As Passed by the Senate 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
SENATORS CARNES-KEARNS-RAY-HOWARD-J. JOHNSON-McLIN- 10
DRAKE-SHEERER-DiDONATO-GARDNER 11
13
A B I L L
To amend sections 149.43, 169.03, 169.08, 329.12, 15
1336.07, 1336.08, 1349.01, 1533.82, 2105.18, 16
2151.23, 2151.231, 2151.33, 2151.49, 2301.34,
2301.35, 2301.353, 2301.356, 2301.357, 2301.358, 17
2301.36, 2301.37, 2301.371, 2301.373, 2301.374, 19
2705.02, 2919.21, 2919.231, 3103.03, 3103.031,
3105.18, 3105.21, 3107.01, 3107.06, 3107.064, 21
3109.05, 3109.12, 3109.19, 3111.02, 3111.03,
3111.04, 3111.06, 3111.07, 3111.09, 3111.12, 22
3111.13, 3111.20, 3111.22, 3111.23, 3111.24, 23
3111.241, 3111.242, 3111.25, 3111.26, 3111.27,
3111.28, 3111.37, 3111.99, 3113.04, 3113.07, 24
3113.21, 3113.211, 3113.212, 3113.213, 3113.215, 25
3113.216, 3113.217, 3113.218, 3113.219, 3113.31,
3113.99, 3317.02, 3705.07, 3705.09, 3705.16, 26
3727.17, 3770.071, 3924.48, 3924.49, 3317.02, 27
4141.16, 4141.28, 5101.26, 5101.28, 5101.31,
5101.311, 5101.312, 5101.322, 5101.323, 5101.324, 29
5101.37, 5101.99, 5104.01, 5104.34, 5107.14,
5107.20, and 5153.16; to amend for purposes of 31
adopting a new section number 2105.18 (5101.314);
to revive section 2301.355; to enact new sections 33
3111.21, 3113.214, 3115.01, 3115.02, 3115.03,
3115.04, 3115.05, 3115.06, 3115.07, 3115.08, 34
3115.09, 3115.10, 3115.11, 3115.12, 3115.13, 35
2
3115.14, 3115.15, 3115.16, 3115.17, 3115.18,
3115.19, 3115.20, 3115.21, 3115.22, 3115.23, 36
3115.24, 3115.25, 3115.26, 3115.27, 3115.28, 37
3115.29, 3115.30, 3115.31, 3115.32, 3115.33, and 38
3115.34, and sections 2151.232, 2301.375,
2301.43, 2301.44, 2301.45, 2301.46, 3105.72, 39
3109.042, 3111.111, 3111.211, 3111.221, 3111.231,
3115.35, 3115.36, 3115.37, 3115.38, 3115.39, 40
3115.40, 3115.41, 3115.42, 3115.43, 3115.44, 41
3115.45, 3115.46, 3115.47, 3115.48, 3115.49, 42
3115.50, 3115.51, 3115.52, 3115.53, 3115.54,
3115.55, 3115.56, 3115.57, 3115.58, 3115.59, 43
3705.091, 5101.315, 5101.316, 5101.317, 5101.318, 44
5101.319, 5101.325, 5101.326, and 5101.327; and 45
to repeal sections 329.043, 2301.351, 2301.352, 47
2301.42, 3111.21, 3113.214, 3115.01, 3115.02,
3115.03, 3115.04, 3115.05, 3115.06, 3115.07, 49
3115.08, 3115.09, 3115.10, 3115.11, 3115.12,
3115.13, 3115.14, 3115.15, 3115.16, 3115.17, 50
3115.18, 3115.19, 3115.20, 3115.21, 3115.22, 51
3115.23, 3115.24, 3115.25, 3115.26, 3115.27,
3115.28, 3115.29, 3115.30, 3115.31, 3115.32, 52
3115.33, 3115.34, 3701.042, and 5153.164 of the 53
Revised Code to make changes to the laws
governing child support, and to declare an 55
emergency.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 57
Section 1. That sections 149.43, 169.03, 169.08, 329.12, 59
1336.07, 1336.08, 1349.01, 1533.82, 2105.18, 2151.23, 2151.231, 61
2151.33, 2151.49, 2301.34, 2301.35, 2301.353, 2301.356, 2301.357, 62
2301.358, 2301.36, 2301.37, 2301.371, 2301.373, 2301.374, 64
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, 66
3
3111.03, 3111.04, 3111.06, 3111.07, 3111.09, 3111.12, 3111.13, 67
3111.20, 3111.22, 3111.23, 3111.24, 3111.241, 3111.242, 3111.25, 68
3111.26, 3111.27, 3111.28, 3111.37, 3111.99, 3113.04, 3113.07, 69
3113.21, 3113.211, 3113.212, 3113.213, 3113.215, 3113.216, 70
3113.217, 3113.218, 3113.219, 3113.31, 3113.99, 3317.02, 3705.07, 71
3705.09, 3705.16, 3727.17, 3770.071, 3924.48, 3924.49, 4141.16, 72
4141.28, 5101.26, 5101.28, 5101.31, 5101.311, 5101.312, 5101.322,
5101.323, 5101.324, 5101.37, 5101.99, 5104.01, 5104.34, 5107.14, 73
5107.20, and 5153.16 be amended; section 2105.18 (5101.314) be 75
amended for the purpose of adopting a new section number as
indicated in the parentheses; section 2301.355 be revived; and 76
new sections 3111.21, 3113.214, 3115.01, 3115.02, 3115.03, 78
3115.04, 3115.05, 3115.06, 3115.07, 3115.08, 3115.09, 3115.10, 80
3115.11, 3115.12, 3115.13, 3115.14, 3115.15, 3115.16, 3115.17, 81
3115.18, 3115.19, 3115.20, 3115.21, 3115.22, 3115.23, 3115.24, 82
3115.25, 3115.26, 3115.27, 3115.28, 3115.29, 3115.30, 3115.31, 83
3115.32, 3115.33, and 3115.34, and sections 2151.232, 2301.375, 84
2301.43, 2301.44, 2301.45, 2301.46, 3105.72, 3109.042, 3111.111, 85
3111.211, 3111.221, 3111.231, 3115.35, 3115.36, 3115.37, 3115.38, 86
3115.39, 3115.40, 3115.41, 3115.42, 3115.43, 3115.44, 3115.45, 87
3115.46, 3115.47, 3115.48, 3115.49, 3115.50, 3115.51, 3115.52, 88
3115.53, 3115.54, 3115.55, 3115.56, 3115.57, 3115.58, 3115.59, 89
3705.091, 5101.315, 5101.316, 5101.317, 5101.318, 5101.319, 90
5101.325, 5101.326, and 5101.327 of the Revised Code be enacted 92
to read as follows:
Sec. 149.43. (A) As used in this section: 101
(1) "Public record" means any record that is kept by any 103
public office, including, but not limited to, state, county, 104
city, village, township, and school district units, except that 106
"public record" does not mean any of the following:
(a) Medical records; 108
(b) Records pertaining to probation and parole 110
proceedings;
(c) Records pertaining to actions under section 2151.85 of 112
4
the Revised Code and to appeals of actions arising under that 113
section;
(d) Records pertaining to adoption proceedings, including 115
the contents of an adoption file maintained by the department of 116
health under section 3705.12 of the Revised Code; 117
(e) Information in a record contained in the putative 119
father registry established by section 3107.062 of the Revised 120
Code, regardless of whether the information is held by the 121
department of human services or, pursuant to section 5101.313 of 122
the Revised Code, the division of child support in the department 123
or a child support enforcement agency;
(f) Records listed in division (A) of section 3107.42 of 125
the Revised Code or specified in division (A) of section 3107.52 126
of the Revised Code;
(g) Trial preparation records; 128
(h) Confidential law enforcement investigatory records; 130
(i) Records containing information that is confidential 132
under section 2317.023 or 4112.05 of the Revised Code; 133
(j) DNA records stored in the DNA database pursuant to 136
section 109.573 of the Revised Code;
(k) Inmate records released by the department of 138
rehabilitation and correction to the department of youth services 140
or a court of record pursuant to division (E) of section 5120.21 141
of the Revised Code;
(l) Records maintained by the department of youth services 143
pertaining to children in its custody released by the department 144
of youth services to the department of rehabilitation and 145
correction pursuant to section 5139.05 of the Revised Code; 146
(m) Intellectual property records; 148
(n) Donor profile records; 150
(o) RECORDS MAINTAINED BY THE DEPARTMENT OF HUMAN SERVICES 152
PURSUANT TO SECTION 5101.312 OF THE REVISED CODE; 153
(p) Records the release of which is prohibited by state or 155
federal law. 156
5
(2) "Confidential law enforcement investigatory record" 158
means any record that pertains to a law enforcement matter of a 159
criminal, quasi-criminal, civil, or administrative nature, but 160
only to the extent that the release of the record would create a 161
high probability of disclosure of any of the following: 162
(a) The identity of a suspect who has not been charged 164
with the offense to which the record pertains, or of an 165
information source or witness to whom confidentiality has been 166
reasonably promised; 167
(b) Information provided by an information source or 169
witness to whom confidentiality has been reasonably promised, 170
which information would reasonably tend to disclose the source's 171
or witness's identity; 172
(c) Specific confidential investigatory techniques or 174
procedures or specific investigatory work product; 175
(d) Information that would endanger the life or physical 177
safety of law enforcement personnel, a crime victim, a witness, 178
or a confidential information source. 179
(3) "Medical record" means any document or combination of 181
documents, except births, deaths, and the fact of admission to or 182
discharge from a hospital, that pertains to the medical history, 183
diagnosis, prognosis, or medical condition of a patient and that 184
is generated and maintained in the process of medical treatment. 185
(4) "Trial preparation record" means any record that 187
contains information that is specifically compiled in reasonable 188
anticipation of, or in defense of, a civil or criminal action or 189
proceeding, including the independent thought processes and 190
personal trial preparation of an attorney. 191
(5) "Intellectual property record" means a record, other 194
than a financial or administrative record, that is produced or
collected by or for faculty or staff of a state institution of 195
higher learning in the conduct of or as a result of study or 196
research on an educational, commercial, scientific, artistic, 197
technical, or scholarly issue, regardless of whether the study or 198
6
research was sponsored by the institution alone or in conjunction
with a governmental body or private concern, and that has not 200
been publicly released, published, or patented. 201
(6) "Donor profile record" means all records about donors 203
or potential donors to a public institution of higher education 204
except the names and reported addresses of the actual donors and 205
the date, amount, and conditions of the actual donation. 206
(B) All public records shall be promptly prepared and made 208
available for inspection to any person at all reasonable times 209
during regular business hours. Upon request, a person 210
responsible for public records shall make copies available at 211
cost, within a reasonable period of time. In order to facilitate 212
broader access to public records, governmental units shall 213
maintain public records in a manner that they can be made 214
available for inspection in accordance with this division. 215
(C) If a person allegedly is aggrieved by the failure of a 217
governmental unit to promptly prepare a public record and to make 218
it available to the person for inspection in accordance with 219
division (B) of this section, or if a person who has requested a 221
copy of a public record allegedly is aggrieved by the failure of 222
a person responsible for the public record to make a copy 223
available to the person allegedly aggrieved in accordance with 225
division (B) of this section, the person allegedly aggrieved may 226
commence a mandamus action to obtain a judgment that orders the 227
governmental unit or the person responsible for the public record 228
to comply with division (B) of this section and that awards 229
reasonable attorney's fees to the person that instituted the 230
mandamus action. The mandamus action may be commenced in the
court of common pleas of the county in which division (B) of this 231
section allegedly was not complied with, in the supreme court 232
pursuant to its original jurisdiction under Section 2 of Article 233
IV, Ohio Constitution, or in the court of appeals for the 234
appellate district in which division (B) of this section 235
allegedly was not complied with pursuant to its original 236
7
jurisdiction under Section 3 of Article IV, Ohio Constitution. 237
(D) Chapter 1347. of the Revised Code does not limit the 239
provisions of this section. 240
(E)(1) The bureau of motor vehicles may adopt rules 242
pursuant to Chapter 119. of the Revised Code to reasonably limit 244
the number of bulk commercial special extraction requests made by
a person for the same records or for updated records during a 245
calendar year. The rules may include provisions for charges to 246
be made for bulk commercial special extraction requests for the 248
actual cost of the bureau, plus special extraction costs, plus 249
ten per cent. The bureau may charge for expenses for redacting 250
information, the release of which is prohibited by law. 251
(2) As used in division (E)(1) of this section: 253
(a) "Actual cost" means the cost of depleted supplies, 255
records storage media costs, actual mailing and alternative 256
delivery costs, or other transmitting costs, and any direct 257
equipment operating and maintenance costs, including actual costs 258
paid to private contractors for copying services. 259
(b) "Bulk commercial special extraction request" means a 261
request for copies of a record for information in a format other 262
than the format already available, or information that cannot be 263
extracted without examination of all items in a records series, 264
class of records, or data base by a person who intends to use or 265
forward the copies for surveys, marketing, solicitation, or 266
resale for commercial purposes. "Bulk commercial special 267
extraction request" does not include a request by a person who 268
gives assurance to the bureau that the person making the request 269
does not intend to use or forward the requested copies for 270
surveys, marketing, solicitation, or resale for commercial 271
purposes.
(c) "Commercial" means profit-seeking production, buying, 273
or selling of any good, service, or other product. 274
(d) "Special extraction costs" means the cost of the time 276
spent by the lowest paid employee competent to perform the task, 277
8
the actual amount paid to outside private contractors employed by 278
the bureau, or the actual cost incurred to create computer 279
programs to make the special extraction. "Special extraction 280
costs" include any charges paid to a public agency for computer
or records services. 281
(3) For purposes of divisions (E)(1) and (2) of this 284
section, "commercial surveys, marketing, solicitation, or resale" 285
shall be narrowly construed and does not include reporting or
gathering news, reporting or gathering information to assist 287
citizen oversight or understanding of the operation or activities 288
of government, or nonprofit educational research. 289
Sec. 169.03. (A)(1) Every holder of unclaimed funds and, 298
when requested, person which could be the holder of unclaimed 299
funds, under this chapter shall report to the director of 300
commerce with respect to the unclaimed funds as provided in this 301
section. The report shall be verified. 302
(2) With respect to items of unclaimed funds each having a 304
value of ten dollars or more, the report required under division 305
(A)(1) of this section shall include: 306
(a) The full name, if known, and last known address, if 308
any, of each person appearing from the records of the holder to 309
be the owner of unclaimed funds under this chapter; 310
(b) In the case of unclaimed funds reported by holders 312
providing life insurance coverage, the full name of the insured 313
or annuitant and beneficiary, if any, and their last known 314
addresses according to such holder's records; 315
(c) The nature and identifying number, if any, or 317
description of the funds and the amount appearing from the 318
records to be due; 319
(d) The date when the funds became payable, demandable, or 321
returnable and the date of the last transaction with the owner 322
with respect to the funds except with respect to each item of 323
unclaimed funds having a value of less than twenty-five dollars; 324
(e) SUBJECT TO DIVISION (I) OF THIS SECTION, THE SOCIAL 326
9
SECURITY NUMBER OF THE OWNER OF THE UNCLAIMED FUNDS, IF IT IS 327
AVAILABLE.
(f) Other information which the director prescribes as 329
necessary for the administration of this chapter. 330
(3) With respect to items of unclaimed funds each having a 332
value of less than ten dollars, the report required under 333
division (A)(1) of this section shall include: 334
(a) Each category of items of unclaimed funds as described 336
in section 169.02 of the Revised Code; 337
(b) The number of items of unclaimed funds within each 339
category; 340
(c) The aggregated value of the items of unclaimed funds 342
within each category. 343
(B) If the holder of unclaimed funds is a successor to 345
other organizations that previously held the funds for the owner, 346
or if the holder has changed its name while holding the funds, it 347
shall file with the report all prior known names and addresses 348
and date and state of incorporation or formation of each holder 349
of the funds. 350
(C) The report shall be filed before the first day of 352
November of each year as of the preceding thirtieth day of June, 353
but the report of holders providing life insurance coverage shall 354
be filed before the first day of May of each year as of the 355
preceding thirty-first day of December. The director may 356
postpone, for good cause shown, the reporting date upon written 357
request by any holder required to file a report. 358
(D) The holder of unclaimed funds under this chapter shall 360
send notice to each owner of each item of unclaimed funds having 361
a value of twenty-five dollars or more at the last known address 362
of the owner as shown by the records of the holder before filing 363
the annual report. In case of holders providing life insurance 364
coverage, such notice shall also be mailed to each beneficiary at 365
the last known address of such beneficiary as shown by the 366
records of such holder, except that such notice to beneficiaries 367
10
shall not be mailed if such address is the same as that of the 368
insured and the surname of the beneficiary is the same as that of 369
the insured. The holder shall not report an item of unclaimed 370
funds earlier than the thirtieth day after the mailing of notice 371
required by this division. 372
Such notice shall set forth the nature and identifying 374
number, if any, or description of the funds and the amount 375
appearing on the records of the holder to be due the owner, and 376
shall inform the owner that the funds will, thirty days after the 377
mailing of such notice, be reported as unclaimed funds under this 378
chapter. A self-addressed, stamped envelope shall be included 379
with the notice, with instructions that the owner may use such 380
envelope to inform the holder of the owner's continued interest 382
in the funds and, if so informed before the date for making the 383
report to the director, the holder shall not report said funds to 384
the director. The notice shall be mailed by first class mail. 385
If there is no address of record for the owner or other person 386
entitled to the unclaimed funds, the holder is relieved of any 387
responsibility of sending notice, attempting to notify, or 388
notifying the owner. The mailing of notice pursuant to this 389
section shall discharge the holder from any further 390
responsibility to give notice. 391
(E) Verification of the report and of the mailing of 393
notice, where required, shall be executed by an officer of the 394
reporting holder. 395
(F) The director may at reasonable times and upon 397
reasonable notice examine or cause to be examined, by auditors of 398
supervisory departments or divisions of the state, the records of 399
any holder to determine compliance with this chapter. The 401
director may enter into contracts, pursuant to procedures 402
prescribed by the director, with persons for the sole purpose of 403
examining the records of holders, determining compliance with 404
this chapter, and collecting, taking possession of, and remitting 405
to the department's division of unclaimed funds, in a timely 406
11
manner, the amounts found and defined as unclaimed. Holders 407
shall retain records, designated by the director as applicable to 408
unclaimed funds, for five years beyond the relevant time period 409
provided in section 169.02 of the Revised Code, or until 410
completion of an audit conducted pursuant to this division, 411
whichever occurs first. 412
Records audited pursuant to this division are confidential, 414
and shall not be disclosed except as required by section 169.06 415
of the Revised Code or as the director considers necessary in the 416
proper administration of this chapter. 417
(G) All holders shall make sufficient investigation of 419
their records to insure that the funds reported to the director 420
are unclaimed as set forth in division (B) of section 169.01 and 421
section 169.02 of the Revised Code. 422
(H) The expiration of any period of limitations on or 424
after March 1, 1968, within which a person entitled to any 425
moneys, rights to moneys, or intangible property could have 426
commenced an action or proceeding to obtain the same shall not 427
prevent such items from becoming unclaimed funds or relieve the 428
holder thereof of any duty to report and give notice as provided 429
in this section and deliver the same in the manner provided in 430
section 169.05 of the Revised Code, provided that the holder may 431
comply with the provisions of this section and section 169.05 of 432
the Revised Code with respect to any moneys, rights to moneys, or 433
intangible property as to which the applicable statute of 434
limitations has run prior to March 1, 1968, and in such event the 435
holder shall be entitled to the protective provisions of section 436
169.07 of the Revised Code. 437
(I) NO SOCIAL SECURITY NUMBER CONTAINED IN A REPORT MADE 439
PURSUANT TO THIS SECTION SHALL BE USED FOR ANY PURPOSE OTHER THAN 440
TO RESPOND TO A REQUEST MADE BY THE DIVISION OF CHILD SUPPORT IN 442
THE DEPARTMENT OF HUMAN SERVICES MADE PURSUANT TO SECTION 443
5101.327 OF THE REVISED CODE.
Sec. 169.08. (A) Any person claiming a property interest 452
12
in unclaimed funds delivered or reported to the state under 453
Chapter 169. of the Revised Code, INCLUDING THE DIVISION OF CHILD 454
SUPPORT IN THE DEPARTMENT OF HUMAN SERVICES, PURSUANT TO SECTION 455
5101.327 OF THE REVISED CODE, may file a claim thereto on the 456
form prescribed by the director of commerce. 457
(B) The director shall consider matters relevant to any 459
claim filed under division (A) of this section and shall hold a 460
formal hearing if requested or considered necessary and receive 461
evidence concerning such claim. A finding and decision in 462
writing on each claim filed shall be prepared, stating the 463
substance of any evidence received or heard and the reasons for 464
allowance or disallowance of the claim. The evidence and 465
decision shall be a public record. No statute of limitations 466
shall bar the allowance of a claim. 467
(C) For the purpose of conducting any hearing, the 469
director may require the attendance of such witnesses and the 470
production of such books, records, and papers as the director 471
desires, and the director may take the depositions of witnesses 473
residing within or without this state in the same manner as is 475
prescribed by law for the taking of depositions in civil actions 476
in the court of common pleas, and for that purpose the director 477
may issue a subpoena for any witness or a subpoena duces tecum to 478
compel the production of any books, records, or papers, directed 479
to the sheriff of the county where such witness resides or is 480
found, which shall be served and returned. The fees and mileage 481
of the sheriff and witnesses shall be the same as that allowed in 482
the court of common pleas in criminal cases. Fees and mileage 483
shall be paid from the unclaimed funds trust fund. 484
(D) Interest is not payable to claimants of unclaimed 486
funds held by the state. Claims shall be paid from the trust 487
fund. If the amount available in the trust fund is not 488
sufficient to pay pending claims, or other amounts disbursable 489
from the trust fund, the treasurer of state shall certify such 490
fact to the director, who shall then withdraw such amount of 491
13
funds from the mortgage accounts as the director determines 492
necessary to reestablish the trust fund to a level required to 494
pay anticipated claims but not more than ten per cent of the net 495
unclaimed funds reported to date. 496
The director shall retain in the trust fund, as a fee for 498
administering the funds, five per cent of the total amount of 499
unclaimed funds payable to the claimant and may withdraw the 500
funds paid to the director by the holders and deposited by the 501
director with the treasurer of state or in a financial 502
institution as agent for such funds. Whenever these funds are 503
inadequate to meet the requirements for the trust fund, the 504
director shall provide for a withdrawal of funds, within a 506
reasonable time, in such amount as is necessary to meet the 507
requirements, from financial institutions in which such funds 508
were retained or placed by a holder and from other holders who 509
have retained funds, in an equitable manner as prescribed by the 510
director. In the event that the amount to be withdrawn from any 512
one such holder is less than five hundred dollars, the amount to 513
be withdrawn shall be at the discretion of the director. Such 514
funds may be reimbursed in the amounts withdrawn when the trust 515
fund has a surplus over the amount required to pay anticipated 516
claims. Whenever the trust fund has a surplus over the amount 517
required to pay anticipated claims, the director may transfer 518
such surplus to the mortgage accounts. 519
(E) If a claim which is allowed under this section relates 521
to funds which have been retained by the reporting holder, and if 522
the funds, on deposit with the treasurer of state pursuant to 523
this chapter, are insufficient to pay claims, the director may 524
notify such holder in writing of the payment of the claim and 525
such holder shall immediately reimburse the state in the amount 526
of such claim. The reimbursement shall be credited to the 527
unclaimed funds trust fund. 528
(F) Any person, INCLUDING THE DIVISION OF CHILD SUPPORT, 530
adversely affected by a decision of the director may appeal such 532
14
decision in the manner provided in Chapter 119. of the Revised 533
Code.
In the event the claimant prevails, the claimant shall be 535
reimbursed for reasonable attorney's fees and costs. 537
(G) Notwithstanding anything to the contrary in this 539
chapter, any holder who has paid moneys to or entered into an 540
agreement with the director pursuant to section 169.05 of the 541
Revised Code on certified checks, cashiers' checks, bills of 542
exchange, letters of credit, drafts, money orders, or travelers' 543
checks, may make payment to any person entitled thereto, 544
INCLUDING THE DIVISION OF CHILD SUPPORT, and upon surrender of 546
the document, except in the case of travelers' checks, and proof 547
of such payment, the director shall reimburse the holder for such 548
payment without interest.
Sec. 329.12. (A) A county department of human services 558
may establish an individual development account program for 559
residents of the county. The program shall provide for 560
establishment of accounts for participants and acceptance of
contributions from others to be used as matching funds for 561
deposit in the accounts. 562
(B) A county department shall select a fiduciary 566
organization to administer its individual DEVELOPMENT account 567
program. In selecting a fiduciary organization, the department 569
shall consider all of the following regarding the organization: 571
(1) Its ability to market the program to potential 573
participants and matching fund contributors; 574
(2) Its ability to invest money in the accounts in a way 577
that provides for return with minimal risk of loss;
(3) Its overall administrative capacity, including the 579
ability to verify eligibility of individuals for participation in 580
the program, prevent unauthorized use of matching contributions, 582
and enforce any penalties for unauthorized uses that may be 583
provided for by rule adopted by the state department of human 584
services under section 5101.971 of the Revised Code. 585
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(4) Its ability to provide financial counseling to 588
participants;
(5) Its affiliation with other activities designed to 590
increase the independence of individuals and families through 591
postsecondary education, home ownership, and business 592
development; 593
(6) Any other factor the county department considers 595
appropriate.
(C) At the time it commences the program and on the first 599
day of each subsequent program year, the county department may 600
make a grant to the fiduciary organization to pay all or part of 601
the administrative costs of the program.
(D) The county department shall require the fiduciary 605
organization to collect and maintain information regarding the 606
program, including all of the following: 607
(1) The number of accounts established; 609
(2) The amount deposited by each participant and the 612
amount matched by contributions;
(3) The uses of funds withdrawn from the account, 614
including the number of participants who used funds for 615
postsecondary educational expenses and the institutions attended, 617
the number of personal residences purchased, and the number of 618
participants who used funds for business capitalization; 619
(4) The demographics of program participants; 621
(5) The number of participants who withdrew from the 623
program and the reasons for withdrawal. 624
(E) The county department shall prepare and file with the 628
state department of human services a semi-annual report 629
containing the information the state department requires by rule 630
adopted under section 5101.971 of the Revised Code, with the 632
first report being filed at the end of the six-month period 633
following the effective date of this section. 634
Sec. 1336.07. (A) In an action for relief arising out of 643
a transfer or an obligation that is fraudulent under section 644
16
1336.04 or 1336.05 of the Revised Code, a creditor OR A CHILD 645
SUPPORT ENFORCEMENT AGENCY ON BEHALF OF A SUPPORT CREDITOR, 646
subject to the limitations in section 1336.08 of the Revised 647
Code, may obtain one of the following: 648
(1) Avoidance of the transfer or obligation to the extent 650
necessary to satisfy the claim of the creditor; 651
(2) An attachment or garnishment against the asset 653
transferred or other property of the transferee in accordance 654
with Chapters 2715. and 2716. of the Revised Code; 655
(3) Subject to the applicable principles of equity and in 657
accordance with the Rules of Civil Procedure, any of the 658
following: 659
(a) An injunction against further disposition by the 661
debtor or a transferee, or both, of the asset transferred or of 662
other property; 663
(b) Appointment of a receiver to take charge of the asset 665
transferred or of other property of the transferee; 666
(c) Any other relief that the circumstances may require. 668
(B) If a creditor OR CHILD SUPPORT ENFORCEMENT AGENCY has 670
obtained a judgment on a claim against the debtor, the creditor 672
OR AGENCY, if the court so orders, may levy execution on the 673
asset transferred or its proceeds in accordance with Chapter 674
2329. of the Revised Code.
Sec. 1336.08. (A) A transfer or an obligation is not 683
fraudulent under division (A)(1) of section 1336.04 of the 684
Revised Code against a person who took in good faith and for a 685
reasonably equivalent value or against any subsequent transferee 686
or obligee. 687
(B)(1) Except as otherwise provided in this section, to 689
the extent a transfer is voidable in an action by a creditor OR A 690
CHILD SUPPORT ENFORCEMENT AGENCY under division (A)(1) of section 692
1336.07 of the Revised Code, the creditor OR AGENCY may recover a 693
judgment for the value of the asset transferred, as adjusted 694
under division (B)(2) of this section, or the amount necessary to 695
17
satisfy the claim of the creditor OR AGENCY, whichever is less. 696
The judgment may be entered against either of the following: 697
(a) The first transferee of the asset or the person for 699
whose benefit the transfer was made; 700
(b) Any subsequent transferee other than a good faith 702
transferee who took for value or from any subsequent transferee. 703
(2) If the judgment under division (B)(1) of this section 705
is based upon the value of the asset transferred, the judgment 706
shall be in an amount equal to the value of the asset at the time 707
of the transfer, subject to adjustment as the equities may 708
require. 709
(C) Notwithstanding the voidability of a transfer or an 711
obligation under division (A)(1) of section 1336.07 of the 712
Revised Code, a good faith transferee or obligee is entitled, to 713
the extent of the value given to the debtor for the transfer or 714
obligation, to any of the following: 715
(1) A lien on or a right to retain any interest in the 717
asset transferred; 718
(2) Enforcement of any obligation incurred; 720
(3) A reduction in the amount of the liability on the 722
judgment. 723
(D) A transfer is not fraudulent under division (A)(2) of 725
section 1336.04 or section 1336.05 of the Revised Code if the 726
transfer results from either of the following: 727
(1) Termination of a lease upon default by the debtor when 729
the termination is pursuant to the lease and applicable law; 730
(2) Enforcement of a security interest in compliance with 732
section 1309.44 of the Revised Code. 733
(E) A transfer is not fraudulent under division (B) of 735
section 1336.05 of the Revised Code as follows: 736
(1) To the extent the insider gave new value to or for the 738
benefit of the debtor after the transfer was made, unless the new 739
value was secured by a valid lien; 740
(2) If made in the ordinary course of business or 742
18
financial affairs of the debtor and the insider; 743
(3) If made pursuant to a good faith effort to 745
rehabilitate the debtor and the transfer secured present value 746
given for that purpose as well as an antecedent debt of the 747
debtor. 748
Sec. 1349.01. (A) As used in this section: 757
(1) "Consumer reporting agency" has the same meaning as in 759
the "Fair Credit Reporting Act," 84 Stat. 1128, 15 U.S.C.A. 760
1681a. 761
(2) "Court" means the division of the court of common 763
pleas having jurisdiction over actions for divorce, annulment, 764
dissolution of marriage, legal separation, child support, or 765
spousal support. 766
(3) "Health insurance coverage" means hospital, surgical, 768
or medical expense coverage provided under any health insurance 769
or health care policy, contract, or plan or any other health 770
benefits arrangement. 771
(4) "Provider" has the same meaning as in section 3901.38 773
of the Revised Code. 774
(B) If, pursuant to an action for divorce, annulment, 776
dissolution of marriage, or legal separation, the court 777
determines that a party who is a resident of this state is 778
responsible for obtaining health insurance coverage for the 780
party's former spouse or children or if, pursuant to a child 781
support order issued under IN ACCORDANCE WITH section 3113.217 of 783
the Revised Code, the court requires a party who is a resident of
this state to obtain health insurance coverage for the children 785
who are the subject of the child support order, and the party 786
fails to obtain such coverage, no provider or collection agency 787
shall collect or attempt to collect from the former spouse, 788
children, or person responsible for the children, any 789
reimbursement of any hospital, surgical, or medical expenses 790
incurred by the provider for services rendered to the former 791
spouse or children, which expenses would have been covered but 792
19
for the failure of the party to obtain the coverage, if the 793
former spouse, any of the children, or a person responsible for 794
the children, provides the following to the provider or
collection agency: 795
(1) A copy of the court order requiring the party to 797
obtain health insurance coverage for the former spouse or 798
children.
(2) Reasonable assistance in locating the party and 800
obtaining information about the party's health insurance 801
coverage.
(C) If the requirements of divisions (B)(1) and (2) of 804
this section are not met, the provider or collection agency may 805
collect the hospital, surgical, or medical expenses both from the 806
former spouse or person responsible for the children and from the 807
party who failed to obtain the coverage. If the requirements of 808
divisions (B)(1) and (2) are met, the provider or collection 809
agency may collect or attempt to collect the expenses only from 810
the party.
A party required to obtain health insurance coverage for a 812
former spouse or children who fails to obtain the coverage is 813
liable to the provider for the hospital, surgical, or medical 814
expenses incurred by the provider as a result of the failure to 815
obtain the coverage. This section does not prohibit a former 816
spouse or person responsible for the children from initiating an 817
action to enforce the order requiring the party to obtain health 818
insurance for the former spouse or children or to collect any 819
amounts the former spouse or person responsible for the children 820
pays for hospital, surgical, or medical expenses for which the 821
party is responsible under the order requiring the party to 822
obtain health insurance for the former spouse or children. 823
(D)(1) If the requirements of divisions (B)(1) and (2) of 825
this section are met, both of the following restrictions shall 826
apply:
(a) No collection agency or provider of hospital, 828
20
surgical, or medical services may report to a consumer reporting 829
agency, for inclusion in the credit file or credit report of the 830
former spouse or person responsible for the children, any 831
information relative to the nonpayment of expenses for the 832
services incurred by the provider, if the nonpayment is the 833
result of the failure of the party responsible for obtaining 834
health insurance coverage to obtain health insurance coverage. 835
(b) No consumer reporting agency shall include in the 837
credit file or credit report of the former spouse or person 838
responsible for the children, any information relative to the 839
nonpayment of any hospital, surgical, or medical expenses 840
incurred by a provider as a result of the party's failure to
obtain the coverage. 841
(2) If the requirements of divisions (B)(1) and (2) of 843
this section are not met, both of the following provisions shall 844
apply: 845
(a) A provider of hospital, surgical, or medical services, 847
or a collection agency, may report to a consumer reporting 848
agency, for inclusion in the credit file or credit report of the 849
former spouse or person responsible for the children, any 850
information relative to the nonpayment of expenses for the
services incurred by the provider, if the nonpayment is the 851
result of the failure of the party responsible for obtaining 852
health insurance coverage to obtain such coverage. 853
(b) A consumer reporting agency may include in the credit 855
file or credit report of the former spouse or person responsible 856
for the children, any information relative to the nonpayment of 857
any hospital, surgical, or medical expenses incurred by the 858
provider, if the nonpayment is the result of the failure of the 859
party responsible for obtaining health insurance coverage to
obtain such coverage. 860
(3)(a) A provider of hospital, surgical, or medical 862
services, or a collection agency, may report to a consumer 863
reporting agency, for inclusion in the credit file or credit 864
21
report of that party, any information relative to the nonpayment 865
of expenses for the services incurred by the provider, if the
nonpayment is the result of the failure of the party responsible 866
for obtaining health insurance coverage to obtain such coverage. 867
(b) A consumer reporting agency may include in the credit 869
file or credit report of the party responsible for obtaining 870
health insurance coverage, any information relative to the 871
nonpayment of any hospital, surgical, or medical expenses 872
incurred by a provider, if the nonpayment is the result of the
failure of that party to obtain health insurance coverage. 873
(4) If any information described in division (D)(2) of 875
this section is placed in the credit file or credit report of the 876
former spouse or person responsible for the children, the 877
consumer reporting agency shall remove the information from the 878
credit file and credit report if the former spouse or person
responsible for the children provides the agency with the 879
information required in divisions (B)(1) and (2) of this section. 880
If the agency fails to remove the information from the credit 881
file or credit report pursuant to the terms of the "Fair Credit 882
Reporting Act," 84 Stat. 1128, 15 U.S.C. 1681a, within a
reasonable time after receiving the information required by 883
divisions (B)(1) and (2) of this section, the former spouse may 884
initiate an action to require the agency to remove the 885
information.
If any information described in division (D)(3) of this 887
section is placed in the party's credit file or credit report, 888
the party has the burden of proving that the party is not 889
responsible for obtaining the health insurance coverage or, if 890
responsible, that the expenses incurred are not covered expenses.
If the party meets that burden, the agency shall remove the 891
information from the party's credit file and credit report 892
immediately. If the agency fails to remove the information from 893
the credit file or credit report immediately after the party 894
meets the burden, the party may initiate an action to require the
22
agency to remove the information. 895
Sec. 1533.82. (A) On receipt of a notice pursuant to 904
section 2301.373 of the Revised Code, the chief of the division 905
of wildlife shall comply with that section with respect to a 908
license or permit issued pursuant to section 1533.23, 1533.34, 909
1533.342, 1533.39, 1533.40, 1533.51, 1533.631, 1533.71, 1533.72, 910
or 1533.81 of the Revised Code.
(B) ON RECEIPT OF A NOTICE PURSUANT TO SECTION 2301.375 OF 912
THE REVISED CODE, THE CHIEF OF THE DIVISION OF WILDLIFE SHALL 913
COMPLY WITH THAT SECTION WITH RESPECT TO A LICENSE, PERMIT, OR 914
STAMP ISSUED PURSUANT TO SECTION 1533.10, 1533.11, 1533.111, 915
1533.112, OR 1533.32 OF THE REVISED CODE.
Sec. 2151.23. (A) The juvenile court has exclusive 924
original jurisdiction under the Revised Code as follows: 925
(1) Concerning any child who on or about the date 927
specified in the complaint is alleged to be a juvenile traffic 928
offender or a delinquent, unruly, abused, neglected, or dependent 930
child;
(2) Subject to division (V) of section 2301.03 of the 932
Revised Code, to determine the custody of any child not a ward of 933
another court of this state; 934
(3) To hear and determine any application for a writ of 936
habeas corpus involving the custody of a child; 937
(4) To exercise the powers and jurisdiction given the 939
probate division of the court of common pleas in Chapter 5122. of 941
the Revised Code, if the court has probable cause to believe that 942
a child otherwise within the jurisdiction of the court is a
mentally ill person subject to hospitalization by court order, as 943
defined in section 5122.01 of the Revised Code; 944
(5) To hear and determine all criminal cases charging 946
adults with the violation of any section of this chapter; 947
(6) To hear and determine all criminal cases in which an 949
adult is charged with a violation of division (C) of section 950
2919.21, division (B)(1) of section 2919.22, division (B) of 951
23
section 2919.23, or section 2919.24 of the Revised Code, provided 952
the charge is not included in an indictment that also charges the 953
alleged adult offender with the commission of a felony arising 954
out of the same actions that are the basis of the alleged 955
violation of division (C) of section 2919.21, division (B)(1) of 956
section 2919.22, division (B) of section 2919.23, or section 957
2919.24 of the Revised Code; 958
(7) Under the interstate compact on juveniles in section 960
2151.56 of the Revised Code; 961
(8) Concerning any child who is to be taken into custody 963
pursuant to section 2151.31 of the Revised Code, upon being 964
notified of the intent to take the child into custody and the 965
reasons for taking the child into custody; 966
(9) To hear and determine requests for the extension of 968
temporary custody agreements, and requests for court approval of 969
permanent custody agreements, that are filed pursuant to section 970
5103.15 of the Revised Code; 971
(10) To hear and determine applications for consent to 973
marry pursuant to section 3101.04 of the Revised Code; 974
(11) Subject to division (V) of section 2301.03 of the 976
Revised Code, to hear and determine a request for an order for 977
the support of any child if the request is not ancillary to an 978
action for divorce, dissolution of marriage, annulment, or legal 979
separation, a criminal or civil action involving an allegation of 980
domestic violence, or an action for support brought under Chapter 981
3115. of the Revised Code; 982
(12) Concerning an action commenced under section 121.38 984
of the Revised Code; 985
(13) Concerning an action commenced under section 2151.55 987
of the Revised Code.
(B) The juvenile court has original jurisdiction under the 989
Revised Code: 990
(1) To hear and determine all cases of misdemeanors 992
charging adults with any act or omission with respect to any 993
24
child, which act or omission is a violation of any state law or 994
any municipal ordinance; 995
(2) To determine the paternity of any child alleged to 997
have been born out of wedlock pursuant to sections 3111.01 to 998
3111.19 of the Revised Code; 999
(3) Under the uniform reciprocal enforcement of INTERSTATE 1,001
FAMILY support act in Chapter 3115. of the Revised Code; 1,003
(4) To hear and determine an application for an order for 1,005
the support of any child, if the child is not a ward of another 1,006
court of this state; 1,007
(5) TO HEAR AND DETERMINE AN ACTION COMMENCED UNDER 1,009
SECTION 5101.314 OF THE REVISED CODE. 1,010
(C) The juvenile court, except as to juvenile courts that 1,012
are a separate division of the court of common pleas or a 1,013
separate and independent juvenile court, has jurisdiction to 1,014
hear, determine, and make a record of any action for divorce or 1,015
legal separation that involves the custody or care of children 1,016
and that is filed in the court of common pleas and certified by 1,017
the court of common pleas with all the papers filed in the action 1,018
to the juvenile court for trial, provided that no certification 1,019
of that nature shall be made to any juvenile court unless the 1,021
consent of the juvenile judge first is obtained. After a 1,022
certification of that nature is made and consent is obtained, the 1,024
juvenile court shall proceed as if the action originally had been 1,025
begun in that court, except as to awards for spousal support or 1,026
support due and unpaid at the time of certification, over which 1,027
the juvenile court has no jurisdiction.
(D) The juvenile court has jurisdiction to hear and 1,029
determine all matters as to custody and support of children duly 1,030
certified by the court of common pleas to the juvenile court 1,031
after a divorce decree has been granted, including jurisdiction 1,032
to modify the judgment and decree of the court of common pleas as 1,033
the same relate to the custody and support of children. 1,034
(E) The juvenile court has jurisdiction to hear and 1,036
25
determine the case of any child certified to the court by any 1,037
court of competent jurisdiction if the child comes within the 1,038
jurisdiction of the juvenile court as defined by this section. 1,039
(F)(1) The juvenile court shall exercise its jurisdiction 1,041
in child custody matters in accordance with sections 3109.04, 1,042
3109.21 to 3109.36, and 5103.20 to 5103.28 of the Revised Code. 1,043
(2) The juvenile court shall exercise its jurisdiction in 1,045
child support matters in accordance with section 3109.05 of the 1,046
Revised Code. 1,047
(G)(1) Each order for child support made or modified by a 1,049
juvenile court on or after December 31, 1993, shall include as 1,050
part of the order a general provision, as described in division 1,051
(A)(1) of section 3113.21 of the Revised Code, requiring the 1,052
withholding or deduction of wages INCOME or assets of the obligor 1,054
under the order as described in division (D) of section 3113.21 1,055
of the Revised Code, or another type of appropriate requirement 1,056
as described in division (D)(6)(3), (D)(7)(4), or (H) of that 1,058
section, to ensure that withholding or deduction from the wages 1,059
INCOME or assets of the obligor is available from the 1,061
commencement of the support order for collection of the support 1,062
and of any arrearages that occur; a statement requiring all 1,063
parties to the order to notify the child support enforcement 1,064
agency in writing of their current mailing address, their current 1,065
residence address, CURRENT RESIDENCE TELEPHONE NUMBER, AND 1,066
CURRENT DRIVER'S LICENSE NUMBER, and any changes in either 1,068
address TO THAT INFORMATION; and a notice that the requirement to 1,069
notify the child support enforcement agency of all changes in 1,070
either address TO THAT INFORMATION continues until further notice 1,071
from the court. Any juvenile court that makes or modifies an 1,073
order for child support on or after April 12, 1990, shall comply 1,074
with sections 3113.21 to 3113.219 of the Revised Code. If any 1,075
person required to pay child support under an order made by a 1,076
juvenile court on or after April 15, 1985, or modified on or 1,077
after December 1, 1986, is found in contempt of court for failure 1,078
26
to make support payments under the order, the court that makes 1,079
the finding, in addition to any other penalty or remedy imposed, 1,080
shall assess all court costs arising out of the contempt 1,081
proceeding against the person and require the person to pay any 1,082
reasonable attorney's fees of any adverse party, as determined by 1,083
the court, that arose in relation to the act of contempt. 1,084
(2) Notwithstanding section 3109.01 of the Revised Code, 1,086
if a juvenile court issues a child support order under this 1,087
chapter, the order shall remain in effect beyond the child's 1,088
eighteenth birthday as long as the child continuously attends on 1,089
a full-time basis any recognized and accredited high school OR 1,090
THE ORDER PROVIDES THAT THE DUTY OF SUPPORT OF THE CHILD 1,091
CONTINUES BEYOND THE CHILD'S EIGHTEENTH BIRTHDAY. EXCEPT IN 1,092
CASES IN WHICH THE ORDER PROVIDES THAT THE DUTY OF SUPPORT 1,093
CONTINUES FOR ANY PERIOD AFTER THE CHILD REACHES NINETEEN YEARS 1,094
OF AGE THE ORDER SHALL NOT REMAIN IN EFFECT AFTER THE CHILD 1,095
REACHES NINETEEN YEARS OF AGE. Any parent ordered to pay support 1,097
under a child support order issued under this chapter shall 1,098
continue to pay support under the order, including during 1,099
seasonal vacation periods, until the order terminates. 1,100
(H) If a child who is charged with an act that would be an 1,102
offense if committed by an adult was fourteen years of age or 1,103
older and under eighteen years of age at the time of the alleged 1,104
act and if the case is transferred for criminal prosecution 1,105
pursuant to section 2151.26 of the Revised Code, the juvenile 1,107
court does not have jurisdiction to hear or determine the case 1,108
subsequent to the transfer. The court to which the case is 1,109
transferred for criminal prosecution pursuant to that section has 1,110
jurisdiction subsequent to the transfer to hear and determine the 1,111
case in the same manner as if the case originally had been 1,112
commenced in that court, including, but not limited to,
jurisdiction to accept a plea of guilty or another plea 1,113
authorized by Criminal Rule 11 or another section of the Revised 1,115
Code and jurisdiction to accept a verdict and to enter a judgment 1,116
27
of conviction pursuant to the Rules of Criminal Procedure against 1,117
the child for the commission of the offense that was the basis of 1,118
the transfer of the case for criminal prosecution, whether the 1,119
conviction is for the same degree or a lesser degree of the 1,120
offense charged, for the commission of a lesser-included offense, 1,121
or for the commission of another offense that is different from 1,122
the offense charged. 1,123
(I) If a person under eighteen years of age allegedly 1,126
commits an act that would be a felony if committed by an adult 1,127
and if the person is not taken into custody or apprehended for
that act until after the person attains twenty-one years of age, 1,128
the juvenile court does not have jurisdiction to hear or 1,129
determine any portion of the case charging the person with 1,130
committing that act. In those circumstances, divisions (B) and 1,131
(C) of section 2151.26 of the Revised Code do not apply regarding 1,132
the act, the case charging the person with committing the act 1,133
shall be a criminal prosecution commenced and heard in the 1,134
appropriate court having jurisdiction of the offense as if the 1,135
person had been eighteen years of age or older when the person 1,136
committed the act, all proceedings pertaining to the act shall be
within the jurisdiction of the court having jurisdiction of the 1,137
offense, and the court having jurisdiction of the offense has all 1,138
the authority and duties in the case as it has in other criminal 1,139
cases commenced in that court.
Sec. 2151.231. The parent, guardian, or custodian of a 1,148
child, the person with whom a child resides, or the child support 1,149
enforcement agency of the county in which the child, parent, 1,150
guardian, or custodian of the child resides may bring an action 1,152
in a juvenile court under this section requesting the court to
issue an order requiring a parent of the child to pay an amount 1,153
for the support of the child without regard to the marital status 1,154
of the child's parents.
The parties to an action under this section may raise the 1,156
issue of the existence or nonexistence of a parent-child 1,157
28
relationship, unless a final and enforceable determination of the 1,158
issue has been made with respect to the parties pursuant to 1,159
Chapter 3111. of the Revised Code OR AN ACKNOWLEDGMENT OF 1,160
PATERNITY SIGNED BY THE CHILD'S PARENTS HAS BECOME FINAL PURSUANT
TO SECTION 2151.232, 3111.211, OR 5101.314 OF THE REVISED CODE. 1,161
If a complaint is filed under this section and an issue 1,163
concerning the existence or nonexistence of a parent-child 1,164
relationship is raised, the court shall treat the action as an
action pursuant to sections 3111.01 to 3111.19 of the Revised 1,165
Code. An order issued in an action under this section does not 1,167
preclude a party to the action from bringing a subsequent action 1,169
pursuant to sections 3111.01 to 3111.19 of the Revised Code if 1,171
the issue concerning the existence or nonexistence of the 1,172
parent-child relationship was not determined with respect to the 1,173
party PURSUANT TO A PROCEEDING UNDER THIS SECTION, A PROCEEDING 1,174
UNDER CHAPTER 3111. OF THE REVISED CODE, OR AN ACKNOWLEDGMENT OF 1,175
PATERNITY THAT HAS BECOME FINAL UNDER SECTION 2151.232, 3111.211, 1,176
OR 5101.314 OF THE REVISED CODE. An order issued pursuant to 1,177
this section shall remain effective until an order is issued 1,178
pursuant to sections 3111.01 to 3111.19 of the Revised Code that 1,179
a parent-child relationship does not exist between the alleged 1,181
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 1,183
Revised Code that would require the order to terminate.
THE COURT, IN ACCORDANCE WITH SECTION 3113.217 OF THE 1,185
REVISED CODE, SHALL INCLUDE IN EACH SUPPORT ORDER MADE UNDER THIS 1,186
SECTION THE REQUIREMENT THAT ONE OR BOTH OF THE PARENTS PROVIDE 1,187
FOR THE HEALTH CARE NEEDS OF THE CHILD TO THE SATISFACTION OF THE 1,188
COURT.
Sec. 2151.232. IF AN ACKNOWLEDGMENT HAS BEEN FILED AND 1,190
ENTERED INTO THE BIRTH REGISTRY PURSUANT TO SECTION 5101.314 OF 1,191
THE REVISED CODE BUT HAS NOT YET BECOME FINAL, EITHER PARENT WHO 1,193
SIGNED THE ACKNOWLEDGMENT MAY BRING AN ACTION IN THE JUVENILE 1,194
COURT UNDER THIS SECTION REQUESTING THAT THE COURT ISSUE AN ORDER 1,195
29
REQUIRING A PARENT OF THE CHILD TO PAY AN AMOUNT FOR THE SUPPORT 1,196
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 1,198
ISSUE OF THE EXISTENCE OR NONEXISTENCE OF A PARENT-CHILD 1,199
RELATIONSHIP. IF AN ACTION IS COMMENCED PURSUANT TO THIS SECTION 1,200
AND THE ISSUE OF THE EXISTENCE OR NONEXISTENCE OF A PARENT-CHILD 1,201
RELATIONSHIP IS RAISED, THE COURT SHALL TREAT THE ACTION AS AN 1,202
ACTION COMMENCED PURSUANT TO SECTIONS 3111.01 TO 3111.19 OF THE 1,204
REVISED CODE. IF THE ISSUE IS RAISED, THE COURT SHALL PROMPTLY 1,205
NOTIFY THE DIVISION OF CHILD SUPPORT IN THE DEPARTMENT OF HUMAN 1,206
SERVICES THAT IT IS CONDUCTING PROCEEDINGS IN COMPLIANCE WITH 1,207
SECTIONS 3111.01 TO 3111.19 OF THE REVISED CODE. ON RECEIPT OF 1,209
THE NOTICE BY THE DIVISION, THE ACKNOWLEDGMENT OF PATERNITY
SIGNED BY THE PARTIES AND FILED PURSUANT TO SECTION 5101.314 OF 1,210
THE REVISED CODE SHALL BE CONSIDERED RESCINDED. 1,211
IF THE PARTIES DO NOT RAISE THE ISSUE OF THE EXISTENCE OR 1,213
NONEXISTENCE OF A PARENT-CHILD RELATIONSHIP IN THE ACTION AND AN 1,214
ORDER IS ISSUED PURSUANT TO THIS SECTION PRIOR TO THE DATE THE 1,215
ACKNOWLEDGMENT FILED AND ENTERED ON THE BIRTH REGISTRY UNDER 1,216
SECTION 5101.314 OF THE REVISED CODE BECOMES FINAL, THE 1,218
ACKNOWLEDGMENT SHALL BE CONSIDERED FINAL AS OF THE DATE OF THE 1,219
ISSUANCE OF THE ORDER. AN ORDER ISSUED PURSUANT TO THIS SECTION
SHALL NOT AFFECT AN ACKNOWLEDGMENT THAT BECOMES FINAL PURSUANT TO 1,220
SECTION 5101.314 OF THE REVISED CODE PRIOR TO THE ISSUANCE OF THE 1,223
ORDER.
Sec. 2151.33. (A) Pending hearing of a complaint filed 1,232
under section 2151.27 of the Revised Code or a motion filed or 1,233
made under division (B) of this section and the service of 1,234
citations, the juvenile court may make any temporary disposition 1,235
of any child that it considers necessary to protect the best 1,236
interest of the child and that can be made pursuant to division 1,237
(B) of this section. Upon the certificate of one or more 1,238
reputable practicing physicians, the court may summarily provide 1,239
30
for emergency medical and surgical treatment that appears to be 1,240
immediately necessary to preserve the health and well-being of 1,241
any child concerning whom a complaint or an application for care 1,242
has been filed, pending the service of a citation upon the 1,243
child's parents, guardian, or custodian. The court may order the 1,244
parents, guardian, or custodian, if the court finds the parents, 1,245
guardian, or custodian able to do so, to reimburse the court for 1,246
the expense involved in providing the emergency medical or 1,247
surgical treatment. Any person who disobeys the order for 1,248
reimbursement may be adjudged in contempt of court and punished 1,249
accordingly. 1,250
If the emergency medical or surgical treatment is furnished 1,252
to a child who is found at the hearing to be a nonresident of the 1,253
county in which the court is located and if the expense of the 1,254
medical or surgical treatment cannot be recovered from the 1,255
parents, legal guardian, or custodian of the child, the board of 1,256
county commissioners of the county in which the child has a legal 1,257
settlement shall reimburse the court for the reasonable cost of 1,258
the emergency medical or surgical treatment out of its general 1,259
fund. 1,260
(B)(1) After a complaint, petition, writ, or other 1,262
document initiating a case dealing with an alleged or adjudicated 1,263
abused, neglected, or dependent child is filed and upon the 1,264
filing or making of a motion pursuant to division (C) of this 1,265
section, the court, prior to the final disposition of the case, 1,266
may issue any of the following temporary orders to protect the 1,267
best interest of the child: 1,268
(a) An order granting temporary custody of the child to a 1,270
particular party; 1,271
(b) An order for the taking of the child into custody 1,273
pursuant to section 2151.31 of the Revised Code pending the 1,274
outcome of the adjudicatory and dispositional hearings; 1,275
(c) An order granting, limiting, or eliminating visitation 1,277
rights with respect to the child; 1,278
31
(d) An order requiring a party to vacate a residence that 1,281
will be lawfully occupied by the child; 1,282
(e) An order requiring a party to attend an appropriate 1,284
counseling program that is reasonably available to that party; 1,285
(f) Any other order that restrains or otherwise controls 1,287
the conduct of any party which conduct would not be in the best 1,288
interest of the child. 1,289
(2) Prior to the final disposition of a case subject to 1,291
division (B)(1) of this section, the court shall do both of the 1,292
following:
(a) Issue an order pursuant to sections 3113.21 to 1,294
3113.219 of the Revised Code requiring the parents, guardian, or 1,295
person charged with the child's support to pay support for the 1,297
child.
(b) Issue an order requiring the parents, guardian, or 1,299
person charged with the child's support to continue to maintain 1,300
any health insurance coverage for the child that existed at the 1,301
time of the filing of the complaint, petition, writ, or other 1,302
document, or to obtain health insurance coverage pursuant to IN 1,303
ACCORDANCE WITH section 3113.217 of the Revised Code. 1,305
(C)(1) A court may issue an order pursuant to division (B) 1,307
of this section upon its own motion or if a party files a written 1,309
motion or makes an oral motion requesting the issuance of the 1,310
order and stating the reasons for it. Any notice sent by the 1,311
court as a result of a motion pursuant to this division shall 1,312
contain a notice that any party to a juvenile proceeding has the 1,313
right to be represented by counsel and to have appointed counsel 1,315
if the person is indigent.
(2) If a child is taken into custody pursuant to section 1,317
2151.31 of the Revised Code and placed in shelter care, the 1,318
public children services agency or private child placing agency 1,319
with which the child is placed in shelter care shall file or make 1,320
a motion as described in division (C)(1) of this section before 1,321
the end of the next day immediately after the date on which the 1,323
32
child was taken into custody and, at a minimum, shall request an 1,324
order for temporary custody under division (B)(1)(a) of this 1,325
section.
(3) Any court that issues an order pursuant to division 1,327
(B)(1)(b) of this section shall make the determination and issue 1,329
the written finding of facts required by section 2151.419 of the
Revised Code. 1,330
(D) The court may grant an ex parte order upon its own 1,333
motion or a motion filed or made pursuant to division (C) of this 1,334
section requesting such an order if it appears to the court that 1,336
the best interest and the welfare of the child require that the 1,337
court issue the order immediately. The court, if acting on its 1,338
own motion, or the person requesting the granting of an ex parte 1,339
order, to the extent possible, shall give notice of its intent or 1,340
of the request to the parents, guardian, or custodian of the 1,341
child who is the subject of the request. If the court issues an 1,342
ex parte order, the court shall hold a hearing to review the 1,343
order within seventy-two hours after it is issued or before the 1,344
end of the next day after the day on which it is issued, 1,345
whichever occurs first. The court shall give written notice of 1,346
the hearing to all parties to the action and shall appoint a 1,347
guardian ad litem for the child prior to the hearing. 1,348
The written notice shall be given by all means that are 1,350
reasonably likely to result in the party receiving actual notice 1,351
and shall include all of the following: 1,352
(1) The date, time, and location of the hearing; 1,354
(2) The issues to be addressed at the hearing; 1,356
(3) A statement that every party to the hearing has a 1,358
right to counsel and to court appointed counsel, if the party is 1,359
indigent; 1,360
(4) The name, telephone number, and address of the person 1,362
requesting the order; 1,363
(5) A copy of the order, except when it is not possible to 1,365
obtain it because of the exigent circumstances in the case. 1,366
33
If the court does not grant an ex parte order pursuant to a 1,368
motion filed or made pursuant to division (C) of this section or 1,370
its own motion, the court shall hold a shelter care hearing on 1,371
the motion within ten days after the motion is filed. The court 1,372
shall give notice of the hearing to all affected parties in the 1,373
same manner as set forth in the Juvenile Rules.
(E) The court, pending the outcome of the adjudicatory and 1,375
dispositional hearings, shall not issue an order granting 1,376
temporary custody of a child to a public children services agency 1,377
or private child placing agency pursuant to this section, unless 1,378
the court determines and specifically states in the order that 1,379
the continued residence of the child in the child's current home 1,380
will be contrary to the child's best interest and welfare and 1,381
makes the determination and issues the written finding of facts 1,382
required by section 2151.419 of the Revised Code. 1,383
(F) Each public children services agency and private child 1,385
placing agency that receives temporary custody of a child 1,386
pursuant to this section shall maintain in the child's case 1,387
record written documentation that it has placed the child, to the 1,388
extent that it is consistent with the best interest, welfare, and 1,389
special needs of the child, in the most family-like setting 1,390
available and in close proximity to the home of the parents, 1,391
custodian, or guardian of the child. 1,392
(G) For good cause shown, any court order that is issued 1,394
pursuant to this section may be reviewed by the court at any time 1,395
upon motion of any party to the action or upon the motion of the 1,396
court. 1,397
Sec. 2151.49. In every case of conviction under sections 1,406
2151.01 to 2151.54 of the Revised Code, where imprisonment is 1,407
imposed as part of the punishment, the juvenile judge may suspend 1,408
sentence, before or during commitment, upon such condition as he 1,409
THE JUVENILE JUDGE imposes. In the case of conviction for 1,410
non-support of a child who is receiving aid under Chapter 5107. 1,411
or 5115. of the Revised Code, if the juvenile judge suspends 1,412
34
sentence on condition that the person make payments for support, 1,413
the payment shall be made to the county department of human 1,414
services rather than to the child or custodian of the child.
THE COURT, IN ACCORDANCE WITH SECTION 3113.217 OF THE 1,416
REVISED CODE, SHALL INCLUDE IN EACH SUPPORT ORDER MADE UNDER THIS 1,417
SECTION THE REQUIREMENT THAT ONE OR BOTH OF THE PARENTS PROVIDE 1,418
FOR THE HEALTH CARE NEEDS OF THE CHILD TO THE SATISFACTION OF THE 1,419
COURT.
Sec. 2301.34. As used in sections 2301.34 to 2301.42 1,428
2301.46 of the Revised Code: 1,429
(A) "Default" means any failure to pay under a support 1,431
order that is an amount greater than or equal to the amount of 1,432
support payable under the support order for one month. 1,433
(B) "Support order" means an order of a court requiring 1,435
payments PAYMENT OF SUPPORT ISSUED pursuant to section 2151.23, 1,437
2151.231, 2151.232, 2151.33, 2151.36, 2151.49, 3105.18, 3105.21, 1,438
3109.05, 3109.19, 3111.13, 3111.20, 3111.21 3111.211, 3111.22, 1,439
3113.04, 3113.07, 3113.31, or 3115.22 3115.31 of the Revised 1,440
Code. 1,441
(C) "Obligor" and "obligee" have the same meaning as in 1,443
section 3113.21 of the Revised Code. 1,444
Sec. 2301.35. (A) Each county shall have a child support 1,453
enforcement agency. A government entity designated under this 1,455
section prior to the effective date of this amendment or a 1,456
private or government entity designated under section 307.981 of 1,457
the Revised Code on or after that date may serve as a county's
child support enforcement agency. 1,458
(B) Each child support enforcement agency shall enter into 1,461
a plan of cooperation with the board of county commissioners 1,462
under section 307.983 of the Revised Code and comply with the 1,463
partnership agreement the board enters into under section 307.98 1,464
and contracts the board enters into under sections 307.981 and 1,465
307.982 of the Revised Code that affect the agency.
(C) The child support enforcement agency for a county is 1,467
35
the local Title IV-D agency for the county and shall operate a 1,468
program for support enforcement in the county, which program 1,469
shall comply with Title IV-D of the "Social Security Act," 88 1,470
Stat. 2351 (1975), 42 U.S.C. 651, as amended, any rules adopted 1,471
pursuant to that title, and sections 2151.23, 2151.231, 2151.232, 1,472
2151.33, 2301.34 to 2301.42 2301.46, 3105.18, 3105.21, 3109.05, 1,474
3109.19, 3111.13, 3111.20, 3111.21 3111.211, 3111.22, 3113.04, 1,476
3113.21 to 3113.219, 3113.31, and 3115.22 3115.31 of the Revised 1,477
Code. Each child support enforcement agency shall be operated 1,479
under the supervision of the state department of human services 1,480
in accordance with the program of child support enforcement 1,481
established pursuant to section 5101.31 of the Revised Code, 1,482
shall be responsible in the county it serves for the collection 1,483
ENFORCEMENT of payments due under support orders, and shall 1,485
perform all administrative duties related to the collection 1,486
ENFORCEMENT of payments due under any support order. EXCEPT AS 1,487
PROVIDED IN DIVISION (H) OF THIS SECTION AND PURSUANT TO SECTIONS 1,488
2301.38 AND 2301.45 OF THE REVISED CODE, NO CHILD SUPPORT
ENFORCEMENT AGENCY SHALL COLLECT ANY SUPPORT AMOUNTS DUE UNDER A 1,489
SUPPORT ORDER AS PART OF ITS DUTIES TO ENFORCE SUPPORT ORDERS. 1,490
No child support enforcement agency shall use any social security 1,491
number made available to it under section 3705.07 of the Revised 1,492
Code for any purpose other than child support enforcement. The 1,493
department shall ensure that all child support enforcement 1,494
agencies comply with all applicable state and federal support 1,495
regulations, including the affirmative duties of Title IV-D of 1,496
the Social Security Act. 1,497
Each child support enforcement agency may enter into 1,499
contracts with public agencies and private vendors for the 1,500
collection of amounts due under support orders, for assistance in 1,501
establishing paternity or support obligations, or for the 1,502
performance of other administrative duties of the agency. Each 1,503
child support enforcement agency may contract with a collection 1,504
agent in accordance with section 2301.42 of the Revised Code for 1,505
36
the collection of arrearages described in that section OWED UNDER 1,507
CHILD SUPPORT ORDERS BEING ADMINISTERED BY THE AGENCY. Before 1,508
entering into a contract for the collection of support, 1,509
assistance in establishing paternity or support obligations, or 1,510
for other administrative services, OR FOR THE COLLECTION OF 1,511
ARREARAGES BY A COLLECTION AGENT, a child support enforcement 1,512
agency shall comply with sections 307.86 to 307.92 of the Revised 1,513
Code and any rules adopted by the state department of human 1,514
services pursuant to division (D)(1) of this section. 1,515
(D)(1) The state department of human services shall adopt 1,518
rules under Chapter 119. of the Revised Code governing the 1,519
operation of support enforcement by child support enforcement 1,520
agencies. The rules shall include, but shall not be limited to, 1,521
provisions relating to contracts between the agencies and boards 1,522
of county commissioners entered into under division (B)(1) of 1,523
this section, requirements for public hearings by the agencies, 1,524
and provisions for appeals of agency decisions under procedures 1,525
established by the department.
(2) The state department of human services shall adopt in 1,528
accordance with Chapter 119. of the Revised Code rules governing 1,529
the establishment by child support enforcement agencies of 1,530
on-site genetic testing programs to be used in actions under 1,531
sections 3111.01 to 3111.19 of the Revised Code and in 1,532
administrative procedures under sections 3111.20 to 3111.29 of 1,533
the Revised Code. The rules shall include, but are not limited 1,534
to, provisions relating to the environment in which a blood or 1,535
buccal cell sample may be drawn, the medical personnel who may
draw a sample, the trained personnel who may perform the genetic 1,536
comparison, the types of genetic testing that may be performed on 1,537
a sample, and the procedure for notifying the court of the 1,538
location at which the sample will be drawn, who will draw the 1,540
sample, and who will perform the genetic testing on the sample, 1,541
and any other procedures or standards the department determines 1,542
are necessary for the implementation of on-site genetic testing. 1,543
37
(E) Each child support enforcement agency designated under 1,545
this section shall enter into written agreements with the courts, 1,546
the prosecuting attorney, and law enforcement officials of the 1,547
county it serves, which agreements shall establish cooperative 1,548
working arrangements and specify areas of responsibility for the 1,549
enforcement of support among the agency, courts, and officials. 1,550
The agreements shall provide for the reimbursement of the courts 1,551
and law enforcement officials for the responsibilities they 1,552
assume and actions they undertake pursuant to such agreements. 1,553
(F)(1) Every A child support enforcement agency shall 1,555
maintain records listing the date a support order was entered, 1,556
the amount of any payment made under it, the date on which 1,557
payments are required to be made, the names and addresses of the 1,558
parties affected by the order, and the current records of 1,559
payments and disbursements OF SUPPORT ORDERS BEING ADMINISTERED 1,560
OR OTHERWISE HANDLED BY THE AGENCY PURSUANT TO SECTION 5101.319 1,561
OF THE REVISED CODE.
(2) Each obligor and each obligee under a support order 1,563
may review all records maintained under division (F)(1) of this 1,565
section that pertain to the support order and any other
information in any file maintained by the child support 1,566
enforcement agency, except to the extent prohibited by state or 1,567
federal law. 1,568
(G)(1) If a A court or administrative agency THAT issues 1,570
or modifies a support order on or after October 5, 1987, 1,572
regardless of when the modified support order was issued, the 1,573
child support enforcement agency of the county shall collect 1,574
IMPOSE A PROCESSING CHARGE THAT IS the greater of two per cent of 1,576
the support payment to be collected under a support order or one 1,577
dollar per month from ON the obligor under the support order. 1,579
The child support enforcement agency and the court shall enter 1,580
into an agreement that provides for the application by December 1,581
31, 1988, of that amount to all support orders issued prior to 1,582
October 5, 1987, unless the date for the application of that 1,583
38
amount to those orders is extended by mutual agreement between 1,584
the child support enforcement agency and the court. The obligor 1,585
shall pay the amount with every current support payment, and with 1,586
every payment on arrearages. If an obligor fails to pay the 1,587
required amount with each support payment due in increments
specified under the support order, the child support enforcement 1,588
agency shall maintain a separate arrearage account of that amount 1,589
for that obligor. The agency shall not deduct the unpaid amount 1,590
from any support payment due to the obligee in increments 1,591
specified under the support order. If an obligor pays the 1,592
required amount, the child support enforcement agency is not 1,593
required to apply that payment toward any arrearages under the 1,594
support payment. No moneys received by a child support 1,595
enforcement agency pursuant to this division shall be used for 1,596
any purpose other than the provision of funds for the 1,597
administration of its program of support enforcement NO COURT OR 1,598
AGENCY MAY CALL THE CHARGE A POUNDAGE FEE. 1,599
(2) The board of county commissioners of each county shall 1,601
budget and appropriate to the child support enforcement agency 1,602
serving the county all of the following: 1,603
(a) Money collected pursuant to division (G)(1) of this 1,605
section; 1,606
(b) All federal money payable to the county CHILD SUPPORT 1,608
ENFORCEMENT AGENCY on the basis of its success in collecting 1,610
overdue support obligations, establishing paternity, and 1,611
implementing other activities related to child support 1,612
enforcement under Title IV-D of the Social Security Act; 1,613
(c)(b) Any funds that may be received from other federal 1,615
or state sources for the child support enforcement agency; 1,616
(d) Notwithstanding any provision of the Revised Code that 1,618
provides otherwise, all interest earned on moneys in the child 1,619
support enforcement agency's depository accounts. 1,620
(3) All moneys received from the federal or state 1,622
government for reimbursement for support enforcement activities 1,623
39
shall be used solely for support enforcement activities. 1,624
(4) A board of county commissioners may request that the 1,626
department of human services grant a waiver of the requirement 1,627
that the money specified in division (G)(2)(b)(a) of this section 1,629
be budgeted and appropriated to the child support enforcement 1,630
agency if the board can demonstrate, by meeting criteria 1,631
established by the department, that the child support enforcement 1,632
agency is effectively using procedures for establishing 1,633
paternity, meeting the mandated service needs of clients, and 1,634
complying with all applicable state and federal support rules and 1,635
regulations.
(H)(5) A child support enforcement agency may invest any 1,637
of the moneys collected pursuant to the performance of its duties 1,638
under sections 2301.34 to 2301.42 2301.46 of the Revised Code in 1,640
a repurchase agreement in which a bank agrees to sell short-term 1,641
federally guaranteed securities with an obligation of the bank to 1,642
repurchase the securities. All interest derived pursuant to 1,643
investments made under this division shall be retained by the 1,644
child support enforcement agency and used solely for support 1,645
enforcement activities. 1,646
(H)(1) NOTWITHSTANDING ANY OTHER SECTION OF THE REVISED 1,650
CODE AND EXCEPT AS PROVIDED IN DIVISION (H)(4) OF THIS SECTION, A 1,651
CHILD SUPPORT ENFORCEMENT AGENCY SHALL COLLECT AND DISBURSE ALL
SUPPORT AMOUNTS UNDER A SUPPORT ORDER IT IS ADMINISTERING 1,653
PURSUANT TO LAW AS IT EXISTED PRIOR TO THE EFFECTIVE DATE OF THIS 1,655
AMENDMENT AND SHALL COLLECT THE ADDITIONAL AMOUNT IMPOSED UNDER 1,656
DIVISION (G)(1) OF THIS SECTION AS IT EXISTED PRIOR TO THE 1,658
EFFECTIVE DATE OF THIS AMENDMENT UNTIL THE SUPPORT ORDER IS 1,659
CONVERTED TO THE AUTOMATED DATA PROCESSING SYSTEM UNDER SECTION 1,660
5101.322 OF THE REVISED CODE AND THE DIVISION OF CHILD SUPPORT IN 1,662
THE DEPARTMENT OF HUMAN SERVICES AUTHORIZES CENTRALIZED 1,663
COLLECTION AND DISBURSEMENT OF SUPPORT AMOUNTS UNDER THE SUPPORT 1,664
ORDER PURSUANT TO THE RULES ADOPTED UNDER DIVISION (F)(1) OF 1,665
SECTION 5101.325 OF THE REVISED CODE. ONCE THE SUPPORT ORDER IS 1,668
40
CONVERTED AND THE DIVISION GIVES THE AUTHORIZATION, THE SUPPORT 1,669
AMOUNTS AND THE ADDITIONAL AMOUNT SHALL BE COLLECTED, AND THE 1,670
SUPPORT AMOUNT SHALL BE DISBURSED, UNDER THE SUPPORT ORDER 1,671
ACCORDING TO THE PROVISIONS OF HOUSE BILL NO. 352 OF THE 122nd 1,672
GENERAL ASSEMBLY.
(2) NOTWITHSTANDING ANY OTHER SECTION OF THE REVISED CODE 1,675
AND EXCEPT AS PROVIDED IN DIVISION (H)(4) OF THIS SECTION, THE 1,676
AGENCY ADMINISTERING THE SUPPORT ORDER SHALL COLLECT THE AMOUNTS 1,677
PERMITTED TO BE COLLECTED, AND PERFORM OTHER DUTIES REQUIRED, 1,678
WITH RESPECT TO THE SUPPORT ORDER PURSUANT TO DIVISION (D)(1) OF 1,679
SECTION 2301.373, DIVISION (B)(3)(a) OF SECTION 2301.374, 1,681
DIVISIONS (E)(4)(b), (F), AND (I) OF SECTION 3111.23, DIVISION 1,683
(E) OF SECTION 3111.99, DIVISIONS (G)(4)(b), (H)(3), AND (K) OF 1,685
SECTION 3113.21, DIVISION (B) OF SECTION 3113.212, DIVISION (E) 1,687
OF SECTION 3113.99, AND DIVISION (A)(3) OF SECTION 5101.323 OF 1,689
THE REVISED CODE AS THOSE SECTIONS EXISTED PRIOR TO THE EFFECTIVE 1,691
DATE OF THIS AMENDMENT, AND THE AGENCY SHALL COLLECT THE AMOUNTS 1,692
PERMITTED TO BE COLLECTED BY THE DIVISION, AND PERFORM OTHER 1,693
DUTIES REQUIRED OF THE DIVISION, WITH RESPECT TO THE SUPPORT 1,694
ORDER PURSUANT TO DIVISION (D)(1)(a) OF SECTION 2301.375 AND 1,695
DIVISION (D)(2) OF SECTION 2301.43 OF THE REVISED CODE AS THOSE 1,698
SECTIONS ARE ENACTED BY HOUSE BILL NO. 352 OF THE 122nd GENERAL 1,700
ASSEMBLY, UNTIL THE SUPPORT ORDER IS CONVERTED AND AUTHORIZATION 1,701
FOR CENTRALIZED COLLECTION AND DISBURSEMENT IS GIVEN. ONCE THE 1,702
SUPPORT ORDER IS CONVERTED AND THE AUTHORIZATION IS GIVEN, THE 1,703
AMOUNTS SHALL BE COLLECTED, AND THE DUTIES SHALL BE PERFORMED, BY 1,705
THE DIVISION ACCORDING TO THE PROVISIONS OF HOUSE BILL NO. 352 OF 1,706
THE 122nd GENERAL ASSEMBLY. 1,707
(3) ALL SUPPORT ORDERS SHALL BE CONVERTED AND ALL 1,709
AUTHORIZATIONS SHALL BE GIVEN BY THE DIVISION PRIOR TO JULY 1, 1,710
1999.
(4)(a) AFTER CONVERSION OCCURS AND AUTHORIZATION FOR 1,713
CENTRALIZED COLLECTION AND DISBURSEMENT IS GRANTED PURSUANT TO 1,714
THIS SECTION, A CHILD SUPPORT ENFORCEMENT AGENCY MAY CONTINUE TO 1,715
41
COLLECT THE FOLLOWING AMOUNTS FROM OBLIGORS WHO PAY THE AMOUNTS 1,716
IN PERSON AT THE OFFICE OF THE AGENCY:
(i) CURRENT SUPPORT AMOUNTS AND ARREARAGES DUE UNDER A 1,719
SUPPORT ORDER BEING ADMINISTERED BY THE AGENCY AND THE ADDITIONAL 1,720
AMOUNT IMPOSED PURSUANT TO DIVISION (G)(1) OF THIS SECTION WITH 1,721
RESPECT TO THE ORDER; 1,722
(ii) AMOUNTS COLLECTED PURSUANT TO DIVISION (D)(1) OF 1,725
SECTION 2301.373, DIVISIONS (B)(3)(a) AND (C)(3)(a) OF SECTION 1,727
2301.374, SECTION 2301.375, DIVISION (D)(2) OF SECTION 2301.43, 1,729
DIVISION (E) OF SECTION 3111.99, DIVISION (E) OF SECTION 3113.99, 1,732
AND DIVISION (A)(3) OF SECTION 5101.323 OF THE REVISED CODE. 1,734
(b) ALL AMOUNTS COLLECTED PURSUANT TO DIVISION (H)(4)(a) 1,737
OF THIS SECTION SHALL BE FORWARDED TO THE DIVISION NO LATER THAN 1,738
ONE DAY AFTER RECEIPT OF THE AMOUNTS. 1,739
(5) AMOUNTS COLLECTED BY A COLLECTION AGENT THAT HAS A 1,741
CONTRACT WITH A CHILD SUPPORT ENFORCEMENT AGENCY PURSUANT TO 1,742
DIVISION (C) OF THIS SECTION SHALL BE PAID TO THE DIVISION. THE 1,744
AGENCY SHALL FORWARD ANY AMOUNTS COLLECTED PURSUANT TO SECTIONS 1,745
2301.38 AND 2301.45 OF THE REVISED CODE TO THE DIVISION NO LATER 1,746
THAN ONE DAY AFTER RECEIPT OF THOSE AMOUNTS.
(I)(1) Subject to division (I)(2) of this section, all 1,748
support orders that are administered by a child support 1,749
enforcement agency designated under this section and are eligible 1,750
for Title IV-D services shall be Title IV-D cases under Title 1,751
IV-D of the "Social Security Act." Subject to division (I)(2) of 1,752
this section, all obligees of support orders administered by the 1,753
child support enforcement agency shall be considered to have 1,754
filed a signed application for Title IV-D services. 1,755
(2) A court that, on or after July 1, 1990, issues or 1,757
modifies a support order shall require the obligee under the 1,758
order to sign, at the time of the issuance or modification of the 1,759
order, an application for Title IV-D services and to file, as 1,760
soon as possible, the signed application with the child support 1,761
enforcement agency that will administer the order. The 1,762
42
application shall be on a form prescribed by the department of 1,763
human services. A support order that is issued or modified on or 1,764
after July 1, 1990, that is administered by a child support 1,765
enforcement agency, and that is eligible for Title IV-D services 1,766
shall be a Title IV-D case under Title IV-D of the "Social 1,767
Security Act" only upon the filing of the signed application for 1,768
Title IV-D services. 1,769
(3) A child support enforcement agency shall make 1,771
available an application for Title IV-D services to all persons 1,772
requesting a child support enforcement agency's assistance in an 1,773
action under sections 3111.01 to 3111.19 of the Revised Code or 1,774
in an administrative proceeding brought under sections 3111.20 to 1,775
3111.29 of the Revised Code. 1,776
(J)(1) As used in this section, "current support payment" 1,778
means the amount of support due an obligee that an obligor is 1,779
required to pay in a particular payment for the current month as 1,780
specified in a support order. "Current support payment" does not 1,781
include payments on arrearages under the support order. 1,782
(2) As used in the Revised Code, "child support 1,784
enforcement agency" means the child support enforcement agency 1,785
designated under this section prior to the effective date of this 1,786
amendment or a private or government entity designated a child 1,787
support enforcement agency under section 307.981 of the Revised 1,788
Code on or after that date.
Sec. 2301.353. (A)(1)(a) Any consumer reporting agency 1,797
may contact any child support enforcement agency and request the 1,798
child support enforcement agency to provide to the consumer 1,799
reporting agency, in accordance with this section, information as 1,800
to all persons who have been found by a court to be in default 1,801
under a support order being administered or otherwise handled by 1,802
the child support enforcement agency. If a request of that 1,803
nature is received by a child support enforcement agency, if the 1,804
consumer reporting agency pays the requisite fee for the 1,805
requested information as prescribed pursuant to division (F) of 1,806
43
this section, and if, after complying with divisions (A)(2) and 1,807
(B) to (D) of this section, the child support enforcement agency 1,808
is required to provide the requested information with respect to 1,809
any obligor in default under a support order being administered 1,810
or otherwise handled by the child support enforcement agency, the 1,811
child support enforcement agency shall comply with the request of 1,812
the consumer reporting agency. 1,813
(b) After complying with divisions (A)(2) and (B) to (D) 1,815
of this section, any IF A COURT OR CHILD SUPPORT ENFORCEMENT 1,816
AGENCY MAKES A FINAL AND ENFORCEABLE DETERMINATION PURSUANT TO 1,817
DIVISION (B) OF SECTION 3113.21 OF THE REVISED CODE THAT AN 1,818
OBLIGOR IS IN DEFAULT UNDER A SUPPORT ORDER, THE child support 1,819
enforcement agency may ADMINISTERING THE SUPPORT ORDER SHALL 1,820
contact any AT LEAST ONE consumer reporting agency in the county 1,821
in which the child support enforcement agency is located, in any 1,824
other county of this state, or in another state and may provide 1,825
to the consumer reporting agency information as to persons who 1,826
have been found by a court to be in default under a support order 1,827
being administered or otherwise handled by the child support 1,828
enforcement agency. The administrative head of THE OBLIGOR'S 1,829
NAME, ADDRESS, AND SOCIAL SECURITY NUMBER OR OTHER IDENTIFICATION 1,830
NUMBER AND ANY OTHER IDENTIFYING INFORMATION CONCERNING THE 1,831
OBLIGOR the child support enforcement agency shall determine, in 1,832
his discretion and pursuant to division (A)(1)(b) of this 1,833
section, when any consumer reporting agency will be contacted 1,834
HAS. A child support enforcement agency shall not charge a 1,836
consumer reporting agency a fee for information provided by the 1,837
child support enforcement agency pursuant to division (A)(1)(b) 1,838
of this section.
(2) For purposes of this section, each child support 1,840
enforcement agency periodically shall review its records 1,841
maintained under section 2301.35 of the Revised Code to determine 1,842
whether an obligor under any support order being administered or 1,843
otherwise handled by the agency has been found by a court to be 1,844
44
in default under the support order. 1,845
(B) If a child support enforcement agency, upon conducting 1,847
a review of its records under division (A)(2) of this section, 1,848
determines that an obligor has been found by a court to be in 1,849
default under a support order being administered or otherwise 1,850
handled by it, the agency shall send written notice of its 1,851
determination and the possible consequences to the obligor, by 1,852
ordinary first class mail, at the most recent address it has for 1,853
the obligor. The notice may be incorporated in a notice of 1,854
default sent to the obligor pursuant to section 3113.21 of the 1,855
Revised Code or in a notice sent to the obligor pursuant to 1,856
section 5101.32 or 5101.321 of the Revised Code. The mailing of 1,857
the notice shall be evidenced by a certificate of mailing filed 1,858
with the clerk of the court. The notice shall indicate all of 1,859
the following: 1,860
(1) That the records of the child support enforcement 1,862
agency show that the obligor has been found by a court to be in 1,863
default under a support order; 1,864
(2) The amount of the arrearage allegedly resulting from 1,866
the default, as shown in the records; 1,867
(3) That, if he does not wish to contest the records, he 1,870
must pay the arrearage within fourteen days after his receipt of 1,871
the notice or either or both of the following may occur: 1,872
(a) The child support enforcement agency, in the 1,874
discretion of its administrative head, may contact one or more 1,875
consumer reporting agencies in the county in which the child 1,876
support enforcement agency is located, in another county of this 1,877
state, or in another state and inform those agencies that the 1,878
obligor has been found by a court to be in default under a 1,879
support order being administered or otherwise handled by the 1,880
child support enforcement agency. 1,881
(b) The child support enforcement agency will inform each 1,883
consumer reporting agency that requests the information that the 1,884
obligor has been found by a court to be in default under a 1,885
45
support order being administered or otherwise handled by the 1,886
child support enforcement agency. 1,887
(4) That, if he believes the records are erroneous, he may 1,891
file, within ten days after his receipt of the notice, a written 1,892
request with the child support enforcement agency for a hearing 1,893
to contest the records;
(5) That, if he requests a hearing within the specified 1,896
time period, a hearing will be conducted, and, if he proves to 1,897
the child support enforcement agency at the hearing that the 1,898
amount of arrearage indicated is incorrect or that he actually is 1,900
not in default under the support order, the agency will modify 1,901
its records accordingly; 1,902
(6) That, if he does not timely request a hearing or 1,905
timely pay the amount of the arrearage or if he timely requests a 1,907
hearing but the child support enforcement agency determines at 1,908
the hearing that the obligor has been found by a court to be in 1,909
default under a support order and that he is in default under the 1,911
order, either or both of the following may occur: 1,912
(a) The child support enforcement agency, in the 1,914
discretion of its administrative head, may contact one or more 1,915
consumer reporting agencies in the county in which the child 1,916
support enforcement agency is located, in another county of this 1,917
state, or in another state, inform those agencies that the 1,918
obligor has been found by a court to be in default under a 1,919
support order being administered or otherwise handled by the 1,920
child support enforcement agency, and indicate the amount of the 1,921
arrearage as of that time resulting from the default. 1,922
(b) The child support enforcement agency will inform each 1,924
consumer reporting agency that requests the information that he 1,925
has been found by a court to be in default under a support order 1,926
being administered or otherwise handled by the child support 1,927
enforcement agency and indicate to that consumer reporting agency 1,928
the amount of the arrearage as of that time resulting from the 1,929
default. 1,930
46
(C)(1) Upon receipt of a notice pursuant to division (B) 1,932
of this section, the obligor who is sent the notice, within ten 1,933
days after his receipt of the notice, may file a request for a 1,934
hearing to contest the accuracy of the records that are the 1,935
subject of the notice. The request shall be filed with the child 1,936
support enforcement agency that sent the notice to him and shall 1,937
be made on a form provided by that agency. 1,938
(2) If an obligor who is sent a written notice under 1,940
division (B) of this section requests a hearing pursuant to 1,941
division (C)(1) of this section within ten days after his receipt 1,942
of the notice, the child support enforcement agency shall 1,943
schedule a hearing within ten days after the request is made, 1,944
shall give notice of the date, time, and place of the hearing to 1,945
the obligor who made the request and to the obligee under the 1,946
order, and shall conduct the hearing accordingly. At the 1,947
hearing, the sole issues to be decided are whether a court 1,948
determined that the obligor is in default under the related 1,949
support order, whether the obligor who requested the hearing 1,950
actually is in default under the related support order and, if he 1,951
is in default, the amount of the arrearage resulting from the 1,952
default. Any interested party may present testimony and other 1,953
evidence that is relevant to the issues to be decided at the 1,954
hearing. 1,955
If the child support enforcement agency determines by a 1,957
preponderance of the evidence from the testimony and evidence 1,958
presented at the hearing that no court has determined that the 1,959
obligor is in default under the related support order or that the 1,960
obligor is not in default under the related support order, the 1,961
agency shall modify its records accordingly and shall not notify 1,962
pursuant to division (A)(1)(a) or (b) of this section any 1,963
consumer reporting agency of any default relative to that support 1,964
order. If the child support enforcement agency determines at the 1,965
hearing that a court has determined that the obligor is in 1,966
default under the related support order and that the obligor 1,967
47
actually is in default under the related support order, it shall 1,968
issue a written statement that the obligor has been found by a 1,969
court to be in default under a support order and of the amount of 1,970
the arrearage as of that time. The child support enforcement 1,971
agency shall give each consumer reporting agency that requested 1,972
information pursuant to division (A)(1)(a) of this section or 1,973
each consumer reporting agency selected by the administrative 1,974
head of the child support enforcement agency pursuant to division 1,975
(A)(1)(b) of this section a copy of the written statement or 1,976
provide the consumer reporting agency with the information 1,977
contained in the written statement. The child support 1,978
enforcement agency shall notify the obligor of the name, address, 1,979
and telephone number of each consumer reporting agency to which 1,980
it gives a copy of the written statement and of each consumer 1,981
reporting agency to which it provides the information contained 1,982
in the written statement. 1,983
(3) If an obligor who is sent a written notice under 1,985
division (B) of this section does not request a hearing within 1,986
ten days after his receipt of the notice but the obligor pays the 1,987
arrearage under the support order within fourteen days after his 1,988
receipt of the notice, the child support enforcement agency shall 1,989
modify its records accordingly and shall not notify pursuant to 1,990
division (A)(1)(a) or (b) of this section any consumer reporting 1,991
agency of any default relative to that order. 1,992
(4)(B) If a child support enforcement agency gives 1,994
CONTACTS a consumer reporting agency a copy of a written 1,996
statement that an obligor has been found by a court to be in 1,997
default under a support order or gives the consumer reporting 1,998
agency the information contained in the written statement 1,999
PURSUANT TO DIVISION (A) OF THIS SECTION and if that THE obligor 2,000
pays the entire arrearage under the support order that is the 2,001
subject of the statement BASIS FOR THE DETERMINATION OF DEFAULT, 2,002
both of the following apply: 2,003
(a)(1) The obligor may give each consumer reporting agency 2,005
48
that received a copy of the written statement or the information 2,006
contained in the written statement CONTACTED a written notice 2,007
that the arrearage specified in the statement has been paid in 2,009
full and may request the child support enforcement agency to give 2,010
each consumer reporting agency that received the written 2,011
statement or information WAS CONTACTED A written confirmation 2,012
that the arrearage specified in the statement has been paid in 2,014
full. The consumer reporting agency shall not record the full 2,015
payment of the obligor's arrearage until the child support 2,016
enforcement agency confirms the payment. 2,017
(b)(2) If the obligor requests the child support 2,019
enforcement agency to confirm that the arrearage has been paid in 2,020
full, the child support enforcement agency shall give each 2,021
consumer reporting agency to which the child support enforcement 2,022
agency gave the written statement or the information CONTACTED 2,023
written confirmation that the arrearage that was the subject of 2,024
the statement has been paid in full. 2,025
(D) If an obligor who is sent a written notice under 2,027
division (B) of this section does not request a hearing within 2,028
ten days after his receipt of the notice and does not timely pay 2,029
the arrearage, the child support enforcement agency shall not 2,030
conduct a hearing on the matter, and either or both of the 2,031
following apply: 2,032
(1) The child support enforcement agency, in the 2,034
discretion of its administrative head, may contact one or more 2,035
consumer reporting agencies in the county in which the child 2,036
support enforcement agency is located, in another county of this 2,037
state, or in another state and give those agencies one of the 2,038
following: 2,039
(a) A written statement that its records indicate that the 2,041
obligor has been found by a court to be in default under a 2,042
support order being administered or otherwise handled by the 2,043
child support enforcement agency and of the amount of the 2,044
arrearage resulting from the default as indicated in the records; 2,045
49
(b) The information that would be included in a written 2,047
statement described in division (D)(1)(a) of this section. 2,048
(2) The child support enforcement agency shall give each 2,050
consumer reporting agency that requests the information a written 2,051
statement as described in division (D)(1)(a) of this section or 2,052
information as described in division (D)(1)(b) of this section. 2,053
(E) A notification to a consumer reporting agency under 2,055
division (C) or (D) of this section shall include the obligor's 2,056
name, address, and social security number or other identification 2,057
number and any other identifying information concerning the 2,058
obligor that is known by the child support enforcement agency. 2,059
(F) The administrative head of each child support 2,061
enforcement agency, by rule, may prescribe a reasonable fee that 2,062
a consumer reporting agency, except as otherwise provided in this 2,063
division, shall pay upon the making of a request for information 2,064
pursuant to division (A)(1)(a) of this section. The fee 2,065
prescribed under this division shall not exceed the average 2,066
actual cost experienced by the child support enforcement agency 2,067
in performing the duties imposed upon it by this section in 2,068
connection with consumer reporting agencies that make requests 2,069
for information pursuant to division (A)(1)(a) of this section. 2,070
A child support enforcement agency may charge the fee only when a 2,071
consumer reporting agency has made a request for information 2,072
pursuant to division (A)(1)(a) of this section, the child support 2,073
enforcement agency is required to provide a notice to the obligor 2,074
pursuant to division (B) of this section, and the notice is not 2,075
incorporated in a notice sent to the obligor pursuant to section 2,076
3113.21, 5101.32, or 5101.321 of the Revised Code. 2,077
(G)(C) As used in this section, "consumer reporting 2,079
agency" has the same meaning as in section 5101.311 of the 2,080
Revised Code.
Sec. 2301.355. A CHILD SUPPORT ENFORCEMENT AGENCY MAY 2,091
ESTABLISH A PROGRAM TO INCREASE CHILD SUPPORT COLLECTIONS BY 2,092
PUBLISHING AND DISTRIBUTING A SERIES OF POSTERS DISPLAYING CHILD 2,093
50
SUPPORT OBLIGORS WHO ARE DELINQUENT IN THEIR SUPPORT PAYMENTS. 2,094
EACH POSTER SHALL DISPLAY PHOTOGRAPHS OF, AND INFORMATION ABOUT, 2,095
TEN OBLIGORS WHO ARE LIABLE FOR SUPPORT ARREARAGES AND WHOSE 2,096
WHEREABOUTS ARE UNKNOWN TO THE AGENCY. EACH POSTER SHALL LIST A 2,097
TOLL-FREE TELEPHONE NUMBER THAT MAY BE CALLED TO REPORT 2,098
INFORMATION REGARDING THE WHEREABOUTS OF ANY OF THE OBLIGORS 2,099
DISPLAYED ON THE POSTER. THE AGENCY MAY INCLUDE ANY OTHER 2,100
INFORMATION ON THE POSTER THAT IT CONSIDERS APPROPRIATE. 2,101
THE AGENCY SHALL SELECT OBLIGORS FOR INCLUSION ON A POSTER 2,103
FROM OBLIGORS THAT MEET THE CRITERIA IN DIVISION (B) OF SECTION 2,104
5101.323 OF THE REVISED CODE. THE AGENCY SHALL SEND NOTICE TO 2,106
EACH OBLIGOR WHOSE NAME IS BEING CONSIDERED FOR DISPLAY ON A 2,107
POSTER. THE NOTICE SHALL BE SENT BY REGULAR MAIL TO THE 2,108
OBLIGOR'S LAST KNOWN ADDRESS AND SHALL INCLUDE THE INFORMATION 2,109
SPECIFIED IN DIVISION (A)(3) OF SECTION 5101.323 OF THE REVISED 2,112
CODE.
Sec. 2301.356. If a child support enforcement agency is 2,121
made a party to an action brought to establish a parent and child 2,122
relationship under sections 3111.01 to 3111.19 of the Revised 2,123
Code and if the court orders the parties to the action to submit 2,124
to genetic testing or if the natural mother and alleged natural 2,125
father voluntarily agree to be bound by THE AGENCY ORDERS THE 2,126
PARTIES TO SUBMIT TO genetic testing under sections 3111.21 2,127
3111.22 to 3111.29 of the Revised Code, the agency shall provide 2,129
for collection of samples and performance of genetic testing in 2,130
accordance with generally accepted medical techniques. If a 2,131
court ordered the genetic testing, the agency shall inform the 2,132
court of the procedures for collecting the samples and performing 2,133
the genetic tests, in accordance with the rules governing on-site 2,134
genetic testing adopted by the department of human services 2,135
pursuant to section 2301.35 of the Revised Code. 2,136
Sec. 2301.357. (A) Each child support enforcement agency 2,145
shall adopt a paternity compliance plan, establish a paternity 2,146
compliance unit, and submit the adopted plan to the division of 2,147
51
support of the department of human services in accordance with 2,148
the rules adopted pursuant to section 5101.324 of the Revised 2,149
Code, except that, if a child support enforcement agency 2,150
submitted a corrective action plan to the department pursuant to 2,151
division (B)(1) of section 5101.24 of the Revised Code and if 2,153
that plan is currently in effect, the agency is not required to 2,154
comply with this division. 2,155
(B) The department of human services shall enter into a 2,157
contract with the department of health that requires the 2,158
department of health to enter into a contract with local 2,159
hospitals for the provision of staff by the hospitals to meet 2,160
with unmarried women who give birth in or en route to the 2,161
particular hospital. The contract between the department of 2,162
human services and the department of health shall provide for 2,163
reimbursement to the hospitals for the administrative cost of 2,164
providing staff to meet the responsibilities set forth in section 2,165
3727.17 of the Revised Code. The contract between the department 2,166
of health and a local hospital shall require all of the 2,167
following: 2,168
(1) That a THE hospital PROVIDE A staff person TO meet 2,171
with each unmarried mother who gave birth in or en route to the 2,172
hospital within twenty-four hours of the birth or before the 2,173
mother is released from the hospital; 2,174
(2) That the staff person attempt to meet with the father 2,176
of the unmarried mother's child if possible; 2,177
(3) That the staff person explain to the unmarried mother 2,179
and the father, if he is present, the benefit to the child of 2,180
establishing a parent and child relationship between the father 2,181
and the child and the various proper procedures for establishing 2,182
a parent and child relationship; 2,183
(4) That the staff person present to the unmarried mother 2,185
and, if possible, the father a THE pamphlet or statement 2,186
regarding the rights and responsibilities of a natural parent 2,188
that is prepared and provided by the department of human services 2,189
52
PURSUANT TO SECTION 5101.324 OF THE REVISED CODE; 2,190
(5) That the staff person provide the mother and, if 2,192
possible, the father, all forms, AND statements, and agreements 2,194
necessary to voluntarily establish a parent and child 2,195
relationship, including, but not limited to, the acknowledgment 2,196
of paternity AFFIDAVIT PREPARED BY THE DEPARTMENT OF HUMAN 2,197
SERVICES PURSUANT TO SECTION 5101.324 OF THE REVISED CODE AND 2,198
required by section 2105.18 5101.314 of the Revised Code and the 2,200
voluntary agreement to be bound by the results of genetic testing 2,201
described in section 3111.21 of the Revised Code;
(6) That the staff person, at the request of both the 2,203
mother and father, help the mother and father complete any form, 2,204
OR statement, or agreement necessary to establish a parent and 2,206
child relationship; 2,207
(7) THAT THE HOSPITAL PROVIDE A NOTARY PUBLIC TO NOTARIZE 2,209
AN ACKNOWLEDGMENT OF PATERNITY AFFIDAVIT SIGNED BY THE MOTHER AND 2,210
FATHER; 2,211
(8) That the staff person present to an unmarried mother 2,213
who is not participating in the Ohio works first program 2,214
established under Chapter 5107. or receiving medical assistance 2,215
under Chapter 5111. of the Revised Code an application for Title 2,217
IV-D services;
(8)(9) That the staff person forward any completed 2,219
acknowledgment of paternity, NO LATER THAN TEN DAYS AFTER IT IS 2,220
COMPLETED, to the probate court in the county in which the child 2,222
or the guardian or legal custodian of the child resides DIVISION 2,223
OF CHILD SUPPORT IN THE DEPARTMENT OF HUMAN SERVICES;
(10) THAT THE DEPARTMENT OF HUMAN SERVICES PAY THE 2,225
HOSPITAL TWENTY DOLLARS FOR EVERY CORRECTLY SIGNED AND NOTARIZED 2,226
ACKNOWLEDGMENT OF PATERNITY AFFIDAVIT FROM THE HOSPITAL. 2,227
ON OR BEFORE APRIL 1, 1998, EACH HOSPITAL SHALL ENTER INTO 2,230
A CONTRACT WITH THE DEPARTMENT OF HUMAN SERVICES PURSUANT TO THIS 2,231
SECTION REGARDING THE DUTIES IMPOSED BY THIS SECTION AND SECTION 2,232
3727.17 OF THE REVISED CODE CONCERNING PATERNITY ESTABLISHMENT. 2,234
53
A HOSPITAL THAT FAILS TO ENTER INTO A CONTRACT SHALL NOT RECEIVE 2,235
THE FEE FROM THE DEPARTMENT FOR CORRECTLY SIGNED AND NOTARIZED 2,236
AFFIDAVITS SUBMITTED BY THE HOSPITAL. 2,237
(C) NOT LATER THAN JULY 1, 1998, AND THE FIRST DAY OF EACH 2,241
JULY THEREAFTER, THE DEPARTMENT OF HUMAN SERVICES SHALL COMPLETE 2,242
A REPORT ON THE HOSPITALS THAT HAVE NOT ENTERED INTO CONTRACTS 2,243
DESCRIBED IN THIS SECTION. THE DEPARTMENT SHALL SUBMIT THE 2,244
REPORT TO THE CHAIRPERSON AND RANKING MINORITY MEMBER OF THE 2,245
COMMITTEES OF THE HOUSE OF REPRESENTATIVES AND SENATE WITH 2,246
PRIMARY RESPONSIBILITY FOR ISSUES CONCERNING PATERNITY 2,247
ESTABLISHMENT.
(D) IF THE HOSPITAL KNOWS OR DETERMINES THAT A MAN IS 2,249
PRESUMED UNDER SECTION 3111.03 OF THE REVISED CODE TO BE THE 2,251
FATHER OF THE CHILD DESCRIBED IN THIS SECTION, THE HOSPITAL SHALL 2,252
TAKE NO FURTHER ACTION WITH REGARD TO AN ACKNOWLEDGMENT AND SHALL 2,253
NOT SEND AN ACKNOWLEDGMENT TO THE DIVISION. 2,254
Sec. 2301.358. (A) A child support enforcement agency, in 2,263
accordance with the rules adopted by the department of human 2,264
services pursuant to division (B) of this section, shall employ 2,265
an administrative officer, contract with another entity to 2,266
provide an administrative officer, or contract with an individual 2,267
to serve as an administrative officer to issue, in accordance 2,268
with sections 3111.21 3111.22 to 3111.29 and 3113.215 of the 2,269
Revised Code, administrative orders determining the existence or 2,271
nonexistence of a parent and child relationship and requiring the 2,272
payment of child support, or in accordance with sections 3111.20, 2,273
3111.23 to 3111.29, and 3113.215 of the Revised Code, 2,274
administrative orders requiring the payment of child support. 2,276
(B) The department of human services shall adopt rules in 2,278
accordance with Chapter 119. of the Revised Code regulating 2,279
administrative officers who issue administrative orders described 2,281
in division (A) of this section, including, but not limited to: 2,283
(1) The qualifications of the administrative officer; 2,285
(2) Any other procedures, requirements, or standards 2,287
54
necessary for the employment of the administrative officer. 2,288
Sec. 2301.36. (A) Upon issuing or modifying a support 2,297
order, issuing any withholding or deduction notice described in 2,298
division (D) of section 3113.21 of the Revised Code, or issuing a 2,299
court order described in division (D)(6)(3) or (7)(4) of that 2,301
section, the court shall require that support payments be made to 2,302
the DIVISION OF child support enforcement agency of the county IN 2,303
THE DEPARTMENT OF HUMAN SERVICES as trustee for remittance to the 2,305
person entitled to receive payments, except as otherwise provided 2,306
in DIVISION (H) OF SECTION 2301.35 OR sections 2151.49 and 2,307
3113.07 of the Revised Code. Any payment of money by the person 2,308
responsible for the support payments under a support order to the 2,309
person entitled to receive the support payments that is not made 2,310
to the child support enforcement agency DIVISION in accordance 2,311
with the applicable support order shall not be considered as a 2,313
payment of support and, unless the payment is made to discharge 2,314
an obligation other than support, shall be deemed to be a gift. 2,315
Section 329.043 and division DIVISION (C) of section 3113.211 AND 2,316
SECTION 5101.325 of the Revised Code apply to support payments 2,318
made to the child support enforcement agency DIVISION. 2,319
(B) Upon issuing or modifying WHEN a support order IS 2,321
ISSUED OR MODIFIED, issuing any A withholding or deduction notice 2,323
described in division (D) of section 3113.21 OR DIVISION (B) OF 2,324
SECTION 3111.23 of the Revised Code IS ISSUED, or issuing a court 2,325
AN order described in division (D)(6)(3) or (7)(4) of that 2,328
section 3113.21 OR SECTION 3111.231 OF THE REVISED CODE IS 2,329
ISSUED, or at any time after the issuance or modification of the 2,330
SUPPORT order IS ISSUED OR MODIFIED, the court may order the 2,333
child support enforcement agency DIVISION to, OR THE AGENCY MAY 2,334
ISSUE AN ORDER REQUIRING THE DIVISION TO, transmit the payments 2,336
or make them payable to any third person that is either agreed 2,337
upon by the parties and approved by the court or appointed by the 2,338
court, WITH RESPECT TO A COURT-ISSUED SUPPORT ORDER, OR IS EITHER 2,339
AGREED UPON BY THE PARTIES AND APPROVED BY THE AGENCY OR
55
APPOINTED BY THE AGENCY, WITH RESPECT TO AN ADMINISTRATIVE 2,340
SUPPORT ORDER. Third persons include, but are not limited to, a 2,341
trustee, a custodian, the guardian of the estate of the child, 2,342
the county department of human services, public children services 2,344
agency, or any appropriate social agency.
(C) Any person named pursuant to division (B) of this 2,346
section is entitled to receive the support payments. The court 2,347
may allow the person to receive a reasonable fee for services 2,348
rendered pursuant to this section. The person shall make 2,349
financial reports in connection with these services at the time 2,350
and in the manner prescribed by the court or as required by law. 2,351
(D) The parties affected by the support order shall inform 2,353
the child support enforcement agency of any change of name or 2,354
address or other change of conditions that may affect the 2,355
administration of the order. 2,356
(E) Any person entitled to receive support payments either 2,358
personally or on behalf of another person, by reason of any 2,359
support order that does not direct that payments be made to the 2,360
child support enforcement agency DIVISION, may apply to the 2,361
appropriate agency for the administration of the order. Upon 2,363
receipt of the application, the agency has the same powers to 2,364
administer the order as it would have had if the order had been 2,365
entered under division (A) of this section. The agency shall 2,366
notify the obligor by any method of service authorized under the 2,367
Civil Rules to make all support payments due after service of the 2,368
notice upon the obligor to the agency DIVISION. An obligor so 2,370
notified by a child support enforcement shall make all subsequent 2,371
payments to the agency DIVISION unless the involved court, upon 2,372
the obligor's application filed within thirty days after service 2,374
of the notice upon the obligor, orders the CHILD SUPPORT 2,376
ENFORCEMENT agency not to administer the support order. 2,377
Sec. 2301.37. (A) If the records maintained by a child 2,386
support enforcement agency indicate that an obligor is in 2,388
default, the agency shall comply with section 3113.21 of the 2,389
56
Revised Code.
(B) If the court is required to issue a withholding or 2,391
deduction notice under division (D) of section 3113.21 of the 2,392
Revised Code or to issue a court order described in division 2,394
(D)(6)(3) or (7)(4) of that section and fails to do so, if the 2,395
court issued an order under division (B)(1) of section 3113.21 of 2,396
the Revised Code, as it existed immediately preceding December 1, 2,397
1986, or issues a withholding or deduction notice under division 2,398
(D) of section 3113.21 of the Revised Code or issues a court 2,399
order described in division (D)(6)(3) or (7)(4) of that section 2,401
and the court determines that the order, withholding or deduction 2,402
notice will not ensure payment of the support due under the child 2,403
support order, or if the obligor fails after the issuance of a 2,404
notice or court order under section 3113.21 of the Revised Code 2,405
to comply with the notice or court order, the court shall notify 2,406
the child support enforcement agency, and the agency shall notify 2,407
the obligee of the default, of the obligee's rights and remedies, 2,408
and that the child support enforcement agency is the agency 2,409
responsible in the county for enforcing support orders under 2,411
section 2301.35 of the Revised Code, Title IV-D of the "Social 2,412
Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended, 2,413
and section 5101.31 of the Revised Code. The notice shall 2,414
contain a printed explanation of the provisions of sections 2,415
2301.37 to 2301.40 and 3113.21 of the Revised Code.
(C) No child support enforcement agency, solely because 2,417
the support due under a support order has not been paid or has 2,418
not been paid periodically or recently, shall consider, list, or 2,419
otherwise administer the support order or the case pertaining to 2,420
it as if either were closed or close the files or the case 2,421
pertaining to the support order. The department of human 2,422
services shall adopt, revise, or amend rules under Chapter 119. 2,423
of the Revised Code to assist in the implementation of this 2,424
division. 2,425
Sec. 2301.371. (A) If a child support enforcement agency 2,434
57
discovers pursuant to an investigation conducted under section 2,435
2301.37 of the Revised Code that an obligor under a child support 2,436
order that it is administering may be receiving unemployment 2,437
compensation benefits or if a child support enforcement agency 2,438
receives notice or otherwise discovers that an obligor under a 2,439
child support order may be receiving unemployment compensation 2,440
benefits, the agency promptly shall conduct an investigation to 2,441
determine whether the obligor is receiving unemployment 2,442
compensation benefits and to determine the amount of the 2,443
benefits. The investigation shall be completed within ten days 2,444
of the agency's discovery or receipt of the notice. 2,445
(B) Upon completion of an investigation conducted under 2,447
division (A) of this section, the agency immediately shall file 2,448
its findings with the appropriate court, and, if its findings 2,449
indicate THE AGENCY FINDS that the obligor is receiving 2,450
unemployment compensation benefits, it shall prepare a proposed 2,452
order to, IN ACCORDANCE WITH SECTIONS 3111.20 TO 3111.28 AND 2,453
3113.21 TO 3113.219 OF THE REVISED CODE, DIVISION (D)(4) OF 2,455
SECTION 4141.28 OF THE REVISED CODE, AND FEDERAL LAW GOVERNING
THE BUREAU OF EMPLOYMENT SERVICES, NOTIFY THE BUREAU OF 2,456
EMPLOYMENT SERVICES TO WITHHOLD OR deduct an amount from the 2,458
unemployment compensation benefits for purposes of TO PAY child 2,459
support OBLIGATIONS. The agency shall file a copy of the 2,460
proposed deduction order with the appropriate court, immediately 2,461
shall send a copy of its findings and a copy of the proposed 2,462
order to the obligee under the child support order, and 2,463
immediately shall send all of the following to the obligor under 2,464
the child support order:
(1) A copy of its findings; 2,466
(2) A copy of the proposed order to deduct an amount from 2,468
the unemployment compensation benefits of the obligor for 2,469
purposes of child support, together with a copy of the guideline 2,470
worksheets used in preparing the proposed order; 2,471
(3) A notice that contains the date on which the notice is 2,473
58
sent and contains a statement that the amount to be deducted 2,474
under the proposed order does not exceed the amount permitted to 2,475
be deducted under section 303(b) of the "Consumer Credit 2,476
Protection Act," 15 U.S.C. 1673(b); 2,477
(4) A conspicuous notice that the obligor may contest the 2,479
entering of an order to deduct an amount from the obligor's 2,480
unemployment compensation benefits for purposes of child support 2,481
by filing with the agency, within ten days after the date on 2,482
which the notice was sent to the obligor under division (B)(3) of 2,483
this section as indicated in that notice, a written request that 2,484
the agency hold an administrative hearing to determine whether, 2,485
because of a mistake in fact, the entering of the order to deduct 2,486
an amount from the unemployment compensation benefits of the 2,487
obligor for purposes of child support would not be proper; 2,488
(5) A notice that, if the obligor does not timely request 2,490
a hearing in accordance with the provisions of division (B)(4) of 2,491
this section and if the court concurs with the findings of fact 2,492
of the agency, an order for the deduction of an amount from the 2,493
obligor's unemployment compensation benefits for purposes of 2,494
child support that is the same as the proposed order to deduct an 2,495
amount from the unemployment compensation benefits for that 2,496
purpose will be issued and that the amount stated in the order 2,497
will be deducted from the unemployment compensation benefits of 2,498
the obligor for purposes of child support. 2,499
(C)(1) Upon receipt of a notice under division (B) of this 2,501
section, an obligor, within ten days after the date on which the 2,502
notice was sent to him, may file with the child support 2,503
enforcement agency that sent the notice a written request that 2,504
the agency hold an administrative hearing to determine whether, 2,505
because of a mistake in fact, the entering of an order to deduct 2,506
an amount from the unemployment compensation benefits of the 2,507
obligor for purposes of child support would not be proper. 2,508
(2) If an obligor who is sent a notice under division (B) 2,510
of this section does not timely file a written request for a 2,511
59
hearing in accordance with division (C)(1) of this section, the 2,512
child support enforcement agency immediately shall notify the 2,513
court to which it sent its findings of fact and the proposed 2,514
deduction order that no request for a hearing was timely filed. 2,515
Upon receipt of the notice, if the court concurs in the findings 2,516
of fact of the agency, it immediately shall issue an order for 2,517
the deduction of an amount from the obligor's unemployment 2,518
compensation benefits for purposes of child support that 2,519
corresponds to the proposed deduction order sent to it by the 2,520
agency. 2,521
(3) If an obligor who is sent a notice under division (B) 2,523
of this section timely files a written request for a hearing in 2,524
accordance with division (C)(1) of this section, the child 2,525
support enforcement agency shall conduct an administrative 2,526
hearing in accordance with this division. Upon the timely filing 2,527
of the request, the agency immediately shall notify the court to 2,528
which it sent its findings of fact and the copy of the proposed 2,529
deduction order that the request was filed and shall conduct an 2,530
administrative hearing on the request as soon as possible, but no 2,531
later than ten days, after the request is filed. The hearing 2,532
shall be limited to a determination of whether, because of a 2,533
mistake in fact, the entering of an order to deduct an amount 2,534
from the unemployment compensation benefits of the obligor for 2,535
purposes of child support would not be proper. The obligor and 2,536
the obligee shall be sent written notice of the date, time, 2,537
place, and purpose of the hearing, no later than five days before 2,538
the date on which it is to be conducted, and the notice to the 2,539
obligor shall indicate that the obligor may present testimony and 2,540
evidence as to whether, because of a mistake in fact, the 2,541
entering of an order to deduct an amount from the unemployment 2,542
compensation benefits of the obligor for purposes of child 2,543
support would not be proper. 2,544
Upon completion of a hearing conducted under this division, 2,546
the agency shall notify the court and the obligor of its 2,547
60
determination. If the determination indicates that, because of a 2,548
mistake in fact, the entering of an order to deduct an amount 2,549
from the unemployment compensation benefits of the obligor would 2,550
not be proper, the court shall not issue an order requiring a 2,551
deduction of an amount from the unemployment compensation 2,552
benefits of the obligor. If the determination does not so 2,553
indicate, the determination also shall notify the obligor that, 2,554
within ten days after the date on which the determination is 2,555
issued, he may file a written request for a court hearing on the 2,556
determination. 2,557
(D)(1) Upon receipt of a determination under division 2,559
(C)(3) of this section that includes a notice informing him of 2,560
his right to receive a court hearing, an obligor, within ten days 2,561
after the date on which the determination was issued, may file 2,562
with the court a written request for a court hearing on the 2,563
determination. 2,564
(2) If an obligor who receives a determination under 2,566
division (C)(3) of this section that includes a notice informing 2,567
him of his right to receive a court hearing does not timely file 2,568
a written request for a court hearing on the determination, in 2,569
accordance with division (D)(1) of this section, the court, if it 2,570
concurs in the findings of fact and determination of the agency, 2,571
immediately shall issue an order for the deduction of an amount 2,572
from the obligor's unemployment compensation benefits for 2,573
purposes of child support that corresponds to the proposed 2,574
deduction order sent to it by the agency. 2,575
(3) If an obligor who receives a determination under 2,577
division (C)(3) of this section that includes a notice informing 2,578
him of his right to receive a court hearing timely files a 2,579
written request for a court hearing on the determination, in 2,580
accordance with division (D)(1) of this section, the court shall 2,581
hold a hearing on the request as soon as possible, but no later 2,582
than five days, after the request is filed. The hearing shall be 2,583
limited to a determination of whether, because of a mistake in 2,584
61
fact, the entering of an order to deduct an amount from the 2,585
unemployment compensation benefits of the obligor for purposes of 2,586
child support would not be proper and the amount to be deducted 2,587
from the benefits. 2,588
If, at the hearing, the court concurs with the findings of 2,590
fact and the determination sent to it by the child support 2,591
enforcement agency under division (B) of this section, the court 2,592
shall issue an order for the deduction of an amount from the 2,593
unemployment compensation benefits of the obligor for purposes of 2,594
child support that corresponds to the proposed deduction order 2,595
sent to it by the agency. 2,596
If, at the hearing, the court detects a mistake in fact in 2,598
the findings or determination sent to it by the agency, discovers 2,599
other irregularities in the findings or determination of the 2,600
agency, or determines that the findings or determination of the 2,601
agency are not sufficiently complete to enable the court to issue 2,602
an order, the court shall return the findings and determination 2,603
to the agency, notify the agency of the mistake in fact, 2,604
irregularities, or incompleteness, and order the agency to 2,605
correct the findings and determination and, as soon as possible, 2,606
return them as corrected, together with a new proposed order of 2,607
the type described in division (B) of this section, to the court. 2,608
Immediately upon the filing of the corrected findings and 2,609
determination and the new proposed order, the court shall issue 2,610
an order requiring the deduction of an amount from the 2,611
unemployment compensation benefits of the obligor for purposes of 2,612
child support, if it determines that the order is appropriate, or 2,613
shall decline to issue an order requiring the deduction of an 2,614
amount from the obligor's unemployment compensation benefits, if 2,615
it determines that its issuance would not be appropriate THE 2,617
AGENCY MAY NOT IMPOSE THE PROCESSING CHARGE PURSUANT TO DIVISION
(G)(1) OF SECTION 2301.35 OF THE REVISED CODE WITH RESPECT TO 2,618
AMOUNTS WITHHELD OR DEDUCTED FROM UNEMPLOYMENT COMPENSATION 2,619
PURSUANT TO THIS SECTION.
62
(C) THE DEPARTMENT OF HUMAN SERVICES SHALL ADOPT RULES IN 2,621
ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE TO IMPLEMENT 2,622
THIS SECTION, WHICH RULES SHALL BE CONSISTENT WITH DIVISION 2,623
(D)(4) OF SECTION 4141.28 OF THE REVISED CODE AND FEDERAL LAW 2,624
GOVERNING THE BUREAU OF EMPLOYMENT SERVICES.
Sec. 2301.373. (A)(1) As used in this section and in 2,633
section SECTIONS 2301.374 AND 2301.375 of the Revised Code, 2,636
"child support order" means any order issued for the support of a 2,637
child pursuant to Chapter 3115. or section 2151.23, 2151.231, 2,638
2151.232, 2151.36, 2151.49, 3105.21, 3109.05, 3111.13, 3111.20, 2,639
3111.21 3111.211, 3111.22, 3113.04, 3113.07, 3113.216, or 3113.31 2,640
of the Revised Code.
(2) As used in this section: 2,642
(a) "Board" means any entity that has the authority 2,644
pursuant to Title XLVII of the Revised Code to issue a license, 2,645
and any other agency of this state, other than the supreme court, 2,646
that has the authority to issue a license that authorizes an 2,647
individual to engage in an occupation or profession. "Board" 2,648
includes an administrative officer that has authority to issue a 2,649
license that authorizes an individual to engage in an occupation 2,650
or profession.
(b) "License" includes a license, certificate, permit, 2,652
registration, or other authorization to engage in an occupation 2,653
or profession. 2,654
(c) "OBLIGOR" MEANS AN INDIVIDUAL REQUIRED TO PAY SUPPORT 2,656
UNDER A CHILD SUPPORT ORDER. 2,657
(B)(1) If a court or child support enforcement agency 2,659
makes a final and enforceable determination pursuant to division 2,660
(B) of section 3113.21 of the Revised Code that an individual is 2,661
in default under a child support order, the agency administering 2,663
or handling the child support order may determine whether the 2,664
individual holds a license issued by a board to engage in an 2,665
occupation or profession or, if possible, whether the individual 2,667
has applied for, or is likely to apply for, such a license. If 2,669
63
the agency determines that the individual is a license holder,
has applied for, or is likely to apply for a license, it shall 2,670
send to the individual the notice specified in division (C) of 2,672
this section. The agency also may send a notice to the board 2,673
that gives the name and social security number or other 2,674
identifying number of the individual and states that a court or 2,675
agency has determined the individual to be in default under a 2,676
child support order. 2,677
(2) IF AN OBLIGOR FAILS, AFTER RECEIVING APPROPRIATE 2,680
NOTICE, TO COMPLY WITH A SUBPOENA OR WARRANT ISSUED BY THE COURT 2,681
OR A CHILD SUPPORT ENFORCEMENT AGENCY WITH RESPECT TO A 2,682
PROCEEDING TO ENFORCE A CHILD SUPPORT ORDER, THE AGENCY 2,683
ADMINISTERING OR HANDLING THE CHILD SUPPORT ORDER MAY DETERMINE 2,684
WHETHER THE OBLIGOR HOLDS A LICENSE OR, IF POSSIBLE, WHETHER THE 2,686
OBLIGOR HAS APPLIED FOR, OR IS LIKELY TO APPLY FOR, A LICENSE. 2,687
IF THE AGENCY DETERMINES THAT THE OBLIGOR IS A LICENSE HOLDER, 2,688
HAS APPLIED FOR, OR IS LIKELY TO APPLY FOR A LICENSE, IT SHALL 2,689
SEND THE OBLIGOR THE NOTICE SPECIFIED IN DIVISION (C) OF THIS 2,690
SECTION. THE AGENCY MAY ALSO SEND A NOTICE TO THE BOARD THAT 2,691
GIVES THE NAME AND SOCIAL SECURITY NUMBER OR OTHER IDENTIFYING 2,692
NUMBER OF THE OBLIGOR AND STATES THAT THE OBLIGOR HAS FAILED TO 2,693
COMPLY WITH A WARRANT OR SUBPOENA ISSUED BY A COURT OR CHILD 2,694
SUPPORT ENFORCEMENT AGENCY WITH RESPECT TO A PROCEEDING TO 2,695
ENFORCE A CHILD SUPPORT ORDER. 2,696
(C) Notice shall be sent to the individual described in 2,699
division (B) of this section by first class mail IN COMPLIANCE
WITH DIVISION (G)(1) OF SECTION 3113.21 OF THE REVISED CODE. The 2,700
notice shall specify that a court or agency has determined the 2,701
individual to be in default under a child support order OR THAT 2,702
THE INDIVIDUAL IS AN OBLIGOR WHO HAS FAILED TO COMPLY WITH A 2,703
SUBPOENA OR WARRANT ISSUED BY A COURT OR AGENCY WITH RESPECT TO A 2,704
PROCEEDING TO ENFORCE A CHILD SUPPORT ORDER, that a notice 2,705
containing the individual's name and social security number or 2,707
other identification number may be sent under division (B) of 2,708
64
this section to every board that has authority to issue or has 2,709
issued the individual a license, and that, if the board receives 2,710
that notice and determines that the individual is the individual 2,712
named in that notice and the board has not received notice under 2,713
division (D) of this section, all of the following will occur: 2,714
(1) The board will not issue any license to the individual 2,716
or renew any license of the individual; 2,717
(2) The board will suspend any license of the individual 2,719
if it determines that the individual is the individual named in 2,720
the notice sent to the board under division (B) of this section; 2,722
(3) If the individual is the individual named in the 2,724
notice, the board will not issue any license to the individual, 2,726
and will not reinstate a suspended license, until the board 2,727
receives a notice under division (D) of this section. 2,728
(D)(1) An agency that sent a notice to a board under 2,731
division (B)(1) of this section shall send to each board to which 2,732
it sent the notice a further notice that the individual is not in 2,733
default under a child support order if it determines that the 2,734
individual is not in default or any of the following occurs: 2,735
(1)(a) The individual makes full payment to the agency 2,737
DIVISION OF CHILD SUPPORT IN THE DEPARTMENT OF HUMAN SERVICES OR, 2,739
PURSUANT TO DIVISION (H)(4) OF SECTION 2301.35 OF THE REVISED 2,740
CODE, THE CHILD SUPPORT ENFORCEMENT AGENCY of the arrearage that 2,743
was the basis for the court or agency determination that the
individual was in default; 2,744
(2)(b) An appropriate withholding or deduction notice or 2,746
other appropriate order has been issued pursuant to section 2,748
3113.21 of the Revised Code to collect current support and any 2,749
arrearage due under the child support order that was in default 2,750
and the individual is complying with the notice or order; 2,751
(3)(c) A new child support order has been issued or the 2,753
child support order that was in default has been modified as 2,755
provided under sections 3113.21 to 3113.219 of the Revised Code 2,756
to collect current support and any arrearage due under the child 2,757
65
support order that was in default and the individual is complying 2,758
with the new or modified child support order. 2,759
The agency shall send the notice under this division not 2,761
later than seven days after the agency determines the individual 2,762
is not in default or that any of the circumstances specified in 2,763
division (D)(1), (2), or (3)(a), (b), OR (c) of this section has 2,765
occurred.
(2) AN AGENCY THAT SENT A NOTICE TO A BOARD UNDER DIVISION 2,768
(B)(2) OF THIS SECTION SHALL SEND TO EACH BOARD TO WHICH IT SENT 2,769
THE NOTICE A FURTHER NOTICE THAT THE OBLIGOR IS NO LONGER OUT OF 2,770
COMPLIANCE IF THE COURT OR AGENCY THAT ISSUED THE WARRANT OR 2,771
SUBPOENA REMOVES THE WARRANT OR DETERMINES THAT THE OBLIGOR HAS 2,772
COMPLIED WITH THE SUBPOENA. 2,773
THE AGENCY SHALL SEND THE NOTICE UNDER THIS DIVISION NOT 2,775
LATER THAN SEVEN DAYS AFTER THE AGENCY DETERMINES THAT EITHER OF 2,776
THE CIRCUMSTANCES SPECIFIED IN DIVISION (D)(2) HAS OCCURRED. 2,778
(E)(1) A BOARD SHALL REQUIRE EACH APPLICATION FOR A 2,780
LICENSE, OR RENEWAL OF A LICENSE, ISSUED BY THE BOARD TO INCLUDE 2,781
THE APPLICANT'S SOCIAL SECURITY NUMBER. 2,782
(2) On receipt of a notice pursuant to division (B) of 2,785
this section, a board shall determine whether the individual 2,786
named in the notice holds or has applied for a license from the 2,787
board. If the board determines that the individual holds or has 2,789
applied for a license and the individual is the individual named 2,790
in the notice and does not receive a notice pursuant to division 2,791
(D) of this section, the board may not issue a license to the 2,792
individual, may not renew a license issued to the individual, and 2,793
shall suspend any license issued to the individual.
(2)(3) The board shall maintain a file containing each 2,795
notice it receives pursuant to division (B) of this section that 2,797
names an individual who does not hold a license issued by the 2,798
board. On receipt of an application for a license from such an 2,799
individual, the board shall proceed in accordance with division 2,800
(E)(1)(2) of this section.
66
(3)(4) Not later than seven days after receipt of a notice 2,802
pursuant to division (D) of this section, the board shall, if the 2,805
individual is otherwise eligible for the license and wants the 2,806
license, issue a license to or renew a license of the individual, 2,807
or if the individual's license was suspended pursuant to division 2,808
(E)(1)(2) of this section, end the suspension. The board may 2,810
charge a fee of not more than fifty dollars to issue or renew or 2,811
end the suspension of a license pursuant to this division.
(4)(5) Notwithstanding section 119.06 of the Revised Code, 2,814
the board shall not hold any hearing in connection with an order 2,815
refusing to issue or renew a license for, or suspending a license 2,816
of, an individual pursuant to this section. 2,817
(F) The department of human services may adopt rules in 2,819
accordance with Chapter 119. of the Revised Code to implement 2,820
this section.
Sec. 2301.374. (A) The director of human services shall 2,829
specify a date for the purposes of this section, which shall be 2,831
the later of the date the support enforcement tracking system is 2,832
expected to be operational in all the counties of the state, or 2,833
the date that is six months after the effective date of this 2,834
section NOVEMBER 15, 1997.
(B)(1)(a) If a court or child support enforcement agency 2,837
makes a final and enforceable determination pursuant to division
(B) of section 3113.21 of the Revised Code prior to the date 2,838
specified under division (A) of this section that an individual 2,839
is in default under a child support order, the agency 2,840
administering or handling the child support order may determine 2,842
whether the individual holds a commercial driver's license or 2,843
commercial driver's temporary instruction permit issued by the 2,844
registrar of motor vehicles or a deputy registrar or, if 2,845
possible, whether the individual has applied, or is likely to 2,846
apply, for such a license or permit. If the agency determines 2,847
that the individual holds, has applied for, or is likely to apply 2,848
for, such a license or permit, it shall send the individual the 2,849
67
notice specified in division (B)(2) of this section. The agency 2,850
also may send a notice to the registrar that gives the name and 2,852
social security number or other identifying number of the
individual and states that a court or agency has determined the 2,853
individual to be in default under a child support order. 2,854
(b) IF AN INDIVIDUAL REQUIRED TO PAY SUPPORT UNDER A CHILD 2,857
SUPPORT ORDER PRIOR TO THE DATE SPECIFIED IN DIVISION (A) OF THIS 2,858
SECTION FAILS, AFTER RECEIVING APPROPRIATE NOTICE, TO COMPLY WITH 2,859
A SUBPOENA OR WARRANT ISSUED BY THE COURT OR A CHILD SUPPORT 2,860
ENFORCEMENT AGENCY WITH RESPECT TO A PROCEEDING TO ENFORCE A 2,861
CHILD SUPPORT ORDER, THE AGENCY ADMINISTERING THE CHILD SUPPORT 2,862
ORDER MAY DETERMINE WHETHER THE INDIVIDUAL HOLDS A COMMERCIAL 2,863
DRIVER'S LICENSE OR COMMERCIAL DRIVER'S TEMPORARY INSTRUCTION 2,864
PERMIT ISSUED BY THE REGISTRAR OF MOTOR VEHICLES OR A DEPUTY 2,865
REGISTRAR OR, IF POSSIBLE, WHETHER THE INDIVIDUAL HAS APPLIED, OR 2,866
IS LIKELY TO APPLY, FOR SUCH A LICENSE OR PERMIT. IF THE AGENCY 2,867
DETERMINES THAT THE INDIVIDUAL HOLDS, HAS APPLIED FOR, OR IS 2,868
LIKELY TO APPLY FOR, SUCH A LICENSE OR PERMIT, IT SHALL SEND THE 2,869
INDIVIDUAL THE NOTICE SPECIFIED IN DIVISION (B)(2) OF THIS 2,871
SECTION. THE AGENCY MAY ALSO SEND A NOTICE TO THE REGISTRAR OF 2,872
MOTOR VEHICLES THAT GIVES THE NAME AND SOCIAL SECURITY NUMBER OR 2,873
OTHER IDENTIFYING NUMBER OF THE INDIVIDUAL AND STATES THAT THE 2,874
INDIVIDUAL HAS FAILED TO COMPLY WITH A WARRANT OR SUBPOENA ISSUED 2,875
BY A COURT OR CHILD SUPPORT ENFORCEMENT AGENCY WITH RESPECT TO A 2,876
PROCEEDING TO ENFORCE A CHILD SUPPORT ORDER. 2,877
(2) Notice shall be sent to the individual described in 2,880
division (B)(1) of this section by first class mail IN COMPLIANCE 2,881
WITH DIVISION (G)(1) OF SECTION 3113.21 OF THE REVISED CODE. The 2,882
notice shall specify that a court or agency has determined the 2,884
individual to be in default under a child support order OR THAT 2,885
THE INDIVIDUAL IS AN OBLIGOR UNDER A CHILD SUPPORT ORDER WHO HAS 2,886
FAILED TO COMPLY WITH A SUBPOENA OR WARRANT ISSUED BY A COURT OR 2,887
AGENCY WITH RESPECT TO A PROCEEDING TO ENFORCE A CHILD SUPPORT 2,888
ORDER, that a notice containing the individual's name and social 2,889
68
security number or other identification number may be sent under 2,890
division (B)(1) of this section to the registrar, and that, if 2,892
the registrar receives that notice and determines that the
individual is the individual named in that notice and the 2,893
registrar has not received notice under division (B)(3) of this 2,895
section, all of the following will occur:
(a) The registrar and all deputy registrars will be 2,898
prohibited from issuing to, or renewing for, the individual a 2,899
commercial driver's license or commercial driver's temporary
instruction permit; 2,900
(b) If the individual holds a commercial driver's license 2,902
or commercial driver's temporary instruction permit, the 2,903
registrar will impose a disqualification as defined in section 2,904
4506.01 of the Revised Code with respect to the license or permit 2,906
if the registrar determines that the individual is the individual 2,907
named in the notice sent pursuant to division (B)(1) of this 2,908
section;
(c) If the individual is the individual named in the 2,910
notice, the individual will not be issued, and the 2,911
disqualification will not be removed with respect to, any license 2,912
or permit listed in division (B)(2) of this section until the 2,913
registrar receives a notice under division (B)(3) of this 2,914
section. 2,915
(3)(a) An agency that sent a notice under division 2,918
(B)(1)(a) of this section shall send to the registrar a notice 2,920
that the individual is not in default under a child support order 2,921
if it determines that the individual is not in default or any of 2,922
the following occurs:
(a)(i) The individual makes full payment to the agency 2,924
DIVISION OF CHILD SUPPORT IN THE DEPARTMENT OF HUMAN SERVICES OR, 2,926
PURSUANT TO DIVISION (H)(4) OF SECTION 2301.35 OF THE REVISED 2,927
CODE, THE CHILD SUPPORT ENFORCEMENT AGENCY of the arrearage that 2,929
was the basis for the court or agency determination that the
individual was in default; 2,930
69
(b)(ii) An appropriate withholding or deduction notice or 2,932
other appropriate order has been issued pursuant to section 2,935
3113.21 of the Revised Code to collect current support and any 2,936
arrearage due under the child support order that was in default 2,937
and the individual is complying with the notice or order; 2,938
(c)(iii) A new child support order has been issued or the 2,940
child support order that was in default has been modified as 2,942
provided under sections 3113.21 to 3113.219 of the Revised Code 2,943
to collect current support and any arrearage due under the child 2,944
support order that was in default and the individual is complying 2,945
with the new or modified child support order. 2,946
The agency shall send the notice under this division not 2,948
later than seven days after it determines the individual is not 2,950
in default or that any of the circumstances specified in division 2,951
(B)(3)(a) of this section has occurred. 2,954
(b) AN AGENCY THAT SENT A NOTICE UNDER DIVISION (B)(1)(b) 2,957
OF THIS SECTION SHALL SEND TO THE REGISTRAR A NOTICE THAT THE 2,959
INDIVIDUAL IS NO LONGER OUT OF COMPLIANCE IF THE COURT OR AGENCY 2,960
THAT ISSUED THE WARRANT OR SUBPOENA REMOVES THE WARRANT OR 2,961
DETERMINES THAT THE INDIVIDUAL HAS COMPLIED WITH THE SUBPOENA. 2,962
THE AGENCY SHALL SEND THE NOTICE UNDER THIS DIVISION NOT 2,964
LATER THAN SEVEN DAYS AFTER THE AGENCY DETERMINES THAT EITHER OF 2,966
THE CIRCUMSTANCES SPECIFIED IN DIVISION (B)(3)(b) HAS OCCURRED. 2,968
(4)(a) On receipt of a notice pursuant to division (B)(1) 2,971
of this section, the registrar shall determine whether the 2,972
individual named in the notice holds or has applied for a 2,973
commercial driver's license or commercial driver's temporary 2,974
instruction permit. If the registrar determines that the 2,975
individual holds or has applied for a license or permit and the 2,976
individual is the individual named in the notice and does not 2,977
receive a notice pursuant to division (B)(3) of this section, the 2,978
registrar immediately shall provide notice of the determination 2,980
to each deputy registrar. The registrar or a deputy registrar 2,981
may not issue to the individual and may not renew for the
70
individual a commercial driver's license or commercial driver's 2,982
temporary instruction permit and the registrar shall impose a 2,983
disqualification on the individual with respect to the license or 2,985
permit held by the individual.
(b) The registrar shall maintain a list of names of 2,987
individuals identified in notices sent to the registrar pursuant 2,989
to division (B)(1) of this section that do not hold a commercial 2,990
driver's license or commercial driver's temporary instruction 2,991
permit. The registrar shall update the list quarterly and 2,992
provide each deputy registrar with a copy. On receipt of an
application for such a license or permit from an individual who 2,993
appears on the list, a deputy registrar shall notify the 2,994
registrar. On receipt of an application for such a license or 2,995
permit from such an individual or on receipt of a notice from a 2,996
deputy registrar pursuant to division (B)(4)(b) of this section, 2,997
the registrar shall proceed in accordance with division (B)(4)(a) 2,999
of this section. 3,000
(c) Not later than seven days after receipt of a notice 3,002
pursuant to division (B)(3) of this section, the registrar shall 3,005
notify each deputy registrar of the notice. The registrar and 3,007
each deputy registrar shall then, if the individual otherwise is
eligible for the license or permit and wants the license or 3,008
permit, issue a license or permit to, or renew a license or 3,010
permit of, the individual, or, if a disqualification was imposed 3,011
on the individual with respect to the individual's license or 3,012
permit pursuant to division (B)(4)(a) of this section, remove the 3,014
disqualification. The registrar or a deputy registrar may charge 3,015
a fee of not more than twenty-five dollars for issuing or 3,016
renewing a license or permit for an individual or removing the 3,017
disqualification imposed on the individual's license or permit 3,018
pursuant to this division.
(d) Notwithstanding section 119.06 of the Revised Code, 3,021
the registrar shall not hold any hearing in connection with an 3,022
order refusing to issue or renew a license or permit for, or 3,023
71
imposing a disqualification with respect to a license or permit 3,024
of, an individual pursuant to this section.
(C)(1)(a) If a court or child support enforcement agency 3,027
makes a final and enforceable determination pursuant to division
(B) of section 3113.21 of the Revised Code on or after the date 3,028
specified under division (A) of this section that an individual 3,030
is in default under a child support order, the agency 3,031
administering or handling the child support order may determine 3,033
whether the individual holds a driver's or commercial driver's 3,034
license, motorcycle operator's license or endorsement, temporary 3,035
instruction permit, or commercial driver's temporary instruction 3,036
permit issued by the registrar of motor vehicles or a deputy 3,037
registrar or, if possible, whether the individual has applied, or 3,038
is likely to apply, for such a license, endorsement, or permit. 3,039
If the agency determines that the individual holds, has applied 3,040
for, or is likely to apply for, such a license, endorsement, or 3,041
permit, it shall send to the individual the notice specified in 3,042
division (C)(2) of this section. The agency also may send a 3,043
notice to the registrar of motor vehicles that gives the name and 3,044
social security number or other identifying number of the
individual and states that a court or agency has determined the 3,045
individual to be in default under a child support order. 3,047
(b) IF AN INDIVIDUAL REQUIRED TO PAY SUPPORT UNDER A CHILD 3,050
SUPPORT ORDER ON OR AFTER THE DATE SPECIFIED IN DIVISION (A) OF 3,051
THIS SECTION FAILS, AFTER RECEIVING APPROPRIATE NOTICE, TO COMPLY 3,052
WITH A SUBPOENA OR WARRANT ISSUED BY THE COURT OR A CHILD SUPPORT 3,053
ENFORCEMENT AGENCY WITH RESPECT TO A PROCEEDING TO ENFORCE A 3,054
CHILD SUPPORT ORDER, THE AGENCY ADMINISTERING THE CHILD SUPPORT
ORDER MAY DETERMINE WHETHER THE INDIVIDUAL HOLDS A DRIVER'S OR 3,056
COMMERCIAL DRIVER'S LICENSE, MOTORCYCLE OPERATOR'S LICENSE OR 3,057
ENDORSEMENT, TEMPORARY INSTRUCTION PERMIT, OR COMMERCIAL DRIVER'S 3,058
TEMPORARY INSTRUCTION PERMIT ISSUED BY THE REGISTRAR OF MOTOR 3,059
VEHICLES OR A DEPUTY REGISTRAR OR, IF POSSIBLE, WHETHER THE 3,060
INDIVIDUAL HAS APPLIED, OR IS LIKELY TO APPLY, FOR SUCH A 3,061
72
LICENSE, ENDORSEMENT, OR PERMIT. IF THE AGENCY DETERMINES THAT 3,062
THE INDIVIDUAL HOLDS, HAS APPLIED FOR, OR IS LIKELY TO APPLY FOR, 3,063
SUCH A LICENSE, ENDORSEMENT, OR PERMIT, IT SHALL SEND THE 3,064
INDIVIDUAL THE NOTICE SPECIFIED IN DIVISION (C)(2) OF THIS 3,066
SECTION. THE AGENCY MAY ALSO SEND A NOTICE TO THE REGISTRAR OF 3,067
MOTOR VEHICLES THAT GIVES THE NAME AND SOCIAL SECURITY NUMBER OR 3,068
OTHER IDENTIFYING NUMBER OF THE INDIVIDUAL AND STATES THAT THE 3,069
INDIVIDUAL HAS FAILED TO COMPLY WITH A WARRANT OR SUBPOENA ISSUED 3,070
BY A COURT OR CHILD SUPPORT ENFORCEMENT AGENCY WITH RESPECT TO A 3,071
PROCEEDING TO ENFORCE A CHILD SUPPORT ORDER. 3,072
(2) Notice shall be sent to the individual described in 3,075
division (C)(1) of this section by first class mail IN COMPLIANCE 3,076
WITH DIVISION (G)(1) OF SECTION 3113.21 OF THE REVISED CODE. The 3,077
notice shall specify that a court or agency has determined the 3,078
individual to be in default under a child support order OR THAT 3,079
THE INDIVIDUAL IS AN OBLIGOR UNDER A CHILD SUPPORT ORDER WHO HAS 3,081
FAILED TO COMPLY WITH A SUBPOENA OR WARRANT ISSUED BY A COURT OR 3,082
AGENCY WITH RESPECT TO A PROCEEDING TO ENFORCE A CHILD SUPPORT 3,083
ORDER, that a notice containing the individual's name and social 3,084
security number or other identification number may be sent under 3,085
division (C)(1) of this section to the registrar, and that, if 3,087
the registrar receives that notice and determines that the
individual is the individual named in that notice and the 3,088
registrar has not received notice under division (C)(3) of this 3,090
section, all of the following will occur: 3,091
(a) The registrar and all deputy registrars will be 3,093
prohibited from issuing to the individual a driver's or 3,095
commercial driver's license, motorcycle operator's license or 3,097
endorsement, or temporary instruction permit or commercial 3,098
driver's temporary instruction permit;
(b) The registrar and all deputy registrars will be 3,100
prohibited from renewing for the individual a driver's or 3,102
commercial driver's license, motorcycle operator's license or 3,103
endorsement, or commercial driver's temporary instruction permit; 3,104
73
(c) If the individual holds a driver's or commercial 3,106
driver's license, motorcycle operator's license or endorsement, 3,107
or temporary instruction permit or commercial driver's temporary 3,108
instruction permit, it will be suspended if the registrar 3,109
determines that the individual is the individual named in the 3,110
notice sent pursuant to division (C)(1) of this section; 3,111
(d) If the individual is the individual named in the 3,113
notice the individual will not be issued or have renewed any 3,114
license, endorsement, or permit, and no suspension will be lifted 3,115
with respect to any license, endorsement, or permit listed in 3,116
division (C)(2) of this section until the registrar receives a 3,118
notice under division (C)(3) of this section.
(3)(a) An agency that sent a notice under division 3,121
(C)(1)(a) of this section shall send to the registrar a notice 3,123
that the individual is not in default under a child support order 3,124
if it determines that the individual is not in default or any of 3,125
the following occurs:
(a)(i) The individual makes full payment to the agency 3,127
DIVISION OF CHILD SUPPORT OR, PURSUANT TO DIVISION (H)(4) OF 3,128
SECTION 2301.35 OF THE REVISED CODE, THE CHILD SUPPORT 3,129
ENFORCEMENT AGENCY of the arrearage that was the basis for the 3,130
court or agency determination that the individual was in default; 3,132
(b)(ii) An appropriate withholding or deduction notice or 3,134
other appropriate order has been issued pursuant to section 3,137
3113.21 of the revised code to collect current support and any 3,138
arrearage due under the child support order that was in default 3,139
and the individual is complying with the notice or order; 3,140
(c)(iii) A new child support order has been issued or the 3,142
child support order that was in default has been modified as 3,145
provided under sections 3113.21 to 3113.219 of the Revised Code 3,146
to collect current support and any arrearage due under the child 3,147
support order that was in default and the individual is complying 3,148
with the new or modified child support order. 3,149
The agency shall send the notice under this division not 3,151
74
later than seven days after it determines the individual is not 3,153
in default or that any of the circumstances specified in division 3,154
(C)(3)(a) of this section has occurred.
(b) AN AGENCY THAT SENT A NOTICE UNDER DIVISION (C)(1)(b) 3,157
OF THIS SECTION SHALL SEND TO THE REGISTRAR A NOTICE THAT THE 3,159
INDIVIDUAL IS NO LONGER OUT OF COMPLIANCE IF THE COURT OR AGENCY 3,160
THAT ISSUED THE WARRANT OR SUBPOENA REMOVES THE WARRANT OR 3,161
DETERMINES THAT THE INDIVIDUAL HAS COMPLIED WITH THE SUBPOENA. 3,162
THE AGENCY SHALL SEND THE NOTICE UNDER THIS DIVISION NOT 3,164
LATER THAN SEVEN DAYS AFTER THE AGENCY DETERMINES THAT EITHER OF 3,166
THE CIRCUMSTANCES SPECIFIED IN DIVISION (C)(3)(b) HAS OCCURRED. 3,168
(4)(a) On receipt of a notice pursuant to division (C)(1) 3,171
of this section, the registrar shall determine whether the 3,172
individual named in the notice holds or has applied for a 3,173
driver's license or commercial driver's license, motorcycle 3,174
operator's license or endorsement, or temporary instruction 3,175
permit or commercial driver's temporary instruction permit. If 3,176
the registrar determines that the individual holds or has applied
for a license, permit, or endorsement and the individual is the 3,178
individual named in the notice and does not receive a notice 3,179
pursuant to division (C)(3) of this section, the registrar 3,180
immediately shall provide notice of the determination to each 3,182
deputy registrar. The registrar or a deputy registrar may not 3,183
issue to the individual a driver's or commercial driver's
license, motorcycle operator's license or endorsement, or 3,184
temporary instruction permit or commercial driver's temporary 3,185
instruction permit and may not renew for the individual a 3,187
driver's or commercial driver's license, motorcycle operator's
license or endorsement, or commercial driver's temporary 3,188
instruction permit. The registrar or a deputy registrar also 3,189
shall suspend a license, permit, or endorsement held by the 3,190
individual.
(b) The registrar shall maintain a list of names of 3,192
individuals identified in notices sent to the registrar pursuant 3,194
75
to division (C)(1) of this section that do not hold a driver's or 3,195
commercial driver's license, motorcycle operator's license or 3,196
endorsement, or temporary instruction permit or commercial 3,197
driver's temporary instruction permit. The registrar shall 3,198
update the list quarterly and provide each deputy registrar with 3,199
a copy. On receipt of an application for such a license, permit, 3,200
or endorsement from an individual who appears on the list, a 3,201
deputy registrar shall notify the registrar. On receipt of an 3,202
application for such a license, permit, or endorsement from such 3,203
an individual or on receipt of a notice from a deputy registrar 3,205
pursuant to division (C)(4)(b) of this section, the registrar 3,207
shall proceed in accordance with division (C)(4)(a) of this 3,209
section.
(c) Not later than seven days after receipt of a notice 3,211
pursuant to division (C)(3) of this section, the registrar shall 3,214
notify each deputy registrar of the notice. The registrar and 3,215
each deputy registrar shall then, if the individual otherwise is
eligible for the license, permit, or endorsement and wants the 3,216
license, permit, or endorsement, issue a license, permit, or 3,217
endorsement to, or renew a license, permit, or endorsement of, 3,219
the individual, or, if the individual's license, permit, or 3,221
endorsement was suspended pursuant to division (C)(4)(a) of this 3,222
section, remove the suspension. The registrar or a deputy 3,224
registrar may charge a fee of not more than twenty-five dollars 3,225
for issuing or renewing or removing the suspension of a license 3,226
pursuant to this division. The fees collected by the registrar
pursuant to this section shall be paid into the state bureau of 3,227
motor vehicles fund established in section 4501.25 of the Revised 3,228
Code.
(d) Notwithstanding section 119.06 of the Revised Code, 3,230
the registrar shall not hold any hearing in connection with an 3,232
order refusing to issue or renew a license, permit, or 3,233
endorsement for, or suspending a license, permit, or endorsement 3,234
of, an individual pursuant to this section.
76
(D) The department of human services may adopt rules in 3,237
accordance with Chapter 119. of the Revised Code to implement 3,238
this section.
Sec. 2301.375. (A) AS USED IN THIS SECTION, "RECREATIONAL 3,241
LICENSE" MEANS ANY LICENSE, PERMIT, OR STAMP ISSUED PURSUANT TO
SECTION 1533.10, 1533.11, 1533.111, 1533.112, OR 1533.32 OF THE 3,243
REVISED CODE.
(B) IF A COURT OR CHILD SUPPORT ENFORCEMENT AGENCY MAKES A 3,246
FINAL AND ENFORCEABLE DETERMINATION PURSUANT TO DIVISION (B) OF 3,248
SECTION 3113.21 OF THE REVISED CODE THAT AN INDIVIDUAL IS IN 3,251
DEFAULT UNDER A CHILD SUPPORT ORDER, THE AGENCY ADMINISTERING THE 3,252
CHILD SUPPORT ORDER MAY DETERMINE WHETHER THE INDIVIDUAL HOLDS A 3,254
RECREATIONAL LICENSE OR, IF POSSIBLE, WHETHER THE INDIVIDUAL HAS 3,255
APPLIED FOR, OR IS LIKELY TO APPLY FOR, SUCH A LICENSE. IF THE 3,256
AGENCY DETERMINES THAT THE INDIVIDUAL HOLDS, HAS APPLIED FOR, OR 3,257
IS LIKELY TO APPLY FOR, SUCH A LICENSE, IT SHALL FOLLOW 3,258
PROCEDURES THAT ARE SUBSTANTIVELY THE SAME AS THOSE SET FORTH IN 3,259
DIVISIONS (B) TO (D) OF SECTION 2301.373 OF THE REVISED CODE AND 3,261
THE DIVISION OF WILDLIFE SHALL FOLLOW PROCEDURES THAT ARE 3,262
SUBSTANTIVELY THE SAME AS THOSE SET FORTH IN DIVISION (E) OF 3,263
SECTION 2301.373 OF THE REVISED CODE WITH RESPECT TO THE LICENSE 3,265
IF BOTH OF THE FOLLOWING APPLY:
(1) THE DIVISION OF WILDLIFE HAS IMPLEMENTED A COMPUTER 3,267
SYSTEM THAT MAINTAINS LICENSE NUMBERS FOR LICENSES ISSUED BY THE 3,269
DIVISION, THE NAMES OF PERSONS TO WHOM LICENSES ARE ISSUED, AND 3,270
THE SOCIAL SECURITY NUMBERS OF PERSONS TO WHOM LICENSES ARE 3,271
ISSUED;
(2) THE DIVISION HAS ESTABLISHED SAFEGUARDS THAT ELIMINATE 3,274
THE RISK THAT SOCIAL SECURITY NUMBERS PROVIDED TO THE DIVISION 3,275
FOR THE PURPOSE OF CHILD SUPPORT ENFORCEMENT MAY BE USED FOR 3,276
PURPOSES OTHER THAN THOSE PERMITTED BY FEDERAL LAW. 3,277
(C) THE DEPARTMENT OF HUMAN SERVICES MAY ADOPT RULES IN 3,280
ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE TO IMPLEMENT 3,283
THIS SECTION. 3,284
77
Sec. 2301.43. (A) IF A COURT OR A CHILD SUPPORT 3,287
ENFORCEMENT AGENCY MAKES A FINAL AND ENFORCEABLE DETERMINATION 3,288
PURSUANT TO DIVISION (B) OF SECTION 3113.21 OF THE REVISED CODE 3,291
THAT AN OBLIGOR IS IN DEFAULT UNDER A SUPPORT ORDER, THE AGENCY 3,292
ADMINISTERING THE SUPPORT ORDER MAY ASSERT A LIEN ON REAL AND 3,294
PERSONAL PROPERTY OF THE OBLIGOR LOCATED IN THE STATE. 3,295
(B)(1) THE AMOUNT OF THE ARREARAGE DUE UNDER THE SUPPORT 3,298
ORDER DETERMINED TO BE IN DEFAULT PURSUANT TO DIVISION (B) OF 3,300
SECTION 3113.21 OF THE REVISED CODE AND ANY AMOUNTS DUE FOR 3,302
CURRENT SUPPORT THAT BECOME AN ARREARAGE AFTER THE DATE THE 3,303
DEFAULT DETERMINATION WAS MADE, SHALL BE A LIEN AGAINST ALL 3,304
PERSONAL PROPERTY, INCLUDING AFTER-ACQUIRED PROPERTY, OF THE 3,305
OBLIGOR THAT IS SITUATED IN THIS STATE. THE LIEN MAY BE FILED 3,306
WITH THE COUNTY RECORDER IN EACH COUNTY OF THE STATE IN WHICH THE 3,308
PERSONAL PROPERTY IS LOCATED. THE AMOUNT OF THE ARREARAGE DUE
UNDER THE SUPPORT ORDER DETERMINED TO BE IN DEFAULT PURSUANT TO 3,310
DIVISION (B) OF SECTION 3113.21 OF THE REVISED CODE AND ANY 3,311
AMOUNTS DUE FOR CURRENT SUPPORT THAT BECOME AN ARREARAGE AFTER 3,312
THE DATE THE DEFAULT DETERMINATION WAS MADE, SHALL BE A LIEN 3,313
AGAINST REAL PROPERTY, INCLUDING AFTER-ACQUIRED PROPERTY, OF THE 3,314
OBLIGOR AFTER THE LIEN IS FILED WITH A COUNTY RECORDER OF THIS 3,315
STATE IN WHICH THE REAL PROPERTY IS LOCATED. A LIEN MAY BE FILED 3,316
WITH THE COUNTY RECORDER IN EACH COUNTY OF THE STATE IN WHICH 3,317
REAL PROPERTY OF THE OBLIGOR IS LOCATED. IN RECORDING THE LIEN, 3,319
IF REGISTERED LAND IS INVOLVED, THE COUNTY RECORDER SHALL TAKE 3,320
ALL NECESSARY ACTION REQUIRED BY CHAPTER 5309. OF THE REVISED 3,321
CODE. THE COUNTY RECORDER MAY BE COMPENSATED FOR LIENS FILED 3,322
UNDER THIS SECTION PURSUANT TO THE DEVELOPMENT OF UNIT COSTS THAT 3,323
ARE REIMBURSED UNDER THE PROVIDER CONTRACT ENTERED INTO PURSUANT 3,324
TO TITLE IV-D OF THE "SOCIAL SECURITY ACT," 88 STAT. 2351 (1975), 3,326
42 U.S.C. 651, AS AMENDED.
(2) ON RECEIVING A COPY OF A LIEN FILED IN ANOTHER STATE 3,328
THAT IS SIMILAR TO A LIEN DESCRIBED IN DIVISION (B)(1) OF THIS 3,330
SECTION, A COPY OF THE ORDER FOR CHILD SUPPORT THAT IS THE BASIS 3,331
78
OF THE LIEN, AND A COPY OF THE COURT OR ADMINISTRATIVE 3,332
DETERMINATION FINDING THE OBLIGOR TO BE IN DEFAULT UNDER THE 3,333
CHILD SUPPORT ORDER, THE DIVISION OF CHILD SUPPORT IN THE 3,334
DEPARTMENT OF HUMAN SERVICES SHALL EXAMINE THE LIEN AND THE OTHER 3,335
DOCUMENTS AND DETERMINE WHETHER THE LIEN IS IN COMPLIANCE WITH 3,336
FEDERAL CHILD SUPPORT LAW AND REGULATIONS. IF THE DIVISION 3,337
DETERMINES THAT THE LIEN IS IN COMPLIANCE, THE DIVISION SHALL 3,338
DETERMINE THE COUNTIES OF THIS STATE IN WHICH IS LOCATED REAL OR 3,339
PERSONAL PROPERTY OF THE OBLIGOR THAT MAY BE SUBJECTED TO THE 3,340
LIEN. ON MAKING THE DETERMINATION, THE DIVISION SHALL SEND A 3,341
COPY OF THE LIEN TO THE CHILD SUPPORT ENFORCEMENT AGENCY OF THE 3,342
COUNTY IN WHICH THE OBLIGOR'S REAL OR PERSONAL PROPERTY IS 3,343
LOCATED. THE AGENCY SHALL FILE THE LIEN WITH THE COUNTY RECORDER 3,344
OF THE COUNTY IN WHICH THE AGENCY IS LOCATED. IN RECORDING THE 3,345
LIEN, IF REGISTERED LAND IS INVOLVED, THE COUNTY RECORDER SHALL 3,346
TAKE ALL NECESSARY ACTION REQUIRED BY CHAPTER 5309. OF THE 3,349
REVISED CODE. ONCE FILED, THE LIEN SHALL BE AGAINST ALL REAL AND 3,351
PERSONAL PROPERTY, INCLUDING AFTER-ACQUIRED PROPERTY, OF THE 3,352
OBLIGOR THAT IS SITUATED IN THAT COUNTY. EVERY COURT, THE 3,353
DIVISION, AND EACH CHILD SUPPORT ENFORCEMENT AGENCY SHALL GIVE 3,354
FULL FAITH AND CREDIT TO A LIEN ESTABLISHED BY AN AUTHORIZED 3,355
AGENCY OF ANOTHER STATE THAT IS OF THE TYPE DESCRIBED IN DIVISION 3,356
(B)(1) OF THIS SECTION. 3,357
(C) THE LIEN FILED WITH THE COUNTY RECORDER SHALL BE 3,360
EFFECTIVE UNTIL THE COUNTY RECORDER DISCHARGES THE LIEN. THE 3,361
COUNTY RECORDER SHALL DISCHARGE THE LIEN WITHIN FIVE DAYS AFTER 3,362
THE AGENCY FILES A NOTICE PURSUANT TO DIVISION (D) OF THIS 3,363
SECTION REQUESTING THAT THE LIEN BE DISCHARGED. 3,364
(D) THE AGENCY SHALL FILE A NOTICE REQUESTING THAT THE 3,367
COUNTY RECORDER DISCHARGE THE LIEN IF ONE OF THE FOLLOWING 3,368
APPLIES:
(1) THE LIEN IS SATISFIED THROUGH AN ACTION PURSUANT TO 3,371
SECTION 2301.45 OF THE REVISED CODE;
(2) THE OBLIGOR MAKES FULL PAYMENT OF THE ARREARAGE TO THE 3,373
79
DIVISION OF CHILD SUPPORT IN THE DEPARTMENT OF HUMAN SERVICES OR, 3,375
PURSUANT TO DIVISION (H)(4) OF SECTION 2301.35 OF THE REVISED 3,376
CODE, THE CHILD SUPPORT ENFORCEMENT AGENCY THAT IS THE BASIS OF 3,378
THE LIEN;
(3) AN APPROPRIATE WITHHOLDING OR DEDUCTION NOTICE OR 3,380
OTHER APPROPRIATE ORDER HAS BEEN ISSUED PURSUANT TO SECTION 3,381
3113.21 OF THE REVISED CODE TO COLLECT CURRENT SUPPORT AND ANY 3,384
ARREARAGE DUE UNDER THE SUPPORT ORDER THAT WAS IN DEFAULT AND THE 3,385
OBLIGOR IS COMPLYING WITH THE NOTICE OR ORDER; 3,386
(4) A NEW SUPPORT ORDER HAS BEEN ISSUED OR THE SUPPORT 3,389
ORDER THAT WAS IN DEFAULT HAS BEEN MODIFIED AS PROVIDED UNDER 3,390
SECTIONS 3113.21 TO 3113.219 OF THE REVISED CODE TO COLLECT 3,391
CURRENT SUPPORT AND ANY ARREARAGE DUE UNDER THE SUPPORT ORDER 3,392
THAT WAS IN DEFAULT AND THE OBLIGOR IS COMPLYING WITH THE NEW OR 3,393
MODIFIED SUPPORT ORDER; 3,394
(5) THE AGENCY RELEASES THE LIEN PURSUANT TO SECTION 3,396
2301.46 OF THE REVISED CODE. 3,397
(E) A LIEN IMPOSED PURSUANT TO THIS SECTION SHALL HAVE 3,400
PRIORITY OVER LIENS, MORTGAGES, SECURITY INTERESTS, OR OTHER 3,401
TYPES OF ENCUMBRANCES THAT ARE ASSOCIATED WITH THE REAL AND 3,402
PERSONAL PROPERTY SUBJECT TO THE LIEN IMPOSED BY THIS SECTION AND 3,403
THAT ARISE AFTER THE DATE THE LIEN IS FILED PURSUANT TO THIS 3,404
SECTION. A LIEN IMPOSED PURSUANT TO THIS SECTION SHALL NOT HAVE 3,405
PRIORITY OVER LIENS, MORTGAGES, SECURITY INTERESTS, OR OTHER 3,406
TYPES OF ENCUMBRANCES ASSOCIATED WITH THE REAL AND PERSONAL 3,407
PROPERTY SUBJECT TO THE LIEN IMPOSED BY THIS SECTION THAT AROSE
ON OR BEFORE THE DATE THE LIEN WAS FILED PURSUANT TO THIS 3,408
SECTION.
Sec. 2301.44. (A) A CHILD SUPPORT ENFORCEMENT AGENCY 3,411
SHALL, NO LATER THAN TEN DAYS AFTER FILING A LIEN PURSUANT TO 3,412
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 3,413
SUBJECT TO THE LIEN AND THE PERSON OR STATE AGENCY IN POSSESSION 3,414
OR CONTROL OF ANY REAL OR PERSONAL PROPERTY OF THE OBLIGOR. 3,415
80
(B) ANY PERSON OR STATE AGENCY, AFTER SERVICE DESCRIBED IN 3,418
DIVISION (A) OF THIS SECTION, THAT RELEASES, SELLS, TRANSFERS, OR 3,420
CONVEYS REAL OR PERSONAL PROPERTY SUBJECT TO THE LIEN TO OR FOR 3,421
THE BENEFIT OF THE OBLIGOR OR ANY OTHER PERSON OR FAILS OR 3,422
REFUSES TO SURRENDER PROPERTY FOR THE EXECUTION SALE PURSUANT TO 3,423
SECTION 2301.45 OF THE REVISED CODE SHALL BE LIABLE FOR THE
SUPPORT ARREARAGES THAT ARE THE BASIS OF THE LIEN PLUS COSTS, 3,425
INTEREST, AND REASONABLE ATTORNEY'S FEES OF THE OPPOSING PARTY.
Sec. 2301.45. (A) A CHILD SUPPORT ENFORCEMENT AGENCY IS 3,428
ENTITLED TO HAVE, AND MAY CAUSE, REAL AND PERSONAL PROPERTY 3,429
SUBJECT TO A LIEN ESTABLISHED PURSUANT TO SECTION 2301.43 OF THE 3,430
REVISED CODE TO BE SOLD PURSUANT TO THIS SECTION. 3,431
(B)(1)(a) TO OBTAIN A SALE OF PROPERTY SUBJECT TO THE 3,434
LIEN, THE AGENCY SHALL FILE, WITH THE APPROPRIATE COURT OF THE 3,435
COUNTY IN WHICH THE PROPERTY IS LOCATED, AS DESCRIBED IN DIVISION 3,436
(B)(2) OF THIS SECTION, A COMPLAINT STATING THAT THE AGENCY HAS 3,437
OBTAINED A LIEN ON REAL AND PERSONAL PROPERTY OF THE OBLIGOR THAT 3,438
IS LOCATED IN THE COUNTY AND THAT, PURSUANT TO DIVISION (A) OF 3,440
THIS SECTION, THE AGENCY IS ENTITLED TO HAVE THE PROPERTY SOLD TO 3,441
OBTAIN CHILD SUPPORT THAT IS IN ARREARS AND SUBSEQUENTLY OVERDUE 3,442
AND ASKS THE COURT TO ISSUE AN ORDER THAT THE PROPERTY BE SOLD BY 3,443
AN EXECUTION SALE IN ACCORDANCE WITH CHAPTER 2329. OF THE REVISED 3,445
CODE. THE AGENCY SHALL ESTABLISH, TO THE SATISFACTION OF THE 3,447
COURT, AT A HEARING DESCRIBED IN DIVISION (B)(1)(b) OF THIS 3,449
SECTION THAT THE AGENCY HAS OBTAINED THE LIEN AND IS ENTITLED TO 3,450
THE REQUESTED ORDER.
(b) ON RECEIPT OF A COMPLAINT DESCRIBED IN DIVISION 3,453
(B)(1)(a) OF THIS SECTION, THE COURT SHALL CONDUCT A HEARING 3,454
EXPEDITIOUSLY. IF, AT THE HEARING, THE COURT DETERMINES THAT IT 3,455
HAS JURISDICTION IN THE MATTER IN ACCORDANCE WITH DIVISION (B)(2) 3,457
OF THIS SECTION AND THAT THE AGENCY HAS OBTAINED A LIEN PURSUANT 3,458
TO SECTION 2301.43 OF THE REVISED CODE AND IS ENTITLED, PURSUANT 3,460
TO DIVISION (A) OF THIS SECTION, TO HAVE THE REAL AND PERSONAL 3,461
PROPERTY OF THE OBLIGOR IN THE COUNTY SOLD BY EXECUTION SALE TO 3,462
81
OBTAIN THE CHILD SUPPORT THAT IS IN ARREARS AND SUBSEQUENTLY 3,463
OVERDUE, THE COURT SHALL ISSUE AN ORDER THAT THE PROPERTY BE SOLD 3,465
BY EXECUTION SALE IN ACCORDANCE WITH CHAPTER 2329. OF THE REVISED 3,466
CODE.
(2) THE COMPLAINT DESCRIBED IN DIVISION (B)(1)(a) OF THIS 3,469
SECTION SHALL BE FILED IN THE COURT AS FOLLOWS: 3,470
(a) IF THE CHILD SUPPORT IN ARREARS WAS ORDERED BY A COURT 3,473
IN THE COUNTY IN WHICH THE PROPERTY IN QUESTION IS LOCATED, IN 3,474
THAT COURT;
(b) IF THE CHILD SUPPORT IN ARREARS WAS ORDERED BY A COURT 3,477
OF ANOTHER STATE OR BY A COURT LOCATED IN A COUNTY OTHER THAN THE 3,478
COUNTY IN WHICH THE PROPERTY IN QUESTION IS LOCATED, THE COURT OF 3,479
COMMON PLEAS OF THE COUNTY IN WHICH THE PROPERTY IS LOCATED. 3,480
(C) A SALE OF REAL OR PERSONAL PROPERTY PURSUANT TO THIS 3,483
SECTION EXTINGUISHES THE LIEN ASSOCIATED WITH THE PROPERTY. 3,484
Sec. 2301.46. (A) A CHILD SUPPORT ENFORCEMENT AGENCY MAY 3,486
AT ANY TIME RELEASE A LIEN IMPOSED PURSUANT TO SECTION 2301.43 OF 3,487
THE REVISED CODE, ON ALL OR PART OF THE PROPERTY OF THE OBLIGOR, 3,489
OR RETURN SEIZED PROPERTY WITHOUT LIABILITY, IF ASSURANCE OF 3,490
PAYMENT IS DEEMED ADEQUATE BY THE AGENCY, OR THE RELEASE WILL 3,491
FACILITATE THE COLLECTION OF THE ARREARAGE FOR WHICH THE LIEN WAS 3,492
IMPOSED. THE RELEASE OR RETURN SHALL NOT OPERATE TO PREVENT 3,493
FUTURE ACTION TO COLLECT THE ARREARAGE. 3,494
(B) OBTAINING A LIEN UNDER SECTION 2301.43 OF THE REVISED 3,497
CODE DOES NOT AFFECT ANY OTHER LEGAL REMEDIES AVAILABLE AGAINST 3,498
OBLIGORS OR THEIR PROPERTY BY PERSONS ENTITLED TO RECEIVE CHILD 3,499
SUPPORT THAT IS IN ARREARS OR OTHERWISE DUE, INCLUDING THE USE OF 3,500
A JUDGMENT LIEN UNDER CHAPTER 2329. OF THE REVISED CODE. 3,501
Sec. 2705.02. A person guilty of any of the following acts 3,510
may be punished as for a contempt: 3,511
(A) Disobedience of, or resistance to, a lawful writ, 3,513
process, order, rule, judgment, or command of a court or officer; 3,514
(B) Misbehavior of an officer of the court in the 3,516
performance of official duties, or in official transactions; 3,518
82
(C) A failure to obey a subpoena duly served, or a refusal 3,520
to be sworn or to answer as a witness, when lawfully required; 3,521
(D) The rescue, or attempted rescue, of a person or of 3,523
property in the custody of an officer by virtue of an order or 3,524
process of court held by the officer; 3,525
(E) A failure upon the part of a person recognized to 3,527
appear as a witness in a court to appear in compliance with the 3,528
terms of the person's recognizance; 3,529
(F) A failure to comply with an order issued pursuant to 3,531
section 3111.20, 3111.21 3111.211, OR 3111.22, or 3111.241 of the 3,533
Revised Code or a withholding or deduction notice issued under 3,534
section 3111.23 of the Revised Code.;
(G) A FAILURE TO OBEY A SUBPOENA ISSUED BY THE DEPARTMENT 3,536
OF HUMAN SERVICES OR A CHILD SUPPORT ENFORCEMENT AGENCY PURSUANT 3,537
TO SECTION 5101.37 OF THE REVISED CODE; 3,538
(H) A WILLFUL FAILURE TO SUBMIT TO GENETIC TESTING, OR A 3,541
WILLFUL FAILURE TO SUBMIT A CHILD TO GENETIC TESTING, AS REQUIRED 3,542
BY AN ORDER FOR GENETIC TESTING ISSUED UNDER SECTION 3111.22 OF 3,543
THE REVISED CODE. 3,544
Sec. 2919.21. (A) No person shall abandon, or fail to 3,553
provide adequate support to: 3,554
(1) The person's spouse, as required by law; 3,556
(2) The person's child who is under age eighteen, or 3,559
mentally or physically handicapped child who is under age 3,560
twenty-one;
(3) The person's aged or infirm parent or adoptive parent, 3,562
who from lack of ability and means is unable to provide 3,563
adequately for the parent's own support;. 3,564
(B) No person shall abandon, or fail to provide support as 3,566
established by a court order to, another person whom, by court 3,567
order or decree, the person is legally obligated to support. 3,568
(C) No person shall aid, abet, induce, cause, encourage, 3,570
or contribute to a child or a ward of the juvenile court becoming 3,571
a dependent child, as defined in section 2151.04 of the Revised 3,572
83
Code, or a neglected child, as defined in section 2151.03 of the 3,573
Revised Code. 3,574
(D) It is an affirmative defense to a charge of failure to 3,576
provide adequate support under division (A) of this section or a 3,577
charge of failure to provide support established by a court order 3,578
under division (B) of this section that the accused was unable to 3,579
provide adequate support or the established support but did 3,580
provide the support that was within the accused's ability and
means.
(E) It is an affirmative defense to a charge under 3,582
division (A)(3) of this section that the parent abandoned the 3,583
accused or failed to support the accused as required by law, 3,584
while the accused was under age eighteen, or was mentally or 3,585
physically handicapped and under age twenty-one. 3,586
(F) It is not a defense to a charge under division (B) of 3,588
this section that the person whom a court has ordered the accused 3,589
to support is being adequately supported by someone other than 3,590
the accused.
(G)(1) Except as otherwise provided in this division, 3,592
whoever violates division (A) or (B) of this section is guilty of 3,593
nonsupport of dependents, a misdemeanor of the first degree. If 3,594
the offender previously has been convicted of or pleaded guilty 3,596
to a violation of division (A)(2) or (B) of this section or if 3,597
the offender has failed to provide support under division (A)(2) 3,598
or (B) of this section for a total accumulated period of 3,599
twenty-six weeks out of one hundred four consecutive weeks, 3,600
whether or not the twenty-six weeks were consecutive, then a 3,601
violation of division (A)(2) or (B) of this section is a felony 3,602
of the fifth degree. If the offender previously has been
convicted of or pleaded guilty to a felony violation of this 3,603
section, a violation of division (A)(2) or (B) of this section is 3,604
a felony of the fourth degree. If the offender is guilty of 3,605
nonsupport of dependents by reason of failing to provide support 3,606
to the offender's child as required by a child support order 3,607
84
issued on or after April 15, 1985, pursuant to section 2151.23,
2151.231, 2151.232, 2151.33, 3105.21, 3109.05, 3111.13, 3113.04, 3,609
3113.31, or 3115.22 3115.31 of the Revised Code, the court, in 3,611
addition to any other sentence imposed, shall assess all court 3,612
costs arising out of the charge against the person and require 3,613
the person to pay any reasonable attorney's fees of any adverse 3,614
party other than the state, as determined by the court, that 3,615
arose in relation to the charge.
(2) Whoever violates division (C) of this section is 3,617
guilty of contributing to the nonsupport of dependents, a 3,618
misdemeanor of the first degree. Each day of violation of 3,619
division (C) of this section is a separate offense. 3,620
Sec. 2919.231. (A) No person, by using physical 3,629
harassment or threats of violence against another person, shall 3,630
interfere with the other person's initiation or continuance of, 3,632
or attempt to prevent the other person from initiating or
continuing, an action to issue or modify a support order under 3,633
Chapter 3115. or under section 2151.23, 2151.231, 2151.232, 3,634
2151.33, 2151.36, 2151.49, 3105.18, 3105.21, 3109.05, 3109.19, 3,636
3111.13, 3113.04, 3113.07, or 3113.31 of the Revised Code. 3,637
(B) Whoever violates this section is guilty of interfering 3,639
with an action to issue or modify a support order, a misdemeanor 3,640
of the first degree. If the offender previously has been 3,641
convicted of or pleaded guilty to a violation of this section or 3,642
of section 3111.29 of the Revised Code, interfering with an 3,643
action to issue or modify a support order is a felony of the 3,644
fifth degree. 3,645
Sec. 3103.03. (A) Each married person must support 3,654
himself or herself THE PERSON'S SELF and his or her spouse out of 3,656
his or her THE PERSON'S property or by his or her THE PERSON'S 3,657
labor. If a married person is unable to do so, the spouse of the 3,659
married person must assist in the support so far as the spouse is 3,660
able. The biological or adoptive parent of a minor child must 3,661
support his or her THE PARENT'S minor children out of his or her 3,663
85
THE PARENT'S property or by his or her THE PARENT'S labor. 3,664
(B) Notwithstanding section 3109.01 of the Revised Code, 3,666
the parental duty of support to children, including the duty of a 3,667
parent to pay support pursuant to a child support order, shall 3,668
continue beyond the age of majority as long as the child 3,669
continuously attends on a full-time basis any recognized and 3,670
accredited high school OR A COURT-ISSUED CHILD SUPPORT ORDER 3,673
PROVIDES THAT THE DUTY OF SUPPORT CONTINUES BEYOND THE AGE OF 3,674
MAJORITY. EXCEPT IN CASES IN WHICH A CHILD SUPPORT ORDER 3,675
REQUIRES THE DUTY OF SUPPORT TO CONTINUE FOR ANY PERIOD AFTER THE 3,676
CHILD REACHES AGE NINETEEN, THE ORDER SHALL NOT REMAIN IN EFFECT 3,677
AFTER THE CHILD REACHES AGE NINETEEN. That duty of support shall 3,678
continue during seasonal vacation periods. 3,679
(C) If a married person neglects to support his or her THE 3,681
PERSON'S spouse in accordance with this section, any other 3,683
person, in good faith, may supply the spouse with necessaries for 3,684
the support of the spouse and recover the reasonable value of the 3,685
necessaries supplied from the married person who neglected to 3,686
support the spouse unless the spouse abandons that person without 3,687
cause.
(D) If a parent neglects to support his or her THE 3,689
PARENT'S minor child in accordance with this section and if the 3,691
minor child in question is unemancipated, any other person, in 3,692
good faith, may supply the minor child with necessaries for the 3,693
support of the minor child and recover the reasonable value of 3,694
the necessaries supplied from the parent who neglected to support 3,695
the minor child. 3,696
(E) If a decedent during his THE DECEDENT'S lifetime has 3,698
purchased an irrevocable preneed funeral contract pursuant to 3,701
section 1109.75 of the Revised Code, then the duty of support 3,702
owed to a spouse pursuant to this section does not include an 3,704
obligation to pay for the funeral expenses of the deceased 3,705
spouse. This division does not preclude a surviving spouse from 3,706
assuming by contract the obligation to pay for the funeral 3,707
86
expenses of the deceased spouse. 3,708
Sec. 3103.031. A biological parent of a child, a man 3,717
determined to be the natural father of a child under sections 3,718
3111.01 to 3111.19 or 3111.20 to 3111.29 of the Revised Code, a 3,719
parent who adopts a minor child pursuant to Chapter 3107. of the 3,720
Revised Code, a parent who acknowledges parentage on the child's 3,721
birth certificate as provided in section 3705.09 of the Revised 3,722
Code, or a parent whose signed acknowledgment of paternity is 3,723
entered upon the probate court's journal under HAS BECOME FINAL 3,724
PURSUANT TO section 2105.18 2151.232, 3111.211, OR 5101.314 of 3,726
the Revised Code assumes the parental duty of support for that 3,727
child. Notwithstanding section 3109.01 of the Revised Code, the
parental duty of support to the child shall continue beyond the 3,728
age of majority as long as the child continuously attends on a 3,729
full-time basis any recognized and accredited high school OR A 3,731
COURT-ISSUED CHILD SUPPORT ORDER PROVIDES THAT THE DUTY OF 3,732
SUPPORT CONTINUES BEYOND THE AGE OF MAJORITY. EXCEPT IN CASES IN 3,733
WHICH A CHILD SUPPORT ORDER REQUIRES THE DUTY OF SUPPORT TO 3,735
CONTINUE FOR ANY PERIOD AFTER THE CHILD REACHES AGE NINETEEN, THE 3,736
ORDER SHALL NOT REMAIN IN EFFECT AFTER THE CHILD REACHES AGE 3,737
NINETEEN. That duty of support shall continue during seasonal 3,738
vacation periods.
Sec. 3105.18. (A) As used in this section, "spousal 3,747
support" means any payment or payments to be made to a spouse or 3,748
former spouse, or to a third party for the benefit of a spouse or 3,749
a former spouse, that is both for sustenance and for support of 3,750
the spouse or former spouse. "Spousal support" does not include 3,751
any payment made to a spouse or former spouse, or to a third 3,752
party for the benefit of a spouse or former spouse, that is made 3,753
as part of a division or distribution of property or a 3,754
distributive award under section 3105.171 of the Revised Code. 3,755
(B) In divorce and legal separation proceedings, upon the 3,757
request of either party and after the court determines the 3,758
division or disbursement of property under section 3105.171 of 3,759
87
the Revised Code, the court of common pleas may award reasonable 3,760
spousal support to either party. During the pendency of any 3,761
divorce, or legal separation proceeding, the court may award 3,762
reasonable temporary spousal support to either party. 3,763
An award of spousal support may be allowed in real or 3,765
personal property, or both, or by decreeing a sum of money, 3,766
payable either in gross or by installments, from future income or 3,767
otherwise, as the court considers equitable. 3,768
Any award of spousal support made under this section shall 3,770
terminate upon the death of either party, unless the order 3,771
containing the award expressly provides otherwise. 3,772
(C)(1) In determining whether spousal support is 3,774
appropriate and reasonable, and in determining the nature, 3,775
amount, and terms of payment, and duration of spousal support, 3,776
which is payable either in gross or in installments, the court 3,777
shall consider all of the following factors: 3,778
(a) The income of the parties, from all sources, 3,780
including, but not limited to, income derived from property 3,781
divided, disbursed, or distributed under section 3105.171 of the 3,782
Revised Code; 3,783
(b) The relative earning abilities of the parties; 3,785
(c) The ages and the physical, mental, and emotional 3,787
conditions of the parties; 3,788
(d) The retirement benefits of the parties; 3,790
(e) The duration of the marriage; 3,792
(f) The extent to which it would be inappropriate for a 3,794
party, because he THAT PARTY will be custodian of a minor child 3,795
of the marriage, to seek employment outside the home; 3,797
(g) The standard of living of the parties established 3,799
during the marriage; 3,800
(h) The relative extent of education of the parties; 3,802
(i) The relative assets and liabilities of the parties, 3,804
including but not limited to any court-ordered payments by the 3,805
parties; 3,806
88
(j) The contribution of each party to the education, 3,808
training, or earning ability of the other party, including, but 3,809
not limited to, any party's contribution to the acquisition of a 3,810
professional degree of the other party; 3,811
(k) The time and expense necessary for the spouse who is 3,813
seeking spousal support to acquire education, training, or job 3,814
experience so that the spouse will be qualified to obtain 3,815
appropriate employment, provided the education, training, or job 3,816
experience, and employment is, in fact, sought; 3,817
(l) The tax consequences, for each party, of an award of 3,819
spousal support; 3,820
(m) The lost income production capacity of either party 3,822
that resulted from that party's marital responsibilities; 3,823
(n) Any other factor that the court expressly finds to be 3,825
relevant and equitable. 3,826
(2) In determining whether spousal support is reasonable 3,828
and in determining the amount and terms of payment of spousal 3,829
support, each party shall be considered to have contributed 3,830
equally to the production of marital income. 3,831
(D) In an action brought solely for an order for legal 3,833
separation under section 3105.17 of the Revised Code, any 3,834
continuing order for periodic payments of money entered pursuant 3,835
to this section is subject to further order of the court upon 3,836
changed circumstances of either party. 3,837
(E) If a continuing order for periodic payments of money 3,839
as alimony is entered in a divorce or dissolution of marriage 3,840
action that is determined on or after May 2, 1986, and before 3,841
January 1, 1991, or if a continuing order for periodic payments 3,842
of money as spousal support is entered in a divorce or 3,843
dissolution of marriage action that is determined on or after 3,844
January 1, 1991, the court that enters the decree of divorce or 3,845
dissolution of marriage does not have jurisdiction to modify the 3,846
amount or terms of the alimony or spousal support unless the 3,847
court determines that the circumstances of either party have 3,848
89
changed and unless one of the following applies: 3,849
(1) In the case of a divorce, the decree or a separation 3,851
agreement of the parties to the divorce that is incorporated into 3,852
the decree contains a provision specifically authorizing the 3,853
court to modify the amount or terms of alimony or spousal 3,854
support. 3,855
(2) In the case of a dissolution of marriage, the 3,857
separation agreement that is approved by the court and 3,858
incorporated into the decree contains a provision specifically 3,859
authorizing the court to modify the amount or terms of alimony or 3,860
spousal support. 3,861
(F) For purposes of divisions (D) and (E) of this section, 3,863
a change in the circumstances of a party includes, but is not 3,864
limited to, any increase or involuntary decrease in the party's 3,865
wages, salary, bonuses, living expenses, or medical expenses. 3,866
(G) Each order for alimony made or modified by a court on 3,868
or after December 31, 1993, shall include as part of the order a 3,869
general provision, as described in division (A)(1) of section 3,870
3113.21 of the Revised Code, requiring the withholding or 3,871
deduction of wages INCOME or assets of the obligor under the 3,872
order as described in division (D) of section 3113.21 of the 3,874
Revised Code or another type of appropriate requirement as 3,875
described in division (D)(6)(3), (D)(7)(4), or (H) of that 3,876
section, to ensure that withholding or deduction from the wages 3,878
INCOME or assets of the obligor is available from the 3,880
commencement of the support order for collection of the support 3,881
and of any arrearages that occur; a statement requiring all 3,882
parties to the order to notify the child support enforcement 3,883
agency in writing of their current mailing address, their current 3,884
residence address, CURRENT RESIDENCE TELEPHONE NUMBER, CURRENT 3,885
DRIVER'S LICENSE NUMBER, and of any changes in either address TO 3,887
THAT INFORMATION; and a notice that the requirement to notify the 3,888
agency of all changes in either address TO THAT INFORMATION 3,889
continues until further notice from the court. 3,891
90
If any person required to pay alimony under an order made 3,893
or modified by a court on or after December 1, 1986, and before 3,894
January 1, 1991, or any person required to pay spousal support 3,895
under an order made or modified by a court on or after January 1, 3,896
1991, is found in contempt of court for failure to make alimony 3,897
or spousal support payments under the order, the court that makes 3,898
the finding, in addition to any other penalty or remedy imposed, 3,899
shall assess all court costs arising out of the contempt 3,900
proceeding against the person and shall require the person to pay 3,901
any reasonable attorney's fees of any adverse party, as 3,902
determined by the court, that arose in relation to the act of 3,903
contempt. 3,904
(H) In divorce or legal separation proceedings, the court 3,906
may award reasonable attorney's fees to either party at any stage 3,907
of the proceedings, including, but not limited to, any appeal, 3,908
any proceeding arising from a motion to modify a prior order or 3,909
decree, and any proceeding to enforce a prior order or decree, if 3,910
it determines that the other party has the ability to pay the 3,911
attorney's fees that the court awards. When the court determines 3,912
whether to award reasonable attorney's fees to any party pursuant 3,913
to this division, it shall determine whether either party will be 3,914
prevented from fully litigating his THAT PARTY'S rights and 3,915
adequately protecting his THAT PARTY'S interests if it does not 3,916
award reasonable attorney's fees. 3,917
Sec. 3105.21. (A) Upon satisfactory proof of the causes 3,926
in the complaint for divorce, annulment, or legal separation, the 3,927
court of common pleas shall make an order for the disposition, 3,928
care, and maintenance of the children of the marriage, as is in 3,929
their best interests, and in accordance with section 3109.04 of 3,930
the Revised Code. 3,931
(B) Upon the failure of proof of the causes in the 3,933
complaint, the court may make the order for the disposition, 3,934
care, and maintenance of any dependent child of the marriage as 3,935
is in the child's best interest, and in accordance with section 3,936
91
3109.04 of the Revised Code. 3,937
(C) Each order for child support made or modified under 3,939
this section on or after December 31, 1993, shall include as part 3,940
of the order a general provision, as described in division (A)(1) 3,941
of section 3113.21 of the Revised Code, requiring the withholding 3,942
or deduction of wages INCOME or assets of the obligor under the 3,943
order as described in division (D) of section 3113.21 of the 3,945
Revised Code, or another type of appropriate requirement as 3,946
described in division (D)(6)(3), (D)(7)(4), or (H) of that 3,947
section, to ensure that withholding or deduction from the wages 3,949
INCOME or assets of the obligor is available from the 3,951
commencement of the support order for collection of the support 3,952
and of any arrearages that occur; a statement requiring all 3,953
parties to the order to notify the child support enforcement 3,954
agency in writing of their current mailing address, their current 3,955
residence address, CURRENT RESIDENCE TELEPHONE NUMBER, CURRENT 3,956
DRIVER'S LICENSE NUMBER, and any changes in either address TO 3,958
THAT INFORMATION; and a notice that the requirement to notify the 3,959
agency of all changes in either address TO THAT INFORMATION 3,960
continues until further notice from the court. Any court of 3,962
common pleas that makes or modifies an order for child support 3,963
under this section on or after April 12, 1990, shall comply with 3,964
sections 3113.21 to 3113.219 of the Revised Code. If any person 3,965
required to pay child support under an order made under this 3,966
section on or after April 15, 1985, or modified on or after 3,967
December 1, 1986, is found in contempt of court for failure to 3,968
make support payments under the order, the court that makes the 3,969
finding, in addition to any other penalty or remedy imposed, 3,970
shall assess all court costs arising out of the contempt 3,971
proceeding against the person and require the person to pay any 3,972
reasonable attorney's fees of any adverse party, as determined by 3,973
the court, that arose in relation to the act of contempt. 3,974
(D) Notwithstanding section 3109.01 of the Revised Code, 3,976
if a court issues a child support order under this section, the 3,977
92
order shall remain in effect beyond the child's eighteenth 3,978
birthday as long as the child continuously attends on a full-time 3,979
basis any recognized and accredited high school OR THE ORDER 3,981
PROVIDES THAT THE DUTY OF SUPPORT OF THE CHILD CONTINUES BEYOND 3,982
THE CHILD'S EIGHTEENTH BIRTHDAY. EXCEPT IN CASES IN WHICH THE 3,984
ORDER PROVIDES THAT THE DUTY OF SUPPORT CONTINUES FOR ANY PERIOD 3,985
AFTER THE CHILD REACHES AGE NINETEEN, THE ORDER SHALL NOT REMAIN 3,986
IN EFFECT AFTER THE CHILD REACHES AGE NINETEEN. Any parent 3,987
ordered to pay support under a child support order issued under 3,988
this section shall continue to pay support under the order, 3,989
including during seasonal vacation periods, until the order 3,990
terminates. 3,991
Sec. 3105.72. THE RECORD OF ANY ACTION INSTITUTED UNDER 3,993
THIS CHAPTER SHALL INCLUDE THE SOCIAL SECURITY NUMBERS OF BOTH 3,994
PARTIES TO THE ACTION.
Sec. 3107.01. As used in sections 3107.01 to 3107.19 of 4,003
the Revised Code:
(A) "Agency" means any public or private organization 4,005
certified, licensed, or otherwise specially empowered by law or 4,006
rule to place minors for adoption. 4,007
(B) "Attorney" means a person who has been admitted to the 4,009
bar by order of the Ohio supreme court. 4,010
(C) "Child" means a son or daughter, whether by birth or 4,012
by adoption. 4,013
(D) "Court" means the probate courts of this state, and 4,015
when the context requires, means the court of any other state 4,017
empowered to grant petitions for adoption. 4,018
(E) "Identifying information" means any of the following 4,021
with regard to a person: first name, last name, maiden name, 4,022
alias, social security number, address, telephone number, place 4,023
of employment, number used to identify the person for the purpose 4,024
of the statewide education management information system
established pursuant to section 3301.0714 of the Revised Code, 4,025
and any other number federal or state law requires or permits to 4,026
93
be used to identify the person.
(F) "Minor" means a person under the age of eighteen 4,028
years. 4,029
(G) "Putative father" means a man, including one under age 4,032
eighteen, who may be a child's father and to whom all of the 4,033
following apply:
(1) He is not married to the child's mother at the time of 4,035
the child's conception or birth; 4,036
(2) He has not adopted the child; 4,038
(3) He has not been determined, prior to the date a 4,040
petition to adopt the child is filed, to have a parent and child 4,041
relationship with the child by a court proceeding pursuant to 4,042
sections 3111.01 to 3111.19 of the Revised Code, a court 4,043
proceeding in another state, an administrative agency proceeding 4,044
pursuant to sections 3111.20 to 3111.29 of the Revised Code, or 4,046
an administrative agency proceeding in another state;
(4) He has not acknowledged paternity of the child 4,048
pursuant to section 2105.18 5101.314 of the Revised Code. 4,049
Sec. 3107.06. Unless consent is not required under section 4,058
3107.07 of the Revised Code, a petition to adopt a minor may be 4,059
granted only if written consent to the adoption has been executed 4,060
by all of the following: 4,061
(A) The mother of the minor; 4,063
(B) The father of the minor, if any of the following 4,065
apply:
(1) The minor was conceived or born while the father was 4,067
married to the mother; 4,068
(2) The minor is his child by adoption; 4,070
(3) Prior to the date the petition was filed, it was 4,072
determined by a court proceeding pursuant to sections 3111.01 to 4,073
3111.19 of the Revised Code, a court proceeding in another state, 4,075
an administrative proceeding pursuant to sections 3111.20 to 4,076
3111.29 of the Revised Code, or an administrative proceeding in
another state that he has a parent and child relationship with 4,077
94
the minor; 4,078
(4) He acknowledged paternity of the child AND THAT 4,080
ACKNOWLEDGMENT HAS BECOME FINAL pursuant to section 2105.18 4,081
2151.232, 3111.211, OR 5101.314 of the Revised Code. 4,082
(C) The putative father of the minor; 4,084
(D) Any person or agency having permanent custody of the 4,086
minor or authorized by court order to consent; 4,087
(E) The juvenile court that has jurisdiction to determine 4,089
custody of the minor, if the legal guardian or custodian of the 4,090
minor is not authorized by law or court order to consent to the 4,091
adoption; 4,092
(F) The minor, if more than twelve years of age, unless 4,094
the court, finding that it is in the best interest of the minor, 4,095
determines that the minor's consent is not required. 4,096
Sec. 3107.064. (A) Except as provided in division (B) of 4,106
this section, a court shall not issue a final decree of adoption
or finalize an interlocutory order of adoption unless the mother 4,107
placing the minor for adoption or the agency or attorney 4,108
arranging the adoption files with the court a certified document 4,109
provided by the department of human services under section 4,110
3107.063 of the Revised Code. The court shall not accept the
document unless the date the department places on the document 4,111
pursuant to that section is thirty-one or more days after the 4,112
date of the minor's birth. 4,113
(B) The document described in division (A) of this section 4,116
is not required if any of the following apply:
(1) The mother was married at the time the minor was 4,118
conceived or born;
(2) The parent placing the minor for adoption previously 4,120
adopted the minor; 4,121
(3) Prior to the date a petition to adopt the minor is 4,123
filed, a man has been determined to have a parent and child 4,124
relationship with the minor by a court proceeding pursuant to 4,125
sections 3111.01 to 3111.19 of the Revised Code, a court 4,126
95
proceeding in another state, an administrative agency proceeding 4,127
pursuant to sections 3111.20 to 3111.29 of the Revised Code, or
an administrative agency proceeding in another state; 4,128
(4) The minor's father acknowledged paternity of the minor 4,130
AND THAT ACKNOWLEDGMENT HAS BECOME FINAL pursuant to section 4,132
2105.18 2151.232, 3111.211, OR 5101.314 of the Revised Code; 4,133
(5) A public children services agency has permanent 4,136
custody of the minor pursuant to Chapter 2151. or division (B) of 4,137
section 5103.15 of the Revised Code after both parents lost or 4,138
surrendered parental rights, privileges, and responsibilities 4,139
over the minor.
Sec. 3109.042. AN UNMARRIED FEMALE WHO GIVES BIRTH TO A 4,141
CHILD IS THE SOLE RESIDENTIAL PARENT AND LEGAL CUSTODIAN OF THE 4,142
CHILD UNTIL A COURT OF COMPETENT JURISDICTION ISSUES AN ORDER 4,143
DESIGNATING ANOTHER PERSON AS THE RESIDENTIAL PARENT AND LEGAL 4,144
CUSTODIAN. A COURT DESIGNATING THE RESIDENTIAL PARENT AND LEGAL 4,145
CUSTODIAN OF A CHILD DESCRIBED IN THIS SECTION SHALL TREAT THE 4,146
MOTHER AND FATHER AS STANDING UPON AN EQUALITY WHEN MAKING THE 4,147
DESIGNATION. 4,148
Sec. 3109.05. (A)(1) In a divorce, dissolution of 4,157
marriage, legal separation, or child support proceeding, the 4,158
court may order either or both parents to support or help support 4,159
their children, without regard to marital misconduct. In 4,160
determining the amount reasonable or necessary for child support, 4,161
including the medical needs of the child, the court shall comply 4,162
with sections 3113.21 to 3113.219 of the Revised Code. 4,163
(2) The court, in accordance with sections 3113.21 and 4,165
3113.217 of the Revised Code, shall include in each support order 4,166
made under this section the requirement that one or both of the 4,167
parents provide for the health care needs of the child to the 4,168
satisfaction of the court, and the court shall include in the 4,169
support order a requirement that all support payments be made 4,170
through the DIVISION OF child support enforcement agency IN THE 4,172
DEPARTMENT OF HUMAN SERVICES.
96
(3) Each order for child support made or modified under 4,174
this section on or after December 31, 1993, shall include as part 4,175
of the order a general provision, as described in division (A)(1) 4,176
of section 3113.21 of the Revised Code, requiring the withholding 4,177
or deduction of wages INCOME or assets of the obligor under the 4,178
order as described in division (D) or (H) of section 3113.21 of 4,180
the Revised Code, or another type of appropriate requirement as 4,181
described in division (D)(6)(3), (D)(7)(4), or (H) of that 4,183
section, to ensure that withholding or deduction from the wages 4,184
INCOME or assets of the obligor is available from the 4,186
commencement of the support order for collection of the support 4,187
and of any arrearages that occur; a statement requiring both 4,188
parents to notify the child support enforcement agency in writing 4,189
of their current mailing address; their current residence 4,190
address, CURRENT RESIDENCE TELEPHONE NUMBER, CURRENT DRIVER'S 4,191
LICENSE NUMBER, and any changes in either address TO THAT 4,193
INFORMATION, and a notice that the requirement to notify the 4,194
agency of all changes in either address TO THAT INFORMATION 4,195
continues until further notice from the court. The court shall 4,197
comply with sections 3113.21 to 3113.219 of the Revised Code when 4,198
it makes or modifies an order for child support under this 4,199
section.
(B) The juvenile court has exclusive jurisdiction to enter 4,201
the orders in any case certified to it from another court. 4,202
(C) If any person required to pay child support under an 4,204
order made under division (A) of this section on or after April 4,205
15, 1985, or modified on or after December 1, 1986, is found in 4,206
contempt of court for failure to make support payments under the 4,207
order, the court that makes the finding, in addition to any other 4,208
penalty or remedy imposed, shall assess all court costs arising 4,209
out of the contempt proceeding against the person and require the 4,210
person to pay any reasonable attorney's fees of any adverse 4,211
party, as determined by the court, that arose in relation to the 4,212
act of contempt and, on or after July 1, 1992, shall assess 4,213
97
interest on any unpaid amount of child support pursuant to 4,214
section 3113.219 of the Revised Code. 4,215
(D) The court shall not authorize or permit the escrowing, 4,217
impoundment, or withholding of any child support payment ordered 4,218
under this section or any other section of the Revised Code 4,219
because of a denial of or interference with a right of 4,220
companionship or visitation granted in an order issued under this 4,221
section, section 3109.051, 3109.11, 3109.12, or any other section 4,222
of the Revised Code, or as a method of enforcing the specific 4,223
provisions of any such order dealing with visitation. 4,224
(E) Notwithstanding section 3109.01 of the Revised Code, 4,226
if a court issues a child support order under this section, the 4,227
order shall remain in effect beyond the child's eighteenth 4,228
birthday as long as the child continuously attends on a full-time 4,229
basis any recognized and accredited high school OR THE ORDER 4,231
PROVIDES THAT THE DUTY OF SUPPORT OF THE CHILD CONTINUES BEYOND 4,232
THE CHILD'S EIGHTEENTH BIRTHDAY. EXCEPT IN CASES IN WHICH THE 4,234
ORDER PROVIDES THAT THE DUTY OF SUPPORT CONTINUES FOR ANY PERIOD 4,235
AFTER THE CHILD REACHES AGE NINETEEN, THE ORDER SHALL NOT REMAIN 4,236
IN EFFECT AFTER THE CHILD REACHES AGE NINETEEN. Any parent 4,238
ordered to pay support under a child support order issued under
this section shall continue to pay support under the order, 4,239
including during seasonal vacation periods, until the order 4,240
terminates. 4,241
Sec. 3109.12. (A) If a child is born to an unmarried 4,250
woman, the parents of the woman and any relative of the woman may 4,251
file a complaint requesting the court of common pleas of the 4,252
county in which the child resides to grant them reasonable 4,253
companionship or visitation rights with the child. If a child is 4,254
born to an unmarried woman and if the father of the child has 4,255
acknowledged the child AND THAT ACKNOWLEDGMENT HAS BECOME FINAL 4,256
pursuant to section 2105.18 2151.232, 3111.211, OR 5101.314 of 4,258
the Revised Code or has been determined in an action under 4,259
Chapter 3111. of the Revised Code to be the father of the child, 4,260
98
the father, the parents of the father, and any relative of the 4,261
father may file a complaint requesting the court of common pleas 4,262
of the county in which the child resides to grant them reasonable 4,263
companionship or visitation rights with respect to the child. 4,264
(B) The court may grant the companionship or visitation 4,266
rights requested under division (A) of this section, if it 4,267
determines that the granting of the companionship or visitation 4,268
rights is in the best interest of the child. In determining 4,269
whether to grant any person reasonable companionship or 4,270
visitation rights with respect to any child, the court shall 4,271
consider all relevant factors, including, but not limited to, the 4,272
factors set forth in division (D) of section 3109.051 of the 4,273
Revised Code. Divisions (C), (K), and (L) of section 3109.051 of 4,274
the Revised Code apply to the determination of reasonable 4,275
companionship or visitation rights under this section and to any 4,276
order granting any such rights that is issued under this section. 4,277
The marriage or remarriage of the mother or father of a 4,279
child does not affect the authority of the court under this 4,280
section to grant the natural father, the parents or relatives of 4,281
the natural father, or the parents or relatives of the mother of 4,282
the child reasonable companionship or visitation rights with 4,283
respect to the child. 4,284
If the court denies a request for reasonable companionship 4,286
or visitation rights made pursuant to division (A) of this 4,287
section and the complainant files a written request for findings 4,288
of fact and conclusions of law, the court shall state in writing 4,289
its findings of fact and conclusions of law in accordance with 4,290
Civil Rule 52. 4,291
Except as provided in division (E)(6) of section 3113.31 of 4,293
the Revised Code, if the court, pursuant to this section, grants 4,294
any person companionship or visitation rights with respect to any 4,295
child, it shall not require the public children services agency 4,296
to provide supervision of or other services related to that 4,297
person's exercise of companionship or visitation rights with 4,298
99
respect to the child. This section does not limit the power of a 4,299
juvenile court pursuant to Chapter 2151. of the Revised Code to 4,300
issue orders with respect to children who are alleged to be 4,301
abused, neglected, or dependent children or to make dispositions 4,302
of children who are adjudicated abused, neglected, or dependent
children or of a common pleas court to issue orders pursuant to 4,303
section 3113.31 of the Revised Code. 4,304
Sec. 3109.19. (A) As used in this section, "minor" has 4,314
the same meaning as in section 3107.01 of the Revised Code. 4,315
(B)(1) If a child is born to parents who are unmarried and 4,317
unemancipated minors, a parent of one of the minors is providing 4,319
support for the minors' child, and the minors have not signed an 4,320
acknowledgment of paternity or a parent and child relationship 4,321
has not been established between the child and the male minor, 4,322
the parent who is providing support for the child may request a 4,323
determination of the existence or nonexistence of a parent and 4,324
child relationship between the child and the male minor pursuant 4,325
to Chapter 3111. of the Revised Code. 4,326
(2) If a child is born to parents who are unmarried and 4,329
unemancipated minors, a parent of one of the minors is providing 4,330
support for the child, and the minors have signed an 4,331
acknowledgment of paternity THAT HAS BECOME FINAL pursuant to
section 2105.18 2151.232, 3111.211, OR 5101.314 of the Revised 4,334
Code or a parent and child relationship has been established 4,335
between the child and the male minor pursuant to Chapter 3111. of 4,336
the Revised Code, the parent who is providing support for the 4,337
child may file a complaint requesting that the court issue an 4,338
order or may request the child support enforcement agency of the 4,339
county in which the child resides to issue an administrative 4,340
order requiring all of the minors' parents to pay support for the 4,341
child.
(C)(1) On receipt of a complaint filed under division 4,343
(B)(2) of this section, the court shall schedule a hearing to 4,344
determine, in accordance with sections 3113.21 to 3113.219 of the 4,346
100
Revised Code, the amount of child support the minors' parents are 4,348
required to pay and, the method of paying the support, AND THE 4,349
METHOD OF PROVIDING FOR THE CHILD'S HEALTH CARE NEEDS. On 4,350
receipt of a request under division (B)(2) of this section, the 4,352
agency shall schedule a hearing to determine, in accordance with 4,353
sections 3111.23 to 3111.28 and 3113.215 of the Revised Code, the 4,355
amount of child support the minors' parents are required to pay 4,356
for and, the method of paying the support, AND THE METHOD OF 4,357
PROVIDING FOR THE CHILD'S HEALTH CARE NEEDS. At the conclusion 4,358
of the hearing, the court or agency shall issue an order 4,360
requiring the payment of support of the child AND PROVISION FOR
THE CHILD'S HEALTH CARE NEEDS. The court or agency shall 4,362
calculate the child support amount using the income of the 4,363
minors' parents instead of the income of the minors. If any of 4,364
the minors' parents are divorced, the court or agency shall 4,365
calculate the child support as if they were married, and issue a 4,366
child support order requiring the parents to pay a portion of any 4,367
support imposed as a separate obligation. If a child support 4,368
order issued pursuant to section 2151.23, 2151.231, 2151.232, 4,369
3111.13, 3111.20, 3111.21 3111.211, or 3111.22 of the Revised 4,371
Code requires one of the minors to pay support for the child, the 4,372
amount the minor is required to pay shall be deducted from any 4,373
amount that minor's parents are required to pay pursuant to an 4,374
order issued under this section. The hearing shall be held not 4,375
later than sixty days after the day the complaint is filed or the 4,376
request is made nor earlier than thirty days after the court or 4,377
agency gives the minors' parents notice of the action.
(2) An order issued by an agency for the payment of child 4,379
support shall include a notice stating all of the following: 4,380
that the parents of the minors may object to the order by filing 4,382
a complaint pursuant to division (B)(2) of this section with the 4,383
court requesting that the court issue an order requiring the 4,384
minors' parents to pay support for the child AND PROVIDE FOR THE 4,385
CHILD'S HEALTH CARE NEEDS; that the complaint may be filed no 4,386
101
later than thirty days after the date of the issuance of the 4,387
agency's order; and that, if none of the parents of the minors 4,388
file a complaint pursuant to division (B)(2) of this section, the 4,390
agency's order is final and enforceable by a court and may be 4,391
modified and enforced only in accordance with sections 3111.23 to 4,392
3111.28 and sections 3113.21 to 3113.219 of the Revised Code. 4,393
(D) An order issued by a court or agency under this 4,396
section shall remain in effect, except as modified pursuant to 4,397
sections 3113.21 to 3113.219 of the Revised Code with respect to 4,399
a court-issued child support order or pursuant to sections 4,400
3111.23 to 3111.28 and 3113.215 of the Revised Code with respect 4,401
to an administrative child support order, until the occurrence of 4,402
any of the following:
(1) The minor who resides with the parents required to pay 4,404
support under this section reaches the age of eighteen years, 4,405
dies, marries, enlists in the armed services, is deported, gains 4,406
legal or physical custody of the child, or is otherwise 4,407
emancipated. 4,408
(2) The child who is the subject of the order dies, is 4,410
adopted, is deported, or is transferred to the legal or physical 4,411
custody of the minor who lives with the parents required to pay 4,412
support under this section.
(3) The minor's parents to whom support is being paid 4,414
pursuant to this section is no longer providing any support for 4,415
the child. 4,416
(E)(1) The minor's parents to whom support is being paid 4,418
under a child support order issued by a court pursuant to this 4,419
section shall notify, and the minor's parents who are paying 4,420
support may notify the child support enforcement agency of the 4,421
occurrence of any event described in division (D) of this 4,422
section. A willful failure to notify the agency as required by 4,423
this division is contempt of court. Upon receiving notification 4,424
pursuant to this division, the agency shall comply with division 4,425
(G)(4) of section 3113.21 of the Revised Code. 4,427
102
(2) The minor's parents to whom support is being paid 4,429
under a child support order issued by the agency pursuant to this 4,430
section shall notify, and the minor's parents who are paying 4,431
support may notify the child support enforcement agency of the 4,432
occurrence of any event described in division (D) of this 4,433
section. Upon receiving notification pursuant to this division, 4,434
the agency shall comply with division (E)(4) of section 3111.23 4,436
of the Revised Code.
Sec. 3111.02. (A) The parent and child relationship 4,445
between a child and the child's natural mother may be established 4,446
by proof of her having given birth to the child or pursuant to 4,447
sections 3111.01 to 3111.19 or 3111.20 to 3111.29 of the Revised 4,448
Code. The parent and child relationship between a child and the 4,449
natural father of the child may be established by a probate court
entering an acknowledgment upon its journal OF PATERNITY as 4,451
provided in section 2105.18 5101.314 of the Revised Code, and 4,453
pursuant to sections 3111.01 to 3111.19 or 3111.20 to 3111.29 of 4,454
the Revised Code. The parent and child relationship between a
child and the adoptive parent of the child may be established by 4,455
proof of adoption or pursuant to Chapter 3107. of the Revised 4,456
Code.
(B) A court that is determining a parent and child 4,458
relationship pursuant to this chapter shall give full faith and 4,459
credit to a parentage determination made under the laws of this 4,460
state or another state, regardless of whether the parentage 4,461
determination was made pursuant to a voluntary acknowledgement of
paternity, an administrative procedure, or a court proceeding. 4,462
Sec. 3111.03. (A) A man is presumed to be the natural 4,471
father of a child under any of the following circumstances: 4,472
(1) The man and the child's mother are or have been 4,474
married to each other, and the child is born during the marriage 4,475
or is born within three hundred days after the marriage is 4,476
terminated by death, annulment, divorce, or dissolution or after 4,477
the man and the child's mother separate pursuant to a separation 4,478
103
agreement. 4,479
(2) The man and the child's mother attempted, before the 4,481
child's birth, to marry each other by a marriage that was 4,482
solemnized in apparent compliance with the law of the state in 4,483
which the marriage took place, the marriage is or could be 4,484
declared invalid, and either of the following apply APPLIES: 4,485
(a) The marriage can only be declared invalid by a court 4,487
and the child is born during the marriage or within three hundred 4,488
days after the termination of the marriage by death, annulment, 4,489
divorce, or dissolution; 4,490
(b) The attempted marriage is invalid without a court 4,492
order and the child is born within three hundred days after the 4,493
termination of cohabitation. 4,494
(3) The man and the child's mother, after the child's 4,496
birth, married or attempted to marry each other by a marriage 4,497
solemnized in apparent compliance with the law of the state in 4,498
which the marriage took place, and any EITHER of the following 4,499
occur OCCURS: 4,500
(a) The man has acknowledged his paternity of the child in 4,502
a writing sworn to before a notary public; 4,503
(b) The man, with his consent, is named as the child's 4,505
father on the child's birth certificate; 4,506
(c) The man is required to support the child by a written 4,508
voluntary promise or by a court order. 4,509
(4) The man, with his consent, signs the child's birth 4,511
certificate as an informant as provided in section 3705.09 of the 4,512
Revised Code. 4,513
(5) A court enters upon its journal an acknowlegment AN 4,515
ACKNOWLEDGMENT of paternity FILED WITH THE DIVISION OF CHILD 4,516
SUPPORT IN THE DEPARTMENT OF HUMAN SERVICES BECOMES FINAL 4,517
pursuant to section 2105.18 2151.232, 3111.211, OR 5101.314 of 4,518
the Revised Code. 4,519
(6)(5) A court or administrative body, pursuant to section 4,521
3111.09, 3111.22, or 3115.24 3115.52 of the Revised Code or 4,523
104
otherwise, has ordered that genetic tests be conducted or the 4,524
natural mother and alleged natural father voluntarily agreed to 4,525
genetic testing pursuant to FORMER section 3111.21 or 3111.22 of 4,526
the Revised Code to determine the father and child relationship 4,528
and the results of the genetic tests indicate a probability of 4,529
ninety-five NINETY-NINE per cent or greater that the man is the 4,531
biological father of the child.
(B)(1) A presumption arises under division (A)(3) of this 4,533
section regardless of the validity or invalidity of the marriage 4,534
of the parents. A presumption that arises under this section can 4,535
only be rebutted by clear and convincing evidence that includes 4,536
the results of genetic testing, except that a presumption that 4,537
arises under division (A)(1) or (2) of this section is conclusive 4,539
as provided in division (A) of section 3111.37 of the Revised 4,540
Code and cannot be rebutted. If two or more conflicting 4,542
presumptions arise under this section, the court shall determine, 4,543
based upon logic and policy considerations, which presumption 4,544
controls. IF A DETERMINATION DESCRIBED IN DIVISION (B)(3) OF 4,545
THIS SECTION CONFLICTS WITH A PRESUMPTION THAT ARISES UNDER THIS 4,546
SECTION THE DETERMINATION IS CONTROLLING. 4,547
(2) NOTWITHSTANDING DIVISION (B)(1) OF THIS SECTION, A 4,549
PRESUMPTION THAT ARISES UNDER DIVISION (A)(4) OF THIS SECTION MAY 4,552
ONLY BE REBUTTED AS PROVIDED IN DIVISION (B)(2) OF SECTION 4,554
5101.314 OF THE REVISED CODE. 4,556
(3) NOTWITHSTANDING DIVISION (A)(5) OF THIS SECTION, A 4,558
FINAL AND ENFORCEABLE DETERMINATION FINDING THE EXISTENCE OF A 4,560
FATHER AND CHILD RELATIONSHIP PURSUANT TO FORMER SECTION 3111.21 4,561
OR SECTION 3111.22 OF THE REVISED CODE THAT IS BASED ON THE 4,562
RESULTS OF GENETIC TESTS ORDERED PURSUANT TO EITHER OF THOSE 4,563
SECTIONS, IS NOT A PRESUMPTION. 4,564
(C) A PRESUMPTION OF PATERNITY THAT AROSE PURSUANT TO THIS 4,566
SECTION PRIOR TO THE EFFECTIVE DATE OF THIS AMENDMENT SHALL 4,567
REMAIN VALID ON AND AFTER THAT DATE UNLESS REBUTTED PURSUANT TO 4,568
DIVISION (B) OF THIS SECTION. THIS DIVISION DOES NOT APPLY TO A 4,569
105
DETERMINATION DESCRIBED IN DIVISION (B)(3) OF THIS SECTION. 4,570
Sec. 3111.04. (A) An action to determine the existence or 4,579
nonexistence of the father and child relationship may be brought 4,580
by the child or the child's personal representative, the child's 4,581
mother or her personal representative, a man alleged or alleging 4,582
himself to be the child's father, the child support enforcement 4,583
agency of the county in which the child resides if the child's 4,584
mother is a recipient of public assistance as defined in section 4,585
2301.351 of the Revised Code or of services under Title IV-D of 4,586
the "Social Security Act," 88 Stat. 2351 (1975), 42 U.S.C.A. 651, 4,587
as amended, or the alleged father's personal representative. 4,588
(B) An agreement does not bar an action under this 4,590
section. 4,591
(C) If an action under this section is brought before the 4,593
birth of the child and if the action is contested, all 4,594
proceedings, except service of process and the taking of 4,595
depositions to perpetuate testimony, may be stayed until after 4,596
the birth. 4,597
(D) A recipient of public assistance as defined in section 4,599
2301.351 of the Revised Code or of services under Title IV-D of 4,600
the "Social Security Act," 88 Stat. 2351 (1975), 42 U.S.C.A. 651, 4,601
as amended, shall request COOPERATE WITH the child support 4,602
enforcement agency of the county in which a child resides to make 4,604
OBTAIN an administrative determination PURSUANT TO SECTION 4,606
3111.22 OF THE REVISED CODE, OR, IF NECESSARY, A COURT
DETERMINATION PURSUANT TO SECTIONS 3111.01 TO 3111.19 OF THE 4,607
REVISED CODE, of the existence or nonexistence of a parent and 4,608
child relationship between the father and the child pursuant to 4,609
section 3111.22 of the Revised Code before the recipient 4,610
commences an action to determine the existence or nonexistence of 4,611
that parent and child relationship. IF THE RECIPIENT FAILS TO 4,612
COOPERATE, THE AGENCY MAY COMMENCE AN ACTION TO DETERMINE THE 4,613
EXISTENCE OR NONEXISTENCE OF A PARENT AND CHILD RELATIONSHIP 4,614
BETWEEN THE FATHER AND THE CHILD PURSUANT TO SECTIONS 3111.01 TO 4,615
106
3111.19 OF THE REVISED CODE.
(E) AS USED IN THIS SECTION, "PUBLIC ASSISTANCE" MEANS 4,617
MEDICAL ASSISTANCE UNDER CHAPTER 5111. OF THE REVISED CODE, 4,618
ASSISTANCE UNDER CHAPTER 5107. OF THE REVISED CODE, OR DISABILITY 4,619
ASSISTANCE UNDER CHAPTER 5115. OF THE REVISED CODE. 4,620
Sec. 3111.06. (A) The juvenile court has original 4,629
jurisdiction of any action authorized under sections 3111.01 to 4,630
3111.19 of the Revised Code. An action may be brought under 4,631
those sections in the juvenile court of the county in which the 4,632
child, the child's mother, or the alleged father resides or is 4,633
found or, if the alleged father is deceased, of the county in 4,634
which proceedings for the probate of his THE ALLEGED FATHER'S 4,635
estate have been or can be commenced, or of the county in which 4,636
the child is being provided support by the department of human 4,637
services of that county. AN ACTION PURSUANT TO SECTIONS 3111.01 4,638
TO 3111.19 OF THE REVISED CODE TO OBJECT TO AN ADMINISTRATIVE 4,639
ORDER ISSUED PURSUANT TO FORMER SECTION 3111.21 OR SECTION 4,640
3111.22 OF THE REVISED CODE DETERMINING THE EXISTENCE OR
NONEXISTENCE OF A PARENT AND CHILD RELATIONSHIP THAT HAS NOT 4,641
BECOME FINAL AND ENFORCEABLE, MAY BE BROUGHT ONLY IN THE JUVENILE 4,642
COURT OF THE COUNTY IN WHICH THE CHILD SUPPORT ENFORCEMENT AGENCY 4,643
THAT ISSUED THE ORDER IS LOCATED. If an action for divorce, 4,644
dissolution, or legal separation has been filed in a court of 4,645
common pleas, that court of common pleas has original 4,646
jurisdiction to determine if the parent and child relationship 4,647
exists between one or both of the parties and any child alleged 4,648
or presumed to be the child of one or both of the parties. 4,649
(B) A person who has sexual intercourse in this state 4,651
submits to the jurisdiction of the courts of this state as to an 4,652
action brought under sections 3111.01 to 3111.19 of the Revised 4,653
Code with respect to a child who may have been conceived by that 4,654
act of intercourse. In addition to any other method provided by 4,655
the Rules of Civil Procedure, personal jurisdiction may be 4,656
acquired by personal service of summons outside this state or by 4,657
107
certified mail with proof of actual receipt. 4,658
Sec. 3111.07. (A) The natural mother, each man presumed 4,667
to be the father under section 3111.03 of the Revised Code, each 4,668
man alleged to be the natural father, and, if the party who 4,669
initiates the action is a recipient of public assistance as 4,670
defined in section 2301.351 3111.04 of the Revised Code or if the 4,672
responsibility for the collection of support for the child who is 4,673
the subject of the action has been assumed by the child support 4,674
enforcement agency under Title IV-D of the "Social Security Act," 4,675
88 Stat. 2351 (1975), 42 U.S.C.A. 651, as amended, the child 4,676
support enforcement agency of the county in which the child 4,677
resides shall be made parties to the action brought pursuant to 4,678
sections 3111.01 to 3111.19 of the Revised Code or, if not 4,679
subject to the jurisdiction of the court, shall be given notice 4,680
of the action pursuant to the Rules of Civil Procedure and shall 4,681
be given an opportunity to be heard. The court may align the 4,682
parties. The child shall be made a party to the action unless a 4,683
party shows good cause for not doing so. Separate counsel shall 4,684
be appointed for the child if the court finds that the child's 4,685
interests conflict with those of the mother. 4,686
If the person bringing the action knows that a particular 4,688
man is not or, based upon the facts and circumstances present, 4,689
could not be the natural father of the child, the person bringing 4,690
the action shall not allege in the action that the man is the 4,691
natural father of the child and shall not make the man a party to 4,692
the action. 4,693
(B) If an action is brought pursuant to sections 3111.01 4,695
to 3111.19 of the Revised Code and the child to whom the action 4,696
pertains is or was being provided support by the department of 4,697
human services, a county department of human services, or another 4,698
public agency, the department, county department, or agency may 4,699
intervene for purposes of collecting or recovering the support. 4,700
Sec. 3111.09. (A)(1) In any action instituted under 4,709
sections 3111.01 to 3111.19 of the Revised Code, the court, upon 4,710
108
its own motion, may order and, upon the motion of any party to 4,711
the action, shall order the child's mother, the child, the 4,712
alleged father, and any other person who is a defendant in the 4,713
action to submit to genetic tests. If genetic tests are ordered 4,714
upon the motion of a party or the court, the court shall order 4,715
that the child's mother, the child, the alleged father, and any 4,716
other defendant submit to genetic testing. Instead of or in 4,717
addition to genetic testing ordered pursuant to this section, the 4,718
court may order the superintendent of the bureau of criminal 4,719
identification and investigation to disclose information 4,720
regarding a USE THE FOLLOWING INFORMATION TO DETERMINE THE 4,721
EXISTENCE OF A PARENT AND CHILD RELATIONSHIP BETWEEN THE CHILD 4,722
AND THE CHILD'S MOTHER, THE ALLEGED FATHER, OR ANOTHER DEFENDANT: 4,724
(a) A DNA record of the child's mother, the child, the 4,729
alleged father, or any other defendant that is stored in the DNA 4,730
database pursuant to section 109.573 of the Revised Code and may 4,731
use that information to determine the existence of a parent and
child relationship between the child and the child's mother, the 4,733
alleged father, or another defendant.; 4,734
(b) RESULTS OF GENETIC TESTS CONDUCTED ON THE CHILD, THE 4,737
CHILD'S MOTHER, THE ALLEGED FATHER, OR ANY OTHER DEFENDANT 4,738
PURSUANT TO FORMER SECTION 3111.21 OR SECTION 3111.22 OF THE 4,739
REVISED CODE.
IF THE COURT INTENDS TO USE THE INFORMATION DESCRIBED IN 4,742
DIVISION (A)(1)(a) OF THIS SECTION, IT SHALL ORDER THE 4,743
SUPERINTENDENT OF THE BUREAU OF CRIMINAL IDENTIFICATION AND 4,744
INVESTIGATION TO DISCLOSE THE INFORMATION TO THE COURT. IF THE 4,745
COURT INTENDS TO USE THE GENETIC TEST RESULTS DESCRIBED IN 4,746
DIVISION (A)(1)(b) OF THIS SECTION, IT SHALL ORDER THE AGENCY 4,747
THAT ORDERED THE TESTS TO PROVIDE THE REPORT OF THE GENETIC TEST 4,748
RESULTS TO THE COURT.
(2) If the child support enforcement agency is not made a 4,751
party to the action, the clerk of the court shall schedule the 4,752
genetic testing no later than thirty days after the court issues 4,753
109
its order. If the agency is made a party to the action, the 4,754
agency shall schedule the genetic testing in accordance with the 4,755
rules adopted by the department of human services pursuant to 4,756
section 2301.35 of the Revised Code. If the alleged father of a 4,757
child brings an action under sections 3111.01 to 3111.19 of the 4,758
Revised Code and if the mother of the child willfully fails to 4,759
submit to genetic testing or if the mother is the custodian of 4,760
the child and willfully fails to submit the child to genetic 4,761
testing, the court, ON THE MOTION OF THE ALLEGED FATHER, shall 4,762
issue an order determining the existence of a parent and child 4,763
relationship between the father and the child without genetic 4,764
testing. If the mother or other guardian or custodian of the 4,765
child brings an action under sections 3111.01 to 3111.19 of the 4,766
Revised Code and if the alleged father of the child willfully 4,767
fails to submit himself to genetic testing or, if the alleged 4,768
father is the custodian of the child and willfully fails to 4,769
submit the child to genetic testing, the court shall issue an 4,770
order determining the existence of a parent and child 4,771
relationship between the father and the child without genetic 4,772
testing. If a party shows good cause for failing to submit to 4,773
genetic testing or for failing to submit the child to genetic 4,774
testing, the court shall not consider the failure to be willful. 4,775
(3) EXCEPT AS PROVIDED IN DIVISION (A)(4) OF THIS SECTION, 4,778
any fees charged for the tests shall be paid by the party that 4,779
requests them, unless the custodian of the child is represented 4,780
by the child support enforcement agency in its role as the agency 4,781
providing enforcement of child support orders under Title IV-D of 4,782
the "Social Security Act," 88 Stat. 2351 (1975), 42 U.S.C. 651, 4,783
as amended, the custodian is a participant in Ohio works first 4,785
under Chapter 5107. of the Revised Code for the benefit of the 4,787
child, or the defendant in the action is found to be indigent, in 4,788
which case the child support enforcement agency shall pay the 4,789
costs of genetic testing. The child support enforcement agency, 4,790
within guidelines contained in that federal law, shall use funds 4,791
110
received pursuant to Title IV-D of the "Social Security Act," 88 4,792
Stat. 2351 (1975), 42 U.S.C. 651, as amended, to pay the fees 4,793
charged for the tests. If
EXCEPT AS PROVIDED IN DIVISION (A)(4) OF THIS SECTION, IF 4,795
there is a dispute as to who shall pay the fees charged for 4,796
genetic testing, the child support enforcement agency shall pay 4,797
the fees, but neither the court nor the agency shall delay 4,798
genetic testing due to a dispute as to who shall pay the genetic 4,799
testing fees. The child support enforcement agency or the person 4,800
who paid the fees charged for the genetic testing may seek 4,801
reimbursement for the genetic testing fees from the person 4,802
against whom the court assesses the costs of the action. Any 4,803
funds used in accordance with this division by the child support 4,804
enforcement agency shall be in addition to any other funds that 4,805
the agency is entitled to receive as a result of any contractual 4,806
provision for specific funding allocations for the agency between 4,807
the county, the state, and the federal government. 4,808
(4) IF, PURSUANT TO FORMER SECTION 3111.21 OR SECTION 4,810
3111.22 OF THE REVISED CODE, THE AGENCY HAS PREVIOUSLY CONDUCTED 4,813
GENETIC TESTS ON THE CHILD, CHILD'S MOTHER, ALLEGED FATHER, OR 4,814
ANY OTHER DEFENDANT AND THE CURRENT ACTION PURSUANT TO SECTION 4,815
3111.01 TO 3111.19 OF THE REVISED CODE HAS BEEN BROUGHT TO OBJECT 4,817
TO THE RESULT OF THOSE PREVIOUS TESTS, THE AGENCY SHALL NOT BE 4,818
REQUIRED TO PAY THE FEES FOR CONDUCTING GENETIC TESTS PURSUANT TO 4,820
THIS SECTION ON THE SAME PERSONS.
(B)(1) The genetic tests shall be made by qualified 4,822
examiners who are authorized by the court or the department of 4,823
human services. An examiner conducting a genetic test, upon the 4,824
completion of the test, shall send a complete report of the test 4,825
results to the clerk of the court that ordered the test or, if 4,826
the agency is a party to the action, to the child support 4,827
enforcement agency of the county in which the court that ordered
the test is located. 4,828
(2) If a court orders the superintendent of the bureau of 4,830
111
criminal identification and investigation to disclose information 4,831
regarding a DNA record stored in the DNA database pursuant to 4,832
section 109.573 of the Revised Code, the superintendent shall 4,833
send the information to the clerk of the court that issued the 4,835
order or, if the agency is a party to the action, to the child 4,836
support enforcement agency of the county in which the court that
issued the order is located. 4,837
(3) IF A COURT ORDERS THE CHILD SUPPORT ENFORCEMENT AGENCY 4,839
TO PROVIDE THE REPORT OF THE GENETIC TEST RESULTS OBTAINED 4,840
PURSUANT TO FORMER SECTION 3111.21 OR SECTION 3111.22 OF THE 4,842
REVISED CODE, THE AGENCY SHALL SEND THE INFORMATION TO THE PERSON
OR GOVERNMENT ENTITY DESIGNATED BY THE COURT THAT ISSUED THE 4,843
ORDER.
(4) The clerk or, agency, OR PERSON OR GOVERNMENT ENTITY 4,846
UNDER DIVISION (B)(3) OF THIS SECTION that receives a report or 4,847
information pursuant to division (B)(1), (2), OR (3) of this 4,849
section shall mail a copy of the report or information to the 4,851
attorney of record for each party or, if a party is not 4,853
represented by an attorney, to the party. The clerk or, agency, 4,854
OR PERSON OR GOVERNMENT ENTITY UNDER DIVISION (B)(3) OF THIS 4,855
SECTION that receives a copy of the report or information shall 4,856
include with the report or information sent to an attorney of 4,858
record of a party or a party a notice that the party may object 4,859
to the admission into evidence of the report or information by 4,860
filing a written objection as described in division (D) of 4,861
section 3111.12 of the Revised Code with the court that ordered 4,862
the tests or ordered the disclosure of the information no later 4,863
than fourteen days after the report or information was mailed to 4,864
the attorney of record or to the party. The examiners may be 4,866
called as witnesses to testify as to their findings. Any party 4,867
may demand that other qualified examiners perform independent 4,868
genetic tests under order of the court. The number and 4,869
qualifications of the independent examiners shall be determined 4,870
by the court.
112
(C) Nothing in this section prevents any party to the 4,872
action from producing other expert evidence on the issue covered 4,873
by this section, but, if other expert witnesses are called by a 4,874
party to the action, the fees of these expert witnesses shall be 4,875
paid by the party calling the witnesses and only ordinary witness 4,876
fees for these expert witnesses shall be taxed as costs in the 4,877
action. 4,878
(D) If the court finds that the conclusions of all the 4,880
examiners are that the alleged father is not the father of the 4,881
child, the court shall enter judgment that the alleged father is 4,882
not the father of the child. If the examiners disagree in their 4,883
findings or conclusions, the court or jury shall determine the 4,884
father of the child based upon all the evidence. 4,885
(E) As used in sections 3111.01 to 3111.29 of the Revised 4,887
Code:
(1) "Genetic tests" and "genetic testing" mean either of 4,889
the following:
(a) Tissue or blood tests, including tests that identify 4,893
the presence or absence of common blood group antigens, the red 4,894
blood cell antigens, human lymphocyte antigens, serum enzymes, 4,895
serum proteins, or genetic markers; 4,896
(b) Deoxyribonucleic acid typing of blood or buccal cell 4,898
samples.
"Genetic test" and "genetic testing" may include the typing 4,900
and comparison of deoxyribonucleic acid derived from the blood of 4,901
one individual and buccal cells of another. 4,902
(2) "DNA record" and "DNA database" have the same meanings 4,905
as in section 109.573 of the Revised Code.
Sec. 3111.111. IF AN ACTION IS BROUGHT PURSUANT TO 4,907
SECTIONS 3111.01 TO 3111.19 OF THE REVISED CODE TO OBJECT TO A 4,909
DETERMINATION MADE PURSUANT TO FORMER SECTION 3111.21 OR SECTION 4,910
3111.22 OF THE REVISED CODE THAT THE ALLEGED FATHER IS THE 4,914
NATURAL FATHER OF A CHILD, THE COURT, ON ITS OWN MOTION OR ON THE 4,915
MOTION OF EITHER PARTY, SHALL ISSUE A TEMPORARY ORDER FOR THE 4,916
113
SUPPORT OF THE CHILD PURSUANT TO SECTION 3113.21 TO 3113.219 OF 4,917
THE REVISED CODE REQUIRING THE ALLEGED FATHER TO PAY SUPPORT TO 4,919
THE NATURAL MOTHER OR THE GUARDIAN OR LEGAL CUSTODIAN OF THE
CHILD. THE ORDER SHALL REMAIN IN EFFECT UNTIL THE COURT ISSUES A 4,921
JUDGMENT IN THE ACTION PURSUANT TO SECTION 3111.13 OF THE REVISED 4,922
CODE THAT DETERMINES THE EXISTENCE OR NONEXISTENCE OF A FATHER 4,923
AND CHILD RELATIONSHIP. IF THE COURT, IN ITS JUDGMENT, 4,924
DETERMINES THAT THE ALLEGED FATHER IS NOT THE NATURAL FATHER OF 4,925
THE CHILD, THE COURT SHALL ORDER THE PERSON TO WHOM THE TEMPORARY 4,926
SUPPORT WAS PAID UNDER THE ORDER TO REPAY THE ALLEGED FATHER ALL 4,927
AMOUNTS PAID FOR SUPPORT UNDER THE TEMPORARY ORDER. 4,928
Sec. 3111.12. (A) In an action under sections 3111.01 to 4,937
3111.19 of the Revised Code, the mother of the child and the 4,938
alleged father are competent to testify and may be compelled to 4,939
testify by subpoena. If a witness refuses to testify upon the 4,940
ground that the testimony or evidence of the witness might tend 4,941
to incriminate the witness and the court compels the witness to 4,942
testify, the court may grant the witness immunity from having the 4,943
testimony of the witness used against the witness in subsequent 4,944
criminal proceedings.
(B) Testimony of a physician concerning the medical 4,946
circumstances of the mother's pregnancy and the condition and 4,947
characteristics of the child upon birth is not privileged. 4,948
(C) Testimony relating to sexual access to the mother by a 4,950
man at a time other than the probable time of conception of the 4,951
child is inadmissible in evidence, unless offered by the mother. 4,952
(D) If, pursuant to section 3111.09 of the Revised Code, a 4,954
court orders genetic tests to be conducted or, orders disclosure 4,955
of information regarding a DNA record stored in the DNA database 4,957
pursuant to section 109.573 of the Revised Code, OR INTENDS TO 4,958
USE A REPORT OF GENETIC TEST RESULTS OBTAINED FROM TESTS
CONDUCTED PURSUANT TO FORMER SECTION 3111.21 OR SECTION 3111.22 4,959
OF THE REVISED CODE, a party may object to the admission into 4,961
evidence of the report ANY of the GENETIC test results or of the 4,962
114
DNA record information by filing a written objection with the 4,964
court that ordered the tests or disclosure OR INTENDS TO USE A 4,965
REPORT OF GENETIC TEST RESULTS. The party shall file the written 4,966
objection with the court no later than fourteen days after the 4,968
report of the test results or the DNA record information is 4,969
mailed to the attorney of record of a party or to a party. The 4,970
party making the objection shall send a copy of the objection to 4,971
all parties.
If a party files a written objection, the report of the 4,973
test results or the DNA record information shall be admissible 4,975
into evidence as provided by the Rules of Evidence. If a written
objection is not filed, the report of the test results or the DNA 4,976
record information shall be admissible into evidence without the 4,978
need for foundation testimony or other proof of authenticity or 4,979
accuracy.
(E) Any party to an action brought pursuant to sections 4,981
3111.01 to 3111.19 of the Revised Code may demand a jury trial by 4,982
filing the demand within three days after the action is set for 4,983
trial. If a jury demand is not filed within the three-day 4,984
period, the trial shall be by the court. 4,985
If the action is tried to a jury, the verdict of the jury 4,987
is limited only to the parentage of the child, and all other 4,988
matters involved in the action shall be determined by the court 4,989
following the rendering of the verdict IF A PARTY INTENDS TO 4,992
INTRODUCE INTO EVIDENCE INVOICES OR OTHER DOCUMENTS SHOWING
AMOUNTS EXPENDED TO COVER PREGNANCY AND CONFINEMENT AND GENETIC 4,993
TESTING, THE PARTY SHALL NOTIFY ALL OTHER PARTIES IN WRITING OF 4,994
THAT INTENT AND INCLUDE COPIES OF THE INVOICES AND DOCUMENTS. A 4,995
PARTY MAY OBJECT TO THE ADMISSION INTO EVIDENCE OF THE INVOICES 4,996
OR DOCUMENTS BY FILING A WRITTEN OBJECTION WITH THE COURT THAT IS 4,998
HEARING THE ACTION NO LATER THAN FOURTEEN DAYS AFTER THE NOTICE 4,999
AND THE COPIES OF THE INVOICES AND DOCUMENTS ARE MAILED TO THE 5,000
ATTORNEY OF RECORD OF EACH PARTY OR TO EACH PARTY.
IF A PARTY FILES A WRITTEN OBJECTION, THE INVOICES AND 5,002
115
OTHER DOCUMENTS SHALL BE ADMISSIBLE INTO EVIDENCE AS PROVIDED BY 5,003
THE RULES OF EVIDENCE. IF A WRITTEN OBJECTION IS NOT FILED, THE 5,005
INVOICES OR OTHER DOCUMENTS ARE ADMISSIBLE INTO EVIDENCE WITHOUT
THE NEED FOR FOUNDATION TESTIMONY OR OTHER EVIDENCE OF 5,007
AUTHENTICITY OR ACCURACY. 5,008
(F) A juvenile court shall give priority to actions under 5,010
sections 3111.01 to 3111.19 of the Revised Code and shall issue 5,011
an order determining the existence or nonexistence of a parent 5,012
and child relationship no later than one hundred twenty days 5,013
after the date on which the action was brought in the juvenile 5,014
court. 5,015
Sec. 3111.13. (A) The judgment or order of the court 5,024
determining the existence or nonexistence of the parent and child 5,025
relationship is determinative for all purposes. 5,026
(B) If the judgment or order of the court is at variance 5,028
with the child's birth record, the court may order that a new 5,029
birth record be issued under section 3111.18 of the Revised Code. 5,030
(C) The judgment or order may contain any other provision 5,032
directed against the appropriate party to the proceeding, 5,033
concerning the duty of support, the furnishing of bond or other 5,034
security for the payment of the judgment, or any other matter in 5,035
the best interest of the child. The judgment or order shall 5,036
direct the father to pay all or any part of the reasonable 5,037
expenses of the mother's pregnancy and confinement. After entry 5,038
of the judgment or order, the father may petition that he be 5,039
designated the residential parent and legal custodian of the 5,040
child or for visitation rights in a proceeding separate from any 5,041
action to establish paternity. Additionally, if the mother is 5,042
unmarried, the father, the parents of the father, any relative of 5,043
the father, the parents of the mother, and any relative of the 5,044
mother may file a complaint pursuant to section 3109.12 of the 5,045
Revised Code requesting the granting under that section of 5,046
reasonable companionship or visitation rights with respect to the 5,047
child. 5,048
116
The judgment or order shall contain any provision required 5,050
by division (B) of section 3111.14 of the Revised Code. 5,051
(D) Support judgments or orders ordinarily shall be for 5,053
periodic payments that may vary in amount. In the best interest 5,054
of the child, a lump-sum payment or the purchase of an annuity 5,055
may be ordered in lieu of periodic payments of support. 5,056
(E) In determining the amount to be paid by a parent for 5,058
support of the child and the period during which the duty of 5,059
support is owed, a court enforcing the obligation of support 5,060
shall comply with sections 3113.21 to 3113.219 of the Revised 5,061
Code. 5,062
(F)(1) Each order for child support made or modified under 5,064
this section on or after December 31, 1993, shall include as part 5,065
of the order a general provision, as described in division (A)(1) 5,066
of section 3113.21 of the Revised Code, requiring the withholding 5,067
or deduction of wages INCOME or assets of the obligor under the 5,068
order as described in division (D) or (H) of section 3113.21 of 5,070
the Revised Code, or another type of appropriate requirement as 5,071
described in division (D)(6)(3), (D)(7)(4), or (H) of that 5,073
section, to ensure that withholding or deduction from the wages 5,074
INCOME or assets of the obligor is available from the 5,076
commencement of the support order for collection of the support 5,077
and of any arrearages that occur; a statement requiring all 5,078
parties to the order to notify the child support enforcement 5,079
agency in writing of their current mailing address, their current 5,080
residence address, CURRENT RESIDENCE TELEPHONE NUMBER, CURRENT 5,081
DRIVER'S LICENSE NUMBER, and any changes in either address TO 5,082
THAT INFORMATION; and a notice that the requirement to notify the 5,084
agency of all changes in either address TO THAT INFORMATION
continues until further notice from the court. Any court that 5,086
makes or modifies an order for child support under this section 5,087
on or after April 12, 1990, shall comply with sections 3113.21 to 5,088
3113.219 of the Revised Code. If any person required to pay 5,089
child support under an order made under this section on or after 5,090
117
April 15, 1985, or modified on or after December 1, 1986, is 5,091
found in contempt of court for failure to make support payments 5,092
under the order, the court that makes the finding, in addition to 5,093
any other penalty or remedy imposed, shall assess all court costs 5,094
arising out of the contempt proceeding against the person and 5,095
require the person to pay any reasonable attorney's fees of any 5,096
adverse party, as determined by the court, that arose in relation 5,097
to the act of contempt. 5,098
(2) Notwithstanding section 3109.01 of the Revised Code, 5,100
if a court issues a child support order under this section, the 5,101
order shall remain in effect beyond the child's eighteenth 5,102
birthday as long as the child continuously attends on a full-time 5,103
basis any recognized and accredited high school OR THE ORDER 5,105
PROVIDES THAT THE DUTY OF SUPPORT OF THE CHILD CONTINUES BEYOND 5,106
THE CHILD'S EIGHTEENTH BIRTHDAY. EXCEPT IN CASES IN WHICH THE 5,108
ORDER PROVIDES THAT THE DUTY OF SUPPORT CONTINUES FOR ANY PERIOD 5,109
AFTER THE CHILD REACHES NINETEEN YEARS OF AGE, THE ORDER SHALL 5,110
NOT REMAIN IN EFFECT AFTER THE CHILD REACHES AGE NINETEEN. Any 5,111
parent ordered to pay support under a child support order issued 5,112
under this section shall continue to pay support under the order, 5,113
including during seasonal vacation periods, until the order 5,114
terminates. 5,115
(3) When a court determines whether to require a parent to 5,117
pay an amount for that parent's failure to support a child prior 5,118
to the date the court issues an order requiring that parent to 5,119
pay an amount for the current support of that child, it shall 5,120
consider all relevant factors, including, but not limited to, any 5,121
monetary contribution either parent of the child made to the 5,122
support of the child prior to the court issuing the order 5,123
requiring the parent to pay an amount for the current support of 5,124
the child. 5,125
(G) As used in this section, "birth record" has the same 5,127
meaning as in section 3705.01 of the Revised Code. 5,128
(H) UNLESS THE COURT HAS REASON TO BELIEVE THAT A PERSON 5,130
118
NAMED IN THE ORDER IS A POTENTIAL VICTIM OF DOMESTIC VIOLENCE, 5,131
ANY ORDER ISSUED PURSUANT TO THIS SECTION FINDING THE EXISTENCE 5,133
OF A PARENT AND CHILD RELATIONSHIP SHALL CONTAIN THE FULL NAMES, 5,134
ADDRESSES, AND SOCIAL SECURITY NUMBERS OF THE MOTHER AND FATHER 5,135
OF THE CHILD AND THE FULL NAME AND ADDRESS OF THE CHILD. 5,136
Sec. 3111.20. (A) As used in sections 3111.20 to 3111.29 5,145
of the Revised Code: 5,146
(1) "Obligor" means the person required to pay support 5,148
under an administrative support order. 5,149
(2) "Obligee" means the person entitled to receive the 5,151
support payments under an administrative support order. 5,152
(3) "Administrative support order" means an administrative 5,154
order for the payment of support that is issued by a child 5,155
support enforcement agency. 5,156
(4) "Support" means child support. 5,158
(5) "Personal earnings" means compensation paid or payable 5,160
for personal services, however denominated, and includes, but is 5,161
not limited to, wages, salary, commissions, bonuses, draws 5,162
against commissions, profit sharing, and vacation pay. 5,163
(6) "Financial institution" means a bank, savings and loan 5,165
association, or credit union, or a regulated investment company 5,166
or mutual fund in which a person who is required to pay support 5,167
has funds on deposit that are not exempt under the law of this 5,168
state or the United States from execution, attachment, or other 5,169
legal process. 5,170
(7) "Title IV-D case" means any case in which the child 5,172
support enforcement agency is enforcing the support order 5,173
pursuant to Title IV-D of the "Social Security Act," 88 Stat. 5,174
2351 (1975), 42 U.S.C. 651, as amended. 5,175
(8) "PAYOR" MEANS ANY PERSON OR ENTITY THAT DISTRIBUTES 5,178
INCOME TO AN OBLIGOR INCLUDING, THE OBLIGOR, IF THE OBLIGOR IS 5,179
SELF-EMPLOYED; AN EMPLOYER; AN EMPLOYER THAT IS PAYING THE 5,180
OBLIGOR'S WORKERS' COMPENSATION BENEFITS; THE PUBLIC EMPLOYEES 5,181
RETIREMENT BOARD; THE GOVERNING ENTITY OF ANY MUNICIPAL 5,182
119
RETIREMENT SYSTEM; THE BOARD OF TRUSTEES OF THE POLICE AND 5,183
FIREMEN'S DISABILITY AND PENSION FUND; THE STATE TEACHERS 5,184
RETIREMENT BOARD; THE SCHOOL EMPLOYEES RETIREMENT BOARD; THE 5,185
STATE HIGHWAY PATROL RETIREMENT BOARD; A PERSON PAYING OR 5,186
OTHERWISE DISTRIBUTING AN OBLIGOR'S INCOME; THE BUREAU OF 5,187
WORKERS' COMPENSATION; OR ANY OTHER PERSON OR ENTITY, EXCEPT THE 5,188
BUREAU OF EMPLOYMENT SERVICES WITH RESPECT TO UNEMPLOYMENT 5,189
COMPENSATION BENEFITS PAID PURSUANT TO CHAPTER 4141. OF THE 5,191
REVISED CODE.
(9) "INCOME" MEANS ANY FORM OF MONETARY PAYMENT INCLUDING, 5,194
PERSONAL EARNINGS; UNEMPLOYMENT COMPENSATION BENEFITS TO THE 5,195
EXTENT PERMITTED BY, AND IN ACCORDANCE WITH, SECTION 2301.371 OF 5,196
THE REVISED CODE, DIVISION (D)(4) OF SECTION 4141.28 OF THE 5,198
REVISED CODE, AND FEDERAL LAW GOVERNING THE BUREAU OF EMPLOYMENT 5,199
SERVICES; WORKERS' COMPENSATION PAYMENTS; PENSIONS; ANNUITIES; 5,201
ALLOWANCES; RETIREMENT BENEFITS; DISABILITY OR SICK PAY; 5,202
INSURANCE PROCEEDS; LOTTERY PRIZE AWARDS; FEDERAL, STATE, OR 5,203
LOCAL GOVERNMENT BENEFITS TO THE EXTENT THAT THE BENEFITS CAN BE 5,204
WITHHELD OR DEDUCTED UNDER THE LAW GOVERNING THE BENEFITS; ANY 5,205
FORM OF TRUST FUND OR ENDOWMENT; LUMP-SUM PAYMENTS; AND ANY OTHER 5,206
MONETARY PAYMENTS.
(B) A man who is presumed to be the natural father of a 5,209
child pursuant to section 3111.03 of the Revised Code assumes the 5,210
parental duty of support with respect to the child. 5,211
(C) Notwithstanding section 3109.01 of the Revised Code, a 5,213
parent's duty of support for a child shall continue beyond the 5,214
age of majority as long as the child continuously attends on a 5,215
full-time basis any recognized and accredited high school OR A 5,217
COURT-ISSUED CHILD SUPPORT ORDER PROVIDES THAT THE DUTY OF
SUPPORT CONTINUES BEYOND THE AGE OF MAJORITY. EXCEPT IN CASES IN 5,218
WHICH A CHILD SUPPORT ORDER REQUIRES THE DUTY OF SUPPORT TO 5,219
CONTINUE FOR ANY PERIOD AFTER THE CHILD REACHES NINETEEN YEARS OF 5,220
AGE, THE DUTY DOES NOT CONTINUE AFTER THE CHILD REACHES NINETEEN 5,221
YEARS OF AGE. The parental duty of support shall continue during 5,222
120
seasonal vacations. 5,223
A parent, guardian, or legal custodian of a child, the 5,225
person with whom the child resides, or the child support 5,226
enforcement agency of the county in which the child, parent, 5,227
guardian, or legal custodian of the child resides may file a 5,229
complaint pursuant to section 2151.231 of the Revised Code in the 5,230
juvenile court of that county requesting the court to order a 5,231
parent who neglects or does not assume the parental duty of 5,232
support to pay an amount for the support of the child and to 5,233
provide for the health care needs of the child AND TO PROVIDE FOR 5,234
THE HEALTH CARE NEEDS OF THE CHILD, may contact a child support 5,235
enforcement agency for assistance in obtaining the order, or may 5,236
request an administrative officer of a child support enforcement 5,237
agency to issue an administrative order for the payment of child 5,238
support AND PROVIDING FOR THE HEALTH CARE NEEDS OF THE CHILD 5,239
pursuant to division (D) of this section. Upon the filing of the 5,241
complaint or the making of the request, the court shall issue an 5,242
order requiring the payment of support for the child AND 5,243
PROVIDING FOR THE HEALTH CARE NEEDS OF THE CHILD, pursuant to
section 2151.231 of the Revised Code, or the administrative 5,245
officer, pursuant to division (D) of this section, shall issue an 5,246
order requiring the payment of support for the child AND
PROVIDING FOR THE HEALTH CARE NEEDS OF THE CHILD. 5,247
A party to a request made under this division may raise the 5,249
issue of the existence or nonexistence of a parent-child 5,250
relationship between the presumed natural father and the child 5,251
UNLESS THE PRESUMPTION IS BASED ON ACKNOWLEDGMENT OF PATERNITY 5,252
THAT HAS BECOME FINAL PURSUANT TO SECTION 2151.232, 3111.211, OR 5,253
5101.314 OF THE REVISED CODE. If a request is made for an
administrative order of PROVIDING FOR support AND HEALTH CARE 5,255
NEEDS pursuant to division (D) of this section and the issue of 5,256
the existence or nonexistence of a parent-child relationship is 5,257
raised, the administrative officer shall treat the request as a 5,258
request made pursuant to section 3111.22 of the Revised Code and 5,259
121
determine the issue pursuant to that section. The administrative 5,261
officer may issue an order pursuant to division (D) of this 5,262
section if the administrative proceeding terminates before a
determination of the existence or nonexistence of a parent-child 5,263
relationship is made and the termination is due to the presumed 5,265
natural father's failure to sign an acknowledgment of paternity, 5,266
sign an agreement to be bound by the results of genetic testing, 5,268
or appear at the administrative hearing without showing good 5,269
cause for the failure to appear, or the proceedings terminate 5,270
because of the presumed natural father's failure to submit to 5,272
genetic testing or submit the child to genetic testing. An 5,273
administrative order issued pursuant to division (D) of this 5,275
section does not preclude a party from requesting a determination 5,276
of the issue of the existence or nonexistence of a parent-child 5,277
PARENT AND CHILD relationship pursuant to this chapter if the 5,278
issue is WAS not determined with respect to the party in the 5,280
proceedings conducted pursuant to division (D) of this section OR 5,281
PURSUANT TO AN ACKNOWLEDGMENT OF PATERNITY THAT HAS BECOME FINAL 5,282
UNDER SECTION 2151.232, 3111.211, OR 5101.314 OF THE REVISED
CODE. An order issued pursuant to division (D) of this section 5,284
shall remain effective until a final and enforceable 5,285
determination is made pursuant to this chapter that a
parent-child relationship does not exist between the presumed 5,286
natural father and the child or until the occurrence of an event 5,287
described in division (E)(4)(a) of section 3111.23 of the Revised 5,288
Code that requires the order to be terminated. 5,289
(D) If a request is made pursuant to division (C) of this 5,291
section OR DIVISION (A) OF SECTION 3111.211 OF THE REVISED CODE 5,292
for an administrative order requiring the payment of child 5,294
support AND PROVIDING FOR THE HEALTH CARE NEEDS OF THE CHILD, the
administrative officer shall schedule an administrative hearing 5,296
to determine, in accordance with sections 3111.23 to 3111.29 and 5,297
3113.215 of the Revised Code, the amount of child support either 5,298
parent is required to pay and, the method of paying that child 5,300
122
support, AND THE METHOD OF PROVIDING FOR THE CHILD'S HEALTH CARE. 5,301
The hearing shall be held not later than sixty days after the 5,302
issuance of the administrative order REQUEST IS MADE PURSUANT TO 5,303
DIVISION (A) OF THIS SECTION OR DIVISION (A) OF SECTION 3111.211 5,304
OF THE REVISED CODE nor earlier than thirty days after the 5,305
officer gives the mother and father of the child notice of the 5,306
action. When an administrative officer issues an administrative 5,307
order for the payment of support AND PROVISION FOR THE CHILD'S 5,308
HEALTH CARE, all of the following apply: 5,309
(1) An THE administrative SUPPORT order for the payment of 5,312
support ordinarily shall be for REQUIRE periodic payments OF 5,313
SUPPORT that may vary in amount. In, EXCEPT THAT, IF IT IS IN 5,315
the best interest of the child, the administrative officer may 5,317
order a lump sum payment or the purchase of an annuity in lieu of 5,318
periodic payments of support.
(2) THE ADMINISTRATIVE SUPPORT ORDER SHALL REQUIRE THE 5,320
PARENTS TO PROVIDE FOR THE HEALTH CARE NEEDS OF THE CHILD IN 5,321
ACCORDANCE WITH SECTION 3111.241 OF THE REVISED CODE. 5,322
The administrative SUPPORT order for the payment of support 5,325
shall include a notice stating that the mother or the father may 5,326
object to the administrative order by bringing an action for the
payment of support AND PROVISION FOR THE CHILD'S HEALTH CARE 5,327
under section 2151.321 of the Revised Code in the juvenile court 5,329
of the county in which the child or the guardian or legal 5,330
custodian of the child resides, that the action may be brought no 5,331
later than thirty days after the date of the issuance of the 5,332
administrative SUPPORT order requiring the payment of child 5,333
support, and that, if neither the mother nor the father brings an 5,334
action for the payment of support AND PROVISION FOR THE CHILD'S
HEALTH CARE within that thirty-day period, the administrative 5,336
SUPPORT order requiring the payment of support is final and 5,338
enforceable by a court and may be modified and enforced only AS 5,339
PROVIDED in accordance with sections 3111.20 to 3111.28 and 5,340
3113.21 to 3113.219 of the Revised Code. 5,341
123
Sec. 3111.21. IF THE NATURAL MOTHER AND ALLEGED FATHER OF 5,343
A CHILD SIGN AN ACKNOWLEDGMENT OF PATERNITY AFFIDAVIT PREPARED 5,344
PURSUANT TO SECTION 5101.324 OF THE REVISED CODE WITH RESPECT TO 5,347
THAT CHILD AT A CHILD SUPPORT ENFORCEMENT AGENCY, THE AGENCY 5,348
SHALL PROVIDE A NOTARY PUBLIC TO NOTARIZE THE ACKNOWLEDGMENT. 5,349
THE AGENCY SHALL SEND A SIGNED AND NOTARIZED ACKNOWLEDGMENT OF 5,351
PATERNITY TO THE DIVISION OF CHILD SUPPORT IN THE DEPARTMENT OF 5,352
HUMAN SERVICES PURSUANT TO SECTION 5101.314 OF THE REVISED CODE. 5,354
THE AGENCY SHALL SEND THE ACKNOWLEDGMENT NO LATER THAN TEN DAYS 5,355
AFTER IT HAS BEEN SIGNED AND NOTARIZED. IF THE AGENCY KNOWS A 5,356
MAN IS PRESUMED UNDER SECTION 3111.03 OF THE REVISED CODE TO BE 5,357
THE FATHER OF THE CHILD, THE AGENCY SHALL NOT NOTARIZE OR SEND AN 5,359
ACKNOWLEDGMENT WITH RESPECT TO THE CHILD PURSUANT TO THIS
SECTION. 5,360
Sec. 3111.211. (A) IF AN ACKNOWLEDGMENT HAS BEEN FILED 5,362
AND ENTERED INTO THE BIRTH REGISTRY PURSUANT TO SECTION 5101.314 5,363
OF THE REVISED CODE BUT HAS NOT YET BECOME FINAL, EITHER OF THE 5,365
PERSONS WHO SIGNED THE ACKNOWLEDGMENT MAY REQUEST THAT AN 5,366
ADMINISTRATIVE OFFICER OF A CHILD SUPPORT ENFORCEMENT AGENCY 5,367
ISSUE AN ADMINISTRATIVE ORDER PURSUANT TO DIVISION (B) OF THIS 5,368
SECTION FOR PAYMENT OF CHILD SUPPORT AND PROVIDING FOR THE HEALTH 5,369
CARE NEEDS OF THE CHILD.
A PARTY TO A REQUEST MADE UNDER THIS SECTION MAY RAISE THE 5,371
ISSUE OF THE EXISTENCE OR NONEXISTENCE OF A PARENT AND CHILD 5,372
RELATIONSHIP. IF A REQUEST IS MADE PURSUANT TO THIS SECTION AND 5,373
THE ISSUE OF THE EXISTENCE OR NONEXISTENCE OF A PARENT AND CHILD 5,374
RELATIONSHIP IS RAISED, THE ADMINISTRATIVE OFFICER SHALL TREAT 5,375
THE REQUEST AS A REQUEST MADE PURSUANT TO SECTION 3111.22 OF THE 5,376
REVISED CODE AND DETERMINE THE ISSUE IN ACCORDANCE WITH THAT 5,378
SECTION. THE ADMINISTRATIVE OFFICER SHALL PROMPTLY NOTIFY THE 5,379
DIVISION OF CHILD SUPPORT IN THE DEPARTMENT OF HUMAN SERVICES 5,380
THAT PROCEEDINGS ARE BEING CONDUCTED IN COMPLIANCE WITH SECTION 5,381
3111.22 OF THE REVISED CODE. ON RECEIPT OF THE NOTICE BY THE 5,382
DIVISION, THE ACKNOWLEDGMENT OF PATERNITY SIGNED BY THE PARTIES 5,383
124
AND FILED PURSUANT TO SECTION 5101.314 OF THE REVISED CODE SHALL 5,385
BE CONSIDERED RESCINDED.
IF THE PARTIES DO NOT RAISE THE ISSUE OF THE EXISTENCE OR 5,387
NONEXISTENCE OF A PARENT AND CHILD RELATIONSHIP PURSUANT TO THE 5,388
REQUEST MADE UNDER THIS SECTION AND AN ADMINISTRATIVE ORDER IS 5,390
ISSUED PURSUANT TO DIVISION (B) OF THIS SECTION PRIOR TO THE DATE 5,391
THE ACKNOWLEDGMENT FILED AND ENTERED ON THE BIRTH REGISTRY UNDER 5,392
SECTION 5101.314 OF THE REVISED CODE BECOMES FINAL, THE 5,394
ACKNOWLEDGMENT SHALL BE CONSIDERED FINAL AS OF THE DATE OF THE 5,395
ISSUANCE OF THE ORDER. AN ADMINISTRATIVE ORDER ISSUED PURSUANT 5,396
TO DIVISION (B) OF THIS SECTION SHALL NOT AFFECT AN 5,397
ACKNOWLEDGMENT THAT BECOMES FINAL PURSUANT TO SECTION 5101.314 OF 5,398
THE REVISED CODE PRIOR TO THE ISSUANCE OF THE ORDER. 5,400
(B) IF A REQUEST IS MADE PURSUANT TO DIVISION (A) OF THIS 5,403
SECTION FOR AN ADMINISTRATIVE ORDER REQUIRING THE PAYMENT OF 5,404
CHILD SUPPORT AND PROVIDING FOR THE HEALTH CARE NEEDS OF THE 5,405
CHILD, THE ADMINISTRATIVE OFFICER SHALL COMPLY WITH THE 5,406
REQUIREMENTS OF DIVISION (D) OF SECTION 3111.20 OF THE REVISED 5,408
CODE AND SHALL ISSUE A SUPPORT ORDER IN ACCORDANCE WITH THAT 5,409
DIVISION.
Sec. 3111.22. (A)(1) Except as otherwise provided in 5,418
division (A)(2) of this section, no person may bring an action 5,419
under sections 3111.01 to 3111.19 of the Revised Code before 5,420
requesting an administrative determination of the existence or 5,421
nonexistence of a parent and child relationship from the child 5,422
support enforcement agency of the county in which the child or 5,423
the guardian or legal custodian of the child resides. 5,424
(2) If the alleged father of a child is deceased and 5,426
proceedings for the probate of the estate of the alleged father 5,427
have been or can be commenced, the court with jurisdiction over 5,428
the probate proceedings shall retain jurisdiction to determine 5,429
the existence or nonexistence of a parent and child relationship 5,430
between the alleged father and any child without an 5,431
administrative determination being requested from a child support 5,432
125
enforcement agency. If an action for divorce, dissolution of 5,433
marriage, or legal separation, or an action under section 5,434
2151.231 of the Revised Code requesting an order requiring the 5,435
payment of child support AND PROVISION FOR THE HEALTH CARE OF A 5,436
CHILD, has been filed in a court of common pleas and a question 5,438
as to the existence or nonexistence of a parent and child 5,439
relationship arises, the court in which the original action was 5,440
filed shall retain jurisdiction to determine the existence or 5,441
nonexistence of the parent and child relationship without an 5,442
administrative determination being requested from a child support 5,443
enforcement agency. If a juvenile court issues a support order 5,444
under section 2151.231 of the Revised Code relying on a 5,445
presumption under section 3111.03 of the Revised Code, the 5,446
juvenile court that issued the support order shall retain 5,448
jurisdiction if a question as to the existence of a parent and 5,449
child relationship arises.
(B) Except as provided in division (A)(2) of this section, 5,451
before a person brings an action pursuant to sections 3111.01 to 5,452
3111.19 of the Revised Code to determine the existence or 5,453
nonexistence of a parent and child relationship, the person shall 5,455
request the child support enforcement agency of the county in 5,456
which the child or the guardian or legal custodian of the child 5,457
resides to determine the existence or nonexistence of a parent 5,458
and child relationship between the alleged father and the child. 5,459
If more than one agency receives a request pursuant to this 5,460
section, the agency that receives the request first shall proceed 5,461
with the request. The request shall contain all of the following 5,462
information: 5,463
(1) The name, birthdate, and current address of the 5,465
alleged father of the child; 5,466
(2) The name, social security number, and current address 5,468
of the mother of the child; 5,469
(3) The name and last known address of the alleged father 5,471
of the child; 5,472
126
(4) THE NAME AND BIRTHDATE OF THE CHILD. 5,474
(C)(1) Upon receiving a request for a determination of the 5,476
existence or nonexistence of a parent and child relationship in 5,477
accordance with division (B) of this section, the agency shall 5,478
schedule a hearing before an administrative officer to determine 5,479
whether the natural mother and the alleged natural father would 5,480
voluntarily sign an acknowledgment of paternity or agree to be 5,481
bound to the results of genetic testing. The hearing shall be 5,482
held no later than sixty days after the date on which the request 5,483
was received and no earlier than thirty days after the date the 5,484
agency provides notice of the hearing to the mother and the 5,485
alleged father ASSIGN AN ADMINISTRATIVE OFFICER TO CONSIDER THE 5,486
REQUEST. THE ADMINISTRATIVE OFFICER MAY SCHEDULE A CONFERENCE 5,488
WITH THE MOTHER AND THE ALLEGED FATHER TO PROVIDE INFORMATION AND 5,489
THE OPPORTUNITY TO SIGN AN ACKNOWLEDGMENT OF PATERNITY AFFIDAVIT 5,490
PREPARED PURSUANT TO SECTION 5101.324 OF THE REVISED CODE. IF 5,492
THE MOTHER AND ALLEGED FATHER DO NOT SIGN THE AFFIDAVIT AT A 5,493
CONFERENCE HELD BY THE ADMINISTRATIVE OFFICER, THE ADMINISTRATIVE 5,495
OFFICER SHALL ISSUE AN ORDER REQUIRING THE CHILD, THE MOTHER, AND 5,496
THE ALLEGED FATHER TO SUBMIT TO GENETIC TESTING. IN THE ORDER, 5,497
THE AGENCY SHALL SCHEDULE THE GENETIC TESTS FOR THE MOTHER, 5,498
ALLEGED FATHER, AND CHILD ON A DATE THAT IS NO LATER THAN 5,499
FORTY-FIVE DAYS AFTER THE DATE OF ASSIGNMENT OF THE
ADMINISTRATIVE OFFICER AND SHALL REQUIRE THE TESTS TO BE 5,501
CONDUCTED IN ACCORDANCE WITH THE RULES ADOPTED BY THE DEPARTMENT 5,502
OF HUMAN SERVICES PURSUANT TO SECTION 2301.35 OF THE REVISED 5,503
CODE.
After scheduling the hearing, the THE agency shall give 5,505
ATTACH A notice TO THE ORDER AND SEND BOTH in accordance with the 5,507
Rules of Civil Procedure to the mother and the alleged father 5,509
stating. THE NOTICE SHALL STATE all of the following: 5,510
(a) That the agency has been requested to determine the 5,512
existence of a parent and child relationship between a child and 5,513
the alleged named father; 5,514
127
(b) The name and birthdate of the child of which the man 5,516
is alleged to be the natural father; 5,517
(c) The name of the mother and the alleged natural father; 5,519
(d) The rights and responsibilities of a parent; 5,521
(e) That the person served with notice must appear at the 5,523
administrative hearing at the date, time, and location set forth 5,524
in the notice, that all interested persons will have the 5,525
opportunity to produce evidence proving or disproving the 5,526
allegation, and that the child, the mother, and the alleged 5,527
father may be required to MUST submit to genetic testing at the 5,528
DATE, time of the hearing, AND PLACE DETERMINED BY THE AGENCY IN 5,530
THE ORDER ISSUED PURSUANT TO DIVISION (C)(1) OF THIS SECTION; 5,531
(f) That any person served with notice has the right to 5,533
bring legal counsel to the THE administrative hearing PROCEDURE 5,535
FOR DETERMINING THE EXISTENCE OF A PARENT AND CHILD RELATIONSHIP; 5,536
(g) THAT IF THE ALLEGED FATHER OR NATURAL MOTHER WILLFULLY 5,538
FAILS TO SUBMIT TO GENETIC TESTING, OR THE ALLEGED FATHER, 5,539
NATURAL MOTHER, OR THE CUSTODIAN OF THE CHILD WILLFULLY FAILS TO 5,540
SUBMIT THE CHILD TO GENETIC TESTING, THE AGENCY SHALL ISSUE AN 5,541
ORDER THAT IT IS INCONCLUSIVE WHETHER THE ALLEGED FATHER IS THE 5,542
CHILD'S NATURAL FATHER; 5,543
(h) THAT IF THE ALLEGED FATHER OR NATURAL MOTHER WILLFULLY 5,546
FAILS TO SUBMIT TO GENETIC TESTING, OR THE ALLEGED FATHER, 5,547
NATURAL MOTHER, OR CUSTODIAN OF THE CHILD WILLFULLY FAILS TO 5,548
SUBMIT THE CHILD TO GENETIC TESTING, THEY MAY BE FOUND IN 5,549
CONTEMPT OF COURT.
(2) If both the mother and the alleged father attend the 5,551
hearing scheduled under division (C)(1) of this section, the 5,552
administrative officer shall do both of the following: 5,553
(a) Explain the allegation, the administrative procedure 5,555
for determining the existence of a parent and child relationship, 5,556
and the rights and responsibilities of a parent to a child; 5,557
(b) Explain that the mother and the alleged father have 5,559
the right to not dispute the allegation and sign an 5,560
128
acknowledgment of paternity acknowledging that the child is the 5,561
child of the alleged father and agree that the father will assume 5,562
the parental duty of support. 5,563
(3) If both the mother and the alleged father sign an 5,565
acknowledgment of paternity, the administrative officer shall 5,566
issue an administrative order that the alleged father is the 5,567
father of the child who is the subject of the proceeding. The 5,568
order shall include any information that the department requires 5,569
pursuant to section 2301.35 of the Revised Code and shall include 5,570
a statement that the mother and father may object to the 5,571
determination by bringing an action under sections 3111.01 to 5,572
3111.19 of the Revised Code within thirty days after the date the 5,573
administrative officer issued the administrative order 5,574
determining the existence of a parent and child relationship 5,575
between the alleged natural father and the child. 5,576
(4) If an administrative officer issues an administrative 5,578
order determining the existence of a parent and child 5,579
relationship pursuant to division (C)(3) of this section or if an 5,580
acknowledgment of paternity is filed pursuant to section 2105.18 5,581
of the Revised Code and one of the parents named on the 5,582
acknowledgment of paternity requests an administrative officer to 5,583
issue an administrative order requiring the payment of child 5,584
support, the administrative officer shall schedule an 5,585
administrative hearing to determine, in accordance with sections 5,586
3111.23 to 3111.29 and 3113.215 of the Revised Code, the amount 5,588
of child support any parent is required to pay and the method of 5,589
payment of the child support. The hearing shall be held no later 5,590
than sixty days after the date of the issuance of the order and 5,591
no earlier than thirty days after the date the agency gives the 5,592
mother and the father notice of the administrative hearing. When 5,593
an administrative officer issues an administrative order for the 5,594
payment of support, all of the following apply: 5,595
(a) An administrative order for the payment of support 5,597
ordinarily shall be for periodic payments that may vary in 5,598
129
amount. In the best interest of the child, the administrative 5,599
officer may order a lump sum payment or the purchase of an 5,600
annuity in lieu of periodic payments of support. 5,601
(b) The administrative order for the payment of support 5,603
shall include a notice stating that the mother or the father may 5,604
object to an administrative order by bringing an action for the 5,605
payment of support under section 2151.231 of the Revised Code in 5,606
the juvenile court of the county in which the child or the 5,607
guardian or legal custodian of the child resides, that the action 5,608
may be brought no later than thirty days after the date of the 5,609
issuance of the administrative order requiring the payment of 5,610
child support, and that, if neither the mother nor the father 5,611
brings an action for the payment of support within that 5,612
thirty-day period, the administrative order requiring the payment 5,613
of support is final and enforceable by a court and may be 5,614
modified and enforced only in accordance with sections 3111.20 to 5,616
3111.28 and 3113.21 to 3113.219 of the Revised Code. 5,617
(5)(a) If both the mother and the alleged father attend 5,619
the administrative hearing scheduled under division (C)(1) of 5,620
this section but do not sign an acknowledgment of paternity, the 5,621
administrative officer shall explain to the mother and the father 5,622
that they have the right to agree to be bound by the results of 5,623
genetic testing, that, if they agree to be bound by genetic 5,624
testing and the results show a ninety-five per cent or greater 5,625
probability that the alleged father is the natural father of the 5,626
child, the administrative officer will issue an administrative 5,627
order that the alleged father is the father of the child, that, 5,628
if the results of the genetic testing show a less than 5,629
ninety-five per cent probability that the alleged father is the 5,630
natural father of the child but do not exclude the alleged father 5,631
as the natural father of the child, the administrative officer 5,632
will issue an administrative order stating that it is 5,633
inconclusive whether the alleged father is the natural father of 5,634
the child, and that if the results show that the alleged father 5,635
130
is excluded as the natural father of the child, the 5,636
administrative officer will issue an administrative order that 5,637
the alleged father is not the father of the child. 5,638
(b) If both the mother and the alleged father sign a 5,640
voluntary agreement to genetic testing stating that they agree to 5,641
be bound by the results of genetic testing performed by an 5,642
examiner authorized by the department of human services and that 5,643
they waive any right to a jury trial, the administrative officer 5,644
shall schedule a date and time for the mother, the child, and the 5,645
alleged father to submit to genetic testing in accordance with 5,646
the rules adopted by the department of human services pursuant to 5,647
section 2301.35 of the Revised Code. If the natural mother and 5,648
the alleged father both sign a voluntary agreement to genetic 5,649
testing, all THE GENETIC TESTING SHALL BE CONDUCTED BY A 5,652
QUALIFIED EXAMINER AUTHORIZED BY THE DEPARTMENT OF HUMAN 5,653
SERVICES. ON COMPLETION OF THE GENETIC TESTS, THE EXAMINER SHALL 5,654
SEND A COMPLETE REPORT OF THE TEST RESULTS TO THE AGENCY. THE 5,655
ADMINISTRATIVE OFFICER SHALL DO ONE of the following apply: 5,656
(i)(a) If the results of the genetic testing show a 5,658
ninety-five NINETY-NINE per cent or greater probability that the 5,659
alleged father is the natural father of the child, the 5,661
administrative officer of the agency shall issue an 5,662
administrative order that the alleged father is the father of the 5,663
child who is the subject of the proceeding. 5,664
(ii)(b) If the results of genetic testing show less than a 5,666
ninety-five NINETY-NINE per cent probability that the alleged 5,667
father is the natural father of the child but do not exclude the 5,669
alleged father from being the natural father of the child, the 5,670
administrative officer shall issue an administrative order 5,671
stating that it is inconclusive whether the alleged father is the 5,672
natural father of the child. 5,673
(iii)(c) If the results of the genetic testing exclude the 5,675
alleged father from being the natural father of the child, the 5,676
administrative officer shall issue an administrative order that 5,677
131
the alleged father is not the father of the child who is the 5,678
subject of the proceeding. 5,679
(iv) AN ADMINISTRATIVE OFFICER SHALL INCLUDE WITH ANY 5,681
ORDER THE OFFICER ISSUES PURSUANT TO DIVISION (C)(2)(a) OR (c) OF 5,684
THIS SECTION A NOTICE THAT CONTAINS THE INFORMATION DESCRIBED IN
DIVISION (D) OF THIS SECTION INFORMING THE MOTHER, FATHER, AND 5,685
THE GUARDIAN OR LEGAL CUSTODIAN OF THE CHILD OF THE RIGHT TO 5,686
OBJECT TO THE ORDER. 5,687
(D) When an administrative officer issues an 5,689
administrative order determining the existence or nonexistence of 5,690
a parent and child relationship pursuant to DIVISION (C)(2)(a) OR 5,692
(c) OF this section, the officer shall include in the 5,694
administrative order a notice that both the mother and the, 5,696
alleged father, AND THE GUARDIAN OR LEGAL CUSTODIAN OF THE CHILD 5,697
may object to the determination by bringing, within thirty days 5,698
after the date the administrative officer issued the order, an 5,699
action under sections 3111.01 to 3111.19 of the Revised Code in 5,700
the juvenile court in the county in which the alleged father, the 5,701
mother, the child, or the guardian or custodian of the child 5,702
resides and that if neither brings AGENCY THAT EMPLOYS THE 5,703
ADMINISTRATIVE OFFICER IS LOCATED. IF THE MOTHER, ALLEGED 5,704
FATHER, OR GUARDIAN OR LEGAL CUSTODIAN DOES NOT BRING an action 5,705
within that thirty-day period, the administrative order is final 5,706
and enforceable by a court AND MAY NOT BE CHALLENGED IN AN ACTION 5,707
OR PROCEEDING UNDER CHAPTER 3111. OF THE REVISED CODE.
(c)(E)(1) If an administrative officer issues an 5,709
administrative order determining the existence of a parent and 5,711
child relationship between the alleged father and the child 5,712
PURSUANT TO DIVISION (C)(2)(a) OF THIS SECTION, the 5,713
administrative officer shall schedule an administrative hearing 5,714
to determine, in accordance with sections 3111.23 to 3111.29 and 5,716
3113.215 of the Revised Code, the amount of child support any
parent is required to pay and, the method of payment of child 5,717
support, AND THE METHOD OF PROVIDING FOR THE CHILD'S HEALTH CARE. 5,719
132
The hearing shall be held no later than sixty days after the date 5,720
of the issuance of the order and no earlier than thirty days 5,721
after the date the administrative officer gives the mother and 5,722
the father notice of the administrative hearing. WHEN AN
ADMINISTRATIVE OFFICER ISSUES AN ADMINISTRATIVE ORDER FOR THE 5,724
PAYMENT OF SUPPORT AND PROVISION FOR THE CHILD'S HEALTH CARE, ALL 5,725
OF THE FOLLOWING APPLY:
(a) THE ADMINISTRATIVE SUPPORT ORDER SHALL REQUIRE 5,727
PERIODIC PAYMENTS OF SUPPORT THAT MAY VARY IN AMOUNT, EXCEPT 5,728
THAT, IF IT IS IN THE BEST INTEREST OF THE CHILD, THE 5,729
ADMINISTRATIVE OFFICER MAY ORDER A LUMP-SUM PAYMENT OR THE 5,730
PURCHASE OF AN ANNUITY IN LIEU OF PERIODIC PAYMENTS OF SUPPORT. 5,732
(b) THE ADMINISTRATIVE SUPPORT ORDER SHALL REQUIRE THE 5,735
PARENTS TO PROVIDE FOR THE HEALTH CARE NEEDS OF THE CHILD IN
ACCORDANCE WITH SECTION 3111.241 OF THE REVISED CODE. 5,738
(c) THE ADMINISTRATIVE SUPPORT ORDER SHALL INCLUDE A 5,741
NOTICE INFORMING THE MOTHER, FATHER, AND THE LEGAL GUARDIAN OR
CUSTODIAN OF THE CHILD OF THE RIGHT TO OBJECT TO THE ORDER AND 5,743
CONTAINING THE INFORMATION DESCRIBED IN DIVISION (E)(2) OF THIS 5,744
SECTION. 5,745
(d)(2) The mother or the, father, OR THE LEGAL GUARDIAN OR 5,748
CUSTODIAN OF THE CHILD may object to the administrative order by 5,749
bringing an action for the payment of support AND PROVISION FOR 5,750
THE CHILD'S HEALTH CARE under section 2151.231 of the Revised 5,751
Code in the juvenile court of the county in which the child or 5,752
the guardian or legal custodian of the child resides AGENCY THAT 5,753
EMPLOYS THE ADMINISTRATIVE OFFICER IS LOCATED. The action shall 5,754
be brought no later than thirty days after the date of the 5,755
issuance of the administrative SUPPORT order requiring the 5,756
payment of child support. If neither the mother nor the father 5,757
brings an action for the payment of support AND PROVISION FOR THE 5,758
CHILD'S HEALTH CARE within that thirty-day period, the 5,759
administrative SUPPORT order requiring the payment of support is 5,760
final and enforceable by a court and may be modified and enforced 5,761
133
only AS PROVIDED in accordance with sections 3111.20 to 3111.28 5,762
and 3113.21 to 3113.219 of the Revised Code. 5,763
(e)(F) If the alleged natural father or the natural mother 5,766
willfully fails to submit to genetic testing or if either parent
or any other person who is the custodian of the child willfully 5,767
fails to submit the child to genetic testing, the agency shall 5,768
enter an administrative order stating that it is inconclusive as 5,769
to whether the alleged natural father is the natural father of 5,770
the child and shall provide A notice to the parties INFORMING 5,771
THEM that an action may be brought under sections 3111.01 to 5,773
3111.19 of the Revised Code to establish a parent and child 5,774
relationship.
(6) If the mother and the alleged father both do not sign 5,776
an acknowledgment of paternity or an agreement to be bound by the 5,777
results of genetic testing or if either the mother or the natural 5,778
father does not appear at the administrative hearing and does not 5,779
show good cause why he or she did not appear at the 5,780
administrative hearing, the agency shall deny and dismiss the 5,781
request for an administrative determination of the existence or 5,782
nonexistence of a parent and child relationship and inform the 5,783
mother and the alleged father that they may bring an action under 5,784
sections 3111.01 to 3111.19 of the Revised Code to determine the 5,785
existence of a parent and child relationship. 5,786
(D)(1) The guardian or legal custodian of a child may 5,788
object to an administrative officer's determination of the 5,789
existence or nonexistence of a parent and child relationship by 5,790
bringing an action under sections 3111.01 to 3111.19 of the 5,791
Revised Code in the juvenile court of the county in which the 5,792
child, the mother, or the alleged father resides or is found to 5,793
determine the existence or nonexistence of a parent and child 5,794
relationship. The action shall be brought no later than thirty 5,795
days after the date of the issuance of the administrative order 5,796
determining the existence or nonexistence of a parent and child 5,797
relationship. If neither the mother nor the alleged father files 5,798
134
an action under sections 3111.01 to 3111.19 of the Revised Code 5,799
in the juvenile court within the thirty-day period, the 5,800
administrative order determining a parent and child relationship 5,801
is final and enforceable by a court. 5,802
(2) The mother or the father of a child may object to an 5,804
administrative officer's administrative order for the payment of 5,805
support by bringing an action for the payment of support under 5,806
section 2151.231 of the Revised Code in the juvenile court of the 5,807
county in which the child or the guardian or legal custodian of 5,808
the child resides. The action shall be brought no later than 5,809
thirty days after the date the administrative officer issued the 5,810
administrative order requiring the payment of child support. If 5,811
neither the mother nor the alleged father files an action for the 5,812
payment of support in the juvenile court within the thirty-day 5,813
period, the administrative order requiring the payment of support 5,814
is final and enforceable by a court and may be modified and 5,815
enforced only in accordance with sections 3111.20 to 3111.28 and 5,816
3113.21 to 3113.219 of the Revised Code. 5,817
(G) UNLESS THE AGENCY HAS REASON TO BELIEVE THAT A PERSON 5,819
NAMED IN THE ORDER IS A POTENTIAL VICTIM OF DOMESTIC VIOLENCE, 5,820
ANY ORDER ISSUED PURSUANT TO THIS SECTION FINDING THE EXISTENCE 5,822
OF A PARENT AND CHILD RELATIONSHIP SHALL CONTAIN THE FULL NAMES, 5,823
ADDRESSES, AND SOCIAL SECURITY NUMBERS OF THE MOTHER AND FATHER 5,824
OF THE CHILD AND THE FULL NAME AND ADDRESS OF THE CHILD. THE 5,825
AGENCY, AS PART OF AN ORDER DETERMINING THE EXISTENCE OF A PARENT 5,826
AND CHILD RELATIONSHIP ISSUED PURSUANT TO THIS SECTION, MAY ORDER 5,827
THE SURNAME OF THE CHILD SUBJECT TO THE DETERMINATION TO BE 5,828
CHANGED AND ORDER THE CHANGE TO BE MADE ON THE CHILD'S BIRTH 5,829
RECORD CONSISTENT WITH THE ORDER IF THE PARTIES AGREE TO THE 5,831
CHANGE.
(H) AN ADMINISTRATIVE SUPPORT ORDER ISSUED PURSUANT TO 5,834
SECTION 3111.21 OF THE REVISED CODE PRIOR TO THE EFFECTIVE DATE 5,837
OF THIS AMENDMENT THAT IS IN EFFECT ON THE EFFECTIVE DATE OF THIS 5,838
AMENDMENT SHALL REMAIN IN EFFECT ON AND AFTER THE EFFECTIVE DATE 5,839
135
OF THE AMENDMENT AND SHALL BE CONSIDERED AN ADMINISTRATIVE
SUPPORT ORDER ISSUED PURSUANT TO THIS SECTION FOR ALL PURPOSES. 5,841
(I) AS USED IN THIS SECTION, "BIRTH RECORD" HAS THE SAME 5,843
MEANING AS IN SECTION 3705.01 OF THE REVISED CODE. 5,844
Sec. 3111.221. AS USED IN THIS SECTION, "BIRTH RECORD" HAS 5,846
THE SAME MEANING AS IN SECTION 3705.01 OF THE REVISED CODE. 5,847
IF AN ADMINISTRATIVE ORDER DETERMINING THE EXISTENCE OR 5,849
NONEXISTENCE OF A PARENT AND CHILD RELATIONSHIP INCLUDES A 5,850
FINDING THAT THE CHILD'S FATHER IS A MAN OTHER THAN THE MAN NAMED 5,851
IN THE CHILD'S BIRTH RECORD AS THE FATHER OR IS OTHERWISE AT 5,852
VARIANCE WITH THE CHILD'S BIRTH RECORD, THE AGENCY THAT MADE THE 5,853
DETERMINATION SHALL NOTIFY THE DEPARTMENT OF HEALTH OF THE 5,854
DETERMINATION AS SOON AS ANY PERIOD FOR OBJECTION TO THE
DETERMINATION PROVIDED FOR IN FORMER SECTION 3111.21 OR SECTION 5,855
3111.22 OF THE REVISED CODE HAS ELAPSED.
ON RECEIPT OF NOTICE UNDER THIS SECTION OR NOTICE FROM AN 5,857
AGENCY OF ANOTHER STATE WITH AUTHORITY TO MAKE PATERNITY 5,858
DETERMINATIONS THAT HAS MADE A DETERMINATION OF THE EXISTENCE OR 5,859
NONEXISTENCE OF A PARENT AND CHILD RELATIONSHIP, THE DEPARTMENT 5,860
OF HEALTH SHALL PREPARE A NEW BIRTH RECORD CONSISTENT WITH THE 5,862
AGENCY'S DETERMINATION AND SUBSTITUTE THE NEW RECORD FOR THE 5,863
ORIGINAL BIRTH RECORD.
Sec. 3111.23. (A)(1) If an administrative officer of a 5,872
child support enforcement agency issues an administrative support 5,873
order under section 3111.20, 3111.21 3111.211, or 3111.22 of the 5,875
Revised Code, the agency shall require the withholding or 5,877
deduction of an amount of the wages INCOME or assets of the 5,878
obligor in accordance with division (B) of this section OR
REQUIRE THE ISSUANCE OF AN ORDER IN ACCORDANCE WITH SECTION 5,879
3111.231 OF THE REVISED CODE to ensure that withholding or 5,881
deduction from the wages INCOME or assets of the obligor is 5,882
available from the commencement of the administrative support 5,883
order for the collection of the support and any arrearages that 5,884
occur. The agency shall determine the specific withholding or 5,885
136
deduction requirements OR OTHER REQUIREMENT applicable to the 5,886
obligor under the administrative support order in accordance with
division (B) of this section AND SECTION 3111.231 OF THE REVISED 5,887
CODE and shall include the specific requirements in the notices 5,888
described in divisions (A)(2) and (B) of this section OR IN AN 5,890
ORDER DESCRIBED UNDER SECTION 3111.231 OF THE REVISED CODE. Any 5,891
person required to comply with the withholding or deduction 5,892
requirements shall determine the manner of withholding or 5,893
deducting an amount of the wages INCOME or assets of the obligor 5,894
in accordance with the specific requirements included in the 5,895
notices described in those divisions without the need for any 5,896
amendment to the administrative support order. ANY PERSON
REQUIRED TO COMPLY WITH AN ORDER DESCRIBED IN SECTION 3111.231 OF 5,897
THE REVISED CODE SHALL COMPLY WITHOUT THE NEED FOR ANY AMENDMENT 5,898
TO THE ADMINISTRATIVE ORDER. The agency shall include in an 5,899
administrative support order under section 3111.20, 3111.21 5,900
3111.211, or 3111.22 of the Revised Code a general provision that 5,901
states the following:
"All child support ordered by this administrative support 5,903
order shall be withheld or deducted from the wages INCOME or 5,904
assets of the obligor pursuant to a withholding or deduction 5,906
notice issued in accordance with section 3111.23 of the Revised 5,908
Code OR A WITHDRAWAL DIRECTIVE ISSUED PURSUANT TO SECTION
3113.214 OF THE REVISED CODE and shall be forwarded to the 5,909
obligee in accordance with sections 3111.23 to 3111.28 of the 5,910
Revised Code." 5,911
(2) In any action in which support is ordered or modified 5,913
under an administrative support order as described in division 5,914
(A)(1) of this section, the child support enforcement agency 5,915
shall determine in accordance with division (B) of this section 5,916
OR SECTION 3111.231 OF THE REVISED CODE the types of withholding 5,917
or deduction requirements OR OTHER REQUIREMENTS that should be 5,918
imposed relative to the obligor under the administrative support 5,919
order to collect the support due under the order. Within fifteen 5,920
137
days after the obligor under the administrative support order is 5,921
located subsequent to the issuance of the administrative support 5,922
order or within fifteen days after the default under the 5,923
administrative support order, whichever is applicable, the agency 5,924
shall send a notice by regular mail to each person required to 5,925
comply with a withholding or deduction requirement. The notice 5,926
shall specify the withholding or deduction requirement and shall 5,927
contain all of the information set forth in division (B)(1)(b), 5,928
OR (2)(b), (3)(b), (4)(b), or (5)(b) of this section that is 5,929
applicable to the requirement. The notices, plus the notices 5,930
provided by the child support enforcement agency that require the 5,931
obligor to notify the agency of any change in the obligor's 5,932
employment status or of any other change in the status of the 5,933
obligor's assets, are final and are enforceable by the court. 5,935
The agency shall provide the notice to the obligor in accordance 5,936
with division (B)(1)(c), OR (2)(c), (3)(c), (4)(c), or (5)(c) of 5,937
this section, whichever is applicable, and shall include with 5,938
that notice the additional notices described in the particular 5,939
division that is applicable.
(3)(a) If support is ordered or modified on or after 5,941
December 31, 1993, under an administrative support order issued 5,942
under FORMER SECTION 3111.21 OR section 3111.20, 3111.21 5,944
3111.211, or 3111.22 of the Revised Code, if the child support
enforcement agency has determined in accordance with division 5,946
(A)(2) of this section the types of withholding or deduction 5,947
requirements OR OTHER REQUIREMENTS that should be imposed
relative to the obligor under the support order to collect the 5,949
support due under the order, if the agency has sent the 5,950
appropriate WITHHOLDING OR DEDUCTION notices OR ISSUED AND SENT 5,951
AN ORDER UNDER SECTION 3111.231 OF THE REVISED CODE to the 5,952
persons required to comply with the withholding or deduction
requirements OR ORDER that the agency determined should be 5,953
imposed, and if the agency is notified or otherwise determines 5,954
that the employment status or other circumstances of the obligor 5,955
138
have changed, the agency shall conduct an investigation to 5,956
determine whether it is more appropriate to impose another type 5,957
of or an additional withholding or deduction requirement OR ORDER 5,958
regarding the administrative support order and shall issue and 5,959
send by regular mail one or more notices described in division 5,960
(B) of this section OR AN ORDER PURSUANT TO SECTION 3111.231 OF 5,961
THE REVISED CODE that it determines are appropriate. THE AGENCY 5,962
SHALL IMMEDIATELY CANCEL ANY PREVIOUSLY ISSUED NOTICE OR ORDER 5,963
THAT NO LONGER IS APPROPRIATE AND SEND WRITTEN NOTICE OF THE 5,964
CANCELLATION BY REGULAR MAIL TO THE PERSON REQUIRED TO COMPLY 5,965
WITH THE PREVIOUSLY ISSUED NOTICE OR ORDER. The notices shall be 5,966
sent within fifteen days after the obligor under the 5,967
administrative support order is located or within fifteen days 5,968
after the default under the administrative support order, 5,969
whichever is applicable. The notices shall specify the 5,970
withholding or deduction requirement and shall contain all of the 5,971
information set forth in division (B)(1)(b), OR (2)(b), (3)(b), 5,973
(4)(b), or (5)(b) of this section that is applicable. The agency
shall provide the notices to the obligor in accordance with 5,974
division (B)(1)(c), OR (2)(c), (3)(c), (4)(c), or (5)(c) of this 5,976
section, whichever is applicable, and shall include with that
notice the additional notices described in the particular 5,977
division that is ARE applicable. The notices are final and are 5,978
enforceable by the court. 5,979
If the child support enforcement agency previously has 5,981
issued one or more notices containing one or more of the 5,982
requirements described in division (B) of this section and the 5,983
agency determines that any of the requirements no longer are 5,984
appropriate due to the change in the employment status or other 5,985
circumstances of the obligor, the agency immediately shall cancel 5,986
any previously issued notice that no longer is appropriate, shall 5,987
send written notice of the cancellation by regular mail to the 5,988
person who was required to comply with the withholding or 5,989
deduction requirement contained in the canceled notice, and shall 5,990
139
issue one or more new notices containing one or more requirements 5,991
described in division (B) of this section that it determines are 5,992
appropriate. The notices shall be sent within fifteen days after 5,993
the obligor under the administrative support order is located or 5,994
within fifteen days after the default under the administrative 5,995
support order, whichever is applicable. 5,996
(b) If support has been ordered prior to December 31, 5,998
1993, under an administrative support order issued under section 5,999
3111.20, 3111.21, or 3111.22 of the Revised Code, if the 6,000
administrative support order has not been modified on or after 6,002
December 31, 1993, if the administrative support order includes a 6,003
provision that is substantively comparable to the general 6,004
provision described in division (A)(1) of this section that must 6,005
be included in all administrative support orders issued or 6,006
modified on or after December 31, 1993, and if the child support 6,007
enforcement agency is notified or otherwise determines that the 6,008
employment status or other circumstances of the obligor under the 6,009
support order have changed so that it is appropriate to impose a 6,010
withholding or deduction requirement as described in division (B) 6,011
of this section to collect the support due under the order, the 6,012
agency shall comply with division (A)(3)(a) of this section as if 6,013
the administrative support order had been issued or modified on 6,014
or after December 31, 1993, and as if it included the general 6,015
provision described in division (A)(1) of that section that must 6,016
be included in all administrative support orders issued or 6,017
modified on or after that date. The notices issued under this 6,018
division are final and are enforceable by the court. 6,019
(c) If support has been ordered ALL SUPPORT ORDERS ISSUED 6,021
prior to December 31, 1993, under an administrative support order 6,022
issued under FORMER SECTION 3111.21 OR section 3111.20, 3111.21, 6,023
or 3111.22 of the Revised Code, if the administrative support 6,026
order has THAT HAVE not been modified on or after December 31, 6,027
1993, if the administrative support order does not include a 6,028
provision that is substantively comparable to the general 6,029
140
provision described in division (A)(1) of this section that must 6,030
be included in all administrative support orders issued or 6,031
modified on or after December 31, 1993, and if the child support 6,032
enforcement agency is notified or otherwise determines that the 6,033
employment status or other circumstances of the obligor under the 6,034
support order have changed so that it is appropriate to impose a 6,035
withholding or deduction requirement as described in division (B) 6,036
of this section to collect the support due under the order, the 6,037
agency may reissue the administrative support order in question 6,038
to be identical to the administrative support order except for a 6,039
general provision, as described in division (A)(1) of this 6,040
section, requiring the withholding or deduction of wages or 6,041
assets of the obligor in accordance with division (B) of this 6,042
section to ensure that withholding or deduction from the wages or 6,043
assets is available for the collection of current support and any 6,044
arrearages that occur. Except for the inclusion of the general 6,045
provision, the provisions of a reissued administrative support 6,046
order under this division shall be identical to those of the 6,047
administrative support order in question, and the child support 6,048
enforcement agency shall issue one or more notices requiring 6,049
withholding or deduction of wages or assets of the obligor in 6,050
accordance with divisions (A)(2) and (B) of this section. 6,051
Thereafter, division (A)(3)(a) of this section applies to the 6,052
issuance of notices under those divisions with respect to that 6,053
administrative support order. The notices issued under this 6,055
division are final and are enforceable by the court. The general 6,056
provision for the withholding or deduction of wages or assets to 6,057
be included in the reissued administrative support order 6,058
specifically shall include the statement set forth in division 6,059
(A)(1) of this section OR FOUND IN DEFAULT ON OR AFTER THAT DATE 6,060
SHALL BE CONSIDERED TO CONTAIN THE GENERAL PROVISION DESCRIBED IN 6,062
DIVISION (A)(1) OF THIS SECTION AND SHALL BE ENFORCED AND 6,063
MODIFIED IN THE SAME MANNER AS AN ORDER FOR SUPPORT ISSUED ON OR 6,064
AFTER DECEMBER 31, 1993.
141
(4) If, pursuant to division (A)(2) or (A)(3)(a), (b), or 6,066
(c) of this section, a person is sent a WITHHOLDING OR DEDUCTION 6,067
notice described in division (B) of this section requiring a 6,068
withholding or deduction requirement OR AN ORDER ISSUED UNDER 6,069
SECTION 3111.231 OF THE REVISED CODE and the person fails to 6,070
comply with the notice OR ORDER, the child support enforcement 6,071
agency, in accordance with section 3111.28 of the Revised Code, 6,072
shall request the court to find the person in contempt pursuant 6,073
to section 2705.02 of the Revised Code.
(5) The department of human services shall adopt standard 6,075
forms for the support withholding and deduction notices 6,076
prescribed by divisions (A)(1) to (3) and (B) of this section. 6,077
All child support enforcement agencies shall use the forms in 6,078
complying with this section. 6,079
(B) If a child support enforcement agency is required by 6,081
division (A) of this section to issue one or more withholding or 6,082
deduction notices described in this division, the agency shall 6,083
issue one or more of the following types of notices to pay the 6,084
support required under the administrative support order in 6,085
question and to pay any arrearages: 6,086
(1)(a) If the child support enforcement agency determines 6,088
that the obligor is employed RECEIVING INCOME FROM A PAYOR, the 6,089
agency shall require the obligor's employer PAYOR to withhold 6,090
from the obligor's personal earnings INCOME a specified amount 6,091
for support in satisfaction of the administrative support order, 6,092
to begin the withholding no later than the first pay period that 6,093
occurs after fourteen working days following the date the notice 6,096
was mailed to the employer PAYOR under divisions (A)(2) or (3) 6,097
and (B)(1)(b) of this section OR, IF THE PAYOR IS AN EMPLOYER, NO 6,098
LATER THAN THE FIRST PAY PERIOD THAT OCCURS AFTER FOURTEEN 6,100
WORKING DAYS FOLLOWING THE DATE THE NOTICE WAS MAILED, to send
the amount withheld to the DIVISION OF child support enforcement 6,101
agency for that county IN THE DEPARTMENT OF HUMAN SERVICES 6,103
PURSUANT TO SECTION 5101.325 OF THE REVISED CODE, to send that 6,104
142
amount to the agency DIVISION immediately but not later than ten 6,105
SEVEN WORKING days after the date the obligor is paid, and to 6,108
continue the withholding at intervals specified in the notice
until further notice from the CHILD SUPPORT ENFORCEMENT agency. 6,109
To the extent possible, the amount specified in the notice to be 6,111
withheld shall satisfy the amount ordered for support in the 6,112
administrative support order plus any arrearages that may be owed 6,113
by the obligor under any prior court or administrative support 6,114
order that pertained to the same child or spouse, notwithstanding 6,115
the limitations of sections 2329.66, 2329.70, 2716.02, and 6,116
2716.05 of the Revised Code. However, in no case shall the sum 6,117
of the amount specified in the notice to be withheld and any fee 6,118
withheld by the employer PAYOR as a charge for its services 6,119
exceed the maximum amount permitted under section 303(b) of the 6,120
"Consumer Credit Protection Act," 15 U.S.C. 1673(b). 6,121
(b) If the agency imposes a withholding requirement under 6,123
division (B)(1)(a) of this section, the agency, within the 6,124
applicable period of time specified in division (A) of this 6,125
section, shall send to the obligor's employer PAYOR by regular 6,126
mail a notice that contains all of the information set forth in 6,128
divisions (B)(1)(b)(i) to (xi) of this section. The notice is 6,129
final and is enforceable by the court. The notice shall contain 6,130
all of the following: 6,131
(i) The amount to be withheld from the obligor's wages 6,133
INCOME and a statement that the amount actually withheld for 6,134
support and other purposes, including the fee described in 6,135
division (B)(1)(b)(xi) of this section, shall not be in excess of 6,136
the maximum amounts permitted under section 303(b) of the 6,137
"Consumer Credit Protection Act," 15 U.S.C. 1673(b); 6,138
(ii) A statement that the employer PAYOR is required to 6,140
send the amount withheld to the DIVISION OF child support 6,142
enforcement agency immediately, but not later than ten SEVEN 6,143
working days, after the obligor is paid by the employer and is 6,144
required to report to the agency the date on which the amount was 6,146
143
withheld from the obligor's wages INCOME; 6,147
(iii) A statement that the withholding is binding upon the 6,149
employer PAYOR until further notice from the agency; 6,150
(iv) A statement that IF the PAYOR IS AN employer, THE 6,153
PAYOR is subject to a fine to be determined under the law of this 6,154
state for discharging the obligor from employment, refusing to 6,155
employ the obligor, or taking any disciplinary action against the 6,156
obligor because of the withholding requirement; 6,157
(v) A statement that, if the employer PAYOR fails to 6,159
withhold wages INCOME in accordance with the provisions of the 6,160
notice, the employer PAYOR is liable for the accumulated amount 6,162
the employer PAYOR should have withheld from the obligor's wages 6,164
INCOME;
(vi) A statement that the withholding in accordance with 6,166
the notice and under the provisions of this section has priority 6,167
over any other legal process under the law of this state against 6,168
the same wages INCOME; 6,169
(vii) The date on which the notice was mailed and a 6,171
statement that the employer PAYOR is required to implement the 6,172
withholding no later than the first pay period that occurs after 6,173
fourteen working days following the date the notice was mailed 6,174
OR, IF THE PAYOR IS AN EMPLOYER, NO LATER THAN THE FIRST PAY 6,175
PERIOD THAT OCCURS AFTER FOURTEEN WORKING DAYS FOLLOWING THE DATE 6,177
THE NOTICE WAS MAILED and is required to continue the withholding 6,178
at the intervals specified in the notice; 6,179
(viii) A requirement that the employer PAYOR promptly 6,181
notify the child support enforcement agency, in writing, within 6,183
ten working days after the date of any termination of the 6,184
obligor's employment, any layoff of the obligor, any leave of 6,185
absence of the obligor without pay, or any other situation THAT 6,186
OCCURS, INCLUDING, TERMINATION OF EMPLOYMENT, LAYOFF OF THE 6,187
OBLIGOR, ANY LEAVE OF ABSENCE OF THE OBLIGOR WITHOUT PAY, 6,188
TERMINATION OF WORKERS' COMPENSATION BENEFITS, OR TERMINATION OF 6,189
ANY PENSION, ANNUITY, ALLOWANCE, OR RETIREMENT BENEFIT in which 6,190
144
the employer PAYOR ceases to pay personal earnings INCOME in an 6,191
amount sufficient to comply with the administrative order to the 6,192
obligor and provide the agency with the obligor's last known 6,193
address;
(ix) A requirement that, IF the PAYOR IS AN employer, THE 6,196
PAYOR identify in the notification given under division 6,197
(B)(1)(b)(viii) of this section any types of benefits other than 6,198
personal earnings that the obligor is receiving or is eligible to 6,199
receive as a benefit of employment or as a result of the 6,200
obligor's termination of employment, including, but not limited 6,201
to, unemployment compensation, workers' compensation benefits, 6,202
severance pay, sick leave, lump sum payments of retirement 6,203
benefits or contributions, and bonuses or profit-sharing payments 6,204
or distributions, and the amount of such benefits, and include in 6,205
the notification the obligor's last known address and telephone 6,206
number, date of birth, social security number, and case number 6,207
and, if known, the name and business address of any new employer 6,208
of the obligor;
(x) A requirement that, no later than the earlier of 6,210
forty-five days before the lump-sum payment is to be made or, if 6,211
the obligor's right to the lump-sum payment is determined less 6,212
than forty-five days before it is to be made, the date on which 6,213
that determination is made, the employer PAYOR notify the child 6,214
support enforcement agency of any lump-sum payments of any kind 6,215
of five ONE hundred FIFTY dollars or more that are to be paid to 6,216
the obligor, hold the lump-sum payments of five ONE hundred FIFTY 6,218
dollars or more for thirty days after the date on which the 6,220
lump-sum payments otherwise would have been paid to the obligor, 6,221
if the lump-sum payments are workers' compensation benefits, 6,222
severance pay, sick leave, lump-sum payments of retirement 6,223
benefits or contributions, annual bonuses, or profit-sharing 6,224
payments or distributions, and, upon order of the agency, pay any 6,225
specified amount of the lump-sum payment to the DIVISION OF child 6,226
support enforcement agency; 6,227
145
(xi) A statement that, in addition to the amount withheld 6,229
for support, the employer PAYOR may withhold a fee from the 6,230
obligor's earnings INCOME as a charge for its services in 6,231
complying with the notice a specification of the amount that may 6,233
be withheld.
(c) The agency shall send the notice described in division 6,235
(B)(1)(b) of this section to the obligor, and shall attach to the 6,236
notice an additional notice requiring the obligor immediately to 6,237
notify the child support enforcement agency, in writing, of any 6,238
change in employment, including self-employment, and of the 6,239
availability of any other sources of income that can be the 6,240
subject of any withholding or deduction requirement described in 6,241
division (B) of this section. The agency shall serve the notices 6,242
upon the obligor at the same time as service of the 6,243
administrative support order or, if the administrative support 6,244
order previously has been issued, shall send the notices to the 6,245
obligor by regular mail at the obligor's last known address at 6,247
the same time that it sends the notice described in division 6,248
(B)(1)(b) of this section to the employer PAYOR. The 6,249
notification required of the obligor shall include a description 6,250
of the nature of any new employment OR INCOME SOURCE, the name 6,251
and, business address, AND TELEPHONE NUMBER of any new employer 6,252
OR INCOME SOURCE, and any other information reasonably required 6,254
by the agency. No obligor shall fail to give the notification as 6,255
required by division (B)(1)(c) of this section. 6,256
(2)(a) If the child support enforcement agency determines 6,258
that the obligor is receiving workers' compensation payments, the 6,259
agency may require the bureau of workers' compensation or the 6,260
employer that has been granted the privilege of paying 6,261
compensation directly and that is paying workers' compensation 6,262
benefits to the obligor to withhold from the obligor's workers' 6,263
compensation payments a specified amount for support in 6,264
satisfaction of the administrative support order, to begin the 6,265
withholding no later than the date of the first payment that 6,266
146
occurs after fourteen working days following the date the notice 6,267
was mailed to the bureau or employer under divisions (A)(2) or 6,268
(3) and (B)(2)(b) of this section, to send the amount withheld to 6,269
the child support enforcement agency for that county, to send 6,271
that amount to the agency immediately but not later than ten days 6,272
after the date the payment is made to the obligor, to provide the 6,273
date on which the amount was withheld, and to continue the 6,274
withholding at intervals specified in the notice until further 6,275
notice from the agency. To the extent possible, the amount 6,276
specified in the notice to be withheld shall satisfy the amount 6,277
ordered for support in the administrative support order plus any 6,278
arrearages that may be owed by the obligor under any prior court 6,279
or administrative support order that pertained to the same child 6,280
or spouse, notwithstanding the limitations of section 4123.67 of 6,281
the Revised Code. However, in no case shall the sum of the 6,282
amount specified in the notice to be withheld and any fee 6,283
withheld by an employer as a charge for its services exceed the 6,284
maximum amount permitted under section 303(b) of the "Consumer 6,285
Credit Protection Act," 15 U.S.C. 1673(b). 6,286
(b) If the agency imposes a withholding requirement under 6,288
division (B)(2)(a) of this section, it, within the applicable 6,289
period of time specified in division (A) of this section, shall 6,290
send to the bureau of workers' compensation or the employer that 6,291
is paying the obligor's workers' compensation benefits by regular 6,292
mail a notice that contains all of the information set forth in 6,293
divisions (B)(2)(b)(i) to (x) of this section. The notice is 6,294
final and is enforceable by the court. The notice shall contain 6,295
all of the following: 6,296
(i) The amount to be withheld from the obligor's worker's 6,298
compensation payments and a statement that the amount actually 6,299
withheld for support and other purposes, including the fee 6,300
described in division (B)(2)(b)(x) of this section, if 6,301
applicable, shall not be in excess of the maximum amounts 6,302
permitted under section 303(b) of the "Consumer Credit Protection 6,303
147
Act," 15 U.S.C. 1673(b); 6,304
(ii) A statement that the bureau or employer is required 6,306
to send the amount withheld to the child support enforcement 6,307
agency immediately, but not later than ten working days, after 6,308
the payment is made to the obligor and is required to report to 6,309
the agency the date on which the amount was withheld from the 6,310
obligor's payments; 6,311
(iii) A statement that the withholding is binding upon the 6,313
bureau or employer until further notice from the court or agency; 6,314
(iv) If the notice is sent to an employer who is paying 6,316
the obligor's worker's compensation benefits, a statement that, 6,317
if the employer fails to withhold from the obligor's worker's 6,318
compensation payments in accordance with the provisions of the 6,319
notice, the employer is liable for the accumulated amount the 6,320
employer should have withheld from the obligor's payments; 6,321
(v) A statement that the withholding in accordance with 6,323
the notice and under the provisions of this section has priority 6,324
over any other legal process under the law of this state against 6,325
the same payment of benefits; 6,326
(vi) The date on which the notice was mailed and a 6,328
statement that the bureau or employer is required to implement 6,329
the withholding no later than the date of the first payment that 6,330
occurs after fourteen working days following the date the notice 6,331
was mailed and is required to continue the withholding at the 6,332
intervals specified in the notice; 6,333
(vii) A requirement that the bureau or employer promptly 6,335
notify the child support enforcement agency, in writing, within 6,336
ten working days after the date of any termination of the 6,337
obligor's workers' compensation benefits; 6,338
(viii) A requirement that the bureau or employer include 6,340
in all notices the obligor's last known mailing address, last 6,341
known residence address, and social security number; 6,342
(ix) A requirement that, no later than the earlier of 6,344
forty-five days before the lump sum payment is to be made or, if 6,345
148
the obligor's right to the lump sum payment is determined less 6,346
than forty-five days before it is to be made, the date on which 6,347
that determination is made, the bureau or employer notify the 6,348
child support enforcement agency of any lump-sum payment of any 6,349
kind of five hundred dollars or more that is to be paid to the 6,350
obligor, hold the lump-sum payment for thirty days after the date 6,351
on which the lump-sum payment otherwise would be paid to the 6,352
obligor, and, upon order of the agency, pay any specified amount 6,353
of the lump-sum payment to the agency; 6,354
(x) If the notice is sent to an employer who is paying the 6,356
obligor's workers' compensation benefits a statement that, in 6,357
addition to the amount withheld for support, the employer may 6,358
withhold a fee from the obligor's benefits as a charge for its 6,359
services in complying with the notice and a specification of the 6,360
amount that may be withheld. 6,361
(c) The agency shall send the notice described in division 6,363
(B)(2)(b) of this section to the obligor and shall attach to the 6,364
notice an additional notice requiring the obligor to immediately 6,365
notify the child support enforcement agency, in writing, of any 6,366
change in the obligor's workers' compensation payments, of the 6,368
commencement of employment, including self-employment, and of the 6,369
availability of any other sources of income that can be the 6,370
subject of any withholding or deduction requirement described in 6,371
division (B) of this section. The agency shall serve the notices 6,372
upon the obligor at the same time as service of the 6,373
administrative support order or, if the administrative support 6,374
order previously has been issued, shall send the notices to the 6,375
obligor by regular mail at the obligor's last known address at 6,376
the same time that it sends the notice described in division 6,378
(B)(2)(b) of this section to the bureau or employer. The 6,379
additional notice also shall specify that upon commencement of 6,380
employment the obligor may request the child support enforcement 6,381
agency to cancel its administrative workers' compensation payment 6,382
withholding notice and instead issue a notice requiring the 6,383
149
withholding of an amount from the obligor's personal earnings for 6,384
support in accordance with division (B)(1) of this section and 6,385
that upon commencement of employment the agency may cancel its 6,386
workers' compensation payment withholding notice and instead will 6,387
issue a notice requiring the withholding of an amount from the 6,388
obligor's personal earnings for support in accordance with 6,389
division (B)(1) of this section. The notification required of 6,390
the obligor shall include a description of the nature of any new 6,391
employment, the name and business address of any new employer, 6,392
and any other information reasonably required by the agency. 6,393
(3)(a) If the child support enforcement agency determines 6,395
that the obligor is receiving any pension, annuity, allowance, or 6,396
other benefit or is to receive or has received a warrant 6,397
refunding the obligor's individual account from the public 6,398
employees retirement system, a municipal retirement system 6,399
established subject to sections 145.01 to 145.58 of the Revised 6,400
Code, the police and firemen's disability and pension fund, the 6,402
state teachers retirement system, the school employees retirement 6,403
system, or the state highway patrol retirement system, the agency 6,404
may require the public employees retirement board, the board, 6,405
board of trustees, or other governing entity of any municipal 6,406
retirement system, the board of trustees of the police and 6,407
firemen's disability and pension fund, the state teachers 6,409
retirement board, the school employees retirement board, or the 6,410
state highway patrol retirement board to withhold from the 6,411
obligor's pension, annuity, allowance, other benefit, or warrant 6,412
a specified amount for support in satisfaction of the support 6,413
order, to begin the withholding no later than the date of the 6,414
first payment that occurs after fourteen working days following 6,415
the date the notice was mailed to the board, board of trustees, 6,416
or other entity under divisions (A)(2) or (3) and (B)(3)(b) of 6,417
this section, to send the amount withheld to the child support 6,418
enforcement agency for that county, to send that amount to the 6,420
agency immediately but not later than ten days after the date the 6,421
150
payment is made to the obligor, to provide the date on which the 6,422
amount was withheld, and to continue the withholding at intervals 6,423
specified in the notice until further withholding notice of the 6,424
agency. To the extent possible, the amount specified in the 6,425
notice to be withheld shall satisfy the amount ordered for 6,426
support in the support order plus any arrearages that may be owed 6,427
by the obligor under any prior court or administrative support 6,428
order that pertained to the same child or spouse, notwithstanding 6,429
the limitations of sections 2329.66, 2329.70, and 2716.13 of the 6,430
Revised Code. However, in no case shall the sum of the amount 6,431
specified in the notice to be withheld and any fee withheld by 6,432
the board, board of trustees, or other entity as a charge for its 6,433
services exceed the maximum amount permitted under section 303(b) 6,434
of the "Consumer Credit Protection Act," 15 U.S.C. 1673(b). 6,435
(b) If the agency imposes a withholding requirement under 6,437
division (B)(3)(a) of this section, it, within the applicable 6,438
period of time specified in division (A) of this section, shall 6,439
send to the board, board of trustees, or other entity by regular 6,440
mail a notice that contains all of the information set forth in 6,441
divisions (B)(3)(b)(i) to (ix) of this section. The notice is 6,442
final and is enforceable by the court. The notice shall contain 6,443
all of the following: 6,444
(i) The amount to be withheld from the obligor's pension, 6,446
annuity, allowance, other benefit, or warrant and a statement 6,447
that the amount actually withheld for support and other purposes, 6,448
including the fee described in division (B)(3)(b)(ix) of this 6,449
section, shall not be in excess of the maximum amounts permitted 6,450
under section 303(b) of the "Consumer Credit Protection Act," 15 6,451
U.S.C. 1673(b); 6,452
(ii) A statement that the board, board of trustees, or 6,454
other entity is required to send the amount withheld to the child 6,455
support enforcement agency immediately, but not later than ten 6,456
working days, after the payment is made to the obligor and is 6,457
required to report to the agency the date on which the amount was 6,458
151
withheld from the obligor's payments; 6,459
(iii) A statement that the withholding is binding upon the 6,461
board, board of trustees, or other entity until further notice 6,462
from the court or agency; 6,463
(iv) A statement that the withholding in accordance with 6,465
the notice and under the provisions of this section has priority 6,466
over any other legal process under the law of this state against 6,467
the same payment of the pension, annuity, allowance, other 6,468
benefit, or warrant; 6,469
(v) The date on which the notice was mailed and a 6,471
statement that the board, board of trustees, or other entity is 6,472
required to implement the withholding no later than the date of 6,473
the first payment that occurs after fourteen working days 6,474
following the date the notice was mailed and is required to 6,475
continue the withholding at the intervals specified in the 6,476
notice; 6,477
(vi) A requirement that the board, board of trustees, or 6,479
other entity promptly notify the child support enforcement 6,480
agency, in writing, within ten working days after the date of any 6,481
termination of the obligor's pension, annuity, allowance, or 6,482
other benefit; 6,483
(vii) A requirement that the board, board of trustees, or 6,485
other entity include in all notices the obligor's last known 6,486
mailing address, last known residence address, and social 6,487
security number; 6,488
(viii) A requirement that, no later than the earlier of 6,490
forty-five days before the lump-sum payment is to be made or, if 6,491
the obligor's right to the lump-sum payment is determined less 6,492
than forty-five days before it is to be made, the date on which 6,493
that determination is made, the board, board of trustees, or 6,494
other entity notify the child support enforcement agency of any 6,495
lump-sum payment of any kind of five hundred dollars or more that 6,496
is to be paid to the obligor, hold the lump-sum payment for 6,497
thirty days after the date on which the lump-sum payment would 6,498
152
otherwise be paid to the obligor, if the lump-sum payments are 6,499
lump-sum payments of retirement benefits or contributions, and, 6,500
upon order of the agency, pay any specified amount of the 6,501
lump-sum payment to the agency; 6,502
(ix) A statement that, in addition to the amount withheld 6,504
for support, the board, board of trustees, or other entity may 6,505
withhold a fee from the obligor's pension, annuity, allowance, 6,506
other benefit, or warrant as a charge for its services in 6,507
complying with the notice and a specification of the amount that 6,508
may be withheld. 6,509
(c) The agency shall send the notice described in division 6,511
(B)(3)(b) of this section to the obligor and shall attach to the 6,512
notice an additional notice requiring the obligor immediately to 6,513
notify the child support enforcement agency, in writing, of any 6,514
change in the obligor's pension, annuity, allowance, or other 6,515
benefit, of the commencement of employment, including 6,517
self-employment, and of the availability of any other sources of 6,518
income that can be the subject of any withholding or deduction 6,519
requirement described in division (B) of this section. The 6,520
agency shall serve the notices upon the obligor at the same time 6,521
as service of the administrative support order or, if the 6,522
administrative support order previously has been issued, shall 6,523
send the notices to the obligor by regular mail, at the obligor's 6,524
last known address, at the same time it sends the notice 6,526
described in division (B)(3)(b) of this section to the board, 6,527
board of trustees, or other entity. The additional notice also 6,528
shall notify the obligor that upon commencement of employment the 6,529
obligor may request the agency to issue a notice requiring the 6,531
withholding of an amount from the obligor's personal earnings for 6,532
support in accordance with division (B)(1) of this section and 6,533
that upon commencement of employment the agency may cancel its 6,534
withholding notice under division (B)(3)(b) of this section and 6,535
instead will issue a notice requiring the withholding of an 6,536
amount from the obligor's personal earnings for support in 6,537
153
accordance with division (B)(1) of this section. The
notification required of the obligor shall include a description 6,538
of the nature of any new employment, the name and business 6,539
address of any new employer, and any other information reasonably 6,540
required by the agency. 6,541
(4)(a) If the child support enforcement agency determines 6,543
that the obligor is receiving any form of income, including, but 6,544
not limited to, disability or sick pay, insurance proceeds, 6,545
lottery prize awards, federal, state, or local government 6,546
benefits to the extent that the benefits can be withheld or 6,547
deducted under any law governing the benefits, any form of trust 6,548
fund or endowment fund, vacation pay, commissions and draws 6,549
against commissions that are paid on a regular basis, bonuses or 6,550
profit-sharing payments or distributions, or any lump-sum 6,551
payments, the agency may require the person who pays or otherwise 6,552
distributes the income to the obligor to withhold from the 6,553
obligor's income a specified amount for support in satisfaction 6,554
of the administrative support order, to begin the withholding no 6,555
later than the date of the first payment that occurs after 6,556
fourteen working days following the date the notice was mailed to 6,557
the person paying or otherwise distributing the obligor's income 6,558
under divisions (A)(2) or (3) and (B)(4)(b) of this section, to 6,559
send the amount withheld to the child support enforcement agency 6,560
for that county, to send that amount to the agency immediately 6,561
but not later than ten days after the date the payment is made to 6,562
the obligor, to provide the date on which the amount was 6,563
withheld, and to continue the withholding at intervals specified 6,564
in the notice until further notice from the agency. To the 6,565
extent possible, the amount specified in the notice to be 6,566
withheld shall satisfy the amount ordered for support in the 6,567
administrative support order plus any arrearages that may be owed 6,568
by the obligor under any prior court or administrative support 6,569
order that pertained to the same child or spouse, notwithstanding 6,570
the limitations of sections 2329.66, 2329.70, and 2716.13 of the 6,571
154
Revised Code. However, in no case shall the sum of the amount 6,572
specified in the notice to be withheld and any fee withheld by 6,573
the person paying or otherwise distributing the obligor's income 6,574
as a charge for its services exceed the maximum amount permitted 6,575
under section 303(b) of the "Consumer Credit Protection Act," 15 6,576
U.S.C. 1673(b). 6,577
(b) If the agency imposes a withholding requirement under 6,579
division (B)(4)(a) of this section, it, within the applicable 6,580
period of time specified in division (A) of this section, shall 6,581
send to the person paying or otherwise distributing the obligor's 6,582
income by regular mail a notice that contains all of the 6,583
information set forth in divisions (B)(4)(b)(i) to (ix) of this 6,584
section. The notice is final and is enforceable by the court. 6,585
The notice shall contain all of the following: 6,586
(i) The amount to be withheld from the obligor's income 6,588
and a statement that the amount actually withheld for support and 6,589
other purposes, including the fee described in division 6,590
(B)(4)(b)(ix) of this section, shall not be in excess of the 6,591
maximum amounts permitted under section 303(b) of the "Consumer 6,592
Credit Protection Act," 15 U.S.C. 1673(b); 6,593
(ii) A statement that the person paying or otherwise 6,595
distributing the obligor's income is required to send the amount 6,596
withheld to the child support enforcement agency immediately, but 6,597
not later than ten working days, after the payment is made to the 6,598
obligor and is required to report to the agency the date on which 6,599
the amount was withheld from the obligor's payments; 6,600
(iii) A statement that the withholding is binding upon the 6,602
person paying or otherwise distributing the obligor's income 6,603
until further notice from the court or agency; 6,604
(iv) A statement that the withholding in accordance with 6,606
the notice and under the provisions of this section has priority 6,607
over any other legal process under the law of this state against 6,608
the same payment of the income; 6,609
(v) The date on which the notice was mailed and a 6,611
155
statement that the person paying or otherwise distributing the 6,612
obligor's income is required to implement the withholding no 6,613
later than the date of the first payment that occurs after 6,614
fourteen working days following the date the notice was mailed 6,615
and is required to continue the withholding at the intervals 6,616
specified in the notice; 6,617
(vi) A requirement that the person paying or otherwise 6,619
distributing the obligor's income promptly notify the child 6,620
support enforcement agency, in writing, within ten days after the 6,621
date of any termination of the obligor's income; 6,622
(vii) A requirement that the person paying or otherwise 6,624
distributing the obligor's income include in all notices the 6,625
obligor's last known mailing address, last known residence 6,626
address, and social security number; 6,627
(viii) A requirement that, no later than the earlier of 6,629
forty-five days before the lump-sum payment is to be made or, if 6,630
the obligor's right to the lump-sum payment is determined less 6,631
than forty-five days before it is to be made, the date on which 6,632
that determination is made, the person paying or otherwise 6,633
distributing the obligor's income notify the child support 6,634
enforcement agency of any lump-sum payment of any kind of five 6,635
hundred dollars or more that is to be paid to the obligor, hold 6,636
the lump-sum payment for thirty days after the date on which the 6,637
lump-sum payment would otherwise be paid to the obligor, if the 6,638
lump-sum payment is sick pay, lump-sum payment of retirement 6,639
benefits or contributions, or profit-sharing payments or 6,640
distributions, and, upon order of the agency, pay any specified 6,641
amount of the lump-sum payment to the child support enforcement 6,642
agency; 6,643
(ix) A statement that, in addition, to the amount withheld 6,645
for support, the person paying or otherwise distributing the 6,646
obligor's income may withhold a fee from the obligor's income as 6,647
a charge for its services in complying with the notice and a 6,648
specification of the amount that may be withheld. 6,649
156
(c) The agency shall send the notice described in division 6,651
(B)(4)(b) of this section to the obligor and shall attach to the 6,652
notice an additional notice requiring the obligor immediately to 6,653
notify the child support enforcement agency, in writing, of any 6,654
change in income to which the withholding notice applies, of the 6,656
commencement of employment, including self-employment, and of the 6,657
availability of any other sources of income that can be the
subject of any withholding or deduction requirement described in 6,658
division (B) of this section. The agency shall serve the notices 6,659
upon the obligor at the same time as service of the 6,660
administrative support order or, if the administrative support 6,661
order previously has been issued, shall send the notices to the 6,662
obligor by regular mail at the obligor's last known address at 6,663
the same time that it sends the notice described in division 6,664
(B)(4)(b) of this section to the person paying or otherwise 6,665
distributing the obligor's income. The additional notice also 6,666
shall notify the obligor that upon commencement of employment the 6,667
obligor may request the agency to issue a notice requiring the 6,668
withholding of an amount from the obligor's personal earnings for 6,669
support in accordance with division (B)(1) of this section and 6,670
that upon commencement of employment the agency may cancel its 6,671
withholding notice under division (B)(4)(b) of this section and 6,672
instead will issue a notice requiring the withholding of an 6,673
amount from the obligor's personal earnings for support in 6,674
accordance with division (B)(1) of this section. The 6,675
notification required of the obligor shall include a description 6,676
of the nature of any new employment, the name and business 6,677
address of any new employer, and any other information reasonably 6,678
required by the court.
(5)(a) If the child support enforcement agency determines 6,680
that the obligor has funds on deposit in any account in a 6,681
financial institution under the jurisdiction of the court, the 6,682
agency may require any financial institution in which the 6,683
obligor's funds are on deposit to deduct from the obligor's 6,684
157
account a specified amount for support in satisfaction of the 6,685
administrative support order, to begin the deduction no later 6,686
than fourteen working days following the date the notice was 6,687
mailed to the financial institution under divisions (A)(2) or (3) 6,688
and (B)(5)(2)(b) of this section, to send the amount deducted to 6,690
the DIVISION OF child support enforcement agency for that county 6,691
IN THE DEPARTMENT OF HUMAN SERVICES PURSUANT TO SECTION 5101.325 6,692
OF THE REVISED CODE, to send that amount to the agency DIVISION 6,693
immediately but not later than ten SEVEN WORKING days after the 6,694
date the latest deduction was made, to provide the date on which 6,697
the amount was deducted, and to continue the deduction at 6,698
intervals specified in the notice until further notice from the 6,699
agency. To the extent possible, the amount specified in the
notice to be deducted shall satisfy the amount ordered for 6,700
support in the administrative support order plus any arrearages 6,701
that may be owed by the obligor under any prior court or 6,702
administrative support order that pertained to the same child or 6,703
spouse, notwithstanding the limitations of sections 2329.66, 6,704
2329.70, and 2716.13 of the Revised Code. However, in no case 6,705
shall the sum of the amount specified in the notice to be 6,706
deducted and the fee deducted by the financial institution as a 6,707
charge for its services exceed the maximum amount permitted under 6,708
section 303(b) of the "Consumer Credit Protection Act," 15 U.S.C. 6,709
1673(b). 6,710
(b) If the agency imposes a deduction requirement under 6,712
division (B)(5)(2)(a) of this section, it, within the applicable 6,714
period of time specified in division (A) of this section, shall 6,715
send to the financial institution by regular mail a notice that 6,716
contains all of the information set forth in divisions 6,718
(B)(5)(2)(b)(i) to (viii) of this section. The notice is final 6,719
and is enforceable by the court. The notice shall contain all of 6,720
the following: 6,721
(i) The amount to be deducted from the obligor's account 6,723
and a statement that the amount actually deducted for support and 6,724
158
other purposes, including the fee described in division 6,726
(B)(2)(b)(viii) of this section, shall not be in excess of the 6,727
maximum amounts permitted under section 303(b) of the "Consumer 6,728
Credit Protection Act," 15 U.S.C. 1673(b); 6,729
(ii) A statement that the financial institution is 6,731
required to send the amount deducted to the DIVISION OF child 6,732
support enforcement agency immediately, but not later than ten 6,733
SEVEN working days, after the date the last deduction was made 6,734
and is required to report to the agency the date on which the 6,736
amount was deducted from the obligor's account; 6,737
(iii) A statement that the deduction is binding upon the 6,739
financial institution until further notice from the court or 6,740
agency; 6,741
(iv) A statement that the withholding in accordance with 6,743
the notice and under the provisions of this section has priority 6,744
over any other legal process under the law of this state against 6,745
the same account; 6,746
(v) The date on which the notice was mailed and a 6,748
statement that the financial institution is required to implement 6,749
the deduction no later than fourteen working days following the 6,750
date the notice was mailed and is required to continue the 6,751
deduction at the intervals specified in the notice; 6,752
(vi) A requirement that the financial institution promptly 6,754
notify the child support enforcement agency, in writing, within 6,755
ten days after the date of any termination of the account from 6,756
which the deduction is being made and notify the agency, in 6,757
writing, of the opening of a new account at that financial 6,758
institution, the account number of the new account, the name of 6,759
any other known financial institutions in which the obligor has 6,760
any accounts, and the numbers of those accounts; 6,761
(vii) A requirement that the financial institution include 6,763
in all notices the obligor's last known mailing address, last 6,764
known residence address, and social security number; 6,765
(viii) A statement that, in addition to the amount 6,767
159
deducted for support, the financial institution may deduct a fee 6,768
from the obligor's account as a charge for its services in 6,769
complying with the administrative order and a specification of 6,770
the amount that may be deducted. 6,771
(c) The agency shall send the notice described in division 6,773
(B)(5)(2)(b) of this section to the obligor and shall attach to 6,775
the notice an additional notice requiring the obligor immediately
to notify the child support enforcement agency, in writing, of 6,776
any change in the status of the account from which the amount of 6,777
support is being deducted or the opening of a new account with 6,778
any financial institution, of the commencement of employment, 6,779
including self-employment, or of the availability of any other 6,780
sources of income that can be the subject of any withholding or 6,781
deduction requirement described in division (B) of this section. 6,782
The agency shall serve the notices upon the obligor at the same 6,783
time as service of the administrative support order or, if the 6,784
support order previously has been issued, shall send the notices 6,785
to the obligor by regular mail at the obligor's last known 6,786
address at the same time that it sends the notice described in 6,788
division (B)(5)(2)(b) of this section to the obligor. The 6,789
additional notice also shall notify the obligor that upon 6,791
commencement of employment, the obligor may request the agency to 6,792
cancel its financial institution account deduction notice and 6,793
instead issue a notice requiring the withholding of an amount 6,794
from the obligor's personal earnings for support in accordance 6,795
with division (B)(1) of this section and that upon commencement 6,796
of employment the agency may cancel its financial institution 6,797
account deduction notice and instead will issue a notice 6,798
requiring the withholding of an amount from the obligor's 6,799
personal earnings for support in accordance with division (B)(1) 6,800
of this section. The notification required of the obligor shall 6,801
include a description of the nature of any new accounts opened at 6,802
a financial institution located in the county in which the agency 6,803
is located, the name and business address of that financial 6,804
160
institution, a description of the nature of any new employment OR 6,805
INCOME SOURCE, the name and, business address, AND TELEPHONE 6,807
NUMBER of any new employer OR INCOME SOURCE, and any other 6,808
information reasonably required by the agency. 6,810
(C) If an agency issues or modifies an administrative 6,812
support order under section 3111.20, 3111.21 3111.211, or 3111.22 6,814
of the Revised Code and issues one or more notices described in 6,815
division (B) of this section, the agency to the extent possible 6,816
shall issue a sufficient number of notices under division (B) of 6,817
this section to provide that the aggregate amount withheld or 6,818
deducted under those notices satisfies the amount ordered for 6,819
support in the administrative support order plus any arrearages 6,820
that may be owed by the obligor under any prior court or 6,821
administrative support order that pertained to the same child or 6,822
spouse, notwithstanding the limitations of sections 2329.66, 6,823
2329.70, 2716.13, and 4123.67 of the Revised Code. However, in 6,824
no case shall the aggregate amount withheld or deducted PURSUANT 6,825
TO A WITHHOLDING NOTICE ISSUED UNDER DIVISION (B)(1) OF THIS 6,826
SECTION and any fees withheld or deducted PURSUANT TO THE NOTICE 6,828
as a charge for services exceed the maximum amount permitted 6,830
under section 303(b) of the "Consumer Credit Protection Act," 15 6,831
U.S.C. 1673(b).
(D) When two or more withholding or deduction notices that 6,833
are described in division (B)(1) of this section are received by 6,834
an employer, the bureau of workers' compensation, an employer 6,836
that is paying more than one person's workers' compensation 6,837
benefits, the public employees retirement board, the board, board 6,838
of trustees, or other governing entity of any municipal 6,839
retirement system, the board of trustees of the police and 6,840
firemen's disability and pension fund, the state teachers 6,841
retirement board, the school employees retirement board, the 6,843
state highway patrol retirement board, a person paying or 6,844
otherwise distributing income for more than one obligor, or a 6,845
financial institution A PAYOR, the employer, bureau of workers' 6,846
161
compensation, employer paying workers' compensation benefits, 6,848
board, board of trustees, or other governing entity of a 6,849
retirement system, person paying or distributing income to an 6,850
obligor, or financial institution PAYOR shall comply with all of 6,852
the requirements contained in the notices to the extent that the 6,853
total amount withheld from the obligor's personal earnings, 6,854
payments, pensions, annuities, allowances, benefits, other 6,855
sources of income, or savings does not exceed the maximum amount 6,856
permitted under section 303(b) of the "Consumer Credit Protection 6,857
Act," 15 U.S.C. 1673(b), withhold or deduct amounts in accordance 6,858
with the allocation set forth in divisions (D)(1) and (2) of this 6,859
section, notify each agency that issued one of the notices of the 6,860
allocation, and give priority to amounts designated in each 6,861
notice as current support in the following manner: 6,862
(1) If the total of the amounts designated in the notices 6,864
as current support exceeds the amount available for withholding 6,865
under section 303(b) of the "Consumer Credit Protection Act," 15 6,866
U.S.C. 1673(b), the employer, bureau of workers' compensation, 6,867
employer paying workers' compensation benefits, board, board of 6,868
trustees, or other governing entity of a municipal retirement 6,869
system, person paying or distributing income to an obligor, or 6,871
financial institution PAYOR shall allocate to each notice an 6,872
amount for current support equal to the amount designated in that 6,874
notice as current support multiplied by a fraction in which the 6,875
numerator is the amount of personal earnings, payments, pensions, 6,876
annuities, allowances, benefits, other sources of income, or 6,877
savings available for withholding and the denominator is the 6,878
total amount designated in all of the notices as current support. 6,879
(2) If the total of the amounts designated in the notices 6,881
as current support does not exceed the amount available for 6,882
withholding under section 303(b) of the "Consumer Credit 6,883
Protection Act," 15 U.S.C. 1673(b), the persons and entities 6,884
listed in division (C)(1) of this section PAYOR shall pay all of 6,886
the amounts designated as current support in the notices and 6,887
162
shall allocate to each notice an amount for past-due support 6,888
equal to the amount designated in that notice as past-due support 6,889
multiplied by a fraction in which the numerator is the amount of 6,890
personal earnings, payments, pensions, annuities, allowances, 6,891
benefits, other sources of income, or savings remaining available 6,892
for withholding after the payment of current support and the 6,893
denominator is the total amount designated in all of the notices 6,894
orders as past-due support. 6,895
(E)(1) Except when a provision specifically authorizes or 6,897
requires service other than as described in this division, 6,898
service of any notice on any party, the bureau of workers' 6,899
compensation, an employer that is paying a person's workers' 6,900
compensation benefits, the public employees retirement board, the 6,901
board, board of trustees, or other governing entity of any 6,902
municipal retirement system, the board of trustees of the police 6,903
and firemen's disability and pension fund, the state teachers 6,905
retirement board, the school employees retirement board, the 6,906
state highway patrol retirement board, a person paying or 6,907
otherwise distributing an obligor's income, a financial 6,908
institution, or an employer A PAYOR, for purposes of division (A) 6,910
or (B) of this section, may SHALL be made by personal service or 6,911
ordinary first class mail directed to the addressee at the 6,913
addressee's last known address, or, in the case of a corporation, 6,914
at its usual place of doing business. A NOTICE SHALL BE 6,915
CONSIDERED TO HAVE BEEN SERVED WHEN IT IS MAILED. 6,916
(2) Each party to an administrative support order shall 6,918
notify the child support enforcement agency of the party's 6,919
current mailing address and, current residence address, CURRENT 6,921
RESIDENCE TELEPHONE NUMBER, AND CURRENT DRIVER'S LICENSE NUMBER, 6,922
at the time of the issuance or modification of the order and, 6,923
until further notice of the agency that issues the order, shall 6,924
notify the agency of any change in either address THAT 6,925
INFORMATION immediately after the change occurs. No person shall 6,927
fail to give the notice as required by division (E)(2) of this 6,928
163
section.
(3) Each administrative support order issued pursuant to 6,930
this section shall contain a statement requiring each party to 6,931
the order to notify the child support enforcement agency in 6,932
writing of the party's current mailing address, the party's 6,933
current residence address, and of any changes in either address, 6,934
and a notice that the requirement to notify the agency of all 6,935
changes in either address continues until further notice from the 6,937
agency. NOTICE THAT STATES THE FOLLOWING IN BOLDFACED TYPE AND 6,939
IN ALL CAPITAL LETTERS:
"EACH PARTY TO THIS SUPPORT ORDER MUST NOTIFY THE CHILD 6,942
SUPPORT ENFORCEMENT AGENCY IN WRITING OF HIS OR HER CURRENT 6,943
MAILING ADDRESS, CURRENT RESIDENCE ADDRESS, CURRENT RESIDENCE 6,944
TELEPHONE NUMBER, CURRENT DRIVER'S LICENSE NUMBER, AND OF ANY 6,945
CHANGES IN THAT INFORMATION. EACH PARTY MUST NOTIFY THE AGENCY 6,946
OF ALL CHANGES UNTIL FURTHER NOTICE FROM THE AGENCY. IF YOU ARE 6,947
THE OBLIGOR UNDER THE SUPPORT ORDER AND YOU FAIL TO MAKE THE 6,948
REQUIRED NOTIFICATIONS, YOU MAY BE FINED UP TO $50 FOR A FIRST 6,949
OFFENSE, $100 FOR A SECOND OFFENSE, AND $500 FOR EACH SUBSEQUENT 6,950
OFFENSE.
IF YOU ARE AN OBLIGOR AND YOU FAIL TO MAKE THE REQUIRED 6,952
NOTIFICATIONS, YOU MAY NOT RECEIVE NOTICE OF THE FOLLOWING 6,953
ENFORCEMENT ACTIONS AGAINST YOU: IMPOSITION OF LIENS AGAINST 6,954
YOUR PROPERTY; LOSS OF YOUR PROFESSIONAL OR OCCUPATIONAL LICENSE, 6,956
DRIVER'S LICENSE, AND RECREATIONAL LICENSE; WITHHOLDING FROM YOUR 6,957
INCOME; ACCESS RESTRICTION AND DEDUCTION FROM YOUR ACCOUNTS IN
FINANCIAL INSTITUTIONS; AND ANY OTHER ACTION PERMITTED BY LAW TO 6,959
OBTAIN MONEY FROM YOU TO SATISFY YOUR SUPPORT OBLIGATION." 6,961
(4)(a) The parent who is the residential parent and legal 6,963
custodian of a child for whom an administrative support order is 6,964
issued or the person who otherwise has custody of a child for 6,965
whom an administrative support order is issued immediately shall 6,966
notify, and the obligor under an administrative support order may 6,967
notify, the child support enforcement agency of any reason for 6,968
164
which an administrative support order should terminate, 6,969
including, but not limited to, THE CHILD'S ATTAINMENT OF THE AGE 6,970
OF MAJORITY IF THE CHILD NO LONGER ATTENDS AN ACCREDITED HIGH 6,971
SCHOOL ON A FULL-TIME BASIS; THE CHILD CEASING TO ATTEND SUCH A 6,973
HIGH SCHOOL ON A FULL-TIME BASIS AFTER ATTAINING THE AGE OF 6,974
MAJORITY; OR THE death, marriage, emancipation, enlistment in the 6,977
armed services, deportation, or change of legal or physical 6,978
custody of the child. Upon receipt of a notice pursuant to this 6,979
division, the agency immediately shall conduct an investigation 6,982
to determine if any reason exists for which the administrative 6,983
support order should terminate. THE AGENCY MAY CONDUCT SUCH AN 6,984
INVESTIGATION REGARDLESS OF WHETHER A PARENT OR PERSON WITH
CUSTODY SENDS A NOTICE THAT THE ORDER SHOULD TERMINATE. If the 6,985
agency so determines THE ORDER SHOULD TERMINATE, it immediately 6,986
shall terminate the administrative support order. 6,989
(b) Upon receipt of a notice given pursuant to division 6,992
(E)(4)(a) of this section, the agency shall DIRECT THE DIVISION 6,994
OF CHILD SUPPORT TO impound any funds received for the child 6,995
pursuant to the administrative support order and THE AGENCY SHALL 6,996
set the case for an administrative hearing for a determination of 6,998
whether the administrative support order should be terminated or 6,999
modified or whether the agency should take any other appropriate 7,000
action.
(c) If the child support enforcement agency terminates an 7,002
administrative support order pursuant to divisions (E)(4)(a) and 7,004
(b) of this section, the termination of the support order also 7,005
terminates any withholding or deduction order as described in 7,006
division (B) of this section that was issued relative to the 7,007
administrative support order prior to December 31, 1993, and any 7,008
withholding or deduction notice as described in division (B) of 7,009
this section that was issued relative to the administrative 7,010
support order on or after December 31, 1993. Upon the 7,011
termination of any withholding or deduction order or any 7,012
withholding or deduction notice, the agency immediately shall 7,013
165
notify each employer, PAYOR OR financial institution, or other 7,015
person or entity that was required to withhold or deduct a sum of
money for the payment of support under the terminated withholding 7,017
or deduction order or the terminated withholding or deduction 7,018
notice that the order or notice has been terminated and that it 7,019
is required to cease all withholding or deduction under the order 7,020
or notice. 7,021
(d) The department of human services shall adopt rules 7,023
that provide for both of the following: 7,024
(i) The return PAYMENT to the appropriate person of any 7,026
funds that a THE DIVISION OF child support enforcement agency has 7,028
impounded under division (E)(4)(b) of this section, if the 7,030
administrative support order under which CONSISTENT WITH the 7,031
funds were paid has been terminated AGENCY'S DETERMINATION 7,032
pursuant to divisions (E)(4)(a) and (b) of this section; 7,033
(ii) The return to the appropriate person of any other 7,035
payments made pursuant to an administrative support order, if the 7,036
payments were made at any time after the administrative support 7,037
order under which the funds were paid has been terminated 7,038
pursuant to divisions (E)(4)(a) and (b) of this section. 7,039
(5) If any party to an administrative support order 7,041
requests a modification of the administrative support order or if 7,042
any obligee under an administrative support order or any person 7,043
on behalf of the obligee files any action to enforce an 7,044
administrative support order with the agency, the agency shall 7,045
proceed as provided in sections 3111.20 to 3111.28 and 3113.21 to 7,047
3113.219 SECTION 3111.27 of the Revised Code. IF THE OBLIGOR IS 7,049
IN DEFAULT UNDER THE ADMINISTRATIVE SUPPORT ORDER, THE AGENCY 7,050
SHALL PROCEED AS PROVIDED IN DIVISION (B) OF SECTION 3113.21 OF 7,051
THE REVISED CODE. IF ANY PERSON OTHERWISE FILES AN ACTION TO
ENFORCE AN ADMINISTRATIVE SUPPORT ORDER, THE AGENCY SHALL PROCEED 7,052
AS PROVIDED IN SECTIONS 3111.20 TO 3111.28 OF THE REVISED CODE. 7,053
(F)(1)(a) Upon receipt of a notice that a lump-sum payment 7,055
of five ONE hundred FIFTY dollars or more is to be paid to the 7,057
166
obligor, the agency shall do either of the following: 7,058
(a)(i) If the obligor is in default under the 7,060
administrative support order or has any unpaid arrearages under 7,061
the administrative support order, issue an administrative order 7,062
requiring the transmittal of the lump-sum payment to the DIVISION 7,063
OF child support enforcement agency; 7,064
(b)(ii) If the obligor is not in default under the 7,066
administrative support order and does not have any unpaid 7,067
arrearages under the support order, issue an administrative order 7,068
directing the person who gave the notice to the agency to 7,069
immediately pay the full amount of the lump-sum payment to the 7,070
obligor. 7,071
(b) UPON RECEIPT OF NOTICE THAT A LUMP-SUM PAYMENT OF LESS 7,074
THAN ONE HUNDRED FIFTY DOLLARS IS TO BE PAID TO THE OBLIGOR, THE 7,075
AGENCY MAY TAKE THE ACTION DESCRIBED IN DIVISION (F)(1)(a) OF 7,076
THIS SECTION. 7,077
(2) Upon receipt of any moneys pursuant to division 7,079
(F)(1)(a) of this section, a THE DIVISION OF child support 7,080
enforcement agency shall pay the amount of the lump-sum payment 7,081
that is necessary to discharge all of the obligor's arrearages to 7,082
the obligee and, within two business days after its receipt of 7,083
the money, any amount that is remaining after the payment of the 7,084
arrearages to the obligor. 7,085
(G)(1) Any administrative support order, or modification 7,087
of an administrative support order, that is subject to this 7,088
section shall contain the date of birth and social security 7,089
number of the obligor. 7,090
(2) No withholding or deduction notice described in 7,092
division (B) of this section shall contain any information other 7,093
than the information specifically required by division (B) or 7,094
(G)(3) of this section or by any other section of the Revised 7,095
Code and any additional information that the issuing agency 7,096
determines may be necessary to comply with the notice. 7,097
(3) Each withholding or deduction notice described in 7,099
167
division (B) of this section shall include notice of all of the 7,100
following: 7,101
(a) That the child support enforcement agency may bring an 7,103
action under section 3111.28 of the Revised Code requesting the 7,104
court to find the employer, PAYOR OR financial institution, 7,106
employer that is paying the obligor's workers' compensation 7,107
benefits, public employees retirement board, board, board of 7,108
trustees, or other governing entity of any municipal retirement 7,109
system, board of trustees of the police and firemen's disability 7,110
and pension fund, state teachers retirement board, school 7,112
employees retirement board, state highway patrol retirement 7,113
board, person paying or otherwise distributing an obligor's 7,114
income, or bureau of workers' compensation in contempt pursuant
to section 2705.02 of the Revised Code if the employer, PAYOR OR 7,115
financial institution, employer that is paying the obligor's 7,116
workers' compensation benefits, public employees retirement 7,117
board, board, board of trustees, or other governing entity of the 7,118
municipal retirement system, board of trustees of the police and 7,119
firemen's disability and pension fund, state teachers retirement 7,121
board, school employees retirement board, state highway patrol 7,122
retirement board, person paying or otherwise distributing the 7,123
obligor's income, or bureau of workers' compensation fails to 7,124
comply with the withholding or deduction notice; 7,125
(b) That, if the employer, PAYOR OR financial institution, 7,127
employer that is paying the obligor's workers' compensation 7,129
benefits, public employees retirement board, board, board of 7,130
trustees, or other governing entity of the municipal retirement 7,131
system, board of trustees of the police and firemen's disability 7,133
and pension fund, state teachers retirement board, school 7,134
employees retirement board, state highway patrol retirement 7,135
board, person paying or otherwise distributing an obligor's 7,136
income, or bureau of workers' compensation fails to comply with 7,137
the withholding or deduction notice, that failure to comply is 7,139
contempt pursuant to section 2705.02 of the Revised Code. 7,140
168
(H) No withholding or deduction notice described in 7,142
division (B) of this section and issued under this section or any 7,143
other section of the Revised Code shall be terminated solely 7,144
because the obligor pays any part or all of the arrearages under 7,145
the administrative support order. 7,146
(I)(1) Except as provided in division (I)(2) of this 7,148
section and section 2301.42 of the Revised Code and the rules 7,149
adopted pursuant to division (C) of that section, if child 7,152
support arrearages are owed by an obligor to the obligee and to 7,154
the department of human services, any payments received on the 7,155
arrearages by the DIVISION OF child support enforcement agency 7,156
first shall be paid to the obligee until the arrearages owed to 7,158
the obligee are paid in full.
(2) Division (I)(1) of this section does not apply to the 7,160
collection of past-due child support from refunds of paid federal 7,161
taxes pursuant to section 5101.32 of the Revised Code or of 7,162
overdue child support from refunds of paid state income taxes 7,163
pursuant to sections 5101.321 and 5747.121 of the Revised Code. 7,164
Sec. 3111.231. IF A CHILD SUPPORT ENFORCEMENT AGENCY 7,166
OTHERWISE REQUIRED BY DIVISION (A) OF SECTION 3111.23 OF THE 7,169
REVISED CODE TO ISSUE A WITHHOLDING OR DEDUCTION NOTICE UNDER 7,171
DIVISION (B) OF THAT SECTION IS UNABLE TO ISSUE THE NOTICE 7,173
BECAUSE NONE OF THE CONDITIONS SPECIFIED IN DIVISION (B) OF THAT 7,174
SECTION FOR ISSUING THE NOTICE APPLY TO THE OBLIGOR, THE AGENCY 7,175
SHALL ISSUE AN ADMINISTRATIVE ORDER REQUIRING THE OBLIGOR, IF 7,176
ABLE TO ENGAGE IN EMPLOYMENT, TO SEEK EMPLOYMENT OR PARTICIPATE 7,177
IN A WORK ACTIVITY TO WHICH A RECIPIENT OF ASSISTANCE UNDER TITLE 7,179
IV-A OF THE "SOCIAL SECURITY ACT," 49 STAT. 620 (1935), 42 7,185
U.S.C.A. 301, AS AMENDED, MAY BE ASSIGNED AS SPECIFIED IN SECTION 7,186
407(d) OF THE "SOCIAL SECURITY ACT," 42 U.S.C.A. 607(d), AS 7,192
AMENDED. THE AGENCY SHALL INCLUDE IN THE ORDER A REQUIREMENT 7,193
THAT THE OBLIGOR NOTIFY THE AGENCY ON OBTAINING EMPLOYMENT OR 7,194
INCOME, OR OWNERSHIP OF ANY ASSET WITH A VALUE OF FIVE HUNDRED 7,195
DOLLARS OR MORE. THE AGENCY MAY ISSUE THE ORDER REGARDLESS OF 7,196
169
WHETHER THE OBLIGEE TO WHOM THE OBLIGOR OWES SUPPORT IS A 7,197
RECIPIENT OF ASSISTANCE UNDER TITLE IV-A OF THE "SOCIAL SECURITY 7,201
ACT." 7,202
IF AN OBLIGOR IS ORDERED TO PARTICIPATE IN A WORK ACTIVITY, 7,206
THE CHILD SUPPORT ENFORCEMENT AGENCY SHALL OVERSEE THE OBLIGOR'S 7,207
PARTICIPATION IN ACCORDANCE WITH RULES THE DEPARTMENT OF HUMAN 7,208
SERVICES SHALL ADOPT IN ACCORDANCE WITH CHAPTER 119. OF THE 7,210
REVISED CODE. THE AGENCY MAY CONTRACT WITH ONE OR MORE PERSONS 7,212
OR GOVERNMENT ENTITIES TO CARRY OUT SOME OR ALL OF ITS OVERSIGHT 7,213
DUTIES.
IF AN OBLIGOR FAILS TO COMPLY WITH AN ADMINISTRATIVE ORDER, 7,216
THE AGENCY SHALL SUBMIT A REQUEST TO A COURT FOR THE COURT TO 7,217
TAKE ACTION UNDER DIVISION (D)(4) OF SECTION 3113.21 OF THE 7,219
REVISED CODE. 7,220
Sec. 3111.24. (A)(1) For purposes of this section, a 7,229
withholding or deduction order that was issued prior to December 7,230
31, 1993, under division (A)(1), (2), (3), (4), or (5) of section 7,231
3111.23 of the Revised Code as the division existed prior to that 7,232
date and that has not been terminated on or after December 31, 7,233
1993, shall be considered to be a withholding or deduction notice 7,234
issued under divisions (A) and (B)(1), OR (2), (3), (4), or (5) 7,236
of section 3111.23 of the Revised Code. 7,237
(2) An employer A PAYOR required to withhold a specified 7,239
amount from the personal earnings INCOME of an employee pursuant 7,240
to a withholding notice issued under section 3111.23 of the 7,241
Revised Code for purposes of support also may deduct from the 7,242
personal earnings INCOME of the person, in addition to the amount 7,243
withheld for purposes of support, a fee of two dollars or an 7,245
amount not to exceed one per cent of the amount withheld for 7,246
purposes of support, whichever is greater, as a charge for its 7,247
services in complying with the withholding requirement included 7,248
in the withholding notice. An employer that is paying a person's 7,249
workers' compensation benefits and that is required to withhold a 7,250
specified amount from a person's workers' compensation benefits 7,251
170
pursuant to a withholding notice issued under divisions (A) and 7,252
(B)(2) of section 3111.23 of the Revised Code for purposes of 7,253
support also may deduct from the workers' compensation benefits, 7,254
in addition to the amount withheld for purposes of support, a fee 7,255
of two dollars or an amount not to exceed one per cent of the 7,256
amount withheld for purposes of support, whichever is greater, as 7,257
a charge for its services in complying with the withholding 7,258
requirement included in the withholding notice. A financial 7,259
institution required to deduct funds from an account pursuant to 7,260
a deduction notice issued under divisions (A) and (B)(5)(2) of 7,261
section 3111.23 of the Revised Code for purposes of support may 7,262
deduct from the account of the person, in addition to the amount 7,263
deducted for purposes of support, a fee of five dollars or an 7,264
amount not to exceed the lowest rate that it charges, if any, for 7,265
a debit transaction in a similar account, whichever is less, as a 7,266
charge for its service in complying with the deduction 7,267
requirement included in the deduction notice. The public 7,268
employees retirement board, the board, board of trustees, or 7,269
other governing entity of any municipal retirement system, the 7,270
board of trustees of the police and firemen's disability and 7,271
pension fund, the state teachers retirement board, the school 7,272
employees retirement board, the state highway patrol retirement 7,273
board, and a person paying or otherwise distributing an obligor's 7,274
income required to withhold or deduct a specified amount from an 7,275
obligor's pension, annuity, allowance, other benefit, or other 7,276
source of income pursuant to a withholding or deduction notice 7,277
issued under divisions (A) and (B)(3) or (4) of section 3111.23 7,278
of the Revised Code for purposes of support also may deduct from 7,279
the obligor's pension, annuity, allowance, other benefit, or 7,280
other source of income, a fee of two dollars or an amount not to 7,281
exceed one per cent of the amount withheld or deducted, whichever 7,282
is less, as a charge for its services in complying with the 7,283
withholding or deduction requirement included in the withholding 7,284
or deduction notice. 7,285
171
The entire amount withheld or deducted pursuant to a 7,287
withholding or deduction notice issued under divisions (A) and 7,288
(B) of section 3111.23 of the Revised Code for purposes of 7,289
support shall be forwarded to the DIVISION OF child support 7,290
enforcement agency IN THE DEPARTMENT OF HUMAN SERVICES 7,292
immediately, but no later than ten SEVEN working days, after the 7,293
withholding or deduction, as directed in the withholding or 7,294
deduction notice. 7,295
(B) If an employer, a PAYOR OR financial institution, an 7,297
employer that is paying an obligor's workers' compensation 7,299
benefits, the public employees retirement board, the board, board 7,300
of trustees, or other governing entity of any municipal 7,301
retirement system, the board of trustees of the police and 7,302
firemen's disability and pension fund, the state teachers 7,303
retirement board, the school employees retirement board, the 7,304
state highway patrol retirement board, the person paying or 7,305
otherwise distributing an obligor's income, or the bureau of 7,306
workers' compensation is required to withhold or deduct a 7,307
specified amount from the personal earnings, payments, pensions, 7,308
annuities, allowances, benefits, other sources of income, or 7,309
savings of more than one obligor pursuant to a withholding or 7,310
deduction notice issued under divisions (A) and (B) of section 7,311
3111.23 of the Revised Code and is required to forward the 7,312
amounts withheld or deducted to the DIVISION OF child support 7,313
enforcement agency, the employer, the public employees retirement 7,314
board, the board, board of trustees, or other governing entity of 7,315
any municipal retirement system, the board of trustees of the 7,316
police and firemen's disability and pension fund, the state 7,317
teachers retirement board, the school employees retirement board, 7,318
the state highway patrol retirement board, the person paying or 7,319
otherwise distributing an obligor's income, the PAYOR OR 7,320
financial institution, the employer that is paying an obligor's 7,321
workers' compensation benefits, or the bureau of workers' 7,322
compensation may combine all of the amounts to be forwarded in 7,323
172
one payment, provided the payment is accompanied by a list that 7,324
clearly identifies each obligor who is covered by the payment and 7,325
the portion of the payment that is attributable to that obligor. 7,326
(C) Upon receipt of any amount forwarded from an employer, 7,328
a PAYOR OR financial institution, an employer that is paying a 7,329
person's workers' compensation benefits, the public employees 7,331
retirement board, the board, board of trustees, or other 7,332
governing entity of any municipal retirement system, the board of 7,333
trustees of the police and firemen's disability and pension fund, 7,334
the state teachers retirement board, the school employees 7,335
retirement board, the state highway patrol retirement board, the 7,336
person paying or otherwise distributing an obligor's income, or 7,337
the bureau of workers' compensation under this section, a THE 7,338
DIVISION OF child support enforcement agency shall distribute the 7,340
amount to the obligee within two business days of its receipt of 7,341
the amount forwarded. The department of human services may adopt, 7,342
amend, and rescind rules in accordance with Chapter 119. of the 7,343
Revised Code to assist child support enforcement agencies in the 7,344
implementation of this division. 7,345
(D) A PAYOR OR FINANCIAL INSTITUTION SHALL NOT BE SUBJECT 7,347
TO CRIMINAL OR CIVIL LIABILITY FOR COMPLIANCE, IN ACCORDANCE WITH 7,348
THIS SECTION, WITH A WITHHOLDING OR DEDUCTION NOTICE ISSUED 7,349
PURSUANT TO DIVISION (B) OF SECTION 3111.23 OF THE REVISED CODE. 7,350
Sec. 3111.241. (A) As used in this section, "insurer" 7,359
means any person that is authorized to engage in the business of 7,360
insurance in this state under Title XXXIX of the Revised Code, 7,361
any health insuring corporation, and any legal entity that is 7,363
self-insured and provides benefits to its employees or members. 7,364
(B) If an administrative officer of a child support 7,366
enforcement agency issues IN ANY PROCEEDING IN WHICH an 7,367
administrative support order IS ISSUED under section 3111.20, 7,369
3111.21 3111.211, or 3111.22 of the Revised Code, in addition to 7,371
any requirements in those sections, the CHILD SUPPORT ENFORCEMENT 7,372
agency also shall issue a separate order that includes all 7,374
173
DETERMINE THE PARENT RESPONSIBLE FOR THE HEALTH CARE OF THE 7,375
CHILDREN SUBJECT TO THE ORDER AND SHALL INCLUDE IN THE ORDER ONE 7,376
of the following:
(1) A requirement that the obligor under the child support 7,378
order obtain health insurance coverage for the children who are 7,379
the subject of the administrative child support order from an 7,380
insurer that provides a group health insurance or health care 7,381
policy, contract, or plan that is specified in the order and a 7,382
requirement that the obligor, no later than thirty days after the 7,383
issuance of the order under division (B)(1) of this section, 7,384
furnish written proof to the child support enforcement agency 7,385
that the required health insurance coverage has been obtained, if 7,386
that coverage is available at a reasonable cost through a group 7,387
health insurance or health care policy, contract, or plan offered 7,388
by the obligor's employer or through any other group health 7,389
insurance or health care policy, contract, or plan available to 7,390
the obligor and if health insurance coverage for the children IT 7,391
is not available for a more reasonable cost through a group 7,393
health insurance or health care policy, contract, or plan 7,394
available to the obligee under the administrative child support 7,395
order;
(2) If the obligor is required under division (B)(1) of 7,397
this section to obtain health insurance coverage for the children 7,398
who are the subject of the administrative child support order, a 7,399
requirement that the obligor supply the obligee with information 7,400
regarding the benefits, limitations, and exclusions of the health 7,401
insurance coverage, copies of any insurance forms necessary to 7,402
receive reimbursement, payment, or other benefits under the 7,403
health insurance coverage, and a copy of any necessary insurance 7,404
cards, a requirement that the obligor submit a copy of the 7,405
administrative order issued pursuant to division (B) of this 7,406
section to the insurer at the time that the obligor makes 7,407
application to enroll the children in the health insurance or 7,408
health care policy, contract, or plan, and a requirement that the 7,409
174
obligor, no later than thirty days after the issuance of the 7,410
administrative order under division (B)(2) of this section, 7,411
furnish written proof to the child support enforcement agency 7,412
that division (B)(2) of this section has been complied with; 7,413
(3) A requirement that the obligee under the 7,415
administrative child support order obtain health insurance 7,416
coverage for the children who are the subject of the 7,417
administrative child support order from an insurer that provides 7,418
a group health insurance or health care policy, contract, or plan 7,419
that is specified in the administrative order and a requirement 7,420
that the obligee, no later than thirty days after the issuance of 7,421
the administrative order under division (B)(1) of this section, 7,422
furnish written proof to the child support enforcement agency 7,423
that the required health insurance coverage has been obtained, if 7,424
that coverage is available through a group health insurance or 7,425
health care policy, contract, or plan offered by the obligee's 7,426
employer or through any other group health insurance or health 7,427
care policy, contract, or plan available to the obligee and if 7,428
that coverage IT is available at a more reasonable cost than 7,429
health insurance SUCH coverage for the children through a group 7,431
health insurance or health care policy, contract, or plan IS 7,432
available to the obligor; 7,433
(4) If the obligee is required under division (B)(3) of 7,435
this section to obtain health insurance coverage for the children 7,436
who are the subject of the administrative child support order, a 7,437
requirement that the obligee submit a copy of the administrative 7,438
order issued pursuant to division (B) of this section to the 7,439
insurer at the time that the obligee makes application to enroll 7,440
the children in the health insurance or health care policy, 7,441
contract, or plan; 7,442
(5) A list of the group health insurance and health care 7,444
policies, contracts, and plans that the child support enforcement 7,445
agency determines are available at a reasonable cost to the 7,446
obligor or to the obligee and the name of the insurer that issues 7,447
175
each policy, contract, or plan; 7,448
(6) A statement setting forth the name, address, and 7,450
telephone number of the individual who is to be reimbursed for 7,451
out-of-pocket medical, optical, hospital, dental, or prescription 7,452
expenses paid for each child who is the subject of the 7,453
administrative child support order and a statement that the 7,454
insurer that provides the health insurance coverage for the 7,455
children may continue making payment for medical, optical, 7,456
hospital, dental, or prescription services directly to any health 7,457
care provider in accordance with the applicable health insurance 7,458
or health care policy, contract, or plan; 7,459
(7) A requirement that the obligor and the obligee 7,461
designate the children who are the subject of the administrative 7,462
child support order as covered dependents under any health 7,463
insurance or health care policy, contract, or plan for which they 7,464
contract; 7,465
(8) A requirement that the obligor, the obligee, or both 7,467
of them under a formula established by the child support 7,468
enforcement agency pay copayment or deductible costs required 7,469
under the health insurance or health care policy, contract, or 7,470
plan that covers the children; 7,471
(9)(3) If health insurance coverage for the children who 7,473
are the subject of the administrative order is not available at a 7,475
reasonable cost through a group health insurance or health care 7,476
policy, contract, or plan offered by the obligor's employer or 7,477
through any other group health insurance or health care policy, 7,478
contract, or plan available to the obligor and is not available 7,479
at a reasonable cost through a group health insurance or health 7,480
care policy, contract, or plan offered by the obligee's employer 7,481
or through any other group health insurance or health care 7,482
policy, contract, or plan available to OR the obligee, a 7,483
requirement that the obligor and the obligee share liability for 7,485
the cost of the medical and health care needs of the children who 7,486
are the subject of the administrative order, under an equitable 7,487
176
formula established by the agency, and a requirement that if, 7,488
after the issuance of the order, health insurance coverage for 7,489
the children who are the subject of the administrative order 7,490
becomes available at a reasonable cost through a group health 7,491
insurance or health care policy, contract, or plan offered by the 7,492
obligor's or obligee's employer or through any other group health 7,493
insurance or health care policy, contract, or plan available to 7,494
the obligor or obligee, the obligor or obligee to whom the 7,495
coverage becomes available immediately inform the agency of that 7,496
fact;
(10) A notice that, if the obligor is required under 7,498
divisions (B)(1) and (2) of this section to obtain health 7,499
insurance coverage for the children who are the subject of the 7,500
administrative child support order and if the obligor fails to 7,501
comply with the requirements of those divisions, the child 7,502
support enforcement agency immediately shall issue an 7,503
administrative order to the employer of the obligor, upon written 7,504
notice from the child support enforcement agency, requiring the 7,505
employer to take whatever action is necessary to make application 7,506
to enroll the obligor in any available group health insurance or 7,507
health care policy, contract, or plan with coverage for the 7,508
children who are the subject of the administrative child support 7,509
order, to submit a copy of the administrative order issued 7,510
pursuant to division (B) of this section to the insurer at the 7,511
time that the employer makes application to enroll the children 7,512
in the health insurance or health care policy, contract, or plan, 7,513
and, if the obligor's application is accepted, to deduct any 7,514
additional amount from the obligor's earnings necessary to pay 7,515
any additional cost for that health insurance coverage; 7,516
(11) A notice that during the time that an order under 7,518
this section is in effect, the employer of the obligor is 7,519
required to release to the obligee or the child support 7,520
enforcement agency upon written request any necessary information 7,521
on the health insurance coverage of the obligor, including, but 7,522
177
not limited to, the name and address of the insurer and any 7,523
policy, contract, or plan number, and to otherwise comply with 7,524
this section and any court order issued under this section; 7,525
(12) A statement setting forth the full name and date of 7,527
birth of each child who is the subject of the administrative 7,528
child support order; 7,529
(13) A requirement that the obligor and the obligee comply 7,531
with any requirement described in division (B)(1), (2), (3), (4), 7,532
or (7) of this section that is contained in the order issued 7,533
under this section no later than thirty days after the issuance 7,534
of the order. 7,535
(C) If an administrative officer of a child support 7,537
enforcement agency issues an administrative support order under 7,538
section 3111.20, 3111.21, or 3111.22 of the Revised Code, the 7,539
child support enforcement agency, in addition to any requirements 7,541
in those sections and in lieu of an order issued under division 7,542
(B) of this section, may issue a separate order requiring both 7,543
(4) A REQUIREMENT THAT BOTH the obligor and the obligee to 7,546
obtain health insurance coverage for the children who are the 7,547
subject of the administrative child support order, if health 7,548
insurance coverage is available for the children and if the 7,549
agency determines that the coverage is available at a reasonable 7,550
cost to both the obligor and the obligee and that the dual 7,551
coverage by both parents would provide for coordination of 7,552
medical benefits without unnecessary duplication of coverage. If 7,553
the agency issues an order under this division, it shall include 7,554
in the order any of the requirements, notices, and information 7,555
set forth in divisions (B)(1) to (13) of this section that are 7,556
applicable.
(D)(C) AN ADMINISTRATIVE SUPPORT ORDER ISSUED PURSUANT TO 7,559
SECTION 3111.20 OR 3111.22 OF THE REVISED CODE SHALL CONTAIN ALL 7,561
OF THE FOLLOWING: 7,562
(1) IF THE OBLIGOR IS REQUIRED UNDER DIVISION (B)(1) OF 7,565
THIS SECTION, THE OBLIGEE IS REQUIRED UNDER DIVISION (B)(2) OF 7,567
178
THIS SECTION, OR BOTH THE OBLIGOR AND OBLIGEE ARE REQUIRED UNDER 7,568
DIVISION (B)(4) OF THIS SECTION, TO PROVIDE HEALTH INSURANCE 7,570
COVERAGE FOR THE CHILDREN, A REQUIREMENT THAT THE OBLIGOR OR 7,571
OBLIGEE, WHOEVER IS REQUIRED TO OBTAIN HEALTH INSURANCE COVERAGE, 7,572
PROVIDE THE OTHER PARENT WITH INFORMATION REGARDING THE BENEFITS, 7,574
LIMITATIONS, AND EXCLUSIONS OF THE HEALTH INSURANCE COVERAGE, 7,575
COPIES OF ANY INSURANCE FORMS NECESSARY TO RECEIVE REIMBURSEMENT, 7,576
PAYMENT, OR OTHER BENEFITS UNDER THE HEALTH INSURANCE COVERAGE, 7,577
AND A COPY OF ANY NECESSARY INSURANCE CARDS, A REQUIREMENT THAT 7,578
THE OBLIGOR OR OBLIGEE, WHOEVER IS REQUIRED TO OBTAIN HEALTH 7,579
INSURANCE COVERAGE, SUBMIT A COPY OF THE ADMINISTRATIVE ORDER 7,580
ISSUED PURSUANT TO DIVISION (B)(1), (2), OR (4) OF THIS SECTION 7,582
TO THE INSURER AT THE TIME THAT THE OBLIGOR OR OBLIGEE, WHOEVER
IS REQUIRED TO OBTAIN HEALTH INSURANCE COVERAGE, MAKES 7,583
APPLICATION TO ENROLL THE CHILDREN IN THE HEALTH INSURANCE OR 7,584
HEALTH CARE POLICY, CONTRACT, OR PLAN, AND A REQUIREMENT THAT THE 7,585
OBLIGOR OR OBLIGEE, WHOEVER IS REQUIRED TO OBTAIN HEALTH 7,586
INSURANCE COVERAGE, FURNISH WRITTEN PROOF TO THE CHILD SUPPORT 7,587
ENFORCEMENT AGENCY THAT DIVISION (C)(1) OF THIS SECTION HAS BEEN 7,588
COMPLIED WITH;
(2) A LIST OF THE GROUP HEALTH INSURANCE AND HEALTH CARE 7,590
POLICIES, CONTRACTS, AND PLANS THAT THE CHILD SUPPORT ENFORCEMENT 7,591
AGENCY DETERMINES ARE AVAILABLE AT A REASONABLE COST TO THE 7,592
OBLIGOR OR TO THE OBLIGEE AND THE NAME OF THE INSURER THAT ISSUES 7,593
EACH POLICY, CONTRACT, OR PLAN; 7,594
(3) A STATEMENT SETTING FORTH THE NAME, ADDRESS, AND 7,596
TELEPHONE NUMBER OF THE INDIVIDUAL WHO IS TO BE REIMBURSED FOR 7,597
OUT-OF-POCKET MEDICAL, OPTICAL, HOSPITAL, DENTAL, OR PRESCRIPTION 7,598
EXPENSES PAID FOR EACH CHILD WHO IS THE SUBJECT OF THE 7,599
ADMINISTRATIVE CHILD SUPPORT ORDER AND A STATEMENT THAT THE 7,600
INSURER THAT PROVIDES THE HEALTH INSURANCE COVERAGE FOR THE 7,601
CHILDREN MAY CONTINUE MAKING PAYMENT FOR MEDICAL, OPTICAL, 7,602
HOSPITAL, DENTAL, OR PRESCRIPTION SERVICES DIRECTLY TO ANY HEALTH 7,603
CARE PROVIDER IN ACCORDANCE WITH THE APPLICABLE HEALTH INSURANCE 7,604
179
OR HEALTH CARE POLICY, CONTRACT, OR PLAN; 7,605
(4) A REQUIREMENT THAT THE OBLIGOR AND THE OBLIGEE 7,607
DESIGNATE THE CHILDREN AS COVERED DEPENDENTS UNDER ANY HEALTH 7,608
INSURANCE OR HEALTH CARE POLICY, CONTRACT, OR PLAN FOR WHICH THEY 7,609
CONTRACT; 7,610
(5) A REQUIREMENT THAT THE OBLIGOR, THE OBLIGEE, OR BOTH 7,612
OF THEM UNDER A FORMULA ESTABLISHED BY THE CHILD SUPPORT 7,613
ENFORCEMENT AGENCY PAY COPAYMENT OR DEDUCTIBLE COSTS REQUIRED 7,614
UNDER THE HEALTH INSURANCE OR HEALTH CARE POLICY, CONTRACT, OR 7,615
PLAN THAT COVERS THE CHILDREN; 7,616
(6) A NOTICE THAT THE EMPLOYER OF THE OBLIGOR OR OBLIGEE 7,618
REQUIRED TO OBTAIN HEALTH INSURANCE COVERAGE IS REQUIRED TO 7,620
RELEASE TO THE OTHER PARENT OR THE CHILD SUPPORT ENFORCEMENT 7,621
AGENCY UPON WRITTEN REQUEST ANY NECESSARY INFORMATION ON THE 7,622
HEALTH INSURANCE COVERAGE, INCLUDING, BUT NOT LIMITED TO, THE 7,623
NAME AND ADDRESS OF THE INSURER AND ANY POLICY, CONTRACT, OR PLAN 7,624
NUMBER, AND TO OTHERWISE COMPLY WITH THIS SECTION AND ANY COURT 7,625
ORDER ISSUED UNDER THIS SECTION;
(7) A STATEMENT SETTING FORTH THE FULL NAME AND DATE OF 7,627
BIRTH OF EACH CHILD WHO IS THE SUBJECT OF THE ADMINISTRATIVE 7,628
CHILD SUPPORT ORDER; 7,629
(8) A REQUIREMENT THAT THE OBLIGOR AND THE OBLIGEE COMPLY 7,631
WITH ANY REQUIREMENT DESCRIBED IN DIVISION (B)(1), (2), AND (4), 7,632
AND (C)(1) AND (4) OF THIS SECTION THAT IS CONTAINED IN THE ORDER 7,633
ISSUED UNDER SECTION 3111.20, 3111.211, OR 3111.22 OF THE REVISED 7,635
CODE NO LATER THAN THIRTY DAYS AFTER THE ISSUANCE OF THE ORDER. 7,637
(9) A NOTICE THAT, IF THE OBLIGOR OR OBLIGEE IS REQUIRED 7,639
TO OBTAIN HEALTH INSURANCE COVERAGE PURSUANT TO AN ADMINISTRATIVE 7,641
SUPPORT ORDER FOR THE CHILDREN AND IF THE OBLIGOR OR OBLIGEE 7,642
FAILS TO OBTAIN THE HEALTH INSURANCE COVERAGE, THE CHILD SUPPORT 7,643
ENFORCEMENT AGENCY WILL COMPLY WITH DIVISION (D) OF THIS SECTION 7,644
TO OBTAIN A COURT ORDER REQUIRING THE OBLIGOR OR OBLIGEE TO 7,645
OBTAIN THE HEALTH INSURANCE COVERAGE; 7,646
(10) A NOTICE THAT STATES THE FOLLOWING: "IF THE PERSON 7,648
180
REQUIRED TO OBTAIN HEALTH CARE INSURANCE COVERAGE FOR THE 7,649
CHILDREN SUBJECT TO THIS ADMINISTRATIVE SUPPORT ORDER OBTAINS NEW 7,651
EMPLOYMENT AND THE HEALTH INSURANCE COVERAGE FOR THE CHILDREN IS 7,652
PROVIDED THROUGH THE PREVIOUS EMPLOYER, THE AGENCY SHALL COMPLY 7,653
WITH THE REQUIREMENTS OF DIVISION (E) OF SECTION 3111.241 OF THE 7,654
REVISED CODE WHICH MAY RESULT IN THE ISSUANCE OF A NOTICE 7,657
REQUIRING THE NEW EMPLOYER TO TAKE WHATEVER ACTION IS NECESSARY 7,658
TO ENROLL THE CHILDREN IN HEALTH CARE INSURANCE COVERAGE PROVIDED 7,659
BY THE NEW EMPLOYER."
(D) IF AN OBLIGOR OR OBLIGEE REQUIRED TO OBTAIN HEALTH 7,661
INSURANCE COVERAGE PURSUANT TO AN ADMINISTRATIVE SUPPORT ORDER 7,663
ISSUED IN ACCORDANCE WITH THIS SECTION DOES NOT OBTAIN THE
REQUIRED HEALTH INSURANCE COVERAGE WITHIN THIRTY DAYS AFTER THE 7,665
ADMINISTRATIVE SUPPORT ORDER IS ISSUED, THE CHILD SUPPORT 7,666
ENFORCEMENT AGENCY SHALL NOTIFY THE COURT OF COMMON PLEAS OF THE 7,667
COUNTY IN WHICH THE AGENCY IS LOCATED IN WRITING OF THE FAILURE 7,668
TO COMPLY WITH THE ADMINISTRATIVE SUPPORT ORDER. ON RECEIPT OF 7,669
THE NOTICE FROM THE AGENCY, THE COURT SHALL ISSUE AN ORDER TO THE 7,670
EMPLOYER OF THE OBLIGOR OR OBLIGEE REQUIRED TO OBTAIN HEALTH 7,671
INSURANCE COVERAGE REQUIRING THE EMPLOYER TO TAKE WHATEVER ACTION 7,672
IS NECESSARY TO MAKE APPLICATION TO ENROLL THE OBLIGOR OR OBLIGEE 7,673
REQUIRED TO OBTAIN HEALTH INSURANCE COVERAGE IN ANY AVAILABLE 7,675
GROUP HEALTH INSURANCE OR HEALTH CARE POLICY, CONTRACT, OR PLAN 7,676
WITH COVERAGE FOR THE CHILDREN, TO SUBMIT A COPY OF THE 7,677
ADMINISTRATIVE SUPPORT ORDER TO THE INSURER AT THE TIME THAT THE 7,678
EMPLOYER MAKES APPLICATION TO ENROLL THE CHILDREN IN THE HEALTH 7,680
INSURANCE OR HEALTH CARE POLICY, CONTRACT, OR PLAN, AND, IF THE 7,681
APPLICATION IS ACCEPTED, TO DEDUCT FROM THE WAGES OR OTHER INCOME 7,682
OF THE OBLIGOR OR OBLIGEE REQUIRED TO OBTAIN HEALTH INSURANCE 7,683
COVERAGE THE COST OF THE COVERAGE FOR THE CHILDREN. ON RECEIPT 7,685
OF ANY COURT ORDER UNDER THIS DIVISION, THE EMPLOYER SHALL TAKE 7,686
WHATEVER ACTION IS NECESSARY TO COMPLY WITH THE COURT ORDER. 7,687
(E)(1) IF AN OBLIGOR OR OBLIGEE IS REQUIRED TO OBTAIN 7,690
HEALTH INSURANCE COVERAGE PURSUANT TO AN ADMINISTRATIVE SUPPORT 7,691
181
ORDER IN ACCORDANCE WITH THIS SECTION AND THE OBLIGOR OR OBLIGEE 7,692
OBTAINS HEALTH INSURANCE COVERAGE FOR THE CHILDREN THROUGH AN 7,693
EMPLOYER AND SUBSEQUENTLY OBTAINS NEW EMPLOYMENT, THE CHILD 7,694
SUPPORT ENFORCEMENT AGENCY SHALL INVESTIGATE WHETHER THE NEW 7,695
EMPLOYER OFFERS HEALTH INSURANCE COVERAGE THAT WOULD COVER THE 7,696
CHILDREN. IF THE AGENCY DETERMINES THAT THE NEW EMPLOYER 7,697
PROVIDES HEALTH INSURANCE COVERAGE THAT WOULD COVER THE CHILDREN, 7,698
THE AGENCY SHALL SEND A NOTICE DESCRIBED IN DIVISION (E)(2) OF 7,700
THIS SECTION AND A COPY OF THE ADMINISTRATIVE SUPPORT ORDER TO 7,701
THE NEW EMPLOYER AND SHALL SEND A COPY OF THE NOTICE TO THE 7,702
OBLIGOR OR OBLIGEE, WHOEVER IS REQUIRED TO OBTAIN HEALTH 7,703
INSURANCE COVERAGE UNDER THE ADMINISTRATIVE SUPPORT ORDER. ON 7,704
RECEIPT OF THE NOTICE, THE NEW EMPLOYER SHALL COMPLY WITH ITS 7,705
PROVISIONS.
(2) THE NOTICE REQUIRED BY DIVISION (E)(1) SHALL CONTAIN 7,708
THE FOLLOWING: 7,709
(a) A REQUIREMENT THAT THE NEW EMPLOYER TAKE WHATEVER 7,712
ACTION IS NECESSARY TO MAKE APPLICATION TO ENROLL THE OBLIGOR OR 7,713
OBLIGEE, WHOEVER IS REQUIRED TO OBTAIN HEALTH INSURANCE COVERAGE, 7,714
IN ANY AVAILABLE GROUP HEALTH INSURANCE OR HEALTH CARE POLICY, 7,715
CONTRACT, OR PLAN WITH COVERAGE FOR THE CHILDREN; 7,716
(b) A REQUIREMENT THAT THE NEW EMPLOYER SUBMIT A COPY OF 7,719
THE ADMINISTRATIVE SUPPORT ORDER REQUIRING THE OBLIGOR OR OBLIGEE 7,720
TO OBTAIN HEALTH CARE INSURANCE FOR THE CHILDREN TO THE INSURER 7,721
AT THE TIME THAT THE EMPLOYER MAKES APPLICATION TO ENROLL THE 7,722
CHILDREN IN THE HEALTH INSURANCE OR HEALTH CARE POLICY, CONTRACT, 7,723
OR PLAN;
(c) A REQUIREMENT THAT, IF THE APPLICATION IS ACCEPTED, 7,726
THE NEW EMPLOYER DEDUCT FROM THE WAGES OR OTHER INCOME OF THE 7,727
OBLIGOR OR OBLIGEE, WHOEVER IS REQUIRED TO OBTAIN THE HEALTH 7,728
INSURANCE COVERAGE, THE COST OF THE COVERAGE FOR THE CHILDREN; 7,729
(d) A STATEMENT THAT THE PROVISIONS OF THE NOTICE ARE 7,732
FINAL AND ENFORCEABLE BY A COURT AND ARE INCORPORATED INTO THE 7,733
ADMINISTRATIVE SUPPORT ORDER UNLESS THE OBLIGOR OR OBLIGEE
182
REQUIRED TO OBTAIN HEALTH INSURANCE COVERAGE, WITHIN TEN DAYS 7,734
AFTER THE DATE ON WHICH THE NOTICE IS SENT, FILES A WRITTEN 7,735
REQUEST WITH THE AGENCY REQUESTING MODIFICATION OF THE 7,736
ADMINISTRATIVE SUPPORT ORDER PURSUANT TO SECTION 3111.27 OF THE 7,737
REVISED CODE. 7,738
(F) Any administrative SUPPORT order issued under IN 7,741
ACCORDANCE WITH, OR ANY COURT ORDER ISSUED UNDER DIVISION (D) OF, 7,742
this section shall be binding upon the obligor and the obligee, 7,744
their employers, and any insurer that provides health insurance 7,745
coverage for either of them or their children. The agency shall 7,746
send a copy of any THE administrative SUPPORT order issued under 7,748
this section that contains any requirement or notice described in 7,749
division (B)(1), (2), (3), (4), (7), (8), or (10) of this section 7,751
OR COURT ORDER by ordinary mail to the obligor, the obligee, and 7,752
any employer that is subject to the administrative order OR COURT 7,753
ORDER. The agency shall send a copy of any administrative order 7,755
issued under this section that contains any requirement contained 7,756
in division (B)(9) of this section by ordinary mail to the 7,757
obligor and obligee.
(E) If an obligor does not comply with any administrative 7,759
order issued under this section that contains any requirement or 7,760
notice described in division (B)(1), (2), (4), (7), (8), or (10) 7,761
of this section within thirty days after the administrative order 7,762
is issued, the child support enforcement agency shall notify the 7,763
court of common pleas of the county in which the agency is 7,764
located in writing of the failure of the obligor to comply with 7,765
the administrative order. Upon receipt of the notice from the 7,766
agency, the court shall issue an order to the employer of the 7,767
obligor requiring the employer to take whatever action is 7,768
necessary to make application to enroll the obligor in any 7,769
available group health insurance or health care policy, contract, 7,770
or plan with coverage for the children who are the subject of the 7,771
administrative child support order, to submit a copy of the 7,772
administrative order issued pursuant to division (B) of this 7,773
183
section to the insurer at the time that the employer makes 7,774
application to enroll the children in the health insurance or 7,775
health care policy, contract, or plan, and, if the obligor's 7,776
application is accepted, to deduct from the wages or other income 7,777
of the obligor the cost of the coverage for the children. Upon 7,778
receipt of any court order under this division, the employer 7,779
shall take whatever action is necessary to comply with the court 7,780
order. 7,781
(G)(1) During the time that any administrative SUPPORT 7,783
ORDER ISSUED IN ACCORDANCE WITH, or court order issued under 7,785
DIVISION (D) OF, this section is in effect and after the employer 7,787
has received a copy of the administrative SUPPORT ORDER or court 7,788
order, the employer of the obligor who is the subject of OR 7,789
OBLIGEE REQUIRED TO COMPLY WITH the administrative SUPPORT ORDER 7,790
or court order shall comply with the administrative SUPPORT ORDER 7,791
or court order and, upon request from the obligee OTHER PARENT or 7,793
THE agency, shall release to the obligee THAT OTHER PARENT and 7,795
the child support enforcement agency all information about the 7,797
obligor's health insurance coverage that is necessary to ensure 7,798
compliance with this section or any administrative SUPPORT ORDER 7,799
ISSUED IN ACCORDANCE WITH, or court order issued under DIVISION 7,800
(D) OF, this section, including, but not limited to, the name and 7,801
address of the insurer and any policy, contract, or plan number. 7,802
Any information provided by an employer pursuant to this division 7,803
shall be used only for the purpose of the enforcement of an THE 7,804
administrative SUPPORT ORDER or court order issued under this 7,805
section. 7,806
(2) Any employer who receives a copy of an THE 7,808
administrative SUPPORT ORDER or court order issued under this 7,810
section shall notify the child support enforcement agency of any 7,811
change in or the termination of the obligor's health insurance 7,812
coverage that is maintained pursuant to an THE order issued under 7,813
this section.
(F)(3) Any insurer that receives a copy of an 7,815
184
administrative SUPPORT order OR COURT ORDER issued under IN 7,816
ACCORDANCE WITH this section shall comply with this section and 7,818
any administrative order issued under this section, regardless of 7,819
the residence of the children. If an insurer provides health 7,820
insurance coverage for the children who are the subject of an 7,821
administrative child support order in accordance with an THE 7,822
ADMINISTRATIVE SUPPORT order OR COURT ORDER issued under DIVISION 7,823
(D) OF this section, the insurer shall reimburse the parent, who 7,824
is designated to receive reimbursement in the administrative 7,825
SUPPORT order issued under this section, for covered 7,827
out-of-pocket medical, optical, hospital, dental, or prescription 7,828
expenses incurred on behalf of the children subject to the 7,829
administrative order.
(G)(H) If an obligee under an administrative child support 7,831
order ISSUED IN ACCORDANCE WITH THIS SECTION is eligible for 7,832
medical assistance under Chapter 5111. or 5115. of the Revised 7,834
Code and the obligor has obtained health insurance coverage 7,835
pursuant to an administrative order issued under division (B) of 7,836
this section, the obligee shall notify any physician, hospital, 7,837
or other provider of medical services for which medical 7,838
assistance is available of the name and address of the obligor's 7,839
insurer and of the number of the obligor's health insurance or 7,840
health care policy, contract, or plan. Any physician, hospital, 7,841
or other provider of medical services for which medical 7,842
assistance is available under Chapter 5111. or 5115. of the 7,843
Revised Code who is notified under this division of the existence 7,844
of a health insurance or health care policy, contract, or plan 7,845
with coverage for children who are eligible for medical
assistance first shall bill the insurer for any services provided 7,846
for those children. If the insurer fails to pay all or any part 7,847
of a claim filed under this division by the physician, hospital, 7,848
or other medical services provider and the services for which the 7,849
claim is filed are covered by Chapter 5111. or 5115. of the 7,850
Revised Code, the physician, hospital, or other medical services 7,852
185
provider shall bill the remaining unpaid costs of the services in 7,853
accordance with Chapter 5111. or 5115. of the Revised Code. 7,854
(H)(I) Any obligor who fails to comply with an 7,856
administrative SUPPORT order issued under IN ACCORDANCE WITH, OR 7,857
A COURT ORDER ISSUED UNDER DIVISION (D) OF, this section is 7,858
liable to the obligee for any medical expenses incurred as a 7,860
result of the failure to comply with the administrative order. 7,861
AN OBLIGEE WHO FAILS TO COMPLY WITH AN ADMINISTRATIVE SUPPORT 7,862
ORDER ISSUED IN ACCORDANCE WITH, OR A COURT ORDER ISSUED UNDER 7,863
DIVISION (D) OF, THIS SECTION IS LIABLE TO THE OBLIGOR FOR ANY 7,864
MEDICAL EXPENSES INCURRED AS A RESULT OF THE FAILURE TO COMPLY
WITH THE ORDER. 7,865
(I)(J) Nothing in this section shall be construed to 7,867
require an insurer to accept for enrollment any child who does 7,868
not meet the underwriting standards of the health insurance or 7,869
health care policy, contract, or plan for which application is 7,870
made.
(J) If any person fails to comply with an administrative 7,872
(K) WHOEVER VIOLATES A COURT order issued under DIVISION (D) OF 7,874
this section, the agency may bring an action under section 7,876
3111.242 of the Revised Code in the juvenile court of the county 7,877
in which the agency is located requesting the court to find the 7,878
obligor or any other person in MAY BE PUNISHED AS FOR contempt 7,879
pursuant to section 2705.02 of the Revised Code. 7,880
(L) AN ADMINISTRATIVE ORDER ISSUED PURSUANT TO THIS 7,883
SECTION PRIOR TO THE EFFECTIVE DATE OF THIS AMENDMENT TO PROVIDE 7,884
FOR THE HEALTH CARE NEEDS OF CHILDREN SUBJECT TO AN 7,885
ADMINISTRATIVE SUPPORT ORDER ISSUED PURSUANT TO FORMER SECTION 7,886
3111.21 OR SECTION 3111.20 OR 3111.22 OF THE REVISED CODE SHALL 7,888
REMAIN IN FULL FORCE AND EFFECT AND SHALL BE CONSIDERED A 7,889
REQUIREMENT INCLUDED AS PART OF THE ADMINISTRATIVE SUPPORT ORDER. 7,890
THE ADMINISTRATIVE SUPPORT ORDER SHALL BE SUBJECT TO THE 7,891
PROVISIONS OF THIS SECTION ON AND AFTER THE EFFECTIVE DATE OF 7,892
THIS AMENDMENT.
186
Sec. 3111.242. (A) If an obligor or any other person 7,901
fails to comply with an administrative order issued under FORMER 7,903
SECTION 3111.21 OR section 3111.20, 3111.21 3111.211, OR 3111.22, 7,905
or 3111.241 of the Revised Code, the child support enforcement 7,907
agency that issued the administrative order may request the 7,908
juvenile court of the county in which the agency is located to
find the obligor or other person in contempt pursuant to section 7,909
2705.02 of the Revised Code. 7,910
(B) IF AN ALLEGED FATHER OR NATURAL MOTHER WILLFULLY FAILS 7,913
TO SUBMIT TO GENETIC TESTING, OR THE ALLEGED FATHER, NATURAL 7,914
MOTHER, OR ANY OTHER PERSON WHO IS THE CUSTODIAN OF THE CHILD 7,915
WILLFULLY FAILS TO SUBMIT THE CHILD TO GENETIC TESTING, AS 7,916
REQUIRED BY AN ORDER FOR GENETIC TESTING ISSUED UNDER SECTION 7,917
3111.22 OF THE REVISED CODE, THE CHILD SUPPORT ENFORCEMENT AGENCY 7,920
THAT ISSUED THE ORDER MAY REQUEST THAT THE JUVENILE COURT OF THE 7,921
COUNTY IN WHICH THE AGENCY IS LOCATED FIND THE ALLEGED FATHER, 7,922
NATURAL MOTHER, OR OTHER PERSON IN CONTEMPT PURSUANT TO SECTION 7,923
2705.02 OF THE REVISED CODE. 7,925
Sec. 3111.25. (A)(1) For purposes of this section, a 7,934
withholding or deduction order that was issued prior to December 7,935
31, 1993, under division (A)(1), (2), (4), or (5) of section 7,936
3111.23 of the Revised Code as the division existed prior to that 7,937
date and that has not been terminated on or after December 31, 7,938
1993, shall be considered to be a withholding or deduction notice 7,939
issued under divisions (A) and (B)(1), OR (2), (4), or (5) of 7,941
section 3111.23 of the Revised Code. 7,942
(2) An employer A PAYOR that fails to withhold an amount 7,944
from an obligor's personal earnings INCOME for support in 7,946
accordance with a withholding requirement contained in a 7,948
withholding notice issued under divisions (A) and (B)(1) of 7,949
section 3111.23 of the Revised Code, an employer that is paying 7,950
an obligor's workers' compensation benefits and that fails to 7,951
withhold the obligor's workers' compensation benefits for support 7,952
in accordance with a withholding requirement contained in a 7,953
187
withholding notice issued under divisions (A) and (B)(2) of 7,954
section 3111.23 of the Revised Code, OR a financial institution 7,955
that fails to deduct funds from an obligor's account for support 7,956
in accordance with a deduction requirement contained in a 7,957
deduction notice issued under divisions (A) and (B)(5)(2) of 7,958
section 3111.23 of the Revised Code, or any other person that 7,960
fails to withhold or deduct an amount from the income of an 7,961
obligor in accordance with a withholding or deduction requirement 7,962
contained in a withholding or deduction notice issued under 7,963
divisions (A) and (B)(4) of section 3111.23 of the Revised Code 7,964
is liable for the amount that was not withheld or deducted, 7,965
provided that no PAYOR THAT IS AN employer whose normal pay and 7,967
disbursement cycles make it impossible to comply with a
withholding requirement contained in a withholding notice issued 7,968
under divisions (A) and (B)(1) of section 3111.23 of the Revised 7,969
Code shall be liable for the amount not withheld if the employer, 7,970
as soon as possible after the employer's receipt of the 7,971
withholding notice, provides the agency that issued the 7,972
withholding notice with written notice of the impossibility and 7,973
the reasons for the impossibility. An employer who is liable 7,974
under this provision for an amount that was not withheld shall be 7,975
ordered by the agency to pay that amount to the DIVISION OF child 7,976
support enforcement agency IN THE DEPARTMENT OF HUMAN SERVICES, 7,978
to be disbursed in accordance with the administrative support 7,980
order for the benefit of the child or spouse. 7,981
(B) No PAYOR THAT IS AN employer may use a requirement to 7,983
withhold personal earnings contained in a withholding notice 7,985
issued under divisions (A) and (B)(1) of section 3111.23 of the 7,986
Revised Code as a basis for a discharge of, or for any 7,987
disciplinary action against, an employee, or as a basis for a 7,988
refusal to employ a person.
Sec. 3111.26. If a child support enforcement agency is 7,997
requested to determine the existence or nonexistence of a parent 7,998
and child relationship pursuant to sections 3111.21 3111.22 to 7,999
188
3111.29 of the Revised Code, the administrative officer shall 8,001
provide notice of the determination request pursuant to the Rules
of Civil Procedure to the natural mother of the child who is the 8,002
subject of the request, each man presumed to be the father of the 8,003
child under section 3111.03 of the Revised Code, and each man 8,004
alleged to be the natural father of the child. IF THE AGENCY IS 8,005
UNABLE TO OBTAIN SERVICE OF PROCESS ON THE PRESUMED FATHER, 8,006
ALLEGED FATHER, OR NATURAL MOTHER WITHIN THE TIME PERIOD 8,007
DESCRIBED IN DIVISION (C)(1) OF SECTION 3111.22 OF THE REVISED 8,009
CODE, THE AGENCY SHALL PROCEED WITH THE GENETIC TESTING AS 8,010
PROVIDED IN THAT SECTION.
Sec. 3111.27. (A) No later than May 1, 1992, the 8,019
department of human services shall adopt rules in accordance with 8,020
Chapter 119. of the Revised Code establishing a procedure 8,021
substantially similar to the procedure adopted pursuant to 8,022
section 3113.216 of the Revised Code for determining when 8,023
existing administrative support orders should be reviewed to 8,024
determine whether it is necessary or in the best interest of the 8,025
child who is the subject of the administrative support order to 8,026
modify: 8,027
(1) THE SUPPORT AMOUNT ORDERED UNDER the administrative 8,029
support order and to calculate any modification TO THE SUPPORT 8,031
AMOUNT in accordance with section 3113.215 of the Revised Code; 8,033
(2) THE PROVISIONS FOR THE CHILD'S HEALTH CARE NEEDS IN 8,035
THE ADMINISTRATIVE SUPPORT ORDER AND TO MAKE THE MODIFICATION IN 8,036
ACCORDANCE WITH SECTION 3111.241 OF THE REVISED CODE. 8,037
(B)(1) If a child support enforcement agency, periodically 8,039
or upon the request of the obligee or obligor, plans to review an 8,040
administrative support order in accordance with the rules adopted 8,041
pursuant to division (A) of this section or otherwise is 8,042
requested to review an administrative support order, it shall do 8,043
all the following prior to formally beginning the review: 8,044
(a) Establish a date certain upon which the review shall 8,046
begin; 8,047
189
(b) At least sixty days before formally beginning the 8,049
review, send the obligor and obligee notice of the planned review 8,050
and of the date when the review will formally begin; 8,051
(c) Request the obligor to provide the agency, no later 8,053
than the scheduled date for formally beginning the review, with a 8,054
copy of the obligor's federal income tax return from the previous 8,055
year, a copy of all pay stubs obtained by the obligor within the 8,056
preceding six months, a copy of all records evidencing the 8,057
receipt of salary, wages, or compensation by the obligor within 8,058
the preceding six months, A LIST OF THE GROUP HEALTH INSURANCE 8,059
AND HEALTH CARE POLICIES, CONTRACTS, AND PLANS AVAILABLE TO THE 8,060
OBLIGOR AND THEIR COSTS, THE CURRENT GROUP HEALTH INSURANCE OR 8,061
HEALTH CARE POLICY, CONTRACT, OR PLAN UNDER WHICH THE OBLIGOR IS 8,062
ENROLLED AND ITS COST, and any other information necessary to 8,063
properly review the administrative support order, and request the 8,064
obligee to provide the agency, no later than the scheduled date 8,065
for review to formally begin, with a copy of the obligee's 8,066
federal income tax returns from the previous year, a copy of all 8,067
pay stubs obtained by the obligee within the preceding six 8,068
months, a copy of all records evidencing the receipt of salary, 8,071
wages, or compensation by the obligee within the preceding six 8,072
months, A LIST OF THE GROUP HEALTH INSURANCE AND HEALTH CARE 8,074
POLICIES, CONTRACTS, AND PLANS AVAILABLE TO THE OBLIGEE AND THEIR 8,075
COSTS, THE CURRENT GROUP HEALTH INSURANCE OR HEALTH CARE POLICY, 8,076
CONTRACT, OR PLAN UNDER WHICH THE OBLIGOR IS ENROLLED AND ITS 8,077
COST, and any other information necessary to properly review the 8,079
administrative support order;
(d) Include in the notice sent pursuant to division 8,081
(B)(1)(b) of this section, a notice that if either the obligor or 8,082
obligee fails to comply with the request for information, the 8,083
agency may bring an action under section 3111.28 of the Revised 8,084
Code requesting the court to find the obligor and the obligee in 8,086
contempt pursuant to section 2705.02 of the Revised Code.
(2) If either the obligor or obligee fails to comply with 8,088
190
the request made pursuant to division (B)(1)(c) of this section, 8,089
the agency may bring an action under section 3111.28 of the 8,090
Revised Code in the court of common pleas of the county in which 8,091
the agency is located requesting the court to issue an order 8,092
requiring an obligor and obligee to comply with the agency's 8,093
request for information pursuant to division (B)(1)(c) of this 8,094
section. If the obligor or obligee fails to comply with the 8,095
court order issued pursuant to section 3111.28 of the Revised 8,096
Code requiring compliance with the administrative request for 8,097
information, the obligor or obligee is in contempt of court. In 8,099
the action brought under section 3111.28 of the Revised Code, the
agency may request the court to issue an order to require the 8,101
obligor or obligee to provide the necessary information or to 8,102
permit the agency to take whatever action is necessary to obtain 8,103
information and make any reasonable assumptions necessary with 8,104
respect to the income of INFORMATION the person in contempt DID 8,106
NOT PROVIDE to ensure a fair and equitable review of the 8,108
administrative child support order. If the agency decides to
conduct the review based on the reasonable assumptions with 8,109
respect to the income of INFORMATION the person in contempt DID 8,111
NOT PROVIDE, it shall proceed in accordance with the rules 8,112
adopted by the department of human services pursuant to division 8,113
(A) of this section.
(C)(1) If the agency determines that a modification is 8,115
necessary and in the best interest of the child who is the 8,116
subject of the administrative support order, the agency shall 8,117
calculate the amount the obligor shall pay in accordance with 8,118
section 3113.215 of the Revised Code. The agency may not deviate 8,119
from the guidelines set forth in section 3113.215 of the Revised 8,120
Code. 8,121
(2) If the agency cannot set the amount of support the 8,123
obligor shall pay without deviating from the guidelines set forth 8,124
in section 3113.215 of the Revised Code, the agency shall bring 8,125
an action under section 2151.231 of the Revised Code on behalf of 8,126
191
the person who requested the agency to review the existing 8,127
administrative order or if no one requested the review, on behalf 8,128
of the obligee, in the court of common pleas of the county in 8,129
which the agency is located requesting the court to issue a 8,130
support order in accordance with sections 3113.21 to 3113.219 of 8,131
the Revised Code. 8,132
(3) WHEN IT REVIEWS AN ADMINISTRATIVE SUPPORT ORDER 8,134
PURSUANT TO THIS SECTION, THE AGENCY SHALL CONSIDER WHETHER THE 8,135
PROVISION FOR THE CHILD'S HEALTH CARE NEEDS IN THE ADMINISTRATIVE 8,137
SUPPORT ORDER IS ADEQUATE. IF THE AGENCY DETERMINES THAT THE 8,138
ADMINISTRATIVE SUPPORT ORDER DOES NOT PROVIDE ADEQUATELY FOR THE 8,139
CHILD'S HEALTH CARE NEEDS, THE AGENCY SHALL MODIFY THE ORDER IN 8,140
ACCORDANCE WITH SECTION 3111.241 OF THE REVISED CODE. 8,142
(D)(1) If the agency modifies an existing administrative 8,144
support order, the agency shall provide the obligee and obligor 8,145
with notice of the change and shall include in the notice a 8,146
statement that the obligor or obligee may object to the modified 8,147
administrative support order by initiating an action under 8,148
section 2151.231 of the Revised Code in the juvenile court of the 8,149
county in which the mother, the father, the child, or the 8,150
guardian or custodian of the child resides. 8,151
(2) IF THE AGENCY MODIFIES AN EXISTING ADMINISTRATIVE 8,154
SUPPORT ORDER, THE MODIFICATION SHALL RELATE BACK TO THE FIRST 8,155
DAY OF THE MONTH FOLLOWING THE DATE CERTAIN ON WHICH THE REVIEW
BEGAN UNDER DIVISION (B)(1)(a) OF THIS SECTION. 8,158
Sec. 3111.28. (A) If an employer, a PAYOR OR A financial 8,167
institution, an employer that is paying the obligor's workers' 8,168
compensation benefits, the public employees retirement board, the 8,169
board, board of trustees, or other governing entity of any 8,170
municipal retirement system, the board of trustees of the police 8,171
and firemen's disability and pension fund, the state teachers 8,173
retirement board, the school employees retirement board, the 8,174
state highway patrol retirement board, the person paying or 8,175
otherwise distributing an obligor's income, or the bureau of 8,176
192
workers' compensation fails to comply with a withholding or 8,177
deduction requirement contained in a withholding or deduction 8,178
notice issued under section 3111.23 of the Revised Code, the 8,179
child support enforcement agency that issued the withholding or 8,180
deduction notice shall request the court to find the employer, 8,181
PAYOR OR financial institution, employer that is paying the 8,184
obligor's workers' compensation benefits, public employees 8,185
retirement board, board, board of trustees, or other governing 8,186
entity of the municipal retirement system, board of trustees of 8,187
the police and firemen's disability and pension fund, state 8,188
teachers retirement board, school employees retirement board, 8,189
state highway patrol retirement board, person paying or otherwise 8,190
distributing an obligor's income, or bureau of workers'
compensation person in contempt pursuant to section 2705.02 of 8,192
the Revised Code.
(B) If an obligor or obligee fails to comply with a child 8,194
support enforcement agency's request for information pursuant to 8,195
section 3111.27 of the Revised Code, the agency may request the 8,196
court of common pleas of the county in which the agency is 8,197
located to issue an order requiring the obligor or obligee to 8,198
provide the necessary information or to permit the agency to take 8,199
whatever action is necessary to obtain information and make any 8,200
reasonable assumptions necessary with respect to the income of 8,201
the person who failed to comply with the request to ensure a fair 8,202
and equitable review of the administrative child support order. 8,203
If the obligor or obligee fails to comply with a court order 8,204
requiring compliance with the agency's request for information, 8,205
the obligor or obligee is in contempt of court. If an obligor or 8,206
obligee is in contempt of court, the agency may request the court 8,207
to hold the person who failed to comply in contempt or to permit 8,208
the agency to take whatever action is necessary to obtain 8,209
information and make any reasonable assumptions necessary with 8,210
respect to the income of the person who failed to comply with the 8,211
request to ensure a fair and equitable review of the 8,212
193
administrative child support order. 8,213
Sec. 3111.37. (A) If a married woman is the subject of a 8,222
non-spousal artificial insemination and if her husband consented 8,223
to the artificial insemination, the husband shall be treated in 8,224
law and regarded as the natural father of a child conceived as a 8,225
result of the artificial insemination, and a child so conceived 8,226
shall be treated in law and regarded as the natural child of the 8,227
husband. A presumption that arises under division (A)(1) or (2) 8,228
of section 3111.03 of the Revised Code is conclusive with respect 8,229
to this father and child relationship, and no action OR 8,230
PROCEEDING under sections 3111.01 to 3111.19 OR SECTION 3111.22 8,232
of the Revised Code shall affect the relationship. 8,234
(B) If a woman is the subject of a non-spousal artificial 8,236
insemination, the donor shall not be treated in law or regarded 8,237
as the natural father of a child conceived as a result of the 8,238
artificial insemination, and a child so conceived shall not be 8,239
treated in law or regarded as the natural child of the donor. No 8,240
action OR PROCEEDING under sections 3111.01 to 3111.19 OR SECTION 8,242
3111.22 of the Revised Code shall affect these consequences. 8,243
Sec. 3111.99. (A) For purposes of this section, 8,253
"administrative support order" and "obligor" have the same 8,254
meaning as in section 3111.20 of the Revised Code. 8,255
(B) Whoever violates section 3111.29 of the Revised Code 8,257
is guilty of interfering with the establishment of paternity, a 8,258
misdemeanor of the first degree. 8,259
(C) An obligor who violates division (B)(1)(c) of section 8,262
3111.23 of the Revised Code shall be fined not more than fifty 8,263
dollars for a first offense, not more than one hundred dollars
for a second offense, and not more than five hundred dollars for 8,264
each subsequent offense. 8,265
(D) An obligor who violates division (E)(2) of section 8,267
3111.23 of the Revised Code shall be fined not more than fifty 8,268
dollars for a first offense, not more than one hundred dollars 8,270
for a second offense, and not more than five hundred dollars for 8,271
194
each subsequent offense.
(E) A fine imposed pursuant to division (C) or (D) of this 8,274
section shall be paid to the DIVISION OF child support
enforcement agency administering the obligor's child support 8,276
order IN THE DEPARTMENT OF HUMAN SERVICES OR, PURSUANT TO 8,278
DIVISION (H)(4) OF SECTION 2301.35 OF THE REVISED CODE, THE CHILD 8,279
SUPPORT ENFORCEMENT AGENCY. The amount of the fine that does not 8,281
exceed the amount of arrearage the obligor owes under the
administrative support order shall be disbursed in accordance 8,282
with the support order. The amount of the fine that exceeds the 8,283
amount of the arrearage under the support order shall be used by 8,284
the agency for the administration of its program for child 8,285
support enforcement CALLED PROGRAM INCOME AND SHALL BE COLLECTED 8,286
IN ACCORDANCE WITH SECTION 5101.325 OF THE REVISED CODE.
Sec. 3113.04. (A) Sentence may be suspended if a person, 8,295
after conviction under section 2919.21 of the Revised Code and 8,296
before sentence under that section, appears before the court of 8,297
common pleas in which the conviction took place and enters into 8,298
bond to the state in a sum fixed by the court at not less than 8,299
five hundred nor more than one thousand dollars, with sureties 8,300
approved by the court, conditioned that the person will furnish 8,301
the child or other dependent with necessary or proper home, care, 8,302
food, and clothing, or will pay promptly each week for such 8,303
purpose to the DIVISION OF child support enforcement agency IN 8,305
THE DEPARTMENT OF HUMAN SERVICES, a sum to be fixed by the 8,306
agency. The child support enforcement agency shall comply with 8,307
sections 3113.21 to 3113.219 of the Revised Code when it fixes 8,308
the sum to be paid TO THE DIVISION.
(B) Each order for child support made or modified under 8,310
this section on or after December 31, 1993, shall include as part 8,311
of the order a general provision, as described in division (A)(1) 8,312
of section 3113.21 of the Revised Code, requiring the withholding 8,313
or deduction of wages INCOME or assets of the obligor under the 8,314
order as described in division (D) of section 3113.21 of the 8,316
195
Revised Code or another type of appropriate requirement as 8,317
described in division (D)(6)(3), (D)(7)(4) or (H) of that 8,318
section, to ensure that withholding or deduction from the wages 8,320
INCOME or assets of the obligor is available from the 8,322
commencement of the support order for collection of the support 8,323
and of any arrearages that occur; a statement requiring all 8,324
parties to the order to notify the child support enforcement 8,325
agency in writing of their current mailing address, their current 8,326
residence address, CURRENT RESIDENT TELEPHONE NUMBER, CURRENT 8,327
DRIVER'S LICENSE NUMBER, and any changes in either address TO 8,328
THAT INFORMATION, and a notice that the requirement to notify the 8,329
agency of all changes in either address TO THAT INFORMATION 8,330
continues until further notice from the court. If any person 8,332
required to pay child support under an order made under this 8,333
section on or after April 15, 1985, or modified on or after 8,334
December 1, 1986, is found in contempt of court for failure to 8,335
make support payments under the order, the court that makes the 8,336
finding, in addition to any other penalty or remedy imposed, 8,337
shall assess all court costs arising out of the contempt 8,338
proceeding against the person and require the person to pay any 8,339
reasonable attorney's fees of any adverse party, as determined by 8,340
the court, that arose in relation to the act of contempt. 8,341
(C) Notwithstanding section 3109.01 of the Revised Code, 8,343
if a court issues a child support order under this section, the 8,344
order shall remain in effect beyond the child's eighteenth 8,345
birthday as long as the child continuously attends on a full-time 8,346
basis any recognized and accredited high school OR THE ORDER 8,348
PROVIDES THAT THE DUTY OF SUPPORT OF THE CHILD CONTINUES BEYOND 8,349
THE CHILD'S EIGHTEENTH BIRTHDAY. EXCEPT IN CASES IN WHICH THE 8,351
ORDER PROVIDES THAT THE DUTY OF SUPPORT CONTINUES FOR ANY PERIOD 8,352
AFTER THE CHILD REACHES NINETEEN YEARS OF AGE, THE ORDER SHALL 8,353
NOT REMAIN IN EFFECT AFTER THE CHILD REACHES AGE NINETEEN. Any 8,354
parent ordered to pay support under a child support order issued 8,356
under this section shall continue to pay support under the order, 8,357
196
including during seasonal vacation periods, until the order 8,358
terminates. 8,359
Sec. 3113.07. As used in this section, "executive 8,368
director" has the same meaning as in section 5153.01 of the 8,369
Revised Code. 8,370
Sentence may be suspended, if a person, after conviction 8,372
under section 3113.06 of the Revised Code and before sentence 8,373
thereunder, appears before the court of common pleas in which 8,374
such conviction took place and enters into bond to the state in a 8,375
sum fixed by the court at not less than five hundred dollars, 8,376
with sureties approved by such court, conditioned that such 8,377
person will pay, so long as the child remains a ward of the 8,378
public children services agency or a recipient of aid pursuant to 8,380
Chapter 5107. or 5115. of the Revised Code, to the executive 8,381
director thereof or to a trustee to be named by the court, for 8,382
the benefit of such agency or if the child is a recipient of aid 8,383
pursuant to Chapter 5107. or 5115. of the Revised Code, to the 8,385
county department of human services, the reasonable cost of 8,386
keeping such child. The amount of such costs and the time of
payment shall be fixed by the court. 8,387
THE COURT, IN ACCORDANCE WITH SECTION 3113.217 OF THE 8,390
REVISED CODE, SHALL INCLUDE IN EACH SUPPORT ORDER MADE UNDER THIS 8,392
SECTION THE REQUIREMENT THAT ONE OR BOTH OF THE PARENTS PROVIDE 8,393
FOR THE HEALTH CARE NEEDS OF THE CHILD TO THE SATISFACTION OF THE 8,394
COURT.
Sec. 3113.21. (A)(1) In any action in which support is 8,403
ordered under Chapter 3115. or under section 2151.23, 2151.231, 8,404
2151.232, 2151.33, 2151.36, 2151.49, 3105.18, 3105.21, 3109.05, 8,407
3109.19, 3111.13, 3113.04, 3113.07, 3113.216, or 3113.31 of the 8,409
Revised Code, the court shall require the withholding or 8,410
deduction of wages INCOME or assets of the obligor in accordance 8,411
with division (D) of this section or require the issuance of 8,412
another type of appropriate court order in accordance with 8,413
division (D)(6)(3) or (7)(4) or (H) of this section to ensure 8,415
197
that withholding or deduction from the wages INCOME or assets of 8,416
the obligor is available from the commencement of the support 8,418
order for the collection of the support and any arrearages that 8,419
occur. The court shall determine the specific withholding or 8,420
deduction requirements or other appropriate requirements 8,421
applicable to the obligor under the support order in accordance 8,422
with divisions (D) and (H) of this section and section 2301.371 8,423
of the Revised Code and shall include the specific requirements 8,424
in the notices described in divisions (A)(2) and (D) of this 8,425
section or in the court orders described in divisions (A)(2), 8,426
(D)(6)(3) or (7)(4), and (H) of this section. Any person 8,427
required to comply with any withholding or deduction requirement 8,428
shall determine the manner of withholding or deducting from the 8,429
specific requirement included in the notices described in those 8,430
divisions without the need for any amendment to the support 8,431
order, and any person required to comply with a court order 8,432
described in division (D)(6)(3), (D)(7)(4), or (H) of this 8,434
section shall comply with the court order without the need for 8,435
any amendment to the support order. The court shall include in 8,436
any action in which support is ordered as described in division 8,437
(A)(1) of this section a general provision that states the 8,438
following:
"All child support and spousal support under this order 8,441
shall be withheld or deducted from the wages INCOME or assets of 8,442
the obligor pursuant to a withholding or deduction notice or 8,444
appropriate court order issued in accordance with section 3113.21 8,445
of the Revised Code OR A WITHDRAWAL DIRECTIVE ISSUED PURSUANT TO 8,446
SECTION 3113.214 OF THE REVISED CODE and shall be forwarded to 8,447
the obligee in accordance with sections 3113.21 to 3113.214 8,448
3113.213 of the Revised Code." 8,449
(2) In any action in which support is ordered or modified 8,451
as described in division (A)(1) of this section, the court shall 8,452
determine in accordance with divisions (D) and (H) of this 8,453
section the types of withholding or deduction requirements or 8,454
198
other appropriate requirements that should be imposed relative to 8,455
the obligor under the support order to collect the support due 8,456
under the order. Within fifteen days after the obligor under the 8,457
support order is located subsequent to the issuance of the 8,458
support order or within fifteen days after the default under the 8,460
support order, whichever is applicable, the court or the child 8,461
support enforcement agency, as determined by agreement of the 8,462
court and the agency, shall send a notice by regular mail to each 8,463
person required to comply with a withholding or deduction 8,464
requirement. The notice shall specify the withholding or 8,465
deduction requirement and shall contain all of the information 8,466
set forth in division (D)(1)(b), OR (2)(b), (3)(b), (4)(b), or 8,468
(5)(b) of this section that is applicable to the requirement. If 8,469
the appropriate requirement is an order of the type described in 8,470
division (D)(6)(3), (D)(7)(4), or (H) of this section, the court 8,472
shall issue and send a court order in accordance with that 8,473
division. The notices and court orders, and the notices provided 8,474
by the court or child support enforcement agency that require the 8,475
obligor to notify the agency of any change in the obligor's 8,476
employment status or of any other change in the status of the 8,477
obligor's assets, are final and are enforceable by the court. 8,478
When the court or agency issues a notice, it shall provide the 8,479
notice to the obligor in accordance with division (D)(1)(c), OR 8,480
(D)(2)(c), (D)(3)(c), (D)(4)(c), or (D)(5)(c) of this section, 8,482
whichever is applicable, and shall include with the notice the 8,483
additional notices described in the particular division that is 8,484
applicable.
(3)(a) If support is ordered or modified on or after 8,486
December 31, 1993, under Chapter 3115. or under section 2151.23, 8,487
2151.231, 2151.232, 2151.33, 2151.36, 2151.49, 3105.18, 3105.21, 8,489
3109.05, 3109.19, 3111.13, 3113.04, 3113.07, 3113.216, or 3113.31 8,490
of the Revised Code, if the court has determined in accordance 8,491
with division (A)(2) of this section the types of withholding or 8,492
deduction requirements or other appropriate requirements that 8,493
199
should be imposed relative to the obligor under the support order 8,494
to collect the support due under the order, if the court or a 8,495
child support enforcement agency has mailed the appropriate 8,496
notice to the person required to comply with the withholding or 8,497
deduction requirements that the court has determined should be 8,498
imposed or the court has issued and sent a court order described 8,499
in division (D)(6)(3), (D)(7)(4), or (H) of this section 8,501
containing the other appropriate requirements that the court 8,502
determined should be imposed, and if the child support
enforcement agency is notified or otherwise determines that the 8,503
employment status or other circumstances of the obligor have 8,504
changed and that it is more appropriate to impose another type of 8,505
or an additional withholding or deduction requirement or another 8,506
type of or additional court order containing another appropriate 8,507
requirement, the agency immediately shall comply with section 8,508
3113.212 of the Revised Code. The notices and court orders 8,509
issued under this division and section 3113.212 of the Revised 8,510
Code, and the notices provided by the court or child support 8,511
enforcement agency that require the obligor to notify the agency 8,512
of any change in the obligor's employment status or of any other 8,513
change in the status of the obligor's assets, are final and are 8,515
enforceable by the court.
(b) If support has been ordered ALL ORDERS FOR SUPPORT 8,517
ISSUED prior to December 31, 1993, under Chapter 3115. or under 8,519
section 2151.23, 2151.231, 2151.33, 2151.36, 2151.49, 3105.18, 8,521
3105.21, 3109.05, 3109.19, 3111.13, 3113.04, 3113.07, 3113.216, 8,522
or 3113.31 of the Revised Code, if the support order has THAT 8,523
HAVE not been modified on or after December 31, 1993, if OR 8,524
SUBJECT TO division (B) of this section has not been applied on 8,525
or after December 31, 1993, regarding a default under the order, 8,526
if the support order includes a provision that is substantively 8,527
comparable to the general provision described in division (A)(1) 8,528
of this section that must be included in all support orders 8,529
issued or modified on or after December 31, 1993, and if the 8,530
200
child support enforcement agency is notified or otherwise 8,531
determines that the employment status or other circumstances of 8,532
the obligor under the support order have changed so that it is 8,533
appropriate to impose a withholding or deduction requirement or 8,534
another type of or additional appropriate requirement as 8,535
described in division (D) of this section to collect the support 8,536
due under the order, the agency shall comply with section 8,537
3113.212 of the Revised Code as if the support order had been 8,538
issued or modified on or after December 31, 1993, and as if it 8,539
included the general provision described in division (A)(1) of 8,540
this section that must be included in all support orders issued 8,541
or modified on or after that date. The notices and court orders 8,542
issued under this provision and section 3113.212 of the Revised 8,543
Code, and the notices provided by the court or child support 8,544
enforcement agency that require the obligor to notify the agency 8,545
of any change in the obligor's employment status or of any other 8,546
change in the status of the obligor's assets, are final and are 8,547
enforceable by the court.
(c) If support has been ordered prior to December 31, 8,549
1993, under Chapter 3115. or under section 2151.23, 2151.33, 8,550
2151.36, 2151.49, 3105.18, 3105.21, 3109.05, 3109.19, 3111.13, 8,551
3113.04, 3113.07, 3113.216, or 3113.31 of the Revised Code, if 8,552
the support order has not been modified on or after December 31, 8,553
1993, if division (B) of this section has not been applied on or 8,554
after December 31, 1993, regarding a default under the order, if 8,555
the support order does not include a provision that is 8,556
substantively comparable to the general provision described in 8,557
division (A)(1) of this section that must be included in all 8,558
support orders issued or modified on or after December 31, 1993, 8,559
and if the child support enforcement agency is notified or 8,560
otherwise determines that the employment status or other 8,561
circumstances of the obligor under the support order have changed 8,562
so that it is appropriate to impose a withholding or deduction 8,563
requirement or another type of or additional appropriate 8,564
201
requirement as described in division (D) of this section to 8,565
collect the support due under the order, the agency may request 8,566
the court to reissue the support order in question to be 8,567
identical to the support order except for a general provision as 8,568
described in division (A) of this section requiring the 8,569
withholding or deduction of wages or assets of the obligor in 8,570
accordance with division (D) of this section or requiring the 8,571
issuance of a court order containing another type of appropriate 8,572
requirement in accordance with division (D)(6), (D)(7), or (H) of 8,573
this section to ensure that withholding or deduction from the 8,574
wages or assets of the obligor is available for the collection of 8,575
current support and any arrearages that occur. Upon the receipt 8,576
of a request from an agency, the court may reissue the order in 8,577
accordance with this division. If the court reissues the order, 8,578
the general provision for the withholding or deduction of wages 8,579
or assets to be included in the reissued support order 8,580
specifically shall include the statement prescribed in division 8,581
(B)(1) of this section. Except for the inclusion of the general 8,582
provision, the provisions of a reissued order under this division 8,583
shall be identical to the support order in question, and the 8,584
court or child support enforcement agency shall issue one or more 8,585
notices requiring withholding or deduction of wages or assets of 8,586
the obligor in accordance with divisions (A)(2) and (D) of this 8,587
section, or the court shall issue one or more court orders 8,588
imposing other appropriate requirements in accordance with 8,589
division (A)(2) and division (D)(6), (D)(7), or (H) of this 8,590
section. The notices shall be mailed within fifteen days after 8,591
the obligor under the support order is located or within fifteen 8,592
days after the default under the support order, whichever is 8,593
applicable. Thereafter, section 3113.212 of the Revised Code 8,594
applies to the issuance of notices and court orders under those 8,595
divisions with respect to that support order. The notices and 8,596
court orders issued under this division and section 3113.212 of 8,597
the Revised Code, and the notices provided by the court or child 8,598
202
support enforcement agency that require the obligor to notify the 8,599
agency of any change in the obligor's employment status or of any 8,600
other change in the status of the obligor's assets, are final and 8,601
are enforceable by the court THAT DATE SHALL BE CONSIDERED TO 8,602
CONTAIN THE GENERAL PROVISION DESCRIBED IN DIVISION (A)(1) OF 8,603
THIS SECTION AND SHALL BE ENFORCED AND MODIFIED IN THE SAME
MANNER AS AN ORDER FOR SUPPORT ISSUED ON OR AFTER DECEMBER 31, 8,605
1993. 8,606
(4) The department of human services shall adopt standard 8,608
forms for the support withholding and deduction notices that are 8,609
prescribed by divisions (A)(1) to (3) and (B) of this section. 8,610
All courts and child support enforcement agencies shall use the 8,611
forms in issuing withholding and deduction notices in compliance 8,612
with this section. 8,613
(B)(1)(a) In any action in which support is ordered under 8,615
Chapter 3115. or under section 2151.23, 2151.231, 2151.232, 8,616
2151.33, 2151.36, 2151.49, 3105.18, 3105.21, 3109.05, 3109.19, 8,618
3111.13, 3111.20, 3111.21 3111.211, 3111.22, 3113.04, 3113.07, 8,619
3113.216, or 3113.31 of the Revised Code and in which there has 8,620
been a default under the order, the court shall comply with 8,621
divisions (B)(1) to (6) of this section. 8,622
If the support was ordered prior to December 31, 1993, or 8,624
pursuant to section 3111.20, 3111.21 3111.211, or 3111.22 of the 8,625
Revised Code, the court THAT ISSUED THE ORDER, OR IN THE CASE OF 8,628
AN ORDER PURSUANT TO SECTION 3111.20, 3111.211, OR 3111.22 OF THE 8,629
REVISED CODE, THE COMMON PLEAS COURT OF THE COUNTY IN WHICH THE 8,630
CHILD SUPPORT ENFORCEMENT AGENCY THAT ISSUED THE ORDER IS 8,631
LOCATED, shall reissue the support order under which there has
been a default and shall include in the reissued order a general 8,633
provision as described in this division requiring the withholding 8,634
or deduction of wages INCOME or assets of the obligor in 8,635
accordance with division (D) of this section or requiring the 8,637
issuance of a court order containing another type of appropriate 8,638
requirement in accordance with division (D)(6)(3), (D)(7)(4), or 8,640
203
(H) of this section to ensure that withholding or deduction from 8,641
the wages INCOME or assets is available for the collection of 8,643
current support and any arrearages that occur. If the support was 8,645
ordered pursuant to section 3111.20, 3111.21 3111.211, or 3111.22 8,647
of the Revised Code and the support order includes a general 8,648
provision similar to the one described in this division, the 8,650
court shall replace the similar general provision with the
general provision described in this division. Except for the 8,651
inclusion or replacement of the general provision, the provisions 8,653
of the reissued order required under this division shall be 8,654
identical to those of the support order under which there has 8,655
been a default.
Regardless of when the support was ordered, when WHEN 8,657
support has been ordered under any chapter or section described 8,658
in this division, the child support enforcement agency shall 8,659
initiate support withholding when the order is in default. 8,660
Immediately after the identification of a default under the 8,661
support order, the child support enforcement agency shall conduct 8,663
the investigation described in division (B)(1)(b) of this 8,664
section. Additionally, within fifteen calendar days after the 8,665
identification of a default under the support order, the child 8,666
support enforcement agency shall investigate the default and, IF 8,667
IT IS BEFORE JULY 1, 1999, SEND ADVANCE NOTICE TO THE OBLIGOR. 8,668
ON AND AFTER THAT DATE, THE DIVISION OF CHILD SUPPORT IN THE 8,670
DEPARTMENT OF HUMAN SERVICES SHALL send THE advance notice to the 8,671
obligor. The advance notice shall include a notice describing 8,672
the actions that may be taken against the obligor pursuant to 8,673
sections 2301.353, 2301.373 and, 2301.374, 2301.375, 2301.42 TO 8,675
2301.45, AND 3113.214 of the Revised Code if the court or agency 8,677
makes a final and enforceable determination that the obligor is 8,678
in default pursuant to this division. If the location of the 8,680
obligor is unknown at the time of the identification of a default 8,681
under the support order, the agency DIVISION shall send the 8,682
advance notice to the obligor within fifteen days after the 8,684
204
agency locates the obligor. The general provision for the 8,685
withholding or deduction of wages INCOME or assets to be included 8,687
in the reissued support order specifically shall include the 8,688
following statement:
"All child support and spousal support under this order 8,691
shall be withheld or deducted from the wages INCOME or assets of 8,692
the obligor pursuant to a withholding or deduction notice or 8,694
appropriate court order issued in accordance with section 3113.21 8,695
of the Revised Code OR A WITHDRAWAL DIRECTIVE ISSUED PURSUANT TO
SECTION 3113.214 OF THE REVISED CODE and shall be forwarded to 8,696
the obligee in accordance with sections 3113.21 to 3113.214 8,697
3113.213 of the Revised Code." 8,698
(b) After the identification of a default under a support 8,700
order as described in division (B)(1)(a) of this section, the 8,701
child support enforcement agency immediately shall conduct an 8,702
investigation to determine the employment status of the obligor, 8,703
the obligor's social security number, the name and business 8,704
address of the obligor's employer, whether the obligor is in 8,705
default under a support order, the amount of any arrearages, and 8,706
any other information necessary to enable the court or agency to 8,707
impose any withholding or deduction requirements and issue the 8,708
related notices described in division (D) of this section or to 8,709
issue any court orders described in division (D)(6)(3) or (7)(4) 8,711
of this section. The agency also shall conduct an investigation 8,712
under this division when required by division (C)(1)(a) or (b) of 8,713
this section, shall complete the investigation within twenty days 8,714
after the obligor or obligee files the motion with the court 8,715
under division (C)(1)(a) of this section or the court orders the 8,716
investigation under division (C)(1)(b) of this section, and shall 8,717
conduct an investigation under this division when required by 8,718
section 3113.214 of the Revised Code. 8,719
(2) An advance notice to an obligor required by division 8,721
(B)(1) of this section shall contain all of the following: 8,722
(a) A statement of the date on which the advance notice is 8,724
205
sent, the amount of arrearages owed by the obligor as determined 8,725
by the court or the child support enforcement agency, the types 8,726
of withholding or deduction requirements and related notices 8,727
described in division (D) of this section or the types of court 8,728
orders described in division (D)(6)(3), (D)(7)(4), or (H) of this 8,730
section that will be issued to pay support and any arrearages, 8,731
and the amount that will be withheld or deducted pursuant to 8,732
those requirements; 8,733
(b) A statement that any notice for the withholding or 8,735
deduction of an amount from personal earnings or other income or 8,736
assets apply to all CURRENT AND subsequent employers PAYORS of 8,738
the obligor, AND financial institutions in which the obligor has 8,739
an account, and other persons or entities who pay or distribute 8,740
income to the obligor and that any withholding or deduction 8,741
requirement and related notice described in division (D) of this 8,742
section or any court order described in division (D)(6)(3), 8,744
(D)(7)(4), or (H) of this section that is issued will not be 8,745
discontinued solely because the obligor pays any arrearages; 8,746
(c) An explanation of the administrative and court action 8,748
that will take place if the obligor contests the inclusion of any 8,749
of the provisions; 8,750
(d) A statement that the contents of the advance notice 8,752
are final and are enforceable by the court unless the obligor 8,753
files with the child support enforcement agency, within seven 8,754
days after the date on which the advance notice is sent, a 8,755
written request for an administrative hearing to determine if a 8,756
mistake of fact was made in the notice. 8,757
(3) If the obligor requests a hearing regarding the 8,759
advance notice in accordance with division (B)(2)(d) of this 8,760
section, the child support enforcement agency shall conduct an 8,761
administrative hearing no later than ten days after the date on 8,762
which the obligor files the request for the hearing. No later 8,763
than five days before the date on which the hearing is to be 8,764
conducted, the agency shall send the obligor and the obligee 8,765
206
written notice of the date, time, place, and purpose of the 8,766
hearing. The notice to the obligor and obligee also shall 8,767
indicate that the obligor may present testimony and evidence at 8,768
the hearing only in regard to the issue of whether a mistake of 8,769
fact was made in the advance notice. 8,770
At the hearing, the child support enforcement agency shall 8,772
determine whether a mistake of fact was made in the advance 8,773
notice. If it determines that a mistake of fact was made, the 8,774
agency shall determine the provisions that should be changed and 8,775
included in a corrected notice and shall correct the advance 8,776
notice accordingly. The agency shall send its determinations to 8,777
the obligor. The agency's determinations are final and are 8,778
enforceable by the court unless, within seven days after the 8,779
agency makes its determinations, the obligor files a written 8,780
motion with the court for a court hearing to determine if a 8,781
mistake of fact still exists in the advance notice or corrected 8,782
advance notice. 8,783
(4) If, within seven days after the agency makes its 8,785
determinations under division (B)(3) of this section, the obligor 8,786
files a written motion for a court hearing to determine if a 8,787
mistake of fact still exists in the advance notice or the 8,788
corrected advance notice, the court shall hold a hearing on the 8,789
request as soon as possible, but no later than ten days, after 8,790
the request is filed. If the obligor requests a court hearing, 8,791
no later than five days before the date on which the court 8,792
hearing is to be held, the court shall send the obligor and the 8,793
obligee written notice by ordinary mail of the date, time, place, 8,794
and purpose of the court hearing. The hearing shall be limited 8,795
to a determination of whether there is a mistake of fact in the 8,796
advance notice or the corrected advance notice. 8,797
If, at a hearing conducted under this division, the court 8,799
detects a mistake of fact in the advance notice or the corrected 8,800
advance notice, it immediately shall correct the notice. 8,801
(5) Upon exhaustion of all rights of the obligor to 8,803
207
contest the withholding or deduction on the basis of a mistake of 8,804
fact and no later than the expiration of forty-five days after 8,805
the issuance of the advance notice under division (B)(1) of this 8,806
section, the court or child support enforcement agency shall 8,807
issue one or more notices requiring withholding or deduction of 8,808
wages INCOME or assets of the obligor in accordance with 8,809
divisions (A)(2) and (D) of this section, or the court shall 8,811
issue one or more court orders imposing other appropriate 8,812
requirements in accordance with division (A)(2) and division 8,813
(D)(6)(3), (D)(7)(4), or (H) of this section. Thereafter, 8,815
section 3113.212 of the Revised Code applies in relation to the 8,816
issuance of the notices and court orders. The notices and court 8,817
orders issued under this division or section 3113.212 of the 8,818
Revised Code are final and are enforceable by the court. The 8,819
court or agency shall send to the obligor by ordinary mail a copy 8,820
of the withholding or deduction notice, in accordance with 8,821
division (D) of this section. The failure of the court or agency 8,822
to give the notice required by this division does not affect the 8,823
ability of any court to issue any notice or order under this 8,824
section or any other section of the Revised Code for the payment 8,825
of support, does not provide any defense to any notice or order 8,826
for the payment of support that is issued under this section or 8,827
any other section of the Revised Code, and does not affect any 8,828
obligation to pay support.
(6) The department of human services shall adopt standard 8,830
forms for the advance notice prescribed by divisions (B)(1) to 8,831
(5) of this section. All courts and child support enforcement 8,832
agencies shall use those forms, and the support withholding and 8,833
deduction notice forms adopted under division (A)(4) of this 8,834
section, in complying with this section. 8,835
(C)(1) In any action in which support is ordered under 8,837
Chapter 3115. or under section 2151.23, 2151.231, 2151.232, 8,838
2151.33, 2151.36, 2151.49, 3105.18, 3105.21, 3109.05, 3109.19, 8,840
3111.13, 3113.04, 3113.07, 3113.216, or 3113.31 of the Revised 8,842
208
Code, all of the following apply:
(a) The obligor or obligee under the order may file a 8,844
motion with the court that issued the order requesting the 8,845
issuance of one or more withholding or deduction notices as 8,846
described in division (D) of this section to pay the support due 8,847
under the order. The motion may be filed at any time after the 8,848
support order is issued. Upon the filing of a motion pursuant to 8,849
this division, the child support enforcement agency immediately 8,850
shall conduct, and shall complete within twenty days after the 8,851
motion is filed, an investigation in accordance with division 8,852
(B)(1)(b) of this section. Upon the completion of the 8,853
investigation and the filing of the agency's report under 8,854
division (B)(1)(b) of this section, the court shall issue one or 8,855
more appropriate orders described in division (D) of this 8,856
section. 8,857
(b) If any proceedings involving the support order that 8,859
was issued before, on, or after December 1, 1986, are commenced 8,860
in the court and if the court prior to the effective date of this 8,861
amendment has not issued any orders under division (D) of this 8,862
section AS IT EXISTED PRIOR TO DECEMBER 31, 1993, with respect to 8,864
the support order, if the court determines that any orders issued 8,865
prior to the effective date of this amendment under division (D) 8,866
of this section AS IT EXISTED PRIOR TO DECEMBER 31, 1993, no 8,867
longer are appropriate, if the court on or after the effective 8,868
date of this amendment DECEMBER 31, 1993, has not modified or 8,869
reissued the support order under division (A) or (B) of this 8,871
section and issued any notices under division (D) or court orders 8,872
under division (D)(6)(3) or (7)(4) of this section, or if the 8,874
court on or after the effective date of this amendment DECEMBER 8,875
31, 1993, has modified or reissued the support order under 8,876
division (A) or (B) of this section and issued one or more 8,877
notices under division (D) or one or more court orders under 8,878
division (D)(6)(3) or (7)(4) of this section but determines that 8,880
the notices or court orders no longer are appropriate, the court, 8,881
209
prior to or during any hearings held with respect to the 8,882
proceedings and prior to the conclusion of the proceedings, shall 8,883
order the child support enforcement agency to conduct an 8,884
investigation pursuant to division (B)(1)(b) of this section. 8,885
Upon the filing of the findings of the agency following the 8,886
investigation, the court, as necessary, shall issue one or more 8,887
notices described in division (D) or one or more court orders 8,888
described in division (D)(6)(3) or (7)(4) of this section or 8,890
modify any notices previously issued under division (D) or any 8,891
court orders previously issued under division (D)(6)(3) or (7)(4) 8,893
of this section.
(c)(i) If a child support enforcement agency, in 8,895
accordance with section 3113.216 of the Revised Code, requests 8,896
the court to issue a revised child support order in accordance 8,897
with a revised amount of child support calculated by the agency, 8,898
the court shall proceed as described in this division. If 8,899
neither the obligor nor the obligee requests a court hearing on 8,900
the revised amount of child support, the court shall issue a 8,901
revised child support order requiring the obligor to pay the 8,902
revised amount of child support calculated by the agency. 8,903
However, if the obligor or the obligee requests a court hearing 8,904
on the revised amount of child support calculated by the agency, 8,905
the court, in accordance with division (C)(1)(c)(ii) of this 8,906
section, shall schedule and conduct a hearing to determine if the 8,907
revised amount of child support is the appropriate amount and if 8,908
the amount of child support being paid under the child support 8,909
order otherwise should be revised. 8,910
(ii) If the court is required to schedule and conduct a 8,912
hearing pursuant to division (C)(1)(c)(i) of this section, the 8,913
court shall give the obligor, obligee, and agency at least thirty 8,914
days' notice of the date, time, and location of the hearing; 8,915
order the obligor to provide the court with a copy of the 8,916
obligor's federal income tax return from the previous year, a 8,917
copy of all pay stubs obtained by the obligor within the 8,918
210
preceding six months, and a copy of all other records evidencing 8,919
the receipt of any other salary, wages, or compensation by the 8,920
obligor within the preceding six months, A LIST OF THE GROUP 8,921
HEALTH INSURANCE AND HEALTH CARE POLICIES, CONTRACTS, AND PLANS 8,922
AVAILABLE TO THE OBLIGOR AND THEIR COSTS, AND THE CURRENT HEALTH 8,923
INSURANCE OR HEALTH CARE POLICY, CONTRACT, OR PLAN UNDER WHICH 8,924
THE OBLIGOR IS ENROLLED AND ITS COST, if the obligor failed to 8,925
provide any of those documents to the agency, and order the 8,926
obligee to provide the court with a copy of the obligee's federal 8,927
income tax return from the previous year, a copy of all pay stubs 8,928
obtained by the obligee within the preceding six months, and a 8,929
copy of all other records evidencing the receipt of any other 8,930
salary, wages, or compensation by the obligee within the 8,931
preceding six months, A LIST OF THE GROUP HEALTH INSURANCE AND 8,932
HEALTH CARE POLICIES, CONTRACTS, AND PLANS AVAILABLE TO THE 8,933
OBLIGEE AND THEIR COSTS, AND THE CURRENT HEALTH INSURANCE OR 8,934
HEALTH CARE POLICY, CONTRACT, OR PLAN UNDER WHICH THE OBLIGEE IS 8,935
ENROLLED AND ITS COST, if the obligee failed to provide any of 8,936
those documents to the agency; give the obligor and the obligee 8,937
notice that any willful failure to comply with that court order 8,938
is contempt of court and, upon a finding by the court that the 8,939
party is in contempt of court, the court and the agency will take 8,940
any action necessary to obtain the information or make any 8,941
reasonable assumptions necessary with respect to the income of 8,942
INFORMATION the person in contempt of court DID NOT PROVIDE to 8,944
ensure a fair and equitable review of the child support order; 8,946
issue a revised child support order requiring the obligor to pay 8,947
the revised amount of child support calculated by the agency, if 8,948
the court determines at the hearing that the revised amount of 8,949
child support calculated by the agency is the appropriate amount; 8,950
and determine the appropriate amount of child support and, if 8,951
necessary, issue a revised child support order requiring the 8,952
obligor to pay the amount of child support determined by the 8,953
court, if the court determines that the revised amount of child 8,954
211
support calculated by the agency is not the appropriate amount. 8,955
(iii) In determining, at a hearing conducted under 8,957
divisions (C)(1)(c)(i) and (ii) of this section, the appropriate 8,958
amount of child support to be paid by the obligor, the court 8,959
shall consider, in addition to all other factors required by law 8,960
to be considered, THE APPROPRIATE PERSON, WHETHER IT IS THE 8,961
OBLIGOR, OBLIGEE, OR BOTH, TO BE REQUIRED IN ACCORDANCE WITH 8,962
SECTION 3113.217 OF THE REVISED CODE TO PROVIDE HEALTH INSURANCE 8,963
COVERAGE FOR THE CHILDREN SPECIFIED IN THE ORDER, AND the cost of 8,964
health insurance which the obligor, the obligee, or both the 8,965
obligor and the obligee have been ordered IN ACCORDANCE WITH 8,966
SECTION 3113.217 OF THE REVISED CODE to obtain for the children 8,967
specified in the order.
(d) On or after July 1, 1990, the court shall issue any 8,969
order required by section 3113.217 of the Revised Code. 8,970
(e)(i) On or after July 1, 1990, an AN obligee under a 8,972
child support order may file a motion with the court that issued 8,974
the order requesting the court to modify the order to require the 8,975
obligor to obtain health insurance coverage for the children who 8,976
are the subject of the order, and on or after July 1, 1990, an 8,977
obligor under a child support order may file a motion with the 8,978
court that issued the order requesting the court to modify the 8,979
order to require the obligee to obtain health insurance coverage 8,980
for those children. Upon the filing of such a motion, the court 8,981
shall order the child support enforcement agency to conduct an 8,982
investigation to determine whether the obligor or obligee has 8,983
satisfactory health insurance coverage for the children. Upon 8,984
completion of its investigation, the agency shall inform the 8,985
court, in writing, of its determination. If the court determines 8,986
that neither the obligor nor the obligee has satisfactory health 8,987
insurance coverage for the children, it shall issue an order 8,988
MODIFY THE CHILD SUPPORT ORDER in accordance with section 8,990
3113.217 of the Revised Code.
(ii) On or after July 1, 1990, an AN obligor or obligee 8,992
212
under a child support order may file a motion with the court that 8,993
issued the order requesting the court to modify the amount of 8,994
child support required to be paid under the order because that 8,995
amount does not adequately cover the medical needs of the child. 8,996
Upon the filing of such a motion, the court shall determine 8,997
whether the amount of child support required to be paid under the 8,998
order adequately covers the medical needs of the child and 8,999
whether to modify the order, in accordance with division (B)(4) 9,000
of section 3113.215 of the Revised Code. 9,001
(f)(e) Whenever a court modifies, reviews, or otherwise 9,003
reconsiders a child support order, it may reconsider which parent 9,004
may claim the children who are the subject of the child support 9,005
order as dependents for federal income tax purposes as set forth 9,006
in section 151 of the "Internal Revenue Code of 1986," 100 Stat. 9,007
2085, 26 U.S.C. 1, as amended, and shall issue its determination 9,008
on this issue as part of the child support order. The court in 9,009
its order may permit the parent who is not the residential parent 9,010
and legal custodian to claim the children as dependents for 9,011
federal income tax purposes only if the payments for child 9,012
support are current in full as ordered by the court for the year 9,013
in which the children will be claimed as dependents. If the 9,014
court determines that the parent who is not the residential 9,015
parent and legal custodian may claim the children as dependents 9,016
for federal income tax purposes, it shall order the residential 9,017
parent to take whatever action is necessary pursuant to section 9,018
152 of the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 9,019
U.S.C. 1, as amended, to enable the parent who is not the 9,020
residential parent and legal custodian to claim the children as 9,021
dependents for federal income tax purposes in accordance with the 9,022
order of the court. Any willful failure of the residential 9,023
parent to comply with the order of the court is contempt of 9,024
court. 9,025
(g) If the order is a child support order issued on or 9,027
after July 1, 1990, or if the order modifies, on or after July 1, 9,028
213
1990, a prior child support order (f) WHEN ISSUING OR MODIFYING 9,030
A CHILD SUPPORT ORDER, the court shall include in the order all 9,031
of the requirements, specifications, and statements described in 9,032
division (B) of section 3113.218 of the Revised Code. IF THE 9,034
OBLIGOR OR OBLIGEE DOES NOT REQUEST A COURT HEARING ON THE 9,035
REVISED AMOUNT OF CHILD SUPPORT DETERMINED BY THE AGENCY AND 9,036
FILED WITH THE COURT PURSUANT TO SECTION 3113.216 OF THE REVISED 9,037
CODE AND THE COURT MODIFIES THE ORDER TO INCLUDE THE REVISED 9,039
AMOUNT PURSUANT TO DIVISION (C)(1)(c)(i) OF THIS SECTION, THE 9,040
MODIFICATION SHALL RELATE BACK TO THE FIRST DAY OF THE MONTH 9,041
FOLLOWING THE DATE CERTAIN ON WHICH THE REVIEW OF THE CHILD 9,043
SUPPORT ORDER BEGAN PURSUANT TO DIVISION (C)(1)(a) OF SECTION 9,044
3113.216 OF THE REVISED CODE. IF THE OBLIGOR OR OBLIGEE REQUESTS 9,047
A COURT HEARING ON THE REVISED AMOUNT OF CHILD SUPPORT PURSUANT 9,048
TO THIS SECTION AND SECTION 3113.216 OF THE REVISED CODE AND THE 9,051
COURT, AFTER CONDUCTING A HEARING, MODIFIES THE CHILD SUPPORT 9,052
AMOUNT UNDER THE ORDER, THE MODIFICATION SHALL RELATE BACK TO THE 9,053
FIRST DAY OF THE MONTH FOLLOWING THE DATE CERTAIN ON WHICH THE 9,054
REVIEW OF THE CHILD SUPPORT ORDER BEGAN PURSUANT TO DIVISION 9,056
(C)(1)(A) OF SECTION 3113.216 OF THE REVISED CODE. 9,057
(2) In any action in which a support order is issued, on 9,059
or after December 1, 1986, under Chapter 3115. or under section 9,060
2151.23, 2151.231, 2151.232, 2151.33, 2151.36, 2151.49, 3105.18, 9,062
3105.21, 3109.05, 3109.19, 3111.13, 3113.04, 3113.07, 3113.216, 9,065
or 3113.31 of the Revised Code, the court issuing the order also 9,066
shall conduct a hearing, prior to or at the time of the issuance 9,067
of the support order, to determine the employment status of the 9,068
obligor, the obligor's social security number, the name and 9,069
business address of the obligor's employer, and any other 9,070
information necessary to enable the court or a child support 9,071
enforcement agency to issue any withholding or deduction notice 9,072
described in division (D) of this section or for the court to 9,073
issue a court order described in division (D)(6)(3) or (7)(4) of 9,075
this section. The court, prior to the hearing, shall give the 9,077
214
obligor notice of the hearing that shall include the date on
which the notice is given and notice that the obligor is subject 9,078
to a requirement for the withholding of a specified amount from 9,079
personal earnings INCOME if employed and to one or more other 9,080
types of withholding or deduction requirements described in 9,081
division (D) or one or more types of court orders described in 9,082
division (D)(6)(3) or (7)(4) of this section and that the obligor 9,084
may present evidence and testimony at the hearing to prove that 9,085
any of the requirements would not be proper because of a mistake 9,086
of fact. 9,087
The court or child support enforcement agency, immediately 9,089
upon the court's completion of the hearing, shall issue one or 9,090
more of the types of notices described in division (D) of this 9,091
section imposing a withholding or deduction requirement, or the 9,092
court shall issue one or more types of court orders described in 9,093
division (D)(6)(3) or (7)(4) of this section. 9,094
(D) If a court or child support enforcement agency is 9,096
required under division (A), (B), or (C) of this section or any 9,097
other section of the Revised Code to issue one or more 9,098
withholding or deduction notices described in this division or 9,099
court orders described in division (D)(6)(3) or (7)(4) of this 9,101
section, the court shall issue one or more of the following types 9,102
of notices or court orders, or the agency shall issue one or more 9,103
of the following types of notices to pay the support required 9,104
under the support order in question and also, if required by any 9,105
of those divisions, any other section of the Revised Code, or the 9,106
court, to pay any arrearages: 9,107
(1)(a) If the court or the child support enforcement 9,109
agency determines that the obligor is employed RECEIVING INCOME 9,110
FROM A PAYOR, the court or agency shall require the obligor's 9,112
employer PAYOR to withhold from the obligor's personal earnings 9,114
INCOME a specified amount for support in satisfaction of the 9,116
support order, to begin the withholding no later than the first 9,117
pay period that occurs after fourteen working days following the 9,118
215
date the notice was mailed to the employer under divisions (A)(2) 9,119
or (B) and (D)(1)(b) of this section OR, IF THE PAYOR IS AN 9,121
EMPLOYER, NO LATER THAN THE FIRST PAY PERIOD THAT OCCURS AFTER 9,122
FOURTEEN WORKING DAYS FOLLOWING THE DATE THE NOTICE WAS MAILED, 9,123
to send the amount withheld to the DIVISION OF child support 9,124
enforcement agency for that county IN THE DEPARTMENT OF HUMAN 9,126
SERVICES PURSUANT TO SECTION 5101.325 OF THE REVISED CODE, to 9,128
send that amount to the agency DIVISION immediately but not later 9,130
than ten SEVEN days after the date the obligor is paid, and to 9,131
continue the withholding at intervals specified in the notice 9,132
until further notice from the court or CHILD SUPPORT ENFORCEMENT 9,133
agency. To the extent possible, the amount specified in the 9,134
notice to be withheld shall satisfy the amount ordered for 9,135
support in the support order plus any arrearages that may be owed 9,136
by the obligor under any prior support order that pertained to 9,137
the same child or spouse, notwithstanding the limitations of 9,138
sections 2329.66, 2329.70, 2716.02, and 2716.05 of the Revised 9,139
Code. However, in no case shall the sum of the amount specified 9,140
in the notice to be withheld and any fee withheld by the employer 9,141
PAYOR as a charge for its services exceed the maximum amount 9,143
permitted under section 303(b) of the "Consumer Credit Protection 9,144
Act," 15 U.S.C. 1673(b). 9,145
(b) If the court or agency imposes a withholding 9,147
requirement under division (D)(1)(a) of this section, it, within 9,148
the applicable period of time specified in division (A), (B), or 9,149
(C) of this section, shall send to the obligor's employer PAYOR 9,150
by regular mail a notice that contains all of the information set 9,152
forth in divisions (D)(1)(b)(i) to (xi) of this section. The 9,153
notice is final and is enforceable by the court. The notice 9,154
shall contain all of the following: 9,155
(i) The amount to be withheld from the obligor's wages 9,157
INCOME and a statement that the amount actually withheld for 9,159
support and other purposes, including the fee described in 9,160
division (D)(1)(b)(xi) of this section, shall not be in excess of 9,161
216
the maximum amounts permitted under section 303(b) of the 9,162
"Consumer Credit Protection Act," 15 U.S.C. 1673(b); 9,163
(ii) A statement that the employer PAYOR is required to 9,165
send the amount withheld to the DIVISION OF child support 9,167
enforcement agency immediately, but not later than ten SEVEN 9,169
working days, after the obligor is paid by the employer and is 9,171
required to report to the agency the date on which the amount was 9,172
withheld from the obligor's wages INCOME; 9,173
(iii) A statement that the withholding is binding upon the 9,175
employer PAYOR until further notice from the agency; 9,176
(iv) A statement that IF the PAYOR IS AN employer, THE 9,179
PAYOR is subject to a fine to be determined under the law of this 9,180
state for discharging the obligor from employment, refusing to 9,181
employ the obligor, or taking any disciplinary action against the 9,182
obligor because of the withholding requirement; 9,183
(v) A statement that, if the employer PAYOR fails to 9,185
withhold wages INCOME in accordance with the provisions of the 9,186
notice, the employer PAYOR is liable for the accumulated amount 9,188
the employer PAYOR should have withheld from the obligor's wages 9,190
INCOME;
(vi) A statement that the withholding in accordance with 9,192
the notice and under the provisions of this section has priority 9,193
over any other legal process under the law of this state against 9,194
the same wages INCOME; 9,195
(vii) The date on which the notice was mailed and a 9,197
statement that the employer PAYOR is required to implement the 9,198
withholding no later than the first pay period that occurs after 9,199
fourteen working days following the date the notice was mailed 9,200
OR, IF THE PAYOR IS AN EMPLOYER, NO LATER THAN THE FIRST PAY 9,201
PERIOD THAT OCCURS AFTER FOURTEEN WORKING DAYS FOLLOWING THE DATE 9,202
THE NOTICE WAS MAILED and is required to continue the withholding 9,203
at the intervals specified in the notice; 9,204
(viii) A requirement that the employer PAYOR promptly 9,206
notify the child support enforcement agency, in writing, within 9,208
217
ten working days after the date of any termination of the 9,209
obligor's employment, any layoff of the obligor, any leave of 9,210
absence of the obligor without pay, or any other situation THAT 9,211
OCCURS INCLUDING, TERMINATION OF EMPLOYMENT, LAYOFF OF THE 9,212
OBLIGOR FROM EMPLOYMENT, ANY LEAVE OF ABSENCE OF THE OBLIGOR FROM 9,213
EMPLOYMENT WITHOUT PAY, TERMINATION OF WORKERS' COMPENSATION 9,214
BENEFITS, OR TERMINATION OF ANY PENSION, ANNUITY, ALLOWANCE, OR 9,215
RETIREMENT BENEFIT, in which the employer PAYOR ceases to pay 9,217
personal earnings INCOME in an amount sufficient to comply with 9,219
the order to the obligor, provide the agency with the obligor's 9,220
last known address, notify the agency of the obligor's ANY new 9,221
employer OR INCOME SOURCE, if known, and provide the agency with 9,222
the ANY new employer's OR INCOME SOURCE'S name, address, and 9,223
telephone number, if known; 9,224
(ix) A requirement that, IF the PAYOR IS AN employer, 9,227
identify in the notification given under division (D)(1)(b)(viii) 9,228
of this section any types of benefits other than personal 9,229
earnings that the obligor is receiving or is eligible to receive 9,230
as a benefit of employment or as a result of the obligor's 9,231
termination of employment, including, but not limited to, 9,232
unemployment compensation, workers' compensation benefits, 9,233
severance pay, sick leave, lump-sum payments of retirement 9,234
benefits or contributions, and bonuses or profit-sharing payments 9,235
or distributions, and the amount of such benefits, and include in 9,236
the notification the obligor's last known address and telephone 9,237
number, date of birth, social security number, and court case 9,238
number and, if known, the name and business address of any new 9,239
employer of the obligor;
(x) A requirement that, no later than the earlier of 9,241
forty-five days before the lump-sum payment is to be made or, if 9,242
the obligor's right to the lump-sum payment is determined less 9,243
than forty-five days before it is to be made, the date on which 9,244
that determination is made, the employer PAYOR notify the child 9,245
support enforcement agency of any lump-sum payments of any kind 9,247
218
of five ONE hundred FIFTY dollars or more that are to be paid to 9,248
the obligor, hold the lump-sum payments of five ONE hundred FIFTY 9,250
dollars or more for thirty days after the date on which the 9,252
lump-sum payments otherwise would have been paid to the obligor, 9,253
if the lump-sum payments are workers' compensation benefits, 9,254
severance pay, sick leave, lump-sum payments of retirement 9,255
benefits or contributions, annual bonuses, or profit-sharing 9,256
payments or distributions, and, upon order of the court, pay any 9,257
specified amount of the lump-sum payment to the DIVISION OF child 9,258
support enforcement agency.
(xi) A statement that, in addition to the amount withheld 9,260
for support, the employer PAYOR may withhold a fee from the 9,261
obligor's earnings INCOME as a charge for its services in 9,263
complying with the notice and a specification of the amount that 9,265
may be withheld.
(c) The court or agency shall send the notice described in 9,267
division (D)(1)(b) of this section to the obligor and shall 9,268
attach to the notice an additional notice requiring the obligor 9,269
immediately to notify the child support enforcement agency, in 9,270
writing, of any change in employment, including self-employment, 9,272
THE OBLIGOR'S INCOME SOURCE and of the availability of any other 9,273
sources of income that can be the subject of any withholding or 9,274
deduction requirement described in division (D) of this section. 9,275
The court or agency shall serve the notices upon the obligor at 9,276
the same time as service of the support order or, if the support 9,277
order previously has been issued, shall send the notices to the 9,278
obligor by regular mail at the last known address at the same 9,279
time that it sends the notice described in division (D)(1)(b) of 9,280
this section to the employer PAYOR. The notification required of 9,281
the obligor shall include a description of the nature of any new 9,282
employment OR INCOME SOURCE, the name and, business address, AND 9,284
TELEPHONE NUMBER of any new employer OR INCOME SOURCE, and any 9,286
other information reasonably required by the court. No obligor
shall fail to give the notification required by division 9,287
219
(D)(1)(c) of this section. 9,288
(2)(a) If the court or the child support enforcement 9,290
agency determines that the obligor is receiving workers' 9,291
compensation payments, the court or agency may require the bureau 9,292
of workers' compensation or the employer that has been granted 9,293
the privilege of paying compensation directly and that is paying 9,294
workers' compensation benefits to the obligor to withhold from 9,295
the obligor's workers' compensation payments a specified amount 9,296
for support in satisfaction of the support order, to begin the 9,297
withholding no later than the date of the first payment that 9,298
occurs after fourteen working days following the date the notice 9,299
was mailed to the bureau or employer under divisions (A)(2) or 9,300
(B) and (D)(2)(b) of this section, to send the amount withheld to 9,301
the child support enforcement agency for that county, to send 9,302
that amount to the agency immediately but not later than ten days 9,303
after the date the payment is made to the obligor, to provide the 9,304
date on which the amount was withheld, and to continue the 9,305
withholding at intervals specified in the notice until further 9,306
notice from the court or agency. To the extent possible, the 9,307
amount specified in the notice to be withheld shall satisfy the 9,308
amount ordered for support in the support order plus any 9,309
arrearages that may be owed by the obligor under any prior 9,310
support order that pertained to the same child or spouse, 9,311
notwithstanding the limitations of section 4123.67 of the Revised 9,312
Code. However, in no case shall the sum of the amount specified 9,313
in the notice to be withheld and any fee withheld by an employer 9,314
as a charge for its services exceed the maximum amount permitted 9,315
under section 303(b) of the "Consumer Credit Protection Act," 15 9,316
U.S.C. 1673(b). 9,317
(b) If the court or agency imposes a withholding 9,319
requirement under division (D)(2)(a) of this section, it, within 9,320
the applicable period of time specified in division (A), (B), or 9,321
(C) of this section, shall send to the bureau of workers' 9,322
compensation or the employer that is paying the obligor's 9,323
220
workers' compensation benefits by regular mail a notice that 9,324
contains all of the information set forth in divisions 9,325
(D)(2)(b)(i) to (x) of this section. The notice is final and is 9,326
enforceable by the court. The notice shall contain all of the 9,327
following: 9,328
(i) The amount to be withheld from the obligor's worker's 9,330
compensation payments and a statement that the amount actually 9,331
withheld for support and other purposes, including the fee 9,332
described in division (D)(2)(b)(x) of this section, if 9,333
applicable, shall not be in excess of the maximum amounts 9,334
permitted under section 303(b) of the "Consumer Credit Protection 9,335
Act," 15 U.S.C. 1673(b); 9,336
(ii) A statement that the bureau or employer is required 9,338
to send the amount withheld to the child support enforcement 9,339
agency immediately, but not later than ten working days, after 9,340
the payment is made to the obligor and is required to report to 9,341
the agency the date on which the amount was withheld from the 9,342
obligor's payments; 9,343
(iii) A statement that the withholding is binding upon the 9,345
bureau or employer until further notice from the court or agency; 9,346
(iv) If the notice is sent to an employer who is paying 9,348
the obligor's worker's compensation benefits, a statement that, 9,349
if the employer fails to withhold from the obligor's worker's 9,350
compensation payments in accordance with the provisions of the 9,351
notice, the employer is liable for the accumulated amount the 9,352
employer should have withheld from the obligor's payments; 9,353
(v) A statement that the withholding in accordance with 9,355
the notice and under the provisions of this section has priority 9,356
over any other legal process under the law of this state against 9,357
the same payment of benefits; 9,358
(vi) The date on which the notice was mailed and a 9,360
statement that the bureau or employer is required to implement 9,361
the withholding no later than the date of the first payment that 9,362
occurs after fourteen working days following the date the notice 9,363
221
was mailed and is required to continue the withholding at the 9,364
intervals specified in the notice; 9,365
(vii) A requirement that the bureau or employer promptly 9,367
notify the child support enforcement agency, in writing, within 9,368
ten working days after the date of any termination of the 9,369
obligor's workers' compensation benefits; 9,370
(viii) A requirement that the bureau or employer include 9,372
in all notices the obligor's last known mailing address, last 9,373
known residence address, and social security number; 9,374
(ix) A requirement that, no later than the earlier of 9,376
forty-five days before the lump-sum payment is to be made or, if 9,377
the obligor's right to the lump-sum payment is determined less 9,378
than forty-five days before it is to be made, the date on which 9,379
that determination is made, the bureau or employer notify the 9,380
child support enforcement agency of any lump-sum payment of any 9,381
kind of five hundred dollars or more that is to be paid to the 9,382
obligor, hold the lump-sum payment for thirty days after the date 9,383
on which the lump-sum payment otherwise would be paid to the 9,384
obligor, and, upon order of the court, pay any specified amount 9,385
of the lump-sum payment to the agency. 9,386
(x) If the notice is sent to an employer who is paying the 9,388
obligor's workers' compensation benefits, a statement that, in 9,389
addition to the amount withheld for support, the employer may 9,390
withhold a fee from the obligor's benefits as a charge for its 9,391
services in complying with the notice and a specification of the 9,392
amount that may be withheld. 9,393
(c) The court or agency shall send the notice described in 9,395
division (D)(2)(b) of this section to the obligor and shall 9,396
attach to the notice an additional notice requiring the obligor 9,397
to immediately notify the child support enforcement agency, in 9,398
writing, of any change in the obligor's workers' compensation 9,399
payments, of the obligor's commencement of employment, including 9,400
self-employment, and of the availability of any other sources of 9,401
income that can be the subject of any withholding or deduction 9,402
222
requirement described in division (D) of this section. The court 9,403
or agency shall serve the notices upon the obligor at the same 9,404
time as service of the support order or, if the support order 9,405
previously has been issued, shall send the notices to the obligor 9,406
by regular mail at the obligor's last known address at the same 9,407
time that it sends the notice described in division (D)(2)(b) of 9,408
this section to the bureau or employer. The additional notice 9,409
also shall notify the obligor that upon commencement of 9,410
employment the obligor may request the court or the child support 9,411
enforcement agency to cancel its workers' compensation payment 9,412
withholding notice and instead issue a notice requiring the 9,413
withholding of an amount from the obligor's personal earnings for 9,414
support in accordance with division (D)(1) of this section and 9,416
that upon commencement of employment the court may cancel its 9,417
workers' compensation payment withholding notice and instead will 9,418
issue a notice requiring the withholding of an amount from the 9,419
obligor's personal earnings for support in accordance with 9,420
division (D)(1) of this section. The notification required of
the obligor shall include a description of the nature of any new 9,421
employment, the name and business address of any new employer, 9,422
and any other information reasonably required by the court. 9,423
(3)(a) If the court or child support enforcement agency 9,425
determines that the obligor is receiving any pension, annuity, 9,426
allowance, or other benefit or is to receive or has received a 9,427
warrant refunding the individual account from the public 9,428
employees retirement system, a municipal retirement system 9,429
established subject to sections 145.01 to 145.58 of the Revised 9,430
Code, the police and firemen's disability and pension fund, the 9,431
state teachers retirement system, the school employees retirement 9,432
system, or the state highway patrol retirement system, the court 9,433
or agency may require the public employees retirement board, the 9,434
board, board of trustees, or other governing entity of any 9,435
municipal retirement system, the board of trustees of the police 9,436
and firemen's disability and pension fund, the state teachers 9,437
223
retirement board, the school employees retirement board, or the 9,438
state highway patrol retirement board to withhold from the 9,439
obligor's pension, annuity, allowance, other benefit, or warrant 9,440
a specified amount for support in satisfaction of the support 9,441
order, to begin the withholding no later than the date of the 9,442
first payment that occurs after fourteen working days following 9,443
the date the notice was mailed to the board, board of trustees, 9,444
or other entity under divisions (A)(2) or (B) and (D)(3)(b) of 9,445
this section, to send the amount withheld to the child support 9,446
enforcement agency for that county, to send that amount to the 9,447
agency immediately but not later than ten days after the date the 9,448
payment is made to the obligor, to provide the date on which the 9,449
amount was withheld, and to continue the withholding at intervals 9,450
specified in the notice until further notice from the court or 9,451
agency. To the extent possible, the amount specified in the 9,452
notice to be withheld shall satisfy the amount ordered for 9,453
support in the support order plus any arrearages that may be owed 9,454
by the obligor under any prior support order that pertained to 9,455
the same child or spouse, notwithstanding the limitations of 9,456
sections 2329.66, 2329.70, and 2716.13 of the Revised Code. 9,457
However, in no case shall the sum of the amount specified in the 9,458
notice to be withheld and any fee withheld by the board, board of 9,459
trustees, or other entity as a charge for its services exceed the 9,460
maximum amount permitted under section 303(b) of the "Consumer 9,461
Credit Protection Act," 15 U.S.C. 1673(b). 9,462
(b) If the court or agency imposes a withholding 9,464
requirement under division (D)(3)(a) of this section, it, within 9,465
the applicable period of time specified in division (A), (B), or 9,466
(C) of this section, shall send to the board, board of trustees, 9,467
or other entity by regular mail a notice that contains all of the 9,468
information set forth in divisions (D)(3)(b)(i) to (ix) of this 9,469
section. The notice is final and is enforceable by the court. 9,470
The notice shall contain all of the following: 9,471
(i) The amount to be withheld from the obligor's pension, 9,473
224
annuity, allowance, other benefit, or warrant and a statement 9,474
that the amount actually withheld for support and other purposes, 9,475
including the fee described in division (D)(3)(b)(ix) of this 9,476
section, shall not be in excess of the maximum amounts permitted 9,477
under section 303(b) of the "Consumer Credit Protection Act," 15 9,478
U.S.C. 1673(b); 9,479
(ii) A statement that the board, board of trustees, or 9,481
other entity is required to send the amount withheld to the child 9,482
support enforcement agency immediately, but not later than ten 9,483
working days, after the payment is made to the obligor and is 9,484
required to report to the agency the date on which the amount was 9,485
withheld from the obligor's payments; 9,486
(iii) A statement that the withholding is binding upon the 9,488
board, board of trustees, or other entity until further notice 9,489
from the court or agency; 9,490
(iv) A statement that the withholding in accordance with 9,492
the notice and under the provisions of this section has priority 9,493
over any other legal process under the law of this state against 9,494
the same payment of the pension, annuity, allowance, other 9,495
benefit, or warrant; 9,496
(v) The date on which the notice was mailed and a 9,498
statement that the board, board of trustees, or other entity is 9,499
required to implement the withholding no later than the date of 9,500
the first payment that occurs after fourteen working days 9,501
following the date the notice was mailed and is required to 9,502
continue the withholding at the intervals specified in the 9,503
notice; 9,504
(vi) A requirement that the board, board of trustees, or 9,506
other entity promptly notify the child support enforcement 9,507
agency, in writing, within ten working days after the date of any 9,508
termination of the obligor's pension, annuity, allowance, or 9,509
other benefit; 9,510
(vii) A requirement that the board, board of trustees, or 9,512
other entity include in all notices the obligor's last known 9,513
225
mailing address, last known residence address, and social 9,514
security number; 9,515
(viii) A requirement that, no later than the earlier of 9,517
forty-five days before the lump-sum payment is to be made or, if 9,518
the obligor's right to the lump-sum payment is determined less 9,519
than forty-five days before it is to be made, the date on which 9,520
that determination is made, the board, board of trustees, or 9,521
other entity notify the child support enforcement agency of any 9,522
lump-sum payment of any kind of five hundred dollars or more that 9,523
is to be paid to the obligor, hold the lump-sum payment for 9,524
thirty days after the date on which the lump-sum payment would 9,525
otherwise be paid to the obligor, if the lump-sum payments are 9,526
lump-sum payments of retirement benefits or contributions, and, 9,527
upon order of the court, pay any specified amount of the lump-sum 9,528
payment to the agency; 9,529
(ix) A statement that, in addition to the amount withheld 9,531
for support, the board, board of trustees, or other entity may 9,532
withhold a fee from the obligor's pension, annuity, allowance, 9,533
other benefit, or warrant as a charge for its services in 9,534
complying with the notice and a specification of the amount that 9,535
may be withheld. 9,536
(c) The court or agency shall send the notice described in 9,538
division (D)(3)(b) of this section to the obligor and shall 9,539
attach to the notice an additional notice requiring the obligor 9,540
immediately to notify the child support enforcement agency, in 9,541
writing, of any change in pension, annuity, allowance, or other 9,543
benefit, of the commencement of employment, including
self-employment, and of the availability of any other sources of 9,544
income that can be the subject of any withholding or deduction 9,545
requirement described in division (D) of this section. The court 9,546
or agency shall serve the notices upon the obligor at the same 9,547
time as service of the support order or, if the support order 9,548
previously has been issued, shall send the notices to the obligor 9,549
by regular mail at the last known address at the same time that 9,550
226
it sends the notice described in division (D)(3)(b) of this 9,551
section to the board, board of trustees, or other entity. The 9,552
additional notice also shall specify that upon commencement of 9,554
employment the obligor may request the court or the child support 9,555
enforcement agency to issue a notice requiring the withholding of 9,556
an amount from personal earnings for support in accordance with 9,557
division (D)(1) of this section and that upon commencement of 9,558
employment the court may cancel its withholding notice under 9,559
division (D)(3)(b) of this section and instead will issue a 9,560
notice requiring the withholding of an amount from personal 9,561
earnings for support in accordance with division (D)(1) of this 9,562
section. The notification required of the obligor shall include 9,563
a description of the nature of any new employment, the name and 9,564
business address of any new employer, and any other information 9,565
reasonably required by the court.
(4)(a) If the court or child support enforcement agency 9,567
determines that the obligor is receiving any form of income, 9,568
including, but not limited to, disability or sick pay, insurance 9,569
proceeds, lottery prize awards, federal, state, or local 9,570
government benefits to the extent that the benefits can be 9,571
withheld or deducted under any law governing the benefits, any 9,572
form of trust fund or endowment fund, vacation pay, commissions 9,573
and draws against commissions that are paid on a regular basis, 9,574
bonuses or profit-sharing payments or distributions, or any 9,575
lump-sum payments, the court or agency may require the person who 9,576
pays or otherwise distributes the income to the obligor to 9,577
withhold from the obligor's income a specified amount for support 9,578
in satisfaction of the support order, to begin the withholding no 9,579
later than the date of the first payment that occurs after 9,580
fourteen working days following the date the notice was mailed to 9,581
the person paying or otherwise distributing the obligor's income 9,582
under divisions (A)(2) or (B) and (D)(4)(b) of this section, to 9,583
send the amount withheld to the child support enforcement agency 9,584
for that county, to send that amount to the agency immediately 9,585
227
but not later than ten days after the date the payment is made to 9,586
the obligor, to provide the date on which the amount was 9,587
withheld, and to continue the withholding at intervals specified 9,588
in the notice until further notice from the court or agency. To 9,589
the extent possible, the amount specified in the notice to be 9,590
withheld shall satisfy the amount ordered for support in the 9,591
support order plus any arrearages that may be owed by the obligor 9,592
under any prior support order that pertained to the same child or 9,593
spouse, notwithstanding the limitations of sections 2329.66, 9,594
2329.70, and 2716.13 of the Revised Code. However, in no case 9,595
shall the sum of the amount specified in the notice to be 9,596
withheld and any fee withheld by the person paying or otherwise 9,597
distributing the obligor's income as a charge for its services 9,598
exceed the maximum amount permitted under section 303(b) of the 9,599
"Consumer Credit Protection Act," 15 U.S.C. 1673(b). 9,600
(b) If the court or agency imposes a withholding 9,602
requirement under division (D)(4)(a) of this section, it, within 9,603
the applicable period of time specified in division (A), (B), or 9,604
(C) of this section, shall send to the person paying or otherwise 9,605
distributing the obligor's income by regular mail a notice that 9,606
contains all of the information set forth in divisions 9,607
(D)(4)(b)(i) to (ix) of this section. The notice is final and is 9,608
enforceable by the court. The notice shall contain all of the 9,609
following: 9,610
(i) The amount to be withheld from the obligor's income 9,612
and a statement that the amount actually withheld for support and 9,613
other purposes, including the fee described in division 9,614
(D)(4)(b)(ix) of this section, shall not be in excess of the 9,615
maximum amounts permitted under section 303(b) of the "Consumer 9,616
Credit Protection Act," 15 U.S.C. 1673(b); 9,617
(ii) A statement that the person paying or otherwise 9,619
distributing the obligor's income is required to send the amount 9,620
withheld to the child support enforcement agency immediately, but 9,621
not later than ten working days, after the payment is made to the 9,622
228
obligor and is required to report to the agency the date on which 9,623
the amount was withheld from the obligor's payments; 9,624
(iii) A statement that the withholding is binding upon the 9,626
person paying or otherwise distributing the obligor's income 9,627
until further notice from the court or agency; 9,628
(iv) A statement that the withholding in accordance with 9,630
the notice and under the provisions of this section has priority 9,631
over any other legal process under the law of this state against 9,632
the same payment of the income; 9,633
(v) A statement that the person paying or otherwise 9,635
distributing the obligor's income is required to implement the 9,636
withholding no later than the date of the first payment that 9,637
occurs after fourteen working days following the date the notice 9,638
was mailed and is required to continue the withholding at the 9,639
intervals specified in the notice; 9,640
(vi) A requirement that the person paying or otherwise 9,642
distributing the obligor's income promptly notify the child 9,643
support enforcement agency, in writing, within ten days after the 9,644
date of any termination of the obligor's income; 9,645
(vii) A requirement that the person paying or otherwise 9,647
distributing the obligor's income include in all notices the 9,648
obligor's last known mailing address, last known residence 9,649
address, and social security number; 9,650
(viii) A requirement that, no later than the earlier of 9,652
forty-five days before the lump-sum payment is to be made or, if 9,653
the obligor's right to the lump-sum payment is determined less 9,654
than forty-five days before it is to be made, the date on which 9,655
that determination is made, the person paying or otherwise 9,656
distributing the obligor's income notify the child support 9,657
enforcement agency of any lump-sum payment of any kind of five 9,658
hundred dollars or more that is to be paid to the obligor, hold 9,659
the lump-sum payment for thirty days after the date on which the 9,660
lump-sum payment would otherwise be paid to the obligor, if the 9,661
lump-sum payment is sick pay, lump-sum payment of retirement 9,662
229
benefits or contributions, or profit-sharing payments or 9,663
distributions, and, upon order of the court, pay any specified 9,664
amount of the lump-sum payment to the child support enforcement 9,665
agency; 9,666
(ix) A statement that, in addition to the amount withheld 9,668
for support, the person paying or otherwise distributing the 9,669
obligor's income may withhold a fee from the obligor's income as 9,670
a charge for its services in complying with the order and a 9,671
specification of the amount that may be withheld. 9,672
(c) The court or agency shall send the notice described in 9,674
division (D)(4)(b) of this section to the obligor and shall 9,675
attach to the notice an additional notice requiring the obligor 9,676
immediately to notify the child support enforcement agency, in 9,677
writing, of any change in income to which the withholding notice 9,679
applies, of the commencement of employment, including
self-employment, and of the availability of any other sources of 9,680
income that can be the subject of any withholding or deduction 9,681
requirement described in division (D) of this section. The court 9,682
or agency shall serve the notices upon the obligor at the same 9,683
time as service of the support order or, if the support order 9,684
previously has been issued, shall send the notices to the obligor 9,685
by regular mail at the last known address at the same time that 9,686
it sends the notice described in division (D)(4)(b) of this 9,687
section to the person paying or otherwise distributing the 9,688
obligor's income. The additional notice also shall specify that 9,689
upon commencement of employment the obligor may request the court 9,691
or child support enforcement agency to issue a notice requiring 9,692
the withholding of an amount from the obligor's personal earnings 9,693
for support in accordance with division (D)(1) of this section
and that upon commencement of employment the court may cancel its 9,695
withholding notice under division (D)(4)(b) of this section and 9,696
instead will issue a notice requiring the withholding of an
amount from personal earnings for support in accordance with 9,697
division (D)(1) of this section. The notification required of 9,698
230
the obligor shall include a description of the nature of any new 9,699
employment, the name and business address of any new employer, 9,700
and any other information reasonably required by the court. 9,701
(5)(a) If the court or child support enforcement agency 9,703
determines that the obligor has funds on deposit in any account 9,704
in a financial institution under the jurisdiction of the court, 9,705
the court or agency may require any financial institution in 9,706
which the obligor's funds are on deposit to deduct from the 9,707
obligor's account a specified amount for support in satisfaction 9,708
of the support order, to begin the deduction no later than 9,709
fourteen working days following the date the notice was mailed to 9,710
the financial institution under divisions (A)(2) or (B) and 9,712
(D)(5)(2)(b) of this section, to send the amount deducted to the 9,713
DIVISION OF child support enforcement agency for that county IN 9,715
THE DEPARTMENT OF HUMAN SERVICES PURSUANT TO SECTION 5101.325 OF 9,716
THE REVISED CODE, to send that amount to the agency DIVISION 9,718
immediately but not later than ten SEVEN WORKING days after the 9,720
date the latest deduction was made, to provide the date on which 9,721
the amount was deducted, and to continue the deduction at 9,722
intervals specified in the notice until further notice from the 9,723
court or CHILD SUPPORT ENFORCEMENT agency. To the extent
possible, the amount specified in the notice to be deducted shall 9,725
satisfy the amount ordered for support in the support order plus 9,726
any arrearages that may be owed by the obligor under any prior 9,727
support order that pertained to the same child or spouse, 9,728
notwithstanding the limitations of sections 2329.66, 2329.70, and 9,729
2716.13 of the Revised Code. However, in no case shall the sum 9,730
of the amount specified in the notice to be deducted and the fee 9,731
deducted by the financial institution as a charge for its 9,732
services exceed the maximum amount permitted under section 303(b) 9,733
of the "Consumer Credit Protection Act," 15 U.S.C. 1673(b). 9,734
(b) If the court or agency imposes a withholding 9,736
requirement under division (D)(5)(2)(a) of this section, it, 9,737
within the applicable period of time specified in division (A), 9,739
231
(B), or (C) of this section, shall send to the financial 9,740
institution by regular mail a notice that contains all of the 9,741
information set forth in divisions (D)(5)(2)(b)(i) to (viii) of 9,742
this section. The notice is final and is enforceable by the 9,744
court. The notice shall contain all of the following: 9,745
(i) The amount to be deducted from the obligor's account 9,747
and a statement that the amount actually deducted for support and 9,748
other purposes, including the fee described in division 9,749
(D)(5)(b)(viii) of this section, shall not be in excess of the 9,751
maximum amounts permitted under section 303(b) of the "Consumer 9,752
Credit Protection Act," 15 U.S.C. 1673(b); 9,753
(ii) A statement that the financial institution is 9,755
required to send the amount deducted to the DIVISION OF child 9,756
support enforcement agency immediately, but not later than ten 9,757
SEVEN working days, after the date the last deduction was made 9,759
and is required to report to the CHILD SUPPORT ENFORCEMENT agency 9,760
the date on which the amount was deducted from the obligor's 9,762
account;
(iii) A statement that the deduction is binding upon the 9,764
financial institution until further notice from the court or 9,765
agency; 9,766
(iv) A statement that the withholding in accordance with 9,768
the notice and under the provisions of this section has priority 9,769
over any other legal process under the law of this state against 9,770
the same account; 9,771
(v) The date on which the notice was mailed and a 9,773
statement that the financial institution is required to implement 9,774
the deduction no later than fourteen working days following the 9,775
date the notice was mailed and is required to continue the 9,776
deduction at the intervals specified in the notice; 9,777
(vi) A requirement that the financial institution promptly 9,779
notify the child support enforcement agency, in writing, within 9,780
ten days after the date of any termination of the account from 9,781
which the deduction is being made and notify the agency, in 9,782
232
writing, of the opening of a new account at that financial 9,783
institution, the account number of the new account, the name of 9,784
any other known financial institutions in which the obligor has 9,785
any accounts, and the numbers of those accounts; 9,786
(vii) A requirement that the financial institution include 9,788
in all notices the obligor's last known mailing address, last 9,789
known residence address, and social security number; 9,790
(viii) A statement that, in addition to the amount 9,792
deducted for support, the financial institution may deduct a fee 9,793
from the obligor's account as a charge for its services in 9,794
complying with the notice and a specification of the amount that 9,795
may be deducted. 9,796
(c) The court or agency shall send the notice described in 9,798
division (D)(5)(2)(b) of this section to the obligor and shall 9,799
attach to the notice an additional notice requiring the obligor 9,800
immediately to notify the child support enforcement agency, in 9,801
writing, of any change in the status of the account from which 9,802
the amount of support is being deducted or the opening of a new 9,803
account with any financial institution, of commencement of 9,804
employment, including self-employment, or of the availability of 9,805
any other sources of income that can be the subject of any 9,806
withholding or deduction requirement described in division (D) of 9,807
this section. The court or agency shall serve the notices upon 9,808
the obligor at the same time as service of the support order or, 9,809
if the support order previously has been issued, shall send the 9,810
notices to the obligor by regular mail at the last known address 9,811
at the same time that it sends the notice described in division 9,812
(D)(5)(2)(b) of this section to the financial institution. The 9,814
additional notice also shall specify that upon commencement of 9,816
employment, the obligor may request the court or child support 9,817
enforcement agency to cancel its financial institution account 9,818
deduction notice and instead issue a notice requiring the
withholding of an amount from personal earnings for support in 9,820
accordance with division (D)(1) of this section and that upon
233
commencement of employment the court may cancel its financial 9,821
institution account deduction notice under division (D)(5)(2)(b) 9,823
of this section and instead will issue a notice requiring the 9,824
withholding of an amount from personal earnings for support in 9,826
accordance with division (D)(1) of this section. The
notification required of the obligor shall include a description 9,827
of the nature of any new accounts opened at a financial 9,828
institution under the jurisdiction of the court, the name and 9,829
business address of that financial institution, a description of 9,830
the nature of any new employment OR INCOME SOURCE, the name and, 9,832
business address, AND TELEPHONE NUMBER of any new employer OR 9,833
INCOME SOURCE, and any other information reasonably required by 9,835
the court.
(6)(3) The court may issue an order requiring the obligor 9,837
to enter into a cash bond with the court. The court shall issue 9,838
the order as part of the support order or, if the support order 9,839
previously has been issued, as a separate order. Any cash bond 9,840
so required shall be in a sum fixed by the court at not less than 9,841
five hundred nor more than ten thousand dollars, conditioned that 9,842
the obligor will make payment as previously ordered and will pay 9,843
any arrearages under any prior support order that pertained to 9,844
the same child or spouse. The order, along with an additional 9,845
order requiring the obligor to immediately notify the child 9,846
support enforcement agency, in writing, of commencement of 9,847
employment, including self-employment IF THE OBLIGOR BEGINS TO 9,848
RECEIVE INCOME FROM A PAYOR, shall be attached to, and shall be 9,850
served upon the obligor at the same time as service of, the 9,851
support order or, if the support order previously has been
issued, as soon as possible after the issuance of the order under 9,852
this division. The additional order also shall specify that upon 9,853
commencement of employment WHEN THE OBLIGOR BEGINS TO RECEIVE 9,854
INCOME FROM A PAYOR the obligor may request the court to cancel 9,856
its bond order and instead issue a notice requiring the 9,857
withholding of an amount from personal earnings INCOME for 9,859
234
support in accordance with division (D)(1) of this section and 9,860
that upon commencement of employment WHEN THE OBLIGOR BEGINS TO
RECEIVE INCOME FROM A PAYOR the court will proceed to collect on 9,862
the bond, if the court determines that payments due under the 9,863
support order have not been made and that the amount that has not 9,864
been paid is at least equal to the support owed for one month 9,865
under the support order, and will issue a notice requiring the 9,866
withholding of an amount from personal earnings INCOME for 9,867
support in accordance with division (D)(1) of this section. The 9,869
notification required of the obligor shall include a description 9,870
of the nature of any new employment, the name and business 9,871
address of any new employer, and any other information reasonably 9,872
required by the court.
The court shall not order an obligor to post a cash bond 9,874
under this division unless the court determines that the obligor 9,875
has the ability to do so. A child support enforcement agency 9,876
shall not issue an order of the type described in this division. 9,877
If a child support enforcement agency is required to issue a 9,878
withholding or deduction notice under division (D) of this 9,879
section but the agency determines that no notice of the type 9,880
described in division (D)(1) to (5) OR (2) of this section would 9,882
be appropriate, the agency may request the court to issue a court 9,883
order under this division, and, upon the request, the court may 9,884
issue an order as described in this division. 9,885
(7)(4) If the obligor is unemployed, has no income, and 9,887
does not have an account at any financial institution, OR ON 9,888
REQUEST OF A CHILD SUPPORT ENFORCEMENT AGENCY MADE UNDER SECTION 9,889
3111.231 OF THE REVISED CODE, the court shall issue an order 9,891
requiring the obligor to seek employment, if the obligor is able 9,892
to engage in employment and immediately to, TO SEEK EMPLOYMENT OR 9,893
PARTICIPATE IN A WORK ACTIVITY TO WHICH A RECIPIENT OF ASSISTANCE 9,894
UNDER TITLE IV-A OF THE "SOCIAL SECURITY ACT," 49 STAT. 620 9,900
(1935), 42 U.S.C.A. 301, AS AMENDED, MAY BE ASSIGNED AS SPECIFIED 9,902
IN SECTION 407(d) OF THE "SOCIAL SECURITY ACT," 42 U.S.C.A. 9,908
235
607(d), AS AMENDED. THE COURT SHALL INCLUDE IN THE ORDER A 9,909
REQUIREMENT THAT THE OBLIGOR notify the child support enforcement 9,911
agency upon obtaining employment, upon obtaining any income, or 9,912
upon obtaining ownership of any asset with a value of five 9,913
hundred dollars or more. THE COURT MAY ISSUE THE ORDER 9,915
REGARDLESS OF WHETHER THE OBLIGEE TO WHOM THE OBLIGOR OWES
SUPPORT IS A RECIPIENT OF ASSISTANCE UNDER TITLE (IV)-A OF THE 9,917
"SOCIAL SECURITY ACT." The court shall issue the notice ORDER as 9,918
part of the A support order or, if the A support order previously 9,920
has been issued, as a separate notice. A child support 9,921
enforcement agency shall not issue a notice of the type described 9,922
in this division ORDER. If a child support enforcement agency is 9,923
required to issue a withholding or deduction notice under 9,924
division (D) of this section but the agency determines that no 9,925
notice of the type described in division (D)(1) to (5) OR (2) of 9,926
this section would be appropriate, the agency may request the 9,928
court to issue a court order under this division (D)(4) OF THIS 9,929
SECTION, and, upon the request, the court may issue an order as 9,930
described in this division (D)(4) OF THIS SECTION. 9,931
IF AN OBLIGOR IS ORDERED TO PARTICIPATE IN A WORK ACTIVITY, 9,934
THE CHILD SUPPORT ENFORCEMENT AGENCY OF THE COUNTY IN WHICH THE 9,935
OBLIGOR RESIDES SHALL OVERSEE THE OBLIGOR'S PARTICIPATION IN 9,936
ACCORDANCE WITH RULES THE DEPARTMENT OF HUMAN SERVICES SHALL 9,937
ADOPT IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE. A 9,940
CHILD SUPPORT ENFORCEMENT AGENCY MAY CONTRACT WITH ONE OR MORE 9,941
GOVERNMENTAL AGENCIES OR PERSONS TO CARRY OUT SOME OR ALL OF ITS 9,942
OVERSIGHT DUTIES. 9,943
(E) If a court or child support enforcement agency is 9,945
required under division (A), (B), or (C) of this section or any 9,946
other section of the Revised Code to issue one or more notices or 9,947
court orders described in division (D) of this section, the court 9,948
or agency to the extent possible shall issue a sufficient number 9,949
of notices or court orders under division (D) of this section to 9,950
provide that the aggregate amount withheld or deducted under 9,951
236
those notices or court orders satisfies the amount ordered for 9,952
support in the support order plus any arrearages that may be owed 9,953
by the obligor under any prior support order that pertained to 9,954
the same child or spouse, notwithstanding the limitations of 9,955
sections 2329.66, 2329.70, 2716.13, and 4123.67 of the Revised 9,956
Code. However, in no case shall the aggregate amount withheld or 9,957
deducted PURSUANT TO A WITHHOLDING NOTICE ISSUED UNDER DIVISION 9,959
(D)(1) OF THIS SECTION and any fees withheld or deducted PURSUANT 9,960
TO THE NOTICE as a charge for services exceed the maximum amount 9,961
permitted under section 303(b) of the "Consumer Credit Protection 9,962
Act," 15 U.S.C. 1673(b).
(F)(1) Any withholding or deduction requirement that is 9,964
contained in a notice described in division (D) of this section 9,965
and that is required to be issued by division (A), (B), or (C) of 9,966
this section or any other section of the Revised Code has 9,967
priority over any order of attachment, any order in aid of 9,968
execution, and any other legal process issued under state law 9,969
against the same earnings, payments, or account. 9,970
(2) When two or more withholding or deduction notices that 9,972
are described in division (D)(1) of this section and that are 9,973
required to be issued by division (A), (B), or (C) of this 9,974
section or any other section of the Revised Code are received by 9,975
an employer, the bureau of workers' compensation, an employer 9,976
that is paying more than one person's workers' compensation 9,977
benefits, the public employees retirement board, the board, board 9,978
of trustees, or other governing entity of any municipal 9,979
retirement system, the board of trustees of the police and 9,980
firemen's disability and pension fund, the state teachers 9,981
retirement board, the school employees retirement board, the 9,982
state highway patrol retirement board, a person paying or 9,983
otherwise distributing income for more than one obligor, or a 9,985
financial institution, the employer, bureau of workers' 9,986
compensation, employer paying workers' compensation benefits, 9,987
board, board of trustees, or other governing entity of a 9,988
237
retirement system, person paying or distributing income to an 9,989
obligor, or financial institution THE PAYOR shall comply with all 9,991
of the requirements contained in the notices to the extent that 9,994
the total amount withheld from the obligor's personal earnings, 9,995
payments, pensions, annuities, allowances, benefits, other 9,996
sources of income, or savings does not exceed the maximum amount 9,997
permitted under section 303(b) of the "Consumer Credit Protection 9,998
Act," 15 U.S.C. 1673(b), withhold or deduct amounts in accordance 9,999
with the allocation set forth in divisions (F)(2)(a) and (b) of 10,000
this section, notify each court or child support enforcement 10,001
agency that issued one of the notices of the allocation, and give 10,002
priority to amounts designated in each notice as current support 10,003
in the following manner: 10,004
(a) If the total of the amounts designated in the notices 10,006
as current support exceeds the amount available for withholding 10,007
under section 303(b) of the "Consumer Credit Protection Act," 15 10,008
U.S.C. 1673(b), the employer, bureau of workers' compensation, 10,009
employer paying workers' compensation benefits, board, board of 10,010
trustees, or other governing entity of a municipal retirement 10,011
system, person paying or distributing income to an obligor, or 10,013
financial institution PAYOR shall allocate to each notice an 10,014
amount for current support equal to the amount designated in that 10,016
notice as current support multiplied by a fraction in which the 10,017
numerator is the amount of personal earnings, payments, pensions, 10,018
annuities, allowances, benefits, other sources of income, or 10,019
savings available for withholding and the denominator is the 10,020
total amount designated in all of the notices as current support. 10,021
(b) If the total of the amounts designated in the notices 10,023
as current support does not exceed the amount available for 10,024
withholding under section 303(b) of the "Consumer Credit 10,025
Protection Act," 15 U.S.C. 1673(b), the persons and entities 10,026
listed in division (F)(2)(a) of this section PAYOR shall pay all 10,028
of the amounts designated as current support in the notices and 10,029
shall allocate to each notice an amount for past-due support 10,030
238
equal to the amount designated in that notice as past-due support 10,031
multiplied by a fraction in which the numerator is the amount of 10,032
personal earnings, payments, pensions, annuities, allowances, 10,033
benefits, other sources of income, or savings remaining available 10,034
for withholding after the payment of current support and the 10,035
denominator is the total amount designated in all of the notices 10,036
as past-due support. 10,037
(G)(1) Except when a provision specifically authorizes or 10,039
requires service other than as described in this division, 10,040
service of any notice on any party, the bureau of workers' 10,041
compensation, an employer that is paying a person's workers' 10,042
compensation benefits, the public employees retirement board, the 10,043
board, board of trustees, or other governing entity of any 10,044
municipal retirement system, the board of trustees of the police 10,045
and firemen's disability and pension fund, the state teachers 10,046
retirement board, the school employees retirement board, the 10,047
state highway patrol retirement board, a person paying or 10,048
otherwise distributing an obligor's income, a financial 10,049
institution, or an employer PAYOR, for purposes of division (A), 10,050
(B), (C), or (D) of this section, may SHALL be made by personal 10,052
service or ordinary first class mail directed to the addressee at 10,054
the last known address, or, in the case of a corporation, at its 10,055
usual place of doing business. Any service of notice by ordinary 10,056
first class mail shall be evidenced by a certificate of mailing 10,057
filed with the clerk of the court A NOTICE SHALL BE CONSIDERED TO 10,058
HAVE BEEN SERVED WHEN IT IS MAILED. 10,059
(2) Each party to a support order shall notify the child 10,061
support enforcement agency of the party's current mailing address 10,062
and, current residence address, CURRENT RESIDENCE TELEPHONE 10,064
NUMBER, AND CURRENT DRIVER'S LICENSE NUMBER, at the time of the 10,065
issuance or modification of the order and, until further notice 10,066
of the court that issues the order, shall notify the agency of 10,067
any change in either address THAT INFORMATION immediately after 10,068
the change occurs. Any willful failure to comply with this 10,070
239
division is contempt of court. No person shall fail to give the 10,071
notice required by division (G)(2) of this section.
(3) Each support order, or modification of a support 10,073
order, that is subject to this section shall contain a statement 10,074
requiring each party to the order to notify the child support 10,075
enforcement agency in writing of the party's current mailing 10,076
address, the party's current residence address, and of any 10,078
changes in either address and a notice that the requirement to 10,080
notify the agency of all changes in either address continues 10,082
until further notice from the court and that a willful failure to 10,083
supply a correct mailing address or residence address or to 10,085
provide the agency with all changes in either address is contempt 10,087
of court. NOTICE THAT STATES THE FOLLOWING IN BOLDFACED TYPE AND 10,089
IN ALL CAPITAL LETTERS: 10,090
"EACH PARTY TO THIS SUPPORT ORDER MUST NOTIFY THE CHILD 10,093
SUPPORT ENFORCEMENT AGENCY IN WRITING OF HIS OR HER CURRENT 10,094
MAILING ADDRESS, CURRENT RESIDENCE ADDRESS, CURRENT RESIDENCE 10,095
TELEPHONE NUMBER, CURRENT DRIVER'S LICENSE NUMBER, AND OF ANY 10,096
CHANGES IN THAT INFORMATION. EACH PARTY MUST NOTIFY THE AGENCY 10,097
OF ALL CHANGES UNTIL FURTHER NOTICE FROM THE COURT. IF YOU ARE 10,098
THE OBLIGOR UNDER A CHILD SUPPORT ORDER AND YOU FAIL TO MAKE THE 10,099
REQUIRED NOTIFICATIONS YOU MAY BE FINED UP TO $50 FOR A FIRST 10,100
OFFENSE, $100 FOR A SECOND OFFENSE, AND $500 FOR EACH SUBSEQUENT 10,101
OFFENSE. IF YOU ARE AN OBLIGOR OR OBLIGEE UNDER ANY SUPPORT
ORDER AND YOU WILLFULLY FAIL TO MAKE THE REQUIRED NOTIFICATIONS 10,102
YOU MAY BE FOUND IN CONTEMPT OF COURT AND BE SUBJECTED TO FINES 10,104
UP TO $1,000 AND IMPRISONMENT FOR NOT MORE THAN 90 DAYS. 10,105
IF YOU ARE AN OBLIGOR AND YOU FAIL TO MAKE THE REQUIRED 10,107
NOTIFICATIONS YOU MAY NOT RECEIVE NOTICE OF THE FOLLOWING 10,108
ENFORCEMENT ACTIONS AGAINST YOU: IMPOSITION OF LIENS AGAINST 10,109
YOUR PROPERTY; LOSS OF YOUR PROFESSIONAL OR OCCUPATIONAL LICENSE, 10,111
DRIVER'S LICENSE, OR RECREATIONAL LICENSE; WITHHOLDING FROM YOUR 10,112
INCOME; ACCESS RESTRICTION AND DEDUCTION FROM YOUR ACCOUNTS IN
FINANCIAL INSTITUTIONS; AND ANY OTHER ACTION PERMITTED BY LAW TO 10,114
240
OBTAIN MONEY FROM YOU TO SATISFY YOUR SUPPORT OBLIGATION." 10,116
(4)(a) The parent who is the residential parent and legal 10,118
custodian of a child for whom a support order is issued or the 10,119
person who otherwise has custody of a child for whom a support 10,120
order is issued immediately shall notify, and the obligor under a 10,121
support order may notify, the child support enforcement agency of 10,122
any reason for which the support order should terminate, 10,123
including, but not limited to, THE CHILD'S ATTAINMENT OF THE AGE 10,124
OF MAJORITY IF THE CHILD NO LONGER ATTENDS AN ACCREDITED HIGH 10,125
SCHOOL ON A FULL-TIME BASIS AND THE SUPPORT ORDER DOES NOT 10,126
PROVIDE FOR THE DUTY OF SUPPORT TO CONTINUE PAST THE AGE OF 10,128
MAJORITY; the child ceasing to attend such a high school on a
full-time basis after attaining the age of majority, IF THE 10,130
SUPPORT ORDER DOES NOT PROVIDE FOR THE DUTY OF SUPPORT TO 10,131
CONTINUE PAST THE AGE OF MAJORITY; OR THE death, marriage, 10,133
emancipation, enlistment in the armed services, deportation, or 10,134
change of legal or physical custody of the child. A willful 10,135
failure to notify the child support enforcement agency as 10,136
required by this division is contempt of court. Upon receipt of 10,137
a notice pursuant to this division, the agency immediately shall 10,138
conduct an investigation to determine if any reason exists for 10,139
which the support order should terminate. THE AGENCY MAY CONDUCT 10,140
SUCH AN INVESTIGATION REGARDLESS OF WHETHER IT RECEIVED NOTICE 10,141
UNDER THIS DIVISION. If the agency so determines THE ORDER 10,142
SHOULD TERMINATE, it immediately shall notify the court that 10,143
issued the support order of the reason for which the support 10,144
order should terminate.
(b) Upon receipt of a notice given pursuant to division 10,146
(G)(4)(a) of this section, the court shall ORDER THE DIVISION OF 10,147
CHILD SUPPORT TO impound any funds received for the child 10,149
pursuant to the support order and THE COURT SHALL set the case 10,151
for a hearing for a determination of whether the support order 10,152
should be terminated or modified or whether the court should take 10,153
any other appropriate action.
241
(c) If the court terminates a support order pursuant to 10,155
divisions (G)(4)(a) and (b) of this section, the termination of 10,156
the support order also terminates any withholding or deduction 10,157
order as described in division (D) or (H) of this section that 10,158
was issued relative to the support order prior to December 31, 10,159
1993, and any withholding or deduction notice as described in 10,160
division (D) or court order as described in division (D)(6)(3), 10,162
(D)(7)(4), or (H) of this section that was issued relative to the 10,165
support order on or after December 31, 1993. Upon the 10,166
termination of any withholding or deduction order or any 10,167
withholding or deduction notice, the court immediately shall 10,168
notify the appropriate child support enforcement agency that the 10,169
order or notice has been terminated, and the agency immediately 10,170
shall notify each employer, PAYOR OR financial institution, or 10,172
other person or entity that was required to withhold or deduct a 10,173
sum of money for the payment of support under the terminated 10,174
withholding or deduction order or the terminated withholding or 10,175
deduction notice that the order or notice has been terminated and 10,176
that it is required to cease all withholding or deduction under 10,177
the order or notice. 10,178
(d) The department of human services shall adopt rules 10,180
that provide for both of the following: 10,181
(i) The return to the appropriate person of any funds that 10,183
a court has ORDERED impounded under division (G)(4)(b) of this 10,184
section if the support order under which the funds were paid has 10,186
been terminated pursuant to divisions (G)(4)(a) and (b) of this 10,187
section; 10,188
(ii) The return to the appropriate person of any other 10,190
payments made pursuant to a support order if the payments were 10,191
made at any time after the support order under which the funds 10,192
were paid has been terminated pursuant to divisions (G)(4)(a) and 10,193
(b) of this section. 10,194
(5) If any party to a support order requests a 10,196
modification of the order or if any obligee under a support order 10,197
242
or any person on behalf of the obligee files any action to 10,198
enforce a support order, the court shall notify the child support 10,199
enforcement agency that is administering the support order or 10,200
that will administer the order after the court's determination of 10,201
the request or the action, of the request or the filing. 10,202
(6) When a child support enforcement agency receives any 10,204
notice under division (G) of section 2151.23, section 2301.37, 10,205
division (E) of section 3105.18, division (C) of section 3105.21, 10,206
division (A) of section 3109.05, division (F) of section 3111.13, 10,207
division (B) of section 3113.04, section 3113.21, section 10,208
3113.211, section 3113.212, division (K) of section 3113.31, or 10,209
division (D)(C)(3) of section 3115.22 3115.31 of the Revised 10,211
Code, it shall issue the most appropriate notices under division 10,212
(D) of this section. Additionally, it shall do all of the 10,213
following:
(a) If the obligor is subject to a withholding notice 10,215
issued under division (D)(1) of this section and the notice 10,216
relates to the obligor's change of employment, send a withholding 10,217
notice under that division to the new employer of the obligor as 10,218
soon as the agency obtains knowledge of that employer; 10,219
(b) If the notification received by the agency specifies 10,221
that a lump-sum payment of five ONE hundred FIFTY dollars or more 10,223
is to be paid to the obligor, notify the court of the receipt of 10,224
the notice and its contents;. THE AGENCY MAY NOTIFY THE COURT IF 10,226
THE NOTIFICATION SPECIFIES THAT A LUMP-SUM PAYMENT OF LESS THAN 10,227
ONE HUNDRED FIFTY DOLLARS IS TO BE PAID TO THE OBLIGOR. 10,228
(c) Comply with section 3113.212 of the Revised Code, as 10,230
appropriate. 10,231
(H)(1)(a) For purposes of division (D)(1) of this section, 10,233
when a person who fails to comply with a support order that is 10,234
subject to that division derives income from self-employment or 10,235
commission, is employed by an employer not subject to the 10,236
jurisdiction of the court, or is in any other employment 10,237
situation that makes the application of that division 10,238
243
impracticable, the court may require the person to enter into a 10,239
cash bond to the court in a sum fixed by the court at not less 10,240
than five hundred nor more than ten thousand dollars, conditioned 10,241
that the person will make payment as previously ordered. 10,242
(b) When a court determines at a hearing conducted under 10,244
division (B) of this section, or a child support enforcement 10,245
agency determines at a hearing or pursuant to an investigation 10,246
conducted under division (B) of this section, that the obligor 10,247
under the order in relation to which the hearing or investigation 10,248
is conducted is unemployed and has no other source of income and 10,249
no assets so that the application of divisions (B) and (D) of 10,250
this section would be impracticable, the court shall issue an 10,251
order as described in division (D)(7)(4) of this section and 10,252
shall order the obligor to notify the child support enforcement 10,254
agency in writing immediately upon commencement of employment, 10,255
including self-employment, of the receipt of workers' 10,256
compensation payments, of the receipt of any other source of 10,257
income, or of the opening of an account in a financial 10,258
institution, and to include in the notification a description of 10,259
the nature of the employment OR INCOME SOURCE, the name and, 10,261
business address, AND TELEPHONE NUMBER of the employer OR INCOME 10,262
SOURCE, and any other information reasonably required by the 10,264
court.
(2) When a court determines, at a hearing conducted under 10,266
division (C)(2) of this section, that an obligor is unemployed, 10,267
is not receiving workers' compensation payments, does not have an 10,268
account in a financial institution, and has no other source of 10,269
income and no assets so that the application of divisions (C)(2) 10,270
and (D) of this section would be impracticable, the court shall 10,271
issue an order as described in division (D)(7)(4) of this section 10,273
and shall order the obligor to notify the child support 10,274
enforcement agency, in writing, immediately upon commencement of 10,276
employment, including self-employment, of the receipt of workers' 10,277
compensation payments, of the receipt of any other source of 10,278
244
income, or of the opening of an account in a financial
institution, and to include in the notification a description of 10,279
the nature of the employment OR INCOME SOURCE, the name and, 10,281
business address, AND TELEPHONE NUMBER of the employer OR INCOME 10,282
SOURCE or the name and, address, AND TELEPHONE NUMBER of the 10,283
financial institution, and any other information reasonably 10,284
required by the court. 10,285
(3)(a) Upon receipt of a notice from a child support 10,287
enforcement agency under division (G)(6) of this section that a 10,288
lump-sum payment of five hundred dollars or more is to be paid to 10,289
the obligor, the court shall do either of the following: 10,290
(i) If the obligor is in default under the support order 10,292
or has any unpaid arrearages under the support order, issue an 10,293
order requiring the transmittal of the lump-sum payment to the 10,294
DIVISION OF child support enforcement agency. 10,295
(ii) If the obligor is not in default under the support 10,297
order and does not have any unpaid arrearages under the support 10,298
order, issue an order directing the person who gave the notice to 10,299
the court to immediately pay the full amount of the lump-sum 10,300
payment to the obligor. 10,301
(b) Upon receipt of any moneys pursuant to division 10,303
(H)(3)(a) of this section, a THE DIVISION OF child support 10,304
enforcement agency shall pay the amount of the lump-sum payment 10,306
that is necessary to discharge all of the obligor's arrearages to 10,307
the obligee and, within two business days after its receipt of 10,308
the money, any amount that is remaining after the payment of the 10,309
arrearages to the obligor. 10,310
(c) Any court that issued an order prior to December 1, 10,312
1986, requiring an employer to withhold an amount from an 10,313
obligor's personal earnings for the payment of support shall 10,314
issue a supplemental order that does not change the original 10,315
order or the related support order requiring the employer to do 10,316
all of the following: 10,317
(i) No later than the earlier of forty-five days before a 10,319
245
lump-sum payment is to be made or, if the obligor's right to a 10,320
lump-sum payment is determined less than forty-five days before 10,321
it is to be made, the date on which that determination is made, 10,322
notify the child support enforcement agency of any lump-sum 10,323
payment of any kind of five ONE hundred FIFTY dollars or more 10,325
that is to be paid to the obligor; 10,326
(ii) Hold the lump-sum payment for thirty days after the 10,328
date on which it would otherwise be paid to the obligor, if the 10,329
lump-sum payment is sick pay, a lump-sum payment of retirement 10,330
benefits or contributions, or profit-sharing payments or 10,331
distributions; 10,332
(iii) Upon order of the court, pay any specified amount of 10,334
the lump-sum payment to the DIVISION OF child support enforcement 10,335
agency. 10,336
(d) If an employer knowingly fails to notify the child 10,338
support enforcement agency in accordance with division (D) of 10,339
this section of any lump-sum payment to be made to an obligor, 10,340
the employer is liable for any support payment not made to the 10,341
obligee as a result of its knowing failure to give the notice as 10,342
required by that division. 10,343
(I)(1) Any support order, or modification of a support 10,345
order, that is subject to this section shall contain the date of 10,346
birth and social security number of the obligor. 10,347
(2) No withholding or deduction notice described in 10,349
division (D) or court order described in division (D)(6)(3) or 10,350
(7)(4) of this section shall contain any information other than 10,352
the information specifically required by division (A), (B), (C), 10,353
or (D) of this section or by any other section of the Revised 10,354
Code and any additional information that the issuing court 10,355
determines may be necessary to comply with the notice. 10,356
(J) No withholding or deduction notice described in 10,358
division (D) or court order described in division (D)(6)(3) or 10,359
(7)(4) of this section and issued under division (A), (B), or (C) 10,361
of this section or any other section of the Revised Code shall be 10,362
246
terminated solely because the obligor pays any part or all of the 10,364
arrearages under the support order.
(K)(1) Except as provided in division (K)(2) of this 10,366
section and section 2301.42 of the Revised Code and the rules 10,367
adopted pursuant to division (C) of that section, if child 10,368
support arrearages are owed by an obligor to the obligee and to 10,369
the department of human services, any payments received on the 10,370
arrearages by the DIVISION OF child support enforcement agency 10,371
first shall be paid to the obligee until the arrearages owed to 10,372
the obligee are paid in full. 10,373
(2) Division (K)(1) of this section does not apply to the 10,375
collection of past-due child support from refunds of paid federal 10,376
taxes pursuant to section 5101.32 of the Revised Code or of 10,377
overdue child support from refunds of paid state income taxes 10,378
pursuant to sections 5101.321 and 5747.121 of the Revised Code. 10,379
(L)(1) Each court with jurisdiction to issue support 10,381
orders OR ORDERS ESTABLISHING THE EXISTENCE OR NONEXISTENCE OF A 10,382
PARENT AND CHILD RELATIONSHIP shall establish rules of court to 10,383
ensure that the following percentage of all actions to establish 10,384
THE EXISTENCE OR NONEXISTENCE OF A PARENT AND CHILD RELATIONSHIP, 10,385
TO ESTABLISH a support requirement, or to modify a previously 10,386
issued support order be completed within the following time 10,387
limits:
(a) Ninety SEVENTY-FIVE per cent of all of the actions 10,389
shall be completed within three SIX months after they were 10,390
initially filed; 10,391
(b) Ninety-eight NINETY per cent of all of the actions 10,393
shall be completed within six TWELVE months after they were 10,394
initially filed; 10,395
(c) One hundred per cent of all of the actions shall be 10,397
completed within twelve months after they were initially filed. 10,398
(2) If a case involves complex legal issues requiring full 10,400
judicial review, the court shall issue a temporary support order 10,401
within the time limits set forth in division (L)(1) of this 10,402
247
section, which temporary order shall be in effect until a final 10,403
support order is issued in the case. All cases in which the 10,404
imposition of a notice or order under division (D) of this 10,405
section is contested shall be completed within the period of time 10,406
specified by law for completion of the case. The failure of a 10,407
court to complete a case within the required period does not 10,408
affect the ability of any court to issue any order under this 10,409
section or any other section of the Revised Code for the payment 10,410
of support, does not provide any defense to any order for the 10,411
payment of support that is issued under this section or any other 10,412
section of the Revised Code, and does not affect any obligation 10,413
to pay support. 10,414
(3)(a) In any Title IV-D case, the judge, when necessary 10,416
to satisfy the federal requirement of expedited process for 10,417
obtaining and enforcing support orders, shall appoint referees 10,418
MAGISTRATES to make findings of fact and recommendations for the 10,420
judge's approval in the case. All referees MAGISTRATES appointed 10,421
pursuant to this division shall be attorneys admitted to the 10,423
practice of law in this state. If the court appoints a referee 10,424
MAGISTRATE pursuant to this division, the court may appoint any 10,426
additional administrative and support personnel for the referee 10,427
MAGISTRATE.
(b) Any referee MAGISTRATE appointed pursuant to division 10,429
(L)(3)(a) of this section may perform any of the following 10,431
functions:
(i) The taking of testimony and keeping of a record in the 10,433
case; 10,434
(ii) The evaluation of evidence and the issuance of 10,436
recommendations to establish, modify, and enforce support orders; 10,437
(iii) The acceptance of voluntary acknowledgments of 10,439
support liability and stipulated agreements setting the amount of 10,440
support to be paid; 10,441
(iv) The entering of default orders if the obligor does 10,443
not respond to notices in the case within a reasonable time after 10,444
248
the notices are issued; 10,445
(v) Any other functions considered necessary by the court. 10,447
(4) The child support enforcement agency may conduct 10,449
administrative reviews of support orders to obtain voluntary 10,450
notices or court orders under division (D) of this section and to 10,451
correct any errors in the amount of any arrearages owed by an 10,452
obligor. The obligor and the obligee shall be notified of the 10,453
time, date, and location of the administrative review at least 10,454
fourteen days before it is held. 10,455
(M)(1) The termination of a support obligation or a 10,457
support order does not abate the power of any court to collect 10,458
overdue and unpaid support or to punish any person for a failure 10,459
to comply with an order of the court or to pay any support as 10,460
ordered in the terminated support order and does not abate the 10,461
authority of a child support enforcement agency to issue, in 10,462
accordance with this section, any notice described in division 10,463
(D) of this section or of a court to issue, in accordance with 10,464
this section, any court order as described in division (D)(6)(3) 10,466
or (7)(4) of this section, to collect any support due or 10,467
arrearage under the support order. 10,469
(2) Any court that has the authority to issue a support 10,471
order shall have all powers necessary to enforce that support 10,472
order, and all other powers, set forth in this section. 10,473
(3) Except as provided in division (M)(4) of this section, 10,475
a court may not retroactively modify an obligor's duty to pay a 10,476
delinquent support payment. 10,477
(4) A court with jurisdiction over a support order may 10,479
modify an obligor's duty to pay a support payment that becomes 10,480
due after notice of a petition to modify the support order has 10,481
been given to each obligee and to the obligor before a final 10,482
order concerning the petition for modification is entered. 10,483
(N) If an obligor is in default under a support order and 10,485
has a claim against another person of more than one thousand 10,486
dollars, the obligor shall notify the child support enforcement 10,487
249
agency of the claim, the nature of the claim, and the name of the 10,488
person against whom the claim exists. If an obligor is in 10,489
default under a support order and has a claim against another 10,490
person or is a party in an action for any judgment, the child 10,491
support enforcement agency or the agency's attorney, on behalf of 10,492
the obligor, immediately shall file with the court in which the 10,493
action is pending a motion to intervene in the action or a 10,494
creditor's bill. The motion to intervene shall be prepared and 10,495
filed pursuant to Civil Rules 5 and 24(A) and (C). 10,496
Nothing in this division shall preclude an obligee from 10,498
filing a motion to intervene in any action or a creditor's bill. 10,499
(O) If an obligor is receiving unemployment compensation 10,501
benefits, an amount may be deducted from those benefits for 10,502
purposes of child support, in accordance with section 2301.371 10,503
and division (D)(4) of section 4141.28 of the Revised Code. Any 10,504
deduction from a source in accordance with those provisions is in 10,505
addition to, and does not preclude, any withholding or deduction 10,506
for purposes of support under divisions (A) to (N) of this 10,507
section. 10,508
(P) As used in this section, and in sections 3113.211 to 10,510
3113.217 of the Revised Code: 10,511
(1) "Financial institution" means a bank, savings and loan 10,513
association, or credit union, or a regulated investment company 10,514
or mutual fund in which a person who is required to pay child 10,515
support has funds on deposit that are not exempt under the law of 10,516
this state or the United States from execution, attachment, or 10,517
other legal process. 10,518
(2) "Title IV-D case" means any case in which the child 10,520
support enforcement agency is enforcing the child support order 10,521
pursuant to Title IV-D of the "Social Security Act," 88 Stat. 10,522
2351 (1975), 42 U.S.C. 651, as amended. 10,523
(3) "Obligor" means the person who is required to pay 10,525
support under a support order. 10,526
(4) "Obligee" means the person who is entitled to receive 10,528
250
the support payments under a support order. 10,529
(5) "Support order" means an order for the payment of 10,531
support and, for orders issued or modified on or after December 10,532
31, 1993, includes any notices described in division (D) or (H) 10,533
of this section that are issued in accordance with this section. 10,534
(6) "Support" means child support, spousal support, and 10,536
support for a spouse or former spouse. 10,537
(7) "Personal earnings" means compensation paid or payable 10,539
for personal services, however denominated, and includes, but is 10,540
not limited to, wages, salary, commissions, bonuses, draws 10,541
against commissions, profit sharing, and vacation pay. 10,542
(8) "Default" has the same meaning as in section 2301.34 10,544
of the Revised Code. 10,545
(9) "PAYOR" MEANS ANY PERSON OR ENTITY THAT PAYS OR 10,548
DISTRIBUTES INCOME TO AN OBLIGOR, INCLUDING THE OBLIGOR, IF THE 10,549
OBLIGOR IS SELF EMPLOYED; AN EMPLOYER; AN EMPLOYER THAT IS PAYING 10,550
THE OBLIGOR'S WORKERS' COMPENSATION BENEFITS; THE PUBLIC 10,551
EMPLOYEES RETIREMENT BOARD; THE BOARD OF TRUSTEES, OR OTHER 10,552
GOVERNING ENTITY OF A MUNICIPAL RETIREMENT SYSTEM; THE BOARD OF 10,553
TRUSTEES OF THE POLICE AND FIREMEN'S DISABILITY AND PENSION FUND; 10,554
THE STATE TEACHERS RETIREMENT BOARD; THE SCHOOL EMPLOYEES 10,555
RETIREMENT BOARD; THE STATE HIGHWAY PATROL RETIREMENT BOARD; THE 10,556
BUREAU OF WORKERS' COMPENSATION; OR ANY OTHER PERSON OR ENTITY, 10,558
EXCEPT THE BUREAU OF EMPLOYMENT SERVICES WITH RESPECT TO 10,559
UNEMPLOYMENT COMPENSATION BENEFITS PAID PURSUANT TO CHAPTER 4141. 10,560
OF THE REVISED CODE.
(Q) AS USED IN THIS SECTION, "INCOME" MEANS ANY FORM OF 10,563
MONETARY PAYMENT, INCLUDING PERSONAL EARNINGS; WORKERS' 10,564
COMPENSATION PAYMENTS; UNEMPLOYMENT COMPENSATION BENEFITS TO THE 10,566
EXTENT PERMITTED BY, AND IN ACCORDANCE WITH, SECTION 2301.371 OF 10,567
THE REVISED CODE, DIVISION (D)(4) OF SECTION 4141.28 OF THE 10,569
REVISED CODE, AND FEDERAL LAW GOVERNING THE BUREAU OF EMPLOYMENT 10,570
SERVICES; PENSIONS; ANNUITIES; ALLOWANCES; PRIVATE OR 10,572
GOVERNMENTAL RETIREMENT BENEFITS; DISABILITY OR SICK PAY; 10,573
251
INSURANCE PROCEEDS; LOTTERY PRIZE AWARDS; FEDERAL, STATE, OR 10,574
LOCAL GOVERNMENT BENEFITS TO THE EXTENT THAT THE BENEFITS CAN BE 10,575
WITHHELD OR DEDUCTED UNDER THE LAW GOVERNING THE BENEFITS; ANY 10,576
FORM OF TRUST FUND OR ENDOWMENT; LUMP-SUM PAYMENTS; AND ANY OTHER 10,577
PAYMENT IN MONEY. 10,578
Sec. 3113.211. (A)(1) For purposes of this section, a 10,587
withholding or deduction order that was issued prior to December 10,588
31, 1993, under division (D)(1), (2), (3), (4), or (5) of section 10,589
3113.21 of the Revised Code as the division existed prior to that 10,590
date and that has not been terminated on or after December 31, 10,591
1993, shall be considered to be a withholding or deduction notice 10,592
issued under division (D)(1), OR (2), (3), (4), or (5) of section 10,594
3113.21 of the Revised Code. 10,595
(2) An employer A PAYOR ordered to withhold a specified 10,597
amount from the personal earnings INCOME of an employee under a 10,598
withholding notice issued under division (A), (B), (C), or (D)(1) 10,600
of section 3113.21 of the Revised Code for purposes of support 10,601
also may deduct from the personal earnings INCOME of the person, 10,602
in addition to the amount withheld for purposes of support, a fee 10,604
of two dollars or an amount not to exceed one per cent of the 10,605
amount withheld for purposes of support, whichever is greater, as 10,606
a charge for its services in complying with the withholding 10,607
requirement included in the withholding notice. An employer that 10,608
is paying a person's workers' compensation benefits and that is 10,609
required to withhold a specified amount from a person's workers' 10,610
compensation benefits under a withholding notice issued under 10,611
division (D)(2) of section 3113.21 of the Revised Code for 10,612
purposes of support also may deduct from the workers' 10,613
compensation benefits, in addition to the amount withheld for 10,614
purposes of support, a fee of two dollars or an amount not to 10,615
exceed one per cent of the amount withheld for purposes of 10,616
support, whichever is greater, as a charge for its services in 10,617
complying with the withholding requirement included in the 10,618
withholding notice. A financial institution required to deduct 10,619
252
funds from an account under a deduction notice issued under 10,620
division (D)(5)(2) of section 3113.21 of the Revised Code for 10,622
purposes of support may deduct from the account of the person, in 10,623
addition to the amount deducted for purposes of support, a fee of 10,624
five dollars or an amount not to exceed the lowest rate that it 10,625
charges, if any, for a debit transaction in a similar account, 10,626
whichever is less, as a charge for its service in complying with 10,627
the deduction requirement included in the deduction notice. The 10,628
public employees retirement board, the board, board of trustees, 10,629
or other governing entity of any municipal retirement system, the 10,630
board of trustees of the police and firemen's disability and 10,631
pension fund, the state teachers retirement board, the school 10,632
employees retirement board, the state highway patrol retirement 10,633
board, and a person paying or otherwise distributing an obligor's 10,634
income required to withhold or deduct a specified amount from an 10,635
obligor's pension, annuity, allowance, other benefit, or other 10,636
source of income under a withholding or deduction notice issued 10,637
under division (D)(3) or (4) of section 3113.21 of the Revised 10,638
Code for purposes of support also may deduct from the obligor's 10,639
pension, annuity, allowance, other benefit, or other source of 10,640
income, a fee of two dollars or an amount not to exceed one per 10,641
cent of the amount withheld or deducted, whichever is less, as a 10,642
charge for its services in complying with the withholding or 10,643
deduction requirement included in the withholding or deduction 10,644
notice. 10,645
The entire amount withheld or deducted pursuant to a 10,647
withholding or deduction notice issued under division (D) of 10,648
section 3113.21 of the Revised Code for purposes of support shall 10,649
be forwarded to the DIVISION OF child support enforcement agency 10,650
of the county in which that court is located IN THE DEPARTMENT OF 10,652
HUMAN SERVICES immediately, but not later than ten SEVEN working 10,654
days after, the withholding or deduction, as directed in the 10,656
withholding or deduction notice.
(B) If an employer, a PAYOR OR financial institution, an 10,658
253
employer that is paying an obligor's workers' compensation 10,660
benefits, the public employees retirement board, the board, board 10,661
of trustees, or other governing entity of any municipal 10,662
retirement system, the board of trustees of the police and 10,663
firemen's disability and pension fund, the state teachers 10,664
retirement board, the school employees retirement board, the 10,665
state highway patrol retirement board, the person paying or 10,666
otherwise distributing an obligor's income, or the bureau of 10,667
workers' compensation is required to withhold or deduct a 10,668
specified amount from the personal earnings, payments, pensions, 10,669
annuities, allowances, benefits, other sources of income, or 10,670
savings of more than one obligor under a withholding or deduction 10,671
notice issued under division (D) of section 3113.21 of the 10,672
Revised Code and is required to forward the amounts withheld or 10,673
deducted to the same DIVISION OF child support enforcement 10,675
agency, the employer, the public employees retirement board, the 10,676
board, board of trustees, or other governing entity of any 10,677
municipal retirement system, the board of trustees of the police 10,678
and firemen's disability and pension fund, the state teachers 10,679
retirement board, the school employees retirement board, the 10,680
state highway patrol retirement board, the person paying or
otherwise distributing an obligor's income, PAYOR OR the 10,681
financial institution, the employer that is paying an obligor's 10,682
workers' compensation benefits, or the bureau of workers' 10,683
compensation may combine all of the amounts to be forwarded in 10,684
one payment, provided the payment is accompanied by a list that 10,685
clearly identifies each obligor who is covered by the payment and 10,686
the portion of the payment that is attributable to that obligor. 10,687
(C) Upon receipt of any amount forwarded from an employer, 10,689
a PAYOR OR financial institution, an employer that is paying a 10,690
person's workers' compensation benefits, the public employees 10,692
retirement board, the board, board of trustees, or other 10,693
governing entity of any municipal retirement system, the board of 10,694
trustees of the police and firemen's disability and pension fund, 10,695
254
the state teachers retirement board, the school employees 10,696
retirement board, the state highway patrol retirement board, the 10,697
person paying or otherwise distributing an obligor's income, or 10,698
the bureau of workers' compensation under this section, a clerk 10,699
of court or THE DIVISION OF child support enforcement agency 10,700
shall distribute the amount to the obligee within two business 10,702
days of its receipt of the amount forwarded. The department of 10,703
human services may adopt, revise, or amend rules under Chapter 10,704
119. of the Revised Code to assist the clerk of court or child 10,705
support enforcement agency in the implementation of this 10,706
division.
(D) A PAYOR OR FINANCIAL INSTITUTION SHALL NOT BE SUBJECT 10,708
TO CRIMINAL OR CIVIL LIABILITY FOR COMPLIANCE, IN ACCORDANCE WITH 10,709
THIS SECTION, WITH A WITHHOLDING OR DEDUCTION NOTICE ISSUED 10,710
PURSUANT TO DIVISION (D) OF SECTION 3113.21 OF THE REVISED CODE. 10,711
Sec. 3113.212. (A) When a court has issued a support 10,720
order, when the court or a child support enforcement agency has 10,721
issued one or more notices containing one or more of the 10,722
requirements described in division (D) of section 3113.21 of the 10,723
Revised Code or when a court has issued one or more court orders 10,724
described in division (D)(6)(3) or (7)(4) of that section, and 10,726
when either the child support enforcement agency receives a 10,727
notification as described in division (D), (G), or (H) of section 10,728
3113.21 of the Revised Code that pertains to a change in the 10,729
employment status, status of the workers' compensation payments, 10,730
status of the pension, annuity, allowance, benefit, or other 10,731
source of income, or status of accounts in a financial 10,732
institution of the obligor or the child support enforcement 10,733
agency otherwise determines that the employment status, status of 10,734
the workers' compensation payments, status of the pension, 10,735
annuity, allowance, benefit, or other source of income, or status 10,736
of accounts in a financial institution of the obligor has 10,737
changed, the child support enforcement agency immediately shall 10,738
conduct an investigation to determine the obligor's present 10,739
255
employment status, his employer's address, whether he has any 10,740
other source of income or assets, and the obligor's address and 10,741
social security number and shall issue one or more notices 10,742
described in division (D) of section 3113.21 of the Revised Code 10,743
that it determines are appropriate. If the agency determines 10,744
that no notice of the type described in division (D)(1) to (5) OR 10,746
(2) of that section would be appropriate, the agency may request 10,747
the court to issue a court order under division (D)(6)(3) or 10,749
(7)(4) of that section, and, upon the request, the court may 10,750
issue an order as described in that division. The notices and 10,751
court orders are final and are enforceable by the court. The 10,752
notices shall be mailed within fifteen days after the obligor 10,753
under the support order is located or within fifteen days after 10,754
the default under the support order, whichever is applicable. 10,755
If the court or child support enforcement agency previously 10,757
has issued one or more notices containing one or more of the 10,758
requirements described in division (D) of section 3113.21 of the 10,759
Revised Code or the court previously has issued one or more court 10,760
orders described in division (D)(6)(3) or (7)(4) of that section 10,762
and the child support enforcement agency determines that any of 10,763
the requirements or court orders no longer are appropriate due to 10,764
the change, the agency immediately shall cancel any previously 10,765
issued notice, and the court shall cancel any previously issued 10,766
court order that no longer is appropriate, the agency shall send 10,767
written notice of the cancellation by regular mail to the person 10,768
who was required to comply with the withholding, deduction, or 10,769
other requirement contained in the canceled notice or court 10,770
order, and the agency shall issue one or more new notices 10,771
containing one or more requirements described in division (D) of 10,772
section 3113.21 of the Revised Code that it determines are 10,773
appropriate. If the agency determines that no notice of the type 10,774
described in division (D)(1) to (5) OR (2) of that section would 10,776
be appropriate, the agency may request the court to issue a court 10,777
order under division (D)(6)(3) or (7)(4) of that section, and, 10,779
256
upon the request, the court may issue an order as described in 10,780
that division. The notices and court orders are final and are 10,781
enforceable by the court. The notices shall be mailed within 10,782
fifteen days after the obligor under the support order is located 10,783
or within fifteen days after the default under the support order, 10,784
whichever is applicable. 10,785
(B) When a court or child support enforcement agency has 10,787
issued one or more notices containing one or more of the 10,788
requirements described in division (D)(2), (3), (4), or (5) of 10,789
section 3113.21 of the Revised Code REQUIRING WITHHOLDING BY A 10,790
PAYOR THAT IS NOT AN EMPLOYER OR REQUIRING DEDUCTION BY A 10,791
FINANCIAL INSTITUTION or a court has issued one or more court 10,793
orders described in division (D)(6)(3) or (7)(4) of that section 10,795
and the agency is informed that the obligor has commenced
employment, the agency shall issue a notice requiring the 10,796
withholding of an amount from the person's personal earnings for 10,797
support, in accordance with division (D)(1) of section 3113.21 of 10,798
the Revised Code. The notice is final and is enforceable by the 10,799
court. Additionally, if the court or agency determines that 10,800
payments due under the support order have not been made and that 10,801
the amount that has not been paid is at least equal to the 10,802
support owed for one month under the support order, the court 10,803
shall proceed to collect on any cash bond AND SHALL ORDER IT PAID 10,804
TO THE DIVISION OF CHILD SUPPORT IN THE DEPARTMENT OF HUMAN 10,805
SERVICES.
(C) If a child support enforcement agency sends a notice 10,807
imposing a withholding or deduction requirement or a court sends 10,808
a court order imposing any other appropriate requirement to a 10,809
person under division (A) or (B) of this section, the notice or 10,810
court order, for purposes of sections 3113.21 to 3113.219 of the 10,811
Revised Code, also shall be considered to have been issued under 10,812
division (D) of section 3113.21 of the Revised Code. The notice 10,813
or court order is final and is enforceable by the court. 10,814
(D) If a child support enforcement agency sends a notice 10,816
257
imposing a withholding or deduction requirement or any other 10,817
appropriate requirement to a person under division (A) or (B) of 10,818
this section or under section 3113.21 of the Revised Code and if 10,819
the employer, the PAYOR OR financial institution, the employer 10,821
that is paying the obligor's workers' compensation benefits, the 10,822
public employees retirement board, the board, board of trustees, 10,823
or other governing entity of the municipal retirement system, the 10,824
board of trustees of the police and firemen's disability and 10,825
pension fund, the state teachers retirement board, the school 10,826
employees retirement board, the state highway patrol retirement 10,827
board, the person paying or otherwise distributing an obligor's 10,828
income, or the bureau of workers' compensation that is sent the 10,829
withholding, deduction, or other appropriate notice fails to 10,830
comply with the notice, the child support enforcement agency 10,831
shall request the court to issue a court order requiring the 10,832
employer, the PAYOR OR financial institution, the employer that 10,834
is paying the obligor's workers' compensation benefits, the 10,835
public employees retirement board, the board, board of trustees, 10,836
or other governing entity of the municipal retirement system, the 10,837
board of trustees of the police and firemen's disability and 10,838
pension fund, the state teachers retirement board, the school 10,839
employees retirement board, the state highway patrol retirement 10,840
board, the person paying or otherwise distributing an obligor's 10,841
income, or the bureau of workers' compensation to comply with the 10,842
withholding, deduction, or other appropriate notice sent by the 10,843
agency immediately or be held in contempt of court. If the court 10,844
issues the requested order and if the employer, the PAYOR OR 10,845
financial institution, the employer that is paying the obligor's 10,847
workers' compensation benefits, the public employees retirement 10,848
board, the board, board of trustees, or other governing entity of 10,849
the municipal retirement system, the board of trustees of the 10,850
police and firemen's disability and pension fund, the state 10,851
teachers retirement board, the school employees retirement board, 10,852
the state highway patrol retirement board, the person paying or 10,853
258
otherwise distributing an obligor's income, or the bureau of 10,854
workers' compensation does not comply with the withholding, 10,855
deduction, or other appropriate order of the agency that is the 10,856
subject of the court order immediately, it is in contempt of 10,857
court. 10,858
Sec. 3113.213. (A)(1) For purposes of this section, a 10,867
withholding or deduction order that was issued prior to December 10,868
31, 1993, under division (D)(1), (2), (4), or (5) of section 10,869
3113.21 of the Revised Code as the division existed prior to that 10,870
date and that has not been terminated on or after December 31, 10,871
1993, shall be considered to be a withholding or deduction notice 10,872
issued under division (D)(1), OR (2), (4), or (5) of section 10,874
3113.21 of the Revised Code. 10,875
(2) The failure of any person to send any notification 10,877
required by division (D) or (H) of section 3113.21 of the Revised 10,878
Code shall be considered as contempt of court. 10,879
(B) An employer A PAYOR that fails to withhold an amount 10,881
from an obligor's personal earnings INCOME for support in 10,883
accordance with a withholding requirement included in a 10,885
withholding notice issued under division (D)(1) of section 10,886
3113.21 of the Revised Code, an employer that is paying an 10,887
obligor's workers' compensation benefits and that fails to 10,888
withhold the obligor's workers' compensation benefits for support 10,889
in accordance with a withholding requirement included in a 10,890
withholding notice issued under division (D)(2) of section 10,891
3113.21 of the Revised Code, OR a financial institution that 10,892
fails to deduct funds from an obligor's account for support in 10,893
accordance with a deduction requirement included in a deduction 10,894
notice issued under division (D)(5)(2) of section 3113.21 of the 10,895
Revised Code, or any other person that fails to withhold or 10,897
deduct an amount from the income of an obligor in accordance with 10,898
a withholding or deduction requirement included in a withholding 10,899
or deduction notice issued under division (D)(4) of section 10,900
3113.21 of the Revised Code is liable for the amount that was not 10,901
259
withheld or deducted, provided that no PAYOR THAT IS AN employer 10,902
whose normal pay and disbursement cycles make it impossible to 10,904
comply with a withholding requirement contained in a withholding 10,905
notice issued under division (D)(1) of section 3113.21 of the 10,906
Revised Code shall be liable for the amount not withheld if the 10,907
employer, as soon as possible after the employer's receipt of the 10,908
withholding notice, provides the court or child support 10,909
enforcement agency that issued the notice with written notice of 10,910
the impossibility and the reasons for the impossibility. An 10,911
employer who is liable under this provision for an amount that 10,912
was not withheld shall be ordered by the court to pay that amount 10,913
to the clerk of the court or the DIVISION OF child support 10,914
enforcement agency IN THE DEPARTMENT OF HUMAN SERVICES, to be 10,915
disbursed in accordance with the support order for the benefit of 10,917
the child or spouse.
(C) The court may fine an employer A PAYOR not more than 10,919
two hundred dollars for failure to withhold personal earnings 10,920
INCOME or to notify the court or child support enforcement agency 10,922
that an obligor has terminated employment, has been laid off, has 10,923
taken a leave of absence without pay, has entered into another A 10,924
situation in which HAS OCCURRED CAUSING the employer has ceased 10,925
PAYOR to pay personal earnings CEASE PAYING INCOME in an amount 10,927
sufficient to comply with the order to the obligor, or, IN CASES 10,928
IN WHICH THE OBLIGOR IS AN EMPLOYER, THE OBLIGOR is receiving or 10,929
is eligible to receive a benefit of employment other than 10,930
personal earnings, as required by a withholding notice issued 10,931
under division (D)(1) of section 3113.21 of the Revised Code. 10,932
The court may fine an employer that is paying an obligor's
workers' compensation benefits not more than two hundred dollars 10,933
for failure to withhold an obligor's workers' compensation 10,934
benefits or to notify the court or child support enforcement 10,935
agency of any termination in the payment of the obligor's 10,936
workers' compensation benefits, as required by a withholding 10,937
notice issued under division (D)(2) of section 3113.21 of the 10,938
260
Revised Code. The court may fine a person who is paying or 10,939
otherwise distributing the income of an obligor not more than two 10,940
hundred dollars for failure to withhold or deduct an amount from 10,941
the income of the obligor or to notify the court or child support 10,942
enforcement agency of the termination of that income, as required 10,943
by a withholding or deduction notice issued under division (D)(4) 10,944
of section 3113.21 of the Revised Code. The court may fine a 10,945
financial institution not more than two hundred dollars for 10,946
failure to deduct funds from an account or to notify the court or 10,947
child support enforcement agency of the termination of an account 10,948
from which funds are being deducted or the opening of a new 10,949
account, as required by a deduction notice issued under division 10,950
(D)(5)(2) of section 3113.21 of the Revised Code. 10,951
(D) No PAYOR THAT IS AN employer may use a requirement to 10,953
withhold personal earnings contained in a withholding notice 10,955
issued under division (D)(1) of section 3113.21 of the Revised 10,956
Code, as a basis for a discharge of, or for any disciplinary 10,957
action against, an employee, or as a basis for a refusal to 10,958
employ a person. The court may fine an employer who so 10,959
discharges or takes disciplinary action against an employee, or 10,960
refuses to employ a person, not more than five hundred dollars. 10,961
Sec. 3113.214. (A) FOR THE PURPOSES OF THIS SECTION, 10,963
"ACCESS RESTRICTION" MEANS THAT FUNDS MAY NOT BE WITHDRAWN OR 10,964
TRANSFERRED.
(B) IF, AS A RESULT OF INFORMATION OBTAINED PURSUANT TO AN 10,967
AGREEMENT UNDER SECTION 5101.315 OF THE REVISED CODE, THE 10,969
DIVISION OF CHILD SUPPORT IN THE DEPARTMENT OF HUMAN SERVICES 10,970
FINDS OR RECEIVES NOTICE THAT IDENTIFIES AN OBLIGOR IN DEFAULT 10,971
WHO MAINTAINS AN ACCOUNT WITH A FINANCIAL INSTITUTION, THE 10,972
DIVISION SHALL, WITHIN ONE BUSINESS DAY, ENTER THE INFORMATION 10,973
INTO THE CASE REGISTRY ESTABLISHED PURSUANT TO SECTION 5101.319 10,974
OF THE REVISED CODE. 10,976
(C) A FINANCIAL INSTITUTION THAT LEARNS, PURSUANT TO AN 10,978
AGREEMENT UNDER SECTION 5101.315 OF THE REVISED CODE, THAT AN 10,980
261
OBLIGOR IN DEFAULT MAINTAINS AN ACCOUNT WITH THE FINANCIAL 10,981
INSTITUTION SHALL PROMPTLY PLACE AN ACCESS RESTRICTION ON THE
ACCOUNT. THE ACCESS RESTRICTION SHALL REMAIN ON THE ACCOUNT 10,982
UNTIL THE FINANCIAL INSTITUTION COMPLIES WITH A WITHDRAWAL 10,983
DIRECTIVE UNDER DIVISION (F) OF THIS SECTION OR A COURT OR CHILD 10,984
SUPPORT ENFORCEMENT AGENCY ORDERS THE FINANCIAL INSTITUTION TO 10,986
REMOVE THE ACCESS RESTRICTION.
(D) THE CHILD SUPPORT ENFORCEMENT AGENCY SHALL, NO LATER 10,989
THAN FIVE BUSINESS DAYS AFTER INFORMATION IS ENTERED INTO THE 10,990
CASE REGISTRY PURSUANT TO DIVISION (B) OF THIS SECTION, 10,991
INVESTIGATE AND DETERMINE THE AMOUNT OF FUNDS IN THE ACCOUNT THAT 10,993
IS AVAILABLE TO SATISFY THE OBLIGOR'S ARREARAGES UNDER A SUPPORT
ORDER. THE FINANCIAL INSTITUTION SHALL COOPERATE WITH THE 10,994
AGENCY'S INVESTIGATION. 10,995
(E)(1) IF A CHILD SUPPORT ENFORCEMENT AGENCY THAT 10,998
COMPLETES AN INVESTIGATION DESCRIBED IN DIVISION (D) OF THIS 10,999
SECTION DOES NOT FIND THAT ANY PERSON OTHER THAN THE OBLIGOR HAS 11,000
AN OWNERSHIP INTEREST IN THE ACCOUNT, IT SHALL ISSUE A WITHDRAWAL 11,001
DIRECTIVE PURSUANT TO DIVISION (F) OF THIS SECTION. IF THE 11,002
AGENCY FINDS THAT A PERSON OTHER THAN AN OBLIGOR HAS AN OWNERSHIP 11,004
INTEREST IN THE ACCOUNT, THE AGENCY SHALL SEND WRITTEN NOTICE BY 11,005
FIRST-CLASS MAIL TO THAT PERSON AT AN ADDRESS FOR THAT PERSON 11,006
CONTAINED IN RECORDS OF THE FINANCIAL INSTITUTION, EXCEPT THAT IF 11,007
THE ADDRESS OF THAT PERSON IS NOT CONTAINED IN RECORDS OF THE 11,008
FINANCIAL INSTITUTION, THE AGENCY SHALL SEND THE NOTICE TO THAT 11,009
PERSON IN CARE OF ANOTHER PERSON WHOSE ADDRESS IS CONTAINED IN 11,010
RECORDS OF THE FINANCIAL INSTITUTION CONCERNING THE ACCOUNT. 11,011
(2) THE NOTICE SHALL CONTAIN BOTH OF THE FOLLOWING: 11,013
(a) A STATEMENT OF THE DATE THE NOTICE IS SENT, THAT 11,016
ANOTHER OF THE ACCOUNT HOLDERS IS AN OBLIGOR UNDER A SUPPORT
ORDER, THE NAME OF THE OBLIGOR, THAT THE SUPPORT ORDER IS IN 11,017
DEFAULT, THE AMOUNT OF THE ARREARAGE OWED BY THE OBLIGOR AS 11,018
DETERMINED BY THE COURT OR CHILD SUPPORT ENFORCEMENT AGENCY, THE 11,019
AMOUNT THAT WILL BE WITHDRAWN, THE TYPE OF ACCOUNT FROM WHICH THE 11,021
262
AMOUNT WILL BE WITHDRAWN, AND THE NAME OF THE FINANCIAL
INSTITUTION FROM WHICH THE AMOUNT WILL BE WITHDRAWN; 11,022
(b) A STATEMENT THAT THE PERSON MAY OBJECT TO THE 11,025
WITHDRAWAL BY FILING WITH THE AGENCY, NO LATER THAN TEN DAYS 11,026
AFTER THE DATE ON WHICH THE NOTICE IS SENT, A WRITTEN REQUEST FOR 11,028
AN ADMINISTRATIVE HEARING TO DETERMINE WHETHER ANY AMOUNT
CONTAINED IN THE ACCOUNT IS THE PROPERTY OF THE PERSON TO WHOM 11,029
THE NOTICE IS SENT AND SHOULD NOT BE SUBJECT TO THE WITHDRAWAL 11,030
DIRECTIVE. 11,031
(3) THE PERSON TO WHOM THE NOTICE IS SENT SHALL HAVE TEN 11,033
DAYS FROM THE DATE THE NOTICE IS SENT TO OBJECT TO THE WITHDRAWAL 11,034
BY FILING WITH THE AGENCY A WRITTEN REQUEST FOR AN ADMINISTRATIVE 11,036
HEARING TO DETERMINE WHETHER ANY AMOUNT CONTAINED IN THE ACCOUNT 11,037
IS THE PROPERTY OF THAT PERSON AND SHOULD NOT BE SUBJECT TO THE 11,038
WITHDRAWAL DIRECTIVE.
(a) IF THE PERSON REQUESTS IT, THE AGENCY SHALL CONDUCT AN 11,040
ADMINISTRATIVE HEARING NO LATER THAN TEN DAYS AFTER THE DATE THE 11,042
PERSON FILES THE REQUEST FOR THE HEARING. NO LATER THAN FIVE 11,043
DAYS BEFORE THE DATE THE HEARING IS TO BE CONDUCTED, THE AGENCY 11,044
SHALL SEND THE PERSON WRITTEN NOTICE OF THE DATE, TIME, PLACE, 11,045
AND PURPOSE OF THE HEARING. 11,046
AT THE HEARING, THE AGENCY SHALL DETERMINE WHETHER ANY 11,048
AMOUNT CONTAINED IN THE ACCOUNT IS THE PROPERTY OF THE PERSON WHO 11,050
FILED THE OBJECTION. THE PERSON MAY PRESENT TESTIMONY AND
EVIDENCE AT THE HEARING ONLY IN REGARD TO THE ISSUE OF WHETHER 11,051
HOW MUCH, IF ANY, OF THE AMOUNT CONTAINED IN THE ACCOUNT IS THE 11,052
PROPERTY OF THE PERSON AND SHOULD NOT BE SUBJECT TO WITHDRAWAL 11,053
DIRECTIVE. IF THE AGENCY DETERMINES THAT ANY AMOUNT CONTAINED IN 11,054
THE ACCOUNT IS THE PROPERTY OF THE PERSON, THE AGENCY SHALL 11,056
DETERMINE THAT AMOUNT. THE AGENCY SHALL SEND NOTICE OF ITS
DETERMINATION TO THE PERSON. 11,057
IF THE AGENCY DETERMINES THAT THE TOTAL AMOUNT IN THE 11,059
ACCOUNT IS THE PROPERTY OF THE PERSON, IT SHALL ORDER THE 11,060
FINANCIAL INSTITUTION TO RELEASE THE ACCESS RESTRICTION ON THE 11,061
263
ACCOUNT AND SHALL TAKE NO FURTHER ENFORCEMENT ACTION ON THE 11,062
ACCOUNT. IF THE AGENCY DETERMINES THAT SOME OF THE FUNDS IN THE 11,063
ACCOUNT ARE THE PROPERTY OF THE PERSON, IT SHALL ORDER THE 11,065
FINANCIAL INSTITUTION TO RELEASE THE ACCESS RESTRICTION ON THE 11,066
ACCOUNT IN THAT AMOUNT AND SHALL TAKE NO FURTHER ENFORCEMENT 11,067
ACTION ON THOSE FUNDS. THE AGENCY SHALL ISSUE A WITHDRAWAL 11,068
DIRECTIVE PURSUANT TO DIVISION (F) OF THIS SECTION FOR THE 11,070
REMAINING FUNDS UNLESS, NO LATER THAN TEN DAYS AFTER THE AGENCY 11,071
MAKES ITS DETERMINATION, THE PERSON FILES A WRITTEN MOTION WITH
THE COURT OF COMMON PLEAS OF THE COUNTY SERVED BY THE CHILD 11,072
SUPPORT ENFORCEMENT AGENCY FOR A HEARING TO DETERMINE WHETHER ANY 11,073
AMOUNT CONTAINED IN THE ACCOUNT IS THE PROPERTY OF THE PERSON. 11,074
IF THE PERSON FILES A TIMELY MOTION WITH THE COURT, THE COURT 11,076
SHALL HOLD A HEARING ON THE REQUEST NO LATER THAN TEN DAYS AFTER 11,077
THE REQUEST IS FILED. NO LATER THAN FIVE DAYS BEFORE THE DATE ON 11,078
WHICH THE HEARING IS TO BE HELD, THE COURT SHALL SEND THE PERSON 11,079
WRITTEN NOTICE BY ORDINARY MAIL OF THE DATE, TIME, PLACE, AND 11,080
PURPOSE OF THE HEARING. THE HEARING SHALL BE LIMITED TO A 11,081
DETERMINATION OF HOW MUCH, IF ANY OF THE AMOUNT CONTAINED IN THE 11,082
ACCOUNT IS THE PROPERTY OF THE PERSON. 11,083
IF THE COURT DETERMINES THAT ALL OF THE FUNDS IN THE 11,085
ACCOUNT ARE THE PROPERTY OF THE PERSON, IT SHALL ORDER THE 11,086
FINANCIAL INSTITUTION TO RELEASE THE ACCESS RESTRICTION ON THE 11,087
ACCOUNT AND TO TAKE NO FURTHER ENFORCEMENT ACTION ON THE ACCOUNT. 11,089
IF THE COURT DETERMINES THAT SOME OF THE FUNDS IN THE ACCOUNT ARE 11,090
THE PROPERTY OF THE PERSON, IT SHALL DETERMINE THAT AMOUNT, ORDER 11,091
THE FINANCIAL INSTITUTION TO RELEASE THE ACCESS RESTRICTION ON 11,092
THE ACCOUNT IN THAT AMOUNT, AND ORDER THE AGENCY TO TAKE NO 11,093
FURTHER ENFORCEMENT ACTION ON THOSE FUNDS. IF THE COURT 11,094
DETERMINES THAT ANY OF THE FUNDS IN THE ACCOUNT ARE NOT THE 11,095
PROPERTY OF THE PERSON, IT SHALL ISSUE A WITHDRAWAL DIRECTIVE 11,096
PURSUANT TO DIVISION (F) OF THIS SECTION. 11,097
(b) IF A PERSON TO WHOM A NOTICE IS SENT UNDER DIVISION 11,100
(E)(1) OF THIS SECTION FAILS TO FILE A TIMELY REQUEST FOR AN 11,101
264
ADMINISTRATIVE HEARING, THE AGENCY SHALL SEND A WITHDRAWAL 11,102
DIRECTIVE TO THE FINANCIAL INSTITUTION PURSUANT TO DIVISION (F) 11,104
OF THIS SECTION.
(F)(1) SUBJECT TO DIVISION (D) AND (E) OF THIS SECTION, AN 11,108
AGENCY THAT DETERMINES THAT AN OBLIGOR HAS FUNDS IN AN ACCOUNT IN
A FINANCIAL INSTITUTION, SHALL ISSUE A WITHDRAWAL DIRECTIVE TO 11,109
THE FINANCIAL INSTITUTION. THE DIRECTIVE SHALL REQUIRE THE 11,110
FINANCIAL INSTITUTION TO TRANSMIT FUNDS FROM THE ACCOUNT TO THE 11,111
DIVISION OF CHILD SUPPORT. 11,112
(2) THE WITHDRAWAL DIRECTIVE SHALL CONTAIN THE FOLLOWING 11,114
INFORMATION: 11,115
(a) THE NAME, ADDRESS, AND SOCIAL SECURITY NUMBER OR 11,118
TAXPAYER IDENTIFICATION NUMBER OF THE OBLIGOR;
(b) A STATEMENT THAT THE OBLIGOR HAS BEEN DETERMINED TO BE 11,121
IN DEFAULT UNDER A SUPPORT ORDER;
(c) THE AMOUNT OF THE ARREARAGE OWED BY THE OBLIGOR AS 11,124
DETERMINED BY THE COURT OR CHILD SUPPORT ENFORCEMENT AGENCY; 11,125
(d) THE AMOUNT OF FUNDS THAT ARE TO BE WITHDRAWN FROM THE 11,128
ACCOUNT AND THE TYPE OF ACCOUNT FROM WHICH THE FUNDS ARE TO BE 11,129
WITHDRAWN.
(3) ON RECEIPT OF A WITHDRAWAL DIRECTIVE, A FINANCIAL 11,131
INSTITUTION SHALL WITHDRAW THE AMOUNT SPECIFIED FROM THE ACCOUNT 11,133
DESCRIBED IN THE NOTICE AND PAY IT TO THE DIVISION OF CHILD 11,134
SUPPORT.
(G) A FINANCIAL INSTITUTION IS NOT SUBJECT TO CRIMINAL OR 11,137
CIVIL LIABILITY FOR IMPOSING AN ACCESS RESTRICTION ON AN ACCOUNT 11,138
OR COMPLYING WITH A WITHDRAWAL DIRECTIVE PURSUANT TO THIS SECTION 11,139
OR FOR ANY OTHER ACTION TAKEN IN GOOD FAITH PURSUANT TO THIS 11,140
SECTION.
Sec. 3113.215. (A) As used in this section: 11,149
(1) "Income" means either of the following: 11,151
(a) For a parent who is employed to full capacity, the 11,153
gross income of the parent; 11,154
(b) For a parent who is unemployed or underemployed, the 11,156
265
sum of the gross income of the parent, and any potential income 11,157
of the parent. 11,158
(2) "Gross income" means, except as excluded in this 11,160
division, the total of all earned and unearned income from all 11,161
sources during a calendar year, whether or not the income is 11,162
taxable, and includes, but is not limited to, income from 11,163
salaries, wages, overtime pay and bonuses to the extent described 11,164
in division (B)(5)(d) of this section, commissions, royalties, 11,165
tips, rents, dividends, severance pay, pensions, interest, trust 11,166
income, annuities, social security benefits, workers' 11,167
compensation benefits, unemployment insurance benefits, 11,168
disability insurance benefits, benefits received by and in the 11,169
possession of the veteran who is the beneficiary for any 11,170
service-connected disability under a program or law administered 11,171
by the United States department of veterans' affairs or veterans' 11,172
administration, spousal support actually received from a person 11,173
not a party to the support proceeding for which actual gross 11,174
income is being determined, and all other sources of income; 11,175
income of members of any branch of the United States armed 11,176
services or national guard, including, but not limited to,
amounts representing base pay, basic allowance for quarters, 11,177
basic allowance for subsistence, supplemental subsistence 11,178
allowance, cost of living adjustment, specialty pay, variable 11,179
housing allowance, and pay for training or other types of 11,180
required drills; self-generated income; and potential cash flow 11,181
from any source. 11,182
"Gross income" does not include any of the following: 11,184
(a) Benefits received from means-tested public assistance 11,187
programs, including, but not limited to, Ohio works first; 11,189
prevention, retention, and contingency; supplemental security 11,190
income; food stamps; or disability assistance; 11,191
(b) Benefits for any service-connected disability under a 11,194
program or law administered by the United States department of 11,195
veterans' affairs or veterans' administration that have not been 11,196
266
distributed to the veteran who is the beneficiary of the benefits 11,197
and that are in the possession of the United States department of 11,198
veterans' affairs or veterans' administration;
(c) Child support received for children who were not born 11,201
or adopted during the marriage at issue; 11,202
(d) Amounts paid for mandatory deductions from wages other 11,205
than taxes, social security, or retirement in lieu of social 11,206
security, including, but not limited to, union dues; 11,207
(e) Nonrecurring or unsustainable income or cash flow 11,210
items.
(3) "Self-generated income" means gross receipts received 11,212
by a parent from self-employment, proprietorship of a business, 11,213
joint ownership of a partnership or closely held corporation, and 11,214
rents minus ordinary and necessary expenses incurred by the 11,215
parent in generating the gross receipts. "Self-generated income" 11,216
includes expense reimbursements or in-kind payments received by a 11,217
parent from self-employment, the operation of a business, or 11,218
rents, including, but not limited to, company cars, free housing, 11,219
reimbursed meals, and other benefits, if the reimbursements are 11,220
significant and reduce personal living expenses. 11,221
(4)(a) "Ordinary and necessary expenses incurred in 11,223
generating gross receipts" means actual cash items expended by 11,224
the parent or the parent's business and includes depreciation 11,226
expenses of replacement business equipment as shown on the books 11,227
of a business entity. 11,228
(b) Except as specifically included in "ordinary and 11,230
necessary expenses incurred in generating gross receipts" by 11,231
division (A)(4)(a) of this section, "ordinary and necessary 11,232
expenses incurred in generating gross receipts" does not include 11,233
depreciation expenses and other noncash items that are allowed as 11,234
deductions on any federal tax return of the parent or the 11,235
parent's business. 11,236
(5) "Potential income" means both of the following for a 11,238
parent that the court, or a child support enforcement agency 11,239
267
pursuant to sections 3111.20, 3111.21 3111.211, and 3111.22 of 11,240
the Revised Code, determines is voluntarily unemployed or 11,242
voluntarily underemployed: 11,243
(a) Imputed income that the court or agency determines the 11,245
parent would have earned if fully employed as determined from the 11,246
parent's employment potential and probable earnings based on the 11,247
parent's recent work history, the parent's occupational 11,248
qualifications, and the prevailing job opportunities and salary 11,249
levels in the community in which the parent resides; 11,250
(b) Imputed income from any nonincome-producing assets of 11,252
a parent, as determined from the local passbook savings rate or 11,253
another appropriate rate as determined by the court or agency, 11,254
not to exceed the rate of interest specified in division (A) of 11,255
section 1343.03 of the Revised Code, if the income is 11,256
significant. 11,257
(6) "Child support order" means an order for the payment 11,259
of child support. 11,260
(7) "Combined gross income" means the combined gross 11,262
income of both parents. 11,263
(8) "Split parental rights and responsibilities" means a 11,265
situation in which there is more than one child who is the 11,266
subject of an allocation of parental rights and responsibilities 11,267
and each parent is the residential parent and legal custodian of 11,268
at least one of those children. 11,269
(9) "Schedule" means the basic child support schedule set 11,271
forth in division (D) of this section. 11,272
(10) "Worksheet" means the applicable worksheet that is 11,274
used to calculate a parent's child support obligation and that is 11,275
set forth in divisions (E) and (F) of this section. 11,276
(11) "Nonrecurring or unsustainable income or cash flow 11,278
item" means any income or cash flow item that the parent receives 11,279
in any year or for any number of years not to exceed three years 11,280
and that the parent does not expect to continue to receive on a 11,281
regular basis. "Nonrecurring or unsustainable income or cash 11,282
268
flow item" does not include a lottery prize award that is not 11,283
paid in a lump sum or any other item of income or cash flow that 11,284
the parent receives or expects to receive for each year for a 11,285
period of more than three years or that the parent receives and 11,286
invests or otherwise utilizes to produce income or cash flow for 11,287
a period of more than three years. 11,288
(12) "Extraordinary medical expenses" means any uninsured 11,290
medical expenses that are incurred for a child during a calendar 11,291
year and that exceed one hundred dollars for that child during 11,292
that calendar year. 11,293
(B)(1) In any action in which a child support order is 11,295
issued or modified under Chapter 3115. or section 2151.23, 11,296
2151.231, 2151.232, 2151.33, 2151.36, 2151.49, 3105.18, 3105.21, 11,297
3109.05, 3109.19, 3111.13, 3113.04, 3113.07, 3113.216, or 3113.31 11,299
of the Revised Code, in any other proceeding in which the court 11,300
determines the amount of child support that will be ordered to be 11,301
paid pursuant to a child support order, or when a child support 11,302
enforcement agency determines the amount of child support that 11,303
will be paid pursuant to an administrative child support order 11,304
issued pursuant to sections 3111.20, 3111.21 3111.211, and 11,305
3111.22 of the Revised Code, the court or agency shall calculate 11,307
the amount of the obligor's child support obligation in 11,308
accordance with the basic child support schedule in division (D) 11,309
of this section, the applicable worksheet in division (E) or (F) 11,310
of this section, and the other provisions of this section, shall 11,311
specify the support obligation as a monthly amount due, and shall 11,312
order the support obligation to be paid in periodic increments as 11,313
it determines to be in the best interest of the children. In 11,314
performing its duties under this section, the court or agency is 11,315
not required to accept any calculations in a worksheet prepared 11,316
by any party to the action or proceeding. In any action or 11,317
proceeding in which the court determines the amount of child 11,318
support that will be ordered to be paid pursuant to a child 11,319
support order or when a child support enforcement agency 11,320
269
determines the amount of child support that will be paid pursuant 11,321
to an administrative child support order issued pursuant to 11,322
sections 3111.20, 3111.21 3111.211, and 3111.22 of the Revised 11,323
Code, the amount of child support that would be payable under a
child support order, as calculated pursuant to the basic child 11,325
support schedule in division (D) of this section and pursuant to 11,326
the applicable worksheet in division (E) of this section, through 11,327
line 24, or in division (F) of this section, through line 23, is 11,328
rebuttably presumed to be the correct amount of child support 11,329
due, and the court or agency shall order that amount to be paid 11,330
as child support unless both of the following apply with respect 11,331
to an order issued by a court: 11,332
(a) The court, after considering the factors and criteria 11,334
set forth in division (B)(3) of this section, determines that the 11,335
amount calculated pursuant to the basic child support schedule 11,336
and pursuant to the applicable worksheet in division (E) of this 11,337
section, through line 24, or in division (F) of this section, 11,338
through line 23, would be unjust or inappropriate and would not 11,339
be in the best interest of the child. 11,340
(b) The court enters in the journal the amount of child 11,342
support calculated pursuant to the basic child support schedule 11,343
and pursuant to the applicable worksheet in division (E) of this 11,344
section, through line 24, or in division (F) of this section, 11,345
through line 23, its determination that that amount would be 11,346
unjust or inappropriate and would not be in the best interest of 11,347
the child, and findings of fact supporting that determination. 11,348
(2) In determining the amount of child support to be paid 11,350
under any child support order, the court, upon its own 11,351
recommendation or upon the recommendation of the child support 11,352
enforcement agency, shall or the child support enforcement 11,353
agency, pursuant to sections 3111.20, 3111.21 3111.211, and 11,354
3111.22 of the Revised Code, shall do all of the following: 11,356
(a) If the combined gross income of both parents is less 11,358
than six thousand six hundred dollars per year, the court or 11,359
270
agency shall determine the amount of the obligor's child support 11,360
obligation on a case-by-case basis using the schedule as a 11,361
guideline. The court or agency shall review the obligor's gross 11,362
income and living expenses to determine the maximum amount of 11,363
child support that it reasonably can order without denying the 11,364
obligor the means for self-support at a minimum subsistence level 11,365
and shall order a specific amount of child support, unless the 11,366
obligor proves to the court or agency that the obligor is totally 11,367
unable to pay child support and the court or agency determines 11,368
that it would be unjust or inappropriate to order the payment of 11,369
child support and enters its determination and supporting 11,370
findings of fact in the journal. 11,371
(b) If the combined gross income of both parents is 11,373
greater than one hundred fifty thousand dollars per year, the 11,374
court or agency shall determine the amount of the obligor's child 11,375
support obligation on a case-by-case basis and shall consider the 11,376
needs and the standard of living of the children who are the 11,377
subject of the child support order and of the parents. When the 11,378
court or agency determines the amount of the obligor's child 11,379
support obligation for parents with a combined gross income 11,380
greater than one hundred fifty thousand dollars, the court or 11,381
agency shall compute a basic combined child support obligation 11,382
that is no less than the same percentage of the parents' combined 11,383
annual income that would have been computed under the basic child 11,384
support schedule and under the applicable worksheet in division 11,385
(E) of this section, through line 24, or in division (F) of this 11,386
section, through line 23, for a combined gross income of one 11,387
hundred fifty thousand dollars, unless the court or agency 11,388
determines that it would be unjust or inappropriate and would not 11,389
be in the best interest of the child, obligor, or obligee to 11,390
order that amount and enters in the journal the figure, 11,391
determination, and findings. 11,392
(c) The court shall not order an amount of child support 11,394
that deviates from the amount of child support that would 11,395
271
otherwise result from the use of the basic child support schedule 11,396
and the applicable worksheet in division (E) of this section, 11,397
through line 24, or in division (F) of this section, through line 11,398
23, unless both of the following apply: 11,399
(i) The court, after considering the factors and criteria 11,401
set forth in division (B)(3) of this section, determines that the 11,402
amount calculated pursuant to the basic child support schedule 11,403
and pursuant to the applicable worksheet in division (E) of this 11,404
section, through line 24, or in division (F) of this section, 11,405
through line 23, would be unjust or inappropriate and would not 11,406
be in the best interest of the child; 11,407
(ii) The court enters in the journal the amount of child 11,409
support calculated pursuant to the basic child support schedule 11,410
and pursuant to the applicable worksheet in division (E) of this 11,411
section, through line 24, or in division (F) of this section, 11,412
through line 23, its determination that that amount would be 11,413
unjust or inappropriate and would not be in the best interest of 11,414
the child, and findings of fact supporting that determination. 11,415
(3) The court, in accordance with divisions (B)(1) and 11,417
(2)(c) of this section, may deviate from the amount of support 11,418
that otherwise would result from the use of the schedule and the 11,419
applicable worksheet in division (E) of this section, through 11,420
line 24, or in division (F) of this section, through line 23, in 11,421
cases in which the application of the schedule and the applicable 11,422
worksheet in division (E) of this section, through line 24, or in 11,423
division (F) of this section, through line 23, would be unjust or 11,424
inappropriate and would not be in the best interest of the child. 11,425
In determining whether that amount would be unjust or 11,426
inappropriate and would not be in the best interest of the child, 11,427
the court may consider any of the following factors and criteria: 11,428
(a) Special and unusual needs of the children; 11,430
(b) Extraordinary obligations for minor children or 11,432
obligations for handicapped children who are not stepchildren and 11,433
who are not offspring from the marriage or relationship that is 11,434
272
the basis of the immediate child support determination; 11,435
(c) Other court-ordered payments; 11,437
(d) Extended times of visitation or extraordinary costs 11,439
associated with visitation, provided that this division does not 11,440
authorize and shall not be construed as authorizing any deviation 11,441
from the schedule and the applicable worksheet in division (E) of 11,442
this section, through line 24, or in division (F) of this 11,443
section, through line 23, or any escrowing, impoundment, or 11,444
withholding of child support because of a denial of or 11,445
interference with a right of companionship or visitation granted 11,446
by court order; 11,447
(e) The obligor obtains additional employment after a 11,449
child support order is issued in order to support a second 11,450
family; 11,451
(f) The financial resources and the earning ability of the 11,453
child; 11,454
(g) Disparity in income between parties or households; 11,456
(h) Benefits that either parent receives from remarriage 11,458
or sharing living expenses with another person; 11,459
(i) The amount of federal, state, and local taxes actually 11,461
paid or estimated to be paid by a parent or both of the parents; 11,462
(j) Significant in-kind contributions from a parent, 11,464
including, but not limited to, direct payment for lessons, sports 11,465
equipment, schooling, or clothing; 11,466
(k) The relative financial resources, other assets and 11,468
resources, and needs of each parent; 11,469
(l) The standard of living and circumstances of each 11,471
parent and the standard of living the child would have enjoyed 11,472
had the marriage continued or had the parents been married; 11,473
(m) The physical and emotional condition and needs of the 11,475
child; 11,476
(n) The need and capacity of the child for an education 11,478
and the educational opportunities that would have been available 11,479
to the child had the circumstances requiring a court order for 11,480
273
support not arisen; 11,481
(o) The responsibility of each parent for the support of 11,483
others; 11,484
(p) Any other relevant factor. 11,486
The court may accept an agreement of the parents that 11,488
assigns a monetary value to any of the factors and criteria 11,489
listed in division (B)(3) of this section that are applicable to 11,490
their situation. 11,491
(4) If an obligor or obligee under a child support order 11,493
requests the court to modify the amount of support required to be 11,494
paid pursuant to the child support order, the court shall 11,495
recalculate the amount of support that would be required to be 11,496
paid under the support order in accordance with the schedule and 11,497
pursuant to the applicable worksheet in division (E) of this 11,498
section, through line 24, or in division (F) of this section, 11,499
through line 23, and if that amount as recalculated is more than 11,500
ten per cent greater than or more than ten per cent less than the 11,501
amount of child support that is required to be paid pursuant to 11,502
the existing child support order, the deviation from the 11,503
recalculated amount that would be required to be paid under the 11,504
schedule and the applicable worksheet in division (E) of this 11,505
section, through line 24, or in division (F) of this section, 11,506
through line 23, shall be considered by the court as a change of 11,507
circumstance that is substantial enough to require a modification 11,508
of the amount of the child support order. In determining 11,509
pursuant to this division the recalculated amount of support that 11,510
would be required to be paid under the support order for purposes 11,511
of determining whether that recalculated amount is more than ten 11,512
per cent greater than or more than ten per cent less than the 11,513
amount of child support that is required to be paid pursuant to 11,514
the existing child support order, the court shall consider, in 11,515
addition to all other factors required by law to be considered, 11,516
the cost of health insurance which the obligor, the obligee, or 11,517
both the obligor and the obligee have been ordered to obtain for 11,518
274
the children specified in the order. Additionally, if an obligor 11,519
or obligee under a child support order requests the court to 11,520
modify the amount of support required to be paid pursuant to the 11,521
child support order and if the court determines that the amount 11,522
of support does not adequately meet the medical needs of the 11,523
child, the inadequate coverage shall be considered by the court 11,524
as a change of circumstance that is substantial enough to require 11,525
a modification of the amount of the child support order. If the 11,526
court determines that the amount of child support required to be 11,527
paid under the child support order should be changed due to a 11,528
substantial change of circumstances that was not contemplated at 11,529
the time of the issuance of the original child support order or 11,530
the last modification of the child support order, the court shall 11,531
modify the amount of child support required to be paid under the 11,532
child support order to comply with the schedule and the 11,533
applicable worksheet in division (E) of this section, through 11,534
line 24, or in division (F) of this section, through line 23, 11,535
unless the court determines that the amount calculated pursuant 11,536
to the basic child support schedule and pursuant to the 11,537
applicable worksheet in division (E) of this section, through 11,538
line 24, or in division (F) of this section, through line 23, 11,539
would be unjust or inappropriate and would not be in the best 11,540
interest of the child and enters in the journal the figure, 11,541
determination, and findings specified in division (B)(2)(c) of 11,542
this section. 11,543
(5) When a court computes the amount of child support 11,545
required to be paid under a child support order or a child 11,546
support enforcement agency computes the amount of child support 11,547
to be paid pursuant to an administrative child support order 11,548
issued pursuant to section 3111.20, 3111.21 3111.211, or 3111.22 11,550
of the Revised Code, all of the following apply: 11,551
(a) The parents shall verify current and past income and 11,553
personal earnings with suitable documents, including, but not 11,554
limited to, paystubs, employer statements, receipts and expense 11,555
275
vouchers related to self-generated income, tax returns, and all 11,556
supporting documentation and schedules for the tax returns. 11,557
(b) The amount of any pre-existing child support 11,559
obligation of a parent under a child support order and the amount 11,560
of any court-ordered spousal support paid to a former spouse 11,561
shall be deducted from the gross income of that parent to the 11,562
extent that payment under the child support order or that payment 11,563
of the court-ordered spousal support is verified by supporting 11,564
documentation. 11,565
(c) If other minor children who were born to the parent 11,568
and a person other than the other parent who is involved in the 11,570
immediate child support determination live with the parent, the 11,571
court or agency shall deduct an amount from that parent's gross 11,572
income that equals the number of such minor children times the 11,573
federal income tax exemption for such children less child support 11,574
received for them for the year, not exceeding the federal income 11,575
tax exemption. 11,576
(d) When the court or agency calculates the gross income 11,578
of a parent, it shall include the lesser of the following as 11,579
income from overtime and bonuses: 11,580
(i) The yearly average of all overtime and bonuses 11,582
received during the three years immediately prior to the time 11,583
when the person's child support obligation is being computed; 11,584
(ii) The total overtime and bonuses received during the 11,586
year immediately prior to the time when the person's child 11,587
support obligation is being computed. 11,588
(e) When the court or agency calculates the gross income 11,590
of a parent, it shall not include any income earned by the spouse 11,591
of that parent. 11,592
(f) The court shall not order an amount of child support 11,595
for reasonable and ordinary uninsured medical or dental expenses 11,596
in addition to the amount of the child support obligation 11,597
determined in accordance with the schedule. The court shall 11,598
issue a separate order for extraordinary medical or dental 11,599
276
expenses, including, but not limited to, orthodontia,
psychological, appropriate private education, and other expenses, 11,600
and may consider the expenses in adjusting a child support order. 11,601
(g) When a court or agency calculates the amount of child 11,603
support to be paid pursuant to a child support order or an 11,604
administrative child support order, if the combined gross income 11,605
of both parents is an amount that is between two amounts set 11,606
forth in the first column of the schedule, the court or agency 11,607
may use the basic child support obligation that corresponds to 11,608
the higher of the two amounts in the first column of the 11,609
schedule, use the basic child support obligation that corresponds 11,610
to the lower of the two amounts in the first column of the 11,611
schedule, or calculate a basic child support obligation that is 11,612
between those two amounts and corresponds proportionally to the 11,613
parents' actual combined gross income. 11,614
(h) When the court or agency calculates gross income, the 11,616
court or agency, when appropriate, may average income over a 11,617
reasonable period of years. 11,618
(6)(a) If the court issues a shared parenting order in 11,620
accordance with section 3109.04 of the Revised Code, the court 11,621
shall order an amount of child support to be paid under the child 11,622
support order that is calculated in accordance with the schedule 11,623
and with the worksheet set forth in division (E) of this section, 11,624
through line 24, except that, if the application of the schedule 11,625
and the worksheet, through line 24, would be unjust or 11,626
inappropriate to the children or either parent and would not be 11,627
in the best interest of the child because of the extraordinary 11,628
circumstances of the parents or because of any other factors or 11,629
criteria set forth in division (B)(3) of this section, the court 11,630
may deviate from the amount of child support that would be 11,631
ordered in accordance with the schedule and worksheet, through 11,632
line 24, shall consider those extraordinary circumstances and 11,633
other factors or criteria if it deviates from that amount, and 11,634
shall enter in the journal the amount of child support calculated 11,635
277
pursuant to the basic child support schedule and pursuant to the 11,636
applicable worksheet, through line 24, its determination that 11,637
that amount would be unjust or inappropriate and would not be in 11,638
the best interest of the child, and findings of fact supporting 11,639
that determination. 11,640
(b) For the purposes of this division, "extraordinary 11,642
circumstances of the parents" includes, but is not limited to, 11,643
all of the following: 11,644
(i) The amount of time that the children spend with each 11,646
parent; 11,647
(ii) The ability of each parent to maintain adequate 11,649
housing for the children; 11,650
(iii) Each parent's expenses, including, but not limited 11,652
to, child care expenses, school tuition, medical expenses, and 11,653
dental expenses. 11,654
(7)(a) In any action in which a child support order is 11,656
issued or modified under Chapter 3115. or section 2151.23, 11,657
2151.231, 2151.232, 2151.33, 2151.36, 2151.49, 3105.18, 3105.21, 11,658
3109.05, 3109.19, 3111.13, 3113.04, or 3113.31 of the Revised 11,661
Code or in any other proceeding in which the court determines the 11,662
amount of child support that will be ordered to be paid pursuant 11,663
to a child support order and except as otherwise provided in this 11,664
division, the court shall issue a minimum support order requiring 11,665
the obligor to pay a minimum amount of fifty dollars a month for 11,666
child support under the child support order. The court, in its 11,667
discretion and in appropriate circumstances, may issue a minimum 11,668
support order requiring the obligor to pay an amount of child 11,669
support that is less than fifty dollars a month or not requiring 11,670
the obligor to pay an amount for support. The appropriate 11,671
circumstances for which a court may issue a minimum support order 11,672
requiring an obligor to pay an amount of child support that is 11,673
less than fifty dollars a month or not requiring the obligor to 11,674
pay an amount for support include, but are not limited to, the 11,675
nonresidential parent's medically verified or documented physical 11,676
278
or mental disability or institutionalization in a facility for 11,677
persons with a mental illness. If the court issues a minimum 11,678
support order pursuant to this division and the obligor under the 11,679
support order is the recipient of need-based public assistance, 11,680
any unpaid amounts of support due under the support order shall 11,681
accrue as arrearages from month to month, the obligor's current 11,682
obligation to pay the support due under the support order is 11,683
suspended during any period of time that the obligor is receiving 11,684
need-based public assistance and is complying with any seek work 11,685
orders issued pursuant to division (D)(7)(4) of section 3113.21 11,686
of the Revised Code, and the court, obligee, and child support 11,688
enforcement agency shall not enforce the obligation of the 11,689
obligor to pay the amount of support due under the support order 11,690
during any period of time that the obligor is receiving 11,691
need-based public assistance and is complying with any seek work 11,692
orders issued pursuant to division (D)(7)(4) of section 3113.21 11,693
of the Revised Code. 11,695
(b) Notwithstanding division (B)(7)(a) of this section, if 11,697
the amount of support payments that federal law requires or 11,698
permits to be disregarded in determining eligibility for aid 11,699
under Chapter 5107. of the Revised Code exceeds fifty dollars, 11,700
instead of fifty dollars the amount of a minimum support order 11,701
described in division (B)(7)(a) of this section shall be the 11,702
amount federal law requires or permits to be disregarded. 11,703
(C) Except when the parents have split parental rights and 11,705
responsibilities, a parent's child support obligation for a child 11,706
for whom the parent is the residential parent and legal custodian 11,707
shall be presumed to be spent on that child and shall not become 11,708
part of a child support order, and a parent's child support 11,709
obligation for a child for whom the parent is not the residential 11,710
parent and legal custodian shall become part of a child support 11,711
order. If the parents have split parental rights and 11,712
responsibilities, the child support obligations of the parents 11,713
shall be offset, and the court shall issue a child support order 11,714
279
requiring the parent with the larger child support obligation to 11,715
pay the net amount pursuant to the child support order. If 11,716
neither parent of a child who is the subject of a child support 11,717
order is the residential parent and legal custodian of the child 11,718
and the child resides with a third party who is the legal 11,719
custodian of the child, the court shall issue a child support 11,720
order requiring each parent to pay that parent's child support 11,722
obligation pursuant to the child support order. 11,723
Whenever a court issues a child support order, it shall 11,725
include in the order specific provisions for regular, holiday, 11,726
vacation, and special visitation in accordance with section 11,727
3109.05, 3109.11, or 3109.12 of the Revised Code or in accordance 11,728
with any other applicable section of the Revised Code. The court 11,729
shall not authorize or permit the escrowing, impoundment, or 11,730
withholding of any child support payment because of a denial of 11,731
or interference with a right of visitation included as a specific 11,732
provision of the child support order or as a method of enforcing 11,733
the specific provisions of the child support order dealing with 11,734
visitation. 11,735
(D) The following basic child support schedule shall be 11,737
used by all courts and child support enforcement agencies when 11,738
calculating the amount of child support that will be paid 11,739
pursuant to a child support order or an administrative child 11,740
support order, unless the combined gross income of the parents is 11,741
less than sixty-six hundred dollars or more than one hundred 11,742
fifty thousand dollars: 11,743
Basic Child Support Schedule 11,744
Combined 11,746
Gross Number of Children 11,748
Income One Two Three Four Five Six 11,751
6600 600 600 600 600 600 600 11,752
7200 600 600 600 600 600 600 11,753
7800 600 600 600 600 600 600 11,754
8400 600 600 600 600 600 600 11,755
280
9000 849 859 868 878 887 896 11,756
9600 1259 1273 1287 1301 1315 1329 11,757
10200 1669 1687 1706 1724 1743 1761 11,758
10800 2076 2099 2122 2145 2168 2192 11,759
11400 2331 2505 2533 2560 2588 2616 11,760
12000 2439 2911 2943 2975 3007 3039 11,761
12600 2546 3318 3354 3390 3427 3463 11,762
13200 2654 3724 3765 3806 3846 3887 11,763
13800 2761 4029 4175 4221 4266 4311 11,764
14400 2869 4186 4586 4636 4685 4735 11,765
15000 2976 4342 4996 5051 5105 5159 11,766
15600 3079 4491 5321 5466 5524 5583 11,767
16200 3179 4635 5490 5877 5940 6003 11,768
16800 3278 4780 5660 6254 6355 6423 11,769
17400 3378 4924 5830 6442 6771 6843 11,770
18000 3478 5069 5999 6629 7186 7262 11,771
18600 3578 5213 6169 6816 7389 7682 11,772
19200 3678 5358 6339 7004 7592 8102 11,773
19800 3778 5502 6508 7191 7796 8341 11,774
20400 3878 5647 6678 7378 7999 8558 11,775
21000 3977 5790 6847 7565 8201 8774 11,776
21600 4076 5933 7015 7750 8402 8989 11,777
22200 4176 6075 7182 7936 8602 9204 11,778
22800 4275 6216 7345 8116 8798 9413 11,779
23400 4373 6357 7509 8297 8994 9623 11,780
24000 4471 6498 7672 8478 9190 9832 11,781
24600 4570 6639 7836 8658 9386 10042 11,782
25200 4668 6780 8000 8839 9582 10251 11,783
25800 4767 6920 8163 9020 9778 10461 11,784
26400 4865 7061 8327 9200 9974 10670 11,785
27000 4963 7202 8490 9381 10170 10880 11,786
27600 5054 7332 8642 9548 10351 11074 11,787
28200 5135 7448 8776 9697 10512 11246 11,788
28800 5216 7564 8911 9845 10673 11418 11,789
281
29400 5297 7678 9045 9995 10833 11592 11,790
30000 5377 7792 9179 10143 10994 11764 11,791
30600 5456 7907 9313 10291 11154 11936 11,792
31200 5535 8022 9447 10439 11315 12107 11,793
31800 5615 8136 9581 10587 11476 12279 11,794
32400 5694 8251 9715 10736 11636 12451 11,795
33000 5774 8366 9849 10884 11797 12623 11,796
33600 5853 8480 9983 11032 11957 12794 11,797
34200 5933 8595 10117 11180 12118 12966 11,798
34800 6012 8709 10251 11328 12279 13138 11,799
35400 6091 8824 10385 11476 12439 13310 11,800
36000 6171 8939 10519 11624 12600 13482 11,801
36600 6250 9053 10653 11772 12761 13653 11,802
37200 6330 9168 10787 11920 12921 13825 11,803
37800 6406 9275 10913 12058 13071 13988 11,804
38400 6447 9335 10984 12137 13156 14079 11,805
39000 6489 9395 11055 12215 13242 14170 11,806
39600 6530 9455 11126 12294 13328 14261 11,807
40200 6571 9515 11197 12373 13413 14353 11,808
40800 6613 9575 11268 12451 13499 14444 11,809
41400 6653 9634 11338 12529 13583 14534 11,810
42000 6694 9693 11409 12607 13667 14624 11,811
42600 6735 9752 11479 12684 13752 14714 11,812
43200 6776 9811 11549 12762 13836 14804 11,813
43800 6817 9871 11619 12840 13921 14894 11,814
44400 6857 9930 11690 12917 14005 14985 11,815
45000 6898 9989 11760 12995 14090 15075 11,816
45600 6939 10049 11830 13073 14174 15165 11,817
46200 6978 10103 11897 13146 14251 15250 11,818
46800 7013 10150 11949 13203 14313 15316 11,819
47400 7048 10197 12000 13260 14375 15382 11,820
48000 7083 10245 12052 13317 14437 15448 11,821
48600 7117 10292 12103 13374 14498 15514 11,822
49200 7152 10339 12155 13432 14560 15580 11,823
282
49800 7187 10386 12206 13489 14622 15646 11,824
50400 7222 10433 12258 13546 14684 15712 11,825
51000 7257 10481 12309 13603 14745 15778 11,826
51600 7291 10528 12360 13660 14807 15844 11,827
52200 7326 10575 12412 13717 14869 15910 11,828
52800 7361 10622 12463 13774 14931 15976 11,829
53400 7396 10669 12515 13832 14992 16042 11,830
54000 7431 10717 12566 13889 15054 16108 11,831
54600 7468 10765 12622 13946 15120 16178 11,832
55200 7524 10845 12716 14050 15232 16298 11,833
55800 7582 10929 12814 14159 15350 16425 11,834
56400 7643 11016 12918 14273 15474 16558 11,835
57000 7704 11104 13021 14388 15598 16691 11,836
57600 7765 11192 13125 14502 15722 16824 11,837
58200 7825 11277 13225 14613 15842 16953 11,838
58800 7883 11361 13324 14723 15961 17079 11,839
59400 7941 11445 13423 14832 16079 17206 11,840
60000 8000 11529 13522 14941 16197 17333 11,841
60600 8058 11612 13620 15050 16315 17460 11,842
61200 8116 11696 13719 15160 16433 17587 11,843
61800 8175 11780 13818 15269 16552 17714 11,844
62400 8233 11864 13917 15378 16670 17840 11,845
63000 8288 11945 14011 15481 16783 17958 11,846
63600 8344 12024 14102 15582 16893 18075 11,847
64200 8399 12103 14194 15683 17002 18193 11,848
64800 8454 12183 14285 15784 17111 18310 11,849
65400 8510 12262 14376 15885 17220 18427 11,850
66000 8565 12341 14468 15986 17330 18544 11,851
66600 8620 12421 14559 16087 17439 18661 11,852
67200 8676 12500 14650 16188 17548 18778 11,853
67800 8731 12579 14741 16289 17657 18895 11,854
68400 8786 12659 14833 16390 17767 19012 11,855
69000 8842 12738 14924 16491 17876 19129 11,856
69600 8897 12817 15015 16592 17985 19246 11,857
283
70200 8953 12897 15107 16693 18094 19363 11,858
70800 9008 12974 15196 16791 18201 19476 11,859
71400 9060 13047 15281 16885 18302 19585 11,860
72000 9111 13120 15366 16979 18404 19694 11,861
72600 9163 13194 15451 17073 18506 19803 11,862
73200 9214 13267 15536 17167 18608 19912 11,863
73800 9266 13340 15621 17261 18709 20021 11,864
74400 9318 13413 15706 17355 18811 20130 11,865
75000 9369 13487 15791 17449 18913 20239 11,866
75600 9421 13560 15876 17543 19015 20347 11,867
76200 9473 13633 15961 17636 19116 20456 11,868
76800 9524 13707 16046 17730 19218 20565 11,869
77400 9576 13780 16131 17824 19320 20674 11,870
78000 9627 13853 16216 17918 19422 20783 11,871
78600 9679 13927 16300 18012 19523 20892 11,872
79200 9731 14000 16385 18106 19625 21001 11,873
79800 9782 14073 16470 18200 19727 21109 11,874
80400 9834 14147 16555 18294 19829 21218 11,875
81000 9885 14220 16640 18387 19930 21326 11,876
81600 9936 14292 16723 18480 20030 21434 11,877
82200 9987 14364 16807 18573 20131 21541 11,878
82800 10038 14439 16891 18665 20235 21651 11,879
83400 10090 14514 16979 18762 20340 21763 11,880
84000 10142 14589 17066 18859 20444 21875 11,881
84600 10194 14663 17154 18956 20549 21987 11,882
85200 10246 14738 17241 19052 20653 22099 11,883
85800 10298 14813 17329 19149 20758 22211 11,884
86400 10350 14887 17417 19246 20863 22323 11,885
87000 10403 14962 17504 19343 20967 22435 11,886
87600 10455 15037 17592 19440 21072 22547 11,887
88200 10507 15111 17679 19537 21176 22659 11,888
88800 10559 15186 17767 19633 21281 22771 11,889
89400 10611 15261 17855 19730 21386 22883 11,890
90000 10663 15335 17942 19827 21490 22995 11,891
284
90600 10715 15410 18030 19924 21595 23107 11,892
91200 10767 15485 18118 20021 21700 23219 11,893
91800 10819 15559 18205 20118 21804 23331 11,894
92400 10872 15634 18293 20215 21909 23443 11,895
93000 10924 15709 18380 20311 22013 23555 11,896
93600 10976 15783 18468 20408 22118 23667 11,897
94200 11028 15858 18556 20505 22223 23779 11,898
94800 11080 15933 18643 20602 22327 23891 11,899
95400 11132 16007 18731 20699 22432 24003 11,900
96000 11184 16082 18818 20796 22536 24115 11,901
96600 11236 16157 18906 20892 22641 24227 11,902
97200 11289 16231 18994 20989 22746 24339 11,903
97800 11341 16306 19081 21086 22850 24451 11,904
98400 11393 16381 19169 21183 22955 24563 11,905
99000 11446 16450 19255 21279 23062 24676 11,906
99600 11491 16516 19334 21366 23156 24777 11,907
100200 11536 16583 19413 21453 23250 24878 11,908
100800 11581 16649 19491 21539 23345 24978 11,909
101400 11625 16714 19569 21625 23437 25077 11,910
102000 11670 16779 19646 21710 23530 25177 11,911
102600 11714 16844 19724 21796 23623 25276 11,912
103200 11759 16909 19801 21881 23715 25375 11,913
103800 11803 16974 19879 21967 23808 25475 11,914
104400 11847 17039 19956 22052 23901 25574 11,915
105000 11892 17104 20034 22138 23994 25673 11,916
105600 11934 17167 20108 22220 24083 25769 11,917
106200 11979 17232 20186 22305 24176 25868 11,918
106800 12023 17297 20263 22391 24269 25968 11,919
107400 12068 17362 20341 22476 24361 26067 11,920
108000 12110 17425 20415 22559 24451 26162 11,921
108600 12155 17490 20493 22644 24543 26262 11,922
109200 12199 17555 20570 22730 24636 26361 11,923
109800 12243 17620 20648 22815 24729 26460 11,924
110400 12286 17683 20722 22897 24818 26556 11,925
285
111000 12331 17748 20800 22983 24911 26655 11,926
111600 12375 17813 20877 23068 25004 26755 11,927
112200 12419 17878 20955 23154 25096 26854 11,928
112800 12462 17941 21029 23236 25186 26949 11,929
113400 12506 18006 21107 23322 25278 27049 11,930
114000 12551 18071 21184 23407 25371 27148 11,931
114600 12595 18136 21262 23493 25464 27247 11,932
115200 12640 18202 21339 23578 25557 27347 11,933
115800 12682 18264 21414 23660 25646 27442 11,934
116400 12727 18329 21491 23746 25739 27542 11,935
117000 12771 18394 21569 23831 25832 27641 11,936
117600 12815 18460 21646 23917 25924 27740 11,937
118200 12858 18522 21721 23999 26013 27836 11,938
118800 12902 18587 21798 24084 26106 27935 11,939
119400 12947 18652 21876 24170 26199 28034 11,940
120000 12991 18718 21953 24256 26292 28134 11,941
120600 13034 18780 22028 24338 26381 28229 11,942
121200 13078 18845 22105 24423 26474 28329 11,943
121800 13123 18910 22183 24509 26567 28428 11,944
122400 13167 18976 22260 24594 26659 28527 11,945
123000 13210 19038 22335 24676 26749 28623 11,946
123600 13254 19103 22412 24762 26841 28722 11,947
124200 13299 19168 22490 24847 26934 28821 11,948
124800 13343 19234 22567 24933 27027 28921 11,949
125400 13386 19296 22642 25015 27116 29016 11,950
126000 13430 19361 22719 25101 27209 29115 11,951
126600 13474 19426 22797 25186 27302 29215 11,952
127200 13519 19492 22874 25272 27395 29314 11,953
127800 13561 19554 22949 25354 27484 29410 11,954
128400 13606 19619 23026 25439 27576 29509 11,955
129000 13650 19684 23104 25525 27669 29608 11,956
129600 13695 19750 23181 25610 27762 29708 11,957
130200 13739 19815 23259 25696 27855 29807 11,958
130800 13783 19879 23335 25780 27946 29905 11,959
286
131400 13828 19945 23414 25868 28041 30007 11,960
132000 13874 20012 23494 25955 28136 30108 11,961
132600 13919 20079 23573 26043 28231 30210 11,962
133200 13963 20143 23649 26127 28323 30308 11,963
133800 14008 20210 23729 26215 28418 30410 11,964
134400 14054 20276 23808 26302 28513 30511 11,965
135000 14099 20343 23887 26390 28608 30613 11,966
135600 14143 20407 23964 26474 28699 30711 11,967
136200 14188 20474 24043 26561 28794 30813 11,968
136800 14234 20541 24123 26649 28889 30914 11,969
137400 14279 20607 24202 26737 28984 31016 11,970
138000 14323 20671 24278 26821 29075 31114 11,971
138600 14368 20738 24358 26908 29170 31215 11,972
139200 14414 20805 24437 26996 29265 31317 11,973
139800 14459 20872 24516 27083 29361 31419 11,974
140400 14503 20936 24593 27168 29452 31517 11,975
141000 14549 21002 24672 27255 29547 31618 11,976
141600 14594 21069 24751 27343 29642 31720 11,977
142200 14639 21136 24831 27430 29737 31822 11,978
142800 14683 21200 24907 27515 29828 31920 11,979
143400 14729 21267 24986 27602 29923 32021 11,980
144000 14774 21333 25066 27690 30018 32123 11,981
144600 14820 21400 25145 27777 30113 32225 11,982
145200 14865 21467 25225 27865 30208 32327 11,983
145800 14909 21531 25301 27949 30300 32424 11,984
146400 14963 21596 25377 28041 30396 32526 11,985
147000 15006 21659 25452 28124 30486 32622 11,986
147600 15049 21722 25527 28207 30576 32718 11,987
148200 15090 21782 25599 28286 30662 32810 11,988
148800 15133 21845 25674 28369 30752 32907 11,989
149400 15176 21908 25749 28452 30842 33003 11,990
150000 15218 21971 25823 28534 30931 33099 11,991
(E) When a court or child support enforcement agency 11,994
calculates the amount of child support that will be required to 11,995
287
be paid pursuant to a child support order or an administrative 11,996
child support order in a proceeding in which one parent is the 11,997
residential parent and legal custodian of all of the children who 11,998
are the subject of the child support order or the court issues a 11,999
shared parenting order, the court or child support enforcement 12,000
agency shall use a worksheet that is identical in content and 12,001
form to the following worksheet: 12,002
"Worksheet 12,003
............... County Domestic Relations Court (or) 12,004
............... County Child Support Enforcement Agency 12,005
Child Support Computation 12,006
Sole Residential Parent or 12,007
Shared Parenting Order 12,008
Name of parties ................................................. 12,010
Case No. .......... 12,012
Number of minor children ...... The following parent was 12,014
designated as the residential parent and legal custodian 12,015
(disregard if shared parenting order): 12,016
............. mother; ............ father. 12,018
Father has ..... pay periods annually; mother has ..... pay 12,020
periods annually. 12,021
Column I Column II Column III 12,023
Father Mother Combined
1a. Annual gross income from 12,026
employment or, when
determined appropriate by 12,027
the court or agency,
average annual gross income
from employment over a
reasonable period of years 12,028
(exclude overtime and
bonuses)................... $...... $...... 12,030
b. Amount of overtime and 12,031
bonuses Father Mother 12,032
288
Yr. 3 12,033
(Three years ago) $...... $...... 12,035
Yr. 2 12,036
(Two years ago) $...... $...... 12,038
Yr. 1 12,039
(Last calendar year) $...... $...... 12,041
Average: $...... $...... 12,043
(Include in Column I and/or 12,044
Column II the average of
the three years or the year 12,045
1 amount, whichever is
less, if there exists a
reasonable expectation that 12,046
the total earnings from
overtime and/or bonuses
during the current calendar 12,047
year will meet or exceed
the amount that is the
lower of the average of the 12,048
three years or the year 1
amount. If, however, there
exists a reasonable 12,049
expectation that the total
earnings from
overtime/bonuses during the 12,050
current calendar year will
be less than the lower of
the average of the three 12,051
years or the year 1 amount,
include only the amount
reasonably expected to be 12,052
earned this year.)......... $...... $...... 12,053
2. Annual income from interest 12,054
and dividends (whether or
289
not taxable)............... $...... $...... 12,056
3. Annual income from 12,057
unemployment compensation.. $...... $...... 12,058
4. Annual income from workers' 12,059
compensation or disability
insurance benefits......... $...... $...... 12,061
5. Other annual income 12,062
(identify)................. $...... $...... 12,063
6. Total annual gross income 12,064
(add lines 1-5)............ $...... $...... 12,065
7. Annual court-ordered support 12,066
paid for other children.... $...... $...... 12,067
8. Adjustment for minor 12,068
children born to either
parent and another parent, 12,069
which children are living
with this parent (number of
children times federal 12,070
income tax exemption less
child support received for
the year, not to exceed the 12,071
federal tax exemption)..... $...... $...... 12,072
9. Annual court-ordered spousal 12,073
support paid to a former
spouse..................... $...... $...... 12,075
10. Amount of local income taxes 12,076
actually paid or estimated
to be paid................. $...... $...... 12,078
11. For self-employed 12,079
individuals, deduct 5.6% of
adjusted gross income or 12,080
the actual marginal
difference between the
actual rate paid by the
290
self-employed individual 12,081
and the F.I.C.A. rate...... $...... $...... 12,082
12. For self-employed 12,083
individuals, deduct
ordinary and necessary
business expenses.......... $...... $...... 12,085
13. Total gross income 12,086
adjustments (add lines
7-12)...................... $...... $...... 12,087
14. Adjusted annual gross income 12,088
(subtract line 13 from line
6)......................... $...... $...... 12,090
15. Combined annual income that 12,091
is basis for child support
order (add line 14, Col. I 12,092
and Col. II)......................... $......
16. Percentage parent's income 12,093
to total income
a. Father (divide line 14, Col. 12,094
I by line 15, Col. III) .........% 12,095
b. Mother (divide line 14, Col. 12,096
II by line 15, Col. III) .......... + .......% = 100% 12,097
17. Basic combined child support 12,098
obligation (Refer to basic
child support schedule in 12,099
division (D) of section
3113.215 of the Revised
Code; in the first column 12,100
of the schedule, locate the
sum that is nearest to the
combined annual income 12,101
listed in line 15, Col. III
of this worksheet, then
refer to the column of the 12,102
291
schedule that corresponds
to the number of children
in this family. If the 12,103
income of the parents is
more than one sum, and less
than another sum, in the 12,104
first column of the
schedule, you may calculate
the basic combined child 12,105
support obligation based
upon the obligation for
those two sums.)........... $...... 12,107
18. Annual child care expenses 12,108
for the children who are
the subject of this order 12,109
that are work, employment
training, or education 12,110
related, as approved by the
court or agency (deduct the
tax credit from annual 12,111
cost, whether or not
claimed)................... $...... $...... 12,112
19. Marginal, out-of-pocket 12,113
costs, necessary to provide
for health insurance for 12,114
the children who are the
subject of this order...... $...... $...... 12,115
20. Total child care and medical 12,116
expenses (add lines 18 and
19, Column I and Column II). $...... $...... 12,118
21. Combined annual child 12,119
support obligation for this
family (add lines 17 and 12,120
20, Column I and Column II). ....... $...... 12,121
292
22. Annual support 12,122
obligation/parent
a. Father (multiply line 21, 12,123
Col. III, by line 16a)..... $...... 12,124
b. Mother (multiply line 21, 12,125
Col. III, by line 16b)..... $...... 12,126
23. Adjustment for actual 12,127
expenses paid for annual
child care expenses and 12,128
marginal, out-of-pocket
costs, necessary to provide
for health insurance (enter 12,129
number from line 18 or 19
if applicable)............. $...... $...... 12,130
24. Actual annual obligation 12,131
(subtract line 23 from line
22a or 22b)................ $...... $...... 12,133
25. Gross household income per 12,134
party after exchange of
child support (add lines 14 12,136
and 24 Column I or II for
residential parent or, in 12,137
the case of shared 12,138
parenting order, the parent
to whom child support will
be paid; subtract line 24 12,139
Column I or II from line 14
for parent who is not the
residential parent or, in 12,140
the case of shared
parenting order, the parent
who will pay child support). $...... $...... 12,142
26. Comments, rebuttal, or 12,143
adjustments to correct
293
figures in lines 24, Column 12,144
I and 24, Column II if they
would be unjust or
inappropriate and would not 12,145
be in best interest of the
child or children (specific
facts to support
adjustments must be 12,146
included).................. $...... $...... 12,147
................................................................. 12,149
................................................................. 12,150
................................................................. 12,151
(Addendum sheet may be attached) 12,152
27. Final figure (this amount 12,154
reflects final annual child
support obligation)........ $...... father/mother 12,156
obligor
28. For decree: child support 12,159
per child per week or per
month (divide obligor's 12,160
annual share, line 27, by
12 or 52 and by number of
children).................. $...... 12,162
29. For deduction order: child 12,163
support per pay period
(calculate support per pay 12,164
period from figure on line
28) plus appropriate
poundage........ PROCESSING 12,165
CHARGE. $...... 12,166
Calculations have been reviewed. 12,169
Signatures .............................. 12,171
Father 12,172
I do/do not consent. 12,173
294
Sworn to before me and subscribed in my presence, this 12,175
..... day of .........., 19... 12,176
.............................. 12,178
Notary Public 12,179
.............................. 12,180
Mother 12,181
I do/do not consent. 12,182
Sworn to before me and subscribed in my presence, this 12,185
..... day of .........., 19... 12,186
.............................. 12,187
Notary Public 12,188
.............................. .............................. 12,189
Attorney for Father Attorney for Mother" 12,191
(F) When a court or child support enforcement agency 12,194
calculates the amount of child support that will be required to 12,195
be paid pursuant to a child support order in a proceeding in 12,196
which both parents have split parental rights and 12,197
responsibilities with respect to the children who are the subject 12,198
of the child support order, the court or child support 12,199
enforcement agency shall use a worksheet that is identical in 12,200
content and form to the following worksheet: 12,201
"Worksheet 12,202
............... County Domestic Relations Court (or) 12,203
............... County Child Support Enforcement Agency 12,204
Child Support Computation 12,205
Split Parental Rights and Responsibilities 12,206
Name of parties ............................. 12,208
Case No. .......... 12,210
Number of minor children ...... The following parent was 12,212
designated residential parent and legal custodian: 12,213
............ mother; ............ father. 12,215
Father has ..... pay periods annually; mother has ..... pay 12,217
periods annually.
Column I Column II Column III 12,219
295
Father Mother Combined
1a. Annual gross income from 12,222
employment or, when
determined to be
appropriate by the court or 12,223
agency, average annual
gross income from
employment over a 12,224
reasonable period of years
(exclude overtime and
bonuses)................... $...... $...... 12,226
b. Amount of overtime and 12,227
bonuses Father Mother 12,228
Yr. 3 12,229
(Three years ago) $...... $...... 12,230
Yr. 2 12,231
(Two years ago) $...... $...... 12,232
Yr. 1 12,233
(Last calendar year) $...... $...... 12,234
Average: $...... $...... 12,235
(Include in Column I and/or 12,236
Column II the average of
the three years or the year 12,237
1 amount, whichever is
less, if there exists a
reasonable expectation that 12,238
the total earnings from
overtime and/or bonuses 12,239
during the current calendar
year will meet or exceed
the amount that is the 12,240
lower of the average of the
three years or the year 1
amount. If, however, there 12,241
296
exists a reasonable 12,242
expectation that the total
earnings from
overtime/bonuses during the 12,243
current calendar year will
be less than the lower of
the average of the three 12,244
years or the year 1 amount,
include only the amount
reasonably expected to be 12,246
earned this year.)......... $...... $....... 12,247
2. Annual income from interest 12,248
and dividends (whether or
not taxable)............... $...... $...... 12,250
3. Annual income from 12,251
unemployment compensation.. $...... $...... 12,252
4. Annual income from workers' 12,253
compensation or disability
insurance benefits......... $...... $...... 12,255
5. Other annual income 12,256
(identify)................. $...... $...... 12,257
6. Total annual gross income 12,258
(add lines 1-5)............ $...... $...... 12,259
7. Annual court-ordered support 12,260
paid for other children.... $...... $...... 12,261
8. Adjustment for minor 12,262
children born to either
parent and another parent, 12,263
which children are living
with this parent (number of
children times federal 12,264
income tax exemption less
child support received for
the year, not to exceed the 12,265
297
federal tax exemption)..... $...... $...... 12,266
9. Annual court-ordered spousal 12,267
support paid to a former
spouse..................... $...... $...... 12,269
10. Amount of local income taxes 12,270
actually paid or estimated
to be paid................. $...... $...... 12,272
11. For self-employed 12,273
individuals, deduct 5.6% of
adjusted gross income or 12,274
the actual marginal
difference between the
actual rate paid by the
self-employed individual 12,275
and the F.I.C.A. rate...... $...... $...... 12,276
12. For self-employed 12,277
individuals, deduct
ordinary and necessary
business expenses.......... $...... $...... 12,279
13. Total gross income 12,280
adjustments (add lines
7-12)...................... $...... $...... 12,281
14. Adjusted annual gross income 12,282
(subtract line 13 from line
6)......................... $...... $...... 12,284
15. Combined annual income that 12,285
is basis for child support
order (add line 14, Col. I 12,286
and Col. II)............... $..... 12,287
16. Percentage parent's income 12,288
to total income
a. Father (divide line 14, Col. 12,289
I by line 15, Col. III) .........% 12,290
b. Mother (divide line 14, Col. 12,291
298
II by line 15, Col. III)... + .......% = 100% 12,292
17. Basic combined child support 12,293
obligation/household
a. For children for whom the 12,294
father is the residential
parent and legal custodian 12,295
(Refer to basic child
support schedule in
division (D) of section 12,296
3113.215 of the Revised
Code; in the first column
of the schedule, locate the 12,297
sum that is nearest to the
combined annual income
listed in line 15, Col. III 12,298
of this worksheet, then
refer to the column of the
schedule that corresponds 12,299
to the number of children
for whom the father is the
residential parent and 12,300
legal custodian. If the
income of the parents is
more than one sum, and less 12,301
than another sum, in the
first column of the
schedule, you may calculate 12,302
the basic combined child
support obligation based
upon the obligation for 12,303
those two sums.)........... $...... 12,304
b. For children for whom the 12,305
mother is the residential
parent and the legal 12,306
299
custodian. (Refer to basic
child support schedule in
division (D) of section 12,307
3113.215 of the Revised
Code; in the first column 12,308
of the schedule, locate the
sum that is nearest to the
combined annual income 12,309
listed in line 15, Col. III
of this worksheet, then
refer to the column of the 12,310
schedule that corresponds
to the number of children
for whom the mother is the 12,311
residential parent and the 12,312
legal custodian. If the
income of the parents is
more than one sum, and less 12,313
than another sum, in the
first column of the
schedule, you may calculate 12,314
the basic combined child
support obligation based
upon the obligation for 12,315
those two sums.)........... $...... 12,316
18. Annual child care expenses 12,317
for the children who are
the subject of this order 12,318
that are work, employment
training, or education 12,319
related, as approved by the
court or agency (deduct the
tax credit from annual 12,320
cost, whether or not
300
claimed)
a. Expenses paid by the father. $...... 12,322
b. Expenses paid by the mother. $...... 12,324
19. Marginal, out-of-pocket 12,325
costs, necessary to provide
for health insurance for 12,326
the children who are the
subject of this order
a. Costs paid by the father.... $...... 12,328
b. Costs paid by the mother.... $...... 12,330
20. Total annual child care and 12,331
medical expenses
a. Of father (add lines 18a and 12,332
19a)....................... $...... 12,333
b. Of mother (add lines 18b and 12,334
19b)....................... $...... 12,335
21. Total annual child support 12,336
obligation
a. Of father for child(ren) for 12,337
whom the mother is the
residential parent and 12,338
legal custodian (add lines
20a and 17b and multiply by
line 16a).................. $...... 12,340
b. Of mother for child(ren) for 12,341
whom the father is the
residential parent and 12,342
legal custodian (add lines
20b and 17a and multiply by 12,343
line 16b).................. $...... 12,344
22. Adjustment for actual 12,345
expenses paid for annual
child care expenses, and 12,346
marginal, out-of-pocket
301
costs, necessary to provide
for health insurance
a. For father (enter number 12,347
from line 20a)............. $...... 12,348
b. For mother (enter number 12,349
from line 20b)............. $...... 12,350
23. Actual annual obligation 12,351
(subtract line 22a from
line 21a and insert in 12,352
Column I; subtract line 22b
from line 21b and insert in
Column II)................. $...... $...... 12,354
24. Net annual support 12,355
obligation (greater amount
on line 23 Column I or line 12,356
23 Column II minus lesser
amount on line 23 Column I
or line 23 Column II)...... $...... $...... 12,358
25. Gross household income per 12,359
party after exchange of
child support.............. $...... $...... 12,361
(add line 14 and line 24 12,362
for the parent receiving a
child support payment; 12,363
subtract line 24 from line
14 for the parent making a
child support payment) 12,364
26. Comments, rebuttal, or 12,365
adjustments to correct
figures in lines 24, Column 12,366
I and 24, Column II if they
would be unjust or
inappropriate and would not 12,367
be in best interest of the
302
children (specific facts to
support adjustments must be 12,368
included).................. $...... $...... 12,369
................................................................. 12,371
................................................................. 12,372
................................................................. 12,373
(Addendum sheet may be attached) 12,374
27. Final figure (this amount 12,376
reflects final annual child
support obligation)........ $...... father/mother 12,378
obligor
28. For decree: child support 12,381
per child per week or per
month (divide obligor's 12,382
annual share, line 27, by
12 or 52 and by the number
of children)............... $...... 12,384
29. For deduction order: child 12,385
support per day (calculate
support per pay period from 12,386
figure on line 28) and add
appropriate poundage 12,387
........ PROCESSING CHARGE. $...... 12,388
Calculations have been reviewed. 12,391
Signatures .............................. 12,393
Father 12,394
I do/do not consent. 12,395
Sworn to before me and subscribed in my presence, this 12,398
..... day of .........., 19... 12,399
.............................. 12,401
Notary Public 12,402
.............................. 12,403
Mother 12,404
I do/do not consent. 12,405
303
Sworn to before me and subscribed in my presence, this 12,408
..... day of .........., 19... 12,409
.............................. 12,411
Notary Public 12,412
.............................. .............................. 12,413
Attorney for Father Attorney for Mother" 12,414
(G) At least once every four years, the department of 12,417
human services shall review the basic child support schedule set 12,418
forth in division (D) of this section to determine whether 12,419
support orders issued in accordance with the schedule and the 12,420
applicable worksheet in division (E) of this section, through 12,421
line 24, or in division (F) of this section, through line 23, 12,422
adequately provide for the needs of the children who are subject 12,423
to the support orders, prepare a report of its review, and submit 12,424
a copy of the report to both houses of the general assembly. For 12,425
each review, the department shall establish a child support 12,426
guideline advisory council to assist the department in the 12,428
completion of its reviews and reports. Each council shall be 12,430
composed of obligors, obligees, judges of courts of common pleas
who have jurisdiction over domestic relations cases, attorneys 12,431
whose practice includes a significant number of domestic 12,432
relations cases, representatives of child support enforcement 12,433
agencies, other persons interested in the welfare of children, 12,434
three members of the senate appointed by the president of the 12,435
senate, no more than two of whom are members of the same party, 12,436
and three members of the house of representatives appointed by 12,437
the speaker of the house, no more than two of whom are members of 12,438
the same party. The department shall consider input from the 12,439
council prior to the completion of any report under this section. 12,441
The advisory council shall cease to exist at the time that it 12,442
submits its report to the general assembly. Any expenses 12,443
incurred by an advisory council shall be paid by the department. 12,444
On or before March 1, 1993, the department shall submit its 12,446
initial report under this division to both houses of the general 12,447
304
assembly. On or before the first day of March of every fourth 12,448
year after 1993, the department shall submit a report under this 12,449
division to both houses of the general assembly. 12,450
Sec. 3113.216. (A) As used in this section, "obligor" and 12,459
"obligee" have the same meanings as in section 3113.21 of the 12,460
Revised Code.
(B) No later than October 13, 1990, the department of 12,462
human services shall adopt rules pursuant to Chapter 119. of the 12,463
Revised Code establishing a procedure for determining when 12,464
existing child support orders should be reviewed to determine 12,465
whether it is necessary and in the best interest of the children 12,466
who are the subject of the child support order to change the 12,467
child support order. The rules shall include, but are not 12,468
limited to, all of the following: 12,469
(1) Any procedures necessary to comply with section 12,471
666(a)(10) of Title 42 of the U.S. Code, "Family Support Act of 12,472
1988," 102 Stat. 2346, 42 U.S.C. 666(a)(10), as amended, and any 12,473
regulations adopted pursuant to, or to enforce, that section; 12,474
(2) Procedures for determining what child support orders 12,476
are to be subject to review upon the request of either the 12,477
obligor or the obligee or periodically by the child support 12,478
enforcement agency administering the child support order; 12,479
(3) Procedures for the child support enforcement agency to 12,481
periodically review and to review, upon the request of the 12,482
obligor or the obligee, any child support order that is subject 12,483
to review to determine whether the amount of child support paid 12,484
under the child support order should be adjusted in accordance 12,485
with the basic child support schedule set forth in division (D) 12,486
of section 3113.215 of the Revised Code OR WHETHER THE PROVISIONS 12,487
FOR THE CHILD'S HEALTH CARE NEEDS UNDER THE CHILD SUPPORT ORDER 12,488
SHOULD BE MODIFIED IN ACCORDANCE WITH SECTION 3113.217 OF THE 12,489
REVISED CODE;
(4) Procedures for giving obligors and obligees notice of 12,491
their right to request a review of a child support order that is 12,492
305
determined to be subject to review, notice of any proposed 12,493
revision of the amount of child support to be paid under the 12,494
child support order, notice of the procedures for requesting a 12,495
hearing on any proposed revision of the amount of child support 12,496
to be paid under a child support order, notice of any 12,497
administrative hearing to be held on a proposed revision of the 12,498
amount of child support to be paid under a child support order, 12,499
at least sixty days' prior notice of any review of their child 12,500
support order, and notice that a failure to comply with any 12,501
request for documents or information to be used in the review of 12,502
a child support order is contempt of court; 12,503
(5) Procedures for obtaining the necessary documents and 12,505
information necessary to review child support orders and for 12,506
holding administrative hearings on a proposed revision of the 12,507
amount of child support to be paid under a child support order; 12,508
(6) Procedures for adjusting child support orders in 12,510
accordance with the basic child support schedule set forth in 12,511
division (D) of section 3113.215 of the Revised Code and the 12,512
applicable worksheet in division (E) of that section, through 12,513
line 24 or in division (F) of that section, through line 23; 12,514
(7) PROCEDURES FOR ADJUSTING THE PROVISIONS OF THE CHILD 12,516
SUPPORT ORDER GOVERNING THE HEALTH CARE NEEDS OF THE CHILD 12,517
PURSUANT TO SECTION 3113.217 OF THE REVISED CODE. 12,518
(C)(1) If a child support enforcement agency, periodically 12,520
or upon request of an obligor or obligee, plans to review a child 12,521
support order in accordance with the rules adopted pursuant to 12,522
division (B) of this section or otherwise plans to review a child 12,523
support order, it shall do all of the following prior to formally 12,524
beginning the review: 12,525
(a) Establish a date certain upon which the review will 12,527
formally begin; 12,528
(b) At least sixty days before formally beginning the 12,530
review, send the obligor and the obligee notice of the planned 12,531
review and of the date when the review will formally begin; 12,532
306
(c) Request the obligor to provide the agency, no later 12,534
than the scheduled date for formally beginning the review, with a 12,535
copy of the obligor's federal income tax return from the previous 12,536
year, a copy of all pay stubs obtained by the obligor within the 12,537
preceding six months, a copy of all other records evidencing the 12,538
receipt of any other salary, wages, or compensation by the 12,539
obligor within the preceding six months, A LIST OF THE GROUP 12,540
HEALTH INSURANCE AND HEALTH CARE POLICIES, CONTRACTS, AND PLANS 12,541
AVAILABLE TO THE OBLIGOR AND THEIR COSTS, THE CURRENT HEALTH 12,542
INSURANCE OR HEALTH CARE POLICY, CONTRACT, OR PLAN UNDER WHICH 12,543
THE OBLIGOR IS ENROLLED AND ITS COST, and any other information 12,545
necessary to properly review the child support order, and request 12,546
the obligee to provide the agency, no later than the scheduled 12,547
date for formally beginning the review, with a copy of the 12,548
obligee's federal income tax return from the previous year, a
copy of all pay stubs obtained by the obligee within the 12,549
preceding six months, a copy of all other records evidencing the 12,550
receipt of any other salary, wages, or compensation by the 12,551
obligee within the preceding six months, A LIST OF THE GROUP 12,552
HEALTH INSURANCE AND HEALTH CARE POLICIES, CONTRACTS, AND PLANS 12,553
AVAILABLE TO THE OBLIGEE AND THEIR COSTS, THE CURRENT HEALTH 12,554
INSURANCE OR HEALTH CARE POLICY, CONTRACT, OR PLAN UNDER WHICH 12,555
THE OBLIGEE IS ENROLLED AND ITS COST, and any other information 12,557
necessary to properly review the child support order;
(d) Include in the notice sent pursuant to division 12,559
(C)(1)(b) of this section, a notice that a willful failure to 12,560
provide the documents and other information requested pursuant to 12,561
division (C)(1)(c) of this section is contempt of court. 12,562
(2) If either the obligor or the obligee fails to comply 12,564
with a request for information made pursuant to division 12,565
(C)(1)(c) of this section, it is contempt of court, and the 12,566
agency shall notify the court of the failure to comply with the 12,567
request for information. The agency may request the court to 12,568
issue an order requiring the obligor or the obligee to provide 12,569
307
the information as requested or take whatever action is necessary 12,570
to obtain the information and make any reasonable assumptions 12,571
necessary with respect to the income of INFORMATION the person in 12,573
contempt of court DID NOT PROVIDE to ensure a fair and equitable 12,574
review of the child support order. If the agency decides to 12,576
conduct the review based upon ON reasonable assumptions with 12,578
respect to the income of INFORMATION the person in contempt of 12,580
court DID NOT PROVIDE, it shall proceed under division (C)(3) of 12,581
this section in the same manner as if all requested information 12,582
has been received. 12,583
(3) Upon the date established pursuant to division 12,585
(C)(1)(a) of this section for formally beginning the review of a 12,586
child support order, the agency shall review the child support 12,587
order and shall do all of the following: 12,588
(a) Calculate a revised amount of child support to be paid 12,590
under the child support order; 12,591
(b) Give the obligor and obligee notice of the revised 12,593
amount of child support to be paid under the child support order, 12,594
of their right to request an administrative hearing on the 12,595
revised amount of child support, of the procedures and time 12,596
deadlines for requesting the hearing, and that the revised amount 12,597
of child support will be submitted to the court for inclusion in 12,598
a revised child support order unless the obligor or obligee 12,599
requests an administrative hearing on the proposed change within 12,600
thirty days after receipt of the notice under this division; 12,601
(c) If neither the obligor nor the obligee timely requests 12,603
an administrative hearing on the revised amount of child support 12,604
to be paid under the child support order, submit the revised 12,605
amount of child support to the court for inclusion in a revised 12,606
child support order; 12,607
(d) If the obligor or the obligee timely requests an 12,609
administrative hearing on the revised amount of child support to 12,610
be paid under the child support order, the agency shall schedule 12,611
a hearing on the issue, give the obligor and obligee notice of 12,612
308
the date, time, and location of the hearing, conduct the hearing 12,613
in accordance with the rules adopted under division (B) of this 12,614
section, redetermine at the hearing a revised amount of child 12,615
support to be paid under the child support order, and give notice 12,616
of all of the following to the obligor and obligee: 12,617
(i) The revised amount of child support to be paid under 12,619
the child support order; 12,620
(ii) That they may request a court hearing on the revised 12,622
amount of child support; 12,623
(iii) That the agency will submit the revised amount of 12,625
child support to the court for inclusion in a revised child 12,626
support order, if neither the obligor nor the obligee requests a 12,627
court hearing on the revised amount of child support. 12,628
(e) If neither the obligor nor the obligee requests a 12,630
court hearing on the revised amount of child support to be paid 12,631
under the child support order, submit the revised amount of child 12,632
support to the court for inclusion in a revised child support 12,633
order. 12,634
(4) In calculating a revised amount of child support to be 12,636
paid under a child support order under division (C)(3)(a) of this 12,637
section, and in redetermining, at an administrative hearing 12,638
conducted under division (C)(3)(d) of this section, a revised 12,639
amount of child support to be paid under a child support order, 12,640
the child support enforcement agency shall consider, in addition 12,641
to all other factors required by law to be considered, the THE 12,642
FOLLOWING: 12,643
(a) THE APPROPRIATE PERSON, WHETHER IT IS THE OBLIGOR, 12,645
OBLIGEE, OR BOTH, TO BE REQUIRED IN ACCORDANCE WITH SECTION 12,646
3113.217 OF THE REVISED CODE TO PROVIDE HEALTH INSURANCE COVERAGE 12,647
FOR THE CHILDREN SPECIFIED IN THE ORDER;
(b) THE cost of health insurance COVERAGE which the 12,650
obligor, the obligee, or both the obligor and the obligee have 12,652
been ordered to obtain IN ACCORDANCE WITH SECTION 3113.217 OF THE 12,653
REVISED CODE for the children specified in the order. 12,654
309
(D) If an obligor or obligee files a request for a court 12,656
hearing on a revised amount of child support to be paid under a 12,657
child support order in accordance with division (C) of this 12,658
section and the rules adopted under division (B) of this section, 12,659
the court shall conduct a hearing in accordance with division 12,660
(C)(1)(c) of section 3113.21 of the Revised Code. 12,661
(E) A child support enforcement agency is not required to 12,663
review a child support order pursuant to this section if the 12,664
review is not otherwise required by section 666(a)(10) of Title 12,665
42 of the U.S. Code, "Family Support Act of 1988," 102 Stat. 12,666
2346, 42 U.S.C. 666(a)(10), as amended, and any regulations 12,667
adopted pursuant to, or to enforce, that section and if either of 12,668
the following apply: 12,669
(1) The obligee has made an assignment under section 12,671
5107.20 of the Revised Code of the right to receive child support 12,673
payments, the agency determines that the review would not be in 12,674
the best interest of the children who are the subject of the 12,675
child support order, and neither the obligor nor the obligee has 12,676
requested that the review be conducted; 12,677
(2) The obligee has not made an assignment under section 12,679
5107.20 of the Revised Code of the right to receive child support 12,681
payments, neither the obligor nor the obligee has requested that 12,682
the review be conducted. 12,683
Sec. 3113.217. (A) As used in this section: 12,692
(1) "Obligor" and "obligee" have the same meanings as in 12,694
section 3113.21 of the Revised Code. 12,696
(2) "Insurer" means any person that is authorized to 12,698
engage in the business of insurance in this state under Title 12,699
XXXIX of the Revised Code, any health insuring corporation, and 12,702
any legal entity that is self-insured and provides benefits to 12,703
its employees or members.
(B) In any action or proceeding in which a child support 12,705
order is issued or modified on or after July 1, 1990, under 12,706
Chapter 3115. or section 2151.23, 2151.231, 2151.232, 2151.33, 12,707
310
2151.36, 2151.49, 3105.18, 3105.21, 3109.05, 3109.19, 3111.13, 12,710
3113.04, 3113.07, 3113.216, or 3113.31 of the Revised Code, the 12,712
child support enforcement agency shall determine whether the 12,713
obligor or obligee has satisfactory health insurance coverage, 12,714
other than medical assistance under Title XIX of the "Social 12,715
Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended, 12,716
for the children who are the subject of the child support order. 12,717
If the agency determines that neither the obligor nor the obligee 12,718
has satisfactory health insurance coverage for the children, it 12,719
shall file a motion with the court requesting the court to issue 12,720
an order in accordance with divisions (C) to (K) of this section. 12,721
(C) In any action or proceeding in which a child support 12,723
order is issued or modified on or after July 1, 1990, under 12,724
Chapter 3115. or section 2151.23, 2151.231, 2151.33, 2151.36, 12,725
2151.49, 3105.18, 3105.21, 3109.05, 3109.19, 3111.13, 3113.04, 12,727
3113.07, 3113.216, or 3113.31 of the Revised Code, in addition to 12,729
any requirements in those sections, the court also shall issue a 12,730
separate order that includes all DETERMINE THE PARENT RESPONSIBLE 12,731
FOR THE HEALTH CARE OF THE CHILDREN SUBJECT TO THE CHILD SUPPORT 12,732
ORDER AND SHALL INCLUDE IN THE ORDER ONE of the following: 12,733
(1) A requirement that the obligor under the child support 12,735
order obtain health insurance coverage for the children who are 12,736
the subject of the child support order from an insurer that 12,737
provides a group health insurance or health care policy, 12,738
contract, or plan that is specified in the order and a 12,739
requirement that the obligor, no later than thirty days after the 12,740
issuance of the order under division (C)(1) of this section, 12,741
furnish written proof to the child support enforcement agency 12,742
that the required health insurance coverage has been obtained, if 12,743
that coverage is available at a reasonable cost through a group 12,744
health insurance or health care policy, contract, or plan offered 12,745
by the obligor's employer or through any other group health 12,746
insurance or health care policy, contract, or plan available to 12,747
the obligor and if health insurance coverage for the children IT 12,748
311
is not available for a more reasonable cost through a group 12,750
health insurance or health care policy, contract, or plan 12,751
available to the obligee under the child support order; 12,752
(2) If the obligor is required under division (C)(1) of 12,754
this section to obtain health insurance coverage for the children 12,755
who are the subject of the child support order, a requirement 12,756
that the obligor supply the obligee with information regarding 12,757
the benefits, limitations, and exclusions of the health insurance 12,758
coverage, copies of any insurance forms necessary to receive 12,759
reimbursement, payment, or other benefits under the health 12,760
insurance coverage, and a copy of any necessary insurance cards, 12,761
a requirement that the obligor submit a copy of the court order 12,762
issued pursuant to division (C) of this section to the insurer at 12,763
the time that the obligor makes application to enroll the 12,764
children in the health insurance or health care policy, contract, 12,765
or plan, and a requirement that the obligor, no later than thirty 12,766
days after the issuance of the order under division (C)(2) of 12,767
this section, furnish written proof to the child support 12,768
enforcement agency that division (C)(2) of this section has been 12,769
complied with; 12,770
(3) A requirement that the obligee under the child support 12,772
order obtain health insurance coverage for the children who are 12,773
the subject of the child support order from an insurer that 12,774
provides a group health insurance or health care policy, 12,775
contract, or plan that is specified in the order and a 12,776
requirement that the obligee, no later than thirty days after the 12,777
issuance of the order under division (C)(1) of this section, 12,778
furnish written proof to the child support enforcement agency 12,779
that the required health insurance coverage has been obtained, if 12,780
that coverage is available through a group health insurance or 12,781
health care policy, contract, or plan offered by the obligee's 12,782
employer or through any other group health insurance or health 12,783
care policy, contract, or plan available to the obligee and if 12,784
that coverage IT is available at a more reasonable cost than 12,785
312
health insurance SUCH coverage for the children through a group 12,787
health insurance or health care policy, contract, or plan IS 12,788
available to the obligor; 12,789
(4) If the obligee is required under division (C)(3) of 12,791
this section to obtain health insurance coverage for the children 12,792
who are the subject of the child support order, a requirement 12,793
that the obligee submit a copy of the court order issued pursuant 12,794
to division (C) of this section to the insurer at the time that 12,795
the obligee makes application to enroll the children in the 12,796
health insurance or health care policy, contract, or plan; 12,797
(5) A list of the group health insurance and health care 12,799
policies, contracts, and plans that the court determines are 12,800
available at a reasonable cost to the obligor or to the obligee 12,801
and the name of the insurer that issues each policy, contract, or 12,802
plan; 12,803
(6) A statement setting forth the name, address, and 12,805
telephone number of the individual who is to be reimbursed for 12,806
out-of-pocket medical, optical, hospital, dental, or prescription 12,807
expenses paid for each child who is the subject of the support 12,808
order and a statement that the insurer that provides the health 12,809
insurance coverage for the children may continue making payment 12,810
for medical, optical, hospital, dental, or prescription services 12,811
directly to any health care provider in accordance with the 12,812
applicable health insurance or health care policy, contract, or 12,813
plan; 12,814
(7) A requirement that the obligor and the obligee 12,816
designate the children who are the subject of the child support 12,817
order as covered dependents under any health insurance or health 12,818
care policy, contract, or plan for which they contract; 12,819
(8) A requirement that the obligor, the obligee, or both 12,821
of them under a formula established by the court pay co-payment 12,822
or deductible costs required under the health insurance or health 12,823
care policy, contract, or plan that covers the children; 12,824
(9)(3) If health insurance coverage for the children who 12,826
313
are the subject of the order is not available at a reasonable 12,828
cost through a group health insurance or health care policy, 12,829
contract, or plan offered by the obligor's employer or through 12,830
any other group health insurance or health care policy, contract, 12,831
or plan available to the obligor and is not available at a 12,832
reasonable cost through a group health insurance or health care 12,833
policy, contract, or plan offered by the obligee's employer or 12,834
through any other group health insurance or health care policy, 12,835
contract, or plan available to OR the obligee, a requirement that 12,836
the obligor and the obligee share liability for the cost of the 12,837
medical and health care needs of the children who are the subject 12,838
of the order, under an equitable formula established by the 12,839
court, and a requirement that if, after the issuance of the 12,840
order, health insurance coverage for the children who are the 12,841
subject of the order becomes available at a reasonable cost 12,842
through a group health insurance or health care policy, contract, 12,843
or plan offered by the obligor's or obligee's employer or through 12,844
any other group health insurance or health care policy, contract, 12,845
or plan available to the obligor or obligee, the obligor or 12,846
obligee to whom the coverage becomes available immediately inform 12,847
the court of that fact. 12,848
(10) A notice that, if the obligor is required under 12,850
divisions (C)(1) and (2) of this section to obtain health 12,851
insurance coverage for the children who are the subject of the 12,852
child support order and if the obligor fails to comply with the 12,853
requirements of those divisions, the court immediately shall 12,854
issue an order to the employer of the obligor, upon written 12,855
notice from the child support enforcement agency, requiring the 12,856
employer to take whatever action is necessary to make application 12,857
to enroll the obligor in any available group health insurance or 12,858
health care policy, contract, or plan with coverage for the 12,859
children who are the subject of the child support order, to 12,860
submit a copy of the court order issued pursuant to division (C) 12,861
of this section to the insurer at the time that the employer 12,862
314
makes application to enroll the children in the health insurance 12,863
or health care policy, contract, or plan, and, if the obligor's 12,864
application is accepted, to deduct any additional amount from the 12,865
obligor's earnings necessary to pay any additional cost for that 12,866
health insurance coverage; 12,867
(11) A notice that during the time that an order under 12,869
this section is in effect, the employer of the obligor is 12,870
required to release to the obligee or the child support 12,871
enforcement agency upon written request any necessary information 12,872
on the health insurance coverage of the obligor, including, but 12,873
not limited to, the name and address of the insurer and any 12,874
policy, contract, or plan number, and to otherwise comply with 12,875
this section and any court order issued under this section; 12,876
(12) A statement setting forth the full name and date of 12,878
birth of each child who is the subject of the child support 12,879
order; 12,880
(13) A requirement that the obligor and the obligee comply 12,882
with any requirement described in division (C)(1), (2), (3), (4), 12,883
or (7) of this section that is contained in the order issued 12,884
under this section no later than thirty days after the issuance 12,885
of the order. 12,886
(D) In any action in which a child support order is issued 12,888
or modified on or after July 1, 1990, under Chapter 3115. or 12,889
section 2151.23, 2151.231, 2151.33, 2151.36, 2151.49, 3105.18, 12,890
3105.21, 3109.05, 3109.19, 3111.13, 3113.04, 3113.07, 3113.216, 12,892
or 3113.31 of the Revised Code, the court, in addition to any 12,893
requirements in those sections and in lieu of an order issued 12,894
under division (C) of this section, may issue a separate order 12,895
requiring both;
(4) A REQUIREMENT THAT BOTH the obligor and the obligee to 12,898
obtain health insurance coverage for the children who are the 12,899
subject of the child support order, if health insurance coverage 12,900
is available for the children and if the court determines that 12,901
the coverage is available at a reasonable cost to both the 12,902
315
obligor and the obligee and that the dual coverage by both 12,903
parents would provide for coordination of medical benefits 12,904
without unnecessary duplication of coverage. If the court issues 12,905
an order under this division, it shall include in the order any 12,906
of the requirements, notices, and information set forth in 12,907
divisions (C)(1) to (13) of this section that are applicable. 12,908
(E) Any 12,910
(C) A CHILD SUPPORT ORDER ISSUED OR MODIFIED PURSUANT TO 12,913
SECTION 2151.23, 2151.231, 2151.232, 2151.33, 2151.36, 2151.49, 12,914
3105.21, 3109.05, 3109.19, 3111.13, 3113.04, 3113.07, 3113.216, 12,915
3113.31, OR 3115.30 OF THE REVISED CODE SHALL CONTAIN ALL OF THE 12,917
FOLLOWING: 12,918
(1) IF THE OBLIGOR IS REQUIRED UNDER DIVISION (B)(1) OF 12,921
THIS SECTION, THE OBLIGEE IS REQUIRED UNDER DIVISION (B)(2) OF 12,923
THIS SECTION, OR BOTH THE OBLIGOR AND OBLIGEE ARE REQUIRED UNDER 12,924
DIVISION (B)(4) OF THIS SECTION, TO PROVIDE HEALTH INSURANCE 12,926
COVERAGE FOR THE CHILDREN, A REQUIREMENT THAT THE OBLIGOR OR 12,927
OBLIGEE, WHOEVER IS REQUIRED TO OBTAIN HEALTH INSURANCE COVERAGE, 12,928
PROVIDE THE OTHER PARENT WITH INFORMATION REGARDING THE BENEFITS, 12,930
LIMITATIONS, AND EXCLUSIONS OF THE HEALTH INSURANCE COVERAGE, 12,931
COPIES OF ANY INSURANCE FORMS NECESSARY TO RECEIVE REIMBURSEMENT, 12,932
PAYMENT, OR OTHER BENEFITS UNDER THE HEALTH INSURANCE COVERAGE, 12,933
AND A COPY OF ANY NECESSARY INSURANCE CARDS, A REQUIREMENT THAT 12,934
THE OBLIGOR OR OBLIGEE, WHOEVER IS REQUIRED TO OBTAIN HEALTH 12,935
INSURANCE COVERAGE SUBMIT A COPY OF THE COURT ORDER ISSUED 12,936
PURSUANT TO DIVISION (B)(1), (2), OR (4) OF THIS SECTION TO THE 12,937
INSURER AT THE TIME THAT THE OBLIGOR OR OBLIGEE, WHOEVER IS 12,938
REQUIRED TO OBTAIN HEALTH INSURANCE COVERAGE MAKES APPLICATION TO 12,939
ENROLL THE CHILDREN IN THE HEALTH INSURANCE OR HEALTH CARE 12,940
POLICY, CONTRACT, OR PLAN, AND A REQUIREMENT THAT THE OBLIGOR OR 12,941
OBLIGEE, WHOEVER IS REQUIRED TO OBTAIN HEALTH INSURANCE COVERAGE, 12,942
FURNISH WRITTEN PROOF TO THE CHILD SUPPORT ENFORCEMENT AGENCY 12,944
THAT DIVISION (C)(1) OF THIS SECTION HAS BEEN COMPLIED WITH; 12,945
(2) A LIST OF THE GROUP HEALTH INSURANCE AND HEALTH CARE 12,947
316
POLICIES, CONTRACTS, AND PLANS THAT THE COURT DETERMINES ARE 12,948
AVAILABLE AT A REASONABLE COST TO THE OBLIGOR OR TO THE OBLIGEE 12,949
AND THE NAME OF THE INSURER THAT ISSUES EACH POLICY, CONTRACT, OR 12,950
PLAN; 12,951
(3) A STATEMENT SETTING FORTH THE NAME, ADDRESS, AND 12,953
TELEPHONE NUMBER OF THE INDIVIDUAL WHO IS TO BE REIMBURSED FOR 12,954
OUT-OF-POCKET MEDICAL, OPTICAL, HOSPITAL, DENTAL, OR PRESCRIPTION 12,955
EXPENSES PAID FOR EACH CHILD WHO IS THE SUBJECT OF THE SUPPORT 12,956
ORDER AND A STATEMENT THAT THE INSURER THAT PROVIDES THE HEALTH 12,957
INSURANCE COVERAGE FOR THE CHILDREN MAY CONTINUE MAKING PAYMENT 12,958
FOR MEDICAL, OPTICAL, HOSPITAL, DENTAL, OR PRESCRIPTION SERVICES 12,959
DIRECTLY TO ANY HEALTH CARE PROVIDER IN ACCORDANCE WITH THE 12,960
APPLICABLE HEALTH INSURANCE OR HEALTH CARE POLICY, CONTRACT, OR 12,961
PLAN; 12,962
(4) A REQUIREMENT THAT THE OBLIGOR AND THE OBLIGEE 12,964
DESIGNATE THE CHILDREN AS COVERED DEPENDENTS UNDER ANY HEALTH 12,966
INSURANCE OR HEALTH CARE POLICY, CONTRACT, OR PLAN FOR WHICH THEY 12,967
CONTRACT;
(5) A REQUIREMENT THAT THE OBLIGOR, THE OBLIGEE, OR BOTH 12,969
OF THEM UNDER A FORMULA ESTABLISHED BY THE COURT PAY CO-PAYMENT 12,970
OR DEDUCTIBLE COSTS REQUIRED UNDER THE HEALTH INSURANCE OR HEALTH 12,971
CARE POLICY, CONTRACT, OR PLAN THAT COVERS THE CHILDREN; 12,972
(6) A NOTICE THAT THE EMPLOYER OF THE OBLIGOR OR OBLIGEE 12,975
REQUIRED TO OBTAIN HEALTH INSURANCE COVERAGE IS REQUIRED TO 12,977
RELEASE TO THE OTHER PARENT OR THE CHILD SUPPORT ENFORCEMENT 12,978
AGENCY UPON WRITTEN REQUEST ANY NECESSARY INFORMATION ON THE 12,979
HEALTH INSURANCE COVERAGE, INCLUDING, BUT NOT LIMITED TO, THE 12,980
NAME AND ADDRESS OF THE INSURER AND ANY POLICY, CONTRACT, OR PLAN 12,981
NUMBER, AND TO OTHERWISE COMPLY WITH THIS SECTION AND ANY COURT 12,982
ORDER ISSUED UNDER THIS SECTION;
(7) A STATEMENT SETTING FORTH THE FULL NAME AND DATE OF 12,984
BIRTH OF EACH CHILD WHO IS THE SUBJECT OF THE CHILD SUPPORT 12,985
ORDER; 12,986
(8) A REQUIREMENT THAT THE OBLIGOR AND THE OBLIGEE COMPLY 12,988
317
WITH ANY REQUIREMENT DESCRIBED IN DIVISION (B)(1), (2), AND (4), 12,989
AND (C)(1) AND (4) OF THIS SECTION THAT IS CONTAINED IN THE ORDER 12,991
ISSUED UNDER THIS SECTION NO LATER THAN THIRTY DAYS AFTER THE 12,992
ISSUANCE OF THE ORDER. 12,993
(9) A NOTICE THAT, IF THE OBLIGOR OR OBLIGEE IS REQUIRED 12,995
TO OBTAIN HEALTH INSURANCE COVERAGE PURSUANT TO THE CHILD SUPPORT 12,997
ORDER FOR THE CHILDREN AND IF THE OBLIGOR OR OBLIGEE FAILS TO 12,998
OBTAIN THE HEALTH INSURANCE COVERAGE, THE CHILD SUPPORT
ENFORCEMENT AGENCY SHALL COMPLY WITH DIVISION (D) OF THIS SECTION 13,000
TO OBTAIN A COURT ORDER REQUIRING THE OBLIGOR OR OBLIGEE TO 13,001
OBTAIN THE HEALTH INSURANCE COVERAGE; 13,002
(10) A NOTICE THAT STATES THE FOLLOWING: "IF THE PERSON 13,004
REQUIRED TO OBTAIN HEALTH CARE INSURANCE COVERAGE FOR THE 13,005
CHILDREN SUBJECT TO THIS CHILD SUPPORT ORDER OBTAINS NEW 13,006
EMPLOYMENT AND THE HEALTH INSURANCE COVERAGE FOR THE CHILDREN IS 13,007
PROVIDED THROUGH THE PREVIOUS EMPLOYER, THE AGENCY SHALL COMPLY 13,008
WITH THE REQUIREMENTS OF DIVISION (E) OF SECTION 3113.217 OF THE 13,010
REVISED CODE WHICH MAY RESULT IN THE ISSUANCE OF A NOTICE 13,013
REQUIRING THE NEW EMPLOYER TO TAKE WHATEVER ACTION IS NECESSARY 13,014
TO ENROLL THE CHILDREN IN HEALTH CARE INSURANCE COVERAGE PROVIDED 13,015
BY THE NEW EMPLOYER."
(D) IF AN OBLIGOR OR OBLIGEE REQUIRED TO OBTAIN HEALTH 13,017
INSURANCE COVERAGE PURSUANT TO A CHILD SUPPORT ORDER ISSUED IN 13,019
ACCORDANCE WITH THIS SECTION DOES NOT OBTAIN THE REQUIRED HEALTH 13,020
INSURANCE COVERAGE WITHIN THIRTY DAYS AFTER THE CHILD SUPPORT 13,021
ORDER IS ISSUED, THE CHILD SUPPORT ENFORCEMENT AGENCY SHALL 13,022
NOTIFY THE COURT IN WRITING OF THE FAILURE OF THE OBLIGOR TO 13,023
COMPLY WITH THE CHILD SUPPORT ORDER. ON RECEIPT OF THE NOTICE 13,024
FROM THE AGENCY, THE COURT SHALL ISSUE AN ORDER TO THE EMPLOYER 13,025
OF THE OBLIGOR OR OBLIGEE REQUIRED TO OBTAIN HEALTH INSURANCE 13,026
COVERAGE REQUIRING THE EMPLOYER TO TAKE WHATEVER ACTION IS 13,027
NECESSARY TO MAKE APPLICATION TO ENROLL THE OBLIGOR OR OBLIGEE 13,028
REQUIRED TO OBTAIN HEALTH INSURANCE COVERAGE IN ANY AVAILABLE 13,029
GROUP HEALTH INSURANCE OR HEALTH CARE POLICY, CONTRACT, OR PLAN 13,030
318
WITH COVERAGE FOR THE CHILDREN, TO SUBMIT A COPY OF THE CHILD 13,032
SUPPORT ORDER TO THE INSURER AT THE TIME THAT THE EMPLOYER MAKES 13,033
APPLICATION TO ENROLL THE CHILDREN IN THE HEALTH INSURANCE OR 13,034
HEALTH CARE POLICY, CONTRACT, OR PLAN, AND, IF THE APPLICATION IS 13,035
ACCEPTED, TO DEDUCT FROM THE WAGES OR OTHER INCOME OF THE OBLIGOR 13,036
OR OBLIGEE REQUIRED TO OBTAIN HEALTH INSURANCE COVERAGE THE COST 13,037
OF THE COVERAGE FOR THE CHILDREN. UPON RECEIPT OF ANY ORDER 13,039
UNDER THIS DIVISION, THE EMPLOYER SHALL TAKE WHATEVER ACTION IS 13,040
NECESSARY TO COMPLY WITH THE ORDER.
(E)(1) IF AN OBLIGOR OR OBLIGEE IS REQUIRED TO OBTAIN 13,043
HEALTH INSURANCE COVERAGE PURSUANT TO A CHILD SUPPORT ORDER 13,044
ISSUED IN ACCORDANCE WITH THIS SECTION AND THE OBLIGOR OR OBLIGEE 13,045
OBTAINS HEALTH INSURANCE COVERAGE FOR THE CHILDREN THROUGH AN 13,046
EMPLOYER AND SUBSEQUENTLY OBTAINS NEW EMPLOYMENT, THE CHILD 13,047
SUPPORT ENFORCEMENT AGENCY SHALL INVESTIGATE WHETHER THE NEW 13,048
EMPLOYER OFFERS HEALTH INSURANCE COVERAGE THAT WOULD COVER THE 13,049
CHILDREN. IF THE AGENCY DETERMINES THAT THE NEW EMPLOYER 13,050
PROVIDES HEALTH INSURANCE COVERAGE THAT WOULD COVER THE CHILDREN, 13,051
THE AGENCY SHALL SEND A NOTICE DESCRIBED IN DIVISION (E)(2) OF 13,053
THIS SECTION AND A COPY OF THE CHILD SUPPORT ORDER TO THE NEW 13,054
EMPLOYER AND SHALL SEND A COPY OF THE NOTICE TO THE OBLIGOR OR 13,055
OBLIGEE REQUIRED TO OBTAIN HEALTH INSURANCE COVERAGE UNDER THE 13,056
CHILD SUPPORT ORDER. ON RECEIPT OF THE NOTICE, THE NEW EMPLOYER 13,057
SHALL COMPLY WITH ITS PROVISIONS. 13,058
(2) THE NOTICE REQUIRED BY DIVISION (E)(1) SHALL CONTAIN 13,061
THE FOLLOWING: 13,062
(a) A REQUIREMENT THAT THE NEW EMPLOYER TAKE WHATEVER 13,065
ACTION IS NECESSARY TO MAKE APPLICATION TO ENROLL THE OBLIGOR OR 13,066
OBLIGEE REQUIRED TO OBTAIN HEALTH INSURANCE COVERAGE IN ANY 13,067
AVAILABLE GROUP HEALTH INSURANCE OR HEALTH CARE POLICY, CONTRACT, 13,068
OR PLAN WITH COVERAGE FOR THE CHILDREN;
(b) A REQUIREMENT THAT THE NEW EMPLOYER SUBMIT A COPY OF 13,071
THE CHILD SUPPORT ORDER REQUIRING THE OBLIGOR OR OBLIGEE TO 13,072
OBTAIN HEALTH CARE INSURANCE FOR THE CHILDREN TO THE INSURER AT 13,073
319
THE TIME THAT THE EMPLOYER MAKES APPLICATION TO ENROLL THE
CHILDREN IN THE HEALTH INSURANCE OR HEALTH CARE POLICY, CONTRACT, 13,075
OR PLAN;
(c) A REQUIREMENT THAT, IF THE APPLICATION IS ACCEPTED, 13,078
THE NEW EMPLOYER DEDUCT FROM THE WAGES OR OTHER INCOME OF THE 13,079
OBLIGOR OR OBLIGEE REQUIRED TO OBTAIN THE HEALTH INSURANCE 13,080
COVERAGE THE COST OF THE COVERAGE FOR THE CHILDREN. 13,081
(d) A STATEMENT THAT THE PROVISIONS OF THE NOTICE ARE 13,084
FINAL AND ENFORCEABLE BY A COURT AND ARE INCORPORATED INTO THE 13,085
CHILD SUPPORT ORDER UNLESS THE OBLIGOR OR OBLIGEE REQUIRED TO 13,086
OBTAIN HEALTH INSURANCE COVERAGE, WITHIN TEN DAYS AFTER THE DATE 13,087
ON WHICH THE NOTICE IS SENT, FILES A WRITTEN REQUEST WITH THE 13,088
AGENCY REQUESTING MODIFICATION OF THE CHILD SUPPORT ORDER
PURSUANT TO SECTION 3113.216 OF THE REVISED CODE. 13,091
(F) A CHILD SUPPORT order issued under IN ACCORDANCE WITH, 13,094
OR ANY ORDER ISSUED UNDER DIVISION (D) OF, this section shall be 13,095
binding upon the obligor and the obligee, their employers, and 13,096
any insurer that provides health insurance coverage for either of 13,097
them or their children. The court shall send a copy of any THE 13,098
CHILD SUPPORT OR OTHER order issued under this section that 13,100
contains any requirement or notice described in division (C)(1), 13,101
(2), (3), (4), (7), (8), or (10) of this section by ordinary mail 13,102
to the obligor, the obligee, and any employer that is subject to 13,103
the order. The court shall send a copy of any order issued under 13,104
this section that contains any requirement contained in division 13,105
(C)(9) of this section by ordinary mail to the obligor and 13,106
obligee.
(F) If an obligor does not comply with any order issued 13,108
under this section that contains any requirement or notice 13,109
described in division (C)(1), (2), (4), (7), (8), or (10) of this 13,110
section within thirty days after the order is issued, the child 13,111
support enforcement agency shall notify the court in writing of 13,112
the failure of the obligor to comply with the order. Upon 13,113
receipt of the notice from the agency, the court shall issue an 13,114
320
order to the employer of the obligor requiring the employer to 13,115
take whatever action is necessary to make application to enroll 13,116
the obligor in any available group health insurance or health 13,117
care policy, contract, or plan with coverage for the children who 13,118
are the subject of the child support order, to submit a copy of 13,119
the court order issued pursuant to division (C) of this section 13,120
to the insurer at the time that the employer makes application to 13,121
enroll the children in the health insurance or health care 13,122
policy, contract, or plan, and, if the obligor's application is 13,123
accepted, to deduct from the wages or other income of the obligor 13,124
the cost of the coverage for the children. Upon receipt of any 13,125
order under this division, the employer shall take whatever 13,126
action is necessary to comply with the order. 13,127
(G)(1) During the time that any CHILD SUPPORT order issued 13,129
under IN ACCORDANCE WITH, OR ORDER ISSUED UNDER DIVISION (D) OF, 13,131
this section is in effect and after the employer has received a 13,132
copy of the order, the employer of the obligor who is the subject 13,133
of OR OBLIGEE REQUIRED TO COMPLY WITH the order shall comply with 13,135
the order and, upon request from the obligee OTHER PARENT or THE 13,136
agency, shall release to the obligee THAT PARENT and the child 13,137
support enforcement agency all information about the obligor's 13,138
health insurance coverage that is necessary to ensure compliance 13,139
with this section or any THE order issued under this section, 13,141
including, but not limited to, the name and address of the 13,142
insurer and any policy, contract, or plan number. Any 13,143
information provided by an employer pursuant to this division 13,144
shall be used only for the purpose of the enforcement of an THE 13,145
order issued under this section. 13,147
(2) Any employer who receives a copy of an order issued 13,149
under DESCRIBED IN DIVISION (G)(1) OF this section shall notify 13,151
the child support enforcement agency of any change in or the 13,152
termination of the obligor's health insurance coverage that is 13,153
maintained pursuant to an THE order issued under this section. 13,155
(G)(3) Any insurer that receives a copy of an order issued 13,157
321
under DESCRIBED IN DIVISION (G)(1) OF this section shall comply 13,159
with this section and any order issued under this section, 13,160
regardless of the residence of the children. If an insurer 13,161
provides health insurance coverage for the children who are the 13,162
subject of a child support order in accordance with an THE CHILD 13,163
SUPPORT order OR AN ORDER issued under DIVISION (D) OF this 13,164
section, the insurer shall reimburse the parent, who is 13,165
designated to receive reimbursement in the CHILD SUPPORT order 13,166
issued under this section, for covered out-of-pocket medical, 13,168
optical, hospital, dental, or prescription expenses incurred on 13,169
behalf of the children subject to the order.
(H) If an obligee under a child support order ISSUED IN 13,171
ACCORDANCE WITH SECTION 2151.23, 2151.231, 2151.232, 2151.33, 13,172
2151.36, 2151.49, 3105.21, 3109.05, 3109.19, 3111.13, 3113.04, 13,174
3113.07, 3113.216, 3113.31, OR 3115.30 is eligible for medical 13,176
assistance under Chapter 5111. or 5115. of the Revised Code and 13,177
the obligor has obtained health insurance coverage pursuant to an 13,178
order issued under division (C) of this section, the obligee 13,179
shall notify any physician, hospital, or other provider of 13,180
medical services for which medical assistance is available of the 13,181
name and address of the obligor's insurer and of the number of 13,182
the obligor's health insurance or health care policy, contract, 13,183
or plan. Any physician, hospital, or other provider of medical 13,184
services for which medical assistance is available under Chapter 13,185
5111. or 5115. of the Revised Code who is notified under this 13,186
division of the existence of a health insurance or health care 13,187
policy, contract, or plan with coverage for children who are 13,188
eligible for medical assistance first shall bill the insurer for 13,189
any services provided for those children. If the insurer fails 13,190
to pay all or any part of a claim filed under this division by 13,191
the physician, hospital, or other medical services provider and 13,192
the services for which the claim is filed are covered by Chapter 13,193
5111. or 5115. of the Revised Code, the physician, hospital, or
other medical services provider shall bill the remaining unpaid 13,194
322
costs of the services in accordance with Chapter 5111. or 5115. 13,195
of the Revised Code. 13,196
(I) Any obligor who fails to comply with an A CHILD 13,198
SUPPORT order issued under IN ACCORDANCE WITH, OR AN ORDER ISSUED 13,200
UNDER DIVISION (D) OF, this section is liable to the obligee for 13,201
any medical expenses incurred as a result of the failure to 13,203
comply with the order. AN OBLIGEE WHO FAILS TO COMPLY WITH A 13,205
CHILD SUPPORT ORDER ISSUED IN ACCORDANCE WITH, OR AN ORDER ISSUED 13,206
UNDER DIVISION (D) OF, THIS SECTION IS LIABLE TO THE OBLIGOR FOR 13,208
ANY MEDICAL EXPENSES INCURRED AS A RESULT OF THE FAILURE TO 13,209
COMPLY WITH THE ORDER.
(J) Whoever violates an A CHILD SUPPORT order issued under 13,212
IN ACCORDANCE WITH, OR AN ORDER ISSUED UNDER DIVISION (D) OF, 13,213
this section may be punished as for contempt under Chapter 2705. 13,214
of the Revised Code. If an obligor is found in contempt under 13,215
that chapter for failing to comply with an A CHILD SUPPORT order 13,216
issued under IN ACCORDANCE WITH, OR AN ORDER ISSUED UNDER 13,217
DIVISION (D) OF, this section and if the obligor previously has 13,219
been found in contempt under that chapter, the court shall 13,220
consider the obligor's failure to comply with the court's order 13,221
as a change in circumstances for the purpose of modification of 13,222
the amount of support due under the child support order that is 13,223
the basis of the order issued under this section. 13,224
(K) Nothing in this section shall be construed to require 13,226
an insurer to accept for enrollment any child who does not meet 13,227
the underwriting standards of the health insurance or health care 13,228
policy, contract, or plan for which application is made. 13,229
(L) Notwithstanding section 3109.01 of the Revised Code, 13,231
if a court issues an order under this section requiring a parent 13,232
to obtain health insurance coverage for the children who are the 13,233
subject of a child support order, the order shall remain in 13,234
effect beyond the child's eighteenth birthday as long as the 13,235
child continuously attends on a full-time basis any recognized 13,236
and accredited high school. Any parent ordered to obtain health 13,237
323
insurance coverage for the children who are the subject of a 13,238
child support order shall continue to obtain the coverage for the 13,239
children under the order, including during seasonal vacation 13,240
periods, until the order terminates AN ORDER ISSUED PURSUANT TO 13,242
THIS SECTION PRIOR TO THE EFFECTIVE DATE OF THIS AMENDMENT TO 13,244
PROVIDE FOR THE HEALTH CARE NEEDS OF CHILDREN SUBJECT TO A CHILD 13,245
SUPPORT ORDER ISSUED PURSUANT TO SECTION 2151.23, 2151.231, 13,246
2151.232, 2151.33, 2151.36, 2151.49, 3105.21, 3109.05, 3109.19, 13,248
3111.13, 3113.04, 3113.07, 3113.216, 3113.31, OR 3115.30 OF THE 13,249
REVISED CODE, SHALL REMAIN IN FULL FORCE AND EFFECT AND SHALL BE 13,251
CONSIDERED A REQUIREMENT INCLUDED AS PART OF THE CHILD SUPPORT 13,252
ORDER. THE CHILD SUPPORT ORDER SHALL BE SUBJECT TO THE 13,253
PROVISIONS OF THIS SECTION ON AND AFTER THE EFFECTIVE DATE OF 13,254
THIS AMENDMENT.
Sec. 3113.218. (A) As used in this section, "child 13,263
support order" has the same meaning as in section 3113.215 of the 13,265
Revised Code.
(B) In any action or proceeding in which a child support 13,267
order is issued or modified on or after July 1, 1990, under 13,268
Chapter 3115. or section 2151.23, 2151.231, 2151.232, 2151.33, 13,270
2151.36, 2151.49, 3105.18, 3105.21, 3109.05, 3109.19, 3111.13, 13,271
3113.04, 3113.07, 3113.216, or 3113.31 of the Revised Code, the 13,273
court that issues or modifies the order shall include in the 13,274
order, in addition to any provision required by any of those 13,275
sections or by any other section of the Revised Code, all of the 13,276
following:
(1) A requirement that, regardless of the frequency or 13,278
amount of child support payments to be made under the order, the 13,279
child support enforcement agency that is required to administer 13,280
the order shall administer it on a monthly basis, in accordance 13,281
with this section; 13,282
(2) A specification of the monthly amount due under the 13,284
child support order for purposes of its monthly administration, 13,285
as determined under division (D) of this section; 13,286
324
(3) A statement that payments under the order are to be 13,288
made in the manner ordered by the court, and that if the payments 13,289
are to be made other than on a monthly basis, the required 13,290
monthly administration by the agency does not affect the 13,291
frequency or the amount of the child support payments to be made 13,292
under the order. 13,293
(C) If a child support enforcement agency is required by 13,295
statute or court order to administer a child support order that 13,296
was issued or modified on or after July 1, 1990, the agency shall 13,297
administer the order on a monthly basis, in accordance with the 13,298
provisions of the order that contain the information described in 13,299
division (B) of this section. 13,300
(D) If a court issues or modifies a child support order on 13,302
or after July 1, 1990, and if the child support payments due 13,303
under the order are to be made other than on a monthly basis, the 13,304
court shall calculate a monthly amount due under the child 13,305
support order, for purposes of its monthly administration, in the 13,306
following manner: 13,307
(1) If the child support order is to be paid weekly, 13,309
multiply the weekly amount of child support due under the order 13,310
by fifty-two and divide the resulting product by twelve; 13,311
(2) If the child support order is to be paid biweekly, 13,313
multiply the biweekly amount of child support due under the order 13,314
by twenty-six and divide the resulting product by twelve; 13,315
(3) If the child support order is to be paid periodically 13,317
but is not to be paid weekly, biweekly, or monthly, multiply the 13,318
periodic amount of child support due by an appropriate number to 13,319
obtain the annual amount of child support due under the order and 13,320
divide the annual amount of child support due by twelve. 13,321
(E) If the payments under a child support order are to be 13,323
made other than on a monthly basis, the required monthly 13,324
administration of the order by a child support enforcement agency 13,325
pursuant to this section shall not affect the frequency or the 13,326
amount of the child support payments to be made under the order. 13,327
325
(F) The provisions of this section do not apply in 13,329
relation to a child support order unless the order was issued or 13,330
modified on or after July 1, 1990. 13,331
Sec. 3113.219. (A) On or after July 1, 1992, when a court 13,340
issues or modifies a support order under Chapter 3115. or section 13,341
2151.23, 2151.231, 2151.232, 2151.33, 2151.36, 2151.49, 3105.18, 13,342
3105.21, 3109.05, 3109.19, 3111.13, 3113.04, 3113.07, 3113.216, 13,345
or 3113.31 of the Revised Code or in any proceeding in which a 13,346
court determines the amount of support to be paid pursuant to a 13,347
support order, the court shall determine the date the obligor 13,348
failed to pay the support required under the support order and 13,349
the amount of support the obligor failed to pay. If the court 13,350
determines the obligor has failed at any time to comply with a 13,351
support order, the court shall issue a new order requiring the 13,352
obligor to pay support. If the court determines that the failure 13,353
to pay was willful, the court shall assess interest on the amount 13,354
of support the obligor failed to pay from the date the court 13,355
specifies as the original date the obligor failed to comply with 13,356
the order requiring the payment of support to the date the court 13,357
issues the new order requiring the payment of support and shall 13,358
compute the interest at the rate specified in division (A) of 13,359
section 1343.03 of the Revised Code. The court shall specify in 13,360
the support order the amount of interest the court assessed 13,361
against the obligor and incorporate the amount of interest into 13,362
the new monthly payment plan.
(B) On or after July 1, 1992, when a court issues or 13,364
modifies a support order under Chapter 3115. or section 2151.23, 13,365
2151.231, 2151.33, 2151.36, 2151.49, 3105.18, 3105.21, 3109.05, 13,366
3109.19, 3111.13, 3113.04, 3113.07, 3113.216, or 3113.31 of the 13,367
Revised Code or in any proceeding in which a court determines the 13,368
amount of support to be paid pursuant to a support order, the 13,369
court may include in the support order a statement ordering 13,370
either party to pay the costs of the action, including, but not 13,371
limited to, attorney's fees, fees for genetic tests in contested 13,372
326
actions under sections 3111.01 to 3111.19 of the Revised Code, 13,373
and court costs.
Sec. 3113.31. (A) As used in this section: 13,382
(1) "Domestic violence" means the occurrence of one or 13,384
more of the following acts against a family or household member: 13,385
(a) Attempting to cause or recklessly causing bodily 13,387
injury; 13,388
(b) Placing another person by the threat of force in fear 13,390
of imminent serious physical harm or committing a violation of 13,391
section 2903.211 or 2911.211 of the Revised Code; 13,392
(c) Committing any act with respect to a child that would 13,394
result in the child being an abused child, as defined in section 13,395
2151.031 of the Revised Code. 13,396
(2) "Court" means the domestic relations division of the 13,398
court of common pleas in counties that have a domestic relations 13,399
division, and the court of common pleas in counties that do not 13,400
have a domestic relations division. 13,401
(3) "Family or household member" means any of the 13,403
following: 13,404
(a) Any of the following who is residing with or has 13,406
resided with the respondent: 13,407
(i) A spouse, a person living as a spouse, or a former 13,409
spouse of the respondent; 13,410
(ii) A parent or a child of the respondent, or another 13,412
person related by consanguinity or affinity to the respondent; 13,413
(iii) A parent or a child of a spouse, person living as a 13,415
spouse, or former spouse of the respondent, or another person 13,416
related by consanguinity or affinity to a spouse, person living 13,417
as a spouse, or former spouse of the respondent. 13,418
(b) The natural parent of any child of whom the respondent 13,420
is the other natural parent or is the putative other natural 13,421
parent.
(4) "Person living as a spouse" means a person who is 13,423
living or has lived with the respondent in a common law marital 13,424
327
relationship, who otherwise is cohabiting with the respondent, or 13,426
who otherwise has cohabited with the respondent within five years 13,427
prior to the date of the alleged occurrence of the act in
question.
(5) "Victim advocate" means a person who provides support 13,429
and assistance for a person who files a petition under this 13,430
section.
(B) The court has jurisdiction over all proceedings under 13,432
this section. The petitioner's right to relief under this 13,433
section is not affected by the petitioner's leaving the residence 13,434
or household to avoid further domestic violence. 13,435
(C) A person may seek relief under this section on the 13,437
person's own behalf, or any parent or adult household member may 13,439
seek relief under this section on behalf of any other family or
household member, by filing a petition with the court. The 13,440
petition shall contain or state: 13,441
(1) An allegation that the respondent engaged in domestic 13,443
violence against a family or household member of the respondent, 13,444
including a description of the nature and extent of the domestic 13,445
violence; 13,446
(2) The relationship of the respondent to the petitioner, 13,448
and to the victim if other than the petitioner; 13,449
(3) A request for relief under this section. 13,451
(D)(1) If a person who files a petition pursuant to this 13,453
section requests an ex parte order, the court shall hold an ex 13,454
parte hearing on the same day that the petition is filed. The 13,455
court, for good cause shown at the ex parte hearing, may enter 13,456
any temporary orders, with or without bond, including, but not 13,457
limited to, an order described in division (E)(1)(a), (b), or (c) 13,458
of this section, that the court finds necessary to protect the 13,459
family or household member from domestic violence. Immediate and 13,460
present danger of domestic violence to the family or household 13,461
member constitutes good cause for purposes of this section. 13,462
Immediate and present danger includes, but is not limited to, 13,463
328
situations in which the respondent has threatened the family or 13,464
household member with bodily harm or in which the respondent 13,465
previously has been convicted of or pleaded guilty to an offense 13,467
that constitutes domestic violence against the family or
household member. 13,468
(2)(a) If the court, after an ex parte hearing, issues an 13,470
order described in division (E)(1)(b) or (c) of this section, the 13,471
court shall schedule a full hearing for a date that is within 13,472
seven court days after the ex parte hearing. If any other type 13,473
of protection order that is authorized under division (E) of this 13,474
section is issued by the court after an ex parte hearing, the 13,475
court shall schedule a full hearing for a date that is within ten 13,476
court days after the ex parte hearing. The court shall give the 13,477
respondent notice of, and an opportunity to be heard at, the full 13,479
hearing. The court shall hold the full hearing on the date 13,480
scheduled under this division unless the court grants a 13,481
continuance of the hearing in accordance with this division.
Under any of the following circumstances or for any of the 13,482
following reasons, the court may grant a continuance of the full 13,483
hearing to a reasonable time determined by the court: 13,484
(i) Prior to the date scheduled for the full hearing under 13,486
this division, the respondent has not been served with the 13,487
petition filed pursuant to this section and notice of the full 13,488
hearing.
(ii) The parties consent to the continuance. 13,490
(iii) The continuance is needed to allow a party to obtain 13,492
counsel. 13,493
(iv) The continuance is needed for other good cause. 13,495
(b) An ex parte order issued under this section does not 13,497
expire because of a failure to serve notice of the full hearing 13,498
upon the respondent before the date set for the full hearing 13,499
under division (D)(2)(a) of this section or because the court 13,500
grants a continuance under that division. 13,501
(3) If a person who files a petition pursuant to this 13,503
329
section does not request an ex parte order, or if a person 13,504
requests an ex parte order but the court does not issue an ex 13,505
parte order after an ex parte hearing, the court shall proceed as 13,506
in a normal civil action and grant a full hearing on the matter. 13,507
(E)(1) After an ex parte or full hearing, the court may 13,509
grant any protection order, with or without bond, or approve any 13,510
consent agreement to bring about a cessation of domestic violence 13,511
against the family or household members. The order or agreement 13,512
may: 13,513
(a) Direct the respondent to refrain from abusing the 13,515
family or household members; 13,516
(b) Grant possession of the residence or household to the 13,518
petitioner or other family or household member, to the exclusion 13,519
of the respondent, by evicting the respondent, when the residence 13,520
or household is owned or leased solely by the petitioner or other 13,521
family or household member, or by ordering the respondent to 13,522
vacate the premises, when the residence or household is jointly 13,523
owned or leased by the respondent, and the petitioner or other 13,524
family or household member; 13,525
(c) When the respondent has a duty to support the 13,527
petitioner or other family or household member living in the 13,528
residence or household and the respondent is the sole owner or 13,529
lessee of the residence or household, grant possession of the 13,530
residence or household to the petitioner or other family or 13,531
household member, to the exclusion of the respondent, by ordering 13,532
the respondent to vacate the premises, or, in the case of a 13,533
consent agreement, allow the respondent to provide suitable, 13,534
alternative housing; 13,535
(d) Temporarily allocate parental rights and 13,537
responsibilities for the care of, or establish temporary 13,538
visitation rights with regard to, minor children, if no other 13,539
court has determined, or is determining, the allocation of 13,540
parental rights and responsibilities for the minor children or 13,541
visitation rights; 13,542
330
(e) Require the respondent to maintain support, if the 13,544
respondent customarily provides for or contributes to the support 13,545
of the family or household member, or if the respondent has a 13,546
duty to support the petitioner or family or household member; 13,547
(f) Require the respondent, petitioner, victim of domestic 13,549
violence, or any combination of those persons, to seek 13,550
counseling; 13,551
(g) Require the respondent to refrain from entering the 13,553
residence, school, business, or place of employment of the 13,554
petitioner or family or household member; 13,555
(h) Grant other relief that the court considers equitable 13,557
and fair, including, but not limited to, ordering the respondent 13,558
to permit the use of a motor vehicle by the petitioner or other 13,559
family or household member and the apportionment of household and 13,560
family personal property. 13,561
(2) If a protection order has been issued pursuant to this 13,563
section in a prior action involving the respondent and the 13,564
petitioner or one or more of the family or household members, the 13,565
court may include in a protection order that it issues a 13,566
prohibition against the respondent returning to the residence or 13,567
household. If it includes a prohibition against the respondent 13,569
returning to the residence or household in the order, it also 13,570
shall include in the order provisions of the type described in 13,571
division (E)(7) of this section. This division does not preclude 13,573
the court from including in a protection order or consent 13,574
agreement, in circumstances other than those described in this 13,575
division, a requirement that the respondent be evicted from or 13,576
vacate the residence or household or refrain from entering the 13,577
residence, school, business, or place of employment of the 13,578
petitioner or a family or household member, and, if the court 13,579
includes any requirement of that type in an order or agreement, 13,580
the court also shall include in the order provisions of the type 13,581
described in division (E)(7) of this section. 13,582
(3)(a) Any protection order issued or consent agreement 13,585
331
approved under this section shall be valid until a date certain, 13,586
but not later than five years from the date of its issuance or 13,587
approval.
(b) Subject to the limitation on the duration of an order 13,589
or agreement set forth in division (E)(3)(a) of this section, any 13,590
order under division (E)(1)(d) of this section shall terminate on 13,591
the date that a court in an action for divorce, dissolution of 13,593
marriage, or legal separation brought by the petitioner or
respondent issues an order allocating parental rights and 13,594
responsibilities for the care of children or on the date that a 13,595
juvenile court in an action brought by the petitioner or 13,596
respondent issues an order awarding legal custody of minor 13,597
children. Subject to the limitation on the duration of an order
or agreement set forth in division (E)(3)(a) of this section, any 13,598
order under division (E)(1)(e) of this section shall terminate on 13,599
the date that a court in an action for divorce, dissolution of 13,600
marriage, or legal separation brought by the petitioner or 13,601
respondent issues a support order or on the date that a juvenile 13,602
court in an action brought by the petitioner or respondent issues
a support order. 13,603
(c) Any protection order issued or consent agreement 13,606
approved pursuant to this section may be renewed in the same 13,607
manner as the original order or agreement was issued or approved. 13,608
(4) A court may not issue a protection order that requires 13,610
a petitioner to do or to refrain from doing an act that the court 13,611
may require a respondent to do or to refrain from doing under 13,612
division (E)(1)(a), (b), (c), (d), (e), (g), or (h) of this 13,613
section unless all of the following apply:
(a) The respondent files a separate petition for a 13,615
protection order in accordance with this section. 13,616
(b) The petitioner is served notice of the respondent's 13,618
petition at least forty-eight hours before the court holds a 13,619
hearing with respect to the respondent's petition, or the 13,620
petitioner waives the right to receive this notice. 13,621
332
(c) If the petitioner has requested an ex parte order 13,623
pursuant to division (D) of this section, the court does not 13,624
delay any hearing required by that division beyond the time 13,625
specified in that division in order to consolidate the hearing 13,626
with a hearing on the petition filed by the respondent.
(d) After a full hearing at which the respondent presents 13,628
evidence in support of the request for a protection order and the 13,629
petitioner is afforded an opportunity to defend against that 13,630
evidence, the court determines that the petitioner has committed 13,631
an act of domestic violence or has violated a temporary 13,632
protection order issued pursuant to section 2919.26 of the
Revised Code, that both the petitioner and the respondent acted 13,633
primarily as aggressors, and that neither the petitioner nor the 13,634
respondent acted primarily in self-defense. 13,635
(5) No protection order issued or consent agreement 13,637
approved under this section shall in any manner affect title to 13,639
any real property.
(6)(a) If a petitioner, or the child of a petitioner, who 13,641
obtains a protection order or consent agreement pursuant to 13,642
division (E)(1) of this section or a temporary protection order 13,643
pursuant to section 2919.26 of the Revised Code and is the 13,644
subject of a visitation or companionship order issued pursuant to 13,645
section 3109.051, 3109.11, or 3109.12 of the Revised Code or 13,646
division (E)(1)(d) of this section granting visitation or 13,647
companionship rights to the respondent, the court may require the 13,648
public children services agency of the county in which the court 13,649
is located to provide supervision of the respondent's exercise of
visitation or companionship rights with respect to the child for 13,650
a period not to exceed nine months, if the court makes the 13,651
following findings of fact: 13,652
(i) The child is in danger from the respondent; 13,654
(ii) No other person or agency is available to provide the 13,656
supervision or other services. 13,657
(b) A court that requires an agency to provide supervision 13,659
333
or other services pursuant to division (E)(6)(a) of this section 13,662
shall order the respondent to reimburse the agency for the cost 13,663
of providing the supervision or other services, if it determines
that the respondent has sufficient income or resources to pay 13,665
that cost.
(7)(a) If a protection order issued or consent agreement 13,667
approved under this section includes a requirement that the 13,668
respondent be evicted from or vacate the residence or household 13,669
or refrain from entering the residence, school, business, or 13,670
place of employment of the petitioner or a family or household 13,671
member, the order or agreement shall state clearly that the order 13,672
or agreement cannot be waived or nullified by an invitation to 13,673
the respondent from the petitioner or other family or household 13,674
member to enter the residence, school, business, or place of 13,675
employment or by the respondent's entry into one of those places 13,676
otherwise upon the consent of the petitioner or other family or 13,677
household member. 13,678
(b) Division (E)(7)(a) of this section does not limit any 13,681
discretion of a court to determine that a respondent charged with 13,682
a violation of section 2919.27 of the Revised Code, with a 13,683
violation of a municipal ordinance substantially equivalent to 13,684
that section, or with contempt of court, which charge is based on 13,685
an alleged violation of a protection order issued or consent 13,686
aggreement AGREEMENT approved under this section, did not commit 13,688
the violation or was not in contempt of court. 13,689
(F)(1) A copy of any protection order, or consent 13,691
agreement, that is issued or approved under this section shall be 13,692
issued by the court to the petitioner, to the respondent, and to 13,693
all law enforcement agencies that have jurisdiction to enforce 13,694
the order or agreement. The court shall direct that a copy of an 13,695
order be delivered to the respondent on the same day that the 13,696
order is entered. 13,697
(2) All law enforcement agencies shall establish and 13,699
maintain an index for the protection orders and the approved 13,700
334
consent agreements delivered to the agencies pursuant to division 13,701
(F)(1) of this section. With respect to each order and consent 13,702
agreement delivered, each agency shall note on the index, the 13,703
date and time that it received the order or consent agreement. 13,704
(3) Regardless of whether the petitioner has registered 13,706
the order or agreement in the county in which the officer's 13,707
agency has jurisdiction pursuant to division (N) of this section, 13,708
any officer of a law enforcement agency shall enforce a 13,710
protection order issued or consent agreement approved by any
court in this state in accordance with the provisions of the 13,712
order or agreement, including removing the respondent from the 13,713
premises, if appropriate.
(G) Any proceeding under this section shall be conducted 13,715
in accordance with the Rules of Civil Procedure, except that an 13,716
order under this section may be obtained with or without bond. 13,717
An order issued under this section, other than an ex parte order, 13,718
that grants a protection order or approves a consent agreement, 13,719
or that refuses to grant a protection order or approve a consent 13,720
agreement, is a final, appealable order. The remedies and 13,721
procedures provided in this section are in addition to, and not 13,723
in lieu of, any other available civil or criminal remedies. 13,724
(H) The filing of proceedings under this section does not 13,726
excuse a person from filing any report or giving any notice 13,727
required by section 2151.421 of the Revised Code or by any other 13,728
law. When a petition under this section alleges domestic 13,729
violence against minor children, the court shall report the fact, 13,730
or cause reports to be made, to a county, township, or municipal 13,731
peace officer under section 2151.421 of the Revised Code. 13,732
(I) Any law enforcement agency that investigates a 13,734
domestic dispute shall provide information to the family or 13,735
household members involved regarding the relief available under 13,736
this section and section 2919.26 of the Revised Code. 13,737
(J) Notwithstanding any provision of law to the contrary, 13,739
no court shall charge a fee for the filing of a petition pursuant 13,740
335
to this section. 13,741
(K)(1) Each order for support made or modified under this 13,743
section on or after December 31, 1993, shall include as part of 13,744
the order a general provision, as described in division (A)(1) of 13,745
section 3113.21 of the Revised Code, requiring the withholding or 13,746
deduction of wages INCOME or assets of the obligor under the 13,747
order as described in division (D) of section 3113.21 of the 13,749
Revised Code or another type of appropriate requirement as 13,750
described in division (D)(6)(3), (D)(7)(4), or (H) of that 13,751
section, to ensure that withholding or deduction from the wages 13,753
INCOME or assets of the obligor is available from the 13,754
commencement of the support order for collection of the support 13,755
and of any arrearages that occur; a statement requiring all 13,756
parties to the order to notify the child support enforcement 13,757
agency in writing of their current mailing address, their current 13,758
residence address, CURRENT RESIDENCE TELEPHONE NUMBER, CURRENT 13,759
DRIVER'S LICENSE NUMBER, and any changes in either address TO 13,760
THAT INFORMATION; and a notice that the requirement to notify the 13,761
agency of all changes in either address TO THAT INFORMATION 13,762
continues until further notice from the court. The court shall 13,764
comply with sections 3113.21 to 3113.219 of the Revised Code when 13,765
it makes or modifies an order for child support under this 13,766
section on or after April 12, 1990. 13,767
If any person required to pay child support under an order 13,769
made under this section on or after April 15, 1985, or modified 13,770
under this section on or after December 31, 1986, is found in 13,771
contempt of court for failure to make support payments under the 13,772
order, the court that makes the finding, in addition to any other 13,773
penalty or remedy imposed, shall assess all court costs arising 13,774
out of the contempt proceeding against the person and require the 13,775
person to pay any reasonable attorney's fees of any adverse 13,776
party, as determined by the court, that arose in relation to the 13,777
act of contempt. 13,778
(2) Notwithstanding section 3109.01 of the Revised Code, 13,780
336
if a court issues a child support order under this section, the 13,781
order shall remain in effect beyond the child's eighteenth 13,782
birthday as long as the child continuously attends on a full-time 13,783
basis any recognized and accredited high school OR THE ORDER 13,784
PROVIDES THAT THE DUTY OF SUPPORT OF THE CHILD CONTINUES BEYOND 13,785
THE CHILD'S EIGHTEENTH BIRTHDAY. EXCEPT IN CASES IN WHICH THE 13,786
ORDER PROVIDES THAT THE DUTY OF SUPPORT CONTINUES FOR ANY PERIOD 13,787
AFTER THE CHILD REACHES NINETEEN YEARS OF AGE, THE ORDER SHALL 13,788
NOT REMAIN IN EFFECT AFTER THE CHILD REACHES NINETEEN YEARS OF 13,789
AGE. Any parent ordered to pay support under a child support 13,790
order issued under this section shall continue to pay support 13,791
under the order, including during seasonal vacation periods, 13,792
until the order terminates. 13,793
(L)(1) A person who violates a protection order issued or 13,795
a consent agreement approved under this section is subject to the 13,796
following sanctions: 13,797
(a) Criminal prosecution for a violation of section 13,799
2919.27 of the Revised Code, if the violation of the protection 13,800
order or consent agreement constitutes a violation of that 13,801
section; 13,802
(b) Punishment for contempt of court. 13,804
(2) The punishment of a person for contempt of court for 13,806
violation of a protection order issued or a consent agreement 13,807
approved under this section does not bar criminal prosecution of 13,808
the person for a violation of section 2919.27 of the Revised 13,809
Code. However, a person punished for contempt of court is 13,810
entitled to credit for the punishment imposed upon conviction of 13,811
a violation of that section, and a person convicted of a 13,812
violation of that section shall not subsequently be punished for 13,813
contempt of court arising out of the same activity. 13,814
(M) In all stages of a proceeding under this section, a 13,816
petitioner may be accompanied by a victim advocate. 13,817
(N)(1) A petitioner who obtains a protection order or 13,819
consent agreement under this section or a temporary protection 13,820
337
order under section 2919.26 of the Revised Code may provide 13,821
notice of the issuance or approval of the order or agreement to 13,822
the judicial and law enforcement officials in any county other
than the county in which the order is issued or the agreement is 13,823
approved by registering that order or agreement in the other 13,824
county pursuant to division (N)(2) of this section and filing a 13,825
copy of the registered order or registered agreement with a law 13,826
enforcement agency in the other county in accordance with that 13,827
division. A person who obtains a protection order issued by a
court of another state may provide notice of the issuance of the 13,828
order to the judicial and law enforcement officials in any county 13,829
of this state by registering the order in that county pursuant to 13,830
section 2919.272 of the Revised Code and filing a copy of the 13,831
registered order with a law enforcement agency in that county. 13,832
(2) A petitioner may register a temporary protection 13,834
order, protection order, or consent agreement in a county other 13,835
than the county in which the court that issued the order or 13,836
approved the agreement is located in the following manner: 13,837
(a) The petitioner shall obtain a certified copy of the 13,839
order or agreement from the clerk of the court that issued the 13,840
order or approved the agreement and present that certified copy 13,841
to the clerk of the court of common pleas or the clerk of a 13,842
municipal court or county court in the county in which the order 13,843
or agreement is to be registered. 13,844
(b) Upon accepting the certified copy of the order or 13,846
agreement for registration, the clerk of the court of common 13,847
pleas, municipal court, or county court shall place an 13,848
endorsement of registration on the order or agreement and give 13,849
the petitioner a copy of the order or agreement that bears that 13,850
proof of registration. 13,851
(3) The clerk of each court of common pleas, the clerk of 13,853
each municipal court, and the clerk of each county court shall 13,854
maintain a registry of certified copies of temporary protection 13,855
orders, protection orders, or consent agreements that have been 13,856
338
issued or approved by courts in other counties and that have been 13,857
registered with the clerk. 13,858
(4) If a petitioner who obtains a protection order or 13,860
consent agreement under this section or a temporary protection 13,861
order under section 2919.26 of the Revised Code wishes to 13,862
register the order or agreement in any county other than the 13,863
county in which the order was issued or the agreement was
approved, pursuant to divisions (N)(1) to (3) of this section, 13,864
and if the petitioner is indigent, both of the following apply: 13,865
(a) If the petitioner submits to the clerk of the court 13,867
that issued the order or approved the agreement satisfactory 13,868
proof that the petitioner is indigent, the clerk may waive any 13,869
fee that otherwise would be required for providing the petitioner 13,870
with a certified copy of the order or agreement to be used for
purposes of divisions (N)(1) to (3) of this section; 13,871
(b) If the petitioner submits to the clerk of the court of 13,873
common pleas or the clerk of a municipal court or county court in 13,874
the county in which the order or agreement is to be registered 13,876
satisfactory proof that the petitioner is indigent, the clerk may 13,877
waive any fee that otherwise would be required for accepting for
registration a certified copy of the order or agreement, for 13,878
placing an endorsement of registration on the order or agreement, 13,879
or for giving the petitioner a copy of the order or agreement 13,880
that bears the proof of registration. 13,881
Sec. 3113.99. (A) For purposes of this section: 13,891
(1) "Child support order" means an order for support 13,893
issued or modified under Chapter 3115. or section 2151.23, 13,894
2151.231, 2151.232, 2151.36, 2151.49, 3105.18, 3105.21, 3109.05, 13,896
3111.13, 3113.04, 3113.07, 3113.216, or 3113.31 of the Revised 13,897
Code.
(2) "Obligor" means a person who is required to pay 13,899
support under a child support order. 13,900
(B) Whoever violates section 3113.06 of the Revised Code 13,902
is guilty of a misdemeanor of the first degree. If the offender 13,903
339
previously has been convicted of or pleaded guilty to a violation 13,904
of section 3113.06 of the Revised Code or if the court finds that 13,905
the offender has failed to pay the cost of child maintenance 13,906
under section 3113.06 of the Revised Code for a total accumulated 13,907
period of twenty-six weeks out of one hundred four consecutive 13,908
weeks, whether or not the twenty-six weeks were consecutive, a
violation of section 3113.06 of the Revised Code is a felony of 13,909
the fifth degree. 13,910
(C) An obligor who violates division (D)(1)(c) of section 13,913
3113.21 of the Revised Code shall be fined not more than fifty 13,914
dollars for a first offense, not more than one hundred dollars 13,915
for a second offense, and not more than five hundred dollars for 13,916
each subsequent offense.
(D) An obligor who violates division (G)(2) of section 13,918
3113.21 of the Revised Code shall be fined not more than fifty 13,919
dollars for a first offense, not more than one hundred dollars 13,921
for a second offense, and not more than five hundred dollars for 13,922
each subsequent offense.
(E) A fine amount imposed pursuant to division (C) or (D) 13,925
of this section shall be paid to the DIVISION OF child support
enforcement agency administering the obligor's child support 13,927
order IN THE DEPARTMENT OF HUMAN SERVICES OR, PURSUANT TO 13,929
DIVISION (H)(4) OF SECTION 2301.35 OF THE REVISED CODE, THE CHILD 13,930
SUPPORT ENFORCEMENT AGENCY. The amount of the fine that does not 13,933
exceed the amount of arrearage under the child support order 13,934
shall be disbursed in accordance with the child support order. 13,935
The amount of the fine that exceeds the amount of the arrearage
order shall be used by the agency for the administration of its 13,938
program for child support enforcement CALLED PROGRAM INCOME AND 13,939
COLLECTED IN ACCORDANCE WITH SECTION 5101.325 OF THE REVISED 13,940
CODE.
Sec. 3115.01. AS USED IN SECTIONS 3115.01 TO 3115.59 OF 13,942
THE REVISED CODE:
(A) "CHILD" MEANS AN INDIVIDUAL UNDER THE AGE OF MAJORITY, 13,944
340
WHO IS OR IS ALLEGED TO BE OWED A DUTY OF SUPPORT BY THE 13,945
INDIVIDUAL'S PARENT OR WHO IS OR IS ALLEGED TO BE THE BENEFICIARY 13,946
OF A SUPPORT ORDER DIRECTED TO THE PARENT. 13,947
(B) "CHILD SUPPORT ORDER" MEANS AN ORDER FOR THE SUPPORT 13,949
OF A CHILD THAT PROVIDES FOR MONETARY SUPPORT, WHETHER CURRENT OR 13,950
IN ARREARS, HEALTH CARE, OR REIMBURSEMENTS, AND MAY INCLUDE 13,951
RELATED COSTS AND FEES, INTEREST, INCOME WITHHOLDING 13,952
REQUIREMENTS, ATTORNEY FEES, AND OTHER RELIEF. "CHILD SUPPORT 13,953
ORDER" INCLUDES ORDERS UNDER WHICH THE CHILD HAS ATTAINED THE AGE 13,954
OF MAJORITY UNDER THE LAW OF THE ISSUING STATE AND ARREARAGES ARE
OWED UNDER THE ORDER. 13,955
(C) "DUTY OF SUPPORT" MEANS AN OBLIGATION IMPOSED OR THAT 13,957
MAY BE IMPOSED UNDER LAW TO PROVIDE SUPPORT FOR A CHILD, SPOUSE, 13,958
OR FORMER SPOUSE, INCLUDING AN UNSATISFIED OBLIGATION TO PROVIDE 13,959
SUPPORT.
(D) "HOME STATE" MEANS THE STATE IN WHICH A CHILD LIVED 13,961
WITH A PARENT OR A PERSON ACTING AS A PARENT FOR AT LEAST SIX 13,962
CONSECUTIVE MONTHS IMMEDIATELY PRECEDING THE TIME OF FILING OF A 13,963
COMPLAINT OR COMPARABLE PLEADING FOR SUPPORT AND, IF A CHILD IS 13,964
LESS THAN SIX MONTHS OLD, THE STATE IN WHICH THE CHILD LIVED FROM 13,965
BIRTH WITH ANY OF THEM. A PERIOD OF TEMPORARY ABSENCE OF ANY OF 13,966
THEM IS COUNTED AS PART OF THE SIX-MONTH OR OTHER PERIOD.
(E) "INCOME" INCLUDES EARNINGS OR OTHER PERIODIC 13,968
ENTITLEMENTS TO MONEY FROM ANY SOURCE AND ANY OTHER PROPERTY 13,969
SUBJECT TO WITHHOLDING FOR SUPPORT UNDER THE LAW OF THIS STATE. 13,970
(F) "INCOME WITHHOLDING ORDER" MEANS AN ORDER OR OTHER 13,972
LEGAL PROCESS DIRECTED TO AN OBLIGOR'S PAYOR, AS DEFINED IN 13,973
SECTIONS 3111.20 AND 3113.21 OF THE REVISED CODE, TO WITHHOLD 13,974
SUPPORT FROM THE INCOME OF THE OBLIGOR. 13,975
(G) "INITIATING STATE" MEANS A STATE FROM WHICH A 13,977
PROCEEDING IS FORWARDED OR IN WHICH A PROCEEDING IS FILED FOR 13,978
FORWARDING TO A RESPONDING STATE UNDER SECTIONS 3115.01 TO 13,979
3115.59 OF THE REVISED CODE OR A LAW OR PROCEDURE SUBSTANTIALLY 13,980
SIMILAR TO THOSE SECTIONS, THE UNIFORM RECIPROCAL ENFORCEMENT OF
341
SUPPORT ACT, OR THE REVISED UNIFORM RECIPROCAL ENFORCEMENT OF 13,981
SUPPORT ACT.
(H) "INITIATING TRIBUNAL" MEANS THE AUTHORIZED TRIBUNAL IN 13,983
AN INITIATING STATE. 13,984
(I) "ISSUING STATE" MEANS THE STATE IN WHICH A TRIBUNAL 13,986
ISSUES A SUPPORT ORDER OR RENDERS A JUDGMENT DETERMINING 13,987
PARENTAGE.
(J) "ISSUING TRIBUNAL" MEANS THE TRIBUNAL THAT ISSUES A 13,989
SUPPORT ORDER OR RENDERS A JUDGMENT DETERMINING THE EXISTENCE OR 13,990
NONEXISTENCE OF A PARENT AND CHILD RELATIONSHIP. 13,991
(K) "LAW" INCLUDES DECISIONAL AND STATUTORY LAW AND RULES 13,993
AND REGULATIONS HAVING THE FORCE OF LAW. 13,994
(L) "OBLIGEE" MEANS ANY OF THE FOLLOWING: 13,996
(1) AN INDIVIDUAL TO WHOM A DUTY OF SUPPORT IS OR IS 13,998
ALLEGED TO BE OWED OR IN WHOSE FAVOR A SUPPORT ORDER HAS BEEN 13,999
ISSUED OR A JUDGMENT DETERMINING PARENTAGE HAS BEEN RENDERED; 14,000
(2) A STATE OR POLITICAL SUBDIVISION TO WHICH THE RIGHTS 14,002
UNDER A DUTY OF SUPPORT OR SUPPORT ORDER HAVE BEEN ASSIGNED OR 14,003
WHICH HAS INDEPENDENT CLAIMS BASED ON FINANCIAL ASSISTANCE 14,004
PROVIDED TO AN INDIVIDUAL OBLIGEE;
(3) AN INDIVIDUAL SEEKING A JUDGMENT DETERMINING PARENTAGE 14,006
OF THE INDIVIDUAL'S CHILD. 14,007
(M) "OBLIGOR" MEANS AN INDIVIDUAL, OR THE ESTATE OF A 14,009
DECEDENT TO WHICH ANY OF THE FOLLOWING APPLIES: 14,010
(1) THE INDIVIDUAL OR ESTATE OWES OR IS ALLEGED TO OWE A 14,012
DUTY OF SUPPORT;
(2) THE INDIVIDUAL IS ALLEGED BUT HAS NOT BEEN ADJUDICATED 14,014
TO BE A PARENT OF A CHILD; 14,015
(3) THE INDIVIDUAL OR ESTATE IS LIABLE UNDER A SUPPORT 14,017
ORDER.
(N) "REGISTER" MEANS TO FILE A SUPPORT ORDER OR JUDGMENT 14,019
DETERMINING THE EXISTENCE OR NONEXISTENCE OF A PARENT AND CHILD 14,020
RELATIONSHIP IN A REGISTERING TRIBUNAL. 14,021
(O) "REGISTERING TRIBUNAL" MEANS A TRIBUNAL IN WHICH A 14,023
342
SUPPORT ORDER IS REGISTERED. 14,024
(P) "RESPONDING STATE" MEANS A STATE IN WHICH A PROCEEDING 14,026
IS FILED OR TO WHICH A PROCEEDING IS FORWARDED FOR FILING FROM AN 14,027
INITIATING STATE UNDER SECTIONS 3115.01 TO 3115.59 OF THE REVISED 14,028
CODE OR A LAW OR PROCEDURE SUBSTANTIALLY SIMILAR TO THOSE 14,029
SECTIONS, THE UNIFORM RECIPROCAL ENFORCEMENT OF SUPPORT ACT, OR 14,030
THE REVISED UNIFORM RECIPROCAL ENFORCEMENT OF SUPPORT ACT.
(Q) "RESPONDING TRIBUNAL" MEANS THE AUTHORIZED TRIBUNAL IN 14,032
A RESPONDING STATE. 14,033
(R) "REVISED UNIFORM RECIPROCAL ENFORCEMENT OF SUPPORT 14,035
ACT" MEANS THE ACT ADDRESSING INTERSTATE ENFORCEMENT OF SUPPORT 14,036
ORDERS ADOPTED IN 1968 BY THE NATIONAL CONFERENCE OF 14,037
COMMISSIONERS ON UNIFORM STATE LAWS OR ANY LAW SUBSTANTIALLY 14,038
SIMILAR TO THE ACT ADOPTED BY ANOTHER STATE. 14,039
(S) "SPOUSAL SUPPORT ORDER" MEANS AN ORDER FOR THE SUPPORT 14,041
OF A SPOUSE OR FORMER SPOUSE THAT PROVIDES FOR MONETARY SUPPORT, 14,042
WHETHER CURRENT OR IN ARREARS, HEALTH CARE, OR REIMBURSEMENTS, 14,043
AND MAY INCLUDE RELATED COSTS AND FEES, INTEREST, INCOME 14,044
WITHHOLDING REQUIREMENTS, ATTORNEY FEES, AND OTHER RELIEF. 14,045
(T) "STATE" HAS THE SAME MEANING AS IN SECTION 1.59 OF THE 14,047
REVISED CODE, EXCEPT THAT IT ALSO INCLUDES BOTH OF THE FOLLOWING: 14,048
(1) AN INDIAN TRIBE; 14,050
(2) A FOREIGN JURISDICTION THAT HAS ENACTED A LAW OR 14,052
ESTABLISHED PROCEDURES FOR ISSUANCE AND ENFORCEMENT OF SUPPORT 14,053
ORDERS THAT ARE SUBSTANTIALLY SIMILAR TO THE PROCEDURES UNDER 14,054
SECTIONS 3115.01 TO 3115.59 OF THE REVISED CODE, THE UNIFORM 14,055
RECIPROCAL ENFORCEMENT OF SUPPORT ACT, OR THE REVISED UNIFORM 14,056
RECIPROCAL ENFORCEMENT OF SUPPORT ACT.
(U) "SUPPORT ENFORCEMENT AGENCY" MEANS A PUBLIC OFFICIAL 14,058
OR AGENCY AUTHORIZED TO DO ANY OF THE FOLLOWING: 14,059
(1) SEEK ENFORCEMENT OF SUPPORT ORDERS OR LAWS RELATING TO 14,061
THE DUTY OF SUPPORT; 14,062
(2) SEEK ESTABLISHMENT OR MODIFICATION OF CHILD SUPPORT; 14,064
(3) SEEK DETERMINATION OF THE EXISTENCE OR NONEXISTENCE OF 14,066
343
A PARENT AND CHILD RELATIONSHIP; 14,067
(4) LOCATE OBLIGORS OR THEIR ASSETS. 14,069
(V) "SUPPORT ORDER" MEANS A SPOUSAL SUPPORT ORDER OR CHILD 14,072
SUPPORT ORDER.
(W) "TRIBUNAL" MEANS ANY TRIAL COURT OF RECORD OF THIS 14,074
STATE AND WHEN THE CONTEXT REQUIRES, A COURT, ADMINISTRATIVE 14,075
AGENCY, OR QUASI-JUDICIAL ENTITY OF ANY OTHER STATE AUTHORIZED TO 14,076
ESTABLISH, ENFORCE, OR MODIFY SUPPORT ORDERS OR TO DETERMINE 14,077
PARENTAGE.
(X) "UNIFORM RECIPROCAL ENFORCEMENT OF SUPPORT ACT" MEANS 14,080
THE ACT ADDRESSING INTERSTATE ENFORCEMENT OF SUPPORT ORDERS 14,081
ADOPTED IN 1950 AND AMENDED IN 1952 AND 1958 BY THE NATIONAL 14,082
CONFERENCE OF COMMISSIONERS ON UNIFORM STATE LAWS OR ANY LAW 14,084
SUBSTANTIALLY SIMILAR TO THE ACT ADOPTED BY ANOTHER STATE.
Sec. 3115.02. REMEDIES PROVIDED BY SECTIONS 3115.01 TO 14,086
3115.59 OF THE REVISED CODE ARE IN ADDITION TO, NOT IN 14,087
SUBSTITUTION FOR, ANY OTHER REMEDIES.
Sec. 3115.03. IN A PROCEEDING TO ESTABLISH, ENFORCE, OR 14,089
MODIFY A SUPPORT ORDER OR TO DETERMINE THE EXISTENCE OR 14,090
NONEXISTENCE OF A PARENT AND CHILD RELATIONSHIP, A TRIBUNAL OF 14,091
THIS STATE MAY EXERCISE PERSONAL JURISDICTION OVER A NONRESIDENT 14,092
INDIVIDUAL IF ANY OF THE FOLLOWING IS THE CASE: 14,093
(A) THE INDIVIDUAL IS PERSONALLY SERVED WITH SUMMONS 14,096
WITHIN THIS STATE;
(B) THE INDIVIDUAL SUBMITS TO THE JURISDICTION OF THIS 14,098
STATE BY CONSENT, BY ENTERING A GENERAL APPEARANCE, OR BY FILING 14,099
A RESPONSIVE PLEADING OR OTHER DOCUMENT HAVING THE EFFECT OF 14,100
WAIVING ANY CONTEST TO PERSONAL JURISDICTION; 14,102
(C) THE INDIVIDUAL RESIDED WITH THE CHILD IN THIS STATE; 14,104
(D) THE INDIVIDUAL RESIDED IN THIS STATE AND PROVIDED 14,106
PRENATAL EXPENSES OR SUPPORT FOR THE CHILD; 14,107
(E) THE CHILD RESIDES IN THIS STATE AS A RESULT OF THE 14,109
ACTS OR DIRECTIVES OF THE INDIVIDUAL; 14,110
(F) THE INDIVIDUAL ENGAGED IN SEXUAL INTERCOURSE IN THIS 14,112
344
STATE AND THE CHILD MAY HAVE BEEN CONCEIVED BY THAT ACT OF 14,113
INTERCOURSE; 14,114
(G) THE INDIVIDUAL REGISTERED IN THE PUTATIVE FATHER 14,117
REGISTRY MAINTAINED PURSUANT TO SECTION 3107.062 OF THE REVISED
CODE;
(H) THERE IS ANY OTHER BASIS FOR THE STATE TO EXERCISE 14,121
PERSONAL JURISDICTION OVER THE INDIVIDUAL.
Sec. 3115.04. A TRIBUNAL OF THIS STATE EXERCISING PERSONAL 14,123
JURISDICTION OVER A NONRESIDENT UNDER SECTION 3115.03 OF THE 14,124
REVISED CODE MAY APPLY SECTION 3115.27 OF THE REVISED CODE TO 14,125
OBTAIN EVIDENCE FROM ANOTHER STATE AND SECTION 3115.29 OF THE 14,126
REVISED CODE TO OBTAIN DISCOVERY THROUGH A TRIBUNAL OF ANOTHER 14,127
STATE. IN ALL OTHER RESPECTS, SECTIONS 3115.12 TO 3115.52 OF THE 14,128
REVISED CODE ARE NOT APPLICABLE AND THE TRIBUNAL SHALL APPLY THE 14,129
PROCEDURAL AND SUBSTANTIVE LAW OF THIS STATE, INCLUDING THE RULES 14,130
ON CHOICE OF LAW OTHER THAN THOSE ESTABLISHED BY SECTIONS 3115.01 14,131
TO 3115.59 OF THE REVISED CODE.
Sec. 3115.05. UNDER SECTIONS 3115.01 TO 3115.59 OF THE 14,133
REVISED CODE, A TRIBUNAL OF THIS STATE MAY SERVE AS AN INITIATING 14,135
TRIBUNAL TO FORWARD PROCEEDINGS TO ANOTHER STATE AND AS A 14,136
RESPONDING TRIBUNAL FOR PROCEEDINGS INITIATED IN ANOTHER STATE. 14,137
Sec. 3115.06. (A) A TRIBUNAL OF THIS STATE MAY EXERCISE 14,139
JURISDICTION TO ISSUE A SUPPORT ORDER IF THE COMPLAINT OR 14,141
COMPARABLE PLEADING IS FILED IN THIS STATE AFTER A COMPLAINT OR 14,142
COMPARABLE PLEADING REQUESTING THE ISSUANCE OF A SUPPORT ORDER IS 14,143
FILED IN ANOTHER STATE ONLY IF ALL OF THE FOLLOWING APPLY: 14,144
(1) THE COMPLAINT OR COMPARABLE PLEADING IS FILED IN THIS 14,147
STATE BEFORE THE EXPIRATION OF THE TIME ALLOWED IN THE OTHER
STATE FOR FILING A RESPONSIVE PLEADING CHALLENGING THE EXERCISE 14,148
OF JURISDICTION BY THE OTHER STATE; 14,149
(2) THE CONTESTING PARTY TIMELY CHALLENGES THE EXERCISE OF 14,151
JURISDICTION IN THE OTHER STATE; 14,152
(3) WITH RESPECT TO ACTIONS TO ISSUE CHILD SUPPORT ORDERS, 14,154
THIS STATE IS THE HOME STATE OF THE CHILD. 14,155
345
(B) A TRIBUNAL OF THIS STATE MAY NOT EXERCISE JURISDICTION 14,157
TO ISSUE A SUPPORT ORDER IF THE COMPLAINT OR COMPARABLE PLEADING 14,159
IS FILED IN THIS STATE BEFORE A COMPLAINT OR COMPARABLE PLEADING
REQUESTING THE ISSUANCE OF A SUPPORT ORDER IS FILED IN ANOTHER 14,161
STATE IF ANY OF THE FOLLOWING IS THE CASE:
(1) THE COMPLAINT OR COMPARABLE PLEADING IS FILED IN THE 14,164
OTHER STATE BEFORE THE EXPIRATION OF THE TIME ALLOWED IN THIS
STATE FOR FILING A RESPONSIVE PLEADING CHALLENGING THE EXERCISE 14,166
OF JURISDICTION BY THIS STATE. 14,167
(2) THE CONTESTING PARTY TIMELY CHALLENGES THE EXERCISE OF 14,169
JURISDICTION IN THIS STATE. 14,170
(3) WITH RESPECT TO ACTIONS TO ISSUE CHILD SUPPORT ORDERS, 14,172
THE OTHER STATE IS THE HOME STATE OF THE CHILD. 14,174
Sec. 3115.07. (A) A TRIBUNAL OF THIS STATE HAS 14,177
CONTINUING, EXCLUSIVE JURISDICTION OVER A CHILD SUPPORT ORDER IT 14,179
ISSUES AS LONG AS THE OBLIGOR, INDIVIDUAL OBLIGEE, OR CHILD 14,181
SUBJECT TO THE CHILD SUPPORT ORDER IS A RESIDENT OF THIS STATE, 14,182
UNLESS ALL OF THE PARTIES WHO ARE INDIVIDUALS HAVE FILED WRITTEN 14,184
CONSENTS WITH THE TRIBUNAL OF THIS STATE FOR A TRIBUNAL OF 14,185
ANOTHER STATE TO MODIFY THE ORDER AND ASSUME CONTINUING,
EXCLUSIVE JURISDICTION. 14,186
(B) A TRIBUNAL OF THIS STATE MAY NOT EXERCISE CONTINUING 14,190
JURISDICTION TO MODIFY A CHILD SUPPORT ORDER IT ISSUES IF THE
ORDER IS MODIFIED BY A TRIBUNAL OF ANOTHER STATE PURSUANT TO A 14,192
LAW ADOPTED BY THE OTHER STATE THAT IS SUBSTANTIALLY SIMILAR TO
SECTIONS 3115.01 TO 3115.59 OF THE REVISED CODE. 14,193
(C) IF A CHILD SUPPORT ORDER ISSUED BY A TRIBUNAL OF THIS 14,195
STATE IS MODIFIED BY A TRIBUNAL OF ANOTHER STATE PURSUANT TO A 14,197
LAW ADOPTED BY THE OTHER STATE THAT IS SUBSTANTIALLY SIMILAR TO 14,198
SECTIONS 3115.01 TO 3115.59 OF THE REVISED CODE, THE TRIBUNAL OF
THIS STATE LOSES ITS CONTINUING, EXCLUSIVE JURISDICTION WITH 14,200
REGARD TO PROSPECTIVE ENFORCEMENT OF THE ORDER, AND MAY DO ONLY 14,202
THE FOLLOWING:
(1) ORDER COLLECTION OF SUPPORT AMOUNTS ACCRUING BEFORE 14,205
346
THE MODIFICATION OF THE ORDER;
(2) ENFORCE NONMODIFIABLE ASPECTS OF THAT ORDER; 14,207
(3) PROVIDE OTHER APPROPRIATE RELIEF FOR VIOLATIONS OF THE 14,209
ORDER THAT OCCURRED BEFORE THE EFFECTIVE DATE OF THE 14,210
MODIFICATION. 14,211
(D) A TRIBUNAL OF THIS STATE SHALL RECOGNIZE THE 14,213
CONTINUING, EXCLUSIVE JURISDICTION OF A TRIBUNAL OF ANOTHER STATE 14,214
THAT HAS ISSUED A CHILD SUPPORT ORDER PURSUANT TO A LAW ADOPTED 14,216
BY THE OTHER STATE THAT IS SUBSTANTIALLY SIMILAR TO SECTIONS
3115.01 TO 3115.59 OF THE REVISED CODE. 14,217
(E) A TEMPORARY SUPPORT ORDER ISSUED EX PARTE OR PENDING 14,219
RESOLUTION OF A JURISDICTIONAL CONFLICT DOES NOT CREATE 14,220
CONTINUING, EXCLUSIVE JURISDICTION IN THE ISSUING TRIBUNAL. 14,221
(F) A TRIBUNAL OF THIS STATE HAS CONTINUING, EXCLUSIVE 14,224
JURISDICTION OVER A SPOUSAL SUPPORT ORDER IT ISSUES THROUGHOUT 14,225
THE EXISTENCE OF THE SUPPORT OBLIGATION. A TRIBUNAL OF THIS 14,226
STATE MAY NOT MODIFY A SPOUSAL SUPPORT ORDER ISSUED BY A TRIBUNAL 14,227
OF ANOTHER STATE HAVING CONTINUING, EXCLUSIVE JURISDICTION OVER 14,228
THAT ORDER UNDER THE LAW OF THAT STATE. 14,229
Sec. 3115.08. (A) A TRIBUNAL OF THIS STATE MAY SERVE AS 14,231
AN INITIATING TRIBUNAL TO REQUEST A TRIBUNAL OF ANOTHER STATE TO 14,233
ENFORCE OR MODIFY A SUPPORT ORDER ISSUED IN THAT STATE. 14,234
(B) A TRIBUNAL OF THIS STATE HAVING CONTINUING, EXCLUSIVE 14,236
JURISDICTION OVER A SUPPORT ORDER MAY ACT AS A RESPONDING 14,237
TRIBUNAL TO ENFORCE OR MODIFY THE ORDER. IF A PARTY SUBJECT TO 14,238
THE CONTINUING, EXCLUSIVE JURISDICTION OF THE TRIBUNAL NO LONGER 14,239
RESIDES IN THE ISSUING STATE, IN SUBSEQUENT PROCEEDINGS THE 14,240
TRIBUNAL MAY APPLY SECTION 3115.27 OF THE REVISED CODE TO OBTAIN 14,242
EVIDENCE FROM ANOTHER STATE AND SECTION 3115.29 OF THE REVISED 14,243
CODE TO OBTAIN DISCOVERY THROUGH A TRIBUNAL OF ANOTHER STATE. 14,244
(C) A TRIBUNAL OF THIS STATE THAT LACKS CONTINUING, 14,246
EXCLUSIVE JURISDICTION OVER A SPOUSAL SUPPORT ORDER MAY NOT SERVE 14,248
AS A RESPONDING TRIBUNAL TO MODIFY A SPOUSAL SUPPORT ORDER OF 14,249
ANOTHER STATE.
347
Sec. 3115.09. (A) IF A PROCEEDING IS BROUGHT UNDER 14,251
SECTIONS 3115.01 TO 3115.59 OF THE REVISED CODE, AND ONLY ONE 14,252
TRIBUNAL HAS ISSUED A CHILD SUPPORT ORDER, THE ORDER OF THAT 14,253
TRIBUNAL SHALL BE RECOGNIZED AS CONTROLLING. 14,254
(B) IF A PROCEEDING IS BROUGHT UNDER SECTIONS 3115.01 TO 14,256
3115.59 OF THE REVISED CODE, AND TWO OR MORE CHILD SUPPORT ORDERS 14,258
HAVE BEEN ISSUED BY TRIBUNALS OF THIS STATE OR ANOTHER STATE WITH 14,259
REGARD TO THE SAME OBLIGOR AND CHILD, A TRIBUNAL OF THIS STATE 14,260
SHALL DO THE FOLLOWING:
(1) IF ONLY ONE OF THE TRIBUNALS WOULD HAVE CONTINUING, 14,262
EXCLUSIVE JURISDICTION, RECOGNIZE THE CHILD SUPPORT ORDER OF THAT 14,264
TRIBUNAL AS CONTROLLING.
(2) IF MORE THAN ONE OF THE TRIBUNALS WOULD HAVE 14,266
CONTINUING, EXCLUSIVE JURISDICTION, RECOGNIZE THE CHILD SUPPORT 14,267
ORDER ISSUED BY THE TRIBUNAL IN THE CURRENT HOME STATE OF THE 14,269
CHILD AS CONTROLLING, BUT IF A CHILD SUPPORT ORDER HAS NOT BEEN 14,270
ISSUED IN THE CURRENT HOME STATE OF THE CHILD, RECOGNIZE THE 14,271
CHILD SUPPORT ORDER MOST RECENTLY ISSUED AS CONTROLLING. 14,273
(3) IF NONE OF THE TRIBUNALS WOULD HAVE CONTINUING, 14,275
EXCLUSIVE JURISDICTION, THE TRIBUNAL OF THIS STATE HAVING 14,276
JURISDICTION OVER THE PARTIES SHALL ISSUE ITS OWN CHILD SUPPORT 14,278
ORDER WHICH SHALL BE CONTROLLING.
(C) IF TWO OR MORE CHILD SUPPORT ORDERS HAVE BEEN ISSUED 14,280
FOR THE SAME OBLIGOR AND CHILD AND THE OBLIGOR OR THE INDIVIDUAL 14,281
OBLIGEE RESIDES IN THIS STATE, A PARTY MAY REQUEST A TRIBUNAL OF 14,282
THIS STATE TO DETERMINE WHICH ORDER TO RECOGNIZE AS CONTROLLING 14,283
PURSUANT TO DIVISION (B) OF THIS SECTION. THE REQUEST MUST BE 14,284
ACCOMPANIED BY A CERTIFIED COPY OF EVERY SUPPORT ORDER IN EFFECT. 14,286
THE REQUESTING PARTY SHALL GIVE NOTICE OF THE REQUEST TO EACH 14,287
PARTY WHOSE RIGHTS MAY BE AFFECTED BY THE DETERMINATION.
(D) THE TRIBUNAL THAT ISSUED THE CONTROLLING CHILD SUPPORT 14,289
ORDER UNDER DIVISION (A), (B), OR (C) OF THIS SECTION IS THE 14,291
TRIBUNAL THAT HAS CONTINUING, EXCLUSIVE JURISDICTION UNDER 14,293
SECTION 3115.07 OF THE REVISED CODE.
348
(E) A TRIBUNAL OF THIS STATE THAT DETERMINES BY ORDER THE 14,295
IDENTITY OF THE CONTROLLING CHILD SUPPORT ORDER UNDER DIVISION 14,296
(B)(1) OR (2) OF THIS SECTION OR THAT ISSUES A NEW CONTROLLING 14,298
CHILD SUPPORT ORDER UNDER DIVISION (B)(3) OF THIS SECTION SHALL 14,300
STATE IN THE ORDER OR CHILD SUPPORT ORDER THE BASIS UPON WHICH
THE TRIBUNAL MADE ITS DETERMINATION. 14,302
(F) WITHIN THIRTY DAYS AFTER ISSUANCE OF AN ORDER 14,304
RECOGNIZING THE CONTROLLING CHILD SUPPORT ORDER OR A NEW 14,305
CONTROLLING CHILD SUPPORT ORDER, THE PARTY OBTAINING THE ORDER 14,307
SHALL FILE A CERTIFIED COPY OF IT WITH EACH TRIBUNAL THAT ISSUED 14,308
OR REGISTERED AN EARLIER CHILD SUPPORT ORDER. A PARTY WHO 14,309
OBTAINS THE ORDER AND FAILS TO FILE A CERTIFIED COPY IS SUBJECT 14,310
TO APPROPRIATE SANCTIONS BY A TRIBUNAL IN WHICH THE ISSUE OF 14,311
FAILURE TO FILE ARISES. THE FAILURE TO FILE DOES NOT AFFECT THE 14,312
VALIDITY OR ENFORCEABILITY OF THE CONTROLLING ORDER.
Sec. 3115.10. IN RESPONDING TO MULTIPLE REGISTRATIONS OR 14,314
COMPLAINTS FOR ENFORCEMENT OF TWO OR MORE CHILD SUPPORT ORDERS IN 14,315
EFFECT AT THE SAME TIME WITH REGARD TO THE SAME OBLIGOR AND 14,316
DIFFERENT INDIVIDUAL OBLIGEES, AT LEAST ONE OF WHICH WAS ISSUED 14,317
BY A TRIBUNAL OF ANOTHER STATE, A TRIBUNAL OF THIS STATE SHALL 14,318
ENFORCE THOSE ORDERS IN THE SAME MANNER AS IF THE MULTIPLE ORDERS 14,320
HAD BEEN ISSUED BY A TRIBUNAL OF THIS STATE.
Sec. 3115.11. AMOUNTS COLLECTED AND CREDITED FOR A 14,322
PARTICULAR PERIOD PURSUANT TO A SUPPORT ORDER ISSUED BY A 14,323
TRIBUNAL OF ANOTHER STATE MUST BE CREDITED AGAINST THE AMOUNTS 14,324
ACCRUING OR ACCRUED FOR THE SAME PERIOD UNDER A SUPPORT ORDER 14,325
COVERING THE SAME PARTIES FOR THE SAME DUTY OF SUPPORT ISSUED BY 14,326
THE TRIBUNAL OF THIS STATE. 14,327
Sec. 3115.12. AN INDIVIDUAL OR A SUPPORT ENFORCEMENT 14,329
AGENCY MAY COMMENCE A PROCEEDING AUTHORIZED UNDER SECTIONS 14,330
3115.01 TO 3115.59 OF THE REVISED CODE BY FILING A COMPLAINT IN 14,331
AN INITIATING TRIBUNAL FOR FORWARDING TO A RESPONDING TRIBUNAL OR 14,332
BY FILING A COMPLAINT OR A COMPARABLE PLEADING DIRECTLY IN A 14,333
TRIBUNAL OF ANOTHER STATE THAT HAS OR CAN OBTAIN PERSONAL 14,334
349
JURISDICTION OVER THE DEFENDANT.
Sec. 3115.13. A MINOR PARENT, OR A GUARDIAN OR OTHER LEGAL 14,336
REPRESENTATIVE OF A MINOR PARENT, MAY MAINTAIN A PROCEEDING ON 14,337
BEHALF OF OR FOR THE BENEFIT OF THE MINOR'S CHILD. 14,338
Sec. 3115.14. EXCEPT AS OTHERWISE PROVIDED BY SECTIONS 14,340
3115.01 TO 3115.59 OF THE REVISED CODE, A RESPONDING TRIBUNAL OF 14,342
THIS STATE SHALL APPLY THE PROCEDURAL AND SUBSTANTIVE LAW, 14,343
INCLUDING THE RULES ON CHOICE OF LAW, GENERALLY APPLICABLE TO 14,344
SIMILAR PROCEEDINGS ORIGINATING IN THIS STATE AND MAY EXERCISE 14,345
ALL POWERS AND PROVIDE ALL REMEDIES AVAILABLE IN THOSE 14,346
PROCEEDINGS AND SHALL DETERMINE THE DUTY OF SUPPORT AND THE 14,348
AMOUNT OF SUPPORT PAYABLE IN ACCORDANCE WITH SECTIONS 3113.21 TO 14,349
3113.219 AND SECTIONS 3115.01 TO 3115.59 OF THE REVISED CODE. 14,350
Sec. 3115.15. (A) ON THE FILING OF A COMPLAINT PURSUANT 14,352
TO SECTION 3115.12 OF THE REVISED CODE, AN INITIATING TRIBUNAL OF 14,353
THIS STATE SHALL FORWARD THREE COPIES OF THE COMPLAINT AND ITS 14,354
ACCOMPANYING DOCUMENTS TO EITHER OF THE FOLLOWING: 14,355
(1) THE RESPONDING TRIBUNAL OR APPROPRIATE SUPPORT 14,357
ENFORCEMENT AGENCY IN THE RESPONDING STATE; 14,358
(2) THE STATE INFORMATION AGENCY OF THE RESPONDING STATE 14,360
WITH A REQUEST THAT THEY BE FORWARDED TO THE APPROPRIATE 14,361
TRIBUNAL, IF THE IDENTITY OF THE RESPONDING TRIBUNAL IS UNKNOWN, 14,362
AND THAT RECEIPT BE ACKNOWLEDGED. 14,363
(B) IF A RESPONDING STATE HAS NOT ENACTED A LAW OR 14,366
PROCEDURE SUBSTANTIALLY SIMILAR TO SECTIONS 3115.01 TO 3115.59 OF
THE REVISED CODE, A TRIBUNAL OF THIS STATE MAY ISSUE A 14,368
CERTIFICATE OR OTHER DOCUMENT AND MAKE FINDINGS REQUIRED BY THE 14,369
LAW OF THE RESPONDING STATE. IF THE RESPONDING STATE IS A 14,370
FOREIGN JURISDICTION, THE TRIBUNAL MAY SPECIFY THE AMOUNT OF 14,371
SUPPORT SOUGHT AND PROVIDE OTHER DOCUMENTS NECESSARY TO SATISFY 14,372
THE REQUIREMENTS OF THE RESPONDING STATE.
Sec. 3115.16. (A) WHEN A RESPONDING TRIBUNAL OF THIS 14,374
STATE RECEIVES A COMPLAINT OR COMPARABLE PLEADING FROM AN 14,376
INITIATING TRIBUNAL OR DIRECTLY PURSUANT TO SECTION 3115.12 OF 14,377
350
THE REVISED CODE, IT SHALL CAUSE THE COMPLAINT OR PLEADING TO BE 14,378
FILED AND NOTIFY THE PLAINTIFF WHERE AND WHEN IT WAS FILED. 14,379
(B) A RESPONDING TRIBUNAL OF THIS STATE, TO THE EXTENT 14,381
OTHERWISE AUTHORIZED BY LAW, MAY DO ONE OR MORE OF THE FOLLOWING 14,383
CONSISTENT WITH APPLICABLE SECTIONS OF CHAPTERS 3105., 3109., 14,384
3111., AND 3113. OF THE REVISED CODE:
(1) ISSUE OR ENFORCE A SUPPORT ORDER, MODIFY A CHILD 14,386
SUPPORT ORDER, OR DETERMINE THE EXISTENCE OR NONEXISTENCE OF A 14,387
PARENT AND CHILD RELATIONSHIP; 14,388
(2) ORDER AN OBLIGOR TO COMPLY WITH A SUPPORT ORDER, 14,390
SPECIFYING THE AMOUNT AND THE MANNER OF COMPLIANCE; 14,391
(3) ORDER INCOME WITHHOLDING; 14,393
(4) DETERMINE THE AMOUNT OF ANY ARREARAGES, AND SPECIFY A 14,395
METHOD OF PAYMENT; 14,396
(5) ENFORCE ORDERS BY CIVIL OR CRIMINAL CONTEMPT, OR BOTH; 14,398
(6) SET ASIDE PROPERTY FOR SATISFACTION OF THE SUPPORT 14,400
ORDER; 14,401
(7) PLACE LIENS AND ORDER EXECUTION ON THE OBLIGOR'S 14,403
PROPERTY; 14,404
(8) ORDER AN OBLIGOR TO KEEP THE TRIBUNAL INFORMED OF THE 14,406
OBLIGOR'S CURRENT RESIDENTIAL ADDRESS, TELEPHONE NUMBER, 14,407
EMPLOYER, ADDRESS OF EMPLOYMENT, AND TELEPHONE NUMBER AT THE 14,408
PLACE OF EMPLOYMENT; 14,409
(9) ISSUE A BENCH WARRANT FOR AN OBLIGOR WHO HAS FAILED 14,412
AFTER PROPER NOTICE TO APPEAR AT A HEARING ORDERED BY THE
TRIBUNAL AND ENTER THE BENCH WARRANT IN ANY LOCAL AND STATE 14,414
COMPUTER SYSTEMS FOR CRIMINAL WARRANTS;
(10) ORDER THE OBLIGOR TO SEEK APPROPRIATE EMPLOYMENT BY 14,416
SPECIFIED METHODS; 14,417
(11) AWARD REASONABLE ATTORNEY'S FEES AND OTHER FEES AND 14,419
COSTS; 14,420
(12) GRANT ANY OTHER AVAILABLE REMEDY. 14,422
(C) A RESPONDING TRIBUNAL OF THIS STATE SHALL INCLUDE IN A 14,424
SUPPORT ORDER ISSUED UNDER SECTIONS 3115.01 TO 3115.59 OF THE 14,425
351
REVISED CODE, OR IN THE DOCUMENTS ACCOMPANYING THE ORDER, THE 14,427
CALCULATIONS ON WHICH THE SUPPORT ORDER IS BASED. 14,428
(D) A RESPONDING TRIBUNAL OF THIS STATE MAY NOT CONDITION 14,430
THE PAYMENT OF A SUPPORT ORDER ISSUED UNDER SECTIONS 3115.01 TO 14,431
3115.59 OF THE REVISED CODE UPON COMPLIANCE BY A PARTY WITH 14,433
PROVISIONS FOR VISITATION.
(E) IF A RESPONDING TRIBUNAL OF THIS STATE ISSUES AN ORDER 14,435
UNDER SECTIONS 3115.01 TO 3115.59 OF THE REVISED CODE, THE 14,436
TRIBUNAL SHALL SEND A COPY OF THE ORDER TO THE PLAINTIFF AND THE 14,438
DEFENDANT AND TO THE INITIATING TRIBUNAL, IF ANY. 14,439
Sec. 3115.17. IF A COMPLAINT OR COMPARABLE PLEADING IS 14,441
RECEIVED BY AN INAPPROPRIATE TRIBUNAL OF THIS STATE, THE TRIBUNAL 14,442
SHALL FORWARD THE PLEADING AND ACCOMPANYING DOCUMENTS TO AN 14,443
APPROPRIATE TRIBUNAL IN THIS STATE OR ANOTHER STATE AND NOTIFY 14,444
THE PLAINTIFF WHERE AND WHEN THE PLEADING WAS SENT. 14,445
Sec. 3115.18. (A) A SUPPORT ENFORCEMENT AGENCY OF THIS 14,447
STATE, UPON REQUEST, SHALL PROVIDE SERVICES TO A PLAINTIFF IN A 14,449
PROCEEDING UNDER SECTIONS 3115.01 TO 3115.59 OF THE REVISED CODE. 14,450
(B) A SUPPORT ENFORCEMENT AGENCY THAT IS PROVIDING 14,452
SERVICES TO THE PLAINTIFF, AS APPROPRIATE, SHALL DO ALL OF THE 14,453
FOLLOWING:
(1) TAKE ALL STEPS NECESSARY TO ENABLE AN APPROPRIATE 14,455
TRIBUNAL IN THIS STATE OR ANOTHER STATE TO OBTAIN JURISDICTION 14,456
OVER THE DEFENDANT; 14,457
(2) REQUEST AN APPROPRIATE TRIBUNAL TO SET A DATE, TIME, 14,459
AND PLACE FOR A HEARING; 14,460
(3) MAKE A REASONABLE EFFORT TO OBTAIN ALL RELEVANT 14,462
INFORMATION, INCLUDING INFORMATION AS TO INCOME AND PROPERTY OF 14,463
THE PARTIES; 14,464
(4) WITHIN TWO DAYS, NOT INCLUDING SATURDAYS, SUNDAYS, AND 14,467
LEGAL HOLIDAYS, AFTER RECEIPT OF A WRITTEN NOTICE FROM A TRIBUNAL 14,469
PURSUANT TO SECTIONS 3115.01 TO 3115.59 OF THE REVISED CODE, SEND
A COPY OF THE NOTICE TO THE PLAINTIFF; 14,470
(5) WITHIN TWO DAYS, NOT INCLUDING SATURDAYS, SUNDAYS, AND 14,473
352
LEGAL HOLIDAYS, AFTER RECEIPT OF A WRITTEN COMMUNICATION FROM THE 14,475
DEFENDANT OR THE DEFENDANT'S ATTORNEY, SEND A COPY OF THE 14,476
COMMUNICATION TO THE PLAINTIFF;
(6) NOTIFY THE PLAINTIFF IF JURISDICTION OVER THE 14,478
DEFENDANT CANNOT BE OBTAINED. 14,479
(C) SECTIONS 3115.01 TO 3115.59 OF THE REVISED CODE DO NOT 14,481
CREATE OR NEGATE A RELATIONSHIP OF ATTORNEY AND CLIENT OR OTHER 14,483
FIDUCIARY RELATIONSHIP BETWEEN A SUPPORT ENFORCEMENT AGENCY OR 14,484
THE ATTORNEY FOR THE AGENCY AND THE INDIVIDUAL BEING ASSISTED BY 14,485
THE AGENCY.
Sec. 3115.19. IF THE ATTORNEY GENERAL DETERMINES THAT THE 14,487
SUPPORT ENFORCEMENT AGENCY IS NEGLECTING OR REFUSING TO PROVIDE 14,488
SERVICES TO AN INDIVIDUAL, THE ATTORNEY GENERAL MAY ORDER THE 14,489
AGENCY TO PERFORM ITS DUTIES PURSUANT TO SECTIONS 3115.01 TO 14,490
3115.59 OF THE REVISED CODE OR MAY PROVIDE THOSE SERVICES 14,491
DIRECTLY TO THE INDIVIDUAL.
Sec. 3115.20. AN INDIVIDUAL MAY EMPLOY PRIVATE COUNSEL TO 14,493
REPRESENT THE INDIVIDUAL IN PROCEEDINGS AUTHORIZED BY SECTIONS 14,494
3115.01 TO 3115.59 OF THE REVISED CODE.
Sec. 3115.21. (A) THE STATE DEPARTMENT OF HUMAN SERVICES 14,496
IS THE STATE INFORMATION AGENCY UNDER SECTIONS 3115.01 TO 3115.59 14,498
OF THE REVISED CODE.
(B) THE STATE INFORMATION AGENCY SHALL DO ALL OF THE 14,500
FOLLOWING:
(1) COMPILE A LIST, INCLUDING ADDRESSES, OF THE TRIBUNALS 14,503
IN THIS STATE AND EACH SUPPORT ENFORCEMENT AGENCY IN THIS STATE 14,505
AND TRANSMIT A COPY TO THE STATE INFORMATION AGENCY OF EVERY 14,506
OTHER STATE THAT HAS ADOPTED AN ACT SUBSTANTIALLY SIMILAR TO 14,507
SECTIONS 3115.01 TO 3115.59 OF THE REVISED CODE;
(2) MAINTAIN A REGISTER OF TRIBUNALS AND SUPPORT 14,509
ENFORCEMENT AGENCIES RECEIVED FROM OTHER STATES; 14,510
(3) FORWARD TO THE APPROPRIATE TRIBUNAL IN THIS STATE THAT 14,513
HAS JURISDICTION OVER THE INDIVIDUAL OBLIGEE OR THE OBLIGOR OR 14,514
THE OBLIGOR'S PROPERTY, ALL DOCUMENTS CONCERNING A PROCEEDING 14,515
353
UNDER SECTIONS 3115.01 TO 3115.59 OF THE REVISED CODE RECEIVED 14,516
FROM AN INITIATING TRIBUNAL OR THE STATE INFORMATION AGENCY OF 14,517
THE INITIATING STATE; 14,518
(4) OBTAIN INFORMATION CONCERNING THE LOCATION OF THE 14,520
OBLIGOR AND THE OBLIGOR'S PROPERTY WITHIN THIS STATE NOT EXEMPT 14,521
FROM EXECUTION, BY SUCH MEANS AS POSTAL VERIFICATION AND FEDERAL 14,522
OR STATE PARENT LOCATOR SERVICES, EXAMINATION OF TELEPHONE 14,523
DIRECTORIES, REQUESTS FOR THE OBLIGOR'S ADDRESS FROM EMPLOYERS, 14,524
AND EXAMINATION OF GOVERNMENTAL RECORDS, INCLUDING, TO THE EXTENT 14,525
NOT PROHIBITED BY OTHER LAW, THOSE RELATING TO REAL PROPERTY, 14,526
VITAL STATISTICS, LAW ENFORCEMENT, TAXATION, MOTOR VEHICLES, 14,527
DRIVERS' LICENSES, AND SOCIAL SECURITY BENEFITS. 14,528
Sec. 3115.22. (A) A PLAINTIFF SEEKING ISSUANCE OR 14,530
MODIFICATION OF A SUPPORT ORDER OR A DETERMINATION OF THE 14,532
EXISTENCE OR NONEXISTENCE OF A PARENT AND CHILD RELATIONSHIP 14,533
UNDER SECTIONS 3115.01 TO 3115.59 OF THE REVISED CODE MUST VERIFY 14,534
THE COMPLAINT. UNLESS OTHERWISE ORDERED UNDER SECTION 3115.23 OF 14,535
THE REVISED CODE, THE COMPLAINT OR ACCOMPANYING DOCUMENTS MUST 14,536
PROVIDE, SO FAR AS KNOWN, THE NAME, RESIDENTIAL ADDRESS, AND 14,537
SOCIAL SECURITY NUMBERS OF THE OBLIGOR AND THE OBLIGEE, AND THE 14,538
NAME, SEX, RESIDENTIAL ADDRESS, SOCIAL SECURITY NUMBER, AND DATE 14,539
OF BIRTH OF EACH CHILD FOR WHOM SUPPORT IS SOUGHT. THE COMPLAINT 14,541
MUST BE ACCOMPANIED BY A CERTIFIED COPY OF ANY SUPPORT ORDER IN 14,542
EFFECT. THE COMPLAINT MAY INCLUDE ANY OTHER INFORMATION THAT MAY 14,543
ASSIST IN LOCATING OR IDENTIFYING THE DEFENDANT. 14,544
(B) THE COMPLAINT MUST SPECIFY THE RELIEF SOUGHT. THE 14,546
COMPLAINT AND ACCOMPANYING DOCUMENTS MUST CONFORM SUBSTANTIALLY 14,547
WITH THE REQUIREMENTS IMPOSED BY THE FORMS MANDATED BY FEDERAL 14,548
LAW FOR USE IN CASES FILED BY A SUPPORT ENFORCEMENT AGENCY. 14,549
Sec. 3115.23. A TRIBUNAL SHALL ORDER THAT THE ADDRESS OF A 14,552
CHILD OR PARTY OR OTHER IDENTIFYING INFORMATION NOT BE DISCLOSED 14,553
IN A PLEADING OR OTHER DOCUMENT FILED IN A PROCEEDING UNDER 14,554
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, 14,555
354
SAFETY, OR LIBERTY OF A PARTY OR CHILD WOULD BE UNREASONABLY PUT 14,556
AT RISK BY THE DISCLOSURE OF IDENTIFYING INFORMATION. 14,557
Sec. 3115.24. (A) THE PLAINTIFF UNDER AN ACTION FILED 14,559
PURSUANT TO SECTIONS 3115.01 TO 3115.59 OF THE REVISED CODE MAY 14,560
NOT BE REQUIRED TO PAY A FILING FEE OR OTHER COSTS. 14,562
(B) IF AN OBLIGEE PREVAILS, A RESPONDING TRIBUNAL MAY 14,564
ASSESS AGAINST AN OBLIGOR FILING FEES, REASONABLE ATTORNEY'S 14,565
FEES, OTHER COSTS, AND NECESSARY TRAVEL AND OTHER REASONABLE 14,566
EXPENSES INCURRED BY THE OBLIGEE AND THE OBLIGEE'S WITNESSES. 14,567
THE TRIBUNAL MAY NOT ASSESS FEES, COSTS, OR EXPENSES AGAINST THE 14,568
OBLIGEE OR THE SUPPORT ENFORCEMENT AGENCY OF EITHER THE 14,569
INITIATING OR THE RESPONDING STATE, EXCEPT AS PROVIDED BY OTHER 14,570
LAW. ATTORNEY'S FEES MAY BE TAXED AS COSTS, AND MAY BE ORDERED 14,571
PAID DIRECTLY TO THE ATTORNEY, WHO MAY ENFORCE THE ORDER IN THE 14,572
ATTORNEY'S OWN NAME. PAYMENT OF SUPPORT OWED TO THE OBLIGEE HAS 14,573
PRIORITY OVER FEES, COSTS AND EXPENSES. 14,574
(C) THE TRIBUNAL SHALL ORDER THE PAYMENT OF COSTS AND 14,576
REASONABLE ATTORNEY'S FEES IF IT DETERMINES THAT A HEARING WAS 14,577
REQUESTED PRIMARILY FOR DELAY. 14,578
Sec. 3115.25. (A) PARTICIPATION BY A PLAINTIFF IN A 14,580
PROCEEDING BEFORE A RESPONDING TRIBUNAL PURSUANT TO SECTIONS 14,582
3115.01 TO 3115.59 OF THE REVISED CODE, WHETHER IN PERSON, BY 14,583
PRIVATE ATTORNEY, OR THROUGH SERVICES PROVIDED BY THE SUPPORT 14,584
ENFORCEMENT AGENCY, DOES NOT CONFER PERSONAL JURISDICTION OVER 14,585
THE PLAINTIFF IN ANOTHER PROCEEDING. 14,586
(B) A PLAINTIFF IS NOT AMENABLE TO SERVICE OF CIVIL 14,588
PROCESS WHILE PHYSICALLY PRESENT IN THIS STATE TO PARTICIPATE IN 14,589
A PROCEEDING UNDER SECTIONS 3115.01 TO 3115.59 OF THE REVISED 14,590
CODE.
(C) THE IMMUNITY GRANTED BY THIS SECTION DOES NOT EXTEND 14,592
TO CIVIL LITIGATION BASED ON ACTS UNRELATED TO A PROCEEDING UNDER 14,593
SECTIONS 3115.01 TO 3115.59 OF THE REVISED CODE COMMITTED BY A 14,594
PARTY WHILE PRESENT IN THIS STATE TO PARTICIPATE IN THE 14,596
PROCEEDING.
355
Sec. 3115.26. A PARTY WHO HAS BEEN PREVIOUSLY DETERMINED 14,599
PURSUANT TO LAW TO BE THE PARENT OF A CHILD MAY NOT PLEAD THAT 14,600
THE PARTY IS NOT THE PARENT OF THE CHILD AS A DEFENSE TO A 14,601
PROCEEDING UNDER SECTIONS 3115.01 TO 3115.59 OF THE REVISED CODE.
Sec. 3115.27. EXCEPT AS PROVIDED IN SECTIONS 3115.04 AND 14,603
3115.50 OF THE REVISED CODE, IN A PROCEEDING UNDER SECTIONS 14,604
3115.01 TO 3115.59 OF THE REVISED CODE ALL THE FOLLOWING APPLY:
(A) THE PHYSICAL PRESENCE OF THE PLAINTIFF IN A RESPONDING 14,607
TRIBUNAL OF THIS STATE IS NOT REQUIRED FOR THE ISSUANCE, 14,608
ENFORCEMENT, OR MODIFICATION OF A SUPPORT ORDER OR THE 14,609
DETERMINATION OF THE EXISTENCE OR NONEXISTENCE OF A PARENT AND
CHILD RELATIONSHIP. 14,610
(B) A VERIFIED COMPLAINT, AFFIDAVIT, DOCUMENT 14,612
SUBSTANTIALLY COMPLYING WITH FEDERALLY MANDATED FORMS, AND A 14,613
DOCUMENT INCORPORATED BY REFERENCE IN ANY OF THEM, NOT EXCLUDED 14,614
UNDER THE HEARSAY RULE IF GIVEN IN PERSON, IS ADMISSIBLE IN 14,615
EVIDENCE IF GIVEN UNDER OATH BY A PARTY OR WITNESS RESIDING IN 14,616
ANOTHER STATE. 14,617
(C) A COPY OF THE RECORD OF CHILD SUPPORT PAYMENTS 14,619
CERTIFIED AS A TRUE COPY OF THE ORIGINAL BY THE CUSTODIAN OF THE 14,620
RECORD MAY BE FORWARDED TO A RESPONDING TRIBUNAL. THE COPY IS 14,621
EVIDENCE OF FACTS ASSERTED IN IT, AND IS ADMISSIBLE TO SHOW 14,622
WHETHER PAYMENTS WERE MADE. 14,623
(D) COPIES OF BILLS FOR TESTING FOR PARENTAGE, AND FOR 14,625
PRENATAL AND POSTNATAL HEALTH CARE OF THE MOTHER AND CHILD, 14,626
FURNISHED TO THE ADVERSE PARTY AT LEAST TEN DAYS BEFORE TRIAL, 14,627
ARE ADMISSIBLE IN EVIDENCE TO PROVE THE AMOUNT OF THE CHARGES 14,628
BILLED AND THAT THE CHARGES WERE REASONABLE, NECESSARY, AND 14,629
CUSTOMARY. 14,630
(E) DOCUMENTARY EVIDENCE TRANSMITTED FROM ANOTHER STATE TO 14,632
A TRIBUNAL OF THIS STATE BY TELEPHONE, TELECOPIER, OR OTHER MEANS 14,633
THAT DO NOT PROVIDE AN ORIGINAL WRITING MAY NOT BE EXCLUDED FROM 14,634
EVIDENCE ON AN OBJECTION BASED ON THE MEANS OF TRANSMISSION. 14,635
(F) A TRIBUNAL OF THIS STATE MAY PERMIT A PARTY OR WITNESS 14,638
356
RESIDING IN ANOTHER STATE TO BE DEPOSED OR TO TESTIFY BY 14,639
TELEPHONE, AUDIOVISUAL MEANS, OR OTHER ELECTRONIC MEANS AT A 14,640
DESIGNATED TRIBUNAL OR OTHER LOCATION IN THAT STATE. A TRIBUNAL 14,641
OF THIS STATE SHALL COOPERATE WITH TRIBUNALS OF OTHER STATES IN 14,642
DESIGNATING AN APPROPRIATE LOCATION FOR THE DEPOSITION OR 14,643
TESTIMONY.
(G) IF A PARTY CALLED TO TESTIFY AT A CIVIL HEARING 14,645
REFUSES TO ANSWER A QUESTION, THE TRIER OF FACT MAY DRAW AN 14,646
ADVERSE INFERENCE FROM THE PERSON'S SILENCE. 14,647
(H) A PRIVILEGE AGAINST DISCLOSURE OF COMMUNICATIONS 14,649
BETWEEN SPOUSES DOES NOT APPLY. 14,650
(I) THE DEFENSE OF IMMUNITY BASED ON THE RELATIONSHIP OF 14,652
HUSBAND AND WIFE OR PARENT AND CHILD DOES NOT APPLY. 14,653
Sec. 3115.28. A TRIBUNAL OF THIS STATE MAY COMMUNICATE 14,655
WITH A TRIBUNAL OF ANOTHER STATE IN WRITING, OR BY TELEPHONE OR 14,656
OTHER MEANS, TO OBTAIN INFORMATION CONCERNING THE LAWS OF THAT 14,657
STATE, THE LEGAL EFFECT OF A JUDGMENT, DECREE, OR ORDER OF THAT 14,658
TRIBUNAL, AND THE STATUS OF A PROCEEDING IN THE OTHER STATE. A 14,659
TRIBUNAL OF THIS STATE MAY FURNISH SIMILAR INFORMATION BY SIMILAR 14,660
MEANS TO A TRIBUNAL OF ANOTHER STATE. 14,661
Sec. 3115.29. A TRIBUNAL OF THIS STATE MAY REQUEST A 14,664
TRIBUNAL OF ANOTHER STATE TO ASSIST IN OBTAINING DISCOVERY AND 14,665
MAY, ON THE REQUEST OF A TRIBUNAL OF ANOTHER STATE, COMPEL A 14,667
PERSON OVER WHOM IT HAS JURISDICTION TO RESPOND TO A DISCOVERY 14,668
ORDER ISSUED BY THE REQUESTING TRIBUNAL. 14,669
Sec. 3115.30. A SUPPORT ENFORCEMENT AGENCY OR TRIBUNAL OF 14,671
THIS STATE SHALL DISBURSE PROMPTLY ANY AMOUNTS RECEIVED PURSUANT 14,672
TO A SUPPORT ORDER, AS DIRECTED IN THE ORDER. THE AGENCY OR 14,673
TRIBUNAL SHALL FURNISH TO A REQUESTING PARTY OR TRIBUNAL OF 14,674
ANOTHER STATE A CERTIFIED STATEMENT BY THE CUSTODIAN OF THE 14,675
RECORD OF THE AMOUNTS AND DATES OF ALL PAYMENTS RECEIVED. 14,676
Sec. 3115.31. (A) IF A SUPPORT ORDER ENTITLED TO 14,678
RECOGNITION UNDER SECTIONS 3115.01 TO 3115.59 OF THE REVISED CODE 14,680
HAS NOT BEEN ISSUED, A RESPONDING TRIBUNAL OF THIS STATE MAY 14,682
357
ISSUE A SUPPORT ORDER IF EITHER OF THE FOLLOWING APPLY:
(1) THE INDIVIDUAL SEEKING THE ORDER RESIDES IN ANOTHER 14,684
STATE; 14,685
(2) THE SUPPORT ENFORCEMENT AGENCY SEEKING THE ORDER IS 14,687
LOCATED IN ANOTHER STATE. 14,688
(B) THE TRIBUNAL MAY ISSUE A TEMPORARY CHILD SUPPORT ORDER 14,690
IF ANY OF THE FOLLOWING APPLY: 14,691
(1) THE DEFENDANT HAS SIGNED A VERIFIED STATEMENT 14,693
ACKNOWLEDGING THAT THE DEFENDANT IS THE PARENT OF THE CHILD; 14,694
(2) THE DEFENDANT HAS BEEN DETERMINED BY OR PURSUANT TO 14,696
LAW TO BE THE PARENT; 14,697
(3) THERE IS OTHER CLEAR AND CONVINCING EVIDENCE THAT THE 14,699
DEFENDANT IS THE CHILD'S PARENT. 14,700
(C)(1) IF THE RESPONDING TRIBUNAL FINDS, AFTER GIVING 14,702
NOTICE AND AN OPPORTUNITY TO BE HEARD TO THE OBLIGOR, THAT THE 14,703
OBLIGOR OWES A DUTY OF SUPPORT, IT SHALL ISSUE A SUPPORT ORDER 14,704
DIRECTED TO THE OBLIGOR AND MAY ISSUE ANY OTHER ORDER UNDER 14,706
SECTION 3115.16 OF THE REVISED CODE. SUPPORT ORDERS MADE
PURSUANT TO SECTIONS 3115.01 TO 3115.59 OF THE REVISED CODE SHALL 14,708
REQUIRE THAT PAYMENTS BE MADE TO THE DIVISION OF CHILD SUPPORT IN 14,709
THE DEPARTMENT OF HUMAN SERVICES. 14,710
(2) THE RESPONDING TRIBUNAL SHALL TRANSMIT TO THE 14,712
INITIATING TRIBUNAL A COPY OF ALL ORDERS OF SUPPORT OR FOR 14,713
REIMBURSEMENT OF SUPPORT. 14,714
(3) EACH ORDER FOR SUPPORT MADE OR MODIFIED UNDER SECTION 14,716
3115.16 OF THE REVISED CODE, THIS SECTION, AND UNDER FORMER 14,717
SECTION 3115.22 OF THE REVISED CODE ON OR AFTER DECEMBER 31, 14,719
1993, SHALL INCLUDE AS PART OF THE ORDER A GENERAL PROVISION, AS 14,721
DESCRIBED IN DIVISION (A)(1) OF SECTION 3113.21 OF THE REVISED 14,722
CODE, REQUIRING THE WITHHOLDING OR DEDUCTION OF INCOME OR ASSETS 14,723
OF THE OBLIGOR UNDER THE ORDER AS DESCRIBED IN DIVISION (D) OF 14,724
SECTION 3113.21 OF THE REVISED CODE OR ANOTHER TYPE OF 14,725
APPROPRIATE REQUIREMENT AS DESCRIBED IN DIVISION (D)(3), (D)(4), 14,726
OR (H) OF THAT SECTION, TO ENSURE THAT WITHHOLDING OR DEDUCTION 14,728
358
FROM THE INCOME OR ASSETS OF THE OBLIGOR IS AVAILABLE FROM THE 14,729
COMMENCEMENT OF THE SUPPORT ORDER FOR COLLECTION OF THE SUPPORT 14,730
AND OF ANY ARREARAGES THAT OCCUR; A STATEMENT REQUIRING ALL 14,731
PARTIES TO THE ORDER TO NOTIFY THE SUPPORT ENFORCEMENT AGENCY IN 14,732
WRITING OF THEIR CURRENT MAILING ADDRESS, CURRENT RESIDENCE 14,733
ADDRESS, CURRENT RESIDENCE TELEPHONE NUMBER, CURRENT DRIVER'S 14,734
LICENSE NUMBER, AND ANY CHANGES TO THAT INFORMATION; AND A NOTICE 14,735
THAT THE REQUIREMENT TO NOTIFY THE AGENCY OF ALL CHANGES TO THAT 14,737
INFORMATION CONTINUES UNTIL FURTHER NOTICE FROM THE TRIBUNAL. 14,738
ANY TRIBUNAL THAT MAKES OR MODIFIES AN ORDER FOR SUPPORT UNDER 14,740
THIS SECTION OR FORMER SECTION 3115.22 OF THE REVISED CODE ON OR
AFTER APRIL 12, 1990, SHALL COMPLY WITH SECTIONS 3113.21 TO 14,742
3113.219 OF THE REVISED CODE. IF ANY PERSON REQUIRED TO PAY 14,743
CHILD SUPPORT UNDER AN ORDER MADE UNDER THIS SECTION OR FORMER 14,744
SECTION 3115.22 OF THE REVISED CODE ON OR AFTER APRIL 15, 1985, 14,745
OR ANY PERSON REQUIRED TO PAY SUPPORT UNDER AN ORDER MADE OR 14,746
MODIFIED UNDER THIS SECTION OR FORMER SECTION 3115.22 OF THE 14,747
REVISED CODE ON OR AFTER DECEMBER 31, 1986, IS FOUND IN CONTEMPT 14,748
OF COURT FOR FAILURE TO MAKE SUPPORT PAYMENTS UNDER THE ORDER, 14,749
THE TRIBUNAL THAT MAKES THE FINDING, IN ADDITION TO ANY OTHER 14,750
PENALTY OR REMEDY IMPOSED, SHALL ASSESS ALL COURT COSTS ARISING 14,751
OUT OF THE CONTEMPT PROCEEDING AGAINST THE PERSON AND REQUIRE THE 14,752
PERSON TO PAY ANY REASONABLE ATTORNEY'S FEES OF ANY ADVERSE 14,753
PARTY, AS DETERMINED BY THE TRIBUNAL, THAT AROSE IN RELATION TO 14,754
THE ACT OF CONTEMPT. 14,755
Sec. 3115.32. AN INCOME WITHHOLDING ORDER ISSUED IN 14,757
ANOTHER STATE MAY BE SENT TO THE INDIVIDUAL OR ENTITY DEFINED AS 14,758
THE OBLIGOR'S PAYOR UNDER SECTIONS 3111.20 AND 3113.21 OF THE 14,759
REVISED CODE WITHOUT FIRST FILING A COMPLAINT OR COMPARABLE 14,760
PLEADING OR REGISTERING THE ORDER WITH A TRIBUNAL OF THIS STATE. 14,761
Sec. 3115.33. (A) UPON RECEIPT OF AN INCOME WITHHOLDING 14,763
ORDER, THE OBLIGOR'S EMPLOYER SHALL IMMEDIATELY PROVIDE A COPY OF 14,765
THE ORDER TO THE OBLIGOR. 14,766
(B) THE EMPLOYER SHALL TREAT AN INCOME WITHHOLDING ORDER 14,768
359
ISSUED IN ANOTHER STATE WHICH APPEARS REGULAR ON ITS FACE AS IF 14,769
IT HAD BEEN ISSUED BY A TRIBUNAL OF THIS STATE. 14,770
(C) EXCEPT AS OTHERWISE PROVIDED IN DIVISION (D) OF THIS 14,772
SECTION AND SECTION 3115.34 OF THE REVISED CODE, THE EMPLOYER 14,774
SHALL WITHHOLD AND DISTRIBUTE THE FUNDS AS DIRECTED IN THE 14,775
WITHHOLDING ORDER BY COMPLYING WITH TERMS OF THE ORDER THAT 14,776
SPECIFY:
(1) THE DURATION AND AMOUNT OF PERIODIC PAYMENTS OF 14,778
SUPPORT, STATED AS A SUM CERTAIN; 14,779
(2) THE PERSON OR AGENCY DESIGNATED TO RECEIVE PAYMENTS 14,781
AND THE ADDRESS TO WHICH THE PAYMENTS ARE TO BE FORWARDED; 14,782
(3) MEDICAL SUPPORT, WHETHER IN THE FORM OF PERIODIC CASH 14,784
PAYMENT, STATED AS A SUM CERTAIN, OR ORDERING THE OBLIGOR TO 14,785
PROVIDE HEALTH INSURANCE COVERAGE UNDER A POLICY AVAILABLE 14,787
THROUGH THE OBLIGOR'S EMPLOYMENT;
(4) THE AMOUNT OF PERIODIC PAYMENTS OF FEES AND COSTS FOR 14,789
A SUPPORT ENFORCEMENT AGENCY, THE ISSUING TRIBUNAL, AND THE 14,790
OBLIGEE'S ATTORNEY, STATED AS A SUM CERTAIN; 14,791
(5) THE AMOUNT OF PERIODIC PAYMENTS OF ARREARAGES AND 14,793
INTEREST ON ARREARAGES, STATED AS A SUM CERTAIN. 14,794
(D) AN EMPLOYER SHALL COMPLY WITH THE LAW OF THE STATE OF 14,796
THE OBLIGOR'S PRINCIPAL PLACE OF EMPLOYMENT FOR WITHHOLDING FROM 14,797
INCOME WITH RESPECT TO ALL OF THE FOLLOWING: 14,798
(1) THE EMPLOYER'S FEE FOR PROCESSING AN INCOME 14,800
WITHHOLDING ORDER; 14,801
(2) THE MAXIMUM AMOUNT PERMITTED TO BE WITHHELD FROM THE 14,803
OBLIGOR'S INCOME; 14,804
(3) THE TIMES WITHIN WHICH THE EMPLOYER MUST IMPLEMENT THE 14,806
WITHHOLDING ORDER AND FORWARD THE SUPPORT PAYMENT. 14,807
Sec. 3115.34. IF AN OBLIGOR'S EMPLOYER RECEIVES MULTIPLE 14,809
INCOME WITHHOLDING ORDERS WITH RESPECT TO THE EARNINGS OF THE 14,811
SAME OBLIGOR, THE EMPLOYER SATISFIES THE TERMS OF THE MULTIPLE 14,812
ORDERS IF THE EMPLOYER COMPLIES WITH THE LAW OF THE STATE OF THE 14,813
OBLIGOR'S PRINCIPAL PLACE OF EMPLOYMENT TO ESTABLISH THE 14,814
360
PRIORITIES FOR WITHHOLDING AND ALLOCATING INCOME WITHHELD FOR 14,815
MULTIPLE SUPPORT OBLIGEES. 14,816
Sec. 3115.35. AN EMPLOYER WHO COMPLIES WITH AN INCOME 14,818
WITHHOLDING ORDER ISSUED IN ANOTHER STATE IN ACCORDANCE WITH 14,819
SECTIONS 3115.32 TO 3115.37 OF THE REVISED CODE IS NOT SUBJECT TO 14,820
CIVIL LIABILITY TO AN INDIVIDUAL OR AGENCY WITH REGARD TO THE 14,821
EMPLOYER'S WITHHOLDING OF SUPPORT FROM THE OBLIGOR'S INCOME 14,822
PURSUANT TO THE SUPPORT ORDER.
Sec. 3115.36. AN EMPLOYER WHO WILLFULLY FAILS TO COMPLY 14,824
WITH AN INCOME WITHHOLDING ORDER ISSUED BY ANOTHER STATE AND 14,825
RECEIVED FOR ENFORCEMENT IS SUBJECT TO THE SAME PENALTIES THAT 14,826
MAY BE IMPOSED FOR NONCOMPLIANCE WITH AN ORDER ISSUED BY A 14,827
TRIBUNAL OF THIS STATE. 14,828
Sec. 3115.37. (A) IF A PERSON DESIGNATED AS AN OBLIGOR 14,830
UNDER AN INCOME WITHHOLDING ORDER ISSUED IN ANOTHER STATE AND 14,831
RECEIVED DIRECTLY BY AN EMPLOYER IN THIS STATE BELIEVES THAT THE 14,832
PERSON IS NOT SUBJECT TO A SUPPORT ORDER OR DOES NOT HAVE A DUTY 14,833
OF SUPPORT UNDER ANY ORDER ISSUED BY ANY TRIBUNAL PURSUANT TO 14,834
WHICH THE INCOME WITHHOLDING ORDER WAS ISSUED, THE PERSON MAY 14,835
CONTEST THE VALIDITY OR ENFORCEMENT OF THE INCOME WITHHOLDING 14,836
ORDER BY FILING AN ACTION FOR DECLARATORY JUDGMENT PURSUANT TO 14,837
CHAPTER 2721. OF THE REVISED CODE IN THE COURT OF COMMON PLEAS IN 14,838
THE COUNTY IN WHICH IS LOCATED THE EMPLOYER'S PRINCIPAL PLACE OF 14,839
BUSINESS REQUESTING THAT THE COURT DETERMINE WHETHER THE PERSON
IS THE OBLIGOR SUBJECT TO A SUPPORT ORDER OR HAS A DUTY OF 14,840
SUPPORT UNDER A SUPPORT ORDER PURSUANT TO WHICH THE INCOME 14,841
WITHHOLDING ORDER WAS ISSUED.
(B) THE OBLIGOR SHALL GIVE NOTICE OF THE ACTION INITIATED 14,843
PURSUANT TO CHAPTER 2721. OF THE REVISED CODE TO ALL OF THE 14,844
FOLLOWING:
(1) A SUPPORT ENFORCEMENT AGENCY PROVIDING SERVICES TO THE 14,846
OBLIGEE; 14,847
(2) EACH EMPLOYER THAT HAS DIRECTLY RECEIVED AN INCOME 14,850
WITHHOLDING ORDER;
361
(3) THE PERSON OR AGENCY DESIGNATED TO RECEIVE PAYMENTS IN 14,852
THE INCOME WITHHOLDING ORDER OR, IF NO PERSON OR AGENCY IS 14,853
DESIGNATED, THE OBLIGEE. 14,854
(C) NOTWITHSTANDING SECTIONS 3115.32 TO 3115.36 OF THE 14,856
REVISED CODE, IF THE COURT ISSUES AN ORDER DETERMINING THAT THE 14,857
PERSON IS NOT AN OBLIGOR SUBJECT TO A SUPPORT ORDER OR DOES NOT 14,858
HAVE A DUTY OF SUPPORT UNDER A SUPPORT ORDER PURSUANT TO WHICH 14,859
THE INCOME WITHHOLDING ORDER WAS ISSUED, THE EMPLOYER SHALL NOT 14,860
ENFORCE THE INCOME WITHHOLDING ORDER AGAINST THE PERSON.
Sec. 3115.38. A PARTY SEEKING TO ENFORCE A SUPPORT ORDER 14,862
OR AN INCOME WITHHOLDING ORDER, OR BOTH, ISSUED BY A TRIBUNAL OF 14,863
ANOTHER STATE MAY SEND THE DOCUMENTS REQUIRED FOR REGISTERING THE 14,865
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 14,867
DOCUMENTS, THE SUPPORT ENFORCEMENT AGENCY, WITHOUT INITIALLY 14,868
SEEKING TO REGISTER THE ORDER, SHALL CONSIDER AND, IF 14,869
APPROPRIATE, USE ANY ADMINISTRATIVE PROCEDURE AUTHORIZED BY THE 14,870
LAW OF THIS STATE TO ENFORCE A SUPPORT ORDER OR AN INCOME 14,871
WITHHOLDING ORDER, OR BOTH. IF THE OBLIGOR DOES NOT CONTEST 14,872
ADMINISTRATIVE ENFORCEMENT, THE ORDER NEED NOT BE REGISTERED. IF 14,873
THE OBLIGOR CONTESTS THE VALIDITY OR ADMINISTRATIVE ENFORCEMENT 14,874
OF THE ORDER, THE SUPPORT ENFORCEMENT AGENCY SHALL REGISTER THE 14,875
ORDER PURSUANT TO SECTIONS 3115.39 TO 3115.51 OF THE REVISED
CODE.
Sec. 3115.39. (A) A SUPPORT ORDER OR INCOME WITHHOLDING 14,877
ORDER OF ANOTHER STATE MAY BE REGISTERED IN THIS STATE BY SENDING 14,879
ALL OF THE FOLLOWING DOCUMENTS AND INFORMATION TO THE APPROPRIATE 14,880
TRIBUNAL IN THIS STATE: 14,881
(1) A LETTER OF TRANSMITTAL TO THE TRIBUNAL REQUESTING 14,883
REGISTRATION AND ENFORCEMENT; 14,884
(2) TWO COPIES, INCLUDING ONE CERTIFIED COPY, OF ALL 14,886
ORDERS TO BE REGISTERED, INCLUDING ANY MODIFICATION OF AN ORDER; 14,887
(3) A SWORN STATEMENT BY THE PARTY SEEKING REGISTRATION OR 14,889
A CERTIFIED STATEMENT BY THE CUSTODIAN OF THE RECORDS SHOWING THE 14,890
362
AMOUNT OF ANY ARREARAGE; 14,891
(4) THE NAME OF THE OBLIGOR AND ALL OF THE FOLLOWING, IF 14,893
KNOWN:
(a) THE OBLIGOR'S ADDRESS AND SOCIAL SECURITY NUMBER; 14,895
(b) THE NAME AND ADDRESS OF THE OBLIGOR'S EMPLOYER AND ANY 14,897
OTHER SOURCE OF INCOME OF THE OBLIGOR; 14,898
(c) A DESCRIPTION AND THE LOCATION OF PROPERTY OF THE 14,900
OBLIGOR IN THIS STATE NOT EXEMPT FROM EXECUTION. 14,901
(5) THE NAME AND ADDRESS OF THE OBLIGEE AND, IF 14,903
APPLICABLE, THE AGENCY OR PERSON TO WHOM SUPPORT PAYMENTS ARE TO 14,904
BE REMITTED. 14,905
(B) ON RECEIPT OF A REQUEST FOR REGISTRATION, THE 14,907
REGISTERING TRIBUNAL SHALL CAUSE THE ORDER TO BE FILED, TOGETHER 14,909
WITH ONE COPY OF THE DOCUMENTS AND INFORMATION, REGARDLESS OF 14,910
THEIR FORM.
(C) A COMPLAINT OR COMPARABLE PLEADING SEEKING A REMEDY 14,912
THAT MUST BE AFFIRMATIVELY SOUGHT UNDER OTHER LAW OF THIS STATE 14,913
MAY BE FILED AT THE SAME TIME AS THE REQUEST FOR REGISTRATION OR 14,914
AT A LATER TIME. THE PLEADING MUST SPECIFY THE GROUNDS FOR THE 14,915
REMEDY SOUGHT. 14,916
Sec. 3115.40. A SUPPORT ORDER OR INCOME WITHHOLDING ORDER 14,918
ISSUED IN ANOTHER STATE IS REGISTERED WHEN THE ORDER IS FILED IN 14,919
THE REGISTERING TRIBUNAL OF THIS STATE PURSUANT TO SECTION 14,920
3115.39 OF THE REVISED CODE. A REGISTERED ORDER ISSUED IN 14,921
ANOTHER STATE THAT IS CONFIRMED PURSUANT TO SECTION 3115.43 OR 14,922
3115.44 OF THE REVISED CODE IS ENFORCEABLE IN THE SAME MANNER AND 14,923
IS SUBJECT TO THE SAME PROCEDURES AS AN ORDER ISSUED BY A 14,924
TRIBUNAL OF THIS STATE. EXCEPT AS PROVIDED IN SECTIONS 3115.39 14,925
TO 3115.51 OF THE REVISED CODE, A TRIBUNAL OF THIS STATE SHALL 14,926
RECOGNIZE AND ENFORCE, BUT MAY NOT MODIFY, A REGISTERED ORDER 14,927
THAT HAS BEEN CONFIRMED IF THE ISSUING TRIBUNAL HAD JURISDICTION. 14,928
Sec. 3115.41. THE LAW OF THE ISSUING STATE GOVERNS THE 14,930
NATURE, EXTENT, AMOUNT, AND DURATION OF CURRENT PAYMENTS AND 14,931
OTHER OBLIGATIONS OF SUPPORT AND THE PAYMENT OF ARREARAGES UNDER 14,932
363
THE ORDER. IN A PROCEEDING FOR ARREARAGES, THE STATUTE OF 14,933
LIMITATION UNDER THE LAWS OF THIS STATE OR OF THE ISSUING STATE, 14,934
WHICHEVER IS LONGER, APPLIES. 14,935
Sec. 3115.42. (A) WHEN A SUPPORT ORDER OR INCOME 14,937
WITHHOLDING ORDER ISSUED IN ANOTHER STATE IS REGISTERED, 14,939
IMMEDIATELY ON REGISTRATION THE REGISTERING TRIBUNAL SHALL SEND 14,941
NOTICE TO THE NONREGISTERING PARTY OF THE REGISTRATION. THE
NOTICE MUST BE ACCOMPANIED BY A COPY OF THE REGISTERED ORDER AND 14,943
THE DOCUMENTS AND RELEVANT INFORMATION DESCRIBED IN DIVISION (A) 14,944
OF SECTION 3115.39 OF THE REVISED CODE.
(B) THE NOTICE MUST INFORM THE NONREGISTERING PARTY OF ALL 14,946
OF THE FOLLOWING: 14,947
(1) THAT A REGISTERED ORDER THAT IS CONFIRMED PURSUANT TO 14,949
SECTION 3115.43 OR 3115.44 OF THE REVISED CODE IS ENFORCEABLE AS 14,950
OF THE DATE OF REGISTRATION IN THE SAME MANNER AS AN ORDER ISSUED 14,951
BY A TRIBUNAL OF THIS STATE; 14,952
(2) THAT A HEARING TO CONTEST THE VALIDITY OR ENFORCEMENT 14,954
OF THE REGISTERED ORDER MUST BE REQUESTED PURSUANT TO SECTION 14,955
3115.43 OF THE REVISED CODE NO LATER THAN TWENTY DAYS AFTER THE 14,957
DATE OF MAILING OR PERSONAL SERVICE OF THE NOTICE;
(3) THAT FAILURE TO CONTEST THE VALIDITY OR ENFORCEMENT OF 14,959
THE REGISTERED ORDER IN A TIMELY MANNER WILL RESULT IN 14,960
CONFIRMATION OF THE ORDER AND ENFORCEMENT OF THE ORDER AND THE 14,961
ALLEGED ARREARAGES AND PRECLUDES FURTHER CONTEST OF THAT ORDER 14,962
WITH RESPECT TO ANY MATTER THAT COULD HAVE BEEN ASSERTED; 14,963
(4) THE AMOUNT OF ANY ALLEGED ARREARAGES UNDER THE SUPPORT 14,965
ORDER.
(C) ON REGISTRATION OF AN INCOME WITHHOLDING ORDER FOR 14,967
ENFORCEMENT, THE REGISTERING TRIBUNAL SHALL ISSUE A WITHHOLDING 14,968
NOTICE TO THE OBLIGOR'S EMPLOYER PURSUANT TO SECTIONS 3113.21 TO 14,970
3113.219 OF THE REVISED CODE.
Sec. 3115.43. (A) A NONREGISTERING PARTY SEEKING TO 14,972
CONTEST THE VALIDITY OR ENFORCEMENT OF A REGISTERED ORDER IN THIS 14,974
STATE SHALL REQUEST A HEARING NO LATER THAN TWENTY DAYS AFTER THE 14,975
364
DATE OF MAILING OR PERSONAL SERVICE OF THE NOTICE OF THE 14,976
REGISTRATION BY FILING A MOTION WITH THE REGISTERING TRIBUNAL. 14,977
THE NONREGISTERING PARTY MAY SEEK TO VACATE THE REGISTRATION, TO 14,978
ASSERT ANY DEFENSE TO AN ALLEGATION OF NONCOMPLIANCE WITH THE 14,979
REGISTERED ORDER, OR TO CONTEST THE REMEDIES BEING SOUGHT OR THE 14,980
AMOUNT OF ANY ALLEGED ARREARAGES PURSUANT TO SECTION 3115.44 OF 14,981
THE REVISED CODE.
(B) IF THE NONREGISTERING PARTY FAILS TO MAKE THE REQUEST 14,983
PURSUANT TO DIVISION (A) OF THIS SECTION IN A TIMELY MANNER, THE 14,985
ORDER IS CONFIRMED BY OPERATION OF LAW.
(C) IF A NONREGISTERING PARTY MAKES A REQUEST PURSUANT TO 14,987
DIVISION (A) OF THIS SECTION IN A TIMELY MANNER, THE REGISTERING 14,990
TRIBUNAL SHALL SCHEDULE THE MATTER FOR HEARING AND GIVE NOTICE TO 14,991
THE PARTIES OF THE DATE, TIME, AND PLACE OF THE HEARING. AT THE 14,992
HEARING, THE REGISTERING TRIBUNAL SHALL DETERMINE WHETHER THE
REGISTERED ORDER IS TO BE CONFIRMED. 14,993
Sec. 3115.44. (A) A PARTY CONTESTING THE VALIDITY OR 14,995
ENFORCEMENT OF A REGISTERED ORDER OR SEEKING TO VACATE THE 14,997
REGISTRATION HAS THE BURDEN OF PROVING ONE OR MORE OF THE 14,998
FOLLOWING DEFENSES:
(1) THE ISSUING TRIBUNAL LACKED PERSONAL JURISDICTION OVER 15,000
THE CONTESTING PARTY; 15,001
(2) THE ORDER WAS OBTAINED BY FRAUD; 15,003
(3) THE ORDER HAS BEEN VACATED, SUSPENDED, OR MODIFIED BY 15,005
A LATER ORDER; 15,006
(4) THE ISSUING TRIBUNAL HAS STAYED THE ORDER PENDING 15,008
APPEAL; 15,009
(5) THERE IS A DEFENSE UNDER THE LAW OF THIS STATE TO THE 15,011
REMEDY SOUGHT; 15,012
(6) FULL OR PARTIAL PAYMENT HAS BEEN MADE; 15,014
(7) THE APPLICABLE STATUTE OF LIMITATION UNDER SECTION 15,016
3115.41 OF THE REVISED CODE PRECLUDES ENFORCEMENT OF SOME OR ALL 15,017
OF THE ARREARAGES.
(B) IF A PARTY PRESENTS EVIDENCE ESTABLISHING A FULL OR 15,019
365
PARTIAL DEFENSE UNDER DIVISION (A) OF THIS SECTION, A TRIBUNAL 15,020
MAY STAY ENFORCEMENT OF THE REGISTERED ORDER, CONTINUE THE 15,022
PROCEEDING TO PERMIT PRODUCTION OF ADDITIONAL RELEVANT EVIDENCE, 15,023
AND ISSUE OTHER APPROPRIATE ORDERS. AN UNCONTESTED PORTION OF 15,024
THE REGISTERED ORDER MAY BE ENFORCED BY ALL REMEDIES AVAILABLE 15,025
UNDER THE LAW OF THIS STATE. 15,026
(C) IF THE CONTESTING PARTY DOES NOT ESTABLISH A DEFENSE 15,028
UNDER DIVISION (A) OF THIS SECTION TO THE VALIDITY OR ENFORCEMENT 15,029
OF THE ORDER, THE REGISTERING TRIBUNAL SHALL ISSUE AN ORDER 15,031
CONFIRMING THE ORDER. 15,032
Sec. 3115.45. CONFIRMATION OF A REGISTERED ORDER, WHETHER 15,034
BY OPERATION OF LAW UNDER SECTION 3115.43 OF THE REVISED CODE OR 15,035
AFTER NOTICE AND HEARING PURSUANT TO SECTION 3115.44 OF THE 15,036
REVISED CODE, PRECLUDES FURTHER CONTEST OF THE ORDER WITH RESPECT 15,037
TO ANY MATTER THAT COULD HAVE BEEN ASSERTED AT THE TIME OF 15,038
REGISTRATION.
Sec. 3115.46. A PARTY OR SUPPORT ENFORCEMENT AGENCY 15,040
SEEKING TO MODIFY, OR TO MODIFY AND ENFORCE, A CHILD SUPPORT 15,041
ORDER ISSUED IN ANOTHER STATE SHALL REGISTER THAT ORDER IN THIS 15,042
STATE PURSUANT TO SECTION 3115.39 OF THE REVISED CODE. A MOTION 15,043
FOR MODIFICATION MAY BE FILED AT THE SAME TIME AS A REQUEST FOR 15,045
REGISTRATION, OR AT A LATER TIME. THE MOTION MUST SPECIFY THE 15,046
GROUNDS FOR MODIFICATION.
Sec. 3115.47. A TRIBUNAL OF THIS STATE MAY ENFORCE A CHILD 15,048
SUPPORT ORDER OF ANOTHER STATE REGISTERED FOR PURPOSES OF 15,050
MODIFICATION, IN THE SAME MANNER AS IF THE ORDER HAD BEEN ISSUED 15,051
BY A TRIBUNAL OF THIS STATE, BUT THE REGISTERED ORDER MAY BE 15,052
MODIFIED ONLY IF THE REQUIREMENTS OF SECTION 3115.48 OF THE 15,054
REVISED CODE HAVE BEEN MET.
Sec. 3115.48. (A) AFTER A CHILD SUPPORT ORDER ISSUED IN 15,056
ANOTHER STATE HAS BEEN REGISTERED IN THIS STATE, THE RESPONDING 15,058
TRIBUNAL OF THIS STATE MAY MODIFY THAT ORDER ONLY IF SECTION 15,059
3115.50 OF THE REVISED CODE DOES NOT APPLY AND AFTER NOTICE AND 15,060
HEARING IT FINDS EITHER OF THE FOLLOWING APPLICABLE:
366
(1) THE CHILD, THE INDIVIDUAL OBLIGEE, AND THE OBLIGOR 15,062
SUBJECT TO THE SUPPORT ORDER DO NOT RESIDE IN THE ISSUING STATE, 15,064
A PETITIONER WHO IS A NONRESIDENT OF THIS STATE SEEKS 15,065
MODIFICATION, AND THE RESPONDENT IS SUBJECT TO THE PERSONAL 15,067
JURISDICTION OF THE TRIBUNAL OF THIS STATE. 15,068
(2) THE CHILD, OR A PARTY WHO IS AN INDIVIDUAL, IS SUBJECT 15,070
TO THE PERSONAL JURISDICTION OF THE TRIBUNAL OF THIS STATE AND 15,071
ALL OF THE PARTIES WHO ARE INDIVIDUALS HAVE FILED WRITTEN 15,072
CONSENTS IN THE ISSUING TRIBUNAL FOR A TRIBUNAL OF THIS STATE TO 15,073
MODIFY THE SUPPORT ORDER AND ASSUME CONTINUING, EXCLUSIVE 15,074
JURISDICTION OVER THE ORDER. HOWEVER, IF THE ISSUING STATE IS A 15,075
FOREIGN JURISDICTION THAT HAS NOT ENACTED A LAW OR ESTABLISHED 15,076
PROCEDURES SUBSTANTIALLY SIMILAR TO THE PROCEDURES UNDER SECTIONS 15,078
3115.01 TO 3115.59 OF THE REVISED CODE, THE CONSENT OTHERWISE
REQUIRED OF AN INDIVIDUAL RESIDING IN THIS STATE IS NOT REQUIRED 15,080
FOR THE TRIBUNAL TO ASSUME JURISDICTION TO MODIFY THE CHILD 15,081
SUPPORT ORDER.
(B) MODIFICATION OF A REGISTERED CHILD SUPPORT ORDER IS 15,084
SUBJECT TO THE SAME REQUIREMENTS, PROCEDURES, AND DEFENSES THAT 15,085
APPLY TO THE MODIFICATION OF AN ORDER ISSUED BY A TRIBUNAL OF 15,086
THIS STATE AND THE ORDER MAY BE ENFORCED AND SATISFIED IN THE 15,087
SAME MANNER.
(C) A TRIBUNAL OF THIS STATE MAY NOT MODIFY ANY ASPECT OF 15,089
A CHILD SUPPORT ORDER THAT MAY NOT BE MODIFIED UNDER THE LAW OF 15,090
THE ISSUING STATE. IF TWO OR MORE TRIBUNALS HAVE ISSUED CHILD 15,092
SUPPORT ORDERS FOR THE SAME OBLIGOR AND CHILD, THE ORDER THAT 15,093
MUST BE RECOGNIZED AS CONTROLLING UNDER SECTION 3115.09 OF THE 15,094
REVISED CODE ESTABLISHES THE ASPECTS OF THE CHILD SUPPORT ORDER
THAT ARE NONMODIFIABLE. 15,095
(D) ON ISSUANCE OF AN ORDER MODIFYING A CHILD SUPPORT 15,097
ORDER ISSUED IN ANOTHER STATE, A TRIBUNAL OF THIS STATE BECOMES 15,098
THE TRIBUNAL HAVING CONTINUING, EXCLUSIVE JURISDICTION. 15,099
Sec. 3115.49. A TRIBUNAL OF THIS STATE SHALL RECOGNIZE A 15,101
MODIFICATION OF ITS EARLIER CHILD SUPPORT ORDER BY A TRIBUNAL OF 15,102
367
ANOTHER STATE THAT ASSUMED JURISDICTION PURSUANT TO A LAW ADOPTED 15,103
BY THE OTHER STATE THAT IS SUBSTANTIALLY SIMILAR TO SECTIONS 15,104
3115.01 TO 3115.59 OF THE REVISED CODE AND, UPON REQUEST, EXCEPT 15,105
AS OTHERWISE PROVIDED IN SECTIONS 3115.01 TO 3115.59 OF THE 15,106
REVISED CODE, SHALL DO ALL OF THE FOLLOWING: 15,107
(A) ENFORCE COLLECTION OF SUPPORT AMOUNTS ACCRUING BEFORE 15,110
THE MODIFICATION OF THE ORDER;
(B) ENFORCE ONLY NONMODIFIABLE ASPECTS OF THAT ORDER; 15,112
(C) PROVIDE OTHER APPROPRIATE RELIEF ONLY FOR VIOLATIONS 15,114
OF THAT ORDER THAT OCCURRED BEFORE THE EFFECTIVE DATE OF THE 15,115
MODIFICATION; 15,116
(D) RECOGNIZE THE MODIFYING ORDER OF THE OTHER STATE, UPON 15,118
REGISTRATION, FOR THE PURPOSE OF ENFORCEMENT. 15,119
Sec. 3115.50. IF ALL OF THE PARTIES WHO ARE INDIVIDUALS 15,121
RESIDE IN THIS STATE AND THE CHILD DOES NOT RESIDE IN THE ISSUING 15,123
STATE, A TRIBUNAL OF THIS STATE HAS JURISDICTION TO ENFORCE AND 15,124
TO MODIFY THE ISSUING STATE'S CHILD SUPPORT ORDER IN A PROCEEDING 15,125
TO REGISTER THAT ORDER. SECTIONS 3115.01 TO 3115.11 AND 3115.39 15,127
TO 3115.51 OF THE REVISED CODE AND THE PROCEDURAL AND SUBSTANTIVE 15,128
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 15,130
CODE ARE NOT APPLICABLE, TO A PROCEEDING CONDUCTED BY A TRIBUNAL 15,132
OF THIS STATE EXERCISING JURISDICTION UNDER THIS SECTION. 15,133
Sec. 3115.51. NO LATER THAN THIRTY DAYS AFTER ISSUANCE OF 15,136
A MODIFIED CHILD SUPPORT ORDER, THE PARTY OBTAINING THE 15,137
MODIFICATION SHALL FILE A CERTIFIED COPY OF THE ORDER WITH THE 15,138
ISSUING TRIBUNAL THAT HAD CONTINUING, EXCLUSIVE JURISDICTION OVER 15,139
THE EARLIER ORDER, AND IN EACH TRIBUNAL IN WHICH THE PARTY KNOWS 15,140
THE EARLIER ORDER HAS BEEN REGISTERED. A PARTY WHO OBTAINS THE 15,141
ORDER AND FAILS TO FILE A CERTIFIED COPY IS SUBJECT TO 15,142
APPROPRIATE SANCTIONS BY A TRIBUNAL IN WHICH THE ISSUE OF FAILURE 15,143
TO FILE ARISES. THE FAILURE TO FILE DOES NOT AFFECT THE VALIDITY 15,144
OR ENFORCEABILITY OF THE MODIFIED ORDER OF THE NEW TRIBUNAL 15,145
HAVING CONTINUING, EXCLUSIVE JURISDICTION. 15,146
368
Sec. 3115.52. (A) A TRIBUNAL OF THIS STATE MAY SERVE AS 15,148
AN INITIATING OR RESPONDING TRIBUNAL IN A PROCEEDING BROUGHT 15,150
UNDER SECTIONS 3115.01 TO 3115.59 OF THE REVISED CODE OR A LAW OR 15,152
PROCEDURE SUBSTANTIALLY SIMILAR TO THOSE SECTIONS, THE UNIFORM 15,153
RECIPROCAL ENFORCEMENT OF SUPPORT ACT, OR THE REVISED UNIFORM 15,154
RECIPROCAL ENFORCEMENT OF SUPPORT ACT TO DETERMINE THE EXISTENCE 15,155
OR NONEXISTENCE OF A PARENT AND CHILD RELATIONSHIP WITH RESPECT 15,156
TO THE PARTIES.
(B) IN A PROCEEDING PURSUANT TO DIVISION (A) OF THIS 15,158
SECTION, A RESPONDING TRIBUNAL OF THIS STATE SHALL COMPLY WITH 15,160
SECTIONS 3111.01 TO 3111.19 OF THE REVISED CODE AND THE RULES OF 15,161
THIS STATE ON CHOICE OF LAW. 15,162
Sec. 3115.53. (A) FOR PURPOSES OF THIS ARTICLE, 15,164
"GOVERNOR" INCLUDES AN INDIVIDUAL PERFORMING THE FUNCTIONS OF THE 15,166
EXECUTIVE AUTHORITY OF A STATE. 15,167
(B) THE GOVERNOR OF THIS STATE MAY DO EITHER OF THE 15,169
FOLLOWING:
(1) DEMAND THAT THE GOVERNOR OF ANOTHER STATE SURRENDER AN 15,171
INDIVIDUAL FOUND IN THE OTHER STATE WHO IS CHARGED CRIMINALLY IN 15,172
THIS STATE WITH HAVING FAILED TO PAY SUPPORT UNDER A SUPPORT 15,173
ORDER;
(2) ON THE DEMAND BY THE GOVERNOR OF ANOTHER STATE, 15,175
SURRENDER AN INDIVIDUAL FOUND IN THIS STATE WHO IS CHARGED 15,176
CRIMINALLY IN THE OTHER STATE WITH HAVING FAILED TO PAY SUPPORT 15,178
UNDER A SUPPORT ORDER.
(C) NOTWITHSTANDING SECTION 2963.03 OF THE REVISED CODE, 15,180
SECTIONS 2963.01 TO 2963.29 AND 107.04 OF THE REVISED CODE APPLY 15,181
TO THE DEMAND EVEN IF THE INDIVIDUAL WHOSE SURRENDER IS DEMANDED 15,182
WAS NOT IN THE DEMANDING STATE WHEN THE CRIME WAS ALLEGEDLY 15,183
COMMITTED AND HAS NOT FLED THEREFROM. 15,184
Sec. 3115.54. (A) BEFORE MAKING A DEMAND THAT THE 15,186
GOVERNOR OF ANOTHER STATE SURRENDER AN INDIVIDUAL PURSUANT TO 15,189
DIVISION (B)(1) OF SECTION 3115.53 OF THE REVISED CODE, THE 15,190
GOVERNOR OF THIS STATE MAY REQUIRE A PROSECUTOR OF THIS STATE TO
369
DEMONSTRATE THAT AT LEAST SIXTY DAYS PREVIOUSLY THE OBLIGEE HAD 15,191
INITIATED PROCEEDINGS FOR SUPPORT PURSUANT TO SECTIONS 3115.01 TO 15,192
3115.59 OF THE REVISED CODE OR THAT SUCH PROCEEDINGS WOULD NOT BE 15,193
EFFECTIVE IN ENFORCING THE SUPPORT ORDER. 15,194
(B) IF, UNDER A LAW ADOPTED BY ANOTHER STATE THAT IS 15,196
SUBSTANTIALLY SIMILAR TO SECTIONS 3115.01 TO 3115.59 OF THE 15,198
REVISED CODE, THE UNIFORM RECIPROCAL ENFORCEMENT OF SUPPORT ACT, 15,199
OR THE REVISED UNIFORM RECIPROCAL ENFORCEMENT OF SUPPORT ACT, THE 15,201
GOVERNOR OF THE OTHER STATE MAKES A DEMAND PURSUANT TO DIVISION 15,202
(B)(2) OF SECTION 3115.53 OF THE REVISED CODE, THE GOVERNOR OF 15,204
THIS STATE MAY REQUIRE A PROSECUTOR OF THIS STATE TO INVESTIGATE
THE DEMAND AND REPORT WHETHER A PROCEEDING FOR SUPPORT HAS BEEN 15,206
INITIATED OR WOULD BE EFFECTIVE IN ENFORCING THE SUPPORT ORDER. 15,207
IF IT APPEARS THAT A PROCEEDING WOULD BE EFFECTIVE BUT HAS NOT 15,209
BEEN INITIATED, THE GOVERNOR OF THIS STATE MAY DELAY HONORING THE 15,210
DEMAND FOR A REASONABLE TIME TO PERMIT THE INITIATION OF A 15,211
PROCEEDING.
(C) IF A PROCEEDING FOR SUPPORT HAS BEEN INITIATED AND THE 15,213
INDIVIDUAL WHOSE SURRENDER IS DEMANDED PREVAILS, THE GOVERNOR OF 15,215
THIS STATE MAY DECLINE TO HONOR THE DEMAND. IF THE PETITIONER
PREVAILS AND THE INDIVIDUAL WHOSE SURRENDER IS DEMANDED IS 15,216
SUBJECT TO A SUPPORT ORDER, THE GOVERNOR OF THIS STATE MAY 15,217
DECLINE TO HONOR THE DEMAND IF THE INDIVIDUAL IS COMPLYING WITH 15,218
THE SUPPORT ORDER.
Sec. 3115.55. (A) ANY ACTION OR PROCEEDING BROUGHT 15,220
PURSUANT TO SECTIONS 3115.01 TO 3115.59 OF THE REVISED CODE IS A 15,222
CIVIL ACTION AND SHALL BE GOVERNED BY THE RULES OF CIVIL 15,224
PROCEDURE UNLESS A DIFFERENT PROCEDURE IS SPECIFICALLY PROVIDED
BY THOSE SECTIONS. 15,225
(B) AN ACTION UNDER SECTION 3115.31 OF THE REVISED CODE TO 15,228
ESTABLISH A SUPPORT ORDER, SECTION 3115.37 OF THE REVISED CODE TO 15,229
CONTEST DIRECT WITHHOLDING OF SUPPORT, SECTIONS 3115.43 AND 15,230
3115.44 OF THE REVISED CODE TO REGISTER A SUPPORT ORDER, SECTION 15,231
3115.46 OF THE REVISED CODE TO REGISTER AN ORDER FOR 15,232
370
MODIFICATION, OR SECTION 3115.52 OF THE REVISED CODE TO DETERMINE 15,234
PARENTAGE IS AN ORIGINAL ACTION AND SHALL BE GOVERNED BY THE 15,235
RULES OF CIVIL PROCEDURE. ON FILING THE COMPLAINT WITH THE 15,236
RESPONDING TRIBUNAL, THE CLERK OF COURT SHALL COMPLY WITH THE 15,237
SERVICE OF PROCESS REQUIREMENTS OF THE RULES OF CIVIL PROCEDURE. 15,238
(C) IN ANY PROCEEDING IN WHICH THE PLAINTIFF SEEKS TO 15,241
INVOKE THE CONTINUING JURISDICTION OF A RESPONDING TRIBUNAL OF 15,242
THIS STATE IN ORDER TO MODIFY OR ENFORCE A SUPPORT ORDER, NOTICE 15,243
OF THE COMPLAINT SHALL BE SERVED IN THE MANNER PROVIDED FOR 15,244
SERVICE OF PROCESS UNDER THE RULES OF CIVIL PROCEDURE. 15,247
(D) IF THE MANNER OF NOTICE IS NOT SPECIFIED IN THIS 15,250
SECTION, OR OTHERWISE IN THIS CHAPTER OR THE RULES OF CIVIL 15,253
PROCEDURE, NOTICE SHALL BE BY FIRST CLASS MAIL. 15,254
Sec. 3115.56. (A) IF THIS STATE IS THE RESPONDING STATE, 15,258
A COMPLAINT SEEKING ENFORCEMENT, COLLECTION, OR MODIFICATION OF 15,259
AN EXISTING SUPPORT ORDER ORIGINALLY ISSUED IN THIS STATE SHALL 15,260
BE FILED WITH THE TRIBUNAL OR CHILD SUPPORT ENFORCEMENT AGENCY 15,261
THAT ISSUED THE ORIGINAL ORDER.
(B) AN ORIGINAL ACTION UNDER THIS CHAPTER SHALL BE FILED 15,264
WITH THE APPROPRIATE TRIBUNAL OF THE COUNTY PURSUANT TO SECTIONS 15,265
2151.23 AND 2301.03 OF THE REVISED CODE IN WHICH THE RESPONDENT 15,267
RESIDES OR IS FOUND. 15,268
(C) IF AN OBLIGOR CONTESTING THE DIRECT WITHHOLDING OF 15,270
INCOME UNDER SECTION 3115.37 OF THE REVISED CODE IS NOT A 15,273
RESIDENT OF THIS STATE, THE COMPLAINT SHALL BE FILED WITH THE 15,274
APPROPRIATE TRIBUNAL LOCATED IN EITHER OF THE FOLLOWING: 15,275
(1) THE COUNTY IN WHICH THE OBLIGOR'S EMPLOYER IS LOCATED, 15,278
IF THE ORDER ATTACHES TO THE INCOME OF THE OBLIGOR PAID BY THE 15,279
EMPLOYER;
(2) THE COUNTY IN WHICH AN ACCOUNT IS LOCATED IN A 15,281
FINANCIAL INSTITUTION, IF THE INCOME WITHHOLDING ORDER ATTACHES 15,282
THE FUNDS IN THAT ACCOUNT. 15,283
IF VENUE CANNOT BE DETERMINED UNDER DIVISION (C)(1) OR (2) 15,286
OF THIS SECTION, THE NONRESIDENT OBLIGOR SHALL FILE THE COMPLAINT 15,287
371
WITH A TRIBUNAL LOCATED IN A COUNTY OF THIS STATE THAT BORDERS 15,288
THE OBLIGOR'S COUNTY OF RESIDENCE OR IN FRANKLIN COUNTY. 15,290
Sec. 3115.57. AN ORDER ISSUED PRIOR TO THE EFFECTIVE DATE 15,293
OF THIS SECTION PURSUANT TO FORMER CHAPTER 3115. OF THE REVISED 15,295
CODE SHALL REMAIN IN FULL FORCE AND EFFECT AS ISSUED, BUT MAY BE 15,296
MODIFIED OR TERMINATED PURSUANT TO CHAPTER 3115. OF THE REVISED 15,298
CODE AS THAT CHAPTER EXISTS ON AND AFTER THE EFFECTIVE DATE OF 15,299
THIS SECTION. THE PROVISIONS OF SECTION 3115.41 OF THE REVISED 15,302
CODE SHALL NOT REVIVE ANY ACTION THAT COULD NOT BE FILED PRIOR TO 15,303
THE EFFECTIVE DATE OF THIS SECTION UNDER PROVISIONS OF FORMER 15,304
SECTION 3115.06 OF THE REVISED CODE. 15,305
Sec. 3115.58. SECTIONS 3115.01 TO 3115.59 OF THE REVISED 15,307
CODE SHALL BE APPLIED AND CONSTRUED TO EFFECTUATE ITS GENERAL 15,309
PURPOSE TO MAKE UNIFORM THE LAW OF THOSE STATES THAT ENACT A 15,310
UNIFORM INTERSTATE FAMILY SUPPORT ACT.
Sec. 3115.59. IF ANY PROVISION OF SECTIONS 3115.01 TO 15,312
3115.59 OF THE REVISED CODE OR ITS APPLICATION TO ANY PERSON OR 15,314
CIRCUMSTANCE IS HELD INVALID, THE INVALIDITY DOES NOT AFFECT 15,315
OTHER PROVISIONS OR APPLICATIONS OF THOSE SECTIONS WHICH CAN BE 15,316
GIVEN EFFECT WITHOUT THE INVALID PROVISION OR APPLICATION, AND TO 15,317
THIS END THE PROVISIONS OF THOSE SECTIONS ARE SEVERABLE.
Sec. 3317.02. As used in sections 3317.02 to 3317.023 and 15,327
section 3317.16 of the Revised Code:
(A) Except as used in division (B) of section 3317.023 of 15,329
the Revised Code, "ADM" means the average daily membership 15,330
determined pursuant to section 3317.03 of the Revised Code, 15,331
including the average daily membership certified under division 15,332
(A)(4) of section 3317.03 of the Revised Code but not including 15,333
the average daily membership of pupils attending a joint 15,334
vocational school or counted in a unit funded under division (M) 15,335
or (N) of section 3317.024 of the Revised Code; minus one-half of 15,336
the kindergarten average daily membership in the case of any 15,338
school district other than an urban or big eight district; minus 15,339
one-fourth of the extended kindergarten average daily membership 15,340
372
and one-half of the traditional kindergarten average daily
membership in the case of any big eight district; minus 15,342
one-fourth of the all-day and extended kindergarten average daily
membership and one-half of the traditional kindergarten average 15,343
daily membership in the case of any urban district; plus 15,345
one-fourth of the average daily membership of pupils enrolled in 15,346
the district and attending a joint vocational school, or a 15,347
vocational school, or a compact or contract vocational school. 15,348
Except for purposes of divisions (C), (D), and (E) of section 15,349
3317.023 of the Revised Code, if the average of the average daily 15,350
membership of a district for the current year and the two 15,351
immediately preceding years is larger than the sum for the 15,352
current year, such average shall be used as the ADM for that 15,353
district for the current year after: deducting the number of 15,354
pupils attending a joint vocational school or counted in division 15,355
(M) or (N) of section 3317.024 of the Revised Code; and, in the 15,356
case of any school district other than an urban or big eight 15,357
district, deducting one-half of the kindergarten average daily 15,358
membership, and, in the case of any big eight district, deducting 15,360
one-fourth of the extended kindergarten average daily membership 15,361
and one-half of the traditional kindergarten average daily 15,362
membership, and in the case of any urban district, deducting 15,363
one-fourth of the all-day and extended kindergarten average daily 15,364
membership and one-half of the traditional kindergarten average
daily membership; and adding one-fourth of the pupils residing in 15,366
the district and attending a joint vocational school. 15,367
(B) "Per pupil" means the amount to which the term refers 15,369
divided by the district's ADM for the fiscal year for which the 15,370
amount was computed. 15,371
(C) "Taxes charged and payable" means the taxes charged 15,373
and payable against real and public utility property after making 15,374
the reduction required by section 319.301 of the Revised Code, 15,375
plus the taxes levied against tangible personal property. 15,376
(D) Except as provided in division (B)(2) of section 15,378
373
3317.022 of the Revised Code, "total taxable value" means the sum 15,379
of the amounts certified for a city, local, exempted village, or 15,380
joint vocational school district under divisions (A)(1) and (2) 15,381
of section 3317.021 of the Revised Code. 15,382
(E)(1) "Cost-of-doing-business factor" means the amount 15,385
indicated in this division for the county in which the district 15,386
is located, adjusted in accordance with division (E)(2) of this 15,388
section. If the district is located in more than one county, the 15,389
factor is the amount indicated for the county to which the
district is assigned by the state department of education. 15,390
COST-OF-DOING-BUSINESS 15,392
COUNTY FACTOR AMOUNT 15,393
Adams 1.0100 15,397
Allen 1.0272 15,398
Ashland 1.0362 15,399
Ashtabula 1.0540 15,400
Athens 1.0040 15,401
Auglaize 1.0300 15,402
Belmont 1.0101 15,403
Brown 1.0218 15,404
Butler 1.0662 15,405
Carroll 1.0180 15,406
Champaign 1.0432 15,407
Clark 1.0489 15,408
Clermont 1.0498 15,409
Clinton 1.0287 15,410
Columbiana 1.0320 15,411
Coshocton 1.0224 15,412
Crawford 1.0174 15,413
Cuyahoga 1.0725 15,414
Darke 1.0360 15,415
Defiance 1.0214 15,416
Delaware 1.0512 15,417
Erie 1.0414 15,418
374
Fairfield 1.0383 15,419
Fayette 1.0281 15,420
Franklin 1.0548 15,421
Fulton 1.0382 15,422
Gallia 1.0000 15,423
Geauga 1.0608 15,424
Greene 1.0418 15,425
Guernsey 1.0091 15,426
Hamilton 1.0750 15,427
Hancock 1.0270 15,428
Hardin 1.0384 15,429
Harrison 1.0111 15,430
Henry 1.0389 15,431
Highland 1.0177 15,432
Hocking 1.0164 15,433
Holmes 1.0275 15,434
Huron 1.0348 15,435
Jackson 1.0176 15,436
Jefferson 1.0090 15,437
Knox 1.0276 15,438
Lake 1.0627 15,439
Lawrence 1.0154 15,440
Licking 1.0418 15,441
Logan 1.0376 15,442
Lorain 1.0573 15,443
Lucas 1.0449 15,444
Madison 1.0475 15,445
Mahoning 1.0465 15,446
Marion 1.0289 15,447
Medina 1.0656 15,448
Meigs 1.0016 15,449
Mercer 1.0209 15,450
Miami 1.0456 15,451
Monroe 1.0152 15,452
375
Montgomery 1.0484 15,453
Morgan 1.0168 15,454
Morrow 1.0293 15,455
Muskingum 1.0194 15,456
Noble 1.0150 15,457
Ottawa 1.0529 15,458
Paulding 1.0216 15,459
Perry 1.0185 15,460
Pickaway 1.0350 15,461
Pike 1.0146 15,462
Portage 1.0595 15,463
Preble 1.0523 15,464
Putnam 1.0308 15,465
Richland 1.0232 15,466
Ross 1.0111 15,467
Sandusky 1.0361 15,468
Scioto 1.0082 15,469
Seneca 1.0265 15,470
Shelby 1.0274 15,471
Stark 1.0330 15,472
Summit 1.0642 15,473
Trumbull 1.0465 15,474
Tuscarawas 1.0109 15,475
Union 1.0488 15,476
Van Wert 1.0181 15,477
Vinton 1.0065 15,478
Warren 1.0678 15,479
Washington 1.0124 15,480
Wayne 1.0446 15,481
Williams 1.0316 15,482
Wood 1.0431 15,483
Wyandot 1.0227 15,484
(2) As used in this division, "multiplier" means the 15,487
number for the corresponding fiscal year as follows: 15,488
376
FISCAL YEAR OF THE 15,490
COMPUTATION MULTIPLIER 15,491
1998 9.6/7.5 15,493
1999 10.3/7.5 15,494
2000 11.0/7.5 15,495
2001 11.7/7.5 15,496
2002 12.4/7.5 15,497
2003 13.1/7.5 15,498
2004 13.8/7.5 15,499
2005 14.5/7.5 15,500
2006 15.2/7.5 15,501
2007 15.9/7.5 15,502
2008 16.6/7.5 15,503
2009 17.3/7.5 15,504
2010 and thereafter 18.0/7.5 15,505
Beginning in fiscal year 1998, the department shall 15,508
annually adjust the cost-of-doing-business factor for each county 15,509
in accordance with the following formula: 15,510
[(The cost-of-doing-business factor specified under 15,512
division (E)(1) of this section - 1) X (the multiplier 15,513
for the fiscal year of the calculation){ < + 1 15,514
The result of such formula shall be the adjusted 15,516
cost-of-doing-business factor for that fiscal year. 15,517
(F) "Tax exempt value" of a school district means the 15,519
amount certified for a school district under division (A)(4) of 15,520
section 3317.021 of the Revised Code. 15,521
(G) "Potential value" of a school district means the 15,523
adjusted total taxable value of a school district plus the tax 15,524
exempt value of the district. 15,525
(H) "District median income" means the median Ohio 15,527
adjusted gross income certified for a school district. On or 15,528
before the first day of July of each year, the tax commissioner 15,529
shall certify to the department of education for each city, 15,530
exempted village, and local school district the median Ohio 15,531
377
adjusted gross income of the residents of the school district 15,532
determined on the basis of tax returns filed for the second 15,533
preceding tax year by the residents of the district.
(I) "Statewide median income" means the median district 15,535
median income of all city, exempted village, and local school 15,536
districts in the state.
(J) "Income factor" for a city, exempted village, or local 15,538
school district means the quotient obtained by dividing that 15,539
district's median income by the statewide median income. 15,540
(K) "Valuation per pupil" for a city, exempted village, or 15,542
local school district means the district's recognized valuation 15,543
divided by the district's ADM. 15,544
(L) "Adjusted valuation per pupil" means the amount 15,546
calculated in accordance with the following formula: 15,547
District valuation per pupil - [$60,000 X 15,549
(1 - district income factor){ < 15,550
If the result of such formula is negative, the adjusted 15,552
valuation per pupil shall be zero. 15,553
(M) "Adjusted total taxable value" means one of the 15,555
following:
(1) In any fiscal year that a district's income factor is 15,557
less than or equal to one, the product obtained by multiplying 15,559
the district's adjusted valuation per pupil by the district's ADM 15,560
except that the adjusted total taxable value for such a district 15,561
in fiscal years 1998 through 2009 shall be recalculated in 15,562
accordance with the following formula: 15,563
(Adjusted total taxable value X multiple) + 15,565
[recognized valuation X (1 - multiple){ < 15,566
(2) In any fiscal year that a district's income factor is 15,568
greater than one, the product obtained by multiplying the 15,569
district's adjusted valuation per pupil by the district's ADM, 15,570
except that the adjusted total taxable value for such a district 15,571
in that fiscal year shall be recalculated in accordance with the 15,572
following formula:
378
(Adjusted total taxable value X 2/15) 15,573
+ (recognized valuation X 13/15) 15,574
(N) "Multiple" means the number for the corresponding 15,576
fiscal year as follows: 15,577
FISCAL YEAR OF THE 15,579
COMPUTATION MULTIPLE 15,580
1998 1/5 15,582
1999 4/15 15,583
2000 1/3 15,584
2001 2/5 15,585
2002 7/15 15,586
2003 8/15 15,587
2004 3/5 15,588
2005 2/3 15,589
2006 11/15 15,590
2007 4/5 15,591
2008 13/15 15,592
2009 14/15 15,593
(O) "Urban school district" means a school district that 15,596
in fiscal year 1997 met either of the following conditions: 15,598
(1) Had a percentage of children residing in the district 15,600
and receiving aid to dependent children PARTICIPATING IN OHIO 15,602
WORKS FIRST greater than fifteen and one-half per cent, as 15,603
reported pursuant to section 3317.10 of the Revised Code, and had 15,604
an average daily membership greater than five thousand five 15,605
hundred, as reported pursuant to division (A) of section 3317.03 15,606
of the Revised Code;
(2) Had a percentage of children residing in the district 15,609
and receiving aid to dependent children PARTICIPATING IN OHIO 15,610
WORKS FIRST greater than five per cent, as reported pursuant to 15,611
section 3317.10 of the Revised Code, and had an average daily
membership greater than twelve thousand, as reported pursuant to 15,612
division (A) of section 3317.03 of the Revised Code. 15,613
(P) "Big eight school district" means a school district 15,615
379
that for fiscal year 1997 had a percentage of children residing 15,616
in the district and receiving aid to dependent children 15,617
PARTICIPATING IN OHIO WORKS FIRST greater than thirty per cent, 15,619
as reported pursuant to section 3317.10 of the Revised Code, and
had an average daily membership greater than twelve thousand, as 15,620
reported pursuant to division (A) of section 3317.03 of the 15,621
Revised Code.
(Q) "All-day kindergarten" means a kindergarten class that 15,623
is in session five days per week for not less than the same 15,624
number of clock hours each day as for pupils in grades one 15,625
through six.
(R) "Extended kindergarten" means a kindergarten class 15,627
that is in session five days per week for not less than one hour 15,628
longer each day than the number of clock hours required for 15,629
kindergarten by the minimum standards adopted under section 15,630
3301.07 of the Revised Code.
(S) "Traditional kindergarten" means kindergarten that is 15,632
neither all-day kindergarten nor extended kindergarten. 15,633
(T) "Recognized valuation" means the amount calculated for 15,635
a school district pursuant to section 3317.015 of the Revised 15,636
Code.
Sec. 3705.07. (A) The local registrar of vital statistics 15,645
shall number consecutively the birth, fetal death, and death 15,646
certificates in three separate series, beginning with "number 15,647
one" for the first birth, the first fetal death, and the first 15,648
death registered in each calendar year. Such local registrar 15,649
shall sign his THE LOCAL REGISTRAR'S name in attest to the date 15,650
of filing in the local office. The local registrar shall make a 15,652
complete and accurate copy of each birth, fetal death, and death 15,653
certificate registered. Each copy shall be filed and permanently 15,654
preserved as the local record of such birth, fetal death, or 15,655
death except as provided in sections 3705.09 and 3705.12 of the 15,656
Revised Code. The local record may be a typewritten, 15,657
photographic, electronic, or other reproduction. On or before 15,658
380
the tenth day of each month, the local registrar shall transmit 15,659
to the state office of vital statistics all original birth, fetal 15,660
death, death, and military service certificates received, and all 15,661
social security numbers obtained under section 3705.09 or, 15,662
3705.10, OR 3705.16 of the Revised Code, during the preceding 15,664
month. The local registrar shall immediately notify the health 15,665
commissioner with jurisdiction in the registration district of 15,666
the receipt of a death certificate attesting that death resulted 15,667
from a communicable disease.
The office of vital statistics shall carefully examine the 15,669
records and certificates received from local registrars of vital 15,670
statistics and shall secure any further information that may be 15,671
necessary to make each record and certificate complete and 15,672
satisfactory. It shall arrange and preserve the records and 15,673
certificates, or reproductions of them produced pursuant to 15,674
section 3705.03 of the Revised Code, in a systematic manner and 15,675
shall maintain a permanent index of all births, fetal deaths, and 15,676
deaths registered, which shall show the name of the child or 15,677
deceased person, place and date of birth or death, number of the 15,678
record or certificate, and the volume in which it is contained. 15,679
(B)(1) The office of vital statistics shall make available 15,681
to the bureau of child support in the department of human 15,682
services all social security numbers that were furnished to a 15,683
local registrar of vital statistics under division (I) of section 15,684
3705.09 or under section 3705.10 OR 3705.16 of the Revised Code 15,686
and that were transmitted to the office under division (A) of
this section. 15,687
(2) The office of vital statistics also shall make 15,689
available to the bureau of child support in the department of 15,690
human services any other information recorded in the birth record 15,691
that may enable the bureau to use the social security numbers 15,692
provided under division (B)(1) of this section to obtain the 15,693
location of the father of the child whose birth certificate was 15,694
accompanied by the social security number or to otherwise enforce 15,695
381
a child support order pertaining to that child or any other 15,696
child. 15,697
Sec. 3705.09. (A) A birth certificate for each live birth 15,706
in this state shall be filed in the registration district in 15,707
which it occurs within ten days after such birth and shall be 15,708
registered if it has been completed and filed in accordance with 15,709
this section. 15,710
(B) When a birth occurs in or en route to an institution, 15,712
the person in charge of the institution or his A designated 15,713
representative shall obtain the personal data, prepare the 15,714
certificate, secure the signatures required, and file the 15,715
certificate within ten days with the local registrar of vital 15,716
statistics. The physician in attendance shall provide the 15,717
medical information required by the certificate and certify to 15,718
the facts of birth within seventy-two hours after the birth. 15,719
(C) When a birth occurs outside an institution, the birth 15,721
certificate shall be prepared and filed by one of the following 15,722
in the indicated order of priority: 15,723
(1) The physician in attendance at or immediately after 15,725
the birth; 15,726
(2) Any other person in attendance at or immediately after 15,728
the birth; 15,729
(3) The father; 15,731
(4) The mother; 15,733
(5) The person in charge of the premises where the birth 15,735
occurred. 15,736
(D) Either of the parents of the child or other informant 15,738
shall attest to the accuracy of the personal data entered on the 15,739
birth certificate in time to permit the filing of the certificate 15,740
within the ten days prescribed in this section. 15,741
(E) When a birth occurs in a moving conveyance within the 15,743
United States and the child is first removed from the conveyance 15,744
in this state, the birth shall be registered in this state and 15,745
the place where it is first removed shall be considered the place 15,746
382
of birth. When a birth occurs on a moving conveyance while in 15,747
international waters or air space or in a foreign country or its 15,748
air space and the child is first removed from the conveyance in 15,749
this state, the birth shall be registered in this state but the 15,750
record shall show the actual place of birth insofar as can be 15,751
determined. 15,752
(F)(1) If the mother of a child was married at the time of 15,754
either conception or birth or between conception and birth, the 15,755
child shall be registered in the surname designated by the 15,756
mother, and the name of the husband shall be entered on the 15,757
certificate as the father of the child. The presumption of 15,758
paternity shall be in accordance with section 3111.03 of the 15,759
Revised Code. 15,760
(2) If the mother was not married at the time of 15,762
conception or birth or between conception and birth, the child 15,763
shall be registered by the surname of DESIGNATED BY the mother. 15,764
The name of the father of such child shall also be inserted on 15,765
the birth certificate if both the mother and the father sign the 15,766
birth certificate as informants AN ACKNOWLEDGEMENT OF PATERNITY 15,767
AFFIDAVIT before the birth record is accepted for filing by HAS 15,768
BEEN SENT TO the local registrar and in such a case the child may 15,770
be registered by the surname of the father if the mother and 15,771
father so designate. If the father is not named on the birth 15,772
certificate PURSUANT TO DIVISION (F)(1) OR (2) OF THIS SECTION, 15,773
no other information about the father shall be entered on the 15,775
record.
(G) When a man is presumed or found to be the father of a 15,777
child, according to sections 3111.01 to 3111.19, FORMER SECTION 15,778
3111.21, OR SECTION 3111.22 of the Revised Code, or the father 15,779
has acknowledged the child as his child in accordance with AN 15,781
ACKNOWLEDGMENT OF PATERNITY, AND THE ACKNOWLEDGMENT HAS BECOME 15,782
FINAL PURSUANT TO section 2105.18 2151.232, 3111.211, OR 5101.314 15,783
of the Revised Code, and documentary evidence of such fact is 15,785
submitted to the department of health in such form as the
383
director may require, a new birth record shall be issued by the 15,787
department which shall have the same overall appearance as the 15,788
record which would have been issued under this section if a 15,789
marriage had occurred before the birth of such child. Where 15,790
handwriting is required to effect such appearance, the department 15,791
shall supply it. Upon the issuance of such new birth record, the 15,792
original birth record shall cease to be a public record. Such 15,793
EXCEPT AS PROVIDED IN DIVISION (C) OF SECTION 3705.091 OF THE 15,794
REVISED CODE, THE original record and any documentary evidence 15,796
supporting the new registration of birth shall be placed in an 15,797
envelope which shall be sealed by the department and shall not be 15,798
open to inspection or copy unless so ordered by a court of 15,799
competent jurisdiction.
The department shall then promptly forward a copy of the 15,801
new birth record to the local registrar of vital statistics of 15,802
the district in which the birth occurred, and such local 15,803
registrar shall file a copy of such new birth record along with 15,804
and in the same manner as the other copies of birth records in 15,805
such local registrar's possession. All copies of the original 15,806
birth record in the possession of the local registrar or the 15,807
probate court, as well as any and all index references to it, 15,808
shall be destroyed. Such new birth record, as well as any 15,809
certified or exact copy of it, when properly authenticated by a 15,810
duly authorized person shall be prima-facie evidence in all 15,811
courts and places of the facts stated in it. 15,812
(H) When a woman who is a legal resident of this state has 15,814
given birth to a child in a foreign country that does not have a 15,815
system of registration of vital statistics, a birth record may be 15,816
filed in the office of vital statistics on evidence satisfactory 15,817
to the director of health. 15,818
(I) Every birth certificate filed under this section on or 15,820
after July 1, 1990, shall be accompanied by all social security 15,821
numbers that have been issued to the parents of the child, unless 15,822
the bureau of child support in the department of human services, 15,823
384
acting in accordance with regulations prescribed under the 15,824
"Family Support Act of 1988," 102 Stat. 2353, 42 U.S.C.A. 405, as 15,825
amended, finds good cause for not requiring that the numbers be 15,826
furnished with the certificate. The parents' social security 15,827
numbers shall not be recorded on the certificate. The local 15,828
registrar of vital statistics shall transmit the social security 15,829
numbers to the state office of vital statistics in accordance 15,830
with section 3705.07 of the Revised Code. No social security 15,831
number obtained under this division shall be used for any purpose 15,832
other than child support enforcement. 15,833
Sec. 3705.091. (A) IF THE NATURAL MOTHER AND ALLEGED 15,835
FATHER OF A CHILD SIGN AN ACKNOWLEDGMENT OF PATERNITY AFFIDAVIT 15,836
PREPARED PURSUANT TO SECTION 5101.324 OF THE REVISED CODE WITH 15,838
RESPECT TO THAT CHILD AT THE OFFICE OF THE LOCAL REGISTRAR, THE 15,839
LOCAL REGISTRAR SHALL PROVIDE A NOTARY PUBLIC TO NOTARIZE THE 15,840
ACKNOWLEDGMENT. THE LOCAL REGISTRAR SHALL SEND A SIGNED AND 15,841
NOTARIZED ACKNOWLEDGMENT OF PATERNITY TO THE DIVISION OF CHILD 15,842
SUPPORT IN THE DEPARTMENT OF HUMAN SERVICES PURSUANT TO SECTION 15,843
5101.314 OF THE REVISED CODE. THE LOCAL REGISTRAR SHALL SEND THE 15,846
ACKNOWLEDGMENT NO LATER THAN TEN DAYS AFTER IT HAS BEEN SIGNED 15,847
AND NOTARIZED. IF THE LOCAL REGISTRAR KNOWS A MAN IS PRESUMED 15,848
UNDER SECTION 3111.03 OF THE REVISED CODE TO BE THE FATHER OF THE 15,849
CHILD, THE LOCAL REGISTRAR SHALL NOT NOTARIZE OR SEND AN 15,850
ACKNOWLEDGMENT WITH RESPECT TO THE CHILD PURSUANT TO THIS 15,851
SECTION.
(B) THE LOCAL REGISTRAR OF VITAL STATISTICS SHALL PROVIDE 15,853
AN ACKNOWLEDGMENT OF PATERNITY AFFIDAVIT DESCRIBED IN DIVISION 15,855
(A) OF THIS SECTION TO ANY PERSON THAT REQUESTS IT.
(C) THE DEPARTMENT OF HEALTH SHALL STORE ALL 15,858
ACKNOWLEDGMENTS OF PATERNITY AFFIDAVITS IT RECEIVES PURSUANT TO 15,859
SECTION 5101.314 OF THE REVISED CODE. THE DEPARTMENT OF HEALTH 15,860
SHALL SEND TO THE DIVISION ANY ACKNOWLEDGMENT THE DEPARTMENT IS 15,861
STORING THAT THE DIVISION REQUESTS. THE DEPARTMENT OF HEALTH 15,862
SHALL ADOPT RULES PURSUANT TO CHAPTER 119. OF THE REVISED CODE TO 15,863
385
GOVERN THE METHOD OF STORAGE OF THE ACKNOWLEDGMENTS AND TO 15,864
IMPLEMENT THIS SECTION.
(D) THE DEPARTMENT OF HEALTH AND THE DEPARTMENT OF HUMAN 15,867
SERVICES SHALL ENTER INTO AN AGREEMENT REGARDING EXPENSES 15,868
INCURRED BY THE DEPARTMENT OF HEALTH IN COMPARING ACKNOWLEDGMENT 15,869
OF PATERNITY AFFIDAVITS TO BIRTH RECORDS AND STORAGE OF 15,870
ACKNOWLEDGMENT OF PATERNITY AFFIDAVITS.
Sec. 3705.16. Each death or fetal death that occurs in 15,879
this state shall be registered with the local registrar of vital 15,880
statistics of the district in which the death or fetal death 15,881
occurred by the funeral director or other person in charge of the 15,882
final disposition of the remains. The personal and statistical 15,883
information in the death or fetal death certificate shall be 15,884
obtained from the best qualified persons or sources available by 15,885
the funeral director or other person in charge of the final 15,886
disposition of the remains. The statement of facts relating to 15,887
the disposition of the body and information relative to the armed 15,888
services referred to in section 3705.19 of the Revised Code shall 15,889
be signed by the funeral director or other person in charge of 15,890
the final disposition of the remains. The funeral director or 15,891
other person in charge of the final disposition of the remains 15,892
shall then present the death certificate to the physician or 15,893
coroner for certification of the cause of death. The medical 15,894
certificate of death shall be completed and signed by the 15,895
physician who attended the deceased or by the coroner within 15,896
forty-eight hours after death. The coroner may satisfy the 15,897
requirement of signing a death certificate showing the cause of 15,898
death as pending either by stamping it with a stamp of his THE 15,899
CORONER'S signature or by signing it in his THE CORONER'S own 15,901
hand, but he THE CORONER shall sign a death certificate or 15,903
supplementary medical certification in his THE CORONER'S own 15,904
hand. ANY DEATH CERTIFICATE REGISTERED PURSUANT TO THIS SECTION 15,905
SHALL CONTAIN THE SOCIAL SECURITY NUMBER OF THE DECEDENT, IF 15,906
AVAILABLE. A SOCIAL SECURITY NUMBER OBTAINED UNDER THIS SECTION 15,908
386
IS A PUBLIC RECORD UNDER SECTION 149.43 OF THE REVISED CODE. 15,910
Sec. 3727.17. Each hospital shall provide a staff person 15,920
to do all of the following: 15,921
(A) Meet with each unmarried mother who gave birth in or 15,923
en route to the hospital within twenty-four hours after the birth 15,924
or before the mother is released from the hospital; 15,925
(B) Attempt to meet with the father of the unmarried 15,927
mother's child if possible; 15,928
(C) Explain to the unmarried mother and the father, if the 15,930
father is present, the benefit to the child of establishing a 15,931
parent and child relationship between the father and the child 15,932
and the various proper procedures for establishing a parent and 15,933
child relationship; 15,934
(D) Present to the unmarried mother and, if possible, the 15,936
father, a THE pamphlet or statement regarding the rights and 15,937
responsibilities of a natural parent prepared by the department 15,938
of human services PURSUANT TO SECTION 5101.324 OF THE REVISED 15,939
CODE;
(E) Provide the unmarried mother, and if possible the 15,941
father, all forms, AND statements, or agreements necessary to 15,943
voluntarily establish a parent and child relationship, including 15,944
the acknowledgment of paternity form prescribed PREPARED BY THE 15,945
DEPARTMENT OF HUMAN SERVICES PURSUANT TO SECTION 5101.324 OF THE 15,946
REVISED CODE AND REQUIRED under section 2105.18 5101.314 of the 15,947
Revised Code and the voluntary agreement to be bound by the 15,949
results of genetic testing set forth in section 3111.21 of the
Revised Code; 15,950
(F) Upon both the mother's and father's request, help the 15,952
mother and father complete any specific form, OR statement, or 15,954
agreement necessary to establish a parent and child relationship;
(G) Present to an unmarried mother who is not a recipient 15,956
of medicaid or a participant in Ohio works first an application 15,957
for Title IV-D services; 15,958
(H) Upon both the mother's and father's request, mail MAIL 15,960
387
the voluntary acknowledgment of paternity, NO LATER THAN TEN DAYS 15,961
AFTER IT IS COMPLETED, to the probate court in the county in 15,963
which the father, the mother, or the child resides DIVISION OF 15,964
CHILD SUPPORT IN THE DEPARTMENT OF HUMAN SERVICES.
EACH HOSPITAL SHALL PROVIDE A NOTARY PUBLIC TO NOTARIZE AN 15,966
ACKNOWLEDGMENT OF PATERNITY SIGNED BY THE MOTHER AND FATHER. IF 15,968
A HOSPITAL KNOWS OR DETERMINES THAT A MAN IS PRESUMED UNDER 15,969
SECTION 3111.03 OF THE REVISED CODE TO BE THE FATHER OF THE CHILD 15,970
DESCRIBED IN THIS SECTION, THE HOSPITAL SHALL TAKE NO FURTHER 15,971
ACTION WITH REGARD TO AN ACKNOWLEDGMENT AND SHALL NOT MAIL AN 15,972
ACKNOWLEDGMENT WITH RESPECT TO THE CHILD PURSUANT TO THIS 15,973
SECTION. 15,974
A HOSPITAL MAY CONTRACT WITH A PERSON OR GOVERNMENT ENTITY 15,977
TO FULFILL ITS RESPONSIBILITIES UNDER THIS SECTION AND SECTION 15,978
2301.357 OF THE REVISED CODE. SERVICES PROVIDED BY A HOSPITAL 15,980
UNDER THIS SECTION OR PURSUANT TO A CONTRACT UNDER SECTION 15,981
2301.357 OF THE REVISED CODE DO NOT CONSTITUTE THE PRACTICE OF 15,983
LAW. A HOSPITAL SHALL NOT BE SUBJECT TO CRIMINAL OR CIVIL 15,984
LIABILITY FOR ANY DAMAGE OR INJURY ALLEGED TO RESULT FROM
SERVICES PROVIDED PURSUANT TO THIS SECTION OR SECTION 2301.357 OF 15,986
THE REVISED CODE UNLESS THE HOSPITAL ACTED WITH MALICIOUS 15,988
PURPOSE, IN BAD FAITH, OR IN A WANTON OR RECKLESS MANNER. 15,989
Sec. 3770.071. (A) If the amount of the prize money or 15,998
the cost of goods or services awarded as a lottery prize award is 15,999
six hundred dollars or more, the director of the state lottery 16,000
commission, or the director's designee, shall require the person 16,001
entitled to the prize award to affirm in writing, under oath, 16,002
whether or not the person is in default under a support order. 16,003
The director or the director's designee also may take any 16,004
additional appropriate steps to determine if the person entitled 16,005
to the prize award is in default under a support order. If the 16,006
person entitled to the prize award affirms that the person is in 16,007
default under a support order, or if the director or the 16,008
director's designee determines that the person is in default 16,009
388
under a support order, the director or the director's designee 16,010
shall temporarily withhold payment of the prize award and inform 16,011
the court that issued the support order that the person is 16,013
entitled to a prize award, of the amount of the prize award, and, 16,014
if the prize award is to be paid in annual installments, of the 16,015
number of installments. 16,016
After receipt of the notice from the director or the 16,018
director's designee, the court shall give the person notice of 16,020
the director's notice, schedule a hearing to determine if the 16,021
person is in default and the amount of the default, and give the 16,022
person notice of the date, time, and location of the hearing. If 16,023
the court at the hearing determines that the person is in 16,024
default, it shall issue an order to the director at lottery 16,025
commission headquarters requiring the director or the director's 16,026
designee to deduct from any unpaid prize award or any annual 16,027
installment payment of the prize award, a specified amount for 16,028
child support or spousal support in satisfaction of the support 16,029
order under which the person is in default. To the extent 16,030
possible, the amount specified to be deducted under the order 16,031
issued under this section shall satisfy the amount ordered for 16,032
support or spousal support in the support order under which the 16,033
person is in default. Within thirty days after the date on which 16,034
the court issues the order under this section to the director, 16,035
the director shall pay the amount specified in that order to the 16,036
DIVISION OF child support enforcement agency that is 16,037
administering the support order, the person entitled to the 16,039
support payments under the support order, or any other person or 16,040
entity specified in the court order issued under this section IN 16,041
THE DEPARTMENT OF HUMAN SERVICES. If the prize award is to be 16,043
paid in annual installments, the director or the director's
designee, on the date the installment payment is due, shall pay 16,045
the amount specified in the court order issued under this section 16,046
from that installment and, if necessary, any subsequent annual 16,047
installments, at the time such installments become due and owing 16,048
389
to the prize winner, to the DIVISION OF child support enforcement 16,049
agency that is administering the support order, the person 16,051
entitled to the support payments under the support order, or any 16,052
other person or entity specified in the court order issued under 16,053
this section.
(B) As used in this section, "support order" and "default" 16,055
have the same meanings as in section 2301.34 of the Revised Code. 16,056
(C) No person shall knowingly make a false affirmation or 16,058
oath required by division (A) of this section. 16,059
Sec. 3924.48. (A) If a parent of a child is required by a 16,068
court or administrative order to provide health care coverage for 16,069
the child, and if the parent is eligible for family health care 16,070
coverage provided by a health insurer, the health insurer shall 16,071
do both of the following: 16,072
(1) If the child is otherwise eligible for the coverage, 16,074
permit the parent to enroll the child under the family coverage 16,075
without regard to any enrollment period restrictions; 16,076
(2) If the parent is enrolled under the coverage but fails 16,078
to make application to obtain coverage for the child, enroll the 16,079
child under the family coverage upon application of the child's 16,080
other parent or pursuant to an A CHILD SUPPORT order issued 16,082
CONTAINING PROVISIONS in accordance COMPLIANCE with sections 16,083
SECTION 3111.241 and OR 3113.217 of the Revised Code. 16,084
(B) The health insurer shall not terminate the child's 16,086
coverage unless the health insurer is provided satisfactory 16,087
written evidence of either of the following: 16,088
(1) The court or administrative order is no longer in 16,090
effect. 16,091
(2) The child is or will be enrolled under comparable 16,093
health care coverage provided by another health insurer, which 16,094
coverage will take effect not later than the effective date of 16,095
the termination of the current coverage. 16,096
(C) AS USED IN THIS SECTION, "CHILD SUPPORT ORDER" HAS THE 16,099
SAME MEANING AS IN SECTION 2301.373 OF THE REVISED CODE. 16,100
390
Sec. 3924.49. (A) If a parent of a child is required by a 16,109
court or administrative order to provide health care coverage for 16,110
the child, which coverage is available through an employer doing 16,111
business in this state, the employer shall do all of the 16,112
following: 16,113
(1) If the child is otherwise eligible for the family 16,115
coverage, permit the parent to enroll the child under the 16,116
coverage without regard to any enrollment period restrictions; 16,117
(2) If the parent is enrolled under the coverage but fails 16,119
to make application to obtain coverage for the child, enroll the 16,120
child under the family coverage upon application of the child's 16,121
other parent or pursuant to an A CHILD SUPPORT order issued 16,123
CONTAINING PROVISIONS in accordance COMPLIANCE with sections 16,124
SECTION 3111.241 and OR 3113.217 of the Revised Code; 16,125
(3) Withhold from the employee's compensation the 16,127
employee's share of premiums for the health care coverage, if 16,128
any, and pay that amount to the health insurer providing the 16,129
coverage. 16,130
(B) The employer shall not terminate the child's coverage 16,132
unless the employer has eliminated family coverage for all of its 16,133
employees or unless the employer is provided satisfactory written 16,134
evidence of either of the following: 16,135
(1) The court or administrative order is no longer in 16,137
effect. 16,138
(2) The child is or will be enrolled under comparable 16,140
health care coverage that will take effect not later than the 16,141
effective date of the termination of the current coverage. 16,142
(C) AS USED IN THIS SECTION, "CHILD SUPPORT ORDER" HAS THE 16,144
SAME MEANING AS IN SECTION 2301.373 OF THE REVISED CODE. 16,145
Sec. 4141.16. (A) The administrator of the bureau of 16,154
employment services shall make available, upon request, to the 16,155
director of human services or to the county directors of human 16,156
services in the state the name, address, ordinary occupation, and 16,157
employment status of each recipient of unemployment benefits 16,158
391
under this chapter, and a statement of such recipient's rights to 16,159
further benefits under this chapter. 16,160
(B) The administrator shall also furnish, upon request of 16,162
a public agency administering or supervising the administration 16,163
of a state plan approved under part A of Title IV of the "Social 16,164
Security Act," 49 Stat. 627 (1935), 42 U.S.C.A. 601, or of a 16,165
public agency charged with any duty or responsibility under any 16,166
program or activity authorized or required under part D of Title 16,167
IV of such act, information with respect to any individual 16,168
specified in the request as to: 16,169
(1) Whether the individual is receiving, has received, or 16,171
has made application for unemployment compensation, and the 16,172
amount of any compensation being received by the individual; 16,173
(2) The current or most recent home address of the 16,175
individual; 16,176
(3) Whether the individual has refused an offer of 16,178
employment and, if so, a description of the employment so offered 16,179
and the terms, conditions, and rate of pay therefor. 16,180
The public agency shall pay to the bureau of employment 16,182
services the actual costs of furnishing the information described 16,183
in this division, as provided in the "Unemployment Compensation 16,184
Amendments of 1976," 90 Stat. 2667, 42 U.S.C. 603a. 16,185
(C)(1) The administrator shall disclose, upon request, to 16,187
officers, agents, or employees of any state or local child 16,188
support enforcement agency, any wage information contained in the 16,189
records of the bureau of employment services with respect to an 16,190
individual identified in the request. 16,191
(2) The officer, agent, or employee of the state or local 16,193
child support enforcement agency shall state in the request that 16,194
the wage information shall be used only for the purpose PURPOSES 16,195
of establishing PATERNITY; ESTABLISHING, MODIFYING, and 16,196
collecting ENFORCING child support obligations from, and 16,197
locating, individuals owing these obligations which are being 16,198
enforced ADMINISTERED pursuant to a plan described in section 454 16,200
392
of the "Social Security Act," 88 Stat. 2354 (1975), 42 U.S.C.A. 16,201
654, which has been approved by the United States secretary of 16,202
health and human services under part D of Title IV of the "Social 16,203
Security Act," 88 Stat. 2351 (1975), 42 U.S.C.A. 651. 16,204
(3) State and local child support enforcement agencies, 16,206
pursuant to section 303(d) of the "Social Security Act," 94 Stat. 16,207
441 (1980), 42 U.S.C.A. 503, as set forth in the "Social Security 16,208
Disability Amendments of 1980," section 408(B) of P.L. 96-265, 16,209
shall pay to the bureau the actual costs of furnishing the 16,210
information described in this division. 16,211
(4) Requirements with respect to the confidentiality of 16,213
information obtained in the administration of this chapter and 16,214
any sanctions imposed on improper disclosure of information 16,215
obtained therein shall apply to the redisclosure of information 16,216
disclosed under this section. 16,217
(D) The administrator also shall furnish, as required by 16,219
section 303(h) of the "Social Security Act," to the United States 16,220
secretary of health and human services, and on a reimbursable 16,221
basis, prompt access to wage and claims information, including 16,222
any information useful in locating an absent parent or such 16,223
parent's employer for use by the "Parent Locator Service," 16,224
section 453, part D of Title IV of the "Social Security Act" and 16,225
as required under section 303(h) of such act. 16,226
(E)(1) If the director of human services determines that 16,228
direct, on-line access to the automated information system 16,229
maintained by the bureau of employment services is an effective 16,230
and efficient means of obtaining necessary information to aid in 16,231
the enforcement or collection of child support obligations, the 16,232
director shall make a written request to the administrator of the 16,233
bureau of employment services to permit the following to have 16,234
direct, on-line access to the information system: 16,235
(a) The department of human services; 16,237
(b) Officers, agents, or employees of a state or local 16,239
child support enforcement agency of this state or of another 16,240
393
state as designated by the director; 16,241
(c) Officers, agents, or employees of any private agency 16,243
designated by the director that is operating pursuant to a 16,244
contract entered into with a state or local child support 16,245
enforcement agency of this state for the exchange of information 16,246
related to the enforcement and collection of child support 16,247
obligations. 16,248
(2) The director of human services shall not designate 16,250
pursuant to division (E)(1) of this section a state or local 16,251
child support enforcement agency of this state or of another 16,252
state or any private agency to have access to the automated 16,253
information system maintained by the bureau unless the director 16,255
also determines that on-line direct access to the bureau's 16,256
automated information system by that agency is necessary for the 16,257
implementation of a child support enforcement program operating 16,258
pursuant to a plan described in section 454 of the "Social 16,259
Security Act," 88 Stat. 2354 (1975), 42 U.S.C.A. 654, that has 16,260
been approved by the secretary of health and human services under 16,261
part D of Title IV of the "Social Security Act," 88 Stat. 2351 16,262
(1975), 42 U.S.C.A. 651. 16,263
(3) Upon receipt of a request made under division (E)(1) 16,265
of this section, the administrator of the bureau shall comply 16,266
with the request and shall adopt rules pursuant to this section 16,267
and section 111.15 of the Revised Code to regulate access to the 16,268
bureau's automated information system. The rules shall include a 16,269
confidentiality requirement that conforms to division (E)(5) of 16,270
this section. 16,271
(4)(a) State and local child support enforcement agencies, 16,273
pursuant to section 303(d) of the "Social Security Act," 94 Stat. 16,274
441 (1980), 42 U.S.C.A. 503, as set forth in the "Social Security 16,275
Disability Amendments of 1980," section 408(B) of P.L. 96-265, 16,276
shall pay to the bureau the actual costs to the bureau of 16,277
accessing its automated information system. 16,278
(b) Any private agency designated by the director of human 16,280
394
services pursuant to division (E)(1) of this section that is 16,281
operating pursuant to a contract entered into with a state or 16,282
local child support enforcement agency of this state for the 16,283
exchange of information related to the enforcement and collection 16,284
of child support obligations shall pay or provide contractually 16,285
for the payment of the actual costs to the bureau of accessing 16,286
its automated information system. 16,287
(5) The requirements with respect to the confidentiality 16,289
of information obtained in the administration of this chapter and 16,290
any sanctions imposed on improper disclosure of information 16,291
obtained in the administration of this chapter shall apply to any 16,292
information obtained pursuant to division (E) of this section 16,293
through on-line access to the bureau's automated information 16,294
system. 16,295
(F) The director of human services, his THE DIRECTOR'S 16,297
employees, and other individuals to whom information is made 16,299
available pursuant to this section are subject to section 4141.22 16,300
of the Revised Code and the penalty for violation of that section 16,301
as specified in section 4141.99 of the Revised Code. 16,302
(G) As used in this section, "state or local child support 16,304
enforcement agency" means either of the following: 16,305
(1) In this state, the department of human services, the 16,307
division of child support created pursuant to section 5101.31 of 16,308
the Revised Code, or a child support enforcement agency; 16,309
(2) In a state other than this state, any agency of a 16,311
state or of a political subdivision of a state operating pursuant 16,312
to a plan described in section 454 of the "Social Security Act," 16,313
which has been approved by the secretary of health and human 16,314
services under part D of Title IV of the "Social Security Act." 16,315
Sec. 4141.28. (A) Applications for determination of 16,324
benefit rights and claims for benefits shall be filed with a 16,325
deputy of the administrator of the bureau of employment services 16,326
designated for the purpose. Such applications and claims may 16,327
also be filed with an employee of another state or federal agency 16,328
395
or with an employee of the unemployment insurance commission of 16,329
Canada, charged with the duty of accepting applications and 16,330
claims for unemployment benefits. 16,331
When a former employee of a state agency, board, or 16,333
commission that has terminated its operations files an 16,334
application under this division, the former employee shall give 16,335
notice that the agency, board, or commission has terminated its 16,336
operations. All notices or information required to be sent under 16,337
this chapter to or furnished by the applicant's employer shall be 16,338
sent to or furnished by the director of administrative services. 16,339
(B)(1) When an unemployed individual files an application 16,341
for determination of benefit rights, the administrator shall 16,342
furnish the individual with the information specified in division 16,344
(A) of section 4141.321 of the Revised Code and with a pamphlet 16,345
giving instructions for the steps an applicant may take if the 16,346
applicant's claim for benefits is disallowed. The pamphlet shall 16,348
state the applicant's right of appeal, clearly describe the 16,349
different levels of appeal, and explain where and when each 16,350
appeal must be filed. In filing an application, the individual 16,351
shall, for the individual's most recent employment, furnish the 16,352
administrator with either:
(a) The information furnished by the employer as provided 16,354
for in division (B)(2) of this section; 16,355
(b) The name and address of the employer for whom the 16,357
individual performed services and the individual's written 16,358
statement of the reason for separation from the employer. 16,359
Where the claimant has furnished information in accordance 16,361
with division (B)(1)(b) of this section, the administrator shall 16,362
promptly send a notice in writing that such filing has been made 16,363
to the individual's most recent employer, which notice shall 16,364
request from the employer the reason for the individual's 16,365
unemployment. The notice shall inform such employer of the 16,366
employer's right, upon request, to be present at a fact-finding 16,368
interview conducted prior to the making of any determination 16,369
396
under that division. Upon receipt of any request, the claimant 16,370
and the employer making the request shall have at least three 16,371
days' prior notice of the time and place of the fact-finding 16,372
interview. In the conduct of the interview, the administrator is 16,373
not bound by rules of evidence or of procedure for the conduct of 16,374
hearings. The administrator may request from any base period 16,375
employer information necessary for the determination of the 16,376
applicant's rights to benefits. Information as to the reason for 16,377
unemployment preceding an additional claim shall be obtained in 16,378
the same manner. Requests for such information shall be stamped 16,379
by the administrator with the date on which they are mailed. If 16,380
the employer fails to mail or deliver such information within ten 16,381
working days from the date the administrator mailed and date 16,382
stamped such request, and if necessary to assure prompt payment 16,383
of benefits when due, the administrator shall make the 16,384
determination, and shall base the determination on such 16,385
information as is available to the administrator, which shall 16,387
include the applicant's statement made under division (B)(1)(b) 16,388
of this section. The determination, as it relates to the 16,389
claimant's determination of benefit rights, shall be amended upon 16,390
receipt of correct remuneration information at any time within 16,391
the benefit year and any benefits paid and charged to an
employer's account prior to the receipt of such information shall 16,392
be adjusted, effective as of the beginning of the claimant's 16,393
benefit year. 16,394
(2) An employer who separates within any seven-day period 16,396
fifty or more individuals because of lack of work, and these 16,397
individuals upon separation will be unemployed as defined in 16,398
division (R) of section 4141.01 of the Revised Code, shall 16,399
furnish notice to the administrator of the dates of separation 16,400
and the approximate number of individuals being separated. The 16,401
notice shall be furnished at least three working days prior to 16,402
the date of the first day of such separations. In addition, at 16,403
the time of separation the employer shall furnish to the 16,404
397
individual being separated or to the administrator separation 16,405
information necessary to determine the individual's eligibility, 16,406
on forms and in a manner approved by the administrator. 16,407
An employer who operates multiple business establishments 16,409
at which both the effective authority for hiring and separation 16,410
of employees and payroll information is located and who, because 16,411
of lack of work, separates a total of fifty or more individuals 16,412
at two or more business establishments is exempt from the first 16,413
paragraph of division (B)(2) of this section. This paragraph 16,414
shall not be construed to relieve an employer who operates 16,415
multiple business establishments from complying with division 16,416
(B)(2) of this section where the employer separates fifty or more 16,417
individuals at any business establishment within a seven-day 16,418
period. 16,419
An employer of individuals engaged in connection with the 16,421
commercial canning or commercial freezing of fruits and 16,422
vegetables is exempt from the provision of division (B)(2) of 16,423
this section that requires an employer to furnish notice of 16,424
separation at least three working days prior to the date of the 16,425
first day of such separations. 16,426
(3) Where an individual at the time of filing an 16,428
application for determination of benefit rights furnishes 16,429
separation information provided by the employer or where the 16,430
employer has provided the administrator with the information in 16,431
accordance with division (B)(2) of this section, the 16,432
administrator shall make a determination of eligibility on the 16,433
basis of the information furnished. The administrator shall 16,434
promptly notify all interested parties under division (D)(1) of 16,435
this section of the determination. 16,436
(4) Where an employer has furnished separation information 16,438
under division (B)(2) of this section which is insufficient to 16,439
enable the administrator to make a determination of a claim for 16,440
benefits of an individual, or where the individual fails at the 16,441
time of filing an application for determination of benefit rights 16,442
398
to produce the separation information furnished by an employer, 16,443
the administrator shall follow the provisions specified in 16,444
division (B)(1) of this section. 16,445
(C) The administrator or the administrator's deputy shall 16,447
promptly examine any application for determination of benefit 16,448
rights filed, and on the basis of any facts found by the 16,449
administrator or deputy shall determine whether or not the 16,450
application is valid, and if valid, the date on which the benefit 16,451
year shall commence and the weekly benefit amount. The claimant, 16,453
the most recent employer, and any other employer in the
claimant's base period shall promptly be notified of the 16,454
determination and the reasons therefor. In addition, the 16,455
determination issued to the claimant shall include the total 16,456
amount of benefits payable, and the determination issued to each 16,457
chargeable base period employer shall include the total amount of 16,458
benefits which may be charged to the employer's account. 16,459
(D)(1) The administrator or the administrator's deputy 16,461
shall examine the first claim for benefits filed in any benefit 16,462
year, and any additional claim, and on the basis of any facts 16,463
found by the administrator or deputy shall determine whether 16,464
division (D) of section 4141.29 of the Revised Code is applicable 16,465
to the claimant's most recent separation and, to the extent 16,466
necessary, prior separations from work, and whether the 16,467
separation reason is qualifying or disqualifying for the ensuing 16,468
period of unemployment. Notice of such determination shall be 16,469
mailed to the claimant, the claimant's most recent employer, and 16,470
any other employer involved in the determination. 16,471
(a) Whenever the administrator has reason to believe that 16,473
the unemployment of twenty-five or more individuals relates to a 16,474
labor dispute, the administrator shall, within five calendar days 16,475
after their claims are filed, schedule a hearing concerning the 16,476
reason for unemployment. Notice of the hearing shall be sent to 16,477
all interested parties, including the duly authorized 16,478
representative of the parties, as provided in division (D)(1) of 16,479
399
this section. The hearing date shall be scheduled so as to 16,480
provide at least ten days' prior notice of the time and date of 16,481
the hearing. A similar hearing, in such cases, may be scheduled 16,482
when there is a dispute as to the duration or ending date of the 16,483
labor dispute. 16,484
(b) The administrator shall appoint a hearing officer to 16,486
conduct the hearing of the case under division (D)(1)(a) of this 16,487
section. The hearing officer is not bound by common law or 16,488
statutory rules of evidence or by technical or formal rules of 16,489
procedure, but shall take any steps that are reasonable and 16,490
necessary to obtain the facts and determine whether the claimants 16,491
are entitled to benefits under the law. The failure of any 16,492
interested party to appear at the hearing shall not preclude a 16,493
decision based upon all the facts available to the hearing 16,494
officer. The proceeding at the hearing shall be recorded by 16,495
mechanical means or by other means prescribed by the 16,496
administrator. The record need not be transcribed unless an 16,497
application for appeal is filed on the decision and the 16,498
chairperson of the unemployment compensation review commission 16,500
requests a transcript of the hearing within fourteen days after 16,501
the application for appeal is received by the commission. The 16,502
administrator shall prescribe rules concerning the conduct of the 16,504
hearings and all related matters and appoint an attorney to 16,505
direct the operation of this function.
(c) The administrator shall issue the hearing officer's 16,507
decisions and reasons therefor on the case within ten calendar 16,508
days after the hearing. The hearing officer's decision issued by 16,509
the administrator is final unless an application for appeal is 16,510
filed with the review commission within twenty-one days after the 16,512
decision was mailed to all interested parties. The administrator 16,513
may, within the twenty-one-day appeal period, remove and vacate 16,514
the decision and issue a revised determination and appeal date. 16,515
(d) Upon receipt of the application for appeal, the full 16,517
review commission shall review the administrator's decision and 16,519
400
either schedule a further hearing on the case or disallow the 16,520
application. The review commission shall review the 16,521
administrator's decision within fourteen days after receipt of 16,522
the decision or the receipt of a transcript requested under 16,523
division (D)(1)(b) of this section, whichever is later. 16,524
(i) When a further hearing is granted, the commission 16,526
shall make the administrator's decision and record of the case, 16,528
as certified by the administrator, a part of the record and shall 16,529
consider the administrator's decision and record in arriving at a 16,530
decision on the case. The commission's decision affirming, 16,532
modifying, or reversing the administrator's decision, following 16,533
the further appeal, shall be mailed to all interested parties 16,534
within fourteen days after the hearing. 16,535
(ii) A decision of the disallowance of a further appeal 16,537
shall be mailed to all interested parties within fourteen days 16,538
after the commission makes the decision to disallow. The 16,539
disallowance is deemed an affirmation of the administrator's 16,541
decision.
(iii) The time limits specified in divisions (D)(1)(a), 16,543
(b), (c), and (d) of this section may be extended by agreement of 16,544
all interested parties or for cause beyond the control of the 16,545
administrator or the commission. 16,546
(e) An appeal of the commission's decision issued under 16,548
division (D)(1)(d) of this section may be taken to the court of 16,549
common pleas as provided in division (O) of this section. 16,550
(f) A labor dispute decision involving fewer than 16,552
twenty-five individuals shall be determined under division (D)(1) 16,553
of this section and the review commission shall determine any 16,555
appeal from the decision pursuant to division (M) of this section 16,556
and within the time limits provided in division (D)(1)(d) of this 16,557
section. 16,558
(2) The administrator or the administrator's deputy shall 16,560
also examine each continued claim for benefits filed, and on the 16,562
basis of any facts found by the administrator or the 16,563
401
administrator's deputy shall determine whether such claim shall 16,564
be allowed. 16,565
(a) The determination of a first or additional claim, 16,567
including the reasons therefor, shall be mailed to the claimant, 16,568
the claimant's most recent employer, and any other employer 16,569
involved in the determination. 16,570
(b) When the determination of a continued claim results in 16,572
a disallowed claim, the administrator shall notify the claimant 16,573
of such disallowance and the reasons therefor. 16,574
(3) Where the claim for benefits is directly attributable 16,576
to unemployment caused by a major disaster, as declared by the 16,577
president of the United States pursuant to the "Disaster Relief 16,578
Act of 1970," 84 Stat. 1745, 42 U.S.C.A. 4402, and the individual 16,579
filing the claim would otherwise have been eligible for disaster 16,580
unemployment assistance under that act, then upon application by 16,581
the employer any benefits paid on the claim shall not be charged 16,582
to the account of the employer who would have been charged on 16,583
such claim but instead shall be charged to the mutualized account 16,584
described in section 4141.25 of the Revised Code, provided that 16,585
this division is not applicable to an employer electing 16,586
reimbursing status under section 4141.241 of the Revised Code, 16,587
except reimbursing employers for whom benefit charges are charged 16,588
to the mutualized account pursuant to division (C) of section 16,589
4141.33 of the Revised Code. 16,590
(4)(a) An individual filing a new claim for unemployment 16,592
compensation shall disclose, at the time of filing, whether or 16,593
not the individual owes child support obligations. In such a 16,594
case, the administrator shall notify the state or local child 16,595
support enforcement agency enforcing the obligation only if the 16,596
claimant has been determined to be eligible for unemployment 16,597
compensation. 16,598
(b) The administrator shall deduct and withhold from 16,600
unemployment compensation payable to an individual who owes child 16,601
support obligations: 16,602
402
(i) Any amount required to be deducted and withheld from 16,604
the unemployment compensation pursuant to legal process, as that 16,605
term is defined in section 462(e) 459(i)(5) of the "Social 16,606
Security Act," 88 Stat. 2351, 42 U.S.C. 654, as amended BY THE 16,608
"PERSONAL RESPONSIBILITY AND WORK OPPORTUNITY RECONCILIATION ACT 16,610
OF 1996," 100 STAT. 2105, 42 U.S.C. 659, and properly served upon 16,612
the administrator, as described in division (D)(4)(c) of this 16,613
section; or
(ii) Where division (D)(4)(b)(i) of this section is 16,615
inapplicable, in the amount determined pursuant to an agreement 16,616
submitted to the administrator under section 454(20)(B)(i) of the 16,617
"Social Security Act," 88 Stat. 2351, 42 U.S.C. 654, as amended, 16,618
by the state or local child support enforcement agency; or 16,619
(iii) If neither division (D)(4)(b)(i) nor (ii) of this 16,621
section is applicable, then in the amount specified by the 16,622
individual. 16,623
(c) The state department of human BUREAU OF EMPLOYMENT 16,625
services shall be designated to receive all legal process 16,626
described in division (D)(4)(b)(i) of this section from each 16,627
local child support enforcement agency, which legal process was 16,628
received ISSUED by the agency under section 2301.371 of the 16,630
Revised Code or otherwise was received ISSUED by the agency. The 16,631
processing of cases under part D of Title IV of the "Social 16,632
Security Act," 88 Stat. 2351 (1975), 42 U.S.C.A. 651, as amended, 16,633
shall be determined pursuant to agreement between the 16,634
administrator and the state department of human services. The 16,635
department shall pay, pursuant to that agreement, all of the 16,636
costs of the bureau of employment services that are associated 16,637
with a deduction and withholding under division (D)(4)(b)(i) of 16,638
this section.
(d) The amount of unemployment compensation subject to 16,640
being withheld pursuant to division (D)(4)(b) of this section is 16,641
that amount which remains payable to the individual after 16,642
application of any recoupment provisions for recovery of 16,643
403
overpayments and after deductions which have been made under this 16,644
chapter for deductible income received by the individual. 16,645
EFFECTIVE FOR APPLICATIONS TO ESTABLISH UNEMPLOYMENT COMPENSATION 16,647
BENEFIT RIGHTS FILED AFTER DECEMBER 27, 1997, THE AMOUNT WITHHELD 16,648
WITH RESPECT TO A WEEK OF UNEMPLOYMENT BENEFITS SHALL NOT EXCEED 16,649
FIFTY PER CENT OF THE INDIVIDUAL'S WEEKLY BENEFIT AMOUNT AS
DETERMINED BY THE ADMINISTRATOR. 16,650
(e) Any amount deducted and withheld under division 16,652
(D)(4)(b) of this section shall be paid to the appropriate state 16,653
or local child support enforcement agency in the following 16,654
manner:
(i) The administrator shall determine the amounts that are 16,656
to be deducted and withheld on a per county basis. 16,657
(ii) For each county, the administrator shall forward to 16,659
the local child support enforcement agency of the county, at 16,661
intervals to be determined pursuant to the agreement referred to 16,662
in division (D)(4)(c) of this section, the amount determined for
that county under division (D)(4)(e)(i) of this section for 16,663
disbursement to the obligees or assignees of such support 16,664
obligations. 16,665
(f) Any amount deducted and withheld under division 16,667
(D)(4)(b) of this section shall for all purposes be treated as if 16,668
it were paid to the individual as unemployment compensation and 16,669
paid by the individual to the state or local child support agency 16,671
in satisfaction of the individual's child support obligations. 16,672
(g) Division (D)(4) of this section applies only if 16,674
appropriate arrangements have been made for reimbursement by the 16,675
state or local child support enforcement agency for the 16,677
administrative costs incurred by the administrator under this 16,678
section which are associated with or attributable to child
support obligations being enforced by the state or local child 16,679
support enforcement agency. 16,680
(h) As used in division (D)(4) of this section: 16,682
(i) "Child support obligations" means only obligations 16,684
404
which are being enforced pursuant to a plan described in section 16,685
454 of the "Social Security Act," 88 Stat. 2351, 42 U.S.C. 654, 16,686
as amended, which has been approved by the United States 16,687
secretary of health and human services under part D of Title IV 16,688
of the "Social Security Act," 88 Stat. 2351, 42 U.S.C. 651, as 16,689
amended. 16,690
(ii) "State child support enforcement agency" means the 16,692
department of human services, bureau of child support, designated 16,693
as the single state agency for the administration of the program 16,694
of child support enforcement pursuant to part D of Title IV of 16,695
the "Social Security Act," 88 Stat. 2351, 42 U.S.C. 651, as 16,696
amended. 16,697
(iii) "Local child support enforcement agency" means a 16,699
child support enforcement agency or any other agency of a 16,700
political subdivision of the state operating pursuant to a plan 16,701
mentioned in division (D)(4)(h)(i) of this section. 16,702
(iv) "Unemployment compensation" means any compensation 16,704
payable under this chapter including amounts payable by the 16,705
administrator pursuant to an agreement under any federal law 16,706
providing for compensation, assistance, or allowances with 16,707
respect to unemployment. 16,708
(E)(1) Any base period or subsequent employer of a 16,710
claimant who has knowledge of specific facts affecting such 16,711
claimant's right to receive benefits for any week may notify the 16,712
administrator in writing of such facts. The administrator shall 16,713
prescribe a form to be used for such eligibility notice, but 16,714
failure to use the prescribed form shall not preclude the 16,715
administrator's examination of any notice. 16,716
(2) An eligibility notice is timely filed if received by 16,718
the administrator or the administrator's deputy or postmarked 16,720
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 16,721
claimant. An employer who does not timely file an eligibility 16,723
notice shall not be an interested party with respect to the claim 16,724
405
for benefits which is the subject of the notice.
(3) The administrator or the administrator's deputy shall 16,726
consider the information contained in the eligibility notice, 16,727
together with other facts found by the administrator or the 16,728
administrator's deputy and, after giving notice to the notifying 16,729
employer, if the employer timely filed the eligibility notice, 16,730
and to the claimant, and other interested parties and informing 16,732
them of their right to be present at a predetermination 16,733
fact-finding interview, shall determine, unless a prior 16,736
determination on the same eligibility issue has become final, 16,737
whether such claim shall be allowed, and shall mail notice of 16,738
such determination to the notifying employer who timely filed the 16,740
eligibility notice, to the claimant, and to other interested 16,741
parties. If the determination disallows benefits for any week in 16,742
question, the payment of benefits with respect to that week shall 16,744
be withheld pending further appeal, or an overpayment order shall 16,745
be issued by the administrator as prescribed in section 4141.35 16,746
of the Revised Code, if applicable. 16,747
(F) In making determinations on applications for 16,749
determination of benefit rights and claims for benefits, the 16,750
administrator and the administrator's deputy shall follow 16,751
decisions of the unemployment compensation review commission 16,753
which have become final with respect to claimants similarly 16,755
situated.
(G)(1) Any interested party notified of a determination of 16,757
an application for determination of benefit rights or a claim for 16,758
benefits may, within twenty-one calendar days after the notice 16,759
was mailed to the party's last known post-office address, apply 16,760
in writing for a reconsideration of the administrator's or 16,761
deputy's determination. 16,762
(2) Unless an application for reconsideration is filed 16,764
within the twenty-one-day period, or within an extended period 16,765
pursuant to division (R) of this section, such determination of 16,766
the administrator or deputy is final, except that upon discovery, 16,767
406
within the benefit year, of an error in an employer's report 16,768
other than a report to correct remuneration information as 16,769
provided in division (B) of this section or any typographical or 16,770
clerical error in the administrator's determination or a decision 16,771
on reconsideration, the administrator or the administrator's 16,772
deputy shall issue a corrected determination or decision to all 16,774
interested parties, which determination or decision shall take 16,775
precedence over and void the prior determination or decision of 16,776
the administrator or the administrator's deputy, provided no 16,777
appeal has been filed with the commission. If a request for 16,778
reconsideration is filed within the twenty-one-day period, the 16,780
administrator shall promptly consider such request and, after 16,781
giving notice to the interested parties and informing them of 16,782
their right to be present at a predetermination fact-finding 16,783
interview, conducted as described in division (B) of this 16,784
section, shall issue the decision to the interested parties; 16,785
except that, if in the administrator's judgment the issues are 16,786
such as to require a hearing, the administrator may refer any 16,787
request for reconsideration to the commission as an appeal. 16,788
(3) If benefits are allowed by the administrator in the 16,790
initial determination or the decision on reconsideration, or in a 16,791
decision by a referee, the review commission, or a court, the 16,793
benefits shall be paid promptly, notwithstanding any further 16,794
appeal, provided that if benefits are denied upon reconsideration 16,795
or appeal, of which the parties have notice and an opportunity to 16,796
be heard, the payment of benefits shall be withheld pending a 16,797
decision on any further appeal. 16,798
(4) Any benefits paid to a claimant under this section 16,800
prior to a final determination of the claimant's right to the 16,801
benefits shall be charged to the employer's account as provided 16,803
in division (D) of section 4141.24 of the Revised Code, provided 16,804
that if there is no final determination of the claim by the 16,805
subsequent thirtieth day of June, the employer's account will be 16,806
credited with the total amount of benefits which has been paid 16,807
407
prior to that date, based on the determination which has not 16,808
become final. The total amount credited to the employer's 16,809
account shall be charged to a suspense account which shall be 16,810
maintained as a separate bookkeeping account and administered as 16,811
a part of section 4141.24 of the Revised Code, and shall not be 16,812
used in determining the account balance of the employer for the 16,813
purpose of computing the employer's contribution rate under 16,814
section 4141.25 of the Revised Code. If it is finally determined 16,815
that the claimant is entitled to all or a part of the benefits in 16,816
dispute, the suspense account shall be credited and the 16,817
appropriate employer's account charged with the benefits. If it 16,818
is finally determined that the claimant is not entitled to all or 16,819
any portion of the benefits in dispute, the benefits shall be 16,820
credited to the suspense account and a corresponding charge made 16,821
to the mutualized account established in division (D) of section 16,822
4141.25 of the Revised Code, provided that, except as otherwise 16,823
provided in this division, if benefits are chargeable to an 16,824
employer or group of employers who is required or elects to make 16,825
payments to the fund in lieu of contributions under section 16,826
4141.241 of the Revised Code, the benefits shall be charged to 16,827
the employer's account in the manner provided in division (D) of 16,828
section 4141.24 and division (B) of section 4141.241 of the 16,829
Revised Code, and no part of the benefits may be charged to the 16,830
suspense account provided in this division. To the extent that 16,831
benefits which have been paid to a claimant and charged to the 16,832
employer's account are found not to be due the claimant and are 16,833
recovered by the administrator as provided in section 4141.35 of 16,834
the Revised Code, they shall be credited to the employer's 16,835
account.
(H) Any interested party may appeal the administrator's 16,837
decision on reconsideration to the commission and unless an 16,839
appeal is filed from such decision on reconsideration with the 16,840
commission within twenty-one calendar days after such decision 16,842
was mailed to the last known post-office address of the 16,843
408
appellant, or within an extended period pursuant to division (R) 16,844
of this section, such decision on reconsideration is final and 16,845
benefits shall be paid or denied in accordance therewith. 16,846
(I) Requests for reconsideration, appeals, or applications 16,848
for further appeals may be filed with the commission, with the 16,850
administrator or one of the administrator's deputies, with an 16,851
employee of another state or federal agency, or with an employee 16,853
of the unemployment insurance commission of Canada charged with 16,854
the duty of accepting claims. 16,855
(1) Any timely written notice stating that the interested 16,857
party desires a review of the previous determination or decision 16,858
and the reasons therefor, shall be accepted. 16,859
(2) The administrator, commission, or authorized agent 16,861
must receive the request, appeal, or application within the 16,863
specified appeal period in order for the request, appeal, or 16,864
application to be deemed timely filed, except that: 16,865
(a) If the United States postal service is used as the 16,867
means of delivery, the enclosing envelope must have a postmark 16,868
date, as governed by United States postal regulations, that is on 16,869
or before the last day of the specified appeal period; and 16,870
(b) Where the postmark date is illegible or missing, the 16,872
request, appeal, or application is timely filed if received no 16,873
later than the end of the third calendar day following the last 16,874
day of the specified appeal period. 16,875
(J) When an appeal from a decision on reconsideration of 16,877
the administrator or deputy is taken, all interested parties 16,878
shall be notified and the commission or a referee shall, after 16,880
affording such parties reasonable opportunity for a fair hearing, 16,881
affirm, modify, or reverse the findings of fact and the decision 16,882
of the administrator or deputy in the manner which appears just 16,883
and proper. In the conduct of such hearing or any other hearing 16,884
on appeal to the commission which is provided in this section, 16,886
the commission and the referees are not bound by common law or 16,887
statutory rules of evidence or by technical or formal rules of 16,888
409
procedure. The commission and the referees shall take any steps 16,889
in the hearings, consistent with the impartial discharge of their 16,891
duties, which appear reasonable and necessary to ascertain the 16,892
facts and determine whether the claimant is entitled to benefits 16,893
under the law. For the purpose of any hearing on appeal which is 16,894
provided in this section, the file of the administrator 16,895
pertaining to the case shall be certified by the administrator 16,896
and shall automatically become a part of the record in the appeal 16,897
hearing. All information in the file which pertains to the claim, 16,898
including statements made to the administrator or the 16,899
administrator's deputy by the individual claiming benefits or 16,901
other interested parties, shall be considered by the commission 16,902
and the referees in arriving at a decision, together with any 16,904
other information which is produced at the hearing. The 16,905
commission and referees may conduct any such hearing in person or 16,907
by telephone. The commission shall adopt rules which designate 16,909
the circumstances under which the commission or referees may 16,911
conduct a hearing by telephone, grant a party to the hearing the 16,912
opportunity to object to a hearing by telephone, and govern the 16,913
conduct of hearings by telephone. An interested party whose 16,914
hearing would be by telephone pursuant to the commission rules 16,915
may elect to have an in-person hearing, provided that the party 16,916
electing the in-person hearing agrees to have the hearing at the 16,917
time and place the commission determines pursuant to rule. 16,918
(1) The failure of the claimant or other interested party 16,920
to appear at a hearing, unless the claimant or interested party 16,921
is the appealing party, shall not preclude a decision in the 16,923
claimant's or interested party's favor, if on the basis of all 16,924
the information in the record, including that contained in the 16,925
file of the administrator, the claimant or interested party is 16,926
entitled to the decision. 16,927
(2) If the party appealing fails to appear at the hearing, 16,929
the referee or the commission shall dismiss the appeal, provided 16,931
that the referee or commission shall vacate the dismissal upon a 16,933
410
showing that due notice of the hearing was not mailed to such 16,934
party's last known address or good cause for the failure to 16,935
appear is shown to the referee or the commission within fourteen 16,936
days after the hearing date. No further appeal from the decision 16,938
may thereafter be instituted by such party. If the other party 16,939
fails to appear at the hearing, the referee or the commission 16,940
shall proceed with the hearing and shall issue a decision without 16,942
further hearing, provided that the referee or commission shall 16,943
vacate the decision upon a showing that due notice of the hearing 16,945
was not mailed to such party's last known address or good cause 16,946
for such party's failure to appear is shown to the referee or the 16,947
commission within fourteen days after the hearing date. 16,949
(3) Where a party requests that a hearing be scheduled in 16,951
the evening because the party is employed during the day, the 16,952
commission or referee shall schedule the hearing during such 16,954
hours as the party is not employed. 16,955
(K) The proceedings at the hearing before the referee, or 16,957
the commission, shall be recorded by mechanical means or 16,958
otherwise as may be prescribed by the commission. Unless the 16,960
claim is further appealed, such record of proceedings need not be 16,962
transcribed.
(L) All interested parties shall be notified of the 16,964
referee's decision, which shall include the reasons therefor. 16,965
The referee's decision shall become final unless, within 16,966
twenty-one days after the decision was mailed to the last known 16,967
post-office address of such parties, or within an extended period 16,968
pursuant to division (R) of this section, the commission on its 16,970
own motion removes or transfers such claim to itself or an 16,971
application to institute a further appeal before the commission 16,973
is filed by any interested party and such appeal is allowed by 16,974
the commission. 16,975
(M) When any claim is removed or transferred to the 16,977
commission on its own motion, or when an application to institute 16,979
a further appeal is allowed by the commission, the commission 16,981
411
shall review the decision of the referee and shall either affirm, 16,982
modify, or reverse such decision. Before rendering its decision, 16,983
the commission may remand the case to the referee for further 16,985
proceedings. When the commission disallows an application to 16,986
institute a further appeal, or renders its decision affirming, 16,988
modifying, or reversing the decision of the referee, all 16,989
interested parties shall be notified of such decision or order by 16,990
mail addressed to the last known post-office address of such 16,991
parties. A disallowance by the commission of an application for 16,993
further appeal shall be deemed an affirmation by the commission 16,994
of the referee's decision under appeal. 16,995
(N) Whenever the administrator and the chairperson of the 16,997
review commission determine in writing and certify jointly that a 16,999
controversy exists with respect to the proper application of this 17,000
chapter to more than five hundred claimants similarly situated 17,001
whose claims are pending before the administrator or the review 17,003
commission or both on reconsideration or appeal applied for or
filed by three or more employers or by such claimants, the 17,005
chairperson of the review commission shall select one such claim 17,007
which is representative of all such claims and assign it for a 17,009
fair hearing and decision. Any other claimant or employer in the 17,010
group who makes a timely request to participate in the hearing 17,011
and decision shall be given a reasonable opportunity to 17,012
participate as a party to the proceeding. 17,013
Such joint certification by the administrator and the 17,015
chairperson of the commission shall constitute a stay of further 17,017
proceedings in the claims of all claimants similarly situated 17,018
until the issue or issues in controversy are adjudicated by the 17,019
supreme court of Ohio. At the time the decision of the 17,020
commission is issued, the chairperson shall certify the 17,022
commission's decision directly to the supreme court of Ohio and 17,025
the chairperson shall file with the clerk of the supreme court a 17,027
certified copy of the transcript of the proceedings before the 17,028
commission pertaining to such decision. Hearings on such issues 17,030
412
shall take precedence over all other civil cases. If upon 17,031
hearing and consideration of such record the court decides that 17,032
the decision of the commission is unlawful, the court shall 17,034
reverse and vacate the decision or modify it and enter final 17,035
judgment in accordance with such modification; otherwise such 17,036
court shall affirm such decision. The notice of the decision of 17,037
the commission to the interested parties shall contain a 17,039
certification by the chairperson of the commission that the 17,040
decision is of great public interest and that a certified 17,042
transcript of the record of the proceedings before the commission 17,043
has been filed with the clerk of the supreme court as an appeal 17,045
to the court. Promptly upon the final judgment of the court, the 17,046
administrator and the commission shall decide those claims 17,047
pending before them where the facts are similar and shall notify 17,049
all interested parties of such decision and the reason therefor 17,050
in the manner provided for in this section. Nothing in this 17,051
division shall be construed so as to deny the right of any such 17,052
claimant, whose claim is pending before the administrator on 17,053
reconsideration or before the commission, to apply for and be 17,055
granted an opportunity for a fair hearing to show that the facts 17,056
in the claimant's case are different from the facts in the claim 17,057
selected as the representative claim as provided in this 17,058
division, nor shall any such claimant be denied the right to
appeal the decision of the administrator or the commission which 17,059
is made as a result of the decision of the court in the 17,061
representative case.
(O)(1) Any interested party as defined in division (I) of 17,063
section 4141.01 of the Revised Code, within thirty days after 17,064
notice of the decision of the commission was mailed to the last 17,066
known post-office address of all interested parties, may appeal 17,067
from the decision of the commission to the court of common pleas 17,069
of the county where the appellant, if an employee, is resident or 17,070
was last employed or of the county where the appellant, if an 17,071
employer, is resident or has the principal place of business in 17,072
413
this state. The commission shall provide on its decision the 17,074
names and addresses of all interested parties. Such appeal shall 17,075
be taken within such thirty days by the appellant by filing a 17,076
notice of appeal with the clerk of the court of common pleas. 17,077
Such filing shall be the only act required to perfect the appeal 17,078
and vest jurisdiction in the court. Failure of an appellant to 17,079
take any step other than timely filing of a notice of appeal does 17,080
not affect the validity of the appeal, but is grounds only for 17,081
such action as the court deems appropriate, which may include 17,082
dismissal of the appeal. Such notice of appeal shall set forth 17,083
the decision appealed from. The appellant shall mail a copy of 17,084
the notice of appeal to the commission and to all interested 17,086
parties by certified mail to their last known post-office address 17,087
and proof of the mailing of the notice shall be filed with the 17,088
clerk within thirty days of filing the notice of appeal. All 17,089
interested parties shall be made appellees. The commission upon 17,091
receipt of the notice of appeal shall within thirty days file 17,092
with the clerk a certified transcript of the record of the 17,093
proceedings before the commission pertaining to the decision 17,095
complained of, and mail a copy of the transcript to the 17,096
appellant's attorney or to the appellant, if not represented by 17,097
counsel. The appellant shall file a statement of the assignments 17,098
of error presented for review within sixty days of the filing of 17,099
the notice of appeal with the court. The appeal shall be heard 17,100
upon such record certified by the commission. After an appeal 17,102
has been filed in the court, the commission may, by petition, be 17,104
made a party to such appeal. If the court finds that the 17,105
decision was unlawful, unreasonable, or against the manifest 17,106
weight of the evidence, it shall reverse and vacate such decision 17,107
or it may modify such decision and enter final judgment in 17,108
accordance with such modification; otherwise such court shall 17,109
affirm such decision. Any interested party shall have the right 17,110
to appeal from the decision of the court as in civil cases. 17,111
(2) If an appeal is filed after the thirty-day appeal 17,113
414
period established in division (O)(1) of this section, the court 17,114
of common pleas shall conduct a hearing to determine whether the 17,115
appeal was timely filed pursuant to division (R) of this section. 17,116
At the hearing, additional evidence may be introduced and oral 17,117
arguments may be presented regarding the timeliness of the filing 17,118
of the appeal. If the court of common pleas determines that the 17,119
time for filing the appeal is extended as provided in division 17,120
(R) of this section and that the appeal was filed within the 17,121
extended time provided in that division, the court shall 17,122
thereafter make its decision on the merits of the appeal. If the 17,123
court of common pleas determines that the time for filing the 17,124
appeal may not be extended as provided in division (R) of this 17,125
section, the court shall dismiss the appeal accordingly. The 17,126
determination on timeliness by the court of common pleas may be 17,127
appealed to the court of appeals as in civil cases, and such 17,128
appeal shall be consolidated with any appeal from the decision by 17,129
the court of common pleas on the merits of the appeal. 17,130
(P) Any application for reconsideration, any appeal from a 17,132
decision on reconsideration of the determination of the 17,133
administrator, application to institute a further appeal, and any 17,134
notice of intention to appeal the decision or order of the 17,135
commission to a court of common pleas may be executed in behalf 17,137
of any party or any group of claimants by an agent. 17,138
(Q)(1) The administrator, the administrator's deputy, the 17,140
referee, the review commission, or the court that has the 17,141
authority or jurisdiction pursuant to this section to hear an 17,143
application for reconsideration or an appeal that is timely filed 17,144
shall render a decision on the application for reconsideration or 17,145
the appeal and upon any further application for reconsideration 17,146
or appeal that is timely filed, whether or not the claimant meets 17,147
the able to work, available for suitable work, or the actively 17,148
seeking work requirements of division (A)(4)(a) of section 17,149
4141.29 of the Revised Code, if all of the following apply: 17,150
(a) The claimant's claim for benefits is allowed or denied 17,152
415
upon initial determination by the administrator or the 17,153
administrator's deputy or upon reconsideration, review, or appeal 17,155
by a decision of the administrator, the administrator's deputy, a 17,156
referee, the review commission, or a court. 17,157
(b) After the claim is allowed or disallowed, the claimant 17,159
is subjected to criminally injurious conduct, as defined in 17,160
section 2743.51 of the Revised Code. 17,161
(c) Pursuant to this section, any interested party timely 17,163
applies for reconsideration, or timely files an appeal, of the 17,164
determination or decision. 17,165
(d) The claimant files an application for an award of 17,167
reparations pursuant to sections 2743.51 to 2743.72 of the 17,168
Revised Code, for the loss of unemployment benefits. 17,169
(2) Any decision that is rendered pursuant to division 17,171
(Q)(1) of this section when a claimant fails to meet the able to 17,172
work, available for suitable work, or the actively seeking work 17,173
requirements of division (A)(4)(a) of section 4141.29 of the 17,174
Revised Code shall apply only for the purposes of any claim for 17,175
an award of reparations filed pursuant to sections 2743.51 to 17,176
2743.72 of the Revised Code and shall not enable a claimant who 17,177
does not meet the able to work, available for suitable work, or 17,178
the actively seeking work requirements of division (A)(4)(a) of 17,179
section 4141.29 of the Revised Code to obtain any benefits 17,180
pursuant to this chapter. 17,181
(R) The time for filing a request for reconsideration, an 17,183
appeal, an application to institute further appeal, or a court 17,184
appeal, under division (G), (H), (L), or (O) of this section 17,185
shall be extended as follows: 17,186
(1) When the last day of an appeal period is a Saturday, 17,188
Sunday, or legal holiday, the appeal period is extended to the 17,189
next work day after the Saturday, Sunday, or legal holiday; or 17,190
(2) When an interested party provides certified medical 17,192
evidence stating that the interested party's physical condition 17,193
or mental capacity prevented the interested party from filing a 17,194
416
request for reconsideration, an appeal, or an application to 17,195
institute further appeal pursuant to division (G), (H), or (L) of 17,196
this section within the appropriate twenty-one-day period, the 17,197
appeal period is extended to twenty-one days after the end of the 17,198
physical or mental condition and the request, appeal, or 17,199
application is considered timely filed if filed within that 17,200
extended period; 17,201
(3) When an interested party provides evidence, which 17,203
evidence may consist of testimony from the interested party, that 17,204
is sufficient to establish that the party did not actually 17,205
receive the determination or decision within the applicable 17,207
appeal period pursuant to division (G), (H), or (L) of this 17,208
section, and the administrator or the commission finds that the 17,209
interested party did not actually receive the determination or 17,211
decision within the applicable appeal period, then the appeal 17,212
period is extended to twenty-one days after the interested party 17,213
actually receives the determination or decision. 17,214
(4) When an interested party provides evidence, which 17,216
evidence may consist of testimony from the interested party, that 17,217
is sufficient to establish that the party did not actually 17,218
receive a decision within the thirty-day appeal period provided 17,219
in division (O)(1) of this section, and a court of common pleas 17,220
finds that the interested party did not actually receive the 17,221
decision within that thirty-day appeal period, then the appeal 17,222
period is extended to thirty days after the interested party 17,223
actually receives the decision. 17,224
(S) No finding of fact or law, decision, or order of the 17,226
administrator, referee, or the review commission, or a reviewing 17,228
court pursuant to this section, shall be given collateral 17,229
estoppel or res judicata effect in any separate or subsequent 17,230
judicial, administrative, or arbitration proceeding, other than a 17,231
proceeding arising under this chapter. 17,232
Sec. 5101.26. As used in this section and in sections 17,242
5101.27 to 5101.30 of the Revised Code:
417
(A) "County agency" means a county department of human 17,244
services established under Chapter 329. of the Revised Code or a 17,246
public children services agency, as defined in section 2151.011 17,248
of the Revised Code. 17,249
(B) "Fugitive felon" means an individual who is fleeing to 17,251
avoid prosecution, or custody or confinement after conviction, 17,253
under the laws of the place from which the individual is fleeing, 17,254
for a crime or an attempt to commit a crime that is a felony 17,256
under the laws of the place from which the individual is fleeing 17,257
or, in the case of New Jersey, a high misdemeanor, regardless of 17,258
whether the individual has departed from the individual's usual 17,259
place of residence. 17,260
(C) "Information" means records as defined in section 17,262
149.011 of the Revised Code, any other documents in any format, 17,265
and data derived from records and documents that are generated, 17,266
acquired, or maintained by the state department of human
services, a county agency, or an entity performing duties on 17,268
behalf of the state department or a county agency. 17,269
(D) "Law enforcement agency" means the state highway 17,272
patrol, an agency that employs peace officers as defined in 17,273
section 109.71 of the Revised Code, the adult parole authority, a 17,274
county department of probation, a prosecuting attorney, the 17,275
attorney general, similar agencies of other states, federal law 17,277
enforcement agencies, and postal inspectors. "Law enforcement
agency" includes the peace officers and other law enforcement 17,278
officers employed by the agency. 17,279
(E) "Public assistance" means financial assistance, 17,281
medical assistance, or social services provided under a program 17,283
administered by the state department or a county agency pursuant 17,284
to Chapter 329., 5101., 5104., 5107., 5108., 5111., or 5115. of 17,285
the Revised Code or an executive order issued under section 17,286
107.17 of the Revised Code. 17,287
(F) "Public assistance recipient" means an applicant for 17,289
or recipient or former recipient of public assistance or 17,291
418
participant or former participant in Ohio works first or the 17,292
prevention, retention, and contingency program.
Sec. 5101.28. (A) The state department OF HUMAN SERVICES 17,302
shall enter into written agreements with law enforcement agencies 17,303
to exchange, obtain, or share information regarding public 17,304
assistance recipients to enable the state department, county 17,305
agencies, and law enforcement agencies to determine whether a 17,306
recipient or a member of a recipient's assistance group is either 17,309
of the following:
(1) A fugitive felon; 17,311
(2) Violating a condition of probation, a community 17,313
control sanction, parole, or a post-release control sanction 17,314
imposed under state or federal law.
(B) The state department and county agencies shall provide 17,317
information regarding recipients of public assistance under a 17,318
program administered by the state department or a county agency
pursuant to Chapter 5107., 5108., or 5115. of the Revised Code to 17,319
law enforcement agencies on request for the purposes of 17,321
investigations, prosecutions, and criminal and civil proceedings 17,322
that are within the scope of the law enforcement agencies' 17,323
official duties.
(C) Information about a recipient shall be exchanged, 17,325
obtained, or shared only if the state department, county agency, 17,327
or law enforcement agency requesting the information gives 17,328
sufficient information to specifically identify the recipient. 17,329
In addition to the recipient's name, identifying information may 17,330
include the recipient's current or last known address, social
security number, other identifying number, age, gender, physical 17,331
characteristics, any information specified in an agreement 17,332
entered into under division (A) of this section, or any 17,333
information considered appropriate by the department or agency. 17,334
(D)(1) The state department and its officers and employees 17,336
are not liable in damages in a civil action for any injury, 17,337
death, or loss to person or property that allegedly arises from 17,338
419
the release of information in accordance with divisions (A), (B), 17,339
and (C) of this section. This section does not affect any 17,341
immunity or defense that the state department and its officers 17,343
and employees may be entitled to under another section of the 17,344
Revised Code or the common law of this state, including section 17,346
9.86 of the Revised Code.
(2) The county agencies and their employees are not liable 17,348
in damages in a civil action for any injury, death, or loss to 17,349
person or property that allegedly arises from the release of 17,350
information in accordance with divisions (A), (B), and (C) of 17,351
this section. "Employee" has the same meaning as in division (B) 17,353
of section 2744.01 of the Revised Code. This section does not 17,354
affect any immunity or defense that the county agencies and their 17,355
employees may be entitled to under another section of the Revised 17,356
Code or the common law of this state, including section 2744.02 17,358
and division (A)(6) of section 2744.03 of the Revised Code. 17,359
(E) To the extent permitted by federal law, the state 17,361
department and county agencies shall provide access to 17,362
information to the auditor of state acting pursuant to Chapter 17,363
117. or sections 5101.181 and 5101.182 of the Revised Code and to 17,364
any other government entity authorized by state or federal law to 17,365
conduct an audit of or similar activity involving a public 17,366
assistance program. 17,367
(F) The auditor of state shall prepare an annual report on 17,370
the outcome of the agreements required under division (A) of this 17,371
section. The report shall include the number of fugitive felons 17,372
and probation and parole violators apprehended during the 17,373
immediately preceding year as a result of the exchange of 17,374
information pursuant to that division. The auditor of state 17,376
shall file the report with the governor, the president and 17,377
minority leader of the senate, and the speaker and minority 17,378
leader of the house of representatives. The state department, 17,379
county agencies, and law enforcement agencies shall cooperate 17,380
with the auditor of state's office in gathering the information 17,381
420
required under this division.
(G) To the extent permitted by federal law, the state 17,384
department of human services, county departments of human 17,385
services, and employees of the departments may report to a public 17,386
children services agency or other appropriate agency information 17,387
on known or suspected physical or mental injury, sexual abuse or 17,388
exploitation, or negligent treatment or maltreatment, of a child 17,389
receiving public assistance, if circumstances indicate that the 17,390
child's health or welfare is threatened. 17,391
Sec. 5101.31. (A) As used in this section,: 17,400
(1) "CABLE TELEVISION SERVICE" HAS THE SAME MEANING AS IN 17,402
SECTION 2913.01 OF THE REVISED CODE. 17,403
(2) "CHILD SUPPORT ORDER" HAS THE SAME MEANING AS IN 17,405
SECTION 2301.373 OF THE REVISED CODE. 17,406
(3) "Law enforcement entity" means a public entity that 17,408
employs a law enforcement officer. 17,409
(4) "OBLIGOR" AND "OBLIGEE" HAVE THE SAME MEANINGS AS IN 17,412
SECTION 3113.21 OF THE REVISED CODE. 17,413
(5) "PUBLIC UTILITY" MEANS A PERSON OR ENTITY, INCLUDING 17,415
AN ENTITY OWNED OR OPERATED BY A MUNICIPAL CORPORATION OR OTHER 17,416
GOVERNMENT ENTITY, THAT IS DESCRIBED IN DIVISION (A) OF SECTION 17,418
4905.03 OF THE REVISED CODE AS A TELEPHONE COMPANY, ELECTRIC 17,421
LIGHT COMPANY, GAS COMPANY, NATURAL GAS COMPANY, WATER-WORKS 17,422
COMPANY, HEATING OR COOLING COMPANY, OR SEWAGE DISPOSAL SYSTEM 17,423
COMPANY, OR THAT IS PROVIDING CABLE TELEVISION SERVICE. 17,424
(6) "SUPPORT ORDER" HAS THE SAME MEANING AS IN SECTION 17,426
2301.34 OF THE REVISED CODE. 17,428
(B) The division of child support is hereby created in the 17,431
department of human services. The division shall establish and 17,432
administer a program of child support enforcement, which program 17,433
shall meet the requirements of Title IV-D of the "Social Security 17,434
Act," 88 Stat. 2351 (1975), 42 U.S.C. 651, as amended, and any 17,435
rules adopted under Title IV-D. The program of child support 17,436
enforcement shall include, but not be limited to, the location of 17,437
421
absent parents, the establishment of parentage, the establishment 17,438
and modification of child support orders and medical support 17,439
orders, the enforcement of support orders, and the collection of 17,440
support obligations.
AS PART OF ITS EFFORTS TO ESTABLISH PARENTAGE, THE DIVISION 17,442
SHALL DEVELOP A PROGRAM TO PUBLICIZE THE STATE PROCEDURES FOR 17,443
ESTABLISHING THE EXISTENCE OF A PARENT AND CHILD RELATIONSHIP AND 17,444
THE ADVANTAGES OF ESTABLISHING SUCH A RELATIONSHIP. THE DIVISION 17,445
MAY REQUIRE ANY BOARD, COMMISSION, OR AGENCY OF THE STATE TO 17,446
PARTICIPATE IN THE PUBLICITY PROGRAM.
The department shall charge an application fee of up to 17,448
twenty-five dollars, as determined by rule adopted by the 17,449
department pursuant to Chapter 119. of the Revised Code, for 17,450
furnishing services under Title IV-D of the "Social Security 17,451
Act," 88 Stat. 2351 (1975), 42 U.S.C. 651, as amended, to persons 17,452
not participating in Ohio works first under Chapter 5107. of the 17,453
Revised Code. The department shall adopt rules pursuant to 17,455
Chapter 119. of the Revised Code authorizing counties, at their 17,456
option, to waive the payment of the fee. The application fee, 17,457
unless waived pursuant to rules adopted by the department 17,458
pursuant to this section, shall be paid by those persons. 17,459
(C) The division of child support shall establish, by rule 17,461
adopted pursuant to Chapter 119. of the Revised Code, a program 17,462
of spousal support enforcement in conjunction with child support 17,463
enforcement. The program shall conform, to the extent 17,464
practicable, to the program for child support enforcement 17,465
established pursuant to division (B) of this section. 17,466
(D) The department of human services shall enter into an 17,468
agreement with the secretary of health and human services, as 17,469
authorized by the "Parental Kidnapping Prevention Act of 1980," 17,470
94 Stat. 3572, 42 U.S.C. 663, as amended, under which the 17,471
services of the parent locater service established pursuant to 17,472
Title IV-D of the "Social Security Act," 88 Stat. 2351 (1975), 42 17,473
U.S.C. 651, as amended, shall be made available to this state for 17,474
422
the purpose of determining the whereabouts of any absent parent 17,475
or child in order to enforce a law with respect to the unlawful 17,476
taking or restraint of a child, or to make or enforce a 17,477
determination as to the allocation, between the parents of a 17,478
child, of the parental rights and responsibilities for the care 17,479
of a child and the designation of the residential parent and 17,480
legal custodian of a child or otherwise as to the custody of a 17,481
child. 17,482
(E) The division of child support shall not use any social 17,484
security number made available to it under section 3705.07 of the 17,485
Revised Code for any purpose other than child support 17,486
enforcement. 17,487
(F)(1) Except as provided by the rules adopted pursuant to 17,489
this division (F)(2) OF THIS SECTION, no person shall disclose DO 17,491
EITHER OF THE FOLLOWING:
(a) DISCLOSE information concerning applicants for and 17,493
recipients of Title IV-D support enforcement program services 17,495
provided by a child support enforcement agency; 17,496
(b) DISCLOSE ANY INFORMATION COLLECTED PURSUANT TO 17,498
DIVISION (G) OF THIS SECTION. The department of human services 17,499
(2) THE DIVISION OF CHILD SUPPORT shall adopt rules 17,501
governing access to, and use and disclosure of, THE information 17,503
concerning applicants for and recipients of Title IV-D support 17,505
enforcement program services provided by a child support
enforcement agency DESCRIBED IN DIVISION (F)(1) OF THIS SECTION. 17,507
The rules shall be consistent with the requirements of Title IV-D 17,508
of the "Social Security Act," 88 Stat. 2351 (1975), 42 U.S.C.
651, as amended, and any rules adopted under Title IV-D. 17,509
(G)(1) Except as provided in division (G)(2)(4) of this 17,512
section, the department of human services THE DIVISION OF CHILD
SUPPORT shall have access to any ALL OF THE FOLLOWING UNLESS 17,514
RELEASE OF THE INFORMATION IS PROHIBITED BY FEDERAL OR STATE LAW: 17,515
(a) ANY information in the possession of any officer, 17,517
board, commission, or agency ENTITY of the state OR ANY POLITICAL 17,520
423
SUBDIVISION OF THE STATE that would aid the department DIVISION 17,521
in locating an absent parent or child pursuant to division (D) of 17,523
this section, unless release of the information is prohibited by 17,524
federal law;
(b) ANY INFORMATION CONCERNING THE EMPLOYMENT, 17,526
COMPENSATION, AND BENEFITS OF ANY OBLIGOR OR OBLIGEE SUBJECT TO A 17,528
SUPPORT ORDER IN THE POSSESSION OF ANY PERSON;
(c) THE NAME AND ADDRESS OF ANY OBLIGOR OR OBLIGEE SUBJECT 17,531
TO A SUPPORT ORDER AND THE OBLIGOR'S OR OBLIGEE'S EMPLOYER IN THE 17,532
CUSTOMER RECORDS OF A PUBLIC UTILITY.
(2) The department of taxation, the bureau of motor 17,534
vehicles, and a law enforcement entity shall provide information 17,535
the division of child support requests from the department, 17,536
bureau, or entity that will enable the division to locate a 17,537
parent the division or a child support enforcement agency is 17,538
seeking pursuant to child support enforcement activities. The 17,539
department, bureau, PERSON or entity REQUIRED TO PROVIDE 17,540
INFORMATION PURSUANT TO DIVISION (G)(1) OF THIS SECTION, may 17,542
provide such information to a child support enforcement agency at 17,543
the agency's request or require the agency to request that the 17,544
division of child support request the information for the agency. 17,545
The division shall request the information from the department, 17,546
bureau, PERSON or entity on the request of a child support 17,548
enforcement agency.
The only information the department shall provide the 17,550
division or an agency under this section is the name and address 17,551
of a parent the division or agency is seeking. The information 17,552
the bureau or entity shall provide to the division or an agency 17,553
under this section is the information Title IV-D of the "Social 17,554
Security Act" requires the division or agency be able to receive. 17,555
The division or agency shall reimburse the department, 17,557
bureau, or entity for the cost of providing the information. If 17,559
the division requests the information for an agency, the agency 17,560
shall reimburse the division for reimbursing the department, 17,561
424
bureau, or entity.
(3) AN OFFICER OR ENTITY OF THE STATE OR POLITICAL 17,563
SUBDIVISION OF THE STATE OR ANY OTHER PERSON WHO PROVIDES 17,565
INFORMATION PURSUANT TO THIS DIVISION SHALL NOT BE SUBJECT TO 17,567
CRIMINAL OR CIVIL LIABILITY FOR PROVIDING THE INFORMATION. 17,568
(4)(a) THE DEPARTMENT OF TAXATION SHALL NOT PROVIDE ANY 17,571
INFORMATION TO THE DIVISION, EXCEPT AS PROVIDED IN DIVISION 17,572
(G)(4) OF THIS SECTION. FOR PURPOSES OF THE ESTABLISHMENT OF 17,573
PATERNITY, THE ESTABLISHMENT, MODIFICATION, OR ENFORCEMENT OF 17,574
SUPPORT ORDERS, AND THE LOCATION OF ABSENT PARENTS PURSUANT TO 17,575
CHILD SUPPORT ENFORCEMENT ACTIVITIES, THE DIVISION OF CHILD 17,576
SUPPORT IS AUTHORIZED TO HAVE ACCESS TO INFORMATION CONCERNING 17,577
THE RESIDENTIAL ADDRESS, EMPLOYER, INCOME, AND ASSETS OF 17,578
TAXPAYERS IF THAT INFORMATION IS CONTAINED IN THE STATE TAX 17,579
RECORDS MAINTAINED BY THE DEPARTMENT. THE DIVISION SHALL 17,580
REIMBURSE THE DEPARTMENT FOR THE COST OF ACCESS TO, AND
OBTAINMENT OF, THE INFORMATION DESCRIBED IN DIVISION (G)(4)(a) OF 17,582
THIS SECTION. THE DEPARTMENT OF TAXATION SHALL NOT PROVIDE ANY 17,583
INFORMATION TO THE DIVISION IF THE PROVISION OF THE INFORMATION 17,584
IS PROHIBITED BY STATE OR FEDERAL LAW. 17,585
(b) THE DEPARTMENT OF TAXATION OR ITS OFFICERS AND 17,587
EMPLOYEES SHALL NOT BE SUBJECT TO CRIMINAL OR CIVIL LIABILITY FOR 17,588
PROVIDING ACCESS TO THE INFORMATION DESCRIBED IN DIVISION 17,590
(G)(4)(a) OF THIS SECTION. THE INFORMATION OBTAINED PURSUANT TO 17,591
DIVISION (G)(4)(a) OF THIS SECTION IS SUBJECT TO THE 17,593
NONDISCLOSURE REQUIREMENTS OF DIVISION (F) OF THIS SECTION. 17,594
(5) NO PERSON OR ENTITY, OTHER THAN AN OFFICER OR ENTITY 17,597
OF THE STATE OR A POLITICAL SUBDIVISION OF THE STATE, SHALL FAIL 17,600
TO PROVIDE INFORMATION AS REQUIRED BY DIVISION (G)(1) OR (2) OF 17,601
THIS SECTION. A PERSON OR ENTITY THAT FAILS TO PROVIDE THE 17,603
INFORMATION MAY BE FINED FIVE HUNDRED DOLLARS. THE DEPARTMENT OF 17,604
HUMAN SERVICES SHALL FILE AN ACTION IN THE COURT OF COMMON PLEAS 17,605
OF FRANKLIN COUNTY, REQUESTING THAT THE COURT IMPOSE THE FINE FOR 17,607
FAILURE TO PROVIDE THE INFORMATION. IF THE COURT DETERMINES THAT 17,608
425
THE PERSON OR ENTITY FAILED TO PROVIDE THE INFORMATION, IT MAY 17,610
IMPOSE THE FINE. THE COURT SHALL DIRECT THAT THE FINE BE PAID TO 17,611
THE DEPARTMENT OF HUMAN SERVICES. 17,612
Sec. 5101.311. (A) If the division of child support in 17,622
the department of human services receives notification of the 17,623
issuance of a court or administrative support order from a child 17,624
support enforcement agency or a court pursuant to section 17,625
2301.351 of the Revised Code, the division shall enter the 17,626
notification in an alphabetical index of court and administrative 17,627
support orders it maintains under the last name of the person who 17,628
is required to make the support payments under the support order. 17,629
An entry in the index of support orders shall include the name of 17,630
the person required to make the support payments under the 17,631
support order, the address and the social security number or 17,632
other identification number provided for that person, whether a 17,633
child support enforcement agency is administering the support 17,634
order, and the county in which the court that issued the support 17,635
order is located. 17,636
(B) Any consumer reporting agency may contact the division 17,638
of child support and request information as to whether a 17,639
specified person is required to pay support under a court or 17,640
administrative support order. The request shall include the 17,641
person's name, the person's address and social security or other 17,642
identification number, if known, and any other identifying 17,643
information relative to the person that is known by the agency, 17,644
and shall be accompanied by the fee adopted by the director of 17,645
human services under division (C) of this section. Upon receipt 17,647
of the request and the payment of the fee, the division shall
review the index of support orders that CASE REGISTRY it 17,648
maintains PURSUANT TO SECTION 5101.319 OF THE REVISED CODE to 17,649
determine if an entry has been made in the name of the person IS 17,650
REQUIRED TO PAY SUPPORT UNDER A COURT OR ADMINISTRATIVE SUPPORT 17,651
ORDER.
If the division, upon conducting its review, determines 17,653
426
that an entry in the name of the person is included in the index 17,654
CASE REGISTRY, it shall provide the consumer reporting agency 17,656
with a report that sets forth the name of the person who is the 17,657
subject of the request, a statement that the person is required 17,658
to make support payments under one or more court or 17,659
administrative support orders, the name of the courts or child 17,660
support enforcement agencies that issued the support orders, the 17,661
counties in which those courts or agencies are located, and 17,662
whether any of the support orders is being administered by a 17,663
child support enforcement agency. 17,664
(C) The director of human services, by rule, shall 17,666
prescribe a reasonable fee that must be paid by a consumer 17,667
reporting agency upon the making of a request for information 17,668
under division (A) of this section. The fee prescribed under 17,669
this division shall not exceed the average actual cost 17,670
experienced by the division of child support in performing the 17,671
duties imposed upon it by this section. 17,672
(D)(B) As used in this section, "consumer reporting 17,674
agency" means any person that, for monetary fees, dues, or on a 17,675
cooperative nonprofit basis, regularly engages in whole or in 17,676
part in the practice of assembling or evaluating consumer credit 17,677
information or other information on consumers for the purpose of 17,678
furnishing consumer reports to third parties and that uses any 17,679
means or facility of interstate commerce for the purpose of 17,680
preparing or furnishing consumer reports. 17,681
Sec. 5101.312. (A) As used in this section: 17,690
(1) "Child support SUPPORT order" has the same meaning as 17,692
in section 2301.373 2301.34 of the Revised Code. 17,693
(2) "EMPLOYEE" DOES NOT INCLUDE AN INDIVIDUAL PERFORMING 17,695
INTELLIGENCE OR COUNTERINTELLIGENCE FUNCTIONS FOR A STATE AGENCY, 17,697
IF THE HEAD OF THE AGENCY HAS DETERMINED THAT REPORTING PURSUANT 17,698
TO THIS SECTION COULD ENDANGER THE SAFETY OF THE EMPLOYEE OR 17,699
COMPROMISE AN ONGOING INVESTIGATION OR INTELLIGENCE MISSION. 17,700
(3) "Employer" means any employer with twenty-five or more 17,702
427
employees, except "employer" also means an employer with fewer 17,703
than twenty-five employees if the employer's business is one of 17,704
the following: 17,705
(a) Eating and drinking place; 17,707
(b) General building contractor; 17,709
(c) Construction--special trade contractor; 17,711
(d) Motor freight transportation and warehousing; 17,713
(e) Automotive dealer or gasoline service station; 17,715
(f) Automotive repair, services, and parking. 17,717
(3) ANY PERSON OR GOVERNMENTAL ENTITY OTHER THAN THE 17,719
FEDERAL GOVERNMENT FOR WHICH AN INDIVIDUAL PERFORMS ANY SERVICE, 17,720
OF WHATEVER NATURE, AS THE EMPLOYEE OF SUCH PERSON, EXCEPT THAT: 17,722
(a) IF THE PERSON FOR WHOM THE INDIVIDUAL PERFORMS 17,724
SERVICES DOES NOT HAVE CONTROL OF THE PAYMENT OF COMPENSATION FOR 17,726
THE SERVICES, "EMPLOYER" MEANS THE PERSON HAVING CONTROL OF THE 17,727
PAYMENT OF THE COMPENSATION;
(b) IN THE CASE OF A PERSON PAYING COMPENSATION ON BEHALF 17,729
OF A NONRESIDENT ALIEN INDIVIDUAL, FOREIGN PARTNERSHIP, OR 17,730
FOREIGN CORPORATION NOT ENGAGED IN TRADE OR BUSINESS WITHIN THE 17,731
UNITED STATES, "EMPLOYER" MEANS THE PERSON PAYING THE 17,732
COMPENSATION.
(4) "Obligor" means a person required to pay support under 17,734
a child support order. 17,736
(B) Effective January 1, 1996, an (1) EXCEPT AS PROVIDED 17,738
IN DIVISION (B)(2) OF THIS SECTION, EVERY employer shall report 17,740
in writing to the department of human services the hiring, 17,742
rehiring, or return to work as an employee of a person who 17,743
resides, works, or will be assigned to work in this state to whom 17,744
the employer anticipates paying compensation.
(2) AN EMPLOYER THAT HAS EMPLOYEES IN TWO OR MORE STATES 17,747
AND THAT TRANSMITS REPORTS MAGNETICALLY OR ELECTRONICALLY MAY 17,748
MAKE THE REPORT REQUIRED BY THIS SECTION TO ANOTHER STATE IF THE 17,749
EMPLOYER DOES BOTH OF THE FOLLOWING:
(a) NOTIFIES THE OHIO DEPARTMENT OF HUMAN SERVICES AND THE 17,752
428
UNITED STATES SECRETARY OF HEALTH AND HUMAN SERVICES IN WRITING 17,754
THAT THE EMPLOYER HAS DESIGNATED ANOTHER STATE AS THE STATE TO
WHICH THE EMPLOYER WILL TRANSMIT THE REPORT; 17,756
(b) TRANSMITS THE REPORT TO THAT STATE IN COMPLIANCE WITH 17,759
FEDERAL LAW.
(C) An employer shall include all of the following in each 17,761
report: 17,762
(1) The employee's name, address, and DATE OF BIRTH, 17,764
social security number, AND DATE OF HIRE, REHIRE, OR RETURN TO 17,765
WORK; 17,766
(2) The employer's name, address, and identification 17,768
number.
(D) An employer may make a report by submitting a copy of 17,770
the United States internal revenue service form W-4 (employee's 17,772
withholding allowance certificate) for the employee, a form
provided by the department, or any other hiring document or data 17,773
storage device or mechanism the department authorizes. An 17,774
employer may make the report by mail, fax, MAGNETIC OR ELECTRONIC 17,775
MEANS, or other means the department authorizes. If an employer 17,776
makes a report by mail, the date of making the report is the 17,777
postmark date if the report is mailed in the United States with 17,778
first class postage and is addressed as the department 17,779
authorizes. An employer shall make the report not later than 17,780
thirty TWENTY days after the date on which the employer hires or 17,782
rehires an employee or the employee returns to work. 17,783
(E)(1) THE DEPARTMENT SHALL, WITHIN FIVE DAYS OF RECEIPT 17,786
FROM AN EMPLOYER, ENTER THE INFORMATION DESCRIBED IN DIVISION (C) 17,787
OF THIS SECTION INTO A DIRECTORY, WHICH SHALL BE PART OF OR 17,788
ACCESSIBLE TO THE AUTOMATED DATA PROCESSING SYSTEM REQUIRED 17,789
PURSUANT TO SECTION 5101.322 OF THE REVISED CODE. 17,792
(2) THE DEPARTMENT SHALL MAKE COMPARISONS OF THE SOCIAL 17,795
SECURITY NUMBERS OBTAINED PURSUANT TO THIS SECTION AND THE SOCIAL 17,796
SECURITY NUMBERS APPEARING IN THE REGISTRY MAINTAINED PURSUANT TO 17,797
SECTION 5101.319 OF THE REVISED CODE.
429
(3) WITHIN TWO BUSINESS DAYS AFTER INFORMATION IS ENTERED 17,799
INTO THE DIRECTORY PURSUANT TO THIS DIVISION, IF THE COMPARISON 17,800
CONDUCTED BY THE DEPARTMENT PURSUANT TO DIVISION (E)(2) OF THIS 17,802
SECTION RESULTS IN A MATCH THE DEPARTMENT SHALL NOTIFY THE CHILD 17,804
SUPPORT ENFORCEMENT AGENCY ADMINISTERING THE SUPPORT ORDER. ON
RECEIPT OF THE NOTICE THE AGENCY SHALL SEND A NOTICE TO THE 17,806
EMPLOYER PURSUANT TO DIVISION (B) OF SECTION 3111.23 OR DIVISION 17,807
(D) OF SECTION 3113.21 OF THE REVISED CODE, UNLESS THE EMPLOYEE'S 17,810
INCOME IS NOT SUBJECT TO WITHHOLDING, AND SHALL TAKE ANY OTHER 17,811
APPROPRIATE ACTION UNDER SECTIONS 3111.20 TO 3111.28 AND 3113.21 17,812
TO 3113.219 OF THE REVISED CODE. 17,814
(4)(a) WITHIN THREE BUSINESS DAYS AFTER INFORMATION IS 17,816
ENTERED INTO THE DIRECTORY PURSUANT TO THIS DIVISION, THE 17,817
DEPARTMENT SHALL FURNISH THE INFORMATION TO THE NATIONAL 17,818
DIRECTORY OF NEW HIRES. 17,819
(b) THE BUREAU OF EMPLOYMENT SERVICES SHALL FURNISH TO THE 17,822
NATIONAL DIRECTORY OF NEW HIRES ON A QUARTERLY BASIS SUCH 17,823
INFORMATION CONTAINED IN THE RECORDS OF THE BUREAU OF EMPLOYMENT 17,824
SERVICES AS IS REQUIRED BY STATE AND FEDERAL LAW. 17,825
(F) The department shall use the reports it receives 17,827
pursuant to this section to locate obligors under child 17,828
INDIVIDUALS FOR THE PURPOSES OF ESTABLISHING PATERNITY; 17,829
ESTABLISHING, MODIFYING, AND ENFORCING support orders being 17,830
administered by child support enforcement agencies in this state; 17,831
and to detect fraud in any program administered by the 17,833
department. The DEPARTMENT SHALL ADOPT RULES IN ACCORDANCE WITH 17,834
CHAPTER 119. OF THE REVISED CODE TO IMPLEMENT THIS SECTION. 17,835
THE REPORTS SHALL NOT BE CONSIDERED PUBLIC RECORDS FOR 17,837
PURPOSES OF SECTION 149.43 OF THE REVISED CODE, AND THE 17,840
DEPARTMENT MAY ADOPT RULES UNDER SECTION 5101.31 OF THE REVISED 17,843
CODE GOVERNING ACCESS TO, AND USE AND DISCLOSURE OF, INFORMATION 17,844
CONTAINED IN THE REPORTS. THE DEPARTMENT MAY DISCLOSE 17,845
INFORMATION IN THE REPORTS TO ANY AGENT OF THE DEPARTMENT OR 17,846
CHILD SUPPORT ENFORCEMENT AGENCY THAT IS UNDER CONTRACT WITH THE 17,847
430
DEPARTMENT FOR THE PURPOSES LISTED IN THIS DIVISION. THE 17,848
department may submit to the bureau of workers' compensation or 17,849
the bureau of employment services a copy of any report it 17,850
receives from an employer pursuant to this section. The
department shall adopt rules in accordance with Chapter 119. of 17,851
the Revised Code to implement this section. In adopting the 17,852
rules, the department shall work with the bureau of employment 17,854
services for the purpose of identifying the industries listed in 17,855
division (A)(2) of this section by using the Standard Industrial 17,856
Classification codes established in the standard industrial 17,857
classification manual, 1987, published by the executive office of 17,858
the president, office of management and budget.
(F)(G) An employer who fails to make a report required by 17,860
this section shall be required by the department of human 17,861
services to pay a fee of LESS THAN twenty-five dollars for each 17,862
failure to make a report.
IF THE FAILURE TO MAKE A REPORT IS THE RESULT OF A 17,864
CONSPIRACY BETWEEN THE EMPLOYER AND THE EMPLOYEE NOT TO SUPPLY 17,865
THE REPORT OR TO SUPPLY A FALSE OR INCOMPLETE REPORT, THE 17,866
DEPARTMENT OF HUMAN SERVICES SHALL REQUIRE THE EMPLOYER TO PAY A 17,867
FEE OF LESS THAN FIVE HUNDRED DOLLARS FOR EACH SUCH FAILURE. 17,868
Sec. 2105.18 5101.314. (A)(1) The natural father, natural 17,880
mother, or other custodian or guardian of a child, a child
support enforcement agency PURSUANT TO SECTION 3111.21 OF THE 17,881
REVISED CODE, A LOCAL REGISTRAR OF VITAL STATISTICS PURSUANT TO 17,882
SECTION 3705.091 OF THE REVISED CODE, or a hospital staff person 17,883
pursuant to section 3727.17 of the Revised Code, in person or by 17,884
mail, may file an acknowledgment of paternity in the probate 17,885
court of the county in which the natural father, natural mother, 17,886
or other guardian or custodian of the child resides, in the 17,887
county in which the child resides, or the county in which the 17,888
child was born WITH THE DIVISION OF CHILD SUPPORT IN THE 17,889
DEPARTMENT OF HUMAN SERVICES, acknowledging that the child is the 17,890
child of the natural father who signed the acknowledgment. The 17,891
431
acknowledgment of paternity shall state that the natural father 17,892
who signs the acknowledgment of paternity acknowledges that he is 17,893
the natural father of the named child and that he assumes the
parental duty of support of that child. The acknowledgment of 17,895
paternity BE MADE ON THE AFFIDAVIT PREPARED PURSUANT TO SECTION 17,896
5101.324 OF THE REVISED CODE, shall be signed by the natural 17,897
father and the natural mother in the presence of two competent 17,898
and disinterested witnesses who are eighteen years of age or 17,899
older and by the two witnesses. If an acknowledgment of 17,900
paternity is completed and filed in accordance with this section 17,901
and if the acknowledgment is accompanied by the appropriate fee 17,902
prescribed in section 2101.16 of the Revised Code, the probate 17,903
court shall enter the acknowledgment upon its journal. 17,904
Thereafter, AND EACH SIGNATURE SHALL BE NOTARIZED. THE NATURAL 17,905
FATHER AND MOTHER MAY SIGN AND HAVE THE SIGNATURE NOTARIZED 17,906
OUTSIDE OF EACH OTHER'S PRESENCE. AN ACKNOWLEDGMENT SHALL BE 17,909
SENT TO THE DIVISION NO LATER THAN TEN DAYS AFTER IT HAS BEEN 17,910
SIGNED AND NOTARIZED. IF A PERSON KNOWS A MAN IS PRESUMED UNDER 17,911
SECTION 3111.03 OF THE REVISED CODE TO BE THE FATHER OF THE CHILD 17,912
DESCRIBED IN THIS SECTION, THE PERSON SHALL NOT NOTARIZE OR FILE 17,913
AN ACKNOWLEDGMENT WITH RESPECT TO THE CHILD PURSUANT TO THIS 17,914
SECTION.
(2)(a) ON THE FILING OF AN ACKNOWLEDGMENT PURSUANT TO 17,916
DIVISION (A)(1) OF THIS SECTION, THE DIVISION SHALL EXAMINE THE 17,919
ACKNOWLEDGMENT TO DETERMINE WHETHER IT IS COMPLETED CORRECTLY. 17,920
THE DIVISION SHALL MAKE THE EXAMINATION NO LATER THAN FIVE DAYS 17,921
AFTER THE ACKNOWLEDGMENT IS FILED. IF THE ACKNOWLEDGMENT IS 17,922
COMPLETED CORRECTLY, THE DIVISION SHALL COMPLY WITH DIVISION 17,924
(A)(2)(b) OF THIS SECTION. IF THE ACKNOWLEDGMENT IS NOT 17,925
COMPLETED CORRECTLY, THE DIVISION SHALL RETURN IT TO THE PERSON 17,926
OR ENTITY THAT FILED IT. THE PERSON OR ENTITY SHALL HAVE TEN 17,927
DAYS FROM THE DATE THE DIVISION SENDS THE ACKNOWLEDGMENT BACK TO 17,928
CORRECT IT AND RETURN IT TO THE DIVISION. THE DIVISION SHALL 17,929
SEND, ALONG WITH THE ACKNOWLEDGMENT, A NOTICE STATING WHAT NEEDS 17,930
432
TO BE CORRECTED AND THE AMOUNT OF TIME THE PERSON OR ENTITY HAS 17,931
TO MAKE THE CORRECTIONS AND RETURN THE ACKNOWLEDGMENT TO THE 17,932
DIVISION.
IF THE PERSON OR ENTITY RETURNS THE ACKNOWLEDGMENT IN A 17,934
TIMELY MANNER, THE DIVISION SHALL EXAMINE THE ACKNOWLEDGMENT 17,935
AGAIN TO DETERMINE WHETHER IT HAS BEEN CORRECTLY COMPLETED. IF 17,936
THE ACKNOWLEDGMENT HAS BEEN CORRECTLY COMPLETED, THE DIVISION 17,937
SHALL COMPLY WITH DIVISION (A)(2)(b) OF THIS SECTION. IF THE 17,939
ACKNOWLEDGMENT HAS NOT BEEN CORRECTLY COMPLETED THE SECOND TIME 17,940
OR IF THE ACKNOWLEDGMENT IS NOT RETURNED TO THE DIVISION IN A 17,941
TIMELY MANNER, THE ACKNOWLEDGMENT IS INVALID AND THE DIVISION 17,942
SHALL RETURN IT TO THE PERSON OR ENTITY AND SHALL NOT ENTER IT 17,943
INTO THE BIRTH REGISTRY. IF THE DIVISION RETURNS AN 17,944
ACKNOWLEDGMENT THE SECOND TIME, IT SHALL SEND A NOTICE TO THE
PERSON OR ENTITY STATING THE ERRORS IN THE ACKNOWLEDGMENT AND 17,945
THAT THE ACKNOWLEDGMENT IS INVALID. 17,946
(b) IF THE DIVISION DETERMINES AN ACKNOWLEDGMENT IS 17,948
CORRECTLY COMPLETED, THE DIVISION SHALL ENTER THE INFORMATION ON 17,950
THE ACKNOWLEDGMENT INTO THE BIRTH REGISTRY PURSUANT TO DIVISION 17,952
(D) OF THIS SECTION. AFTER ENTERING THE INFORMATION IN THE 17,953
REGISTRY, THE DIVISION SHALL SEND THE ACKNOWLEDGMENT TO THE 17,954
DEPARTMENT OF HEALTH FOR STORAGE PURSUANT TO SECTION 3705.091 OF 17,955
THE REVISED CODE. THE DIVISION MAY REQUEST THAT THE DEPARTMENT 17,958
OF HEALTH SEND BACK TO THE DIVISION ANY ACKNOWLEDGMENT THAT IS 17,959
BEING STORED BY THE DEPARTMENT OF HEALTH PURSUANT TO THAT 17,960
SECTION.
(3) AN ACKNOWLEDGMENT OF PATERNITY IS FINAL AND 17,962
ENFORCEABLE WITHOUT RATIFICATION BY A COURT WHEN EITHER OF THE 17,963
FOLLOWING HAS OCCURRED:
(a) THE ACKNOWLEDGMENT HAS BECOME FINAL PURSUANT TO 17,965
SECTION 2151.232 OR 3111.211 OF THE REVISED CODE. 17,966
(b) THE ACKNOWLEDGMENT HAS BEEN FILED PURSUANT TO DIVISION 17,969
(A)(1) OF THIS SECTION, THE INFORMATION ON THE ACKNOWLEDGMENT HAS 17,971
BEEN ENTERED IN THE BIRTH REGISTRY PURSUANT TO DIVISION (D) OF 17,972
433
THIS SECTION, THE ACKNOWLEDGMENT HAS NOT BEEN RESCINDED PURSUANT 17,973
TO DIVISION (B) OF THIS SECTION, AND MORE THAN SIXTY DAYS HAVE 17,974
ELAPSED SINCE THE DATE OF THE LAST SIGNATURE ON THE 17,975
ACKNOWLEDGMENT.
THEREAFTER, the child is the child of the man who signed 17,979
the acknowledgment of paternity, as though born to him in lawful 17,980
wedlock, and, if the mother is unmarried, the man who signed the 17,981
acknowledgment of paternity, the parents of the man who signed 17,982
the acknowledgment of paternity, any relative of the man who 17,983
signed the acknowledgment of paternity, the parents of the 17,984
mother, and any relative of the mother may file a complaint
pursuant to section 3109.12 of the Revised Code requesting the 17,985
granting under that section of reasonable companionship or 17,986
visitation rights with respect to the child. 17,987
(B) After a probate court enters an acknowledgment upon 17,989
its journal pursuant to division (A) of this section, the man who 17,991
signed the acknowledgment of paternity is the father of the child
and assumes the parental duty of support. Notwithstanding 17,992
section 3109.01 of the Revised Code, the parental duty of support 17,993
of the father to the child shall continue beyond the age of 17,994
majority as long as the child attends on a full-time basis any 17,995
recognized and accredited high school. The duty of support of 17,996
the father shall continue during seasonal vacation periods. 17,997
After the probate court enters the acknowledgment upon its 17,998
journal, the 17,999
(4) ONCE THE ACKNOWLEDGMENT BECOMES FINAL PURSUANT TO THIS 18,002
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 18,004
ASSUMES THE PARENTAL DUTY OF SUPPORT. NOTWITHSTANDING SECTION 18,005
3109.01 OF THE REVISED CODE, THE PARENTAL DUTY OF SUPPORT OF THE 18,007
FATHER TO THE CHILD SHALL CONTINUE BEYOND THE AGE OF MAJORITY AS 18,008
LONG AS THE CHILD ATTENDS ON A FULL-TIME BASIS ANY RECOGNIZED AND 18,009
ACCREDITED HIGH SCHOOL OR A CHILD SUPPORT ORDER PROVIDES THAT THE 18,011
434
DUTY OF SUPPORT CONTINUES BEYOND THE AGE OF MAJORITY. EXCEPT IN 18,012
CASES IN WHICH A CHILD SUPPORT ORDER PROVIDES THAT THE DUTY OF 18,014
SUPPORT CONTINUES FOR ANY PERIOD AFTER THE CHILD REACHES NINETEEN 18,015
YEARS OF AGE, THE ORDER SHALL NOT REMAIN IN EFFECT AFTER THE 18,016
CHILD REACHES NINETEEN YEARS OF AGE.
(b) THE mother or other custodian or guardian of the child 18,018
may file a complaint pursuant to section 2151.231 of the Revised 18,019
Code in the court of common pleas of the county in which the 18,020
child or the guardian or legal custodian of the child resides 18,021
requesting the court to order the father to pay an amount for the 18,022
support of the child, may contact the child support enforcement 18,023
agency for assistance in obtaining the order, or may request an 18,024
administrative officer of a child support enforcement agency to 18,025
issue an administrative order for the payment of child support 18,026
pursuant to division (D) of section 3111.20 of the Revised Code. 18,027
(c) THE DIVISION SHALL NOTIFY THE DEPARTMENT OF HEALTH OF 18,030
THE ACKNOWLEDGMENT. IF THE ORIGINAL BIRTH RECORD IS INCONSISTENT
WITH THE ACKNOWLEDGMENT THAT HAS BECOME FINAL, ON RECEIPT OF THE 18,031
NOTICE, THE DEPARTMENT OF HEALTH SHALL, IN ACCORDANCE WITH 18,033
SECTION 3705.09 OF THE REVISED CODE, PREPARE A NEW BIRTH RECORD
CONSISTENT WITH THE ACKNOWLEDGMENT THAT HAS BECOME FINAL AND 18,034
SUBSTITUTE THE NEW RECORD FOR THE ORIGINAL BIRTH RECORD. 18,035
(B)(1) NO LATER THAN SIXTY DAYS AFTER THE DATE OF THE 18,038
LATEST SIGNATURE ON AN ACKNOWLEDGMENT OF PATERNITY FILED WITH THE 18,039
DIVISION PURSUANT TO DIVISION (A) OF THIS SECTION, EITHER PERSON 18,041
WHO SIGNED THE ACKNOWLEDGMENT MAY RESCIND IT BY DOING BOTH OF THE 18,042
FOLLOWING:
(a) REQUESTING A DETERMINATION OF THE EXISTENCE OR 18,045
NONEXISTENCE OF A PARENT AND CHILD RELATIONSHIP PURSUANT TO 18,046
SECTION 3111.22 OF THE REVISED CODE WITH RESPECT TO THE CHILD WHO 18,048
IS THE SUBJECT OF THE ACKNOWLEDGMENT.
(b) NOTIFYING THE DIVISION IN WRITING THAT THE PARTY HAS 18,051
COMPLIED WITH THE REQUIREMENTS OF DIVISION (B)(1)(a) OF THIS 18,053
SECTION AND THE NAME OF THE CHILD SUPPORT ENFORCEMENT AGENCY 18,054
435
CONDUCTING THE GENETIC TESTS. 18,055
ON THE SAME DAY THAT THE DIVISION RECEIVES THE NOTICE 18,057
DESCRIBED IN DIVISION (B)(1)(b) OF THIS SECTION, IT SHALL CONTACT 18,059
THE AGENCY INDICATED IN THE NOTICE TO VERIFY THAT THE PARTY 18,060
SENDING THE NOTICE HAS COMPLIED WITH THE REQUIREMENTS OF DIVISION 18,061
(B)(1)(a) OF THIS SECTION. IF THE DIVISION VERIFIES COMPLIANCE 18,063
WITH DIVISION (B)(1)(a) OF THIS SECTION AND THE NOTICE UNDER 18,065
DIVISION (B)(1)(b) OF THIS SECTION WAS SENT WITHIN THE TIME LIMIT 18,066
REQUIRED BY THIS DIVISION, THE RECISION OF THE ACKNOWLEDGMENT 18,067
SHALL BE EFFECTIVE AS OF THE DATE THE DIVISION RECEIVED THE 18,068
NOTICE. IF THE DIVISION IS UNABLE TO VERIFY THAT THE REQUIREMENT 18,069
OF DIVISION (B)(1)(a) OF THIS SECTION HAS BEEN MET, THE 18,071
ACKNOWLEDGMENT SHALL NOT BE RESCINDED.
(2) AFTER AN ACKNOWLEDGMENT BECOMES FINAL PURSUANT TO THIS 18,073
SECTION OR SECTION 2151.232 OR 3111.211 OF THE REVISED CODE, A 18,074
MAN PRESUMED TO BE THE FATHER OF THE CHILD PURSUANT TO SECTION 18,075
3111.03 OF THE REVISED CODE WHO DID NOT SIGN THE ACKNOWLEDGMENT,
EITHER PERSON WHO SIGNED THE ACKNOWLEDGMENT, OR A GUARDIAN OR 18,076
LEGAL CUSTODIAN OF THE CHILD MAY BRING AN ACTION TO RESCIND THE 18,077
ACKNOWLEDGMENT ON THE BASIS OF FRAUD, DURESS, OR MATERIAL MISTAKE 18,079
OF FACT. THE COURT SHALL TREAT THE ACTION AS AN ACTION TO 18,080
DETERMINE THE EXISTENCE OR NONEXISTENCE OF A PARENT AND CHILD 18,081
RELATIONSHIP PURSUANT TO SECTIONS 3111.01 TO 3111.19 OF THE 18,082
REVISED CODE. AN ACTION PURSUANT TO DIVISION (B)(2) OF THIS 18,083
SECTION SHALL BE BROUGHT NO LATER THAN ONE YEAR AFTER THE 18,084
ACKNOWLEDGMENT BECOMES FINAL. THE ACTION MAY BE BROUGHT IN ONE 18,085
OF THE FOLLOWING COURTS IN THE COUNTY IN WHICH THE CHILD, THE 18,086
GUARDIAN OR CUSTODIAN OF THE CHILD, OR EITHER PERSON WHO SIGNED 18,087
THE ACKNOWLEDGMENT RESIDES:
(a) THE JUVENILE COURT; 18,089
(b) THE DOMESTIC RELATIONS DIVISION OF THE COURT OF COMMON 18,092
PLEAS THAT HAS JURISDICTION PURSUANT TO SECTION 2301.03 OF THE 18,093
REVISED CODE TO HEAR AND DETERMINE CASES ARISING UNDER CHAPTER 18,094
3111. OF THE REVISED CODE. 18,095
436
(C) A COURT OR CHILD SUPPORT ENFORCEMENT AGENCY, WHICHEVER 18,098
IS APPLICABLE, SHALL FILE THE FOLLOWING WITH THE DIVISION: 18,099
(1) AN ORDER ISSUED PURSUANT TO SECTION 3111.13 OF THE 18,102
REVISED CODE ON OR AFTER THE EFFECTIVE DATE OF THIS AMENDMENT. 18,103
(2) AN ORDER ISSUED PURSUANT TO SECTION 3111.22 OF THE 18,106
REVISED CODE ON OR AFTER THE EFFECTIVE DATE OF THIS AMENDMENT
THAT HAS BECOME FINAL AND ENFORCEABLE. 18,107
ON THE FILING OF AN ORDER PURSUANT TO DIVISION (C) OF THIS 18,110
SECTION, THE DIVISION SHALL ENTER THE INFORMATION ON THE ORDER IN 18,112
THE BIRTH REGISTRY PURSUANT TO DIVISION (D) OF THIS SECTION. 18,113
(D)(1) THE DIVISION OF CHILD SUPPORT IN THE DEPARTMENT OF 18,116
HUMAN SERVICES SHALL ESTABLISH AND MAINTAIN A BIRTH REGISTRY THAT 18,117
SHALL CONTAIN ALL OF THE FOLLOWING INFORMATION CONTAINED IN 18,118
ORDERS DETERMINING THE EXISTENCE OF A PARENT AND CHILD 18,119
RELATIONSHIP AND ACKNOWLEDGMENTS OF PATERNITY REQUIRED TO BE 18,120
FILED WITH THE DIVISION PURSUANT TO DIVISION (A) OR (C) OF THIS 18,122
SECTION:
(a) THE NAMES OF THE PARENTS OF THE CHILD SUBJECT TO THE 18,125
ORDER OR ACKNOWLEDGMENT;
(b) THE NAME OF THE CHILD; 18,127
(c) THE RESIDENT ADDRESS OF EACH PARENT AND EACH PARENT'S 18,130
SOCIAL SECURITY NUMBER.
(2) THE REGISTRY ESTABLISHED PURSUANT TO THIS SECTION 18,132
SHALL BE MAINTAINED AS PART OF AND BE ACCESSIBLE THROUGH THE 18,133
AUTOMATED SYSTEM CREATED PURSUANT TO SECTION 5101.322 OF THE 18,135
REVISED CODE. THE DIVISION SHALL MAKE COMPARISONS OF THE
INFORMATION IN THE REGISTRY WITH THE INFORMATION MAINTAINED BY 18,136
THE DEPARTMENT OF HUMAN SERVICES PURSUANT TO SECTIONS 5101.312 18,137
AND 5101.313 OF THE REVISED CODE. THE DEPARTMENT SHALL MAKE THE 18,140
COMPARISONS IN THE MANNER AND IN THE TIME INTERVALS REQUIRED BY 18,141
THE RULES ADOPTED PURSUANT TO DIVISION (E) OF THIS SECTION. 18,142
(E) THE DEPARTMENT OF HUMAN SERVICES SHALL ADOPT RULES 18,145
PURSUANT TO CHAPTER 119. OF THE REVISED CODE TO IMPLEMENT THE 18,148
REQUIREMENTS OF THIS SECTION THAT ARE CONSISTENT WITH TITLE IV-D 18,150
437
OF THE "SOCIAL SECURITY ACT," AS AMENDED BY THE "PERSONAL 18,152
RESPONSIBILITY AND WORK OPPORTUNITY RECONCILIATION ACT OF 1996," 18,154
110 STAT. 2105., 42 U.S.C. 651 ET SEQ. 18,155
(F) AS USED IN THIS SECTION, "BIRTH RECORD" HAS THE SAME 18,157
MEANING AS IN SECTION 3705.01 OF THE REVISED CODE. 18,158
Sec. 5101.315. (A) AS USED IN THIS SECTION: 18,160
(1) "FINANCIAL INSTITUTION," "OBLIGOR," AND "OBLIGEE" HAVE 18,163
THE SAME MEANINGS AS IN SECTION 3113.21 OF THE REVISED CODE. 18,165
(2) "SUPPORT ORDER" HAS THE SAME MEANING AS IN SECTION 18,168
2301.34 OF THE REVISED CODE. 18,169
(B) THE DIVISION OF CHILD SUPPORT IN THE DEPARTMENT OF 18,171
HUMAN SERVICES SHALL ENTER INTO AN AGREEMENT WITH AT LEAST ONE 18,173
FINANCIAL INSTITUTION DOING BUSINESS IN THIS STATE. THE 18,174
AGREEMENT SHALL PROVIDE THE DIVISION ACCESS TO ACCOUNT 18,175
INFORMATION SPECIFIED IN THIS SECTION FOR THE PURPOSES OF 18,176
ESTABLISHING, MODIFYING, OR ENFORCING SUPPORT ORDERS. THE 18,177
AGREEMENT SHALL SPECIFY THE MANNER IN WHICH THE INFORMATION IS TO 18,178
BE PROVIDED AND SHALL REQUIRE THAT THE DIVISION BE AFFORDED 18,179
ACCESS TO THE FOLLOWING INFORMATION EACH CALENDAR QUARTER 18,180
CONCERNING ALL OBLIGORS IN DEFAULT UNDER SUPPORT ORDERS BEING 18,181
ADMINISTERED BY CHILD SUPPORT ENFORCEMENT AGENCIES IN THIS STATE 18,182
WHO MAINTAIN AN ACCOUNT WITH THE FINANCIAL INSTITUTION: 18,183
(1) THE OBLIGOR'S NAME; 18,185
(2) THE OBLIGOR'S ADDRESS; 18,187
(3) THE OBLIGOR'S SOCIAL SECURITY NUMBER OR TAXPAYER 18,189
IDENTIFICATION NUMBER; 18,190
(4) THE TYPE OF ACCOUNT MAINTAINED BY THE OBLIGOR, SUCH AS 18,192
A SAVINGS, CHECKING, OR MONEY MARKET MUTUAL FUND ACCOUNT; 18,193
(5) WHETHER ANOTHER PERSON HAS AN OWNERSHIP INTEREST IN THE 18,196
ACCOUNT, INCLUDING A LIST OF ALL PERSONS HAVING AN OWNERSHIP
INTEREST IN THE ACCOUNT AS REFLECTED ON THE SIGNATURE CARD OR 18,197
SIMILAR DOCUMENT ON FILE WITH THE FINANCIAL INSTITUTION; 18,198
(6) ANY OTHER INFORMATION AGREED TO BY THE PARTIES. 18,200
(C) A FINANCIAL INSTITUTION THAT RESPONDS TO A REQUEST OR 18,203
438
PROVIDES INFORMATION TO THE DIVISION PURSUANT TO AN AGREEMENT 18,205
ENTERED INTO UNDER THIS SECTION SHALL BE REIMBURSED FOR THE
ACTUAL, REASONABLE COSTS INCURRED IN RESPONDING TO THE REQUEST OR 18,207
PROVIDING THE INFORMATION, INCLUDING SALARIES, BENEFITS, 18,208
EQUIPMENT, COMPUTER SOFTWARE, AND ANY MODIFICATIONS TO PROCESSING 18,209
OR RECORD-KEEPING SYSTEMS MADE NECESSARY BY THIS SECTION. 18,210
(D) INFORMATION OBTAINED FROM A FINANCIAL INSTITUTION 18,213
PURSUANT TO AN AGREEMENT ENTERED INTO UNDER DIVISION (B) OF THIS 18,214
SECTION IS NOT A PUBLIC RECORD FOR THE PURPOSES OF SECTION 149.43 18,216
OF THE REVISED CODE. NO PERSON OR GOVERNMENT ENTITY THAT OBTAINS 18,218
INFORMATION CONCERNING AN ACCOUNT HOLDER FROM A FINANCIAL 18,219
INSTITUTION PURSUANT TO AN AGREEMENT UNDER DIVISION (B) OF THIS 18,220
SECTION SHALL DISCLOSE THE INFORMATION FOR PURPOSES OTHER THAN 18,221
THE ESTABLISHMENT, MODIFICATION, OR ENFORCEMENT OF A SUPPORT 18,222
ORDER.
(E) FINANCIAL INSTITUTIONS OR THEIR OFFICERS, DIRECTORS, 18,226
AND EMPLOYEES SHALL NOT BE SUBJECT TO CRIMINAL OR CIVIL LIABILITY 18,227
FOR DISCLOSING OR RELEASING INFORMATION CONCERNING AN ACCOUNT 18,228
HOLDER TO THE DIVISION PURSUANT TO AN AGREEMENT ENTERED INTO 18,229
UNDER DIVISION (B) OF THIS SECTION, OR FOR ANY OTHER ACTION TAKEN 18,231
IN GOOD FAITH TO COMPLY WITH SUCH AN AGREEMENT, REGARDLESS OF 18,232
WHETHER SUCH ACTION WAS SPECIFICALLY AUTHORIZED OR DESCRIBED IN 18,233
THE AGREEMENT.
(F) THE DEPARTMENT OF HUMAN SERVICES SHALL ADOPT RULES 18,236
PURSUANT TO CHAPTER 119. OF THE REVISED CODE THAT DO THE 18,239
FOLLOWING:
(1) GOVERN THE PROVISIONS OF AN AGREEMENT REQUIRED 18,241
PURSUANT TO THIS SECTION AND THE PROCEDURE FOR ENTERING INTO SUCH 18,243
AN AGREEMENT;
(2) GOVERN REIMBURSEMENTS UNDER DIVISION (C) OF THIS 18,245
SECTION.
Sec. 5101.316. THE DEPARTMENT OF HUMAN SERVICES MAY ENTER 18,247
INTO AN AGREEMENT WITH A FOREIGN COUNTRY FOR THE ESTABLISHMENT OF 18,248
AND ENFORCEMENT OF SUPPORT ORDERS ISSUED UNDER THE LAWS OF THAT 18,249
439
COUNTRY IF THAT COUNTRY, AS PART OF THE AGREEMENT, AGREES TO 18,250
ENFORCE SUPPORT ORDERS ISSUED UNDER THE LAWS OF THIS STATE. THE 18,251
DEPARTMENT MUST PROVIDE SERVICES UNDER THE PROGRAM OF SUPPORT 18,252
ENFORCEMENT ESTABLISHED PURSUANT TO THIS SECTION TO A FOREIGN 18,253
COUNTRY WITH WHICH THE DEPARTMENT HAS AN AGREEMENT UNDER THIS 18,255
SECTION AND TO A FOREIGN COUNTRY DECLARED TO BE A FOREIGN
RECIPROCATING COUNTRY UNDER SECTION 459A OF THE "SOCIAL SECURITY 18,259
ACT," AS AMENDED BY THE "PERSONAL RESPONSIBILITY AND WORK 18,264
OPPORTUNITY RECONCILIATION ACT OF 1996," 110 STAT. 2105, 42 18,268
U.S.C. 659A, THAT REQUESTS THE SERVICES. THE DEPARTMENT SHALL 18,270
PROVIDE THE SERVICES WITHOUT IMPOSING AN APPLICATION FEE OR ANY 18,271
OTHER COST ON THE FOREIGN COUNTRY OR THE OBLIGEE REQUESTING THE 18,272
SERVICES. THE DEPARTMENT MAY IMPOSE THE APPLICATION FEE OR OTHER 18,273
COSTS ON THE OBLIGOR UNDER THE SUPPORT ORDER. THE DEPARTMENT 18,274
SHALL ADOPT RULES PURSUANT TO CHAPTER 119. OF THE REVISED CODE 18,277
GOVERNING THE PROCEDURE FOR ENTERING INTO A CONTRACT PURSUANT TO 18,278
THIS SECTION, THE PROVISIONS OF THE CONTRACT, AND THE PROVISION 18,279
OF SUPPORT ENFORCEMENT SERVICES, WHICH RULES SHALL BE CONSISTENT 18,280
WITH SECTIONS 454 AND 459A OF THE "SOCIAL SECURITY ACT," AS 18,284
AMENDED BY THE "PERSONAL RESPONSIBILITY AND WORK OPPORTUNITY 18,289
RECONCILIATION ACT OF 1996," 110 STAT. 2105, 42 U.S.C. 654 AND 18,293
659A AND REGULATIONS ADOPTED UNDER THE ACT. 18,294
Sec. 5101.317. (A) THE DEPARTMENT OF HUMAN SERVICES SHALL 18,297
PROVIDE ANNUAL REVIEWS OF AND REPORTS TO THE SECRETARY OF HEALTH 18,298
AND HUMAN SERVICES CONCERNING PROGRAMS OPERATED UNDER TITLE IV-D 18,300
OF THE "SOCIAL SECURITY ACT," 88 STAT. 2351 (1975), 42 U.S.C. 18,305
651, AS AMENDED BY THE "PERSONAL RESPONSIBILITY AND WORK 18,307
OPPORTUNITY RECONCILIATION ACT OF 1996," 110 STAT. 2105, PURSUANT 18,308
TO RULES ADOPTED BY THE DEPARTMENT UNDER DIVISION (B) OF THIS 18,309
SECTION.
(B) THE DEPARTMENT OF HUMAN SERVICES SHALL ADOPT RULES IN 18,312
ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE THAT ESTABLISH 18,313
THE FOLLOWING:
(1) PROCEDURES FOR ANNUAL REVIEWS OF AND REPORTS TO THE 18,315
440
SECRETARY OF HEALTH AND HUMAN SERVICES ON THE PROGRAMS OPERATED 18,316
UNDER TITLE IV-D OF THE "SOCIAL SECURITY ACT," AS AMENDED, 18,321
INCLUDING INFORMATION NECESSARY TO MEASURE COMPLIANCE WITH 18,322
FEDERAL REQUIREMENTS FOR EXPEDITED PROCEDURES;
(2) PROCEDURES FOR TRANSMITTING DATA AND CALCULATIONS 18,324
REGARDING LEVELS OF ACCOMPLISHMENT AND RATES OF IMPROVEMENT FOR 18,325
PATERNITY ESTABLISHMENT AND CHILD SUPPORT ENFORCEMENT FROM THE 18,326
AUTOMATIC DATA PROCESSING SYSTEM REQUIRED UNDER SECTION 5101.322 18,327
OF THE REVISED CODE TO THE SECRETARY OF HEALTH AND HUMAN 18,330
SERVICES.
Sec. 5101.318. THE DEPARTMENT MAY REQUEST THE ASSISTANCE 18,333
OF OTHER STATES IN ENFORCING SUPPORT ORDERS ISSUED BY THE COURTS 18,334
AND CHILD SUPPORT ENFORCEMENT AGENCIES OF THIS STATE CONSISTENT 18,335
WITH SECTION 466(a) OF THE "SOCIAL SECURITY ACT," AS AMENDED BY 18,339
THE "PERSONAL RESPONSIBILITY AND WORK OPPORTUNITY RECONCILIATION 18,344
ACT OF 1996," 110 STAT. 2105, 42 U.S.C. 666(a). THE DEPARTMENT, 18,348
WHEN ENFORCING, PURSUANT TO CHAPTERS 2301., 3113., 3115., AND 18,349
5101. OF THE REVISED CODE, SUPPORT ORDERS ISSUED IN OTHER STATES 18,350
SHALL USE THE FORMS REQUIRED PURSUANT TO SECTIONS 452(a) AND 18,352
454(9) OF THE "SOCIAL SECURITY ACT," AS AMENDED BY THE "PERSONAL 18,356
RESPONSIBILITY AND WORK OPPORTUNITY RECONCILIATION ACT OF 1996," 18,361
110 STAT. 2105, 42 U.S.C. 652(a) AND 654(9). 18,364
Sec. 5101.319. (A) AS USED IN THIS SECTION: 18,367
(1) "CHILD SUPPORT ORDER" HAS THE SAME MEANING AS IN 18,369
SECTION 2301.373 OF THE REVISED CODE. 18,370
(2) "SUPPORT ORDER," "OBLIGOR," AND "OBLIGEE" HAVE THE 18,372
SAME MEANING AS IN SECTION 2301.34 OF THE REVISED CODE. 18,375
(B) THE DIVISION OF CHILD SUPPORT IN THE DEPARTMENT OF 18,378
HUMAN SERVICES SHALL ESTABLISH AND MAINTAIN A CASE REGISTRY OF 18,379
ALL SUPPORT ORDERS BEING ADMINISTERED OR OTHERWISE HANDLED BY A 18,380
CHILD SUPPORT ENFORCEMENT AGENCY. THE REGISTRY SHALL INCLUDE ALL 18,381
OF THE FOLLOWING INFORMATION:
(1) THE NAME, SOCIAL SECURITY NUMBER, DRIVER'S LICENSE 18,383
NUMBER, OTHER IDENTIFICATION NUMBER, RESIDENCE TELEPHONE NUMBER, 18,384
441
AND DATE OF BIRTH OF EACH OBLIGOR AND OBLIGEE UNDER A SUPPORT 18,385
ORDER; 18,386
(2) PAYMENT INFORMATION INCLUDING THE PERIODIC SUPPORT 18,388
AMOUNT DUE, ARREARAGES, PENALTIES FOR LATE PAYMENT, FEES, AMOUNTS 18,390
COLLECTED, AND AMOUNTS DISTRIBUTED UNDER A SUPPORT ORDER; 18,391
(3) LIENS IMPOSED ON REAL AND PERSONAL PROPERTY TO RECOVER 18,394
ARREARAGES UNDER A SUPPORT ORDER;
(4) WITH RESPECT TO A CHILD SUPPORT ORDER, THE NAME AND 18,396
BIRTHDATE OF EACH CHILD SUBJECT TO THE ORDER; 18,397
(5) INFORMATION OBTAINED PURSUANT TO AN AGREEMENT UNDER 18,399
SECTION 5101.315 OF THE REVISED CODE; 18,400
(6) ANY OTHER INFORMATION REQUIRED BY THE DEPARTMENT OF 18,402
HUMAN SERVICES PURSUANT TO RULES ADOPTED UNDER DIVISION (F) OF 18,404
THIS SECTION.
(C) THE REGISTRY ESTABLISHED PURSUANT TO THIS SECTION 18,407
SHALL BE MAINTAINED AS PART OF THE AUTOMATED SYSTEM CREATED 18,408
PURSUANT TO SECTION 5101.322 OF THE REVISED CODE AND SHALL BE 18,410
ACCESSED THROUGH THE SYSTEM. THE DIVISION AND EACH CHILD SUPPORT 18,411
ENFORCEMENT AGENCY SHALL MONITOR AND UPDATE THE REGISTRY, AND 18,412
EACH AGENCY SHALL ENTER THE INFORMATION DESCRIBED IN DIVISION (B) 18,414
OF THIS SECTION IN THE REGISTRY IN ACCORDANCE WITH RULES ADOPTED 18,415
PURSUANT TO DIVISION (F) OF THIS SECTION. 18,416
(D) THE DIVISION SHALL MAKE COMPARISONS OF THE INFORMATION 18,419
IN THE REGISTRY WITH THE INFORMATION MAINTAINED BY THE DEPARTMENT 18,420
OF HUMAN SERVICES PURSUANT TO SECTIONS 5101.312 AND 5101.314 OF 18,421
THE REVISED CODE. THE DIVISION SHALL MAKE THE COMPARISONS IN THE 18,423
MANNER AND IN THE TIME INTERVALS REQUIRED BY THE RULES ADOPTED 18,424
PURSUANT TO DIVISION (F) OF THIS SECTION. THE DIVISION SHALL 18,426
MAKE REPORTS OF INFORMATION IN THE REGISTRY TO OTHER ENTITIES OF 18,427
THE STATE, THE FEDERAL GOVERNMENT, AND OTHER STATES AS REQUIRED 18,428
BY THE RULES ADOPTED PURSUANT TO DIVISION (F) OF THIS SECTION. 18,429
(E)(1) EACH CHILD SUPPORT ENFORCEMENT AGENCY SHALL ENTER 18,432
INFORMATION INTO THE CASE REGISTRY AND MAINTAIN AND UPDATE THAT 18,433
INFORMATION CONSISTENT WITH SECTIONS 454 AND 454A OF THE "SOCIAL 18,435
442
SECURITY ACT" AS AMENDED BY THE "PERSONAL RESPONSIBILITY AND WORK 18,440
OPPORTUNITY RECONCILIATION ACT OF 1996," 110 STAT. 2105, 42 18,445
U.S.C. 654 AND 654A AND ANY FEDERAL REGULATIONS ADOPTED UNDER THE 18,447
ACT.
(2) THE DIVISION AND EACH CHILD SUPPORT ENFORCEMENT AGENCY 18,450
SHALL MONITOR THE REGISTRY CONSISTENT WITH SECTIONS 454 AND 454A 18,452
OF THE "SOCIAL SECURITY ACT" AS AMENDED BY THE "PERSONAL 18,457
RESPONSIBILITY AND WORK OPPORTUNITY RECONCILIATION ACT OF 1996," 18,461
AND ANY FEDERAL REGULATIONS ADOPTED UNDER THE ACT. 18,463
(3) THE DIVISION SHALL MAKE COMPARISONS OF INFORMATION IN 18,466
THE CASE REGISTRY WITH INFORMATION MAINTAINED BY THE DEPARTMENT 18,467
PURSUANT TO SECTIONS 5101.312 AND 5101.314 OF THE REVISED CODE 18,469
AND PROVIDE INFORMATION IN THE CASE REGISTRY TO OTHER ENTITIES OF 18,470
THE STATE, THE FEDERAL GOVERNMENT, AND OTHER STATES CONSISTENT 18,471
WITH SECTIONS 453A(f), 454(16) AND (28), 454A(f), AND 18,475
466(a)(5)(M) OF THE "SOCIAL SECURITY ACT" AS AMENDED BY THE 18,479
"PERSONAL RESPONSIBILITY AND WORK OPPORTUNITY RECONCILIATION ACT 18,484
OF 1996," 42 U.S.C. 653A(f), 654(16) AND (28), 654A(f), AND 18,490
666(a)(5)(M) AND ANY FEDERAL REGULATIONS ADOPTED UNDER THE ACT. 18,491
(F) THE DEPARTMENT OF HUMAN SERVICES SHALL ADOPT RULES IN 18,494
ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE THAT DO BOTH OF 18,497
THE FOLLOWING: 18,498
(1) ESTABLISH PROCEDURES GOVERNING ACTIONS REQUIRED BY 18,500
DIVISION (E) OF THIS SECTION; 18,501
(2) DESIGNATE ANY ADDITIONAL INFORMATION THAT MUST BE 18,503
PLACED IN THE CASE REGISTRY CONSISTENT WITH SECTION 454A(e)(3) OF 18,505
THE "SOCIAL SECURITY ACT" AS AMENDED BY THE "PERSONAL 18,510
RESPONSIBILITY AND WORK OPPORTUNITY RECONCILIATION ACT OF 1996," 18,514
42 U.S.C. 654A(e)(3) AND ANY FEDERAL REGULATIONS ADOPTED UNDER 18,518
THE ACT.
Sec. 5101.322. If the (A) THE department of human 18,528
services develops SHALL ESTABLISH AND MAINTAIN a statewide, 18,529
automated DATA PROCESSING system that is authorized under IN 18,530
COMPLIANCE WITH Title IV-D of the "Social Security Act," 88 Stat. 18,531
443
2351 (1975), 42 U.S.C. 651, as amended BY THE "PERSONAL 18,533
RESPONSIBILITY AND WORK OPPORTUNITY RECONCILIATION ACT OF 1996," 18,534
110 STAT. 2105, to support the enforcement of child support and 18,537
if the automated system is operational, the automated system THAT 18,538
shall be implemented in every county. When the automated system 18,540
becomes operational, every EVERY county shall accept the
automated system and, in accordance with the written instructions 18,541
of the department for the implementation of the automated system, 18,542
shall convert to the automated system all records that are 18,543
maintained by any county entity and that are related to any case 18,544
for which a local agency is enforcing a child support order in 18,545
accordance with Title IV-D of the "Social Security Act," 88 Stat. 18,546
2351 (1975), 42 U.S.C. 651, as amended BY THE "PERSONAL 18,548
RESPONSIBILITY AND WORK RECONCILIATION ACT OF 1996," 110 STAT. 18,549
2105.
(B) THE DEPARTMENT SHALL ADOPT RULES PURSUANT TO CHAPTER 18,552
119. OF THE REVISED CODE CONCERNING ACCESS TO, AND USE OF, DATA 18,555
MAINTAINED IN THE AUTOMATED SYSTEM THAT DO THE FOLLOWING:
(1) PERMIT ACCESS TO AND USE OF DATA ONLY TO THE EXTENT 18,557
NECESSARY TO CARRY OUT PROGRAMS UNDER TITLE IV-D OF THE "SOCIAL 18,562
SECURITY ACT," 88 STAT. 2351 (1975), 42 U.S.C. 651, AS AMENDED BY 18,565
THE "PERSONAL RESPONSIBILITY AND WORK OPPORTUNITY RECONCILIATION 18,566
ACT OF 1996," 110 STAT. 2105, AND SPECIFY THE DATA THAT MAY BE 18,567
USED FOR PARTICULAR PROGRAM PURPOSES, AND THE PERSONNEL PERMITTED 18,568
ACCESS TO THE DATA; 18,569
(2) REQUIRE MONITORING OF ACCESS TO AND USE OF THE 18,571
AUTOMATED SYSTEM TO PREVENT AND PROMPTLY IDENTIFY UNAUTHORIZED 18,572
USE; 18,573
(3) ESTABLISH PROCEDURES TO ENSURE THAT ALL PERSONNEL WHO 18,575
MAY HAVE ACCESS TO OR BE REQUIRED TO USE DATA ARE INFORMED OF 18,576
APPLICABLE REQUIREMENTS AND PENALTIES AND HAVE BEEN TRAINED IN 18,577
SECURITY PROCEDURES; 18,578
(4) ESTABLISH ADMINISTRATIVE PENALTIES, UP TO AND 18,580
INCLUDING DISMISSAL FROM EMPLOYMENT, FOR UNAUTHORIZED ACCESS TO, 18,581
444
OR DISCLOSURE OR USE OF, DATA. 18,582
Sec. 5101.323. (A)(1) The division of child support in 18,594
the department of human services shall establish a program to 18,595
increase child support collections by publishing and distributing 18,596
a series of posters displaying child support obligors who are 18,597
delinquent in their support payments. Each poster shall display 18,598
photographs of, and information about, ten obligors who are 18,599
liable for support arrearages and whose whereabouts are unknown 18,600
to child support enforcement agencies. Each poster shall list a 18,601
toll-free telephone number for the division of child support that 18,602
may be called to report information regarding the whereabouts of 18,603
any of the obligors displayed on a poster. The division may 18,604
include any other information on the poster that it considers 18,605
appropriate. 18,606
(2) Any child support enforcement agency that chooses to 18,608
participate in the poster program established under division 18,609
(A)(1) of this section may submit names of obligors that meet the 18,610
criteria in division (B) of this section to the division. The 18,611
division shall select obligors to be displayed on a poster from 18,612
the names submitted by the agencies. 18,613
(3) The division shall send notice to each obligor whose 18,615
name was submitted to be displayed on the poster. The notice 18,616
shall be sent by regular mail to the obligor's last known address 18,617
and shall state that the obligor may avoid being included on the 18,618
poster by doing all of the following within ninety days after 18,619
receipt of the notice: 18,620
(a) Make a payment to the DIVISION OF child support OR, 18,623
PURSUANT TO DIVISION (H)(4) OF SECTION 2301.35 OF THE REVISED
CODE, THE CHILD SUPPORT enforcement agency that is at least equal 18,625
to the amount of support the obligor is required to pay each 18,626
month under the support order;
(b) Provide the CHILD SUPPORT ENFORCEMENT agency with the 18,628
obligor's current address; 18,629
(c) Provide the agency with evidence from each of the 18,631
445
obligor's current employers of the obligor's current wages, 18,632
salary, and other compensation; 18,633
(d) Provide the agency with evidence that the obligor has 18,635
arranged for withholding from the obligor's wages, salary, or 18,636
other compensation to pay support and for payment of arrearages. 18,637
(4) The child support enforcement agency shall determine 18,639
whether any obligor whose name was submitted to be displayed on a 18,640
poster has met all the conditions of division (A)(3) of this 18,641
section. If it determines that an obligor has done so, it shall 18,642
give the division notice of its determination. On receipt of the 18,643
notice from the agency, the division shall remove the obligor 18,644
from the list of obligors submitted by that agency before making 18,645
the final selection of obligors for the poster. 18,646
(5) The division shall publish and distribute the first 18,648
set of posters throughout the state not later than October 1, 18,649
1992. The division shall publish and distribute subsequent sets 18,650
of posters not less than twice annually. 18,651
(B) A child support enforcement agency may submit the name 18,653
of a delinquent obligor to the division for inclusion on a poster 18,654
only if all of the following apply: 18,655
(1) The obligor is subject to a support order and there 18,657
has been an attempt to enforce the order through a public notice, 18,658
a wage withholding order, a lien on property, a financial 18,659
institution deduction order, or other court-ordered procedures. 18,660
(2) The department of human services reviewed the 18,662
obligor's records and confirms the child support enforcement 18,663
agency's finding that the obligor's name and photograph may be 18,664
submitted to be displayed on a poster. 18,665
(3) The agency does not know or is unable to verify the 18,667
obligor's whereabouts. 18,668
(4) The obligor is not a participant in Ohio works first 18,670
or the prevention, retention, and contingency program or a 18,671
recipient of disability assistance, supplemental security income, 18,672
or food stamps. 18,673
446
(5) The child support enforcement agency does not have 18,675
evidence that the obligor has filed for protection under the 18,676
federal Bankruptcy Code, 11 U.S.C.A. 101, as amended. 18,677
(6) The obligee gave written authorization to the agency 18,679
to display the obligor on a poster. 18,680
(7) A legal representative of the agency and a child 18,682
support enforcement administrator reviewed the case. 18,683
(8) The agency is able to submit to the department a 18,685
description and photograph of the obligor, a statement of the 18,686
possible locations of the obligor, and any other information 18,687
required by the department. 18,688
(C) When the agency submits the name of an obligor to the 18,690
division, it also shall submit the photograph and information 18,691
described in division (B)(8) of this section. It shall not 18,692
submit to the division the address of the obligee or any other 18,693
personal information about the obligee. 18,694
(D) In accordance with Chapter 119. of the Revised Code, 18,696
the division shall adopt rules for the operation of the poster 18,697
program under this section. The rules shall specify the 18,698
following: 18,699
(1) Criteria and procedures for the division to use in 18,701
reviewing the names of obligors submitted by child support 18,702
enforcement agencies to be displayed on a poster and selecting 18,703
the delinquent obligors to be included on a poster; 18,704
(2) Procedures for providing the notice specified in 18,706
division (A)(3) of this section; 18,707
(3) Any other procedures necessary for the operation of 18,709
the poster program. 18,710
(E) The division shall use funds appropriated by the 18,712
general assembly for child support administration to conduct the 18,713
poster program under this section. 18,714
Sec. 5101.324. (A) The department of human services, in 18,724
accordance with Chapter 119. of the Revised Code, shall adopt 18,725
rules governing a child support enforcement agency in 18,726
447
establishing a paternity compliance unit and in adopting a 18,727
paternity compliance plan pursuant to section 2301.357 of the 18,728
Revised Code. The rules shall include, but shall not be limited 18,729
to, provisions for the following: 18,730
(1) The procedure an agency shall follow to adopt and 18,732
submit a paternity plan to the department of human services; 18,733
(2) The information an agency shall include in its adopted 18,735
paternity compliance plan, including, but not limited to, the 18,736
manner in which the agency will service Title IV-D cases in 18,737
accordance with federally mandated timeframes and the manner in 18,738
which the agency intends to service more cases in order to meet 18,739
the federal requirements; 18,740
(3) A requirement that all plans adopted by an agency 18,742
include establishing a paternity compliance unit; 18,743
(4) Any other procedures or requirements the department 18,745
decides are necessary to adopt a paternity compliance plan and to 18,746
establish a paternity compliance unit. 18,747
(B) The department of human services shall report annually 18,749
to the speaker of the house of representatives and the president 18,750
of the senate regarding the paternity compliance plans and 18,751
paternity compliance units and the progress the county agencies 18,752
have made toward meeting the federal requirements for quickly and 18,753
efficiently establishing parent and child relationships due to 18,754
the paternity compliance plans and units. The report shall 18,755
include statistics on how long a case takes to establish 18,756
paternity and the result of each request for a determination of 18,757
the existence or nonexistence of paternity. 18,758
(C) The department of human services shall prepare 18,760
pamphlets that discuss the benefit of establishing a parent and 18,761
child relationship, the proper procedure for establishing a 18,762
parent and child relationship between a father and his child, and 18,763
a toll-free telephone number that interested persons may call for 18,764
more information regarding the procedures for establishing a 18,765
parent and child relationship. The department shall make 18,766
448
available the pamphlets AND AFFIDAVITS AND STATEMENTS DESCRIBED 18,767
IN DIVISION (D) OF THIS SECTION to the department of health, TO 18,768
EACH HOSPITAL IT HAS A CONTRACT WITH PURSUANT TO SECTION 3727.17 18,769
OF THE REVISED CODE, and to any individual who requests a 18,770
pamphlet.
(D)(1) The department of human services shall prepare an 18,772
acknowledgment of paternity statement AFFIDAVIT that includes in 18,773
boldface type at the top of the statement AFFIDAVIT the rights 18,774
and responsibilities of and the due process safeguards afforded 18,776
to a person who acknowledges that he is the natural father of a 18,777
child, including that if an alleged father acknowledges a parent 18,778
and child relationship he assumes the parental duty of support, 18,779
that both signators waive any right to a jury trial BRING AN 18,780
ACTION PURSUANT TO SECTIONS 3111.01 TO 3111.19 OF THE REVISED 18,781
CODE OR MAKE A REQUEST PURSUANT TO SECTION 3111.22 OF THE REVISED 18,782
CODE, OTHER THAN FOR PURPOSES OF RESCINDING THE ACKNOWLEDGMENT
PURSUANT TO DIVISION (B) OF SECTION 5101.314 OF THE REVISED CODE 18,783
in order to ensure expediency in resolving the question of the 18,785
existence of a parent and child relationship, THAT EITHER PARENT 18,786
MAY RESCIND THE ACKNOWLEDGMENT PURSUANT TO DIVISION (B) OF
SECTION 5101.314 OF THE REVISED CODE, and that the natural father 18,787
has the right to petition a court pursuant to section 3109.12 of 18,788
the Revised Code for an order granting him reasonable visitation 18,789
with respect to the child and to petition the court for custody 18,790
of the child pursuant to section 2151.23 of the Revised Code. 18,791
The statement AFFIDAVIT shall include basic ALL OF THE FOLLOWING: 18,793
(a) BASIC instructions for completing the form, including 18,796
instructions that both the natural father and the mother or other 18,797
legal guardian or custodian of the child are required to sign the 18,798
statement before two competent and disinterested witnesses who 18,799
are eighteen years of age or older. The statement shall include 18,800
signature, THAT THEY MAY SIGN THE STATEMENT WITHOUT BEING IN EACH 18,801
OTHER'S PRESENCE, AND THAT THE SIGNATURES MUST BE NOTARIZED. 18,803
(b) BLANK SPACES TO ENTER THE FULL NAME, SOCIAL SECURITY 18,806
449
NUMBER, DATE OF BIRTH AND ADDRESS OF EACH PARENT; 18,807
(c) BLANK SPACES TO ENTER THE FULL NAME, DATE OF BIRTH, 18,810
AND THE RESIDENCE OF THE CHILD;
(d) A BLANK SPACE TO ENTER THE NAME OF THE HOSPITAL OR 18,813
DEPARTMENT OF HEALTH CODE NUMBER ASSIGNED TO THE HOSPITAL, FOR 18,814
USE IN SITUATIONS IN WHICH THE HOSPITAL FILLS OUT THE FORM 18,815
PURSUANT TO SECTION 3727.17 OF THE REVISED CODE; 18,817
(e) AN AFFIRMATION BY THE MOTHER THAT THE INFORMATION SHE 18,820
SUPPLIED IS TRUE TO THE BEST OF HER KNOWLEDGE AND BELIEF AND THAT 18,821
SHE IS THE NATURAL MOTHER OF THE CHILD NAMED ON THE FORM AND 18,822
ASSUMES THE PARENTAL DUTY OF SUPPORT OF THE CHILD; 18,823
(f) AN AFFIRMATION BY THE FATHER THAT THE INFORMATION HE 18,826
SUPPLIED IS TRUE TO THE BEST OF HIS KNOWLEDGE AND BELIEF, THAT HE 18,827
HAS RECEIVED INFORMATION REGARDING HIS LEGAL RIGHTS AND 18,828
RESPONSIBILITIES, THAT HE CONSENTS TO THE JURISDICTION OF THE 18,829
COURTS OF THIS STATE, AND THAT HE IS THE NATURAL FATHER OF THE 18,830
CHILD NAMED ON THE FORM AND ASSUMES THE PARENTAL DUTY OF SUPPORT 18,831
OF THE CHILD;
(g) SIGNATURE lines for the mother or other legal guardian 18,834
or custodian of the child, AND the natural father, and each 18,835
witness;
(h) SIGNATURE LINES FOR THE NOTARY PUBLIC; 18,837
(i) AN INSTRUCTION TO INCLUDE OR ATTACH ANY OTHER EVIDENCE 18,840
NECESSARY TO COMPLETE THE NEW BIRTH RECORD THAT IS REQUIRED BY 18,841
THE DEPARTMENT BY RULE.
(2) The department of human services shall prepare an 18,843
agreement to genetic testing statement that includes a statement 18,844
that the mother and the alleged natural father agree to be bound 18,845
by the results of genetic testing, that both signators waive any 18,846
right to a jury trial in order to ensure expediency in resolving 18,848
the question of the existence of a parent and child relationship, 18,849
that if the results of the genetic testing show a ninety-five per 18,850
cent or greater probability that the alleged father is the 18,851
natural father of the child, the administrative officer of the 18,852
450
child support enforcement agency will issue an administrative 18,853
order determining the existence of a parent and child 18,854
relationship, that if the results show a less than ninety-five 18,855
per cent probability that the alleged father is the natural 18,856
father of the child but do not exclude him as the father, the 18,857
administrative officer will issue an administrative order stating 18,858
that the results are inconclusive as to whether the alleged 18,859
natural father is the natural father of the child, and, if the 18,860
results of genetic testing exclude the alleged natural father as 18,861
the natural father of the child, the agency will issue an order 18,862
determining the nonexistence of a parent and child relationship, 18,863
that if the agency determines a parent and child relationship 18,864
exists between the alleged father and the child, the father 18,865
assumes the parental duty of support and he may be required to 18,866
pay child support, and that if a parent and child relationship 18,867
exists between the alleged father and the child, the father has 18,868
the right to petition a court pursuant to section 3109.12 of the 18,869
Revised Code for an order granting him reasonable visitation with 18,870
respect to the child and to petition the court for custody of the 18,871
child pursuant to section 2151.23 of the Revised Code. The 18,872
statement shall include basic instructions for completing the 18,873
agreement, including that both the mother and the alleged natural 18,874
father must sign the agreement before two competent and 18,875
disinterested witnesses who are eighteen years of age or older. 18,876
The statement shall include signature lines for the mother, the 18,877
alleged natural father, and each witness THE DEPARTMENT OF HUMAN 18,880
SERVICES, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, SHALL 18,881
ADOPT RULES SPECIFYING ADDITIONAL EVIDENCE NECESSARY TO COMPLETE 18,882
A NEW BIRTH RECORD THAT IS REQUIRED TO BE INCLUDED WITH AN 18,883
ACKNOWLEDGMENT OF PATERNITY AFFIDAVIT.
(3) The department of human services shall make available 18,885
the statement AFFIDAVIT acknowledging paternity and the agreement 18,887
to genetic testing to each county child support enforcement 18,888
agency, the department of health, and any other person or agency 18,889
451
that requests copies. 18,890
Sec. 5101.325. (A)(1) EXCEPT AS PROVIDED IN DIVISION (H) 18,893
OF SECTION 2301.35 OF THE REVISED CODE, THE DIVISION OF CHILD 18,895
SUPPORT IN THE DEPARTMENT OF HUMAN SERVICES SHALL BE THE SOLE 18,896
AGENCY OF THE STATE RESPONSIBLE FOR THE COLLECTION OF ALL SUPPORT 18,897
PAYMENTS DUE UNDER SUPPORT ORDERS AND THE DISBURSEMENT OF THE 18,899
PAYMENTS TO OBLIGEES. THE DIVISION SHALL MAKE COLLECTIONS AND 18,900
DISBURSEMENTS IN COMPLIANCE WITH RULES ADOPTED PURSUANT TO 18,901
DIVISION (F) OF THIS SECTION.
(2) IN ORDER TO COMPLY WITH ITS COLLECTION AND 18,903
DISBURSEMENT RESPONSIBILITIES, THE DIVISION MAY REQUIRE THE 18,904
DIRECTOR OF EACH CHILD SUPPORT ENFORCEMENT AGENCY TO AUTHORIZE 18,905
THE DIVISION TO USE THAT DIRECTOR'S FACSIMILE SIGNATURE IF THE 18,906
DIVISION DETERMINES THE SIGNATURE'S USE IS NECESSARY. AN AGENCY 18,907
DIRECTOR SHALL NOT BE SUBJECT TO CIVIL OR CRIMINAL LIABILITY FOR
ANY DAMAGE OR INJURY TO PERSONS OR PROPERTY THAT RESULT FROM THE 18,908
USE OF THE FACSIMILE SIGNATURE BY THE STATE. 18,909
(B)(1) THE DIVISION SHALL COLLECT THE CHARGE IMPOSED ON 18,911
THE OBLIGOR UNDER THE SUPPORT ORDER PURSUANT TO DIVISION (G)(1) 18,912
OF SECTION 2301.35 OF THE REVISED CODE. IF AN OBLIGOR FAILS TO 18,914
PAY THE REQUIRED AMOUNT WITH EACH CURRENT SUPPORT PAYMENT DUE IN 18,915
INCREMENTS SPECIFIED UNDER THE SUPPORT ORDER, THE DIVISION SHALL 18,916
MAINTAIN A SEPARATE ARREARAGE ACCOUNT OF THAT AMOUNT FOR THAT 18,917
OBLIGOR. THE DIVISION SHALL NOT DEDUCT THE UNPAID AMOUNT FROM 18,918
ANY SUPPORT PAYMENT DUE TO THE OBLIGEE IN INCREMENTS SPECIFIED 18,919
UNDER THE SUPPORT ORDER. IF AN OBLIGOR PAYS THE REQUIRED AMOUNT, 18,920
THE DIVISION IS NOT REQUIRED TO APPLY THAT PAYMENT TOWARD ANY 18,921
ARREARAGES UNDER THE SUPPORT PAYMENT. 18,922
(2) THE DIVISION, ON RECEIPT OF PROGRAM INCOME FROM A 18,924
CHILD SUPPORT ENFORCEMENT AGENCY UNDER SECTION 3111.99 OR 3113.99 18,925
OF THE REVISED CODE, SHALL PLACE IT IN THE PROGRAM INCOME FUND 18,926
ESTABLISHED PURSUANT TO DIVISION (E) OF THIS SECTION. 18,927
(3) ALL CHARGE AMOUNTS COLLECTED PURSUANT TO DIVISION 18,930
(B)(1) OF THIS SECTION SHALL BE PLACED IN THE PROGRAM INCOME FUND 18,931
452
ESTABLISHED PURSUANT TO DIVISION (E) OF THIS SECTION. ON RECEIPT 18,933
OF THE CHARGES, THE DIVISION SHALL DETERMINE THE CHARGE AMOUNTS 18,934
COLLECTED FROM OBLIGORS UNDER SUPPORT ORDERS BEING ADMINISTERED 18,935
BY A CHILD SUPPORT ENFORCEMENT AGENCY IN EACH COUNTY AND SHALL 18,936
DISTRIBUTE QUARTERLY TO EACH SUCH AGENCY AN AMOUNT EQUAL TO THE 18,937
CHARGES ATTRIBUTABLE TO THE AGENCY. NO CHARGE AMOUNTS COLLECTED 18,939
PURSUANT TO THIS DIVISION SHALL BE USED BY THE DIVISION OR AN 18,940
AGENCY FOR ANY PURPOSE OTHER THAN THE PROVISION OF FUNDS FOR 18,941
SUPPORT ENFORCEMENT ACTIVITIES.
(C) THE DIVISION MAY ENTER INTO CONTRACTS WITH PUBLIC 18,944
ENTITIES OR PRIVATE VENDORS FOR THE COLLECTION OF AMOUNTS DUE 18,945
UNDER SUPPORT ORDERS OR FOR THE PERFORMANCE OF OTHER 18,946
ADMINISTRATIVE DUTIES OF THE DIVISION. THE DIVISION MAY CONTRACT 18,947
WITH A PUBLIC OR PRIVATE ENTITY FOR THE COLLECTION OF ARREARAGES 18,948
OWED UNDER ANY CHILD SUPPORT ORDER FOR WHICH A COURT OR A CHILD 18,950
SUPPORT ENFORCEMENT AGENCY HAS FOUND THE OBLIGOR IN DEFAULT 18,951
PURSUANT TO A FINAL AND ENFORCEABLE ORDER ISSUED PURSUANT TO 18,952
DIVISION (B) OF SECTION 3113.21 OF THE REVISED CODE. EACH 18,953
CONTRACT SHALL COMPLY WITH THE RULES ADOPTED PURSUANT TO DIVISION 18,955
(F) OF THIS SECTION.
(D) THE DIVISION SHALL MAINTAIN A SEPARATE ACCOUNT FOR THE 18,958
DEPOSIT OF SUPPORT PAYMENTS IT RECEIVES AS TRUSTEE FOR REMITTANCE 18,959
TO THE PERSONS ENTITLED TO RECEIVE THE SUPPORT PAYMENTS. THE 18,960
DIVISION SHALL DISBURSE EACH SUPPORT PAYMENT RECEIVED BY IT TO 18,962
THE APPROPRIATE PERSONS PURSUANT TO DIVISION (C) OF SECTION
3113.211 OF THE REVISED CODE. THE DIVISION SHALL COMPLY WITH 18,964
RULES ADOPTED UNDER DIVISION (F) OF THIS SECTION TO ASSIST IN THE 18,965
IMPLEMENTATION OF THIS DIVISION. THE DIVISION SHALL RETAIN AND
USE SOLELY FOR SUPPORT ENFORCEMENT ACTIVITIES, ALL INTEREST 18,967
EARNED ON MONEYS IN ANY ACCOUNT MAINTAINED PURSUANT TO THIS 18,968
DIVISION.
(E) THE PROGRAM INCOME FUND IS HEREBY CREATED IN THE STATE 18,970
TREASURY. THE FUND SHALL CONSIST OF CHARGE AMOUNTS COLLECTED 18,972
UNDER DIVISION (B)(1) OF THIS SECTION AND PROGRAM INCOME 18,973
453
COLLECTED UNDER DIVISION (B)(2) OF THIS SECTION, DIVISION (E) OF 18,974
SECTION 3111.99 OF THE REVISED CODE, AND DIVISION (E) OF SECTION 18,975
3113.99 OF THE REVISED CODE, AND ANY OTHER PROGRAM INCOME. THE 18,976
FUNDS SHALL BE USED BY THE DIVISION OF CHILD SUPPORT AND CHILD 18,977
SUPPORT ENFORCEMENT AGENCIES FOR PURPOSES OF PROVIDING FUNDS FOR 18,978
CHILD SUPPORT ENFORCEMENT ACTIVITIES. 18,979
(F) THE DEPARTMENT OF HUMAN SERVICES, PURSUANT TO CHAPTER 18,982
119. OF THE REVISED CODE SHALL ADOPT RULES THAT DO ALL OF THE 18,984
FOLLOWING:
(1) GOVERN COLLECTION AND DISBURSEMENT OF CHILD SUPPORT 18,986
AMOUNTS IN COMPLIANCE WITH SECTIONS 454, 454B, AND 466 OF THE 18,989
"SOCIAL SECURITY ACT," AS AMENDED BY THE "PERSONAL RESPONSIBILITY 18,993
AND WORK OPPORTUNITY RECONCILIATION ACT OF 1996," 110 STAT. 2105, 18,998
42 U.S.C. 654, 654B, AND 666, AND ANY REGULATIONS ADOPTED UNDER 19,001
THE ACT;
(2) GOVERNING THE METHOD OF SENDING PROCESSING CHARGE 19,003
AMOUNTS TO CHILD SUPPORT ENFORCEMENT AGENCIES; 19,004
(3) ASSIST IN THE IMPLEMENTATION OF SEPARATE ACCOUNTS FOR 19,006
SUPPORT PAYMENTS RECEIVED BY THE DIVISION; 19,007
(4) GOVERN THE PROCESS OF ENTERING INTO AND THE PROVISIONS 19,010
OF CONTRACTS DESCRIBED IN DIVISION (C) OF THIS SECTION. 19,011
Sec. 5101.326. THE DIVISION OF CHILD SUPPORT IN THE 19,013
DEPARTMENT OF HUMAN SERVICES MAY ASK THE SECRETARY OF THE 19,014
TREASURY FOR, AND MAY ENTER INTO A RECIPROCAL AGREEMENT WITH THE 19,015
SECRETARY TO OBTAIN, ADMINISTRATIVE OFFSETS TO COLLECT PAST DUE 19,016
CHILD SUPPORT AMOUNTS IN ACCORDANCE WITH THE "DEBT COLLECTION 19,017
IMPROVEMENT ACT OF 1996," 110 STAT. 1321, 31 U.S.C. 3716(a) AND 19,018
(h). THE DIVISION SHALL ADOPT RULES IN ACCORDANCE WITH CHAPTER 19,019
119. OF THE REVISED CODE TO ESTABLISH PROCEDURES NECESSARY TO 19,020
RECEIVE THE ADMINISTRATIVE OFFSETS.
Sec. 5101.327. (A) AS USED IN THIS SECTION, "SUPPORT 19,022
ORDER" HAS THE SAME MEANING AS IN SECTION 2301.34 OF THE REVISED 19,024
CODE. THE REQUIREMENTS OF THIS SECTION ARE EFFECTIVE ON THE 19,026
EARLIER OF THE DATE THAT ALL SUPPORT ORDERS HAVE BEEN CONVERTED 19,027
454
TO THE AUTOMATED DATA PROCESSING SYSTEM UNDER SECTION 5101.322 OF 19,028
THE REVISED CODE AND THE DIVISION OF CHILD SUPPORT IN THE 19,029
DEPARTMENT OF HUMAN SERVICES AUTHORIZES CENTRALIZED COLLECTION 19,030
AND DISBURSEMENT OF SUPPORT AMOUNTS UNDER THE SUPPORT ORDER 19,032
PURSUANT TO THE RULES ADOPTED UNDER DIVISION (F)(1) OF SECTION 19,033
5101.325 OF THE REVISED CODE OR JULY 1, 1999. 19,035
(B) THE DIRECTOR OF COMMERCE SHALL PROVIDE THE DIVISION NO 19,038
LATER THAN THE FIRST DAY OF MARCH OF EACH YEAR, THE NAME, 19,040
ADDRESS, SOCIAL SECURITY NUMBER, IF THE SOCIAL SECURITY NUMBER IS 19,041
AVAILABLE, AND ANY OTHER IDENTIFYING INFORMATION FOR ANY 19,042
INDIVIDUAL INCLUDED IN A REQUEST SENT BY THE DIVISION PURSUANT TO 19,043
DIVISION (C) OF THIS SECTION WHO HAS UNCLAIMED FUNDS DELIVERED OR 19,045
REPORTED TO THE STATE UNDER CHAPTER 169. OF THE REVISED CODE. 19,046
(C) THE DIVISION SHALL, NO LATER THAN THE FIRST DAY OF 19,049
FEBRUARY OF EACH YEAR, SEND TO THE DIRECTOR OF COMMERCE A REQUEST 19,050
CONTAINING THE NAME, ADDRESS, AND SOCIAL SECURITY NUMBER OF ALL 19,051
OBLIGORS IN DEFAULT UNDER A SUPPORT ORDER BEING ADMINISTERED BY A 19,052
CHILD SUPPORT ENFORCEMENT AGENCY OF THIS STATE AND REQUESTS THAT 19,053
THE DIRECTOR PROVIDE INFORMATION TO THE DIVISION AS REQUIRED IN 19,054
DIVISION (B) OF THIS SECTION. IF THE INFORMATION THE DIRECTOR 19,056
PROVIDES IDENTIFIES OR RESULTS IN IDENTIFYING UNCLAIMED FUNDS 19,057
HELD BY THE STATE FOR AN OBLIGOR IN DEFAULT, THE DIVISION SHALL 19,058
FILE A CLAIM UNDER SECTION 169.08 OF THE REVISED CODE TO RECOVER
THE UNCLAIMED FUNDS. IF THE DIRECTOR ALLOWS THE CLAIM, THE 19,059
DIRECTOR SHALL PAY THE CLAIM DIRECTLY TO THE DIVISION. THE 19,060
DIRECTOR SHALL NOT DISALLOW A CLAIM MADE BY THE DIVISION BECAUSE 19,061
THE DIVISION IS NOT THE OWNER OF THE UNCLAIMED FUNDS ACCORDING TO 19,062
THE REPORT MADE PURSUANT TO SECTION 169.03 OF THE REVISED CODE. 19,063
(D) THE DEPARTMENT OF HUMAN SERVICES, IN CONSULTATION WITH 19,065
THE DEPARTMENT OF COMMERCE, MAY ADOPT RULES IN ACCORDANCE WITH 19,066
CHAPTER 119. OF THE REVISED CODE TO AID IN IMPLEMENTATION OF THIS 19,067
SECTION.
Sec. 5101.37. (A) The department of human services and 19,076
each county department of human services and child support 19,077
455
enforcement agency may make any investigations that are necessary 19,079
in the performance of their duties, and to that end they shall 19,080
have the same power as a judge of a county court to administer 19,081
oaths and to enforce the attendance and testimony of witnesses 19,082
and the production of books or papers.
The department and each county department and agency shall 19,086
keep a record of their investigations stating the time, place, 19,087
charges or subject, witnesses summoned and examined, and their 19,088
conclusions.
In matters involving the conduct of an officer, a 19,090
stenographic report of the evidence shall be taken and a copy of 19,091
the report, with all documents introduced, kept on file at the 19,092
office of the department, county department, or agency. 19,094
The fees of witnesses for attendance and travel shall be 19,096
the same as in the court of common pleas, but no officer or 19,097
employee of the institution under investigation is entitled to 19,098
such fees. 19,099
(B) In conducting hearings pursuant to sections 3113.21 to 19,101
3113.217 3113.216 or pursuant to division (B) of section 5101.35 19,103
of the Revised Code, the department and each child support 19,104
enforcement agency have the same power as a judge of a county 19,105
court to administer oaths and to enforce the attendance and 19,106
testimony of witnesses and the production of books or papers. 19,107
The department and each agency shall keep a record of those 19,108
hearings stating the time, place, charges or subject, witnesses 19,109
summoned and examined, and their conclusions. 19,110
The issuance of a subpoena by the department or a child 19,112
support enforcement agency to enforce attendance and testimony of 19,113
witnesses and the production of books or papers at a hearing is 19,114
discretionary and the department or agency is not required to pay 19,115
the fees of witnesses for attendance and travel. 19,116
(C) Any judge of any division of the court of common 19,119
pleas, upon application of the department or a county department
or child support enforcement agency, may compel the attendance of 19,120
456
witnesses, the production of books or papers, and the giving of 19,121
testimony before the department, county department, or agency, by 19,123
a judgment for contempt or otherwise, in the same manner as in 19,124
cases before those courts. 19,125
Sec. 5101.99. (A) Whoever violates division (A) or (B) of 19,134
section 5101.61 of the Revised Code shall be fined not more than 19,135
five hundred dollars.
(B) Whoever violates division (F) of section 5101.31 OR 19,137
DIVISION (D) OF SECTION 5101.315 of the Revised Code shall be 19,139
fined not more than five hundred dollars, or imprisoned not more 19,140
than six months, or both.
(C) Whoever violates division (A) of section 5101.27 of 19,143
the Revised Code is guilty of a misdemeanor of the first degree.
Sec. 5104.01. As used in this chapter: 19,152
(A) "Administrator" means the person responsible for the 19,154
daily operation of a center or type A home. The administrator 19,155
and the owner may be the same person. 19,156
(B) "Approved child day camp" means a child day camp 19,158
approved pursuant to section 5104.22 of the Revised Code. 19,159
(C) "Authorized provider" means a person authorized by a 19,161
county director of human services to operate a certified type B 19,162
family day-care home. 19,163
(D) "Caretaker parent" means the father or mother of a 19,165
child whose presence in the home is needed as the caretaker of 19,166
the child, a person who has legal custody of a child and whose 19,167
presence in the home is needed as the caretaker of the child, a 19,168
guardian of a child whose presence in the home is needed as the 19,169
caretaker of the child, and any other person who stands in loco 19,170
parentis with respect to the child and whose presence in the home 19,171
is needed as the caretaker of the child. 19,172
(E) "Certified type B family day-care home" and "certified 19,175
type B home" mean a type B family day-care home that is certified 19,176
by the director of the county department of human services
pursuant to section 5104.11 of the Revised Code to receive public 19,177
457
funds for providing child day-care pursuant to this chapter and 19,178
any rules adopted under it. 19,179
(F) "Chartered nonpublic school" means a school that meets 19,182
standards for nonpublic schools prescribed by the state board of 19,183
education for nonpublic schools pursuant to section 3301.07 of 19,184
the Revised Code.
(G) "Child" includes an infant, toddler, preschool child, 19,186
or school child. 19,187
(H) "Child care block grant act" means the "Child Care and 19,190
Development Block Grant Act of 1990," established in section 5082 19,191
of the "Omnibus Budget Reconciliation Act of 1990," 104 Stat. 19,193
1388-236 (1990), 42 9858, as amended.
(I) "Child day camp" means a program in which only school 19,195
children attend or participate, that operates for no more than 19,196
seven hours per day, that operates only during one or more public 19,197
school district's regular vacation periods or for no more than 19,198
fifteen weeks during the summer, and that operates outdoor 19,199
activities for each child who attends or participates in the 19,200
program for a minimum of fifty per cent of each day that children 19,201
attend or participate in the program, except for any day when 19,202
hazardous weather conditions prevent the program from operating 19,203
outdoor activities for a minimum of fifty per cent of that day. 19,204
For purposes of this division, the maximum seven hours of 19,205
operation time does not include transportation time from a 19,206
child's home to a child day camp and from a child day camp to a 19,207
child's home. 19,208
(J) "Child day-care" means administering to the needs of 19,210
infants, toddlers, preschool children, and school children 19,212
outside of school hours by persons other than their parents or
guardians, custodians, or relatives by blood, marriage, or 19,213
adoption for any part of the twenty-four-hour day in a place or 19,214
residence other than a child's own home. 19,215
(K) "Child day-care center" and "center" mean any place in 19,218
which child day-care or publicly funded child day-care is
458
provided for thirteen or more children at one time or any place 19,219
that is not the permanent residence of the licensee or 19,220
administrator in which child day-care or publicly funded child 19,221
day-care is provided for seven to twelve children at one time. 19,222
In counting children for the purposes of this division, any 19,223
children under six years of age who are related to a licensee, 19,224
administrator, or employee and who are on the premises of the 19,225
center shall be counted. "Child day-care center" and "center" do 19,226
not include any of the following: 19,227
(1) A place located in and operated by a hospital, as 19,229
defined in section 3727.01 of the Revised Code, in which the 19,230
needs of children are administered to, if all the children whose 19,231
needs are being administered to are monitored under the on-site 19,232
supervision of a physician licensed under Chapter 4731. of the 19,233
Revised Code or a registered nurse licensed under Chapter 4723. 19,234
of the Revised Code, and the services are provided only for 19,235
children who, in the opinion of the child's parent, guardian, or 19,236
custodian, are exhibiting symptoms of a communicable disease or 19,237
other illness or are injured; 19,238
(2) A child day camp; 19,240
(3) A place that provides child day-care, but not publicly 19,243
funded child day-care, if all of the following apply: 19,244
(a) An organized religious body provides the child 19,247
day-care;
(b) A parent, custodian, or guardian of at least one child 19,250
receiving child day-care is on the premises and readily 19,251
accessible at all times;
(c) The child day-care is not provided for more than 19,253
thirty days a year; 19,254
(d) The child day-care is provided only for preschool and 19,256
school children. 19,257
(L) "Child day-care resource and referral service 19,259
organization" means a community-based nonprofit organization that 19,260
provides child day-care resource and referral services but not 19,261
459
child day-care.
(M) "Child day-care resource and referral services" means 19,263
all of the following services: 19,264
(1) Maintenance of a uniform data base of all child 19,266
day-care providers in the community that are in compliance with 19,267
this chapter, including current occupancy and vacancy data; 19,268
(2) Provision of individualized consumer education to 19,270
families seeking child day-care; 19,271
(3) Provision of timely referrals of available child 19,273
day-care providers to families seeking child day-care; 19,274
(4) Recruitment of child day-care providers; 19,276
(5) Assistance in the development, conduct, and 19,278
dissemination of training for child day-care providers and 19,280
provision of technical assistance to current and potential child 19,281
day-care providers, employers, and the community;
(6) Collection and analysis of data on the supply of and 19,283
demand for child day-care in the community; 19,284
(7) Technical assistance concerning locally, state, and 19,286
federally funded child day-care and early childhood education 19,287
programs;
(8) Stimulation of employer involvement in making child 19,289
day-care more affordable, more available, safer, and of higher 19,290
quality for their employees and for the community; 19,291
(9) Provision of written educational materials to 19,293
caretaker parents and informational resources to child day-care 19,294
providers; 19,295
(10) Coordination of services among child day-care 19,297
resource and referral service organizations to assist in 19,298
developing and maintaining a statewide system of child day-care 19,299
resource and referral services if required by the department of 19,300
human services;
(11) Cooperation with the county department of human 19,302
services in encouraging the establishment of parent cooperative 19,303
child day-care centers and parent cooperative type A family 19,305
460
day-care homes.
(N) "Child-care staff member" means an employee of a child 19,308
day-care center or type A family day-care home who is primarily 19,309
responsible for the care and supervision of children. The 19,310
administrator may be a part-time child-care staff member when not 19,311
involved in other duties.
(O) "Drop-in child day-care center," "drop-in center," 19,313
"drop-in type A family day-care home," and "drop-in type A home" 19,315
mean a center or type A home that provides child day-care or
publicly funded child day-care for children on a temporary, 19,316
irregular basis. 19,317
(P) "Employee" means a person who either: 19,319
(1) Receives compensation for duties performed in a child 19,321
day-care center or type A family day-care home; 19,322
(2) Is assigned specific working hours or duties in a 19,324
child day-care center or type A family day-care home. 19,325
(Q) "Employer" means a person, firm, institution, 19,327
organization, or agency that operates a child day-care center or 19,328
type A family day-care home subject to licensure under this 19,329
chapter.
(R) "Federal poverty line" means the official poverty 19,331
guideline as revised annually in accordance with section 673(2) 19,332
of the "Omnibus Budget Reconciliation Act of 1981," 95 Stat. 511, 19,334
42 9902, as amended, for a family size equal to the size of the 19,335
family of the person whose income is being determined. 19,336
(S) "Head start program" means a comprehensive child 19,338
development program that receives funds distributed under the 19,339
"Head Start Act," 95 Stat. 499 (1981), 42 9831, as amended, or 19,341
under section 3301.31 of the Revised Code.
(T) "Income" means gross income, as defined in section 19,343
5107.03 5107.10 of the Revised Code, less any amounts required by 19,345
federal statutes or regulations to be disregarded. 19,347
(U) "Indicator checklist" means an inspection tool, used 19,349
in (U) "Indicator checklist" means an inspection tool, used in 19,350
461
conjunction with an instrument-based program monitoring 19,351
information system, that contains selected licensing requirements 19,352
that are statistically reliable indicators or predictors of a 19,353
child day-care center or type A family day-care home's compliance 19,354
with licensing requirements.
(V) "Infant" means a child who is less than eighteen 19,357
months of age.
(W) "In-home aide" means a person certified by a county 19,359
director of human services pursuant to section 5104.12 of the 19,360
Revised Code to provide publicly funded child day-care to a child 19,361
in a child's own home pursuant to this chapter and any rules 19,362
adopted under it. 19,363
(X) "Instrument-based program monitoring information 19,365
system" means a method to assess compliance with licensing 19,366
requirements for child day-care centers and type A family 19,367
day-care homes in which each licensing requirement is assigned a 19,368
weight indicative of the relative importance of the requirement 19,369
to the health, growth, and safety of the children that is used to 19,370
develop an indicator checklist.
(Y) "License capacity" means the maximum number in each 19,372
age category of children who may be cared for in a child day-care 19,373
center or type A family day-care home at one time as determined 19,374
by the director of human services considering building occupancy 19,375
limits established by the department of commerce, number of 19,376
available child-care staff members, amount of available indoor 19,377
floor space and outdoor play space, and amount of available play 19,378
equipment, materials, and supplies.
(Z) "Licensed preschool program" or "licensed school child 19,381
program" means a preschool program or school child program, as 19,382
defined in section 3301.52 of the Revised Code, that is licensed 19,383
by the department of education pursuant to sections 3301.52 to 19,384
3301.59 of the Revised Code.
(AA) "Licensee" means the owner of a child day-care center 19,386
or type A family day-care home that is licensed pursuant to this 19,387
462
chapter and who is responsible for ensuring its compliance with 19,388
this chapter and rules adopted pursuant to this chapter. 19,389
(BB) "Operate a child day camp" means to operate, 19,391
establish, manage, conduct, or maintain a child day camp. 19,392
(CC) "Owner" includes a person, as defined in section 1.59 19,394
of the Revised Code, or government entity. 19,395
(DD) "Parent cooperative child day-care center," "parent 19,397
cooperative center," "parent cooperative type A family day-care 19,398
home," and "parent cooperative type A home" mean a corporation or 19,399
association organized for providing educational services to the 19,400
children of members of the corporation or association, without 19,401
gain to the corporation or association as an entity, in which the 19,402
services of the corporation or association are provided only to 19,403
children of the members of the corporation or association, 19,404
ownership and control of the corporation or association rests 19,405
solely with the members of the corporation or association, and at 19,406
least one parent-member of the corporation or association is on 19,407
the premises of the center or type A home during its hours of 19,408
operation. 19,409
(EE) "Part-time child day-care center," "part-time 19,411
center," "part-time type A family day-care home," and "part-time 19,412
type A home" mean a center or type A home that provides child 19,413
day-care or publicly funded child day-care for no more than four 19,414
hours a day for any child. 19,415
(FF) "Place of worship" means a building where activities 19,417
of an organized religious group are conducted and includes the 19,418
grounds and any other buildings on the grounds used for such 19,419
activities. 19,420
(GG) "Preschool child" means a child who is three years 19,422
old or older but is not a school child. 19,423
(HH) "Protective day-care" means publicly funded child 19,425
day-care for the direct care and protection of a child to whom 19,426
either of the following applies: 19,427
(1) A case plan prepared and maintained for the child 19,429
463
pursuant to section 2151.412 of the Revised Code indicates a need 19,430
for protective day-care and the child resides with a parent, 19,431
stepparent, guardian, or another person who stands in loco 19,432
parentis as defined in rules adopted under section 5104.38 of the 19,433
Revised Code;
(2) The child and the child's caretaker either temporarily 19,435
reside in a facility providing emergency shelter for homeless 19,437
families or are determined by the county department of human 19,438
services to be homeless, and are otherwise ineligible for 19,439
publicly funded child day-care. 19,440
(II) "Publicly funded child day-care" means administering 19,442
to the needs of infants, toddlers, preschool children, and school 19,444
children up to UNDER age thirteen during any part of the 19,445
twenty-four-hour day by persons other than their caretaker 19,447
parents for remuneration wholly or in part with federal or state 19,448
funds, including child care block grant act funds, distributed by 19,449
the department of human services. 19,450
(JJ) "Religious activities" means any of the following: 19,452
worship or other religious services; religious instruction; 19,453
Sunday school classes or other religious classes conducted during 19,454
or prior to worship or other religious services; youth or adult 19,455
fellowship activities; choir or other musical group practices or 19,456
programs; meals; festivals; or meetings conducted by an organized 19,457
religious group. 19,458
(KK) "School child" means a child who is enrolled in or is 19,460
eligible to be enrolled in a grade of kindergarten or above but 19,461
is less than fifteen years old. 19,462
(LL) "School child day-care center," "school child 19,464
center," "school child type A family day-care home," and "school 19,465
child type A family home" mean a center or type A home that 19,466
provides child day-care for school children only and that does 19,468
either or both of the following: 19,469
(1) Operates only during that part of the day that 19,471
immediately precedes or follows the public school day of the 19,472
464
school district in which the center or type A home is located; 19,473
(2) Operates only when the public schools in the school 19,475
district in which the center or type A home is located are not 19,476
open for instruction with pupils in attendance. 19,477
(MM) "Special needs day-care" means publicly funded child 19,479
day-care that is provided for a child who is physically or 19,480
developmentally handicapped, mentally retarded, or mentally ill. 19,481
(NN) "State median income" means the state median income 19,483
calculated by the department of development pursuant to division 19,484
(A)(1)(g) of section 5709.61 of the Revised Code. 19,485
(OO) "Toddler" means a child who is at least eighteen 19,487
months of age but less than three years of age. 19,488
(PP) "Type A family day-care home" and "type A home" mean 19,490
a permanent residence of the administrator in which child 19,491
day-care or publicly funded child day-care is provided for seven 19,492
to twelve children at one time or a permanent residence of the 19,493
administrator in which child day-care is provided for four to 19,494
twelve children at one time if four or more children at one time 19,495
are under two years of age. In counting children for the 19,496
purposes of this division, any children under six years of age 19,497
who are related to a licensee, administrator, or employee and who 19,498
are on the premises of the type A home shall be counted. "Type A 19,499
family day-care home" does not include a residence in which the 19,500
needs of children are administered to, if all of the children 19,501
whose needs are being administered to are siblings of the same 19,502
immediate family and the residence is the home of the siblings. 19,503
"Type A family day-care home" and "type A home" do not include 19,504
any child day camp. 19,505
(QQ) "Type B family day-care home" and "type B home" mean 19,507
a permanent residence of the provider in which child day-care is 19,508
provided for one to six children at one time and in which no more 19,509
than three children are under two years of age at one time. In 19,510
counting children for the purposes of this division, any children 19,511
under six years of age who are related to the provider and who 19,512
465
are on the premises of the type B home shall be counted. "Type B 19,513
family day-care home" does not include a residence in which the 19,514
needs of children are administered to, if all of the children 19,515
whose needs are being administered to are siblings of the same 19,516
immediate family and the residence is the home of the siblings. 19,517
"Type B family day-care home" and "type B home" do not include 19,518
any child day camp. 19,519
Sec. 5104.34. (A)(1) Each county department of human 19,528
services shall implement procedures for making determinations of 19,529
eligibility for publicly funded child day-care. Under those 19,530
procedures, the eligibility determination for each applicant 19,531
shall be made no later than thirty calendar days from the date 19,532
the county department receives a completed application for 19,533
publicly funded child day-care. Each applicant shall be notified 19,534
promptly of the results of the eligibility determination. An 19,535
applicant aggrieved by a decision or delay in making an 19,536
eligibility determination may appeal the decision or delay to the 19,537
department of human services in accordance with section 5101.35 19,538
of the Revised Code. The due process rights of applicants shall 19,539
be protected. 19,540
To the extent permitted by federal law, the county 19,542
department may make all determinations of eligibility for 19,543
publicly funded child day-care, may contract with child day-care 19,544
providers or child day-care resource and referral service 19,545
organizations for the providers or resource and referral service 19,546
organizations to make all or any part of the determinations, and 19,547
may contract with child day-care providers or child day-care 19,548
resource and referral service organizations for the providers or 19,549
resource and referral service organizations to collect specified 19,550
information for use by the county department in making 19,551
determinations. If a county department contracts with a child 19,552
day-care provider or a child day-care resource and referral 19,553
service organization for eligibility determinations or for the 19,554
collection of information, the contract shall require the 19,555
466
provider or resource and referral service organization to make 19,556
each eligibility determination no later than thirty calendar days 19,557
from the date the provider or resource and referral organization 19,558
receives a completed application that is the basis of the 19,559
determination and to collect and transmit all necessary 19,560
information to the county department within a period of time that 19,561
enables the county department to make each eligibility 19,562
determination no later than thirty days after the filing of the 19,563
application that is the basis of the determination. 19,564
The county department may station employees of the 19,566
department in various locations throughout the county and may 19,567
assign employees of the department to hours of employment outside 19,568
the normal working hours of the department to collect information 19,569
relevant to applications for publicly funded child day-care and 19,570
to make eligibility determinations. The county department, child 19,571
day-care provider, and child day-care resource and referral 19,572
service organization shall make each determination of eligibility 19,573
for publicly funded child day-care no later than thirty days 19,574
after the filing of the application that is the basis of the 19,575
determination, shall make each determination in accordance with 19,576
any relevant rules adopted pursuant to section 5104.38 of the 19,577
Revised Code, and shall notify promptly each applicant for 19,578
publicly funded child day-care of the results of the 19,579
determination of the applicant's eligibility. 19,580
On or before October 1, 1991, the department of human 19,582
services shall adopt rules in accordance with Chapter 119. of the 19,583
Revised Code for monitoring the eligibility determination 19,584
process. In accordance with those rules, the state department 19,585
shall monitor eligibility determinations made by county 19,586
departments of human services and shall direct any entity that is 19,587
not in compliance with this division or any rule adopted under 19,588
this division to implement corrective action specified by the 19,589
department. 19,590
(2) All eligibility determinations for publicly funded 19,593
467
child day-care shall be made in accordance with rules adopted by 19,594
the department of human services pursuant to division (A) of 19,595
section 5104.38 of the Revised Code. Publicly funded child 19,596
day-care may be provided only to eligible infants, toddlers, 19,598
preschool children, and school children under age thirteen. For
an applicant to be eligible for publicly funded child day-care, 19,599
the caretaker parent must be employed or participating in a 19,600
program of education or training for an amount of time reasonably 19,601
related to the time that the parent's children are receiving 19,602
publicly funded child day-care. This restriction does not apply 19,603
to families whose children are eligible for protective or special 19,604
needs day-care.
Subject to available funds, the department shall allow a 19,607
family to continue to receive publicly funded child day-care 19,608
until the family's income exceeds one hundred fifty per cent of 19,609
the federal poverty line. Initial and continued eligibility for 19,610
publicly funded child day-care is subject to available funds 19,611
unless the family is receiving transitional child day-care as 19,612
provided under this section, participating in the Ohio works 19,613
first program established under Chapter 5107. of the Revised 19,614
Code, or was receiving publicly funded child day-care on October 19,615
1, 1997, and has a family income below one hundred fifty per cent 19,616
of the federal poverty line. If the department must limit 19,617
eligibility due to lack of available funds, it shall give first 19,618
priority for publicly funded child day-care to an assistance 19,619
group whose income is not more than one hundred fifty per cent of 19,620
the federal poverty line that received transitional child 19,621
day-care in the previous month but is no longer eligible because
the twelve-month period has expired. Such an assistance group 19,622
shall continue to receive priority for publicly funded child 19,623
day-care until its income exceeds one hundred fifty per cent of 19,624
the federal poverty line.
(3) An assistance group that ceases to participate in the 19,626
Ohio works first program established under Chapter 5107. of the 19,628
468
Revised Code is eligible for transitional child day-care at any 19,629
time during the immediately following twelve-month period that 19,630
both of the following apply:
(a) The assistance group requires child day-care due to 19,632
employment; 19,633
(b) The assistance group's income is not more than one 19,635
hundred fifty per cent of the federal poverty line. 19,636
An assistance group ineligible to participate in the Ohio 19,638
works first program pursuant to section 5107.17 5101.83 or 19,639
section 5107.21 5107.16 of the Revised Code is not eligible for 19,642
transitional child day-care. 19,643
(B) To the extent permitted by federal law, a county 19,645
department of human services may require a caretaker parent 19,646
determined to be eligible for publicly funded child day-care to 19,647
pay a fee according to the schedule of fees established in rules 19,648
adopted under section 5104.38 of the Revised Code. Each county 19,649
department shall make protective day-care services available to 19,652
children without regard to the income or assets of the caretaker 19,653
parent of the child. 19,654
(C) A caretaker parent receiving publicly funded child 19,656
day-care shall report to the entity that determined eligibility 19,658
any changes in status with respect to employment or participation 19,659
in a program of education or training.
(D) If a county department of human services determines 19,661
that available resources are not sufficient to provide publicly 19,662
funded child day-care to all eligible families who request it, 19,663
the county department may establish a waiting list. A county 19,664
department may establish separate waiting lists within the 19,665
waiting list based on income. When resources become available to 19,667
provide publicly funded child day-care to families on the waiting
list, a county department that establishes a waiting list shall 19,668
assess the needs of the next family scheduled to receive publicly 19,670
funded child day-care. If the assessment demonstrates that the 19,671
family continues to need and is eligible for publicly funded
469
child day-care, the county department shall offer it to the 19,672
family. If the county department determines that the family is 19,673
no longer eligible or no longer needs publicly funded child 19,674
day-care, the county department shall remove the family from the 19,675
waiting list.
Sec. 5107.14. An assistance group is ineligible to 19,684
participate in Ohio works first unless the minor head of 19,685
household or each adult member of the assistance group, not later 19,687
than thirty days after applying for or undergoing a 19,689
redetermination of eligibility for the program, enters into a 19,690
written self-sufficiency contract with the county department of 19,691
human services. The contract shall set forth the rights and 19,693
responsibilities of the assistance group as applicants for and 19,694
participants of the program, including work responsibilities 19,695
established under sections 5107.40 to 5107.69 of the Revised Code 19,698
and other requirements designed to assist the assistance group in 19,699
achieving self sufficiency and personal responsibility. The 19,700
county department shall provide without charge a copy of the 19,701
contract to each assistance group member who signs it. 19,702
Each self-sufficiency contract shall include, based on 19,704
appraisals conducted under section 5107.41 of the Revised Code 19,706
and assessments conducted under section 5107.70 of the Revised 19,707
Code, the following:
(A) The assistance group's plan, developed under section 19,709
5107.41 of the Revised Code, to achieve the goal of self 19,712
sufficiency and personal responsibility through unsubsidized 19,713
employment within the time limit for participating in Ohio works 19,714
first established by section 5107.18 of the Revised Code; 19,715
(B) Work activities, developmental activities, and 19,718
alternative work activities to which members of the assistance 19,719
group are assigned under sections 5107.40 to 5107.69 of the 19,720
Revised Code; 19,721
(C) The responsibility of a caretaker member of the 19,724
assistance group to cooperate in establishing a minor child's 19,725
470
paternity and establishing, modifying, and enforcing a support 19,726
order for the child in accordance with section 5107.22 of the 19,727
Revised Code and the consequences established in that section for 19,729
failure or refusal to cooperate without good cause; 19,730
(D) Other responsibilities that members of the assistance 19,732
group must satisfy to participate in Ohio works first and the 19,733
consequences for failure or refusal to satisfy the 19,734
responsibilities; 19,735
(E) An agreement that the assistance group will comply 19,738
with the conditions of participating in Ohio works first 19,739
established by this chapter and sections 5101.19, 5101.58, 19,740
5101.59, and 5101.83 of the Revised Code; 19,741
(F) Assistance and services the county department will 19,743
provide to the assistance group; 19,744
(G) Assistance and services the child support enforcement 19,747
agency and public children services agency will provide to the 19,748
assistance group pursuant to a plan of cooperation entered into 19,749
under section 307.983 of the Revised Code; 19,750
(H) Other provisions designed to assist the assistance 19,752
group in achieving self-sufficiency SELF SUFFICIENCY and personal 19,754
responsibility;
(I) Procedures for assessing whether responsibilities are 19,757
being satisfied and whether the contract should be amended;
(J) Procedures for amending the contract. 19,759
Sec. 5107.20. As used in this section, "support" has the 19,768
same meaning as in section 3113.21 of the Revised Code. 19,769
Participation in Ohio works first constitutes an assignment 19,772
to the department of human services of any rights members of an 19,773
assistance group have to support from any other person, excluding 19,774
medical support assigned pursuant to section 5101.59 of the 19,775
Revised Code. The rights to support assigned to the department 19,776
pursuant to this section constitute an obligation of the person 19,777
who is responsible for providing the support to the state for the 19,778
amount of cash assistance provided to the assistance group. 19,780
471
A child support enforcement agency THE DIVISION OF CHILD 19,782
SUPPORT IN THE DEPARTMENT OF HUMAN SERVICES shall collect and 19,783
distribute support payments owed to Ohio works first 19,784
participants, whether assigned to the department or unassigned, 19,785
in accordance with Title IV-D, federal regulations, state 19,787
statutes, and rules adopted under section 5107.05 of the Revised
Code.
A child support enforcement agency that receives support 19,789
payments assigned to the department shall pay the support 19,791
payments to the department. In accordance with federal statutes 19,792
and regulations, the department shall deposit support payments it 19,793
receives pursuant to this section into the state treasury to the 19,795
credit of the child support collections fund or the child support 19,796
administrative fund, both of which are hereby created. Money 19,797
credited to the funds shall be used to make cash assistance 19,798
payments under Ohio works first. 19,799
Sec. 5153.16. (A) Except as provided in section 2151.422 19,808
of the Revised Code, in accordance with rules of the department 19,809
of human services, and on behalf of children in the county whom 19,810
the public children services agency considers to be in need of 19,811
public care or protective services, the public children services 19,812
agency shall do all of the following: 19,813
(1) Make an investigation concerning any child alleged to 19,815
be an abused, neglected, or dependent child; 19,816
(2) Enter into agreements with the parent, guardian, or 19,818
other person having legal custody of any child, or with the 19,819
department of human services, department of mental health, 19,820
department of mental retardation and developmental disabilities, 19,821
other department, any certified organization within or outside 19,822
the county, or any agency or institution outside the state, 19,823
having legal custody of any child, with respect to the custody, 19,824
care, or placement of any child, or with respect to any matter, 19,826
in the interests of the child, provided the permanent custody of 19,827
a child shall not be transferred by a parent to the public 19,828
472
children services agency without the consent of the juvenile 19,829
court;
(3) Accept custody of children committed to the public 19,831
children services agency by a court exercising juvenile 19,833
jurisdiction;
(4) Provide such care as the public children services 19,836
agency considers to be in the best interests of any child 19,837
adjudicated to be an abused, neglected, or dependent child the 19,838
agency finds to be in need of public care or service; 19,839
(5) Provide social services to any unmarried girl 19,841
adjudicated to be an abused, neglected, or dependent child who is 19,843
pregnant with or has been delivered of a child; 19,844
(6) Make available to the bureau for children with medical 19,846
handicaps of the department of health at its request any 19,847
information concerning a crippled child found to be in need of 19,848
treatment under sections 3701.021 to 3701.028 of the Revised Code 19,849
who is receiving services from the public children services 19,851
agency;
(7) Provide temporary emergency care for any child 19,853
considered by the public children services agency to be in need 19,855
of such care, without agreement or commitment; 19,856
(8) Find family foster homes, within or outside the 19,858
county, for the care of children, including handicapped children 19,859
from other counties attending special schools in the county; 19,860
(9) Subject to the approval of the board of county 19,862
commissioners and the state department of human services, 19,863
establish and operate a training school or enter into an 19,864
agreement with any municipal corporation or other political 19,865
subdivision of the county respecting the operation, acquisition, 19,866
or maintenance of any children's home, training school, or other 19,867
institution for the care of children maintained by such municipal 19,868
corporation or political subdivision; 19,869
(10) Acquire and operate a county children's home, 19,871
establish, maintain, and operate a receiving home for the 19,872
473
temporary care of children, or procure family foster homes for 19,873
this purpose; 19,874
(11) Enter into an agreement with the trustees of any 19,876
district children's home, respecting the operation of the 19,877
district children's home in cooperation with the other county 19,878
boards in the district; 19,879
(12) Cooperate with, make its services available to, and 19,881
act as the agent of persons, courts, the department of human 19,882
services, the department of health, and other organizations 19,883
within and outside the state, in matters relating to the welfare 19,884
of children, except that the public children services agency 19,885
shall not be required to provide supervision of or other services 19,886
related to the exercise of companionship or visitation rights 19,887
granted pursuant to section 3109.051, 3109.11, or 3109.12 of the 19,888
Revised Code unless a juvenile court, pursuant to Chapter 2151. 19,889
of the Revised Code, or a common pleas court, pursuant to 19,890
division (E)(6) of section 3113.31 of the Revised Code, requires 19,891
the provision of supervision or other services related to the 19,893
exercise of the companionship or visitation rights;
(13) Make investigations at the request of any 19,895
superintendent of schools in the county or the principal of any 19,896
school concerning the application of any child adjudicated to be 19,897
an abused, neglected, or dependent child for release from school, 19,898
where such service is not provided through a school attendance 19,899
department;
(14) Administer funds provided under Title IV-E of the 19,901
"Social Security Act," 94 Stat. 501 (1980), 42 U.S.C.A. 671, as 19,902
amended, in accordance with rules adopted by the state department 19,903
of human services under section 5101.141 of the Revised Code; 19,904
(15) In addition to administering Title IV-E adoption 19,906
assistance funds, enter into agreements to make adoption 19,907
assistance payments under section 5153.163 of the Revised Code; 19,908
(16) (E) Implement a system of risk assessment, in 19,910
accordance with rules adopted by the state department of human 19,911
474
services, to assist the public children services agency in 19,912
determining the risk of abuse or neglect to a child; 19,913
(18)(17) Enter into a plan of cooperation with the board 19,915
of county commissioners under section 307.983 of the Revised Code 19,916
and comply with the partnership agreement the board enters into 19,917
under section 307.98 of the Revised Code and contracts the board 19,918
enters into under sections 307.981 and 307.982 of the Revised 19,919
Code that affect the public children services agency.
(B) The public children services agency shall use the 19,921
system implemented pursuant to division (B)(16) of this section 19,922
in connection with an investigation undertaken pursuant to 19,923
division (F)(1) of section 2151.421 of the Revised Code and may 19,925
use the system at any other time the agency is involved with any
child when the agency determines that risk assessment is 19,926
necessary.
(C) Except as provided in section 2151.422 of the Revised 19,928
Code, In IN accordance with rules of the department of human 19,929
services, and on behalf of children in the county whom the public 19,930
children services agency considers to be in need of public care 19,931
or protective services, the public children services agency may 19,932
do the following:
(1) Provide or find, with other child serving systems, 19,935
treatment foster care for the care of children in a treatment 19,936
foster home, as defined in section 5103.02 of the Revised Code;
(2)(a) As Except as limited by division divisions 19,938
(C)(2)(b) and (c) of this section, contract with the following 19,939
for the purpose of assisting the agency with its duties: 19,940
(i) County departments of human services; 19,942
(ii) Boards of alcohol, drug addiction, and mental health 19,945
services;
(iii) County boards of mental retardation and 19,947
developmental disabilities; 19,948
(iv) Regional councils of political subdivisions 19,950
established under Chapter 167. of the Revised Code; 19,951
475
(v) Private and government providers of services; 19,953
(vi) Managed care organizations and prepaid health plans. 19,955
(b) A public children services agency contract under 19,958
division (C)(2)(a) of this section regarding the agency's duties
under section 2151.421 of the Revised Code may not provide for 19,959
the entity under contract with the agency to perform any service 19,960
not authorized by the department's rules. 19,961
(c) Only a county children services board appointed under 19,964
section 5153.03 of the Revised Code that is a public children
services agency may contract under division (C)(2)(a) of this 19,965
section. If an entity specified in division (B) or (C) of 19,966
section 5153.02 of the Revised Code is the public children 19,967
services agency for a county, the board of county commissioners 19,968
may enter into contracts pursuant to section 307.982 of the
Revised Code regarding the agency's duties. 19,969
Section 2. That existing sections 149.43, 169.03, 169.08, 19,971
329.12, 1336.07, 1336.08, 1349.01, 1533.82, 2105.18, 2151.23, 19,973
2151.231, 2151.33, 2151.49, 2301.34, 2301.35, 2301.353, 2301.356, 19,974
2301.357, 2301.358, 2301.36, 2301.37, 2301.371, 2301.373, 19,975
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, 19,978
3111.02, 3111.03, 3111.04, 3111.06, 3111.07, 3111.09, 3111.12, 19,979
3111.13, 3111.20, 3111.22, 3111.23, 3111.24, 3111.241, 3111.242, 19,981
3111.25, 3111.26, 3111.27, 3111.28, 3111.37, 3111.99, 3113.04, 19,982
3113.07, 3113.21, 3113.211, 3113.212, 3113.213, 3113.215, 19,983
3113.216, 3113.217, 3113.218, 3113.219, 3113.31, 3113.99,
3317.02, 3705.07, 3705.09, 3705.16, 3727.17, 3770.071, 3924.48, 19,984
3924.49, 4141.16, 4141.28, 5101.26, 5101.28, 5101.31, 5101.311, 19,985
5101.312, 5101.322, 5101.323, 5101.324, 5101.37, 5101.99, 19,986
5104.01, 5104.34, 5107.14, 5107.20, and 5153.16, and sections 19,987
329.043, 2301.351, 2301.352, 2301.42, 3111.21, 3113.214, 3115.01, 19,989
3115.02, 3115.03, 3115.04, 3115.05, 3115.06, 3115.07, 3115.08, 19,991
3115.09, 3115.10, 3115.11, 3115.12, 3115.13, 3115.14, 3115.15, 19,992
3115.16, 3115.17, 3115.18, 3115.19, 3115.20, 3115.21, 3115.22, 19,993
476
3115.23, 3115.24, 3115.25, 3115.26, 3115.27, 3115.28, 3115.29, 19,994
3115.30, 3115.31, 3115.32, 3115.33, 3115.34, and 3701.042 of the 19,995
Revised Code are hereby repealed.
Section 3. The General Assembly recognizes that in certain 19,998
instances, the wording of this act differs from that of the 19,999
Uniform Interstate Family Support Act approved by the National 20,000
Conference of Commissioners on Uniform State Laws. Any such 20,001
dissimilarity denotes a technical change or is made to reflect 20,002
the intent of the Commissioners as expressed in the Comments to 20,003
the Uniform Interstate Family Support Act. 20,004
Section 4. Sections 1 through 3 of this act, except for 20,006
sections 329.12, 3317.02, 5101.26, 5101.28, 5101.312, 5104.01, 20,009
5104.34, 5107.14, and 5153.16 of the Revised Code, shall take 20,011
effect January 1, 1998. Sections 329.12, 3317.02, 5101.26, 20,012
5101.28, 5101.312, 5104.01, 5104.34, 5107.14, and 5153.16 of the 20,014
Revised Code, as amended by this act, shall take effect October 20,015
1, 1997.
Section 5. Section 5153.164 of the Revised Code is hereby 20,018
repealed. This repeal is identical to the repeal of section
5153.164 of the Revised Code by Am. Sub. H.B. 215 of the 122nd 20,019
General Assembly and is intended to confirm that such was the 20,020
result intended by the General Assembly. Uncertainty as to the 20,021
status of section 5153.164 of the Revised Code occurred because, 20,022
while Am. Sub. H.B. 215, which repealed the section, was passed 20,023
on June 25, 1997, another act, Sub. H.B. 408 of the 122nd General 20,024
Assembly, which amended the section, was passed one day later, on 20,025
June 26, 1997. It was not the intent of the General Assembly by 20,027
enacting Sub. H.B. 408 to revive section 5153.164 of the Revised 20,028
Code.
Section 6. Section 2301.355 of the Revised Code, which is 20,030
presented in this act in all capital letters, is revived by this 20,031
act. Section 5 of Am. Sub. S.B. 292 of the 121st General 20,033
Assembly repealed Section 3 of Am. Sub. S.B. 10 of the 119th 20,034
General Assembly, which latter section repealed section 2301.355 20,035
477
of the Revised Code effective October 1, 1996. Section 5 of Am. 20,036
Sub. S.B. 292, however, did not become effective until November 20,037
6, 1996, after the repeal of section 2301.355 of the Revised Code 20,038
by Section 3 of Am. Sub. S.B. 10 had taken effect on October 1, 20,039
1996. While legislative intent to retain section 2301.355 of the 20,041
Revised Code is explicit in Section 5 of Am. Sub. S.B. 292,
efficacy of the legislative intent is uncertain because Ohio 20,042
Constitution, Article II, Section 15(D) states that repealed 20,043
sections may not be revived "unless the new act contains the 20,044
entire act revived," and section 2301.355 of the Revised Code are 20,046
not set forth in their entirety in Am. Sub. S.B. 292. This act, 20,047
in confirmation of the legislative intent stated in Section 5 of 20,048
Am. Sub. S.B. 292, revives section 2301.355 of the Revised Code 20,049
by setting forth the section in its entirety.
Section 7. Section 2301.34 of the Revised Code is 20,052
presented in this act as a composite of the section as amended by 20,053
both Sub. H.B. 274 and Am. Sub. S.B. 292 of the 121st General 20,054
Assembly, with the new language of neither of the acts shown in 20,055
capital letters. Sections 2919.21 and 2919.231 of the Revised 20,056
Code are presented in this act as composites of the sections as 20,057
amended by both Sub. H.B. 274 and Am. Sub. S.B. 269 of the 121st 20,058
General Assembly, with the new language of neither of the acts 20,059
shown in capital letters. Section 3111.99 of the Revised Code is 20,060
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 20,061
Assembly, with the new language of neither of the acts shown in 20,062
capital letters. Section 3113.99 of the Revised Code is 20,063
presented in this act as a composite of the section as amended by 20,064
both Am. Sub. S.B. 2 and Sub. H.B. 167 of the 121st General 20,065
Assembly, with the new language of neither of the acts shown in 20,066
capital letters. Section 5153.16 of the Revised Code is 20,067
presented in this act as a composite of the section as amended by 20,068
both Am. Sub. H.B. 215 and Sub. H.B. 408 of the 122nd General 20,069
Assembly, with the new language of neither of the acts shown in 20,070
478
capital letters. This is in recognition of the principle stated 20,072
in division (B) of section 1.52 of the Revised Code that such 20,073
amendments are to be harmonized where not substantively 20,074
irreconcilable and constitutes a legislative finding that such is 20,075
the resulting version in effect prior to the effective date of 20,076
this act.
Section 8. The Department of Human Services shall conduct 20,078
a study regarding the efficacy of continuing to impose the 20,079
processing charge required by division (G) of section 2301.35 of 20,080
the Revised Code in light of the centralized collection and 20,082
disbursement system established by this act. The Department 20,083
shall file the results of the study with the Governor, the 20,084
Speaker and Minority Leader of the House of Representatives, and
the President and Minority Leader of the Senate by July 1, 1998. 20,086
The study shall include a cost benefit analysis of the costs of 20,087
collecting the charge as compared to the loss of federal funding 20,088
that occurs as a result of its collection. It shall also include 20,089
a recommendation regarding alternative sources of funding to 20,090
restore any net loss of funding that would occur if the charge 20,091
were no longer imposed. 20,092
Section 9. The Department of Human Services shall conduct 20,094
a study and prepare a report regarding the exchange of 20,095
information between the Division of Child Support and financial 20,096
institutions pursuant to agreements entered into under section 20,097
5101.315 of the Revised Code. The study shall be based upon an 20,098
examination of information sharing between a single financial 20,099
institution and the Division and a survey of other financial 20,100
institutions doing business in the state. The study shall 20,101
include information concerning the type of automation used by 20,102
financial institutions, the number of accounts maintained by each 20,103
financial institution surveyed, and statistics relating to the 20,104
effectiveness of information sharing between financial 20,105
institutions and the Division as a method of enforcing support 20,106
orders, including a comparison of the costs incurred in sharing 20,107
479
information and the amount of assets of defaulting obligors that 20,108
can reasonably be expected to be located as a result of 20,109
information sharing between financial institutions and the 20,110
Division. The Department shall file the report with the 20,111
Governor, the Speaker and Minority Leader of the House of 20,112
Representatives, and the President and Minority Leader of the 20,113
Senate not later than April 30, 1999. 20,114
Section 10. Consistent with the intent of the General 20,116
Assembly in passing Section 147 of Am. Sub. H.B. 215 of the 122nd 20,117
General Assembly, any unused principal in the Human Services 20,118
Stabilization Fund at the end of fiscal year 1997 shall be 20,119
retained in that fund notwithstanding Section 177 of Am. Sub.
H.B. 117 of the 121st General Assembly. The General Assembly 20,120
hereby ratifies any action taken prior to the effective date of 20,121
this section consistent with this intent. 20,122
Section 11. This act is hereby declared to be an emergency 20,124
measure necessary for the immediate preservation of the public 20,125
peace, health, and safety. The reason for such necessity is that 20,127
the Department of Human Services faces the imposition of federal 20,128
sanctions if certain provisions of this act are not implemented 20,129
on or before October 1, 1997. Therefore, this act shall go into 20,130
immediate effect.