As Introduced 1
122nd General Assembly 4
Regular Session S. B. No. 170 5
1997-1998 6
SENATOR CUPP 8
10
A B I L L
To amend sections 124.10, 1901.19, 2329.66, 2329.70, 12
2333.21, 2716.01, 2716.02, 2716.03, 2716.04, 13
2716.05, 2716.06, 2716.11, 2716.13, 2716.21, 14
3111.23, and 3113.21 and to enact sections
2716.041, 2716.07, 2716.08, and 2716.09 of the 15
Revised Code to permit a continuous order of wage 16
garnishment under specified circumstances and to 17
eliminate the thirty-day limitation upon
successive wage garnishments. 18
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 20
Section 1. That sections 124.10, 1901.19, 2329.66, 22
2329.70, 2333.21, 2716.01, 2716.02, 2716.03, 2716.04, 2716.05, 23
2716.06, 2716.11, 2716.13, 2716.21, 3111.23, and 3113.21 be 24
amended and sections 2716.041, 2716.07, 2716.08, and 2716.09 of 25
the Revised Code be enacted to read as follows: 26
Sec. 124.10. (A) Any creditor or judgment creditor of an 35
employee or officer of the state may maintain against the state 36
any action or A proceeding in attachment or garnishment, or in 38
aid of execution OF PERSONAL EARNINGS UNDER CHAPTER 2716. OF THE 39
REVISED CODE to subject to the payment of his claim or THE 40
JUDGMENT CREDITOR'S judgment any salary, wages, or other
compensation owing THAT IS OWED OR WILL BE OWED to any such THE 42
employee or officer of the state, in the same manner, to the same 43
extent, and in the same courts as any creditor or judgment 44
creditor may SUBJECT, under the laws of this state, subject 45
moneys ANY SALARY, WAGES, OR OTHER COMPENSATION due his debtor or 47
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A judgment debtor from any person EMPLOYER. IN 48
In any such action or proceeding OF THAT NATURE against the 51
state, the order and notice of attachment, garnishment, or 52
proceeding in aid of execution OF PERSONAL EARNINGS shall be
served upon the director of administrative services and shall set 54
forth the name of the state agency in which such debtor or THE 55
judgment debtor is employed.
(B) If, at the time an order and notice of garnishment is 57
served upon the director of administrative services pursuant to 58
section 2716.05 of the Revised Code, he has lost administrative 60
control of disposable earnings of the defendant that are being 61
held back, the director may answer question 4(B) of the "Answer 62
of Employer (Garnishee)." In such a case, the director, as 63
garnishee, shall answer the order and notice of garnishment on 64
the first workday following the defendant's next subsequent pay 65
period, notwithstanding any other different time of answer 66
prescribed by Chapter 2716. of the Revised Code. If, at the time 67
an order and notice of garnishment is served upon him pursuant to 69
section 2716.05 of the Revised Code, the director has not lost 70
administrative control of disposable earnings of the defendant
that are being held back, the director, as garnishee, shall 71
answer the order and notice of garnishment on the first workday 72
following the then-current pay period, notwithstanding any 73
different time of answer prescribed by Chapter 2716. of the 74
Revised Code. 75
Sec. 1901.19. (A) Subject to the monetary jurisdiction of 84
municipal courts as set forth in section 1901.17 of the Revised 85
Code and the subject matter jurisdiction of municipal courts as 86
set forth in section 1901.18 of the Revised Code, a municipal 87
court and a housing or environmental division of a municipal 88
court have jurisdiction within its territory to perform all of 89
the following functions:
(1) To compel attendance of witnesses in any pending 91
action or proceeding in the same manner as the court of common 92
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pleas; 93
(2) To issue executions on its own judgments; 95
(3) In any legal or equitable action or proceeding, to 97
enforce the collection of its own judgments; 98
(4) To issue and enforce any order of attachment; 100
(5) In any action or proceeding in the nature of 102
creditors' bills, and in aid of execution, to subject the 103
interest of a judgment debtor in personal property to the payment 104
of a judgment of the court; 105
(6) To issue and enforce temporary protection orders 107
pursuant to section 2919.26 of the Revised Code and anti-stalking 108
protection orders pursuant to section 2903.213 of the Revised 109
Code. 110
(B) Subject to the limitation set forth in this division, 112
a municipal court or a housing or environmental division of a 113
municipal court has jurisdiction outside its territory in a 114
proceeding in aid of execution to subject to the payment of the 115
judgment the interest in personal property of a judgment debtor 116
under a judgment rendered by the court or division. The 117
jurisdiction provided in this division includes the county or 118
counties in which the territory of the court or division in 119
question is situated and any county that is contiguous to that in 120
which the court or division is located. A court or division that 121
has jurisdiction under this division outside its territory in a 122
proceeding in aid of execution has the same powers, duties, and 123
functions relative to the proceeding that it has relative to 124
proceedings in aid of execution over which it has jurisdiction 125
other than under this division. 126
(C)(1) In any action for PROCEEDING IN garnishment of 128
personal earnings brought in a municipal court, the court has 130
jurisdiction to serve process pursuant to section 2716.05 of the 131
Revised Code upon a garnishee who resides in a county contiguous 132
to that in which DOES NOT RESIDE WITHIN THE TERRITORY OF the 133
court is located.
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(2) In any action for PROCEEDING IN garnishment of 135
property, other than personal earnings, brought in a municipal 137
court under section 2716.11 of the Revised Code, the court has 138
jurisdiction to serve process pursuant to section 2716.13 of the 139
Revised Code upon a garnishee who resides in a county contiguous 140
to that in which DOES NOT RESIDE WITHIN THE TERRITORY OF the 141
court is located.
(3) Whenever a motion for attachment is filed in a 143
municipal court under section 2715.03 of the Revised Code, the 144
court has jurisdiction to serve process pursuant to section 145
2715.091 of the Revised Code upon a garnishee who resides in a 146
county contiguous to that in which the court is located. 147
(D) The municipal court of Cleveland also has jurisdiction 149
in all actions and proceedings in the nature of creditors' bills, 150
and in aid of execution to subject the interests of a judgment 151
debtor in real or personal property to the payment of a judgment 152
of the court. In such THOSE actions and proceedings, the court 153
may proceed to marshal and foreclose all liens on the property, 155
irrespective of the amount of the lien, and all vested or 156
contingent rights in the property. 157
Sec. 2329.66. (A) Every person who is domiciled in this 166
state may hold property exempt from execution, garnishment, 167
attachment, or sale to satisfy a judgment or order, as follows: 168
(1)(a) In the case of a judgment or order regarding money 170
owed for health care services rendered or health care supplies 171
provided to the person or a dependent of the person, one parcel 172
or item of real or personal property that the person or a 173
dependent of the person uses as a residence. Division (A)(1)(a) 174
of this section does not preclude, affect, or invalidate the 175
creation under this chapter of a judgment lien upon the exempted 176
property but only delays the enforcement of the lien until the 177
property is sold or otherwise transferred by the owner or in 178
accordance with other applicable laws to a person or entity other 179
than the surviving spouse or surviving minor children of the 180
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judgment debtor. Every person who is domiciled in this state may 181
hold exempt from a judgment lien created pursuant to division 182
(A)(1)(a) of this section the person's interest, not to exceed 183
five thousand dollars, in the exempted property. 184
(b) In the case of all other judgments and orders, the 186
person's interest, not to exceed five thousand dollars, in one 187
parcel or item of real or personal property that the person or a 188
dependent of the person uses as a residence. 189
(2) The person's interest, not to exceed one thousand 191
dollars, in one motor vehicle; 192
(3) The person's interest, not to exceed two hundred 194
dollars in any particular item, in wearing apparel, beds, and 195
bedding, and the person's interest, not to exceed three hundred 196
dollars in each item, in one cooking unit and one refrigerator or 197
other food preservation unit; 198
(4)(a) The person's interest, not to exceed four hundred 200
dollars, in cash on hand, money due and payable, money to become 201
due within ninety days, tax refunds, and money on deposit with a 202
bank, savings and loan association, credit union, public utility, 203
landlord, or other person. Division (A)(4)(a) of this section 204
applies only in bankruptcy proceedings. This exemption may 205
include the portion of personal earnings that is not exempt under 206
division (A)(13) of this section. 207
(b) Subject to division (A)(4)(d) of this section, the 209
person's interest, not to exceed two hundred dollars in any 210
particular item, in household furnishings, household goods, 211
appliances, books, animals, crops, musical instruments, firearms, 212
and hunting and fishing equipment, that are held primarily for 213
the personal, family, or household use of the person.; 214
(c) Subject to division (A)(4)(d) of this section, the 216
person's interest in one or more items of jewelry, not to exceed 217
four hundred dollars in one item of jewelry and not to exceed two 218
hundred dollars in every other item of jewelry.; 219
(d) Divisions (A)(4)(b) and (c) of this section do not 221
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include items of personal property listed in division (A)(3) of 222
this section. 223
If the person does not claim an exemption under division 225
(A)(1) of this section, the total exemption claimed under 226
division (A)(4)(b) of this section shall be added to the total 227
exemption claimed under division (A)(4)(c) of this section, and 228
the total shall not exceed two thousand dollars. If the person 229
claims an exemption under division (A)(1) of this section, the 230
total exemption claimed under division (A)(4)(b) of this section 231
shall be added to the total exemption claimed under division 232
(A)(4)(c) of this section, and the total shall not exceed one 233
thousand five hundred dollars. 234
(5) The person's interest, not to exceed an aggregate of 236
seven hundred fifty dollars, in all implements, professional 237
books, or tools of the person's profession, trade, or business, 238
including agriculture; 240
(6)(a) The person's interest in a beneficiary fund set 242
apart, appropriated, or paid by a benevolent association or 243
society, as exempted by section 2329.63 of the Revised Code; 244
(b) The person's interest in contracts of life or 246
endowment insurance or annuities, as exempted by section 3911.10 247
of the Revised Code; 248
(c) The person's interest in a policy of group insurance 250
or the proceeds of a policy of group insurance, as exempted by 251
section 3917.05 of the Revised Code; 252
(d) The person's interest in money, benefits, charity, 254
relief, or aid to be paid, provided, or rendered by a fraternal 255
benefit society, as exempted by section 3921.18 of the Revised 256
Code; 257
(e) The person's interest in the portion of benefits under 259
policies of sickness and accident insurance and in lump-sum 260
payments for dismemberment and other losses insured under those 261
policies, as exempted by section 3923.19 of the Revised Code. 262
(7) The person's professionally prescribed or medically 264
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necessary health aids; 265
(8) The person's interest in a burial lot, including, but 267
not limited to, exemptions under section 517.09 or 1721.07 of the 268
Revised Code; 269
(9) The person's interest in the following: 271
(a) Moneys paid or payable for living maintenance or 273
rights, as exempted by section 3304.19 of the Revised Code; 274
(b) Workers' compensation, as exempted by section 4123.67 277
of the Revised Code; 278
(c) Unemployment compensation benefits, as exempted by 280
section 4141.32 of the Revised Code; 281
(d) Aid to dependent children payments, as exempted by 283
section 5107.12 of the Revised Code; 284
(e) Disability assistance payments, as exempted by section 286
5115.07 of the Revised Code. 287
(10)(a) Except in cases in which the person was convicted 289
of or pleaded guilty to a violation of section 2921.41 of the 290
Revised Code and in which an order for the withholding of 291
restitution from payments was issued under division (C)(2)(b) of 292
that section or in cases in which an order for withholding was 293
issued under section 2907.15 of the Revised Code, and only to the 294
extent provided in the order, and except as provided in sections 298
2929.181, 3105.171, 3105.63, 3111.23, and 3113.21 of the Revised 299
Code, the person's right to a pension, benefit, annuity, 300
retirement allowance, or accumulated contributions, the person's 301
right to a participant account in any deferred compensation 302
program offered by the Ohio public employees deferred 303
compensation board, a government unit, or a municipal 304
corporation, or the person's other accrued or accruing rights, as 305
exempted by section 145.56, 145.75, 146.13, 742.47, 3307.71, 306
3309.66, or 5505.22 of the Revised Code, and the person's right 307
to benefits from the firemen and policemen's death benefit fund; 308
(b) Except as provided in sections 3111.23 and 3113.21 of 311
the Revised Code, the person's right to receive a payment under 312
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any pension, annuity, or similar plan or contract, not including 313
a payment from a stock bonus or profit-sharing plan or a payment 314
included in division (A)(6)(b) or (10)(a) of this section, on 315
account of illness, disability, death, age, or length of service, 316
to the extent reasonably necessary for the support of the person 317
and any of the person's dependents, except if all the following 318
apply: 319
(i) The plan or contract was established by or under the 321
auspices of an insider that employed the person at the time the 322
person's rights under the plan or contract arose. 323
(ii) The payment is on account of age or length of 325
service. 326
(iii) The plan or contract is not qualified under the 328
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C. 1, as 329
amended. 330
(c) Except for any portion of the assets that were 332
deposited for the purpose of evading the payment of any debt and 333
except as provided in sections 3111.23 and 3113.21 of the Revised 335
Code, the person's right in the assets held in, or to receive any 336
payment under, any individual retirement account, individual 337
retirement annuity, or Keogh or "H.R. 10" plan that provides 338
benefits by reason of illness, disability, death, or age, to the 339
extent reasonably necessary for the support of the person and any 340
of the person's dependents. 341
(11) The person's right to receive spousal support, child 343
support, an allowance, or other maintenance to the extent 344
reasonably necessary for the support of the person and any of the 345
person's dependents; 347
(12) The person's right to receive, or moneys received 349
during the preceding twelve calendar months from, any of the 350
following: 351
(a) An award of reparations under sections 2743.51 to 353
2743.72 of the Revised Code, to the extent exempted by division 354
(D) of section 2743.66 of the Revised Code; 355
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(b) A payment on account of the wrongful death of an 357
individual of whom the person was a dependent on the date of the 358
individual's death, to the extent reasonably necessary for the 359
support of the person and any of the person's dependents; 360
(c) Except in cases in which the person who receives the 362
payment is an inmate, as defined in section 2969.21 of the 363
Revised Code, and in which the payment resulted from a civil 364
action or appeal against a government entity or employee, as 365
defined in section 2969.21 of the Revised Code, a payment, not to
exceed five thousand dollars, on account of personal bodily 367
injury, not including pain and suffering or compensation for 368
actual pecuniary loss, of the person or an individual for whom 369
the person is a dependent;
(d) A payment in compensation for loss of future earnings 371
of the person or an individual of whom the person is or was a 372
dependent, to the extent reasonably necessary for the support of 373
the debtor and any of the debtor's dependents. 374
(13) Except as provided in sections 3111.23 and 3113.21 of 377
the Revised Code, personal earnings of the person owed to the
person for services rendered within thirty days before the 379
issuing of an attachment or other process, the rendition of a 380
judgment, or the making of an order, under which the attempt may 381
be made to subject those earnings to the payment of a debt, 382
damage, fine, or amercement, in an amount equal to the greater of 383
the following amounts:
(a) If paid weekly, thirty times the current federal 385
minimum hourly wage; if paid biweekly, sixty times the current 386
federal minimum hourly wage; if paid semimonthly, sixty-five 387
times the current federal minimum hourly wage; or if paid 388
monthly, one hundred thirty times the current federal minimum 389
hourly wage that is in effect at the time the earnings are 390
payable, as prescribed by the "Fair Labor Standards Act of 1938," 391
52 Stat. 1060, 29 U.S.C. 206(a)(1), as amended; 392
(b) Seventy-five per cent of the disposable earnings owed 394
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to the person. 395
(14) The person's right in specific partnership property, 397
as exempted by division (B)(3) of section 1775.24 of the Revised 398
Code; 399
(15) A seal and official register of a notary public, as 401
exempted by section 147.04 of the Revised Code; 402
(16) The person's interest in a tuition credit or a 404
payment under section 3334.09 of the Revised Code pursuant to a 405
tuition credit contract, as exempted by section 3334.15 of the 406
Revised Code;
(17) Any other property that is specifically exempted from 408
execution, attachment, garnishment, or sale by federal statutes 409
other than the "Bankruptcy Reform Act of 1978," 92 Stat. 2549, 11 410
U.S.C.A. 101, as amended; 411
(18) The person's interest, not to exceed four hundred 413
dollars, in any property, except that division (A)(18) of this 414
section applies only in bankruptcy proceedings. 415
(B) As used in this section: 417
(1) "Disposable earnings" means net earnings after the 419
garnishee has made deductions required by law, excluding the 420
deductions ordered pursuant to section 3111.23 or 3113.21 of the 422
Revised Code. 423
(2) "Insider" means: 425
(a) If the person who claims an exemption is an 427
individual, a relative of the individual, a relative of a general 428
partner of the individual, a partnership in which the individual 429
is a general partner, a general partner of the individual, or a 430
corporation of which the individual is a director, officer, or in 431
control; 432
(b) If the person who claims an exemption is a 434
corporation, a director or officer of the corporation; a person 435
in control of the corporation; a partnership in which the 436
corporation is a general partner; a general partner of the 437
corporation; or a relative of a general partner, director, 438
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officer, or person in control of the corporation; 439
(c) If the person who claims an exemption is a 441
partnership, a general partner in the partnership; a general 442
partner of the partnership; a person in control of the 443
partnership; a partnership in which the partnership is a general 444
partner; or a relative in, a general partner of, or a person in 445
control of the partnership; 446
(d) An entity or person to which or whom any of the 448
following applies: 449
(i) The entity directly or indirectly owns, controls, or 451
holds with power to vote, twenty per cent or more of the 452
outstanding voting securities of the person who claims an 453
exemption, unless the entity holds the securities in a fiduciary 454
or agency capacity without sole discretionary power to vote the 455
securities or holds the securities solely to secure to debt and 456
the entity has not in fact exercised the power to vote. 457
(ii) The entity is a corporation, twenty per cent or more 459
of whose outstanding voting securities are directly or indirectly 460
owned, controlled, or held with power to vote, by the person who 461
claims an exemption or by an entity to which division 462
(B)(2)(d)(i) of this section applies. 463
(iii) A person whose business is operated under a lease or 465
operating agreement by the person who claims an exemption, or a 466
person substantially all of whose business is operated under an 467
operating agreement with the person who claims an exemption. 468
(iv) The entity operates the business or all or 470
substantially all of the property of the person who claims an 471
exemption under a lease or operating agreement. 472
(e) An insider, as otherwise defined in this section, of a 474
person or entity to which division (B)(2)(d)(i), (ii), (iii), or 475
(iv) of this section applies, as if the person or entity were a 476
person who claims an exemption; 477
(f) A managing agent of the person who claims an 479
exemption. 480
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(3) "Participant account" has the same meaning as in 482
section 145.71 of the Revised Code. 483
(4) "Government unit" has the same meaning as in section 485
145.74 of the Revised Code. 486
(C) For purposes of this section, "interest" shall be 488
determined as follows: 489
(1) In bankruptcy proceedings, as of the date a petition 491
is filed with the bankruptcy court commencing a case under Title 492
11 of the United States Code; 493
(2) In all cases other than bankruptcy proceedings, as of 495
the date of an appraisal, if necessary under section 2329.68 of 496
the Revised Code, or the issuance of a writ of execution. 497
An interest, as determined under division (C)(1) or (2) of 499
this section, shall not include the amount of any lien otherwise 500
valid pursuant to section 2329.661 of the Revised Code. 501
Sec. 2329.70. Any person upon whom a demand has been made 510
in accordance with section 2716.02 of the Revised Code may apply 511
to any judge of a county court or judge of a municipal court 512
within this state, in whose jurisdiction he THE PERSON resides, 514
or, if he THE PERSON is not a resident of Ohio THIS STATE, in 515
whose jurisdiction his THE PERSON'S place of employment is 518
located, for the appointment of a trustee to receive that portion 519
of the personal earnings of the debtor that is not exempt from 520
execution, GARNISHMENT, attachment, or proceedings in aid of 521
execution, and such ANY additional sums as THAT the debtor 522
voluntarily pays or assigns to the trustee. Such THE person 523
shall file with his THE PERSON'S application a full, accurate, 525
and complete statement, under oath, of the names of his THE 526
PERSON'S secured and unsecured creditors with liquidated claims, 528
their addresses, and THE amount due to each OF THEM. Upon such 529
THAT application and filing, such THE judge shall appoint a 530
trustee to distribute such THE funds to the creditors of the 531
debtor at the time of the application and filing. 532
If a debtor fails, through mistake or otherwise, to list a 534
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creditor, that creditor or debtor may apply to the court, with 535
notice to the other party, to list such creditors THE OMITTED 536
CREDITOR in the trusteeship. Any person who becomes a creditor 538
after the appointment of a trustee, may be listed in such THE 539
trusteeship, and such THAT creditor shall share in any 540
distribution made by the trustee after the next ensuing 542
distribution.
No proceedings in GARNISHMENT, attachment, in OR aid of 545
execution, or other action OR PROCEEDING to subject the personal 546
earnings of the debtor to the payment of claims shall be brought 547
or maintained by any creditor so AS long as at least the amount 548
of the personal earnings of such THE debtor THAT IS not exempt 549
from execution, GARNISHMENT, attachment, or proceedings in aid of 551
execution are IS paid to the trustee at regular intervals as 552
fixed by the county court JUDGE or the municipal court judge. 553
This section does not prohibit creditors from recovering judgment 554
against such THE debtor or prohibit levy, under a writ of 555
attachment or execution, upon any other property which THAT is 557
not exempt from execution. 559
The maintaining of a proceedings in GARNISHMENT, 561
attachment, in aid of execution, or otherwise in violation of 562
this section shall be void IS PROHIBITED and may be prevented by 563
A writ of prohibition in addition to all other remedies provided 564
by law. Such THE judge OF THE COUNTY COURT OR MUNICIPAL COURT 566
shall provide by rule or otherwise for notice to creditors, the 567
authentication and proof of claims, and THE time and manner of 568
payment of BY the debtor, the distribution of funds, the bond of 571
the trustee if required, and for all other matters necessary or 572
proper to carry into effect the jurisdiction conferred by this 573
section.
The personal earnings of the debtor THAT ARE exempted by 575
law shall not be liable to the plaintiff for the costs of any 576
proceedings brought to recover a judgment for debt, damage, fine, 577
or amercement, nor OR for THE COSTS OF any proceedings in 578
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GARNISHMENT, attachment, or aid of execution to satisfy such THAT 580
judgment, provided such IF THE debtor has listed said THAT 581
creditor as to name, amount of THAT CREDITOR'S claim, and the 582
amount due as provided in section 2716.02 of the Revised Code, ON 583
THAT CLAIM and makes payment as provided for in this section. 584
Upon such AN application for a trustee, the A judge in OF 587
the court in which such THE application is made shall designate 588
the clerk of such THE court to act as trustee, and the clerk 589
shall serve AS TRUSTEE without additional compensation and his. 590
THE CLERK'S official bond shall be construed as conditioned upon 593
the fulfillment of the trust, and no additional bond shall be 594
required.
The trusteeship shall terminate upon the failure of the 596
debtor to make the payments required by this section and in 597
accordance with the rules established by the county court or 598
municipal judge, and all COURT. THE privileges in CONFERRED BY 600
this section THAT exempt THAT DEBTOR'S PERSONAL EARNINGS from 601
PROCEEDINGS IN GARNISHMENT, attachment, garnishment, proceedings 602
in OR aid of execution, or any other action OR PROCEEDING to 603
subject THE personal earnings of such THAT debtor to THE payment 604
of claims or judgments shall terminate upon such THAT neglect. 605
If a trusteeship is dismissed for nonpayment, as provided 607
by this section, the trusteeship shall not be reinstated, and the 608
debtor shall not be permitted to file FOR a new trusteeship for a 609
period of six months from date of THE dismissal of the 610
trusteeship, unless, upon motion supported by affidavit, he THE 611
DEBTOR proves to the satisfaction of the court that THE failure 614
to maintain the trusteeship agreement was not due to willful 615
neglect.
Sec. 2333.21. The judge may order any property of the 624
judgment debtor, THAT IS not exempt by law, to be applied toward 626
the satisfaction of the judgment, but the earnings of the
JUDGMENT debtor for his personal services, within thirty days 627
next preceding the order, shall be applied only in accordance 628
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with sections 2329.66 and 2329.70, and Chapter 2716. of the 630
Revised Code.
Sec. 2716.01. (A) A person who obtains a judgment against 639
another person may garnish the personal earnings of the person 640
against whom judgment was obtained, only through a proceeding in 641
garnishment of personal earnings, and only in accordance with 642
this chapter. 643
(B) A person who obtains a judgment against another person 645
may garnish the property, other than personal earnings, of the 646
person against whom judgment was obtained, if the property is in 647
the possession of a person other than the person against whom 648
judgment was obtained, only through a proceeding in garnishment 649
and only in accordance with this chapter. 650
(C) As used in this chapter: 652
(1) "Employer" means a person who is required to withhold 654
taxes out of payments of personal earnings made to a judgment 655
debtor. 656
(2) "Personal earnings" means money, or any other 658
consideration or thing of value, that is paid or due to a person 659
in exchange for work, labor, or personal services provided by the 660
person to an employer. 661
(3) "Judgment creditor" means a person who has obtained a 663
judgment in a civil action against another person. 664
(4) "Judgment debtor" means a person against whom a 666
judgment has been obtained in a civil action. 667
(5) "SUPPORT ORDER" HAS THE SAME MEANING AS IN SECTION 669
3113.21 OF THE REVISED CODE. 670
Sec. 2716.02. Any person seeking an order of garnishment 679
of personal earnings, after obtaining a judgment, shall make the 680
following demand in writing for the excess of the amount of the 681
judgment over the amount of personal earnings exempt from 682
execution, GARNISHMENT, attachment, or sale to satisfy a judgment 683
or order, or FOR so much of the excess as will satisfy the 685
judgment. The demand shall be made after THE judgment is 686
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obtained and at least fifteen days and not more than forty-five 687
days before the order is sought by delivering it to the judgment 688
debtor by personal service by the court, by sending it to the 689
judgment debtor by certified mail, return receipt requested, or 690
by sending it to the judgment debtor by regular mail, which shall 691
be evidenced by a properly completed and stamped certificate of 692
mailing by regular mail, addressed to the judgment debtor's last 693
known place of residence.
The demand shall be made as follows: 695
"NOTICE OF COURT PROCEEDING TO COLLECT DEBT 697
Date of mailing or date of service by the court ................. 699
To: ..................................................... 701
(Name of Judgment Debtor) 702
......................................................... 703
(Last Known Residence Address of Judgment Debtor) 704
You owe the undersigned ................................. 705
(Name of Judgment Creditor) 706
$................., including interest and court costs, for which 709
a judgment was obtained against you or certified in the
.................. court on ........................., payment of 711
which is hereby demanded.
If you do not do one of the three things listed below 713
within fifteen days of the date of the mailing of this notice or 714
of its service by the court, we will go to court, unless we are 715
otherwise precluded by law from doing so, and ask that your 716
employer be ordered to withhold money from your earnings UNTIL 717
THE JUDGMENT IS PAID IN FULL OR, IF APPLICABLE, IS PAID TO A 718
CERTAIN EXTENT and TO pay it THE WITHHELD MONEY to the court to 719
satisfy IN SATISFACTION OF your debt. This is called garnishment 720
of personal earnings. 721
It is to your advantage to avoid garnishment of personal 723
earnings because the placing of the extra burden on your employer 724
possibly could cause you to lose your job. 725
YOU CAN AVOID THE GARNISHMENT BY DOING ONE OF THESE THREE 727
17
THINGS WITHIN THE FIFTEEN-DAY PERIOD: 728
(1) Pay to us the amount due; 730
(2) Complete the attached form entitled "Payment to Avoid 732
Garnishment" and return it to us with the payment, if any, shown 733
due on it; or 734
(3) Apply to your local municipal or county court or, if 736
you are not a resident of Ohio, to the municipal or county court 737
in whose jurisdiction your place of employment is located, for 738
the appointment of a trustee to receive the part of your earnings 739
that is not exempt from garnishment, and notify us that you have 740
applied for the appointment of a trustee. You will be required 741
to list your creditors, THE AMOUNTS OF THEIR CLAIMS, AND THE 742
AMOUNTS DUE ON THEIR CLAIMS, and the amount you will then WILL 743
pay to your trustee each payday will be divided among them until 745
the debts are paid off. This can be to your advantage because in 746
the meantime none of those creditors can garnish your wages. 747
You also may contact a budget and debt counseling service 750
described in division (D) of section 2716.03 of the Revised Code
for the purpose of entering into an agreement for debt 751
scheduling. There may not be enough time to set up such an 752
agreement FOR DEBT SCHEDULING in order to avoid a garnishment of 753
your wages based upon this demand for payment, but entering into 755
such an agreement FOR DEBT SCHEDULING might protect you from 756
future garnishments of your wages. Under such an agreement FOR 757
DEBT SCHEDULING, you will have to regularly pay a portion of your 759
income to the service until the debts subject to the agreement 760
are paid off. This portion of your income will be paid by the 761
service to your creditors who are owed debts subject to the 762
agreement. This can be to your advantage because these creditors 763
cannot garnish your wages while you make your payments to the 764
service on time.
................................... 766
(Name of Judgment Creditor) 767
................................... 768
18
(Signature of Judgment Creditor 769
or Agent) 770
................................... 771
................................... 772
................................... 773
(Address of Judgment Creditor) 774
PAYMENT TO AVOID GARNISHMENT 776
To: ................................................. 778
(Name of Judgment Creditor) 779
................................................. 780
................................................. 781
(Address of Judgment Creditor) 782
To avoid the garnishment of personal earnings of which you 784
have given me notice, I enclose $ ............... to apply toward 785
my indebtedness to you. The amount of the payment was computed 786
as follows: 787
1. Total amount of indebtedness demanded: 789
(1) $.............. 790
2. Enter the amount of your PERSONAL earnings, after 792
deductions required by law, owed to EARNED BY you for DURING the 794
previous CURRENT pay period (but do not enter earnings owed for a 795
THAT IS, THE PAY period exceeding one month IN WHICH THIS DEMAND 796
IS RECEIVED BY YOU):
(2) $.............. 797
3. Enter your pay period (weekly, bi-weekly BIWEEKLY, 799
semi-monthly SEMIMONTHLY, monthly): 800
(3) ............... 801
4. Enter an amount equal to 25% of the amount on line (2): 803
(4) $.............. 804
5. (A) The current federal minimum hourly wage is 806
.......... (to be filled in by Judgment Creditor) 807
(You should use the above figure to complete this portion 809
of the form.) If you are paid weekly, enter thirty times the 810
current federal minimum hourly wage; if paid bi-weekly BIWEEKLY, 811
19
enter sixty times the current federal minimum hourly wage; if 813
paid semi-monthly SEMIMONTHLY, enter sixty-five times the current 814
federal minimum hourly wage; if paid monthly, enter one hundred 816
thirty times the current federal minimum hourly wage: 817
(5A)5(A) $.............. 818
(B) Enter the amount by which the amount on line (2) 820
exceeds the amount on line 5(A): 821
(5B)5(B) $.............. 822
6. Enter the lesser SMALLEST of the amounts on lines (1), 825
(4), or 5(B). Send this amount to the judgment creditor along 826
with this form after you have signed it: 827
(6) $.............. 828
I certify that the statements contained above are true to 830
the best of my knowledge and belief. 831
................................... 833
(Signature of Judgment Debtor) 834
................................... 835
................................... 836
................................... 837
(Print Name and Residence Address 838
of Judgment Debtor) 839
I certify that the amount shown on line (2) is a true 842
statement of the judgment debtor's earnings. 843
................................... 845
(Print Name of Employer) 846
................................... 847
(Signature of Employer or Agent)" 848
Sec. 2716.03. (A) A proceeding in garnishment of personal 859
earnings may be commenced after a judgment has been obtained by a 860
judgment creditor by the filing of an affidavit in writing made 861
by the judgment creditor or the judgment creditor's agent or the 863
judgment creditor's attorney setting forth all of the following:
(1) The name of the judgment debtor whose personal 865
earnings the judgment creditor seeks to garnish; 866
20
(2) That the affiant has good reason to believe and does 868
believe that the person, partnership, LIMITED LIABILITY COMPANY, 869
or corporation named in the affidavit as the garnishee is an 871
employer of the judgment debtor who has personal earnings of the 872
judgment debtor that are not exempt under section 2329.66 of the 873
Revised Code;
(3) That the demand in writing, as required by section 875
2716.02 of the Revised Code, has been made; 876
(4) That the payment demanded in the notice required by 878
section 2716.02 of the Revised Code has not been made, nor has 880
AND a sufficient portion OF THE PAYMENT DEMANDED HAS NOT been 881
made to prevent the garnishment of personal earnings as described 882
in section 2716.02 of the Revised Code; 883
(5) That THE affiant has no knowledge of any application 885
by the judgment debtor for the appointment of a trustee so as to 886
preclude the garnishment of THE judgment debtor's personal 887
earnings;
(6) That the affiant has no knowledge that the debt to 889
which the affidavit pertains is the subject of a debt scheduling 890
agreement of such a nature that it precludes the garnishment of 891
the personal earnings of the judgment debtor under division (B) 892
of this section. 893
(B) No proceeding in garnishment of personal earnings 895
shall be brought against a judgment debtor sooner than thirty 896
days after the filing of the last successful proceeding in 897
garnishment of personal earnings against the judgment debtor, 898
regardless of who brings the proceeding or who brought the last 899
successful proceeding. No proceeding in garnishment of personal 900
earnings shall be brought against a judgment debtor for the 901
collection of a debt that is the subject of an agreement for debt 902
scheduling between the judgment debtor and a budget and debt 904
counseling service, unless any payment to be made by the judgment 905
debtor, or by a budget and debt counseling service to the 907
judgment creditor under the agreement for debt scheduling between 908
21
the judgment debtor and the budget and debt counseling service, 910
is due and unpaid for more than forty-five days after the date on 911
which the payment became due, or unless the judgment creditor 912
previously was notified by the service that the debt scheduling 913
agreement between the judgment debtor and the service was 914
terminated. 915
(C) Upon the filing A COURT'S ISSUANCE of a proceeding in 918
AN ORDER OF garnishment of personal earnings FOLLOWING A JUDGMENT 919
CREDITOR'S FILING OF AN AFFIDAVIT under this section AND
COMPLIANCE WITH SECTION 2716.04 OF THE REVISED CODE, the 920
garnishee and the judgment debtor shall be notified of the 921
proceeding IN GARNISHMENT OF PERSONAL EARNINGS in accordance with 923
sections 2716.05 and 2716.06 of the Revised Code.
(D) As used in this chapter: 925
(1) A "budget and debt counseling service" or "service" 928
means a corporation organized under Chapter 1702. of the Revised 929
Code for the purpose of counseling consumers with respect to 930
their financial obligations and assisting them in dealing with 931
their creditors. 932
(2) "Debt scheduling" means counseling and assistance 934
provided to a consumer by a budget and debt counseling service 936
under all of the following circumstances: 937
(a) The counseling and assistance is manifested in an 939
agreement between the consumer and the service under which the 940
consumer regularly pays that portion of the consumer's income to 941
the service that has been determined not to be required for the 943
maintenance of health or the essentials of life;. 944
(b) The payments are made to the service until the debts 946
of the consumer that are the subject of the agreement are fully 947
retired;. 948
(c) The service has sent written notice, by certified 950
mail, return receipt requested, or by regular mail evidenced by a 951
properly completed and stamped certificate of mailing by regular 952
mail, to the creditors of the consumer that are disclosed by the 953
22
consumer to the service. The notice shall contain all of the 955
following: 956
(i) A statement of the consumer's intent to participate in 958
debt scheduling; 959
(ii) A summary of the consumer's income, proposed itemized 961
budget, schedule of creditors, and proposed debt retirement plan; 962
(iii) A statement of the particular creditor's duty to 964
respond, in writing, to the service regarding the consumer's 965
participation in debt scheduling within fifteen days after 966
receiving the notice. 967
(d) The debts of the consumer that are the subject of the 969
agreement for debt scheduling are determined as follows: 970
(i) Any debt owed to a creditor that was notified of the 972
consumer's intent to participate is a subject of the agreement if 973
the creditor responds to the service and enters into an agreement 974
with the service, pursuant to which agreement the creditor agrees 975
not to attempt to collect the debts of the consumer as long as 976
the consumer regularly pays to the service the amount previously 977
agreed upon by the service and the consumer and no payment to be 978
made by the judgment debtor to the service or by the service to 979
the creditor is due and unpaid for more than forty-five days 980
after the date on which the payment became due, as long as the 981
debt scheduling agreement between the consumer and the service 982
has not been terminated, and as long as the service regularly 983
pays to the creditor a mutually acceptable amount, which amount 984
THAT is either the amount agreed upon by the service and the 985
creditor on the date they entered into their original agreement 986
or an amount agreed upon by both the service and the creditor on 987
a date after the date of the original agreement;. 988
(ii) Any debt owed to a creditor that was notified of the 990
consumer's intent to participate is a subject of the agreement if 991
the creditor does not respond to the service and state the 992
creditor's objection, in writing, to the consumer's participation 993
in debt scheduling within fifteen days after receiving notice of 994
23
the consumer's intention to do so; however, no debt that is 995
subject to a lien or security interest of any type, other than a 996
judgment lien or execution lien, shall be a subject of the 997
agreement unless the creditor specifically assents, in writing, 998
to the debt being a subject of the agreement. The creditor shall 999
be considered to have entered into an agreement of the type 1,000
described in division (D)(2)(d)(i) of this section, and the 1,001
amount to be regularly paid by the service to the creditor shall 1,002
be an amount determined to be reasonable by the service or an 1,003
amount agreed upon by both the service and the creditor on a date 1,004
after the expiration of the fifteen-day period. 1,005
(iii) Any debt owed to a creditor that was not notified of 1,007
the consumer's intent to participate, or a debt owed to a 1,008
creditor that was notified of the consumer's intent to 1,009
participate and that responded to the service and stated its 1,010
objection, in writing, to the consumer's participation in debt 1,011
scheduling within fifteen days after receiving notice of the 1,012
consumer's intention to do so, is not a subject of the agreement. 1,013
(e) The service agrees that, if the consumer fails to make 1,015
a payment under the agreement within forty-five days of its due 1,016
date or if the agreement is terminated, the service will notify 1,017
each creditor that is owed a debt that is subject to the 1,018
agreement of the failure or termination by regular mail within 1,019
two business days of the failure or termination, and the service 1,020
provides that notice in accordance with the agreement. 1,021
Sec. 2716.04. The affidavit required by section 2716.03 of 1,030
the Revised Code in a proceeding for garnishment of personal 1,031
earnings shall be accompanied by the return receipt requested for 1,032
the written demand made pursuant to section 2716.02 of the 1,033
Revised Code, the unclaimed letter, or a photographic or other
direct image copy of the receipt or letter if the demand was sent 1,034
by certified letter MAIL, return receipt requested; by proof of 1,035
service by the court of the demand; or by a properly completed 1,036
and stamped certificate of mailing by regular mail, a 1,037
24
photographic or other direct image copy of the demand, and a 1,038
sworn statement that it was sent by regular mail. The affidavit 1,039
also shall be accompanied by one dollar TEN DOLLARS as the 1,040
garnishee's fee for compliance with the order, no part of which 1,041
AND THAT FEE shall be charged as court costs.
Sec. 2716.041. (A) WHEN A MUNICIPAL COURT, COUNTY COURT, 1,044
OR COURT OF COMMON PLEAS ISSUES AN ORDER OF GARNISHMENT OF 1,045
PERSONAL EARNINGS FOLLOWING A JUDGMENT CREDITOR'S FILING OF AN 1,046
AFFIDAVIT IN ACCORDANCE WITH SECTION 2716.03 OF THE REVISED CODE 1,048
AND THE JUDGMENT CREDITOR'S COMPLIANCE WITH SECTION 2716.04 OF 1,049
THE REVISED CODE, THE ORDER SHALL OPERATE IN THE MANNER DESCRIBED 1,052
IN THIS SECTION, BE SERVED UPON THE GARNISHEE IN ACCORDANCE WITH 1,053
SECTION 2716.05 OF THE REVISED CODE, BE ANSWERED BY THE GARNISHEE 1,056
IN ACCORDANCE WITH DIVISION (F) OF THIS SECTION AND SECTIONS 1,058
2716.05 AND 2716.21 OF THE REVISED CODE, AND BE SERVED UPON THE 1,060
JUDGMENT DEBTOR IN ACCORDANCE WITH SECTION 2716.06 OF THE REVISED 1,062
CODE. 1,063
(B) EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, AN ORDER 1,066
OF GARNISHMENT OF PERSONAL EARNINGS SHALL BE A CONTINUOUS ORDER 1,067
THAT REQUIRES THE GARNISHEE TO WITHHOLD A SPECIFIED AMOUNT FROM 1,068
THE JUDGMENT DEBTOR'S PERSONAL EARNINGS DURING EACH PAY PERIOD OF 1,069
THE JUDGMENT DEBTOR FOLLOWING THE GARNISHEE'S RECEIPT OF THE 1,070
ORDER UNTIL THE JUDGMENT IN FAVOR OF THE JUDGMENT CREDITOR AND 1,071
THE ASSOCIATED COURT COSTS, JUDGMENT INTEREST, AND, IF 1,072
APPLICABLE, PREJUDGMENT INTEREST AWARDED TO THE JUDGMENT CREDITOR 1,073
HAVE BEEN PAID IN FULL. FOR THIS PURPOSE, THE ORDER OF 1,074
GARNISHMENT OF PERSONAL EARNINGS SHALL SPECIFY THE TOTAL PROBABLE 1,075
AMOUNT DUE ON THE JUDGMENT; SHALL STATE THAT THAT TOTAL PROBABLE 1,076
AMOUNT INCLUDES THE UNPAID PORTION OF THE JUDGMENT IN FAVOR OF 1,077
THE JUDGMENT CREDITOR AND SPECIFY THAT UNPAID PORTION; SHALL 1,078
STATE THAT THAT TOTAL PROBABLE AMOUNT INCLUDES JUDGMENT INTEREST 1,079
AND, IF APPLICABLE, PREJUDGMENT INTEREST AT THE RATE PRESCRIBED 1,080
IN DIVISION (A) OF SECTION 1343.03 OF THE REVISED CODE OR A 1,083
DIFFERENT RATE PROVIDED IN A WRITTEN CONTRACT AND SPECIFY THE 1,084
25
APPLICABLE INTEREST RATE; AND SHALL STATE THAT THAT TOTAL 1,085
PROBABLE AMOUNT INCLUDES THE COURT COSTS AWARDED TO THE JUDGMENT 1,086
CREDITOR AND SPECIFY THE AMOUNT OF THOSE COURT COSTS. 1,087
(C)(1) A CONTINUOUS ORDER OF GARNISHMENT OF PERSONAL 1,090
EARNINGS DESCRIBED IN DIVISION (B) OF THIS SECTION REMAINS IN 1,091
EFFECT UNTIL WHICHEVER OF THE FOLLOWING FIRST OCCURS: 1,092
(a) THE TOTAL PROBABLE AMOUNT DUE ON THE JUDGMENT 1,095
DESCRIBED IN DIVISION (B) OF THIS SECTION IS PAID IN FULL TO THE 1,097
JUDGMENT CREDITOR AS A RESULT OF THE GARNISHEE'S WITHHOLDING OF 1,098
THE SPECIFIED AMOUNT FROM THE JUDGMENT DEBTOR'S PERSONAL EARNINGS 1,099
DURING EACH PAY PERIOD OF THE JUDGMENT DEBTOR FOLLOWING THE 1,100
GARNISHEE'S RECEIPT OF THE ORDER.
(b) THE JUDGMENT CREDITOR FILES WITH THE COURT THAT ISSUED 1,103
THE ORDER, AND SERVES UPON THE GARNISHEE AND JUDGMENT DEBTOR IN 1,104
THE SAME MANNER AS A SUMMONS IS SERVED, A WRITTEN NOTICE THAT THE 1,105
TOTAL PROBABLE AMOUNT DUE ON THE JUDGMENT DESCRIBED IN DIVISION 1,107
(B) OF THIS SECTION HAS BEEN PAID IN FULL TO THE JUDGMENT 1,108
CREDITOR IN THE MANNER DESCRIBED IN DIVISION (C)(1)(a) OF THIS 1,111
SECTION OR OTHERWISE HAS BEEN SATISFIED.
(c) A MUNICIPAL OR COUNTY COURT APPOINTS A TRUSTEE FOR THE 1,114
JUDGMENT DEBTOR PURSUANT TO SECTION 2329.70 OF THE REVISED CODE 1,116
AND ISSUES TO THE GARNISHEE AN ORDER THAT STAYS THE CONTINUOUS 1,117
ORDER OF GARNISHMENT OF PERSONAL EARNINGS. 1,118
(d) A BANKRUPTCY COURT OF THE UNITED STATES ISSUES TO THE 1,122
GARNISHEE AN ORDER THAT STAYS THE CONTINUOUS ORDER OF GARNISHMENT 1,123
OF PERSONAL EARNINGS. 1,124
(e) A MUNICIPAL OR COUNTY COURT OR A COURT OF COMMON PLEAS 1,127
ISSUES TO THE GARNISHEE ANOTHER ORDER OF GARNISHMENT OF PERSONAL 1,128
EARNINGS THAT RELATES TO THE SAME JUDGMENT DEBTOR AND A DIFFERENT 1,129
JUDGMENT CREDITOR, AND THE LAW OF THIS STATE OR OF THE UNITED 1,131
STATES PROVIDES THAT THE OTHER ORDER OF GARNISHMENT OF PERSONAL 1,132
EARNINGS HAS A HIGHER PRIORITY THAN THE PENDING CONTINUOUS ORDER 1,133
OF GARNISHMENT OF PERSONAL EARNINGS. A HIGHER PRIORITY ORDER OF 1,134
THAT NATURE MAY INCLUDE, BUT IS NOT LIMITED TO, A SUPPORT ORDER 1,135
26
AND AN INTERNAL REVENUE SERVICE LEVY. 1,138
(f) A MUNICIPAL OR COUNTY COURT OR A COURT OF COMMON PLEAS 1,141
ISSUES TO THE GARNISHEE ANOTHER ORDER OF GARNISHMENT OF PERSONAL 1,142
EARNINGS THAT RELATES TO THE SAME JUDGMENT DEBTOR AND A DIFFERENT 1,143
JUDGMENT CREDITOR AND THAT IS NOT DESCRIBED IN DIVISION (C)(1)(e) 1,145
OF THIS SECTION. 1,146
(2) IF THE CIRCUMSTANCES DESCRIBED IN DIVISION (C)(1)(e) 1,149
OR (f) OF THIS SECTION APPLY TO A CONTINUOUS ORDER OF GARNISHMENT 1,151
OF PERSONAL EARNINGS, DIVISION (D) OF THIS SECTION ALSO APPLIES 1,153
TO THE GARNISHEE AND THAT ORDER.
(3) AS LONG AS A CONTINUOUS ORDER OF GARNISHMENT OF 1,155
PERSONAL EARNINGS WITH RESPECT TO A PARTICULAR JUDGMENT DEBTOR 1,156
AND A PARTICULAR JUDGMENT CREDITOR REMAINS IN EFFECT OR, IF THE 1,158
CIRCUMSTANCES DESCRIBED IN DIVISION (C)(1)(e) OR (f) OF THIS 1,160
SECTION APPLY TO AN ORDER OF THAT NATURE, AS LONG AS DIVISION (D) 1,162
OF THIS SECTION APPLIES TO THE GARNISHEE AND AN ORDER OF THAT 1,163
NATURE, THE PARTICULAR JUDGMENT CREDITOR MAY NOT FILE IN ANY 1,164
MUNICIPAL OR COUNTY COURT OR ANY COURT OF COMMON PLEAS ANOTHER 1,165
AFFIDAVIT AS DESCRIBED IN SECTION 2716.03 OF THE REVISED CODE 1,168
THAT PERTAINS TO THE PARTICULAR JUDGMENT DEBTOR AND THE SAME 1,169
JUDGMENT THAT UNDERLIES THE ORDER. 1,170
(4)(a) SUBJECT TO DIVISIONS (C)(1) AND (D) OF THIS SECTION 1,174
AND SECTION 2716.05 OF THE REVISED CODE, A GARNISHEE TO WHOM A 1,177
MUNICIPAL OR COUNTY COURT OR COURT OF COMMON PLEAS ISSUES A 1,178
CONTINUOUS ORDER OF GARNISHMENT OF PERSONAL EARNINGS SHALL PAY TO 1,180
THE COURT WITHIN THIRTY DAYS AFTER EACH PAY PERIOD OF THE
JUDGMENT DEBTOR ENDS THE AMOUNT THAT THE ORDER SPECIFIES TO BE 1,181
WITHHELD FROM THE JUDGMENT DEBTOR'S PERSONAL EARNINGS DURING EACH 1,183
PAY PERIOD OF THE JUDGMENT DEBTOR FOLLOWING THE GARNISHEE'S
RECEIPT OF THE ORDER. THE PAYMENT TO THE COURT OF THAT AMOUNT 1,184
SHALL BE ACCOMPANIED BY THE GARNISHEE'S INTERIM REPORT AND ANSWER 1,186
THAT SHALL BE SUBSTANTIALLY IN THE FORM SET FORTH IN SECTION 1,187
2716.07 OF THE REVISED CODE AND SHALL SPECIFICALLY STATE ALL OF 1,189
THE FOLLOWING:
27
(i) THE DATE THAT THE GARNISHEE RECEIVED THE CONTINUOUS 1,192
ORDER OF GARNISHMENT OF PERSONAL EARNINGS; 1,193
(ii) THE TOTAL PROBABLE AMOUNT DUE ON THE JUDGMENT, AS 1,196
DESCRIBED IN DIVISION (B) OF THIS SECTION; 1,197
(iii) THE AMOUNT OF THE JUDGMENT DEBTOR'S PERSONAL 1,200
EARNINGS THAT HAS BEEN WITHHELD FOR THE PARTICULAR PAY PERIOD AND 1,201
THAT IS BEING SUBMITTED WITH THE INTERIM REPORT AND ANSWER. 1,202
(b) A GARNISHEE SHALL PREPARE EACH INTERIM REPORT AND 1,205
ANSWER IN TRIPLICATE, SHALL SUBMIT ONE COMPLETE AND SIGNED COPY 1,206
OF THAT DOCUMENT TO THE COURT IN ACCORDANCE WITH DIVISION 1,208
(C)(4)(a) OF THIS SECTION, SHALL RETAIN ONE COMPLETE AND SIGNED 1,209
COPY OF THAT DOCUMENT FOR THE GARNISHEE'S RECORDS, AND SHALL 1,211
DELIVER ONE COMPLETE AND SIGNED COPY OF THAT DOCUMENT TO THE 1,212
JUDGMENT DEBTOR.
(5)(a) SUBJECT TO DIVISION (D) OF THIS SECTION, IF A 1,215
CONTINUOUS ORDER OF GARNISHMENT OF PERSONAL EARNINGS CEASES TO 1,216
REMAIN IN EFFECT BECAUSE OF THE OPERATION OF DIVISION (C)(1) OF 1,218
THIS SECTION, THE GARNISHEE SHALL FILE WITH THE MUNICIPAL OR 1,219
COUNTY COURT OR THE COURT OF COMMON PLEAS THAT ISSUED THE ORDER 1,220
THE GARNISHEE'S FINAL REPORT AND ANSWER. THE FINAL REPORT AND 1,221
ANSWER SHALL BE SUBSTANTIALLY IN THE FORM SET FORTH IN SECTION 1,222
2716.08 OF THE REVISED CODE AND SHALL SPECIFICALLY STATE ALL OF 1,225
THE FOLLOWING:
(i) THE DATE THAT THE GARNISHEE RECEIVED THE CONTINUOUS 1,228
ORDER OF GARNISHMENT OF PERSONAL EARNINGS; 1,229
(ii) THE TOTAL PROBABLE AMOUNT DUE ON THE JUDGMENT, AS 1,232
DESCRIBED IN DIVISION (B) OF THIS SECTION; 1,233
(iii) THE TOTAL AMOUNT OF THE JUDGMENT DEBTOR'S PERSONAL 1,236
EARNINGS THAT THE GARNISHEE HAS WITHHELD AND PAID TO THE COURT 1,237
WHILE THE ORDER REMAINED IN EFFECT; 1,238
(iv) THE REASON LISTED IN DIVISION (C)(1) OF THIS SECTION 1,241
THAT PRECLUDES THE CONTINUATION OF THE WITHHOLDING OF THE 1,242
SPECIFIED AMOUNT OF THE JUDGMENT DEBTOR'S PERSONAL EARNINGS IN 1,243
ACCORDANCE WITH THE ORDER. THIS REASON SHALL BE STATED ONLY IF 1,245
28
THE TOTAL PROBABLE AMOUNT DUE ON THE JUDGMENT, AS DESCRIBED IN 1,246
DIVISION (B) OF THIS SECTION, IS NOT THE TOTAL AMOUNT OF THE 1,247
JUDGMENT DEBTOR'S PERSONAL EARNINGS THAT THE GARNISHEE WITHHELD 1,248
AND PAID TO THE COURT WHILE THE ORDER REMAINED IN EFFECT AND IF 1,249
THE REASON THAT THE ORDER HAS CEASED TO REMAIN IN EFFECT IS 1,250
DESCRIBED IN DIVISION (C)(1)(c), (d), (e), OR (f) OF THIS 1,253
SECTION. 1,254
(b) A GARNISHEE SHALL PREPARE EACH FINAL REPORT AND ANSWER 1,257
IN TRIPLICATE, SHALL SUBMIT ONE COMPLETE AND SIGNED COPY OF THAT 1,258
DOCUMENT TO THE COURT IN ACCORDANCE WITH DIVISION (C)(5)(a) OF 1,261
THIS SECTION, SHALL RETAIN ONE COMPLETE AND SIGNED COPY OF THAT 1,262
DOCUMENT FOR THE GARNISHEE'S RECORDS, AND SHALL DELIVER ONE
COMPLETE AND SIGNED COPY OF THAT DOCUMENT TO THE JUDGMENT DEBTOR. 1,264
(D)(1) EXCEPT AS PROVIDED IN DIVISION (D)(2) OF THIS 1,268
SECTION, IF A GARNISHEE RECEIVES AN ORDER OF GARNISHMENT OF
PERSONAL EARNINGS WITH RESPECT TO A PARTICULAR JUDGMENT DEBTOR 1,269
AND IF, AT THE TIME OF THE RECEIPT OF THAT ORDER, THE GARNISHEE 1,270
IS THE SUBJECT OF A PREVIOUSLY RECEIVED CONTINUOUS ORDER OF 1,271
GARNISHMENT OF PERSONAL EARNINGS WITH RESPECT TO THE SAME 1,272
JUDGMENT DEBTOR, THE PREVIOUS ORDER SHALL CEASE TO REMAIN IN 1,273
EFFECT AS DESCRIBED IN DIVISION (C)(1)(f) OF THIS SECTION. 1,276
HOWEVER, UNTIL AT LEAST ONE HUNDRED EIGHTY-TWO DAYS HAVE EXPIRED 1,277
FROM THE DATE THAT THE GARNISHEE BEGAN PROCESSING THE PREVIOUS 1,278
ORDER, THE GARNISHEE SHALL WITHHOLD THE SPECIFIED AMOUNT FROM THE 1,279
JUDGMENT DEBTOR'S PERSONAL EARNINGS IN ACCORDANCE WITH THE 1,280
PREVIOUS ORDER. DURING THAT PERIOD, THE PREVIOUS ORDER SHALL BE 1,281
DEEMED A HIGHER PRIORITY ORDER. UPON THE EXPIRATION OF THAT 1,282
PERIOD, THE GARNISHEE SHALL COMPLY WITH DIVISION (C)(5) OF THIS 1,283
SECTION.
(2) IF A GARNISHEE RECEIVES AN ORDER OF GARNISHMENT OF 1,285
PERSONAL EARNINGS WITH RESPECT TO A PARTICULAR JUDGMENT DEBTOR, 1,286
IF, AT THE TIME OF THE RECEIPT OF THAT ORDER, THE GARNISHEE IS 1,287
THE SUBJECT OF A PREVIOUSLY RECEIVED CONTINUOUS ORDER OF 1,288
GARNISHMENT OF PERSONAL EARNINGS WITH RESPECT TO THE SAME 1,289
29
JUDGMENT DEBTOR, AND IF THE LAW OF THIS STATE OR OF THE UNITED 1,292
STATES PROVIDES THAT THE SUBSEQUENT ORDER HAS A HIGHER PRIORITY 1,293
THAN THE PREVIOUS ORDER, THE PREVIOUS ORDER SHALL CEASE TO REMAIN 1,294
IN EFFECT AS DESCRIBED IN DIVISION (C)(1)(e) OF THIS SECTION. 1,297
HOWEVER, UNTIL AT LEAST ONE HUNDRED EIGHTY-TWO DAYS HAVE EXPIRED 1,298
FROM THE DATE THE GARNISHEE BEGAN PROCESSING THE PREVIOUS ORDER, 1,299
THE GARNISHEE SHALL COMPLY WITH DIVISION (D)(3)(c)(ii) OF THIS 1,301
SECTION. UPON THE EXPIRATION OF THAT PERIOD, THE GARNISHEE SHALL 1,302
COMPLY WITH DIVISION (C)(5) OF THIS SECTION. 1,303
(3)(a) EXCEPT AS PROVIDED IN DIVISION (D)(2) AND (3)(b) 1,307
AND (c) OF THIS SECTION, IF A GARNISHEE RECEIVES AN ORDER OF 1,308
GARNISHMENT OF PERSONAL EARNINGS WITH RESPECT TO A PARTICULAR 1,309
JUDGMENT DEBTOR AND IF, AT THE TIME OF THE RECEIPT OF THAT ORDER, 1,310
THE GARNISHEE IS THE SUBJECT OF A PREVIOUSLY RECEIVED CONTINUOUS 1,311
ORDER OF GARNISHMENT OF PERSONAL EARNINGS WITH RESPECT TO THE 1,312
SAME JUDGMENT DEBTOR, THE GARNISHEE SHALL DO BOTH OF THE 1,313
FOLLOWING: 1,314
(i) THE GARNISHEE SHALL PROCESS THE SUBSEQUENT ORDER IN 1,317
THE ORDER IN WHICH THE GARNISHEE RECEIVES IT AND ONLY AFTER ALL 1,318
PREVIOUSLY RECEIVED ORDERS OF GARNISHMENT OF PERSONAL EARNINGS 1,319
WITH RESPECT TO THE SAME JUDGMENT DEBTOR HAVE BEEN PROCESSED FOR 1,320
A ONE HUNDRED EIGHTY-TWO DAY PERIOD OR HAVE CEASED TO REMAIN IN 1,321
EFFECT FOR A REASON LISTED IN DIVISION (C)(1) OF THIS SECTION. 1,322
(ii) WHEN, PURSUANT TO THE PROCEDURE REQUIRED BY DIVISION 1,325
(D)(3)(a)(i) OF THIS SECTION FOR THE STACKING OF ORDERS OF 1,327
GARNISHMENT OF PERSONAL EARNINGS WITH RESPECT TO THE SAME 1,328
JUDGMENT DEBTOR, THE SUBSEQUENT ORDER REACHES HIGHEST PRIORITY, 1,329
THE GARNISHEE SHALL PROCESS THE SUBSEQUENT ORDER UNTIL THE 1,331
SUBSEQUENT ORDER CEASES TO REMAIN IN EFFECT FOR A REASON LISTED 1,332
IN DIVISION (C)(1) OF THIS SECTION. 1,333
(b) IF A GARNISHEE RECEIVES AN ORDER OF GARNISHMENT OF 1,336
PERSONAL EARNINGS WITH RESPECT TO A PARTICULAR JUDGMENT DEBTOR, 1,337
IF, AT THE TIME OF THE RECEIPT OF THAT ORDER, THE GARNISHEE IS 1,338
THE SUBJECT OF A PREVIOUSLY RECEIVED CONTINUOUS ORDER OF 1,339
30
GARNISHMENT OF PERSONAL EARNINGS WITH RESPECT TO THE SAME 1,340
JUDGMENT DEBTOR, AND IF THE PREVIOUS ORDER HAS A HIGHER PRIORITY 1,341
UNDER DIVISION (D)(1) OR (3)(a) OF THIS SECTION, THE GARNISHEE 1,342
SHALL DO BOTH OF THE FOLLOWING: 1,343
(i) THE GARNISHEE SHALL WITHHOLD FROM THE JUDGMENT 1,346
DEBTOR'S PERSONAL EARNINGS DURING EACH PAY PERIOD THE AMOUNT 1,347
SPECIFIED IN THE PREVIOUS ORDER FOR THE REQUISITE ONE HUNDRED 1,348
EIGHTY-TWO DAY PERIOD OR UNTIL THE PREVIOUS ORDER CEASES TO 1,349
REMAIN IN EFFECT FOR A REASON LISTED IN DIVISION (C)(1) OF THIS 1,350
SECTION.
(ii) IF THE MAXIMUM AMOUNT OF THE PERSONAL EARNINGS OF THE 1,353
JUDGMENT DEBTOR THAT MAY BE GARNISHED DURING EACH PAY PERIOD 1,354
UNDER THE LAW OF THIS STATE OR OF THE UNITED STATES IS NOT 1,356
EXCEEDED AFTER THE APPLICATION OF DIVISION (D)(3)(b)(i) OF THIS 1,359
SECTION, THE GARNISHEE SHALL WITHHOLD FROM THE JUDGMENT DEBTOR'S 1,360
PERSONAL EARNINGS DURING EACH PAY PERIOD THE AMOUNT SPECIFIED IN 1,361
ONE OR MORE OF THE SUBSEQUENT ORDERS, IN THEIR ORDER OF PRIORITY, 1,362
UNTIL THE MAXIMUM AMOUNT OF THE PERSONAL EARNINGS OF THE JUDGMENT 1,363
DEBTOR THAT MAY BE GARNISHED DURING EACH PAY PERIOD UNDER THE LAW 1,364
OF THIS STATE OR OF THE UNITED STATES IS REACHED AND AS LONG AS 1,367
THE REQUISITE ONE HUNDRED EIGHTY-TWO DAY PROCESSING PERIOD HAS 1,368
NOT EXPIRED WITH RESPECT TO A SUBSEQUENT ORDER AND THE SUBSEQUENT 1,369
ORDER HAS NOT CEASED TO REMAIN IN EFFECT FOR A REASON LISTED IN 1,370
DIVISION (C)(1) OF THIS SECTION. 1,371
(c) IF A GARNISHEE RECEIVES AN ORDER OF GARNISHMENT OF 1,374
PERSONAL EARNINGS WITH RESPECT TO A PARTICULAR JUDGMENT DEBTOR, 1,375
IF, AT THE TIME OF THE RECEIPT OF THAT ORDER, THE GARNISHEE IS 1,376
THE SUBJECT OF A PREVIOUSLY RECEIVED CONTINUOUS ORDER OF 1,377
GARNISHMENT OF PERSONAL EARNINGS WITH RESPECT TO THE SAME 1,378
JUDGMENT DEBTOR, AND IF THE SUBSEQUENT ORDER HAS A HIGHER
PRIORITY UNDER DIVISION (D)(2) OF THIS SECTION, THE GARNISHEE 1,380
SHALL DO BOTH OF THE FOLLOWING: 1,381
(i) THE GARNISHEE SHALL WITHHOLD FROM THE JUDGMENT 1,384
DEBTOR'S PERSONAL EARNINGS DURING EACH PAY PERIOD THE AMOUNT 1,385
31
SPECIFIED IN THE SUBSEQUENT ORDER.
(ii) IF THE MAXIMUM AMOUNT OF THE PERSONAL EARNINGS OF THE 1,388
JUDGMENT DEBTOR THAT MAY BE GARNISHED DURING EACH PAY PERIOD 1,389
UNDER THE LAW OF THIS STATE OR OF THE UNITED STATES IS NOT 1,391
EXCEEDED AFTER THE APPLICATION OF DIVISION (D)(3)(c)(i) OF THIS 1,394
SECTION, THE GARNISHEE SHALL WITHHOLD FROM THE JUDGMENT DEBTOR'S 1,395
PERSONAL EARNINGS DURING EACH PAY PERIOD THE AMOUNT SPECIFIED IN 1,396
ONE OR MORE OF THE PREVIOUS ORDERS, IN THEIR ORDER OF PRIORITY, 1,397
UNTIL THE MAXIMUM AMOUNT OF THE PERSONAL EARNINGS OF THE JUDGMENT 1,398
DEBTOR THAT MAY BE GARNISHED DURING EACH PAY PERIOD UNDER THE LAW 1,399
OF THIS STATE OR OF THE UNITED STATES IS REACHED AND AS LONG AS 1,402
THE REQUISITE ONE HUNDRED EIGHTY-TWO DAY PROCESSING PERIOD HAS 1,403
NOT EXPIRED WITH RESPECT TO A PREVIOUS ORDER AND THE PREVIOUS 1,404
ORDER HAS NOT CEASED TO REMAIN IN EFFECT FOR A REASON LISTED IN 1,405
DIVISION (C)(1) OF THIS SECTION. 1,406
(E) IF A GARNISHEE RECEIVES AN ORDER OF GARNISHMENT OF 1,409
PERSONAL EARNINGS WITH RESPECT TO A PARTICULAR JUDGMENT DEBTOR 1,410
AND THAT ORDER, AFTER APPLYING THE PROVISIONS OF THIS SECTION, 1,411
HAS A HIGHER PRIORITY THAN A PREVIOUSLY RECEIVED CONTINUOUS ORDER 1,412
OF GARNISHMENT OF PERSONAL EARNINGS WITH RESPECT TO THE SAME 1,413
JUDGMENT DEBTOR, THE GARNISHEE PROMPTLY SHALL NOTIFY THE JUDGMENT 1,414
CREDITOR ASSOCIATED WITH THE PREVIOUS ORDER OF THE RECEIPT OF THE 1,415
HIGHER PRIORITY ORDER. 1,416
(F) IF A GARNISHEE RECEIVES AN ORDER OF GARNISHMENT OF 1,419
PERSONAL EARNINGS WITH RESPECT TO A PARTICULAR JUDGMENT DEBTOR 1,420
AND, IF AT THE TIME OF THE RECEIPT OF THAT ORDER, THE GARNISHEE 1,421
IS THE SUBJECT OF ONE OR MORE PREVIOUSLY RECEIVED CONTINUOUS 1,422
ORDERS OF GARNISHMENT OF PERSONAL EARNINGS WITH RESPECT TO THE 1,423
SAME JUDGMENT DEBTOR, THE GARNISHEE SHALL INCLUDE IN ITS ANSWER 1,424
OF EMPLOYER FILED PURSUANT TO SECTION 2716.05 OF THE REVISED CODE 1,427
IN RELATION TO THE SUBSEQUENT ORDER ALL OF THE FOLLOWING 1,428
INFORMATION:
(1) THE NAME OF THE COURT THAT ISSUED THE SUBSEQUENT ORDER 1,431
AND EACH PREVIOUS ORDER AND THE CASE NUMBER ASSOCIATED WITH EACH 1,432
32
OF THOSE ORDERS;
(2) THE DATE THAT THE GARNISHEE RECEIVED THE SUBSEQUENT 1,434
ORDER AND EACH PREVIOUS ORDER; 1,435
(3) WITH RESPECT TO THE SUBSEQUENT ORDER AND EACH PREVIOUS 1,438
ORDER, THE BALANCE DUE TO THE RELEVANT JUDGMENT CREDITOR AT THE 1,439
TIME OF THE FILING OF THE ANSWER OF EMPLOYER. THE GARNISHEE 1,440
SHALL CALCULATE THE BALANCE DUE IN RELATION TO A PARTICULAR ORDER 1,441
BY SUBTRACTING THE TOTAL AMOUNT OF THE JUDGMENT DEBTOR'S PERSONAL 1,442
EARNINGS THAT THE GARNISHEE PREVIOUSLY HAS WITHHELD AND PAID TO 1,443
THE COURT PURSUANT TO THAT ORDER FROM THE TOTAL PROBABLE AMOUNT 1,444
DUE ON THE JUDGMENT UNDERLYING THAT ORDER, AS DESCRIBED IN 1,445
DIVISION (B) OF THIS SECTION. 1,446
Sec. 2716.05. The garnishee shall be served, in the same 1,455
manner as a summons is served, with three copies of the order of 1,457
garnishment of personal earnings, together with the garnishee's 1,458
fee required by section 2716.04 of the Revised Code, and with a 1,459
written notice that the garnishee answer as provided in DIVISION 1,460
(F) OF SECTION 2716.041 OF THE REVISED CODE, THIS SECTION, AND
section 2716.21 of the Revised Code. The garnishee also shall be 1,462
served, at that time, with two copies of the notice to the
judgment debtor and hearing request form described in section 1,463
2716.06 of the Revised Code, ONE COPY OF THE INTERIM REPORT AND 1,464
ANSWER FORM DESCRIBED IN SECTION 2716.07 OF THE REVISED CODE, AND 1,467
ONE COPY OF THE FINAL REPORT AND ANSWER FORM DESCRIBED IN SECTION 1,468
2716.08 OF THE REVISED CODE. Any 1,471
A court of common pleas OR MUNICIPAL OR COUNTY COURT that 1,474
issues an order of garnishment of personal earnings has 1,475
jurisdiction to serve process pursuant to this section upon a 1,476
garnishee who does not reside within the TERRITORIAL jurisdiction 1,477
of the court. Any county court or municipal court that issues an 1,479
order of garnishment of personal earnings has jurisdiction to 1,480
serve process pursuant to this section upon a garnishee who 1,481
resides in any county that is contiguous to that in which the 1,482
court is located. When IF the garnishee does not reside within 1,483
33
the TERRITORIAL jurisdiction of the court that issued the order, 1,484
the process may be served UPON THE GARNISHEE by the proper 1,486
officer of the county in which the garnishee resides, or MAY be 1,487
personally served UPON THE GARNISHEE BY PERSONAL SERVICE BY THE 1,488
COURT, BY SENDING IT TO THE GARNISHEE BY CERTIFIED MAIL, RETURN 1,489
RECEIPT REQUESTED, OR BY SENDING IT TO THE GARNISHEE BY REGULAR 1,491
MAIL EVIDENCED BY A PROPERLY COMPLETED AND STAMPED CERTIFICATE OF 1,492
MAILING BY REGULAR MAIL. The 1,493
THE order OF GARNISHMENT OF PERSONAL EARNINGS shall bind 1,495
the personal earnings of the judgment debtor due from the 1,496
garnishee at the time of service IN ACCORDANCE WITH THIS SECTION. 1,497
THE 1,498
The order of garnishment of personal earnings and notice to 1,500
answer shall be in substantially the following form: 1,501
"ORDER AND NOTICE OF GARNISHMENT AND ANSWER OF EMPLOYER 1,503
Docket No. ................... 1,505
Case No. ..................... 1,506
in IN the .............. Court 1,507
........................, Ohio 1,508
The State of Ohio 1,511
County of ....................., ss 1,513
......................., Judgment Creditor 1,515
vs. 1,517
......................., Judgment Debtor 1,519
SECTION A. COURT ORDER AND NOTICE OF GARNISHMENT 1,521
To: ............................................, Garnishee 1,523
The judgment creditor in the above case has filed an 1,525
affidavit, satisfactory to the undersigned, in the 1,526
........................... Court THIS COURT stating that you owe 1,527
the judgment debtor money for personal earnings and that some of 1,528
that money may not be exempt from garnishment under the laws of 1,529
the State of Ohio OR THE LAWS OF THE UNITED STATES. 1,530
You are therefore ordered to complete THE "ANSWER OF 1,532
EMPLOYER (GARNISHEE)" IN section B of this form, and return the 1,533
34
completed original of this form, together with any amount shown 1,535
due on it, to the clerk of this court not later than
.................... RETURN ONE COMPLETED AND SIGNED COPY OF 1,537
THIS FORM TO THE CLERK OF THIS COURT WITHIN FIVE (5) BUSINESS 1,538
DAYS AFTER YOU RECEIVE THIS ORDER OF GARNISHMENT TOGETHER WITH 1,539
THE AMOUNT DETERMINED IN ACCORDANCE WITH THE "ANSWER OF EMPLOYER 1,540
(GARNISHEE)." Deliver one completed AND SIGNED copy of this 1,542
form, and the enclosed ACCOMPANYING documents entitled "NOTICE TO 1,543
THE JUDGMENT DEBTOR" and "REQUEST FOR HEARING," to the indicated 1,545
judgment debtor. Keep the other completed AND SIGNED copy of the 1,546
THIS form for your files. 1,547
The total probable amount now due on this judgment, 1,549
including interest and court costs, is $................... THE 1,550
TOTAL PROBABLE AMOUNT NOW DUE INCLUDES THE UNPAID PORTION OF THE 1,551
JUDGMENT IN FAVOR OF THE JUDGMENT CREDITOR, WHICH IS $........; 1,552
INTEREST ON THAT JUDGMENT AND, IF APPLICABLE, PREJUDGMENT 1,553
INTEREST RELATIVE TO THAT JUDGMENT AT THE RATE OF .....% PER 1,554
ANNUM PAYABLE UNTIL THAT JUDGMENT IS SATISFIED IN FULL; AND COURT 1,555
COSTS IN THE AMOUNT OF $.......... 1,556
THIS ORDER OF GARNISHMENT OF PERSONAL EARNINGS IS A 1,558
CONTINUOUS ORDER THAT GENERALLY REQUIRES YOU TO WITHHOLD A 1,559
SPECIFIED AMOUNT, AS DETERMINED IN ACCORDANCE WITH THE "ANSWER OF 1,561
EMPLOYER (GARNISHEE)," FROM THE JUDGMENT DEBTOR'S PERSONAL 1,562
EARNINGS DURING EACH PAY PERIOD OF THE JUDGMENT DEBTOR FOLLOWING 1,563
YOUR RECEIPT OF THE ORDER UNTIL THE JUDGMENT IN FAVOR OF THE 1,564
JUDGMENT CREDITOR AND THE ASSOCIATED COURT COSTS, JUDGMENT 1,565
INTEREST, AND, IF APPLICABLE, PREJUDGMENT INTEREST AWARDED TO THE 1,566
JUDGMENT CREDITOR AS DESCRIBED ABOVE HAVE BEEN PAID IN FULL. YOU 1,567
GENERALLY MUST PAY THAT SPECIFIED AMOUNT TO THE CLERK OF THIS 1,568
COURT WITHIN THIRTY (30) DAYS AFTER THE END OF EACH PAY PERIOD OF 1,569
THE JUDGMENT DEBTOR AND MUST INCLUDE WITH THAT SPECIFIED AMOUNT 1,570
AN "INTERIM REPORT AND ANSWER" SUBSTANTIALLY IN THE FORM SET 1,572
FORTH IN SECTION 2716.07 OF THE OHIO REVISED CODE. A COPY OF THE 1,576
"INTERIM REPORT AND ANSWER" IS ATTACHED TO THIS ORDER OF 1,577
35
GARNISHMENT OF PERSONAL EARNINGS, AND YOU MAY PHOTOCOPY IT TO USE 1,578
EACH TIME YOU PAY THE SPECIFIED AMOUNT TO THE CLERK OF THIS 1,579
COURT.
THIS ORDER OF GARNISHMENT OF PERSONAL EARNINGS GENERALLY 1,582
WILL REMAIN IN EFFECT UNTIL ONE OF THE FOLLOWING OCCURS: 1,583
(1) THE TOTAL PROBABLE AMOUNT DUE ON THE JUDGMENT AS 1,585
DESCRIBED ABOVE IS PAID IN FULL AS A RESULT OF YOUR WITHHOLDING 1,586
OF THE SPECIFIED AMOUNT FROM THE JUDGMENT DEBTOR'S PERSONAL 1,587
EARNINGS DURING EACH PAY PERIOD OF THE JUDGMENT DEBTOR FOLLOWING 1,588
YOUR RECEIPT OF THE ORDER. 1,589
(2) THE JUDGMENT CREDITOR FILES WITH THIS COURT A WRITTEN 1,592
NOTICE THAT THE TOTAL PROBABLE AMOUNT DUE ON THE JUDGMENT AS 1,593
DESCRIBED ABOVE HAS BEEN SATISFIED.
(3) A MUNICIPAL OR COUNTY COURT APPOINTS A TRUSTEE FOR THE 1,596
JUDGMENT DEBTOR AND ISSUES TO YOU AN ORDER THAT STAYS THIS ORDER 1,597
OF GARNISHMENT OF PERSONAL EARNINGS.
(4) A FEDERAL BANKRUPTCY COURT ISSUES TO YOU AN ORDER THAT 1,600
STAYS THIS ORDER OF GARNISHMENT OF PERSONAL EARNINGS. 1,601
(5) A MUNICIPAL OR COUNTY COURT OR A COURT OF COMMON PLEAS 1,604
ISSUES TO YOU ANOTHER ORDER OF GARNISHMENT OF PERSONAL EARNINGS 1,605
THAT RELATES TO THE JUDGMENT DEBTOR AND A DIFFERENT JUDGMENT 1,606
CREDITOR, AND OHIO OR FEDERAL LAW PROVIDES THE OTHER ORDER WITH A 1,607
HIGHER PRIORITY THAN THIS ORDER. 1,608
(6) A MUNICIPAL OR COUNTY COURT OR A COURT OF COMMON PLEAS 1,611
ISSUES TO YOU ANOTHER ORDER OF GARNISHMENT OF PERSONAL EARNINGS 1,612
THAT RELATES TO THE JUDGMENT DEBTOR AND A DIFFERENT JUDGMENT 1,613
CREDITOR AND THAT DOES NOT HAVE A HIGHER PRIORITY THAN THIS 1,614
ORDER.
UNDER ANY OF THE CIRCUMSTANCES LISTED ABOVE, YOU ARE 1,616
REQUIRED TO FILE WITH THIS COURT A "FINAL REPORT AND ANSWER" 1,618
SUBSTANTIALLY IN THE FORM SET FORTH IN SECTION 2716.08 OF THE 1,619
OHIO REVISED CODE. A COPY OF THE "FINAL REPORT AND ANSWER" IS 1,621
ATTACHED TO THIS ORDER OF GARNISHMENT OF PERSONAL EARNINGS. 1,622
UNDER THE CIRCUMSTANCES LISTED IN (5) AND (6) ABOVE, YOU MUST 1,623
36
CEASE PROCESSING THIS ORDER OF GARNISHMENT ONE HUNDRED EIGHTY-TWO 1,625
(182) DAYS AFTER YOU BEGAN PROCESSING IT.
SPECIAL STACKING, PRIORITY OF PAYMENT, AND MANNER OF 1,627
PAYMENT RULES APPLY WHEN A GARNISHEE RECEIVES MULTIPLE ORDERS OF 1,628
GARNISHMENT WITH RESPECT TO THE SAME JUDGMENT DEBTOR. THESE 1,629
RULES ARE SET FORTH IN SECTION 2716.041 OF THE OHIO REVISED CODE. 1,631
YOU SHOULD BECOME FAMILIAR WITH THESE RULES. 1,632
Witness my hand and the seal of this court this ........... 1,634
day of ..................., 19...... 1,635
.............................. 1,637
Judge 1,638
SECTION B. ANSWER OF EMPLOYER (GARNISHEE) 1,640
(An employer is one who is required to withhold payroll 1,642
taxes out of payments of personal earnings made to the judgment 1,643
debtor.)
(Answer all pertinent questions) 1,646
Now comes ..............................., the employer 1,649
(GARNISHEE) herein, who says:
Yes No 1,651
1. THIS ORDER OF GARNISHMENT OF PERSONAL EARNINGS WAS 1,654
RECEIVED ON .....................................................
YES NO 1,657
2. The indicated judgment 1,658
debtor is in my/our employ. ... ... 1,659
If answer is "No," give date of last 1,661
employment. (1)(2)....... 1,662
Yes No 1,663
2. (A) Have you, as an 1,665
employer, been served with a
garnishment order less than 30 days 1,667
preceding the date of service of
this form that required money to be 1,668
withheld from the earnings of the
judgment debtor and paid into court? ... ... 1,670
37
If the answer is "Yes," give the 1,672
prior court and case number; omit
questions 3, 4, 5, 6, and 7; sign 1,673
the form and return it to the court. (2A)......... 1,674
Court 1,675
............. 1,676
Case No. 1,677
Yes No 1,678
(B)3. (A) Is the debt to 1,681
which the THIS order of garnishment 1,682
of personal earnings pertains the 1,684
subject of an existing agreement for 1,685
debt scheduling between the judgment
debtor and a budget and debt 1,686
counseling service and has the
judgment debtor made every payment 1,687
that was due under the agreement for
debt scheduling no later than
forty-five days after the date on 1,688
which the payment was due? ... ... 1,689
If the answer to both parts of this 1,691
question is "Yes," give all
available details of the agreement; 1,692
omit questions 3, 4, 5, 6, and 7;, 1,693
sign the THIS form, and return it to
the court. (2B)3(A)..... 1,695
3. 1,697
................................................................. 1,700
................................................................. 1,702
YES NO 1,704
(B) WERE YOU, ON THE DATE 1,705
THAT YOU RECEIVED THIS ORDER OF
GARNISHMENT OF PERSONAL EARNINGS, 1,706
WITHHOLDING MONEYS FROM THE JUDGMENT
38
DEBTOR'S PERSONAL EARNINGS PURSUANT 1,707
TO ANOTHER ORDER OF GARNISHMENT OF
PERSONAL EARNINGS THAT OHIO OR 1,708
FEDERAL LAW PROVIDES WITH A HIGHER
PRIORITY THAN THIS ORDER OF 1,709
GARNISHMENT OF PERSONAL EARNINGS
(SUCH AS A SUPPORT ORDER OR INTERNAL 1,710
REVENUE SERVICE LEVY)? ..... ...... 1,712
IF THE ANSWER TO THIS QUESTION IS 1,716
"YES," GIVE THE NAME OF THE COURT 1,717
THAT ISSUED THE HIGHER PRIORITY 1,718
ORDER, THE ASSOCIATED CASE NUMBER,
THE DATE UPON WHICH YOU RECEIVED 1,719
THAT ORDER, AND THE BALANCE DUE TO
THE RELEVANT JUDGMENT CREDITOR UNDER 1,720
THAT ORDER. 3(B) ........ 1,721
................................................................. 1,723
YES NO 1,726
(C) DID YOU RECEIVE PRIOR TO 1,727
THE DATE THAT YOU RECEIVED THIS 1,728
ORDER OF GARNISHMENT OF PERSONAL
EARNINGS ONE OR MORE OTHER ORDERS OF
GARNISHMENT OF PERSONAL EARNINGS 1,729
THAT ARE NOT DESCRIBED IN QUESTION
3(B), AND ARE YOU CURRENTLY 1,730
PROCESSING ONE OR MORE OF THOSE
ORDERS FOR THE STATUTORILY REQUIRED 1,731
182-DAY PERIOD OR HOLDING ONE OR
MORE OF THOSE ORDERS FOR PROCESSING 1,732
FOR A 182-DAY PERIOD IN THE SEQUENCE
OF THEIR RECEIPT BY YOU? ..... ..... 1,734
IF THE ANSWER TO THIS QUESTION IS 1,737
"YES," GIVE THE NAME OF THE COURT 1,739
THAT ISSUED EACH OF THOSE PREVIOUSLY
39
RECEIVED ORDERS, THE ASSOCIATED CASE 1,740
NUMBERS, THE DATE UPON WHICH YOU
RECEIVED EACH OF THOSE ORDERS, AND
THE BALANCE DUE TO THE RELEVANT 1,741
JUDGMENT CREDITOR UNDER EACH OF
THOSE ORDERS. LIST FIRST THE 1,742
PREVIOUSLY RECEIVED ORDER(S) THAT
YOU ARE CURRENTLY PROCESSING, AND 1,743
LIST EACH OF THE OTHER PREVIOUSLY
RECEIVED ORDERS IN THE SEQUENCE THAT
YOU ARE REQUIRED TO PROCESS THEM. 3(C)......... 1,745
................................................................. 1,747
................................................................. 1,749
................................................................. 1,751
4. (A) Enter STATE WHETHER 1,753
the pay period of the judgment 1,754
debtor (IS weekly, bi-weekly
BIWEEKLY, semimonthly, or 1,756
monthly--(do MONTHLY (DO not enter a
pay period of more than one month): (3A)4(A)..... 1,759
(B) Enter the date this order 1,760
and notice of garnishment was served
on you: (3B)......... 1,763
(C) Enter the date the 1,764
judgment debtor's present pay period
began (present pay period means the 1,765
pay period in which this order and 1,766
notice of garnishment was served): (3C)......... 1,767
(D) Enter the date the 1,768
judgment debtor's present pay period
ends. (3D)......... 1,770
4.(B) Enter the disposable 1,771
earnings of the judgment debtor 1,772
EARNED DURING THE JUDGMENT DEBTOR'S
40
PRESENT PAY PERIOD. (disposable 1,773
"DISPOSABLE earnings" means earnings 1,774
after deductions required by law.
"PRESENT PAY PERIOD" MEANS THE PAY 1,775
PERIOD IN WHICH YOU RECEIVE THIS
ORDER OF GARNISHMENT OF PERSONAL 1,776
EARNINGS.). In determining
disposable earnings, choose the 1,777
situation below that is applicable
to the judgment debtor: 1,778
(A) If you, the employer, 1,779
have a policy of holding back one
pay, enter the disposable earnings 1,781
being held back on the date this
order and notice of garnishment was 1,782
served on you.
(B) If you, the employer, do 1,783
not have a policy of holding back
one pay, enter the amount of 1,785
disposable earnings earned by the
judgment debtor subsequent to the 1,786
date of the judgment debtor's
receiving the last pay and prior to 1,787
the date entered in line 3(B). (4) $........ 1,788
5. Enter an amount equal to 1,789
25% of the amount on line 4: (5)4(B) $.... 1,790
6.(C) IF THE JUDGMENT 1,791
DEBTOR'S PAY PERIOD IS WEEKLY, ENTER 1,792
ON LINE 4(C) AN AMOUNT EQUAL TO SIX
AND ONE-QUARTER PER CENT (6.25%) OF 1,793
THE JUDGMENT DEBTOR'S DISPOSABLE
EARNINGS SET FORTH ON LINE 4(B). IF 1,794
THE JUDGMENT DEBTOR'S PAY PERIOD IS
BIWEEKLY OR SEMIMONTHLY, ENTER ON 1,795
41
LINE 4(C) AN AMOUNT EQUAL TO TWELVE
AND ONE-HALF PER CENT (12.5%) OF THE 1,796
JUDGMENT DEBTOR'S DISPOSABLE
EARNINGS SET FORTH ON LINE 4(B). IF 1,797
THE JUDGMENT DEBTOR'S PAY PERIOD IS
MONTHLY, ENTER ON LINE 4(C) AN 1,798
AMOUNT EQUAL TO TWENTY-FIVE PER CENT
(25%) OF THE JUDGMENT DEBTOR'S 1,799
DISPOSABLE EARNINGS SET FORTH ON
LINE 4(B). 4(C)......... 1,800
5. (A) If the judgment 1,801
debtor is paid weekly, enter thirty
times the current federal minimum 1,803
hourly wage; if paid bi-weekly
BIWEEKLY, enter sixty times the 1,804
current federal minimum hourly wage; 1,805
if paid semi-monthly SEMIMONTHLY, 1,806
enter sixty-five times the current 1,807
federal minimum hourly wage; if paid
monthly, enter one hundred thirty 1,808
times the current federal minimum
hourly wage: (6A)5(A) $... 1,809
(B) Enter the amount by which 1,810
the amount on line 4(B) exceeds the 1,811
amount on line 6(A)5(A): (6B)5(B) $... 1,812
7.6. Enter ON LINE 6 the 1,813
smallest of the amount entered on 1,814
line 54(C); or the amount entered on 1,816
line 65(B); or the total probable
amount now due on the judgment, 1,817
including interest and costs, as 1,818
indicated in section A of this form.
Pay this THE amount ENTERED ON LINE 1,821
6 into THIS court when returning 1,822
42
this form: (7)6 $....... 1,823
I certify that the statements above are true. 1,825
.............................. 1,826
(Print Name of Employer) 1,827
.............................. 1,828
(Print Name and Title of 1,829
Person Who Completed Form)
Signed ......................................................... 1,831
(Signature of Person Completing Form) 1,833
Dated this ........... day of ..........., 19....." 1,835
The copies of the order and notice of garnishment shall be 1,837
served upon the garnishee in the same manner as a summons is 1,838
served.
Section A of the form described in this section shall be 1,840
filled in COMPLETED before service. Section B of the form shall 1,841
be filled in COMPLETED by the garnishee, and the original filed 1,843
GARNISHEE SHALL FILE ONE COMPLETED AND SIGNED COPY OF THE FORM 1,844
with the CLERK OF THE court as the garnishee's answer. The 1,845
garnishee may keep one completed AND SIGNED copy OF THE FORM and 1,846
shall deliver the other completed AND SIGNED copy OF THE FORM to 1,847
the judgment debtor not later than the time THAT the garnishee 1,848
otherwise would pay the judgment debtor the PERSONAL earnings, 1,849
which THAT the garnishee instead is paying to the court. The 1,850
garnishee also shall deliver at that time the two copies of the 1,851
notice to the judgment debtor and hearing request form described 1,852
in section 2716.06 of the Revised Code that were served on the 1,853
garnishee.
No employer shall discharge an employee solely because of 1,855
the successful garnishment of the employee's personal earnings by 1,857
only one judgment creditor in any twelve-month period.
If there are several AFFIDAVITS SEEKING orders of 1,859
garnishment of personal earnings ARE FILED against the same 1,860
judgment debtor IN ACCORDANCE WITH SECTION 2716.03 OF THE REVISED 1,861
CODE, they THE COURT INVOLVED shall be issued ISSUE THE REQUESTED 1,862
43
ORDERS in the same order in which they were THE CLERK received by 1,863
the clerk ASSOCIATED AFFIDAVITS. 1,864
Sec. 2716.06. (A) The notice to the judgment debtor that 1,873
must be served on the garnishee and delivered to the judgment 1,874
debtor shall be in substantially the following form: 1,875
"(Name and Address of the Court) 1,877
(Case Caption) Case No. 1,879
NOTICE TO THE JUDGMENT DEBTOR 1,881
You are hereby notified that this court has issued an order 1,883
in the above case in favor of (name and address of judgment 1,884
creditor), the judgment creditor in this proceeding, directing 1,885
that some of your personal earnings, now in the possession of 1,886
your employer, be used to satisfy some of IN SATISFACTION OF your 1,888
debt to the judgment creditor instead of being paid to you. This 1,889
order was issued on the basis of the judgment creditor's judgment 1,890
against you that was obtained in (name of court) in (case number) 1,891
on (date). 1,892
The law of Ohio provides that you are entitled to keep a 1,894
certain amount of your personal earnings free from the claims of 1,895
creditors. Additionally, wages under a certain amount may never 1,896
be used to satisfy the claims of creditors. The documents 1,897
entitled "ORDER AND NOTICE OF GARNISHMENT AND ANSWER OF EMPLOYER" 1,898
that are enclosed with this notice show how the amount proposed 1,899
to be taken out of your personal earnings was calculated by your 1,900
employer. 1,901
If you dispute the judgment creditor's right to garnish 1,903
your personal earnings and believe that you are entitled to 1,904
possession of the personal earnings because they are exempt or if 1,905
you feel that this order is improper for any other reason, you 1,906
may request a hearing before this court by disputing the claim in 1,907
the request for hearing form, appearing below, or in a 1,908
substantially similar form, and delivering the request for 1,909
hearing to this court at the above address, at the office of the 1,910
clerk of this court, no later than the end of the fifth business 1,911
44
day after you receive this notice. You may state your reasons 1,912
for disputing the judgment creditor's right to garnish your 1,913
personal earnings in the space provided on the form; however, you 1,914
are not required to do so. If you do state your reasons for 1,915
disputing the judgment creditor's right, you are not prohibited 1,916
from stating any other reason at the hearing, and if. IF you do 1,918
not state your reasons, it will not be held against you by the 1,919
court, and you can state your reasons at the hearing. NO 1,920
OBJECTIONS TO THE JUDGMENT ITSELF WILL BE HEARD OR CONSIDERED AT 1,921
THE HEARING. THE
If you request a hearing, the hearing will be limited to a 1,923
consideration of the amount of your wages in the hands of your 1,924
employer PERSONAL EARNINGS, if any, that can be used to satisfy 1,925
all or part IN SATISFACTION of the judgment you owe to the 1,926
judgment creditor. No objections to the judgment itself will be 1,928
heard or considered at that hearing.
If you request a hearing by delivering your request for 1,930
hearing no later than the end of the fifth business day after you 1,931
receive this notice, it will be conducted no later than twelve 1,932
days after your request is received by the court, and the court 1,933
will send you notice of the date, time, and place. You may 1,934
indicate in the form that you feel that the need for the hearing 1,935
is an emergency and that it should be given priority by the 1,936
court. If you do so, the court will schedule the hearing as soon 1,937
as practicable after your request is received, and will send you 1,938
notice of the date, time, and place. If you do not request a 1,939
hearing by delivering your request for hearing no later than the 1,940
end of the fifth business day after you receive this notice, some 1,941
of your personal earnings will be paid to the judgment creditor. 1,942
If you have any questions concerning this matter, you may 1,944
contact the office of the clerk of this court. If you want legal 1,945
representation, you should contact your lawyer immediately. If 1,946
you need the name of a lawyer, contact the local bar association. 1,948
............................. 1,948
45
Clerk of the Court 1,949
............................. 1,950
Date" 1,951
(B) The hearing request form that must be served on the 1,953
garnishee and delivered to the judgment debtor shall have 1,954
attached to it a postage-paid, self-addressed envelope or shall 1,955
be on a postage-paid, self-addressed postcard, and shall be in 1,956
substantially the following form: 1,957
"(Name and Address of Court) 1,959
Case Number .......... Date .......... 1,961
REQUEST FOR HEARING 1,963
I dispute the indicated judgment creditor's right to 1,965
garnish my personal earnings in the above case and request that a 1,966
hearing in this matter be held no later than twelve days after 1,967
delivery of this request to the court. 1,968
I ........................ feel that the need for the 1,970
(insert "do" or "do not") 1,972
hearing is an emergency. 1,974
I dispute the judgment creditor's right to garnish my 1,976
personal earnings for the following reasons: 1,977
................................................................. 1,978
(Optional) 1,980
................................................................. 1,981
................................................................. 1,982
I UNDERSTAND THAT NO OBJECTIONS TO THE JUDGMENT ITSELF WILL 1,985
BE CONSIDERED AT THE HEARING.
............................. 1,986
(Name of Judgment Debtor) 1,987
............................. 1,988
(Signature) 1,989
............................. 1,990
(Date) 1,991
WARNING: IF YOU DO NOT DELIVER THIS REQUEST FOR HEARING OR 1,993
A REQUEST IN A SUBSTANTIALLY SIMILAR FORM TO THE OFFICE OF THE () 1,994
46
CLERK OF THIS COURT WITHIN FIVE (5) BUSINESS DAYS OF YOUR RECEIPT 1,995
OF IT, YOU WAIVE YOUR RIGHT TO A HEARING, AND SOME OF YOUR 1,996
PERSONAL EARNINGS NOW IN THE POSSESSION OF (EMPLOYER'S NAME) WILL 1,998
BE PAID TO (JUDGMENT CREDITOR'S NAME) TO SATISFY SOME IN 1,999
SATISFACTION OF YOUR DEBT TO HIM THE JUDGMENT CREDITOR." 2,001
(C) Judgment THE JUDGMENT debtor may receive a hearing in 2,003
accordance with this division by delivering a written request for 2,004
A hearing to the clerk of the court within five business days 2,005
after receipt of the notice provided pursuant to division (A) of 2,006
this section. The request may set forth the judgment debtor's 2,007
reasons for disputing the judgment creditor's right to garnish 2,008
the personal earnings; however, neither the judgment debtor's 2,009
inclusion of nor his THE JUDGMENT DEBTOR'S failure to include 2,010
such THOSE reasons upon the request constitutes a waiver of any 2,012
defense of the judgment debtor or affects the judgment debtor's 2,013
right to produce evidence at any THE hearing. If the request is 2,014
made by the judgment debtor within the prescribed time, the court 2,015
shall schedule a hearing no later than twelve days after the 2,016
request is made, unless the judgment debtor indicated that the he 2,017
JUDGMENT DEBTOR felt the need for the hearing was an emergency, 2,018
in which case the court shall schedule the hearing as soon as 2,019
practicable after the request is made. Notice of the date, time, 2,020
and place of the hearing shall be sent to the parties in 2,021
accordance with division (E) of this section. The hearing shall 2,022
be limited to a consideration of the amount of wages THE PERSONAL 2,023
EARNINGS of the judgment debtor in the hands of the garnishee, if 2,024
any, that can be used to satisfy all or part IN SATISFACTION of 2,025
the debt owed by the judgment debtor to the judgment creditor. 2,026
(D) If the judgment debtor does not request a hearing 2,028
within the prescribed time pursuant to division (C) of this 2,029
section, the court shall issue an order to the garnishee to pay 2,030
all or some of the wages the garnishee owes to the judgment 2,031
debtor DEBTOR'S PERSONAL EARNINGS into court, if they have not 2,032
already been paid to the court. This order shall be based on the 2,034
47
answer of the garnishee filed pursuant to section 2716.05 of the 2,035
Revised Code. If a hearing is conducted, the court shall 2,036
determine at the hearing the amount of the wages the garnishee 2,037
owes to the judgment debtor DEBTOR'S PERSONAL EARNINGS, if any, 2,038
that can be used to satisfy all or part IN SATISFACTION of the 2,039
debt owed by the judgment debtor to the judgment creditor, and 2,040
issue an order, accordingly, to the garnishee to pay that amount 2,041
of the wages PERSONAL EARNINGS into court if it has not already 2,042
been paid to the court. 2,044
(E) If the judgment debtor requests a hearing within the 2,046
prescribed time pursuant to division (C) of this section, THE 2,047
CLERK SHALL SEND A notice of the date, time, and place of the 2,048
hearing shall be sent by regular mail to the judgment creditor 2,050
and the judgment debtor by the clerk. 2,051
Sec. 2716.07. (A) SUBJECT TO DIVISIONS (C)(1) AND (D) OF 2,055
SECTION 2716.041 AND SECTION 2716.05 OF THE REVISED CODE, A 2,058
GARNISHEE TO WHOM A MUNICIPAL OR COUNTY COURT OR COURT OF COMMON 2,059
PLEAS ISSUES A CONTINUOUS ORDER OF GARNISHMENT OF PERSONAL 2,060
EARNINGS SHALL PAY TO THE COURT WITHIN THIRTY DAYS AFTER THE END 2,061
OF EACH PAY PERIOD OF THE JUDGMENT DEBTOR THE AMOUNT THAT THE 2,062
ORDER SPECIFIES TO BE WITHHELD FROM THE JUDGMENT DEBTOR'S 2,063
PERSONAL EARNINGS DURING EACH PAY PERIOD OF THE JUDGMENT DEBTOR 2,064
FOLLOWING THE GARNISHEE'S RECEIPT OF THE ORDER. THE PAYMENT TO 2,065
THE COURT OF THAT AMOUNT SHALL BE ACCOMPANIED BY THE GARNISHEE'S 2,066
INTERIM REPORT AND ANSWER THAT SHALL BE SUBSTANTIALLY IN THE 2,067
FOLLOWING FORM:
"INTERIM REPORT AND ANSWER OF GARNISHEE" 2,069
CASE NO....................... 2,071
IN THE...................COURT 2,072
..........................OHIO 2,073
.........., JUDGMENT CREDITOR 2,074
vs. 2,076
.........., JUDGMENT DEBTOR 2,078
THE GARNISHEE, ......, IN THE ABOVE CASE STATES AS FOLLOWS: 2,081
48
1. THE DATE THAT THE GARNISHEE RECEIVED THE ORDER OF 2,083
GARNISHMENT OF THE JUDGMENT DEBTOR'S PERSONAL EARNINGS WAS 2,084
......................... 2,085
2. THE TOTAL PROBABLE AMOUNT DUE ON THE JUDGMENT, 2,087
INCLUDING COURT COSTS, JUDGMENT INTEREST, AND, IF APPLICABLE, 2,088
PREJUDGMENT INTEREST, AS STATED IN SECTION A OF THE ORDER OF 2,090
GARNISHMENT OF THE JUDGMENT DEBTOR'S PERSONAL EARNINGS, IS 2,091
$..................... 2,092
3. THE AMOUNT THAT HAS BEEN WITHHELD FROM THE JUDGMENT 2,094
DEBTOR'S PERSONAL EARNINGS DURING THE JUDGMENT DEBTOR'S PRESENT 2,095
PAY PERIOD (WHICH AMOUNT REPRESENTS THE AMOUNT SPECIFIED ON LINE 2,097
6 OF THE "ANSWER OF EMPLOYER (GARNISHEE)" UNLESS OTHERWISE 2,099
STATED) AND THAT IS SUBMITTED WITH THIS "INTERIM REPORT AND 2,101
ANSWER" IS $................. 2,102
I CERTIFY THAT THE STATEMENTS ABOVE ARE TRUE. 2,104
.............................. 2,106
(PRINT NAME OF EMPLOYER) 2,108
.............................. 2,109
(PRINT NAME AND TITLE OF 2,111
PERSON WHO COMPLETED FORM)
SIGNED .......................................................... 2,114
(SIGNATURE OF PERSON WHO COMPLETED FORM) 2,117
DATED THIS ............... DAY OF..............., ......." 2,120
(B) ONE COPY OF THE INTERIM REPORT AND ANSWER SHALL BE 2,123
SERVED UPON THE GARNISHEE IN ACCORDANCE WITH SECTION 2716.05 OF 2,124
THE REVISED CODE. THE GARNISHEE MAY PHOTOCOPY THAT COPY FOR USE 2,127
IN ACCORDANCE WITH DIVISION (A) OF THIS SECTION AND DIVISION 2,129
(C)(4) OF SECTION 2716.041 OF THE REVISED CODE. 2,131
Sec. 2716.08. (A) SUBJECT TO DIVISION (D) OF SECTION 2,133
2716.041 OF THE REVISED CODE, IF A CONTINUOUS ORDER OF 2,134
GARNISHMENT OF PERSONAL EARNINGS CEASES TO REMAIN IN EFFECT 2,135
BECAUSE OF THE OPERATION OF DIVISION (C)(1) OF THAT SECTION, THE 2,137
GARNISHEE SHALL FILE WITH THE MUNICIPAL OR COUNTY COURT OR COURT 2,138
OF COMMON PLEAS THAT ISSUED THE ORDER THE GARNISHEE'S FINAL 2,139
49
REPORT AND ANSWER THAT SHALL BE SUBSTANTIALLY IN THE FOLLOWING 2,140
FORM:
"FINAL REPORT AND ANSWER OF GARNISHEE" 2,142
CASE NO....................... 2,144
IN THE...................COURT 2,145
..........................OHIO 2,146
.........., JUDGMENT CREDITOR 2,147
vs. 2,149
.........., JUDGMENT DEBTOR 2,151
THE GARNISHEE, .................., IN THE ABOVE CASE STATES 2,154
AS FOLLOWS: 2,155
1. THE DATE THAT THE GARNISHEE RECEIVED THE ORDER OF 2,157
GARNISHMENT OF THE JUDGMENT DEBTOR'S PERSONAL EARNINGS WAS 2,158
......................... 2,159
2. THE TOTAL PROBABLE AMOUNT DUE ON THE JUDGMENT, 2,161
INCLUDING COURT COSTS, JUDGMENT INTEREST, AND, IF APPLICABLE, 2,162
PREJUDGMENT INTEREST, AS STATED IN SECTION A OF THE ORDER OF 2,164
GARNISHMENT OF THE JUDGMENT DEBTOR'S PERSONAL EARNINGS, IS 2,165
$..................... 2,166
3. THE TOTAL AMOUNT THAT HAS BEEN WITHHELD FROM THE 2,168
JUDGMENT DEBTOR'S PERSONAL EARNINGS AND PAID TO THE COURT WHILE 2,169
THE ORDER OF GARNISHMENT OF THE JUDGMENT DEBTOR'S PERSONAL 2,170
EARNINGS REMAINED IN EFFECT IS $...................... 2,172
4. (WHEN APPLICABLE) THE TOTAL PROBABLE AMOUNT DUE ON THE 2,174
JUDGMENT (AS STATED IN 2 ABOVE) IS NOT EQUAL TO THE TOTAL AMOUNT 2,175
THAT HAS BEEN WITHHELD (AS STATED IN 3 ABOVE), AND THE REASON FOR 2,177
THAT DIFFERENCE IS THAT THE ORDER OF GARNISHMENT OF THE JUDGMENT 2,178
DEBTOR'S PERSONAL EARNINGS CEASED TO BE IN EFFECT FOR THE 2,179
FOLLOWING STATUTORILY PRESCRIBED REASON(S) (CHECK WHICHEVER
APPLY): 2,180
(a) ..... A MUNICIPAL OR COUNTY COURT APPOINTED A TRUSTEE 2,183
FOR THE JUDGMENT DEBTOR AND ISSUED AN ORDER THAT STAYS THE ORDER 2,184
OF GARNISHMENT OF THE JUDGMENT DEBTOR'S PERSONAL EARNINGS. 2,185
(b) ..... A FEDERAL BANKRUPTCY COURT ISSUED AN ORDER THAT 2,188
50
STAYS THE ORDER OF GARNISHMENT OF THE JUDGMENT DEBTOR'S PERSONAL 2,189
EARNINGS.
(c) ..... A MUNICIPAL OR COUNTY COURT OR A COURT OF 2,192
COMMON PLEAS ISSUED ANOTHER ORDER OF GARNISHMENT OF PERSONAL 2,193
EARNINGS THAT RELATES TO THE JUDGMENT DEBTOR AND A DIFFERENT 2,194
JUDGMENT CREDITOR, AND OHIO OR FEDERAL LAW PROVIDES THE OTHER 2,196
ORDER A HIGHER PRIORITY. (SET FORTH THE NAME OF THE COURT THAT 2,197
ISSUED THE HIGHER PRIORITY ORDER, THE ASSOCIATED CASE NUMBER, THE 2,198
DATE THAT THE HIGHER PRIORITY ORDER WAS RECEIVED, AND THE BALANCE 2,199
DUE TO THE RELEVANT JUDGMENT CREDITOR UNDER THAT ORDER): ....... 2,201
................................................................. 2,203
(d) ..... A MUNICIPAL OR COUNTY COURT OR A COURT OF 2,206
COMMON PLEAS ISSUED ANOTHER ORDER OF GARNISHMENT OF PERSONAL 2,207
EARNINGS THAT RELATES TO THE JUDGMENT DEBTOR AND A DIFFERENT 2,208
JUDGMENT CREDITOR AND THAT IS NOT DESCRIBED IN 4(c) ABOVE. (SET 2,209
FORTH THE NAME OF THE COURT THAT ISSUED THE SUBSEQUENTLY RECEIVED 2,211
ORDER, THE ASSOCIATED CASE NUMBER, THE DATE THAT THE SUBSEQUENT 2,212
ORDER WAS RECEIVED, AND THE BALANCE DUE TO THE RELEVANT JUDGMENT 2,213
CREDITOR UNDER THAT ORDER): .................................... 2,214
................................................................. 2,216
................................................................. 2,218
I CERTIFY THAT THE STATEMENTS ABOVE ARE TRUE. 2,220
.............................. 2,222
(PRINT NAME OF EMPLOYER) 2,224
.............................. 2,225
(PRINT NAME AND TITLE OF 2,227
PERSON WHO COMPLETED FORM)
SIGNED .......................................................... 2,230
(SIGNATURE OF PERSON WHO COMPLETED FORM) 2,233
DATED THIS ............... DAY OF .........., .................." 2,235
(B) ONE COPY OF THE FINAL REPORT AND ANSWER SHALL BE 2,238
SERVED UPON THE GARNISHEE IN ACCORDANCE WITH SECTION 2716.05 OF 2,239
THE REVISED CODE. THE GARNISHEE SHALL USE THE FINAL REPORT AND 2,242
ANSWER IN ACCORDANCE WITH DIVISION (A) OF THIS SECTION AND 2,243
51
DIVISION (C)(5) OF SECTION 2716.041 OF THE REVISED CODE. 2,246
Sec. 2716.09. A MUNICIPAL OR COUNTY COURT OR COURT OF 2,249
COMMON PLEAS DOES NOT HAVE JURISDICTION TO MODIFY AND INTERRUPT 2,250
THE PROCESSING OF AN ORDER OF GARNISHMENT OF PERSONAL EARNINGS 2,251
THAT THAT COURT ISSUED IN A PROCEEDING IN GARNISHMENT OF PERSONAL 2,252
EARNINGS UNDER THIS CHAPTER UNLESS ALL OF THE FOLLOWING APPLY: 2,253
(A) THE JUDGMENT CREDITOR AND THE JUDGMENT DEBTOR 2,256
ASSOCIATED WITH THAT ORDER JOINTLY APPLY TO THAT COURT FOR THE 2,257
MODIFICATION AND INTERRUPTION. 2,258
(B) THAT JUDGMENT CREDITOR AND JUDGMENT DEBTOR JOINTLY 2,261
AGREE THAT THE AMOUNT OF THE JUDGMENT DEBTOR'S PERSONAL EARNINGS 2,262
THAT IS REQUIRED TO BE WITHHELD DURING EACH PAY PERIOD UNDER THAT 2,263
COURT'S ORDER SHOULD BE MODIFIED TO A MUTUALLY AGREED UPON AND 2,264
SPECIFIED AMOUNT AND THAT THE GARNISHEE SHOULD WITHHOLD THAT 2,265
SPECIFIED AMOUNT UNTIL THE JUDGMENT IN FAVOR OF THE JUDGMENT 2,266
CREDITOR AND THE ASSOCIATED COURT COSTS, JUDGMENT INTEREST, AND, 2,267
IF APPLICABLE, PREJUDGMENT INTEREST AWARDED TO THE JUDGMENT 2,268
CREDITOR HAVE BEEN PAID IN FULL OR UNTIL THAT COURT'S ORDER 2,269
OTHERWISE CEASES TO REMAIN IN EFFECT UNDER DIVISION (C)(1) OF 2,271
SECTION 2716.041 OF THE REVISED CODE. 2,273
(C) THAT COURT ENTERS AN ORDER THAT APPROVES OF THE 2,276
MODIFICATION DESCRIBED IN DIVISION (B) OF THIS SECTION AND CAUSES 2,277
A COPY OF THAT ORDER TO BE SERVED UPON THE GARNISHEE IN THE SAME 2,278
MANNER AS PROCESS IS SERVED. 2,279
Sec. 2716.11. A proceeding for garnishment of property, 2,288
other than personal earnings, may be commenced after a judgment 2,289
has been obtained by a judgment creditor by the filing of an 2,290
affidavit in writing made by the judgment creditor, his agent, or 2,291
his THE JUDGMENT CREDITOR'S attorney setting forth ALL OF THE 2,292
FOLLOWING:
(A) The name of the judgment debtor whose property, other 2,294
than personal earnings, the judgment creditor seeks to garnish; 2,295
(B) That the affiant has good reason to believe and does 2,297
believe that the person named in the affidavit as the garnishee 2,298
52
has property, other than personal earnings, of the judgment 2,299
debtor that is not exempt under the law of this state or the 2,300
United States;
(C) A description of the property. 2,302
Sec. 2716.13. (A) Upon the filing of a proceeding in 2,311
garnishment of property, other than personal earnings, under 2,312
section 2716.11 of the Revised Code, the court shall cause the 2,313
matter to be set for hearing within twelve days thereafter AFTER 2,314
THAT FILING. 2,315
(B) Upon the scheduling of a hearing relative to a 2,317
proceeding in garnishment of property, other than personal 2,318
earnings, under division (A) of this section, the clerk of the 2,319
court immediately shall issue to the garnishee three copies of 2,320
the order of garnishment of property, other than personal 2,321
earnings, together with the garnishee's fee required by section 2,322
2716.12 of the Revised Code and with a written notice that the 2,323
garnishee answer as provided in section 2716.21 of the Revised 2,324
Code. The copies of the order and notice shall be served upon 2,325
the garnishee in the same manner as for the service of a summons 2,326
IS SERVED. In no case shall the order and notice be served later 2,327
than seven days prior to the date on which the hearing is 2,328
scheduled. The order shall bind the property, other than 2,329
personal earnings, of the judgment debtor in the possession of 2,330
the garnishee at the time of service. 2,331
The order of garnishment of property, other than personal 2,333
earnings, and notice to answer, three copies of which shall be 2,334
served upon the garnishee, shall be in substantially the 2,335
following form: 2,336
"ORDER AND NOTICE OF GARNISHMENT 2,338
OF PROPERTY OTHER THAN PERSONAL EARNINGS 2,339
AND ANSWER OF GARNISHEE 2,340
Docket No. ............. 2,342
Case No. ............... 2,343
In the ........... Court 2,344
53
.................., Ohio 2,345
The State of Ohio 2,346
County of ............, ss 2,347
..................., Judgment Creditor 2,348
vs VS. 2,349
..................., Judgment Debtor 2,350
SECTION A. COURT ORDER AND NOTICE OF GARNISHMENT 2,351
To: ...................., Garnishee 2,352
The judgment creditor in the above case has filed an 2,354
affidavit, satisfactory to the undersigned, in the .............. 2,355
THIS Court stating that you have money, property, or credits, 2,356
other than personal earnings, in your hands or under your control 2,357
that belong to the judgment debtor in the case, and that some of 2,358
the money, property, or credits may not be exempt from execution 2,359
or garnishment under the laws of the State of Ohio or the laws of 2,360
the United States. 2,361
You are therefore ordered to complete THE "ANSWER OF 2,363
GARNISHEE" IN section (B) of this form, and return the completed 2,364
original of this form, together with any amount shown due on it, 2,366
to the ........... Court not later than ........... RETURN ONE 2,367
COMPLETED AND SIGNED COPY OF THIS FORM TO THE CLERK OF THIS COURT 2,368
TOGETHER WITH THE AMOUNT DETERMINED IN ACCORDANCE WITH THE 2,370
"ANSWER OF GARNISHEE" BY THE FOLLOWING DATE ON WHICH A HEARING IS 2,371
TENTATIVELY SCHEDULED RELATIVE TO THIS ORDER OF GARNISHMENT: 2,373
............ Deliver one completed AND SIGNED copy of this form 2,374
to the indicated judgment debtor PRIOR TO THAT DATE. Keep the 2,375
other COMPLETED AND SIGNED copy OF THIS FORM for your files. 2,377
The total probable amount now due on this judgment, 2,379
including interest and court costs, is $................ THE 2,381
TOTAL PROBABLE AMOUNT NOW DUE INCLUDES THE UNPAID PORTION OF THE 2,382
JUDGMENT IN FAVOR OF THE JUDGMENT CREDITOR, WHICH IS $........; 2,383
INTEREST ON THAT JUDGMENT AND, IF APPLICABLE, PREJUDGMENT 2,384
INTEREST RELATIVE TO THAT JUDGMENT AT THE RATE OF .....% PER 2,385
ANNUM PAYABLE UNTIL THAT JUDGMENT IS SATISFIED IN FULL; AND COURT 2,386
54
COSTS IN THE AMOUNT OF $........... 2,387
You also are ordered to hold safely anything of value that 2,389
belongs to the indicated judgment debtor AND that has to be paid 2,390
to the court, as determined under THE "ANSWER OF GARNISHEE" IN 2,392
section (B) of this form, but that is of such a nature that it 2,394
cannot be so delivered, until further order of the court. 2,395
Witness my hand and the seal of this court this .......... 2,397
day of .........., 19...... 2,398
............................... 2,400
Judge 2,401
SECTION B. ANSWER OF GARNISHEE 2,403
Now comes ........., the garnishee who says: 2,405
1. That the garnishee has money, property, or credits, 2,407
other than personal earnings, of the indicated judgment debtor 2,408
under the garnishee's control and in the garnishee's possession. 2,410
.......... .......... ................................... 2,414
yes no if yes, amount 2,417
2. Said THAT property is described as: 2,420
3. If the answer to line 1 is "yes" and the amount is less 2,422
than the probable amount now due on the judgment, including 2,423
interest and costs, as indicated in section (A) of this form, 2,424
sign and return this form and pay the amount of line 1 to the 2,425
clerk of this court. 2,426
4. If the answer to line 1 is "yes" and the amount is 2,428
greater than that probable amount now due ON THE JUDGMENT, AS 2,429
INDICATED IN SECTION (A) OF THIS FORM, sign and return this form 2,431
and pay that probable amount now due to the clerk of this court. 2,432
5. If the answer to line 1 is "yes" but the money, 2,434
property, or credits are of such a nature that they cannot be 2,435
delivered to the clerk of the court, indicate that by placing an 2,436
"X" in this space: ...... Do not dispose of that money, 2,437
property, or credits or give them to anyone else until further 2,438
order of the court. 2,439
55
6. If the answer to line 1 is "no"", sign and return this 2,441
form to the clerk of this court. 2,442
I certify that the statements above are true. 2,445
............................. 2,445
(Print Name of Garnishee) 2,447
............................. 2,449
(Print Name and Title of 2,451
Person Who Completed Form) 2,453
Signed .................................................... 2,455
(Signature of Person Completing Form) 2,457
Dated this .......... day of .......... 19,....." 2,459
Section A of the form described in this division shall be 2,461
filled in COMPLETED before service. Section B of the form shall 2,462
be filled in COMPLETED by the garnishee, and the original filed 2,464
GARNISHEE SHALL FILE ONE COMPLETED AND SIGNED COPY OF THE FORM 2,465
with the CLERK OF THE court as the garnishee's answer. The 2,466
garnishee may keep one completed AND SIGNED copy OF THE FORM and 2,467
shall deliver the other completed AND SIGNED copy OF THE FORM to 2,468
the judgment debtor. 2,469
If there are several AFFIDAVITS SEEKING orders of 2,471
garnishment of property, other than personal earnings, ARE FILED 2,472
against the same judgment debtor IN ACCORDANCE WITH SECTION 2,473
2716.11 OF THE REVISED CODE, they THE COURT INVOLVED shall be 2,474
issued ISSUE THE REQUESTED ORDERS in the same order in which they 2,475
were THE CLERK received by the clerk ASSOCIATED AFFIDAVITS. 2,476
(C)(1) At the time of the filing of a proceeding in 2,478
garnishment of property, other than personal earnings, under 2,479
section 2716.11 of the Revised Code, the judgment creditor also 2,480
shall file with the clerk of the court a praecipe instructing the 2,481
clerk to issue to the judgment debtor a notice and a hearing 2,482
request form. Upon receipt of the praecipe and the scheduling of 2,483
a hearing relative to an action in garnishment of property, other 2,484
than personal earnings, under division (A) of this section, the 2,485
clerk of the court immediately shall serve upon the judgment 2,486
56
debtor, in accordance with division (D) of this section, two 2,487
copies of the notice to the judgment debtor and hearing request 2,488
form. In no case shall the copies of the notice and hearing 2,489
request form be served later than seven days prior to the date on 2,490
which the hearing is scheduled. 2,491
(a) The notice to the judgment debtor that must be served 2,493
upon the judgment debtor shall be in substantially the following 2,494
form: 2,495
"(Name and Address of the Court) 2,497
(Case Caption) ........... Case No. ........... 2,499
NOTICE TO THE JUDGMENT DEBTOR 2,501
You are hereby notified that this court has issued an order 2,503
in the above case in favor of (name and address of judgment 2,504
creditor), the judgment creditor in this proceeding, directing 2,505
that some of your money, property, or credits, other than 2,506
personal earnings, now in the possession of (name and address of 2,507
garnishee), the garnishee in this proceeding, be used to satisfy 2,508
your debt to the judgment creditor. This order was issued on the 2,509
basis of the judgment creditor's judgment against you that was 2,510
obtained in (name of court) in (case number) on (date). Upon 2,511
your receipt of this notice, you are prohibited from removing or 2,512
attempting to remove such THE money, property, or credits until 2,513
expressly permitted by the court. Any violation of this 2,514
prohibition subjects you to punishment for contempt of court. 2,515
The law of Ohio and the United States provides that certain 2,517
benefit payments cannot be taken from you to pay a debt. Typical 2,518
among the benefits that cannot be attached or executed upon by a 2,519
creditor are THE FOLLOWING: 2,520
(1) Workers' compensation benefits; 2,522
(2) Unemployment compensation payments; 2,524
(3) Aid to dependent children (A.D.C.); 2,526
(4) Disability assistance administered by the Ohio 2,528
department of human services; 2,529
(5) Social security benefits; 2,531
57
(6) Supplemental security income (S.S.I.); 2,533
(7) Veteran's benefits; 2,535
(8) Black lung benefits; 2,537
(9) Certain pensions. 2,539
Additionally, wages under a certain amount may not be taken 2,541
to pay the debt. There may be other benefits not included in the 2,542
above list that apply in your case. 2,543
If you dispute the judgment creditor's right to garnish 2,545
your property and believe that the judgment creditor should not 2,546
be given your money, property, or credits, other than personal 2,547
earnings, now in the possession of the indicated garnishee 2,548
because they are exempt or if you feel that this order is 2,549
improper for any other reason, you may request a hearing before 2,550
this court by disputing the claim in the request for hearing 2,551
form, appearing below, or in a substantially similar form, and 2,552
delivering the request for hearing to this court at the above 2,553
address, at the office of the clerk of this court, no later than 2,554
the end of the fifth business day after you receive this notice. 2,555
You may state your reasons for disputing the judgment creditor's 2,556
right to garnish your property in the space provided on the form 2,557
but; HOWEVER, you are not required to do so. If you do state 2,559
your reasons for disputing the judgment creditor's right, you are 2,560
not prohibited from stating any other reason at the hearing, and 2,561
if. IF you do not state your reasons, it will not be held 2,563
against you by the court, and you can state your reasons at the 2,564
hearing. NO OBJECTIONS TO THE JUDGMENT ITSELF WILL BE HEARD OR 2,565
CONSIDERED AT THE HEARING. IF
If you request a hearing, the hearing will be limited to a 2,567
consideration of the amount of your money, property, or credits, 2,568
other than personal earnings, in the possession or control of the 2,569
indicated garnishee, if any, that can be used to satisfy all or 2,570
part of the judgment you owe to the judgment creditor. No 2,571
objections to the judgment itself will be heard or considered at 2,572
any such hearing. 2,573
58
If you request a hearing by delivering your request for 2,575
hearing no later than the end of the fifth business day after you 2,576
receive this notice, it will be conducted in .......... courtroom 2,577
.........., (address of court), at ..... m. on .........., 2,579
19...... You may request the court to conduct the hearing before
this date by indicating your request in the space provided on the 2,580
form; the court then will send you notice of any change in the 2,581
date, time, or place of the hearing. If you do not request a 2,582
hearing by delivering your request for A hearing no later than 2,583
the end of the fifth business day after you receive this notice, 2,584
some of your money, property, or credits, other than personal 2,585
earnings, will be paid to the judgment creditor. 2,586
If you have any questions concerning this matter, you may 2,588
contact the office of the clerk of this court. If you want legal 2,589
representation, you should contact your lawyer immediately. If 2,590
you need the name of a lawyer, contact the local bar association. 2,592
............................. 2,593
Clerk of the Court 2,595
............................. 2,597
Date" 2,599
(b) The hearing request form that must be served upon the 2,601
judgment debtor shall have attached to it a postage-paid, 2,602
self-addressed envelope or shall be on a postage-paid 2,603
self-addressed postcard, and shall be in substantially the 2,604
following form: 2,605
"(Name and Address of Court) 2,607
Case Number.......... Date.......... 2,609
REQUEST FOR HEARING 2,611
I dispute the judgment creditor's right to garnish my 2,613
money, property, or credits, other than personal earnings, in the 2,614
above case and request that a hearing in this matter be held 2,616
........................................... the date and time set 2,616
(Insert "on" or "earlier than") 2,618
forth in the document entitled "NOTICE OF TO THE JUDGMENT DEBTOR" 2,622
59
that I received with this request form. 2,623
I dispute the judgment creditor's right to garnish my 2,626
property for the following reasons:
................................................................. 2,627
(Optional) 2,628
................................................................. 2,629
................................................................. 2,630
I UNDERSTAND THAT NO OBJECTIONS TO THE JUDGMENT ITSELF WILL 2,632
BE HEARD OR CONSIDERED AT THE HEARING. 2,633
2,634
.............................. 2,635
(Name of Judgment Debtor) 2,636
.............................. 2,637
(Signature) 2,638
.............................. 2,639
(Date) 2,640
WARNING: IF YOU DO NOT DELIVER THIS REQUEST FOR HEARING OR 2,643
A REQUEST IN A SUBSTANTIALLY SIMILAR FORM TO THE OFFICE OF THE 2,644
CLERK OF THIS COURT WITHIN FIVE (5) BUSINESS DAYS OF YOUR RECEIPT 2,645
OF IT, YOU WAIVE YOUR RIGHT TO A HEARING, AND SOME OF YOUR MONEY, 2,646
PROPERTY, OR CREDITS, OTHER THAN PERSONAL EARNINGS, NOW IN THE 2,647
POSSESSION OF (GARNISHEE'S NAME) WILL BE PAID TO (JUDGMENT 2,648
CREDITOR'S NAME) TO SATISFY SOME OF YOUR DEBT TO HIM (JUDGEMENT 2,649
CREDITOR'S NAME) THE JUDGMENT CREDITOR." 2,650
(2) The judgment debtor may receive a hearing in 2,652
accordance with this division by delivering a written request for 2,653
A hearing to the court within five business days after receipt of 2,654
the notice provided pursuant to division (C)(1) of this section. 2,655
The request may set forth the judgment debtor's reasons for 2,656
disputing the judgment creditor's right to garnish the money, 2,657
property, or credits, other than wages PERSONAL EARNINGS; 2,658
however, neither the judgment debtor's inclusion of nor failure 2,660
to include such THOSE reasons upon the request constitutes a 2,661
waiver of any defense of the judgment debtor or affects the 2,662
60
judgment debtor's right to produce evidence at any THE hearing. 2,663
If the request is made by the judgment debtor within the 2,665
prescribed time, the hearing shall be limited to a consideration 2,666
of the amount of money, property, or credits, other than wages 2,667
PERSONAL EARNINGS, of the judgment debtor in the hands of the 2,669
garnishee, if any, that can be used to satisfy all or part of the 2,670
debt owed by the judgment debtor to the judgment creditor. If a 2,671
request for a hearing is not received by the court within the 2,672
prescribed time, the hearing scheduled pursuant to division (A) 2,673
of this section shall be canceled unless the court grants the
judgment debtor a continuance in accordance with division (C)(3) 2,674
of this section. 2,675
(3) If the judgment debtor does not request a hearing in 2,677
the action within the prescribed time pursuant to division (C)(2) 2,678
of this section, the court nevertheless may grant a continuance 2,679
of the scheduled hearing if the judgment debtor, prior to the 2,680
time at which the hearing was scheduled, as indicated on the 2,681
notice to the judgment debtor required by division (C)(1) of this 2,682
section, establishes a reasonable justification for his THE 2,683
JUDGMENT DEBTOR'S failure to request the hearing within the 2,685
prescribed time. If the court grants such a continuance of the 2,686
hearing, it shall cause the matter to be set for hearing as soon 2,687
as practicable thereafter. The continued hearing shall be 2,688
conducted in accordance with division (C)(2) of this section. 2,689
(4) The court may conduct the hearing on the matter prior 2,691
to the time at which the hearing was scheduled, as indicated on 2,692
the notice to the judgment debtor required by division (C)(1) of 2,693
this section, upon the request of the judgment debtor. The 2,694
parties shall be sent notice, by the clerk of the court, by 2,695
regular mail, of any change in the date, time, or place of the 2,696
hearing. 2,697
(5) If the scheduled hearing is canceled and no 2,699
continuance is granted, the court shall issue an order to the 2,700
garnishee to pay all or some of the money, property, or credits, 2,701
61
other than wages PERSONAL EARNINGS, of the judgment debtor in the 2,703
possession of the garnishee at the time of service of the notice 2,704
and order into court if they have not already been paid to the 2,705
court. This order shall be based on the answer of the garnishee 2,706
filed pursuant to this section. If the scheduled hearing is 2,707
conducted or if it is continued and conducted, the court shall 2,708
determine at the hearing the amount of the money, property, or 2,709
credits, other than wages PERSONAL EARNINGS, of the judgment 2,710
debtor in the possession of the garnishee at the time of service 2,712
of the notice and order, if any, that can be used to satisfy all 2,713
or part of the debt owed by the judgment debtor to the judgment 2,714
creditor, and issue an order, accordingly, to the garnishee to 2,715
pay that amount into court if it has not already been paid to the 2,716
court.
(D) The notice to the judgment debtor and hearing request 2,718
form, as described in division (C) of this section, shall be sent 2,719
by the clerk by ordinary or regular mail service unless the 2,720
judgment creditor requests that service be made in accordance 2,721
with the Rules of Civil Procedure, in which case the notice and 2,722
form shall be served in accordance with the Rules of Civil 2,723
Procedure. Any court of common pleas that issues an order of 2,724
garnishment of property, other than personal earnings, under this 2,725
section has jurisdiction to serve process pursuant to this 2,726
section upon a garnishee who does not reside within the 2,727
jurisdiction of the court. Any county court or municipal court 2,728
that issues an order of garnishment of property, other than 2,729
personal earnings, under this section has jurisdiction to serve 2,730
process pursuant to this section upon a garnishee who does not 2,731
reside within the jurisdiction of the court. 2,732
Sec. 2716.21. (A) If the answer of a garnishee required 2,741
by section 2716.05 or 2716.13 of the Revised Code is not made in 2,742
writing as ordered by the court that issued the garnishment 2,743
order, the answer shall be made before the clerk of the court of 2,744
common pleas of the county in which the garnishee resides, or, if 2,745
62
the garnishee resides outside of the state, before the clerk of 2,746
the county in which the garnishee was served or in which the 2,747
action is pending. Upon receipt of an answer under this 2,748
division, the clerk shall transmit it to the clerk of the court 2,749
in which the action is pending, if different, in the same manner 2,750
as depositions are required to be directed and transmitted. For 2,751
the clerk's services, the clerk shall receive such THE fees as 2,753
are allowed by law for taking depositions and to clerks for 2,755
furnishing certificates with their seals of office attached. 2,756
(B) After written notice THE ORDER of garnishment is 2,758
served on a garnishee, as provided in section 2716.05 or 2716.13 2,760
of the Revised Code, the garnishee shall return the answer to the 2,761
court that issued the garnishment order within five business days 2,762
after receipt of the notice ORDER if the notice ORDER is served 2,764
under section 2716.05 of the Revised Code, or before the date set 2,765
for the hearing as indicated on the notice ORDER if the notice 2,766
ORDER is served under section 2716.13 of the Revised Code. The 2,767
garnishee shall answer all questions addressed to the garnishee 2,768
regarding the personal earnings owed to OF the judgment debtor 2,770
for services rendered before service of the notice, or regarding 2,771
the amount of money, property, or credits, other than personal 2,772
earnings, of the judgment debtor that are in the garnishee's 2,773
possession or under the garnishee's control at the time of 2,774
service of the notice and order, whichever is applicable. The 2,776
garnishee shall truly disclose the amount owed by the garnishee 2,777
to the judgment debtor whether due or not, and, in the case of a 2,779
corporation, any stock held therein IN THE CORPORATION by or for 2,780
the benefit of the judgment debtor. If a garnishee answers and 2,781
it is discovered that, at the TIME OF THE service of the notice 2,782
ORDER upon the garnishee, the garnishee possessed any money, 2,784
property, or credits of the judgment debtor or was indebted to 2,786
the judgment debtor, the court may order the payment of the 2,787
amount owed into court, or it may permit the garnishee to retain 2,788
the money, property, or credits or the amount owed upon the 2,789
63
garnishee's executing to the judgment creditor a bond with 2,791
sufficient surety to the effect that the amount will be paid as 2,792
the court directs.
(C) If, in a garnishee's answer, a garnishee admits an 2,794
indebtedness to the judgment debtor and the court orders the 2,796
payment of it in whole or in part to the judgment creditor, and 2,797
IF the garnishee fails to pay according to the order, execution 2,798
may issue on the order. 2,799
(D) A garnishee shall pay the personal earnings owed to 2,801
the judgment debtor or the money or value of the property or 2,802
credits, other than personal earnings, of the judgment debtor in 2,803
the garnishee's possession or under the garnishee's control at 2,805
the time of service of the notice and order OF GARNISHMENT, or so 2,806
much thereof as the court orders, into court. The garnishee 2,807
shall be discharged from liability to the judgment debtor for 2,808
money so paid, and shall not be subjected to costs beyond those 2,809
caused by the garnishee's resistance of the claims against the 2,811
garnishee. A garnishee is liable to the judgment creditor for 2,814
all money, property, and credits, other than personal earnings, 2,815
of the judgment debtor in the garnishee's possession or under the 2,817
garnishee's control or for all personal earnings due from the 2,818
garnishee to the judgment debtor, whichever is applicable, at the 2,821
time the garnishee is served with the written notice and order
required in UNDER section 2716.05 or 2716.13 of the Revised Code. 2,823
(E) If a garnishee fails to answer as required by this 2,825
section, answers but fails to answer satisfactorily, or fails to 2,826
comply with a proper order of a court in connection with a 2,827
garnishment under this chapter, the court may proceed against the 2,829
garnishee for contempt. 2,830
Upon the request of the judgment creditor, a special 2,832
examination of a garnishee may be had by the judgment creditor if 2,833
the garnishee fails to answer as required by this section, 2,834
answers but fails to answer satisfactorily, or fails to comply 2,835
with a proper order of a court in connection with the 2,836
64
garnishment. That examination may be conducted in the county in 2,837
which the garnishee resides. 2,838
(F) If a garnishee fails to answer as required by this 2,840
section, answers and the garnishee's disclosure ANSWER is not 2,841
satisfactory to the judgment creditor, or fails to comply with 2,843
the order of the court to pay the money owed or deliver the 2,844
property into court or to give the bond authorized under division 2,845
(B) of this section, the judgment creditor may proceed against 2,846
the garnishee by civil action. Thereupon, such proceedings may 2,847
be had as in other civil actions. Judgment may be rendered in 2,848
favor of the judgment creditor for the amount of money owed the 2,849
judgment debtor in the garnishee's possession at the time the 2,850
garnishee was served with the written notice and order required 2,851
in OF GARNISHMENT UNDER section 2716.05 or 2716.13 of the Revised 2,852
Code, and, IF IT APPEARS ON THE TRIAL THAT THE GARNISHEE'S ANSWER 2,854
WAS INCOMPLETE, for the costs of the proceedings against the 2,856
garnishee. The judgment creditor shall pay the costs of such an 2,857
action unless it appears on the trial that the garnishee's 2,858
disclosure was incomplete. An action authorized under this 2,860
division shall be brought in the county in which the garnishee 2,861
resides.
Sec. 3111.23. (A)(1) If an administrative officer of a 2,870
child support enforcement agency issues an administrative support 2,871
order under section 3111.20, 3111.21, or 3111.22 of the Revised 2,873
Code, the agency shall require the withholding or deduction of an 2,874
amount of the wages or assets of the obligor in accordance with 2,875
division (B) of this section to ensure that withholding or 2,876
deduction from the wages or assets of the obligor is available 2,877
from the commencement of the administrative support order for the 2,878
collection of the support and any arrearages that occur. The 2,879
agency shall determine the specific withholding or deduction 2,880
requirements applicable to the obligor under the administrative 2,881
support order in accordance with division (B) of this section and 2,882
shall include the specific requirements in the notices described 2,883
65
in divisions (A)(2) and (B) of this section. Any person required 2,884
to comply with the withholding or deduction requirements shall 2,885
determine the manner of withholding or deducting an amount of the 2,886
wages or assets of the obligor in accordance with the specific 2,887
requirements included in the notices described in those divisions 2,888
without the need for any amendment to the administrative support 2,889
order. The agency shall include in an administrative support 2,890
order under section 3111.20, 3111.21, or 3111.22 of the Revised 2,891
Code a general provision that states the following: 2,892
"All child support ordered by this administrative support 2,894
order shall be withheld or deducted from the wages or assets of 2,895
the obligor pursuant to a withholding or deduction notice issued 2,897
in accordance with section 3111.23 of the Revised Code and shall 2,898
be forwarded to the obligee in accordance with sections 3111.23 2,899
to 3111.28 of the Revised Code." 2,900
(2) In any action in which support is ordered or modified 2,902
under an administrative support order as described in division 2,903
(A)(1) of this section, the child support enforcement agency 2,904
shall determine in accordance with division (B) of this section 2,905
the types of withholding or deduction requirements that should be 2,906
imposed relative to the obligor under the administrative support 2,907
order to collect the support due under the order. Within fifteen 2,908
days after the obligor under the administrative support order is 2,909
located subsequent to the issuance of the administrative support 2,910
order or within fifteen days after the default under the 2,911
administrative support order, whichever is applicable, the agency 2,912
shall send a notice by regular mail to each person required to 2,913
comply with a withholding or deduction requirement. The notice 2,914
shall specify the withholding or deduction requirement and shall 2,915
contain all of the information set forth in division (B)(1)(b), 2,916
(2)(b), (3)(b), (4)(b), or (5)(b) of this section that is 2,917
applicable to the requirement. The notices, plus the notices 2,918
provided by the child support enforcement agency that require the 2,919
obligor to notify the agency of any change in the obligor's 2,920
66
employment status or of any other change in the status of the 2,921
obligor's assets, are final and are enforceable by the court. 2,923
The agency shall provide the notice to the obligor in accordance 2,924
with division (B)(1)(c), (2)(c), (3)(c), (4)(c), or (5)(c) of 2,925
this section, whichever is applicable, and shall include with 2,926
that notice the additional notices described in the particular 2,927
division that is applicable.
(3)(a) If support is ordered or modified on or after 2,929
December 31, 1993, under an administrative support order issued 2,930
under section 3111.20, 3111.21, or 3111.22 of the Revised Code, 2,932
if the child support enforcement agency has determined in 2,933
accordance with division (A)(2) of this section the types of 2,934
withholding or deduction requirements that should be imposed 2,935
relative to the obligor under the support order to collect the 2,936
support due under the order, if the agency has sent the 2,937
appropriate notices to the persons required to comply with the 2,938
withholding or deduction requirements that the agency determined 2,939
should be imposed, and if the agency is notified or otherwise 2,940
determines that the employment status or other circumstances of 2,941
the obligor have changed, the agency shall conduct an 2,942
investigation to determine whether it is more appropriate to 2,943
impose another type of or an additional withholding or deduction 2,944
requirement regarding the administrative support order and shall 2,945
issue and send by regular mail one or more notices described in 2,946
division (B) of this section that it determines are appropriate. 2,947
The notices shall be sent within fifteen days after the obligor 2,948
under the administrative support order is located or within 2,949
fifteen days after the default under the administrative support 2,950
order, whichever is applicable. The notices shall specify the 2,951
withholding or deduction requirement and shall contain all of the 2,952
information set forth in division (B)(1)(b), (2)(b), (3)(b), 2,953
(4)(b), or (5)(b) of this section that is applicable. The agency 2,954
shall provide the notices to the obligor in accordance with 2,955
division (B)(1)(c), (2)(c), (3)(c), (4)(c), or (5)(c) of this 2,956
67
section, whichever is applicable, and shall include with that 2,957
notice the additional notices described in the particular 2,958
division that is applicable. The notices are final and are 2,959
enforceable by the court. 2,960
If the child support enforcement agency previously has 2,962
issued one or more notices containing one or more of the 2,963
requirements described in division (B) of this section and the 2,964
agency determines that any of the requirements no longer are 2,965
appropriate due to the change in the employment status or other 2,966
circumstances of the obligor, the agency immediately shall cancel 2,967
any previously issued notice that no longer is appropriate, shall 2,968
send written notice of the cancellation by regular mail to the 2,969
person who was required to comply with the withholding or 2,970
deduction requirement contained in the canceled notice, and shall 2,971
issue one or more new notices containing one or more requirements 2,972
described in division (B) of this section that it determines are 2,973
appropriate. The notices shall be sent within fifteen days after 2,974
the obligor under the administrative support order is located or 2,975
within fifteen days after the default under the administrative 2,976
support order, whichever is applicable. 2,977
(b) If support has been ordered prior to December 31, 2,979
1993, under an administrative support order issued under section 2,980
3111.20, 3111.21, or 3111.22 of the Revised Code, if the 2,981
administrative support order has not been modified on or after 2,983
December 31, 1993, if the administrative support order includes a 2,984
provision that is substantively comparable to the general 2,985
provision described in division (A)(1) of this section that must 2,986
be included in all administrative support orders issued or 2,987
modified on or after December 31, 1993, and if the child support 2,988
enforcement agency is notified or otherwise determines that the 2,989
employment status or other circumstances of the obligor under the 2,990
support order have changed so that it is appropriate to impose a 2,991
withholding or deduction requirement as described in division (B) 2,992
of this section to collect the support due under the order, the 2,993
68
agency shall comply with division (A)(3)(a) of this section as if 2,994
the administrative support order had been issued or modified on 2,995
or after December 31, 1993, and as if it included the general 2,996
provision described in division (A)(1) of that section that must 2,997
be included in all administrative support orders issued or 2,998
modified on or after that date. The notices issued under this 2,999
division are final and are enforceable by the court. 3,000
(c) If support has been ordered prior to December 31, 3,002
1993, under an administrative support order issued under section 3,003
3111.20, 3111.21, or 3111.22 of the Revised Code, if the 3,004
administrative support order has not been modified on or after 3,006
December 31, 1993, if the administrative support order does not 3,007
include a provision that is substantively comparable to the 3,008
general provision described in division (A)(1) of this section 3,009
that must be included in all administrative support orders issued 3,010
or modified on or after December 31, 1993, and if the child 3,011
support enforcement agency is notified or otherwise determines 3,012
that the employment status or other circumstances of the obligor 3,013
under the support order have changed so that it is appropriate to 3,014
impose a withholding or deduction requirement as described in 3,015
division (B) of this section to collect the support due under the 3,016
order, the agency may reissue the administrative support order in 3,017
question to be identical to the administrative support order 3,018
except for a general provision, as described in division (A)(1) 3,019
of this section, requiring the withholding or deduction of wages 3,020
or assets of the obligor in accordance with division (B) of this 3,021
section to ensure that withholding or deduction from the wages or 3,022
assets is available for the collection of current support and any 3,023
arrearages that occur. Except for the inclusion of the general 3,024
provision, the provisions of a reissued administrative support 3,025
order under this division shall be identical to those of the 3,026
administrative support order in question, and the child support 3,027
enforcement agency shall issue one or more notices requiring 3,028
withholding or deduction of wages or assets of the obligor in 3,029
69
accordance with divisions (A)(2) and (B) of this section. 3,030
Thereafter, division (A)(3)(a) of this section applies to the 3,031
issuance of notices under those divisions with respect to that 3,032
administrative support order. The notices issued under this 3,034
division are final and are enforceable by the court. The general 3,035
provision for the withholding or deduction of wages or assets to 3,036
be included in the reissued administrative support order 3,037
specifically shall include the statement set forth in division 3,038
(A)(1) of this section. 3,039
(4) If, pursuant to division (A)(2) or (A)(3)(a), (b), or 3,041
(c) of this section, a person is sent a notice described in 3,042
division (B) of this section requiring a withholding or deduction 3,043
requirement and the person fails to comply with the notice, the 3,044
child support enforcement agency, in accordance with section 3,045
3111.28 of the Revised Code, shall request the court to find the 3,046
person in contempt pursuant to section 2705.02 of the Revised 3,047
Code.
(5) The department of human services shall adopt standard 3,049
forms for the support withholding and deduction notices 3,050
prescribed by divisions (A)(1) to (3) and (B) of this section. 3,051
All child support enforcement agencies shall use the forms in 3,052
complying with this section. 3,053
(B) If a child support enforcement agency is required by 3,055
division (A) of this section to issue one or more withholding or 3,056
deduction notices described in this division, the agency shall 3,057
issue one or more of the following types of notices to pay the 3,058
support required under the administrative support order in 3,059
question and to pay any arrearages: 3,060
(1)(a) If the child support enforcement agency determines 3,062
that the obligor is employed, the agency shall require the 3,063
obligor's employer to withhold from the obligor's personal 3,064
earnings a specified amount for support in satisfaction of the 3,065
administrative support order, to begin the withholding no later 3,066
than the first pay period that occurs after fourteen working days 3,067
70
following the date the notice was mailed to the employer under 3,068
divisions (A)(2) or (3) and (B)(1)(b) of this section, to send 3,069
the amount withheld to the child support enforcement agency 3,070
designated for that county pursuant to section 2301.35 of the 3,071
Revised Code, to send that amount to the agency immediately but 3,072
not later than ten days after the date the obligor is paid, and 3,073
to continue the withholding at intervals specified in the notice 3,074
until further notice from the agency. To the extent possible, 3,075
the amount specified in the notice to be withheld shall satisfy 3,076
the amount ordered for support in the administrative support 3,077
order plus any arrearages that may be owed by the obligor under 3,078
any prior court or administrative support order that pertained to 3,079
the same child or spouse, notwithstanding the ANY APPLICABLE 3,080
limitations of sections 2329.66, 2329.70, 2716.02, 2716.041, and 3,081
2716.05 of the Revised Code. However, in no case shall the sum 3,083
of the amount specified in the notice to be withheld and any fee 3,084
withheld by the employer as a charge for its services exceed the 3,085
maximum amount permitted under section 303(b) of the "Consumer 3,086
Credit Protection Act," 15 U.S.C. 1673(b). 3,087
(b) If the agency imposes a withholding requirement under 3,089
division (B)(1)(a) of this section, the agency, within the 3,090
applicable period of time specified in division (A) of this 3,091
section, shall send to the obligor's employer by regular mail a 3,092
notice that contains all of the information set forth in 3,093
divisions (B)(1)(b)(i) to (xi) of this section. The notice is 3,094
final and is enforceable by the court. The notice shall contain 3,095
all of the following: 3,096
(i) The amount to be withheld from the obligor's wages and 3,098
a statement that the amount actually withheld for support and 3,099
other purposes, including the fee described in division 3,100
(B)(1)(b)(xi) of this section, shall not be in excess of the 3,101
maximum amounts permitted under section 303(b) of the "Consumer 3,102
Credit Protection Act," 15 U.S.C. 1673(b); 3,103
(ii) A statement that the employer is required to send the 3,105
71
amount withheld to the child support enforcement agency 3,106
immediately, but not later than ten working days, after the 3,107
obligor is paid by the employer and is required to report to the 3,108
agency the date on which the amount was withheld from the 3,109
obligor's wages; 3,110
(iii) A statement that the withholding is binding upon the 3,112
employer until further notice from the agency; 3,113
(iv) A statement that the employer is subject to a fine to 3,115
be determined under the law of this state for discharging the 3,116
obligor from employment, refusing to employ the obligor, or 3,117
taking any disciplinary action against the obligor because of the 3,118
withholding requirement; 3,119
(v) A statement that, if the employer fails to withhold 3,121
wages in accordance with the provisions of the notice, the 3,122
employer is liable for the accumulated amount the employer should 3,123
have withheld from the obligor's wages; 3,124
(vi) A statement that the withholding in accordance with 3,126
the notice and under the provisions of this section has priority 3,127
over any other legal process under the law of this state against 3,128
the same wages; 3,129
(vii) The date on which the notice was mailed and a 3,131
statement that the employer is required to implement the 3,132
withholding no later than the first pay period that occurs after 3,133
fourteen working days following the date the notice was mailed 3,134
and is required to continue the withholding at the intervals 3,135
specified in the notice; 3,136
(viii) A requirement that the employer promptly notify the 3,138
child support enforcement agency, in writing, within ten working 3,139
days after the date of any termination of the obligor's 3,140
employment, any layoff of the obligor, any leave of absence of 3,141
the obligor without pay, or any other situation in which the 3,142
employer ceases to pay personal earnings in an amount sufficient 3,143
to comply with the administrative order to the obligor and 3,144
provide the agency with the obligor's last known address; 3,145
72
(ix) A requirement that the employer identify in the 3,147
notification given under division (B)(1)(b)(viii) of this section 3,148
any types of benefits other than personal earnings that the 3,149
obligor is receiving or is eligible to receive as a benefit of 3,150
employment or as a result of the obligor's termination of 3,151
employment, including, but not limited to, unemployment 3,152
compensation, workers' compensation benefits, severance pay, sick 3,153
leave, lump sum payments of retirement benefits or contributions, 3,154
and bonuses or profit-sharing payments or distributions, and the 3,155
amount of such benefits, and include in the notification the 3,156
obligor's last known address and telephone number, date of birth, 3,157
social security number, and case number and, if known, the name 3,158
and business address of any new employer of the obligor; 3,159
(x) A requirement that, no later than the earlier of 3,161
forty-five days before the lump-sum payment is to be made or, if 3,162
the obligor's right to the lump-sum payment is determined less 3,163
than forty-five days before it is to be made, the date on which 3,164
that determination is made, the employer notify the child support 3,165
enforcement agency of any lump-sum payments of any kind of five 3,166
hundred dollars or more that are to be paid to the obligor, hold 3,167
the lump-sum payments of five hundred dollars or more for thirty 3,168
days after the date on which the lump-sum payments otherwise 3,169
would have been paid to the obligor, if the lump-sum payments are 3,170
workers' compensation benefits, severance pay, sick leave, 3,171
lump-sum payments of retirement benefits or contributions, annual 3,172
bonuses, or profit-sharing payments or distributions, and, upon 3,173
order of the agency, pay any specified amount of the lump-sum 3,174
payment to the child support enforcement agency. 3,175
(xi) A statement that, in addition to the amount withheld 3,177
for support, the employer may withhold a fee from the obligor's 3,178
earnings as a charge for its services in complying with the 3,179
notice a specification of the amount that may be withheld. 3,180
(c) The agency shall send the notice described in division 3,182
(B)(1)(b) of this section to the obligor, and shall attach to the 3,183
73
notice an additional notice requiring the obligor immediately to 3,184
notify the child support enforcement agency, in writing, of any 3,185
change in employment, including self-employment, and of the 3,186
availability of any other sources of income that can be the 3,187
subject of any withholding or deduction requirement described in 3,188
division (B) of this section. The agency shall serve the notices 3,189
upon the obligor at the same time as service of the 3,190
administrative support order or, if the administrative support 3,191
order previously has been issued, shall send the notices to the 3,192
obligor by regular mail at the obligor's last known address at 3,194
the same time that it sends the notice described in division 3,195
(B)(1)(b) of this section to the employer. The notification 3,196
required of the obligor shall include a description of the nature 3,197
of any new employment, the name and business address of any new 3,198
employer, and any other information reasonably required by the 3,199
agency. No obligor shall fail to give the notification as 3,200
required by division (B)(1)(c) of this section. 3,201
(2)(a) If the child support enforcement agency determines 3,203
that the obligor is receiving workers' compensation payments, the 3,204
agency may require the bureau of workers' compensation or the 3,205
employer that has been granted the privilege of paying 3,206
compensation directly and that is paying workers' compensation 3,207
benefits to the obligor to withhold from the obligor's workers' 3,208
compensation payments a specified amount for support in 3,209
satisfaction of the administrative support order, to begin the 3,210
withholding no later than the date of the first payment that 3,211
occurs after fourteen working days following the date the notice 3,212
was mailed to the bureau or employer under divisions (A)(2) or 3,213
(3) and (B)(2)(b) of this section, to send the amount withheld to 3,214
the child support enforcement agency designated for that county 3,215
pursuant to section 2301.35 of the Revised Code, to send that 3,216
amount to the agency immediately but not later than ten days 3,217
after the date the payment is made to the obligor, to provide the 3,218
date on which the amount was withheld, and to continue the 3,219
74
withholding at intervals specified in the notice until further 3,220
notice from the agency. To the extent possible, the amount 3,221
specified in the notice to be withheld shall satisfy the amount 3,222
ordered for support in the administrative support order plus any 3,223
arrearages that may be owed by the obligor under any prior court 3,224
or administrative support order that pertained to the same child 3,225
or spouse, notwithstanding the limitations of section 4123.67 of 3,226
the Revised Code. However, in no case shall the sum of the 3,227
amount specified in the notice to be withheld and any fee 3,228
withheld by an employer as a charge for its services exceed the 3,229
maximum amount permitted under section 303(b) of the "Consumer 3,230
Credit Protection Act," 15 U.S.C. 1673(b). 3,231
(b) If the agency imposes a withholding requirement under 3,233
division (B)(2)(a) of this section, it, within the applicable 3,234
period of time specified in division (A) of this section, shall 3,235
send to the bureau of workers' compensation or the employer that 3,236
is paying the obligor's workers' compensation benefits by regular 3,237
mail a notice that contains all of the information set forth in 3,238
divisions (B)(2)(b)(i) to (x) of this section. The notice is 3,239
final and is enforceable by the court. The notice shall contain 3,240
all of the following: 3,241
(i) The amount to be withheld from the obligor's worker's 3,243
compensation payments and a statement that the amount actually 3,244
withheld for support and other purposes, including the fee 3,245
described in division (B)(2)(b)(x) of this section, if 3,246
applicable, shall not be in excess of the maximum amounts 3,247
permitted under section 303(b) of the "Consumer Credit Protection 3,248
Act," 15 U.S.C. 1673(b); 3,249
(ii) A statement that the bureau or employer is required 3,251
to send the amount withheld to the child support enforcement 3,252
agency immediately, but not later than ten working days, after 3,253
the payment is made to the obligor and is required to report to 3,254
the agency the date on which the amount was withheld from the 3,255
obligor's payments; 3,256
75
(iii) A statement that the withholding is binding upon the 3,258
bureau or employer until further notice from the court or agency; 3,259
(iv) If the notice is sent to an employer who is paying 3,261
the obligor's worker's compensation benefits, a statement that, 3,262
if the employer fails to withhold from the obligor's worker's 3,263
compensation payments in accordance with the provisions of the 3,264
notice, the employer is liable for the accumulated amount the 3,265
employer should have withheld from the obligor's payments; 3,266
(v) A statement that the withholding in accordance with 3,268
the notice and under the provisions of this section has priority 3,269
over any other legal process under the law of this state against 3,270
the same payment of benefits; 3,271
(vi) The date on which the notice was mailed and a 3,273
statement that the bureau or employer is required to implement 3,274
the withholding no later than the date of the first payment that 3,275
occurs after fourteen working days following the date the notice 3,276
was mailed and is required to continue the withholding at the 3,277
intervals specified in the notice; 3,278
(vii) A requirement that the bureau or employer promptly 3,280
notify the child support enforcement agency, in writing, within 3,281
ten working days after the date of any termination of the 3,282
obligor's workers' compensation benefits; 3,283
(viii) A requirement that the bureau or employer include 3,285
in all notices the obligor's last known mailing address, last 3,286
known residence address, and social security number; 3,287
(ix) A requirement that, no later than the earlier of 3,289
forty-five days before the lump sum payment is to be made or, if 3,290
the obligor's right to the lump sum payment is determined less 3,291
than forty-five days before it is to be made, the date on which 3,292
that determination is made, the bureau or employer notify the 3,293
child support enforcement agency of any lump-sum payment of any 3,294
kind of five hundred dollars or more that is to be paid to the 3,295
obligor, hold the lump-sum payment for thirty days after the date 3,296
on which the lump-sum payment otherwise would be paid to the 3,297
76
obligor, and, upon order of the agency, pay any specified amount 3,298
of the lump-sum payment to the agency. 3,299
(x) If the notice is sent to an employer who is paying the 3,301
obligor's workers' compensation benefits a statement that, in 3,302
addition to the amount withheld for support, the employer may 3,303
withhold a fee from the obligor's benefits as a charge for its 3,304
services in complying with the notice and a specification of the 3,305
amount that may be withheld. 3,306
(c) The agency shall send the notice described in division 3,308
(B)(2)(b) of this section to the obligor and shall attach to the 3,309
notice an additional notice requiring the obligor to immediately 3,310
notify the child support enforcement agency, in writing, of any 3,311
change in the obligor's workers' compensation payments, of the 3,313
commencement of employment, including self-employment, and of the 3,314
availability of any other sources of income that can be the 3,315
subject of any withholding or deduction requirement described in 3,316
division (B) of this section. The agency shall serve the notices 3,317
upon the obligor at the same time as service of the 3,318
administrative support order or, if the administrative support 3,319
order previously has been issued, shall send the notices to the 3,320
obligor by regular mail at the obligor's last known address at 3,321
the same time that it sends the notice described in division 3,323
(B)(2)(b) of this section to the bureau or employer. The 3,324
additional notice also shall specify that upon commencement of 3,325
employment the obligor may request the child support enforcement 3,326
agency to cancel its administrative workers' compensation payment 3,327
withholding notice and instead issue a notice requiring the 3,328
withholding of an amount from the obligor's personal earnings for 3,329
support in accordance with division (B)(1) of this section and 3,330
that upon commencement of employment the agency may cancel its 3,331
workers' compensation payment withholding notice and instead will 3,332
issue a notice requiring the withholding of an amount from the 3,333
obligor's personal earnings for support in accordance with 3,334
division (B)(1) of this section. The notification required of 3,335
77
the obligor shall include a description of the nature of any new 3,336
employment, the name and business address of any new employer, 3,337
and any other information reasonably required by the agency. 3,338
(3)(a) If the child support enforcement agency determines 3,340
that the obligor is receiving any pension, annuity, allowance, or 3,341
other benefit or is to receive or has received a warrant 3,342
refunding the obligor's individual account from the public 3,343
employees retirement system, a municipal retirement system 3,344
established subject to sections 145.01 to 145.58 of the Revised 3,345
Code, the police and firemen's disability and pension fund, the 3,347
state teachers retirement system, the school employees retirement 3,348
system, or the state highway patrol retirement system, the agency 3,349
may require the public employees retirement board, the board, 3,350
board of trustees, or other governing entity of any municipal 3,351
retirement system, the board of trustees of the police and 3,352
firemen's disability and pension fund, the state teachers 3,354
retirement board, the school employees retirement board, or the 3,355
state highway patrol retirement board to withhold from the 3,356
obligor's pension, annuity, allowance, other benefit, or warrant 3,357
a specified amount for support in satisfaction of the support 3,358
order, to begin the withholding no later than the date of the 3,359
first payment that occurs after fourteen working days following 3,360
the date the notice was mailed to the board, board of trustees, 3,361
or other entity under divisions (A)(2) or (3) and (B)(3)(b) of 3,362
this section, to send the amount withheld to the child support 3,363
enforcement agency designated for that county pursuant to section 3,364
2301.35 of the Revised Code, to send that amount to the agency 3,365
immediately but not later than ten days after the date the 3,366
payment is made to the obligor, to provide the date on which the 3,367
amount was withheld, and to continue the withholding at intervals 3,368
specified in the notice until further withholding notice of the 3,369
agency. To the extent possible, the amount specified in the 3,370
notice to be withheld shall satisfy the amount ordered for 3,371
support in the support order plus any arrearages that may be owed 3,372
78
by the obligor under any prior court or administrative support 3,373
order that pertained to the same child or spouse, notwithstanding 3,374
the limitations of sections 2329.66, 2329.70, and 2716.13 of the 3,375
Revised Code. However, in no case shall the sum of the amount 3,376
specified in the notice to be withheld and any fee withheld by 3,377
the board, board of trustees, or other entity as a charge for its 3,378
services exceed the maximum amount permitted under section 303(b) 3,379
of the "Consumer Credit Protection Act," 15 U.S.C. 1673(b). 3,380
(b) If the agency imposes a withholding requirement under 3,382
division (B)(3)(a) of this section, it, within the applicable 3,383
period of time specified in division (A) of this section, shall 3,384
send to the board, board of trustees, or other entity by regular 3,385
mail a notice that contains all of the information set forth in 3,386
divisions (B)(3)(b)(i) to (ix) of this section. The notice is 3,387
final and is enforceable by the court. The notice shall contain 3,388
all of the following: 3,389
(i) The amount to be withheld from the obligor's pension, 3,391
annuity, allowance, other benefit, or warrant and a statement 3,392
that the amount actually withheld for support and other purposes, 3,393
including the fee described in division (B)(3)(b)(ix) of this 3,394
section, shall not be in excess of the maximum amounts permitted 3,395
under section 303(b) of the "Consumer Credit Protection Act," 15 3,396
U.S.C. 1673(b); 3,397
(ii) A statement that the board, board of trustees, or 3,399
other entity is required to send the amount withheld to the child 3,400
support enforcement agency immediately, but not later than ten 3,401
working days, after the payment is made to the obligor and is 3,402
required to report to the agency the date on which the amount was 3,403
withheld from the obligor's payments; 3,404
(iii) A statement that the withholding is binding upon the 3,406
board, board of trustees, or other entity until further notice 3,407
from the court or agency; 3,408
(iv) A statement that the withholding in accordance with 3,410
the notice and under the provisions of this section has priority 3,411
79
over any other legal process under the law of this state against 3,412
the same payment of the pension, annuity, allowance, other 3,413
benefit, or warrant; 3,414
(v) The date on which the notice was mailed and a 3,416
statement that the board, board of trustees, or other entity is 3,417
required to implement the withholding no later than the date of 3,418
the first payment that occurs after fourteen working days 3,419
following the date the notice was mailed and is required to 3,420
continue the withholding at the intervals specified in the 3,421
notice; 3,422
(vi) A requirement that the board, board of trustees, or 3,424
other entity promptly notify the child support enforcement 3,425
agency, in writing, within ten working days after the date of any 3,426
termination of the obligor's pension, annuity, allowance, or 3,427
other benefit; 3,428
(vii) A requirement that the board, board of trustees, or 3,430
other entity include in all notices the obligor's last known 3,431
mailing address, last known residence address, and social 3,432
security number; 3,433
(viii) A requirement that, no later than the earlier of 3,435
forty-five days before the lump-sum payment is to be made or, if 3,436
the obligor's right to the lump-sum payment is determined less 3,437
than forty-five days before it is to be made, the date on which 3,438
that determination is made, the board, board of trustees, or 3,439
other entity notify the child support enforcement agency of any 3,440
lump-sum payment of any kind of five hundred dollars or more that 3,441
is to be paid to the obligor, hold the lump-sum payment for 3,442
thirty days after the date on which the lump-sum payment would 3,443
otherwise be paid to the obligor, if the lump-sum payments are 3,444
lump-sum payments of retirement benefits or contributions, and, 3,445
upon order of the agency, pay any specified amount of the 3,446
lump-sum payment to the agency. 3,447
(ix) A statement that, in addition to the amount withheld 3,449
for support, the board, board of trustees, or other entity may 3,450
80
withhold a fee from the obligor's pension, annuity, allowance, 3,451
other benefit, or warrant as a charge for its services in 3,452
complying with the notice and a specification of the amount that 3,453
may be withheld. 3,454
(c) The agency shall send the notice described in division 3,456
(B)(3)(b) of this section to the obligor and shall attach to the 3,457
notice an additional notice requiring the obligor immediately to 3,458
notify the child support enforcement agency, in writing, of any 3,459
change in the obligor's pension, annuity, allowance, or other 3,460
benefit, of the commencement of employment, including 3,462
self-employment, and of the availability of any other sources of 3,463
income that can be the subject of any withholding or deduction 3,464
requirement described in division (B) of this section. The 3,465
agency shall serve the notices upon the obligor at the same time 3,466
as service of the administrative support order or, if the 3,467
administrative support order previously has been issued, shall 3,468
send the notices to the obligor by regular mail, at the obligor's 3,469
last known address, at the same time it sends the notice 3,471
described in division (B)(3)(b) of this section to the board, 3,472
board of trustees, or other entity. The additional notice also 3,473
shall notify the obligor that upon commencement of employment the 3,474
obligor may request the agency to issue a notice requiring the 3,476
withholding of an amount from the obligor's personal earnings for 3,477
support in accordance with division (B)(1) of this section and 3,478
that upon commencement of employment the agency may cancel its 3,479
withholding notice under division (B)(3)(b) of this section and 3,480
instead will issue a notice requiring the withholding of an 3,481
amount from the obligor's personal earnings for support in 3,482
accordance with division (B)(1) of this section. The
notification required of the obligor shall include a description 3,483
of the nature of any new employment, the name and business 3,484
address of any new employer, and any other information reasonably 3,485
required by the agency. 3,486
(4)(a) If the child support enforcement agency determines 3,488
81
that the obligor is receiving any form of income, including, but 3,489
not limited to, disability or sick pay, insurance proceeds, 3,490
lottery prize awards, federal, state, or local government 3,491
benefits to the extent that the benefits can be withheld or 3,492
deducted under any law governing the benefits, any form of trust 3,493
fund or endowment fund, vacation pay, commissions and draws 3,494
against commissions that are paid on a regular basis, bonuses or 3,495
profit-sharing payments or distributions, or any lump-sum 3,496
payments, the agency may require the person who pays or otherwise 3,497
distributes the income to the obligor to withhold from the 3,498
obligor's income a specified amount for support in satisfaction 3,499
of the administrative support order, to begin the withholding no 3,500
later than the date of the first payment that occurs after 3,501
fourteen working days following the date the notice was mailed to 3,502
the person paying or otherwise distributing the obligor's income 3,503
under divisions (A)(2) or (3) and (B)(4)(b) of this section, to 3,504
send the amount withheld to the child support enforcement agency 3,505
designated for that county pursuant to section 2301.35 of the 3,506
Revised Code, to send that amount to the agency immediately but 3,507
not later than ten days after the date the payment is made to the 3,508
obligor, to provide the date on which the amount was withheld, 3,509
and to continue the withholding at intervals specified in the 3,510
notice until further notice from the agency. To the extent 3,511
possible, the amount specified in the notice to be withheld shall 3,512
satisfy the amount ordered for support in the administrative 3,513
support order plus any arrearages that may be owed by the obligor 3,514
under any prior court or administrative support order that 3,515
pertained to the same child or spouse, notwithstanding the ANY 3,516
APPLICABLE limitations of sections 2329.66, 2329.70, 2716.02, 3,517
2716.041, 2716.05, and 2716.13 of the Revised Code. However, in 3,519
no case shall the sum of the amount specified in the notice to be 3,520
withheld and any fee withheld by the person paying or otherwise 3,521
distributing the obligor's income as a charge for its services 3,522
exceed the maximum amount permitted under section 303(b) of the 3,523
82
"Consumer Credit Protection Act," 15 U.S.C. 1673(b). 3,524
(b) If the agency imposes a withholding requirement under 3,526
division (B)(4)(a) of this section, it, within the applicable 3,527
period of time specified in division (A) of this section, shall 3,528
send to the person paying or otherwise distributing the obligor's 3,529
income by regular mail a notice that contains all of the 3,530
information set forth in divisions (B)(4)(b)(i) to (ix) of this 3,531
section. The notice is final and is enforceable by the court. 3,532
The notice shall contain all of the following: 3,533
(i) The amount to be withheld from the obligor's income 3,535
and a statement that the amount actually withheld for support and 3,536
other purposes, including the fee described in division 3,537
(B)(4)(b)(ix) of this section, shall not be in excess of the 3,538
maximum amounts permitted under section 303(b) of the "Consumer 3,539
Credit Protection Act," 15 U.S.C. 1673(b); 3,540
(ii) A statement that the person paying or otherwise 3,542
distributing the obligor's income is required to send the amount 3,543
withheld to the child support enforcement agency immediately, but 3,544
not later than ten working days, after the payment is made to the 3,545
obligor and is required to report to the agency the date on which 3,546
the amount was withheld from the obligor's payments; 3,547
(iii) A statement that the withholding is binding upon the 3,549
person paying or otherwise distributing the obligor's income 3,550
until further notice from the court or agency; 3,551
(iv) A statement that the withholding in accordance with 3,553
the notice and under the provisions of this section has priority 3,554
over any other legal process under the law of this state against 3,555
the same payment of the income; 3,556
(v) The date on which the notice was mailed and a 3,558
statement that the person paying or otherwise distributing the 3,559
obligor's income is required to implement the withholding no 3,560
later than the date of the first payment that occurs after 3,561
fourteen working days following the date the notice was mailed 3,562
and is required to continue the withholding at the intervals 3,563
83
specified in the notice; 3,564
(vi) A requirement that the person paying or otherwise 3,566
distributing the obligor's income promptly notify the child 3,567
support enforcement agency, in writing, within ten days after the 3,568
date of any termination of the obligor's income; 3,569
(vii) A requirement that the person paying or otherwise 3,571
distributing the obligor's income include in all notices the 3,572
obligor's last known mailing address, last known residence 3,573
address, and social security number; 3,574
(viii) A requirement that, no later than the earlier of 3,576
forty-five days before the lump-sum payment is to be made or, if 3,577
the obligor's right to the lump-sum payment is determined less 3,578
than forty-five days before it is to be made, the date on which 3,579
that determination is made, the person paying or otherwise 3,580
distributing the obligor's income notify the child support 3,581
enforcement agency of any lump-sum payment of any kind of five 3,582
hundred dollars or more that is to be paid to the obligor, hold 3,583
the lump-sum payment for thirty days after the date on which the 3,584
lump-sum payment would otherwise be paid to the obligor, if the 3,585
lump-sum payment is sick pay, lump-sum payment of retirement 3,586
benefits or contributions, or profit-sharing payments or 3,587
distributions, and, upon order of the agency, pay any specified 3,588
amount of the lump-sum payment to the child support enforcement 3,589
agency. 3,590
(ix) A statement that, in addition, to the amount withheld 3,592
for support, the person paying or otherwise distributing the 3,593
obligor's income may withhold a fee from the obligor's income as 3,594
a charge for its services in complying with the notice and a 3,595
specification of the amount that may be withheld. 3,596
(c) The agency shall send the notice described in division 3,598
(B)(4)(b) of this section to the obligor and shall attach to the 3,599
notice an additional notice requiring the obligor immediately to 3,600
notify the child support enforcement agency, in writing, of any 3,601
change in income to which the withholding notice applies, of the 3,603
84
commencement of employment, including self-employment, and of the 3,604
availability of any other sources of income that can be the
subject of any withholding or deduction requirement described in 3,605
division (B) of this section. The agency shall serve the notices 3,606
upon the obligor at the same time as service of the 3,607
administrative support order or, if the administrative support 3,608
order previously has been issued, shall send the notices to the 3,609
obligor by regular mail at the obligor's last known address at 3,610
the same time that it sends the notice described in division 3,611
(B)(4)(b) of this section to the person paying or otherwise 3,612
distributing the obligor's income. The additional notice also 3,613
shall notify the obligor that upon commencement of employment the 3,614
obligor may request the agency to issue a notice requiring the 3,615
withholding of an amount from the obligor's personal earnings for 3,616
support in accordance with division (B)(1) of this section and 3,617
that upon commencement of employment the agency may cancel its 3,618
withholding notice under division (B)(4)(b) of this section and 3,619
instead will issue a notice requiring the withholding of an 3,620
amount from the obligor's personal earnings for support in 3,621
accordance with division (B)(1) of this section. The 3,622
notification required of the obligor shall include a description 3,623
of the nature of any new employment, the name and business 3,624
address of any new employer, and any other information reasonably 3,625
required by the court.
(5)(a) If the child support enforcement agency determines 3,627
that the obligor has funds on deposit in any account in a 3,628
financial institution under the jurisdiction of the court, the 3,629
agency may require any financial institution in which the 3,630
obligor's funds are on deposit to deduct from the obligor's 3,631
account a specified amount for support in satisfaction of the 3,632
administrative support order, to begin the deduction no later 3,633
than fourteen working days following the date the notice was 3,634
mailed to the financial institution under divisions (A)(2) or (3) 3,635
and (B)(5)(b) of this section, to send the amount deducted to the 3,636
85
child support enforcement agency designated for that county 3,637
pursuant to section 2301.35 of the Revised Code, to send that 3,638
amount to the agency immediately but not later than ten days 3,639
after the date the latest deduction was made, to provide the date 3,640
on which the amount was deducted, and to continue the deduction 3,641
at intervals specified in the notice until further notice from 3,642
the agency. To the extent possible, the amount specified in the 3,643
notice to be deducted shall satisfy the amount ordered for 3,644
support in the administrative support order plus any arrearages 3,645
that may be owed by the obligor under any prior court or 3,646
administrative support order that pertained to the same child or 3,647
spouse, notwithstanding the limitations of sections 2329.66, 3,648
2329.70, and 2716.13 of the Revised Code. However, in no case 3,649
shall the sum of the amount specified in the notice to be 3,650
deducted and the fee deducted by the financial institution as a 3,651
charge for its services exceed the maximum amount permitted under 3,652
section 303(b) of the "Consumer Credit Protection Act," 15 U.S.C. 3,653
1673(b). 3,654
(b) If the agency imposes a deduction requirement under 3,656
division (B)(5)(a) of this section, it, within the applicable 3,657
period of time specified in division (A) of this section, shall 3,658
send to the financial institution by regular mail a notice that 3,659
contains all of the information set forth in divisions 3,660
(B)(5)(b)(i) to (viii) of this section. The notice is final and 3,661
is enforceable by the court. The notice shall contain all of the 3,662
following: 3,663
(i) The amount to be deducted from the obligor's account 3,665
and a statement that the amount actually deducted for support and 3,666
other purposes, including the fee described in division 3,667
(B)(5)(b)(viii) of this section, shall not be in excess of the 3,668
maximum amounts permitted under section 303(b) of the "Consumer 3,669
Credit Protection Act," 15 U.S.C. 1673(b); 3,670
(ii) A statement that the financial institution is 3,672
required to send the amount deducted to the child support 3,673
86
enforcement agency immediately, but not later than ten working 3,674
days, after the date the last deduction was made and is required 3,675
to report to the agency the date on which the amount was deducted 3,676
from the obligor's account; 3,677
(iii) A statement that the deduction is binding upon the 3,679
financial institution until further notice from the court or 3,680
agency; 3,681
(iv) A statement that the withholding in accordance with 3,683
the notice and under the provisions of this section has priority 3,684
over any other legal process under the law of this state against 3,685
the same account; 3,686
(v) The date on which the notice was mailed and a 3,688
statement that the financial institution is required to implement 3,689
the deduction no later than fourteen working days following the 3,690
date the notice was mailed and is required to continue the 3,691
deduction at the intervals specified in the notice; 3,692
(vi) A requirement that the financial institution promptly 3,694
notify the child support enforcement agency, in writing, within 3,695
ten days after the date of any termination of the account from 3,696
which the deduction is being made and notify the agency, in 3,697
writing, of the opening of a new account at that financial 3,698
institution, the account number of the new account, the name of 3,699
any other known financial institutions in which the obligor has 3,700
any accounts, and the numbers of those accounts; 3,701
(vii) A requirement that the financial institution include 3,703
in all notices the obligor's last known mailing address, last 3,704
known residence address, and social security number; 3,705
(viii) A statement that, in addition to the amount 3,707
deducted for support, the financial institution may deduct a fee 3,708
from the obligor's account as a charge for its services in 3,709
complying with the administrative order and a specification of 3,710
the amount that may be deducted. 3,711
(c) The agency shall send the notice described in division 3,713
(B)(5)(b) of this section to the obligor and shall attach to the 3,714
87
notice an additional notice requiring the obligor immediately to 3,715
notify the child support enforcement agency, in writing, of any 3,716
change in the status of the account from which the amount of 3,717
support is being deducted or the opening of a new account with 3,718
any financial institution, of the commencement of employment, 3,719
including self-employment, or of the availability of any other 3,720
sources of income that can be the subject of any withholding or 3,721
deduction requirement described in division (B) of this section. 3,722
The agency shall serve the notices upon the obligor at the same 3,723
time as service of the administrative support order or, if the 3,724
support order previously has been issued, shall send the notices 3,725
to the obligor by regular mail at the obligor's last known 3,726
address at the same time that it sends the notice described in 3,728
division (B)(5)(b) of this section to the obligor. The 3,729
additional notice also shall notify the obligor that upon 3,730
commencement of employment, the obligor may request the agency to 3,731
cancel its financial institution account deduction notice and 3,732
instead issue a notice requiring the withholding of an amount 3,733
from the obligor's personal earnings for support in accordance 3,734
with division (B)(1) of this section and that upon commencement 3,735
of employment the agency may cancel its financial institution 3,736
account deduction notice and instead will issue a notice 3,737
requiring the withholding of an amount from the obligor's 3,738
personal earnings for support in accordance with division (B)(1) 3,739
of this section. The notification required of the obligor shall 3,740
include a description of the nature of any new accounts opened at 3,741
a financial institution located in the county in which the agency 3,742
is located, the name and business address of that financial 3,743
institution, a description of the nature of any new employment, 3,744
the name and business address of any new employer, and any other 3,745
information reasonably required by the agency. 3,746
(C) If an agency issues or modifies an administrative 3,748
support order under section 3111.20, 3111.21, or 3111.22 of the 3,750
Revised Code and issues one or more notices described in division
88
(B) of this section, the agency to the extent possible shall 3,751
issue a sufficient number of notices under division (B) of this 3,752
section to provide that the aggregate amount withheld or deducted 3,753
under those notices satisfies the amount ordered for support in 3,754
the administrative support order plus any arrearages that may be 3,755
owed by the obligor under any prior court or administrative 3,756
support order that pertained to the same child or spouse, 3,757
notwithstanding the ANY APPLICABLE limitations of sections 3,758
2329.66, 2329.70, 2716.02, 2716.041, 2716.05, 2716.13, and 3,759
4123.67 of the Revised Code. However, in no case shall the 3,760
aggregate amount withheld or deducted and any fees withheld or 3,761
deducted as a charge for services exceed the maximum amount 3,762
permitted under section 303(b) of the "Consumer Credit Protection 3,763
Act," 15 U.S.C. 1673(b). 3,764
(D) When two or more withholding or deduction notices that 3,766
are described in division (B) of this section are received by an 3,767
employer, the bureau of workers' compensation, an employer that 3,768
is paying more than one person's workers' compensation benefits, 3,769
the public employees retirement board, the board, board of 3,770
trustees, or other governing entity of any municipal retirement 3,771
system, the board of trustees of the police and firemen's 3,772
disability and pension fund, the state teachers retirement board, 3,774
the school employees retirement board, the state highway patrol 3,775
retirement board, a person paying or otherwise distributing 3,776
income for more than one obligor, or a financial institution, the 3,777
employer, bureau of workers' compensation, employer paying 3,778
workers' compensation benefits, board, board of trustees, or 3,779
other governing entity of a retirement system, person paying or 3,780
distributing income to an obligor, or financial institution shall 3,781
comply with all of the requirements contained in the notices to 3,782
the extent that the total amount withheld from the obligor's 3,783
personal earnings, payments, pensions, annuities, allowances, 3,784
benefits, other sources of income, or savings does not exceed the 3,785
maximum amount permitted under section 303(b) of the "Consumer 3,786
89
Credit Protection Act," 15 U.S.C. 1673(b), withhold or deduct 3,787
amounts in accordance with the allocation set forth in divisions 3,788
(D)(1) and (2) of this section, notify each agency that issued 3,789
one of the notices of the allocation, and give priority to 3,790
amounts designated in each notice as current support in the 3,791
following manner: 3,792
(1) If the total of the amounts designated in the notices 3,794
as current support exceeds the amount available for withholding 3,795
under section 303(b) of the "Consumer Credit Protection Act," 15 3,796
U.S.C. 1673(b), the employer, bureau of workers' compensation, 3,797
employer paying workers' compensation benefits, board, board of 3,798
trustees, or other governing entity of a municipal retirement 3,799
system, person paying or distributing income to an obligor, or 3,800
financial institution shall allocate to each notice an amount for 3,801
current support equal to the amount designated in that notice as 3,802
current support multiplied by a fraction in which the numerator 3,803
is the amount of personal earnings, payments, pensions, 3,804
annuities, allowances, benefits, other sources of income, or 3,805
savings available for withholding and the denominator is the 3,806
total amount designated in all of the notices as current support. 3,807
(2) If the total of the amounts designated in the notices 3,809
as current support does not exceed the amount available for 3,810
withholding under section 303(b) of the "Consumer Credit 3,811
Protection Act," 15 U.S.C. 1673(b), the persons and entities 3,812
listed in division (C)(1) of this section shall pay all of the 3,813
amounts designated as current support in the notices and shall 3,814
allocate to each notice an amount for past-due support equal to 3,815
the amount designated in that notice as past-due support 3,816
multiplied by a fraction in which the numerator is the amount of 3,817
personal earnings, payments, pensions, annuities, allowances, 3,818
benefits, other sources of income, or savings remaining available 3,819
for withholding after the payment of current support and the 3,820
denominator is the total amount designated in all of the notices 3,821
orders as past-due support. 3,822
90
(E)(1) Except when a provision specifically authorizes or 3,824
requires service other than as described in this division, 3,825
service of any notice on any party, the bureau of workers' 3,826
compensation, an employer that is paying a person's workers' 3,827
compensation benefits, the public employees retirement board, the 3,828
board, board of trustees, or other governing entity of any 3,829
municipal retirement system, the board of trustees of the police 3,830
and firemen's disability and pension fund, the state teachers 3,832
retirement board, the school employees retirement board, the 3,833
state highway patrol retirement board, a person paying or 3,834
otherwise distributing an obligor's income, a financial 3,835
institution, or an employer, for purposes of division (A) or (B) 3,836
of this section, may be made by personal service or ordinary 3,837
first class mail directed to the addressee at the addressee's 3,838
last known address, or, in the case of a corporation, at its 3,839
usual place of doing business. 3,840
(2) Each party to an administrative support order shall 3,842
notify the child support enforcement agency of the party's 3,843
current mailing address and current residence address at the time 3,844
of the issuance or modification of the order and, until further 3,845
notice of the agency that issues the order, shall notify the 3,846
agency of any change in either address immediately after the 3,847
change occurs. No person shall fail to give the notice as 3,848
required by division (E)(2) of this section. 3,849
(3) Each administrative support order issued pursuant to 3,851
this section shall contain a statement requiring each party to 3,852
the order to notify the child support enforcement agency in 3,853
writing of the party's current mailing address, the party's 3,854
current residence address, and of any changes in either address, 3,855
and a notice that the requirement to notify the agency of all 3,856
changes in either address continues until further notice from the 3,857
agency. 3,858
(4)(a) The parent who is the residential parent and legal 3,860
custodian of a child for whom an administrative support order is 3,861
91
issued or the person who otherwise has custody of a child for 3,862
whom an administrative support order is issued immediately shall 3,863
notify, and the obligor under an administrative support order may 3,864
notify, the child support enforcement agency of any reason for 3,865
which an administrative support order should terminate, 3,866
including, but not limited to, death, marriage, emancipation, 3,867
enlistment in the armed services, deportation, or change of legal 3,868
or physical custody of the child. Upon receipt of a notice 3,869
pursuant to this division, the agency immediately shall conduct 3,870
an investigation to determine if any reason exists for which the 3,871
administrative support order should terminate. If the agency so 3,872
determines, it immediately shall terminate the administrative 3,873
support order. 3,874
(b) Upon receipt of a notice given pursuant to division 3,876
(E)(4)(a) of this section, the agency shall impound any funds 3,877
received for the child pursuant to the administrative support 3,878
order and set the case for an administrative hearing for a 3,879
determination of whether the administrative support order should 3,880
be terminated or modified or whether the agency should take any 3,881
other appropriate action. 3,882
(c) If the child support enforcement agency terminates an 3,884
administrative support order pursuant to divisions (E)(4)(a) and 3,885
(b) of this section, the termination of the support order also 3,886
terminates any withholding or deduction order as described in 3,887
division (B) of this section that was issued relative to the 3,888
administrative support order prior to December 31, 1993, and any 3,889
withholding or deduction notice as described in division (B) of 3,890
this section that was issued relative to the administrative 3,891
support order on or after December 31, 1993. Upon the 3,892
termination of any withholding or deduction order or any 3,893
withholding or deduction notice, the agency immediately shall 3,894
notify each employer, financial institution, or other person or 3,895
entity that was required to withhold or deduct a sum of money for 3,896
the payment of support under the terminated withholding or 3,897
92
deduction order or the terminated withholding or deduction notice 3,898
that the order or notice has been terminated and that it is 3,899
required to cease all withholding or deduction under the order or 3,900
notice. 3,901
(d) The department of human services shall adopt rules 3,903
that provide for both of the following: 3,904
(i) The return to the appropriate person of any funds that 3,906
a child support enforcement agency has impounded under division 3,907
(E)(4)(b) of this section, if the administrative support order 3,908
under which the funds were paid has been terminated pursuant to 3,909
divisions (E)(4)(a) and (b) of this section; 3,910
(ii) The return to the appropriate person of any other 3,912
payments made pursuant to an administrative support order, if the 3,913
payments were made at any time after the administrative support 3,914
order under which the funds were paid has been terminated 3,915
pursuant to divisions (E)(4)(a) and (b) of this section. 3,916
(5) If any party to an administrative support order 3,918
requests a modification of the administrative support order or if 3,919
any obligee under an administrative support order or any person 3,920
on behalf of the obligee files any action to enforce an 3,921
administrative support order with the agency, the agency shall 3,922
proceed as provided in sections 3111.20 to 3111.28 and 3113.21 to 3,924
3113.219 of the Revised Code.
(F)(1) Upon receipt of a notice that a lump-sum payment of 3,926
five hundred dollars or more is to be paid to the obligor, the 3,927
agency shall do either of the following: 3,928
(a) If the obligor is in default under the administrative 3,930
support order or has any unpaid arrearages under the 3,931
administrative support order, issue an administrative order 3,932
requiring the transmittal of the lump-sum payment to the child 3,933
support enforcement agency; 3,934
(b) If the obligor is not in default under the 3,936
administrative support order and does not have any unpaid 3,937
arrearages under the support order, issue an administrative order 3,938
93
directing the person who gave the notice to the agency to 3,939
immediately pay the full amount of the lump-sum payment to the 3,940
obligor. 3,941
(2) Upon receipt of any moneys pursuant to division 3,943
(F)(1)(a) of this section, a child support enforcement agency 3,944
shall pay the amount of the lump-sum payment that is necessary to 3,945
discharge all of the obligor's arrearages to the obligee and, 3,946
within two business days after its receipt of the money, any 3,947
amount that is remaining after the payment of the arrearages to 3,948
the obligor. 3,949
(G)(1) Any administrative support order, or modification 3,951
of an administrative support order, that is subject to this 3,952
section shall contain the date of birth and social security 3,953
number of the obligor. 3,954
(2) No withholding or deduction notice described in 3,956
division (B) of this section shall contain any information other 3,957
than the information specifically required by division (B) or 3,958
(G)(3) of this section or by any other section of the Revised 3,959
Code and any additional information that the issuing agency 3,960
determines may be necessary to comply with the notice. 3,961
(3) Each withholding or deduction notice described in 3,963
division (B) of this section shall include notice of all of the 3,964
following: 3,965
(a) That the child support enforcement agency may bring an 3,967
action under section 3111.28 of the Revised Code requesting the 3,968
court to find the employer, financial institution, employer that 3,970
is paying the obligor's workers' compensation benefits, public 3,971
employees retirement board, board, board of trustees, or other 3,972
governing entity of any municipal retirement system, board of 3,973
trustees of the police and firemen's disability and pension fund, 3,974
state teachers retirement board, school employees retirement 3,976
board, state highway patrol retirement board, person paying or 3,977
otherwise distributing an obligor's income, or bureau of workers' 3,978
compensation in contempt pursuant to section 2705.02 of the 3,979
94
Revised Code if the employer, financial institution, employer 3,980
that is paying the obligor's workers' compensation benefits, 3,981
public employees retirement board, board, board of trustees, or 3,982
other governing entity of the municipal retirement system, board 3,983
of trustees of the police and firemen's disability and pension 3,984
fund, state teachers retirement board, school employees 3,985
retirement board, state highway patrol retirement board, person 3,987
paying or otherwise distributing the obligor's income, or bureau 3,988
of workers' compensation fails to comply with the withholding or 3,989
deduction notice;
(b) That, if the employer, financial institution, employer 3,991
that is paying the obligor's workers' compensation benefits, 3,992
public employees retirement board, board, board of trustees, or 3,993
other governing entity of the municipal retirement system, board 3,994
of trustees of the police and firemen's disability and pension 3,996
fund, state teachers retirement board, school employees 3,997
retirement board, state highway patrol retirement board, person 3,998
paying or otherwise distributing an obligor's income, or bureau 3,999
of workers' compensation fails to comply with the withholding or 4,000
deduction notice, that failure to comply is contempt pursuant to 4,003
section 2705.02 of the Revised Code.
(H) No withholding or deduction notice described in 4,005
division (B) of this section and issued under this section or any 4,006
other section of the Revised Code shall be terminated solely 4,007
because the obligor pays any part or all of the arrearages under 4,008
the administrative support order. 4,009
(I)(1) Except as provided in division (I)(2) of this 4,011
section and section 2301.42 of the Revised Code and the rules 4,012
adopted pursuant to division (C) of that section, if child 4,013
support arrearages are owed by an obligor to the obligee and to 4,015
the department of human services, any payments received on the 4,016
arrearages by the child support enforcement agency first shall be 4,017
paid to the obligee until the arrearages owed to the obligee are 4,018
paid in full.
95
(2) Division (I)(1) of this section does not apply to the 4,020
collection of past-due child support from refunds of paid federal 4,021
taxes pursuant to section 5101.32 of the Revised Code or of 4,022
overdue child support from refunds of paid state income taxes 4,023
pursuant to sections 5101.321 and 5747.121 of the Revised Code. 4,024
Sec. 3113.21. (A)(1) In any action in which support is 4,034
ordered under Chapter 3115. or under section 2151.23, 2151.33, 4,035
2151.36, 2151.49, 3105.18, 3105.21, 3109.05, 3109.19, 3111.13, 4,037
3113.04, 3113.07, 3113.216, or 3113.31 of the Revised Code, the 4,039
court shall require the withholding or deduction of wages or 4,040
assets of the obligor in accordance with division (D) of this 4,041
section or require the issuance of another type of appropriate 4,042
court order in accordance with division (D)(6) or (7) or (H) of 4,043
this section to ensure that withholding or deduction from the 4,044
wages or assets of the obligor is available from the commencement 4,045
of the support order for the collection of the support and any 4,046
arrearages that occur. The court shall determine the specific 4,047
withholding or deduction requirements or other appropriate 4,048
requirements applicable to the obligor under the support order in 4,049
accordance with divisions (D) and (H) of this section and section 4,050
2301.371 of the Revised Code and shall include the specific 4,051
requirements in the notices described in divisions (A)(2) and (D) 4,052
of this section or in the court orders described in divisions 4,053
(A)(2), (D)(6) or (7), and (H) of this section. Any person 4,054
required to comply with any withholding or deduction requirement 4,055
shall determine the manner of withholding or deducting from the 4,056
specific requirement included in the notices described in those 4,057
divisions without the need for any amendment to the support 4,058
order, and any person required to comply with a court order 4,059
described in division (D)(6), (D)(7), or (H) of this section 4,060
shall comply with the court order without the need for any 4,061
amendment to the support order. The court shall include in any 4,062
action in which support is ordered as described in division 4,063
(A)(1) of this section a general provision that states the 4,064
96
following:
"All child support and spousal support under this order 4,067
shall be withheld or deducted from the wages or assets of the 4,068
obligor pursuant to a withholding or deduction notice or 4,069
appropriate court order issued in accordance with section 3113.21 4,070
of the Revised Code and shall be forwarded to the obligee in 4,071
accordance with sections 3113.21 to 3113.214 of the Revised 4,073
Code."
(2) In any action in which support is ordered or modified 4,075
as described in division (A)(1) of this section, the court shall 4,076
determine in accordance with divisions (D) and (H) of this 4,077
section the types of withholding or deduction requirements or 4,078
other appropriate requirements that should be imposed relative to 4,079
the obligor under the support order to collect the support due 4,080
under the order. Within fifteen days after the obligor under the 4,081
support order is located subsequent to the issuance of the 4,082
support order or within fifteen days after the default under the 4,084
support order, whichever is applicable, the court or the child 4,085
support enforcement agency, as determined by agreement of the 4,086
court and the agency, shall send a notice by regular mail to each 4,087
person required to comply with a withholding or deduction 4,088
requirement. The notice shall specify the withholding or 4,089
deduction requirement and shall contain all of the information 4,090
set forth in division (D)(1)(b), (2)(b), (3)(b), (4)(b), or 4,091
(5)(b) of this section that is applicable to the requirement. If 4,092
the appropriate requirement is an order of the type described in 4,093
division (D)(6), (D)(7), or (H) of this section, the court shall 4,094
issue and send a court order in accordance with that division. 4,095
The notices and court orders, and the notices provided by the 4,096
court or child support enforcement agency that require the 4,097
obligor to notify the agency of any change in the obligor's 4,098
employment status or of any other change in the status of the 4,099
obligor's assets, are final and are enforceable by the court. 4,100
When the court or agency issues a notice, it shall provide the 4,101
97
notice to the obligor in accordance with division (D)(1)(c), 4,102
(D)(2)(c), (D)(3)(c), (D)(4)(c), or (D)(5)(c) of this section, 4,103
whichever is applicable, and shall include with the notice the 4,104
additional notices described in the particular division that is 4,105
applicable.
(3)(a) If support is ordered or modified on or after 4,107
December 31, 1993, under Chapter 3115. or under section 2151.23, 4,108
2151.33, 2151.36, 2151.49, 3105.18, 3105.21, 3109.05, 3109.19, 4,110
3111.13, 3113.04, 3113.07, 3113.216, or 3113.31 of the Revised 4,111
Code, if the court has determined in accordance with division 4,112
(A)(2) of this section the types of withholding or deduction 4,113
requirements or other appropriate requirements that should be 4,114
imposed relative to the obligor under the support order to 4,115
collect the support due under the order, if the court or a child 4,116
support enforcement agency has mailed the appropriate notice to 4,117
the person required to comply with the withholding or deduction 4,118
requirements that the court has determined should be imposed or 4,119
the court has issued and sent a court order described in division 4,120
(D)(6), (D)(7), or (H) of this section containing the other 4,121
appropriate requirements that the court determined should be 4,122
imposed, and if the child support enforcement agency is notified 4,123
or otherwise determines that the employment status or other 4,124
circumstances of the obligor have changed and that it is more 4,125
appropriate to impose another type of or an additional 4,126
withholding or deduction requirement or another type of or 4,127
additional court order containing another appropriate
requirement, the agency immediately shall comply with section 4,128
3113.212 of the Revised Code. The notices and court orders 4,129
issued under this division and section 3113.212 of the Revised 4,130
Code, and the notices provided by the court or child support 4,131
enforcement agency that require the obligor to notify the agency 4,132
of any change in the obligor's employment status or of any other 4,133
change in the status of the obligor's assets, are final and are 4,135
enforceable by the court.
98
(b) If support has been ordered prior to December 31, 4,137
1993, under Chapter 3115. or under section 2151.23, 2151.33, 4,138
2151.36, 2151.49, 3105.18, 3105.21, 3109.05, 3109.19, 3111.13, 4,139
3113.04, 3113.07, 3113.216, or 3113.31 of the Revised Code, if 4,140
the support order has not been modified on or after December 31, 4,141
1993, if division (B) of this section has not been applied on or 4,142
after December 31, 1993, regarding a default under the order, if 4,143
the support order includes a provision that is substantively 4,144
comparable to the general provision described in division (A)(1) 4,145
of this section that must be included in all support orders 4,146
issued or modified on or after December 31, 1993, and if the 4,147
child support enforcement agency is notified or otherwise 4,148
determines that the employment status or other circumstances of 4,149
the obligor under the support order have changed so that it is 4,150
appropriate to impose a withholding or deduction requirement or 4,151
another type of or additional appropriate requirement as 4,152
described in division (D) of this section to collect the support 4,153
due under the order, the agency shall comply with section 4,154
3113.212 of the Revised Code as if the support order had been 4,155
issued or modified on or after December 31, 1993, and as if it 4,156
included the general provision described in division (A)(1) of 4,157
this section that must be included in all support orders issued 4,158
or modified on or after that date. The notices and court orders 4,159
issued under this provision and section 3113.212 of the Revised 4,160
Code, and the notices provided by the court or child support 4,161
enforcement agency that require the obligor to notify the agency 4,162
of any change in the obligor's employment status or of any other 4,163
change in the status of the obligor's assets, are final and are 4,164
enforceable by the court.
(c) If support has been ordered prior to December 31, 4,166
1993, under Chapter 3115. or under section 2151.23, 2151.33, 4,167
2151.36, 2151.49, 3105.18, 3105.21, 3109.05, 3109.19, 3111.13, 4,168
3113.04, 3113.07, 3113.216, or 3113.31 of the Revised Code, if 4,169
the support order has not been modified on or after December 31, 4,170
99
1993, if division (B) of this section has not been applied on or 4,171
after December 31, 1993, regarding a default under the order, if 4,172
the support order does not include a provision that is 4,173
substantively comparable to the general provision described in 4,174
division (A)(1) of this section that must be included in all 4,175
support orders issued or modified on or after December 31, 1993, 4,176
and if the child support enforcement agency is notified or 4,177
otherwise determines that the employment status or other 4,178
circumstances of the obligor under the support order have changed 4,179
so that it is appropriate to impose a withholding or deduction 4,180
requirement or another type of or additional appropriate 4,181
requirement as described in division (D) of this section to 4,182
collect the support due under the order, the agency may request 4,183
the court to reissue the support order in question to be 4,184
identical to the support order except for a general provision as 4,185
described in division (A) of this section requiring the 4,186
withholding or deduction of wages or assets of the obligor in 4,187
accordance with division (D) of this section or requiring the 4,188
issuance of a court order containing another type of appropriate 4,189
requirement in accordance with division (D)(6), (D)(7), or (H) of 4,190
this section to ensure that withholding or deduction from the 4,191
wages or assets of the obligor is available for the collection of 4,192
current support and any arrearages that occur. Upon the receipt 4,193
of a request from an agency, the court may reissue the order in 4,194
accordance with this division. If the court reissues the order, 4,195
the general provision for the withholding or deduction of wages 4,196
or assets to be included in the reissued support order 4,197
specifically shall include the statement prescribed in division 4,198
(B)(1) of this section. Except for the inclusion of the general 4,199
provision, the provisions of a reissued order under this division 4,200
shall be identical to the support order in question, and the 4,201
court or child support enforcement agency shall issue one or more 4,202
notices requiring withholding or deduction of wages or assets of 4,203
the obligor in accordance with divisions (A)(2) and (D) of this 4,204
100
section, or the court shall issue one or more court orders 4,205
imposing other appropriate requirements in accordance with 4,206
division (A)(2) and division (D)(6), (D)(7), or (H) of this 4,207
section. The notices shall be mailed within fifteen days after 4,208
the obligor under the support order is located or within fifteen 4,209
days after the default under the support order, whichever is 4,210
applicable. Thereafter, section 3113.212 of the Revised Code 4,211
applies to the issuance of notices and court orders under those 4,212
divisions with respect to that support order. The notices and 4,213
court orders issued under this division and section 3113.212 of 4,214
the Revised Code, and the notices provided by the court or child 4,215
support enforcement agency that require the obligor to notify the 4,216
agency of any change in the obligor's employment status or of any 4,217
other change in the status of the obligor's assets, are final and 4,218
are enforceable by the court.
(4) The department of human services shall adopt standard 4,220
forms for the support withholding and deduction notices that are 4,221
prescribed by divisions (A)(1) to (3) and (B) of this section. 4,222
All courts and child support enforcement agencies shall use the 4,223
forms in issuing withholding and deduction notices in compliance 4,224
with this section. 4,225
(B)(1)(a) In any action in which support is ordered under 4,227
Chapter 3115. or under section 2151.23, 2151.33, 2151.36, 4,228
2151.49, 3105.18, 3105.21, 3109.05, 3109.19, 3111.13, 3111.20, 4,229
3111.21, 3111.22, 3113.04, 3113.07, 3113.216, or 3113.31 of the 4,231
Revised Code and in which there has been a default under the 4,232
order, the court shall comply with divisions (B)(1) to (6) of 4,233
this section.
If the support was ordered prior to December 31, 1993, or 4,235
pursuant to section 3111.20, 3111.21, or 3111.22 of the Revised 4,236
Code, the court shall reissue the support order under which there 4,237
has been a default and shall include in the reissued order a 4,238
general provision as described in this division requiring the 4,239
withholding or deduction of wages or assets of the obligor in 4,240
101
accordance with division (D) of this section or requiring the 4,241
issuance of a court order containing another type of appropriate 4,242
requirement in accordance with division (D)(6), (D)(7), or (H) of 4,243
this section to ensure that withholding or deduction from the 4,244
wages or assets is available for the collection of current 4,245
support and any arrearages that occur. If the support was ordered 4,247
pursuant to section 3111.20, 3111.21, or 3111.22 of the Revised 4,249
Code and the support order includes a general provision similar
to the one described in this division, the court shall replace 4,251
the similar general provision with the general provision 4,252
described in this division. Except for the inclusion or
replacement of the general provision, the provisions of the 4,254
reissued order required under this division shall be identical to 4,255
those of the support order under which there has been a default. 4,256
Regardless of when the support was ordered, when support 4,258
has been ordered under any chapter or section described in this 4,259
division, the child support enforcement agency shall initiate 4,260
support withholding when the order is in default. Immediately 4,261
after the identification of a default under the support order, 4,263
the child support enforcement agency shall conduct the 4,264
investigation described in division (B)(1)(b) of this section. 4,265
Additionally, within fifteen calendar days after the 4,266
identification of a default under the support order, the child 4,267
support enforcement agency shall investigate the default and send 4,268
advance notice to the obligor. The advance notice shall include 4,269
a notice describing the actions that may be taken against the 4,270
obligor pursuant to sections 2301.373 and 2301.374 of the Revised 4,271
Code if the court or agency makes a final and enforceable 4,272
determination that the obligor is in default pursuant to this 4,273
division. If the location of the obligor is unknown at the time 4,275
of the identification of a default under the support order, the 4,276
agency shall send the advance notice to the obligor within
fifteen days after the agency locates the obligor. The general 4,277
provision for the withholding or deduction of wages or assets to 4,278
102
be included in the reissued support order specifically shall 4,279
include the following statement: 4,280
"All child support and spousal support under this order 4,283
shall be withheld or deducted from the wages or assets of the 4,284
obligor pursuant to a withholding or deduction notice or 4,285
appropriate court order issued in accordance with section 3113.21 4,286
of the Revised Code and shall be forwarded to the obligee in
accordance with sections 3113.21 to 3113.214 of the Revised 4,287
Code."
(b) After the identification of a default under a support 4,289
order as described in division (B)(1)(a) of this section, the 4,290
child support enforcement agency immediately shall conduct an 4,291
investigation to determine the employment status of the obligor, 4,292
the obligor's social security number, the name and business 4,293
address of the obligor's employer, whether the obligor is in 4,294
default under a support order, the amount of any arrearages, and 4,295
any other information necessary to enable the court or agency to 4,296
impose any withholding or deduction requirements and issue the 4,297
related notices described in division (D) of this section or to 4,298
issue any court orders described in division (D)(6) or (7) of 4,299
this section. The agency also shall conduct an investigation 4,300
under this division when required by division (C)(1)(a) or (b) of 4,301
this section, shall complete the investigation within twenty days 4,302
after the obligor or obligee files the motion with the court 4,303
under division (C)(1)(a) of this section or the court orders the 4,304
investigation under division (C)(1)(b) of this section, and shall 4,305
conduct an investigation under this division when required by 4,306
section 3113.214 of the Revised Code. 4,307
(2) An advance notice to an obligor required by division 4,309
(B)(1) of this section shall contain all of the following: 4,310
(a) A statement of the date on which the advance notice is 4,312
sent, the amount of arrearages owed by the obligor as determined 4,313
by the court or the child support enforcement agency, the types 4,314
of withholding or deduction requirements and related notices 4,315
103
described in division (D) of this section or the types of court 4,316
orders described in division (D)(6), (D)(7), or (H) of this 4,317
section that will be issued to pay support and any arrearages, 4,318
and the amount that will be withheld or deducted pursuant to 4,319
those requirements; 4,320
(b) A statement that any notice for the withholding or 4,322
deduction of an amount from personal earnings or other income or 4,323
assets apply to all subsequent employers of the obligor, 4,324
financial institutions in which the obligor has an account, and 4,325
other persons or entities who pay or distribute income to the 4,326
obligor and that any withholding or deduction requirement and 4,327
related notice described in division (D) of this section or any 4,328
court order described in division (D)(6), (D)(7), or (H) of this 4,329
section that is issued will not be discontinued solely because 4,330
the obligor pays any arrearages; 4,331
(c) An explanation of the administrative and court action 4,333
that will take place if the obligor contests the inclusion of any 4,334
of the provisions; 4,335
(d) A statement that the contents of the advance notice 4,337
are final and are enforceable by the court unless the obligor 4,338
files with the child support enforcement agency, within seven 4,339
days after the date on which the advance notice is sent, a 4,340
written request for an administrative hearing to determine if a 4,341
mistake of fact was made in the notice. 4,342
(3) If the obligor requests a hearing regarding the 4,344
advance notice in accordance with division (B)(2)(d) of this 4,345
section, the child support enforcement agency shall conduct an 4,346
administrative hearing no later than ten days after the date on 4,347
which the obligor files the request for the hearing. No later 4,348
than five days before the date on which the hearing is to be 4,349
conducted, the agency shall send the obligor and the obligee 4,350
written notice of the date, time, place, and purpose of the 4,351
hearing. The notice to the obligor and obligee also shall 4,352
indicate that the obligor may present testimony and evidence at 4,353
104
the hearing only in regard to the issue of whether a mistake of 4,354
fact was made in the advance notice. 4,355
At the hearing, the child support enforcement agency shall 4,357
determine whether a mistake of fact was made in the advance 4,358
notice. If it determines that a mistake of fact was made, the 4,359
agency shall determine the provisions that should be changed and 4,360
included in a corrected notice and shall correct the advance 4,361
notice accordingly. The agency shall send its determinations to 4,362
the obligor. The agency's determinations are final and are 4,363
enforceable by the court unless, within seven days after the 4,364
agency makes it ITS determinations, the obligor files a written 4,365
motion with the court for a court hearing to determine if a 4,366
mistake of fact still exists in the advance notice or corrected 4,367
advance notice. 4,368
(4) If, within seven days after the agency makes its 4,370
determinations under division (B)(3) of this section, the obligor 4,371
files a written motion for a court hearing to determine if a 4,372
mistake of fact still exists in the advance notice or the 4,373
corrected advance notice, the court shall hold a hearing on the 4,374
request as soon as possible, but no later than ten days, after 4,375
the request is filed. If the obligor requests a court hearing, 4,376
no later than five days before the date on which the court 4,377
hearing is to be held, the court shall send the obligor and the 4,378
obligee written notice by ordinary mail of the date, time, place, 4,379
and purpose of the court hearing. The hearing shall be limited 4,380
to a determination of whether there is a mistake of fact in the 4,381
advance notice or the corrected advance notice. 4,382
If, at a hearing conducted under this division, the court 4,384
detects a mistake of fact in the advance notice or the corrected 4,385
advance notice, it immediately shall correct the notice. 4,386
(5) Upon exhaustion of all rights of the obligor to 4,388
contest the withholding or deduction on the basis of a mistake of 4,389
fact and no later than the expiration of forty-five days after 4,390
the issuance of the advance notice under division (B)(1) of this 4,391
105
section, the court or child support enforcement agency shall 4,392
issue one or more notices requiring withholding or deduction of 4,393
wages or assets of the obligor in accordance with divisions 4,394
(A)(2) and (D) of this section, or the court shall issue one or 4,395
more court orders imposing other appropriate requirements in 4,396
accordance with division (A)(2) and division (D)(6), (D)(7), or 4,397
(H) of this section. Thereafter, section 3113.212 of the Revised 4,398
Code applies in relation to the issuance of the notices and court 4,399
orders. The notices and court orders issued under this division 4,400
or section 3113.212 of the Revised Code are final and are 4,401
enforceable by the court. The court or agency shall send to the 4,402
obligor by ordinary mail a copy of the withholding or deduction 4,403
notice, in accordance with division (D) of this section. The 4,404
failure of the court or agency to give the notice required by 4,405
this division does not affect the ability of any court to issue 4,406
any notice or order under this section or any other section of 4,407
the Revised Code for the payment of support, does not provide any 4,408
defense to any notice or order for the payment of support that is 4,409
issued under this section or any other section of the Revised 4,410
Code, and does not affect any obligation to pay support. 4,411
(6) The department of human services shall adopt standard 4,413
forms for the advance notice prescribed by divisions (B)(1) to 4,414
(5) of this section. All courts and child support enforcement 4,415
agencies shall use those forms, and the support withholding and 4,416
deduction notice forms adopted under division (A)(4) of this 4,417
section, in complying with this section. 4,418
(C)(1) In any action in which support is ordered under 4,420
Chapter 3115. or under section 2151.23, 2151.33, 2151.36, 4,421
2151.49, 3105.18, 3105.21, 3109.05, 3109.19, 3111.13, 3113.04, 4,422
3113.07, 3113.216, or 3113.31 of the Revised Code, all of the 4,424
following apply:
(a) The obligor or obligee under the order may file a 4,426
motion with the court that issued the order requesting the 4,427
issuance of one or more withholding or deduction notices as 4,428
106
described in division (D) of this section to pay the support due 4,429
under the order. The motion may be filed at any time after the 4,430
support order is issued. Upon the filing of a motion pursuant to 4,431
this division, the child support enforcement agency immediately 4,432
shall conduct, and shall complete within twenty days after the 4,433
motion is filed, an investigation in accordance with division 4,434
(B)(1)(b) of this section. Upon the completion of the 4,435
investigation and the filing of the agency's report under 4,436
division (B)(1)(b) of this section, the court shall issue one or 4,437
more appropriate orders described in division (D) of this 4,438
section. 4,439
(b) If any proceedings involving the support order that 4,441
was issued before, on, or after December 1, 1986, are commenced 4,442
in the court and if the court prior to the effective date of this 4,443
amendment has not issued any orders under division (D) of this 4,444
section with respect to the support order, if the court 4,445
determines that any orders issued prior to the effective date of 4,446
this amendment under division (D) of this section no longer are 4,447
appropriate, if the court on or after the effective date of this 4,448
amendment has not modified or reissued the support order under 4,449
division (A) or (B) of this section and issued any notices under 4,450
division (D) or court orders under division (D)(6) or (7) of this 4,451
section, or if the court on or after the effective date of this 4,452
amendment has modified or reissued the support order under 4,453
division (A) or (B) of this section and issued one or more 4,454
notices under division (D) or one or more court orders under 4,455
division (D)(6) or (7) of this section but determines that the 4,456
notices or court orders no longer are appropriate, the court, 4,457
prior to or during any hearings held with respect to the 4,458
proceedings and prior to the conclusion of the proceedings, shall 4,459
order the child support enforcement agency to conduct an 4,460
investigation pursuant to division (B)(1)(b) of this section. 4,461
Upon the filing of the findings of the agency following the 4,462
investigation, the court, as necessary, shall issue one or more 4,463
107
notices described in division (D) or one or more court orders 4,464
described in division (D)(6) or (7) of this section or modify any 4,465
notices previously issued under division (D) or any court orders 4,466
previously issued under division (D)(6) or (7) of this section. 4,467
(c)(i) If a child support enforcement agency, in 4,469
accordance with section 3113.216 of the Revised Code, requests 4,470
the court to issue a revised child support order in accordance 4,471
with a revised amount of child support calculated by the agency, 4,472
the court shall proceed as described in this division. If 4,473
neither the obligor nor the obligee requests a court hearing on 4,474
the revised amount of child support, the court shall issue a 4,475
revised child support order requiring the obligor to pay the 4,476
revised amount of child support calculated by the agency. 4,477
However, if the obligor or the obligee requests a court hearing 4,478
on the revised amount of child support calculated by the agency, 4,479
the court, in accordance with division (C)(1)(c)(ii) of this 4,480
section, shall schedule and conduct a hearing to determine if the 4,481
revised amount of child support is the appropriate amount and if 4,482
the amount of child support being paid under the child support 4,483
order otherwise should be revised. 4,484
(ii) If the court is required to schedule and conduct a 4,486
hearing pursuant to division (C)(1)(c)(i) of this section, the 4,487
court shall give the obligor, obligee, and agency at least thirty 4,488
days' notice of the date, time, and location of the hearing; 4,489
order the obligor to provide the court with a copy of the 4,490
obligor's federal income tax return from the previous year, a 4,491
copy of all pay stubs obtained by the obligor within the 4,492
preceding six months, and a copy of all other records evidencing 4,493
the receipt of any other salary, wages, or compensation by the 4,494
obligor within the preceding six months, if the obligor failed to 4,495
provide any of those documents to the agency, and order the 4,496
obligee to provide the court with a copy of the obligee's federal 4,497
income tax return from the previous year, a copy of all pay stubs 4,498
obtained by the obligee within the preceding six months, and a 4,499
108
copy of all other records evidencing the receipt of any other 4,500
salary, wages, or compensation by the obligee within the 4,501
preceding six months, if the obligee failed to provide any of 4,502
those documents to the agency; give the obligor and the obligee 4,503
notice that any willful failure to comply with that court order 4,504
is contempt of court and, upon a finding by the court that the 4,505
party is in contempt of court, the court and the agency will take 4,506
any action necessary to obtain the information or make any 4,507
reasonable assumptions necessary with respect to the income of 4,508
the person in contempt of court to ensure a fair and equitable 4,509
review of the child support order; issue a revised child support 4,510
order requiring the obligor to pay the revised amount of child 4,511
support calculated by the agency, if the court determines at the 4,512
hearing that the revised amount of child support calculated by 4,513
the agency is the appropriate amount; and determine the 4,514
appropriate amount of child support and, if necessary, issue a 4,515
revised child support order requiring the obligor to pay the 4,516
amount of child support determined by the court, if the court 4,517
determines that the revised amount of child support calculated by 4,518
the agency is not the appropriate amount. 4,519
(iii) In determining, at a hearing conducted under 4,521
divisions (C)(1)(c)(i) and (ii) of this section, the appropriate 4,522
amount of child support to be paid by the obligor, the court 4,523
shall consider, in addition to all other factors required by law 4,524
to be considered, the cost of health insurance which the obligor, 4,525
the obligee, or both the obligor and the obligee have been 4,526
ordered to obtain for the children specified in the order. 4,527
(d) On or after July 1, 1990, the court shall issue any 4,529
order required by section 3113.217 of the Revised Code. 4,530
(e)(i) On or after July 1, 1990, an obligee under a child 4,532
support order may file a motion with the court that issued the 4,533
order requesting the court to modify the order to require the 4,534
obligor to obtain health insurance coverage for the children who 4,535
are the subject of the order, and on or after July 1, 1990, an 4,536
109
obligor under a child support order may file a motion with the 4,537
court that issued the order requesting the court to modify the 4,538
order to require the obligee to obtain health insurance coverage 4,539
for those children. Upon the filing of such a motion, the court 4,540
shall order the child support enforcement agency to conduct an 4,541
investigation to determine whether the obligor or obligee has 4,542
satisfactory health insurance coverage for the children. Upon 4,543
completion of its investigation, the agency shall inform the 4,544
court, in writing, of its determination. If the court determines 4,545
that neither the obligor nor the obligee has satisfactory health 4,546
insurance coverage for the children, it shall issue an order in 4,547
accordance with section 3113.217 of the Revised Code. 4,548
(ii) On or after July 1, 1990, an obligor or obligee under 4,550
a child support order may file a motion with the court that 4,551
issued the order requesting the court to modify the amount of 4,552
child support required to be paid under the order because that 4,553
amount does not adequately cover the medical needs of the child. 4,554
Upon the filing of such a motion, the court shall determine 4,555
whether the amount of child support required to be paid under the 4,556
order adequately covers the medical needs of the child and 4,557
whether to modify the order, in accordance with division (B)(4) 4,558
of section 3113.215 of the Revised Code. 4,559
(f) Whenever a court modifies, reviews, or otherwise 4,561
reconsiders a child support order, it may reconsider which parent 4,562
may claim the children who are the subject of the child support 4,563
order as dependents for federal income tax purposes as set forth 4,564
in section 151 of the "Internal Revenue Code of 1986," 100 Stat. 4,565
2085, 26 U.S.C. 1, as amended, and shall issue its determination 4,566
on this issue as part of the child support order. The court in 4,567
its order may permit the parent who is not the residential parent 4,568
and legal custodian to claim the children as dependents for 4,569
federal income tax purposes only if the payments for child 4,570
support are current in full as ordered by the court for the year 4,571
in which the children will be claimed as dependents. If the 4,572
110
court determines that the parent who is not the residential 4,573
parent and legal custodian may claim the children as dependents 4,574
for federal income tax purposes, it shall order the residential 4,575
parent to take whatever action is necessary pursuant to section 4,576
152 of the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 4,577
U.S.C. 1, as amended, to enable the parent who is not the 4,578
residential parent and legal custodian to claim the children as 4,579
dependents for federal income tax purposes in accordance with the 4,580
order of the court. Any willful failure of the residential 4,581
parent to comply with the order of the court is contempt of 4,582
court. 4,583
(g) If the order is a child support order issued on or 4,585
after July 1, 1990, or if the order modifies, on or after July 1, 4,586
1990, a prior child support order, the court shall include in the 4,587
order all of the requirements, specifications, and statements 4,588
described in division (B) of section 3113.218 of the Revised 4,589
Code. 4,590
(2) In any action in which a support order is issued, on 4,592
or after December 1, 1986, under Chapter 3115. or under section 4,593
2151.23, 2151.33, 2151.36, 2151.49, 3105.18, 3105.21, 3109.05, 4,594
3109.19, 3111.13, 3113.04, 3113.07, 3113.216, or 3113.31 of the 4,597
Revised Code, the court issuing the order also shall conduct a 4,598
hearing, prior to or at the time of the issuance of the support 4,599
order, to determine the employment status of the obligor, the 4,600
obligor's social security number, the name and business address 4,601
of the obligor's employer, and any other information necessary to 4,602
enable the court or a child support enforcement agency to issue 4,603
any withholding or deduction notice described in division (D) of 4,604
this section or for the court to issue a court order described in 4,605
division (D)(6) or (7) of this section. The court, prior to the 4,606
hearing, shall give the obligor notice of the hearing that shall 4,607
include the date on which the notice is given and notice that the 4,608
obligor is subject to a requirement for the withholding of a 4,609
specified amount from personal earnings if employed and to one or 4,610
111
more other types of withholding or deduction requirements 4,611
described in division (D) or one or more types of court orders 4,612
described in division (D)(6) or (7) of this section and that the 4,613
obligor may present evidence and testimony at the hearing to 4,614
prove that any of the requirements would not be proper because of 4,615
a mistake of fact. 4,616
The court or child support enforcement agency, immediately 4,618
upon the court's completion of the hearing, shall issue one or 4,619
more of the types of notices described in division (D) of this 4,620
section imposing a withholding or deduction requirement, or the 4,621
court shall issue one or more types of court orders described in 4,622
division (D)(6) or (7) of this section. 4,623
(D) If a court or child support enforcement agency is 4,625
required under division (A), (B), or (C) of this section or any 4,626
other section of the Revised Code to issue one or more 4,627
withholding or deduction notices described in this division or 4,628
court orders described in division (D)(6) or (7) of this section, 4,629
the court shall issue one or more of the following types of 4,630
notices or court orders, or the agency shall issue one or more of 4,631
the following types of notices to pay the support required under 4,632
the support order in question and also, if required by any of 4,633
those divisions, any other section of the Revised Code, or the 4,634
court, to pay any arrearages: 4,635
(1)(a) If the court or the child support enforcement 4,637
agency determines that the obligor is employed, the court or 4,638
agency shall require the obligor's employer to withhold from the 4,639
obligor's personal earnings a specified amount for support in 4,640
satisfaction of the support order, to begin the withholding no 4,641
later than the first pay period that occurs after fourteen 4,642
working days following the date the notice was mailed to the 4,643
employer under divisions (A)(2) or (B) and (D)(1)(b) of this 4,644
section, to send the amount withheld to the child support 4,645
enforcement agency designated for that county pursuant to section 4,646
2301.35 of the Revised Code, to send that amount to the agency 4,647
112
immediately but not later than ten days after the date the 4,648
obligor is paid, and to continue the withholding at intervals 4,649
specified in the notice until further notice from the court or 4,650
agency. To the extent possible, the amount specified in the 4,651
notice to be withheld shall satisfy the amount ordered for 4,652
support in the support order plus any arrearages that may be owed 4,653
by the obligor under any prior support order that pertained to 4,654
the same child or spouse, notwithstanding the ANY APPLICABLE 4,655
limitations of sections 2329.66, 2329.70, 2716.02, 2716.041, and 4,657
2716.05 of the Revised Code. However, in no case shall the sum 4,659
of the amount specified in the notice to be withheld and any fee 4,660
withheld by the employer as a charge for its services exceed the 4,661
maximum amount permitted under section 303(b) of the "Consumer 4,662
Credit Protection Act," 15 U.S.C. 1673(b). 4,663
(b) If the court or agency imposes a withholding 4,665
requirement under division (D)(1)(a) of this section, it, within 4,666
the applicable period of time specified in division (A), (B), or 4,667
(C) of this section, shall send to the obligor's employer by 4,668
regular mail a notice that contains all of the information set 4,669
forth in divisions (D)(1)(b)(i) to (xi) of this section. The 4,670
notice is final and is enforceable by the court. The notice 4,671
shall contain all of the following: 4,672
(i) The amount to be withheld from the obligor's wages and 4,674
a statement that the amount actually withheld for support and 4,675
other purposes, including the fee described in division 4,676
(D)(1)(b)(xi) of this section, shall not be in excess of the 4,677
maximum amounts permitted under section 303(b) of the "Consumer 4,678
Credit Protection Act," 15 U.S.C. 1673(b); 4,679
(ii) A statement that the employer is required to send the 4,681
amount withheld to the child support enforcement agency 4,682
immediately, but not later than ten working days, after the 4,683
obligor is paid by the employer and is required to report to the 4,684
agency the date on which the amount was withheld from the 4,685
obligor's wages; 4,686
113
(iii) A statement that the withholding is binding upon the 4,688
employer until further notice from the agency; 4,689
(iv) A statement that the employer is subject to a fine to 4,691
be determined under the law of this state for discharging the 4,692
obligor from employment, refusing to employ the obligor, or 4,693
taking any disciplinary action against the obligor because of the 4,694
withholding requirement; 4,695
(v) A statement that, if the employer fails to withhold 4,697
wages in accordance with the provisions of the notice, the 4,698
employer is liable for the accumulated amount the employer should 4,699
have withheld from the obligor's wages; 4,700
(vi) A statement that the withholding in accordance with 4,702
the notice and under the provisions of this section has priority 4,703
over any other legal process under the law of this state against 4,704
the same wages; 4,705
(vii) The date on which the notice was mailed and a 4,707
statement that the employer is required to implement the 4,708
withholding no later than the first pay period that occurs after 4,709
fourteen working days following the date the notice was mailed 4,710
and is required to continue the withholding at the intervals 4,711
specified in the notice; 4,712
(viii) A requirement that the employer promptly notify the 4,714
child support enforcement agency, in writing, within ten working 4,715
days after the date of any termination of the obligor's 4,716
employment, any layoff of the obligor, any leave of absence of 4,717
the obligor without pay, or any other situation in which the 4,718
employer ceases to pay personal earnings in an amount sufficient 4,719
to comply with the order to the obligor, provide the agency with 4,720
the obligor's last known address, notify the agency of the 4,721
obligor's new employer, if known, and provide the agency with the 4,722
new employer's name, address, and telephone number, if known; 4,723
(ix) A requirement that the employer identify in the 4,725
notification given under division (D)(1)(b)(viii) of this section 4,726
any types of benefits other than personal earnings that the 4,727
114
obligor is receiving or is eligible to receive as a benefit of 4,728
employment or as a result of the obligor's termination of 4,729
employment, including, but not limited to, unemployment 4,730
compensation, workers' compensation benefits, severance pay, sick 4,731
leave, lump-sum payments of retirement benefits or contributions, 4,732
and bonuses or profit-sharing payments or distributions, and the 4,733
amount of such benefits, and include in the notification the 4,734
obligor's last known address and telephone number, date of birth, 4,735
social security number, and court case number and, if known, the 4,736
name and business address of any new employer of the obligor; 4,737
(x) A requirement that, no later than the earlier of 4,739
forty-five days before the lump-sum payment is to be made or, if 4,740
the obligor's right to the lump-sum payment is determined less 4,741
than forty-five days before it is to be made, the date on which 4,742
that determination is made, the employer notify the child support 4,743
enforcement agency of any lump-sum payments of any kind of five 4,744
hundred dollars or more that are to be paid to the obligor, hold 4,745
the lump-sum payments of five hundred dollars or more for thirty 4,746
days after the date on which the lump-sum payments otherwise 4,747
would have been paid to the obligor, if the lump-sum payments are 4,748
workers' compensation benefits, severance pay, sick leave, 4,749
lump-sum payments of retirement benefits or contributions, annual 4,750
bonuses, or profit-sharing payments or distributions, and, upon 4,751
order of the court, pay any specified amount of the lump-sum 4,752
payment to the child support enforcement agency. 4,753
(xi) A statement that, in addition to the amount withheld 4,755
for support, the employer may withhold a fee from the obligor's 4,756
earnings as a charge for its services in complying with the 4,757
notice and a specification of the amount that may be withheld. 4,758
(c) The court or agency shall send the notice described in 4,760
division (D)(1)(b) of this section to the obligor and shall 4,761
attach to the notice an additional notice requiring the obligor 4,762
immediately to notify the child support enforcement agency, in 4,763
writing, of any change in employment, including self-employment, 4,765
115
and of the availability of any other sources of income that can 4,766
be the subject of any withholding or deduction requirement 4,767
described in division (D) of this section. The court or agency 4,768
shall serve the notices upon the obligor at the same time as 4,769
service of the support order or, if the support order previously 4,770
has been issued, shall send the notices to the obligor by regular 4,771
mail at the last known address at the same time that it sends the 4,772
notice described in division (D)(1)(b) of this section to the 4,773
employer. The notification required of the obligor shall include 4,774
a description of the nature of any new employment, the name and 4,775
business address of any new employer, and any other information 4,776
reasonably required by the court. No obligor shall fail to give 4,777
the notification required by division (D)(1)(c) of this section. 4,778
(2)(a) If the court or the child support enforcement 4,780
agency determines that the obligor is receiving workers' 4,781
compensation payments, the court or agency may require the bureau 4,782
of workers' compensation or the employer that has been granted 4,783
the privilege of paying compensation directly and that is paying 4,784
workers' compensation benefits to the obligor to withhold from 4,785
the obligor's workers' compensation payments a specified amount 4,786
for support in satisfaction of the support order, to begin the 4,787
withholding no later than the date of the first payment that 4,788
occurs after fourteen working days following the date the notice 4,789
was mailed to the bureau or employer under divisions (A)(2) or 4,790
(B) and (D)(2)(b) of this section, to send the amount withheld to 4,791
the child support enforcement agency designated for that county 4,792
pursuant to section 2301.35 of the Revised Code, to send that 4,793
amount to the agency immediately but not later than ten days 4,794
after the date the payment is made to the obligor, to provide the 4,795
date on which the amount was withheld, and to continue the 4,796
withholding at intervals specified in the notice until further 4,797
notice from the court or agency. To the extent possible, the 4,798
amount specified in the notice to be withheld shall satisfy the 4,799
amount ordered for support in the support order plus any 4,800
116
arrearages that may be owed by the obligor under any prior 4,801
support order that pertained to the same child or spouse, 4,802
notwithstanding the limitations of section 4123.67 of the Revised 4,803
Code. However, in no case shall the sum of the amount specified 4,804
in the notice to be withheld and any fee withheld by an employer 4,805
as a charge for its services exceed the maximum amount permitted 4,806
under section 303(b) of the "Consumer Credit Protection Act," 15 4,807
U.S.C. 1673(b). 4,808
(b) If the court or agency imposes a withholding 4,810
requirement under division (D)(2)(a) of this section, it, within 4,811
the applicable period of time specified in division (A), (B), or 4,812
(C) of this section, shall send to the bureau of workers' 4,813
compensation or the employer that is paying the obligor's 4,814
workers' compensation benefits by regular mail a notice that 4,815
contains all of the information set forth in divisions 4,816
(D)(2)(b)(i) to (x) of this section. The notice is final and is 4,817
enforceable by the court. The notice shall contain all of the 4,818
following: 4,819
(i) The amount to be withheld from the obligor's worker's 4,821
compensation payments and a statement that the amount actually 4,822
withheld for support and other purposes, including the fee 4,823
described in division (D)(2)(b)(x) of this section, if 4,824
applicable, shall not be in excess of the maximum amounts 4,825
permitted under section 303(b) of the "Consumer Credit Protection 4,826
Act," 15 U.S.C. 1673(b); 4,827
(ii) A statement that the bureau or employer is required 4,829
to send the amount withheld to the child support enforcement 4,830
agency immediately, but not later than ten working days, after 4,831
the payment is made to the obligor and is required to report to 4,832
the agency the date on which the amount was withheld from the 4,833
obligor's payments; 4,834
(iii) A statement that the withholding is binding upon the 4,836
bureau or employer until further notice from the court or agency; 4,837
(iv) If the notice is sent to an employer who is paying 4,839
117
the obligor's worker's compensation benefits, a statement that, 4,840
if the employer fails to withhold from the obligor's worker's 4,841
compensation payments in accordance with the provisions of the 4,842
notice, the employer is liable for the accumulated amount the 4,843
employer should have withheld from the obligor's payments; 4,844
(v) A statement that the withholding in accordance with 4,846
the notice and under the provisions of this section has priority 4,847
over any other legal process under the law of this state against 4,848
the same payment of benefits; 4,849
(vi) The date on which the notice was mailed and a 4,851
statement that the bureau or employer is required to implement 4,852
the withholding no later than the date of the first payment that 4,853
occurs after fourteen working days following the date the notice 4,854
was mailed and is required to continue the withholding at the 4,855
intervals specified in the notice; 4,856
(vii) A requirement that the bureau or employer promptly 4,858
notify the child support enforcement agency, in writing, within 4,859
ten working days after the date of any termination of the 4,860
obligor's workers' compensation benefits; 4,861
(viii) A requirement that the bureau or employer include 4,863
in all notices the obligor's last known mailing address, last 4,864
known residence address, and social security number; 4,865
(ix) A requirement that, no later than the earlier of 4,867
forty-five days before the lump-sum payment is to be made or, if 4,868
the obligor's right to the lump-sum payment is determined less 4,869
than forty-five days before it is to be made, the date on which 4,870
that determination is made, the bureau or employer notify the 4,871
child support enforcement agency of any lump-sum payment of any 4,872
kind of five hundred dollars or more that is to be paid to the 4,873
obligor, hold the lump-sum payment for thirty days after the date 4,874
on which the lump-sum payment otherwise would be paid to the 4,875
obligor, and, upon order of the court, pay any specified amount 4,876
of the lump-sum payment to the agency. 4,877
(x) If the notice is sent to an employer who is paying the 4,879
118
obligor's workers' compensation benefits, a statement that, in 4,880
addition to the amount withheld for support, the employer may 4,881
withhold a fee from the obligor's benefits as a charge for its 4,882
services in complying with the notice and a specification of the 4,883
amount that may be withheld. 4,884
(c) The court or agency shall send the notice described in 4,886
division (D)(2)(b) of this section to the obligor and shall 4,887
attach to the notice an additional notice requiring the obligor 4,888
to immediately notify the child support enforcement agency, in 4,889
writing, of any change in the obligor's workers' compensation 4,890
payments, of the obligor's commencement of employment, including 4,891
self-employment, and of the availability of any other sources of 4,892
income that can be the subject of any withholding or deduction 4,893
requirement described in division (D) of this section. The court 4,894
or agency shall serve the notices upon the obligor at the same 4,895
time as service of the support order or, if the support order 4,896
previously has been issued, shall send the notices to the obligor 4,897
by regular mail at the obligor's last known address at the same 4,898
time that it sends the notice described in division (D)(2)(b) of 4,899
this section to the bureau or employer. The additional notice 4,900
also shall notify the obligor that upon commencement of 4,901
employment the obligor may request the court or the child support 4,902
enforcement agency to cancel its workers' compensation payment 4,903
withholding notice and instead issue a notice requiring the 4,904
withholding of an amount from the obligor's personal earnings for 4,905
support in accordance with division (D)(1) of this section and 4,907
that upon commencement of employment the court may cancel its 4,908
workers' compensation payment withholding notice and instead will 4,909
issue a notice requiring the withholding of an amount from the 4,910
obligor's personal earnings for support in accordance with 4,911
division (D)(1) of this section. The notification required of
the obligor shall include a description of the nature of any new 4,912
employment, the name and business address of any new employer, 4,913
and any other information reasonably required by the court. 4,914
119
(3)(a) If the court or child support enforcement agency 4,916
determines that the obligor is receiving any pension, annuity, 4,917
allowance, or other benefit or is to receive or has received a 4,918
warrant refunding the individual account from the public 4,919
employees retirement system, a municipal retirement system 4,920
established subject to sections 145.01 to 145.58 of the Revised 4,921
Code, the police and firemen's disability and pension fund, the 4,922
state teachers retirement system, the school employees retirement 4,923
system, or the state highway patrol retirement system, the court 4,924
or agency may require the public employees retirement board, the 4,925
board, board of trustees, or other governing entity of any 4,926
municipal retirement system, the board of trustees of the police 4,927
and firemen's disability and pension fund, the state teachers 4,928
retirement board, the school employees retirement board, or the 4,929
state highway patrol retirement board to withhold from the 4,930
obligor's pension, annuity, allowance, other benefit, or warrant 4,931
a specified amount for support in satisfaction of the support 4,932
order, to begin the withholding no later than the date of the 4,933
first payment that occurs after fourteen working days following 4,934
the date the notice was mailed to the board, board of trustees, 4,935
or other entity under divisions (A)(2) or (B) and (D)(3)(b) of 4,936
this section, to send the amount withheld to the child support 4,937
enforcement agency designated for that county pursuant to section 4,938
2301.35 of the Revised Code, to send that amount to the agency 4,939
immediately but not later than ten days after the date the 4,940
payment is made to the obligor, to provide the date on which the 4,941
amount was withheld, and to continue the withholding at intervals 4,942
specified in the notice until further notice from the court or 4,943
agency. To the extent possible, the amount specified in the 4,944
notice to be withheld shall satisfy the amount ordered for 4,945
support in the support order plus any arrearages that may be owed 4,946
by the obligor under any prior support order that pertained to 4,947
the same child or spouse, notwithstanding the limitations of 4,948
sections 2329.66, 2329.70, and 2716.13 of the Revised Code. 4,949
120
However, in no case shall the sum of the amount specified in the 4,950
notice to be withheld and any fee withheld by the board, board of 4,951
trustees, or other entity as a charge for its services exceed the 4,952
maximum amount permitted under section 303(b) of the "Consumer 4,953
Credit Protection Act," 15 U.S.C. 1673(b). 4,954
(b) If the court or agency imposes a withholding 4,956
requirement under division (D)(3)(a) of this section, it, within 4,957
the applicable period of time specified in division (A), (B), or 4,958
(C) of this section, shall send to the board, board of trustees, 4,959
or other entity by regular mail a notice that contains all of the 4,960
information set forth in divisions (D)(3)(b)(i) to (ix) of this 4,961
section. The notice is final and is enforceable by the court. 4,962
The notice shall contain all of the following: 4,963
(i) The amount to be withheld from the obligor's pension, 4,965
annuity, allowance, other benefit, or warrant and a statement 4,966
that the amount actually withheld for support and other purposes, 4,967
including the fee described in division (D)(3)(b)(ix) of this 4,968
section, shall not be in excess of the maximum amounts permitted 4,969
under section 303(b) of the "Consumer Credit Protection Act," 15 4,970
U.S.C. 1673(b); 4,971
(ii) A statement that the board, board of trustees, or 4,973
other entity is required to send the amount withheld to the child 4,974
support enforcement agency immediately, but not later than ten 4,975
working days, after the payment is made to the obligor and is 4,976
required to report to the agency the date on which the amount was 4,977
withheld from the obligor's payments; 4,978
(iii) A statement that the withholding is binding upon the 4,980
board, board of trustees, or other entity until further notice 4,981
from the court or agency; 4,982
(iv) A statement that the withholding in accordance with 4,984
the notice and under the provisions of this section has priority 4,985
over any other legal process under the law of this state against 4,986
the same payment of the pension, annuity, allowance, other 4,987
benefit, or warrant; 4,988
121
(v) The date on which the notice was mailed and a 4,990
statement that the board, board of trustees, or other entity is 4,991
required to implement the withholding no later than the date of 4,992
the first payment that occurs after fourteen working days 4,993
following the date the notice was mailed and is required to 4,994
continue the withholding at the intervals specified in the 4,995
notice; 4,996
(vi) A requirement that the board, board of trustees, or 4,998
other entity promptly notify the child support enforcement 4,999
agency, in writing, within ten working days after the date of any 5,000
termination of the obligor's pension, annuity, allowance, or 5,001
other benefit; 5,002
(vii) A requirement that the board, board of trustees, or 5,004
other entity include in all notices the obligor's last known 5,005
mailing address, last known residence address, and social 5,006
security number; 5,007
(viii) A requirement that, no later than the earlier of 5,009
forty-five days before the lump-sum payment is to be made or, if 5,010
the obligor's right to the lump-sum payment is determined less 5,011
than forty-five days before it is to be made, the date on which 5,012
that determination is made, the board, board of trustees, or 5,013
other entity notify the child support enforcement agency of any 5,014
lump-sum payment of any kind of five hundred dollars or more that 5,015
is to be paid to the obligor, hold the lump-sum payment for 5,016
thirty days after the date on which the lump-sum payment would 5,017
otherwise be paid to the obligor, if the lump-sum payments are 5,018
lump-sum payments of retirement benefits or contributions, and, 5,019
upon order of the court, pay any specified amount of the lump-sum 5,020
payment to the agency. 5,021
(ix) A statement that, in addition to the amount withheld 5,023
for support, the board, board of trustees, or other entity may 5,024
withhold a fee from the obligor's pension, annuity, allowance, 5,025
other benefit, or warrant as a charge for its services in 5,026
complying with the notice and a specification of the amount that 5,027
122
may be withheld. 5,028
(c) The court or agency shall send the notice described in 5,030
division (D)(3)(b) of this section to the obligor and shall 5,031
attach to the notice an additional notice requiring the obligor 5,032
immediately to notify the child support enforcement agency, in 5,033
writing, of any change in pension, annuity, allowance, or other 5,035
benefit, of the commencement of employment, including
self-employment, and of the availability of any other sources of 5,036
income that can be the subject of any withholding or deduction 5,037
requirement described in division (D) of this section. The court 5,038
or agency shall serve the notices upon the obligor at the same 5,039
time as service of the support order or, if the support order 5,040
previously has been issued, shall send the notices to the obligor 5,041
by regular mail at the last known address at the same time that 5,042
it sends the notice described in division (D)(3)(b) of this 5,043
section to the board, board of trustees, or other entity. The 5,044
additional notice also shall specify that upon commencement of 5,046
employment the obligor may request the court or the child support 5,047
enforcement agency to issue a notice requiring the withholding of 5,048
an amount from personal earnings for support in accordance with 5,049
division (D)(1) of this section and that upon commencement of 5,050
employment the court may cancel its withholding notice under 5,051
division (D)(3)(b) of this section and instead will issue a 5,052
notice requiring the withholding of an amount from personal 5,053
earnings for support in accordance with division (D)(1) of this 5,054
section. The notification required of the obligor shall include 5,055
a description of the nature of any new employment, the name and 5,056
business address of any new employer, and any other information 5,057
reasonably required by the court.
(4)(a) If the court or child support enforcement agency 5,059
determines that the obligor is receiving any form of income, 5,060
including, but not limited to, disability or sick pay, insurance 5,061
proceeds, lottery prize awards, federal, state, or local 5,062
government benefits to the extent that the benefits can be 5,063
123
withheld or deducted under any law governing the benefits, any 5,064
form of trust fund or endowment fund, vacation pay, commissions 5,065
and draws against commissions that are paid on a regular basis, 5,066
bonuses or profit-sharing payments or distributions, or any 5,067
lump-sum payments, the court or agency may require the person who 5,068
pays or otherwise distributes the income to the obligor to 5,069
withhold from the obligor's income a specified amount for support 5,070
in satisfaction of the support order, to begin the withholding no 5,071
later than the date of the first payment that occurs after 5,072
fourteen working days following the date the notice was mailed to 5,073
the person paying or otherwise distributing the obligor's income 5,074
under divisions (A)(2) or (B) and (D)(4)(b) of this section, to 5,075
send the amount withheld to the child support enforcement agency 5,076
designated for that county pursuant to section 2301.35 of the 5,077
Revised Code, to send that amount to the agency immediately but 5,078
not later than ten days after the date the payment is made to the 5,079
obligor, to provide the date on which the amount was withheld, 5,080
and to continue the withholding at intervals specified in the 5,081
notice until further notice from the court or agency. To the 5,082
extent possible, the amount specified in the notice to be 5,083
withheld shall satisfy the amount ordered for support in the 5,084
support order plus any arrearages that may be owed by the obligor 5,085
under any prior support order that pertained to the same child or 5,086
spouse, notwithstanding the ANY APPLICABLE limitations of 5,087
sections 2329.66, 2329.70, 2716.02, 2716.041, 2716.05, and 5,088
2716.13 of the Revised Code. However, in no case shall the sum 5,090
of the amount specified in the notice to be withheld and any fee 5,091
withheld by the person paying or otherwise distributing the 5,092
obligor's income as a charge for its services exceed the maximum 5,093
amount permitted under section 303(b) of the "Consumer Credit 5,094
Protection Act," 15 U.S.C. 1673(b).
(b) If the court or agency imposes a withholding 5,096
requirement under division (D)(4)(a) of this section, it, within 5,097
the applicable period of time specified in division (A), (B), or 5,098
124
(C) of this section, shall send to the person paying or otherwise 5,099
distributing the obligor's income by regular mail a notice that 5,100
contains all of the information set forth in divisions 5,101
(D)(4)(b)(i) to (ix) of this section. The notice is final and is 5,102
enforceable by the court. The notice shall contain all of the 5,103
following: 5,104
(i) The amount to be withheld from the obligor's income 5,106
and a statement that the amount actually withheld for support and 5,107
other purposes, including the fee described in division 5,108
(D)(4)(b)(ix) of this section, shall not be in excess of the 5,109
maximum amounts permitted under section 303(b) of the "Consumer 5,110
Credit Protection Act," 15 U.S.C. 1673(b); 5,111
(ii) A statement that the person paying or otherwise 5,113
distributing the obligor's income is required to send the amount 5,114
withheld to the child support enforcement agency immediately, but 5,115
not later than ten working days, after the payment is made to the 5,116
obligor and is required to report to the agency the date on which 5,117
the amount was withheld from the obligor's payments; 5,118
(iii) A statement that the withholding is binding upon the 5,120
person paying or otherwise distributing the obligor's income 5,121
until further notice from the court or agency; 5,122
(iv) A statement that the withholding in accordance with 5,124
the notice and under the provisions of this section has priority 5,125
over any other legal process under the law of this state against 5,126
the same payment of the income; 5,127
(v) A statement that the person paying or otherwise 5,129
distributing the obligor's income is required to implement the 5,130
withholding no later than the date of the first payment that 5,131
occurs after fourteen working days following the date the notice 5,132
was mailed and is required to continue the withholding at the 5,133
intervals specified in the notice; 5,134
(vi) A requirement that the person paying or otherwise 5,136
distributing the obligor's income promptly notify the child 5,137
support enforcement agency, in writing, within ten days after the 5,138
125
date of any termination of the obligor's income; 5,139
(vii) A requirement that the person paying or otherwise 5,141
distributing the obligor's income include in all notices the 5,142
obligor's last known mailing address, last known residence 5,143
address, and social security number; 5,144
(viii) A requirement that, no later than the earlier of 5,146
forty-five days before the lump-sum payment is to be made or, if 5,147
the obligor's right to the lump-sum payment is determined less 5,148
than forty-five days before it is to be made, the date on which 5,149
that determination is made, the person paying or otherwise 5,150
distributing the obligor's income notify the child support 5,151
enforcement agency of any lump-sum payment of any kind of five 5,152
hundred dollars or more that is to be paid to the obligor, hold 5,153
the lump-sum payment for thirty days after the date on which the 5,154
lump-sum payment would otherwise be paid to the obligor, if the 5,155
lump-sum payment is sick pay, lump-sum payment of retirement 5,156
benefits or contributions, or profit-sharing payments or 5,157
distributions, and, upon order of the court, pay any specified 5,158
amount of the lump-sum payment to the child support enforcement 5,159
agency. 5,160
(ix) A statement that, in addition to the amount withheld 5,162
for support, the person paying or otherwise distributing the 5,163
obligor's income may withhold a fee from the obligor's income as 5,164
a charge for its services in complying with the order and a 5,165
specification of the amount that may be withheld. 5,166
(c) The court or agency shall send the notice described in 5,168
division (D)(4)(b) of this section to the obligor and shall 5,169
attach to the notice an additional notice requiring the obligor 5,170
immediately to notify the child support enforcement agency, in 5,171
writing, of any change in income to which the withholding notice 5,173
applies, of the commencement of employment, including
self-employment, and of the availability of any other sources of 5,174
income that can be the subject of any withholding or deduction 5,175
requirement described in division (D) of this section. The court 5,176
126
or agency shall serve the notices upon the obligor at the same 5,177
time as service of the support order or, if the support order 5,178
previously has been issued, shall send the notices to the obligor 5,179
by regular mail at the last known address at the same time that 5,180
it sends the notice described in division (D)(4)(b) of this 5,181
section to the person paying or otherwise distributing the 5,182
obligor's income. The additional notice also shall specify that 5,183
upon commencement of employment the obligor may request the court 5,185
or child support enforcement agency to issue a notice requiring 5,186
the withholding of an amount from the obligor's personal earnings 5,187
for support in accordance with division (D)(1) of this section
and that upon commencement of employment the court may cancel its 5,189
withholding notice under division (D)(4)(b) of this section and 5,190
instead will issue a notice requiring the withholding of an
amount from personal earnings for support in accordance with 5,191
division (D)(1) of this section. The notification required of 5,192
the obligor shall include a description of the nature of any new 5,193
employment, the name and business address of any new employer, 5,194
and any other information reasonably required by the court. 5,195
(5)(a) If the court or child support enforcement agency 5,197
determines that the obligor has funds on deposit in any account 5,198
in a financial institution under the jurisdiction of the court, 5,199
the court or agency may require any financial institution in 5,200
which the obligor's funds are on deposit to deduct from the 5,201
obligor's account a specified amount for support in satisfaction 5,202
of the support order, to begin the deduction no later than 5,203
fourteen working days following the date the notice was mailed to 5,204
the financial institution under divisions (A)(2) or (B) and 5,205
(D)(5)(b) of this section, to send the amount deducted to the 5,206
child support enforcement agency designated for that county 5,207
pursuant to section 2301.35 of the Revised Code, to send that 5,208
amount to the agency immediately but not later than ten days 5,209
after the date the latest deduction was made, to provide the date 5,210
on which the amount was deducted, and to continue the deduction 5,211
127
at intervals specified in the notice until further notice from 5,212
the court or agency. To the extent possible, the amount 5,213
specified in the notice to be deducted shall satisfy the amount 5,214
ordered for support in the support order plus any arrearages that 5,215
may be owed by the obligor under any prior support order that 5,216
pertained to the same child or spouse, notwithstanding the 5,217
limitations of sections 2329.66, 2329.70, and 2716.13 of the 5,218
Revised Code. However, in no case shall the sum of the amount 5,219
specified in the notice to be deducted and the fee deducted by 5,220
the financial institution as a charge for its services exceed the 5,221
maximum amount permitted under section 303(b) of the "Consumer 5,222
Credit Protection Act," 15 U.S.C. 1673(b). 5,223
(b) If the court or agency imposes a withholding 5,225
requirement under division (D)(5)(a) of this section, it, within 5,226
the applicable period of time specified in division (A), (B), or 5,227
(C) of this section, shall send to the financial institution by 5,228
regular mail a notice that contains all of the information set 5,229
forth in divisions (D)(5)(b)(i) to (viii) of this section. The 5,230
notice is final and is enforceable by the court. The notice 5,231
shall contain all of the following: 5,232
(i) The amount to be deducted from the obligor's account 5,234
and a statement that the amount actually deducted for support and 5,235
other purposes, including the fee described in division 5,236
(D)(5)(b)(viii) of this section, shall not be in excess of the 5,237
maximum amounts permitted under section 303(b) of the "Consumer 5,238
Credit Protection Act," 15 U.S.C. 1673(b); 5,239
(ii) A statement that the financial institution is 5,241
required to send the amount deducted to the child support 5,242
enforcement agency immediately, but not later than ten working 5,243
days, after the date the last deduction was made and is required 5,244
to report to the agency the date on which the amount was deducted 5,245
from the obligor's account; 5,246
(iii) A statement that the deduction is binding upon the 5,248
financial institution until further notice from the court or 5,249
128
agency; 5,250
(iv) A statement that the withholding in accordance with 5,252
the notice and under the provisions of this section has priority 5,253
over any other legal process under the law of this state against 5,254
the same account; 5,255
(v) The date on which the notice was mailed and a 5,257
statement that the financial institution is required to implement 5,258
the deduction no later than fourteen working days following the 5,259
date the notice was mailed and is required to continue the 5,260
deduction at the intervals specified in the notice; 5,261
(vi) A requirement that the financial institution promptly 5,263
notify the child support enforcement agency, in writing, within 5,264
ten days after the date of any termination of the account from 5,265
which the deduction is being made and notify the agency, in 5,266
writing, of the opening of a new account at that financial 5,267
institution, the account number of the new account, the name of 5,268
any other known financial institutions in which the obligor has 5,269
any accounts, and the numbers of those accounts; 5,270
(vii) A requirement that the financial institution include 5,272
in all notices the obligor's last known mailing address, last 5,273
known residence address, and social security number; 5,274
(viii) A statement that, in addition to the amount 5,276
deducted for support, the financial institution may deduct a fee 5,277
from the obligor's account as a charge for its services in 5,278
complying with the notice and a specification of the amount that 5,279
may be deducted. 5,280
(c) The court or agency shall send the notice described in 5,282
division (D)(5)(b) of this section to the obligor and shall 5,283
attach to the notice an additional notice requiring the obligor 5,284
immediately to notify the child support enforcement agency, in 5,285
writing, of any change in the status of the account from which 5,286
the amount of support is being deducted or the opening of a new 5,287
account with any financial institution, of commencement of 5,288
employment, including self-employment, or of the availability of 5,289
129
any other sources of income that can be the subject of any 5,290
withholding or deduction requirement described in division (D) of 5,291
this section. The court or agency shall serve the notices upon 5,292
the obligor at the same time as service of the support order or, 5,293
if the support order previously has been issued, shall send the 5,294
notices to the obligor by regular mail at the last known address 5,295
at the same time that it sends the notice described in division 5,296
(D)(5)(b) of this section to the financial institution. The 5,297
additional notice also shall specify that upon commencement of 5,299
employment, the obligor may request the court or child support 5,300
enforcement agency to cancel its financial institution account 5,301
deduction notice and instead issue a notice requiring the
withholding of an amount from personal earnings for support in 5,303
accordance with division (D)(1) of this section and that upon
commencement of employment the court may cancel its financial 5,304
institution account deduction notice under division (D)(5)(b) of 5,305
this section and instead will issue a notice requiring the 5,306
withholding of an amount from personal earnings for support in 5,308
accordance with division (D)(1) of this section. The
notification required of the obligor shall include a description 5,309
of the nature of any new accounts opened at a financial 5,310
institution under the jurisdiction of the court, the name and 5,311
business address of that financial institution, a description of 5,312
the nature of any new employment, the name and business address 5,313
of any new employer, and any other information reasonably 5,314
required by the court. 5,315
(6) The court may issue an order requiring the obligor to 5,317
enter into a cash bond with the court. The court shall issue the 5,318
order as part of the support order or, if the support order 5,319
previously has been issued, as a separate order. Any cash bond 5,320
so required shall be in a sum fixed by the court at not less than 5,321
five hundred nor more than ten thousand dollars, conditioned that 5,322
the obligor will make payment as previously ordered and will pay 5,323
any arrearages under any prior support order that pertained to 5,324
130
the same child or spouse. The order, along with an additional 5,325
order requiring the obligor to immediately notify the child 5,326
support enforcement agency, in writing, of commencement of 5,327
employment, including self-employment, shall be attached to, and 5,328
shall be served upon the obligor at the same time as service of, 5,329
the support order or, if the support order previously has been 5,330
issued, as soon as possible after the issuance of the order under 5,331
this division. The additional order also shall specify that upon 5,332
commencement of employment the obligor may request the court to 5,334
cancel its bond order and instead issue a notice requiring the 5,335
withholding of an amount from personal earnings for support in 5,336
accordance with division (D)(1) of this section and that upon 5,337
commencement of employment the court will proceed to collect on 5,338
the bond, if the court determines that payments due under the 5,339
support order have not been made and that the amount that has not 5,340
been paid is at least equal to the support owed for one month 5,341
under the support order, and will issue a notice requiring the 5,342
withholding of an amount from personal earnings for support in 5,343
accordance with division (D)(1) of this section. The 5,344
notification required of the obligor shall include a description 5,345
of the nature of any new employment, the name and business 5,346
address of any new employer, and any other information reasonably 5,347
required by the court.
The court shall not order an obligor to post a cash bond 5,349
under this division unless the court determines that the obligor 5,350
has the ability to do so. A child support enforcement agency 5,351
shall not issue an order of the type described in this division. 5,352
If a child support enforcement agency is required to issue a 5,353
withholding or deduction notice under division (D) of this 5,354
section but the agency determines that no notice of the type 5,355
described in division (D)(1) to (5) of this section would be 5,356
appropriate, the agency may request the court to issue a court 5,357
order under this division, and, upon the request, the court may 5,358
issue an order as described in this division. 5,359
131
(7) If the obligor is unemployed, has no income, and does 5,361
not have an account at any financial institution, the court shall 5,362
issue an order requiring the obligor to seek employment if the 5,363
obligor is able to engage in employment and immediately to notify 5,364
the child support enforcement agency upon obtaining employment, 5,365
upon obtaining any income, or upon obtaining ownership of any 5,366
asset with a value of five hundred dollars or more. The court 5,367
shall issue the notice as part of the support order or, if the 5,368
support order previously has been issued, as a separate notice. A 5,370
child support enforcement agency shall not issue a notice of the 5,371
type described in this division. If a child support enforcement 5,372
agency is required to issue a withholding or deduction notice 5,373
under division (D) of this section but the agency determines that 5,374
no notice of the type described in division (D)(1) to (5) of this 5,375
section would be appropriate, the agency may request the court to 5,376
issue a court order under this division, and, upon the request, 5,377
the court may issue an order as described in this division. 5,378
(E) If a court or child support enforcement agency is 5,380
required under division (A), (B), or (C) of this section or any 5,381
other section of the Revised Code to issue one or more notices or 5,382
court orders described in division (D) of this section, the court 5,383
or agency to the extent possible shall issue a sufficient number 5,384
of notices or court orders under division (D) of this section to 5,385
provide that the aggregate amount withheld or deducted under 5,386
those notices or court orders satisfies the amount ordered for 5,387
support in the support order plus any arrearages that may be owed 5,388
by the obligor under any prior support order that pertained to 5,389
the same child or spouse, notwithstanding the ANY APPLICABLE 5,390
limitations of sections 2329.66, 2329.70, 2716.02, 2716.041, 5,391
2716.05, 2716.13, and 4123.67 of the Revised Code. However, in 5,393
no case shall the aggregate amount withheld or deducted and any 5,394
fees withheld or deducted as a charge for services exceed the 5,395
maximum amount permitted under section 303(b) of the "Consumer 5,396
Credit Protection Act," 15 U.S.C. 1673(b).
132
(F)(1) Any withholding or deduction requirement that is 5,398
contained in a notice described in division (D) of this section 5,399
and that is required to be issued by division (A), (B), or (C) of 5,400
this section or any other section of the Revised Code has 5,401
priority over any order of attachment, any order in aid of 5,402
execution, and any other legal process issued under state law 5,403
against the same earnings, payments, or account. 5,404
(2) When two or more withholding or deduction notices that 5,406
are described in division (D) of this section and that are 5,407
required to be issued by division (A), (B), or (C) of this 5,408
section or any other section of the Revised Code are received by 5,409
an employer, the bureau of workers' compensation, an employer 5,410
that is paying more than one person's workers' compensation 5,411
benefits, the public employees retirement board, the board, board 5,412
of trustees, or other governing entity of any municipal 5,413
retirement system, the board of trustees of the police and 5,414
firemen's disability and pension fund, the state teachers 5,415
retirement board, the school employees retirement board, the 5,416
state highway patrol retirement board, a person paying or 5,417
otherwise distributing income for more than one obligor, or a 5,418
financial institution, the employer, bureau of workers' 5,419
compensation, employer paying workers' compensation benefits, 5,420
board, board of trustees, or other governing entity of a 5,421
retirement system, person paying or distributing income to an 5,422
obligor, or financial institution shall comply with all of the 5,423
requirements contained in the notices to the extent that the 5,424
total amount withheld from the obligor's personal earnings, 5,425
payments, pensions, annuities, allowances, benefits, other 5,426
sources of income, or savings does not exceed the maximum amount 5,427
permitted under section 303(b) of the "Consumer Credit Protection 5,428
Act," 15 U.S.C. 1673(b), withhold or deduct amounts in accordance 5,429
with the allocation set forth in divisions (F)(2)(a) and (b) of 5,430
this section, notify each court or child support enforcement 5,431
agency that issued one of the notices of the allocation, and give 5,432
133
priority to amounts designated in each notice as current support 5,433
in the following manner: 5,434
(a) If the total of the amounts designated in the notices 5,436
as current support exceeds the amount available for withholding 5,437
under section 303(b) of the "Consumer Credit Protection Act," 15 5,438
U.S.C. 1673(b), the employer, bureau of workers' compensation, 5,439
employer paying workers' compensation benefits, board, board of 5,440
trustees, or other governing entity of a municipal retirement 5,441
system, person paying or distributing income to an obligor, or 5,442
financial institution shall allocate to each notice an amount for 5,443
current support equal to the amount designated in that notice as 5,444
current support multiplied by a fraction in which the numerator 5,445
is the amount of personal earnings, payments, pensions, 5,446
annuities, allowances, benefits, other sources of income, or 5,447
savings available for withholding and the denominator is the 5,448
total amount designated in all of the notices as current support. 5,449
(b) If the total of the amounts designated in the notices 5,451
as current support does not exceed the amount available for 5,452
withholding under section 303(b) of the "Consumer Credit 5,453
Protection Act," 15 U.S.C. 1673(b), the persons and entities 5,454
listed in division (F)(2)(a) of this section shall pay all of the 5,455
amounts designated as current support in the notices and shall 5,456
allocate to each notice an amount for past-due support equal to 5,457
the amount designated in that notice as past-due support 5,458
multiplied by a fraction in which the numerator is the amount of 5,459
personal earnings, payments, pensions, annuities, allowances, 5,460
benefits, other sources of income, or savings remaining available 5,461
for withholding after the payment of current support and the 5,462
denominator is the total amount designated in all of the notices 5,463
as past-due support. 5,464
(G)(1) Except when a provision specifically authorizes or 5,466
requires service other than as described in this division, 5,467
service of any notice on any party, the bureau of workers' 5,468
compensation, an employer that is paying a person's workers' 5,469
134
compensation benefits, the public employees retirement board, the 5,470
board, board of trustees, or other governing entity of any 5,471
municipal retirement system, the board of trustees of the police 5,472
and firemen's disability and pension fund, the state teachers 5,473
retirement board, the school employees retirement board, the 5,474
state highway patrol retirement board, a person paying or 5,475
otherwise distributing an obligor's income, a financial 5,476
institution, or an employer, for purposes of division (A), (B), 5,477
(C), or (D) of this section, may be made by personal service or 5,478
ordinary first class mail directed to the addressee at the last 5,479
known address, or, in the case of a corporation, at its usual 5,480
place of doing business. Any service of notice by ordinary first 5,481
class mail shall be evidenced by a certificate of mailing filed 5,482
with the clerk of the court. 5,483
(2) Each party to a support order shall notify the child 5,485
support enforcement agency of the party's current mailing address 5,486
and current residence address at the time of the issuance or 5,487
modification of the order and, until further notice of the court 5,488
that issues the order, shall notify the agency of any change in 5,489
either address immediately after the change occurs. Any willful 5,490
failure to comply with this division is contempt of court. No 5,491
person shall fail to give the notice required by division (G)(2) 5,492
of this section.
(3) Each support order, or modification of a support 5,494
order, that is subject to this section shall contain a statement 5,495
requiring each party to the order to notify the child support 5,496
enforcement agency in writing of the party's current mailing 5,497
address, the party's current residence address, and of any 5,498
changes in either address and a notice that the requirement to 5,499
notify the agency of all changes in either address continues 5,500
until further notice from the court and that a willful failure to 5,501
supply a correct mailing address or residence address or to 5,502
provide the agency with all changes in either address is contempt 5,503
of court. 5,504
135
(4)(a) The parent who is the residential parent and legal 5,506
custodian of a child for whom a support order is issued or the 5,507
person who otherwise has custody of a child for whom a support 5,508
order is issued immediately shall notify, and the obligor under a 5,509
support order may notify, the child support enforcement agency of 5,510
any reason for which the support order should terminate, 5,511
including, but not limited to, death, marriage, emancipation, 5,512
enlistment in the armed services, deportation, or change of legal 5,513
or physical custody of the child. A willful failure to notify 5,514
the child support enforcement agency as required by this division 5,515
is contempt of court. Upon receipt of a notice pursuant to this 5,516
division, the agency immediately shall conduct an investigation 5,517
to determine if any reason exists for which the support order 5,518
should terminate. If the agency so determines, it immediately 5,519
shall notify the court that issued the support order of the 5,520
reason for which the support order should terminate. 5,521
(b) Upon receipt of a notice given pursuant to division 5,523
(G)(4)(a) of this section, the court shall impound any funds 5,524
received for the child pursuant to the support order and set the 5,525
case for a hearing for a determination of whether the support 5,526
order should be terminated or modified or whether the court 5,527
should take any other appropriate action. 5,528
(c) If the court terminates a support order pursuant to 5,530
divisions (G)(4)(a) and (b) of this section, the termination of 5,531
the support order also terminates any withholding or deduction 5,532
order as described in division (D) or (H) of this section that 5,533
was issued relative to the support order prior to December 31, 5,534
1993, and any withholding or deduction notice as described in 5,535
division (D) or court order as described in division (D)(6), 5,536
(D)(7), or (H) of this section that was issued relative to the 5,537
support order on or after December 31, 1993. Upon the 5,538
termination of any withholding or deduction order or any 5,539
withholding or deduction notice, the court immediately shall 5,540
notify the appropriate child support enforcement agency that the 5,541
136
order or notice has been terminated, and the agency immediately 5,542
shall notify each employer, financial institution, or other 5,543
person or entity that was required to withhold or deduct a sum of 5,544
money for the payment of support under the terminated withholding 5,545
or deduction order or the terminated withholding or deduction 5,546
notice that the order or notice has been terminated and that it 5,547
is required to cease all withholding or deduction under the order 5,548
or notice. 5,549
(d) The department of human services shall adopt rules 5,551
that provide for both of the following: 5,552
(i) The return to the appropriate person of any funds that 5,554
a court has impounded under division (G)(4)(b) of this section if 5,555
the support order under which the funds were paid has been 5,556
terminated pursuant to divisions (G)(4)(a) and (b) of this 5,557
section; 5,558
(ii) The return to the appropriate person of any other 5,560
payments made pursuant to a support order if the payments were 5,561
made at any time after the support order under which the funds 5,562
were paid has been terminated pursuant to divisions (G)(4)(a) and 5,563
(b) of this section. 5,564
(5) If any party to a support order requests a 5,566
modification of the order or if any obligee under a support order 5,567
or any person on behalf of the obligee files any action to 5,568
enforce a support order, the court shall notify the child support 5,569
enforcement agency that is administering the support order or 5,570
that will administer the order after the court's determination of 5,571
the request or the action, of the request or the filing. 5,572
(6) When a child support enforcement agency receives any 5,574
notice under division (G) of section 2151.23, section 2301.37, 5,575
division (E) of section 3105.18, division (C) of section 3105.21, 5,576
division (A) of section 3109.05, division (F) of section 3111.13, 5,577
division (B) of section 3113.04, section 3113.21, section 5,578
3113.211, section 3113.212, division (K) of section 3113.31, or 5,579
division (D) of section 3115.22 of the Revised Code, it shall 5,580
137
issue the most appropriate notices under division (D) of this 5,581
section. Additionally, it shall do all of the following: 5,582
(a) If the obligor is subject to a withholding notice 5,584
issued under division (D)(1) of this section and the notice 5,585
relates to the obligor's change of employment, send a withholding 5,586
notice under that division to the new employer of the obligor as 5,587
soon as the agency obtains knowledge of that employer; 5,588
(b) If the notification received by the agency specifies 5,590
that a lump-sum payment of five hundred dollars or more is to be 5,591
paid to the obligor, notify the court of the receipt of the 5,592
notice and its contents; 5,593
(c) Comply with section 3113.212 of the Revised Code, as 5,595
appropriate. 5,596
(H)(1)(a) For purposes of division (D)(1) of this section, 5,598
when a person who fails to comply with a support order that is 5,599
subject to that division derives income from self-employment or 5,600
commission, is employed by an employer not subject to the 5,601
jurisdiction of the court, or is in any other employment 5,602
situation that makes the application of that division 5,603
impracticable, the court may require the person to enter into a 5,604
cash bond to the court in a sum fixed by the court at not less 5,605
than five hundred nor more than ten thousand dollars, conditioned 5,606
that the person will make payment as previously ordered. 5,607
(b) When a court determines at a hearing conducted under 5,609
division (B) of this section, or a child support enforcement 5,610
agency determines at a hearing or pursuant to an investigation 5,611
conducted under division (B) of this section, that the obligor 5,612
under the order in relation to which the hearing or investigation 5,613
is conducted is unemployed and has no other source of income and 5,614
no assets so that the application of divisions (B) and (D) of 5,615
this section would be impracticable, the court shall issue an 5,616
order as described in division (D)(7) of this section and shall 5,617
order the obligor to notify the child support enforcement agency 5,618
in writing immediately upon commencement of employment, including 5,620
138
self-employment, of the receipt of workers' compensation 5,621
payments, of the receipt of any other source of income, or of the 5,622
opening of an account in a financial institution, and to include 5,623
in the notification a description of the nature of the 5,624
employment, the name and business address of the employer, and 5,625
any other information reasonably required by the court. 5,626
(2) When a court determines, at a hearing conducted under 5,628
division (C)(2) of this section, that an obligor is unemployed, 5,629
is not receiving workers' compensation payments, does not have an 5,630
account in a financial institution, and has no other source of 5,631
income and no assets so that the application of divisions (C)(2) 5,632
and (D) of this section would be impracticable, the court shall 5,633
issue an order as described in division (D)(7) of this section 5,634
and shall order the obligor to notify the child support 5,635
enforcement agency, in writing, immediately upon commencement of 5,637
employment, including self-employment, of the receipt of workers' 5,638
compensation payments, of the receipt of any other source of 5,639
income, or of the opening of an account in a financial
institution, and to include in the notification a description of 5,640
the nature of the employment, the name and business address of 5,641
the employer or the name and address of the financial 5,642
institution, and any other information reasonably required by the 5,643
court. 5,644
(3)(a) Upon receipt of a notice from a child support 5,646
enforcement agency under division (G)(6) of this section that a 5,647
lump-sum payment of five hundred dollars or more is to be paid to 5,648
the obligor, the court shall do either of the following: 5,649
(i) If the obligor is in default under the support order 5,651
or has any unpaid arrearages under the support order, issue an 5,652
order requiring the transmittal of the lump-sum payment to the 5,653
child support enforcement agency. 5,654
(ii) If the obligor is not in default under the support 5,656
order and does not have any unpaid arrearages under the support 5,657
order, issue an order directing the person who gave the notice to 5,658
139
the court to immediately pay the full amount of the lump-sum 5,659
payment to the obligor. 5,660
(b) Upon receipt of any moneys pursuant to division 5,662
(H)(3)(a) of this section, a child support enforcement agency 5,663
shall pay the amount of the lump-sum payment that is necessary to 5,664
discharge all of the obligor's arrearages to the obligee and, 5,665
within two business days after its receipt of the money, any 5,666
amount that is remaining after the payment of the arrearages to 5,667
the obligor. 5,668
(c) Any court that issued an order prior to December 1, 5,670
1986, requiring an employer to withhold an amount from an 5,671
obligor's personal earnings for the payment of support shall 5,672
issue a supplemental order that does not change the original 5,673
order or the related support order requiring the employer to do 5,674
all of the following: 5,675
(i) No later than the earlier of forty-five days before a 5,677
lump-sum payment is to be made or, if the obligor's right to a 5,678
lump-sum payment is determined less than forty-five days before 5,679
it is to be made, the date on which that determination is made, 5,680
notify the child support enforcement agency of any lump-sum 5,681
payment of any kind of five hundred dollars or more that is to be 5,682
paid to the obligor; 5,683
(ii) Hold the lump-sum payment for thirty days after the 5,685
date on which it would otherwise be paid to the obligor, if the 5,686
lump-sum payment is sick pay, a lump-sum payment of retirement 5,687
benefits or contributions, or profit-sharing payments or 5,688
distributions; 5,689
(iii) Upon order of the court, pay any specified amount of 5,691
the lump-sum payment to the child support enforcement agency. 5,692
(d) If an employer knowingly fails to notify the child 5,694
support enforcement agency in accordance with division (D) of 5,695
this section of any lump-sum payment to be made to an obligor, 5,696
the employer is liable for any support payment not made to the 5,697
obligee as a result of its knowing failure to give the notice as 5,698
140
required by that division. 5,699
(I)(1) Any support order, or modification of a support 5,701
order, that is subject to this section shall contain the date of 5,702
birth and social security number of the obligor. 5,703
(2) No withholding or deduction notice described in 5,705
division (D) or court order described in division (D)(6) or (7) 5,706
of this section shall contain any information other than the 5,707
information specifically required by division (A), (B), (C), or 5,708
(D) of this section or by any other section of the Revised Code 5,709
and any additional information that the issuing court determines 5,710
may be necessary to comply with the notice. 5,711
(J) No withholding or deduction notice described in 5,713
division (D) or court order described in division (D)(6) or (7) 5,714
of this section and issued under division (A), (B), or (C) of 5,715
this section or any other section of the Revised Code shall be 5,716
terminated solely because the obligor pays any part or all of the 5,718
arrearages under the support order.
(K)(1) Except as provided in division (K)(2) of this 5,720
section and section 2301.42 of the Revised Code and the rules 5,721
adopted pursuant to division (C) of that section, if child 5,722
support arrearages are owed by an obligor to the obligee and to 5,723
the department of human services, any payments received on the 5,724
arrearages by the child support enforcement agency first shall be 5,725
paid to the obligee until the arrearages owed to the obligee are
paid in full. 5,726
(2) Division (K)(1) of this section does not apply to the 5,728
collection of past-due child support from refunds of paid federal 5,729
taxes pursuant to section 5101.32 of the Revised Code or of 5,730
overdue child support from refunds of paid state income taxes 5,731
pursuant to sections 5101.321 and 5747.121 of the Revised Code. 5,732
(L)(1) Each court with jurisdiction to issue support 5,734
orders shall establish rules of court to ensure that the 5,735
following percentage of all actions to establish a support 5,736
requirement or to modify a previously issued support order be 5,737
141
completed within the following time limits: 5,738
(a) Ninety per cent of all of the actions shall be 5,740
completed within three months after they were initially filed; 5,741
(b) Ninety-eight per cent of all of the actions shall be 5,743
completed within six months after they were initially filed; 5,744
(c) One hundred per cent of all of the actions shall be 5,746
completed within twelve months after they were initially filed. 5,747
(2) If a case involves complex legal issues requiring full 5,749
judicial review, the court shall issue a temporary support order 5,750
within the time limits set forth in division (L)(1) of this 5,751
section, which temporary order shall be in effect until a final 5,752
support order is issued in the case. All cases in which the 5,753
imposition of a notice or order under division (D) of this 5,754
section is contested shall be completed within the period of time 5,755
specified by law for completion of the case. The failure of a 5,756
court to complete a case within the required period does not 5,757
affect the ability of any court to issue any order under this 5,758
section or any other section of the Revised Code for the payment 5,759
of support, does not provide any defense to any order for the 5,760
payment of support that is issued under this section or any other 5,761
section of the Revised Code, and does not affect any obligation 5,762
to pay support. 5,763
(3)(a) In any Title IV-D case, the judge, when necessary 5,765
to satisfy the federal requirement of expedited process for 5,766
obtaining and enforcing support orders, shall appoint referees to 5,767
make findings of fact and recommendations for the judge's 5,768
approval in the case. All referees appointed pursuant to this 5,769
division shall be attorneys admitted to the practice of law in 5,770
this state. If the court appoints a referee pursuant to this 5,771
division, the court may appoint any additional administrative and 5,772
support personnel for the referee. 5,773
(b) Any referee appointed pursuant to division (L)(3)(a) 5,775
of this section may perform any of the following functions: 5,776
(i) The taking of testimony and keeping of a record in the 5,778
142
case; 5,779
(ii) The evaluation of evidence and the issuance of 5,781
recommendations to establish, modify, and enforce support orders; 5,782
(iii) The acceptance of voluntary acknowledgments of 5,784
support liability and stipulated agreements setting the amount of 5,785
support to be paid; 5,786
(iv) The entering of default orders if the obligor does 5,788
not respond to notices in the case within a reasonable time after 5,789
the notices are issued; 5,790
(v) Any other functions considered necessary by the court. 5,792
(4) The child support enforcement agency may conduct 5,794
administrative reviews of support orders to obtain voluntary 5,795
notices or court orders under division (D) of this section and to 5,796
correct any errors in the amount of any arrearages owed by an 5,797
obligor. The obligor and the obligee shall be notified of the 5,798
time, date, and location of the administrative review at least 5,799
fourteen days before it is held. 5,800
(M)(1) The termination of a support obligation or a 5,802
support order does not abate the power of any court to collect 5,803
overdue and unpaid support or to punish any person for a failure 5,804
to comply with an order of the court or to pay any support as 5,805
ordered in the terminated support order and does not abate the 5,806
authority of a child support enforcement agency to issue, in 5,807
accordance with this section, any notice described in division 5,808
(D) of this section or of a court to issue, in accordance with 5,809
this section, any court order as described in division (D)(6) or 5,810
(7) of this section, to collect any support due or arrearage 5,811
under the support order. 5,812
(2) Any court that has the authority to issue a support 5,814
order shall have all powers necessary to enforce that support 5,815
order, and all other powers, set forth in this section. 5,816
(3) Except as provided in division (M)(4) of this section, 5,818
a court may not retroactively modify an obligor's duty to pay a 5,819
delinquent support payment. 5,820
143
(4) A court with jurisdiction over a support order may 5,822
modify an obligor's duty to pay a support payment that becomes 5,823
due after notice of a petition to modify the support order has 5,824
been given to each obligee and to the obligor before a final 5,825
order concerning the petition for modification is entered. 5,826
(N) If an obligor is in default under a support order and 5,828
has a claim against another person of more than one thousand 5,829
dollars, the obligor shall notify the child support enforcement 5,830
agency of the claim, the nature of the claim, and the name of the 5,831
person against whom the claim exists. If an obligor is in 5,832
default under a support order and has a claim against another 5,833
person or is a party in an action for any judgment, the child 5,834
support enforcement agency or the agency's attorney, on behalf of 5,835
the obligor, immediately shall file with the court in which the 5,836
action is pending a motion to intervene in the action or a 5,837
creditor's bill. The motion to intervene shall be prepared and 5,838
filed pursuant to Civil Rules 5 and 24(A) and (C). 5,839
Nothing in this division shall preclude an obligee from 5,841
filing a motion to intervene in any action or a creditor's bill. 5,842
(O) If an obligor is receiving unemployment compensation 5,844
benefits, an amount may be deducted from those benefits for 5,845
purposes of child support, in accordance with section 2301.371 5,846
and division (D)(4) of section 4141.28 of the Revised Code. Any 5,847
deduction from a source in accordance with those provisions is in 5,848
addition to, and does not preclude, any withholding or deduction 5,849
for purposes of support under divisions (A) to (N) of this 5,850
section. 5,851
(P) As used in this section, and in sections 3113.211 to 5,853
3113.217 of the Revised Code: 5,854
(1) "Financial institution" means a bank, savings and loan 5,856
association, or credit union, or a regulated investment company 5,857
or mutual fund in which a person who is required to pay child 5,858
support has funds on deposit that are not exempt under the law of 5,859
this state or the United States from execution, attachment, or 5,860
144
other legal process. 5,861
(2) "Title IV-D case" means any case in which the child 5,863
support enforcement agency is enforcing the child support order 5,864
pursuant to Title IV-D of the "Social Security Act," 88 Stat. 5,865
2351 (1975), 42 U.S.C. 651, as amended. 5,866
(3) "Child support enforcement agency" means the child 5,868
support enforcement agency designated pursuant to section 2301.35 5,869
of the Revised Code. 5,870
(4) "Obligor" means the person who is required to pay 5,872
support under a support order. 5,873
(5) "Obligee" means the person who is entitled to receive 5,875
the support payments under a support order. 5,876
(6) "Support order" means an order for the payment of 5,878
support and, for orders issued or modified on or after December 5,879
31, 1993, includes any notices described in division (D) or (H) 5,880
of this section that are issued in accordance with this section. 5,881
(7) "Support" means child support, spousal support, and 5,883
support for a spouse or former spouse. 5,884
(8) "Personal earnings" means compensation paid or payable 5,886
for personal services, however denominated, and includes, but is 5,887
not limited to, wages, salary, commissions, bonuses, draws 5,888
against commissions, profit sharing, and vacation pay. 5,889
(9) "Default" has the same meaning as in section 2301.34 5,891
of the Revised Code. 5,892
Section 2. That existing sections 124.10, 1901.19, 5,894
2329.66, 2329.70, 2333.21, 2716.01, 2716.02, 2716.03, 2716.04, 5,895
2716.05, 2716.06, 2716.11, 2716.13, 2716.21, 3111.23, and 3113.21 5,896
of the Revised Code are hereby repealed.
Section 3. Sections 2716.02 and 2716.03 of the Revised 5,898
Code are presented in this act as a composite of those sections 5,899
as amended by both Am. H.B. 193 and Am. Sub. S.B. 150 of the 5,900
121st General Assembly, with the new language of neither of the 5,901
acts shown in capital letters. Section 3113.21 of the Revised 5,902
Code is presented in this act as a composite of the section as 5,903
145
amended by both Sub. H.B. 274 and Am. Sub. S.B. 292 of the 121st 5,904
General Assembly, with the new language of neither of the acts 5,905
shown in capital letters. This is in recognition of the 5,906
principle stated in division (B) of section 1.52 of the Revised 5,907
Code that such amendments are to be harmonized where not
substantively irreconcilable and constitutes a legislative 5,908
finding that such is the resulting version in effect prior to the 5,910
effective date of this act.