As Passed by the Senate 1
122nd General Assembly 4
Regular Session Sub. S. B. No. 170 5
1997-1998 6
SENATORS CUPP-OELSLAGER-LATTA-BLESSING-GAETH 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
2
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 and to enforce protection orders issued by courts of another 110
state, as defined in section 2919.27 of the Revised Code. 111
(B) Subject to the limitation set forth in this division, 113
a municipal court or a housing or environmental division of a 114
municipal court has jurisdiction outside its territory in a 115
proceeding in aid of execution to subject to the payment of the 116
judgment the interest in personal property of a judgment debtor 117
under a judgment rendered by the court or division. The 118
jurisdiction provided in this division includes the county or 119
counties in which the territory of the court or division in 120
question is situated and any county that is contiguous to that in 121
which the court or division is located. A court or division that 122
has jurisdiction under this division outside its territory in a 123
proceeding in aid of execution has the same powers, duties, and 124
functions relative to the proceeding that it has relative to 125
proceedings in aid of execution over which it has jurisdiction 126
other than under this division. 127
(C)(1) In any action for PROCEEDING IN garnishment of 129
personal earnings brought in a municipal court, the court has 131
jurisdiction to serve process pursuant to section 2716.05 of the 132
Revised Code upon a garnishee who resides in a county contiguous 133
to that in which DOES NOT RESIDE WITHIN THE TERRITORY OF the 134
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court is located. 135
(2) In any action for PROCEEDING IN garnishment of 137
property, other than personal earnings, brought in a municipal 139
court under section 2716.11 of the Revised Code, the court has 140
jurisdiction to serve process pursuant to section 2716.13 of the 141
Revised Code upon a garnishee who resides in a county contiguous 142
to that in which DOES NOT RESIDE WITHIN THE TERRITORY OF the 143
court is located. 144
(3) Whenever a motion for attachment is filed in a 146
municipal court under section 2715.03 of the Revised Code, the 147
court has jurisdiction to serve process pursuant to section 148
2715.091 of the Revised Code upon a garnishee who resides in a 149
county contiguous to that in which the court is located. 150
(D) The municipal court of Cleveland also has jurisdiction 152
in all actions and proceedings in the nature of creditors' bills, 153
and in aid of execution to subject the interests of a judgment 154
debtor in real or personal property to the payment of a judgment 155
of the court. In such THOSE actions and proceedings, the court 156
may proceed to marshal and foreclose all liens on the property 158
irrespective of the amount of the lien, and all vested or 159
contingent rights in the property. 160
Sec. 2329.66. (A) Every person who is domiciled in this 169
state may hold property exempt from execution, garnishment, 170
attachment, or sale to satisfy a judgment or order, as follows: 171
(1)(a) In the case of a judgment or order regarding money 173
owed for health care services rendered or health care supplies 174
provided to the person or a dependent of the person, one parcel 175
or item of real or personal property that the person or a 176
dependent of the person uses as a residence. Division (A)(1)(a) 177
of this section does not preclude, affect, or invalidate the 178
creation under this chapter of a judgment lien upon the exempted 179
property but only delays the enforcement of the lien until the 180
property is sold or otherwise transferred by the owner or in 181
accordance with other applicable laws to a person or entity other 182
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than the surviving spouse or surviving minor children of the 183
judgment debtor. Every person who is domiciled in this state may 184
hold exempt from a judgment lien created pursuant to division 185
(A)(1)(a) of this section the person's interest, not to exceed 186
five thousand dollars, in the exempted property. 187
(b) In the case of all other judgments and orders, the 189
person's interest, not to exceed five thousand dollars, in one 190
parcel or item of real or personal property that the person or a 191
dependent of the person uses as a residence. 192
(2) The person's interest, not to exceed one thousand 194
dollars, in one motor vehicle; 195
(3) The person's interest, not to exceed two hundred 197
dollars in any particular item, in wearing apparel, beds, and 198
bedding, and the person's interest, not to exceed three hundred 199
dollars in each item, in one cooking unit and one refrigerator or 200
other food preservation unit; 201
(4)(a) The person's interest, not to exceed four hundred 203
dollars, in cash on hand, money due and payable, money to become 204
due within ninety days, tax refunds, and money on deposit with a 205
bank, savings and loan association, credit union, public utility, 206
landlord, or other person. Division (A)(4)(a) of this section 207
applies only in bankruptcy proceedings. This exemption may 208
include the portion of personal earnings that is not exempt under 209
division (A)(13) of this section. 210
(b) Subject to division (A)(4)(d) of this section, the 212
person's interest, not to exceed two hundred dollars in any 213
particular item, in household furnishings, household goods, 214
appliances, books, animals, crops, musical instruments, firearms, 215
and hunting and fishing equipment, that are held primarily for 216
the personal, family, or household use of the person.; 217
(c) Subject to division (A)(4)(d) of this section, the 219
person's interest in one or more items of jewelry, not to exceed 220
four hundred dollars in one item of jewelry and not to exceed two 221
hundred dollars in every other item of jewelry.; 222
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(d) Divisions (A)(4)(b) and (c) of this section do not 224
include items of personal property listed in division (A)(3) of 225
this section. 226
If the person does not claim an exemption under division 228
(A)(1) of this section, the total exemption claimed under 229
division (A)(4)(b) of this section shall be added to the total 230
exemption claimed under division (A)(4)(c) of this section, and 231
the total shall not exceed two thousand dollars. If the person 232
claims an exemption under division (A)(1) of this section, the 233
total exemption claimed under division (A)(4)(b) of this section 234
shall be added to the total exemption claimed under division 235
(A)(4)(c) of this section, and the total shall not exceed one 236
thousand five hundred dollars. 237
(5) The person's interest, not to exceed an aggregate of 239
seven hundred fifty dollars, in all implements, professional 240
books, or tools of the person's profession, trade, or business, 241
including agriculture; 243
(6)(a) The person's interest in a beneficiary fund set 245
apart, appropriated, or paid by a benevolent association or 246
society, as exempted by section 2329.63 of the Revised Code; 247
(b) The person's interest in contracts of life or 249
endowment insurance or annuities, as exempted by section 3911.10 250
of the Revised Code; 251
(c) The person's interest in a policy of group insurance 253
or the proceeds of a policy of group insurance, as exempted by 254
section 3917.05 of the Revised Code; 255
(d) The person's interest in money, benefits, charity, 257
relief, or aid to be paid, provided, or rendered by a fraternal 258
benefit society, as exempted by section 3921.18 of the Revised 259
Code; 260
(e) The person's interest in the portion of benefits under 262
policies of sickness and accident insurance and in lump-sum 263
payments for dismemberment and other losses insured under those 264
policies, as exempted by section 3923.19 of the Revised Code. 265
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(7) The person's professionally prescribed or medically 267
necessary health aids; 268
(8) The person's interest in a burial lot, including, but 270
not limited to, exemptions under section 517.09 or 1721.07 of the 271
Revised Code; 272
(9) The person's interest in the following: 274
(a) Moneys paid or payable for living maintenance or 276
rights, as exempted by section 3304.19 of the Revised Code; 277
(b) Workers' compensation, as exempted by section 4123.67 280
of the Revised Code; 281
(c) Unemployment compensation benefits, as exempted by 283
section 4141.32 of the Revised Code; 284
(d) Cash assistance payments under the Ohio works first 287
program, as exempted by section 5107.75 of the Revised Code; 290
(e) Disability assistance payments, as exempted by section 292
5115.07 of the Revised Code. 293
(10)(a) Except in cases in which the person was convicted 295
of or pleaded guilty to a violation of section 2921.41 of the 296
Revised Code and in which an order for the withholding of 297
restitution from payments was issued under division (C)(2)(b) of 298
that section or in cases in which an order for withholding was 299
issued under section 2907.15 of the Revised Code, and only to the 300
extent provided in the order, and except as provided in sections 304
2929.181, 3105.171, 3105.63, 3111.23, and 3113.21 of the Revised 305
Code, the person's right to a pension, benefit, annuity, 306
retirement allowance, or accumulated contributions, the person's 307
right to a participant account in any deferred compensation 308
program offered by the Ohio public employees deferred 309
compensation board, a government unit, or a municipal 310
corporation, or the person's other accrued or accruing rights, as 311
exempted by section 145.56, 145.75, 146.13, 742.47, 3307.71, 312
3309.66, or 5505.22 of the Revised Code, and the person's right 313
to benefits from the firemen and policemen's death benefit fund; 314
(b) Except as provided in sections 3111.23 and 3113.21 of 317
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the Revised Code, the person's right to receive a payment under 318
any pension, annuity, or similar plan or contract, not including 319
a payment from a stock bonus or profit-sharing plan or a payment 320
included in division (A)(6)(b) or (10)(a) of this section, on 321
account of illness, disability, death, age, or length of service, 322
to the extent reasonably necessary for the support of the person 323
and any of the person's dependents, except if all the following 324
apply: 325
(i) The plan or contract was established by or under the 327
auspices of an insider that employed the person at the time the 328
person's rights under the plan or contract arose. 329
(ii) The payment is on account of age or length of 331
service. 332
(iii) The plan or contract is not qualified under the 334
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C. 1, as 335
amended. 336
(c) Except for any portion of the assets that were 338
deposited for the purpose of evading the payment of any debt and 339
except as provided in sections 3111.23 and 3113.21 of the Revised 341
Code, the person's right in the assets held in, or to receive any 342
payment under, any individual retirement account, individual 343
retirement annuity, or Keogh or "H.R. 10" plan that provides 344
benefits by reason of illness, disability, death, or age, to the 345
extent reasonably necessary for the support of the person and any 346
of the person's dependents. 347
(11) The person's right to receive spousal support, child 349
support, an allowance, or other maintenance to the extent 350
reasonably necessary for the support of the person and any of the 351
person's dependents; 353
(12) The person's right to receive, or moneys received 355
during the preceding twelve calendar months from, any of the 356
following: 357
(a) An award of reparations under sections 2743.51 to 359
2743.72 of the Revised Code, to the extent exempted by division 360
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(D) of section 2743.66 of the Revised Code; 361
(b) A payment on account of the wrongful death of an 363
individual of whom the person was a dependent on the date of the 364
individual's death, to the extent reasonably necessary for the 365
support of the person and any of the person's dependents; 366
(c) Except in cases in which the person who receives the 368
payment is an inmate, as defined in section 2969.21 of the 369
Revised Code, and in which the payment resulted from a civil 370
action or appeal against a government entity or employee, as 371
defined in section 2969.21 of the Revised Code, a payment, not to
exceed five thousand dollars, on account of personal bodily 373
injury, not including pain and suffering or compensation for 374
actual pecuniary loss, of the person or an individual for whom 375
the person is a dependent;
(d) A payment in compensation for loss of future earnings 377
of the person or an individual of whom the person is or was a 378
dependent, to the extent reasonably necessary for the support of 379
the debtor and any of the debtor's dependents. 380
(13) Except as provided in sections 3111.23 and 3113.21 of 383
the Revised Code, personal earnings of the person owed to the
person for services rendered within thirty days before the 385
issuing of an attachment or other process, the rendition of a 386
judgment, or the making of an order, under which the attempt may 387
be made to subject those earnings to the payment of a debt, 388
damage, fine, or amercement, in an amount equal to the greater of 389
the following amounts:
(a) If paid weekly, thirty times the current federal 391
minimum hourly wage; if paid biweekly, sixty times the current 392
federal minimum hourly wage; if paid semimonthly, sixty-five 393
times the current federal minimum hourly wage; or if paid 394
monthly, one hundred thirty times the current federal minimum 395
hourly wage that is in effect at the time the earnings are 396
payable, as prescribed by the "Fair Labor Standards Act of 1938," 397
52 Stat. 1060, 29 U.S.C. 206(a)(1), as amended; 398
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(b) Seventy-five per cent of the disposable earnings owed 400
to the person. 401
(14) The person's right in specific partnership property, 403
as exempted by division (B)(3) of section 1775.24 of the Revised 404
Code; 405
(15) A seal and official register of a notary public, as 407
exempted by section 147.04 of the Revised Code; 408
(16) The person's interest in a tuition credit or a 410
payment under section 3334.09 of the Revised Code pursuant to a 411
tuition credit contract, as exempted by section 3334.15 of the 412
Revised Code;
(17) Any other property that is specifically exempted from 414
execution, attachment, garnishment, or sale by federal statutes 415
other than the "Bankruptcy Reform Act of 1978," 92 Stat. 2549, 11 416
U.S.C.A. 101, as amended; 417
(18) The person's interest, not to exceed four hundred 419
dollars, in any property, except that division (A)(18) of this 420
section applies only in bankruptcy proceedings. 421
(B) As used in this section: 423
(1) "Disposable earnings" means net earnings after the 425
garnishee has made deductions required by law, excluding the 426
deductions ordered pursuant to section 3111.23 or 3113.21 of the 428
Revised Code. 429
(2) "Insider" means: 431
(a) If the person who claims an exemption is an 433
individual, a relative of the individual, a relative of a general 434
partner of the individual, a partnership in which the individual 435
is a general partner, a general partner of the individual, or a 436
corporation of which the individual is a director, officer, or in 437
control; 438
(b) If the person who claims an exemption is a 440
corporation, a director or officer of the corporation; a person 441
in control of the corporation; a partnership in which the 442
corporation is a general partner; a general partner of the 443
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corporation; or a relative of a general partner, director, 444
officer, or person in control of the corporation; 445
(c) If the person who claims an exemption is a 447
partnership, a general partner in the partnership; a general 448
partner of the partnership; a person in control of the 449
partnership; a partnership in which the partnership is a general 450
partner; or a relative in, a general partner of, or a person in 451
control of the partnership; 452
(d) An entity or person to which or whom any of the 454
following applies: 455
(i) The entity directly or indirectly owns, controls, or 457
holds with power to vote, twenty per cent or more of the 458
outstanding voting securities of the person who claims an 459
exemption, unless the entity holds the securities in a fiduciary 460
or agency capacity without sole discretionary power to vote the 461
securities or holds the securities solely to secure to debt and 462
the entity has not in fact exercised the power to vote. 463
(ii) The entity is a corporation, twenty per cent or more 465
of whose outstanding voting securities are directly or indirectly 466
owned, controlled, or held with power to vote, by the person who 467
claims an exemption or by an entity to which division 468
(B)(2)(d)(i) of this section applies. 469
(iii) A person whose business is operated under a lease or 471
operating agreement by the person who claims an exemption, or a 472
person substantially all of whose business is operated under an 473
operating agreement with the person who claims an exemption. 474
(iv) The entity operates the business or all or 476
substantially all of the property of the person who claims an 477
exemption under a lease or operating agreement. 478
(e) An insider, as otherwise defined in this section, of a 480
person or entity to which division (B)(2)(d)(i), (ii), (iii), or 481
(iv) of this section applies, as if the person or entity were a 482
person who claims an exemption; 483
(f) A managing agent of the person who claims an 485
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exemption. 486
(3) "Participant account" has the same meaning as in 488
section 145.71 of the Revised Code. 489
(4) "Government unit" has the same meaning as in section 491
145.74 of the Revised Code. 492
(C) For purposes of this section, "interest" shall be 494
determined as follows: 495
(1) In bankruptcy proceedings, as of the date a petition 497
is filed with the bankruptcy court commencing a case under Title 498
11 of the United States Code; 499
(2) In all cases other than bankruptcy proceedings, as of 501
the date of an appraisal, if necessary under section 2329.68 of 502
the Revised Code, or the issuance of a writ of execution. 503
An interest, as determined under division (C)(1) or (2) of 505
this section, shall not include the amount of any lien otherwise 506
valid pursuant to section 2329.661 of the Revised Code. 507
Sec. 2329.70. Any person upon whom a demand has been made 516
in accordance with section 2716.02 of the Revised Code may apply 517
to any judge of a county court or judge of a municipal court 518
within this state, in whose jurisdiction he THE PERSON resides, 520
or, if he THE PERSON is not a resident of Ohio THIS STATE, in 521
whose jurisdiction his THE PERSON'S place of employment is 524
located, for the appointment of a trustee to receive that portion 525
of the personal earnings of the debtor that is not exempt from 526
execution, GARNISHMENT, attachment, or proceedings in aid of 527
execution, and such ANY additional sums as THAT the debtor 528
voluntarily pays or assigns to the trustee. Such THE person 529
shall file with his THE PERSON'S application a full, accurate, 531
and complete statement, under oath, of the names of his THE 532
PERSON'S secured and unsecured creditors with liquidated claims, 534
their addresses, and THE amount due to each OF THEM. Upon such 535
THAT application and filing, such THE judge shall appoint a 536
trustee to distribute such THE funds to the creditors of the 537
debtor at the time of the application and filing. 538
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If a debtor fails, through mistake or otherwise, to list a 540
creditor, that creditor or debtor may apply to the court, with 541
notice to the other party, to list such creditors THE OMITTED 542
CREDITOR in the trusteeship. Any person who becomes a creditor 544
after the appointment of a trustee, may be listed in such THE 545
trusteeship, and such THAT creditor shall share in any 546
distribution made by the trustee after the next ensuing 548
distribution.
No proceedings in GARNISHMENT, attachment, in OR aid of 551
execution, or other action OR PROCEEDING to subject the personal 552
earnings of the debtor to the payment of claims shall be brought 553
or maintained by any creditor so AS long as at least the amount 554
of the personal earnings of such THE debtor THAT IS not exempt 555
from execution, GARNISHMENT, attachment, or proceedings in aid of 557
execution are IS paid to the trustee at regular intervals as 558
fixed by the county court JUDGE or the municipal court judge. 559
This section does not prohibit creditors from recovering judgment 560
against such THE debtor or prohibit levy, under a writ of 561
attachment or execution, upon any other property which THAT is 563
not exempt from execution. 565
The maintaining of a proceedings in GARNISHMENT, 567
attachment, in aid of execution, or otherwise in violation of 568
this section shall be void IS PROHIBITED and may be prevented by 569
A writ of prohibition in addition to all other remedies provided 570
by law. Such THE judge OF THE COUNTY COURT OR MUNICIPAL COURT 572
shall provide by rule or otherwise for notice to creditors, the 573
authentication and proof of claims, and THE time and manner of 574
payment of BY the debtor, the distribution of funds, the bond of 577
the trustee if required, and for all other matters necessary or 578
proper to carry into effect the jurisdiction conferred by this 579
section.
The personal earnings of the debtor THAT ARE exempted by 581
law shall not be liable to the plaintiff for the costs of any 582
proceedings brought to recover a judgment for debt, damage, fine, 583
14
or amercement, nor OR for THE COSTS OF any proceedings in 584
GARNISHMENT, attachment, or aid of execution to satisfy such THAT 586
judgment, provided such IF THE debtor has listed said THAT 587
creditor as to name, amount of THAT CREDITOR'S claim, and the 588
amount due as provided in section 2716.02 of the Revised Code, ON 589
THAT CLAIM and makes payment as provided for in this section. 590
Upon such AN application for a trustee, the A judge in OF 593
the court in which such THE application is made shall designate 594
the clerk of such THE court to act as trustee, and the clerk 595
shall serve AS TRUSTEE without additional compensation and his. 596
THE CLERK'S official bond shall be construed as conditioned upon 599
the fulfillment of the trust, and no additional bond shall be 600
required.
The trusteeship shall terminate upon the failure of the 602
debtor to make the payments required by this section and in 603
accordance with the rules established by the county court or 604
municipal judge, and all COURT. THE privileges in CONFERRED BY 606
this section THAT exempt THAT DEBTOR'S PERSONAL EARNINGS from 607
PROCEEDINGS IN GARNISHMENT, attachment, garnishment, proceedings 608
in OR aid of execution, or any other action OR PROCEEDING to 609
subject THE personal earnings of such THAT debtor to THE payment 610
of claims or judgments shall terminate upon such THAT neglect. 611
If a trusteeship is dismissed for nonpayment, as provided 613
by this section, the trusteeship shall not be reinstated, and the 614
debtor shall not be permitted to file FOR a new trusteeship for a 615
period of six months from date of THE dismissal of the 616
trusteeship, unless, upon motion supported by affidavit, he THE 617
DEBTOR proves to the satisfaction of the court that THE failure 620
to maintain the trusteeship agreement was not due to willful 621
neglect.
Sec. 2333.21. The judge may order any property of the 630
judgment debtor, THAT IS not exempt by law, to be applied toward 632
the satisfaction of the judgment, but the earnings of the
JUDGMENT debtor for his personal services, within thirty days 633
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next preceding the order, shall be applied only in accordance 634
with sections 2329.66 and 2329.70, and Chapter 2716. of the 636
Revised Code.
Sec. 2716.01. (A) A person who obtains a judgment against 645
another person may garnish the personal earnings of the person 646
against whom judgment was obtained, only through a proceeding in 647
garnishment of personal earnings, and only in accordance with 648
this chapter. 649
(B) A person who obtains a judgment against another person 651
may garnish the property, other than personal earnings, of the 652
person against whom judgment was obtained, if the property is in 653
the possession of a person other than the person against whom 654
judgment was obtained, only through a proceeding in garnishment 655
and only in accordance with this chapter. 656
(C) As used in this chapter: 658
(1) "Employer" means a person who is required to withhold 660
taxes out of payments of personal earnings made to a judgment 661
debtor. 662
(2) "Personal earnings" means money, or any other 664
consideration or thing of value, that is paid or due to a person 665
in exchange for work, labor, or personal services provided by the 666
person to an employer. 667
(3) "Judgment creditor" means a person who has obtained a 669
judgment in a civil action against another person. 670
(4) "Judgment debtor" means a person against whom a 672
judgment has been obtained in a civil action. 673
(5) "SUPPORT ORDER" HAS THE SAME MEANING AS IN SECTION 675
3113.21 OF THE REVISED CODE. 676
Sec. 2716.02. Any person seeking an order of garnishment 685
of personal earnings, after obtaining a judgment, shall make the 686
following demand in writing for the excess of the amount of the 687
judgment over the amount of personal earnings exempt from 688
execution, GARNISHMENT, attachment, or sale to satisfy a judgment 689
or order, or FOR so much of the excess as will satisfy the 691
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judgment. The demand shall be made after THE judgment is 692
obtained and at least fifteen days and not more than forty-five 693
days before the order is sought by delivering it to the judgment 694
debtor by personal service by the court, by sending it to the 695
judgment debtor by certified mail, return receipt requested, or 696
by sending it to the judgment debtor by regular mail, which shall 697
be evidenced by a properly completed and stamped certificate of 698
mailing by regular mail, addressed to the judgment debtor's last 699
known place of residence.
The demand shall be made as follows: 701
"NOTICE OF COURT PROCEEDING TO COLLECT DEBT 703
Date of mailing or date of service by the court ................. 705
To: ..................................................... 707
(Name of Judgment Debtor) 708
......................................................... 709
(Last Known Residence Address of Judgment Debtor) 710
You owe the undersigned ................................. 711
(Name of Judgment Creditor) 712
$................., including interest and court costs, for which 715
a judgment was obtained against you or certified in the
.................. court on ........................., payment of 717
which is hereby demanded.
If you do not do one of the three things listed below 719
within fifteen days of the date of the mailing of this notice or 720
of its service by the court, we will go to court, unless we are 721
otherwise precluded by law from doing so, and ask that your 722
employer be ordered to withhold money from your earnings UNTIL 723
THE JUDGMENT IS PAID IN FULL OR, IF APPLICABLE, IS PAID TO A 724
CERTAIN EXTENT and TO pay it THE WITHHELD MONEY to the court to 725
satisfy IN SATISFACTION OF your debt. This is called garnishment 726
of personal earnings. 727
It is to your advantage to avoid garnishment of personal 729
earnings because the placing of the extra burden on your employer 730
possibly could cause you to lose your job. 731
17
YOU CAN AVOID THE GARNISHMENT BY DOING ONE OF THESE THREE 733
THINGS WITHIN THE FIFTEEN-DAY PERIOD: 734
(1) Pay to us the amount due; 736
(2) Complete the attached form entitled "Payment to Avoid 738
Garnishment" and return it to us with the payment, if any, shown 739
due on it; or 740
(3) Apply to your local municipal or county court or, if 742
you are not a resident of Ohio, to the municipal or county court 743
in whose jurisdiction your place of employment is located, for 744
the appointment of a trustee to receive the part of your earnings 745
that is not exempt from garnishment, and notify us that you have 746
applied for the appointment of a trustee. You will be required 747
to list your creditors, THE AMOUNTS OF THEIR CLAIMS, AND THE 748
AMOUNTS DUE ON THEIR CLAIMS, and the amount you will then WILL 749
pay to your trustee each payday will be divided among them until 751
the debts are paid off. This can be to your advantage because in 752
the meantime none of those creditors can garnish your wages. 753
You also may contact a budget and debt counseling service 756
described in division (D) of section 2716.03 of the Revised Code
for the purpose of entering into an agreement for debt 757
scheduling. There may not be enough time to set up such an 758
agreement FOR DEBT SCHEDULING in order to avoid a garnishment of 759
your wages based upon this demand for payment, but entering into 761
such an agreement FOR DEBT SCHEDULING might protect you from 762
future garnishments of your wages. Under such an agreement FOR 763
DEBT SCHEDULING, you will have to regularly pay a portion of your 765
income to the service until the debts subject to the agreement 766
are paid off. This portion of your income will be paid by the 767
service to your creditors who are owed debts subject to the 768
agreement. This can be to your advantage because these creditors 769
cannot garnish your wages while you make your payments to the 770
service on time.
................................... 772
(Name of Judgment Creditor) 773
18
................................... 774
(Signature of Judgment Creditor 775
or Agent) 776
................................... 777
................................... 778
................................... 779
(Address of Judgment Creditor) 780
PAYMENT TO AVOID GARNISHMENT 782
To: ................................................. 784
(Name of Judgment Creditor) 785
................................................. 786
................................................. 787
(Address of Judgment Creditor) 788
To avoid the garnishment of personal earnings of which you 790
have given me notice, I enclose $ ............... to apply toward 791
my indebtedness to you. The amount of the payment was computed 792
as follows: 793
1. Total amount of indebtedness demanded: 795
(1) $.............. 796
2. Enter the amount of your PERSONAL earnings, after 798
deductions required by law, owed to EARNED BY you for DURING the 800
previous CURRENT pay period (but do not enter earnings owed for a 801
THAT IS, THE PAY period exceeding one month IN WHICH THIS DEMAND 802
IS RECEIVED BY YOU):
(2) $.............. 803
3. Enter your pay period (weekly, bi-weekly BIWEEKLY, 805
semi-monthly SEMIMONTHLY, monthly): 806
(3) ............... 807
4. Enter an amount equal to 25% of the amount on line (2): 809
(4) $.............. 810
5. (A) The current federal minimum hourly wage is 812
.......... (to be filled in by Judgment Creditor) 813
(You should use the above figure to complete this portion 815
of the form.) If you are paid weekly, enter thirty times the 816
19
current federal minimum hourly wage; if paid bi-weekly BIWEEKLY, 817
enter sixty times the current federal minimum hourly wage; if 819
paid semi-monthly SEMIMONTHLY, enter sixty-five times the current 820
federal minimum hourly wage; if paid monthly, enter one hundred 822
thirty times the current federal minimum hourly wage: 823
(5A)5(A) $.............. 824
(B) Enter the amount by which the amount on line (2) 826
exceeds the amount on line 5(A): 827
(5B)5(B) $.............. 828
6. Enter the lesser SMALLEST of the amounts on lines (1), 831
(4), or 5(B). Send this amount to the judgment creditor along 832
with this form after you have signed it: 833
(6) $.............. 834
I certify that the statements contained above are true to 836
the best of my knowledge and belief. 837
................................... 839
(Signature of Judgment Debtor) 840
................................... 841
................................... 842
................................... 843
(Print Name and Residence Address 844
of Judgment Debtor) 845
I certify that the amount shown on line (2) is a true 848
statement of the judgment debtor's earnings. 849
................................... 851
(Print Name of Employer) 852
................................... 853
(Signature of Employer or Agent)" 854
Sec. 2716.03. (A) A proceeding in garnishment of personal 865
earnings may be commenced after a judgment has been obtained by a 866
judgment creditor by the filing of an affidavit in writing made 867
by the judgment creditor or the judgment creditor's agent or the 869
judgment creditor's attorney setting forth all of the following:
(1) The name of the judgment debtor whose personal 871
20
earnings the judgment creditor seeks to garnish; 872
(2) That the affiant has good reason to believe and does 874
believe that the person, partnership, LIMITED LIABILITY COMPANY, 875
or corporation named in the affidavit as the garnishee is an 877
employer of the judgment debtor who has personal earnings of the 878
judgment debtor that are not exempt under section 2329.66 of the 879
Revised Code;
(3) That the demand in writing, as required by section 881
2716.02 of the Revised Code, has been made; 882
(4) That the payment demanded in the notice required by 884
section 2716.02 of the Revised Code has not been made, nor has 886
AND a sufficient portion OF THE PAYMENT DEMANDED HAS NOT been 887
made to prevent the garnishment of personal earnings as described 888
in section 2716.02 of the Revised Code; 889
(5) That THE affiant has no knowledge of any application 891
by the judgment debtor for the appointment of a trustee so as to 892
preclude the garnishment of THE judgment debtor's personal 893
earnings;
(6) That the affiant has no knowledge that the debt to 895
which the affidavit pertains is the subject of a debt scheduling 896
agreement of such a nature that it precludes the garnishment of 897
the personal earnings of the judgment debtor under division (B) 898
of this section. 899
(B) No proceeding in garnishment of personal earnings 901
shall be brought against a judgment debtor sooner than thirty 902
days after the filing of the last successful proceeding in 903
garnishment of personal earnings against the judgment debtor, 904
regardless of who brings the proceeding or who brought the last 905
successful proceeding. No proceeding in garnishment of personal 906
earnings shall be brought against a judgment debtor for the 907
collection of a debt that is the subject of an agreement for debt 908
scheduling between the judgment debtor and a budget and debt 910
counseling service, unless any payment to be made by the judgment 911
debtor, or by a budget and debt counseling service to the 913
21
judgment creditor under the agreement for debt scheduling between 914
the judgment debtor and the budget and debt counseling service, 916
is due and unpaid for more than forty-five days after the date on 917
which the payment became due, or unless the judgment creditor 918
previously was notified by the service that the debt scheduling 919
agreement between the judgment debtor and the service was 920
terminated. 921
(C) Upon the filing A COURT'S ISSUANCE of a proceeding in 924
AN ORDER OF garnishment of personal earnings FOLLOWING A JUDGMENT 925
CREDITOR'S FILING OF AN AFFIDAVIT under this section AND
COMPLIANCE WITH SECTION 2716.04 OF THE REVISED CODE, the 926
garnishee and the judgment debtor shall be notified of the 927
proceeding IN GARNISHMENT OF PERSONAL EARNINGS in accordance with 929
sections 2716.05 and 2716.06 of the Revised Code.
(D) As used in this chapter: 931
(1) A "budget and debt counseling service" or "service" 934
means a corporation organized under Chapter 1702. of the Revised 935
Code for the purpose of counseling consumers with respect to 936
their financial obligations and assisting them in dealing with 937
their creditors. 938
(2) "Debt scheduling" means counseling and assistance 940
provided to a consumer by a budget and debt counseling service 942
under all of the following circumstances: 943
(a) The counseling and assistance is manifested in an 945
agreement between the consumer and the service under which the 946
consumer regularly pays that portion of the consumer's income to 947
the service that has been determined not to be required for the 949
maintenance of health or the essentials of life;. 950
(b) The payments are made to the service until the debts 952
of the consumer that are the subject of the agreement are fully 953
retired;. 954
(c) The service has sent written notice, by certified 956
mail, return receipt requested, or by regular mail evidenced by a 957
properly completed and stamped certificate of mailing by regular 958
22
mail, to the creditors of the consumer that are disclosed by the 959
consumer to the service. The notice shall contain all of the 961
following: 962
(i) A statement of the consumer's intent to participate in 964
debt scheduling; 965
(ii) A summary of the consumer's income, proposed itemized 967
budget, schedule of creditors, and proposed debt retirement plan; 968
(iii) A statement of the particular creditor's duty to 970
respond, in writing, to the service regarding the consumer's 971
participation in debt scheduling within fifteen days after 972
receiving the notice. 973
(d) The debts of the consumer that are the subject of the 975
agreement for debt scheduling are determined as follows: 976
(i) Any debt owed to a creditor that was notified of the 978
consumer's intent to participate is a subject of the agreement if 979
the creditor responds to the service and enters into an agreement 980
with the service, pursuant to which agreement the creditor agrees 981
not to attempt to collect the debts of the consumer as long as 982
the consumer regularly pays to the service the amount previously 983
agreed upon by the service and the consumer and no payment to be 984
made by the judgment debtor to the service or by the service to 985
the creditor is due and unpaid for more than forty-five days 986
after the date on which the payment became due, as long as the 987
debt scheduling agreement between the consumer and the service 988
has not been terminated, and as long as the service regularly 989
pays to the creditor a mutually acceptable amount, which amount 990
THAT is either the amount agreed upon by the service and the 991
creditor on the date they entered into their original agreement 992
or an amount agreed upon by both the service and the creditor on 993
a date after the date of the original agreement;. 994
(ii) Any debt owed to a creditor that was notified of the 996
consumer's intent to participate is a subject of the agreement if 997
the creditor does not respond to the service and state the 998
creditor's objection, in writing, to the consumer's participation 999
23
in debt scheduling within fifteen days after receiving notice of 1,000
the consumer's intention to do so; however, no debt that is 1,001
subject to a lien or security interest of any type, other than a 1,002
judgment lien or execution lien, shall be a subject of the 1,003
agreement unless the creditor specifically assents, in writing, 1,004
to the debt being a subject of the agreement. The creditor shall 1,005
be considered to have entered into an agreement of the type 1,006
described in division (D)(2)(d)(i) of this section, and the 1,007
amount to be regularly paid by the service to the creditor shall 1,008
be an amount determined to be reasonable by the service or an 1,009
amount agreed upon by both the service and the creditor on a date 1,010
after the expiration of the fifteen-day period. 1,011
(iii) Any debt owed to a creditor that was not notified of 1,013
the consumer's intent to participate, or a debt owed to a 1,014
creditor that was notified of the consumer's intent to 1,015
participate and that responded to the service and stated its 1,016
objection, in writing, to the consumer's participation in debt 1,017
scheduling within fifteen days after receiving notice of the 1,018
consumer's intention to do so, is not a subject of the agreement. 1,019
(e) The service agrees that, if the consumer fails to make 1,021
a payment under the agreement within forty-five days of its due 1,022
date or if the agreement is terminated, the service will notify 1,023
each creditor that is owed a debt that is subject to the 1,024
agreement of the failure or termination by regular mail within 1,025
two business days of the failure or termination, and the service 1,026
provides that notice in accordance with the agreement. 1,027
Sec. 2716.04. The affidavit required by section 2716.03 of 1,036
the Revised Code in a proceeding for garnishment of personal 1,037
earnings shall be accompanied by the return receipt requested for 1,038
the written demand made pursuant to section 2716.02 of the 1,039
Revised Code, the unclaimed letter, or a photographic or other
direct image copy of the receipt or letter if the demand was sent 1,040
by certified letter MAIL, return receipt requested; by proof of 1,041
service by the court of the demand; or by a properly completed 1,042
24
and stamped certificate of mailing by regular mail, a 1,043
photographic or other direct image copy of the demand, and a 1,044
sworn statement that it was sent by regular mail. The affidavit 1,045
also shall be accompanied by one dollar TEN DOLLARS as the 1,046
garnishee's fee for compliance with the order, no part of which 1,047
AND THAT FEE shall be charged as court costs.
Sec. 2716.041. (A) WHEN A MUNICIPAL COURT, COUNTY COURT, 1,050
OR COURT OF COMMON PLEAS ISSUES AN ORDER OF GARNISHMENT OF 1,051
PERSONAL EARNINGS FOLLOWING A JUDGMENT CREDITOR'S FILING OF AN 1,052
AFFIDAVIT IN ACCORDANCE WITH SECTION 2716.03 OF THE REVISED CODE 1,054
AND THE JUDGMENT CREDITOR'S COMPLIANCE WITH SECTION 2716.04 OF 1,055
THE REVISED CODE, THE ORDER SHALL OPERATE IN THE MANNER DESCRIBED 1,058
IN THIS SECTION, BE SERVED UPON THE GARNISHEE IN ACCORDANCE WITH 1,059
SECTION 2716.05 OF THE REVISED CODE, BE ANSWERED BY THE GARNISHEE 1,062
IN ACCORDANCE WITH DIVISION (F) OF THIS SECTION AND SECTIONS 1,064
2716.05 AND 2716.21 OF THE REVISED CODE, AND BE SERVED UPON THE 1,066
JUDGMENT DEBTOR IN ACCORDANCE WITH SECTION 2716.06 OF THE REVISED 1,068
CODE. 1,069
(B) EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, AN ORDER 1,072
OF GARNISHMENT OF PERSONAL EARNINGS SHALL BE A CONTINUOUS ORDER 1,073
THAT REQUIRES THE GARNISHEE TO WITHHOLD A SPECIFIED AMOUNT FROM 1,074
THE JUDGMENT DEBTOR'S PERSONAL EARNINGS DURING EACH PAY PERIOD OF 1,075
THE JUDGMENT DEBTOR FOLLOWING THE GARNISHEE'S RECEIPT OF THE 1,076
ORDER UNTIL THE JUDGMENT IN FAVOR OF THE JUDGMENT CREDITOR AND 1,077
THE ASSOCIATED COURT COSTS, JUDGMENT INTEREST, AND, IF 1,078
APPLICABLE, PREJUDGMENT INTEREST AWARDED TO THE JUDGMENT CREDITOR 1,079
HAVE BEEN PAID IN FULL. FOR THIS PURPOSE, THE ORDER OF 1,080
GARNISHMENT OF PERSONAL EARNINGS SHALL SPECIFY THE TOTAL PROBABLE 1,081
AMOUNT DUE ON THE JUDGMENT; SHALL STATE THAT THAT TOTAL PROBABLE 1,082
AMOUNT INCLUDES THE UNPAID PORTION OF THE JUDGMENT IN FAVOR OF 1,083
THE JUDGMENT CREDITOR AND SPECIFY THAT UNPAID PORTION; SHALL 1,084
STATE THAT THAT TOTAL PROBABLE AMOUNT INCLUDES JUDGMENT INTEREST 1,085
AND, IF APPLICABLE, PREJUDGMENT INTEREST AT THE RATE PRESCRIBED 1,086
IN DIVISION (A) OF SECTION 1343.03 OF THE REVISED CODE OR A 1,089
25
DIFFERENT RATE PROVIDED IN A WRITTEN CONTRACT AND SPECIFY THE 1,090
APPLICABLE INTEREST RATE; AND SHALL STATE THAT THAT TOTAL 1,091
PROBABLE AMOUNT INCLUDES THE COURT COSTS AWARDED TO THE JUDGMENT 1,092
CREDITOR AND SPECIFY THE AMOUNT OF THOSE COURT COSTS. 1,093
(C)(1) A CONTINUOUS ORDER OF GARNISHMENT OF PERSONAL 1,096
EARNINGS DESCRIBED IN DIVISION (B) OF THIS SECTION REMAINS IN 1,097
EFFECT UNTIL WHICHEVER OF THE FOLLOWING FIRST OCCURS: 1,098
(a) THE TOTAL PROBABLE AMOUNT DUE ON THE JUDGMENT 1,101
DESCRIBED IN DIVISION (B) OF THIS SECTION IS PAID IN FULL TO THE 1,103
JUDGMENT CREDITOR AS A RESULT OF THE GARNISHEE'S WITHHOLDING OF 1,104
THE SPECIFIED AMOUNT FROM THE JUDGMENT DEBTOR'S PERSONAL EARNINGS 1,105
DURING EACH PAY PERIOD OF THE JUDGMENT DEBTOR FOLLOWING THE 1,106
GARNISHEE'S RECEIPT OF THE ORDER.
(b) THE JUDGMENT CREDITOR FILES WITH THE COURT THAT ISSUED 1,109
THE ORDER, AND SERVES UPON THE GARNISHEE AND JUDGMENT DEBTOR IN 1,110
THE SAME MANNER AS A SUMMONS IS SERVED, A WRITTEN NOTICE THAT THE 1,111
TOTAL PROBABLE AMOUNT DUE ON THE JUDGMENT DESCRIBED IN DIVISION 1,113
(B) OF THIS SECTION HAS BEEN PAID IN FULL TO THE JUDGMENT 1,114
CREDITOR IN THE MANNER DESCRIBED IN DIVISION (C)(1)(a) OF THIS 1,117
SECTION OR OTHERWISE HAS BEEN SATISFIED.
(c) A MUNICIPAL OR COUNTY COURT APPOINTS A TRUSTEE FOR THE 1,120
JUDGMENT DEBTOR PURSUANT TO SECTION 2329.70 OF THE REVISED CODE 1,122
AND ISSUES TO THE GARNISHEE AN ORDER THAT STAYS THE CONTINUOUS 1,123
ORDER OF GARNISHMENT OF PERSONAL EARNINGS. 1,124
(d) A BANKRUPTCY COURT OF THE UNITED STATES ISSUES TO THE 1,128
GARNISHEE AN ORDER THAT STAYS THE CONTINUOUS ORDER OF GARNISHMENT 1,129
OF PERSONAL EARNINGS. 1,130
(e) A MUNICIPAL OR COUNTY COURT OR A COURT OF COMMON PLEAS 1,133
ISSUES TO THE GARNISHEE ANOTHER ORDER OF GARNISHMENT OF PERSONAL 1,134
EARNINGS THAT RELATES TO THE SAME JUDGMENT DEBTOR AND A DIFFERENT 1,135
JUDGMENT CREDITOR, AND THE LAW OF THIS STATE OR OF THE UNITED 1,137
STATES PROVIDES THAT THE OTHER ORDER OF GARNISHMENT OF PERSONAL 1,138
EARNINGS HAS A HIGHER PRIORITY THAN THE PENDING CONTINUOUS ORDER 1,139
OF GARNISHMENT OF PERSONAL EARNINGS. A HIGHER PRIORITY ORDER OF 1,140
26
THAT NATURE MAY INCLUDE, BUT IS NOT LIMITED TO, A SUPPORT ORDER 1,141
AND AN INTERNAL REVENUE SERVICE LEVY. 1,144
(f) A MUNICIPAL OR COUNTY COURT OR A COURT OF COMMON PLEAS 1,147
ISSUES TO THE GARNISHEE ANOTHER ORDER OF GARNISHMENT OF PERSONAL 1,148
EARNINGS THAT RELATES TO THE SAME JUDGMENT DEBTOR AND A DIFFERENT 1,149
JUDGMENT CREDITOR AND THAT IS NOT DESCRIBED IN DIVISION (C)(1)(e) 1,151
OF THIS SECTION. 1,152
(2) IF THE CIRCUMSTANCES DESCRIBED IN DIVISION (C)(1)(e) 1,155
OR (f) OF THIS SECTION APPLY TO A CONTINUOUS ORDER OF GARNISHMENT 1,157
OF PERSONAL EARNINGS, DIVISION (D) OF THIS SECTION ALSO APPLIES 1,159
TO THE GARNISHEE AND THAT ORDER.
(3) AS LONG AS A CONTINUOUS ORDER OF GARNISHMENT OF 1,161
PERSONAL EARNINGS WITH RESPECT TO A PARTICULAR JUDGMENT DEBTOR 1,162
AND A PARTICULAR JUDGMENT CREDITOR REMAINS IN EFFECT OR, IF THE 1,164
CIRCUMSTANCES DESCRIBED IN DIVISION (C)(1)(e) OR (f) OF THIS 1,166
SECTION APPLY TO AN ORDER OF THAT NATURE, AS LONG AS DIVISION (D) 1,168
OF THIS SECTION APPLIES TO THE GARNISHEE AND AN ORDER OF THAT 1,169
NATURE, THE PARTICULAR JUDGMENT CREDITOR MAY NOT FILE IN ANY 1,170
MUNICIPAL OR COUNTY COURT OR ANY COURT OF COMMON PLEAS ANOTHER 1,171
AFFIDAVIT AS DESCRIBED IN SECTION 2716.03 OF THE REVISED CODE 1,174
THAT PERTAINS TO THE PARTICULAR JUDGMENT DEBTOR AND THE SAME 1,175
JUDGMENT THAT UNDERLIES THE ORDER. 1,176
(4)(a) SUBJECT TO DIVISIONS (C)(1) AND (D) OF THIS SECTION 1,180
AND SECTION 2716.05 OF THE REVISED CODE, A GARNISHEE TO WHOM A 1,183
MUNICIPAL OR COUNTY COURT OR COURT OF COMMON PLEAS ISSUES A 1,184
CONTINUOUS ORDER OF GARNISHMENT OF PERSONAL EARNINGS SHALL PAY TO 1,186
THE COURT WITHIN THIRTY DAYS AFTER EACH PAY PERIOD OF THE
JUDGMENT DEBTOR ENDS THE AMOUNT THAT THE ORDER SPECIFIES TO BE 1,187
WITHHELD FROM THE JUDGMENT DEBTOR'S PERSONAL EARNINGS DURING EACH 1,189
PAY PERIOD OF THE JUDGMENT DEBTOR FOLLOWING THE GARNISHEE'S
RECEIPT OF THE ORDER. THE PAYMENT TO THE COURT OF THAT AMOUNT 1,190
SHALL BE ACCOMPANIED BY THE GARNISHEE'S INTERIM REPORT AND ANSWER 1,192
THAT SHALL BE SUBSTANTIALLY IN THE FORM SET FORTH IN SECTION 1,193
2716.07 OF THE REVISED CODE AND SHALL SPECIFICALLY STATE ALL OF 1,195
27
THE FOLLOWING:
(i) THE DATE THAT THE GARNISHEE RECEIVED THE CONTINUOUS 1,198
ORDER OF GARNISHMENT OF PERSONAL EARNINGS; 1,199
(ii) THE TOTAL PROBABLE AMOUNT DUE ON THE JUDGMENT, AS 1,202
DESCRIBED IN DIVISION (B) OF THIS SECTION; 1,203
(iii) THE AMOUNT OF THE JUDGMENT DEBTOR'S PERSONAL 1,206
EARNINGS THAT HAS BEEN WITHHELD FOR THE PARTICULAR PAY PERIOD AND 1,207
THAT IS BEING SUBMITTED WITH THE INTERIM REPORT AND ANSWER. 1,208
(b) A GARNISHEE SHALL PREPARE EACH INTERIM REPORT AND 1,211
ANSWER IN TRIPLICATE, SHALL SUBMIT ONE COMPLETE AND SIGNED COPY 1,212
OF THAT DOCUMENT TO THE COURT IN ACCORDANCE WITH DIVISION 1,214
(C)(4)(a) OF THIS SECTION, SHALL RETAIN ONE COMPLETE AND SIGNED 1,215
COPY OF THAT DOCUMENT FOR THE GARNISHEE'S RECORDS, AND SHALL 1,217
DELIVER ONE COMPLETE AND SIGNED COPY OF THAT DOCUMENT TO THE 1,218
JUDGMENT DEBTOR.
(5)(a) SUBJECT TO DIVISION (D) OF THIS SECTION, IF A 1,221
CONTINUOUS ORDER OF GARNISHMENT OF PERSONAL EARNINGS CEASES TO 1,222
REMAIN IN EFFECT BECAUSE OF THE OPERATION OF DIVISION (C)(1) OF 1,224
THIS SECTION, THE GARNISHEE SHALL FILE WITH THE MUNICIPAL OR 1,225
COUNTY COURT OR THE COURT OF COMMON PLEAS THAT ISSUED THE ORDER 1,226
THE GARNISHEE'S FINAL REPORT AND ANSWER. THE FINAL REPORT AND 1,227
ANSWER SHALL BE SUBSTANTIALLY IN THE FORM SET FORTH IN SECTION 1,228
2716.08 OF THE REVISED CODE AND SHALL SPECIFICALLY STATE ALL OF 1,231
THE FOLLOWING:
(i) THE DATE THAT THE GARNISHEE RECEIVED THE CONTINUOUS 1,234
ORDER OF GARNISHMENT OF PERSONAL EARNINGS; 1,235
(ii) THE TOTAL PROBABLE AMOUNT DUE ON THE JUDGMENT, AS 1,238
DESCRIBED IN DIVISION (B) OF THIS SECTION; 1,239
(iii) THE TOTAL AMOUNT OF THE JUDGMENT DEBTOR'S PERSONAL 1,242
EARNINGS THAT THE GARNISHEE HAS WITHHELD AND PAID TO THE COURT 1,243
WHILE THE ORDER REMAINED IN EFFECT; 1,244
(iv) THE REASON LISTED IN DIVISION (C)(1) OF THIS SECTION 1,247
THAT PRECLUDES THE CONTINUATION OF THE WITHHOLDING OF THE 1,248
SPECIFIED AMOUNT OF THE JUDGMENT DEBTOR'S PERSONAL EARNINGS IN 1,249
28
ACCORDANCE WITH THE ORDER. THIS REASON SHALL BE STATED ONLY IF 1,251
THE TOTAL PROBABLE AMOUNT DUE ON THE JUDGMENT, AS DESCRIBED IN 1,252
DIVISION (B) OF THIS SECTION, IS NOT THE TOTAL AMOUNT OF THE 1,253
JUDGMENT DEBTOR'S PERSONAL EARNINGS THAT THE GARNISHEE WITHHELD 1,254
AND PAID TO THE COURT WHILE THE ORDER REMAINED IN EFFECT AND IF 1,255
THE REASON THAT THE ORDER HAS CEASED TO REMAIN IN EFFECT IS 1,256
DESCRIBED IN DIVISION (C)(1)(c), (d), (e), OR (f) OF THIS 1,259
SECTION. 1,260
(b) A GARNISHEE SHALL PREPARE EACH FINAL REPORT AND ANSWER 1,263
IN TRIPLICATE, SHALL SUBMIT ONE COMPLETE AND SIGNED COPY OF THAT 1,264
DOCUMENT TO THE COURT IN ACCORDANCE WITH DIVISION (C)(5)(a) OF 1,267
THIS SECTION, SHALL RETAIN ONE COMPLETE AND SIGNED COPY OF THAT 1,268
DOCUMENT FOR THE GARNISHEE'S RECORDS, AND SHALL DELIVER ONE
COMPLETE AND SIGNED COPY OF THAT DOCUMENT TO THE JUDGMENT DEBTOR. 1,270
(D)(1) EXCEPT AS PROVIDED IN DIVISION (D)(2) OF THIS 1,274
SECTION, IF A GARNISHEE RECEIVES AN ORDER OF GARNISHMENT OF
PERSONAL EARNINGS WITH RESPECT TO A PARTICULAR JUDGMENT DEBTOR 1,275
AND IF, AT THE TIME OF THE RECEIPT OF THAT ORDER, THE GARNISHEE 1,276
IS THE SUBJECT OF A PREVIOUSLY RECEIVED CONTINUOUS ORDER OF 1,277
GARNISHMENT OF PERSONAL EARNINGS WITH RESPECT TO THE SAME 1,278
JUDGMENT DEBTOR, THE PREVIOUS ORDER SHALL CEASE TO REMAIN IN 1,279
EFFECT AS DESCRIBED IN DIVISION (C)(1)(f) OF THIS SECTION. 1,282
HOWEVER, UNTIL AT LEAST ONE HUNDRED EIGHTY-TWO DAYS HAVE EXPIRED 1,283
FROM THE DATE THAT THE GARNISHEE BEGAN PROCESSING THE PREVIOUS 1,284
ORDER, THE GARNISHEE SHALL WITHHOLD THE SPECIFIED AMOUNT FROM THE 1,285
JUDGMENT DEBTOR'S PERSONAL EARNINGS IN ACCORDANCE WITH THE 1,286
PREVIOUS ORDER. DURING THAT PERIOD, THE PREVIOUS ORDER SHALL BE 1,287
DEEMED A HIGHER PRIORITY ORDER. UPON THE EXPIRATION OF THAT 1,288
PERIOD, THE GARNISHEE SHALL COMPLY WITH DIVISION (C)(5) OF THIS 1,289
SECTION.
(2) IF A GARNISHEE RECEIVES AN ORDER OF GARNISHMENT OF 1,291
PERSONAL EARNINGS WITH RESPECT TO A PARTICULAR JUDGMENT DEBTOR, 1,292
IF, AT THE TIME OF THE RECEIPT OF THAT ORDER, THE GARNISHEE IS 1,293
THE SUBJECT OF A PREVIOUSLY RECEIVED CONTINUOUS ORDER OF 1,294
29
GARNISHMENT OF PERSONAL EARNINGS WITH RESPECT TO THE SAME 1,295
JUDGMENT DEBTOR, AND IF THE LAW OF THIS STATE OR OF THE UNITED 1,298
STATES PROVIDES THAT THE SUBSEQUENT ORDER HAS A HIGHER PRIORITY 1,299
THAN THE PREVIOUS ORDER, THE PREVIOUS ORDER SHALL CEASE TO REMAIN 1,300
IN EFFECT AS DESCRIBED IN DIVISION (C)(1)(e) OF THIS SECTION. 1,303
HOWEVER, UNTIL AT LEAST ONE HUNDRED EIGHTY-TWO DAYS HAVE EXPIRED 1,304
FROM THE DATE THE GARNISHEE BEGAN PROCESSING THE PREVIOUS ORDER, 1,305
THE GARNISHEE SHALL COMPLY WITH DIVISION (D)(3)(c)(ii) OF THIS 1,307
SECTION. UPON THE EXPIRATION OF THAT PERIOD, THE GARNISHEE SHALL 1,308
COMPLY WITH DIVISION (C)(5) OF THIS SECTION. 1,309
(3)(a) EXCEPT AS PROVIDED IN DIVISION (D)(2) AND (3)(b) 1,313
AND (c) OF THIS SECTION, IF A GARNISHEE RECEIVES AN ORDER OF 1,314
GARNISHMENT OF PERSONAL EARNINGS WITH RESPECT TO A PARTICULAR 1,315
JUDGMENT DEBTOR AND IF, AT THE TIME OF THE RECEIPT OF THAT ORDER, 1,316
THE GARNISHEE IS THE SUBJECT OF A PREVIOUSLY RECEIVED CONTINUOUS 1,317
ORDER OF GARNISHMENT OF PERSONAL EARNINGS WITH RESPECT TO THE 1,318
SAME JUDGMENT DEBTOR, THE GARNISHEE SHALL DO BOTH OF THE 1,319
FOLLOWING: 1,320
(i) THE GARNISHEE SHALL PROCESS THE SUBSEQUENT ORDER IN 1,323
THE ORDER IN WHICH THE GARNISHEE RECEIVES IT AND ONLY AFTER ALL 1,324
PREVIOUSLY RECEIVED ORDERS OF GARNISHMENT OF PERSONAL EARNINGS 1,325
WITH RESPECT TO THE SAME JUDGMENT DEBTOR HAVE BEEN PROCESSED FOR 1,326
A ONE-HUNDRED-EIGHTY-TWO-DAY PERIOD OR HAVE CEASED TO REMAIN IN 1,327
EFFECT FOR A REASON LISTED IN DIVISION (C)(1) OF THIS SECTION. 1,328
(ii) WHEN, PURSUANT TO THE PROCEDURE REQUIRED BY DIVISION 1,331
(D)(3)(a)(i) OF THIS SECTION FOR THE STACKING OF ORDERS OF 1,333
GARNISHMENT OF PERSONAL EARNINGS WITH RESPECT TO THE SAME 1,334
JUDGMENT DEBTOR, THE SUBSEQUENT ORDER REACHES HIGHEST PRIORITY, 1,335
THE GARNISHEE SHALL PROCESS THE SUBSEQUENT ORDER UNTIL THE 1,337
SUBSEQUENT ORDER CEASES TO REMAIN IN EFFECT FOR A REASON LISTED 1,338
IN DIVISION (C)(1) OF THIS SECTION. 1,339
(b) IF A GARNISHEE RECEIVES AN ORDER OF GARNISHMENT OF 1,342
PERSONAL EARNINGS WITH RESPECT TO A PARTICULAR JUDGMENT DEBTOR, 1,343
IF, AT THE TIME OF THE RECEIPT OF THAT ORDER, THE GARNISHEE IS 1,344
30
THE SUBJECT OF A PREVIOUSLY RECEIVED CONTINUOUS ORDER OF 1,345
GARNISHMENT OF PERSONAL EARNINGS WITH RESPECT TO THE SAME 1,346
JUDGMENT DEBTOR, AND IF THE PREVIOUS ORDER HAS A HIGHER PRIORITY 1,347
UNDER DIVISION (D)(1) OR (3)(a) OF THIS SECTION, THE GARNISHEE 1,348
SHALL DO BOTH OF THE FOLLOWING: 1,349
(i) THE GARNISHEE SHALL WITHHOLD FROM THE JUDGMENT 1,352
DEBTOR'S PERSONAL EARNINGS DURING EACH PAY PERIOD THE AMOUNT 1,353
SPECIFIED IN THE PREVIOUS ORDER FOR THE REQUISITE
ONE-HUNDRED-EIGHTY-TWO-DAY PERIOD OR UNTIL THE PREVIOUS ORDER 1,354
CEASES TO REMAIN IN EFFECT FOR A REASON LISTED IN DIVISION (C)(1) 1,356
OF THIS SECTION.
(ii) IF THE MAXIMUM AMOUNT OF THE PERSONAL EARNINGS OF THE 1,359
JUDGMENT DEBTOR THAT MAY BE GARNISHED DURING EACH PAY PERIOD 1,360
UNDER THE LAW OF THIS STATE OR OF THE UNITED STATES IS NOT 1,362
EXCEEDED AFTER THE APPLICATION OF DIVISION (D)(3)(b)(i) OF THIS 1,365
SECTION, THE GARNISHEE SHALL WITHHOLD FROM THE JUDGMENT DEBTOR'S 1,366
PERSONAL EARNINGS DURING EACH PAY PERIOD THE AMOUNT SPECIFIED IN 1,367
ONE OR MORE OF THE SUBSEQUENT ORDERS, IN THEIR ORDER OF PRIORITY, 1,368
UNTIL THE MAXIMUM AMOUNT OF THE PERSONAL EARNINGS OF THE JUDGMENT 1,369
DEBTOR THAT MAY BE GARNISHED DURING EACH PAY PERIOD UNDER THE LAW 1,370
OF THIS STATE OR OF THE UNITED STATES IS REACHED AND AS LONG AS 1,373
THE REQUISITE ONE-HUNDRED-EIGHTY-TWO-DAY PROCESSING PERIOD HAS 1,374
NOT EXPIRED WITH RESPECT TO A SUBSEQUENT ORDER AND THE SUBSEQUENT 1,375
ORDER HAS NOT CEASED TO REMAIN IN EFFECT FOR A REASON LISTED IN 1,376
DIVISION (C)(1) OF THIS SECTION. 1,377
(c) IF A GARNISHEE RECEIVES AN ORDER OF GARNISHMENT OF 1,380
PERSONAL EARNINGS WITH RESPECT TO A PARTICULAR JUDGMENT DEBTOR, 1,381
IF, AT THE TIME OF THE RECEIPT OF THAT ORDER, THE GARNISHEE IS 1,382
THE SUBJECT OF A PREVIOUSLY RECEIVED CONTINUOUS ORDER OF 1,383
GARNISHMENT OF PERSONAL EARNINGS WITH RESPECT TO THE SAME 1,384
JUDGMENT DEBTOR, AND IF THE SUBSEQUENT ORDER HAS A HIGHER
PRIORITY UNDER DIVISION (D)(2) OF THIS SECTION, THE GARNISHEE 1,386
SHALL DO BOTH OF THE FOLLOWING: 1,387
(i) THE GARNISHEE SHALL WITHHOLD FROM THE JUDGMENT 1,390
31
DEBTOR'S PERSONAL EARNINGS DURING EACH PAY PERIOD THE AMOUNT 1,391
SPECIFIED IN THE SUBSEQUENT ORDER.
(ii) IF THE MAXIMUM AMOUNT OF THE PERSONAL EARNINGS OF THE 1,394
JUDGMENT DEBTOR THAT MAY BE GARNISHED DURING EACH PAY PERIOD 1,395
UNDER THE LAW OF THIS STATE OR OF THE UNITED STATES IS NOT 1,397
EXCEEDED AFTER THE APPLICATION OF DIVISION (D)(3)(c)(i) OF THIS 1,400
SECTION, THE GARNISHEE SHALL WITHHOLD FROM THE JUDGMENT DEBTOR'S 1,401
PERSONAL EARNINGS DURING EACH PAY PERIOD THE AMOUNT SPECIFIED IN 1,402
ONE OR MORE OF THE PREVIOUS ORDERS, IN THEIR ORDER OF PRIORITY, 1,403
UNTIL THE MAXIMUM AMOUNT OF THE PERSONAL EARNINGS OF THE JUDGMENT 1,404
DEBTOR THAT MAY BE GARNISHED DURING EACH PAY PERIOD UNDER THE LAW 1,405
OF THIS STATE OR OF THE UNITED STATES IS REACHED AND AS LONG AS 1,408
THE REQUISITE ONE-HUNDRED-EIGHTY-TWO-DAY PROCESSING PERIOD HAS 1,409
NOT EXPIRED WITH RESPECT TO A PREVIOUS ORDER AND THE PREVIOUS 1,410
ORDER HAS NOT CEASED TO REMAIN IN EFFECT FOR A REASON LISTED IN 1,411
DIVISION (C)(1) OF THIS SECTION. 1,412
(E) IF A GARNISHEE RECEIVES AN ORDER OF GARNISHMENT OF 1,415
PERSONAL EARNINGS WITH RESPECT TO A PARTICULAR JUDGMENT DEBTOR 1,416
AND THAT ORDER, AFTER APPLYING THE PROVISIONS OF THIS SECTION, 1,417
HAS A HIGHER PRIORITY THAN A PREVIOUSLY RECEIVED CONTINUOUS ORDER 1,418
OF GARNISHMENT OF PERSONAL EARNINGS WITH RESPECT TO THE SAME 1,419
JUDGMENT DEBTOR, THE GARNISHEE PROMPTLY SHALL NOTIFY THE JUDGMENT 1,420
CREDITOR ASSOCIATED WITH THE PREVIOUS ORDER OF THE RECEIPT OF THE 1,421
HIGHER PRIORITY ORDER. 1,422
(F) IF A GARNISHEE RECEIVES AN ORDER OF GARNISHMENT OF 1,425
PERSONAL EARNINGS WITH RESPECT TO A PARTICULAR JUDGMENT DEBTOR 1,426
AND, IF AT THE TIME OF THE RECEIPT OF THAT ORDER, THE GARNISHEE 1,427
IS THE SUBJECT OF ONE OR MORE PREVIOUSLY RECEIVED CONTINUOUS 1,428
ORDERS OF GARNISHMENT OF PERSONAL EARNINGS WITH RESPECT TO THE 1,429
SAME JUDGMENT DEBTOR, THE GARNISHEE SHALL INCLUDE IN ITS ANSWER 1,430
OF EMPLOYER FILED PURSUANT TO SECTION 2716.05 OF THE REVISED CODE 1,433
IN RELATION TO THE SUBSEQUENT ORDER ALL OF THE FOLLOWING 1,434
INFORMATION:
(1) THE NAME OF THE COURT THAT ISSUED THE SUBSEQUENT ORDER 1,437
32
AND EACH PREVIOUS ORDER AND THE CASE NUMBER ASSOCIATED WITH EACH 1,438
OF THOSE ORDERS;
(2) THE DATE THAT THE GARNISHEE RECEIVED THE SUBSEQUENT 1,440
ORDER AND EACH PREVIOUS ORDER; 1,441
(3) WITH RESPECT TO THE SUBSEQUENT ORDER AND EACH PREVIOUS 1,444
ORDER, THE BALANCE DUE TO THE RELEVANT JUDGMENT CREDITOR AT THE 1,445
TIME OF THE FILING OF THE ANSWER OF EMPLOYER. THE GARNISHEE 1,446
SHALL CALCULATE THE BALANCE DUE IN RELATION TO A PARTICULAR ORDER 1,447
BY SUBTRACTING THE TOTAL AMOUNT OF THE JUDGMENT DEBTOR'S PERSONAL 1,448
EARNINGS THAT THE GARNISHEE PREVIOUSLY HAS WITHHELD AND PAID TO 1,449
THE COURT PURSUANT TO THAT ORDER FROM THE TOTAL PROBABLE AMOUNT 1,450
DUE ON THE JUDGMENT UNDERLYING THAT ORDER, AS DESCRIBED IN 1,451
DIVISION (B) OF THIS SECTION. 1,452
Sec. 2716.05. The garnishee shall be served, in the same 1,461
manner as a summons is served, with three copies of the order of 1,463
garnishment of personal earnings, together with the garnishee's 1,464
fee required by section 2716.04 of the Revised Code, and with a 1,465
written notice that the garnishee answer as provided in DIVISION 1,466
(F) OF SECTION 2716.041 OF THE REVISED CODE, THIS SECTION, AND
section 2716.21 of the Revised Code. The garnishee also shall be 1,468
served, at that time, with two copies of the notice to the
judgment debtor and hearing request form described in section 1,469
2716.06 of the Revised Code, ONE COPY OF THE INTERIM REPORT AND 1,470
ANSWER FORM DESCRIBED IN SECTION 2716.07 OF THE REVISED CODE, AND 1,473
ONE COPY OF THE FINAL REPORT AND ANSWER FORM DESCRIBED IN SECTION 1,474
2716.08 OF THE REVISED CODE. Any 1,477
A court of common pleas OR MUNICIPAL OR COUNTY COURT that 1,480
issues an order of garnishment of personal earnings has 1,481
jurisdiction to serve process pursuant to this section upon a 1,482
garnishee who does not reside within the TERRITORIAL jurisdiction 1,483
of the court. Any county court or municipal court that issues an 1,485
order of garnishment of personal earnings has jurisdiction to 1,486
serve process pursuant to this section upon a garnishee who 1,487
resides in any county that is contiguous to that in which the 1,488
33
court is located. When IF the garnishee does not reside within 1,489
the TERRITORIAL jurisdiction of the court that issued the order, 1,490
the process may be served UPON THE GARNISHEE by the proper 1,492
officer of the county in which the garnishee resides, or MAY be 1,493
personally served UPON THE GARNISHEE BY PERSONAL SERVICE BY THE 1,494
COURT, BY SENDING IT TO THE GARNISHEE BY CERTIFIED MAIL, RETURN 1,495
RECEIPT REQUESTED, OR BY SENDING IT TO THE GARNISHEE BY REGULAR 1,497
MAIL EVIDENCED BY A PROPERLY COMPLETED AND STAMPED CERTIFICATE OF 1,498
MAILING BY REGULAR MAIL. The 1,499
THE order OF GARNISHMENT OF PERSONAL EARNINGS shall bind 1,501
the personal earnings of the judgment debtor due from the 1,502
garnishee at the time of service IN ACCORDANCE WITH THIS SECTION. 1,503
THE 1,504
The order of garnishment of personal earnings and notice to 1,506
answer shall be in substantially the following form: 1,507
"ORDER AND NOTICE OF GARNISHMENT AND ANSWER OF EMPLOYER 1,509
Docket No. ................... 1,511
Case No. ..................... 1,512
in IN the .............. Court 1,513
........................, Ohio 1,514
The State of Ohio 1,517
County of ....................., ss 1,519
......................., Judgment Creditor 1,521
vs. 1,523
......................., Judgment Debtor 1,525
SECTION A. COURT ORDER AND NOTICE OF GARNISHMENT 1,527
To: ............................................, Garnishee 1,529
The judgment creditor in the above case has filed an 1,531
affidavit, satisfactory to the undersigned, in the 1,532
........................... Court THIS COURT stating that you owe 1,533
the judgment debtor money for personal earnings and that some of 1,534
that money may not be exempt from garnishment under the laws of 1,535
the State of Ohio OR THE LAWS OF THE UNITED STATES. 1,536
You are therefore ordered to complete THE "ANSWER OF 1,538
34
EMPLOYER (GARNISHEE)" IN section B of this form, and return the 1,539
completed original of this form, together with any amount shown 1,541
due on it, to the clerk of this court not later than
.................... RETURN ONE COMPLETED AND SIGNED COPY OF 1,543
THIS FORM TO THE CLERK OF THIS COURT WITHIN FIVE (5) BUSINESS 1,544
DAYS AFTER YOU RECEIVE THIS ORDER OF GARNISHMENT TOGETHER WITH 1,545
THE AMOUNT DETERMINED IN ACCORDANCE WITH THE "ANSWER OF EMPLOYER 1,546
(GARNISHEE)." Deliver one completed AND SIGNED copy of this 1,548
form, and the enclosed ACCOMPANYING documents entitled "NOTICE TO 1,549
THE JUDGMENT DEBTOR" and "REQUEST FOR HEARING," to the indicated 1,551
judgment debtor. Keep the other completed AND SIGNED copy of the 1,552
THIS form for your files. 1,553
The total probable amount now due on this judgment, 1,555
including interest and court costs, is $................... THE 1,556
TOTAL PROBABLE AMOUNT NOW DUE INCLUDES THE UNPAID PORTION OF THE 1,557
JUDGMENT IN FAVOR OF THE JUDGMENT CREDITOR, WHICH IS $........; 1,558
INTEREST ON THAT JUDGMENT AND, IF APPLICABLE, PREJUDGMENT 1,559
INTEREST RELATIVE TO THAT JUDGMENT AT THE RATE OF .....% PER 1,560
ANNUM PAYABLE UNTIL THAT JUDGMENT IS SATISFIED IN FULL; AND COURT 1,561
COSTS IN THE AMOUNT OF $.......... 1,562
THIS ORDER OF GARNISHMENT OF PERSONAL EARNINGS IS A 1,564
CONTINUOUS ORDER THAT GENERALLY REQUIRES YOU TO WITHHOLD A 1,565
SPECIFIED AMOUNT, AS DETERMINED IN ACCORDANCE WITH THE "ANSWER OF 1,567
EMPLOYER (GARNISHEE)," FROM THE JUDGMENT DEBTOR'S PERSONAL 1,568
EARNINGS DURING EACH PAY PERIOD OF THE JUDGMENT DEBTOR FOLLOWING 1,569
YOUR RECEIPT OF THE ORDER UNTIL THE JUDGMENT IN FAVOR OF THE 1,570
JUDGMENT CREDITOR AND THE ASSOCIATED COURT COSTS, JUDGMENT 1,571
INTEREST, AND, IF APPLICABLE, PREJUDGMENT INTEREST AWARDED TO THE 1,572
JUDGMENT CREDITOR AS DESCRIBED ABOVE HAVE BEEN PAID IN FULL. YOU 1,573
GENERALLY MUST PAY THAT SPECIFIED AMOUNT TO THE CLERK OF THIS 1,574
COURT WITHIN THIRTY (30) DAYS AFTER THE END OF EACH PAY PERIOD OF 1,575
THE JUDGMENT DEBTOR AND MUST INCLUDE WITH THAT SPECIFIED AMOUNT 1,576
AN "INTERIM REPORT AND ANSWER" SUBSTANTIALLY IN THE FORM SET 1,578
FORTH IN SECTION 2716.07 OF THE OHIO REVISED CODE. A COPY OF THE 1,582
35
"INTERIM REPORT AND ANSWER" IS ATTACHED TO THIS ORDER OF 1,583
GARNISHMENT OF PERSONAL EARNINGS, AND YOU MAY PHOTOCOPY IT TO USE 1,584
EACH TIME YOU PAY THE SPECIFIED AMOUNT TO THE CLERK OF THIS 1,585
COURT.
THIS ORDER OF GARNISHMENT OF PERSONAL EARNINGS GENERALLY 1,588
WILL REMAIN IN EFFECT UNTIL ONE OF THE FOLLOWING OCCURS: 1,589
(1) THE TOTAL PROBABLE AMOUNT DUE ON THE JUDGMENT AS 1,591
DESCRIBED ABOVE IS PAID IN FULL AS A RESULT OF YOUR WITHHOLDING 1,592
OF THE SPECIFIED AMOUNT FROM THE JUDGMENT DEBTOR'S PERSONAL 1,593
EARNINGS DURING EACH PAY PERIOD OF THE JUDGMENT DEBTOR FOLLOWING 1,594
YOUR RECEIPT OF THE ORDER. 1,595
(2) THE JUDGMENT CREDITOR FILES WITH THIS COURT A WRITTEN 1,598
NOTICE THAT THE TOTAL PROBABLE AMOUNT DUE ON THE JUDGMENT AS 1,599
DESCRIBED ABOVE HAS BEEN SATISFIED.
(3) A MUNICIPAL OR COUNTY COURT APPOINTS A TRUSTEE FOR THE 1,602
JUDGMENT DEBTOR AND ISSUES TO YOU AN ORDER THAT STAYS THIS ORDER 1,603
OF GARNISHMENT OF PERSONAL EARNINGS.
(4) A FEDERAL BANKRUPTCY COURT ISSUES TO YOU AN ORDER THAT 1,606
STAYS THIS ORDER OF GARNISHMENT OF PERSONAL EARNINGS. 1,607
(5) A MUNICIPAL OR COUNTY COURT OR A COURT OF COMMON PLEAS 1,610
ISSUES TO YOU ANOTHER ORDER OF GARNISHMENT OF PERSONAL EARNINGS 1,611
THAT RELATES TO THE JUDGMENT DEBTOR AND A DIFFERENT JUDGMENT 1,612
CREDITOR, AND OHIO OR FEDERAL LAW PROVIDES THE OTHER ORDER WITH A 1,613
HIGHER PRIORITY THAN THIS ORDER. 1,614
(6) A MUNICIPAL OR COUNTY COURT OR A COURT OF COMMON PLEAS 1,617
ISSUES TO YOU ANOTHER ORDER OF GARNISHMENT OF PERSONAL EARNINGS 1,618
THAT RELATES TO THE JUDGMENT DEBTOR AND A DIFFERENT JUDGMENT 1,619
CREDITOR AND THAT DOES NOT HAVE A HIGHER PRIORITY THAN THIS 1,620
ORDER.
UNDER ANY OF THE CIRCUMSTANCES LISTED ABOVE, YOU ARE 1,622
REQUIRED TO FILE WITH THIS COURT A "FINAL REPORT AND ANSWER" 1,624
SUBSTANTIALLY IN THE FORM SET FORTH IN SECTION 2716.08 OF THE 1,625
OHIO REVISED CODE. A COPY OF THE "FINAL REPORT AND ANSWER" IS 1,627
ATTACHED TO THIS ORDER OF GARNISHMENT OF PERSONAL EARNINGS. 1,628
36
UNDER THE CIRCUMSTANCES LISTED IN (5) AND (6) ABOVE, YOU MUST 1,629
CEASE PROCESSING THIS ORDER OF GARNISHMENT ONE HUNDRED EIGHTY-TWO 1,631
(182) DAYS AFTER YOU BEGAN PROCESSING IT.
SPECIAL STACKING, PRIORITY OF PAYMENT, AND MANNER OF 1,633
PAYMENT RULES APPLY WHEN A GARNISHEE RECEIVES MULTIPLE ORDERS OF 1,634
GARNISHMENT WITH RESPECT TO THE SAME JUDGMENT DEBTOR. THESE 1,635
RULES ARE SET FORTH IN SECTION 2716.041 OF THE OHIO REVISED CODE. 1,637
YOU SHOULD BECOME FAMILIAR WITH THESE RULES. 1,638
Witness my hand and the seal of this court this ........... 1,640
day of ..................., 19...... 1,641
.............................. 1,643
Judge 1,644
SECTION B. ANSWER OF EMPLOYER (GARNISHEE) 1,646
(An employer is one who is required to withhold payroll 1,648
taxes out of payments of personal earnings made to the judgment 1,649
debtor.)
(Answer all pertinent questions) 1,652
Now comes ..............................., the employer 1,655
(GARNISHEE) herein, who says:
Yes No 1,657
1. THIS ORDER OF GARNISHMENT OF PERSONAL EARNINGS WAS 1,660
RECEIVED ON .....................................................
YES NO 1,663
2. The indicated judgment 1,664
debtor is in my/our employ. ... ... 1,665
If answer is "No," give date of last 1,667
employment. (1)(2)....... 1,668
Yes No 1,669
2. (A) Have you, as an 1,671
employer, been served with a
garnishment order less than 30 days 1,673
preceding the date of service of
this form that required money to be 1,674
withheld from the earnings of the
37
judgment debtor and paid into court? ... ... 1,676
If the answer is "Yes," give the 1,678
prior court and case number; omit
questions 3, 4, 5, 6, and 7; sign 1,679
the form and return it to the court. (2A)......... 1,680
Court 1,681
............. 1,682
Case No. 1,683
Yes No 1,684
(B)3. (A) Is the debt to 1,687
which the THIS order of garnishment 1,688
of personal earnings pertains the 1,690
subject of an existing agreement for 1,691
debt scheduling between the judgment
debtor and a budget and debt 1,692
counseling service and has the
judgment debtor made every payment 1,693
that was due under the agreement for
debt scheduling no later than
forty-five days after the date on 1,694
which the payment was due? ... ... 1,695
If the answer to both parts of this 1,697
question is "Yes," give all
available details of the agreement; 1,698
omit questions 3, 4, 5, 6, and 7;, 1,699
sign the THIS form, and return it to
the court. (2B)3(A)..... 1,701
3. 1,703
................................................................. 1,706
................................................................. 1,708
YES NO 1,710
(B) WERE YOU, ON THE DATE 1,711
THAT YOU RECEIVED THIS ORDER OF
GARNISHMENT OF PERSONAL EARNINGS, 1,712
38
WITHHOLDING MONEYS FROM THE JUDGMENT
DEBTOR'S PERSONAL EARNINGS PURSUANT 1,713
TO ANOTHER ORDER OF GARNISHMENT OF
PERSONAL EARNINGS THAT OHIO OR 1,714
FEDERAL LAW PROVIDES WITH A HIGHER
PRIORITY THAN THIS ORDER OF 1,715
GARNISHMENT OF PERSONAL EARNINGS
(SUCH AS A SUPPORT ORDER OR INTERNAL 1,716
REVENUE SERVICE LEVY)? ..... ...... 1,718
IF THE ANSWER TO THIS QUESTION IS 1,722
"YES," GIVE THE NAME OF THE COURT 1,723
THAT ISSUED THE HIGHER PRIORITY 1,724
ORDER, THE ASSOCIATED CASE NUMBER,
THE DATE UPON WHICH YOU RECEIVED 1,725
THAT ORDER, AND THE BALANCE DUE TO
THE RELEVANT JUDGMENT CREDITOR UNDER 1,726
THAT ORDER. 3(B) ........ 1,727
................................................................. 1,729
YES NO 1,732
(C) DID YOU RECEIVE PRIOR TO 1,733
THE DATE THAT YOU RECEIVED THIS 1,734
ORDER OF GARNISHMENT OF PERSONAL
EARNINGS ONE OR MORE OTHER ORDERS OF
GARNISHMENT OF PERSONAL EARNINGS 1,735
THAT ARE NOT DESCRIBED IN QUESTION
3(B), AND ARE YOU CURRENTLY 1,736
PROCESSING ONE OR MORE OF THOSE
ORDERS FOR THE STATUTORILY REQUIRED 1,737
182-DAY PERIOD OR HOLDING ONE OR
MORE OF THOSE ORDERS FOR PROCESSING 1,738
FOR A 182-DAY PERIOD IN THE SEQUENCE
OF THEIR RECEIPT BY YOU? ..... ..... 1,740
IF THE ANSWER TO THIS QUESTION IS 1,743
"YES," GIVE THE NAME OF THE COURT 1,745
39
THAT ISSUED EACH OF THOSE PREVIOUSLY
RECEIVED ORDERS, THE ASSOCIATED CASE 1,746
NUMBERS, THE DATE UPON WHICH YOU
RECEIVED EACH OF THOSE ORDERS, AND
THE BALANCE DUE TO THE RELEVANT 1,747
JUDGMENT CREDITOR UNDER EACH OF
THOSE ORDERS. LIST FIRST THE 1,748
PREVIOUSLY RECEIVED ORDER(S) THAT
YOU ARE CURRENTLY PROCESSING, AND 1,749
LIST EACH OF THE OTHER PREVIOUSLY
RECEIVED ORDERS IN THE SEQUENCE THAT
YOU ARE REQUIRED TO PROCESS THEM. 3(C)......... 1,751
................................................................. 1,753
................................................................. 1,755
................................................................. 1,757
4. (A) Enter STATE WHETHER 1,759
the pay period of the judgment 1,760
debtor (IS weekly, bi-weekly
BIWEEKLY, semimonthly, or 1,762
monthly--(do MONTHLY (DO not enter a
pay period of more than one month): (3A)4(A)..... 1,765
(B) Enter the date this order 1,766
and notice of garnishment was served
on you: (3B)......... 1,769
(C) Enter the date the 1,770
judgment debtor's present pay period
began (present pay period means the 1,771
pay period in which this order and 1,772
notice of garnishment was served): (3C)......... 1,773
(D) Enter the date the 1,774
judgment debtor's present pay period
ends. (3D)......... 1,776
4.(B) Enter the disposable 1,777
earnings of the judgment debtor 1,778
40
EARNED DURING THE JUDGMENT DEBTOR'S
PRESENT PAY PERIOD. (disposable 1,779
"DISPOSABLE earnings" means earnings 1,780
after deductions required by law.
"PRESENT PAY PERIOD" MEANS THE PAY 1,781
PERIOD IN WHICH YOU RECEIVE THIS
ORDER OF GARNISHMENT OF PERSONAL 1,782
EARNINGS.). In determining
disposable earnings, choose the 1,783
situation below that is applicable
to the judgment debtor: 1,784
(A) If you, the employer, 1,785
have a policy of holding back one
pay, enter the disposable earnings 1,787
being held back on the date this
order and notice of garnishment was 1,788
served on you.
(B) If you, the employer, do 1,789
not have a policy of holding back
one pay, enter the amount of 1,791
disposable earnings earned by the
judgment debtor subsequent to the 1,792
date of the judgment debtor's
receiving the last pay and prior to 1,793
the date entered in line 3(B). (4) $........ 1,794
5. Enter an amount equal to 1,795
25% of the amount on line 4: (5)4(B) $.... 1,796
6.(C) IF THE JUDGMENT 1,797
DEBTOR'S PAY PERIOD IS WEEKLY, ENTER 1,798
ON LINE 4(C) AN AMOUNT EQUAL TO SIX
AND ONE-QUARTER PER CENT (6.25%) OF 1,799
THE JUDGMENT DEBTOR'S DISPOSABLE
EARNINGS SET FORTH ON LINE 4(B). IF 1,800
THE JUDGMENT DEBTOR'S PAY PERIOD IS
41
BIWEEKLY OR SEMIMONTHLY, ENTER ON 1,801
LINE 4(C) AN AMOUNT EQUAL TO TWELVE
AND ONE-HALF PER CENT (12.5%) OF THE 1,802
JUDGMENT DEBTOR'S DISPOSABLE
EARNINGS SET FORTH ON LINE 4(B). IF 1,803
THE JUDGMENT DEBTOR'S PAY PERIOD IS
MONTHLY, ENTER ON LINE 4(C) AN 1,804
AMOUNT EQUAL TO TWENTY-FIVE PER CENT
(25%) OF THE JUDGMENT DEBTOR'S 1,805
DISPOSABLE EARNINGS SET FORTH ON
LINE 4(B). 4(C)......... 1,806
5. (A) If the judgment 1,807
debtor is paid weekly, enter thirty
times the current federal minimum 1,809
hourly wage; if paid bi-weekly
BIWEEKLY, enter sixty times the 1,810
current federal minimum hourly wage; 1,811
if paid semi-monthly SEMIMONTHLY, 1,812
enter sixty-five times the current 1,813
federal minimum hourly wage; if paid
monthly, enter one hundred thirty 1,814
times the current federal minimum
hourly wage: (6A)5(A) $... 1,815
(B) Enter the amount by which 1,816
the amount on line 4(B) exceeds the 1,817
amount on line 6(A)5(A): (6B)5(B) $... 1,818
7.6. Enter ON LINE 6 the 1,819
smallest of the amount entered on 1,820
line 54(C); or the amount entered on 1,822
line 65(B); or the total probable
amount now due on the judgment, 1,823
including interest and costs, as 1,824
indicated in section A of this form.
Pay this THE amount ENTERED ON LINE 1,827
42
6 into THIS court when returning 1,828
this form: (7)6 $....... 1,829
I certify that the statements above are true. 1,831
.............................. 1,832
(Print Name of Employer) 1,833
.............................. 1,834
(Print Name and Title of 1,835
Person Who Completed Form)
Signed ......................................................... 1,837
(Signature of Person Completing Form) 1,839
Dated this ........... day of ..........., 19....." 1,841
The copies of the order and notice of garnishment shall be 1,843
served upon the garnishee in the same manner as a summons is 1,844
served.
Section A of the form described in this section shall be 1,846
filled in COMPLETED before service. Section B of the form shall 1,847
be filled in COMPLETED by the garnishee, and the original filed 1,849
GARNISHEE SHALL FILE ONE COMPLETED AND SIGNED COPY OF THE FORM 1,850
with the CLERK OF THE court as the garnishee's answer. The 1,851
garnishee may keep one completed AND SIGNED copy OF THE FORM and 1,852
shall deliver the other completed AND SIGNED copy OF THE FORM to 1,853
the judgment debtor not later than the time THAT the garnishee 1,854
otherwise would pay the judgment debtor the PERSONAL earnings, 1,855
which THAT the garnishee instead is paying to the court. The 1,856
garnishee also shall deliver at that time the two copies of the 1,857
notice to the judgment debtor and hearing request form described 1,858
in section 2716.06 of the Revised Code that were served on the 1,859
garnishee.
No employer shall discharge an employee solely because of 1,861
the successful garnishment of the employee's personal earnings by 1,863
only one judgment creditor in any twelve-month period.
If there are several AFFIDAVITS SEEKING orders of 1,865
garnishment of personal earnings ARE FILED against the same 1,866
judgment debtor IN ACCORDANCE WITH SECTION 2716.03 OF THE REVISED 1,867
43
CODE, they THE COURT INVOLVED shall be issued ISSUE THE REQUESTED 1,868
ORDERS in the same order in which they were THE CLERK received by 1,869
the clerk ASSOCIATED AFFIDAVITS. 1,870
Sec. 2716.06. (A) The notice to the judgment debtor that 1,879
must be served on the garnishee and delivered to the judgment 1,880
debtor shall be in substantially the following form: 1,881
"(Name and Address of the Court) 1,883
(Case Caption) Case No. ....... 1,885
NOTICE TO THE JUDGMENT DEBTOR 1,887
You are hereby notified that this court has issued an order 1,889
in the above case in favor of (name and address of judgment 1,890
creditor), the judgment creditor in this proceeding, directing 1,891
that some of your personal earnings, now in the possession of 1,892
your employer, be used to satisfy some of IN SATISFACTION OF your 1,894
debt to the judgment creditor instead of being paid to you. This 1,895
order was issued on the basis of the judgment creditor's judgment 1,896
against you that was obtained in (name of court) in (case number) 1,897
on (date). 1,898
The law of Ohio provides that you are entitled to keep a 1,900
certain amount of your personal earnings free from the claims of 1,901
creditors. Additionally, wages under a certain amount may never 1,902
be used to satisfy the claims of creditors. The documents 1,903
entitled "ORDER AND NOTICE OF GARNISHMENT AND ANSWER OF EMPLOYER" 1,904
that are enclosed with this notice show how the amount proposed 1,905
to be taken out of your personal earnings was calculated by your 1,906
employer. 1,907
If you dispute the judgment creditor's right to garnish 1,909
your personal earnings and believe that you are entitled to 1,910
possession of the personal earnings because they are exempt or if 1,911
you feel that this order is improper for any other reason, you 1,912
may request a hearing before this court by disputing the claim in 1,913
the request for hearing form, appearing below, or in a 1,914
substantially similar form, and delivering the request for 1,915
hearing to this court at the above address, at the office of the 1,916
44
clerk of this court, no later than the end of the fifth business 1,917
day after you receive this notice. You may state your reasons 1,918
for disputing the judgment creditor's right to garnish your 1,919
personal earnings in the space provided on the form; however, you 1,920
are not required to do so. If you do state your reasons for 1,921
disputing the judgment creditor's right, you are not prohibited 1,922
from stating any other reason at the hearing, and if. IF you do 1,924
not state your reasons, it will not be held against you by the 1,925
court, and you can state your reasons at the hearing. NO 1,926
OBJECTIONS TO THE JUDGMENT ITSELF WILL BE HEARD OR CONSIDERED AT 1,927
THE HEARING. THE
If you request a hearing, the hearing will be limited to a 1,929
consideration of the amount of your wages in the hands of your 1,930
employer PERSONAL EARNINGS, if any, that can be used to satisfy 1,931
all or part IN SATISFACTION of the judgment you owe to the 1,932
judgment creditor. No objections to the judgment itself will be 1,934
heard or considered at that hearing.
If you request a hearing by delivering your request for 1,936
hearing no later than the end of the fifth business day after you 1,937
receive this notice, it will be conducted no later than twelve 1,938
days after your request is received by the court, and the court 1,939
will send you notice of the date, time, and place. You may 1,940
indicate in the form that you feel that the need for the hearing 1,941
is an emergency and that it should be given priority by the 1,942
court. If you do so, the court will schedule the hearing as soon 1,943
as practicable after your request is received, and will send you 1,944
notice of the date, time, and place. If you do not request a 1,945
hearing by delivering your request for hearing no later than the 1,946
end of the fifth business day after you receive this notice, some 1,947
of your personal earnings will be paid to the judgment creditor. 1,948
If you have any questions concerning this matter, you may 1,950
contact the office of the clerk of this court. If you want legal 1,951
representation, you should contact your lawyer immediately. If 1,952
you need the name of a lawyer, contact the local bar association. 1,954
45
............................. 1,954
Clerk of the Court 1,955
............................. 1,956
Date" 1,957
(B) The hearing request form that must be served on the 1,959
garnishee and delivered to the judgment debtor shall have 1,960
attached to it a postage-paid, self-addressed envelope or shall 1,961
be on a postage-paid, self-addressed postcard, and shall be in 1,962
substantially the following form: 1,963
"(Name and Address of Court) 1,965
Case Number .......... Date .......... 1,967
REQUEST FOR HEARING 1,969
I dispute the indicated judgment creditor's right to 1,971
garnish my personal earnings in the above case and request that a 1,972
hearing in this matter be held no later than twelve days after 1,973
delivery of this request to the court. 1,974
I ........................ feel that the need for the 1,976
(insert "do" or "do not") 1,978
hearing is an emergency. 1,980
I dispute the judgment creditor's right to garnish my 1,982
personal earnings for the following reasons: 1,983
................................................................. 1,984
(Optional) 1,986
................................................................. 1,987
................................................................. 1,988
I UNDERSTAND THAT NO OBJECTIONS TO THE JUDGMENT ITSELF WILL 1,991
BE CONSIDERED AT THE HEARING.
............................. 1,992
(Name of Judgment Debtor) 1,993
............................. 1,994
(Signature) 1,995
............................. 1,996
(Date) 1,997
WARNING: IF YOU DO NOT DELIVER THIS REQUEST FOR HEARING OR 1,999
46
A REQUEST IN A SUBSTANTIALLY SIMILAR FORM TO THE OFFICE OF THE () 2,000
CLERK OF THIS COURT WITHIN FIVE (5) BUSINESS DAYS OF YOUR RECEIPT 2,001
OF IT, YOU WAIVE YOUR RIGHT TO A HEARING, AND SOME OF YOUR 2,002
PERSONAL EARNINGS NOW IN THE POSSESSION OF (EMPLOYER'S NAME) WILL 2,004
BE PAID TO (JUDGMENT CREDITOR'S NAME) TO SATISFY SOME IN 2,005
SATISFACTION OF YOUR DEBT TO HIM THE JUDGMENT CREDITOR." 2,007
(C) Judgment THE JUDGMENT debtor may receive a hearing in 2,009
accordance with this division by delivering a written request for 2,010
A hearing to the clerk of the court within five business days 2,011
after receipt of the notice provided pursuant to division (A) of 2,012
this section. The request may set forth the judgment debtor's 2,013
reasons for disputing the judgment creditor's right to garnish 2,014
the personal earnings; however, neither the judgment debtor's 2,015
inclusion of nor his THE JUDGMENT DEBTOR'S failure to include 2,016
such THOSE reasons upon the request constitutes a waiver of any 2,018
defense of the judgment debtor or affects the judgment debtor's 2,019
right to produce evidence at any THE hearing. If the request is 2,020
made by the judgment debtor within the prescribed time, the court 2,021
shall schedule a hearing no later than twelve days after the 2,022
request is made, unless the judgment debtor indicated that the he 2,023
JUDGMENT DEBTOR felt the need for the hearing was an emergency, 2,024
in which case the court shall schedule the hearing as soon as 2,025
practicable after the request is made. Notice of the date, time, 2,026
and place of the hearing shall be sent to the parties in 2,027
accordance with division (E) of this section. The hearing shall 2,028
be limited to a consideration of the amount of wages THE PERSONAL 2,029
EARNINGS of the judgment debtor in the hands of the garnishee, if 2,030
any, that can be used to satisfy all or part IN SATISFACTION of 2,031
the debt owed by the judgment debtor to the judgment creditor. 2,032
(D) If the judgment debtor does not request a hearing 2,034
within the prescribed time pursuant to division (C) of this 2,035
section, the court shall issue an order to the garnishee to pay 2,036
all or some of the wages the garnishee owes to the judgment 2,037
debtor DEBTOR'S PERSONAL EARNINGS into court, if they have not 2,038
47
already been paid to the court. This order shall be based on the 2,040
answer of the garnishee filed pursuant to section 2716.05 of the 2,041
Revised Code. If a hearing is conducted, the court shall 2,042
determine at the hearing the amount of the wages the garnishee 2,043
owes to the judgment debtor DEBTOR'S PERSONAL EARNINGS, if any, 2,044
that can be used to satisfy all or part IN SATISFACTION of the 2,045
debt owed by the judgment debtor to the judgment creditor, and 2,046
issue an order, accordingly, to the garnishee to pay that amount 2,047
of the wages PERSONAL EARNINGS into court if it has not already 2,048
been paid to the court. 2,050
(E) If the judgment debtor requests a hearing within the 2,052
prescribed time pursuant to division (C) of this section, THE 2,053
CLERK SHALL SEND A notice of the date, time, and place of the 2,054
hearing shall be sent by regular mail to the judgment creditor 2,056
and the judgment debtor by the clerk. 2,057
Sec. 2716.07. (A) SUBJECT TO DIVISIONS (C)(1) AND (D) OF 2,061
SECTION 2716.041 AND SECTION 2716.05 OF THE REVISED CODE, A 2,064
GARNISHEE TO WHOM A MUNICIPAL OR COUNTY COURT OR COURT OF COMMON 2,065
PLEAS ISSUES A CONTINUOUS ORDER OF GARNISHMENT OF PERSONAL 2,066
EARNINGS SHALL PAY TO THE COURT WITHIN THIRTY DAYS AFTER THE END 2,067
OF EACH PAY PERIOD OF THE JUDGMENT DEBTOR THE AMOUNT THAT THE 2,068
ORDER SPECIFIES TO BE WITHHELD FROM THE JUDGMENT DEBTOR'S 2,069
PERSONAL EARNINGS DURING EACH PAY PERIOD OF THE JUDGMENT DEBTOR 2,070
FOLLOWING THE GARNISHEE'S RECEIPT OF THE ORDER. THE PAYMENT TO 2,071
THE COURT OF THAT AMOUNT SHALL BE ACCOMPANIED BY THE GARNISHEE'S 2,072
INTERIM REPORT AND ANSWER THAT SHALL BE SUBSTANTIALLY IN THE 2,073
FOLLOWING FORM:
"INTERIM REPORT AND ANSWER OF GARNISHEE" 2,075
CASE NO. ..................... 2,077
IN THE...................COURT 2,078
........................, OHIO 2,079
.........., JUDGMENT CREDITOR 2,080
vs. 2,082
.........., JUDGMENT DEBTOR 2,084
48
THE GARNISHEE, ......, IN THE ABOVE CASE STATES AS FOLLOWS: 2,087
1. THE DATE THAT THE GARNISHEE RECEIVED THE ORDER OF 2,089
GARNISHMENT OF THE JUDGMENT DEBTOR'S PERSONAL EARNINGS WAS 2,090
......................... 2,091
2. THE TOTAL PROBABLE AMOUNT DUE ON THE JUDGMENT, 2,093
INCLUDING COURT COSTS, JUDGMENT INTEREST, AND, IF APPLICABLE, 2,094
PREJUDGMENT INTEREST, AS STATED IN SECTION A OF THE ORDER OF 2,096
GARNISHMENT OF THE JUDGMENT DEBTOR'S PERSONAL EARNINGS, IS 2,097
$..................... 2,098
3. THE AMOUNT THAT HAS BEEN WITHHELD FROM THE JUDGMENT 2,100
DEBTOR'S PERSONAL EARNINGS DURING THE JUDGMENT DEBTOR'S PRESENT 2,101
PAY PERIOD (WHICH AMOUNT REPRESENTS THE AMOUNT SPECIFIED ON LINE 2,103
6 OF THE "ANSWER OF EMPLOYER (GARNISHEE)" UNLESS OTHERWISE 2,105
STATED) AND THAT IS SUBMITTED WITH THIS "INTERIM REPORT AND 2,107
ANSWER" IS $................. 2,108
I CERTIFY THAT THE STATEMENTS ABOVE ARE TRUE. 2,110
.............................. 2,112
(PRINT NAME OF EMPLOYER) 2,114
.............................. 2,115
(PRINT NAME AND TITLE OF 2,117
PERSON WHO COMPLETED FORM)
SIGNED .......................................................... 2,120
(SIGNATURE OF PERSON WHO COMPLETED FORM) 2,123
DATED THIS ............... DAY OF..............., ......." 2,126
(B) ONE COPY OF THE INTERIM REPORT AND ANSWER SHALL BE 2,129
SERVED UPON THE GARNISHEE IN ACCORDANCE WITH SECTION 2716.05 OF 2,130
THE REVISED CODE. THE GARNISHEE MAY PHOTOCOPY THAT COPY FOR USE 2,133
IN ACCORDANCE WITH DIVISION (A) OF THIS SECTION AND DIVISION 2,135
(C)(4) OF SECTION 2716.041 OF THE REVISED CODE. 2,137
Sec. 2716.08. (A) SUBJECT TO DIVISION (D) OF SECTION 2,139
2716.041 OF THE REVISED CODE, IF A CONTINUOUS ORDER OF 2,140
GARNISHMENT OF PERSONAL EARNINGS CEASES TO REMAIN IN EFFECT 2,141
BECAUSE OF THE OPERATION OF DIVISION (C)(1) OF THAT SECTION, THE 2,143
GARNISHEE SHALL FILE WITH THE MUNICIPAL OR COUNTY COURT OR COURT 2,144
49
OF COMMON PLEAS THAT ISSUED THE ORDER THE GARNISHEE'S FINAL 2,145
REPORT AND ANSWER THAT SHALL BE SUBSTANTIALLY IN THE FOLLOWING 2,146
FORM:
"FINAL REPORT AND ANSWER OF GARNISHEE" 2,148
CASE NO. ..................... 2,150
IN THE...................COURT 2,151
........................, OHIO 2,152
.........., JUDGMENT CREDITOR 2,153
vs. 2,155
.........., JUDGMENT DEBTOR 2,157
THE GARNISHEE, .................., IN THE ABOVE CASE STATES 2,160
AS FOLLOWS: 2,161
1. THE DATE THAT THE GARNISHEE RECEIVED THE ORDER OF 2,163
GARNISHMENT OF THE JUDGMENT DEBTOR'S PERSONAL EARNINGS WAS 2,164
......................... 2,165
2. THE TOTAL PROBABLE AMOUNT DUE ON THE JUDGMENT, 2,167
INCLUDING COURT COSTS, JUDGMENT INTEREST, AND, IF APPLICABLE, 2,168
PREJUDGMENT INTEREST, AS STATED IN SECTION A OF THE ORDER OF 2,170
GARNISHMENT OF THE JUDGMENT DEBTOR'S PERSONAL EARNINGS, IS 2,171
$..................... 2,172
3. THE TOTAL AMOUNT THAT HAS BEEN WITHHELD FROM THE 2,174
JUDGMENT DEBTOR'S PERSONAL EARNINGS AND PAID TO THE COURT WHILE 2,175
THE ORDER OF GARNISHMENT OF THE JUDGMENT DEBTOR'S PERSONAL 2,176
EARNINGS REMAINED IN EFFECT IS $...................... 2,178
4. (WHEN APPLICABLE) THE TOTAL PROBABLE AMOUNT DUE ON THE 2,180
JUDGMENT (AS STATED IN 2 ABOVE) IS NOT EQUAL TO THE TOTAL AMOUNT 2,181
THAT HAS BEEN WITHHELD (AS STATED IN 3 ABOVE), AND THE REASON FOR 2,183
THAT DIFFERENCE IS THAT THE ORDER OF GARNISHMENT OF THE JUDGMENT 2,184
DEBTOR'S PERSONAL EARNINGS CEASED TO BE IN EFFECT FOR THE 2,185
FOLLOWING STATUTORILY PRESCRIBED REASON(S) (CHECK WHICHEVER
APPLY): 2,186
(a) ..... A MUNICIPAL OR COUNTY COURT APPOINTED A TRUSTEE 2,189
FOR THE JUDGMENT DEBTOR AND ISSUED AN ORDER THAT STAYS THE ORDER 2,190
OF GARNISHMENT OF THE JUDGMENT DEBTOR'S PERSONAL EARNINGS. 2,191
50
(b) ..... A FEDERAL BANKRUPTCY COURT ISSUED AN ORDER THAT 2,194
STAYS THE ORDER OF GARNISHMENT OF THE JUDGMENT DEBTOR'S PERSONAL 2,195
EARNINGS.
(c) ..... A MUNICIPAL OR COUNTY COURT OR A COURT OF 2,198
COMMON PLEAS ISSUED ANOTHER ORDER OF GARNISHMENT OF PERSONAL 2,199
EARNINGS THAT RELATES TO THE JUDGMENT DEBTOR AND A DIFFERENT 2,200
JUDGMENT CREDITOR, AND OHIO OR FEDERAL LAW PROVIDES THE OTHER 2,202
ORDER A HIGHER PRIORITY. (SET FORTH THE NAME OF THE COURT THAT 2,203
ISSUED THE HIGHER PRIORITY ORDER, THE ASSOCIATED CASE NUMBER, THE 2,204
DATE THAT THE HIGHER PRIORITY ORDER WAS RECEIVED, AND THE BALANCE 2,205
DUE TO THE RELEVANT JUDGMENT CREDITOR UNDER THAT ORDER): ....... 2,207
................................................................. 2,209
(d) ..... A MUNICIPAL OR COUNTY COURT OR A COURT OF 2,212
COMMON PLEAS ISSUED ANOTHER ORDER OF GARNISHMENT OF PERSONAL 2,213
EARNINGS THAT RELATES TO THE JUDGMENT DEBTOR AND A DIFFERENT 2,214
JUDGMENT CREDITOR AND THAT IS NOT DESCRIBED IN 4(c) ABOVE. (SET 2,215
FORTH THE NAME OF THE COURT THAT ISSUED THE SUBSEQUENTLY RECEIVED 2,217
ORDER, THE ASSOCIATED CASE NUMBER, THE DATE THAT THE SUBSEQUENT 2,218
ORDER WAS RECEIVED, AND THE BALANCE DUE TO THE RELEVANT JUDGMENT 2,219
CREDITOR UNDER THAT ORDER): .................................... 2,220
................................................................. 2,222
................................................................. 2,224
I CERTIFY THAT THE STATEMENTS ABOVE ARE TRUE. 2,226
.............................. 2,228
(PRINT NAME OF EMPLOYER) 2,230
.............................. 2,231
(PRINT NAME AND TITLE OF 2,233
PERSON WHO COMPLETED FORM)
SIGNED .......................................................... 2,236
(SIGNATURE OF PERSON WHO COMPLETED FORM) 2,239
DATED THIS ............... DAY OF .........., .................." 2,241
(B) ONE COPY OF THE FINAL REPORT AND ANSWER SHALL BE 2,244
SERVED UPON THE GARNISHEE IN ACCORDANCE WITH SECTION 2716.05 OF 2,245
THE REVISED CODE. THE GARNISHEE SHALL USE THE FINAL REPORT AND 2,248
51
ANSWER IN ACCORDANCE WITH DIVISION (A) OF THIS SECTION AND 2,249
DIVISION (C)(5) OF SECTION 2716.041 OF THE REVISED CODE. 2,252
Sec. 2716.09. A MUNICIPAL OR COUNTY COURT OR COURT OF 2,255
COMMON PLEAS DOES NOT HAVE JURISDICTION TO MODIFY AND INTERRUPT 2,256
THE PROCESSING OF AN ORDER OF GARNISHMENT OF PERSONAL EARNINGS 2,257
THAT THAT COURT ISSUED IN A PROCEEDING IN GARNISHMENT OF PERSONAL 2,258
EARNINGS UNDER THIS CHAPTER UNLESS ALL OF THE FOLLOWING APPLY: 2,259
(A) THE JUDGMENT CREDITOR AND THE JUDGMENT DEBTOR 2,262
ASSOCIATED WITH THAT ORDER JOINTLY APPLY TO THAT COURT FOR THE 2,263
MODIFICATION AND INTERRUPTION. 2,264
(B) THAT JUDGMENT CREDITOR AND JUDGMENT DEBTOR JOINTLY 2,267
AGREE THAT THE AMOUNT OF THE JUDGMENT DEBTOR'S PERSONAL EARNINGS 2,268
THAT IS REQUIRED TO BE WITHHELD DURING EACH PAY PERIOD UNDER THAT 2,269
COURT'S ORDER SHOULD BE MODIFIED TO A MUTUALLY AGREED UPON AND 2,270
SPECIFIED AMOUNT AND THAT THE GARNISHEE SHOULD WITHHOLD THAT 2,271
SPECIFIED AMOUNT UNTIL THE JUDGMENT IN FAVOR OF THE JUDGMENT 2,272
CREDITOR AND THE ASSOCIATED COURT COSTS, JUDGMENT INTEREST, AND, 2,273
IF APPLICABLE, PREJUDGMENT INTEREST AWARDED TO THE JUDGMENT 2,274
CREDITOR HAVE BEEN PAID IN FULL OR UNTIL THAT COURT'S ORDER 2,275
OTHERWISE CEASES TO REMAIN IN EFFECT UNDER DIVISION (C)(1) OF 2,277
SECTION 2716.041 OF THE REVISED CODE. 2,279
(C) THAT COURT ENTERS AN ORDER THAT APPROVES OF THE 2,282
MODIFICATION DESCRIBED IN DIVISION (B) OF THIS SECTION AND CAUSES 2,283
A COPY OF THAT ORDER TO BE SERVED UPON THE GARNISHEE IN THE SAME 2,284
MANNER AS PROCESS IS SERVED. 2,285
Sec. 2716.11. A proceeding for garnishment of property, 2,294
other than personal earnings, may be commenced after a judgment 2,295
has been obtained by a judgment creditor by the filing of an 2,296
affidavit in writing made by the judgment creditor, his agent, or 2,297
his THE JUDGMENT CREDITOR'S attorney setting forth ALL OF THE 2,298
FOLLOWING:
(A) The name of the judgment debtor whose property, other 2,300
than personal earnings, the judgment creditor seeks to garnish; 2,301
(B) That the affiant has good reason to believe and does 2,303
52
believe that the person named in the affidavit as the garnishee 2,304
has property, other than personal earnings, of the judgment 2,305
debtor that is not exempt under the law of this state or the 2,306
United States;
(C) A description of the property. 2,308
Sec. 2716.13. (A) Upon the filing of a proceeding in 2,317
garnishment of property, other than personal earnings, under 2,318
section 2716.11 of the Revised Code, the court shall cause the 2,319
matter to be set for hearing within twelve days thereafter AFTER 2,320
THAT FILING. 2,321
(B) Upon the scheduling of a hearing relative to a 2,323
proceeding in garnishment of property, other than personal 2,324
earnings, under division (A) of this section, the clerk of the 2,325
court immediately shall issue to the garnishee three copies of 2,326
the order of garnishment of property, other than personal 2,327
earnings, together with the garnishee's fee required by section 2,328
2716.12 of the Revised Code and with a written notice that the 2,329
garnishee answer as provided in section 2716.21 of the Revised 2,330
Code. The copies of the order and notice shall be served upon 2,331
the garnishee in the same manner as for the service of a summons 2,332
IS SERVED. In no case shall the order and notice be served later 2,334
than seven days prior to the date on which the hearing is 2,335
scheduled. The order shall bind the property, other than 2,336
personal earnings, of the judgment debtor in the possession of 2,337
the garnishee at the time of service. 2,338
The order of garnishment of property, other than personal 2,340
earnings, and notice to answer, three copies of which shall be 2,341
served upon the garnishee, shall be in substantially the 2,342
following form: 2,343
"ORDER AND NOTICE OF GARNISHMENT 2,345
OF PROPERTY OTHER THAN PERSONAL EARNINGS 2,346
AND ANSWER OF GARNISHEE 2,347
Docket No. ............. 2,349
Case No. ............... 2,350
53
In the ........... Court 2,351
.................., Ohio 2,352
The State of Ohio 2,353
County of ............, ss 2,354
..................., Judgment Creditor 2,355
vs vs. 2,356
..................., Judgment Debtor 2,357
SECTION A. COURT ORDER AND NOTICE OF GARNISHMENT 2,358
To: ...................., Garnishee 2,359
The judgment creditor in the above case has filed an 2,361
affidavit, satisfactory to the undersigned, in the .............. 2,362
THIS Court stating that you have money, property, or credits, 2,364
other than personal earnings, in your hands or under your control 2,365
that belong to the judgment debtor in the case, and that some of 2,366
the money, property, or credits may not be exempt from execution 2,367
or garnishment under the laws of the State of Ohio or the laws of 2,368
the United States. 2,369
You are therefore ordered to complete THE "ANSWER OF 2,371
GARNISHEE" IN section (B) of this form, and return the completed 2,374
original of this form, together with any amount shown due on it, 2,375
to the ........... Court not later than .......... RETURN ONE 2,376
COMPLETED AND SIGNED COPY OF THIS FORM TO THE CLERK OF THIS COURT 2,377
TOGETHER WITH THE AMOUNT DETERMINED IN ACCORDANCE WITH THE 2,379
"ANSWER OF GARNISHEE" BY THE FOLLOWING DATE ON WHICH A HEARING IS 2,380
TENTATIVELY SCHEDULED RELATIVE TO THIS ORDER OF GARNISHMENT: 2,382
............ Deliver one completed copy of this form to the 2,384
indicated judgment debtor PRIOR TO THAT DATE. Keep the other 2,385
COMPLETED AND SIGNED copy OF THIS FORM for your files. 2,386
The total probable amount now due on this judgment, 2,388
including interest and court costs, is $................ THE 2,390
TOTAL PROBABLE AMOUNT NOW DUE INCLUDES THE UNPAID PORTION OF THE 2,391
JUDGMENT IN FAVOR OF THE JUDGMENT CREDITOR, WHICH IS $........; 2,392
INTEREST ON THAT JUDGMENT AND, IF APPLICABLE, PREJUDGMENT 2,393
INTEREST RELATIVE TO THAT JUDGMENT AT THE RATE OF .....% PER 2,394
54
ANNUM PAYABLE UNTIL THAT JUDGMENT IS SATISFIED IN FULL; AND COURT 2,395
COSTS IN THE AMOUNT OF $........... 2,396
You also are ordered to hold safely anything of value that 2,398
belongs to the indicated judgment debtor AND that has to be paid 2,399
to the court, as determined under THE "ANSWER OF GARNISHEE" IN 2,401
section (B) of this form, but that is of such a nature that it 2,403
cannot be so delivered, until further order of the court. 2,404
Witness my hand and the seal of this court this .......... 2,406
day of .........., 19...... 2,407
............................... 2,409
Judge 2,410
SECTION B. ANSWER OF GARNISHEE 2,412
Now comes ........., the garnishee, who says: 2,414
1. That the garnishee has money, property, or credits, 2,416
other than personal earnings, of the indicated judgment debtor 2,417
under the garnishee's control and in the garnishee's possession. 2,419
.......... .......... ................................... 2,423
yes no if yes, amount 2,426
2. Said THAT property is described as: 2,429
3. If the answer to line 1 is "yes" and the amount is less 2,431
than the probable amount now due on the judgment, including 2,432
interest and costs, as indicated in section (A) of this form, 2,433
sign and return this form and pay the amount of line 1 to the 2,434
clerk of this court. 2,435
4. If the answer to line 1 is "yes" and the amount is 2,437
greater than that probable amount now due ON THE JUDGMENT, AS 2,438
INDICATED IN SECTION (A) OF THIS FORM, sign and return this form 2,440
and pay that probable amount now due to the clerk of this court. 2,441
5. If the answer to line 1 is "yes" but the money, 2,443
property, or credits are of such a nature that they cannot be 2,444
delivered to the clerk of the court, indicate that by placing an 2,445
"X" in this space: ...... Do not dispose of that money, 2,446
property, or credits or give them to anyone else until further 2,447
55
order of the court. 2,448
6. If the answer to line 1 is "no," sign and return this 2,450
form to the clerk of this court. 2,451
I certify that the statements above are true. 2,454
............................. 2,454
(Print Name of Garnishee) 2,456
............................. 2,458
(Print Name and Title of 2,460
Person Who Completed Form) 2,462
Signed .................................................... 2,464
(Signature of Person Completing Form) 2,466
Dated this .......... day of .......... 19,....." 2,468
Section A of the form described in this division shall be 2,470
filled in COMPLETED before service. Section B of the form shall 2,471
be filled in COMPLETED by the garnishee, and the original filed 2,473
GARNISHEE SHALL FILE ONE COMPLETED AND SIGNED COPY OF THE FORM 2,474
with the CLERK OF THE court as the garnishee's answer. The 2,476
garnishee may keep one completed AND SIGNED copy OF THE FORM and 2,477
shall deliver the other completed AND SIGNED copy OF THE FORM to 2,478
the judgment debtor. 2,479
If there are several AFFIDAVITS SEEKING orders of 2,481
garnishment of property, other than personal earnings, ARE FILED 2,483
against the same judgment debtor IN ACCORDANCE WITH SECTION 2,484
2716.11 OF THE REVISED CODE, they THE COURT INVOLVED shall be 2,485
issued ISSUE THE REQUESTED ORDERS in the same order in which they 2,486
were THE CLERK received by the clerk ASSOCIATED AFFIDAVITS. 2,488
(C)(1) At the time of the filing of a proceeding in 2,490
garnishment of property, other than personal earnings, under 2,491
section 2716.11 of the Revised Code, the judgment creditor also 2,492
shall file with the clerk of the court a praecipe instructing the 2,493
clerk to issue to the judgment debtor a notice and a hearing 2,494
request form. Upon receipt of the praecipe and the scheduling of 2,495
a hearing relative to an action in garnishment of property, other 2,496
than personal earnings, under division (A) of this section, the 2,497
56
clerk of the court immediately shall serve upon the judgment 2,498
debtor, in accordance with division (D) of this section, two 2,499
copies of the notice to the judgment debtor and hearing request 2,500
form. In no case shall the copies of the notice and hearing 2,501
request form be served later than seven days prior to the date on 2,502
which the hearing is scheduled. 2,503
(a) The notice to the judgment debtor that must be served 2,505
upon the judgment debtor shall be in substantially the following 2,506
form: 2,507
"(Name and Address of the Court) 2,509
(Case Caption) ........... Case No. ........... 2,511
NOTICE TO THE JUDGMENT DEBTOR 2,513
You are hereby notified that this court has issued an order 2,515
in the above case in favor of (name and address of judgment 2,516
creditor), the judgment creditor in this proceeding, directing 2,517
that some of your money, property, or credits, other than 2,518
personal earnings, now in the possession of (name and address of 2,519
garnishee), the garnishee in this proceeding, be used to satisfy 2,520
your debt to the judgment creditor. This order was issued on the 2,521
basis of the judgment creditor's judgment against you that was 2,522
obtained in (name of court) in (case number) on (date). Upon 2,523
your receipt of this notice, you are prohibited from removing or 2,524
attempting to remove such THE money, property, or credits until 2,525
expressly permitted by the court. Any violation of this 2,526
prohibition subjects you to punishment for contempt of court. 2,527
The law of Ohio and the United States provides that certain 2,529
benefit payments cannot be taken from you to pay a debt. Typical 2,530
among the benefits that cannot be attached or executed upon by a 2,531
creditor are THE FOLLOWING: 2,532
(1) Workers' compensation benefits; 2,534
(2) Unemployment compensation payments; 2,536
(3) Cash assistance payments under the Ohio works first 2,539
program;
(4) Disability assistance administered by the Ohio 2,541
57
department of human services; 2,542
(5) Social security benefits; 2,544
(6) Supplemental security income (S.S.I.); 2,546
(7) Veteran's benefits; 2,548
(8) Black lung benefits; 2,550
(9) Certain pensions. 2,552
Additionally, wages under a certain amount may not be taken 2,554
to pay the debt. There may be other benefits not included in the 2,555
above list that apply in your case. 2,556
If you dispute the judgment creditor's right to garnish 2,558
your property and believe that the judgment creditor should not 2,559
be given your money, property, or credits, other than personal 2,560
earnings, now in the possession of the indicated garnishee 2,561
because they are exempt or if you feel that this order is 2,562
improper for any other reason, you may request a hearing before 2,563
this court by disputing the claim in the request for hearing 2,564
form, appearing below, or in a substantially similar form, and 2,565
delivering the request for hearing to this court at the above 2,566
address, at the office of the clerk of this court no later than 2,567
the end of the fifth business day after you receive this notice. 2,568
You may state your reasons for disputing the judgment creditor's 2,569
right to garnish your property in the space provided on the form 2,570
but; HOWEVER, you are not required to do so. If you do state 2,572
your reasons for disputing the judgment creditor's right, you are 2,573
not prohibited from stating any other reason at the hearing, and 2,574
if. IF you do not state your reasons, it will not be held 2,576
against you by the court, and you can state your reasons at the 2,577
hearing. NO OBJECTIONS TO THE JUDGMENT ITSELF WILL BE HEARD OR 2,578
CONSIDERED AT THE HEARING. IF
If you request a hearing, the hearing will be limited to a 2,580
consideration of the amount of your money, property, or credits, 2,581
other than personal earnings, in the possession or control of the 2,582
indicated garnishee, if any, that can be used to satisfy all or 2,583
part of the judgment you owe to the judgment creditor. No 2,584
58
objections to the judgment itself will be heard or considered at 2,585
any such hearing. 2,586
If you request a hearing by delivering your request for 2,588
hearing no later than the end of the fifth business day after you 2,589
receive this notice, it will be conducted in .......... courtroom 2,590
.........., (address of court), at ..... m. on .........., 2,592
19...... You may request the court to conduct the hearing before
this date by indicating your request in the space provided on the 2,593
form; the court then will send you notice of any change in the 2,594
date, time, or place of the hearing. If you do not request a 2,595
hearing by delivering your request for A hearing no later than 2,596
the end of the fifth business day after you receive this notice, 2,597
some of your money, property, or credits, other than personal 2,598
earnings, will be paid to the judgment creditor. 2,599
If you have any questions concerning this matter, you may 2,601
contact the office of the clerk of this court. If you want legal 2,602
representation, you should contact your lawyer immediately. If 2,603
you need the name of a lawyer, contact the local bar association. 2,604
.............................. 2,605
Clerk of the Court 2,606
.............................. 2,607
Date" 2,608
(b) The hearing request form that must be served upon the 2,610
judgment debtor shall have attached to it a postage-paid, 2,611
self-addressed envelope or shall be on a postage-paid 2,612
self-addressed postcard, and shall be in substantially the 2,613
following form: 2,614
"(Name and Address of Court) 2,616
Case Number.......... Date.......... 2,618
REQUEST FOR HEARING 2,620
I disput DISPUTE the judgment creditor' CREDITOR'S right to 2,623
garnish my money, property, or credits, other than personal 2,624
earnings, in the above case and request that a hearing in this 2,625
matter be held ........................... the date and time set 2,626
59
(Insert "on" or "earlier than") 2,628
forth in the document entitled "NOTICE OF TO THE JUDGMENT DEBTOR" 2,631
that I received with this request form. 2,632
I dispute the judgment creditor's right to garnish my 2,635
property for the following reasons:
................................................................. 2,636
(Optional) 2,637
................................................................. 2,638
................................................................. 2,639
2,640
I UNDERSTAND THAT NO OBJECTIONS TO THE JUDGMENT ITSELF WILL 2,642
BE HEARD OR CONSIDERED AT THE HEARING. 2,643
.............................. 2,644
(Name of Judgment Debtor) 2,645
.............................. 2,646
(Signature) 2,647
.............................. 2,648
(Date) 2,649
WARNING: IF YOU DO NOT DELIVER THIS REQUEST FOR HEARING OR 2,652
A REQUEST IN A SUBSTANTIALLY SIMILAR FORM TO THE OFFICE OF THE 2,653
CLERK OF THIS COURT WITHIN FIVE (5) BUSINESS DAYS OF YOUR RECEIPT 2,654
OF IT, YOU WAIVE YOUR RIGHT TO A HEARING AND SOME OF YOUR MONEY, 2,655
PROPERTY, OR CREDITS, OTHER THAN PERSONAL EARNINGS, NOW IN THE 2,656
POSSESSION OF (GARNISHEE'S NAME) WILL BE PAID TO (JUDGMENT 2,657
CREDITOR'S NAME) TO SATISFY SOME OF YOUR DEBT TO (JUDGMENT 2,659
CREDITOR'S NAME)." 2,660
(2) The judgment debtor may receive a hearing in 2,662
accordance with this division by delivering a written request for 2,663
hearing to the court within five business days after receipt of 2,664
the notice provided pursuant to division (C)(1) of this section. 2,665
The request may set forth the judgment debtor's reasons for 2,666
disputing the judgment creditor's right to garnish the money, 2,667
property, or credits, other than wages PERSONAL EARNINGS; 2,668
however, neither the judgment debtor's inclusion of nor failure 2,670
60
to include such THOSE reasons upon the request constitutes a 2,671
waiver of any defense of the judgment debtor or affects the 2,672
judgment debtor's right to produce evidence at any THE hearing. 2,673
If the request is made by the judgment debtor within the 2,675
prescribed time, the hearing shall be limited to a consideration 2,676
of the amount of money, property, or credits, other than wages 2,677
PERSONAL EARNINGS, of the judgment debtor in the hands of the 2,679
garnishee, if any, that can be used to satisfy all or part of the 2,680
debt owed by the judgment debtor to the judgment creditor. If a 2,681
request for a hearing is not received by the court within the 2,682
prescribed time, the hearing scheduled pursuant to division (A) 2,683
of this section shall be canceled unless the court grants the
judgment debtor a continuance in accordance with division (C)(3) 2,684
of this section. 2,685
(3) If the judgment debtor does not request a hearing in 2,687
the action within the prescribed time pursuant to division (C)(2) 2,688
of this section, the court nevertheless may grant a continuance 2,689
of the scheduled hearing if the judgment debtor, prior to the 2,690
time at which the hearing was scheduled, as indicated on the 2,691
notice to the judgment debtor required by division (C)(1) of this 2,692
section, establishes a reasonable justification for failure to 2,694
request the hearing within the prescribed time. If the court
grants such a continuance of the hearing, it shall cause the 2,695
matter to be set for hearing as soon as practicable thereafter. 2,696
The continued hearing shall be conducted in accordance with 2,697
division (C)(2) of this section. 2,698
(4) The court may conduct the hearing on the matter prior 2,700
to the time at which the hearing was scheduled, as indicated on 2,701
the notice to the judgment debtor required by division (C)(1) of 2,702
this section, upon the request of the judgment debtor. The 2,703
parties shall be sent notice, by the clerk of the court, by 2,704
regular mail, of any change in the date, time, or place of the 2,705
hearing. 2,706
(5) If the scheduled hearing is canceled and no 2,708
61
continuance is granted, the court shall issue an order to the 2,709
garnishee to pay all or some of the money, property, or credits, 2,710
other than wages PERSONAL EARNINGS, of the judgment debtor in the 2,712
possession of the garnishee at the time of service of the notice 2,713
and order into court if they have not already been paid to the 2,714
court. This order shall be based on the answer of the garnishee 2,715
filed pursuant to this section. If the scheduled hearing is 2,716
conducted or if it is continued and conducted, the court shall 2,717
determine at the hearing the amount of the money, property, or 2,718
credits, other than wages PERSONAL EARNINGS, of the judgment 2,719
debtor in the possession of the garnishee at the time of service 2,721
of the notice and order, if any, that can be used to satisfy all 2,722
or part of the debt owed by the judgment debtor to the judgment 2,723
creditor, and issue an order, accordingly, to the garnishee to 2,724
pay that amount into court if it has not already been paid to the 2,725
court.
(D) The notice to the judgment debtor and hearing request 2,727
form, as described in division (C) of this section, shall be sent 2,728
by the clerk by ordinary or regular mail service unless the 2,729
judgment creditor requests that service be made in accordance 2,730
with the Rules of Civil Procedure, in which case the notice and 2,731
form shall be served in accordance with the Rules of Civil 2,732
Procedure. Any court of common pleas that issues an order of 2,733
garnishment of property, other than personal earnings, under this 2,734
section has jurisdiction to serve process pursuant to this 2,735
section upon a garnishee who does not reside within the 2,736
jurisdiction of the court. Any county court or municipal court 2,737
that issues an order of garnishment of property, other than 2,738
personal earnings, under this section has jurisdiction to serve 2,739
process pursuant to this section upon a garnishee who does not 2,740
reside within the jurisdiction of the court. 2,741
Sec. 2716.21. (A) If the answer of a garnishee required 2,750
by section 2716.05 or 2716.13 of the Revised Code is not made in 2,751
writing as ordered by the court that issued the garnishment 2,752
62
order, the answer shall be made before the clerk of the court of 2,753
common pleas of the county in which the garnishee resides, or, if 2,754
the garnishee resides outside of the state, before the clerk of 2,755
the county in which the garnishee was served or in which the 2,756
action is pending. Upon receipt of an answer under this 2,757
division, the clerk shall transmit it to the clerk of the court 2,758
in which the action is pending, if different, in the same manner 2,759
as depositions are required to be directed and transmitted. For 2,760
the clerk's services, the clerk shall receive such THE fees as 2,762
are allowed by law for taking depositions and to clerks for 2,764
furnishing certificates with their seals of office attached. 2,765
(B) After written notice THE ORDER of garnishment is 2,767
served on a garnishee, as provided in section 2716.05 or 2716.13 2,769
of the Revised Code, the garnishee shall return the answer to the 2,770
court that issued the garnishment order within five business days 2,771
after receipt of the notice ORDER if the notice ORDER is served 2,773
under section 2716.05 of the Revised Code, or before the date set 2,774
for the hearing as indicated on the notice ORDER if the notice 2,775
ORDER is served under section 2716.13 of the Revised Code. The 2,776
garnishee shall answer all questions addressed to the garnishee 2,777
regarding the personal earnings owed to OF the judgment debtor 2,779
for services rendered before service of the notice, or regarding 2,780
the amount of money, property, or credits, other than personal 2,781
earnings, of the judgment debtor that are in the garnishee's 2,782
possession or under the garnishee's control at the time of 2,783
service of the notice and order, whichever is applicable. The 2,785
garnishee shall truly disclose the amount owed by the garnishee 2,786
to the judgment debtor whether due or not, and, in the case of a 2,788
corporation, any stock held therein IN THE CORPORATION by or for 2,789
the benefit of the judgment debtor. If a garnishee answers and 2,790
it is discovered that, at the TIME OF THE service of the notice 2,791
ORDER upon the garnishee, the garnishee possessed any money, 2,793
property, or credits of the judgment debtor or was indebted to 2,795
the judgment debtor, the court may order the payment of the 2,796
63
amount owed into court, or it may permit the garnishee to retain 2,797
the money, property, or credits or the amount owed upon the 2,798
garnishee's executing to the judgment creditor a bond with 2,800
sufficient surety to the effect that the amount will be paid as 2,801
the court directs.
(C) If, in a garnishee's answer, a garnishee admits an 2,803
indebtedness to the judgment debtor and the court orders the 2,805
payment of it in whole or in part to the judgment creditor, and 2,806
IF the garnishee fails to pay according to the order, execution 2,807
may issue on the order. 2,808
(D) A garnishee shall pay the personal earnings owed to 2,810
the judgment debtor or the money or value of the property or 2,811
credits, other than personal earnings, of the judgment debtor in 2,812
the garnishee's possession or under the garnishee's control at 2,814
the time of service of the notice and order OF GARNISHMENT, or so 2,815
much thereof as the court orders, into court. The garnishee 2,816
shall be discharged from liability to the judgment debtor for 2,817
money so paid, and shall not be subjected to costs beyond those 2,818
caused by the garnishee's resistance of the claims against the 2,820
garnishee. A garnishee is liable to the judgment creditor for 2,823
all money, property, and credits, other than personal earnings, 2,824
of the judgment debtor in the garnishee's possession or under the 2,826
garnishee's control or for all personal earnings due from the 2,827
garnishee to the judgment debtor, whichever is applicable, at the 2,830
time the garnishee is served with the written notice and order
required in UNDER section 2716.05 or 2716.13 of the Revised Code. 2,832
(E) If a garnishee fails to answer as required by this 2,834
section, answers but fails to answer satisfactorily, or fails to 2,835
comply with a proper order of a court in connection with a 2,836
garnishment under this chapter, the court may proceed against the 2,838
garnishee for contempt. 2,839
Upon the request of the judgment creditor, a special 2,841
examination of a garnishee may be had by the judgment creditor if 2,842
the garnishee fails to answer as required by this section, 2,843
64
answers but fails to answer satisfactorily, or fails to comply 2,844
with a proper order of a court in connection with the 2,845
garnishment. That examination may be conducted in the county in 2,846
which the garnishee resides. 2,847
(F) If a garnishee fails to answer as required by this 2,849
section, answers and the garnishee's disclosure ANSWER is not 2,850
satisfactory to the judgment creditor, or fails to comply with 2,852
the order of the court to pay the money owed or deliver the 2,853
property into court or to give the bond authorized under division 2,854
(B) of this section, the judgment creditor may proceed against 2,855
the garnishee by civil action. Thereupon, such proceedings may 2,856
be had as in other civil actions. Judgment may be rendered in 2,857
favor of the judgment creditor for the amount of money owed the 2,858
judgment debtor in the garnishee's possession at the time the 2,859
garnishee was served with the written notice and order required 2,860
in OF GARNISHMENT UNDER section 2716.05 or 2716.13 of the Revised 2,861
Code, and, IF IT APPEARS ON THE TRIAL THAT THE GARNISHEE'S ANSWER 2,863
WAS INCOMPLETE, for the costs of the proceedings against the 2,865
garnishee. The judgment creditor shall pay the costs of such an 2,866
action unless it appears on the trial that the garnishee's 2,867
disclosure was incomplete. An action authorized under this 2,869
division shall be brought in the county in which the garnishee 2,870
resides.
Sec. 3111.23. (A)(1) If an administrative officer of a 2,879
child support enforcement agency issues an administrative support 2,880
order under section 3111.20, 3111.211, or 3111.22 of the Revised 2,883
Code, the agency shall require the withholding or deduction of an 2,884
amount of the income or assets of the obligor in accordance with 2,885
division (B) of this section or require the issuance of an order 2,886
in accordance with section 3111.231 of the Revised Code to ensure 2,887
that withholding or deduction from the income or assets of the 2,889
obligor is available from the commencement of the administrative
support order for the collection of the support and any 2,890
arrearages that occur. The agency shall determine the specific 2,891
65
withholding or deduction requirements or other requirement 2,892
applicable to the obligor under the administrative support order 2,893
in accordance with division (B) of this section and section 2,894
3111.231 of the Revised Code and shall include the specific 2,895
requirements in the notices described in divisions (A)(2) and (B) 2,896
of this section or in an order described under section 3111.231 2,897
of the Revised Code. Any person required to comply with the 2,898
withholding or deduction requirements shall determine the manner 2,899
of withholding or deducting an amount of the income or assets of 2,901
the obligor in accordance with the specific requirements included
in the notices described in those divisions without the need for 2,902
any amendment to the administrative support order. Any person 2,903
required to comply with an order described in section 3111.231 of 2,904
the Revised Code shall comply without the need for any amendment 2,905
to the administrative order. The agency shall include in an 2,906
administrative support order under section 3111.20, 3111.211, or 2,907
3111.22 of the Revised Code a general provision that states the 2,908
following:
"All child support ordered by this administrative support 2,910
order shall be withheld or deducted from the income or assets of 2,912
the obligor pursuant to a withholding or deduction notice issued 2,914
in accordance with section 3111.23 of the Revised Code or a 2,915
withdrawal directive issued pursuant to section 3113.214 of the 2,916
Revised Code and shall be forwarded to the obligee in accordance
with sections 3111.23 to 3111.28 of the Revised Code." 2,918
(2) In any action in which support is ordered or modified 2,920
under an administrative support order as described in division 2,921
(A)(1) of this section, the child support enforcement agency 2,922
shall determine in accordance with division (B) of this section 2,923
or section 3111.231 of the Revised Code the types of withholding 2,924
or deduction requirements or other requirements that should be 2,925
imposed relative to the obligor under the administrative support 2,926
order to collect the support due under the order. Within fifteen 2,927
days after the obligor under the administrative support order is 2,928
66
located subsequent to the issuance of the administrative support 2,929
order or within fifteen days after the default under the 2,930
administrative support order, whichever is applicable, the agency 2,931
shall send a notice by regular mail to each person required to 2,932
comply with a withholding or deduction requirement. The notice 2,933
shall specify the withholding or deduction requirement and shall 2,934
contain all of the information set forth in division (B)(1) or 2,936
(2)(b) of this section that is applicable to the requirement. 2,937
The notices, plus the notices provided by the child support 2,938
enforcement agency that require the obligor to notify the agency 2,939
of any change in the obligor's employment status or of any other 2,940
change in the status of the obligor's assets, are final and are 2,941
enforceable by the court. The agency shall provide the notice to 2,942
the obligor in accordance with division (B)(1)(c) or (2)(c) of 2,943
this section, whichever is applicable, and shall include with 2,945
that notice the additional notices described in the particular 2,946
division that is applicable.
(3)(a) If support is ordered or modified on or after 2,948
December 31, 1993, under an administrative support order issued 2,949
under former section 3111.21 or section 3111.20, 3111.211, or 2,951
3111.22 of the Revised Code, if the child support enforcement 2,952
agency has determined in accordance with division (A)(2) of this 2,953
section the types of withholding or deduction requirements or 2,954
other requirements that should be imposed relative to the obligor 2,956
under the support order to collect the support due under the 2,957
order, if the agency has sent the appropriate withholding or
deduction notices or issued and sent an order under section 2,958
3111.231 of the Revised Code to the persons required to comply 2,959
with the withholding or deduction requirements or order that the 2,960
agency determined should be imposed, and if the agency is 2,961
notified or otherwise determines that the employment status or 2,962
other circumstances of the obligor have changed, the agency shall 2,963
conduct an investigation to determine whether it is more 2,964
appropriate to impose another type of or an additional 2,965
67
withholding or deduction requirement or order regarding the
administrative support order and shall issue and send by regular 2,966
mail one or more notices described in division (B) of this 2,967
section or an order pursuant to section 3111.231 of the Revised 2,968
Code that it determines are appropriate. The agency shall 2,969
immediately cancel any previously issued notice or order that no 2,971
longer is appropriate and send written notice of the cancellation
by regular mail to the person required to comply with the 2,972
previously issued notice or order. The notices shall be sent 2,974
within fifteen days after the obligor under the administrative 2,975
support order is located or within fifteen days after the default 2,976
under the administrative support order, whichever is applicable. 2,977
The notices shall specify the withholding or deduction 2,978
requirement and shall contain all of the information set forth in 2,979
division (B)(1)(b) or (2)(b) of this section that is applicable. 2,980
The agency shall provide the notices to the obligor in accordance 2,981
with division (B)(1)(c) or (2)(c) of this section, whichever is 2,983
applicable, and shall include with that notice the additional 2,984
notices described in the particular division that are applicable. 2,985
The notices are final and are enforceable by the court. 2,986
(b) All support orders issued prior to December 31, 1993, 2,989
under former section 3111.21 or section 3111.20 or 3111.22 of the 2,990
Revised Code that have not been modified or found in default on 2,991
or after that date shall be considered to contain the general 2,993
provision described in division (A)(1) of this section and shall 2,994
be enforced and modified in the same manner as an order for
support issued on or after December 31, 1993. 2,995
(4) If, pursuant to division (A)(2) or (A)(3)(a) of this 2,997
section, a person is sent a withholding or deduction notice 2,999
described in division (B) of this section or an order issued
under section 3111.231 of the Revised Code and the person fails 3,001
to comply with the notice or order, the child support enforcement 3,002
agency, in accordance with section 3111.28 of the Revised Code, 3,003
shall request the court to find the person in contempt pursuant 3,004
68
to section 2705.02 of the Revised Code.
(5) The department of human services shall adopt standard 3,006
forms for the support withholding and deduction notices 3,007
prescribed by divisions (A)(1) to (3) and (B) of this section. 3,008
All child support enforcement agencies shall use the forms in 3,009
complying with this section. 3,010
(B) If a child support enforcement agency is required by 3,012
division (A) of this section to issue one or more withholding or 3,013
deduction notices described in this division, the agency shall 3,014
issue one or more of the following types of notices to pay the 3,015
support required under the administrative support order in 3,016
question and to pay any arrearages: 3,017
(1)(a) If the child support enforcement agency determines 3,019
that the obligor is receiving income from a payor, the agency 3,021
shall require the payor to withhold from the obligor's income a 3,022
specified amount for support in satisfaction of the 3,023
administrative support order, to begin the withholding no later 3,024
than fourteen working days following the date the notice was 3,027
mailed to the payor under divisions (A)(2) or (3) and (B)(1)(b) 3,028
of this section or, if the payor is an employer, no later than 3,029
the first pay period that occurs after fourteen working days 3,031
following the date the notice was mailed, to send the amount 3,032
withheld to the division of child support in the department of 3,033
human services pursuant to section 5101.325 of the Revised Code, 3,034
to send that amount to the division immediately but not later 3,036
than seven working days after the date the obligor is paid, and 3,038
to continue the withholding at intervals specified in the notice 3,039
until further notice from the child support enforcement agency. 3,040
To the extent possible, the amount specified in the notice to be 3,042
withheld shall satisfy the amount ordered for support in the 3,043
administrative support order plus any arrearages that may be owed 3,044
by the obligor under any prior court or administrative support 3,045
order that pertained to the same child or spouse, notwithstanding 3,046
the ANY APPLICABLE limitations of sections 2329.66, 2329.70, 3,048
69
2716.02, 2716.041, and 2716.05 of the Revised Code. However, in 3,050
no case shall the sum of the amount specified in the notice to be 3,051
withheld and any fee withheld by the payor as a charge for its 3,052
services exceed the maximum amount permitted under section 303(b) 3,053
of the "Consumer Credit Protection Act," 15 U.S.C. 1673(b). 3,054
(b) If the agency imposes a withholding requirement under 3,056
division (B)(1)(a) of this section, the agency, within the 3,057
applicable period of time specified in division (A) of this 3,058
section, shall send to the payor by regular mail a notice that 3,061
contains all of the information set forth in divisions 3,062
(B)(1)(b)(i) to (xi) of this section. The notice is final and is 3,063
enforceable by the court. The notice shall contain all of the 3,064
following:
(i) The amount to be withheld from the obligor's income 3,066
and a statement that the amount actually withheld for support and 3,067
other purposes, including the fee described in division 3,068
(B)(1)(b)(xi) of this section, shall not be in excess of the 3,069
maximum amounts permitted under section 303(b) of the "Consumer 3,070
Credit Protection Act," 15 U.S.C. 1673(b); 3,071
(ii) A statement that the payor is required to send the 3,074
amount withheld to the division of child support immediately, but 3,075
not later than seven working days, after the obligor is paid and 3,077
is required to report to the agency the date on which the amount 3,079
was withheld from the obligor's income; 3,080
(iii) A statement that the withholding is binding upon the 3,082
payor until further notice from the agency; 3,083
(iv) A statement that if the payor is an employer, the 3,086
payor is subject to a fine to be determined under the law of this 3,087
state for discharging the obligor from employment, refusing to 3,088
employ the obligor, or taking any disciplinary action against the 3,089
obligor because of the withholding requirement; 3,090
(v) A statement that, if the payor fails to withhold 3,092
income in accordance with the provisions of the notice, the payor 3,095
is liable for the accumulated amount the payor should have 3,096
70
withheld from the obligor's income; 3,097
(vi) A statement that the withholding in accordance with 3,099
the notice and under the provisions of this section has priority 3,100
over any other legal process under the law of this state against 3,101
the same income; 3,102
(vii) The date on which the notice was mailed and a 3,104
statement that the payor is required to implement the withholding 3,106
no later than fourteen working days following the date the notice 3,107
was mailed or, if the payor is an employer, no later than the 3,108
first pay period that occurs after fourteen working days 3,110
following the date the notice was mailed and is required to 3,111
continue the withholding at the intervals specified in the 3,112
notice;
(viii) A requirement that the payor promptly notify the 3,115
child support enforcement agency, in writing, within ten working 3,116
days after the date of any situation that occurs, including, 3,117
termination of employment, layoff of the obligor, any leave of 3,118
absence of the obligor without pay, termination of workers' 3,119
compensation benefits, or termination of any pension, annuity, 3,120
allowance, or retirement benefit in which the payor ceases to pay 3,121
income in an amount sufficient to comply with the administrative 3,123
order to the obligor and provide the agency with the obligor's 3,124
last known address;
(ix) A requirement that, if the payor is an employer, the 3,127
payor identify in the notification given under division 3,128
(B)(1)(b)(viii) of this section any types of benefits other than 3,129
personal earnings that the obligor is receiving or is eligible to 3,130
receive as a benefit of employment or as a result of the 3,131
obligor's termination of employment, including, but not limited 3,132
to, unemployment compensation, workers' compensation benefits, 3,133
severance pay, sick leave, lump sum payments of retirement 3,134
benefits or contributions, and bonuses or profit-sharing payments 3,135
or distributions, and the amount of such benefits, and include in 3,136
the notification the obligor's last known address and telephone 3,137
71
number, date of birth, social security number, and case number 3,138
and, if known, the name and business address of any new employer 3,139
of the obligor;
(x) A requirement that, no later than the earlier of 3,141
forty-five days before the lump-sum payment is to be made or, if 3,142
the obligor's right to the lump-sum payment is determined less 3,143
than forty-five days before it is to be made, the date on which 3,144
that determination is made, the payor notify the child support 3,146
enforcement agency of any lump-sum payments of any kind of one 3,147
hundred fifty dollars or more that are to be paid to the obligor, 3,148
hold the lump-sum payments of one hundred fifty dollars or more 3,150
for thirty days after the date on which the lump-sum payments 3,151
otherwise would have been paid to the obligor, and, upon order of 3,153
the agency, pay any specified amount of the lump-sum payment to 3,154
the division of child support;
(xi) A statement that, in addition to the amount withheld 3,156
for support, the payor may withhold a fee from the obligor's 3,158
income as a charge for its services in complying with the notice 3,160
a specification of the amount that may be withheld.
(c) The agency shall send the notice described in division 3,162
(B)(1)(b) of this section to the obligor, and shall attach to the 3,163
notice an additional notice requiring the obligor immediately to 3,164
notify the child support enforcement agency, in writing, of any 3,165
change in employment, including self-employment, and of the 3,166
availability of any other sources of income that can be the 3,167
subject of any withholding or deduction requirement described in 3,168
division (B) of this section. The agency shall serve the notices 3,169
upon the obligor at the same time as service of the 3,170
administrative support order or, if the administrative support 3,171
order previously has been issued, shall send the notices to the 3,172
obligor by regular mail at the obligor's last known address at 3,174
the same time that it sends the notice described in division 3,175
(B)(1)(b) of this section to the payor. The notification 3,176
required of the obligor shall include a description of the nature 3,177
72
of any new employment or income source, the name, business 3,178
address, and telephone number of any new employer or income 3,179
source, and any other information reasonably required by the 3,181
agency. No obligor shall fail to give the notification as 3,182
required by division (B)(1)(c) of this section. 3,183
(2)(a) If the child support enforcement agency determines 3,185
that the obligor has funds on deposit in any account in a 3,186
financial institution under the jurisdiction of the court, the 3,187
agency may require any financial institution in which the 3,188
obligor's funds are on deposit to deduct from the obligor's 3,189
account a specified amount for support in satisfaction of the 3,190
administrative support order, to begin the deduction no later 3,191
than fourteen working days following the date the notice was 3,192
mailed to the financial institution under divisions (A)(2) or (3) 3,193
and (B)(2)(b) of this section, to send the amount deducted to the 3,195
division of child support in the department of human services
pursuant to section 5101.325 of the Revised Code, to send that 3,197
amount to the division immediately but not later than seven 3,199
working days after the date the latest deduction was made, to
provide the date on which the amount was deducted, and to 3,202
continue the deduction at intervals specified in the notice until 3,203
further notice from the agency. To the extent possible, the 3,204
amount specified in the notice to be deducted shall satisfy the 3,205
amount ordered for support in the administrative support order 3,206
plus any arrearages that may be owed by the obligor under any 3,207
prior court or administrative support order that pertained to the 3,208
same child or spouse, notwithstanding the limitations of sections 3,209
2329.66, 2329.70, and 2716.13 of the Revised Code. 3,210
(b) If the agency imposes a deduction requirement under 3,212
division (B)(2)(a) of this section, it, within the applicable 3,214
period of time specified in division (A) of this section, shall 3,215
send to the financial institution by regular mail a notice that 3,216
contains all of the information set forth in divisions 3,217
(B)(2)(b)(i) to (viii) of this section. The notice is final and 3,219
73
is enforceable by the court. The notice shall contain all of the 3,220
following: 3,221
(i) The amount to be deducted from the obligor's account; 3,223
(ii) A statement that the financial institution is 3,225
required to send the amount deducted to the division of child 3,226
support immediately, but not later than seven working days, after 3,228
the date the last deduction was made and is required to report to 3,230
the agency the date on which the amount was deducted from the 3,231
obligor's account;
(iii) A statement that the deduction is binding upon the 3,233
financial institution until further notice from the court or 3,234
agency; 3,235
(iv) A statement that the withholding in accordance with 3,237
the notice and under the provisions of this section has priority 3,238
over any other legal process under the law of this state against 3,239
the same account; 3,240
(v) The date on which the notice was mailed and a 3,242
statement that the financial institution is required to implement 3,243
the deduction no later than fourteen working days following the 3,244
date the notice was mailed and is required to continue the 3,245
deduction at the intervals specified in the notice; 3,246
(vi) A requirement that the financial institution promptly 3,248
notify the child support enforcement agency, in writing, within 3,249
ten days after the date of any termination of the account from 3,250
which the deduction is being made and notify the agency, in 3,251
writing, of the opening of a new account at that financial 3,252
institution, the account number of the new account, the name of 3,253
any other known financial institutions in which the obligor has 3,254
any accounts, and the numbers of those accounts; 3,255
(vii) A requirement that the financial institution include 3,257
in all notices the obligor's last known mailing address, last 3,258
known residence address, and social security number; 3,259
(viii) A statement that, in addition to the amount 3,261
deducted for support, the financial institution may deduct a fee 3,262
74
from the obligor's account as a charge for its services in 3,263
complying with the administrative order and a specification of 3,264
the amount that may be deducted. 3,265
(c) The agency shall send the notice described in division 3,267
(B)(2)(b) of this section to the obligor and shall attach to the 3,269
notice an additional notice requiring the obligor immediately to
notify the child support enforcement agency, in writing, of any 3,270
change in the status of the account from which the amount of 3,271
support is being deducted or the opening of a new account with 3,272
any financial institution, of the commencement of employment, 3,273
including self-employment, or of the availability of any other 3,274
sources of income that can be the subject of any withholding or 3,275
deduction requirement described in division (B) of this section. 3,276
The agency shall serve the notices upon the obligor at the same 3,277
time as service of the administrative support order or, if the 3,278
support order previously has been issued, shall send the notices 3,279
to the obligor by regular mail at the obligor's last known 3,280
address at the same time that it sends the notice described in 3,282
division (B)(2)(b) of this section to the obligor. The 3,283
additional notice also shall notify the obligor that upon 3,285
commencement of employment, the obligor may request the agency to 3,286
cancel its financial institution account deduction notice and 3,287
instead issue a notice requiring the withholding of an amount 3,288
from the obligor's personal earnings for support in accordance 3,289
with division (B)(1) of this section and that upon commencement 3,290
of employment the agency may cancel its financial institution 3,291
account deduction notice and instead will issue a notice 3,292
requiring the withholding of an amount from the obligor's 3,293
personal earnings for support in accordance with division (B)(1) 3,294
of this section. The notification required of the obligor shall 3,295
include a description of the nature of any new accounts opened at 3,296
a financial institution located in the county in which the agency 3,297
is located, the name and business address of that financial 3,298
institution, a description of the nature of any new employment or 3,299
75
income source, the name, business address, and telephone number 3,301
of any new employer or income source, and any other information 3,302
reasonably required by the agency. 3,304
(C) If an agency issues or modifies an administrative 3,306
support order under section 3111.20, 3111.211, or 3111.22 of the 3,309
Revised Code and issues one or more notices described in division
(B) of this section, the agency to the extent possible shall 3,310
issue a sufficient number of notices under division (B) of this 3,311
section to provide that the aggregate amount withheld or deducted 3,312
under those notices satisfies the amount ordered for support in 3,313
the administrative support order plus any arrearages that may be 3,314
owed by the obligor under any prior court or administrative 3,315
support order that pertained to the same child or spouse, 3,316
notwithstanding the ANY APPLICABLE limitations of sections 3,317
2329.66, 2329.70, 2716.02, 2716.041, 2716.05, 2716.13, and 3,318
4123.67 of the Revised Code. However, in no case shall the 3,319
aggregate amount withheld pursuant to a withholding notice issued 3,321
under division (B)(1) of this section and any fees withheld 3,322
pursuant to the notice as a charge for services exceed the
maximum amount permitted under section 303(b) of the "Consumer 3,324
Credit Protection Act," 15 U.S.C. 1673(b). 3,325
(D) When two or more withholding notices that are 3,328
described in division (B)(1) of this section are received by a 3,329
payor, the payor shall comply with all of the requirements 3,331
contained in the notices to the extent that the total amount 3,332
withheld from the obligor's income does not exceed the maximum 3,334
amount permitted under section 303(b) of the "Consumer Credit 3,335
Protection Act," 15 U.S.C. 1673(b), withhold amounts in 3,336
accordance with the allocation set forth in divisions (D)(1) and 3,337
(2) of this section, notify each agency that issued one of the 3,338
notices of the allocation, and give priority to amounts 3,339
designated in each notice as current support in the following 3,340
manner:
(1) If the total of the amounts designated in the notices 3,342
76
as current support exceeds the amount available for withholding 3,343
under section 303(b) of the "Consumer Credit Protection Act," 15 3,344
U.S.C. 1673(b), the payor shall allocate to each notice an amount 3,345
for current support equal to the amount designated in that notice 3,347
as current support multiplied by a fraction in which the 3,348
numerator is the amount of income available for withholding and 3,349
the denominator is the total amount designated in all of the 3,350
notices as current support.
(2) If the total of the amounts designated in the notices 3,352
as current support does not exceed the amount available for 3,353
withholding under section 303(b) of the "Consumer Credit 3,354
Protection Act," the payor shall pay all of the amounts 3,357
designated as current support in the notices and shall allocate 3,358
to each notice an amount for past-due support equal to the amount 3,359
designated in that notice as past-due support multiplied by a 3,360
fraction in which the numerator is the amount of income remaining 3,361
available for withholding after the payment of current support 3,362
and the denominator is the total amount designated in all of the 3,363
notices orders as past-due support. 3,364
(E)(1) Except when a provision specifically authorizes or 3,366
requires service other than as described in this division, 3,367
service of any notice on any party, a financial institution, or a 3,369
payor, for purposes of division (A) or (B) of this section, shall 3,371
be made by ordinary first class mail directed to the addressee at 3,373
the addressee's last known address, or, in the case of a 3,374
corporation, at its usual place of doing business. A notice 3,375
shall be considered to have been served when it is mailed. 3,376
(2) Each party to an administrative support order shall 3,378
notify the child support enforcement agency of the party's 3,379
current mailing address, current residence address, current 3,381
residence telephone number, and current driver's license number, 3,382
at the time of the issuance or modification of the order and, 3,383
until further notice of the agency that issues the order, shall 3,384
notify the agency of any change in that information immediately 3,386
77
after the change occurs. No person shall fail to give the notice 3,387
as required by division (E)(2) of this section. 3,388
(3) Each administrative support order issued pursuant to 3,390
this section shall contain a notice that states the following in 3,391
boldfaced type and in all capital letters: 3,392
"EACH PARTY TO THIS SUPPORT ORDER MUST NOTIFY THE CHILD 3,395
SUPPORT ENFORCEMENT AGENCY IN WRITING OF HIS OR HER CURRENT 3,396
MAILING ADDRESS, CURRENT RESIDENCE ADDRESS, CURRENT RESIDENCE 3,397
TELEPHONE NUMBER, CURRENT DRIVER'S LICENSE NUMBER, AND OF ANY 3,398
CHANGES IN THAT INFORMATION. EACH PARTY MUST NOTIFY THE AGENCY 3,399
OF ALL CHANGES UNTIL FURTHER NOTICE FROM THE AGENCY. IF YOU ARE 3,400
THE OBLIGOR UNDER THE SUPPORT ORDER AND YOU FAIL TO MAKE THE 3,401
REQUIRED NOTIFICATIONS, YOU MAY BE FINED UP TO $50 FOR A FIRST 3,402
OFFENSE, $100 FOR A SECOND OFFENSE, AND $500 FOR EACH SUBSEQUENT 3,403
OFFENSE.
IF YOU ARE AN OBLIGOR AND YOU FAIL TO MAKE THE REQUIRED 3,405
NOTIFICATIONS, YOU MAY NOT RECEIVE NOTICE OF THE FOLLOWING 3,406
ENFORCEMENT ACTIONS AGAINST YOU: IMPOSITION OF LIENS AGAINST 3,407
YOUR PROPERTY; LOSS OF YOUR PROFESSIONAL OR OCCUPATIONAL LICENSE, 3,409
DRIVER'S LICENSE, AND RECREATIONAL LICENSE; WITHHOLDING FROM YOUR 3,410
INCOME; ACCESS RESTRICTION AND DEDUCTION FROM YOUR ACCOUNTS IN
FINANCIAL INSTITUTIONS; AND ANY OTHER ACTION PERMITTED BY LAW TO 3,412
OBTAIN MONEY FROM YOU TO SATISFY YOUR SUPPORT OBLIGATION." 3,414
(4)(a) The parent who is the residential parent and legal 3,416
custodian of a child for whom an administrative support order is 3,417
issued or the person who otherwise has custody of a child for 3,418
whom an administrative support order is issued immediately shall 3,419
notify, and the obligor under an administrative support order may 3,420
notify, the child support enforcement agency of any reason for 3,421
which an administrative support order should terminate, 3,422
including, but not limited to, the child's attainment of the age 3,423
of majority if the child no longer attends an accredited high 3,424
school on a full-time basis; the child ceasing to attend such a 3,426
high school on a full-time basis after attaining the age of 3,427
78
majority; or the death, marriage, emancipation, enlistment in the 3,430
armed services, deportation, or change of legal or physical 3,431
custody of the child. Upon receipt of a notice pursuant to this 3,432
division, the agency immediately shall conduct an investigation 3,435
to determine if any reason exists for which the administrative 3,436
support order should terminate. The agency may conduct such an 3,437
investigation regardless of whether a parent or person with
custody sends a notice that the order should terminate. If the 3,438
agency determines the order should terminate, it immediately 3,439
shall terminate the administrative support order. 3,442
(b) Upon receipt of a notice given pursuant to division 3,445
(E)(4)(a) of this section, the agency shall direct the division 3,447
of child support to impound any funds received for the child 3,448
pursuant to the administrative support order and the agency shall 3,449
set the case for an administrative hearing for a determination of 3,451
whether the administrative support order should be terminated or 3,452
modified or whether the agency should take any other appropriate 3,453
action.
(c) If the child support enforcement agency terminates an 3,455
administrative support order pursuant to divisions (E)(4)(a) and 3,457
(b) of this section, the termination of the support order also 3,458
terminates any withholding or deduction order as described in 3,459
division (B) of this section issued prior to December 31, 1993, 3,460
and any withholding or deduction notice as described in division 3,461
(B) of this section issued on or after December 31, 1993. Upon 3,462
the termination of any withholding or deduction order or notice, 3,463
the agency immediately shall notify each payor or financial 3,465
institution required to withhold or deduct a sum of money for the 3,468
payment of support under the terminated withholding or deduction 3,469
order or notice that the order or notice has been terminated and 3,470
that it is required to cease all withholding or deduction under 3,471
the order or notice. 3,472
(d) The department of human services shall adopt rules 3,474
that provide for both of the following: 3,475
79
(i) The payment to the appropriate person of any funds 3,477
that the division of child support has impounded under division 3,480
(E)(4)(b) of this section, consistent with the agency's 3,481
determination pursuant to divisions (E)(4)(a) and (b) of this 3,483
section;
(ii) The return to the appropriate person of any other 3,485
payments made pursuant to an administrative support order, if the 3,486
payments were made at any time after the administrative support 3,487
order has been terminated pursuant to divisions (E)(4)(a) and (b) 3,489
of this section.
(5) If any party to an administrative support order 3,491
requests a modification of the administrative support order, the 3,492
agency shall proceed as provided in section 3111.27 of the 3,493
Revised Code. If the obligor is in default under the 3,494
administrative support order, the agency shall proceed as 3,496
provided in division (B) of section 3113.21 of the Revised Code. 3,497
If any person otherwise files an action to enforce an
administrative support order, the agency shall proceed as 3,499
provided in sections 3111.20 to 3111.28 of the Revised Code. 3,500
(F)(1)(a) Upon receipt of a notice that a lump-sum payment 3,502
of one hundred fifty dollars or more is to be paid to the 3,504
obligor, the agency shall do either of the following: 3,505
(i) If the obligor is in default under the administrative 3,507
support order or has any unpaid arrearages under the 3,508
administrative support order, issue an administrative order 3,509
requiring the transmittal of the lump-sum payment to the division 3,510
of child support; 3,511
(ii) If the obligor is not in default under the 3,513
administrative support order and does not have any unpaid 3,514
arrearages under the support order, issue an administrative order 3,515
directing the person who gave the notice to the agency to 3,516
immediately pay the full amount of the lump-sum payment to the 3,517
obligor. 3,518
(b) Upon receipt of notice that a lump-sum payment of less 3,521
80
than one hundred fifty dollars is to be paid to the obligor, the 3,522
agency may take the action described in division (F)(1)(a) of 3,523
this section. 3,524
(2) Upon receipt of any moneys pursuant to division 3,526
(F)(1)(a) of this section, the division of child support shall 3,528
pay the amount of the lump-sum payment that is necessary to 3,529
discharge all of the obligor's arrearages to the obligee and,
within two business days after its receipt of the money, any 3,530
amount that is remaining after the payment of the arrearages to 3,531
the obligor. 3,532
(G)(1) Any administrative support order, or modification 3,534
of an administrative support order, that is subject to this 3,535
section shall contain the date of birth and social security 3,536
number of the obligor. 3,537
(2) No withholding or deduction notice described in 3,539
division (B) of this section shall contain any information other 3,540
than the information specifically required by division (B) or 3,541
(G)(3) of this section or by any other section of the Revised 3,542
Code and any additional information that the issuing agency 3,543
determines may be necessary to comply with the notice. 3,544
(3) Each withholding or deduction notice described in 3,546
division (B) of this section shall include notice of all of the 3,547
following: 3,548
(a) That the child support enforcement agency may bring an 3,550
action under section 3111.28 of the Revised Code requesting the 3,551
court to find the payor or financial institution in contempt 3,553
pursuant to section 2705.02 of the Revised Code if the payor or 3,554
financial institution fails to comply with the withholding or 3,556
deduction notice;
(b) That, if the payor or financial institution fails to 3,558
comply with the withholding or deduction notice, that failure to 3,561
comply is contempt pursuant to section 2705.02 of the Revised 3,562
Code.
(H) No withholding or deduction notice described in 3,564
81
division (B) of this section and issued under this section or any 3,565
other section of the Revised Code shall be terminated solely 3,566
because the obligor pays any part or all of the arrearages under 3,567
the administrative support order. 3,568
(I)(1) Except as provided in division (I)(2) of this 3,570
section, if child support arrearages are owed by an obligor to 3,572
the obligee and to the department of human services, any payments 3,573
received on the arrearages by the division of child support first 3,575
shall be paid to the obligee until the arrearages owed to the 3,577
obligee are paid in full.
(2) Division (I)(1) of this section does not apply to the 3,579
collection of past-due child support from refunds of paid federal 3,580
taxes pursuant to section 5101.32 of the Revised Code or of 3,581
overdue child support from refunds of paid state income taxes 3,582
pursuant to sections 5101.321 and 5747.121 of the Revised Code. 3,583
Sec. 3113.21. (A)(1) In any action in which support is 3,592
ordered under Chapter 3115. or under section 2151.23, 2151.231, 3,593
2151.232, 2151.33, 2151.36, 2151.49, 3105.18, 3105.21, 3109.05, 3,594
3109.19, 3111.13, 3113.04, 3113.07, 3113.216, or 3113.31 of the 3,595
Revised Code, the court shall require the withholding or 3,596
deduction of income or assets of the obligor in accordance with 3,597
division (D) of this section or require the issuance of another 3,598
type of appropriate court order in accordance with division 3,599
(D)(3) or (4) or (H) of this section to ensure that withholding 3,601
or deduction from the income or assets of the obligor is 3,602
available from the commencement of the support order for the 3,604
collection of the support and any arrearages that occur. The 3,605
court shall determine the specific withholding or deduction 3,606
requirements or other appropriate requirements applicable to the 3,607
obligor under the support order in accordance with divisions (D) 3,608
and (H) of this section and section 2301.371 of the Revised Code 3,609
and shall include the specific requirements in the notices 3,610
described in divisions (A)(2) and (D) of this section or in the 3,611
court orders described in divisions (A)(2), (D)(3) or (4), and 3,612
82
(H) of this section. Any person required to comply with any 3,614
withholding or deduction requirement shall determine the manner 3,615
of withholding or deducting from the specific requirement 3,616
included in the notices described in those divisions without the 3,617
need for any amendment to the support order, and any person 3,618
required to comply with a court order described in division 3,619
(D)(3), (D)(4), or (H) of this section shall comply with the 3,621
court order without the need for any amendment to the support 3,622
order. The court shall include in any action in which support is 3,623
ordered as described in division (A)(1) of this section a general 3,624
provision that states the following:
"All child support and spousal support under this order 3,627
shall be withheld or deducted from the income or assets of the 3,629
obligor pursuant to a withholding or deduction notice or 3,630
appropriate court order issued in accordance with section 3113.21 3,631
of the Revised Code or a withdrawal directive issued pursuant to 3,632
section 3113.214 of the Revised Code and shall be forwarded to 3,633
the obligee in accordance with sections 3113.21 to 3113.213 of 3,634
the Revised Code." 3,635
(2) In any action in which support is ordered or modified 3,637
as described in division (A)(1) of this section, the court shall 3,638
determine in accordance with divisions (D) and (H) of this 3,639
section the types of withholding or deduction requirements or 3,640
other appropriate requirements that should be imposed relative to 3,641
the obligor under the support order to collect the support due 3,642
under the order. Within fifteen days after the obligor under the 3,643
support order is located subsequent to the issuance of the 3,644
support order or within fifteen days after the default under the 3,646
support order, whichever is applicable, the court or the child 3,647
support enforcement agency, as determined by agreement of the 3,648
court and the agency, shall send a notice by regular mail to each 3,649
person required to comply with a withholding or deduction 3,650
requirement. The notice shall specify the withholding or 3,651
deduction requirement and shall contain all of the information 3,652
83
set forth in division (D)(1)(b) or (2)(b) of this section that is 3,653
applicable to the requirement. If the appropriate requirement is 3,655
an order of the type described in division (D)(3), (D)(4), or (H) 3,656
of this section, the court shall issue and send a court order in 3,657
accordance with that division. The notices and court orders, and 3,658
the notices provided by the court or child support enforcement 3,659
agency that require the obligor to notify the agency of any 3,660
change in the obligor's employment status or of any other change
in the status of the obligor's assets, are final and are 3,661
enforceable by the court. When the court or agency issues a 3,662
notice, it shall provide the notice to the obligor in accordance 3,663
with division (D)(1)(c) or (D)(2)(c) of this section, whichever 3,665
is applicable, and shall include with the notice the additional 3,666
notices described in the particular division that is applicable. 3,667
(3)(a) If support is ordered or modified on or after 3,669
December 31, 1993, under Chapter 3115. or under section 2151.23, 3,670
2151.231, 2151.232, 2151.33, 2151.36, 2151.49, 3105.18, 3105.21, 3,672
3109.05, 3109.19, 3111.13, 3113.04, 3113.07, 3113.216, or 3113.31 3,673
of the Revised Code, if the court has determined in accordance 3,674
with division (A)(2) of this section the types of withholding or 3,675
deduction requirements or other appropriate requirements that 3,676
should be imposed relative to the obligor under the support order 3,677
to collect the support due under the order, if the court or a 3,678
child support enforcement agency has mailed the appropriate 3,679
notice to the person required to comply with the withholding or 3,680
deduction requirements that the court has determined should be 3,681
imposed or the court has issued and sent a court order described 3,682
in division (D)(3), (D)(4), or (H) of this section containing the 3,684
other appropriate requirements that the court determined should 3,685
be imposed, and if the child support enforcement agency is 3,686
notified or otherwise determines that the employment status or 3,687
other circumstances of the obligor have changed and that it is 3,688
more appropriate to impose another type of or an additional 3,689
withholding or deduction requirement or another type of or 3,690
84
additional court order containing another appropriate
requirement, the agency immediately shall comply with section 3,691
3113.212 of the Revised Code. The notices and court orders 3,692
issued under this division and section 3113.212 of the Revised 3,693
Code, and the notices provided by the court or child support 3,694
enforcement agency that require the obligor to notify the agency 3,695
of any change in the obligor's employment status or of any other 3,696
change in the status of the obligor's assets, are final and are 3,698
enforceable by the court.
(b) All orders for support issued prior to December 31, 3,701
1993, under Chapter 3115. or under section 2151.23, 2151.231, 3,702
2151.33, 2151.36, 2151.49, 3105.18, 3105.21, 3109.05, 3109.19, 3,704
3111.13, 3113.04, 3113.07, 3113.216, or 3113.31 of the Revised 3,705
Code that have not been modified or subject to division (B) of 3,707
this section regarding a default under the order on or after that 3,708
date shall be considered to contain the general provision 3,709
described in division (A)(1) of this section and shall be 3,710
enforced and modified in the same manner as an order for support 3,711
issued on or after December 31, 1993.
(4) The department of human services shall adopt standard 3,713
forms for the support withholding and deduction notices that are 3,714
prescribed by divisions (A)(1) to (3) and (B) of this section. 3,715
All courts and child support enforcement agencies shall use the 3,716
forms in issuing withholding and deduction notices in compliance 3,717
with this section. 3,718
(B)(1)(a) In any action in which support is ordered under 3,720
Chapter 3115. or under section 2151.23, 2151.231, 2151.232, 3,721
2151.33, 2151.36, 2151.49, 3105.18, 3105.21, 3109.05, 3109.19, 3,723
3111.13, 3111.20, 3111.211, 3111.22, 3113.04, 3113.07, 3113.216, 3,724
or 3113.31 of the Revised Code and in which there has been a 3,725
default under the order, the court shall comply with divisions 3,726
(B)(1) to (6) of this section. 3,727
If the support was ordered prior to December 31, 1993, or 3,729
pursuant to section 3111.20, 3111.211, or 3111.22 of the Revised 3,731
85
Code, the court that issued the order, or in the case of an order 3,733
pursuant to section 3111.20, 3111.211, or 3111.22 of the Revised 3,734
Code, the common pleas court of the county in which the child 3,735
support enforcement agency that issued the order is located, 3,736
shall reissue the support order under which there has been a 3,737
default and shall include in the reissued order a general 3,738
provision as described in this division requiring the withholding 3,739
or deduction of income or assets of the obligor in accordance 3,741
with division (D) of this section or requiring the issuance of a 3,742
court order containing another type of appropriate requirement in 3,743
accordance with division (D)(3), (D)(4), or (H) of this section 3,745
to ensure that withholding or deduction from the income or assets 3,747
is available for the collection of current support and any 3,749
arrearages that occur. If the support was ordered pursuant to
section 3111.20, 3111.211, or 3111.22 of the Revised Code and the 3,751
support order includes a general provision similar to the one 3,752
described in this division, the court shall replace the similar 3,753
general provision with the general provision described in this 3,754
division. Except for the inclusion or replacement of the general 3,755
provision, the provisions of the reissued order required under 3,756
this division shall be identical to those of the support order 3,757
under which there has been a default. 3,758
When support has been ordered under any chapter or section 3,761
described in this division, the child support enforcement agency 3,762
shall initiate support withholding when the order is in default. 3,763
Immediately after the identification of a default under the 3,764
support order, the child support enforcement agency shall conduct 3,766
the investigation described in division (B)(1)(b) of this 3,767
section. Additionally, within fifteen calendar days after the 3,768
identification of a default under the support order, the child 3,769
support enforcement agency shall investigate the default and, if 3,770
it is before July 1, 1999, send advance notice to the obligor. 3,771
On and after that date, the division of child support in the 3,773
department of human services shall send the advance notice to the 3,774
86
obligor. The advance notice shall include a notice describing 3,775
the actions that may be taken against the obligor pursuant to 3,776
sections 2301.353, 2301.373, 2301.374, 2301.375, 2301.42 to 3,777
2301.45, and 3113.214 of the Revised Code if the court or agency 3,778
makes a final and enforceable determination that the obligor is 3,779
in default pursuant to this division. If the location of the 3,781
obligor is unknown at the time of the identification of a default 3,782
under the support order, the division shall send the advance 3,783
notice to the obligor within fifteen days after the agency 3,784
locates the obligor. The general provision for the withholding 3,785
or deduction of income or assets to be included in the reissued 3,787
support order specifically shall include the following statement: 3,788
"All child support and spousal support under this order 3,791
shall be withheld or deducted from the income or assets of the 3,793
obligor pursuant to a withholding or deduction notice or 3,794
appropriate court order issued in accordance with section 3113.21 3,795
of the Revised Code or a withdrawal directive issued pursuant to
section 3113.214 of the Revised Code and shall be forwarded to 3,796
the obligee in accordance with sections 3113.21 to 3113.213 of 3,797
the Revised Code." 3,798
(b) After the identification of a default under a support 3,800
order as described in division (B)(1)(a) of this section, the 3,801
child support enforcement agency immediately shall conduct an 3,802
investigation to determine the employment status of the obligor, 3,803
the obligor's social security number, the name and business 3,804
address of the obligor's employer, whether the obligor is in 3,805
default under a support order, the amount of any arrearages, and 3,806
any other information necessary to enable the court or agency to 3,807
impose any withholding or deduction requirements and issue the 3,808
related notices described in division (D) of this section or to 3,809
issue any court orders described in division (D)(3) or (4) of 3,811
this section. The agency also shall conduct an investigation 3,812
under this division when required by division (C)(1)(a) or (b) of 3,813
this section, shall complete the investigation within twenty days 3,814
87
after the obligor or obligee files the motion with the court 3,815
under division (C)(1)(a) of this section or the court orders the 3,816
investigation under division (C)(1)(b) of this section. 3,817
(2) An advance notice to an obligor required by division 3,819
(B)(1) of this section shall contain all of the following: 3,820
(a) A statement of the date on which the advance notice is 3,822
sent, the amount of arrearages owed by the obligor as determined 3,823
by the court or the child support enforcement agency, the types 3,824
of withholding or deduction requirements and related notices 3,825
described in division (D) of this section or the types of court 3,826
orders described in division (D)(3), (D)(4), or (H) of this 3,828
section that will be issued to pay support and any arrearages, 3,829
and the amount that will be withheld or deducted pursuant to 3,830
those requirements; 3,831
(b) A statement that any notice for the withholding or 3,833
deduction of an amount from income or assets apply to all current 3,835
and subsequent payors of the obligor and financial institutions 3,837
in which the obligor has an account and that any withholding or 3,838
deduction requirement and related notice described in division 3,839
(D) of this section or any court order described in division 3,840
(D)(3), (D)(4), or (H) of this section that is issued will not be 3,842
discontinued solely because the obligor pays any arrearages; 3,843
(c) An explanation of the administrative and court action 3,845
that will take place if the obligor contests the inclusion of any 3,846
of the provisions; 3,847
(d) A statement that the contents of the advance notice 3,849
are final and are enforceable by the court unless the obligor 3,850
files with the child support enforcement agency, within seven 3,851
days after the date on which the advance notice is sent, a 3,852
written request for an administrative hearing to determine if a 3,853
mistake of fact was made in the notice. 3,854
(3) If the obligor requests a hearing regarding the 3,856
advance notice in accordance with division (B)(2)(d) of this 3,857
section, the child support enforcement agency shall conduct an 3,858
88
administrative hearing no later than ten days after the date on 3,859
which the obligor files the request for the hearing. No later 3,860
than five days before the date on which the hearing is to be 3,861
conducted, the agency shall send the obligor and the obligee 3,862
written notice of the date, time, place, and purpose of the 3,863
hearing. The notice to the obligor and obligee also shall 3,864
indicate that the obligor may present testimony and evidence at 3,865
the hearing only in regard to the issue of whether a mistake of 3,866
fact was made in the advance notice. 3,867
At the hearing, the child support enforcement agency shall 3,869
determine whether a mistake of fact was made in the advance 3,870
notice. If it determines that a mistake of fact was made, the 3,871
agency shall determine the provisions that should be changed and 3,872
included in a corrected notice and shall correct the advance 3,873
notice accordingly. The agency shall send its determinations to 3,874
the obligor. The agency's determinations are final and are 3,875
enforceable by the court unless, within seven days after the 3,876
agency makes its determinations, the obligor files a written 3,877
motion with the court for a court hearing to determine if a 3,878
mistake of fact still exists in the advance notice or corrected 3,879
advance notice. 3,880
(4) If, within seven days after the agency makes its 3,882
determinations under division (B)(3) of this section, the obligor 3,883
files a written motion for a court hearing to determine if a 3,884
mistake of fact still exists in the advance notice or the 3,885
corrected advance notice, the court shall hold a hearing on the 3,886
request as soon as possible, but no later than ten days, after 3,887
the request is filed. If the obligor requests a court hearing, 3,888
no later than five days before the date on which the court 3,889
hearing is to be held, the court shall send the obligor and the 3,890
obligee written notice by ordinary mail of the date, time, place, 3,891
and purpose of the court hearing. The hearing shall be limited 3,892
to a determination of whether there is a mistake of fact in the 3,893
advance notice or the corrected advance notice. 3,894
89
If, at a hearing conducted under this division, the court 3,896
detects a mistake of fact in the advance notice or the corrected 3,897
advance notice, it immediately shall correct the notice. 3,898
(5) Upon exhaustion of all rights of the obligor to 3,900
contest the withholding or deduction on the basis of a mistake of 3,901
fact and no later than the expiration of forty-five days after 3,902
the issuance of the advance notice under division (B)(1) of this 3,903
section, the court or child support enforcement agency shall 3,904
issue one or more notices requiring withholding or deduction of 3,905
income or assets of the obligor in accordance with divisions 3,907
(A)(2) and (D) of this section, or the court shall issue one or 3,908
more court orders imposing other appropriate requirements in 3,909
accordance with division (A)(2) and division (D)(3), (D)(4), or 3,911
(H) of this section. Thereafter, section 3113.212 of the Revised 3,912
Code applies in relation to the issuance of the notices and court 3,913
orders. The notices and court orders issued under this division 3,914
or section 3113.212 of the Revised Code are final and are 3,915
enforceable by the court. The court or agency shall send to the 3,916
obligor by ordinary mail a copy of the withholding or deduction 3,917
notice, in accordance with division (D) of this section. The 3,918
failure of the court or agency to give the notice required by 3,919
this division does not affect the ability of any court to issue 3,920
any notice or order under this section or any other section of 3,921
the Revised Code for the payment of support, does not provide any 3,922
defense to any notice or order for the payment of support that is 3,923
issued under this section or any other section of the Revised 3,924
Code, and does not affect any obligation to pay support. 3,925
(6) The department of human services shall adopt standard 3,927
forms for the advance notice prescribed by divisions (B)(1) to 3,928
(5) of this section. All courts and child support enforcement 3,929
agencies shall use those forms, and the support withholding and 3,930
deduction notice forms adopted under division (A)(4) of this 3,931
section, in complying with this section. 3,932
(C)(1) In any action in which support is ordered under 3,934
90
Chapter 3115. or under section 2151.23, 2151.231, 2151.232, 3,935
2151.33, 2151.36, 2151.49, 3105.18, 3105.21, 3109.05, 3109.19, 3,937
3111.13, 3113.04, 3113.07, 3113.216, or 3113.31 of the Revised 3,939
Code, all of the following apply:
(a) The obligor or obligee under the order may file a 3,941
motion with the court that issued the order requesting the 3,942
issuance of one or more withholding or deduction notices as 3,943
described in division (D) of this section to pay the support due 3,944
under the order. The motion may be filed at any time after the 3,945
support order is issued. Upon the filing of a motion pursuant to 3,946
this division, the child support enforcement agency immediately 3,947
shall conduct, and shall complete within twenty days after the 3,948
motion is filed, an investigation in accordance with division 3,949
(B)(1)(b) of this section. Upon the completion of the 3,950
investigation and the filing of the agency's report under 3,951
division (B)(1)(b) of this section, the court shall issue one or 3,952
more appropriate orders described in division (D) of this 3,953
section. 3,954
(b) If any proceedings involving the support order are 3,956
commenced in the court and if the court has not issued any orders 3,957
under division (D) of this section as it existed prior to 3,959
December 31, 1993, with respect to the support order, if the 3,960
court determines that any orders issued under division (D) of 3,961
this section as it existed prior to December 31, 1993, no longer 3,963
are appropriate, if the court on or after December 31, 1993, has 3,965
not modified or reissued the support order under division (A) or 3,967
(B) of this section and issued any notices under division (D) or 3,968
court orders under division (D)(3) or (4) of this section, or if 3,970
the court on or after December 31, 1993, has modified or reissued 3,972
the support order under division (A) or (B) of this section and 3,973
issued one or more notices under division (D) or one or more 3,974
court orders under division (D)(3) or (4) of this section but 3,976
determines that the notices or court orders no longer are 3,977
appropriate, the court, prior to or during any hearings held with 3,978
91
respect to the proceedings and prior to the conclusion of the 3,979
proceedings, shall order the child support enforcement agency to 3,980
conduct an investigation pursuant to division (B)(1)(b) of this 3,981
section. Upon the filing of the findings of the agency following 3,982
the investigation, the court, as necessary, shall issue one or 3,983
more notices described in division (D) or one or more court 3,984
orders described in division (D)(3) or (4) of this section or 3,986
modify any notices previously issued under division (D) or any 3,987
court orders previously issued under division (D)(3) or (4) of 3,989
this section.
(c)(i) If a child support enforcement agency, in 3,991
accordance with section 3113.216 of the Revised Code, requests 3,992
the court to issue a revised child support order in accordance 3,993
with a revised amount of child support calculated by the agency, 3,994
the court shall proceed as described in this division. If 3,995
neither the obligor nor the obligee requests a court hearing on 3,996
the revised amount of child support, the court shall issue a 3,997
revised child support order requiring the obligor to pay the 3,998
revised amount of child support calculated by the agency. 3,999
However, if the obligor or the obligee requests a court hearing 4,000
on the revised amount of child support calculated by the agency, 4,001
the court, in accordance with division (C)(1)(c)(ii) of this 4,002
section, shall schedule and conduct a hearing to determine if the 4,003
revised amount of child support is the appropriate amount and if 4,004
the amount of child support being paid under the child support 4,005
order otherwise should be revised. 4,006
(ii) If the court is required to schedule and conduct a 4,008
hearing pursuant to division (C)(1)(c)(i) of this section, the 4,009
court shall give the obligor, obligee, and agency at least thirty 4,010
days' notice of the date, time, and location of the hearing; 4,011
order the obligor to provide the court with a copy of the 4,012
obligor's federal income tax return from the previous year, a 4,013
copy of all pay stubs obtained by the obligor within the 4,014
preceding six months, a copy of all other records evidencing the 4,016
92
receipt of any other salary, wages, or compensation by the
obligor within the preceding six months, a list of the group 4,017
health insurance and health care policies, contracts, and plans 4,018
available to the obligor and their costs, and the current health 4,019
insurance or health care policy, contract, or plan under which 4,020
the obligor is enrolled and its cost, if the obligor failed to 4,021
provide any of those documents to the agency, and order the 4,022
obligee to provide the court with a copy of the obligee's federal 4,023
income tax return from the previous year, a copy of all pay stubs 4,024
obtained by the obligee within the preceding six months, a copy 4,026
of all other records evidencing the receipt of any other salary, 4,027
wages, or compensation by the obligee within the preceding six 4,028
months, a list of the group health insurance and health care
policies, contracts, and plans available to the obligee and their 4,029
costs, and the current health insurance or health care policy, 4,030
contract, or plan under which the obligee is enrolled and its 4,031
cost, if the obligee failed to provide any of those documents to 4,033
the agency; give the obligor and the obligee notice that any 4,034
willful failure to comply with that court order is contempt of 4,035
court and, upon a finding by the court that the party is in 4,036
contempt of court, the court and the agency will take any action 4,037
necessary to obtain the information or make any reasonable 4,038
assumptions necessary with respect to the information the person 4,040
in contempt of court did not provide to ensure a fair and
equitable review of the child support order; issue a revised 4,042
child support order requiring the obligor to pay the revised 4,043
amount of child support calculated by the agency, if the court 4,044
determines at the hearing that the revised amount of child 4,045
support calculated by the agency is the appropriate amount; and 4,046
determine the appropriate amount of child support and, if 4,047
necessary, issue a revised child support order requiring the 4,048
obligor to pay the amount of child support determined by the 4,049
court, if the court determines that the revised amount of child 4,050
support calculated by the agency is not the appropriate amount. 4,051
93
(iii) In determining, at a hearing conducted under 4,053
divisions (C)(1)(c)(i) and (ii) of this section, the appropriate 4,054
amount of child support to be paid by the obligor, the court 4,055
shall consider, in addition to all other factors required by law 4,056
to be considered, the appropriate person, whether it is the 4,057
obligor, obligee, or both, to be required in accordance with 4,058
section 3113.217 of the Revised Code to provide health insurance 4,060
coverage for the children specified in the order, and the cost of 4,061
health insurance which the obligor, the obligee, or both have 4,062
been ordered in accordance with section 3113.217 of the Revised 4,063
Code to obtain for the children specified in the order. 4,064
(d)(i) An obligee under a child support order may file a 4,067
motion with the court that issued the order requesting the court 4,068
to modify the order to require the obligor to obtain health 4,069
insurance coverage for the children who are the subject of the 4,070
order, and an obligor under a child support order may file a 4,071
motion with the court that issued the order requesting the court 4,072
to modify the order to require the obligee to obtain health 4,073
insurance coverage for those children. Upon the filing of such a 4,074
motion, the court shall order the child support enforcement 4,075
agency to conduct an investigation to determine whether the 4,076
obligor or obligee has satisfactory health insurance coverage for 4,077
the children. Upon completion of its investigation, the agency 4,078
shall inform the court, in writing, of its determination. If the 4,079
court determines that neither the obligor nor the obligee has 4,080
satisfactory health insurance coverage for the children, it shall 4,081
modify the child support order in accordance with section 4,083
3113.217 of the Revised Code.
(ii) An obligor or obligee under a child support order may 4,086
file a motion with the court that issued the order requesting the 4,087
court to modify the amount of child support required to be paid 4,088
under the order because that amount does not adequately cover the 4,089
medical needs of the child. Upon the filing of such a motion, 4,090
the court shall determine whether the amount of child support 4,091
94
required to be paid under the order adequately covers the medical 4,092
needs of the child and whether to modify the order, in accordance 4,093
with division (B)(4) of section 3113.215 of the Revised Code. 4,094
(e) Whenever a court modifies, reviews, or otherwise 4,096
reconsiders a child support order, it may reconsider which parent 4,097
may claim the children who are the subject of the child support 4,098
order as dependents for federal income tax purposes as set forth 4,099
in section 151 of the "Internal Revenue Code of 1986," 100 Stat. 4,100
2085, 26 U.S.C. 1, as amended, and shall issue its determination 4,101
on this issue as part of the child support order. The court in 4,102
its order may permit the parent who is not the residential parent 4,103
and legal custodian to claim the children as dependents for 4,104
federal income tax purposes only if the payments for child 4,105
support are current in full as ordered by the court for the year 4,106
in which the children will be claimed as dependents. If the 4,107
court determines that the parent who is not the residential 4,108
parent and legal custodian may claim the children as dependents 4,109
for federal income tax purposes, it shall order the residential 4,110
parent to take whatever action is necessary pursuant to section 4,111
152 of the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 4,112
U.S.C. 1, as amended, to enable the parent who is not the 4,113
residential parent and legal custodian to claim the children as 4,114
dependents for federal income tax purposes in accordance with the 4,115
order of the court. Any willful failure of the residential 4,116
parent to comply with the order of the court is contempt of 4,117
court. 4,118
(f) When issuing or modifying a child support order, the 4,121
court shall include in the order all of the requirements, 4,122
specifications, and statements described in division (B) of 4,123
section 3113.218 of the Revised Code. If the obligor or obligee 4,124
does not request a court hearing on the revised amount of child 4,125
support determined by the agency and filed with the court 4,126
pursuant to section 3113.216 of the Revised Code and the court 4,128
modifies the order to include the revised amount pursuant to 4,129
95
division (C)(1)(c)(i) of this section, the modification shall 4,131
relate back to the first day of the month following the date 4,132
certain on which the review of the child support order began
pursuant to division (C)(1)(a) of section 3113.216 of the Revised 4,133
Code. If the obligor or obligee requests a court hearing on the 4,134
revised amount of child support pursuant to this section and 4,135
section 3113.216 of the Revised Code and the court, after 4,137
conducting a hearing, modifies the child support amount under the 4,138
order, the modification shall relate back to the first day of the 4,140
month following the date certain on which the review of the child 4,141
support order began pursuant to division (C)(1)(A) of section
3113.216 of the Revised Code. 4,142
(2) In any action in which a support order is issued under 4,144
Chapter 3115. or under section 2151.23, 2151.231, 2151.232, 4,146
2151.33, 2151.36, 2151.49, 3105.18, 3105.21, 3109.05, 3109.19, 4,147
3111.13, 3113.04, 3113.07, 3113.216, or 3113.31 of the Revised 4,148
Code, the court issuing the order also shall conduct a hearing, 4,149
prior to or at the time of the issuance of the support order, to 4,150
determine the employment status of the obligor, the obligor's 4,151
social security number, the name and business address of the 4,152
obligor's employer, and any other information necessary to enable 4,153
the court or a child support enforcement agency to issue any 4,154
withholding or deduction notice described in division (D) of this 4,155
section or for the court to issue a court order described in 4,156
division (D)(3) or (4) of this section. The court, prior to the 4,158
hearing, shall give the obligor notice of the hearing that shall 4,160
include the date on which the notice is given and notice that the 4,161
obligor is subject to a requirement for the withholding of a 4,162
specified amount from income if employed and to one or more other 4,163
types of withholding or deduction requirements described in 4,164
division (D) or one or more types of court orders described in 4,165
division (D)(3) or (4) of this section and that the obligor may 4,167
present evidence and testimony at the hearing to prove that any 4,168
of the requirements would not be proper because of a mistake of 4,169
96
fact. 4,170
The court or child support enforcement agency, immediately 4,172
upon the court's completion of the hearing, shall issue one or 4,173
more of the types of notices described in division (D) of this 4,174
section imposing a withholding or deduction requirement, or the 4,175
court shall issue one or more types of court orders described in 4,176
division (D)(3) or (4) of this section. 4,177
(D) If a court or child support enforcement agency is 4,179
required under division (A), (B), or (C) of this section or any 4,180
other section of the Revised Code to issue one or more 4,181
withholding or deduction notices described in this division or 4,182
court orders described in division (D)(3) or (4) of this section, 4,184
the court shall issue one or more of the following types of 4,185
notices or court orders, or the agency shall issue one or more of 4,186
the following types of notices to pay the support required under 4,187
the support order in question and also, if required by any of 4,188
those divisions, any other section of the Revised Code, or the 4,189
court, to pay any arrearages: 4,190
(1)(a) If the court or the child support enforcement 4,192
agency determines that the obligor is receiving income from a 4,194
payor, the court or agency shall require the obligor's payor to 4,195
withhold from the obligor's income a specified amount for support 4,198
in satisfaction of the support order, to begin the withholding no 4,199
later than fourteen working days following the date the notice 4,201
was mailed to the employer under divisions (A)(2) or (B) and 4,202
(D)(1)(b) of this section or, if the payor is an employer, no 4,204
later than the first pay period that occurs after fourteen 4,205
working days following the date the notice was mailed, to send 4,206
the amount withheld to the division of child support in the 4,208
department of human services pursuant to section 5101.325 of the 4,211
Revised Code, to send that amount to the division immediately but 4,213
not later than seven days after the date the obligor is paid, and 4,214
to continue the withholding at intervals specified in the notice 4,215
until further notice from the court or child support enforcement 4,216
97
agency. To the extent possible, the amount specified in the 4,217
notice to be withheld shall satisfy the amount ordered for 4,218
support in the support order plus any arrearages that may be owed 4,219
by the obligor under any prior support order that pertained to 4,220
the same child or spouse, notwithstanding the ANY APPLICABLE 4,221
limitations of sections 2329.66, 2329.70, 2716.02, 2716.041, and 4,223
2716.05 of the Revised Code. However, in no case shall the sum 4,225
of the amount specified in the notice to be withheld and any fee 4,226
withheld by the payor as a charge for its services exceed the 4,228
maximum amount permitted under section 303(b) of the "Consumer 4,229
Credit Protection Act," 15 U.S.C. 1673(b). 4,230
(b) If the court or agency imposes a withholding 4,232
requirement under division (D)(1)(a) of this section, it, within 4,233
the applicable period of time specified in division (A), (B), or 4,234
(C) of this section, shall send to the obligor's payor by regular 4,237
mail a notice that contains all of the information set forth in 4,238
divisions (D)(1)(b)(i) to (xi) of this section. The notice is 4,239
final and is enforceable by the court. The notice shall contain 4,240
all of the following:
(i) The amount to be withheld from the obligor's income 4,242
and a statement that the amount actually withheld for support and 4,244
other purposes, including the fee described in division 4,245
(D)(1)(b)(xi) of this section, shall not be in excess of the 4,246
maximum amounts permitted under section 303(b) of the "Consumer 4,247
Credit Protection Act," 15 U.S.C. 1673(b); 4,248
(ii) A statement that the payor is required to send the 4,251
amount withheld to the division of child support immediately, but 4,253
not later than seven working days, after the obligor is paid and 4,255
is required to report to the agency the date on which the amount 4,256
was withheld from the obligor's income; 4,257
(iii) A statement that the withholding is binding upon the 4,259
payor until further notice from the agency; 4,260
(iv) A statement that if the payor is an employer, the 4,263
payor is subject to a fine to be determined under the law of this 4,264
98
state for discharging the obligor from employment, refusing to 4,265
employ the obligor, or taking any disciplinary action against the 4,266
obligor because of the withholding requirement; 4,267
(v) A statement that, if the payor fails to withhold 4,269
income in accordance with the provisions of the notice, the payor 4,271
is liable for the accumulated amount the payor should have 4,273
withheld from the obligor's income;
(vi) A statement that the withholding in accordance with 4,275
the notice and under the provisions of this section has priority 4,276
over any other legal process under the law of this state against 4,277
the same income; 4,278
(vii) The date on which the notice was mailed and a 4,280
statement that the payor is required to implement the withholding 4,282
no later than fourteen working days following the date the notice 4,283
was mailed or, if the payor is an employer, no later than the 4,284
first pay period that occurs after fourteen working days 4,285
following the date the notice was mailed and is required to 4,286
continue the withholding at the intervals specified in the 4,287
notice;
(viii) A requirement that the payor promptly notify the 4,289
child support enforcement agency, in writing, within ten working 4,290
days after the date of any situation that occurs including, 4,292
termination of employment, layoff of the obligor from employment,
any leave of absence of the obligor from employment without pay, 4,293
termination of workers' compensation benefits, or termination of 4,294
any pension, annuity, allowance, or retirement benefit, in which 4,296
the payor ceases to pay income in an amount sufficient to comply 4,299
with the order to the obligor, provide the agency with the 4,300
obligor's last known address, notify the agency of any new
employer or income source, if known, and provide the agency with 4,302
any new employer's or income source's name, address, and 4,303
telephone number, if known; 4,304
(ix) A requirement that, if the payor is an employer, 4,307
identify in the notification given under division (D)(1)(b)(viii) 4,308
99
of this section any types of benefits other than personal 4,309
earnings that the obligor is receiving or is eligible to receive 4,310
as a benefit of employment or as a result of the obligor's 4,311
termination of employment, including, but not limited to, 4,312
unemployment compensation, workers' compensation benefits, 4,313
severance pay, sick leave, lump-sum payments of retirement 4,314
benefits or contributions, and bonuses or profit-sharing payments 4,315
or distributions, and the amount of such benefits, and include in 4,316
the notification the obligor's last known address and telephone 4,317
number, date of birth, social security number, and court case 4,318
number and, if known, the name and business address of any new 4,319
employer of the obligor;
(x) A requirement that, no later than the earlier of 4,321
forty-five days before the lump-sum payment is to be made or, if 4,322
the obligor's right to the lump-sum payment is determined less 4,323
than forty-five days before it is to be made, the date on which 4,324
that determination is made, the payor notify the child support 4,326
enforcement agency of any lump-sum payments of any kind of one 4,328
hundred fifty dollars or more that are to be paid to the obligor, 4,329
hold the lump-sum payments of one hundred fifty dollars or more 4,331
for thirty days after the date on which the lump-sum payments 4,332
otherwise would have been paid to the obligor and, upon order of 4,334
the court, pay any specified amount of the lump-sum payment to 4,335
the division of child support.
(xi) A statement that, in addition to the amount withheld 4,337
for support, the payor may withhold a fee from the obligor's 4,339
income as a charge for its services in complying with the notice 4,342
and a specification of the amount that may be withheld.
(c) The court or agency shall send the notice described in 4,344
division (D)(1)(b) of this section to the obligor and shall 4,345
attach to the notice an additional notice requiring the obligor 4,346
immediately to notify the child support enforcement agency, in 4,347
writing, of any change in the obligor's income source and of the 4,348
availability of any other sources of income that can be the 4,350
100
subject of any withholding or deduction requirement described in 4,351
division (D) of this section. The court or agency shall serve 4,352
the notices upon the obligor at the same time as service of the 4,353
support order or, if the support order previously has been 4,354
issued, shall send the notices to the obligor by regular mail at 4,355
the last known address at the same time that it sends the notice 4,356
described in division (D)(1)(b) of this section to the payor. 4,357
The notification required of the obligor shall include a 4,358
description of the nature of any new employment or income source, 4,359
the name, business address, and telephone number of any new 4,360
employer or income source, and any other information reasonably 4,362
required by the court. No obligor shall fail to give the 4,363
notification required by division (D)(1)(c) of this section. 4,364
(2)(a) If the court or child support enforcement agency 4,366
determines that the obligor has funds on deposit in any account 4,367
in a financial institution under the jurisdiction of the court, 4,368
the court or agency may require any financial institution in 4,369
which the obligor's funds are on deposit to deduct from the 4,370
obligor's account a specified amount for support in satisfaction 4,371
of the support order, to begin the deduction no later than 4,372
fourteen working days following the date the notice was mailed to 4,373
the financial institution under divisions (A)(2) or (B) and 4,374
(D)(2)(b) of this section, to send the amount deducted to the 4,376
division of child in the department of human services pursuant to 4,378
section 5101.325 of the Revised Code, to send that amount to the 4,380
division immediately but not later than seven working days after 4,382
the date the latest deduction was made, to provide the date on 4,383
which the amount was deducted, and to continue the deduction at 4,384
intervals specified in the notice until further notice from the 4,385
court or child support enforcement agency. To the extent
possible, the amount specified in the notice to be deducted shall 4,387
satisfy the amount ordered for support in the support order plus 4,388
any arrearages that may be owed by the obligor under any prior 4,389
support order that pertained to the same child or spouse, 4,390
101
notwithstanding the limitations of sections 2329.66, 2329.70, and 4,391
2716.13 of the Revised Code. 4,392
(b) If the court or agency imposes a withholding 4,394
requirement under division (D)(2)(a) of this section, it, within 4,396
the applicable period of time specified in division (A), (B), or 4,397
(C) of this section, shall send to the financial institution by 4,398
regular mail a notice that contains all of the information set 4,399
forth in divisions (D)(2)(b)(i) to (viii) of this section. The 4,401
notice is final and is enforceable by the court. The notice 4,402
shall contain all of the following: 4,403
(i) The amount to be deducted from the obligor's account; 4,405
(ii) A statement that the financial institution is 4,407
required to send the amount deducted to the division of child 4,408
support immediately, but not later than seven working days, after 4,411
the date the last deduction was made and is required to report to 4,412
the child support enforcement agency the date on which the amount 4,413
was deducted from the obligor's account; 4,414
(iii) A statement that the deduction is binding upon the 4,416
financial institution until further notice from the court or 4,417
agency; 4,418
(iv) A statement that the withholding in accordance with 4,420
the notice and under the provisions of this section has priority 4,421
over any other legal process under the law of this state against 4,422
the same account; 4,423
(v) The date on which the notice was mailed and a 4,425
statement that the financial institution is required to implement 4,426
the deduction no later than fourteen working days following the 4,427
date the notice was mailed and is required to continue the 4,428
deduction at the intervals specified in the notice; 4,429
(vi) A requirement that the financial institution promptly 4,431
notify the child support enforcement agency, in writing, within 4,432
ten days after the date of any termination of the account from 4,433
which the deduction is being made and notify the agency, in 4,434
writing, of the opening of a new account at that financial 4,435
102
institution, the account number of the new account, the name of 4,436
any other known financial institutions in which the obligor has 4,437
any accounts, and the numbers of those accounts; 4,438
(vii) A requirement that the financial institution include 4,440
in all notices the obligor's last known mailing address, last 4,441
known residence address, and social security number; 4,442
(viii) A statement that, in addition to the amount 4,444
deducted for support, the financial institution may deduct a fee 4,445
from the obligor's account as a charge for its services in 4,446
complying with the notice and a specification of the amount that 4,447
may be deducted. 4,448
(c) The court or agency shall send the notice described in 4,450
division (D)(2)(b) of this section to the obligor and shall 4,451
attach to the notice an additional notice requiring the obligor 4,452
immediately to notify the child support enforcement agency, in 4,453
writing, of any change in the status of the account from which 4,454
the amount of support is being deducted or the opening of a new 4,455
account with any financial institution, of commencement of 4,456
employment, including self-employment, or of the availability of 4,457
any other sources of income that can be the subject of any 4,458
withholding or deduction requirement described in division (D) of 4,459
this section. The court or agency shall serve the notices upon 4,460
the obligor at the same time as service of the support order or, 4,461
if the support order previously has been issued, shall send the 4,462
notices to the obligor by regular mail at the last known address 4,463
at the same time that it sends the notice described in division 4,464
(D)(2)(b) of this section to the financial institution. The 4,466
additional notice also shall specify that upon commencement of 4,468
employment, the obligor may request the court or child support 4,469
enforcement agency to cancel its financial institution account 4,470
deduction notice and instead issue a notice requiring the
withholding of an amount from personal earnings for support in 4,472
accordance with division (D)(1) of this section and that upon
commencement of employment the court may cancel its financial 4,473
103
institution account deduction notice under division (D)(2)(b) of 4,475
this section and instead will issue a notice requiring the 4,476
withholding of an amount from personal earnings for support in 4,478
accordance with division (D)(1) of this section. The
notification required of the obligor shall include a description 4,479
of the nature of any new accounts opened at a financial 4,480
institution under the jurisdiction of the court, the name and 4,481
business address of that financial institution, a description of 4,482
the nature of any new employment or income source, the name, 4,483
business address, and telephone number of any new employer or 4,485
income source, and any other information reasonably required by 4,487
the court.
(3) The court may issue an order requiring the obligor to 4,489
enter into a cash bond with the court. The court shall issue the 4,490
order as part of the support order or, if the support order 4,491
previously has been issued, as a separate order. Any cash bond 4,492
so required shall be in a sum fixed by the court at not less than 4,493
five hundred nor more than ten thousand dollars, conditioned that 4,494
the obligor will make payment as previously ordered and will pay 4,495
any arrearages under any prior support order that pertained to 4,496
the same child or spouse. The order, along with an additional 4,497
order requiring the obligor to immediately notify the child 4,498
support enforcement agency, in writing, if the obligor begins to 4,499
receive income from a payor, shall be attached to, and shall be 4,501
served upon the obligor at the same time as service of, the 4,502
support order or, if the support order previously has been
issued, as soon as possible after the issuance of the order under 4,503
this division. The additional order also shall specify that when 4,504
the obligor begins to receive income from a payor the obligor may 4,506
request the court to cancel its bond order and instead issue a 4,507
notice requiring the withholding of an amount from income for 4,510
support in accordance with division (D)(1) of this section and 4,511
that when the obligor begins to receive income from a payor the 4,512
court will proceed to collect on the bond, if the court 4,513
104
determines that payments due under the support order have not 4,514
been made and that the amount that has not been paid is at least 4,515
equal to the support owed for one month under the support order, 4,516
and will issue a notice requiring the withholding of an amount 4,517
from income for support in accordance with division (D)(1) of 4,520
this section. The notification required of the obligor shall
include a description of the nature of any new employment, the 4,521
name and business address of any new employer, and any other 4,522
information reasonably required by the court. 4,523
The court shall not order an obligor to post a cash bond 4,525
under this division unless the court determines that the obligor 4,526
has the ability to do so. A child support enforcement agency 4,527
shall not issue an order of the type described in this division. 4,528
If a child support enforcement agency is required to issue a 4,529
withholding or deduction notice under division (D) of this 4,530
section but the agency determines that no notice of the type 4,531
described in division (D)(1) or (2) of this section would be 4,533
appropriate, the agency may request the court to issue a court 4,534
order under this division, and, upon the request, the court may 4,535
issue an order as described in this division. 4,536
(4) If the obligor is unemployed, has no income, and does 4,538
not have an account at any financial institution, or on request 4,539
of a child support enforcement agency made under section 3111.231 4,540
of the Revised Code, the court shall issue an order requiring the 4,542
obligor, if able to engage in employment, to seek employment or 4,543
participate in a work activity to which a recipient of assistance 4,544
under Title IV-A of the "Social Security Act," 49 Stat. 620 4,545
(1935), 42 U.S.C.A. 301, as amended, may be assigned as specified 4,546
in section 407(d) of the "Social Security Act," 42 U.S.C.A. 4,547
607(d), as amended. The court shall include in the order a 4,549
requirement that the obligor notify the child support enforcement 4,550
agency upon obtaining employment, upon obtaining any income, or 4,551
upon obtaining ownership of any asset with a value of five 4,552
hundred dollars or more. The court may issue the order 4,553
105
regardless of whether the obligee to whom the obligor owes
support is a recipient of assistance under Title (IV)-A of the 4,554
"Social Security Act." The court shall issue the order as part 4,556
of a support order or, if a support order previously has been 4,558
issued, as a separate order. If a child support enforcement 4,560
agency is required to issue a withholding or deduction notice 4,561
under division (D) of this section but the agency determines that 4,562
no notice of the type described in division (D)(1) or (2) of this 4,563
section would be appropriate, the agency may request the court to 4,565
issue a court order under division (D)(4) of this section, and, 4,566
upon the request, the court may issue an order as described in 4,568
division (D)(4) of this section.
If an obligor is ordered to participate in a work activity, 4,571
the child support enforcement agency of the county in which the 4,572
obligor resides shall oversee the obligor's participation in 4,573
accordance with rules the department of human services shall 4,574
adopt in accordance with Chapter 119. of the Revised Code. A 4,575
child support enforcement agency may contract with one or more 4,576
governmental agencies or persons to carry out some or all of its 4,577
oversight duties. 4,578
(E) If a court or child support enforcement agency is 4,580
required under division (A), (B), or (C) of this section or any 4,581
other section of the Revised Code to issue one or more notices or 4,582
court orders described in division (D) of this section, the court 4,583
or agency to the extent possible shall issue a sufficient number 4,584
of notices or court orders under division (D) of this section to 4,585
provide that the aggregate amount withheld or deducted under 4,586
those notices or court orders satisfies the amount ordered for 4,587
support in the support order plus any arrearages that may be owed 4,588
by the obligor under any prior support order that pertained to 4,589
the same child or spouse, notwithstanding the ANY APPLICABLE 4,590
limitations of sections 2329.66, 2329.70, 2716.02, 2716.041, 4,592
2716.05, 2716.13, and 4123.67 of the Revised Code. However, in 4,594
no case shall the aggregate amount withheld pursuant to a
106
withholding notice issued under division (D)(1) of this section 4,596
and any fees withheld pursuant to the notice as a charge for 4,597
services exceed the maximum amount permitted under section 303(b) 4,598
of the "Consumer Credit Protection Act," 15 U.S.C. 1673(b). 4,599
(F)(1) Any withholding or deduction requirement that is 4,601
contained in a notice described in division (D) of this section 4,602
and that is required to be issued by division (A), (B), or (C) of 4,603
this section or any other section of the Revised Code has 4,604
priority over any order of attachment, any order in aid of 4,605
execution, and any other legal process issued under state law 4,606
against the same earnings, payments, or account. 4,607
(2) When two or more withholding notices described in 4,609
division (D)(1) of this section and that are required to be 4,611
issued by division (A), (B), or (C) of this section or any other 4,612
section of the Revised Code are received by, the payor shall 4,613
comply with all of the requirements contained in the notices to 4,614
the extent that the total amount withheld from the obligor's 4,615
income does not exceed the maximum amount permitted under section 4,617
303(b) of the "Consumer Credit Protection Act," 15 U.S.C. 4,618
1673(b), withhold amounts in accordance with the allocation set 4,619
forth in divisions (F)(2)(a) and (b) of this section, notify each 4,620
court or child support enforcement agency that issued one of the 4,621
notices of the allocation, and give priority to amounts 4,622
designated in each notice as current support in the following 4,623
manner:
(a) If the total of the amounts designated in the notices 4,625
as current support exceeds the amount available for withholding 4,626
under section 303(b) of the "Consumer Credit Protection Act," 15 4,627
U.S.C. 1673(b), the payor shall allocate to each notice an amount 4,628
for current support equal to the amount designated in that notice 4,630
as current support multiplied by a fraction in which the 4,631
numerator is the amount of income available for withholding and 4,632
the denominator is the total amount designated in all of the 4,633
notices as current support.
107
(b) If the total of the amounts designated in the notices 4,635
as current support does not exceed the amount available for 4,636
withholding under section 303(b) of the "Consumer Credit 4,637
Protection Act," 15 U.S.C. 1673(b), the payor shall pay all of 4,639
the amounts designated as current support in the notices and 4,640
shall allocate to each notice an amount for past-due support 4,641
equal to the amount designated in that notice as past-due support 4,642
multiplied by a fraction in which the numerator is the amount of 4,643
income remaining available for withholding after the payment of 4,645
current support and the denominator is the total amount 4,646
designated in all of the notices as past-due support. 4,647
(G)(1) Except when a provision specifically authorizes or 4,649
requires service other than as described in this division, 4,650
service of any notice on any party, a financial institution, or 4,652
payor, for purposes of division (A), (B), (C), or (D) of this 4,654
section, shall be made by ordinary first class mail directed to 4,655
the addressee at the last known address, or, in the case of a 4,656
corporation, at its usual place of doing business. A notice 4,657
shall be considered to have been served when it is mailed. 4,658
(2) Each party to a support order shall notify the child 4,660
support enforcement agency of the party's current mailing 4,661
address, current residence address, current residence telephone 4,663
number, and current driver's license number, at the time of the 4,664
issuance or modification of the order and, until further notice 4,665
of the court that issues the order, shall notify the agency of 4,666
any change in that information immediately after the change 4,667
occurs. Any willful failure to comply with this division is 4,669
contempt of court. No person shall fail to give the notice 4,670
required by division (G)(2) of this section.
(3) Each support order, or modification of a support 4,672
order, that is subject to this section shall contain a notice 4,674
that states the following in boldfaced type and in all capital 4,675
letters:
"EACH PARTY TO THIS SUPPORT ORDER MUST NOTIFY THE CHILD 4,678
108
SUPPORT ENFORCEMENT AGENCY IN WRITING OF HIS OR HER CURRENT 4,679
MAILING ADDRESS, CURRENT RESIDENCE ADDRESS, CURRENT RESIDENCE 4,680
TELEPHONE NUMBER, CURRENT DRIVER'S LICENSE NUMBER, AND OF ANY 4,681
CHANGES IN THAT INFORMATION. EACH PARTY MUST NOTIFY THE AGENCY 4,682
OF ALL CHANGES UNTIL FURTHER NOTICE FROM THE COURT. IF YOU ARE 4,683
THE OBLIGOR UNDER A CHILD SUPPORT ORDER AND YOU FAIL TO MAKE THE 4,684
REQUIRED NOTIFICATIONS YOU MAY BE FINED UP TO $50 FOR A FIRST 4,685
OFFENSE, $100 FOR A SECOND OFFENSE, AND $500 FOR EACH SUBSEQUENT 4,687
OFFENSE. IF YOU ARE AN OBLIGOR OR OBLIGEE UNDER ANY SUPPORT
ORDER AND YOU WILLFULLY FAIL TO MAKE THE REQUIRED NOTIFICATIONS 4,688
YOU MAY BE FOUND IN CONTEMPT OF COURT AND BE SUBJECTED TO FINES 4,690
UP TO $1,000 AND IMPRISONMENT FOR NOT MORE THAN 90 DAYS. 4,691
IF YOU ARE AN OBLIGOR AND YOU FAIL TO MAKE THE REQUIRED 4,693
NOTIFICATIONS YOU MAY NOT RECEIVE NOTICE OF THE FOLLOWING 4,694
ENFORCEMENT ACTIONS AGAINST YOU: IMPOSITION OF LIENS AGAINST 4,695
YOUR PROPERTY; LOSS OF YOUR PROFESSIONAL OR OCCUPATIONAL LICENSE, 4,697
DRIVER'S LICENSE, OR RECREATIONAL LICENSE; WITHHOLDING FROM YOUR 4,698
INCOME; ACCESS RESTRICTION AND DEDUCTION FROM YOUR ACCOUNTS IN
FINANCIAL INSTITUTIONS; AND ANY OTHER ACTION PERMITTED BY LAW TO 4,699
OBTAIN MONEY FROM YOU TO SATISFY YOUR SUPPORT OBLIGATION." 4,700
(4)(a) The parent who is the residential parent and legal 4,702
custodian of a child for whom a support order is issued or the 4,703
person who otherwise has custody of a child for whom a support 4,704
order is issued immediately shall notify, and the obligor under a 4,705
support order may notify, the child support enforcement agency of 4,706
any reason for which the support order should terminate, 4,707
including, but not limited to, the child's attainment of the age 4,708
of majority if the child no longer attends an accredited high 4,709
school on a full-time basis and the support order does not 4,710
provide for the duty of support to continue past the age of 4,711
majority; the child ceasing to attend such a high school on a 4,712
full-time basis after attaining the age of majority, if the 4,714
support order does not provide for the duty of support to
continue past the age of majority; or the death, marriage, 4,715
109
emancipation, enlistment in the armed services, deportation, or 4,716
change of legal or physical custody of the child. A willful 4,717
failure to notify the child support enforcement agency as 4,718
required by this division is contempt of court. Upon receipt of 4,719
a notice pursuant to this division, the agency immediately shall 4,720
conduct an investigation to determine if any reason exists for 4,721
which the support order should terminate. The agency may conduct 4,722
such an investigation regardless of whether it received notice 4,723
under this division. If the agency determines the order should 4,724
terminate, it immediately shall notify the court that issued the 4,725
support order of the reason for which the support order should 4,726
terminate.
(b) Upon receipt of a notice given pursuant to division 4,728
(G)(4)(a) of this section, the court shall order the division of 4,729
child support to impound any funds received for the child 4,731
pursuant to the support order and the court shall set the case 4,733
for a hearing for a determination of whether the support order 4,734
should be terminated or modified or whether the court should take 4,735
any other appropriate action.
(c) If the court terminates a support order pursuant to 4,737
divisions (G)(4)(a) and (b) of this section, the termination of 4,738
the support order also terminates any withholding or deduction 4,739
order as described in division (D) or (H) of this section issued 4,740
prior to December 31, 1993, and any withholding or deduction 4,742
notice as described in division (D) or court order as described 4,743
in division (D)(3), (D)(4), or (H) of this section issued on or 4,745
after December 31, 1993. Upon the termination of any withholding 4,746
or deduction order or any withholding or deduction notice, the 4,747
court immediately shall notify the appropriate child support 4,748
enforcement agency that the order or notice has been terminated, 4,749
and the agency immediately shall notify each payor or financial 4,750
institution required to withhold or deduct a sum of money for the 4,752
payment of support under the terminated withholding or deduction 4,753
order or notice that the order or notice has been terminated and 4,754
110
that it is required to cease all withholding or deduction under 4,755
the order or notice. 4,756
(d) The department of human services shall adopt rules 4,758
that provide for both of the following: 4,759
(i) The return to the appropriate person of any funds that 4,761
a court has ordered impounded under division (G)(4)(b) of this 4,762
section if the support order under which the funds were paid has 4,763
been terminated pursuant to divisions (G)(4)(a) and (b) of this 4,764
section; 4,765
(ii) The return to the appropriate person of any other 4,767
payments made pursuant to a support order if the payments were 4,768
made at any time after the support order under which the funds 4,769
were paid has been terminated pursuant to divisions (G)(4)(a) and 4,770
(b) of this section. 4,771
(5) If any party to a support order requests a 4,773
modification of the order or if any obligee under a support order 4,774
or any person on behalf of the obligee files any action to 4,775
enforce a support order, the court shall notify the child support 4,776
enforcement agency that is administering the support order or 4,777
that will administer the order after the court's determination of 4,778
the request or the action, of the request or the filing. 4,779
(6) When a child support enforcement agency receives any 4,781
notice under division (G) of section 2151.23, section 2301.37, 4,782
division (E) of section 3105.18, division (C) of section 3105.21, 4,783
division (A) of section 3109.05, division (F) of section 3111.13, 4,784
division (B) of section 3113.04, section 3113.21, section 4,785
3113.211, section 3113.212, division (K) of section 3113.31, or 4,786
division (C)(3) of section 3115.31 of the Revised Code, it shall 4,788
issue the most appropriate notices under division (D) of this 4,789
section. Additionally, it shall do all of the following: 4,790
(a) If the obligor is subject to a withholding notice 4,792
issued under division (D)(1) of this section and the notice 4,793
relates to the obligor's change of employment, send a withholding 4,794
notice under that division to the new employer of the obligor as 4,795
111
soon as the agency obtains knowledge of that employer; 4,796
(b) If the notification received by the agency specifies 4,798
that a lump-sum payment of one hundred fifty dollars or more is 4,800
to be paid to the obligor, notify the court of the receipt of the 4,801
notice and its contents. The agency may notify the court if the 4,803
notification specifies that a lump-sum payment of less than one 4,804
hundred fifty dollars is to be paid to the obligor. 4,805
(c) Comply with section 3113.212 of the Revised Code, as 4,807
appropriate. 4,808
(H)(1)(a) For purposes of division (D)(1) of this section, 4,810
when a person who fails to comply with a support order that is 4,811
subject to that division derives income from self-employment or 4,812
commission, is employed by an employer not subject to the 4,813
jurisdiction of the court, or is in any other employment 4,814
situation that makes the application of that division 4,815
impracticable, the court may require the person to enter into a 4,816
cash bond to the court in a sum fixed by the court at not less 4,817
than five hundred nor more than ten thousand dollars, conditioned 4,818
that the person will make payment as previously ordered. 4,819
(b) When a court determines at a hearing conducted under 4,821
division (B) of this section, or a child support enforcement 4,822
agency determines at a hearing or pursuant to an investigation 4,823
conducted under division (B) of this section, that the obligor 4,824
under the order in relation to which the hearing or investigation 4,825
is conducted is unemployed and has no other source of income and 4,826
no assets so that the application of divisions (B) and (D) of 4,827
this section would be impracticable, the court shall issue an 4,828
order as described in division (D)(4) of this section and shall 4,830
order the obligor to notify the child support enforcement agency 4,831
in writing immediately of the receipt of any source of income or 4,833
of the opening of an account in a financial institution, and to 4,834
include in the notification a description of the nature of the 4,835
employment or income source, the name, business address, and
telephone number of the employer or income source, and any other 4,836
112
information reasonably required by the court. 4,837
(2) When a court determines, at a hearing conducted under 4,839
division (C)(2) of this section, that an obligor is unemployed, 4,840
is not receiving workers' compensation payments, does not have an 4,841
account in a financial institution, and has no other source of 4,842
income and no assets so that the application of divisions (C)(2) 4,843
and (D) of this section would be impracticable, the court shall 4,844
issue an order as described in division (D)(4) of this section 4,845
and shall order the obligor to notify the child support 4,846
enforcement agency, in writing, immediately of the receipt of any 4,847
source of income or of the opening of an account in a financial 4,848
institution, and to include in the notification a description of 4,849
the nature of the employment or income source, the name, business 4,850
address, and telephone number of the employer or income source or 4,852
the name, address, and telephone number of the financial 4,853
institution, and any other information reasonably required by the 4,854
court. 4,855
(3)(a) Upon receipt of a notice from a child support 4,857
enforcement agency under division (G)(6) of this section that a 4,858
lump-sum payment is to be paid to the obligor, the court shall do 4,860
either of the following:
(i) If the obligor is in default under the support order 4,862
or has any unpaid arrearages under the support order, issue an 4,863
order requiring the transmittal of the lump-sum payment to the 4,864
division of child support. 4,865
(ii) If the obligor is not in default under the support 4,867
order and does not have any unpaid arrearages under the support 4,868
order, issue an order directing the person who gave the notice to 4,869
the court to immediately pay the full amount of the lump-sum 4,870
payment to the obligor. 4,871
(b) Upon receipt of any moneys pursuant to division 4,873
(H)(3)(a) of this section, the division of child support shall 4,875
pay the amount of the lump-sum payment that is necessary to
discharge all of the obligor's arrearages to the obligee and, 4,876
113
within two business days after its receipt of the money, any 4,877
amount that is remaining after the payment of the arrearages to 4,878
the obligor. 4,879
(c) Any court that issued an order prior to December 1, 4,881
1986, requiring an employer to withhold an amount from an 4,882
obligor's personal earnings for the payment of support shall 4,883
issue a supplemental order that does not change the original 4,884
order or the related support order requiring the employer to do 4,885
all of the following: 4,886
(i) No later than the earlier of forty-five days before a 4,888
lump-sum payment is to be made or, if the obligor's right to a 4,889
lump-sum payment is determined less than forty-five days before 4,890
it is to be made, the date on which that determination is made, 4,891
notify the child support enforcement agency of any lump-sum 4,892
payment of any kind of one hundred fifty dollars or more that is 4,894
to be paid to the obligor; 4,895
(ii) Hold the lump-sum payment for thirty days after the 4,897
date on which it would otherwise be paid to the obligor, if the 4,898
lump-sum payment is sick pay, a lump-sum payment of retirement 4,899
benefits or contributions, or profit-sharing payments or 4,900
distributions; 4,901
(iii) Upon order of the court, pay any specified amount of 4,903
the lump-sum payment to the division of child support. 4,904
(d) If an employer knowingly fails to notify the child 4,906
support enforcement agency in accordance with division (D) of 4,907
this section of any lump-sum payment to be made to an obligor, 4,908
the employer is liable for any support payment not made to the 4,909
obligee as a result of its knowing failure to give the notice as 4,910
required by that division. 4,911
(I)(1) Any support order, or modification of a support 4,913
order, that is subject to this section shall contain the date of 4,914
birth and social security number of the obligor. 4,915
(2) No withholding or deduction notice described in 4,917
division (D) or court order described in division (D)(3) or (4) 4,919
114
of this section shall contain any information other than the
information specifically required by division (A), (B), (C), or 4,920
(D) of this section or by any other section of the Revised Code 4,921
and any additional information that the issuing court determines 4,922
may be necessary to comply with the notice. 4,923
(J) No withholding or deduction notice described in 4,925
division (D) or court order described in division (D)(3) or (4) 4,927
of this section and issued under division (A), (B), or (C) of
this section or any other section of the Revised Code shall be 4,928
terminated solely because the obligor pays any part or all of the 4,930
arrearages under the support order.
(K)(1) Except as provided in division (K)(2) of this 4,932
section and section 2301.42 of the Revised Code and the rules 4,933
adopted pursuant to division (C) of that section, if child 4,934
support arrearages are owed by an obligor to the obligee and to 4,935
the department of human services, any payments received on the 4,936
arrearages by the division of child support first shall be paid 4,938
to the obligee until the arrearages owed to the obligee are paid
in full. 4,939
(2) Division (K)(1) of this section does not apply to the 4,941
collection of past-due child support from refunds of paid federal 4,942
taxes pursuant to section 5101.32 of the Revised Code or of 4,943
overdue child support from refunds of paid state income taxes 4,944
pursuant to sections 5101.321 and 5747.121 of the Revised Code. 4,945
(L)(1) Each court with jurisdiction to issue support 4,947
orders or orders establishing the existence or nonexistence of a 4,948
parent and child relationship shall establish rules of court to 4,949
ensure that the following percentage of all actions to establish 4,950
the existence or nonexistence of a parent and child relationship, 4,951
to establish a support requirement, or to modify a previously 4,952
issued support order be completed within the following time 4,953
limits:
(a) Seventy-five per cent of all of the actions shall be 4,955
completed within six months after they were initially filed; 4,957
115
(b) Ninety per cent of all of the actions shall be 4,959
completed within twelve months after they were initially filed. 4,961
(2) If a case involves complex legal issues requiring full 4,963
judicial review, the court shall issue a temporary support order 4,964
within the time limits set forth in division (L)(1) of this 4,965
section, which temporary order shall be in effect until a final 4,966
support order is issued in the case. All cases in which the 4,967
imposition of a notice or order under division (D) of this 4,968
section is contested shall be completed within the period of time 4,969
specified by law for completion of the case. The failure of a 4,970
court to complete a case within the required period does not 4,971
affect the ability of any court to issue any order under this 4,972
section or any other section of the Revised Code for the payment 4,973
of support, does not provide any defense to any order for the 4,974
payment of support that is issued under this section or any other 4,975
section of the Revised Code, and does not affect any obligation 4,976
to pay support. 4,977
(3)(a) In any Title IV-D case, the judge, when necessary 4,979
to satisfy the federal requirement of expedited process for 4,980
obtaining and enforcing support orders, shall appoint magistrates 4,982
to make findings of fact and recommendations for the judge's 4,983
approval in the case. All magistrates appointed pursuant to this 4,985
division shall be attorneys admitted to the practice of law in 4,986
this state. If the court appoints a magistrate pursuant to this 4,987
division, the court may appoint any additional administrative and 4,988
support personnel for the magistrate. 4,989
(b) Any magistrate appointed pursuant to division 4,991
(L)(3)(a) of this section may perform any of the following 4,993
functions:
(i) The taking of testimony and keeping of a record in the 4,995
case; 4,996
(ii) The evaluation of evidence and the issuance of 4,998
recommendations to establish, modify, and enforce support orders; 4,999
(iii) The acceptance of voluntary acknowledgments of 5,001
116
support liability and stipulated agreements setting the amount of 5,002
support to be paid; 5,003
(iv) The entering of default orders if the obligor does 5,005
not respond to notices in the case within a reasonable time after 5,006
the notices are issued; 5,007
(v) Any other functions considered necessary by the court. 5,009
(4) The child support enforcement agency may conduct 5,011
administrative reviews of support orders to obtain voluntary 5,012
notices or court orders under division (D) of this section and to 5,013
correct any errors in the amount of any arrearages owed by an 5,014
obligor. The obligor and the obligee shall be notified of the 5,015
time, date, and location of the administrative review at least 5,016
fourteen days before it is held. 5,017
(M)(1) The termination of a support obligation or a 5,019
support order does not abate the power of any court to collect 5,020
overdue and unpaid support or to punish any person for a failure 5,021
to comply with an order of the court or to pay any support as 5,022
ordered in the terminated support order and does not abate the 5,023
authority of a child support enforcement agency to issue, in 5,024
accordance with this section, any notice described in division 5,025
(D) of this section or of a court to issue, in accordance with 5,026
this section, any court order as described in division (D)(3) or 5,027
(4) of this section, to collect any support due or arrearage 5,028
under the support order. 5,029
(2) Any court that has the authority to issue a support 5,031
order shall have all powers necessary to enforce that support 5,032
order, and all other powers, set forth in this section. 5,033
(3) Except as provided in division (M)(4) of this section, 5,035
a court may not retroactively modify an obligor's duty to pay a 5,036
delinquent support payment. 5,037
(4) A court with jurisdiction over a support order may 5,039
modify an obligor's duty to pay a support payment that becomes 5,040
due after notice of a petition to modify the support order has 5,041
been given to each obligee and to the obligor before a final 5,042
117
order concerning the petition for modification is entered. 5,043
(N) If an obligor is in default under a support order and 5,045
has a claim against another person of more than one thousand 5,046
dollars, the obligor shall notify the child support enforcement 5,047
agency of the claim, the nature of the claim, and the name of the 5,048
person against whom the claim exists. If an obligor is in 5,049
default under a support order and has a claim against another 5,050
person or is a party in an action for any judgment, the child 5,051
support enforcement agency or the agency's attorney, on behalf of 5,052
the obligor, immediately shall file with the court in which the 5,053
action is pending a motion to intervene in the action or a 5,054
creditor's bill. The motion to intervene shall be prepared and 5,055
filed pursuant to Civil Rules 5 and 24(A) and (C). 5,056
Nothing in this division shall preclude an obligee from 5,058
filing a motion to intervene in any action or a creditor's bill. 5,059
(O) If an obligor is receiving unemployment compensation 5,061
benefits, an amount may be deducted from those benefits for 5,062
purposes of child support, in accordance with section 2301.371 5,063
and division (D)(4) of section 4141.28 of the Revised Code. Any 5,064
deduction from a source in accordance with those provisions is in 5,065
addition to, and does not preclude, any withholding or deduction 5,066
for purposes of support under divisions (A) to (N) of this 5,067
section. 5,068
(P) As used in this section, and in sections 3113.211 to 5,070
3113.217 of the Revised Code: 5,071
(1) "Financial institution" means a bank, savings and loan 5,073
association, or credit union, or a regulated investment company 5,074
or mutual fund in which a person who is required to pay child 5,075
support has funds on deposit that are not exempt under the law of 5,076
this state or the United States from execution, attachment, or 5,077
other legal process. 5,078
(2) "Title IV-D case" means any case in which the child 5,080
support enforcement agency is enforcing the child support order 5,081
pursuant to Title IV-D of the "Social Security Act," 88 Stat. 5,082
118
2351 (1975), 42 U.S.C. 651, as amended. 5,083
(3) "Obligor" means the person who is required to pay 5,085
support under a support order. 5,086
(4) "Obligee" means the person who is entitled to receive 5,088
the support payments under a support order. 5,089
(5) "Support order" means an order for the payment of 5,091
support and, for orders issued or modified on or after December 5,092
31, 1993, includes any notices described in division (D) or (H) 5,093
of this section that are issued in accordance with this section. 5,094
(6) "Support" means child support, spousal support, and 5,096
support for a spouse or former spouse. 5,097
(7) "Personal earnings" means compensation paid or payable 5,099
for personal services, however denominated, and includes, but is 5,100
not limited to, wages, salary, commissions, bonuses, draws 5,101
against commissions, profit sharing, and vacation pay. 5,102
(8) "Default" has the same meaning as in section 2301.34 5,104
of the Revised Code. 5,105
(9) "Payor" means any person or entity that pays or 5,108
distributes income to an obligor, including the obligor, if the 5,109
obligor is self employed; an employer; an employer that is paying 5,110
the obligor's workers' compensation benefits; the public 5,111
employees retirement board; the board of trustees, or other 5,112
governing entity of a municipal retirement system; the board of 5,113
trustees of the police and firemen's disability and pension fund; 5,114
the state teachers retirement board; the school employees 5,115
retirement board; the state highway patrol retirement board; the 5,116
bureau of workers' compensation; or any other person or entity, 5,118
except the bureau of employment services with respect to
unemployment compensation benefits paid pursuant to Chapter 4141. 5,119
of the Revised Code.
(Q) As used in this section, "income" means any form of 5,122
monetary payment, including personal earnings; workers' 5,123
compensation payments; unemployment compensation benefits to the 5,125
extent permitted by, and in accordance with, section 2301.371 of
119
the Revised Code, division (D)(4) of section 4141.28 of the 5,126
Revised Code, and federal law governing the bureau of employment 5,127
services; pensions; annuities; allowances; private or 5,128
governmental retirement benefits; disability or sick pay; 5,129
insurance proceeds; lottery prize awards; federal, state, or 5,130
local government benefits to the extent that the benefits can be 5,131
withheld or deducted under the law governing the benefits; any 5,132
form of trust fund or endowment; lump-sum payments; and any other 5,133
payment in money. 5,134
Section 2. That existing sections 124.10, 1901.19, 5,136
2329.66, 2329.70, 2333.21, 2716.01, 2716.02, 2716.03, 2716.04, 5,137
2716.05, 2716.06, 2716.11, 2716.13, 2716.21, 3111.23, and 3113.21 5,138
of the Revised Code are hereby repealed.
Section 3. Sections 2716.02 and 2716.03 of the Revised 5,140
Code are presented in this act as a composite of those sections 5,141
as amended by both Am. H.B. 193 and Am. Sub. S.B. 150 of the 5,142
121st General Assembly, with the new language of neither of the 5,143
acts shown in capital letters. This is in recognition of the 5,145
principle stated in division (B) of section 1.52 of the Revised 5,146
Code that such amendments are to be harmonized where not
substantively irreconcilable and constitutes a legislative 5,147
finding that such is the resulting version in effect prior to the 5,149
effective date of this act.