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           

                                                          3      

                                                                 
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          

                                                          4      

                                                                 
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          

                                                          5      

                                                                 
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          

                                                          6      

                                                                 
      (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          

                                                          7      

                                                                 
      (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          

                                                          8      

                                                                 
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          

                                                          9      

                                                                 
(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          

                                                          10     

                                                                 
      (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          

                                                          11     

                                                                 
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          

                                                          12     

                                                                 
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          

                                                          13     

                                                                 
      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          

                                                          15     

                                                                 
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          

                                                          16     

                                                                 
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.