As Introduced 1
123rd General Assembly 4
Regular Session H. B. No. 242 5
1999-2000 6
REPRESENTATIVES JONES-WINKLER-SUTTON-CORBIN-KREBS- 8
PRINGLE-NETZLEY-PADGETT-VAN VYVEN-HOOD-TIBERI- 9
HARTNETT-D.MILLER-JOLIVETTE-SULZER-SCHULER-ALLEN- 10
JAMES-WILLAMOWSKI-SMITH-O'BRIEN-NETZLEY-DAMSCHRODER- 11
SYKES-HOLLISTER-YOUNG 12
_________________________________________________________________ 13
A B I L L
To amend sections 2151.23, 3105.21, 3109.05, 15
3109.19, 3111.13, 3111.20, 3111.22, 3111.27, 16
3113.04, 3113.07, 3113.216, 3113.31, and 3115.31 17
and to enact section 3113.2111 of the Revised 19
Code to require a court to relieve a party from a
final judgment, order, or proceeding that 20
requires the party to pay child support and to 22
require the termination of visitation or 24
companionship rights with the child if a genetic 25
test finds that there is less than a five per 26
cent chance that the party or a male minor is the 27
father of the child for whose benefit the support
is required or with whom the companionship or 28
visitation rights are granted.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 30
Section 1. That sections 2151.23, 3105.21, 3109.05, 32
3109.19, 3111.13, 3111.20, 3111.22, 3111.27, 3113.04, 3113.07, 33
3113.216, 3113.31, and 3115.31 be amended and section 3113.2111 34
of the Revised Code be enacted to read as follows: 35
Sec. 2151.23. (A) The juvenile court has exclusive 44
original jurisdiction under the Revised Code as follows: 45
(1) Concerning any child who on or about the date 47
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specified in the complaint is alleged to be a juvenile traffic 48
offender or a delinquent, unruly, abused, neglected, or dependent 50
child;
(2) Subject to division (V) of section 2301.03 of the 52
Revised Code, to determine the custody of any child not a ward of 53
another court of this state; 54
(3) To hear and determine any application for a writ of 56
habeas corpus involving the custody of a child; 57
(4) To exercise the powers and jurisdiction given the 59
probate division of the court of common pleas in Chapter 5122. of 61
the Revised Code, if the court has probable cause to believe that 62
a child otherwise within the jurisdiction of the court is a
mentally ill person subject to hospitalization by court order, as 63
defined in section 5122.01 of the Revised Code; 64
(5) To hear and determine all criminal cases charging 66
adults with the violation of any section of this chapter; 67
(6) To hear and determine all criminal cases in which an 69
adult is charged with a violation of division (C) of section 70
2919.21, division (B)(1) of section 2919.22, division (B) of 71
section 2919.23, or section 2919.24 of the Revised Code, provided 72
the charge is not included in an indictment that also charges the 73
alleged adult offender with the commission of a felony arising 74
out of the same actions that are the basis of the alleged 75
violation of division (C) of section 2919.21, division (B)(1) of 76
section 2919.22, division (B) of section 2919.23, or section 77
2919.24 of the Revised Code; 78
(7) Under the interstate compact on juveniles in section 80
2151.56 of the Revised Code; 81
(8) Concerning any child who is to be taken into custody 83
pursuant to section 2151.31 of the Revised Code, upon being 84
notified of the intent to take the child into custody and the 85
reasons for taking the child into custody; 86
(9) To hear and determine requests for the extension of 88
temporary custody agreements, and requests for court approval of 89
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permanent custody agreements, that are filed pursuant to section 90
5103.15 of the Revised Code; 91
(10) To hear and determine applications for consent to 93
marry pursuant to section 3101.04 of the Revised Code; 94
(11) Subject to division (V) of section 2301.03 of the 96
Revised Code, to hear and determine a request for an order for 97
the support of any child if the request is not ancillary to an 98
action for divorce, dissolution of marriage, annulment, or legal 99
separation, a criminal or civil action involving an allegation of 100
domestic violence, or an action for support brought under Chapter 101
3115. of the Revised Code; 102
(12) Concerning an action commenced under section 121.38 104
of the Revised Code; 105
(13) Concerning an action commenced under section 2151.55 107
of the Revised Code.
(B) The juvenile court has original jurisdiction under the 109
Revised Code: 110
(1) To hear and determine all cases of misdemeanors 112
charging adults with any act or omission with respect to any 113
child, which act or omission is a violation of any state law or 114
any municipal ordinance; 115
(2) To determine the paternity of any child alleged to 117
have been born out of wedlock pursuant to sections 3111.01 to 118
3111.19 of the Revised Code; 119
(3) Under the uniform interstate family support act in 123
Chapter 3115. of the Revised Code;
(4) To hear and determine an application for an order for 125
the support of any child, if the child is not a ward of another 126
court of this state; 127
(5) To hear and determine an action commenced under 129
section 5101.314 of the Revised Code. 130
(C) The juvenile court, except as to juvenile courts that 132
are a separate division of the court of common pleas or a 133
separate and independent juvenile court, has jurisdiction to 134
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hear, determine, and make a record of any action for divorce or 135
legal separation that involves the custody or care of children 136
and that is filed in the court of common pleas and certified by 137
the court of common pleas with all the papers filed in the action 138
to the juvenile court for trial, provided that no certification 139
of that nature shall be made to any juvenile court unless the 141
consent of the juvenile judge first is obtained. After a 142
certification of that nature is made and consent is obtained, the 144
juvenile court shall proceed as if the action originally had been 145
begun in that court, except as to awards for spousal support or 146
support due and unpaid at the time of certification, over which 147
the juvenile court has no jurisdiction.
(D) The juvenile court has jurisdiction to hear and 149
determine all matters as to custody and support of children duly 150
certified by the court of common pleas to the juvenile court 151
after a divorce decree has been granted, including jurisdiction 152
to modify the judgment and decree of the court of common pleas as 153
the same relate to the custody and support of children. 154
(E) The juvenile court has jurisdiction to hear and 156
determine the case of any child certified to the court by any 157
court of competent jurisdiction if the child comes within the 158
jurisdiction of the juvenile court as defined by this section. 159
(F)(1) The juvenile court shall exercise its jurisdiction 161
in child custody matters in accordance with sections 3109.04, 162
3109.21 to 3109.36, and 5103.20 to 5103.28 of the Revised Code. 163
(2) The juvenile court shall exercise its jurisdiction in 165
child support matters in accordance with section 3109.05 of the 166
Revised Code. 167
(G)(1) Each order for child support made or modified by a 169
juvenile court shall include as part of the order a general 171
provision, as described in division (A)(1) of section 3113.21 of 172
the Revised Code, requiring the withholding or deduction of 173
income or assets of the obligor under the order as described in 175
division (D) of section 3113.21 of the Revised Code, or another 176
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type of appropriate requirement as described in division (D)(3), 177
(D)(4), or (H) of that section, to ensure that withholding or 179
deduction from the income or assets of the obligor is available 181
from the commencement of the support order for collection of the 182
support and of any arrearages that occur; a statement requiring 183
all parties to the order to notify the child support enforcement 184
agency in writing of their current mailing address, current 185
residence address, current residence telephone number, and 186
current driver's license number, and any changes to that 188
information; and a notice that the requirement to notify the 190
child support enforcement agency of all changes to that
information continues until further notice from the court. Any 192
juvenile court that makes or modifies an order for child support 193
shall comply with sections 3113.21 to 3113.219 of the Revised 195
Code. If any person required to pay child support under an order 196
made by a juvenile court on or after April 15, 1985, or modified 197
on or after December 1, 1986, is found in contempt of court for 198
failure to make support payments under the order, the court that 199
makes the finding, in addition to any other penalty or remedy 200
imposed, shall assess all court costs arising out of the contempt 201
proceeding against the person and require the person to pay any 202
reasonable attorney's fees of any adverse party, as determined by 203
the court, that arose in relation to the act of contempt. 204
(2) Notwithstanding section 3109.01 of the Revised Code, 206
if a juvenile court issues a child support order under this 207
chapter, the order shall remain in effect beyond the child's 208
eighteenth birthday as long as the child continuously attends on 209
a full-time basis any recognized and accredited high school or 210
the order provides that the duty of support of the child 211
continues beyond the child's eighteenth birthday. Except in 212
cases in which the order provides that the duty of support 213
continues for any period after the child reaches nineteen years 214
of age the order shall not remain in effect after the child 215
reaches nineteen years of age. Any parent ordered to pay support 217
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under a child support order issued under this chapter shall 218
continue to pay support under the order, including during 219
seasonal vacation periods, until the order terminates. A PARENT 220
ORDERED TO PAY SUPPORT, AS THE FATHER OF A CHILD, UNDER A CHILD 221
SUPPORT ORDER ISSUED UNDER THIS CHAPTER IS ENTITLED TO OBTAIN
RELIEF FROM THE ORDER PURSUANT TO SECTION 3113.2111 OF THE 222
REVISED CODE.
(H) If a child who is charged with an act that would be an 224
offense if committed by an adult was fourteen years of age or 225
older and under eighteen years of age at the time of the alleged 226
act and if the case is transferred for criminal prosecution 227
pursuant to section 2151.26 of the Revised Code, the juvenile 229
court does not have jurisdiction to hear or determine the case 230
subsequent to the transfer. The court to which the case is 231
transferred for criminal prosecution pursuant to that section has 232
jurisdiction subsequent to the transfer to hear and determine the 233
case in the same manner as if the case originally had been 234
commenced in that court, including, but not limited to,
jurisdiction to accept a plea of guilty or another plea 235
authorized by Criminal Rule 11 or another section of the Revised 237
Code and jurisdiction to accept a verdict and to enter a judgment 238
of conviction pursuant to the Rules of Criminal Procedure against 239
the child for the commission of the offense that was the basis of 240
the transfer of the case for criminal prosecution, whether the 241
conviction is for the same degree or a lesser degree of the 242
offense charged, for the commission of a lesser-included offense, 243
or for the commission of another offense that is different from 244
the offense charged. 245
(I) If a person under eighteen years of age allegedly 248
commits an act that would be a felony if committed by an adult 249
and if the person is not taken into custody or apprehended for
that act until after the person attains twenty-one years of age, 250
the juvenile court does not have jurisdiction to hear or 251
determine any portion of the case charging the person with 252
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committing that act. In those circumstances, divisions (B) and 253
(C) of section 2151.26 of the Revised Code do not apply regarding 254
the act, the case charging the person with committing the act 255
shall be a criminal prosecution commenced and heard in the 256
appropriate court having jurisdiction of the offense as if the 257
person had been eighteen years of age or older when the person 258
committed the act, all proceedings pertaining to the act shall be
within the jurisdiction of the court having jurisdiction of the 259
offense, and the court having jurisdiction of the offense has all 260
the authority and duties in the case as it has in other criminal 261
cases commenced in that court.
Sec. 3105.21. (A) Upon satisfactory proof of the causes 271
in the complaint for divorce, annulment, or legal separation, the 272
court of common pleas shall make an order for the disposition, 273
care, and maintenance of the children of the marriage, as is in 274
their best interests, and in accordance with section 3109.04 of 275
the Revised Code. 276
(B) Upon the failure of proof of the causes in the 278
complaint, the court may make the order for the disposition, 279
care, and maintenance of any dependent child of the marriage as 280
is in the child's best interest, and in accordance with section 281
3109.04 of the Revised Code. 282
(C) Each order for child support made or modified under 284
this section shall include as part of the order a general 286
provision, as described in division (A)(1) of section 3113.21 of 287
the Revised Code, requiring the withholding or deduction of 288
income or assets of the obligor under the order as described in 290
division (D) of section 3113.21 of the Revised Code, or another 291
type of appropriate requirement as described in division (D)(3), 292
(D)(4), or (H) of that section, to ensure that withholding or 294
deduction from the income or assets of the obligor is available 296
from the commencement of the support order for collection of the 297
support and of any arrearages that occur; a statement requiring 298
all parties to the order to notify the child support enforcement 299
8
agency in writing of their current mailing address, current 300
residence address, current residence telephone number, current 301
driver's license number, and any changes to that information; and 302
a notice that the requirement to notify the agency of all changes 304
to that information continues until further notice from the 306
court. Any court of common pleas that makes or modifies an order 307
for child support under this section shall comply with sections 308
3113.21 to 3113.219 of the Revised Code. If any person required 309
to pay child support under an order made under this section on or 310
after April 15, 1985, or modified on or after December 1, 1986, 311
is found in contempt of court for failure to make support 312
payments under the order, the court that makes the finding, in 313
addition to any other penalty or remedy imposed, shall assess all 314
court costs arising out of the contempt proceeding against the 315
person and require the person to pay any reasonable attorney's 316
fees of any adverse party, as determined by the court, that arose 317
in relation to the act of contempt. 318
(D) Notwithstanding section 3109.01 of the Revised Code, 320
if a court issues a child support order under this section, the 321
order shall remain in effect beyond the child's eighteenth 322
birthday as long as the child continuously attends on a full-time 323
basis any recognized and accredited high school or the order 325
provides that the duty of support of the child continues beyond 326
the child's eighteenth birthday. Except in cases in which the 328
order provides that the duty of support continues for any period 329
after the child reaches age nineteen, the order shall not remain 330
in effect after the child reaches age nineteen. Any parent 331
ordered to pay support under a child support order issued under 332
this section shall continue to pay support under the order, 333
including during seasonal vacation periods, until the order 334
terminates. A PARENT ORDERED TO PAY SUPPORT, AS THE FATHER OF A 336
CHILD, UNDER A CHILD SUPPORT ORDER ISSUED UNDER THIS SECTION IS 337
ENTITLED TO OBTAIN RELIEF FROM THE ORDER PURSUANT TO SECTION 338
3113.2111 OF THE REVISED CODE.
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Sec. 3109.05. (A)(1) In a divorce, dissolution of 347
marriage, legal separation, or child support proceeding, the 348
court may order either or both parents to support or help support 349
their children, without regard to marital misconduct. In 350
determining the amount reasonable or necessary for child support, 351
including the medical needs of the child, the court shall comply 352
with sections 3113.21 to 3113.219 of the Revised Code. 353
(2) The court, in accordance with sections 3113.21 and 355
3113.217 of the Revised Code, shall include in each support order 356
made under this section the requirement that one or both of the 357
parents provide for the health care needs of the child to the 358
satisfaction of the court, and the court shall include in the 359
support order a requirement that all support payments be made 360
through the division of child support in the department of human 362
services.
(3) Each order for child support made or modified under 364
this section shall include as part of the order a general 366
provision, as described in division (A)(1) of section 3113.21 of 367
the Revised Code, requiring the withholding or deduction of 368
income or assets of the obligor under the order as described in 370
division (D) or (H) of section 3113.21 of the Revised Code, or 371
another type of appropriate requirement as described in division 372
(D)(3), (D)(4), or (H) of that section, to ensure that 374
withholding or deduction from the income or assets of the obligor 376
is available from the commencement of the support order for 377
collection of the support and of any arrearages that occur; a 378
statement requiring both parents to notify the child support 379
enforcement agency in writing of their current mailing address; 380
current residence address, current residence telephone number, 381
current driver's license number, and any changes to that 382
information, and a notice that the requirement to notify the 383
agency of all changes to that information continues until further 385
notice from the court. The court shall comply with sections 386
3113.21 to 3113.219 of the Revised Code when it makes or modifies 387
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an order for child support under this section. 388
(B) The juvenile court has exclusive jurisdiction to enter 390
the orders in any case certified to it from another court. 391
(C) If any person required to pay child support under an 393
order made under division (A) of this section on or after April 394
15, 1985, or modified on or after December 1, 1986, is found in 395
contempt of court for failure to make support payments under the 396
order, the court that makes the finding, in addition to any other 397
penalty or remedy imposed, shall assess all court costs arising 398
out of the contempt proceeding against the person and require the 399
person to pay any reasonable attorney's fees of any adverse 400
party, as determined by the court, that arose in relation to the 401
act of contempt and, on or after July 1, 1992, shall assess 402
interest on any unpaid amount of child support pursuant to 403
section 3113.219 of the Revised Code. 404
(D) The court shall not authorize or permit the escrowing, 406
impoundment, or withholding of any child support payment ordered 407
under this section or any other section of the Revised Code 408
because of a denial of or interference with a right of 409
companionship or visitation granted in an order issued under this 410
section, section 3109.051, 3109.11, 3109.12, or any other section 411
of the Revised Code, or as a method of enforcing the specific 412
provisions of any such order dealing with visitation. 413
(E) Notwithstanding section 3109.01 of the Revised Code, 415
if a court issues a child support order under this section, the 416
order shall remain in effect beyond the child's eighteenth 417
birthday as long as the child continuously attends on a full-time 418
basis any recognized and accredited high school or the order 420
provides that the duty of support of the child continues beyond 421
the child's eighteenth birthday. Except in cases in which the 423
order provides that the duty of support continues for any period 424
after the child reaches age nineteen, the order shall not remain 425
in effect after the child reaches age nineteen. Any parent 427
ordered to pay support under a child support order issued under
11
this section shall continue to pay support under the order, 428
including during seasonal vacation periods, until the order 429
terminates. A PARENT ORDERED TO PAY SUPPORT, AS THE FATHER OF A 430
CHILD, UNDER A CHILD SUPPORT ORDER ISSUED UNDER THIS SECTION IS 431
ENTITLED TO OBTAIN RELIEF FROM THE ORDER PURSUANT TO SECTION 432
3113.2111 OF THE REVISED CODE.
Sec. 3109.19. (A) As used in this section, "minor" has 442
the same meaning as in section 3107.01 of the Revised Code. 443
(B)(1) If a child is born to parents who are unmarried and 445
unemancipated minors, a parent of one of the minors is providing 447
support for the minors' child, and the minors have not signed an 448
acknowledgment of paternity or a parent and child PARENT-CHILD 449
relationship has not been established between the child and the 450
male minor, the parent who is providing support for the child may 452
request a determination of the existence or nonexistence of a 453
parent and child PARENT-CHILD relationship between the child and 455
the male minor pursuant to Chapter 3111. of the Revised Code. 456
(2) If a child is born to parents who are unmarried and 459
unemancipated minors, a parent of one of the minors is providing 460
support for the child, and the minors have signed an 461
acknowledgment of paternity that has become final pursuant to
section 2151.232, 3111.211, or 5101.314 of the Revised Code or a 464
parent and child PARENT-CHILD relationship has been established 465
between the child and the male minor pursuant to Chapter 3111. of 466
the Revised Code, the parent who is providing support for the 467
child may file a complaint requesting that the court issue an 468
order or may request the child support enforcement agency of the 469
county in which the child resides to issue an administrative 470
order requiring all of the minors' parents to pay support for the 471
child.
(C)(1) On receipt of a complaint filed under division 473
(B)(2) of this section, the court shall schedule a hearing to 474
determine, in accordance with sections 3113.21 to 3113.219 of the 476
Revised Code, the amount of child support the minors' parents are 478
12
required to pay, the method of paying the support, and the method 479
of providing for the child's health care needs. On receipt of a 481
request under division (B)(2) of this section, the agency shall 482
schedule a hearing to determine, in accordance with sections 484
3111.23 to 3111.28 and 3113.215 of the Revised Code, the amount 485
of child support the minors' parents are required to pay, the 486
method of paying the support, and the method of providing for the 487
child's health care needs. At the conclusion of the hearing, the 488
court or agency shall issue an order requiring the payment of 490
support of the child and provision for the child's health care 491
needs. The court or agency shall calculate the child support 493
amount using the income of the minors' parents instead of the 494
income of the minors. If any of the minors' parents are 495
divorced, the court or agency shall calculate the child support 496
as if they were married, and issue a child support order 497
requiring the parents to pay a portion of any support imposed as 498
a separate obligation. If a child support order issued pursuant 499
to section 2151.23, 2151.231, 2151.232, 3111.13, 3111.20,
3111.211, or 3111.22 of the Revised Code requires one of the 501
minors to pay support for the child, the amount the minor is 502
required to pay shall be deducted from any amount that minor's 503
parents are required to pay pursuant to an order issued under 504
this section. The hearing shall be held not later than sixty 505
days after the day the complaint is filed or the request is made 506
nor earlier than thirty days after the court or agency gives the 507
minors' parents notice of the action.
(2) An order issued by an agency for the payment of child 509
support shall include a notice stating all of the following: 510
that the parents of the minors may object to the order by filing 512
a complaint pursuant to division (B)(2) of this section with the 513
court requesting that the court issue an order requiring the 514
minors' parents to pay support for the child and provide for the 515
child's health care needs; that the complaint may be filed no 516
later than thirty days after the date of the issuance of the 517
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agency's order; and that, if none of the parents of the minors 518
file a complaint pursuant to division (B)(2) of this section, the 520
agency's order is final and enforceable by a court and may be 521
modified and enforced only in accordance with sections 3111.23 to 522
3111.28 and sections 3113.21 to 3113.219 3113.2111 of the Revised 523
Code.
(D) An SUBJECT TO DIVISION (F) OF THIS SECTION, AN order 526
issued by a court or agency under this section shall remain in 528
effect, except as modified pursuant to sections 3113.21 to 529
3113.219 3113.2111 of the Revised Code with respect to a 530
court-issued child support order or pursuant to sections 3111.23 531
to 3111.28 and 3113.215 of the Revised Code with respect to an 532
administrative child support order, until the occurrence of any 533
of the following:
(1) The minor who resides with the parents required to pay 535
support under this section reaches the age of eighteen years, 536
dies, marries, enlists in the armed services, is deported, gains 537
legal or physical custody of the child, or is otherwise 538
emancipated. 539
(2) The child who is the subject of the order dies, is 541
adopted, is deported, or is transferred to the legal or physical 542
custody of the minor who lives with the parents required to pay 543
support under this section.
(3) The minor's parents to whom support is being paid 545
pursuant to this section is no longer providing any support for 546
the child. 547
(E)(1) The minor's parents to whom support is being paid 549
under a child support order issued by a court pursuant to this 550
section shall notify, and the minor's parents who are paying 551
support may notify the child support enforcement agency of the 552
occurrence of any event described in division (D) of this 553
section. A willful failure to notify the agency as required by 554
this division is contempt of court. Upon receiving notification 555
pursuant to this division, the agency shall comply with division 556
14
(G)(4) of section 3113.21 of the Revised Code. 558
(2) The minor's parents to whom support is being paid 560
under a child support order issued by the agency pursuant to this 561
section shall notify, and the minor's parents who are paying 562
support may notify the child support enforcement agency of the 563
occurrence of any event described in division (D) of this 564
section. Upon receiving notification pursuant to this division, 565
the agency shall comply with division (E)(4) of section 3111.23 567
of the Revised Code.
(F) A MINOR'S PARENT ORDERED TO PAY SUPPORT FOR A CHILD 569
UNDER A CHILD SUPPORT ORDER ISSUED UNDER THIS SECTION IS ENTITLED 570
TO OBTAIN RELIEF FROM THE ORDER PURSUANT TO SECTION 3113.2111 OF 571
THE REVISED CODE.
Sec. 3111.13. (A) The SUBJECT TO DIVISION (F)(2)(b) OF 581
THIS SECTION, THE judgment or order of the court determining the 583
existence or nonexistence of the parent and child PARENT-CHILD 584
relationship is determinative for all purposes. 585
(B) If the judgment or order of the court is at variance 587
with the child's birth record, the court may order that a new 588
birth record be issued under section 3111.18 of the Revised Code. 589
(C) The judgment or order may contain any other provision 591
directed against the appropriate party to the proceeding, 592
concerning the duty of support, the furnishing of bond or other 593
security for the payment of the judgment, or any other matter in 594
the best interest of the child. The judgment or order shall 595
direct the father to pay all or any part of the reasonable 596
expenses of the mother's pregnancy and confinement. After entry 597
of the judgment or order, the father may petition that he be 598
designated the residential parent and legal custodian of the 599
child or for visitation rights in a proceeding separate from any 600
action to establish paternity. Additionally, if the mother is 601
unmarried, the father, the parents of the father, any relative of 602
the father, the parents of the mother, and any relative of the 603
mother may file a complaint pursuant to section 3109.12 of the 604
15
Revised Code requesting the granting under that section of 605
reasonable companionship or visitation rights with respect to the 606
child. 607
The judgment or order shall contain any provision required 609
by section 3111.14 of the Revised Code. 610
(D) Support judgments or orders ordinarily shall be for 612
periodic payments that may vary in amount. In the best interest 613
of the child, a lump-sum payment or the purchase of an annuity 614
may be ordered in lieu of periodic payments of support. 615
(E) In determining the amount to be paid by a parent for 617
support of the child and the period during which the duty of 618
support is owed, a court enforcing the obligation of support 619
shall comply with sections 3113.21 to 3113.219 of the Revised 620
Code. 621
(F)(1) Each order for child support made or modified under 623
this section shall include as part of the order a general 625
provision, as described in division (A)(1) of section 3113.21 of 626
the Revised Code, requiring the withholding or deduction of 627
income or assets of the obligor under the order as described in 629
division (D) or (H) of section 3113.21 of the Revised Code, or 630
another type of appropriate requirement as described in division 631
(D)(3), (D)(4), or (H) of that section, to ensure that 633
withholding or deduction from the income or assets of the obligor 635
is available from the commencement of the support order for 636
collection of the support and of any arrearages that occur; a 637
statement requiring all parties to the order to notify the child 638
support enforcement agency in writing of their current mailing 639
address, current residence address, current residence telephone 640
number, current driver's license number, and any changes to that 641
information; and a notice that the requirement to notify the 643
agency of all changes to that information continues until further 645
notice from the court. Any court that makes or modifies an order 646
for child support under this section shall comply with sections 647
3113.21 to 3113.219 of the Revised Code. If any person required 648
16
to pay child support under an order made under this section on or 649
after April 15, 1985, or modified on or after December 1, 1986, 650
is found in contempt of court for failure to make support 651
payments under the order, the court that makes the finding, in 652
addition to any other penalty or remedy imposed, shall assess all 653
court costs arising out of the contempt proceeding against the 654
person and require the person to pay any reasonable attorney's 655
fees of any adverse party, as determined by the court, that arose 656
in relation to the act of contempt. 657
(2)(a) Notwithstanding section 3109.01 of the Revised 659
Code, if a court issues a child support order under this section, 660
the order shall remain in effect beyond the child's eighteenth 661
birthday as long as the child continuously attends on a full-time 662
basis any recognized and accredited high school or the order 664
provides that the duty of support of the child continues beyond 665
the child's eighteenth birthday. Except in cases in which the 667
order provides that the duty of support continues for any period 668
after the child reaches nineteen years of age, the order shall 669
not remain in effect after the child reaches age nineteen. Any 670
parent ordered to pay support under a child support order issued 671
under this section shall continue to pay support under the order, 672
including during seasonal vacation periods, until the order 673
terminates. 674
(b) A PARENT ORDERED TO PAY SUPPORT, AS THE FATHER OF A 676
CHILD, UNDER A CHILD SUPPORT ORDER ISSUED UNDER THIS SECTION IS 677
ENTITLED TO OBTAIN RELIEF FROM THE ORDER PURSUANT TO SECTION 678
3113.2111 OF THE REVISED CODE.
(3) When a court determines whether to require a parent to 680
pay an amount for that parent's failure to support a child prior 681
to the date the court issues an order requiring that parent to 682
pay an amount for the current support of that child, it shall 683
consider all relevant factors, including, but not limited to, any 684
monetary contribution either parent of the child made to the 685
support of the child prior to the court issuing the order 686
17
requiring the parent to pay an amount for the current support of 687
the child. 688
(G) As used in this section, "birth record" has the same 690
meaning as in section 3705.01 of the Revised Code. 691
(H) Unless the court has reason to believe that a person 693
named in the order is a potential victim of domestic violence, 694
any order issued pursuant to this section finding the existence 696
of a parent and child PARENT-CHILD relationship shall contain the 697
full names, addresses, and social security numbers of the mother 698
and father of the child and the full name and address of the 699
child. 700
Sec. 3111.20. (A) As used in sections 3111.20 to 3111.29 709
of the Revised Code: 710
(1) "Obligor" means the person required to pay support 712
under an administrative support order. 713
(2) "Obligee" means the person entitled to receive the 715
support payments under an administrative support order. 716
(3) "Administrative support order" means an administrative 718
order for the payment of support that is issued by a child 719
support enforcement agency. 720
(4) "Support" means child support. 722
(5) "Personal earnings" means compensation paid or payable 724
for personal services, however denominated, and includes, but is 725
not limited to, wages, salary, commissions, bonuses, draws 726
against commissions, profit sharing, and vacation pay. 727
(6) "Financial institution" means a bank, savings and loan 729
association, or credit union, or a regulated investment company 730
or mutual fund in which a person who is required to pay support 731
has funds on deposit that are not exempt under the law of this 732
state or the United States from execution, attachment, or other 733
legal process. 734
(7) "Title IV-D case" means any case in which the child 736
support enforcement agency is enforcing the support order 737
pursuant to Title IV-D of the "Social Security Act," 88 Stat. 738
18
2351 (1975), 42 U.S.C. 651, as amended. 739
(8) "Payor" means any person or entity that distributes 742
income to an obligor including, the obligor, if the obligor is 743
self-employed; an employer; an employer that is paying the 744
obligor's workers' compensation benefits; the public employees 745
retirement board; the governing entity of any municipal 746
retirement system; the board of trustees of the police and 747
firemen's disability and pension fund; the state teachers 748
retirement board; the school employees retirement board; the 749
state highway patrol retirement board; a person paying or 750
otherwise distributing an obligor's income; the bureau of 751
workers' compensation; or any other person or entity, except the 752
bureau of employment services with respect to unemployment 753
compensation benefits paid pursuant to Chapter 4141. of the 755
Revised Code.
(9) "Income" means any form of monetary payment including, 758
personal earnings; unemployment compensation benefits to the 759
extent permitted by, and in accordance with, section 2301.371 of 760
the Revised Code, division (D)(4) of section 4141.28 of the 762
Revised Code, and federal law governing the bureau of employment 763
services; workers' compensation payments; pensions; annuities; 765
allowances; retirement benefits; disability or sick pay; 766
insurance proceeds; lottery prize awards; federal, state, or 767
local government benefits to the extent that the benefits can be 768
withheld or deducted under the law governing the benefits; any 769
form of trust fund or endowment; lump-sum payments; and any other 770
monetary payments.
(B) A man who is presumed to be the natural father of a 773
child pursuant to section 3111.03 of the Revised Code assumes the 774
parental duty of support with respect to the child. 775
(C) Notwithstanding section 3109.01 of the Revised Code, a 777
parent's duty of support for a child shall continue beyond the 778
age of majority as long as the child continuously attends on a 779
full-time basis any recognized and accredited high school or a 781
19
court-issued child support order provides that the duty of
support continues beyond the age of majority. Except in cases in 782
which a child support order requires the duty of support to 783
continue for any period after the child reaches nineteen years of 784
age, the duty does not continue after the child reaches nineteen 785
years of age. The parental duty of support shall continue during 786
seasonal vacations. 787
A parent, guardian, or legal custodian of a child, the 789
person with whom the child resides, or the child support 790
enforcement agency of the county in which the child, parent, 791
guardian, or legal custodian of the child resides may file a 793
complaint pursuant to section 2151.231 of the Revised Code in the 794
juvenile court of that county requesting the court to order a 795
parent who neglects or does not assume the parental duty of 796
support to pay an amount for the support of the child and to 797
provide for the health care needs of the child and to provide for 798
the health care needs of the child, may contact a child support 799
enforcement agency for assistance in obtaining the order, or may 800
request an administrative officer of a child support enforcement 801
agency to issue an administrative order for the payment of child 802
support and providing for the health care needs of the child 803
pursuant to division (D) of this section. Upon the filing of the 805
complaint or the making of the request, the court shall issue an 806
order requiring the payment of support for the child and 807
providing for the health care needs of the child, pursuant to
section 2151.231 of the Revised Code, or the administrative 809
officer, pursuant to division (D) of this section, shall issue an 810
order requiring the payment of support for the child and
providing for the health care needs of the child. 811
A party to a request made under this division may raise the 813
issue of the existence or nonexistence of a parent-child 814
relationship between the presumed natural father and the child 815
unless the presumption is based on acknowledgment of paternity 816
that has become final pursuant to section 2151.232, 3111.211, or 817
20
5101.314 of the Revised Code. If a request is made for an
administrative order providing for support and health care needs 819
pursuant to division (D) of this section and the issue of the 821
existence or nonexistence of a parent-child relationship is
raised, the administrative officer shall treat the request as a 822
request made pursuant to section 3111.22 of the Revised Code and 823
determine the issue pursuant to that section. An administrative 824
order issued pursuant to division (D) of this section does not 826
preclude a party from requesting a determination of the issue of 827
the existence or nonexistence of a parent and child relationship 828
pursuant to this chapter if the issue was not determined with 830
respect to the party in the proceedings conducted pursuant to 831
division (D) of this section or pursuant to an acknowledgment of 832
paternity that has become final under section 2151.232, 3111.211, 833
or 5101.314 of the Revised Code. An order issued pursuant to 834
division (D) of this section shall remain effective until a final 835
and enforceable determination is made pursuant to this chapter 836
that a parent-child relationship does not exist between the 837
presumed natural father and the child or until the occurrence of 838
an event described in division (E)(4)(a) of section 3111.23 of 839
the Revised Code that requires the order to be terminated. 840
(D) If a request is made pursuant to division (C) of this 842
section or division (A) of section 3111.211 of the Revised Code 843
for an administrative order requiring the payment of child 845
support and providing for the health care needs of the child, the
administrative officer shall schedule an administrative hearing 847
to determine, in accordance with sections 3111.23 to 3111.29 and 848
3113.215 of the Revised Code, the amount of child support either 849
parent is required to pay, the method of paying that child 851
support, and the method of providing for the child's health care. 852
The hearing shall be held not later than sixty days after the 853
request is made pursuant to division (A) of this section or 855
division (A) of section 3111.211 of the Revised Code nor earlier 856
than thirty days after the officer gives the mother and father of 857
21
the child notice of the action. When an administrative officer 858
issues an administrative order for the payment of support and 859
provision for the child's health care, all of the following 860
apply:
(1) The administrative support order shall require 863
periodic payments of support that may vary in amount, except 865
that, if it is in the best interest of the child, the 866
administrative officer may order a lump sum payment or the 867
purchase of an annuity in lieu of periodic payments of support. 868
(2) The administrative support order shall require the 870
parents to provide for the health care needs of the child in 871
accordance with section 3111.241 of the Revised Code. 872
The administrative support order shall include a notice 874
stating that the mother or the father may object to the 876
administrative order by bringing an action for the payment of 877
support and provision for the child's health care under section 878
2151.321 of the Revised Code in the juvenile court of the county 879
in which the child or the guardian or legal custodian of the 880
child resides, that the action may be brought no later than 881
thirty days after the date of the issuance of the administrative 882
support order, and that, if neither the mother nor the father 883
brings an action for the payment of support and provision for the 884
child's health care within that thirty-day period, the 886
administrative support order is final and enforceable by a court 887
and may be modified and enforced only as provided in sections 888
3111.20 to 3111.28 and 3113.21 to 3113.219 3113.2111 of the 889
Revised Code. 890
(E) A PARENT ORDERED TO PAY SUPPORT, AS THE FATHER OF A 892
CHILD, UNDER AN ADMINISTRATIVE ORDER FOR THE PAYMENT OF CHILD 893
SUPPORT ISSUED UNDER THIS SECTION IS ENTITLED TO OBTAIN RELIEF 895
FROM THE ORDER PURSUANT TO SECTION 3113.2111 OF THE REVISED CODE.
Sec. 3111.22. (A)(1) Except as otherwise provided in 904
division (A)(2) of this section, no person may bring an action 905
under sections 3111.01 to 3111.19 of the Revised Code before 906
22
requesting an administrative determination of the existence or 907
nonexistence of a parent and child PARENT-CHILD relationship from 909
the child support enforcement agency of the county in which the 910
child or the guardian or legal custodian of the child resides. 911
(2) If the alleged father of a child is deceased and 913
proceedings for the probate of the estate of the alleged father 914
have been or can be commenced, the court with jurisdiction over 915
the probate proceedings shall retain jurisdiction to determine 916
the existence or nonexistence of a parent and child PARENT-CHILD 917
relationship between the alleged father and any child without an 919
administrative determination being requested from a child support 920
enforcement agency. If an action for divorce, dissolution of 921
marriage, or legal separation, or an action under section 922
2151.231 of the Revised Code requesting an order requiring the 923
payment of child support and provision for the health care of a 924
child, has been filed in a court of common pleas and a question 926
as to the existence or nonexistence of a parent and child 927
PARENT-CHILD relationship arises, the court in which the original 929
action was filed shall retain jurisdiction to determine the 930
existence or nonexistence of the parent and child PARENT-CHILD 931
relationship without an administrative determination being 932
requested from a child support enforcement agency. If a juvenile 933
court issues a support order under section 2151.231 of the 934
Revised Code relying on a presumption under section 3111.03 of 936
the Revised Code, the juvenile court that issued the support 937
order shall retain jurisdiction if a question as to the existence 938
of a parent and child PARENT-CHILD relationship arises. 939
(B) Except as provided in division (A)(2) of this section, 941
before a person brings an action pursuant to sections 3111.01 to 942
3111.19 of the Revised Code to determine the existence or 943
nonexistence of a parent and child PARENT-CHILD relationship, the 945
person shall request the child support enforcement agency of the 947
county in which the child or the guardian or legal custodian of 948
the child resides to determine the existence or nonexistence of a 949
23
parent and child PARENT-CHILD relationship between the alleged 951
father and the child. If more than one agency receives a request 952
pursuant to this section, the agency that receives the request 953
first shall proceed with the request. The request shall contain 954
all of the following information: 955
(1) The name, birthdate, and current address of the 957
alleged father of the child; 958
(2) The name, social security number, and current address 960
of the mother of the child; 961
(3) The name and last known address of the alleged father 963
of the child; 964
(4) The name and birthdate of the child. 966
(C)(1) Upon receiving a request for a determination of the 968
existence or nonexistence of a parent and child PARENT-CHILD 969
relationship in accordance with division (B) of this section, the 971
agency shall assign an administrative officer to consider the 972
request. The administrative officer may schedule a conference 974
with the mother and the alleged father to provide information and 975
the opportunity to sign an acknowledgment of paternity affidavit 976
prepared pursuant to section 5101.324 of the Revised Code. If 978
the mother and alleged father do not sign the affidavit at a 979
conference held by the administrative officer, the administrative 981
officer shall issue an order requiring the child, the mother, and 982
the alleged father to submit to genetic testing. In the order, 983
the agency shall schedule the genetic tests for the mother, 984
alleged father, and child on a date that is no later than 985
forty-five days after the date of assignment of the
administrative officer and shall require the tests to be 987
conducted in accordance with the rules adopted by the department 988
of human services pursuant to section 2301.35 of the Revised 989
Code.
The agency shall attach a notice to the order and send both 992
in accordance with the Rules of Civil Procedure to the mother and 994
the alleged father. The notice shall state all of the following: 996
24
(a) That the agency has been requested to determine the 998
existence of a parent and child PARENT-CHILD relationship between 1,000
a child and the alleged named father; 1,001
(b) The name and birthdate of the child of which the man 1,003
is alleged to be the natural father; 1,004
(c) The name of the mother and the alleged natural father; 1,006
(d) The rights and responsibilities of a parent; 1,008
(e) That the child, the mother, and the alleged father 1,011
must submit to genetic testing at the date, time, and place 1,012
determined by the agency in the order issued pursuant to division 1,013
(C)(1) of this section; 1,014
(f) The administrative procedure for determining the 1,017
existence of a parent and child PARENT-CHILD relationship; 1,019
(g) That if the alleged father or natural mother willfully 1,021
fails to submit to genetic testing, or the alleged father, 1,022
natural mother, or the custodian of the child willfully fails to 1,023
submit the child to genetic testing, the agency shall issue an 1,024
order that it is inconclusive whether the alleged father is the 1,025
child's natural father; 1,026
(h) That if the alleged father or natural mother willfully 1,029
fails to submit to genetic testing, or the alleged father, 1,030
natural mother, or custodian of the child willfully fails to 1,031
submit the child to genetic testing, they may be found in 1,032
contempt of court.
(2) The genetic testing shall be conducted by a qualified 1,035
examiner authorized by the department of human services. On 1,036
completion of the genetic tests, the examiner shall send a 1,037
complete report of the test results to the agency. The 1,038
administrative officer shall do one of the following: 1,039
(a) If the results of the genetic testing show a 1,041
ninety-nine per cent or greater probability that the alleged 1,043
father is the natural father of the child, the administrative 1,044
officer of the agency shall issue an administrative order that 1,045
the alleged father is the father of the child who is the subject 1,046
25
of the proceeding. 1,047
(b) If the results of genetic testing show less than a 1,049
ninety-nine per cent probability that the alleged father is the 1,051
natural father of the child but do not exclude the alleged father 1,052
from being the natural father of the child, the administrative 1,053
officer shall issue an administrative order stating that it is 1,054
inconclusive whether the alleged father is the natural father of 1,055
the child. 1,056
(c) If the results of the genetic testing exclude the 1,058
alleged father from being the natural father of the child, the 1,059
administrative officer shall issue an administrative order that 1,060
the alleged father is not the father of the child who is the 1,061
subject of the proceeding. 1,062
An administrative officer shall include with any order the 1,065
officer issues pursuant to division (C)(2)(a) or (c) of this 1,067
section a notice that contains the information described in
division (D) of this section informing the mother, father, and 1,068
the guardian or legal custodian of the child of the right to 1,069
object to the order. 1,070
(D) When an administrative officer issues an 1,072
administrative order determining the existence or nonexistence of 1,073
a parent and child PARENT-CHILD relationship pursuant to division 1,075
(C)(2)(a) or (c) of this section, the mother, alleged father, and 1,079
the guardian or legal custodian of the child may object to the 1,080
determination by bringing, within thirty days after the date the 1,081
administrative officer issued the order, an action under sections 1,082
3111.01 to 3111.19 of the Revised Code in the juvenile court in 1,083
the county in which the agency that employs the administrative 1,084
officer is located. If the mother, alleged father, or guardian 1,085
or legal custodian does not bring an action within that 1,086
thirty-day period, the administrative order is final and 1,087
enforceable by a court and may not be challenged in an action or 1,088
proceeding under Chapter 3111. of the Revised Code.
(E)(1) If an administrative officer issues an 1,090
26
administrative order determining the existence of a parent and 1,092
child PARENT-CHILD relationship between the alleged father and 1,094
the child pursuant to division (C)(2)(a) of this section, the 1,095
administrative officer shall schedule an administrative hearing 1,096
to determine, in accordance with sections 3111.23 to 3111.29 and 1,098
3113.215 of the Revised Code, the amount of child support any
parent is required to pay, the method of payment of child 1,099
support, and the method of providing for the child's health care. 1,101
The hearing shall be held no later than sixty days after the date 1,102
of the issuance of the order and no earlier than thirty days 1,103
after the date the administrative officer gives the mother and 1,104
the father notice of the administrative hearing. When an
administrative officer issues an administrative order for the 1,106
payment of support and provision for the child's health care, all 1,107
of the following apply:
(a) The administrative support order shall require 1,109
periodic payments of support that may vary in amount, except 1,110
that, if it is in the best interest of the child, the 1,111
administrative officer may order a lump-sum payment or the 1,112
purchase of an annuity in lieu of periodic payments of support. 1,114
(b) The administrative support order shall require the 1,117
parents to provide for the health care needs of the child in
accordance with section 3111.241 of the Revised Code. 1,120
(c) The administrative support order shall include a 1,123
notice informing the mother, father, and the legal guardian or
custodian of the child of the right to object to the order and 1,125
containing the information described in division (E)(2) of this 1,126
section. 1,127
(2) The mother, father, or the legal guardian or custodian 1,130
of the child may object to the administrative order by bringing 1,131
an action for the payment of support and provision for the 1,132
child's health care under section 2151.231 of the Revised Code in 1,133
the juvenile court of the county in which the agency that employs 1,134
the administrative officer is located. The action shall be 1,135
27
brought no later than thirty days after the date of the issuance 1,136
of the administrative support order. If neither the mother nor 1,137
the father brings an action for the payment of support and 1,139
provision for the child's health care within that thirty-day 1,140
period, the administrative support order is final and enforceable 1,142
by a court and may be modified and enforced only as provided in 1,143
sections 3111.20 to 3111.28 and 3113.21 to 3113.219 3113.2111 of 1,144
the Revised Code.
(F) If the alleged natural father or the natural mother 1,147
willfully fails to submit to genetic testing or if either parent
or any other person who is the custodian of the child willfully 1,148
fails to submit the child to genetic testing, the agency shall 1,149
enter an administrative order stating that it is inconclusive as 1,150
to whether the alleged natural father is the natural father of 1,151
the child and shall provide a notice to the parties informing 1,152
them that an action may be brought under sections 3111.01 to 1,154
3111.19 of the Revised Code to establish a parent and child 1,155
PARENT-CHILD relationship.
(G) Unless the agency has reason to believe that a person 1,157
named in the order is a potential victim of domestic violence, 1,158
any order issued pursuant to this section finding the existence 1,160
of a parent and child PARENT-CHILD relationship shall contain the 1,161
full names, addresses, and social security numbers of the mother 1,162
and father of the child and the full name and address of the 1,163
child. The agency, as part of an order determining the existence 1,165
of a parent and child PARENT-CHILD relationship issued pursuant 1,167
to this section, may order the surname of the child subject to 1,168
the determination to be changed and order the change to be made 1,169
on the child's birth record consistent with the order if the 1,171
parties agree to the change.
(H) An administrative support order issued pursuant to 1,174
section 3111.21 of the Revised Code prior to the effective date 1,176
of this amendment JANUARY 1, 1998, that is in effect on the 1,177
effective date of this amendment JANUARY 1, 1998, shall remain in 1,179
28
effect on and after the effective date of the amendment JANUARY 1,180
1, 1998, and shall be considered an administrative support order 1,183
issued pursuant to this section for all purposes.
(I) A PARENT ORDERED TO PAY SUPPORT, AS THE FATHER OF A 1,185
CHILD, UNDER AN ADMINISTRATIVE ORDER FOR THE PAYMENT OF CHILD 1,186
SUPPORT ISSUED UNDER THIS SECTION IS ENTITLED TO OBTAIN RELIEF 1,187
FROM THE ORDER PURSUANT TO SECTION 3113.2111 OF THE REVISED CODE. 1,188
(J) As used in this section, "birth record" has the same 1,190
meaning as in section 3705.01 of the Revised Code. 1,191
Sec. 3111.27. (A) No later than May 1, 1992, the 1,200
department of human services shall adopt rules in accordance with 1,201
Chapter 119. of the Revised Code establishing a procedure 1,202
substantially similar to the procedure adopted pursuant to 1,203
section 3113.216 of the Revised Code for determining when 1,204
existing administrative support orders should be reviewed to 1,205
determine whether it is necessary or in the best interest of the 1,206
child who is the subject of the administrative support order to 1,207
modify: 1,208
(1) The support amount ordered under the administrative 1,210
support order and to calculate any modification to the support 1,212
amount in accordance with section 3113.215 of the Revised Code; 1,214
(2) The provisions for the child's health care needs in 1,216
the administrative support order and to make the modification in 1,217
accordance with section 3111.241 of the Revised Code. 1,218
(B)(1) If a child support enforcement agency, periodically 1,220
or upon the request of the obligee or obligor, plans to review an 1,221
administrative support order in accordance with the rules adopted 1,222
pursuant to division (A) of this section or otherwise is 1,223
requested to review an administrative support order, it shall do 1,224
all the following prior to formally beginning the review: 1,225
(a) Establish a date certain upon which the review shall 1,227
begin; 1,228
(b) At least sixty days before formally beginning the 1,230
review, send the obligor and obligee notice of the planned review 1,231
29
and of the date when the review will formally begin; 1,232
(c) Request the obligor to provide the agency, no later 1,234
than the scheduled date for formally beginning the review, with a 1,235
copy of the obligor's federal income tax return from the previous 1,236
year, a copy of all pay stubs obtained by the obligor within the 1,237
preceding six months, a copy of all records evidencing the 1,238
receipt of salary, wages, or compensation by the obligor within 1,239
the preceding six months, a list of the group health insurance 1,240
and health care policies, contracts, and plans available to the 1,241
obligor and their costs, the current group health insurance or 1,242
health care policy, contract, or plan under which the obligor is 1,243
enrolled and its cost, and any other information necessary to 1,244
properly review the administrative support order, and request the 1,245
obligee to provide the agency, no later than the scheduled date 1,246
for review to formally begin, with a copy of the obligee's 1,247
federal income tax returns from the previous year, a copy of all 1,248
pay stubs obtained by the obligee within the preceding six 1,249
months, a copy of all records evidencing the receipt of salary, 1,252
wages, or compensation by the obligee within the preceding six 1,253
months, a list of the group health insurance and health care 1,255
policies, contracts, and plans available to the obligee and their 1,256
costs, the current group health insurance or health care policy, 1,257
contract, or plan under which the obligor is enrolled and its 1,258
cost, and any other information necessary to properly review the 1,260
administrative support order;
(d) Include in the notice sent pursuant to division 1,262
(B)(1)(b) of this section, a notice that if either the obligor or 1,263
obligee fails to comply with the request for information, the 1,264
agency may bring an action under section 3111.28 of the Revised 1,265
Code requesting the court to find the obligor and the obligee in 1,267
contempt pursuant to section 2705.02 of the Revised Code.
(2) If either the obligor or obligee fails to comply with 1,269
the request made pursuant to division (B)(1)(c) of this section, 1,270
the agency may bring an action under section 3111.28 of the 1,271
30
Revised Code in the court of common pleas of the county in which 1,272
the agency is located requesting the court to issue an order 1,273
requiring an obligor and obligee to comply with the agency's 1,274
request for information pursuant to division (B)(1)(c) of this 1,275
section. If the obligor or obligee fails to comply with the 1,276
court order issued pursuant to section 3111.28 of the Revised 1,277
Code requiring compliance with the administrative request for 1,278
information, the obligor or obligee is in contempt of court. In 1,280
the action brought under section 3111.28 of the Revised Code, the
agency may request the court to issue an order to require the 1,282
obligor or obligee to provide the necessary information or to 1,283
permit the agency to take whatever action is necessary to obtain 1,284
information and make any reasonable assumptions necessary with 1,285
respect to the information the person in contempt did not provide 1,287
to ensure a fair and equitable review of the administrative child 1,289
support order. If the agency decides to conduct the review based 1,290
on the reasonable assumptions with respect to the information the 1,291
person in contempt did not provide, it shall proceed in 1,293
accordance with the rules adopted by the department of human
services pursuant to division (A) of this section. 1,294
(C)(1) If the agency determines that a modification is 1,296
necessary and in the best interest of the child who is the 1,297
subject of the administrative support order, the agency shall 1,298
calculate the amount the obligor shall pay in accordance with 1,299
section 3113.215 of the Revised Code. The agency may not deviate 1,300
from the guidelines set forth in section 3113.215 of the Revised 1,301
Code. 1,302
(2) If the agency cannot set the amount of support the 1,304
obligor shall pay without deviating from the guidelines set forth 1,305
in section 3113.215 of the Revised Code, the agency shall bring 1,306
an action under section 2151.231 of the Revised Code on behalf of 1,307
the person who requested the agency to review the existing 1,308
administrative order or if no one requested the review, on behalf 1,309
of the obligee, in the court of common pleas of the county in 1,310
31
which the agency is located requesting the court to issue a 1,311
support order in accordance with sections 3113.21 to 3113.219 of 1,312
the Revised Code. 1,313
(3) When it reviews an administrative support order 1,315
pursuant to this section, the agency shall consider whether the 1,316
provision for the child's health care needs in the administrative 1,318
support order is adequate. If the agency determines that the 1,319
administrative support order does not provide adequately for the 1,320
child's health care needs, the agency shall modify the order in 1,321
accordance with section 3111.241 of the Revised Code. 1,323
(D)(1) If the agency modifies an existing administrative 1,325
support order, the agency shall provide the obligee and obligor 1,326
with notice of the change and shall include in the notice a 1,327
statement that the obligor or obligee may object to the modified 1,328
administrative support order by initiating an action under 1,329
section 2151.231 of the Revised Code in the juvenile court of the 1,330
county in which the mother, the father, the child, or the 1,331
guardian or custodian of the child resides. 1,332
(2) If the agency modifies an existing administrative 1,335
support order, the modification shall relate back to the first 1,336
day of the month following the date certain on which the review
began under division (B)(1)(a) of this section. 1,337
(E) A PARENT ORDERED TO PAY SUPPORT, AS THE FATHER OF A 1,339
CHILD, UNDER AN ADMINISTRATIVE ORDER FOR THE PAYMENT OF CHILD 1,340
SUPPORT ISSUED UNDER THIS SECTION IS ENTITLED TO OBTAIN RELIEF 1,342
FROM THE ORDER PURSUANT TO SECTION 3113.2111 OF THE REVISED CODE.
Sec. 3113.04. (A) Sentence may be suspended if a person, 1,351
after conviction under section 2919.21 of the Revised Code and 1,352
before sentence under that section, appears before the court of 1,353
common pleas in which the conviction took place and enters into 1,354
bond to the state in a sum fixed by the court at not less than 1,355
five hundred nor more than one thousand dollars, with sureties 1,356
approved by the court, conditioned that the person will furnish 1,357
the child or other dependent with necessary or proper home, care, 1,358
32
food, and clothing, or will pay promptly each week for such 1,359
purpose to the division of child support in the department of 1,361
human services, a sum to be fixed by the agency. The child 1,362
support enforcement agency shall comply with sections 3113.21 to 1,363
3113.219 of the Revised Code when it fixes the sum to be paid to 1,364
the division.
(B) Each order for child support made or modified under 1,366
this section shall include as part of the order a general 1,368
provision, as described in division (A)(1) of section 3113.21 of 1,369
the Revised Code, requiring the withholding or deduction of 1,370
income or assets of the obligor under the order as described in 1,372
division (D) of section 3113.21 of the Revised Code or another 1,373
type of appropriate requirement as described in division (D)(3), 1,374
(D)(4) or (H) of that section, to ensure that withholding or 1,376
deduction from the income or assets of the obligor is available 1,378
from the commencement of the support order for collection of the 1,379
support and of any arrearages that occur; a statement requiring 1,380
all parties to the order to notify the child support enforcement 1,381
agency in writing of their current mailing address, current 1,382
residence address, current resident telephone number, current 1,383
driver's license number, and any changes to that information, and 1,384
a notice that the requirement to notify the agency of all changes 1,386
to that information continues until further notice from the 1,388
court. If any person required to pay child support under an 1,389
order made under this section on or after April 15, 1985, or 1,390
modified on or after December 1, 1986, is found in contempt of 1,391
court for failure to make support payments under the order, the 1,392
court that makes the finding, in addition to any other penalty or 1,393
remedy imposed, shall assess all court costs arising out of the 1,394
contempt proceeding against the person and require the person to 1,395
pay any reasonable attorney's fees of any adverse party, as 1,396
determined by the court, that arose in relation to the act of 1,397
contempt.
(C) Notwithstanding section 3109.01 of the Revised Code, 1,399
33
if a court issues a child support order under this section, the 1,400
order shall remain in effect beyond the child's eighteenth 1,401
birthday as long as the child continuously attends on a full-time 1,402
basis any recognized and accredited high school or the order 1,404
provides that the duty of support of the child continues beyond 1,405
the child's eighteenth birthday. Except in cases in which the 1,407
order provides that the duty of support continues for any period 1,408
after the child reaches nineteen years of age, the order shall 1,409
not remain in effect after the child reaches age nineteen. Any 1,410
parent ordered to pay support under a child support order issued 1,412
under this section shall continue to pay support under the order, 1,413
including during seasonal vacation periods, until the order 1,414
terminates. A PARENT ORDERED TO PAY SUPPORT, AS THE FATHER OF A 1,415
CHILD, UNDER A CHILD SUPPORT ORDER ISSUED UNDER THIS SECTION IS 1,416
ENTITLED TO OBTAIN RELIEF FROM THE ORDER PURSUANT TO SECTION 1,417
3113.2111 OF THE REVISED CODE.
Sec. 3113.07. As used in this section, "executive 1,426
director" has the same meaning as in section 5153.01 of the 1,427
Revised Code. 1,428
Sentence may be suspended, if a person, after conviction 1,430
under section 3113.06 of the Revised Code and before sentence 1,431
thereunder, appears before the court of common pleas in which 1,432
such conviction took place and enters into bond to the state in a 1,433
sum fixed by the court at not less than five hundred dollars, 1,434
with sureties approved by such court, conditioned that such 1,435
person will pay, so long as the child remains a ward of the 1,436
public children services agency or a recipient of aid pursuant to 1,438
Chapter 5107. or 5115. of the Revised Code, to the executive 1,439
director thereof or to a trustee to be named by the court, for 1,440
the benefit of such agency or if the child is a recipient of aid 1,441
pursuant to Chapter 5107. or 5115. of the Revised Code, to the 1,443
county department of human services, the reasonable cost of 1,444
keeping such child. The amount of such costs and the time of
payment shall be fixed by the court. 1,445
34
The court, in accordance with section 3113.217 of the 1,447
Revised Code, shall include in each support order made under this 1,449
section the requirement that one or both of the parents provide 1,450
for the health care needs of the child to the satisfaction of the 1,451
court.
A PARENT ORDERED TO PAY SUPPORT, AS THE FATHER OF A CHILD, 1,453
UNDER A CHILD SUPPORT ORDER ISSUED UNDER THIS SECTION IS ENTITLED 1,454
TO OBTAIN RELIEF FROM THE ORDER PURSUANT TO SECTION 3113.2111 OF 1,455
THE REVISED CODE.
Sec. 3113.2111. (A) AS USED IN THIS SECTION, "CHILD 1,458
SUPPORT" MEANS SUPPORT FOR A CHILD THAT IS INCLUDED IN A SUPPORT 1,459
ORDER ISSUED OR MODIFIED PRIOR TO, ON, OR AFTER THE EFFECTIVE 1,460
DATE OF THIS SECTION, UNDER FORMER SECTION 3111.21 OR SECTION 1,461
2151.23, 2151.33, 2151.36, 2151.49, 3105.18, 3105.21, 3109.05, 1,462
3109.19, 3111.13, 3111.20, 3111.22, 3111.27, 3113.04, 3113.07, 1,463
3113.216, OR 3113.31, OR CHAPTER 3115. OF THE REVISED CODE. 1,465
(B) THE GENERAL ASSEMBLY HEREBY DECLARES THAT IT IS A 1,468
SUBSTANTIVE RIGHT TO OBTAIN RELIEF FROM A FINAL JUDGMENT, ORDER, 1,469
OR PROCEEDING THAT REQUIRES A PARTY TO PAY CHILD SUPPORT IF 1,470
RELIEF IS GRANTED PURSUANT TO DIVISION (C) OF THIS SECTION BASED 1,471
ON SCIENTIFIC EVIDENCE THAT THE PARTY OR A MALE MINOR DESCRIBED 1,472
IN DIVISION (B) OF SECTION 3109.19 OF THE REVISED CODE IS NOT THE 1,473
FATHER OF THE CHILD. A PARTY IS ENTITLED TO OBTAIN RELIEF UNDER 1,474
DIVISION (C) OF THIS SECTION REGARDLESS OF WHETHER THE PARTY OR 1,476
THE MALE MINOR, AT ANY TIME PRIOR TO THE FILING OF THE MOTION,
WAS MARRIED TO THE MOTHER OF THE CHILD, ACKNOWLEDGED HIS 1,477
PATERNITY OF THE CHILD IN A WRITING SWORN TO BEFORE A NOTARY 1,478
PUBLIC, WAS NAMED WITH HIS CONSENT AS THE CHILD'S FATHER ON THE 1,479
CHILD'S BIRTH CERTIFICATE, WAS REQUIRED TO SUPPORT THE CHILD BY A 1,480
WRITTEN VOLUNTARY PROMISE OR A COURT ORDER, SIGNED WITH HIS 1,481
CONSENT THE CHILD'S BIRTH CERTIFICATE AS AN INFORMANT AS PROVIDED 1,482
IN SECTION 3705.09 OF THE REVISED CODE AS THAT SECTION EXISTED 1,483
PRIOR TO JANUARY 1, 1998, WAS NAMED IN AN ACKNOWLEDGMENT OF 1,485
PATERNITY THAT A COURT ENTERED UPON ITS JOURNAL PURSUANT TO 1,486
35
FORMER SECTION 2105.18 OF THE REVISED CODE, WAS NAMED IN AN 1,487
ACKNOWLEDGMENT OF PATERNITY THAT HAS BECOME FINAL UNDER SECTION 1,488
2151.232, 3111.211, OR 5101.314 OF THE REVISED CODE, WAS PRESUMED
TO BE THE NATURAL FATHER OF THE CHILD UNDER ANY CIRCUMSTANCE 1,489
LISTED IN SECTION 3111.03 OF THE REVISED CODE, WAS DETERMINED TO 1,490
BE THE FATHER OF THE CHILD IN A PARENTAGE ACTION UNDER CHAPTER 1,492
3111. OF THE REVISED CODE, OR OTHERWISE ADMITTED, ACKNOWLEDGED, 1,494
OR WAS DETERMINED TO BE THE CHILD'S FATHER. A PARTY IS ENTITLED
TO OBTAIN RELIEF UNDER DIVISION (C) OF THIS SECTION REGARDLESS OF 1,495
WHETHER THE FINAL JUDGMENT, ORDER, OR PROCEEDING THAT REQUIRES 1,497
THE PARTY TO PAY CHILD SUPPORT WAS ISSUED PRIOR TO, ON, OR AFTER 1,498
THE EFFECTIVE DATE OF THIS SECTION.
(C) NOTWITHSTANDING THE PROVISIONS TO THE CONTRARY IN 1,501
CIVIL RULE 60(B), ON MOTION AND UPON ANY TERMS THAT ARE JUST, THE 1,502
COURT SHALL RELIEVE A PARTY FROM A FINAL JUDGMENT, ORDER, OR 1,503
PROCEEDING THAT REQUIRES THE PARTY TO PAY CHILD SUPPORT FOR THE 1,504
CHILD IF BOTH OF THE FOLLOWING APPLY: 1,505
(1) THE PARTY SUBMITS GENETIC TEST RESULTS WITHIN SIX 1,507
MONTHS AFTER THOSE GENETIC TEST RESULTS ARE DETERMINED THAT FIND 1,508
THERE IS LESS THAN A FIVE PER CENT CHANCE OF THE PARTY OR THE 1,509
MALE MINOR BEING THE FATHER OF THE CHILD FOR WHOSE BENEFIT THE 1,510
SUPPORT IS REQUIRED.
(2) NOT MORE THAN TWO YEARS HAVE ELAPSED SINCE THE DATE 1,512
THE FINAL JUDGMENT, ORDER, OR PROCEEDING WAS ISSUED REQUIRING THE 1,514
PARTY TO PAY CHILD SUPPORT FOR THE CHILD. 1,516
(D) THE RESULTS OF GENETIC TESTING SHALL NOT BE REJECTED 1,518
BY THE COURT SOLELY BECAUSE THEY ARE BASED ON SAMPLES FROM ONLY 1,519
THE PARTY OR MALE MINOR AND THE CHILD. 1,520
(E) A MOTION UNDER DIVISION (C) OF THIS SECTION DOES NOT 1,523
AFFECT THE FINALITY OF A JUDGMENT OR SUSPEND ITS OPERATION. 1,524
(F) IF, PURSUANT TO THIS SECTION, A COURT GRANTS A MOTION 1,527
THAT RELIEVES A PARTY FROM A FINAL JUDGMENT, ORDER, OR PROCEEDING 1,528
THAT REQUIRES THE PARTY TO PAY CHILD SUPPORT, THE GRANTING OF THE 1,529
MOTION DOES NOT PRECLUDE ANY PERSON FROM FILING, SUBSEQUENT TO 1,530
36
THE GRANTING OF THE MOTION, AN ACTION UNDER CHAPTER 3111. OF THE 1,532
REVISED CODE TO ESTABLISH A PARENT-CHILD RELATIONSHIP BETWEEN THE 1,533
PARTY WHO WAS SO RELIEVED OR THE MALE MINOR AND THE CHILD FOR 1,534
WHOSE BENEFIT THE SUPPORT WAS REQUIRED, PROVIDED THAT A PERSON 1,535
SHALL NOT FILE MORE THAN ONE ACTION OF THAT TYPE UNDER CHAPTER 1,536
3111. OF THE REVISED CODE IN ANY TWO-YEAR PERIOD REGARDING THE 1,537
PARTY WHO WAS SO RELIEVED OR THE MALE MINOR AND THE CHILD FOR 1,538
WHOSE BENEFIT THE SUPPORT WAS REQUIRED. IF, SUBSEQUENT TO THE 1,539
GRANTING OF THE MOTION, A PERSON FILES AN ACTION UNDER CHAPTER 1,541
3111. OF THE REVISED CODE AS DESCRIBED IN THIS DIVISION, THE 1,543
COURT, IN ACCORDANCE WITH THAT CHAPTER, MAY ENTER A JUDGMENT IN 1,544
THE ACTION THAT DETERMINES THE EXISTENCE OF A PARENT-CHILD 1,545
RELATIONSHIP BETWEEN THE PARTY WHO WAS SO RELIEVED OR THE MALE 1,546
MINOR AND THE CHILD FOR WHOSE BENEFIT THE SUPPORT WAS REQUIRED 1,547
PROVIDED THAT NO JUDGMENT OF THAT TYPE MAY BE ENTERED UNLESS
GENETIC TESTS TAKEN SUBSEQUENT TO THE GRANTING OF THE MOTION 1,548
INDICATE THAT THERE IS A STATISTICAL PROBABILITY THAT THE PARTY 1,549
WHO WAS SO RELIEVED OR THE MALE MINOR IS THE NATURAL FATHER OF 1,550
THE CHILD.
(G) IF RELIEF FROM AN ORDER FOR THE PAYMENT OF CHILD 1,552
SUPPORT IS GRANTED PURSUANT TO THIS SECTION AND THE PARTY WHO WAS 1,554
SO RELIEVED, THE MALE MINOR, OR ANY RELATIVE OF THE PARTY OR MALE 1,555
MINOR HAS BEEN GRANTED COMPANIONSHIP OR VISITATION RIGHTS WITH 1,556
THE CHILD PURSUANT TO AN ORDER ISSUED UNDER SECTION 3109.051 OR 1,557
3109.12 OF THE REVISED CODE, THE COURT THAT GRANTS THE RELIEF 1,558
SHALL IMMEDIATELY SEND WRITTEN NOTICE TO THE COURT THAT ISSUED 1,559
THE ORDER GRANTING THE COMPANIONSHIP OR VISITATION RIGHTS. ON 1,560
RECEIPT OF THE NOTICE, THE COURT THAT GRANTED THE COMPANIONSHIP 1,561
OR VISITATION RIGHTS SHALL TERMINATE THE ORDER GRANTING THOSE 1,562
RIGHTS.
Sec. 3113.216. (A) As used in this section, "obligor" and 1,571
"obligee" have the same meanings as in section 3113.21 of the 1,572
Revised Code.
(B) No later than October 13, 1990, the department of 1,574
37
human services shall adopt rules pursuant to Chapter 119. of the 1,575
Revised Code establishing a procedure for determining when 1,576
existing child support orders should be reviewed to determine 1,577
whether it is necessary and in the best interest of the children 1,578
who are the subject of the child support order to change the 1,579
child support order. The rules shall include, but are not 1,580
limited to, all of the following: 1,581
(1) Any procedures necessary to comply with section 1,583
666(a)(10) of Title 42 of the U.S. Code, "Family Support Act of 1,584
1988," 102 Stat. 2346, 42 U.S.C. 666(a)(10), as amended, and any 1,585
regulations adopted pursuant to, or to enforce, that section; 1,586
(2) Procedures for determining what child support orders 1,588
are to be subject to review upon the request of either the 1,589
obligor or the obligee or periodically by the child support 1,590
enforcement agency administering the child support order; 1,591
(3) Procedures for the child support enforcement agency to 1,593
periodically review and to review, upon the request of the 1,594
obligor or the obligee, any child support order that is subject 1,595
to review to determine whether the amount of child support paid 1,596
under the child support order should be adjusted in accordance 1,597
with the basic child support schedule set forth in division (D) 1,598
of section 3113.215 of the Revised Code or whether the provisions 1,599
for the child's health care needs under the child support order 1,600
should be modified in accordance with section 3113.217 of the 1,601
Revised Code;
(4) Procedures for giving obligors and obligees notice of 1,603
their right to request a review of a child support order that is 1,604
determined to be subject to review, notice of any proposed 1,605
revision of the amount of child support to be paid under the 1,606
child support order, notice of the procedures for requesting a 1,607
hearing on any proposed revision of the amount of child support 1,608
to be paid under a child support order, notice of any 1,609
administrative hearing to be held on a proposed revision of the 1,610
amount of child support to be paid under a child support order, 1,611
38
at least sixty days' prior notice of any review of their child 1,612
support order, and notice that a failure to comply with any 1,613
request for documents or information to be used in the review of 1,614
a child support order is contempt of court; 1,615
(5) Procedures for obtaining the necessary documents and 1,617
information necessary to review child support orders and for 1,618
holding administrative hearings on a proposed revision of the 1,619
amount of child support to be paid under a child support order; 1,620
(6) Procedures for adjusting child support orders in 1,622
accordance with the basic child support schedule set forth in 1,623
division (D) of section 3113.215 of the Revised Code and the 1,624
applicable worksheet in division (E) of that section, through 1,625
line 24 or in division (F) of that section, through line 23; 1,626
(7) Procedures for adjusting the provisions of the child 1,628
support order governing the health care needs of the child 1,629
pursuant to section 3113.217 of the Revised Code. 1,630
(C)(1) If a child support enforcement agency, periodically 1,632
or upon request of an obligor or obligee, plans to review a child 1,633
support order in accordance with the rules adopted pursuant to 1,634
division (B) of this section or otherwise plans to review a child 1,635
support order, it shall do all of the following prior to formally 1,636
beginning the review: 1,637
(a) Establish a date certain upon which the review will 1,639
formally begin; 1,640
(b) At least sixty days before formally beginning the 1,642
review, send the obligor and the obligee notice of the planned 1,643
review and of the date when the review will formally begin; 1,644
(c) Request the obligor to provide the agency, no later 1,646
than the scheduled date for formally beginning the review, with a 1,647
copy of the obligor's federal income tax return from the previous 1,648
year, a copy of all pay stubs obtained by the obligor within the 1,649
preceding six months, a copy of all other records evidencing the 1,650
receipt of any other salary, wages, or compensation by the 1,651
obligor within the preceding six months, a list of the group 1,652
39
health insurance and health care policies, contracts, and plans 1,653
available to the obligor and their costs, the current health 1,654
insurance or health care policy, contract, or plan under which 1,655
the obligor is enrolled and its cost, and any other information 1,657
necessary to properly review the child support order, and request 1,658
the obligee to provide the agency, no later than the scheduled 1,659
date for formally beginning the review, with a copy of the 1,660
obligee's federal income tax return from the previous year, a
copy of all pay stubs obtained by the obligee within the 1,661
preceding six months, a copy of all other records evidencing the 1,662
receipt of any other salary, wages, or compensation by the 1,663
obligee within the preceding six months, a list of the group 1,664
health insurance and health care policies, contracts, and plans 1,665
available to the obligee and their costs, the current health 1,666
insurance or health care policy, contract, or plan under which 1,667
the obligee is enrolled and its cost, and any other information 1,669
necessary to properly review the child support order;
(d) Include in the notice sent pursuant to division 1,671
(C)(1)(b) of this section, a notice that a willful failure to 1,672
provide the documents and other information requested pursuant to 1,673
division (C)(1)(c) of this section is contempt of court. 1,674
(2) If either the obligor or the obligee fails to comply 1,676
with a request for information made pursuant to division 1,677
(C)(1)(c) of this section, it is contempt of court, and the 1,678
agency shall notify the court of the failure to comply with the 1,679
request for information. The agency may request the court to 1,680
issue an order requiring the obligor or the obligee to provide 1,681
the information as requested or take whatever action is necessary 1,682
to obtain the information and make any reasonable assumptions 1,683
necessary with respect to the information the person in contempt 1,685
of court did not provide to ensure a fair and equitable review of 1,686
the child support order. If the agency decides to conduct the 1,688
review based on reasonable assumptions with respect to the 1,690
information the person in contempt of court did not provide, it 1,692
40
shall proceed under division (C)(3) of this section in the same 1,694
manner as if all requested information has been received. 1,695
(3) Upon the date established pursuant to division 1,697
(C)(1)(a) of this section for formally beginning the review of a 1,698
child support order, the agency shall review the child support 1,699
order and shall do all of the following: 1,700
(a) Calculate a revised amount of child support to be paid 1,702
under the child support order; 1,703
(b) Give the obligor and obligee notice of the revised 1,705
amount of child support to be paid under the child support order, 1,706
of their right to request an administrative hearing on the 1,707
revised amount of child support, of the procedures and time 1,708
deadlines for requesting the hearing, and that the revised amount 1,709
of child support will be submitted to the court for inclusion in 1,710
a revised child support order unless the obligor or obligee 1,711
requests an administrative hearing on the proposed change within 1,712
thirty days after receipt of the notice under this division; 1,713
(c) If neither the obligor nor the obligee timely requests 1,715
an administrative hearing on the revised amount of child support 1,716
to be paid under the child support order, submit the revised 1,717
amount of child support to the court for inclusion in a revised 1,718
child support order; 1,719
(d) If the obligor or the obligee timely requests an 1,721
administrative hearing on the revised amount of child support to 1,722
be paid under the child support order, the agency shall schedule 1,723
a hearing on the issue, give the obligor and obligee notice of 1,724
the date, time, and location of the hearing, conduct the hearing 1,725
in accordance with the rules adopted under division (B) of this 1,726
section, redetermine at the hearing a revised amount of child 1,727
support to be paid under the child support order, and give notice 1,728
of all of the following to the obligor and obligee: 1,729
(i) The revised amount of child support to be paid under 1,731
the child support order; 1,732
(ii) That they may request a court hearing on the revised 1,734
41
amount of child support; 1,735
(iii) That the agency will submit the revised amount of 1,737
child support to the court for inclusion in a revised child 1,738
support order, if neither the obligor nor the obligee requests a 1,739
court hearing on the revised amount of child support. 1,740
(e) If neither the obligor nor the obligee requests a 1,742
court hearing on the revised amount of child support to be paid 1,743
under the child support order, submit the revised amount of child 1,744
support to the court for inclusion in a revised child support 1,745
order. 1,746
(4) In calculating a revised amount of child support to be 1,748
paid under a child support order under division (C)(3)(a) of this 1,749
section, and in redetermining, at an administrative hearing 1,750
conducted under division (C)(3)(d) of this section, a revised 1,751
amount of child support to be paid under a child support order, 1,752
the child support enforcement agency shall consider, in addition 1,753
to all other factors required by law to be considered, the 1,754
following: 1,755
(a) The appropriate person, whether it is the obligor, 1,757
obligee, or both, to be required in accordance with section 1,758
3113.217 of the Revised Code to provide health insurance coverage 1,759
for the children specified in the order;
(b) The cost of health insurance coverage which the 1,762
obligor, the obligee, or both have been ordered to obtain in 1,763
accordance with section 3113.217 of the Revised Code for the 1,764
children specified in the order. 1,765
(D) If an obligor or obligee files a request for a court 1,767
hearing on a revised amount of child support to be paid under a 1,768
child support order in accordance with division (C) of this 1,769
section and the rules adopted under division (B) of this section, 1,770
the court shall conduct a hearing in accordance with division 1,771
(C)(1)(c) of section 3113.21 of the Revised Code. 1,772
(E) A child support enforcement agency is not required to 1,774
review a child support order pursuant to this section if the 1,775
42
review is not otherwise required by section 666(a)(10) of Title 1,776
42 of the U.S. Code, "Family Support Act of 1988," 102 Stat. 1,777
2346, 42 U.S.C. 666(a)(10), as amended, and any regulations 1,778
adopted pursuant to, or to enforce, that section and if either of 1,779
the following apply: 1,780
(1) The obligee has made an assignment under section 1,782
5107.20 of the Revised Code of the right to receive child support 1,784
payments, the agency determines that the review would not be in 1,785
the best interest of the children who are the subject of the 1,786
child support order, and neither the obligor nor the obligee has 1,787
requested that the review be conducted; 1,788
(2) The obligee has not made an assignment under section 1,790
5107.20 of the Revised Code of the right to receive child support 1,792
payments, neither the obligor nor the obligee has requested that
the review be conducted. 1,793
(F) A PARENT ORDERED TO PAY SUPPORT, AS THE FATHER OF A 1,796
CHILD, UNDER A CHILD SUPPORT ORDER ISSUED UNDER THIS SECTION IS 1,797
ENTITLED TO OBTAIN RELIEF FROM THE ORDER PURSUANT TO SECTION 1,798
3113.2111 OF THE REVISED CODE.
Sec. 3113.31. (A) As used in this section: 1,807
(1) "Domestic violence" means the occurrence of one or 1,809
more of the following acts against a family or household member: 1,810
(a) Attempting to cause or recklessly causing bodily 1,812
injury; 1,813
(b) Placing another person by the threat of force in fear 1,815
of imminent serious physical harm or committing a violation of 1,816
section 2903.211 or 2911.211 of the Revised Code; 1,817
(c) Committing any act with respect to a child that would 1,819
result in the child being an abused child, as defined in section 1,820
2151.031 of the Revised Code. 1,821
(2) "Court" means the domestic relations division of the 1,823
court of common pleas in counties that have a domestic relations 1,824
division, and the court of common pleas in counties that do not 1,825
have a domestic relations division. 1,826
43
(3) "Family or household member" means any of the 1,828
following: 1,829
(a) Any of the following who is residing with or has 1,831
resided with the respondent: 1,832
(i) A spouse, a person living as a spouse, or a former 1,834
spouse of the respondent; 1,835
(ii) A parent or a child of the respondent, or another 1,837
person related by consanguinity or affinity to the respondent; 1,838
(iii) A parent or a child of a spouse, person living as a 1,840
spouse, or former spouse of the respondent, or another person 1,841
related by consanguinity or affinity to a spouse, person living 1,842
as a spouse, or former spouse of the respondent. 1,843
(b) The natural parent of any child of whom the respondent 1,845
is the other natural parent or is the putative other natural 1,846
parent.
(4) "Person living as a spouse" means a person who is 1,848
living or has lived with the respondent in a common law marital 1,849
relationship, who otherwise is cohabiting with the respondent, or 1,851
who otherwise has cohabited with the respondent within five years 1,852
prior to the date of the alleged occurrence of the act in
question.
(5) "Victim advocate" means a person who provides support 1,854
and assistance for a person who files a petition under this 1,855
section.
(B) The court has jurisdiction over all proceedings under 1,857
this section. The petitioner's right to relief under this 1,858
section is not affected by the petitioner's leaving the residence 1,859
or household to avoid further domestic violence. 1,860
(C) A person may seek relief under this section on the 1,862
person's own behalf, or any parent or adult household member may 1,864
seek relief under this section on behalf of any other family or
household member, by filing a petition with the court. The 1,865
petition shall contain or state: 1,866
(1) An allegation that the respondent engaged in domestic 1,868
44
violence against a family or household member of the respondent, 1,869
including a description of the nature and extent of the domestic 1,870
violence; 1,871
(2) The relationship of the respondent to the petitioner, 1,873
and to the victim if other than the petitioner; 1,874
(3) A request for relief under this section. 1,876
(D)(1) If a person who files a petition pursuant to this 1,878
section requests an ex parte order, the court shall hold an ex 1,879
parte hearing on the same day that the petition is filed. The 1,880
court, for good cause shown at the ex parte hearing, may enter 1,881
any temporary orders, with or without bond, including, but not 1,882
limited to, an order described in division (E)(1)(a), (b), or (c) 1,883
of this section, that the court finds necessary to protect the 1,884
family or household member from domestic violence. Immediate and 1,885
present danger of domestic violence to the family or household 1,886
member constitutes good cause for purposes of this section. 1,887
Immediate and present danger includes, but is not limited to, 1,888
situations in which the respondent has threatened the family or 1,889
household member with bodily harm or in which the respondent 1,890
previously has been convicted of or pleaded guilty to an offense 1,892
that constitutes domestic violence against the family or
household member. 1,893
(2)(a) If the court, after an ex parte hearing, issues an 1,895
order described in division (E)(1)(b) or (c) of this section, the 1,896
court shall schedule a full hearing for a date that is within 1,897
seven court days after the ex parte hearing. If any other type 1,898
of protection order that is authorized under division (E) of this 1,899
section is issued by the court after an ex parte hearing, the 1,900
court shall schedule a full hearing for a date that is within ten 1,901
court days after the ex parte hearing. The court shall give the 1,902
respondent notice of, and an opportunity to be heard at, the full 1,904
hearing. The court shall hold the full hearing on the date 1,905
scheduled under this division unless the court grants a 1,906
continuance of the hearing in accordance with this division.
45
Under any of the following circumstances or for any of the 1,907
following reasons, the court may grant a continuance of the full 1,908
hearing to a reasonable time determined by the court: 1,909
(i) Prior to the date scheduled for the full hearing under 1,911
this division, the respondent has not been served with the 1,912
petition filed pursuant to this section and notice of the full 1,913
hearing.
(ii) The parties consent to the continuance. 1,915
(iii) The continuance is needed to allow a party to obtain 1,917
counsel. 1,918
(iv) The continuance is needed for other good cause. 1,920
(b) An ex parte order issued under this section does not 1,922
expire because of a failure to serve notice of the full hearing 1,923
upon the respondent before the date set for the full hearing 1,924
under division (D)(2)(a) of this section or because the court 1,925
grants a continuance under that division. 1,926
(3) If a person who files a petition pursuant to this 1,928
section does not request an ex parte order, or if a person 1,929
requests an ex parte order but the court does not issue an ex 1,930
parte order after an ex parte hearing, the court shall proceed as 1,931
in a normal civil action and grant a full hearing on the matter. 1,932
(E)(1) After an ex parte or full hearing, the court may 1,934
grant any protection order, with or without bond, or approve any 1,935
consent agreement to bring about a cessation of domestic violence 1,936
against the family or household members. The order or agreement 1,937
may: 1,938
(a) Direct the respondent to refrain from abusing the 1,940
family or household members; 1,941
(b) Grant possession of the residence or household to the 1,943
petitioner or other family or household member, to the exclusion 1,944
of the respondent, by evicting the respondent, when the residence 1,945
or household is owned or leased solely by the petitioner or other 1,946
family or household member, or by ordering the respondent to 1,947
vacate the premises, when the residence or household is jointly 1,948
46
owned or leased by the respondent, and the petitioner or other 1,949
family or household member; 1,950
(c) When the respondent has a duty to support the 1,952
petitioner or other family or household member living in the 1,953
residence or household and the respondent is the sole owner or 1,954
lessee of the residence or household, grant possession of the 1,955
residence or household to the petitioner or other family or 1,956
household member, to the exclusion of the respondent, by ordering 1,957
the respondent to vacate the premises, or, in the case of a 1,958
consent agreement, allow the respondent to provide suitable, 1,959
alternative housing; 1,960
(d) Temporarily allocate parental rights and 1,962
responsibilities for the care of, or establish temporary 1,963
visitation rights with regard to, minor children, if no other 1,964
court has determined, or is determining, the allocation of 1,965
parental rights and responsibilities for the minor children or 1,966
visitation rights; 1,967
(e) Require the respondent to maintain support, if the 1,969
respondent customarily provides for or contributes to the support 1,970
of the family or household member, or if the respondent has a 1,971
duty to support the petitioner or family or household member; 1,972
(f) Require the respondent, petitioner, victim of domestic 1,974
violence, or any combination of those persons, to seek 1,975
counseling; 1,976
(g) Require the respondent to refrain from entering the 1,978
residence, school, business, or place of employment of the 1,979
petitioner or family or household member; 1,980
(h) Grant other relief that the court considers equitable 1,982
and fair, including, but not limited to, ordering the respondent 1,983
to permit the use of a motor vehicle by the petitioner or other 1,984
family or household member and the apportionment of household and 1,985
family personal property. 1,986
(2) If a protection order has been issued pursuant to this 1,988
section in a prior action involving the respondent and the 1,989
47
petitioner or one or more of the family or household members, the 1,990
court may include in a protection order that it issues a 1,991
prohibition against the respondent returning to the residence or 1,992
household. If it includes a prohibition against the respondent 1,994
returning to the residence or household in the order, it also 1,995
shall include in the order provisions of the type described in 1,996
division (E)(7) of this section. This division does not preclude 1,998
the court from including in a protection order or consent 1,999
agreement, in circumstances other than those described in this 2,000
division, a requirement that the respondent be evicted from or 2,001
vacate the residence or household or refrain from entering the 2,002
residence, school, business, or place of employment of the 2,003
petitioner or a family or household member, and, if the court 2,004
includes any requirement of that type in an order or agreement, 2,005
the court also shall include in the order provisions of the type 2,006
described in division (E)(7) of this section. 2,007
(3)(a) Any protection order issued or consent agreement 2,010
approved under this section shall be valid until a date certain, 2,011
but not later than five years from the date of its issuance or 2,012
approval.
(b) Subject to the limitation on the duration of an order 2,014
or agreement set forth in division (E)(3)(a) of this section, any 2,015
order under division (E)(1)(d) of this section shall terminate on 2,016
the date that a court in an action for divorce, dissolution of 2,018
marriage, or legal separation brought by the petitioner or
respondent issues an order allocating parental rights and 2,019
responsibilities for the care of children or on the date that a 2,020
juvenile court in an action brought by the petitioner or 2,021
respondent issues an order awarding legal custody of minor 2,022
children. Subject to the limitation on the duration of an order
or agreement set forth in division (E)(3)(a) of this section, any 2,023
order under division (E)(1)(e) of this section shall terminate on 2,024
the date that a court in an action for divorce, dissolution of 2,025
marriage, or legal separation brought by the petitioner or 2,026
48
respondent issues a support order or on the date that a juvenile 2,027
court in an action brought by the petitioner or respondent issues
a support order. 2,028
(c) Any protection order issued or consent agreement 2,031
approved pursuant to this section may be renewed in the same 2,032
manner as the original order or agreement was issued or approved. 2,033
(4) A court may not issue a protection order that requires 2,035
a petitioner to do or to refrain from doing an act that the court 2,036
may require a respondent to do or to refrain from doing under 2,037
division (E)(1)(a), (b), (c), (d), (e), (g), or (h) of this 2,038
section unless all of the following apply:
(a) The respondent files a separate petition for a 2,040
protection order in accordance with this section. 2,041
(b) The petitioner is served notice of the respondent's 2,043
petition at least forty-eight hours before the court holds a 2,044
hearing with respect to the respondent's petition, or the 2,045
petitioner waives the right to receive this notice. 2,046
(c) If the petitioner has requested an ex parte order 2,048
pursuant to division (D) of this section, the court does not 2,049
delay any hearing required by that division beyond the time 2,050
specified in that division in order to consolidate the hearing 2,051
with a hearing on the petition filed by the respondent.
(d) After a full hearing at which the respondent presents 2,053
evidence in support of the request for a protection order and the 2,054
petitioner is afforded an opportunity to defend against that 2,055
evidence, the court determines that the petitioner has committed 2,056
an act of domestic violence or has violated a temporary 2,057
protection order issued pursuant to section 2919.26 of the
Revised Code, that both the petitioner and the respondent acted 2,058
primarily as aggressors, and that neither the petitioner nor the 2,059
respondent acted primarily in self-defense. 2,060
(5) No protection order issued or consent agreement 2,062
approved under this section shall in any manner affect title to 2,064
any real property.
49
(6)(a) If a petitioner, or the child of a petitioner, who 2,066
obtains a protection order or consent agreement pursuant to 2,067
division (E)(1) of this section or a temporary protection order 2,068
pursuant to section 2919.26 of the Revised Code and is the 2,069
subject of a visitation or companionship order issued pursuant to 2,070
section 3109.051, 3109.11, or 3109.12 of the Revised Code or 2,071
division (E)(1)(d) of this section granting visitation or 2,072
companionship rights to the respondent, the court may require the 2,073
public children services agency of the county in which the court 2,074
is located to provide supervision of the respondent's exercise of
visitation or companionship rights with respect to the child for 2,075
a period not to exceed nine months, if the court makes the 2,076
following findings of fact: 2,077
(i) The child is in danger from the respondent; 2,079
(ii) No other person or agency is available to provide the 2,081
supervision.
(b) A court that requires an agency to provide supervision 2,083
pursuant to division (E)(6)(a) of this section shall order the 2,085
respondent to reimburse the agency for the cost of providing the 2,086
supervision, if it determines that the respondent has sufficient 2,088
income or resources to pay that cost.
(7)(a) If a protection order issued or consent agreement 2,090
approved under this section includes a requirement that the 2,091
respondent be evicted from or vacate the residence or household 2,092
or refrain from entering the residence, school, business, or 2,093
place of employment of the petitioner or a family or household 2,094
member, the order or agreement shall state clearly that the order 2,095
or agreement cannot be waived or nullified by an invitation to 2,096
the respondent from the petitioner or other family or household 2,097
member to enter the residence, school, business, or place of 2,098
employment or by the respondent's entry into one of those places 2,099
otherwise upon the consent of the petitioner or other family or 2,100
household member. 2,101
(b) Division (E)(7)(a) of this section does not limit any 2,104
50
discretion of a court to determine that a respondent charged with 2,105
a violation of section 2919.27 of the Revised Code, with a 2,106
violation of a municipal ordinance substantially equivalent to 2,107
that section, or with contempt of court, which charge is based on 2,108
an alleged violation of a protection order issued or consent 2,109
agreement approved under this section, did not commit the 2,111
violation or was not in contempt of court. 2,112
(F)(1) A copy of any protection order, or consent 2,114
agreement, that is issued or approved under this section shall be 2,115
issued by the court to the petitioner, to the respondent, and to 2,116
all law enforcement agencies that have jurisdiction to enforce 2,117
the order or agreement. The court shall direct that a copy of an 2,118
order be delivered to the respondent on the same day that the 2,119
order is entered. 2,120
(2) All law enforcement agencies shall establish and 2,122
maintain an index for the protection orders and the approved 2,123
consent agreements delivered to the agencies pursuant to division 2,124
(F)(1) of this section. With respect to each order and consent 2,125
agreement delivered, each agency shall note on the index the date 2,127
and time that it received the order or consent agreement.
(3) Regardless of whether the petitioner has registered 2,129
the order or agreement in the county in which the officer's 2,130
agency has jurisdiction pursuant to division (N) of this section, 2,131
any officer of a law enforcement agency shall enforce a 2,133
protection order issued or consent agreement approved by any
court in this state in accordance with the provisions of the 2,135
order or agreement, including removing the respondent from the 2,136
premises, if appropriate.
(G) Any proceeding under this section shall be conducted 2,138
in accordance with the Rules of Civil Procedure, except that an 2,139
order under this section may be obtained with or without bond. 2,140
An order issued under this section, other than an ex parte order, 2,141
that grants a protection order or approves a consent agreement, 2,142
or that refuses to grant a protection order or approve a consent 2,143
51
agreement, is a final, appealable order. The remedies and 2,144
procedures provided in this section are in addition to, and not 2,146
in lieu of, any other available civil or criminal remedies. 2,147
(H) The filing of proceedings under this section does not 2,149
excuse a person from filing any report or giving any notice 2,150
required by section 2151.421 of the Revised Code or by any other 2,151
law. When a petition under this section alleges domestic 2,152
violence against minor children, the court shall report the fact, 2,153
or cause reports to be made, to a county, township, or municipal 2,154
peace officer under section 2151.421 of the Revised Code. 2,155
(I) Any law enforcement agency that investigates a 2,157
domestic dispute shall provide information to the family or 2,158
household members involved regarding the relief available under 2,159
this section and section 2919.26 of the Revised Code. 2,160
(J) Notwithstanding any provision of law to the contrary, 2,162
no court shall charge a fee for the filing of a petition pursuant 2,163
to this section. 2,164
(K)(1) Each order for support made or modified under this 2,166
section shall include as part of the order a general provision, 2,168
as described in division (A)(1) of section 3113.21 of the Revised 2,169
Code, requiring the withholding or deduction of income or assets 2,170
of the obligor under the order as described in division (D) of 2,172
section 3113.21 of the Revised Code or another type of 2,173
appropriate requirement as described in division (D)(3), (D)(4), 2,174
or (H) of that section, to ensure that withholding or deduction 2,176
from the income or assets of the obligor is available from the 2,177
commencement of the support order for collection of the support 2,178
and of any arrearages that occur; a statement requiring all 2,179
parties to the order to notify the child support enforcement 2,180
agency in writing of their current mailing address, current 2,181
residence address, current residence telephone number, current 2,182
driver's license number, and any changes to that information; and 2,183
a notice that the requirement to notify the agency of all changes 2,185
to that information continues until further notice from the 2,187
52
court. The court shall comply with sections 3113.21 to 3113.219 2,188
of the Revised Code when it makes or modifies an order for child 2,189
support under this section.
If any person required to pay child support under an order 2,191
made under this section on or after April 15, 1985, or modified 2,192
under this section on or after December 31, 1986, is found in 2,193
contempt of court for failure to make support payments under the 2,194
order, the court that makes the finding, in addition to any other 2,195
penalty or remedy imposed, shall assess all court costs arising 2,196
out of the contempt proceeding against the person and require the 2,197
person to pay any reasonable attorney's fees of any adverse 2,198
party, as determined by the court, that arose in relation to the 2,199
act of contempt. 2,200
(2) Notwithstanding section 3109.01 of the Revised Code, 2,202
if a court issues a child support order under this section, the 2,203
order shall remain in effect beyond the child's eighteenth 2,204
birthday as long as the child continuously attends on a full-time 2,205
basis any recognized and accredited high school or the order 2,206
provides that the duty of support of the child continues beyond 2,207
the child's eighteenth birthday. Except in cases in which the 2,208
order provides that the duty of support continues for any period 2,209
after the child reaches nineteen years of age, the order shall 2,210
not remain in effect after the child reaches nineteen years of 2,211
age. Any parent ordered to pay support under a child support 2,212
order issued under this section shall continue to pay support 2,213
under the order, including during seasonal vacation periods, 2,214
until the order terminates. A PARENT ORDERED TO PAY SUPPORT, AS 2,215
THE FATHER OF A CHILD, UNDER A CHILD SUPPORT ORDER ISSUED UNDER 2,216
THIS SECTION IS ENTITLED TO OBTAIN RELIEF FROM THE ORDER PURSUANT 2,217
TO SECTION 3113.2111 OF THE REVISED CODE.
(L)(1) A person who violates a protection order issued or 2,219
a consent agreement approved under this section is subject to the 2,220
following sanctions: 2,221
(a) Criminal prosecution for a violation of section 2,223
53
2919.27 of the Revised Code, if the violation of the protection 2,224
order or consent agreement constitutes a violation of that 2,225
section; 2,226
(b) Punishment for contempt of court. 2,228
(2) The punishment of a person for contempt of court for 2,230
violation of a protection order issued or a consent agreement 2,231
approved under this section does not bar criminal prosecution of 2,232
the person for a violation of section 2919.27 of the Revised 2,233
Code. However, a person punished for contempt of court is 2,234
entitled to credit for the punishment imposed upon conviction of 2,235
a violation of that section, and a person convicted of a 2,236
violation of that section shall not subsequently be punished for 2,237
contempt of court arising out of the same activity. 2,238
(M) In all stages of a proceeding under this section, a 2,240
petitioner may be accompanied by a victim advocate. 2,241
(N)(1) A petitioner who obtains a protection order or 2,243
consent agreement under this section or a temporary protection 2,244
order under section 2919.26 of the Revised Code may provide 2,245
notice of the issuance or approval of the order or agreement to 2,246
the judicial and law enforcement officials in any county other
than the county in which the order is issued or the agreement is 2,247
approved by registering that order or agreement in the other 2,248
county pursuant to division (N)(2) of this section and filing a 2,249
copy of the registered order or registered agreement with a law 2,250
enforcement agency in the other county in accordance with that 2,251
division. A person who obtains a protection order issued by a
court of another state may provide notice of the issuance of the 2,252
order to the judicial and law enforcement officials in any county 2,253
of this state by registering the order in that county pursuant to 2,254
section 2919.272 of the Revised Code and filing a copy of the 2,255
registered order with a law enforcement agency in that county. 2,256
(2) A petitioner may register a temporary protection 2,258
order, protection order, or consent agreement in a county other 2,259
than the county in which the court that issued the order or 2,260
54
approved the agreement is located in the following manner: 2,261
(a) The petitioner shall obtain a certified copy of the 2,263
order or agreement from the clerk of the court that issued the 2,264
order or approved the agreement and present that certified copy 2,265
to the clerk of the court of common pleas or the clerk of a 2,266
municipal court or county court in the county in which the order 2,267
or agreement is to be registered. 2,268
(b) Upon accepting the certified copy of the order or 2,270
agreement for registration, the clerk of the court of common 2,271
pleas, municipal court, or county court shall place an 2,272
endorsement of registration on the order or agreement and give 2,273
the petitioner a copy of the order or agreement that bears that 2,274
proof of registration. 2,275
(3) The clerk of each court of common pleas, the clerk of 2,277
each municipal court, and the clerk of each county court shall 2,278
maintain a registry of certified copies of temporary protection 2,279
orders, protection orders, or consent agreements that have been 2,280
issued or approved by courts in other counties and that have been 2,281
registered with the clerk. 2,282
(4) If a petitioner who obtains a protection order or 2,284
consent agreement under this section or a temporary protection 2,285
order under section 2919.26 of the Revised Code wishes to 2,286
register the order or agreement in any county other than the 2,287
county in which the order was issued or the agreement was
approved, pursuant to divisions (N)(1) to (3) of this section, 2,288
and if the petitioner is indigent, both of the following apply: 2,289
(a) If the petitioner submits to the clerk of the court 2,291
that issued the order or approved the agreement satisfactory 2,292
proof that the petitioner is indigent, the clerk may waive any 2,293
fee that otherwise would be required for providing the petitioner 2,294
with a certified copy of the order or agreement to be used for
purposes of divisions (N)(1) to (3) of this section; 2,295
(b) If the petitioner submits to the clerk of the court of 2,297
common pleas or the clerk of a municipal court or county court in 2,298
55
the county in which the order or agreement is to be registered 2,300
satisfactory proof that the petitioner is indigent, the clerk may 2,301
waive any fee that otherwise would be required for accepting for
registration a certified copy of the order or agreement, for 2,302
placing an endorsement of registration on the order or agreement, 2,303
or for giving the petitioner a copy of the order or agreement 2,304
that bears the proof of registration. 2,305
Sec. 3115.31. (A) If a support order entitled to 2,314
recognition under sections 3115.01 to 3115.59 of the Revised Code 2,316
has not been issued, a responding tribunal of this state may 2,319
issue a support order if either of the following apply:
(1) The individual seeking the order resides in another 2,321
state; 2,322
(2) The support enforcement agency seeking the order is 2,324
located in another state. 2,325
(B) The tribunal may issue a temporary child support order 2,327
if any of the following apply: 2,328
(1) The defendant has signed a verified statement 2,330
acknowledging that the defendant is the parent of the child; 2,331
(2) The defendant has been determined by or pursuant to 2,333
law to be the parent; 2,334
(3) There is other clear and convincing evidence that the 2,336
defendant is the child's parent. 2,337
(C)(1) If the responding tribunal finds, after giving 2,339
notice and an opportunity to be heard to the obligor, that the 2,340
obligor owes a duty of support, it shall issue a support order 2,341
directed to the obligor and may issue any other order under 2,343
section 3115.16 of the Revised Code. Support orders made 2,344
pursuant to sections 3115.01 to 3115.59 of the Revised Code shall 2,346
require that payments be made to the division of child support in 2,347
the department of human services. 2,348
(2) The responding tribunal shall transmit to the 2,350
initiating tribunal a copy of all orders of support or for 2,351
reimbursement of support. 2,352
56
(3) Each order for support made or modified under section 2,355
3115.16 of the Revised Code, this section, and under former 2,356
section 3115.22 of the Revised Code on or after December 31, 2,358
1993, shall include as part of the order a general provision, as 2,360
described in division (A)(1) of section 3113.21 of the Revised 2,361
Code, requiring the withholding or deduction of income or assets 2,362
of the obligor under the order as described in division (D) of 2,363
section 3113.21 of the Revised Code or another type of 2,364
appropriate requirement as described in division (D)(3), (D)(4), 2,365
or (H) of that section, to ensure that withholding or deduction 2,367
from the income or assets of the obligor is available from the 2,368
commencement of the support order for collection of the support 2,369
and of any arrearages that occur; a statement requiring all 2,370
parties to the order to notify the support enforcement agency in 2,371
writing of their current mailing address, current residence 2,372
address, current residence telephone number, current driver's 2,373
license number, and any changes to that information; and a notice 2,374
that the requirement to notify the agency of all changes to that 2,376
information continues until further notice from the tribunal. 2,377
Any tribunal that makes or modifies an order for support under 2,379
this section or former section 3115.22 of the Revised Code on or 2,380
after April 12, 1990, shall comply with sections 3113.21 to 2,382
3113.219 of the Revised Code. If any person required to pay 2,383
child support under an order made under this section or former 2,384
section 3115.22 of the Revised Code on or after April 15, 1985, 2,386
or any person required to pay support under an order made or 2,387
modified under this section or former section 3115.22 of the 2,388
Revised Code on or after December 31, 1986, is found in contempt 2,390
of court for failure to make support payments under the order, 2,391
the tribunal that makes the finding, in addition to any other 2,392
penalty or remedy imposed, shall assess all court costs arising 2,393
out of the contempt proceeding against the person and require the 2,394
person to pay any reasonable attorney's fees of any adverse 2,395
party, as determined by the tribunal, that arose in relation to 2,396
57
the act of contempt. 2,397
(D) A PARENT ORDERED TO PAY SUPPORT, AS THE FATHER OF A 2,399
CHILD, UNDER A CHILD SUPPORT ORDER ISSUED UNDER THIS SECTION IS 2,400
ENTITLED TO OBTAIN RELIEF FROM THE ORDER PURSUANT TO SECTION 2,401
3113.2111 OF THE REVISED CODE.
Section 2. That existing sections 2151.23, 3105.21, 2,403
3109.05, 3109.19, 3111.13, 3111.20, 3111.22, 3111.27, 3113.04, 2,404
3113.07, 3113.216, 3113.31, and 3115.31 of the Revised Code are 2,405
hereby repealed. 2,406