As Reported by the Senate Judiciary Committee 1
123rd General Assembly 4
Regular Session Sub. H. B. No. 242 5
1999-2000 6
REPRESENTATIVES JONES-WINKLER-SUTTON-CORBIN-KREBS-PRINGLE- 8
NETZLEY-PADGETT-VAN VYVEN-HOOD-TIBERI-HARTNETT-D. MILLER- 9
JOLIVETTE-SULZER-SCHULER-ALLEN-JAMES-WILLAMOWSKI-SMITH-O'BRIEN- 10
DAMSCHRODER-SYKES-HOLLISTER-YOUNG-BOYD-FORD-FERDERBER-OGG-DePIERO- 11
BARRETT-BRITTON-GOODING-BUCHY-FLANNERY-HOOPS-VESPER-PATTON 12
_________________________________________________________________
A B I L L
To amend sections 3111.13 and 3111.37 and to enact 14
section 3113.2111 of the Revised Code to require 16
a court to grant relief from a final judgment, 17
order, or administrative determination that
determines paternity or requires the payment of 19
child support and to prohibit an award of 20
arrearages for child support for the failure to 21
support a child prior to the date the court 22
issues an order requiring a parent to pay current
support of a child if the parent had no knowledge 23
of his alleged paternity of the child and the 24
child is three years of age or older. 25
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 27
Section 1. That sections 3111.13 and 3111.37 be amended 29
and section 3113.2111 of the Revised Code be enacted to read as 30
follows:
Sec. 3111.13. (A) The judgment or order of the court 39
determining the existence or nonexistence of the parent and child 40
relationship is determinative for all purposes. 41
(B) If the judgment or order of the court is at variance 43
with the child's birth record, the court may order that a new 44
birth record be issued under section 3111.18 of the Revised Code. 45
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(C) The EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, THE 47
judgment or order may contain any other provision directed 49
against the appropriate party to the proceeding, concerning the 50
duty of support, the furnishing of bond or other security for the 51
payment of the judgment, or any other matter in the best interest 52
of the child. The judgment or order shall direct the father to 53
pay all or any part of the reasonable expenses of the mother's 54
pregnancy and confinement. After entry of the judgment or order, 55
the father may petition that he be designated the residential 56
parent and legal custodian of the child or for visitation rights 57
in a proceeding separate from any action to establish paternity. 58
Additionally, if the mother is unmarried, the father, the parents 59
of the father, any relative of the father, the parents of the 60
mother, and any relative of the mother may file a complaint 61
pursuant to section 3109.12 of the Revised Code requesting the 62
granting under that section of reasonable companionship or 63
visitation rights with respect to the child. 64
The judgment or order shall contain any provision required 66
by section 3111.14 of the Revised Code. 67
(D) Support judgments or orders ordinarily shall be for 69
periodic payments that may vary in amount. In the best interest 70
of the child, a lump-sum payment or the purchase of an annuity 71
may be ordered in lieu of periodic payments of support. 72
(E) In determining the amount to be paid by a parent for 74
support of the child and the period during which the duty of 75
support is owed, a court enforcing the obligation of support 76
shall comply with sections 3113.21 to 3113.219 of the Revised 77
Code. 78
(F)(1) Each order for child support made or modified under 80
this section shall include as part of the order a general 82
provision, as described in division (A)(1) of section 3113.21 of 83
the Revised Code, requiring the withholding or deduction of 84
income or assets of the obligor under the order as described in 86
division (D) or (H) of section 3113.21 of the Revised Code, or 87
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another type of appropriate requirement as described in division 88
(D)(3), (D)(4), or (H) of that section, to ensure that 90
withholding or deduction from the income or assets of the obligor 92
is available from the commencement of the support order for 93
collection of the support and of any arrearages that occur; a 94
statement requiring all parties to the order to notify the child 95
support enforcement agency in writing of their current mailing 96
address, current residence address, current residence telephone 97
number, current driver's license number, and any changes to that 98
information; and a notice that the requirement to notify the 100
agency of all changes to that information continues until further 102
notice from the court. Any court that makes or modifies an order 103
for child support under this section shall comply with sections 104
3113.21 to 3113.219 of the Revised Code. If any person required 105
to pay child support under an order made under this section on or 106
after April 15, 1985, or modified on or after December 1, 1986, 107
is found in contempt of court for failure to make support 108
payments under the order, the court that makes the finding, in 109
addition to any other penalty or remedy imposed, shall assess all 110
court costs arising out of the contempt proceeding against the 111
person and require the person to pay any reasonable attorney's 112
fees of any adverse party, as determined by the court, that arose 113
in relation to the act of contempt. 114
(2) Notwithstanding section 3109.01 of the Revised Code, 116
if a court issues a child support order under this section, the 117
order shall remain in effect beyond the child's eighteenth 118
birthday as long as the child continuously attends on a full-time 119
basis any recognized and accredited high school or the order 121
provides that the duty of support of the child continues beyond 122
the child's eighteenth birthday. Except in cases in which the 124
order provides that the duty of support continues for any period 125
after the child reaches nineteen years of age, the order shall 126
not remain in effect after the child reaches age nineteen. Any 127
parent ordered to pay support under a child support order issued 128
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under this section shall continue to pay support under the order, 129
including during seasonal vacation periods, until the order 130
terminates. 131
(3) When a court determines whether to require a parent to 133
pay an amount for that parent's failure to support a child prior 134
to the date the court issues an order requiring that parent to 135
pay an amount for the current support of that child, it shall 136
consider all relevant factors, including, but not limited to, any 137
monetary contribution either parent of the child made to the 138
support of the child prior to the court issuing the order 139
requiring the parent to pay an amount for the current support of 140
the child. 141
(4)(a) A COURT SHALL NOT REQUIRE A PARENT TO PAY AN AMOUNT 143
FOR THAT PARENT'S FAILURE TO SUPPORT A CHILD PRIOR TO THE DATE 144
THE COURT ISSUES AN ORDER REQUIRING THAT PARENT TO PAY AN AMOUNT 145
FOR THE CURRENT SUPPORT OF THAT CHILD OR TO PAY ALL OR ANY PART 146
OF THE REASONABLE EXPENSES OF THE MOTHER'S PREGNANCY AND 147
CONFINEMENT, IF BOTH OF THE FOLLOWING APPLY:
(i) AT THE TIME OF THE INITIAL FILING OF AN ACTION TO 149
DETERMINE THE EXISTENCE OF THE PARENT AND CHILD RELATIONSHIP WITH 150
RESPECT TO THAT PARENT, THE CHILD WAS OVER THREE YEARS OF AGE. 151
(ii) PRIOR TO THE INITIAL FILING OF AN ACTION TO DETERMINE 153
THE EXISTENCE OF THE PARENT AND CHILD RELATIONSHIP WITH RESPECT 154
TO THAT PARENT, THE ALLEGED FATHER HAD NO KNOWLEDGE AND HAD NO 155
REASON TO HAVE KNOWLEDGE OF HIS ALLEGED PATERNITY OF THE CHILD. 156
(b) FOR PURPOSES OF DIVISION (F)(4)(a)(ii) OF THIS 159
SECTION, THE MOTHER OF THE CHILD MAY ESTABLISH THAT THE ALLEGED 160
FATHER HAD OR SHOULD HAVE HAD KNOWLEDGE OF THE PATERNITY OF THE 161
CHILD BY SHOWING, BY A PREPONDERANCE OF THE EVIDENCE, THAT SHE 162
PERFORMED A REASONABLE AND DOCUMENTED EFFORT TO CONTACT AND
NOTIFY THE ALLEGED FATHER OF HIS PATERNITY OF THE CHILD. 163
(c) A PARTY IS ENTITLED TO OBTAIN MODIFICATION OF AN 165
EXISTING ORDER FOR ARREARAGES UNDER THIS DIVISION REGARDLESS OF 166
WHETHER THE JUDGMENT, COURT ORDER, OR ADMINISTRATIVE SUPPORT 167
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ORDER FROM WHICH RELIEF IS SOUGHT WAS ISSUED PRIOR TO, ON, OR 168
AFTER THE EFFECTIVE DATE OF THIS AMENDMENT.
(G) As used in this section, "birth record" has the same 170
meaning as in section 3705.01 of the Revised Code. 171
(H) Unless the court has reason to believe that a person 173
named in the order is a potential victim of domestic violence, 174
any order issued pursuant to this section finding the existence 176
of a parent and child relationship shall contain the full names, 177
addresses, and social security numbers of the mother and father 178
of the child and the full name and address of the child. 179
Sec. 3111.37. (A) If a married woman is the subject of a 188
non-spousal artificial insemination and if her husband consented 189
to the artificial insemination, the husband shall be treated in 190
law and regarded as the natural father of a child conceived as a 191
result of the artificial insemination, and a child so conceived 192
shall be treated in law and regarded as the natural child of the 193
husband. A presumption that arises under division (A)(1) or (2) 194
of section 3111.03 of the Revised Code is conclusive with respect 195
to this father and child relationship, and no action or 196
proceeding under sections 3111.01 to 3111.19 or section 3111.22 198
OR 3113.2111 of the Revised Code shall affect the relationship. 200
(B) If a woman is the subject of a non-spousal artificial 202
insemination, the donor shall not be treated in law or regarded 203
as the natural father of a child conceived as a result of the 204
artificial insemination, and a child so conceived shall not be 205
treated in law or regarded as the natural child of the donor. No 206
action or proceeding under sections 3111.01 to 3111.19 or section 208
3111.22 of the Revised Code shall affect these consequences. 209
Sec. 3113.2111. (A)(1) NOTWITHSTANDING THE PROVISIONS TO 211
THE CONTRARY IN CIVIL RULE 60(B) AND IN ACCORDANCE WITH THIS 213
SECTION, A PERSON MAY FILE A MOTION FOR RELIEF FROM A FINAL 215
JUDGMENT, COURT ORDER, OR ADMINISTRATIVE DETERMINATION OR ORDER 216
THAT DETERMINES THAT THE PERSON OR A MALE MINOR REFERRED TO IN 217
DIVISION (B) OF SECTION 3109.19 OF THE REVISED CODE IS THE FATHER 218
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OF A CHILD OR THAT REQUIRES THE PERSON OR MALE MINOR TO PAY CHILD 220
SUPPORT. THE PERSON SHALL FILE THE MOTION IN THE COURT OF COMMON 221
PLEAS OF THE COUNTY IN WHICH THE ORIGINAL JUDGMENT, COURT ORDER, 222
OR ADMINISTRATIVE DETERMINATION OR ORDER WAS MADE. 223
(2) UPON THE MOTION OF ANY ADVERSE PARTY OR UPON ITS OWN 225
MOTION, THE COURT IN WHICH AN ACTION IS BROUGHT UNDER THIS 226
SECTION MAY TRANSFER THE ACTION TO THE COUNTY IN WHICH AN ADVERSE 228
PARTY RESIDES WHEN IT APPEARS TO THE COURT THAT THE LOCATION OF 229
THE ORIGINAL VENUE PRESENTS A HARDSHIP FOR THAT ADVERSE PARTY.
(B)(1) UPON THE FILING OF A MOTION FOR RELIEF UNDER 231
DIVISION (A)(1) OF THIS SECTION, A COURT SHALL GRANT RELIEF FROM 232
A FINAL JUDGMENT, COURT ORDER, OR ADMINISTRATIVE DETERMINATION OR 234
ORDER THAT DETERMINES THAT A PERSON OR MALE MINOR IS THE FATHER 235
OF A CHILD OR THAT REQUIRES A PERSON OR MALE MINOR TO PAY CHILD 236
SUPPORT FOR A CHILD IF ALL OF THE FOLLOWING APPLY: 237
(a) THE COURT RECEIVES GENETIC TEST RESULTS FROM A GENETIC 239
TEST ADMINISTERED NO MORE THAN SIX MONTHS PRIOR TO THE FILING OF 240
THE MOTION FOR RELIEF THAT FINDS THAT THERE IS A ZERO PER CENT 242
PROBABILITY THAT THE PERSON OR MALE MINOR IS THE FATHER OF THE 243
CHILD. 244
(b) THE PERSON OR MALE MINOR HAS NOT ADOPTED THE CHILD. 246
(c) THE CHILD WAS NOT CONCEIVED AS A RESULT OF ARTIFICIAL 248
INSEMINATION IN COMPLIANCE WITH SECTIONS 3111.30 TO 3111.38 OF 249
THE REVISED CODE. 250
(2) A COURT SHALL NOT DENY RELIEF FROM A FINAL JUDGMENT, 252
COURT ORDER, OR ADMINISTRATIVE DETERMINATION OR ORDER THAT 253
DETERMINES THAT A PERSON OR MALE MINOR IS THE FATHER OF A CHILD 254
OR THAT REQUIRES A PERSON OR MALE MINOR TO PAY CHILD SUPPORT FOR 255
A CHILD SOLELY BECAUSE OF THE OCCURRENCE OF ANY OF THE FOLLOWING 256
ACTS IF THE PERSON OR MALE MINOR AT THE TIME OF OR PRIOR TO THE 258
OCCURRENCE OF THAT ACT DID NOT KNOW THAT HE WAS NOT THE NATURAL 260
FATHER OF THE CHILD:
(a) THE PERSON OR MALE MINOR MARRIED THE MOTHER OF THE 262
CHILD.
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(b) THE PERSON OR MALE MINOR ACKNOWLEDGED HIS PATERNITY OF 264
THE CHILD IN A WRITING SWORN TO BEFORE A NOTARY PUBLIC. 265
(c) THE PERSON OR MALE MINOR WAS NAMED AS THE CHILD'S 267
NATURAL FATHER ON THE CHILD'S BIRTH CERTIFICATE WITH THE VALID 268
CONSENT OF THE PERSON OR MALE MINOR. 269
(d) THE PERSON OR MALE MINOR WAS REQUIRED TO SUPPORT THE 271
CHILD BECAUSE OF A WRITTEN VOLUNTARY PROMISE OR BY A COURT ORDER 273
OR AN ADMINISTRATIVE SUPPORT ORDER. 274
(e) THE PERSON OR MALE MINOR VALIDLY SIGNED THE CHILD'S 276
BIRTH CERTIFICATE AS AN INFORMANT AS PROVIDED IN SECTION 3705.09 277
OF THE REVISED CODE AS THAT SECTION EXISTED PRIOR TO JANUARY 1, 279
1998.
(f) THE PERSON OR MALE MINOR WAS NAMED IN AN 281
ACKNOWLEDGMENT OF PATERNITY OF THE CHILD THAT A COURT ENTERED 282
UPON ITS JOURNAL PURSUANT TO FORMER SECTION 2105.18 OF THE 283
REVISED CODE.
(g) THE PERSON OR MALE MINOR WAS NAMED IN AN 285
ACKNOWLEDGMENT OF PATERNITY OF THE CHILD THAT HAS BECOME FINAL 286
UNDER SECTION 2151.232, 3111.211, OR 5101.314 OF THE REVISED 287
CODE.
(h) THE PERSON OR MALE MINOR WAS PRESUMED TO BE THE 289
NATURAL FATHER OF THE CHILD UNDER ANY OF THE CIRCUMSTANCES LISTED 290
IN SECTION 3111.03 OF THE REVISED CODE. 291
(i) THE PERSON OR MALE MINOR WAS DETERMINED TO BE THE 293
FATHER OF THE CHILD IN A PARENTAGE ACTION UNDER CHAPTER 3111. OF 294
THE REVISED CODE. 295
(j) THE PERSON OR MALE MINOR OTHERWISE ADMITTED OR 297
ACKNOWLEDGED HIMSELF TO BE THE CHILD'S NATURAL FATHER. 298
(C) A COURT SHALL NOT GRANT RELIEF FROM A FINAL JUDGMENT, 300
COURT ORDER, OR ADMINISTRATIVE DETERMINATION OR ORDER THAT 302
DETERMINES THAT A PERSON OR MALE MINOR IS THE FATHER OF A CHILD 305
OR THAT REQUIRES A PERSON OR MALE MINOR TO PAY CHILD SUPPORT FOR 306
A CHILD IF THE COURT DETERMINES, BY A PREPONDERANCE OF THE
EVIDENCE, THAT THE PERSON OR MALE MINOR KNEW THAT HE WAS NOT THE 307
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NATURAL FATHER OF THE CHILD BEFORE ANY OF THE FOLLOWING: 308
(1) ANY ACT LISTED IN DIVISIONS (B)(2)(a) TO (g) OF THIS 311
SECTION OCCURRED. 312
(2) THE PERSON OR MALE MINOR WAS PRESUMED TO BE THE 314
NATURAL FATHER OF THE CHILD UNDER ANY OF THE CIRCUMSTANCES LISTED 315
IN DIVISIONS (A)(1) TO (4) OF SECTION 3111.03 OF THE REVISED 316
CODE.
(3) THE PERSON OR MALE MINOR OTHERWISE ADMITTED OR 318
ACKNOWLEDGED HIMSELF TO BE THE CHILD'S FATHER. 319
(D)(1) IN ANY ACTION FOR RELIEF INSTITUTED UNDER THIS 321
SECTION, IF THE GENETIC TEST RESULTS SUBMITTED IN CONNECTION WITH 322
THE MOTION FOR RELIEF ARE SOLELY PROVIDED BY THE MOVING PARTY, 324
THE COURT, UPON ITS OWN MOTION, MAY ORDER AND, UPON THE MOTION OF 325
ANY PARTY TO THE ACTION, SHALL ORDER THE CHILD'S MOTHER, THE 326
CHILD, AND THE ALLEGED FATHER TO SUBMIT TO GENETIC TESTS. THE 327
CLERK OF THE COURT SHALL SCHEDULE THE GENETIC TESTING NO LATER 328
THAN THIRTY DAYS AFTER THE COURT ISSUES ITS ORDER. 329
(2) IF THE MOTHER IS THE CUSTODIAN OF THE CHILD AND 331
WILLFULLY FAILS TO SUBMIT THE CHILD TO GENETIC TESTING, IF THE 332
ALLEGED FATHER OF THE CHILD WILLFULLY FAILS TO SUBMIT HIMSELF TO 333
GENETIC TESTING, OR IF THE ALLEGED FATHER IS THE CUSTODIAN OF THE 334
CHILD AND WILLFULLY FAILS TO SUBMIT THE CHILD TO GENETIC TESTING, 335
THE COURT SHALL ISSUE AN ORDER DETERMINING THE MOTION FOR RELIEF 336
AGAINST THE PARTY FAILING TO SUBMIT THE PARTY OR THE CHILD TO THE 337
GENETIC TESTING. IF A PARTY SHOWS GOOD CAUSE FOR FAILING TO 339
SUBMIT TO GENETIC TESTING OR FOR FAILING TO SUBMIT THE CHILD TO 340
GENETIC TESTING, THE COURT SHALL NOT CONSIDER THE FAILURE TO BE 341
WILLFUL.
(3) THE PARTY REQUESTING THE GENETIC TESTS SHALL PAY ANY 343
FEES CHARGED FOR THE TESTS, UNLESS THE CUSTODIAN OF THE CHILD IS 344
REPRESENTED BY THE CHILD SUPPORT ENFORCEMENT AGENCY IN ITS ROLE 345
AS THE AGENCY PROVIDING ENFORCEMENT OF CHILD SUPPORT ORDERS, IN 346
WHICH CASE THE CHILD SUPPORT ENFORCEMENT AGENCY SHALL PAY THE 347
COSTS OF GENETIC TESTING IF IT REQUESTS THE TESTS. THE CHILD 348
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SUPPORT ENFORCEMENT AGENCY OR THE PERSON WHO PAID THE FEES 349
CHARGED FOR THE GENETIC TESTING MAY SEEK REIMBURSEMENT FOR THE 350
FEES FROM THE PERSON AGAINST WHOM THE COURT ASSESSES THE COSTS OF 351
THE ACTION. 352
(4) THE GENETIC TESTS SHALL BE MADE BY QUALIFIED EXAMINERS 354
WHO ARE AUTHORIZED BY THE COURT OR THE DEPARTMENT OF HUMAN 355
SERVICES OR BY A GENETIC TESTING LABORATORY ACCREDITED BY THE 356
AMERICAN ASSOCIATION OF BLOOD BANKS. AN EXAMINER CONDUCTING A 358
GENETIC TEST, UPON THE COMPLETION OF THE TEST, SHALL SEND A 359
COMPLETE REPORT OF THE TEST RESULTS TO THE CLERK OF THE COURT 360
THAT ORDERED THE TEST.
(E) IF A COURT GRANTS A MOTION THAT RELIEVES A PERSON OR 363
MALE MINOR FROM A FINAL JUDGMENT, COURT ORDER, OR ADMINISTRATIVE 364
DETERMINATION OR ORDER UNDER THIS SECTION, THE GRANTING OF THE 365
MOTION DOES NOT PRECLUDE ANY PERSON FROM FILING, SUBSEQUENT TO 366
THE GRANTING OF THE MOTION, AN ACTION UNDER CHAPTER 3111. OF THE 368
REVISED CODE TO ESTABLISH A PARENT-CHILD RELATIONSHIP BETWEEN THE 369
PERSON OR MALE MINOR WHO WAS GRANTED RELIEF AND THE CHILD WHO IS 370
THE SUBJECT OF THE JUDGMENT, COURT ORDER, OR ADMINISTRATIVE 371
DETERMINATION OR ORDER FROM WHICH RELIEF WAS GRANTED. A PERSON 373
SHALL NOT FILE MORE THAN ONE ACTION OF THAT TYPE UNDER CHAPTER 374
3111. OF THE REVISED CODE IN ANY TWO-YEAR PERIOD REGARDING THE 375
PERSON OR MALE MINOR WHO WAS GRANTED RELIEF AND THE CHILD. A 376
COURT, PURSUANT TO A MOTION FILED UNDER THIS DIVISION AND IN 377
ACCORDANCE WITH CHAPTER 3111. OF THE REVISED CODE, MAY ENTER A 379
JUDGMENT IN THE ACTION THAT DETERMINES THE EXISTENCE OF A
PARENT-CHILD RELATIONSHIP BETWEEN THE PERSON OR MALE MINOR 381
GRANTED RELIEF AND THE CHILD ONLY IF GENETIC TESTS TAKEN 382
SUBSEQUENT TO THE GRANTING OF THE MOTION FOR RELIEF INDICATE THAT 383
THERE IS A STATISTICAL PROBABILITY THAT THE PARTY OR THE MALE 384
MINOR IS THE NATURAL FATHER OF THE CHILD. IF A PERSON FILES AN 385
ACTION UNDER CHAPTER 3111. OF THE REVISED CODE AS DESCRIBED IN
THIS DIVISION AND THE COURT DETERMINES THAT NO PARENT-CHILD 387
RELATIONSHIP EXISTS BETWEEN THE PERSON OR THE MALE MINOR AND THE 388
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CHILD, THE COURT SHALL REQUIRE THE PERSON WHO FILED THE ACTION TO 390
PAY ALL COURT COSTS OF THE ACTION AND THE REASONABLE ATTORNEY'S 391
FEES OF THE OPPOSING PARTY. 392
(F) IF A COURT GRANTS RELIEF FROM A JUDGMENT, COURT ORDER, 394
OR ADMINISTRATIVE DETERMINATION OR ORDER PURSUANT TO THIS SECTION 396
AND THE PERSON WHO IS RELIEVED FROM THE JUDGMENT, ORDER, OR 397
DETERMINATION, THE MALE MINOR, OR ANY RELATIVE OF THE PERSON OR 398
MALE MINOR HAS BEEN GRANTED COMPANIONSHIP OR VISITATION RIGHTS 399
WITH THE CHILD PURSUANT TO AN ORDER ISSUED UNDER SECTION 3109.051 400
OR 3109.12 OF THE REVISED CODE, THE COURT SHALL DETERMINE WHETHER 401
THE ORDER GRANTING THOSE RIGHTS SHOULD BE TERMINATED, MODIFIED, 402
OR CONTINUED.
(G) IF A COURT GRANTS RELIEF FROM A JUDGMENT, COURT ORDER, 404
OR ADMINISTRATIVE ORDER FOR THE PAYMENT OF CHILD SUPPORT PURSUANT 406
TO THIS SECTION AND CHILD SUPPORT ARREARAGES ARE OWED, THE COURT 407
MAY ISSUE AN ORDER CANCELING THAT ARREARAGE. NOTHING IN THIS 408
SECTION LIMITS ANY ACTIONS THAT MAY BE TAKEN BY THE PERSON OR 409
MALE MINOR GRANTED RELIEF UNDER THIS SECTION TO RECOVER CHILD 410
SUPPORT PAID UNDER THE JUDGMENT OR ORDER FROM WHICH RELIEF WAS 411
GRANTED.
(H) IF RELIEF FROM A JUDGMENT, COURT ORDER, OR 413
ADMINISTRATIVE ORDER FOR THE PAYMENT OF CHILD SUPPORT IS NOT 415
GRANTED PURSUANT TO THIS SECTION, THE COURT SHALL REQUIRE THE 416
PERSON WHO FILED THE MOTION FOR RELIEF TO PAY ALL COURT COSTS OF 417
THE ACTION AND THE REASONABLE ATTORNEY'S FEES OF THE OPPOSING 419
PARTY.
(I) EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, A PARTY 421
IS ENTITLED TO OBTAIN RELIEF UNDER THIS SECTION REGARDLESS OF 422
WHETHER THE FINAL JUDGMENT, COURT ORDER, OR ADMINISTRATIVE 424
DETERMINATION OR ORDER FROM WHICH RELIEF IS SOUGHT WAS ISSUED 425
PRIOR TO, ON, OR AFTER THE EFFECTIVE DATE OF THIS SECTION.
(J) AS USED IN THIS SECTION: 427
(1) "CHILD SUPPORT" MEANS SUPPORT FOR A CHILD THAT IS 429
INCLUDED IN A SUPPORT ORDER ISSUED OR MODIFIED PRIOR TO, ON, OR 430
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AFTER THE EFFECTIVE DATE OF THIS SECTION, UNDER FORMER SECTION 431
3111.21 OR SECTION 2151.23, 2151.33, 2151.36, 2151.49, 3105.21, 432
3109.05, 3109.19, 3111.13, 3111.20, 3111.22, 3111.27, 3113.04, 433
3113.07, 3113.216, OR 3113.31 OF THE REVISED CODE. 434
(2) "GENETIC TESTS" AND "GENETIC TESTING" HAVE THE SAME 436
MEANINGS AS IN SECTION 3111.09 OF THE REVISED CODE. 437
Section 2. That existing sections 3111.13 and 3111.37 of 439
the Revised Code are hereby repealed. 440
Section 3. The General Assembly hereby declares that it is 442
a person's or male minor's substantive right to obtain relief 443
from a final judgment, court order, or administrative 444
determination or order that determines that the person or male 445
minor is the father of a child or that requires the person or 446
male minor to pay child support for a child. The person or male 447
minor may obtain relief from a final judgment, court order, or 448
administrative determination or order only if relief is granted 449
based on genetic evidence that the person or male minor is not 450
the father of the child who is the subject of the judgment, 451
order, or determination.