As Passed by the Senate 1
123rd General Assembly 4
Regular Session Am. 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
SENATORS BRADY-ESPY-DRAKE-SPADA-NEIN-PRENTISS-MUMPER-WHITE- 13
HERINGTON-HAGAN-MALLORY-ARMBRUSTER-GARDNER-DiDONATO 14
_________________________________________________________________ 15
A B I L L
To amend sections 3111.13 and 3111.37 and to enact 17
section 3113.2111 of the Revised Code to require 19
a court to grant relief from a final judgment, 20
order, or administrative determination that
determines paternity or requires the payment of 22
child support and to prohibit an award of 23
arrearages for child support for the failure to 24
support a child prior to the date the court 25
issues an order requiring a parent to pay current
support of a child if the parent had no knowledge 26
of his alleged paternity of the child and the 27
child is three years of age or older. 28
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 30
Section 1. That sections 3111.13 and 3111.37 be amended 32
and section 3113.2111 of the Revised Code be enacted to read as 33
follows:
Sec. 3111.13. (A) The judgment or order of the court 42
determining the existence or nonexistence of the parent and child 43
relationship is determinative for all purposes. 44
(B) If the judgment or order of the court is at variance 46
2
with the child's birth record, the court may order that a new 47
birth record be issued under section 3111.18 of the Revised Code. 48
(C) The EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, THE 50
judgment or order may contain any other provision directed 52
against the appropriate party to the proceeding, concerning the 53
duty of support, the furnishing of bond or other security for the 54
payment of the judgment, or any other matter in the best interest 55
of the child. The judgment or order shall direct the father to 56
pay all or any part of the reasonable expenses of the mother's 57
pregnancy and confinement. After entry of the judgment or order, 58
the father may petition that he be designated the residential 59
parent and legal custodian of the child or for visitation rights 60
in a proceeding separate from any action to establish paternity. 61
Additionally, if the mother is unmarried, the father, the parents 62
of the father, any relative of the father, the parents of the 63
mother, and any relative of the mother may file a complaint 64
pursuant to section 3109.12 of the Revised Code requesting the 65
granting under that section of reasonable companionship or 66
visitation rights with respect to the child. 67
The judgment or order shall contain any provision required 69
by section 3111.14 of the Revised Code. 70
(D) Support judgments or orders ordinarily shall be for 72
periodic payments that may vary in amount. In the best interest 73
of the child, a lump-sum payment or the purchase of an annuity 74
may be ordered in lieu of periodic payments of support. 75
(E) In determining the amount to be paid by a parent for 77
support of the child and the period during which the duty of 78
support is owed, a court enforcing the obligation of support 79
shall comply with sections 3113.21 to 3113.219 of the Revised 80
Code. 81
(F)(1) Each order for child support made or modified under 83
this section shall include as part of the order a general 85
provision, as described in division (A)(1) of section 3113.21 of 86
the Revised Code, requiring the withholding or deduction of 87
3
income or assets of the obligor under the order as described in 89
division (D) or (H) of section 3113.21 of the Revised Code, or 90
another type of appropriate requirement as described in division 91
(D)(3), (D)(4), or (H) of that section, to ensure that 93
withholding or deduction from the income or assets of the obligor 95
is available from the commencement of the support order for 96
collection of the support and of any arrearages that occur; a 97
statement requiring all parties to the order to notify the child 98
support enforcement agency in writing of their current mailing 99
address, current residence address, current residence telephone 100
number, current driver's license number, and any changes to that 101
information; and a notice that the requirement to notify the 103
agency of all changes to that information continues until further 105
notice from the court. Any court that makes or modifies an order 106
for child support under this section shall comply with sections 107
3113.21 to 3113.219 of the Revised Code. If any person required 108
to pay child support under an order made under this section on or 109
after April 15, 1985, or modified on or after December 1, 1986, 110
is found in contempt of court for failure to make support 111
payments under the order, the court that makes the finding, in 112
addition to any other penalty or remedy imposed, shall assess all 113
court costs arising out of the contempt proceeding against the 114
person and require the person to pay any reasonable attorney's 115
fees of any adverse party, as determined by the court, that arose 116
in relation to the act of contempt. 117
(2) Notwithstanding section 3109.01 of the Revised Code, 119
if a court issues a child support order under this section, the 120
order shall remain in effect beyond the child's eighteenth 121
birthday as long as the child continuously attends on a full-time 122
basis any recognized and accredited high school or the order 124
provides that the duty of support of the child continues beyond 125
the child's eighteenth birthday. Except in cases in which the 127
order provides that the duty of support continues for any period 128
after the child reaches nineteen years of age, the order shall 129
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not remain in effect after the child reaches age nineteen. Any 130
parent ordered to pay support under a child support order issued 131
under this section shall continue to pay support under the order, 132
including during seasonal vacation periods, until the order 133
terminates. 134
(3) When a court determines whether to require a parent to 136
pay an amount for that parent's failure to support a child prior 137
to the date the court issues an order requiring that parent to 138
pay an amount for the current support of that child, it shall 139
consider all relevant factors, including, but not limited to, any 140
monetary contribution either parent of the child made to the 141
support of the child prior to the court issuing the order 142
requiring the parent to pay an amount for the current support of 143
the child. 144
(4)(a) A COURT SHALL NOT REQUIRE A PARENT TO PAY AN AMOUNT 146
FOR THAT PARENT'S FAILURE TO SUPPORT A CHILD PRIOR TO THE DATE 147
THE COURT ISSUES AN ORDER REQUIRING THAT PARENT TO PAY AN AMOUNT 148
FOR THE CURRENT SUPPORT OF THAT CHILD OR TO PAY ALL OR ANY PART 149
OF THE REASONABLE EXPENSES OF THE MOTHER'S PREGNANCY AND 150
CONFINEMENT, IF BOTH OF THE FOLLOWING APPLY:
(i) AT THE TIME OF THE INITIAL FILING OF AN ACTION TO 152
DETERMINE THE EXISTENCE OF THE PARENT AND CHILD RELATIONSHIP WITH 153
RESPECT TO THAT PARENT, THE CHILD WAS OVER THREE YEARS OF AGE. 154
(ii) PRIOR TO THE INITIAL FILING OF AN ACTION TO DETERMINE 156
THE EXISTENCE OF THE PARENT AND CHILD RELATIONSHIP WITH RESPECT 157
TO THAT PARENT, THE ALLEGED FATHER HAD NO KNOWLEDGE AND HAD NO 158
REASON TO HAVE KNOWLEDGE OF HIS ALLEGED PATERNITY OF THE CHILD. 159
(b) FOR PURPOSES OF DIVISION (F)(4)(a)(ii) OF THIS 162
SECTION, THE MOTHER OF THE CHILD MAY ESTABLISH THAT THE ALLEGED 163
FATHER HAD OR SHOULD HAVE HAD KNOWLEDGE OF THE PATERNITY OF THE 164
CHILD BY SHOWING, BY A PREPONDERANCE OF THE EVIDENCE, THAT SHE 165
PERFORMED A REASONABLE AND DOCUMENTED EFFORT TO CONTACT AND
NOTIFY THE ALLEGED FATHER OF HIS PATERNITY OF THE CHILD. 166
(c) A PARTY IS ENTITLED TO OBTAIN MODIFICATION OF AN 168
5
EXISTING ORDER FOR ARREARAGES UNDER THIS DIVISION REGARDLESS OF 169
WHETHER THE JUDGMENT, COURT ORDER, OR ADMINISTRATIVE SUPPORT 170
ORDER FROM WHICH RELIEF IS SOUGHT WAS ISSUED PRIOR TO, ON, OR 171
AFTER THE EFFECTIVE DATE OF THIS AMENDMENT.
(G) As used in this section, "birth record" has the same 173
meaning as in section 3705.01 of the Revised Code. 174
(H) Unless the court has reason to believe that a person 176
named in the order is a potential victim of domestic violence, 177
any order issued pursuant to this section finding the existence 179
of a parent and child relationship shall contain the full names, 180
addresses, and social security numbers of the mother and father 181
of the child and the full name and address of the child. 182
Sec. 3111.37. (A) If a married woman is the subject of a 191
non-spousal artificial insemination and if her husband consented 192
to the artificial insemination, the husband shall be treated in 193
law and regarded as the natural father of a child conceived as a 194
result of the artificial insemination, and a child so conceived 195
shall be treated in law and regarded as the natural child of the 196
husband. A presumption that arises under division (A)(1) or (2) 197
of section 3111.03 of the Revised Code is conclusive with respect 198
to this father and child relationship, and no action or 199
proceeding under sections 3111.01 to 3111.19 or section 3111.22 201
OR 3113.2111 of the Revised Code shall affect the relationship. 203
(B) If a woman is the subject of a non-spousal artificial 205
insemination, the donor shall not be treated in law or regarded 206
as the natural father of a child conceived as a result of the 207
artificial insemination, and a child so conceived shall not be 208
treated in law or regarded as the natural child of the donor. No 209
action or proceeding under sections 3111.01 to 3111.19 or section 211
3111.22 of the Revised Code shall affect these consequences. 212
Sec. 3113.2111. (A)(1) NOTWITHSTANDING THE PROVISIONS TO 214
THE CONTRARY IN CIVIL RULE 60(B) AND IN ACCORDANCE WITH THIS 216
SECTION, A PERSON MAY FILE A MOTION FOR RELIEF FROM A FINAL 218
JUDGMENT, COURT ORDER, OR ADMINISTRATIVE DETERMINATION OR ORDER 219
6
THAT DETERMINES THAT THE PERSON OR A MALE MINOR REFERRED TO IN 220
DIVISION (B) OF SECTION 3109.19 OF THE REVISED CODE IS THE FATHER 221
OF A CHILD OR THAT REQUIRES THE PERSON OR MALE MINOR TO PAY CHILD 223
SUPPORT. THE PERSON SHALL FILE THE MOTION IN THE COURT OF COMMON 224
PLEAS OF THE COUNTY IN WHICH THE ORIGINAL JUDGMENT, COURT ORDER, 225
OR ADMINISTRATIVE DETERMINATION OR ORDER WAS MADE. 226
(2) UPON THE MOTION OF ANY ADVERSE PARTY OR UPON ITS OWN 228
MOTION, THE COURT IN WHICH AN ACTION IS BROUGHT UNDER THIS 229
SECTION MAY TRANSFER THE ACTION TO THE COUNTY IN WHICH AN ADVERSE 231
PARTY RESIDES WHEN IT APPEARS TO THE COURT THAT THE LOCATION OF 232
THE ORIGINAL VENUE PRESENTS A HARDSHIP FOR THAT ADVERSE PARTY.
(B)(1) UPON THE FILING OF A MOTION FOR RELIEF UNDER 234
DIVISION (A)(1) OF THIS SECTION, A COURT SHALL GRANT RELIEF FROM 235
A FINAL JUDGMENT, COURT ORDER, OR ADMINISTRATIVE DETERMINATION OR 237
ORDER THAT DETERMINES THAT A PERSON OR MALE MINOR IS THE FATHER 238
OF A CHILD OR THAT REQUIRES A PERSON OR MALE MINOR TO PAY CHILD 239
SUPPORT FOR A CHILD IF ALL OF THE FOLLOWING APPLY: 240
(a) THE COURT RECEIVES GENETIC TEST RESULTS FROM A GENETIC 242
TEST ADMINISTERED NO MORE THAN SIX MONTHS PRIOR TO THE FILING OF 243
THE MOTION FOR RELIEF THAT FINDS THAT THERE IS A ZERO PER CENT 245
PROBABILITY THAT THE PERSON OR MALE MINOR IS THE FATHER OF THE 246
CHILD. 247
(b) THE PERSON OR MALE MINOR HAS NOT ADOPTED THE CHILD. 249
(c) THE CHILD WAS NOT CONCEIVED AS A RESULT OF ARTIFICIAL 251
INSEMINATION IN COMPLIANCE WITH SECTIONS 3111.30 TO 3111.38 OF 252
THE REVISED CODE. 253
(2) A COURT SHALL NOT DENY RELIEF FROM A FINAL JUDGMENT, 255
COURT ORDER, OR ADMINISTRATIVE DETERMINATION OR ORDER THAT 256
DETERMINES THAT A PERSON OR MALE MINOR IS THE FATHER OF A CHILD 257
OR THAT REQUIRES A PERSON OR MALE MINOR TO PAY CHILD SUPPORT FOR 258
A CHILD SOLELY BECAUSE OF THE OCCURRENCE OF ANY OF THE FOLLOWING 259
ACTS IF THE PERSON OR MALE MINOR AT THE TIME OF OR PRIOR TO THE 261
OCCURRENCE OF THAT ACT DID NOT KNOW THAT HE WAS NOT THE NATURAL 263
FATHER OF THE CHILD:
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(a) THE PERSON OR MALE MINOR MARRIED THE MOTHER OF THE 265
CHILD.
(b) THE PERSON OR MALE MINOR ACKNOWLEDGED HIS PATERNITY OF 267
THE CHILD IN A WRITING SWORN TO BEFORE A NOTARY PUBLIC. 268
(c) THE PERSON OR MALE MINOR WAS NAMED AS THE CHILD'S 270
NATURAL FATHER ON THE CHILD'S BIRTH CERTIFICATE WITH THE VALID 271
CONSENT OF THE PERSON OR MALE MINOR. 272
(d) THE PERSON OR MALE MINOR WAS REQUIRED TO SUPPORT THE 274
CHILD BECAUSE OF A WRITTEN VOLUNTARY PROMISE OR BY A COURT ORDER 276
OR AN ADMINISTRATIVE SUPPORT ORDER. 277
(e) THE PERSON OR MALE MINOR VALIDLY SIGNED THE CHILD'S 279
BIRTH CERTIFICATE AS AN INFORMANT AS PROVIDED IN SECTION 3705.09 280
OF THE REVISED CODE AS THAT SECTION EXISTED PRIOR TO JANUARY 1, 282
1998.
(f) THE PERSON OR MALE MINOR WAS NAMED IN AN 284
ACKNOWLEDGMENT OF PATERNITY OF THE CHILD THAT A COURT ENTERED 285
UPON ITS JOURNAL PURSUANT TO FORMER SECTION 2105.18 OF THE 286
REVISED CODE.
(g) THE PERSON OR MALE MINOR WAS NAMED IN AN 288
ACKNOWLEDGMENT OF PATERNITY OF THE CHILD THAT HAS BECOME FINAL 289
UNDER SECTION 2151.232, 3111.211, OR 5101.314 OF THE REVISED 290
CODE.
(h) THE PERSON OR MALE MINOR WAS PRESUMED TO BE THE 292
NATURAL FATHER OF THE CHILD UNDER ANY OF THE CIRCUMSTANCES LISTED 293
IN SECTION 3111.03 OF THE REVISED CODE. 294
(i) THE PERSON OR MALE MINOR WAS DETERMINED TO BE THE 296
FATHER OF THE CHILD IN A PARENTAGE ACTION UNDER CHAPTER 3111. OF 297
THE REVISED CODE. 298
(j) THE PERSON OR MALE MINOR OTHERWISE ADMITTED OR 300
ACKNOWLEDGED HIMSELF TO BE THE CHILD'S NATURAL FATHER. 301
(C) A COURT SHALL NOT GRANT RELIEF FROM A FINAL JUDGMENT, 303
COURT ORDER, OR ADMINISTRATIVE DETERMINATION OR ORDER THAT 305
DETERMINES THAT A PERSON OR MALE MINOR IS THE FATHER OF A CHILD 308
OR THAT REQUIRES A PERSON OR MALE MINOR TO PAY CHILD SUPPORT FOR 309
8
A CHILD IF THE COURT DETERMINES, BY A PREPONDERANCE OF THE
EVIDENCE, THAT THE PERSON OR MALE MINOR KNEW THAT HE WAS NOT THE 310
NATURAL FATHER OF THE CHILD BEFORE ANY OF THE FOLLOWING: 311
(1) ANY ACT LISTED IN DIVISIONS (B)(2)(a) TO (g) OF THIS 314
SECTION OCCURRED. 315
(2) THE PERSON OR MALE MINOR WAS PRESUMED TO BE THE 317
NATURAL FATHER OF THE CHILD UNDER ANY OF THE CIRCUMSTANCES LISTED 318
IN DIVISIONS (A)(1) TO (4) OF SECTION 3111.03 OF THE REVISED 319
CODE.
(3) THE PERSON OR MALE MINOR OTHERWISE ADMITTED OR 321
ACKNOWLEDGED HIMSELF TO BE THE CHILD'S FATHER. 322
(D)(1) IN ANY ACTION FOR RELIEF INSTITUTED UNDER THIS 324
SECTION, IF THE GENETIC TEST RESULTS SUBMITTED IN CONNECTION WITH 325
THE MOTION FOR RELIEF ARE SOLELY PROVIDED BY THE MOVING PARTY, 327
THE COURT, UPON ITS OWN MOTION, MAY ORDER AND, UPON THE MOTION OF 328
ANY PARTY TO THE ACTION, SHALL ORDER THE CHILD'S MOTHER, THE 329
CHILD, AND THE ALLEGED FATHER TO SUBMIT TO GENETIC TESTS. THE 330
CLERK OF THE COURT SHALL SCHEDULE THE GENETIC TESTING NO LATER 331
THAN THIRTY DAYS AFTER THE COURT ISSUES ITS ORDER. 332
(2) IF THE MOTHER IS THE CUSTODIAN OF THE CHILD AND 334
WILLFULLY FAILS TO SUBMIT THE CHILD TO GENETIC TESTING, IF THE 335
ALLEGED FATHER OF THE CHILD WILLFULLY FAILS TO SUBMIT HIMSELF TO 336
GENETIC TESTING, OR IF THE ALLEGED FATHER IS THE CUSTODIAN OF THE 337
CHILD AND WILLFULLY FAILS TO SUBMIT THE CHILD TO GENETIC TESTING, 338
THE COURT SHALL ISSUE AN ORDER DETERMINING THE MOTION FOR RELIEF 339
AGAINST THE PARTY FAILING TO SUBMIT THE PARTY OR THE CHILD TO THE 340
GENETIC TESTING. IF A PARTY SHOWS GOOD CAUSE FOR FAILING TO 342
SUBMIT TO GENETIC TESTING OR FOR FAILING TO SUBMIT THE CHILD TO 343
GENETIC TESTING, THE COURT SHALL NOT CONSIDER THE FAILURE TO BE 344
WILLFUL.
(3) THE PARTY REQUESTING THE GENETIC TESTS SHALL PAY ANY 346
FEES CHARGED FOR THE TESTS, UNLESS THE CUSTODIAN OF THE CHILD IS 347
REPRESENTED BY THE CHILD SUPPORT ENFORCEMENT AGENCY IN ITS ROLE 348
AS THE AGENCY PROVIDING ENFORCEMENT OF CHILD SUPPORT ORDERS, IN 349
9
WHICH CASE THE CHILD SUPPORT ENFORCEMENT AGENCY SHALL PAY THE 350
COSTS OF GENETIC TESTING IF IT REQUESTS THE TESTS. THE CHILD 351
SUPPORT ENFORCEMENT AGENCY OR THE PERSON WHO PAID THE FEES 352
CHARGED FOR THE GENETIC TESTING MAY SEEK REIMBURSEMENT FOR THE 353
FEES FROM THE PERSON AGAINST WHOM THE COURT ASSESSES THE COSTS OF 354
THE ACTION. 355
(4) THE GENETIC TESTS SHALL BE MADE BY QUALIFIED EXAMINERS 357
WHO ARE AUTHORIZED BY THE COURT OR THE DEPARTMENT OF JOB AND 358
FAMILY SERVICES OR BY A GENETIC TESTING LABORATORY ACCREDITED BY 359
THE AMERICAN ASSOCIATION OF BLOOD BANKS. AN EXAMINER CONDUCTING 360
A GENETIC TEST, UPON THE COMPLETION OF THE TEST, SHALL SEND A 362
COMPLETE REPORT OF THE TEST RESULTS TO THE CLERK OF THE COURT 363
THAT ORDERED THE TEST.
(E) IF A COURT GRANTS A MOTION THAT RELIEVES A PERSON OR 366
MALE MINOR FROM A FINAL JUDGMENT, COURT ORDER, OR ADMINISTRATIVE 367
DETERMINATION OR ORDER UNDER THIS SECTION, THE GRANTING OF THE 368
MOTION DOES NOT PRECLUDE ANY PERSON FROM FILING, SUBSEQUENT TO 369
THE GRANTING OF THE MOTION, AN ACTION UNDER CHAPTER 3111. OF THE 371
REVISED CODE TO ESTABLISH A PARENT-CHILD RELATIONSHIP BETWEEN THE 372
PERSON OR MALE MINOR WHO WAS GRANTED RELIEF AND THE CHILD WHO IS 373
THE SUBJECT OF THE JUDGMENT, COURT ORDER, OR ADMINISTRATIVE 374
DETERMINATION OR ORDER FROM WHICH RELIEF WAS GRANTED. A PERSON 376
SHALL NOT FILE MORE THAN ONE ACTION OF THAT TYPE UNDER CHAPTER 377
3111. OF THE REVISED CODE IN ANY TWO-YEAR PERIOD REGARDING THE 378
PERSON OR MALE MINOR WHO WAS GRANTED RELIEF AND THE CHILD. A 379
COURT, PURSUANT TO A MOTION FILED UNDER THIS DIVISION AND IN 380
ACCORDANCE WITH CHAPTER 3111. OF THE REVISED CODE, MAY ENTER A 382
JUDGMENT IN THE ACTION THAT DETERMINES THE EXISTENCE OF A
PARENT-CHILD RELATIONSHIP BETWEEN THE PERSON OR MALE MINOR 384
GRANTED RELIEF AND THE CHILD ONLY IF GENETIC TESTS TAKEN 385
SUBSEQUENT TO THE GRANTING OF THE MOTION FOR RELIEF INDICATE THAT 386
THERE IS A STATISTICAL PROBABILITY THAT THE PARTY OR THE MALE 387
MINOR IS THE NATURAL FATHER OF THE CHILD. IF A PERSON FILES AN 388
ACTION UNDER CHAPTER 3111. OF THE REVISED CODE AS DESCRIBED IN
10
THIS DIVISION AND THE COURT DETERMINES THAT NO PARENT-CHILD 390
RELATIONSHIP EXISTS BETWEEN THE PERSON OR THE MALE MINOR AND THE 391
CHILD, THE COURT SHALL REQUIRE THE PERSON WHO FILED THE ACTION TO 393
PAY ALL COURT COSTS OF THE ACTION AND THE REASONABLE ATTORNEY'S 394
FEES OF THE OPPOSING PARTY. 395
(F) IF A COURT GRANTS RELIEF FROM A JUDGMENT, COURT ORDER, 397
OR ADMINISTRATIVE DETERMINATION OR ORDER PURSUANT TO THIS SECTION 399
AND THE PERSON WHO IS RELIEVED FROM THE JUDGMENT, ORDER, OR 400
DETERMINATION, THE MALE MINOR, OR ANY RELATIVE OF THE PERSON OR 401
MALE MINOR HAS BEEN GRANTED COMPANIONSHIP OR VISITATION RIGHTS 402
WITH THE CHILD PURSUANT TO AN ORDER ISSUED UNDER SECTION 3109.051 403
OR 3109.12 OF THE REVISED CODE, THE COURT SHALL DETERMINE WHETHER 404
THE ORDER GRANTING THOSE RIGHTS SHOULD BE TERMINATED, MODIFIED, 405
OR CONTINUED.
(G) IF A COURT GRANTS RELIEF FROM A JUDGMENT, COURT ORDER, 407
OR ADMINISTRATIVE ORDER FOR THE PAYMENT OF CHILD SUPPORT PURSUANT 409
TO THIS SECTION AND CHILD SUPPORT ARREARAGES ARE OWED, THE COURT 410
MAY ISSUE AN ORDER CANCELING THAT ARREARAGE. NOTHING IN THIS 411
SECTION LIMITS ANY ACTIONS THAT MAY BE TAKEN BY THE PERSON OR 412
MALE MINOR GRANTED RELIEF UNDER THIS SECTION TO RECOVER CHILD 413
SUPPORT PAID UNDER THE JUDGMENT OR ORDER FROM WHICH RELIEF WAS 414
GRANTED.
(H) IF RELIEF FROM A JUDGMENT, COURT ORDER, OR 416
ADMINISTRATIVE ORDER FOR THE PAYMENT OF CHILD SUPPORT IS NOT 418
GRANTED PURSUANT TO THIS SECTION, THE COURT SHALL REQUIRE THE 419
PERSON WHO FILED THE MOTION FOR RELIEF TO PAY ALL COURT COSTS OF 420
THE ACTION AND THE REASONABLE ATTORNEY'S FEES OF THE OPPOSING 422
PARTY.
(I) EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, A PARTY 424
IS ENTITLED TO OBTAIN RELIEF UNDER THIS SECTION REGARDLESS OF 425
WHETHER THE FINAL JUDGMENT, COURT ORDER, OR ADMINISTRATIVE 427
DETERMINATION OR ORDER FROM WHICH RELIEF IS SOUGHT WAS ISSUED 428
PRIOR TO, ON, OR AFTER THE EFFECTIVE DATE OF THIS SECTION.
(J) AS USED IN THIS SECTION: 430
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(1) "CHILD SUPPORT" MEANS SUPPORT FOR A CHILD THAT IS 432
INCLUDED IN A SUPPORT ORDER ISSUED OR MODIFIED PRIOR TO, ON, OR 433
AFTER THE EFFECTIVE DATE OF THIS SECTION, UNDER FORMER SECTION 434
3111.21 OR SECTION 2151.23, 2151.33, 2151.36, 2151.49, 3105.21, 435
3109.05, 3109.19, 3111.13, 3111.20, 3111.22, 3111.27, 3113.04, 436
3113.07, 3113.216, OR 3113.31 OF THE REVISED CODE. 437
(2) "GENETIC TESTS" AND "GENETIC TESTING" HAVE THE SAME 439
MEANINGS AS IN SECTION 3111.09 OF THE REVISED CODE. 440
Section 2. That existing sections 3111.13 and 3111.37 of 442
the Revised Code are hereby repealed. 443
Section 3. The General Assembly hereby declares that it is 445
a person's or male minor's substantive right to obtain relief 446
from a final judgment, court order, or administrative 447
determination or order that determines that the person or male 448
minor is the father of a child or that requires the person or 449
male minor to pay child support for a child. The person or male 450
minor may obtain relief from a final judgment, court order, or 451
administrative determination or order only if relief is granted 452
based on genetic evidence that the person or male minor is not 453
the father of the child who is the subject of the judgment, 454
order, or determination.