As Reported by the Senate State and Local Government 2
and Veterans Affairs Committee 2
123rd General Assembly 5
Regular Session Sub. H. B. No. 495 6
1999-2000 7
REPRESENTATIVES TERWILLEGER-EVANS-WILLAMOWSKI-ALLEN-MEAD 9
_________________________________________________________________ 10
A B I L L
To amend sections 101.53, 153.571, 317.113, 317.24, 12
981.02, 1311.56, 2715.041, 2737.05, 2935.17, 13
2935.18, 2935.19, 2941.06, 3113.215, 3501.31, 14
3509.04, 3513.07, 3513.261, 3769.04, 4561.25, 15
4703.10, 5309.15, 5721.15, 5721.181, 5721.191, 16
5901.29, 5907.08, 5919.10, 5920.08, 5921.05, 17
6101.84, and 6115.79 of the Revised Code to 18
require the Legislative Service Commission to 19
direct by rule how insertion of new matter and 20
omission of old matter is to be indicated in
bills, and to eliminate references to "19__" 22
dates found in various statutory forms to permit 23
their accurate use in the year 2000 and the
future; to maintain the provisions of this act on 24
and after July 1, 2000, by amending the versions
of sections 2715.041 and 3113.215 of the Revised 25
Code that take effect on that date; and to 26
declare an emergency. 28
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 30
Section 1. That sections 101.53, 153.571, 317.113, 317.24, 32
981.02, 1311.56, 2715.041, 2737.05, 2935.17, 2935.18, 2935.19, 33
2941.06, 3113.215, 3501.31, 3509.04, 3513.07, 3513.261, 3769.04, 35
4561.25, 4703.10, 5309.15, 5721.15, 5721.181, 5721.191, 5901.29, 36
5907.08, 5919.10, 5920.08, 5921.05, 6101.84, and 6115.79 of the 37
Revised Code be amended to read as follows: 38
2
Sec. 101.53. Bills shall be printed in the exact language 47
in which they were passed, under the supervision of the clerk of 48
the house in which they originated. New THE LEGISLATIVE SERVICE 49
COMMISSION, BY RULE ADOPTED UNDER SECTION 111.15 OF THE REVISED 50
CODE, SHALL DIRECT HOW NEW matter shall be indicated by 51
capitalization and old matter omitted by striking through such 52
matter. Prior capitalization in a Revised Code section shall be 53
indicated by italicized type. 54
Sec. 153.571. The bond provided for in division (B) of 63
section 153.54 of the Revised Code shall be in substantially the 64
following form, and recovery of any claimant thereunder shall be 66
subject to sections 153.01 to 153.60 of the Revised Code, to the 67
same extent as if the provisions of such sections were fully 69
incorporated in the bond form: 70
"KNOW ALL PERSONS BY THESE PRESENTS, that we, the 73
undersigned ................. as principal and ............. as 74
sureties, are hereby held and firmly bound unto .............. as 75
obligee in the penal sum of the dollar amount of the bid 76
submitted by the principal to the obligee on .............. to 77
undertake the project known as ................ The penal sum 78
referred to herein shall be the dollar amount of the principal's 79
bid to the obligee, incorporating any additive or deductive 80
alternate bids made by the principal on the date referred to 81
above to the obligee, which are accepted by the obligee. In no 83
case shall the penal sum exceed the amount of ............ 84
dollars. (If the foregoing blank is not filled in, the penal sum 85
will be the full amount of the principal's bid, including 86
alternates. Alternatively, if the blank is filled in, the amount 87
stated must not be less than the full amount of the bid including 88
alternates, in dollars and cents. A percentage is not 89
acceptable.) For the payment of the penal sum well and truly to 90
be made, we hereby jointly and severally bind ourselves, our 91
heirs, executors, administrators, successors, and assigns. 92
Signed this ............... day of ............., 19 .... 94
3
THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, that whereas the 95
above named principal has submitted a bid for .................. 96
Now, therefore, if the obligee accepts the bid of the 98
principal and the principal fails to enter into a proper contract 99
in accordance with the bid, plans, details, specifications, and 100
bills of material; and in the event the principal pays to the 101
obligee the difference not to exceed ten per cent of the penalty 102
hereof between the amount specified in the bid and such larger 103
amount for which the obligee may in good faith contract with the 104
next lowest bidder to perform the work covered by the bid; or in 105
the event the obligee does not award the contract to the next 106
lowest bidder and resubmits the project for bidding, the 107
principal pays to the obligee the difference not to exceed ten 108
per cent of the penalty hereof between the amount specified in 109
the bid, or the costs, in connection with the resubmission, of 110
printing new contract documents, required advertising, and 111
printing and mailing notices to prospective bidders, whichever is 112
less, then this obligation shall be null and void, otherwise to 113
remain in full force and effect; if the obligee accepts the bid 114
of the principal and the principal within ten days after the 115
awarding of the contract enters into a proper contract in 116
accordance with the bid, plans, details, specifications, and 117
bills of material, which said contract is made a part of this 118
bond the same as though set forth herein; 119
Now also, if the said ................ shall well and 121
faithfully do and perform the things agreed by .............. to 122
be done and performed according to the terms of said contract; 123
and shall pay all lawful claims of subcontractors, materials 125
suppliers, and laborers, for labor performed and materials 126
furnished in the carrying forward, performing, or completing of 127
said contract; we agreeing and assenting that this undertaking 128
shall be for the benefit of any materials supplier or laborer 129
having a just claim, as well as for the obligee herein; then this 131
obligation shall be void; otherwise the same shall remain in full 132
4
force and effect; it being expressly understood and agreed that 133
the liability of the surety for any and all claims hereunder 134
shall in no event exceed the penal amount of this obligation as 135
herein stated.
The said surety hereby stipulates and agrees that no 137
modifications, omissions, or additions, in or to the terms of the 138
said contract or in or to the plans or specifications therefor 139
shall in any wise affect the obligations of said surety on its 140
bond." 141
Sec. 317.113. The county recorder shall not accept for 150
recording a deed or other instrument in writing that is executed 152
or certified in whole or in part in a language other than the 153
English language unless it complies with the requirements of 154
sections 317.11, 317.111, and 317.112 of the Revised Code and is 155
accompanied by a complete English translation certified as 157
provided in this section. The translator of the deed or OTHER 158
instrument in writing shall certify that the translation is 159
accurate and that the translator is competent to perform the
translation. The translator shall sign and acknowledge the 160
translation of the deed or OTHER instrument in writing in the 161
presence of two witnesses, who shall attest the translator's 162
signature and subscribe their names to the attestation. The 163
translator shall sign and acknowledge the translation before a 164
judge of a court of record in this state, a clerk of a court of 165
record in this state, a county auditor, a county engineer, or a 166
notary public. 167
A certificate of the translator that is substantially in 169
the following form satisfies the requirements of this section: 170
"CERTIFICATE OF TRANSLATOR 171
The undersigned, .........................., hereby 173
certifies that the document attached to this certificate and made 174
a part of this certificate has been translated into english 175
ENGLISH by the undersigned; that the translation is accurate; and 177
that the undersigned is competent to perform the translation.
5
Signed and Acknowledged in the 179
Presence of: 180
.............................. 181
.............................. 182
.............................. 183
(Signature of Translator) 184
SSN: ......................... 185
State of ..................... 186
County of .................... 187
The foregoing certificate of translator has been 190
acknowledged before me this ..... day of .........., 19...... 191
.............................. 193
(Signature of Judge or Officer 194
Taking the Acknowledgment)" 195
This section does not apply to a deed or other instrument 197
in writing executed or certified prior to the effective date of 198
this section AUGUST 20, 1996. 199
Sec. 317.24. (A) Upon request of any discharged member of 208
the armed forces of the United States and presentation of his THE 209
MEMBER'S discharge, the county recorder shall record the 210
discharge in a book to be furnished by the board of county 211
commissioners for that purpose. There shall be no fee for the 212
recording. The record of discharge, or a certified copy of the 213
record, shall be received in evidence in all cases where the 214
original discharge would be received. 215
(B) Upon application by a person whose discharge has been 217
recorded pursuant to this section, the county recorder shall, 218
without fee, expunge the person's record of discharge or the 219
person's separation program number from his THE PERSON'S record 220
of discharge. The application shall be in the following form: 221
"APPLICATION FOR EXPUNGEMENT OF DISCHARGE RECORD 223
I, ................ (Name of Applicant), the undersigned, 225
hereby request the County Recorder of the County of ............ 226
(Name of County), state of Ohio, to expunge my .......... (Insert 227
6
either Record of Discharge or Separation Program Number from my 228
Record of Discharge). 229
Dated this .......... day of .........., 19..... 232
.............................. 233
(Signature of Applicant) 235
Sworn to and subscribed before me by ............ (Name of 237
Applicant) on .........., 19..... 239
.................................... 240
Notary Public 242
My commission expires ......, 19..." 244
(C) "Separation program number" means the coded number or 246
numbers used to specify the reasons for a person's separation 247
from active duty, as contained in line 9 (c) or line 11 (c) of a 248
veteran's discharge paper, United States department of defense 249
form DD-214. 250
(D) Upon the request of any person who served during World 252
War I or World War II as a member of any armed force of the 253
government of Poland or Czechoslovakia and participated while so 254
serving in armed conflict with an enemy of the United States and 255
who has been a citizen of the United States for at least ten 256
years, and the presentation of his THE PERSON'S discharge, the 257
county recorder shall record his THE PERSON'S discharge in a book 259
to be furnished by the board of county commissioners for that
purpose. No fee shall be charged for the recording. The record, 260
or a certified copy of it, shall be received in evidence in all 261
cases where the original would be received. 262
Sec. 981.02. A timber dealer desiring to adopt a 271
trade-mark under section 981.01 of the Revised Code, may do so by 272
executing in writing in form and effect as follows: 273
"Trade-mark. 275
Notice is hereby given that I (we) have adopted the 277
following trade-mark, to be used in my (our) business as a timber 278
dealer, to-wit: -- (Here insert the letters, words or figures, 279
etc., constituting the trade-mark, or if it is any device other 280
7
than letters, words, or figures, insert a facsimile thereof OF 281
THE DEVICE), dated this .......... day of .........., 19 ......" 283
Such writing shall be acknowledged or proved for record in 285
a like manner as deeds are acknowledged or proved, and shall be 286
recorded in the office of the clerk of the court of common pleas 287
of the county in which the principal office or place of business 288
of such timber dealer is, and also in the office of the secretary 289
of state. A copy thereof OF THE WRITING shall be published at 290
least once a week for four consecutive weeks in a newspaper 292
published in such county. 293
A trade-mark so adopted, from the date thereof OF ITS 295
ADOPTION, shall be the exclusive property of the person, firm, or 297
corporation adopting it. 298
Sec. 1311.56. (A) The agricultural producer or handler 307
may perfect his THE PRODUCER'S OR HANDLER'S lien by recording, in 309
the office of the county recorder in the county where the 310
agricultural product was delivered to the agricultural product 311
handler, an affidavit that includes the date of delivery, or 312
first delivery if there was a series of deliveries under the 313
contract, the name of the agricultural product handler to whom 314
the agricultural product was delivered, and the amount owed the 315
lien claimant by the handler. If there was no agreed price at the 316
time of delivery or first delivery, the lien claimant shall 317
include in the affidavit the pricing method which the lien 318
claimant and handler agreed to utilize in their contract to 319
determine the amount owed the lien claimant. In such cases, and 320
for informational purposes only, the lien claimant shall include 321
in the affidavit an estimate of the amount owed him THE LIEN 322
CLAIMANT by the handler, based upon current market conditions. 324
The estimate is not binding upon the lien claimant.
(B) The affidavit may be verified before any person 326
authorized to administer oaths, including an attorney for the 327
agricultural product handler, lien claimant, or an interested 328
other party. 329
8
(C) The affidavit may be in the following form: 331
"AFFIDAVIT FOR AGRICULTURAL PRODUCT LIEN 333
State of Ohio, 335
County of ........,ss: 337
A.B. ...... of ....., whose address is .... being first duly 339
sworn, says that he SUCH CLAIMANT delivered certain agricultural 340
products under a contract with C.D., ........., an agricultural 342
product handler, whose address is ............. The agricultural 343
product was first delivered on the ........ day of ........., 344
19... and there is justly and truly due claimant therefor from 345
the said C.D., over and above all legal setoffs, the sum of 346
....... dollars, (or estimated sum of ....... dollars based upon 347
current market conditions,) for which amount claimant claims a 348
lien on the agricultural product and the proceeds of the sale of 349
the agricultural product. 350
......................... 351
A.B. 352
Sworn to before me and subscribed in my presence this .......... 354
day of ........., 19..... 355
......................... 356
........................." 357
(D) The lien claimant shall remit to the county recorder 359
the standard fee at the time the affidavit is recorded as 360
determined under section 317.32 of the Revised Code. 361
Sec. 2715.041. (A) Upon the filing of a motion for an 370
order of attachment pursuant to section 2715.03 of the Revised 371
Code, the plaintiff shall file with the clerk of the court a 372
praecipe instructing the clerk to issue to the defendant against 373
whom the motion was filed a notice of the proceeding. Upon 374
receipt of the praecipe, the clerk shall issue the notice which 375
shall be in substantially the following form: 376
"(Name and Address of Court) 378
Case No................... 379
(Case Caption) 381
9
NOTICE 383
You are hereby notified that (name and address of 385
plaintiff), the plaintiff in this proceeding, has applied to this 386
court for the attachment of property in your possession. The 387
basis for this application is indicated in the documents that are 388
enclosed with this notice. 389
The law of Ohio and the United States provides that certain 391
benefit payments cannot be taken from you to pay a debt. Typical 392
among the benefits that cannot be attached or executed on by a 393
creditor are: 394
(1) Workers' compensation benefits; 396
(2) Unemployment compensation payments; 398
(3) Cash assistance payments under the Ohio works first 402
program;
(4) Disability assistance administered by the Ohio 404
department of human services; 405
(5) Social security benefits; 407
(6) Supplemental security income (S.S.I.); 409
(7) Veteran's benefits; 411
(8) Black lung benefits; 413
(9) Certain pensions. 415
Additionally, your wages never can be taken to pay a debt 417
until a judgment has been obtained against you. There may be 418
other benefits not included in this list that apply in your case. 419
If you dispute the plaintiff's claim and believe that you 421
are entitled to retain possession of the property because it is 422
exempt or for any other reason, you may request a hearing before 423
this court by disputing the claim in the request for hearing form 424
appearing below, or in a substantially similar form, and 425
delivering the request for the hearing to this court, at the 426
office of the clerk of this court, not later than the end of the 427
fifth business day after you receive this notice. You may state 428
your reasons for disputing the claim in the space provided on the 429
form, but you are not required to do so. If you do state your 430
10
reasons for disputing the claim in the space provided on the 431
form, you are not prohibited from stating any other reasons at 432
the hearing, and if you do not state your reasons, it will not be 433
held against you by the court and you can state your reasons at 434
the hearing. 435
If you request a hearing, it will be conducted in 437
................... courtroom ........, (address of court), at 438
.............m. on ............., 19..... 439
You may avoid having a hearing but retain possession of the 441
property until the entry of final judgment in the action by 442
filing with the court, at the office of the clerk of this court, 443
not later than the end of the fifth business day after you 444
receive this notice, a bond executed by an acceptable surety in 445
the amount of $............ 446
If you do not request a hearing or file a bond on or before 448
the end of the fifth business day after you receive this notice, 449
the court, without further notice to you, may order a law 450
enforcement officer or bailiff to take possession of the 451
property. Notice of the dates, times, places, and purposes of 452
any subsequent hearings and of the date, time, and place of the 453
trial of the action will be sent to you. 454
.............................. 456
Clerk of Court 457
Date: ......................." 458
(B) Along with the notice required by division (A) of this 460
section, the clerk of the court also shall deliver to the 461
defendant, in accordance with division (C) of this section, a 462
request for hearing form together with a postage-paid, 463
self-addressed envelope or a request for hearing form on a 464
postage-paid, self-addressed postcard. The request for hearing 465
shall be in substantially the following form: 466
"(Name and Address of Court) 468
Case Number ....................... Date ............... 470
REQUEST FOR HEARING 472
11
I dispute the claim for the attachment of property in the 474
above case and request that a hearing in this matter be held at 475
the time and place set forth in the notice that I previously 476
received. 477
I dispute the claim for the following reasons: 479
................................................................. 481
(Optional) 483
................................................................. 485
................................................................. 487
.............................. 488
(Name of Defendant) 489
............................. 491
(Signature) 492
.............................. 493
(Date) 494
495
WARNING: IF YOU DO NOT DELIVER THIS REQUEST FOR HEARING OR 497
A REQUEST IN A SUBSTANTIALLY SIMILAR FORM TO THE OFFICE OF THE 498
CLERK OF THIS COURT WITHIN FIVE (5) BUSINESS DAYS OF YOUR RECEIPT 499
OF IT, YOU WAIVE YOUR RIGHT TO A HEARING AT THIS TIME AND YOU MAY 500
BE REQUIRED TO GIVE UP THE PROPERTY SOUGHT WITHOUT A HEARING." 501
(C) The notice required by division (A) of this section 503
shall be served on the defendant in duplicate not less than seven 504
business days prior to the date on which the hearing is 505
scheduled, together with a copy of the complaint and summons, if 506
not previously served, and a copy of the motion for the 507
attachment of property and the affidavit attached to the motion, 508
in the same manner as provided in the Rules of Civil Procedure 509
for the service of process. Service may be effected by 510
publication as provided in the Rules of Civil Procedure except 511
that the number of weeks for publication may be reduced by the 512
court to the extent appropriate. 513
Sec. 2737.05. (A) Upon the filing of a motion for an 522
order of possession pursuant to section 2737.03 of the Revised 523
12
Code, the movant shall file with the clerk of the court a 524
praecipe instructing the clerk to issue to the respondent a 525
notice of the proceeding. Upon receipt of the praecipe, the 526
clerk shall issue the notice which shall be in substantially the 527
following form: 529
"(Name and Address of Court) 529
Case No................... 530
(CASE CAPTION) (Case Caption) 533
NOTICE 535
You are hereby notified that (name and address of movant), 537
the movant in this proceeding, has applied to this court for the 538
recovery of possession of (describe property) claimed to be in 539
your possession. The basis for this application is indicated in 540
the documents that are enclosed with this notice. 541
If you dispute the movant's claim for possession of 543
property and believe that you are entitled to retain possession 544
of the property because it is exempt or for any other reason, you 545
may request a hearing before this court by disputing the claim in 546
the request for hearing form appearing below, or in a 547
substantially similar form and delivering the request for the 548
hearing to this court, at the office of the clerk of this court, 549
not later than the end of the fifth business day after you 550
receive this notice. You may state your reasons for disputing 551
the claim in the space provided on the form; however, you are not 552
required to do so. If you do state your reasons for disputing 553
the claim, you are not prohibited from stating any other reasons 554
at the hearing, and if you do not state your reasons, it will not 555
be held against you by the court and you can state your reasons 556
at the hearing. 557
If you request a hearing, it will be conducted in 559
................... courtroom ........, (address of court), at 560
.............m. on, ............., 19..... 561
You may avoid having a hearing but retain possession of the 563
property until the entry of final judgment in the action by 564
13
filing with the court, at the office of the clerk of this court, 565
not later than the end of the fifth business day after you 566
receive this notice, a bond executed by an acceptable surety in 567
the amount of $............ 568
If you do not request a hearing or file a bond on or before 570
the end of the fifth business day after you receive this notice, 571
the court, without further notice to you, may order a law 572
enforcement officer or bailiff to take possession of the 573
property. Notice of the dates, times, places, and purposes of 574
any subsequent hearings and of the date, time, and place of the 575
trial of the action will be sent to you. 577
............................. 578
Clerk of the Court 580
Date:......................" 582
(B) Along with the notice required by division (A) of this 584
section, the clerk of the court also shall deliver to the 585
respondent, in accordance with division (C) of this section, a 586
request for hearing form together with a postage-paid, 587
self-addressed envelope or a request for hearing form on a 588
postage-paid, self-addressed postcard. The request for hearing 589
shall be in substantially the following form: 590
"(Name and Address of Court) 592
Case Number ........................ Date ............ 594
REQUEST FOR HEARING 596
I dispute the claim for the possession of property in the 598
above case and request that a hearing in this matter be held at 599
the time and place set forth in the notice that I previously 600
received. 601
I dispute the claim for the following reasons: 603
................................................................. 605
(Optional) 606
................................................................. 607
................................................................. 608
............................. 610
14
(Name of Respondent) 612
............................. 614
(Signature) 616
............................. 618
(Date) 620
WARNING: IF YOU DO NOT DELIVER THIS REQUEST FOR HEARING OR 622
A REQUEST IN A SUBSTANTIALLY SIMILAR FORM TO THE OFFICE OF THE 623
CLERK OF THIS COURT WITHIN FIVE (5) BUSINESS DAYS OF YOUR RECEIPT 624
OF IT, YOU WAIVE YOUR RIGHT TO A HEARING AT THIS TIME AND YOU MAY 625
BE REQUIRED TO GIVE UP THE PROPERTY SOUGHT WITHOUT A HEARING." 626
(C) The notice required by division (A) of this section 628
shall be served on the respondent in duplicate not less than 629
seven business days prior to the date on which the hearing is 630
scheduled, together with a copy of the complaint and summons, if 631
not previously served, and a copy of the motion for the delivery 632
of property and the affidavit attached to the motion, in the same 633
manner as provided in the Rules of Civil Procedure for the 634
service of process. Service may be effected by publication as 635
provided in the Rules of Civil Procedure except that the number 636
of weeks for publication may be reduced by the court to the 637
extent appropriate. 638
Sec. 2935.17. (A) An affidavit in either of the following 647
forms is sufficient: 648
(1) "State of Ohio, 650
........................... County, ss: 652
Before me, A.B., personally came C.D., who being duly sworn 654
according to law deposes and says that on or about the day of 655
..........., 19....., at the county of .......... one E.F. (here 657
describe the offense as nearly according to the nature thereof as 658
the case will admit, in ordinary concise language) C.D. 659
Sworn to and subscribed before me this ........ day of 661
.........., 19.... 662
A.B., County Judge 663
Clerk of ............. Court" 664
15
(2) "State of Ohio, 666
........................... County, ss: 668
Before me, A.B., personally came C.D., who being duly sworn 670
according to law says that on or about the ...... day of 671
........., 19...., one E.F. did: (here listing several common 673
offenses, plainly but tersely described as: fail to stop at stop 674
sign, pass at crest of grade, etc., with a ruled box before each, 675
and then showing an X or distinctive mark in front of the offense
claimed to be committed). C.D. 676
Sworn to before me and subscribed in my presence this ........ 678
day of ........, 19...., 679
A.B., County Judge 680
Clerk of ................... Court" 681
(B) A complaint in the following form is sufficient: 683
"State of Ohio, 685
........................... County, ss: 687
The undersigned (assistant) prosecuting attorney of 689
.......... County complains that on or about the ..... day of 690
............., 19...., one E.F. did (here describing the offense 691
committed as above) based on affidavit of .................. 692
filed with me.
........................... 695
Prosecuting Attorney/City director DIRECTOR of law LAW" 697
Provided, that the supreme court of Ohio, may, by rule, 699
provide for the uniform type and language to be used in any 700
affidavit or complaint to be filed in any court inferior to the 701
court of common pleas for violations of the motor vehicle and 702
traffic acts and related ordinances and in any notice to violator 703
to appear in such courts, and may require that such forms and no 704
other, shall be received in such courts, and issued to violators. 705
Sec. 2935.18. A warrant, summons, or notice of a peace 714
officer shall either contain a copy of the affidavit, or recite 715
the substance of the accusation. A warrant shall be directed to 717
a specific officer or to a department designated by its chief, 718
16
and shall command such officer or member of department to take 719
the accused and bring him THE ACCUSED forthwith before the 720
magistrate or court issuing such warrant, to be dealt with 721
according to law. A summons shall be directed to the officer or 723
department, and shall command him THE OFFICER OR DEPARTMENT to 725
notify the accused by serving a copy of such summons upon him THE 726
ACCUSED. The following form of warrant is sufficient: 727
"The State of Ohio, 729
......................... County, ss: 731
To the Sheriff (other Officer): 733
Greetings: 735
Whereas there has been filed with me an affidavit of which 737
the following is a copy (here copy) or the substance, (here set 738
forth the substance, omitting formal parts). These are therefore 739
to command you to take the said E.F., if he E.F. is found in your 740
county, or if he E.F. is not found in your county, that you 741
pursue after him E.F. in any other county in this state and take 742
and safely keep the said E.F. so that you have his body E.F. 743
forthwith before me or some other magistrate of said county to 744
answer the said complaint and be further dealt with according to 745
law.
Given under my hand this ...... day of ........, 19 ..... 747
A.B., Judge of ......... Court 748
Clerk of .............. Court" 749
The following form of summons is sufficient: 752
"The State of Ohio, .................... County, ss: 754
To the Bailiff or .................... Constable: 756
Whereas there has been filed before me an Affidavit 758
(Complaint) of which the following is a copy (here copy) or the 759
substance (here set forth the substance, omitting formal parts). 760
You are commanded to summon one said E.F. to appear before me on 761
the ........ day of .........., 19 ....., at ........ o'clock, 763
..... M., at .......... Building, ...................., Ohio, to
answer to said charge. 764
17
You will make due return of this summons forthwith upon 766
service.
A.B., Judge of ......... Court 767
Clerk of .............. Court" 768
Sec. 2935.19. An affidavit in the form following is 778
sufficient: The
"THE State of Ohio, 781
.................... County, ss: 783
Before me, A.B., personally came C.D., who being duly sworn 785
according to law, deposes and says that on or about the 786
................ day of ..................., .... at the county 787
of ...................., one E.F. (here describe the offense 789
committed as nearly according to the nature thereof as the case 790
will admit, in ordinary and concise language.)
Sworn to and subscribed before me, this ......... day of 792
........................, 19 ..... 793
A.B., Judge" 794
Sec. 2941.06. An indictment may be substantially in the 803
following form: 804
"The State of Ohio,) 806
ss. 808
........... County) 810
In the Year of our Lord one thousand nine hundred and ....... 812
The jurors of the Grand Jury of the State of Ohio, within 814
and for the body of the County aforesaid, on their oaths, in the 815
name and by the authority of the State of Ohio, do find and 816
present that A.B., on the ....... day of ........... 818
19,........., at the county of ........... aforesaid, did 819
........... (here insert the name of the offense if it has one, 820
such as murder, arson, or the like, or if a misdemeanor having no 821
general name, insert a brief description of it as given by law) 822
contrary to the form of the statute in such case made and 823
provided, and against the peace and dignity of the State of Ohio. 824
........C.D......... 826
18
(Indorsed) A true bill. Prosecuting Attorney 828
E.F., Foreman FOREPERSON of the Grand Jury." 830
Sec. 3113.215. (A) As used in this section: 839
(1) "Income" means either of the following: 841
(a) For a parent who is employed to full capacity, the 843
gross income of the parent; 844
(b) For a parent who is unemployed or underemployed, the 846
sum of the gross income of the parent, and any potential income 847
of the parent. 848
(2) "Gross income" means, except as excluded in this 850
division, the total of all earned and unearned income from all 851
sources during a calendar year, whether or not the income is 852
taxable, and includes, but is not limited to, income from 853
salaries, wages, overtime pay and bonuses to the extent described 854
in division (B)(5)(d) of this section, commissions, royalties, 855
tips, rents, dividends, severance pay, pensions, interest, trust 856
income, annuities, social security benefits, workers' 857
compensation benefits, unemployment insurance benefits, 858
disability insurance benefits, benefits received by and in the 859
possession of the veteran who is the beneficiary for any 860
service-connected disability under a program or law administered 861
by the United States department of veterans' affairs or veterans' 862
administration, spousal support actually received from a person 863
not a party to the support proceeding for which actual gross 864
income is being determined, and all other sources of income; 865
income of members of any branch of the United States armed 866
services or national guard, including, but not limited to,
amounts representing base pay, basic allowance for quarters, 867
basic allowance for subsistence, supplemental subsistence 868
allowance, cost of living adjustment, specialty pay, variable 869
housing allowance, and pay for training or other types of 870
required drills; self-generated income; and potential cash flow 871
from any source. 872
"Gross income" does not include any of the following: 874
19
(a) Benefits received from means-tested public assistance 877
programs, including, but not limited to, Ohio works first; 879
prevention, retention, and contingency; supplemental security 880
income; food stamps; or disability assistance; 881
(b) Benefits for any service-connected disability under a 884
program or law administered by the United States department of 885
veterans' affairs or veterans' administration that have not been 886
distributed to the veteran who is the beneficiary of the benefits 887
and that are in the possession of the United States department of 888
veterans' affairs or veterans' administration;
(c) Child support received for children who were not born 891
or adopted during the marriage at issue; 892
(d) Amounts paid for mandatory deductions from wages other 895
than taxes, social security, or retirement in lieu of social 896
security, including, but not limited to, union dues; 897
(e) Nonrecurring or unsustainable income or cash flow 900
items.
(3) "Self-generated income" means gross receipts received 902
by a parent from self-employment, proprietorship of a business, 903
joint ownership of a partnership or closely held corporation, and 904
rents minus ordinary and necessary expenses incurred by the 905
parent in generating the gross receipts. "Self-generated income" 906
includes expense reimbursements or in-kind payments received by a 907
parent from self-employment, the operation of a business, or 908
rents, including, but not limited to, company cars, free housing, 909
reimbursed meals, and other benefits, if the reimbursements are 910
significant and reduce personal living expenses. 911
(4)(a) "Ordinary and necessary expenses incurred in 913
generating gross receipts" means actual cash items expended by 914
the parent or the parent's business and includes depreciation 916
expenses of replacement business equipment as shown on the books 917
of a business entity. 918
(b) Except as specifically included in "ordinary and 920
necessary expenses incurred in generating gross receipts" by 921
20
division (A)(4)(a) of this section, "ordinary and necessary 922
expenses incurred in generating gross receipts" does not include 923
depreciation expenses and other noncash items that are allowed as 924
deductions on any federal tax return of the parent or the 925
parent's business. 926
(5) "Potential income" means both of the following for a 928
parent that the court, or a child support enforcement agency 929
pursuant to sections 3111.20, 3111.211, and 3111.22 of the 931
Revised Code, determines is voluntarily unemployed or voluntarily 932
underemployed: 933
(a) Imputed income that the court or agency determines the 935
parent would have earned if fully employed as determined from the 936
parent's employment potential and probable earnings based on the 937
parent's recent work history, the parent's occupational 938
qualifications, and the prevailing job opportunities and salary 939
levels in the community in which the parent resides; 940
(b) Imputed income from any nonincome-producing assets of 942
a parent, as determined from the local passbook savings rate or 943
another appropriate rate as determined by the court or agency, 944
not to exceed the rate of interest specified in division (A) of 945
section 1343.03 of the Revised Code, if the income is 946
significant. 947
(6) "Child support order" means an order for the payment 949
of child support. 950
(7) "Combined gross income" means the combined gross 952
income of both parents. 953
(8) "Split parental rights and responsibilities" means a 955
situation in which there is more than one child who is the 956
subject of an allocation of parental rights and responsibilities 957
and each parent is the residential parent and legal custodian of 958
at least one of those children. 959
(9) "Schedule" means the basic child support schedule set 961
forth in division (D) of this section. 962
(10) "Worksheet" means the applicable worksheet that is 964
21
used to calculate a parent's child support obligation and that is 965
set forth in divisions (E) and (F) of this section. 966
(11) "Nonrecurring or unsustainable income or cash flow 968
item" means any income or cash flow item that the parent receives 969
in any year or for any number of years not to exceed three years 970
and that the parent does not expect to continue to receive on a 971
regular basis. "Nonrecurring or unsustainable income or cash 972
flow item" does not include a lottery prize award that is not 973
paid in a lump sum or any other item of income or cash flow that 974
the parent receives or expects to receive for each year for a 975
period of more than three years or that the parent receives and 976
invests or otherwise utilizes to produce income or cash flow for 977
a period of more than three years. 978
(12) "Extraordinary medical expenses" means any uninsured 980
medical expenses that are incurred for a child during a calendar 981
year and that exceed one hundred dollars for that child during 982
that calendar year. 983
(B)(1) In any action in which a child support order is 985
issued or modified under Chapter 3115. or section 2151.23, 986
2151.231, 2151.232, 2151.33, 2151.36, 2151.49, 3105.18, 3105.21, 987
3109.05, 3109.19, 3111.13, 3113.04, 3113.07, 3113.216, or 3113.31 989
of the Revised Code, in any other proceeding in which the court 990
determines the amount of child support that will be ordered to be 991
paid pursuant to a child support order, or when a child support 992
enforcement agency determines the amount of child support that 993
will be paid pursuant to an administrative child support order 994
issued pursuant to sections 3111.20, 3111.211, and 3111.22 of the 995
Revised Code, the court or agency shall calculate the amount of 997
the obligor's child support obligation in accordance with the 998
basic child support schedule in division (D) of this section, the 999
applicable worksheet in division (E) or (F) of this section, and 1,000
the other provisions of this section, shall specify the support 1,001
obligation as a monthly amount due, and shall order the support 1,002
obligation to be paid in periodic increments as it determines to 1,003
22
be in the best interest of the children. In performing its 1,004
duties under this section, the court or agency is not required to 1,005
accept any calculations in a worksheet prepared by any party to 1,006
the action or proceeding. In any action or proceeding in which 1,007
the court determines the amount of child support that will be 1,008
ordered to be paid pursuant to a child support order or when a 1,009
child support enforcement agency determines the amount of child 1,010
support that will be paid pursuant to an administrative child 1,011
support order issued pursuant to sections 3111.20, 3111.211, and 1,012
3111.22 of the Revised Code, the amount of child support that 1,013
would be payable under a child support order, as calculated 1,015
pursuant to the basic child support schedule in division (D) of 1,016
this section and pursuant to the applicable worksheet in division 1,017
(E) of this section, through line 24, or in division (F) of this 1,018
section, through line 23, is rebuttably presumed to be the 1,019
correct amount of child support due, and the court or agency 1,020
shall order that amount to be paid as child support unless both 1,021
of the following apply with respect to an order issued by a 1,022
court:
(a) The court, after considering the factors and criteria 1,024
set forth in division (B)(3) of this section, determines that the 1,025
amount calculated pursuant to the basic child support schedule 1,026
and pursuant to the applicable worksheet in division (E) of this 1,027
section, through line 24, or in division (F) of this section, 1,028
through line 23, would be unjust or inappropriate and would not 1,029
be in the best interest of the child. 1,030
(b) The court enters in the journal the amount of child 1,032
support calculated pursuant to the basic child support schedule 1,033
and pursuant to the applicable worksheet in division (E) of this 1,034
section, through line 24, or in division (F) of this section, 1,035
through line 23, its determination that that amount would be 1,036
unjust or inappropriate and would not be in the best interest of 1,037
the child, and findings of fact supporting that determination. 1,038
(2) In determining the amount of child support to be paid 1,040
23
under any child support order, the court, upon its own 1,041
recommendation or upon the recommendation of the child support 1,042
enforcement agency, shall or the child support enforcement 1,043
agency, pursuant to sections 3111.20, 3111.211, and 3111.22 of 1,045
the Revised Code, shall do all of the following: 1,046
(a) If the combined gross income of both parents is less 1,048
than six thousand six hundred dollars per year, the court or 1,049
agency shall determine the amount of the obligor's child support 1,050
obligation on a case-by-case basis using the schedule as a 1,051
guideline. The court or agency shall review the obligor's gross 1,052
income and living expenses to determine the maximum amount of 1,053
child support that it reasonably can order without denying the 1,054
obligor the means for self-support at a minimum subsistence level 1,055
and shall order a specific amount of child support, unless the 1,056
obligor proves to the court or agency that the obligor is totally 1,057
unable to pay child support and the court or agency determines 1,058
that it would be unjust or inappropriate to order the payment of 1,059
child support and enters its determination and supporting 1,060
findings of fact in the journal. 1,061
(b) If the combined gross income of both parents is 1,063
greater than one hundred fifty thousand dollars per year, the 1,064
court or agency shall determine the amount of the obligor's child 1,065
support obligation on a case-by-case basis and shall consider the 1,066
needs and the standard of living of the children who are the 1,067
subject of the child support order and of the parents. When the 1,068
court or agency determines the amount of the obligor's child 1,069
support obligation for parents with a combined gross income 1,070
greater than one hundred fifty thousand dollars, the court or 1,071
agency shall compute a basic combined child support obligation 1,072
that is no less than the same percentage of the parents' combined 1,073
annual income that would have been computed under the basic child 1,074
support schedule and under the applicable worksheet in division 1,075
(E) of this section, through line 24, or in division (F) of this 1,076
section, through line 23, for a combined gross income of one 1,077
24
hundred fifty thousand dollars, unless the court or agency 1,078
determines that it would be unjust or inappropriate and would not 1,079
be in the best interest of the child, obligor, or obligee to 1,080
order that amount and enters in the journal the figure, 1,081
determination, and findings. 1,082
(c) The court shall not order an amount of child support 1,084
that deviates from the amount of child support that would 1,085
otherwise result from the use of the basic child support schedule 1,086
and the applicable worksheet in division (E) of this section, 1,087
through line 24, or in division (F) of this section, through line 1,088
23, unless both of the following apply: 1,089
(i) The court, after considering the factors and criteria 1,091
set forth in division (B)(3) of this section, determines that the 1,092
amount calculated pursuant to the basic child support schedule 1,093
and pursuant to the applicable worksheet in division (E) of this 1,094
section, through line 24, or in division (F) of this section, 1,095
through line 23, would be unjust or inappropriate and would not 1,096
be in the best interest of the child; 1,097
(ii) The court enters in the journal the amount of child 1,099
support calculated pursuant to the basic child support schedule 1,100
and pursuant to the applicable worksheet in division (E) of this 1,101
section, through line 24, or in division (F) of this section, 1,102
through line 23, its determination that that amount would be 1,103
unjust or inappropriate and would not be in the best interest of 1,104
the child, and findings of fact supporting that determination. 1,105
(3) The court, in accordance with divisions (B)(1) and 1,107
(2)(c) of this section, may deviate from the amount of support 1,108
that otherwise would result from the use of the schedule and the 1,109
applicable worksheet in division (E) of this section, through 1,110
line 24, or in division (F) of this section, through line 23, in 1,111
cases in which the application of the schedule and the applicable 1,112
worksheet in division (E) of this section, through line 24, or in 1,113
division (F) of this section, through line 23, would be unjust or 1,114
inappropriate and would not be in the best interest of the child. 1,115
25
In determining whether that amount would be unjust or 1,116
inappropriate and would not be in the best interest of the child, 1,117
the court may consider any of the following factors and criteria: 1,118
(a) Special and unusual needs of the children; 1,120
(b) Extraordinary obligations for minor children or 1,122
obligations for handicapped children who are not stepchildren and 1,123
who are not offspring from the marriage or relationship that is 1,124
the basis of the immediate child support determination; 1,125
(c) Other court-ordered payments; 1,127
(d) Extended times of visitation or extraordinary costs 1,129
associated with visitation, provided that this division does not 1,130
authorize and shall not be construed as authorizing any deviation 1,131
from the schedule and the applicable worksheet in division (E) of 1,132
this section, through line 24, or in division (F) of this 1,133
section, through line 23, or any escrowing, impoundment, or 1,134
withholding of child support because of a denial of or 1,135
interference with a right of companionship or visitation granted 1,136
by court order; 1,137
(e) The obligor obtains additional employment after a 1,139
child support order is issued in order to support a second 1,140
family; 1,141
(f) The financial resources and the earning ability of the 1,143
child; 1,144
(g) Disparity in income between parties or households; 1,146
(h) Benefits that either parent receives from remarriage 1,148
or sharing living expenses with another person; 1,149
(i) The amount of federal, state, and local taxes actually 1,151
paid or estimated to be paid by a parent or both of the parents; 1,152
(j) Significant in-kind contributions from a parent, 1,154
including, but not limited to, direct payment for lessons, sports 1,155
equipment, schooling, or clothing; 1,156
(k) The relative financial resources, other assets and 1,158
resources, and needs of each parent; 1,159
(l) The standard of living and circumstances of each 1,161
26
parent and the standard of living the child would have enjoyed 1,162
had the marriage continued or had the parents been married; 1,163
(m) The physical and emotional condition and needs of the 1,165
child; 1,166
(n) The need and capacity of the child for an education 1,168
and the educational opportunities that would have been available 1,169
to the child had the circumstances requiring a court order for 1,170
support not arisen; 1,171
(o) The responsibility of each parent for the support of 1,173
others; 1,174
(p) Any other relevant factor. 1,176
The court may accept an agreement of the parents that 1,178
assigns a monetary value to any of the factors and criteria 1,179
listed in division (B)(3) of this section that are applicable to 1,180
their situation. 1,181
(4) If an obligor or obligee under a child support order 1,183
requests the court to modify the amount of support required to be 1,184
paid pursuant to the child support order, the court shall 1,185
recalculate the amount of support that would be required to be 1,186
paid under the support order in accordance with the schedule and 1,187
pursuant to the applicable worksheet in division (E) of this 1,188
section, through line 24, or in division (F) of this section, 1,189
through line 23, and if that amount as recalculated is more than 1,190
ten per cent greater than or more than ten per cent less than the 1,191
amount of child support that is required to be paid pursuant to 1,192
the existing child support order, the deviation from the 1,193
recalculated amount that would be required to be paid under the 1,194
schedule and the applicable worksheet in division (E) of this 1,195
section, through line 24, or in division (F) of this section, 1,196
through line 23, shall be considered by the court as a change of 1,197
circumstance that is substantial enough to require a modification 1,198
of the amount of the child support order. In determining 1,199
pursuant to this division the recalculated amount of support that 1,200
would be required to be paid under the support order for purposes 1,201
27
of determining whether that recalculated amount is more than ten 1,202
per cent greater than or more than ten per cent less than the 1,203
amount of child support that is required to be paid pursuant to 1,204
the existing child support order, the court shall consider, in 1,205
addition to all other factors required by law to be considered, 1,206
the cost of health insurance which the obligor, the obligee, or 1,207
both the obligor and the obligee have been ordered to obtain for 1,208
the children specified in the order. Additionally, if an obligor 1,209
or obligee under a child support order requests the court to 1,210
modify the amount of support required to be paid pursuant to the 1,211
child support order and if the court determines that the amount 1,212
of support does not adequately meet the medical needs of the 1,213
child, the inadequate coverage shall be considered by the court 1,214
as a change of circumstance that is substantial enough to require 1,215
a modification of the amount of the child support order. If the 1,216
court determines that the amount of child support required to be 1,217
paid under the child support order should be changed due to a 1,218
substantial change of circumstances that was not contemplated at 1,219
the time of the issuance of the original child support order or 1,220
the last modification of the child support order, the court shall 1,221
modify the amount of child support required to be paid under the 1,222
child support order to comply with the schedule and the 1,223
applicable worksheet in division (E) of this section, through 1,224
line 24, or in division (F) of this section, through line 23, 1,225
unless the court determines that the amount calculated pursuant 1,226
to the basic child support schedule and pursuant to the 1,227
applicable worksheet in division (E) of this section, through 1,228
line 24, or in division (F) of this section, through line 23, 1,229
would be unjust or inappropriate and would not be in the best 1,230
interest of the child and enters in the journal the figure, 1,231
determination, and findings specified in division (B)(2)(c) of 1,232
this section. 1,233
(5) When a court computes the amount of child support 1,235
required to be paid under a child support order or a child 1,236
28
support enforcement agency computes the amount of child support 1,237
to be paid pursuant to an administrative child support order 1,238
issued pursuant to section 3111.20, 3111.211, or 3111.22 of the 1,240
Revised Code, all of the following apply: 1,241
(a) The parents shall verify current and past income and 1,243
personal earnings with suitable documents, including, but not 1,244
limited to, paystubs, employer statements, receipts and expense 1,245
vouchers related to self-generated income, tax returns, and all 1,246
supporting documentation and schedules for the tax returns. 1,247
(b) The amount of any pre-existing child support 1,249
obligation of a parent under a child support order and the amount 1,250
of any court-ordered spousal support paid to a former spouse 1,251
shall be deducted from the gross income of that parent to the 1,252
extent that payment under the child support order or that payment 1,253
of the court-ordered spousal support is verified by supporting 1,254
documentation. 1,255
(c) If other minor children who were born to the parent 1,258
and a person other than the other parent who is involved in the 1,260
immediate child support determination live with the parent, the 1,261
court or agency shall deduct an amount from that parent's gross 1,262
income that equals the number of such minor children times the 1,263
federal income tax exemption for such children less child support 1,264
received for them for the year, not exceeding the federal income 1,265
tax exemption. 1,266
(d) When the court or agency calculates the gross income 1,268
of a parent, it shall include the lesser of the following as 1,269
income from overtime and bonuses: 1,270
(i) The yearly average of all overtime and bonuses 1,272
received during the three years immediately prior to the time 1,273
when the person's child support obligation is being computed; 1,274
(ii) The total overtime and bonuses received during the 1,276
year immediately prior to the time when the person's child 1,277
support obligation is being computed. 1,278
(e) When the court or agency calculates the gross income 1,280
29
of a parent, it shall not include any income earned by the spouse 1,281
of that parent. 1,282
(f) The court shall not order an amount of child support 1,285
for reasonable and ordinary uninsured medical or dental expenses 1,286
in addition to the amount of the child support obligation 1,287
determined in accordance with the schedule. The court shall 1,288
issue a separate order for extraordinary medical or dental 1,289
expenses, including, but not limited to, orthodontia,
psychological, appropriate private education, and other expenses, 1,290
and may consider the expenses in adjusting a child support order. 1,291
(g) When a court or agency calculates the amount of child 1,293
support to be paid pursuant to a child support order or an 1,294
administrative child support order, if the combined gross income 1,295
of both parents is an amount that is between two amounts set 1,296
forth in the first column of the schedule, the court or agency 1,297
may use the basic child support obligation that corresponds to 1,298
the higher of the two amounts in the first column of the 1,299
schedule, use the basic child support obligation that corresponds 1,300
to the lower of the two amounts in the first column of the 1,301
schedule, or calculate a basic child support obligation that is 1,302
between those two amounts and corresponds proportionally to the 1,303
parents' actual combined gross income. 1,304
(h) When the court or agency calculates gross income, the 1,306
court or agency, when appropriate, may average income over a 1,307
reasonable period of years. 1,308
(6)(a) If the court issues a shared parenting order in 1,310
accordance with section 3109.04 of the Revised Code, the court 1,311
shall order an amount of child support to be paid under the child 1,312
support order that is calculated in accordance with the schedule 1,313
and with the worksheet set forth in division (E) of this section, 1,314
through line 24, except that, if the application of the schedule 1,315
and the worksheet, through line 24, would be unjust or 1,316
inappropriate to the children or either parent and would not be 1,317
in the best interest of the child because of the extraordinary 1,318
30
circumstances of the parents or because of any other factors or 1,319
criteria set forth in division (B)(3) of this section, the court 1,320
may deviate from the amount of child support that would be 1,321
ordered in accordance with the schedule and worksheet, through 1,322
line 24, shall consider those extraordinary circumstances and 1,323
other factors or criteria if it deviates from that amount, and 1,324
shall enter in the journal the amount of child support calculated 1,325
pursuant to the basic child support schedule and pursuant to the 1,326
applicable worksheet, through line 24, its determination that 1,327
that amount would be unjust or inappropriate and would not be in 1,328
the best interest of the child, and findings of fact supporting 1,329
that determination. 1,330
(b) For the purposes of this division, "extraordinary 1,332
circumstances of the parents" includes, but is not limited to, 1,333
all of the following: 1,334
(i) The amount of time that the children spend with each 1,336
parent; 1,337
(ii) The ability of each parent to maintain adequate 1,339
housing for the children; 1,340
(iii) Each parent's expenses, including, but not limited 1,342
to, child care expenses, school tuition, medical expenses, and 1,343
dental expenses. 1,344
(7)(a) In any action in which a child support order is 1,346
issued or modified under Chapter 3115. or section 2151.23, 1,347
2151.231, 2151.232, 2151.33, 2151.36, 2151.49, 3105.18, 3105.21, 1,348
3109.05, 3109.19, 3111.13, 3113.04, or 3113.31 of the Revised 1,351
Code or in any other proceeding in which the court determines the 1,352
amount of child support that will be ordered to be paid pursuant 1,353
to a child support order and except as otherwise provided in this 1,354
division, the court shall issue a minimum support order requiring 1,355
the obligor to pay a minimum amount of fifty dollars a month for 1,356
child support under the child support order. The court, in its 1,357
discretion and in appropriate circumstances, may issue a minimum 1,358
support order requiring the obligor to pay an amount of child 1,359
31
support that is less than fifty dollars a month or not requiring 1,360
the obligor to pay an amount for support. The appropriate 1,361
circumstances for which a court may issue a minimum support order 1,362
requiring an obligor to pay an amount of child support that is 1,363
less than fifty dollars a month or not requiring the obligor to 1,364
pay an amount for support include, but are not limited to, the 1,365
nonresidential parent's medically verified or documented physical 1,366
or mental disability or institutionalization in a facility for 1,367
persons with a mental illness. If the court issues a minimum 1,368
support order pursuant to this division and the obligor under the 1,369
support order is the recipient of need-based public assistance, 1,370
any unpaid amounts of support due under the support order shall 1,371
accrue as arrearages from month to month, the obligor's current 1,372
obligation to pay the support due under the support order is 1,373
suspended during any period of time that the obligor is receiving 1,374
need-based public assistance and is complying with any seek work 1,375
orders issued pursuant to division (D)(4) of section 3113.21 of 1,376
the Revised Code, and the court, obligee, and child support 1,378
enforcement agency shall not enforce the obligation of the 1,379
obligor to pay the amount of support due under the support order 1,380
during any period of time that the obligor is receiving 1,381
need-based public assistance and is complying with any seek work 1,382
orders issued pursuant to division (D)(4) of section 3113.21 of 1,383
the Revised Code. 1,385
(b) Notwithstanding division (B)(7)(a) of this section, if 1,387
the amount of support payments that federal law requires or 1,388
permits to be disregarded in determining eligibility for aid 1,389
under Chapter 5107. of the Revised Code exceeds fifty dollars, 1,390
instead of fifty dollars the amount of a minimum support order 1,391
described in division (B)(7)(a) of this section shall be the 1,392
amount federal law requires or permits to be disregarded. 1,393
(C) Except when the parents have split parental rights and 1,395
responsibilities, a parent's child support obligation for a child 1,396
for whom the parent is the residential parent and legal custodian 1,397
32
shall be presumed to be spent on that child and shall not become 1,398
part of a child support order, and a parent's child support 1,399
obligation for a child for whom the parent is not the residential 1,400
parent and legal custodian shall become part of a child support 1,401
order. If the parents have split parental rights and 1,402
responsibilities, the child support obligations of the parents 1,403
shall be offset, and the court shall issue a child support order 1,404
requiring the parent with the larger child support obligation to 1,405
pay the net amount pursuant to the child support order. If 1,406
neither parent of a child who is the subject of a child support 1,407
order is the residential parent and legal custodian of the child 1,408
and the child resides with a third party who is the legal 1,409
custodian of the child, the court shall issue a child support 1,410
order requiring each parent to pay that parent's child support 1,412
obligation pursuant to the child support order. 1,413
Whenever a court issues a child support order, it shall 1,415
include in the order specific provisions for regular, holiday, 1,416
vacation, and special visitation in accordance with section 1,417
3109.05, 3109.11, or 3109.12 of the Revised Code or in accordance 1,418
with any other applicable section of the Revised Code. The court 1,419
shall not authorize or permit the escrowing, impoundment, or 1,420
withholding of any child support payment because of a denial of 1,421
or interference with a right of visitation included as a specific 1,422
provision of the child support order or as a method of enforcing 1,423
the specific provisions of the child support order dealing with 1,424
visitation. 1,425
(D) The following basic child support schedule shall be 1,427
used by all courts and child support enforcement agencies when 1,428
calculating the amount of child support that will be paid 1,429
pursuant to a child support order or an administrative child 1,430
support order, unless the combined gross income of the parents is 1,431
less than sixty-six hundred dollars or more than one hundred 1,432
fifty thousand dollars: 1,433
Basic Child Support Schedule 1,434
33
Combined 1,436
Gross Number of Children 1,438
Income One Two Three Four Five Six 1,441
6600 600 600 600 600 600 600 1,442
7200 600 600 600 600 600 600 1,443
7800 600 600 600 600 600 600 1,444
8400 600 600 600 600 600 600 1,445
9000 849 859 868 878 887 896 1,446
9600 1259 1273 1287 1301 1315 1329 1,447
10200 1669 1687 1706 1724 1743 1761 1,448
10800 2076 2099 2122 2145 2168 2192 1,449
11400 2331 2505 2533 2560 2588 2616 1,450
12000 2439 2911 2943 2975 3007 3039 1,451
12600 2546 3318 3354 3390 3427 3463 1,452
13200 2654 3724 3765 3806 3846 3887 1,453
13800 2761 4029 4175 4221 4266 4311 1,454
14400 2869 4186 4586 4636 4685 4735 1,455
15000 2976 4342 4996 5051 5105 5159 1,456
15600 3079 4491 5321 5466 5524 5583 1,457
16200 3179 4635 5490 5877 5940 6003 1,458
16800 3278 4780 5660 6254 6355 6423 1,459
17400 3378 4924 5830 6442 6771 6843 1,460
18000 3478 5069 5999 6629 7186 7262 1,461
18600 3578 5213 6169 6816 7389 7682 1,462
19200 3678 5358 6339 7004 7592 8102 1,463
19800 3778 5502 6508 7191 7796 8341 1,464
20400 3878 5647 6678 7378 7999 8558 1,465
21000 3977 5790 6847 7565 8201 8774 1,466
21600 4076 5933 7015 7750 8402 8989 1,467
22200 4176 6075 7182 7936 8602 9204 1,468
22800 4275 6216 7345 8116 8798 9413 1,469
23400 4373 6357 7509 8297 8994 9623 1,470
24000 4471 6498 7672 8478 9190 9832 1,471
24600 4570 6639 7836 8658 9386 10042 1,472
34
25200 4668 6780 8000 8839 9582 10251 1,473
25800 4767 6920 8163 9020 9778 10461 1,474
26400 4865 7061 8327 9200 9974 10670 1,475
27000 4963 7202 8490 9381 10170 10880 1,476
27600 5054 7332 8642 9548 10351 11074 1,477
28200 5135 7448 8776 9697 10512 11246 1,478
28800 5216 7564 8911 9845 10673 11418 1,479
29400 5297 7678 9045 9995 10833 11592 1,480
30000 5377 7792 9179 10143 10994 11764 1,481
30600 5456 7907 9313 10291 11154 11936 1,482
31200 5535 8022 9447 10439 11315 12107 1,483
31800 5615 8136 9581 10587 11476 12279 1,484
32400 5694 8251 9715 10736 11636 12451 1,485
33000 5774 8366 9849 10884 11797 12623 1,486
33600 5853 8480 9983 11032 11957 12794 1,487
34200 5933 8595 10117 11180 12118 12966 1,488
34800 6012 8709 10251 11328 12279 13138 1,489
35400 6091 8824 10385 11476 12439 13310 1,490
36000 6171 8939 10519 11624 12600 13482 1,491
36600 6250 9053 10653 11772 12761 13653 1,492
37200 6330 9168 10787 11920 12921 13825 1,493
37800 6406 9275 10913 12058 13071 13988 1,494
38400 6447 9335 10984 12137 13156 14079 1,495
39000 6489 9395 11055 12215 13242 14170 1,496
39600 6530 9455 11126 12294 13328 14261 1,497
40200 6571 9515 11197 12373 13413 14353 1,498
40800 6613 9575 11268 12451 13499 14444 1,499
41400 6653 9634 11338 12529 13583 14534 1,500
42000 6694 9693 11409 12607 13667 14624 1,501
42600 6735 9752 11479 12684 13752 14714 1,502
43200 6776 9811 11549 12762 13836 14804 1,503
43800 6817 9871 11619 12840 13921 14894 1,504
44400 6857 9930 11690 12917 14005 14985 1,505
45000 6898 9989 11760 12995 14090 15075 1,506
35
45600 6939 10049 11830 13073 14174 15165 1,507
46200 6978 10103 11897 13146 14251 15250 1,508
46800 7013 10150 11949 13203 14313 15316 1,509
47400 7048 10197 12000 13260 14375 15382 1,510
48000 7083 10245 12052 13317 14437 15448 1,511
48600 7117 10292 12103 13374 14498 15514 1,512
49200 7152 10339 12155 13432 14560 15580 1,513
49800 7187 10386 12206 13489 14622 15646 1,514
50400 7222 10433 12258 13546 14684 15712 1,515
51000 7257 10481 12309 13603 14745 15778 1,516
51600 7291 10528 12360 13660 14807 15844 1,517
52200 7326 10575 12412 13717 14869 15910 1,518
52800 7361 10622 12463 13774 14931 15976 1,519
53400 7396 10669 12515 13832 14992 16042 1,520
54000 7431 10717 12566 13889 15054 16108 1,521
54600 7468 10765 12622 13946 15120 16178 1,522
55200 7524 10845 12716 14050 15232 16298 1,523
55800 7582 10929 12814 14159 15350 16425 1,524
56400 7643 11016 12918 14273 15474 16558 1,525
57000 7704 11104 13021 14388 15598 16691 1,526
57600 7765 11192 13125 14502 15722 16824 1,527
58200 7825 11277 13225 14613 15842 16953 1,528
58800 7883 11361 13324 14723 15961 17079 1,529
59400 7941 11445 13423 14832 16079 17206 1,530
60000 8000 11529 13522 14941 16197 17333 1,531
60600 8058 11612 13620 15050 16315 17460 1,532
61200 8116 11696 13719 15160 16433 17587 1,533
61800 8175 11780 13818 15269 16552 17714 1,534
62400 8233 11864 13917 15378 16670 17840 1,535
63000 8288 11945 14011 15481 16783 17958 1,536
63600 8344 12024 14102 15582 16893 18075 1,537
64200 8399 12103 14194 15683 17002 18193 1,538
64800 8454 12183 14285 15784 17111 18310 1,539
65400 8510 12262 14376 15885 17220 18427 1,540
36
66000 8565 12341 14468 15986 17330 18544 1,541
66600 8620 12421 14559 16087 17439 18661 1,542
67200 8676 12500 14650 16188 17548 18778 1,543
67800 8731 12579 14741 16289 17657 18895 1,544
68400 8786 12659 14833 16390 17767 19012 1,545
69000 8842 12738 14924 16491 17876 19129 1,546
69600 8897 12817 15015 16592 17985 19246 1,547
70200 8953 12897 15107 16693 18094 19363 1,548
70800 9008 12974 15196 16791 18201 19476 1,549
71400 9060 13047 15281 16885 18302 19585 1,550
72000 9111 13120 15366 16979 18404 19694 1,551
72600 9163 13194 15451 17073 18506 19803 1,552
73200 9214 13267 15536 17167 18608 19912 1,553
73800 9266 13340 15621 17261 18709 20021 1,554
74400 9318 13413 15706 17355 18811 20130 1,555
75000 9369 13487 15791 17449 18913 20239 1,556
75600 9421 13560 15876 17543 19015 20347 1,557
76200 9473 13633 15961 17636 19116 20456 1,558
76800 9524 13707 16046 17730 19218 20565 1,559
77400 9576 13780 16131 17824 19320 20674 1,560
78000 9627 13853 16216 17918 19422 20783 1,561
78600 9679 13927 16300 18012 19523 20892 1,562
79200 9731 14000 16385 18106 19625 21001 1,563
79800 9782 14073 16470 18200 19727 21109 1,564
80400 9834 14147 16555 18294 19829 21218 1,565
81000 9885 14220 16640 18387 19930 21326 1,566
81600 9936 14292 16723 18480 20030 21434 1,567
82200 9987 14364 16807 18573 20131 21541 1,568
82800 10038 14439 16891 18665 20235 21651 1,569
83400 10090 14514 16979 18762 20340 21763 1,570
84000 10142 14589 17066 18859 20444 21875 1,571
84600 10194 14663 17154 18956 20549 21987 1,572
85200 10246 14738 17241 19052 20653 22099 1,573
85800 10298 14813 17329 19149 20758 22211 1,574
37
86400 10350 14887 17417 19246 20863 22323 1,575
87000 10403 14962 17504 19343 20967 22435 1,576
87600 10455 15037 17592 19440 21072 22547 1,577
88200 10507 15111 17679 19537 21176 22659 1,578
88800 10559 15186 17767 19633 21281 22771 1,579
89400 10611 15261 17855 19730 21386 22883 1,580
90000 10663 15335 17942 19827 21490 22995 1,581
90600 10715 15410 18030 19924 21595 23107 1,582
91200 10767 15485 18118 20021 21700 23219 1,583
91800 10819 15559 18205 20118 21804 23331 1,584
92400 10872 15634 18293 20215 21909 23443 1,585
93000 10924 15709 18380 20311 22013 23555 1,586
93600 10976 15783 18468 20408 22118 23667 1,587
94200 11028 15858 18556 20505 22223 23779 1,588
94800 11080 15933 18643 20602 22327 23891 1,589
95400 11132 16007 18731 20699 22432 24003 1,590
96000 11184 16082 18818 20796 22536 24115 1,591
96600 11236 16157 18906 20892 22641 24227 1,592
97200 11289 16231 18994 20989 22746 24339 1,593
97800 11341 16306 19081 21086 22850 24451 1,594
98400 11393 16381 19169 21183 22955 24563 1,595
99000 11446 16450 19255 21279 23062 24676 1,596
99600 11491 16516 19334 21366 23156 24777 1,597
100200 11536 16583 19413 21453 23250 24878 1,598
100800 11581 16649 19491 21539 23345 24978 1,599
101400 11625 16714 19569 21625 23437 25077 1,600
102000 11670 16779 19646 21710 23530 25177 1,601
102600 11714 16844 19724 21796 23623 25276 1,602
103200 11759 16909 19801 21881 23715 25375 1,603
103800 11803 16974 19879 21967 23808 25475 1,604
104400 11847 17039 19956 22052 23901 25574 1,605
105000 11892 17104 20034 22138 23994 25673 1,606
105600 11934 17167 20108 22220 24083 25769 1,607
106200 11979 17232 20186 22305 24176 25868 1,608
38
106800 12023 17297 20263 22391 24269 25968 1,609
107400 12068 17362 20341 22476 24361 26067 1,610
108000 12110 17425 20415 22559 24451 26162 1,611
108600 12155 17490 20493 22644 24543 26262 1,612
109200 12199 17555 20570 22730 24636 26361 1,613
109800 12243 17620 20648 22815 24729 26460 1,614
110400 12286 17683 20722 22897 24818 26556 1,615
111000 12331 17748 20800 22983 24911 26655 1,616
111600 12375 17813 20877 23068 25004 26755 1,617
112200 12419 17878 20955 23154 25096 26854 1,618
112800 12462 17941 21029 23236 25186 26949 1,619
113400 12506 18006 21107 23322 25278 27049 1,620
114000 12551 18071 21184 23407 25371 27148 1,621
114600 12595 18136 21262 23493 25464 27247 1,622
115200 12640 18202 21339 23578 25557 27347 1,623
115800 12682 18264 21414 23660 25646 27442 1,624
116400 12727 18329 21491 23746 25739 27542 1,625
117000 12771 18394 21569 23831 25832 27641 1,626
117600 12815 18460 21646 23917 25924 27740 1,627
118200 12858 18522 21721 23999 26013 27836 1,628
118800 12902 18587 21798 24084 26106 27935 1,629
119400 12947 18652 21876 24170 26199 28034 1,630
120000 12991 18718 21953 24256 26292 28134 1,631
120600 13034 18780 22028 24338 26381 28229 1,632
121200 13078 18845 22105 24423 26474 28329 1,633
121800 13123 18910 22183 24509 26567 28428 1,634
122400 13167 18976 22260 24594 26659 28527 1,635
123000 13210 19038 22335 24676 26749 28623 1,636
123600 13254 19103 22412 24762 26841 28722 1,637
124200 13299 19168 22490 24847 26934 28821 1,638
124800 13343 19234 22567 24933 27027 28921 1,639
125400 13386 19296 22642 25015 27116 29016 1,640
126000 13430 19361 22719 25101 27209 29115 1,641
126600 13474 19426 22797 25186 27302 29215 1,642
39
127200 13519 19492 22874 25272 27395 29314 1,643
127800 13561 19554 22949 25354 27484 29410 1,644
128400 13606 19619 23026 25439 27576 29509 1,645
129000 13650 19684 23104 25525 27669 29608 1,646
129600 13695 19750 23181 25610 27762 29708 1,647
130200 13739 19815 23259 25696 27855 29807 1,648
130800 13783 19879 23335 25780 27946 29905 1,649
131400 13828 19945 23414 25868 28041 30007 1,650
132000 13874 20012 23494 25955 28136 30108 1,651
132600 13919 20079 23573 26043 28231 30210 1,652
133200 13963 20143 23649 26127 28323 30308 1,653
133800 14008 20210 23729 26215 28418 30410 1,654
134400 14054 20276 23808 26302 28513 30511 1,655
135000 14099 20343 23887 26390 28608 30613 1,656
135600 14143 20407 23964 26474 28699 30711 1,657
136200 14188 20474 24043 26561 28794 30813 1,658
136800 14234 20541 24123 26649 28889 30914 1,659
137400 14279 20607 24202 26737 28984 31016 1,660
138000 14323 20671 24278 26821 29075 31114 1,661
138600 14368 20738 24358 26908 29170 31215 1,662
139200 14414 20805 24437 26996 29265 31317 1,663
139800 14459 20872 24516 27083 29361 31419 1,664
140400 14503 20936 24593 27168 29452 31517 1,665
141000 14549 21002 24672 27255 29547 31618 1,666
141600 14594 21069 24751 27343 29642 31720 1,667
142200 14639 21136 24831 27430 29737 31822 1,668
142800 14683 21200 24907 27515 29828 31920 1,669
143400 14729 21267 24986 27602 29923 32021 1,670
144000 14774 21333 25066 27690 30018 32123 1,671
144600 14820 21400 25145 27777 30113 32225 1,672
145200 14865 21467 25225 27865 30208 32327 1,673
145800 14909 21531 25301 27949 30300 32424 1,674
146400 14963 21596 25377 28041 30396 32526 1,675
147000 15006 21659 25452 28124 30486 32622 1,676
40
147600 15049 21722 25527 28207 30576 32718 1,677
148200 15090 21782 25599 28286 30662 32810 1,678
148800 15133 21845 25674 28369 30752 32907 1,679
149400 15176 21908 25749 28452 30842 33003 1,680
150000 15218 21971 25823 28534 30931 33099 1,681
(E) When a court or child support enforcement agency 1,684
calculates the amount of child support that will be required to 1,685
be paid pursuant to a child support order or an administrative 1,686
child support order in a proceeding in which one parent is the 1,687
residential parent and legal custodian of all of the children who 1,688
are the subject of the child support order or the court issues a 1,689
shared parenting order, the court or child support enforcement 1,690
agency shall use a worksheet that is identical in content and 1,691
form to the following worksheet: 1,692
"Worksheet 1,693
............... County Domestic Relations Court (or) 1,694
............... County Child Support Enforcement Agency 1,695
Child Support Computation 1,696
Sole Residential Parent or 1,697
Shared Parenting Order 1,698
Name of parties ................................................. 1,700
Case No. .......... 1,702
Number of minor children ...... The following parent was 1,704
designated as the residential parent and legal custodian 1,705
(disregard if shared parenting order): 1,706
............. mother; ............ father. 1,708
Father has ..... pay periods annually; mother has ..... pay 1,710
periods annually. 1,711
Column I Column II Column III 1,713
Father Mother Combined
1a. Annual gross income from 1,716
employment or, when
determined appropriate by 1,717
the court or agency,
41
average annual gross income
from employment over a
reasonable period of years 1,718
(exclude overtime and
bonuses)................... $...... $...... 1,720
b. Amount of overtime and 1,721
bonuses Father Mother 1,722
Yr. 3 1,723
(Three years ago) $...... $...... 1,725
Yr. 2 1,726
(Two years ago) $...... $...... 1,728
Yr. 1 1,729
(Last calendar year) $...... $...... 1,731
Average: $...... $...... 1,733
(Include in Column I and/or 1,734
Column II the average of
the three years or the year 1,735
1 amount, whichever is
less, if there exists a
reasonable expectation that 1,736
the total earnings from
overtime and/or bonuses
during the current calendar 1,737
year will meet or exceed
the amount that is the
lower of the average of the 1,738
three years or the year 1
amount. If, however, there
exists a reasonable 1,739
expectation that the total
earnings from
overtime/bonuses during the 1,740
current calendar year will
be less than the lower of
42
the average of the three 1,741
years or the year 1 amount,
include only the amount
reasonably expected to be 1,742
earned this year.)......... $...... $...... 1,743
2. Annual income from interest 1,744
and dividends (whether or
not taxable)............... $...... $...... 1,746
3. Annual income from 1,747
unemployment compensation.. $...... $...... 1,748
4. Annual income from workers' 1,749
compensation or disability
insurance benefits......... $...... $...... 1,751
5. Other annual income 1,752
(identify)................. $...... $...... 1,753
6. Total annual gross income 1,754
(add lines 1-5)............ $...... $...... 1,755
7. Annual court-ordered support 1,756
paid for other children.... $...... $...... 1,757
8. Adjustment for minor 1,758
children born to either
parent and another parent, 1,759
which children are living
with this parent (number of
children times federal 1,760
income tax exemption less
child support received for
the year, not to exceed the 1,761
federal tax exemption)..... $...... $...... 1,762
9. Annual court-ordered spousal 1,763
support paid to a former
spouse..................... $...... $...... 1,765
10. Amount of local income taxes 1,766
actually paid or estimated
43
to be paid................. $...... $...... 1,768
11. For self-employed 1,769
individuals, deduct 5.6% of
adjusted gross income or 1,770
the actual marginal
difference between the
actual rate paid by the
self-employed individual 1,771
and the F.I.C.A. rate...... $...... $...... 1,772
12. For self-employed 1,773
individuals, deduct
ordinary and necessary
business expenses.......... $...... $...... 1,775
13. Total gross income 1,776
adjustments (add lines
7-12)...................... $...... $...... 1,777
14. Adjusted annual gross income 1,778
(subtract line 13 from line
6)......................... $...... $...... 1,780
15. Combined annual income that 1,781
is basis for child support
order (add line 14, Col. I 1,782
and Col. II)......................... $......
16. Percentage parent's income 1,783
to total income
a. Father (divide line 14, Col. 1,784
I by line 15, Col. III) .........% 1,785
b. Mother (divide line 14, Col. 1,786
II by line 15, Col. III) .......... + .......% = 100% 1,787
17. Basic combined child support 1,788
obligation (Refer to basic
child support schedule in 1,789
division (D) of section
3113.215 of the Revised
44
Code; in the first column 1,790
of the schedule, locate the
sum that is nearest to the
combined annual income 1,791
listed in line 15, Col. III
of this worksheet, then
refer to the column of the 1,792
schedule that corresponds
to the number of children
in this family. If the 1,793
income of the parents is
more than one sum, and less
than another sum, in the 1,794
first column of the
schedule, you may calculate
the basic combined child 1,795
support obligation based
upon the obligation for
those two sums.)........... $...... 1,797
18. Annual child care expenses 1,798
for the children who are
the subject of this order 1,799
that are work, employment
training, or education 1,800
related, as approved by the
court or agency (deduct the
tax credit from annual 1,801
cost, whether or not
claimed)................... $...... $...... 1,802
19. Marginal, out-of-pocket 1,803
costs, necessary to provide
for health insurance for 1,804
the children who are the
subject of this order...... $...... $...... 1,805
45
20. Total child care and medical 1,806
expenses (add lines 18 and
19, Column I and Column II). $...... $...... 1,808
21. Combined annual child 1,809
support obligation for this
family (add lines 17 and 1,810
20, Column I and Column II). ....... $...... 1,811
22. Annual support 1,812
obligation/parent
a. Father (multiply line 21, 1,813
Col. III, by line 16a)..... $...... 1,814
b. Mother (multiply line 21, 1,815
Col. III, by line 16b)..... $...... 1,816
23. Adjustment for actual 1,817
expenses paid for annual
child care expenses and 1,818
marginal, out-of-pocket
costs, necessary to provide
for health insurance (enter 1,819
number from line 18 or 19
if applicable)............. $...... $...... 1,820
24. Actual annual obligation 1,821
(subtract line 23 from line
22a or 22b)................ $...... $...... 1,823
25. Gross household income per 1,824
party after exchange of
child support (add lines 14 1,826
and 24 Column I or II for
residential parent or, in 1,827
the case of shared 1,828
parenting order, the parent
to whom child support will
be paid; subtract line 24 1,829
Column I or II from line 14
46
for parent who is not the
residential parent or, in 1,830
the case of shared
parenting order, the parent
who will pay child support). $...... $...... 1,832
26. Comments, rebuttal, or 1,833
adjustments to correct
figures in lines 24, Column 1,834
I and 24, Column II if they
would be unjust or
inappropriate and would not 1,835
be in best interest of the
child or children (specific
facts to support
adjustments must be 1,836
included).................. $...... $...... 1,837
................................................................. 1,839
................................................................. 1,840
................................................................. 1,841
(Addendum sheet may be attached) 1,842
27. Final figure (this amount 1,844
reflects final annual child
support obligation)........ $...... father/mother 1,846
obligor
28. For decree: child support 1,849
per child per week or per
month (divide obligor's 1,850
annual share, line 27, by
12 or 52 and by number of
children).................. $...... 1,852
29. For deduction order: child 1,853
support per pay period
(calculate support per pay 1,854
period from figure on line
47
28) plus appropriate
processing charge. $...... 1,856
Calculations have been reviewed. 1,859
Signatures .............................. 1,861
Father 1,862
I do/do not consent. 1,863
Sworn to before me and subscribed in my presence, this 1,865
..... day of .........., 19... 1,866
.............................. 1,868
Notary Public 1,869
.............................. 1,870
Mother 1,871
I do/do not consent. 1,872
Sworn to before me and subscribed in my presence, this 1,875
..... day of .........., 19... 1,876
.............................. 1,877
Notary Public 1,878
.............................. .............................. 1,879
Attorney for Father Attorney for Mother" 1,881
(F) When a court or child support enforcement agency 1,884
calculates the amount of child support that will be required to 1,885
be paid pursuant to a child support order in a proceeding in 1,886
which both parents have split parental rights and 1,887
responsibilities with respect to the children who are the subject 1,888
of the child support order, the court or child support 1,889
enforcement agency shall use a worksheet that is identical in 1,890
content and form to the following worksheet: 1,891
"Worksheet 1,892
............... County Domestic Relations Court (or) 1,893
............... County Child Support Enforcement Agency 1,894
Child Support Computation 1,895
Split Parental Rights and Responsibilities 1,896
Name of parties ............................. 1,898
Case No. .......... 1,900
48
Number of minor children ...... The following parent was 1,902
designated residential parent and legal custodian: 1,903
............ mother; ............ father. 1,905
Father has ..... pay periods annually; mother has ..... pay 1,907
periods annually.
Column I Column II Column III 1,909
Father Mother Combined
1a. Annual gross income from 1,912
employment or, when
determined to be
appropriate by the court or 1,913
agency, average annual
gross income from
employment over a 1,914
reasonable period of years
(exclude overtime and
bonuses)................... $...... $...... 1,916
b. Amount of overtime and 1,917
bonuses Father Mother 1,918
Yr. 3 1,919
(Three years ago) $...... $...... 1,920
Yr. 2 1,921
(Two years ago) $...... $...... 1,922
Yr. 1 1,923
(Last calendar year) $...... $...... 1,924
Average: $...... $...... 1,925
(Include in Column I and/or 1,926
Column II the average of
the three years or the year 1,927
1 amount, whichever is
less, if there exists a
reasonable expectation that 1,928
the total earnings from
overtime and/or bonuses 1,929
49
during the current calendar
year will meet or exceed
the amount that is the 1,930
lower of the average of the
three years or the year 1
amount. If, however, there 1,931
exists a reasonable 1,932
expectation that the total
earnings from
overtime/bonuses during the 1,933
current calendar year will
be less than the lower of
the average of the three 1,934
years or the year 1 amount,
include only the amount
reasonably expected to be 1,936
earned this year.)......... $...... $....... 1,937
2. Annual income from interest 1,938
and dividends (whether or
not taxable)............... $...... $...... 1,940
3. Annual income from 1,941
unemployment compensation.. $...... $...... 1,942
4. Annual income from workers' 1,943
compensation or disability
insurance benefits......... $...... $...... 1,945
5. Other annual income 1,946
(identify)................. $...... $...... 1,947
6. Total annual gross income 1,948
(add lines 1-5)............ $...... $...... 1,949
7. Annual court-ordered support 1,950
paid for other children.... $...... $...... 1,951
8. Adjustment for minor 1,952
children born to either
parent and another parent, 1,953
50
which children are living
with this parent (number of
children times federal 1,954
income tax exemption less
child support received for
the year, not to exceed the 1,955
federal tax exemption)..... $...... $...... 1,956
9. Annual court-ordered spousal 1,957
support paid to a former
spouse..................... $...... $...... 1,959
10. Amount of local income taxes 1,960
actually paid or estimated
to be paid................. $...... $...... 1,962
11. For self-employed 1,963
individuals, deduct 5.6% of
adjusted gross income or 1,964
the actual marginal
difference between the
actual rate paid by the
self-employed individual 1,965
and the F.I.C.A. rate...... $...... $...... 1,966
12. For self-employed 1,967
individuals, deduct
ordinary and necessary
business expenses.......... $...... $...... 1,969
13. Total gross income 1,970
adjustments (add lines
7-12)...................... $...... $...... 1,971
14. Adjusted annual gross income 1,972
(subtract line 13 from line
6)......................... $...... $...... 1,974
15. Combined annual income that 1,975
is basis for child support
order (add line 14, Col. I 1,976
51
and Col. II)............... $..... 1,977
16. Percentage parent's income 1,978
to total income
a. Father (divide line 14, Col. 1,979
I by line 15, Col. III) .........% 1,980
b. Mother (divide line 14, Col. 1,981
II by line 15, Col. III)... + .......% = 100% 1,982
17. Basic combined child support 1,983
obligation/household
a. For children for whom the 1,984
father is the residential
parent and legal custodian 1,985
(Refer to basic child
support schedule in
division (D) of section 1,986
3113.215 of the Revised
Code; in the first column
of the schedule, locate the 1,987
sum that is nearest to the
combined annual income
listed in line 15, Col. III 1,988
of this worksheet, then
refer to the column of the
schedule that corresponds 1,989
to the number of children
for whom the father is the
residential parent and 1,990
legal custodian. If the
income of the parents is
more than one sum, and less 1,991
than another sum, in the
first column of the
schedule, you may calculate 1,992
the basic combined child
52
support obligation based
upon the obligation for 1,993
those two sums.)........... $...... 1,994
b. For children for whom the 1,995
mother is the residential
parent and the legal 1,996
custodian. (Refer to basic
child support schedule in
division (D) of section 1,997
3113.215 of the Revised
Code; in the first column 1,998
of the schedule, locate the
sum that is nearest to the
combined annual income 1,999
listed in line 15, Col. III
of this worksheet, then
refer to the column of the 2,000
schedule that corresponds
to the number of children
for whom the mother is the 2,001
residential parent and the 2,002
legal custodian. If the
income of the parents is
more than one sum, and less 2,003
than another sum, in the
first column of the
schedule, you may calculate 2,004
the basic combined child
support obligation based
upon the obligation for 2,005
those two sums.)........... $...... 2,006
18. Annual child care expenses 2,007
for the children who are
the subject of this order 2,008
53
that are work, employment
training, or education 2,009
related, as approved by the
court or agency (deduct the
tax credit from annual 2,010
cost, whether or not
claimed)
a. Expenses paid by the father. $...... 2,012
b. Expenses paid by the mother. $...... 2,014
19. Marginal, out-of-pocket 2,015
costs, necessary to provide
for health insurance for 2,016
the children who are the
subject of this order
a. Costs paid by the father.... $...... 2,018
b. Costs paid by the mother.... $...... 2,020
20. Total annual child care and 2,021
medical expenses
a. Of father (add lines 18a and 2,022
19a)....................... $...... 2,023
b. Of mother (add lines 18b and 2,024
19b)....................... $...... 2,025
21. Total annual child support 2,026
obligation
a. Of father for child(ren) for 2,027
whom the mother is the
residential parent and 2,028
legal custodian (add lines
20a and 17b and multiply by
line 16a).................. $...... 2,030
b. Of mother for child(ren) for 2,031
whom the father is the
residential parent and 2,032
legal custodian (add lines
54
20b and 17a and multiply by 2,033
line 16b).................. $...... 2,034
22. Adjustment for actual 2,035
expenses paid for annual
child care expenses, and 2,036
marginal, out-of-pocket
costs, necessary to provide
for health insurance
a. For father (enter number 2,037
from line 20a)............. $...... 2,038
b. For mother (enter number 2,039
from line 20b)............. $...... 2,040
23. Actual annual obligation 2,041
(subtract line 22a from
line 21a and insert in 2,042
Column I; subtract line 22b
from line 21b and insert in
Column II)................. $...... $...... 2,044
24. Net annual support 2,045
obligation (greater amount
on line 23 Column I or line 2,046
23 Column II minus lesser
amount on line 23 Column I
or line 23 Column II)...... $...... $...... 2,048
25. Gross household income per 2,049
party after exchange of
child support.............. $...... $...... 2,051
(add line 14 and line 24 2,052
for the parent receiving a
child support payment; 2,053
subtract line 24 from line
14 for the parent making a
child support payment) 2,054
55
26. Comments, rebuttal, or 2,055
adjustments to correct
figures in lines 24, Column 2,056
I and 24, Column II if they
would be unjust or
inappropriate and would not 2,057
be in best interest of the
children (specific facts to
support adjustments must be 2,058
included).................. $...... $...... 2,059
................................................................. 2,061
................................................................. 2,062
................................................................. 2,063
(Addendum sheet may be attached) 2,064
27. Final figure (this amount 2,066
reflects final annual child
support obligation)........ $...... father/mother 2,068
obligor
28. For decree: child support 2,071
per child per week or per
month (divide obligor's 2,072
annual share, line 27, by
12 or 52 and by the number
of children)............... $...... 2,074
29. For deduction order: child 2,075
support per day (calculate
support per pay period from 2,076
figure on line 28) and add
appropriate processing 2,077
charge. $...... 2,078
Calculations have been reviewed. 2,081
Signatures .............................. 2,083
Father 2,084
I do/do not consent. 2,085
56
Sworn to before me and subscribed in my presence, this 2,088
..... day of .........., 19... 2,089
.............................. 2,091
Notary Public 2,092
.............................. 2,093
Mother 2,094
I do/do not consent. 2,095
Sworn to before me and subscribed in my presence, this 2,098
..... day of .........., 19... 2,099
.............................. 2,101
Notary Public 2,102
.............................. .............................. 2,103
Attorney for Father Attorney for Mother" 2,104
(G) At least once every four years, the department of 2,107
human services shall review the basic child support schedule set 2,108
forth in division (D) of this section to determine whether 2,109
support orders issued in accordance with the schedule and the 2,110
applicable worksheet in division (E) of this section, through 2,111
line 24, or in division (F) of this section, through line 23, 2,112
adequately provide for the needs of the children who are subject 2,113
to the support orders, prepare a report of its review, and submit 2,114
a copy of the report to both houses of the general assembly. For 2,115
each review, the department shall establish a child support 2,116
guideline advisory council to assist the department in the 2,118
completion of its reviews and reports. Each council shall be 2,120
composed of obligors, obligees, judges of courts of common pleas
who have jurisdiction over domestic relations cases, attorneys 2,121
whose practice includes a significant number of domestic 2,122
relations cases, representatives of child support enforcement 2,123
agencies, other persons interested in the welfare of children, 2,124
three members of the senate appointed by the president of the 2,125
senate, no more than two of whom are members of the same party, 2,126
and three members of the house of representatives appointed by 2,127
the speaker of the house, no more than two of whom are members of 2,128
57
the same party. The department shall consider input from the 2,129
council prior to the completion of any report under this section. 2,131
The advisory council shall cease to exist at the time that it 2,132
submits its report to the general assembly. Any expenses 2,133
incurred by an advisory council shall be paid by the department. 2,134
On or before March 1, 1993, the department shall submit its 2,136
initial report under this division to both houses of the general 2,137
assembly. On or before the first day of March of every fourth 2,138
year after 1993, the department shall submit a report under this 2,139
division to both houses of the general assembly. 2,140
Sec. 3501.31. The board of elections shall mail to each 2,149
precinct election official notice of the date, hours, and place 2,150
of holding each election in the official's respective precinct at 2,152
which it desires the official to serve. Each of such officials 2,153
shall notify the board immediately upon receipt of such notice of 2,155
any inability to serve.
The election official designated as presiding judge under 2,159
section 3501.22 of the Revised Code shall call at the office of 2,160
the board at such time before the day of the election, not 2,161
earlier than the tenth day before the day of the election, as the 2,162
board designates to obtain the ballots, pollbooks, registration 2,163
forms and lists, and other material to be used in the official's 2,164
polling place on election day.
The board may also provide for the delivery of such 2,166
materials to polling places in a municipal corporation by members 2,167
of the police department of such municipal corporation; or the 2,168
board may provide for the delivery of such materials to the 2,169
presiding judge not earlier than the tenth day before the 2,170
election, in any manner it finds to be advisable. 2,171
On election day the precinct election officials shall 2,173
punctually attend the polling place one-half hour before the time 2,174
fixed for opening the polls. Each of the precinct election 2,175
officials shall thereupon make and subscribe to a statement which 2,176
shall be as follows: 2,177
58
"State of Ohio 2,179
County of ............... 2,181
I do solemnly swear under the penalty of perjury that I 2,183
will support the constitution of the United States of America and 2,184
the constitution of the state of Ohio and its laws; that I have 2,185
not been convicted of a felony or any violation of the election 2,186
laws; that I will discharge to the best of my ability the duties 2,187
of .................... (judge or clerk) .................... of 2,188
election in and for precinct .................... in the 2,189
.................... (township) or (ward and city or village) 2,190
.................... in the county of ...................., in 2,191
the election to be held on the .......... day of ..............., 2,192
19....., as required by law and the rules and instructions of the 2,193
board of elections of said county; and that I will endeavor to 2,194
prevent fraud in such election, and will report immediately to 2,195
said board any violations of the election laws which come to my 2,196
attention, and will not disclose any information as to how any 2,197
elector voted which is gained by me in the discharge of my 2,198
official duties. 2,199
.............................. .............................. 2,201
.............................. .............................. 2,202
.............................. .............................. 2,203
.............................. .............................. 2,204
.............................. .............................. 2,205
.............................. .............................. 2,206
(Signatures of precinct election officials)" 2,208
If any of the other precinct officials is absent at that 2,210
time, the presiding judge, with the concurrence of a majority of 2,211
the precinct election officials present, shall appoint a 2,212
qualified elector who is a member of the same political party as 2,213
the political party of which such absent precinct election 2,214
official is a member to fill the vacancy until the board appoints 2,215
a person to fill such vacancy and the person so appointed reports 2,216
for duty at the polling place. The presiding judge shall 2,217
59
promptly notify the board of such vacancy by telephone or 2,218
otherwise. The presiding judge also shall assign the precinct 2,220
election officials to their respective duties and shall have 2,221
general charge of the polling place. 2,222
Sec. 3509.04. Upon receipt by the director of elections of 2,231
an application for absent voter's ballots, as provided by 2,232
sections 3509.03 and 3509.031, and division (G) of section 2,233
3503.16, of the Revised Code, the director, if the director finds 2,235
that the applicant is a qualified elector and is entitled to vote 2,236
absent voter's ballots as applied for in the application, shall 2,237
deliver to the applicant in person or mail directly to the 2,238
applicant by special delivery mail, air mail, or regular mail, 2,239
postage prepaid, proper absent voter's ballots. The director 2,240
shall give proper absent voter's ballots to any qualified elector 2,241
who presents himself SELF to vote at the office of the board of 2,243
elections or at another location designated by the board as 2,244
provided in division (B) or (C) of section 3503.16 of the Revised 2,245
Code. The director shall give, deliver, or mail with the ballots
an unsealed identification envelope upon the face of which shall 2,246
be printed a form substantially as follows: 2,247
"Identification Envelope Statement of Voter 2,250
I, the undersigned voter, declare under penalty of election 2,252
falsification that the within ballot or ballots contained no 2,253
voting marks of any kind when I received them, and I caused the 2,254
ballot or ballots to be marked, enclosed in the identification 2,255
envelope, and sealed in said envelope. 2,256
My voting residence in Ohio is 2,258
................................................................. 2,259
(Street and Number, if any, or Rural Route and Number) 2,261
of ................................ (City, Village, or Township) 2,263
Ohio, which is in Ward ............... Precinct ................ 2,264
in said city, village, or township. 2,265
.....I am a qualified elector of the state of Ohio. (Applicant 2,267
must check the true statement concerning his THE APPLICANT'S 2,268
60
reason for voting by absent voter's ballots) 2,269
.....I shall be absent from the county on the day of the 2,271
election.
.....I shall be outside the United States on the day of the 2,273
election. (Applicants who check this statement must also 2,274
check the appropriate box on the enclosed return envelope to 2,275
indicate that they will be outside the United States.) 2,276
.....I shall be absent from my polling place on the day of the 2,279
election due to my entry or the entry of a member of my
family into a hospital for medical or surgical treatment. 2,281
.....I shall be absent from my polling place on the day of the 2,284
election due to physical illness, disability, or infirmity. 2,285
.....My employment as a full-time fire fighter, peace officer, or 2,287
provider of emergency medical services may prevent me from 2,288
voting at my polling place on the day of the election. 2,289
.....I shall be absent from my polling place on the day of the 2,291
election because I am on active duty with the organized 2,292
militia in the state of Ohio. 2,293
.....I shall be unable to vote on election day because of 2,295
observance of my religious belief. 2,296
.....I am the secretary of state. 2,298
.....I am an employee of the secretary of state. 2,300
.....I am a member of the board of elections. 2,303
.....I am an employee of or person temporarily hired by the board 2,306
of elections.
.....I am a polling place official. 2,308
.....I shall be absent from my polling place on the day of the 2,311
election due to my confinement in a jail or workhouse under 2,312
sentence for a misdemeanor or awaiting trial on a felony or 2,313
misdemeanor.
.....I am sixty-two years of age or older. 2,315
.....I moved from one precinct to another in the same county or 2,318
from one county to another on or prior to the day of an 2,319
election and did not file a notice of change of residence. 2,320
61
.....I changed my name on or prior to the day of an election and 2,323
did not file a notice of change of name. 2,324
The primary election ballots, if any, within this envelope 2,326
are primary election ballots of the ............. Party. 2,327
Ballots contained herein are to be voted at the .......... 2,329
(general, special, or primary) election to be held on the 2,330
.......................... day of ......................, 19.... 2,331
I hereby declare, under penalty of election falsification, 2,333
that the statements above are true, as I verily believe. 2,334
.............................. 2,336
(Signature of Voter) 2,337
THE PENALTY FOR ELECTION FALSIFICATION IS IMPRISONMENT FOR NOT 2,340
MORE THAN SIX MONTHS, OR A FINE OF NOT MORE THAN ONE THOUSAND
DOLLARS, OR BOTH." 2,341
The director shall mail with the ballots and the unsealed 2,343
identification envelope that the director mails an unsealed 2,344
return envelope upon the face of which shall be printed the 2,346
official title and post-office address of such director. In the 2,347
upper left corner on the face of such envelope, several blank 2,348
lines shall be printed upon which the voter may write the voter's 2,349
name and return address, and beneath these lines there shall be 2,351
printed a box beside the words "check if out-of-country." The 2,352
voter shall check this box if the voter will be outside the 2,353
United States on the day of the election. The return envelope 2,354
shall be of such size that the identification envelope can be 2,355
conveniently placed within it for returning such identification 2,356
envelope to the director.
Sec. 3513.07. The form of declaration of candidacy and 2,365
petition of a person desiring to be a candidate for a party 2,366
nomination or a candidate for election to an office or position 2,367
to be voted for at a primary election shall be substantially as 2,368
follows: 2,369
"DECLARATION OF CANDIDACY PARTY PRIMARY ELECTION 2,372
I, ........................... (Name of Candidate), the 2,374
62
undersigned, hereby declare under penalty of election 2,375
falsification that my voting residence is in ............... 2,376
precinct of the .............................. (Township) or 2,377
(Ward and City or Village) in the county of ................ , 2,378
Ohio; that my voting residence is ............... (Street and 2,380
Number, if any, or Rural Route and Number) of the 2,381
....................... .............. (City or Village) of 2,382
................., Ohio: that I am a qualified elector in the 2,384
precinct in which my voting residence is located. I am a member 2,385
of the ........ Party. I hereby declare that I desire to be 2,386
.................... (a candidate for nomination as a candidate 2,387
of the ........... Party for election to the office of 2,388
.............) (a candidate for election to the office or
position of ..............) for the ............ in the state, 2,389
district, (Full term or unexpired term ending ...............) 2,390
county, city, or village of ......... .........., at the primary 2,391
election to be held on the ............. day of ........., 19.., 2,392
and I hereby request that my name be printed upon the official 2,393
primary election ballot of the said .......... Party as a 2,394
candidate for ......... (such nomination) or (such election) as 2,395
provided by law. 2,396
I further declare that, if elected to said office or 2,398
position, I will qualify therefor, and that I will support and 2,399
abide by the principles enunciated by the ............ Party. 2,400
Dated this .......... day of ................., 19..... 2,402
.............................. 2,404
(Signature of candidate) 2,405
THE PENALTY FOR ELECTION FALSIFICATION IS IMPRISONMENT FOR 2,408
NOT MORE THAN SIX MONTHS, OR A FINE OF NOT MORE THAN ONE THOUSAND 2,409
DOLLARS, OR BOTH. 2,410
PETITION OF CANDIDATE 2,412
We, the undersigned, qualified electors of the state of 2,414
Ohio, whose voting residence is in the county, city, village, 2,415
ward, township, or school district, and precinct set opposite our 2,416
63
names, and members of the ....................................... 2,417
Party, hereby certify that ............................ (Name of 2,418
candidate) whose declaration of candidacy is filed herewith, is a 2,420
member of the ............ Party, and is, in our opinion, well
qualified to perform the duties of the office or position to 2,421
which that candidate desires to be elected. 2,422
2,423
Street City, 2,425
and Village or 2,426
Signature Number Township Ward Precinct County Date 2,428
(Must use address on file with the board of elections) 2,430
2,431
................................................................. 2,432
................................................................. 2,433
................................................................. 2,434
....................................... (Name of circulator 2,436
of petition), declares under penalty of election falsification 2,437
that the circulator of the petition is a qualified elector of the 2,438
state of Ohio and resides at the address appearing below the 2,440
signature of that circulator; that the circulator is a member of 2,442
the ........... Party; that the circulator is the circulator of 2,444
the foregoing petition paper containing ............. (Number) 2,445
signatures; that the circulator witnessed the affixing of every 2,446
signature, that all signers were to the best of the circulator's 2,448
knowledge and belief qualified to sign, and that every signature 2,450
is to the best of the circulator's knowledge and belief the 2,452
signature of the person whose signature it purports to be. 2,453
.............................. 2,454
(Signature of circulator) 2,456
.............................. 2,457
(Address of circulator) 2,459
THE PENALTY FOR ELECTION FALSIFICATION IS IMPRISONMENT FOR 2,462
NOT MORE THAN SIX MONTHS, OR A FINE OF NOT MORE THAN ONE THOUSAND 2,463
DOLLARS, OR BOTH." 2,464
64
The secretary of state shall prescribe a form of 2,466
declaration of candidacy and petition, and the form shall be 2,468
substantially similar to the declaration of candidacy and 2,469
petition set forth in this section, that will be suitable for 2,470
joint candidates for the offices of governor and lieutenant 2,471
governor. 2,472
The petition provided for in this section shall be 2,474
circulated only by a member of the same political party as the 2,475
candidate. 2,476
Sec. 3513.261. A nominating petition may consist of one or 2,485
more separate petition papers, each of which shall be 2,486
substantially in the form prescribed in this section. If the 2,487
petition consists of more than one separate petition paper, the 2,488
statement of candidacy of the candidate or joint candidates named 2,489
need be signed by the candidate or joint candidates on only one 2,490
of such separate petition papers, but the statement of candidacy 2,491
so signed shall be copied on each other separate petition paper 2,492
before the signatures of electors are placed thereon. Each 2,493
nominating petition containing signatures of electors of more 2,494
than one county shall consist of separate petition papers each of 2,495
which shall contain signatures of electors of only one county; 2,496
provided that petitions containing signatures of electors of more 2,497
than one county shall not thereby be declared invalid. In case 2,498
petitions containing signatures of electors of more than one 2,499
county are filed, the board of elections shall determine the 2,500
county from which the majority of the signatures came, and only 2,501
signatures from this county shall be counted. Signatures from 2,502
any other county shall be invalid. 2,503
All signatures on nominating petitions shall be written in 2,505
ink or indelible pencil. 2,506
At the time of filing a nominating petition, the candidate 2,508
designated in the nominating petition, and joint candidates for 2,510
governor and lieutenant governor, shall pay to the election 2,511
officials with whom it is filed the fees specified for the office 2,512
65
under divisions (A) and (B) of section 3513.10 of the Revised 2,514
Code. The fees shall be disposed of by those election officials 2,515
in the manner that is provided in section 3513.10 of the Revised 2,517
Code for the disposition of other fees, and in no case shall a 2,518
fee required under that section be returned to a candidate. 2,520
Candidates or joint candidates whose names are written on 2,522
the ballot, and who are elected, shall pay the same fees under 2,523
section 3513.10 of the Revised Code that candidates who file 2,525
nominating petitions pay. Payment of these fees shall be a 2,528
condition precedent to the granting of their certificates of 2,529
election.
Each nominating petition shall contain a statement of 2,531
candidacy which shall be signed by the candidate or joint 2,532
candidates named therein. Such statement of candidacy shall 2,533
contain a declaration made under penalty of election 2,534
falsification that the candidate desires to be a candidate for 2,535
the office named therein, and that the candidate is an elector 2,536
qualified to vote for the office the candidate seeks. 2,538
The form of the nominating petition and statement of 2,540
candidacy shall be substantially as follows: 2,541
"STATEMENT OF CANDIDACY 2,543
I, ................................... (Name of candidate), 2,545
the undersigned, hereby declare under penalty of election 2,546
falsification that my voting residence is in ................ 2,547
.......... Precinct of the ......................... (Township) 2,548
or (Ward and City, or Village) in the county of..............., 2,549
Ohio; that my post-office address is............................ 2,550
(Street and Number, if any, or Rural Route and Number) of the 2,551
............................... (City, Village, or post office) 2,552
of ...................., Ohio; AND that I am a qualified elector 2,553
in the precinct in which my voting residence is located. I 2,554
hereby declare that I desire to be a candidate for election to 2,555
the office of .............. in the........................ 2,556
(State, District, County, City, Village, Township, or School 2,557
66
District) for the ...................................... (Full 2,558
term or unexpired term ending ................) at the General 2,559
Election to be held on the ........... day of ............... 2,560
19,....
I further declare that I am an elector qualified to vote 2,562
for the office I seek. Dated this ....... day of .............., 2,563
19.... 2,564
.............................. 2,565
(Signature of candidate) 2,567
THE PENALTY FOR ELECTION FALSIFICATION IS IMPRISONMENT FOR 2,570
NOT MORE THAN SIX MONTHS, OR A FINE OF NOT MORE THAN ONE THOUSAND 2,571
DOLLARS. 2,572
I, ................................., hereby constitute the 2,574
persons named below a committee to represent me: 2,575
Name Residence 2,577
................................................................ 2,579
................................................................ 2,581
................................................................ 2,583
................................................................ 2,585
................................................................ 2,587
NOMINATING PETITION 2,589
We, the undersigned, qualified electors of the state of 2,590
Ohio, whose voting residence is in the County, City, Village, 2,591
Ward, Township or Precinct set opposite our names, hereby 2,593
nominate .................... as a candidate for election to the 2,594
office of ........................... in the
............................ (State, District, County, City, 2,595
Village, Township, or School District) for the ................. 2,596
(Full term or unexpired term ending ...................) to be 2,597
voted for at the general election next hereafter to be held, and 2,599
certify that this person is, in our opinion, well qualified to
perform the duties of the office or position to which the person 2,600
desires to be elected. 2,602
_________________________________________________________________ 2,604
67
Street City, 2,606
Signature Address Village or Ward Precinct County Date of 2,608
or R.F.D. Township Signing 2,610
(Must 2,612
use 2,614
address 2,616
on file 2,618
with the 2,620
board of 2,622
elections) 2,624
_________________________________________________________________ 2,626
................................................................. 2,628
................................................................. 2,630
................................................................. 2,632
..........................., declares under penalty of election 2,634
falsification that he or she SUCH PERSON is a qualified elector 2,635
of the state of Ohio and resides at the address appearing below 2,637
his or her SUCH PERSON'S signature hereto; that he or she SUCH 2,639
PERSON is the circulator of the foregoing petition paper 2,640
containing ................ signatures; that he or she SUCH 2,641
PERSON witnessed the affixing of every signature; that all 2,643
signers were to the best of his or her SUCH PERSON'S knowledge 2,644
and belief qualified to sign; and that every signature is to the 2,646
best of his or her SUCH PERSON'S knowledge and belief the 2,647
signature of the person whose signature it purports to be. 2,648
.............................. 2,650
(Signature of circulator) 2,651
.............................. 2,652
(Address) 2,653
THE PENALTY FOR ELECTION FALSIFICATION IS IMPRISONMENT FOR 2,655
NOT MORE THAN SIX MONTHS, OR A FINE OF NOT MORE THAN ONE THOUSAND 2,656
DOLLARS, OR BOTH." 2,657
The secretary of state shall prescribe a form of nominating 2,659
petition for a group of candidates for the office of member of a 2,660
68
board of education, township office, and for offices of municipal 2,661
corporations of under two thousand population. 2,662
The secretary of state shall prescribe a form of statement 2,664
of candidacy and nominating petition, which shall be 2,665
substantially similar to the form of statement of candidacy and 2,666
nominating petition set forth in this section, that will be 2,667
suitable for joint candidates for the offices of governor and 2,668
lieutenant governor. 2,669
If such petition nominates a candidate whose election is to 2,671
be determined by the electors of a county or a district or 2,672
subdivision within the county, it shall be filed with the board 2,673
of such county. If the petition nominates a candidate whose 2,674
election is to be determined by the voters of a subdivision 2,675
located in more than one county, it shall be filed with the board 2,676
of the county in which the major portion of the population of 2,677
such subdivision is located. 2,678
If the petition nominates a candidate whose election is to 2,680
be determined by the electors of a district comprised of more 2,681
than one county but less than all of the counties of the state, 2,682
it shall be filed with the board of elections of the most 2,683
populous county in such district. If the petition nominates a 2,684
candidate whose election is to be determined by the electors of 2,685
the state at large, it shall be filed with the secretary of 2,686
state. 2,687
Sec. 3769.04. Any person, association, corporation, or 2,697
trust desiring to hold or conduct a horse-racing meeting, wherein 2,698
the pari-mutuel system of wagering is allowed, shall make 2,699
application to the state racing commission for a permit to do so. 2,700
Each application, accompanied by a permit fee of ten dollars and 2,702
a cash bond, certified check, or bank draft, shall be filed with 2,703
the commission at least five days prior to the first day of each 2,704
horse-racing meeting that the person, association, corporation, 2,705
or trust proposes to hold or conduct. The application, if made 2,706
by an individual, shall be signed and verified under oath by the 2,707
69
individual and, if made by individuals or a partnership, shall be 2,708
signed and verified under oath by one of the individuals or a 2,709
member of the partnership. If made by an association, trust, or 2,710
corporation, the application shall be signed by the ITS president 2,711
or vice-president thereof and attested by the secretary or 2,713
assistant secretary under the seal of the association, trust, or 2,714
corporation, if it has a seal, and shall also be verified under 2,715
oath by one of the officers signing the application. The 2,716
commission shall prescribe forms to be used in making the 2,717
application. The application shall specify the name of the 2,718
person, association, trust, or corporation making such 2,719
application, the post-office address of the applicant (if a 2,720
corporation, the name of the state of its incorporation), the 2,721
dates on which the applicant intends to conduct or hold such 2,722
horse-racing meeting, which dates shall be successive days, 2,723
including Sundays unless otherwise requested by the applicant and 2,724
authorized by the commission, the hours of each racing day during 2,725
which the applicant intends to hold or conduct horse racing at 2,726
such meeting, which shall be during the hours specified pursuant 2,727
to section 3769.07 of the Revised Code, and the location of the 2,728
place, track, or enclosure where it is proposed to hold or 2,729
conduct such horse-racing meeting, and such further information 2,730
as the commission prescribes.
If the application requests a permit for a horse-racing 2,732
meet at a location at which such a meet has not previously been 2,733
conducted by permission of the commission, then, in addition to 2,734
the other requirements for said THE application, there shall 2,735
accompany the application a petition signed by at least fifty-one 2,736
per cent of the qualified electors voting for governor at the 2,737
most recent general election in the townships in which the racing 2,739
meet is proposed to be conducted, together with a certificate of 2,740
the board of elections of the counties in which such townships 2,741
are situated that the signatures on the petition are valid and 2,742
comply with this section. No petition or certificate shall be 2,743
70
required for a transfer made under section 3769.13 of the Revised 2,744
Code if the transfer is to a county in which racing has 2,745
previously been conducted pursuant to a permit issued under 2,746
section 3769.06 of the Revised Code.
Such petition shall be in the following form: 2,748
"We, the undersigned, electors of ............ township, 2,750
............ county, Ohio request the granting of the application 2,751
of ............ for a horse-racing meet to be conducted in whole 2,752
or in part in ............ township, ............ county, Ohio in 2,753
the year 19......" 2,754
Name Address Voting Precinct Township 2,756
................................................................" 2,757
Such petition shall be sworn to in the manner provided in 2,759
section 3513.27 of the Revised Code. This section does not apply 2,760
to small horse-racing meets or horse shows which are not required 2,761
to secure permits under section 3769.01 of the Revised Code, nor 2,762
shall this section, other than the first paragraph, apply to 2,763
county fair horse-racing meets. 2,764
Sec. 4561.25. (A) Every person who, in the ordinary 2,773
course of his business, rents an aircraft to another person, 2,774
shall deliver to such THE renter a written notice stating the 2,775
nature and extent of insurance coverage provided, if any, for the 2,777
renter against loss of or damage to the hull of the aircraft, or 2,778
against liability arising out of the ownership, maintenance, or 2,779
use of the aircraft. Such notice shall contain the name of the 2,780
person giving the notice, and shall be in substantially the 2,781
following form: 2,782
"Notice of insurance coverage 2,783
As a renter of aircraft, you are hereby notified that: 2,785
(1) You (are) (are not) insured under a policy or policies 2,787
of insurance provided by the undersigned and providing liability 2,788
coverage to renters of aircraft. If coverage is provided, it is 2,789
in the following amount or amounts: 2,790
$....................... 2,792
71
(2) Hull insurance in favor of renters of aircraft (is) 2,794
(is not) maintained. If hull insurance is provided, you (are) 2,795
(are not) insured for the full value of the rental aircraft. 2,796
............................... 2,796
(Signature of person or 2,799
officer of company renting
aircraft)
Dated:..........................., 19...... 2,802
(Month) (Day) (Year)" 2,804
(B) The notice delivered pursuant to division (A) of this 2,806
section shall constitute a material part of any rental agreement, 2,807
and each renter shall give written acknowledgment of receipt of 2,808
such THE notice. 2,809
(C) Whoever fails to deliver the notice in accordance with 2,811
division (A) of this section shall be fined not more than one 2,812
thousand dollars. 2,813
Sec. 4703.10. If the applicant passes the examination 2,822
under section 4703.09 of the Revised Code or in lieu of the 2,824
examination meets, in the opinion of the state board of examiners 2,825
of architects, the requirements of section 4703.08 of the Revised 2,826
Code, and in addition has proven himself SELF to be of good moral 2,827
character, he THE APPLICANT is eligible to receive from the state 2,829
board of examiners of architects a certificate of qualification 2,830
to practice architecture. The certificate shall be signed by the 2,831
president and secretary of the board and shall bear the name of 2,832
the successful applicant, his THE SUCCESSFUL APPLICANT'S place of 2,833
business, the serial number of the certificate, the seal of the 2,834
board, and the words, "admitted to practice architecture in the 2,835
state of Ohio, the ..... day of ......., 19 ...." 2,836
If the applicant fails the examination under section 2,838
4703.09 of the Revised Code, the board may refuse to issue a 2,839
certificate of qualification to practice architecture. 2,840
Sec. 5309.15. After the investigation authorized by 2,849
section 5309.14 of the Revised Code, if, in the opinion of the 2,850
72
examiner of titles, the applicant has a good title as alleged, 2,852
and proper for registration, or if the applicant after an adverse 2,853
opinion of the examiner elects to proceed further, the clerk of
the probate court or the clerk of the court of common pleas 2,854
shall, upon the filing of the examiner's report or the 2,855
applicant's election, cause notice of the filing, substance, and 2,856
prayer of the application to be published once a week for three 2,857
consecutive weeks in a newspaper, which may be designated by the
applicant, published and of general circulation in each county 2,858
where any portion of the land lies, or if no newspaper is 2,859
published in any of such counties, then in a newspaper so 2,860
designated, published, and of general circulation in an adjoining 2,861
county. The expense of such publication shall be paid by the 2,862
applicant and taxed as costs in the case. The notice shall be
issued by order of the court, attested by the clerk, and shall be 2,863
in form substantially as follows: 2,864
".................Court of............County, Ohio. 2,866
A. B., 2,868
plaintiff, 2,870
vs. APPLICATION TO REGISTER TITLE TO 2,872
LAND.
C. D. et al, 2,874
defendants 2,876
To (here insert the names, residences, and addresses of all 2,878
the defendants so far as known), and to all persons having any 2,879
interest in or lien or charge upon the lands or any part thereof 2,881
described herein. You are hereby notified that an application 2,882
has been filed in said court by ................. to settle,
determine, and remove all clouds from and register his SUCH 2,883
PERSON'S (or their SUCH PERSONS') title in and to, and to settle, 2,885
determine, and register all lesser or other estates and interests 2,886
in, and all liens and charges upon, the following described land
(insert description). 2,887
You are hereby required to answer said application on or 2,889
73
before the ....... day of ....... A.D., .......... and show 2,890
cause, if any you have, why the prayer of said application should 2,892
not be granted. And unless you appear at said court on or before 2,893
the time aforesaid and make answer or other plea to said 2,894
application, your default will be recorded, the said application
will be taken as confessed, and you will be forever barred from 2,896
contesting said application or any decree entered thereon. 2,897
WITNESS ................... Judge of said Court, this 2,899
........ day of ....... in the year nineteen hundred and, ..... 2,900
Attest:" 2,902
The form of said notice in cases mentioned in section 2,904
5309.66 of the Revised Code may be varied as the facts require. 2,905
Sec. 5721.15. The forms of caption, notice of foreclosure 2,914
and forfeiture, and notice to property owners, lienholders, and 2,915
other interested persons to be utilized in a foreclosure and 2,916
forfeiture proceeding instituted pursuant to section 5721.14 of 2,917
the Revised Code shall be as follows: 2,918
(A) Form of caption: 2,920
"In the .......... court of .........., Ohio, 2,922
in the matter of the 2,924
foreclosure of liens and forfeiture of property 2,926
for delinquent land taxes by action in rem. 2,928
County treasurer of .......... county, Ohio, 2,930
Plaintiff 2,932
vs. 2,934
Parcels of land encumbered with delinquent tax liens, 2,936
defendants" 2,938
(B) Form of notice of foreclosure and forfeiture: 2,940
".......... court .......... county, Ohio 2,942
Notice of foreclosure of liens and forfeiture of property 2,944
for delinquent land taxes, by action in rem by county treasurer 2,945
of .......... county, ohio Ohio 2,946
Public notice is hereby given that on the .......... day of 2,948
.........., 19...., the county treasurer of .......... county, 2,949
74
Ohio, filed a complaint in the .......... court of .........., 2,950
Ohio, at .......... (stating the city), for the foreclosure of 2,951
liens and forfeiture of property for delinquent taxes, 2,952
assessments, charges, penalties, and interest against certain 2,953
real property situated in such county, as described in that 2,954
complaint. 2,955
The object of the action is to obtain from the court a 2,957
judgment foreclosing the tax liens against such real estate, 2,958
forfeiting the property to the state, and ordering the sale of 2,959
such real estate for the satisfaction of the tax liens on it. 2,960
Such action is brought against the real property only and 2,962
no personal judgment shall be entered in it. However, if, 2,963
pursuant to the action, the property is sold for an amount that 2,964
is less than the amount of the delinquent taxes, assessments, 2,965
charges, penalties, and interest against it, the court, in a 2,966
separate order, may enter a deficiency judgment against the owner 2,967
of record of a parcel for the amount of the difference; if that 2,968
owner of record is a corporation, the court may enter the 2,969
deficiency judgment against the stockholder holding a majority of 2,970
that corporation's stock. 2,971
The permanent parcel number of each parcel included in such 2,973
action; the full street address of the parcel, if available; a 2,974
description of the parcel as set forth in the associated 2,975
delinquent vacant land tax certificate or master list of 2,976
delinquent vacant tracts; a statement of the amount of the taxes, 2,977
assessments, charges, penalties, and interest due and unpaid on 2,978
the parcel; the name and address of the last known owner of the 2,979
parcel as they appear on the general tax list; and the names and 2,980
addresses of each lienholder and other person with an interest in 2,981
the parcel identified in a statutorily required title search 2,982
relating to the parcel; all as more fully set forth in the 2,983
complaint, are as follows: 2,984
(Here set forth the respective permanent parcel numbers, 2,986
street addresses, descriptions, names and addresses of owners, 2,987
75
lienholders, and other interested persons, and statements of 2,988
amounts due as taxes, assessments, charges, penalties, and 2,989
interest, together with the respective serial numbers assigned to 2,990
each parcel if the complaint covers more than one parcel. If 2,991
parcels are identified in this notice by permanent parcel number 2,992
only, instead of also with a complete legal description, as 2,993
authorized by division (C) of section 5721.14 of the Revised 2,994
Code, here also set forth where the complete legal description of 2,995
the parcel may be obtained.) 2,996
Any person owning or claiming any right, title, or interest 2,998
in, or lien upon, any parcel of real property above listed may 2,999
file an answer in such action setting forth the nature and amount 3,000
of interest owned or claimed and any defense or objection to the 3,001
foreclosure and forfeiture. Such answer shall be filed in the 3,002
office of the undersigned clerk of the court, and a copy of the 3,003
answer shall be served on the prosecuting attorney, on or before 3,004
the .......... day of .........., 19.... (twenty-eight days after 3,005
the date of final publication of this notice). 3,006
If no answer is filed with respect to a parcel listed in 3,008
the complaint, on or before the date specified as the last day 3,009
for filing an answer, a judgment of foreclosure and forfeiture 3,010
will be taken by default as to that parcel. Any parcel as to 3,011
which a foreclosure and forfeiture is taken by default shall be 3,012
sold for the satisfaction of the taxes, assessments, charges, 3,013
penalties, and interest, and the costs incurred in the 3,014
foreclosure and forfeiture proceeding, which are due and unpaid. 3,015
At any time prior to the filing of an entry of confirmation 3,017
of sale, any owner or lienholder of, or other person with an 3,018
interest in, a parcel listed in the complaint may redeem the 3,019
parcel by tendering to the treasurer the amount of the taxes, 3,020
assessments, charges, penalties, and interest due and unpaid on 3,021
the parcel, together with all costs incurred in the proceeding 3,022
instituted against the parcel under section 5721.14 of the 3,023
Revised Code. Upon the filing of any entry of confirmation of 3,024
76
sale, there shall be no further equity of redemption. After the 3,025
filing of any such entry, any person claiming any right, title, 3,026
or interest in, or lien upon, any parcel shall be forever barred 3,027
and foreclosed of any such right, title, or interest in, lien 3,028
upon, and any equity of redemption in, such parcel. 3,030
......................... 3,031
Clerk of the Court 3,033
................... Court 3,035
..................., Ohio" 3,037
(C) Form of notice to owner, lienholders, and other 3,039
persons with an interest in a parcel: 3,040
"To the person to whom this notice is addressed: 3,042
You are the last known owner, according to the general tax 3,044
list, or a lienholder of, or a person with another interest in, 3,045
the following described parcel: 3,046
(Description as shown in complaint) 3,048
Such parcel has been included in an action instituted by 3,050
the county treasurer, being case No. ........ filed in the 3,051
.......... court, ..........., Ohio, on .........., 19...., 3,052
seeking the foreclosure, forfeiture, and sale of such parcel for 3,053
the nonpayment of delinquent taxes, assessments, charges, 3,054
penalties, and interest (specify which) in the amount of 3,055
$.......... 3,056
Any person owning or claiming any right, title, or interest 3,058
in, or lien upon, such parcel may file an answer in the action 3,059
setting forth the nature and amount of his THE PERSON'S interest 3,060
and any defense or objection to the foreclosure and forfeiture. 3,062
Any such answer shall be filed in the office of the undersigned 3,063
clerk of the court, and a copy of the answer shall be served upon 3,064
the prosecuting attorney, on or before .........., 19.... 3,065
(twenty-eight days after the publication of the associated notice 3,066
of foreclosure and forfeiture in accordance with law). 3,067
If no answer is filed, a judgment of foreclosure and 3,069
forfeiture will be taken by default and such parcel shall be 3,070
77
ordered sold for the satisfaction of the tax lien on it. 3,071
If, pursuant to the action, the property is sold for an 3,073
amount that is less than the amount of the delinquent taxes, 3,074
assessments, charges, penalties, and interest against it, the 3,075
court, in a separate order, may enter a deficiency judgment 3,076
against the owner of record of a parcel for the amount of the 3,077
difference. If that owner of record is a corporation, the court 3,078
may enter the deficiency judgment against the stockholder holding 3,079
a majority of that corporation's stock. 3,080
At any time prior to the filing of any entry of 3,082
confirmation of sale, any owner or lienholder of, or other person 3,083
with an interest in, a parcel may redeem the parcel by tendering 3,084
to the treasurer the full amount of the taxes, assessments, 3,085
charges, penalties, and interest due and unpaid on the parcel, 3,086
together with all costs incurred in the proceeding instituted 3,087
against the parcel under section 5721.14 of the Revised Code. 3,088
Upon the filing of any entry confirming the sale of the parcel, 3,089
there shall be no further equity of redemption. After the filing 3,090
of any such entry, any person claiming any right, title, or 3,091
interest in, or lien upon, the parcel shall be forever barred and 3,092
foreclosed of any such right, title, or interest in, lien upon, 3,093
and any equity of redemption in, the parcel. 3,095
............................ 3,096
Clerk of the Court 3,098
..................... Court 3,100
....................., Ohio" 3,102
Sec. 5721.181. The forms of caption, notice of 3,111
foreclosure, and notice to property owners, lienholders, and 3,112
other interested persons to be utilized in a foreclosure 3,113
proceeding instituted pursuant to division (B) of section 5721.18 3,114
of the Revised Code shall be in substance as follows: 3,115
(A) Form of caption: 3,117
"In the .......... court of .........., Ohio, 3,119
in the matter of the 3,121
78
foreclosure of liens for delinquent land taxes by action 3,123
in rem. 3,125
County treasurer of .......... county, Ohio, 3,127
Plaintiff 3,129
vs. 3,131
Parcels of land encumbered with delinquent tax liens, 3,133
defendants" 3,135
(B) Form of notice of foreclosure: 3,137
".......... court .......... county, Ohio 3,139
Notice of foreclosure of liens for delinquent land taxes, 3,141
by action in rem by county treasurer of .......... county, Ohio 3,142
Public notice is hereby given that on the .......... day of 3,144
.........., 19...., the county treasurer of .......... county, 3,145
Ohio, filed a complaint in the .......... court of .........., 3,146
Ohio, at .......... (stating the city), for the foreclosure of 3,147
liens for delinquent taxes, assessments, charges, penalties, and 3,148
interest against certain real property situated in such county, 3,149
as described in that complaint. 3,150
The object of the action is to obtain from the court a 3,152
judgment foreclosing the tax liens against such real estate and 3,153
ordering the sale of such real estate for the satisfaction of the 3,154
tax liens on it. 3,155
Such action is brought against the real property only and 3,157
no personal judgment shall be entered in it. However, if 3,158
pursuant to the action the property is sold for an amount that is 3,159
less than the amount of the delinquent taxes, assessments, 3,160
charges, penalties, and interest against it, the court, in a 3,161
separate order, may enter a deficiency judgment against the owner 3,162
of record of a parcel for the amount of the difference; if that 3,163
owner of record is a corporation, the court may enter the 3,164
deficiency judgment against the stockholder holding a majority of 3,165
the corporation's stock. 3,166
The permanent parcel number of each parcel included in such 3,168
action; the full street address of the parcel, if available; a 3,169
79
description of the parcel as set forth in the associated 3,170
delinquent land tax certificate or master list of delinquent 3,171
tracts; a statement of the amount of the taxes, assessments, 3,172
charges, penalties, and interest due and unpaid on the parcel; 3,173
the name and address of the last known owner of the parcel as 3,174
they appear on the general tax list; and the names and addresses 3,175
of each lienholder and other person with an interest in the 3,176
parcel identified in a statutorily required title search relating 3,177
to the parcel; all as more fully set forth in the complaint, are 3,178
as follows: 3,179
(Here set forth the respective permanent parcel numbers, 3,181
street addresses, descriptions, names and addresses of owners, 3,182
lienholders, and other interested persons, and statements of 3,183
amounts due as taxes, assessments, charges, penalties, and 3,184
interest, together with the respective serial numbers assigned to 3,185
each parcel if the complaint covers more than one parcel. If 3,186
parcels are identified in this notice by permanent parcel number 3,187
only, instead of also with a complete legal description, as 3,188
authorized by division (B)(1) of section 5721.18 of the Revised 3,189
Code, here also set forth where the complete legal description of 3,190
the parcel may be obtained.) 3,191
Any person owning or claiming any right, title, or interest 3,193
in, or lien upon, any parcel of real property above listed may 3,194
file an answer in such action setting forth the nature and amount 3,195
of interest owned or claimed and any defense or objection to the 3,196
foreclosure. Such answer shall be filed in the office of the 3,197
undersigned clerk of the court, and a copy of the answer shall be 3,198
served on the prosecuting attorney, on or before the .......... 3,199
day of .........., 19.... (twenty-eight days after the date of 3,200
final publication of this notice). 3,201
If no answer is filed with respect to a parcel listed in 3,203
the complaint, on or before the date specified as the last day 3,204
for filing an answer, a judgment of foreclosure will be taken by 3,205
default as to that parcel. Any parcel as to which a foreclosure 3,206
80
is taken by default shall be sold for the satisfaction of the 3,207
taxes, assessments, charges, penalties, and interest, and the 3,208
costs incurred in the foreclosure proceeding, which are due and 3,209
unpaid. 3,210
At any time prior to the filing of an entry of confirmation 3,212
of sale, any owner or lienholder of, or other person with an 3,213
interest in, a parcel listed in the complaint may redeem the 3,214
parcel by tendering to the treasurer the amount of the taxes, 3,215
assessments, charges, penalties, and interest due and unpaid on 3,216
the parcel, together with all costs incurred in the proceeding 3,217
instituted against the parcel under section 5721.18 of the 3,218
Revised Code. Upon the filing of any entry of confirmation of 3,219
sale, there shall be no further equity of redemption. After the 3,220
filing of any such entry, any person claiming any right, title, 3,221
or interest in, or lien upon, any parcel shall be forever barred 3,222
and foreclosed of any such right, title, or interest in, lien 3,223
upon, and any equity of redemption in, such parcel. 3,225
.......................... 3,226
Clerk of the Court 3,228
................... Court 3,230
..................., Ohio" 3,232
(C) Form of notice to owner, lienholders, and other 3,234
persons with an interest in a parcel: 3,235
"To the person to whom this notice is addressed: 3,237
You are the last known owner, according to the general tax 3,239
list, or a lienholder of, or a person with another interest in, 3,240
the following described parcel: 3,241
(Description as shown in complaint) 3,243
Such parcel has been included in an action instituted by 3,245
the county treasurer, being case No. ........ filed in the 3,246
.......... court, ..........., Ohio, on .........., 19...., 3,247
seeking the foreclosure and sale of such parcel for the 3,248
nonpayment of delinquent taxes, assessments, charges, penalties, 3,249
and interest (specify which) in the amount of $.......... 3,250
81
Any person owning or claiming any right, title, or interest 3,252
in, or lien upon, such parcel may file an answer in the action 3,253
setting forth the nature and amount of his THE PERSON'S interest 3,254
and any defense or objection to the foreclosure. Any such answer 3,256
shall be filed in the office of the undersigned clerk of the 3,257
court, and a copy of the answer shall be delivered to the 3,258
prosecuting attorney, on or before .........., 19.... 3,259
(twenty-eight days after the final publication of the associated 3,260
notice of foreclosure in accordance with law). 3,261
If no answer is filed, a judgment of foreclosure will be 3,263
taken by default and such parcel shall be ordered sold for the 3,264
satisfaction of the tax lien on it. 3,265
If, pursuant to the action, the property is sold for an 3,267
amount that is less than the amount of the delinquent taxes, 3,268
assessments, charges, penalties, and interest against it, the 3,269
court, in a separate order, may enter a deficiency judgment 3,270
against the owner of record of a parcel for the amount of the 3,271
difference. If that owner of record is a corporation, the court 3,272
may enter the deficiency judgment against the stockholder holding 3,273
a majority of that corporation's stock. 3,274
At any time prior to the filing of any entry of 3,276
confirmation of sale, any owner or lienholder of, or other person 3,277
with an interest in, a parcel may redeem the parcel by tendering 3,278
to the treasurer the full amount of the taxes, assessments, 3,279
charges, penalties, and interest due and unpaid on the parcel, 3,280
together with all costs incurred in the proceeding instituted 3,281
against the parcel under section 5721.18 of the Revised Code. 3,282
Upon the filing of any entry confirming the sale of the parcel, 3,283
there shall be no further equity of redemption. After the filing 3,284
of any such entry, any person claiming any right, title, or 3,285
interest in, or lien upon, the parcel shall be forever barred and 3,286
foreclosed of any such right, title, or interest in, lien upon, 3,287
and any equity of redemption in, the parcel. 3,289
............................ 3,290
82
Clerk of the Court 3,292
..................... Court 3,294
....................., Ohio" 3,296
Sec. 5721.191. (A) Subject to division (B) of this 3,305
section, the form for the advertisement of a sale conducted 3,306
pursuant to section 5721.19 of the Revised Code shall be as 3,307
follows: 3,308
"Notice of sale under judgment of foreclosure of liens for 3,311
delinquent land taxes 3,312
In the ............... court of ............., Ohio 3,314
case no. 3,316
in the matter of foreclosure of liens for 3,318
delinquent land taxes 3,320
county treasurer of ........................., Ohio 3,323
Plaintiff, 3,324
vs. 3,326
parcels of land encumbered with delinquent 3,328
tax liens, 3,331
Defendants. 3,332
Whereas, judgment has been rendered against certain parcels 3,334
of real property for taxes, assessments, charges, penalties, 3,335
interest, and costs as follows: 3,336
(Here set out, for each parcel, the respective permanent 3,338
parcel number, full street address, description of the parcel, 3,339
name and address of the last known owners of the parcel as shown 3,340
on the general tax list, and total amount of the judgment) and; 3,341
Whereas, such judgment orders such real property to be sold 3,343
by the undersigned to satisfy the total amount of such judgment; 3,344
Now, therefore, public notice is hereby given that I, 3,346
.................... (officer) of .........................., 3,347
Ohio, will sell such real property at public auction, for cash, 3,348
to the highest bidder of an amount that equals at least (insert 3,349
here, as in the court's order, the fair market value of the 3,350
parcel as determined by the county auditor, or the total amount 3,351
83
of the judgment, including all taxes, assessments, charges, 3,352
penalties, and interest payable subsequent to the delivery to the 3,353
prosecuting attorney of the delinquent land tax certificate or 3,354
master list of delinquent tracts and prior to the transfer of the 3,355
deed of the property to the purchaser following confirmation of 3,356
sale), between the hours of ......... a.m. and ....... p.m., at 3,357
(address and location) in ..............., Ohio, on ..........., 3,358
the .......... day of ..............., 19.... If any parcel does 3,359
not receive a sufficient bid, it shall be offered for sale, under 3,360
the same terms and conditions of the first sale and at the same 3,361
time of day and at the same place, on ................, the 3,362
............ day of ............., 19..., for an amount that 3,363
equals at least (insert here, as in the court's order, the fair 3,364
market value of the parcel as determined by the county auditor, 3,365
or the total amount of the judgment, including all taxes, 3,366
assessments, charges, penalties, and interest payable subsequent 3,367
to the delivery to the prosecuting attorney of the delinquent 3,368
land tax certificate or master list of delinquent tracts and 3,369
prior to the transfer of the deed of the property to the 3,370
purchaser following confirmation of sale)." 3,371
(B) If the title search required by division (B) of 3,373
section 5721.18 of the Revised Code that relates to a parcel 3,374
subject to an in rem action under that division, or if the title 3,375
search that relates to a parcel subject to an in personam action 3,376
under division (A) of section 5721.18 of the Revised Code, 3,377
indicates that a federal tax lien exists relative to the parcel, 3,378
then the form of the advertisement of sale as described in 3,379
division (A) of this section additionally shall include the 3,380
following statement in boldface type: 3,381
"PUBLIC NOTICE IS HEREBY GIVEN THAT (INSERT HERE THE 3,383
DESCRIPTION OF EACH RELEVANT PARCEL) TO BE SOLD AT PUBLIC AUCTION 3,384
IS SUBJECT TO A FEDERAL TAX LIEN THAT MAY NOT BE EXTINGUISHED BY 3,385
THE SALE. 3,387
...................... 3,388
84
(officer)" 3,390
(C) If the proceedings for foreclosure were instituted 3,392
under division (C) of section 5721.18 of the Revised Code, then 3,393
the form of the advertisement of sale as described in division 3,394
(A) of this section additionally shall include the following 3,395
statement in boldface type: 3,396
"Public notice is hereby given that (insert here the 3,398
description of each relevant parcel) to be sold at public auction 3,399
will be sold subject to all liens and encumbrances with respect 3,400
to the parcel, other than the liens for land taxes, assessments, 3,401
charges, penalties, and interest for which the lien was 3,402
foreclosed and in satisfaction of which the property is sold. 3,404
...................... 3,405
(officer)" 3,407
Sec. 5901.29. The funeral director employed to perform the 3,416
service described by section 5901.25 of the Revised Code shall 3,417
use the blanks provided by this section, specifying what the 3,418
funeral director is to furnish for the service. The contract 3,420
shall be signed by the funeral director and a copy thereof left 3,421
with the veterans service commission with which it is made. Such 3,422
contract shall read as follows: 3,423
"I ................, funeral director, residing at 3,425
................. hereby agree to furnish the following items for 3,426
the burial or cremation (circle one) of ..............., who 3,427
resided at ..................., and died ............... 3,428
19,........., which shall consist of: 3,430
(A) One casket, nicely covered with a good quality of 3,432
black cloth, lined with a good quality of white satin or other 3,433
material, and trimmed on the outside with handles of a fair 3,434
quality in keeping with the casket; 3,435
(B) One burial robe of a good quality of material; 3,437
(C) One plain box appropriate for receiving the coffin or 3,439
urn containing cremated remains inside the grave; 3,440
(D) Payment for digging the grave, in the place designated 3,442
85
by the friends of the deceased or as otherwise provided, and for 3,443
filling the grave in a proper manner; 3,444
(E) Furnishing a funeral car for conveying the remains to 3,446
the place of burial or crematory; 3,447
(F) Preparing the body for burial when so requested; 3,449
(G) Furnishing necessary transportation for the use of the 3,451
family, friends, and pallbearers, which people shall be returned 3,452
to their respective homes or to the place where the funeral 3,453
services were held; 3,454
(H) Furnishing a decent, respectable funeral, for the sum 3,456
of ...... dollars." 3,457
Sec. 5907.08. When a resident of the Ohio veterans' home 3,466
becomes insane, the commandant shall file with the probate judge 3,467
of the county in which the home is located substantially the 3,469
following affidavit: The
"THE State of Ohio,.......... county, ss. ..........., 3,472
commandant of the Ohio veterans' home, being duly sworn, says 3,473
that he THE COMMANDANT believes that ............, a resident 3,474
thereof OF THE HOME, is insane; that, in consequence of his THE 3,475
RESIDENT'S insanity, his THE RESIDENT'S being at large is 3,476
dangerous to the community, and that he THE RESIDENT was received 3,477
into the home from ............ county, on the ...... day of 3,479
........., 19.....
....................A.B." 3,481
Sec. 5919.10. All men PERSONS enlisting in the Ohio 3,490
national guard shall sign an enlistment contract and subscribe to 3,492
the following oath of enlistment: " 3,493
"I do hereby acknowledge to have voluntarily enlisted this 3,496
...... day of ......, 19..., as a soldier in the national guard 3,497
of the United States and of the state of Ohio, for the period of 3,498
...... year ......, under the conditions prescribed by law, 3,499
unless sooner discharged by proper authority. And I do solemnly 3,500
swear that I will bear true faith and allegiance to the United 3,501
States of America and to the state of Ohio, and that I will serve 3,502
86
them honestly and faithfully against all their enemies
whomsoever, and that I will obey the orders of the president of 3,503
the United States and of the governor of the state of Ohio, and 3,504
of the officers appointed over me according to law and the 3,505
regulations and uniform code of military justice." This 3,506
THIS section shall not apply to personnel transferred or 3,509
assigned to the Ohio national guard under the laws and 3,510
regulations of the United States. 3,511
Sec. 5920.08. All persons enlisted in the Ohio military 3,520
reserve shall sign an enlistment contract and take and subscribe 3,521
to an oath of enlistment as follows: 3,522
"I do hereby acknowledge to have voluntarily enlisted 3,524
this..................day of..............................., 3,526
19........., as a member of the Ohio military reserve for a 3,527
period of three years, under the conditions prescribed by law, 3,528
unless sooner discharged by proper authority. And I do solemnly
swear that I will bear true faith and allegiance to the United 3,529
States of America and to the state of Ohio; that I will serve 3,530
them honestly and faithfully against all their enemies 3,531
whomsoever; and that I will obey the orders of the governor of 3,532
the state of Ohio and of the officers appointed over me according
to law and the rules and regulations in accordance therewith." 3,534
Sec. 5921.05. Enlisted members shall be enlisted according 3,543
to regulations prescribed by the department of the navy for the 3,544
governing of similar naval organizations. 3,545
All persons enlisted in the Ohio naval militia shall sign 3,547
an enlistment contract and take and subscribe to an oath of 3,548
enlistment as follows:
"I do hereby acknowledge to have voluntarily enlisted this 3,550
............... day of ..............., 19.........., as a member 3,551
of the Ohio naval militia for a period of three years, under the 3,553
conditions prescribed by law, unless sooner discharged by proper 3,554
authority. And I do solemnly swear that I will bear true faith 3,555
and allegiance to the United States of America and to the state
87
of Ohio; that I will serve them honestly and faithfully against 3,556
all their enemies whomsoever; and that I will obey the orders of 3,557
the governor of the state of Ohio and of the officers appointed 3,558
over me according to law and the rules in accordance therewith." 3,559
Sec. 6101.84. The following forms illustrate the character 3,568
of the procedure contemplated by sections 6101.01 to 6101.84 of 3,569
the Revised Code THIS CHAPTER, and, if substantially complied 3,571
with, those things being changed which should be changed to meet 3,572
the requirements of the particular case, such procedure shall be 3,573
held to meet the requirements of such sections THIS CHAPTER. 3,574
(A) Form of Notice of Hearing on the Petition: 3,576
"To all Persons and Public Corporations Interested: 3,578
Public Notice is Hereby Given: 3,580
(1) That on the ...... day of .........., 19...., pursuant 3,582
to the Conservancy Law of Ohio, there was filed in the office of 3,583
the Clerk of the Court of Common Pleas of ........... County, 3,584
Ohio, the petition of ............ and others for the 3,585
establishment of a Conservancy District to be known as .......... 3,586
Conservancy District. 3,587
(Here insert the purposes) 3,589
(2) That the lands sought to be included in said District 3,591
comprise lands in .......... and .......... Counties, Ohio, 3,592
described substantially as follows: 3,593
Beginning on the north line of .......... County at its 3,595
point of intersection with the west bank of the .......... River; 3,596
thence west along the north line of .......... County to the high 3,597
bluffs facing said .......... River on the west; thence following 3,598
the base of the line of said bluffs to the north line of the 3,599
right of way of the .......... Railroad; thence west along the 3,600
north right of way line of said Railroad to the center line of 3,601
........... Avenue in the Village of ..........; thence south 3,602
along the center line of .......... Avenue to the .......... 3,603
Pike; thence southeasterly along the .......... Pike to the 3,604
southeasterly line of the right of way of the .......... 3,605
88
Railroad; thence southeasterly along said right of way line to 3,606
the corporate limits of the City of ..........; thence with said 3,607
corporation line southerly, easterly, and northerly to the 3,608
southerly right of way line of the main track of the .......... 3,609
Railroad; thence easterly along said last named right of way line 3,610
to the boundary line between .......... Counties; thence north 3,611
along said County line to the southerly line of .......... 3,612
County; thence easterly along the dividing line between 3,613
.......... Counties to the easterly line of the right of way of 3,614
the .......... Railroad; thence northerly along said right of way 3,615
line to its intersection with the .......... Pike; thence 3,616
westerly along said Pike to the center line of the bridge over 3,617
.......... Creek; thence up said Creek and along the center line 3,618
thereof to the north line of .......... County; thence west to 3,619
the place of beginning. 3,620
Or, if found more convenient, the lands sought to be 3,622
included in the District may be described as follows: 3,623
All of Township .......... in Range ...... between the 3,625
.......... Railroad and the .......... River; the following lands 3,626
in .......... Township and ...... Range; Section ...... and the 3,627
...... half of Section ......; also all lands within the 3,628
corporate limits of the City of .......... etc. 3,629
(3) That a public hearing on said petition will be had in 3,631
said Court on ....... the ...... day of ........, ...., at the 3,632
hour of ...... o'clock .....M. by the Court of Common Pleas of 3,633
.......... County, at the Courthouse in the City of .......... 3,634
County, Ohio.
All persons and public corporations interested will be 3,636
given the opportunity to be heard at the time and place above 3,637
specified. 3,638
................................... 3,640
Clerk of the Court of Common Pleas 3,641
of .................. County, Ohio. 3,642
Dated .........., Ohio, .............., 19...." 3,645
89
(B) Form of Finding on Hearing: 3,647
"State of Ohio, ) 3,649
) ss. 3,650
.......... County ) 3,651
In the Court of Common Pleas of .......... County. In 3,653
Matter of .......... Conservancy District: 3,654
FINDINGS AND DECREE ON HEARING 3,655
On this ...... day of ........, 19...., this cause coming 3,657
on for hearing upon the petition of .......... and others, for 3,658
the organization of a Conservancy District under the Conservancy 3,659
Law of Ohio, the Court, after a full hearing now here finds: 3,660
(1) That it has jurisdiction of the parties to and the 3,662
subject matter of this proceeding. 3,663
(2) That the purposes for which said District is 3,665
established are: 3,666
(Insert the purposes) 3,667
And that it is a public necessity. 3,669
(3) That the public safety, health, convenience, and 3,671
welfare will be promoted by the organization of a Conservancy 3,672
District substantially as prayed in said petition (if additional 3,673
lands are added by petition) except, that the following 3,674
additional lands at the petition of the owners thereof should be 3,675
and hereby are included in said District: 3,676
(Here insert additional lands) 3,677
(4) That the boundaries of said District as modified by 3,679
the last finding herein are as follows: (Here insert corrected 3,680
boundaries of district) 3,681
(5) That the said territory last above described should be 3,683
erected into and created a Conservancy District under the 3,684
Conservancy Law of Ohio under the corporate name of ............ 3,685
Conservancy District. 3,686
Wherefore, it is by the Court ordered, adjudged, and 3,688
decreed: 3,689
That the territory as above described be, and the same 3,691
90
hereby is erected into and created a Conservancy District under 3,692
the Conservancy Law of Ohio under the corporate name of ......... 3,693
Conservancy District, with its office or principal place of 3,694
business at .........., in .......... County, Ohio. (If 3,695
directors are appointed at the same time) And the following 3,696
persons are hereby appointed directors of said Conservancy 3,697
District: 3,698
..............., for the term of three years, 3,700
..............., for the term of four years (if the 3,702
district includes all or parts of more than sixteen counties), 3,703
..............., for the term of five years, 3,705
..............., for the term of six years (if the district 3,707
includes all or parts of more than sixteen counties), 3,708
..............., for the term of seven years, who are 3,710
hereby directed to qualify and proceed according to law. 3,711
(6) For consideration of other matters herein, this cause 3,713
is retained on the docket. 3,714
.............................. 3,715
Judge" 3,716
(C) Form of Notice to Persons and Public Corporations to 3,719
pay Assessment: 3,720
"To all Persons and Public Corporations Interested: 3,722
Public Notice is Hereby Given: 3,724
(1) That on the ...... day of ........, 19...., the Board 3,726
of Directors of The .......... Conservancy District duly levied 3,727
an assessment upon all the benefited property and public 3,728
corporations in said District in the aggregate sum of $........., 3,729
has caused the same to be recorded upon the Assessment Record of 3,730
said District, and that said Assessment Record is now on file in 3,731
the office of the District at ............ 3,732
(2) That the assessment against any parcel of land or any 3,734
public corporation may be paid to the Treasurer of The .......... 3,735
Conservancy District at any time on or prior to .........., 19 3,736
...., without costs and without interest, and if so paid a 3,738
91
discount of ten per cent of the assessment will be allowed 3,739
according to law.
(3) That as soon after the ..... day of ........, 19...., 3,741
as conveniently may be, the Board of Directors of said District 3,742
will divide the uncollected assessment into convenient 3,743
installments, provide for the collection of interest on the 3,744
unpaid installments, and will issue bonds bearing interest not 3,745
exceeding the rate provided in section 9.95 of the Revised Code 3,746
in anticipation of the collection of the several installments of 3,747
said assessment pursuant to the Conservancy Law of Ohio. 3,748
.............................. 3,749
President 3,751
.............................. 3,753
Secretary" 3,755
(D) Form of Bond and of Coupon: 3,758
(Form of Bond) 3,759
"No. ......................... $ ............................ 3,761
UNITED STATES OF AMERICA 3,764
State of Ohio 3,765
............. Conservancy District. 3,766
Conservancy Bond. 3,767
Know all Men PERSONS by These Presents that ........... 3,769
Conservancy District, a legally organized Conservancy District of 3,770
the State of Ohio, acknowledges itself to owe and for value 3,771
received hereby promises to pay to bearer ........ Dollars 3,772
($........) on the first day of ........, 19...., with interest 3,773
thereon from the date hereof until paid at the rate of ...... per 3,774
cent per annum, payable ........, 19...., and semiannually 3,775
thereafter on the first day of ........ and of ........ in each 3,776
year on presentation and surrender of the annexed interest 3,777
coupons as they severally become due. Both principal and 3,778
interest of this bond are hereby made payable in lawful money of 3,779
the United States of America, at the office of the Treasurer of 3,780
State, in the City of Columbus, Ohio. 3,781
92
This bond is one of a series of bonds issued by ........... 3,783
Conservancy District for the purpose of paying the cost of 3,784
constructing a system of flood prevention (or for the other 3,785
works) for said District and in anticipation of the collection of 3,786
the several installments of an assessment duly levied upon lands 3,787
and public corporations within said District and benefited by 3,788
said improvement in strict compliance with the Conservancy Law of 3,789
Ohio, and pursuant to an order of the Board of Directors of said 3,790
District duly made and entered of record. 3,791
And it is hereby certified and recited that all acts, 3,793
conditions, and things required to be done in locating and 3,794
establishing said District and in equalizing appraisals of 3,795
benefits and in levying assessments against lands and public 3,796
corporations benefited thereby, and in authorizing, executing, 3,797
and issuing this bond, have been legally had, done, and performed 3,798
in due form of law; that the total amount of bonds issued by said 3,799
District does not exceed ninety per cent of the assessments so 3,800
levied and unpaid at the time said bonds are issued or any legal 3,801
limitation thereof. 3,802
And for the performance of all the covenants and 3,804
stipulations of this bond and of the duties imposed by law upon 3,805
said District for the collection of the principal and interest of 3,806
said assessments and the application thereof to the payment of 3,807
this bond and the interest thereon, and for the levying of such 3,808
other and further assessments as are authorized by law and as may 3,809
be required for the prompt payment of this bond and the interest 3,810
thereon, the full faith, credit, and resources of said .......... 3,811
Conservancy District are hereby irrevocably pledged. 3,812
In Testimony Whereof the Board of Directors of ............ 3,814
Conservancy District has caused this bond to be signed by its 3,815
President and sealed with the corporate seal of said District, 3,816
attested by its Secretary, and registered by the Treasurer of 3,817
State, and the coupons hereto annexed to be executed by the 3,818
facsimile signatures of said President and Secretary, as of the 3,819
93
............ day of ................, 19..... 3,820
.............................. 3,821
President 3,822
Attest: 3,823
........................ 3,824
Secretary" 3,826
(Form of Coupon) 3,828
"$....................... 3,830
(..........) 3,832
On the first day of ( ) 19,.... 3,833
(..........) 3,834
.................... Conservancy District promises to pay 3,836
to bearer ................ Dollars ($..........) lawful money of 3,837
the United States of America, at the office of the Treasurer of 3,838
State, Columbus, Ohio, being semiannual interest due on that date 3,839
on its Conservancy Bond dated ................, 19..... 3,840
.............................. 3,841
President 3,842
No. .................... 3,845
........................ 3,847
Secretary" 3,849
(E) Form of Notice of Enlargement of District: 3,851
"State of Ohio, ) 3,853
) ss. 3,854
County of ............. ) 3,855
In the Court of Common Pleas, 3,857
................ County, Ohio. 3,859
In the Matter of 3,861
.................. Conservancy District 3,863
NOTICE OF ENLARGEMENT OF DISTRICT 3,865
To All Persons (and Public Corporations, if any) 3,867
Interested:
Public Notice Is Hereby Given: 3,869
(1) That heretofore on the ...... day of .........., 3,872
94
19...., the Court of Common Pleas of ................ County,
Ohio, duly entered a final decree erecting and creating 3,873
................ Conservancy District and appointing a Board of 3,874
Directors therefor. 3,875
(2) That thereafter this Court duly appointed 3,877
........................ 3,879
........................ 3,881
........................ 3,883
........................ (if the district includes all or 3,885
parts of more than sixteen counties) 3,886
........................ (if the district includes all or 3,888
parts of more than sixteen counties) 3,889
to be the Board of Appraisers for said District. That said 3,891
Board of Appraisers on the ........ day of ............, 19...., 3,892
filed its report recommending that the following described lands, 3,894
not originally included in the District, be added thereto: 3,895
(Here describe generally the lands which the Report of the 3,897
Board of Appraisers recommends should be added to the District). 3,898
(3) That on ........, the ........ day of .............., 3,900
19...., (or as soon thereafter as the convenience of the Court 3,901
will permit), at the Courthouse in ............ of 3,902
.............., Ohio, the Court of Common Pleas of 3,903
.................. County, Ohio, will hear all persons and public 3,904
corporations interested upon the question whether said lands 3,905
should be added to and included in said .................... 3,906
Conservancy District. 3,907
................................... 3,908
Clerk of the Court of Common Pleas 3,909
of ........................ County,
Ohio" 3,910
(F) Form of Notice of Hearing on Appraisals: 3,913
"State of Ohio, ) 3,915
) ss. 3,916
County of .............. ) 3,917
95
In the Court of Common Pleas, ........... County, Ohio. 3,919
In the Matter of ) 3,921
) 3,922
......... Conservancy District ) 3,923
NOTICE OF HEARING ON APPRAISALS 3,925
To all Persons and Public Corporations Interested: 3,927
Public Notice Is Hereby Given: 3,929
(1) That heretofore on the ........ day of ............., 3,931
19...., the Court of Common Pleas of ................ County, 3,932
Ohio, duly entered a decree erecting and creating ............... 3,933
Conservancy District and appointing a Board of Directors 3,934
therefor. 3,935
(2) That thereafter this Court duly appointed 3,937
................................................................. 3,938
the Board of Appraisers for said District. That said Board of 3,939
Appraisers on the ........ day of ................, 19...., filed 3,940
its Appraisals of Benefits and Damages and of land to be taken as 3,941
follows: (Here insert general description of land appraised) 3,942
The said appraisal of benefits and damages and of land to 3,944
be taken is now on file in the office of the clerk of this court. 3,945
(3) All public corporations and all persons, owners of or 3,947
interested in the property described in said Report, whether as 3,948
benefited property or as property taken and damaged (whether said 3,949
taken or damaged property lies within or without said District), 3,950
desiring to contest the appraisals as made and returned by the 3,951
Board of Appraisers, must file their objections in said court on 3,952
or before the ........ day of ................, 19...., (here 3,953
insert a date thirty days after the last publication of the 3,954
notice) and a hearing on said appraisal will be had on the 3,955
........ day of ................, 19...., (here insert a date not 3,956
less than forty, nor more than fifty, days after the date of the 3,957
last publication of this notice, as fixed by the court) in the 3,958
City of .................., Ohio, at which time an opportunity 3,959
will be afforded all objectors to be heard upon their several 3,960
96
objections. 3,961
................................... 3,963
Clerk of the Court of Common Pleas 3,965
of ................... County, Ohio
Dated at the City of .................., Ohio, this ....... 3,968
day of .................., 19....." 3,969
(G) Form of Certificate of Assessment Record: 3,971
"This is to Certify: 3,973
(1) That on the ........ day of ................, 19...., 3,975
the Board of Directors of The .................. Conservancy 3,976
District duly levied an assessment upon all the benefited 3,977
property and public corporations in said District in the 3,978
aggregate sum of $............, together with interest, and duly 3,979
apportioned said assessment to and levied said assessment upon 3,980
each tract of land or other property and each public corporation 3,981
in said District in proportion to the benefits thereto. 3,982
(2) That the said assessment and the apportionment thereof 3,984
upon the benefited lands and public corporations have been 3,985
recorded in the Conservancy Assessment Record of The 3,986
.................. Conservancy District which contains in tabular 3,987
form notation of the items of property and the public 3,988
corporations to which benefits have been appraised, the total 3,989
amount of benefits appraised against each item or public 3,990
corporation and the total assessment levied against each item or 3,991
public corporation.
(3) That the Conservancy Assessment Record of The 3,993
................ Conservancy District contains a true and correct 3,994
record of the benefits approved and confirmed by the Court and of 3,995
the assessment levied by the Board of Directors thereof on 3,996
........ day of ............, 19..... 3,997
IN WITNESS WHEREOF, the President and Secretary, 3,999
respectively, of the Board of Directors of The ................ 4,000
Conservancy District have hereunto set their hands and the 4,001
corporate seal of the said District this ........ day of 4,002
97
............, 19..... 4,003
................................... 4,004
President 4,005
................................... 4,006
Secretary" 4,007
(H) Form of Certificate of Annual Levy: 4,009
"This is to Certify: 4,011
(1) That on the ........ day of ............, 19...., the 4,013
Board of Directors of The ................ Conservancy District 4,014
determined, ordered, and levied the Annual Levy of 19.... (YEAR) 4,016
upon all the benefited property and public corporations in said 4,017
District in the aggregate sum of $................ for the 4,018
account of the Bond Retirement Fund of said District and pursuant 4,019
to and being a part of assessments heretofore levied. 4,020
(2) That the said Board of Directors has duly apportioned 4,022
said Annual Levy to all of the benefited properties and public 4,023
corporations in said District and that the respective amounts of 4,024
said Annual Levy imposed upon the benefited properties and public 4,025
corporations have been recorded in the Conservancy Assessment 4,026
Book of The ................ Conservancy District, which contains 4,027
a schedule thereof. 4,028
(3) That on the ........ day of ............, 19...., the 4,030
Board of Directors of The ................ Conservancy District 4,031
duly levied a maintenance assessment for the year 19...., in the 4,032
aggregate sum of $............ for the account of the Maintenance 4,033
Fund of said District. That said maintenance assessment has been 4,034
duly apportioned to the benefited properties and public 4,035
corporations in said District in proportion to benefits and that 4,036
the amounts of said maintenance assessment imposed upon the 4,037
properties and public corporations in said District have been 4,038
recorded in the Conservancy Assessment Book of The 4,039
................ Conservancy District. 4,040
(4) That the Conservancy Assessment Book contains a true 4,042
and correct record of the Annual Levy of 19.... (YEAR) and of the 4,044
98
maintenance assessment for the year 19.... as determined, 4,045
ordered, and levied by the Board of Directors of The 4,046
................. Conservancy District on the ........ day of 4,047
............, 19..... 4,048
(5) That the said amounts of said Annual Levy and of said 4,050
maintenance assessment shall be collectible and payable in the 4,051
year 19.... in the sums specified at the same time that the state 4,052
and county taxes are due and collectibel COLLECTIBLE. 4,053
IN WITNESS WHEREOF, the President and Secretary, 4,055
respectively, of the Board of Directors of the ................ 4,056
Conservancy District have hereunto set their hands and the 4,057
corporate seal of this said District this ........ day of 4,058
............, 19..... 4,059
................................... 4,060
President 4,061
................................... 4,062
Secretary" 4,063
Sec. 6115.79. The following forms illustrate the character 4,072
of the procedure contemplated by this chapter, and if 4,073
substantially complied with, those things being changed which 4,074
should be changed to meet the requirements of the particular 4,075
case, such procedure shall be held to meet the requirements of 4,076
such sections THIS CHAPTER. 4,077
(A) Form of Notice of Hearing on the Petition: 4,079
"To All Persons Interested: 4,081
Public Notice is Hereby Given: 4,083
(1) That on the .......... day of .............., 19...., 4,085
pursuant to The Sanitary District Law of Ohio, there was filed in 4,086
the office of the Clerk of the Court of Common Pleas of 4,087
............. County, Ohio, the petition of 4,088
...................... and others for the establishment of a 4,089
Sanitary District to be known as .................... Sanitary 4,090
District. (Here insert the purposes.) 4,091
(2) That the lands sought to be included in the District 4,093
99
comprise lands in .................. and .................. 4,094
Counties, Ohio, described substantially as follows: 4,095
Beginning on the north line of ...................... 4,097
County at its point of intersection with the west bank of the 4,098
............ River; thence west along the north line of 4,099
............ County to the high bluffs facing the ............ 4,100
River on the west; thence following the base of the line of said 4,101
bluffs to the north line of the right-of-way of the 4,102
...................... Railroad; thence west along the north 4,103
right-of-way line of the Railroad to the center line of 4,104
................ Avenue in the Village of ..................; 4,105
thence south along the center line of ................ Avenue to 4,106
the ................ Pike; thence southeasterly along the 4,107
................ Pike to the southeasterly line of the 4,108
right-of-way of the ................ Railroad; thence 4,109
southeasterly along the right-of-way line to the corporate limits 4,110
of the City of ................; thence with the corporation line 4,111
southerly, easterly, and northerly to the southerly right-of-way 4,112
line of the main track of the ................ Railroad; thence 4,113
easterly along the last named right-of-way line to the boundary 4,114
line between ................ Counties; thence north along the 4,115
County line to the southerly line of ................. County; 4,116
thence easterly along the dividing line between ................ 4,117
Counties to the easterly line of the right-of-way of the 4,118
................ Railroad; thence northerly along the 4,119
right-of-way line to its intersection with the ................ 4,120
Pike; thence westerly along the Pike to the center line of the 4,121
bridge over ................ Creek; thence up the Creek and along 4,122
the center line thereof to the north line of .............. 4,123
County; thence west to the place of beginning. 4,124
Or, if found more convenient, the lands sought to be 4,126
included in the District may be described as follows: 4,127
All of Township ................ in Range ................ 4,129
between the ................ Railroad and the .................. 4,130
100
River; the following lands in .......... Township and ........... 4,131
Range; Section .......... and the ................ half of 4,132
Section ................; also all lands within the corporate 4,133
limits of the City of .................. etc. 4,134
(3) That a public hearing on the petition will be had in 4,136
said Court on .......... the ............ day of ............, 4,137
...., at the hour of ........ o'clock ......M. by the Court of 4,138
Common Pleas of .................... County, at the Courthouse in 4,139
the City of .................., .................. County, Ohio. 4,140
All persons and public corporations owning or interested in 4,142
real estate within the territory hereinbefore described will be 4,143
given the opportunity to be heard at the time and place above 4,144
specified. 4,146
............................................... 4,147
Clerk of the Court of Common Pleas of ......... 4,149
County, Ohio. 4,151
Dated ................, Ohio, ................, 19...." 4,153
(B) Form of Finding on Hearing: 4,155
"State of Ohio, ) 4,157
) ss. 4,159
.................... County ) 4,161
In the Court of Common Pleas ............ County. In 4,163
IN THE Matter of ................ 4,165
................ Sanitary District: 4,167
FINDINGS AND DECREE ON HEARING. 4,169
On this ............ day of ................, 19...., this 4,171
cause coming on for hearing on the petition of .............. and 4,173
others, for the organization of a Sanitary District under the
Sanitary District Law of Ohio, the Court, after a full hearing 4,174
now here finds: 4,175
(1) That it has jurisdiction of the parties to and the 4,177
subject matter of this proceeding. 4,178
(2) That the purposes for which said District is 4,180
established are: 4,181
101
(Insert the purposes.) 4,183
And that it is a public necessity. 4,185
(3) That the public safety, health, convenience, and 4,187
welfare will be promoted by the organization of a Sanitary 4,188
District substantially as prayed in the petition (if additional 4,189
lands are added by petition), except that the following 4,190
additional lands at the petition of the owners thereof should be 4,191
and hereby are included in the District: 4,192
(Here insert additional lands.) 4,194
(4) That the boundaries of the District as modified by the 4,196
last finding herein are as follows: 4,197
(Here insert corrected boundaries of district.) 4,198
(5) That the territory last above described should be 4,200
erected into and created a Sanitary District under the Sanitary 4,201
District Law of Ohio under the corporate name of ................ 4,202
Sanitary District. 4,203
Wherefore, it is by the Court ordered, adjudged, and 4,205
decreed: 4,206
That the territory as above described be, and the same 4,208
hereby is erected into and created a Sanitary District under the 4,209
Sanitary District Law of Ohio under the corporate name of 4,210
................ Sanitary District, with its office or principal 4,211
place of business at ................, in ................ 4,212
County, Ohio. (If directors are appointed at the same time.) And 4,213
the following persons are hereby appointed directors of the 4,214
Sanitary District: 4,215
................ for the term of three years, 4,217
................ for the term of five years, 4,219
................ for the term of seven years, 4,221
who are hereby directed to qualify and proceed according to law. 4,223
(6) For consideration of other matters herein, this cause 4,225
is retained on the docket. 4,227
............................ Judge." 4,228
(C) Form of Notice to Property Owners to Pay Assessment: 4,230
102
".................. Sanitary District. 4,232
To All Persons Interested: 4,234
Public Notice is Hereby Given: 4,236
(1) That on the ................ day of ................, 4,238
19...., the Board of Directors of ................ Sanitary 4,239
District duly levied for the account of the Bond Fund of said 4,240
District an assessment upon all the property in the District in 4,241
the aggregate sum of $................, has caused the same to be 4,242
extended upon the assessment duplicate of said District, and that 4,243
the assessment duplicate is now in process of collection by the 4,244
County Treasurer of the County in which the lands are situated. 4,245
(2) That the entire assessment against any parcel of land 4,247
may be paid at any time on or prior to ................, 19...., 4,248
without costs and without interest. 4,249
(3) That as soon after the ........ day of .............., 4,251
19...., as conveniently may be, the Board of Directors of the 4,252
District will divide the uncollected portion of the assessment 4,253
into convenient installments and will issue bonds bearing 4,254
interest not exceeding the rate provided in section 9.95 of the 4,255
Revised Code in anticipation of the collection of the several 4,256
installments of said assessment, pursuant to the Sanitary 4,257
District Law of Ohio. 4,259
................................ 4,260
President. 4,262
................................ 4,264
Secretary." 4,266
(D) Form of Notice of Enlargement of District: 4,268
"State of Ohio, ) 4,270
) ss. 4,272
County of ................... ) 4,275
In the Court of Common Pleas 4,276
............... County, Ohio 4,278
In the Matter of 4,280
............... Sanitary District: 4,282
103
NOTICE OF ENLARGEMENT OF DISTRICT. 4,284
NOTICE OF ENLARGEMENT OF DISTRICT. 4,286
To All Persons (and Public Corporations, if any) 4,288
Interested: Public 4,290
PUBLIC Notice is Hereby Given: 4,291
(1) That heretofore on the ...... day of ............., 4,294
19..., the Court of Common Pleas of ......... County, Ohio, duly
entered a final decree erecting and creating ................... 4,295
Sanitary District and appointing a Board of Directors therefor. 4,296
(2) That thereafter this Court duly appointed 4,299
........................ 4,300
........................ 4,302
........................ 4,304
to be the Board of Appraisers for said District. That the Board 4,306
of Appraisers on the ..... day of .........., 19...., filed its 4,307
report recommending that the following described lands, not 4,308
originally included in the District, be added thereto: (Here 4,310
describe generally the lands which the Report of the Board of 4,311
Appraisers recommends should be added to the District.)
(3) That on ........., the ....... day of ..............., 4,313
19...., (or as soon thereafter as the convenience of the Court 4,314
will permit), at the Courthouse in ......... of ................, 4,315
Ohio, the Court of Common Pleas of .......... County, Ohio, will 4,316
hear all persons and public corporations, who are owners of or 4,317
interested in the property described in this notice upon the 4,318
question whether the lands should be added to and included in the 4,319
................ Sanitary District. 4,321
..................................... 4,322
Clerk of the Court of Common Pleas of 4,324
........................ County, Ohio" 4,326
(E) Form of Notice of Hearing on Appraisals: 4,328
"State of Ohio, ) 4,330
) ss. 4,332
County of ..................... ) 4,335
104
In the Court of Common Pleas 4,336
............... County, Ohio 4,338
In the matter of 4,340
"......................." SANITARY DISTRICT: 4,343
Sanitary District 4,345
NOTICE OF HEARING ON APPRAISALS. 4,347
To All Persons and Public Corporations Interested: 4,349
Public Notice is Hereby Given: 4,351
(1) That heretofore on the ...... day of ........., 19..., 4,353
the Court of Common Pleas of ........... County, Ohio, duly 4,354
entered a decree, erecting and creating ............... Sanitary 4,355
District and appointing a Board of Directors therefor. 4,356
(2) That thereafter this Court duly appointed 4,359
............................. 4,360
............................. 4,362
............................. 4,364
the Board of Appraisers for said District. That the Board of 4,366
Appraisers on the ...... day of ............, 19...., filed its 4,367
Appraisal of Benefits and Damages and of land to be taken as 4,368
follows: (Here insert general description of land appraised.) 4,369
The appraisal of benefits and damages and of land to be 4,371
taken is now on file in the office of the clerk of this court. 4,372
(3) All public corporations and all persons, owners of or 4,374
interested in the property described in the Report, whether as 4,375
benefited property or as property taken and damaged (whether the 4,376
taken or damaged property lies within or without the District), 4,377
desiring to contest the appraisals as made and returned by the 4,378
Board of Appraisers, must file their objections in the court on 4,379
or before the ...... day of .........., 19...., (here insert a 4,380
date ten (10) days after the last publication of the notice) and 4,381
a hearing on the appraisal will be had on the ..... day of 4,382
........., 19...., (here insert a date not less than twenty (20), 4,383
nor more than thirty (30), days after the date of the last 4,384
publication of this notice, as fixed by the court) in the City of 4,385
105
............, Ohio, at which time an opportunity will be afforded 4,386
all objectors to be heard upon their several objections. 4,387
............................. .................................. 4,391
Clerk of the Court of Common Pleas 4,393
of ................ County, Ohio. 4,395
Dated at the City of ............, Ohio, this ...... day of 4,397
..............., 19....." 4,398
(F) Form of Certificate of Levy of Assessments: 4,400
"State of Ohio, ) 4,402
) ss. 4,404
County of .................. ) 4,406
To the Auditor of ................. County, Ohio: 4,408
This is to certify that by virtue and under the authority 4,410
of the Sanitary District Law of Ohio, the Board of Directors of 4,411
............ Sanitary District have and do hereby levy the sum of 4,412
............ Dollars for the account of the Bond Fund of said 4,413
District, which assessment bears interest as provided by law and 4,414
is payable in installments as follows: (Here insert.) 4,415
You are further notified that for the account of the 4,417
Maintenance Fund for the year 19....., this Board has levied the 4,418
sum of ............ Dollars. 4,419
The amounts of the levies upon the several parcels of land 4,421
upon which the same are imposed are set forth upon the schedule 4,422
hereunto attached, marked ............ Sanitary District 4,423
Assessment Book. The assessments shall be collectible and 4,424
payable the present year in the sums therein specified at the 4,425
same time that the state and county taxes are due and 4,426
collectible, and you are directed and ordered to require the 4,427
Treasurer of ........ County, Ohio, to demand and collect such 4,428
assessments at the time that he THE TREASURER demands and 4,429
collects the state and county taxes due on the same lands, and 4,431
this Sanitary District Assessment Book shall be your authority 4,432
and the authority of the Treasurer to make such collection. 4,433
Witness the signature of the President of the Board of 4,435
106
Directors, attested by the seal of said corporation, and the 4,436
signature of its Secretary, this ..... day of .........., 19.... 4,438
.......................... 4,439
President. 4,441
.......................... 4,443
Secretary." 4,445
Section 2. That existing sections 101.53, 153.571, 4,447
317.113, 317.24, 981.02, 1311.56, 2715.041, 2737.05, 2935.17, 4,448
2935.18, 2935.19, 2941.06, 3113.215, 3501.31, 3509.04, 3513.07, 4,449
3513.261, 3769.04, 4561.25, 4703.10, 5309.15, 5721.15, 5721.181, 4,451
5721.191, 5901.29, 5907.08, 5919.10, 5920.08, 5921.05, 6101.84, 4,452
and 6115.79 of the Revised Code are hereby repealed. 4,453
Section 3. Notwithstanding section 101.53 of the Revised 4,456
Code as amended by this act, or any rule adopted pursuant 4,457
thereto, bills for the 123rd General Assembly are to continue to 4,459
be prepared as directed in Joint Rule 14.
Section 4. The Legislative Service Commission, under 4,461
section 101.53 of the Revised Code as amended by this act, first 4,462
shall direct how insertion of new matter and omission of old 4,463
matter is to be indicated with respect to bills prepared for the 4,464
124th General Assembly. Joint Rule 14 does not apply to the 4,465
preparation of bills for the 124th General Assembly insofar as it 4,466
is incompatible with section 101.53 of the Revised Code as 4,467
amended by this act or with any rule the Legislative Service 4,468
Commission adopts under that section. 4,469
Section 5. That the versions of sections 2715.041 and 4,471
3113.215 of the Revised Code that take effect on July 1, 2000, be 4,472
amended to read as follows: 4,473
Sec. 2715.041. (A) Upon the filing of a motion for an 4,482
order of attachment pursuant to section 2715.03 of the Revised 4,483
Code, the plaintiff shall file with the clerk of the court a 4,484
praecipe instructing the clerk to issue to the defendant against 4,485
whom the motion was filed a notice of the proceeding. Upon 4,486
receipt of the praecipe, the clerk shall issue the notice which 4,487
107
shall be in substantially the following form: 4,488
"(Name and Address of Court) 4,490
Case No................... 4,491
(Case Caption) 4,493
NOTICE 4,495
You are hereby notified that (name and address of 4,497
plaintiff), the plaintiff in this proceeding, has applied to this 4,498
court for the attachment of property in your possession. The 4,499
basis for this application is indicated in the documents that are 4,500
enclosed with this notice. 4,501
The law of Ohio and the United States provides that certain 4,503
benefit payments cannot be taken from you to pay a debt. Typical 4,504
among the benefits that cannot be attached or executed on by a 4,505
creditor are: 4,506
(1) Workers' compensation benefits; 4,508
(2) Unemployment compensation payments; 4,510
(3) Cash assistance payments under the Ohio works first 4,514
program;
(4) Disability assistance administered by the Ohio 4,516
department of job and family services; 4,517
(5) Social security benefits; 4,519
(6) Supplemental security income (S.S.I.); 4,521
(7) Veteran's benefits; 4,523
(8) Black lung benefits; 4,525
(9) Certain pensions. 4,527
Additionally, your wages never can be taken to pay a debt 4,529
until a judgment has been obtained against you. There may be 4,530
other benefits not included in this list that apply in your case. 4,531
If you dispute the plaintiff's claim and believe that you 4,533
are entitled to retain possession of the property because it is 4,534
exempt or for any other reason, you may request a hearing before 4,535
this court by disputing the claim in the request for hearing form 4,536
appearing below, or in a substantially similar form, and 4,537
delivering the request for the hearing to this court, at the 4,538
108
office of the clerk of this court, not later than the end of the 4,539
fifth business day after you receive this notice. You may state 4,540
your reasons for disputing the claim in the space provided on the 4,541
form, but you are not required to do so. If you do state your 4,542
reasons for disputing the claim in the space provided on the 4,543
form, you are not prohibited from stating any other reasons at 4,544
the hearing, and if you do not state your reasons, it will not be 4,545
held against you by the court and you can state your reasons at 4,546
the hearing. 4,547
If you request a hearing, it will be conducted in 4,549
................... courtroom ........, (address of court), at 4,550
.............m. on ............., 19..... 4,551
You may avoid having a hearing but retain possession of the 4,553
property until the entry of final judgment in the action by 4,554
filing with the court, at the office of the clerk of this court, 4,555
not later than the end of the fifth business day after you 4,556
receive this notice, a bond executed by an acceptable surety in 4,557
the amount of $............ 4,558
If you do not request a hearing or file a bond on or before 4,560
the end of the fifth business day after you receive this notice, 4,561
the court, without further notice to you, may order a law 4,562
enforcement officer or bailiff to take possession of the 4,563
property. Notice of the dates, times, places, and purposes of 4,564
any subsequent hearings and of the date, time, and place of the 4,565
trial of the action will be sent to you. 4,566
.............................. 4,568
Clerk of Court 4,569
Date: ......................." 4,570
(B) Along with the notice required by division (A) of this 4,572
section, the clerk of the court also shall deliver to the 4,573
defendant, in accordance with division (C) of this section, a 4,574
request for hearing form together with a postage-paid, 4,575
self-addressed envelope or a request for hearing form on a 4,576
postage-paid, self-addressed postcard. The request for hearing 4,577
109
shall be in substantially the following form: 4,578
"(Name and Address of Court) 4,580
Case Number ....................... Date ............... 4,582
REQUEST FOR HEARING 4,584
I dispute the claim for the attachment of property in the 4,586
above case and request that a hearing in this matter be held at 4,587
the time and place set forth in the notice that I previously 4,588
received. 4,589
I dispute the claim for the following reasons: 4,591
................................................................. 4,593
(Optional) 4,595
................................................................. 4,597
................................................................. 4,599
.............................. 4,600
(Name of Defendant) 4,601
............................. 4,603
(Signature) 4,604
.............................. 4,605
(Date) 4,606
4,607
WARNING: IF YOU DO NOT DELIVER THIS REQUEST FOR HEARING OR 4,609
A REQUEST IN A SUBSTANTIALLY SIMILAR FORM TO THE OFFICE OF THE 4,610
CLERK OF THIS COURT WITHIN FIVE (5) BUSINESS DAYS OF YOUR RECEIPT 4,611
OF IT, YOU WAIVE YOUR RIGHT TO A HEARING AT THIS TIME AND YOU MAY 4,612
BE REQUIRED TO GIVE UP THE PROPERTY SOUGHT WITHOUT A HEARING." 4,613
(C) The notice required by division (A) of this section 4,615
shall be served on the defendant in duplicate not less than seven 4,616
business days prior to the date on which the hearing is 4,617
scheduled, together with a copy of the complaint and summons, if 4,618
not previously served, and a copy of the motion for the 4,619
attachment of property and the affidavit attached to the motion, 4,620
in the same manner as provided in the Rules of Civil Procedure 4,621
for the service of process. Service may be effected by 4,622
publication as provided in the Rules of Civil Procedure except 4,623
110
that the number of weeks for publication may be reduced by the 4,624
court to the extent appropriate. 4,625
Sec. 3113.215. (A) As used in this section: 4,635
(1) "Income" means either of the following: 4,637
(a) For a parent who is employed to full capacity, the 4,639
gross income of the parent; 4,640
(b) For a parent who is unemployed or underemployed, the 4,642
sum of the gross income of the parent, and any potential income 4,643
of the parent. 4,644
(2) "Gross income" means, except as excluded in this 4,646
division, the total of all earned and unearned income from all 4,647
sources during a calendar year, whether or not the income is 4,648
taxable, and includes, but is not limited to, income from 4,649
salaries, wages, overtime pay and bonuses to the extent described 4,650
in division (B)(5)(d) of this section, commissions, royalties, 4,651
tips, rents, dividends, severance pay, pensions, interest, trust 4,652
income, annuities, social security benefits, workers' 4,653
compensation benefits, unemployment insurance benefits, 4,654
disability insurance benefits, benefits received by and in the 4,655
possession of the veteran who is the beneficiary for any 4,656
service-connected disability under a program or law administered 4,657
by the United States department of veterans' affairs or veterans' 4,658
administration, spousal support actually received from a person 4,659
not a party to the support proceeding for which actual gross 4,660
income is being determined, and all other sources of income; 4,661
income of members of any branch of the United States armed 4,662
services or national guard, including, but not limited to,
amounts representing base pay, basic allowance for quarters, 4,663
basic allowance for subsistence, supplemental subsistence 4,664
allowance, cost of living adjustment, specialty pay, variable 4,665
housing allowance, and pay for training or other types of 4,666
required drills; self-generated income; and potential cash flow 4,667
from any source. 4,668
"Gross income" does not include any of the following: 4,670
111
(a) Benefits received from means-tested public assistance 4,673
programs, including, but not limited to, Ohio works first; 4,675
prevention, retention, and contingency; supplemental security 4,676
income; food stamps; or disability assistance; 4,677
(b) Benefits for any service-connected disability under a 4,680
program or law administered by the United States department of 4,681
veterans' affairs or veterans' administration that have not been 4,682
distributed to the veteran who is the beneficiary of the benefits 4,683
and that are in the possession of the United States department of 4,684
veterans' affairs or veterans' administration;
(c) Child support received for children who were not born 4,687
or adopted during the marriage at issue; 4,688
(d) Amounts paid for mandatory deductions from wages other 4,691
than taxes, social security, or retirement in lieu of social 4,692
security, including, but not limited to, union dues; 4,693
(e) Nonrecurring or unsustainable income or cash flow 4,696
items.
(3) "Self-generated income" means gross receipts received 4,698
by a parent from self-employment, proprietorship of a business, 4,699
joint ownership of a partnership or closely held corporation, and 4,700
rents minus ordinary and necessary expenses incurred by the 4,701
parent in generating the gross receipts. "Self-generated income" 4,702
includes expense reimbursements or in-kind payments received by a 4,703
parent from self-employment, the operation of a business, or 4,704
rents, including, but not limited to, company cars, free housing, 4,705
reimbursed meals, and other benefits, if the reimbursements are 4,706
significant and reduce personal living expenses. 4,707
(4)(a) "Ordinary and necessary expenses incurred in 4,709
generating gross receipts" means actual cash items expended by 4,710
the parent or the parent's business and includes depreciation 4,712
expenses of replacement business equipment as shown on the books 4,713
of a business entity. 4,714
(b) Except as specifically included in "ordinary and 4,716
necessary expenses incurred in generating gross receipts" by 4,717
112
division (A)(4)(a) of this section, "ordinary and necessary 4,718
expenses incurred in generating gross receipts" does not include 4,719
depreciation expenses and other noncash items that are allowed as 4,720
deductions on any federal tax return of the parent or the 4,721
parent's business. 4,722
(5) "Potential income" means both of the following for a 4,724
parent that the court, or a child support enforcement agency 4,725
pursuant to sections 3111.20, 3111.211, and 3111.22 of the 4,727
Revised Code, determines is voluntarily unemployed or voluntarily 4,728
underemployed: 4,729
(a) Imputed income that the court or agency determines the 4,731
parent would have earned if fully employed as determined from the 4,732
parent's employment potential and probable earnings based on the 4,733
parent's recent work history, the parent's occupational 4,734
qualifications, and the prevailing job opportunities and salary 4,735
levels in the community in which the parent resides; 4,736
(b) Imputed income from any nonincome-producing assets of 4,738
a parent, as determined from the local passbook savings rate or 4,739
another appropriate rate as determined by the court or agency, 4,740
not to exceed the rate of interest specified in division (A) of 4,741
section 1343.03 of the Revised Code, if the income is 4,742
significant. 4,743
(6) "Child support order" means an order for the payment 4,745
of child support. 4,746
(7) "Combined gross income" means the combined gross 4,748
income of both parents. 4,749
(8) "Split parental rights and responsibilities" means a 4,751
situation in which there is more than one child who is the 4,752
subject of an allocation of parental rights and responsibilities 4,753
and each parent is the residential parent and legal custodian of 4,754
at least one of those children. 4,755
(9) "Schedule" means the basic child support schedule set 4,757
forth in division (D) of this section. 4,758
(10) "Worksheet" means the applicable worksheet that is 4,760
113
used to calculate a parent's child support obligation and that is 4,761
set forth in divisions (E) and (F) of this section. 4,762
(11) "Nonrecurring or unsustainable income or cash flow 4,764
item" means any income or cash flow item that the parent receives 4,765
in any year or for any number of years not to exceed three years 4,766
and that the parent does not expect to continue to receive on a 4,767
regular basis. "Nonrecurring or unsustainable income or cash 4,768
flow item" does not include a lottery prize award that is not 4,769
paid in a lump sum or any other item of income or cash flow that 4,770
the parent receives or expects to receive for each year for a 4,771
period of more than three years or that the parent receives and 4,772
invests or otherwise utilizes to produce income or cash flow for 4,773
a period of more than three years. 4,774
(12) "Extraordinary medical expenses" means any uninsured 4,776
medical expenses that are incurred for a child during a calendar 4,777
year and that exceed one hundred dollars for that child during 4,778
that calendar year. 4,779
(B)(1) In any action in which a child support order is 4,781
issued or modified under Chapter 3115. or section 2151.23, 4,782
2151.231, 2151.232, 2151.33, 2151.36, 2151.49, 3105.18, 3105.21, 4,783
3109.05, 3109.19, 3111.13, 3113.04, 3113.07, 3113.216, or 3113.31 4,785
of the Revised Code, in any other proceeding in which the court 4,786
determines the amount of child support that will be ordered to be 4,787
paid pursuant to a child support order, or when a child support 4,788
enforcement agency determines the amount of child support that 4,789
will be paid pursuant to an administrative child support order 4,790
issued pursuant to sections 3111.20, 3111.211, and 3111.22 of the 4,791
Revised Code, the court or agency shall calculate the amount of 4,793
the obligor's child support obligation in accordance with the 4,794
basic child support schedule in division (D) of this section, the 4,795
applicable worksheet in division (E) or (F) of this section, and 4,796
the other provisions of this section, shall specify the support 4,797
obligation as a monthly amount due, and shall order the support 4,798
obligation to be paid in periodic increments as it determines to 4,799
114
be in the best interest of the children. In performing its 4,800
duties under this section, the court or agency is not required to 4,801
accept any calculations in a worksheet prepared by any party to 4,802
the action or proceeding. In any action or proceeding in which 4,803
the court determines the amount of child support that will be 4,804
ordered to be paid pursuant to a child support order or when a 4,805
child support enforcement agency determines the amount of child 4,806
support that will be paid pursuant to an administrative child 4,807
support order issued pursuant to sections 3111.20, 3111.211, and 4,808
3111.22 of the Revised Code, the amount of child support that 4,809
would be payable under a child support order, as calculated 4,811
pursuant to the basic child support schedule in division (D) of 4,812
this section and pursuant to the applicable worksheet in division 4,813
(E) of this section, through line 24, or in division (F) of this 4,814
section, through line 23, is rebuttably presumed to be the 4,815
correct amount of child support due, and the court or agency 4,816
shall order that amount to be paid as child support unless both 4,817
of the following apply with respect to an order issued by a 4,818
court:
(a) The court, after considering the factors and criteria 4,820
set forth in division (B)(3) of this section, determines that the 4,821
amount calculated pursuant to the basic child support schedule 4,822
and pursuant to the applicable worksheet in division (E) of this 4,823
section, through line 24, or in division (F) of this section, 4,824
through line 23, would be unjust or inappropriate and would not 4,825
be in the best interest of the child. 4,826
(b) The court enters in the journal the amount of child 4,828
support calculated pursuant to the basic child support schedule 4,829
and pursuant to the applicable worksheet in division (E) of this 4,830
section, through line 24, or in division (F) of this section, 4,831
through line 23, its determination that that amount would be 4,832
unjust or inappropriate and would not be in the best interest of 4,833
the child, and findings of fact supporting that determination. 4,834
(2) In determining the amount of child support to be paid 4,836
115
under any child support order, the court, upon its own 4,837
recommendation or upon the recommendation of the child support 4,838
enforcement agency, shall or the child support enforcement 4,839
agency, pursuant to sections 3111.20, 3111.211, and 3111.22 of 4,841
the Revised Code, shall do all of the following: 4,842
(a) If the combined gross income of both parents is less 4,844
than six thousand six hundred dollars per year, the court or 4,845
agency shall determine the amount of the obligor's child support 4,846
obligation on a case-by-case basis using the schedule as a 4,847
guideline. The court or agency shall review the obligor's gross 4,848
income and living expenses to determine the maximum amount of 4,849
child support that it reasonably can order without denying the 4,850
obligor the means for self-support at a minimum subsistence level 4,851
and shall order a specific amount of child support, unless the 4,852
obligor proves to the court or agency that the obligor is totally 4,853
unable to pay child support and the court or agency determines 4,854
that it would be unjust or inappropriate to order the payment of 4,855
child support and enters its determination and supporting 4,856
findings of fact in the journal. 4,857
(b) If the combined gross income of both parents is 4,859
greater than one hundred fifty thousand dollars per year, the 4,860
court or agency shall determine the amount of the obligor's child 4,861
support obligation on a case-by-case basis and shall consider the 4,862
needs and the standard of living of the children who are the 4,863
subject of the child support order and of the parents. When the 4,864
court or agency determines the amount of the obligor's child 4,865
support obligation for parents with a combined gross income 4,866
greater than one hundred fifty thousand dollars, the court or 4,867
agency shall compute a basic combined child support obligation 4,868
that is no less than the same percentage of the parents' combined 4,869
annual income that would have been computed under the basic child 4,870
support schedule and under the applicable worksheet in division 4,871
(E) of this section, through line 24, or in division (F) of this 4,872
section, through line 23, for a combined gross income of one 4,873
116
hundred fifty thousand dollars, unless the court or agency 4,874
determines that it would be unjust or inappropriate and would not 4,875
be in the best interest of the child, obligor, or obligee to 4,876
order that amount and enters in the journal the figure, 4,877
determination, and findings. 4,878
(c) The court shall not order an amount of child support 4,880
that deviates from the amount of child support that would 4,881
otherwise result from the use of the basic child support schedule 4,882
and the applicable worksheet in division (E) of this section, 4,883
through line 24, or in division (F) of this section, through line 4,884
23, unless both of the following apply: 4,885
(i) The court, after considering the factors and criteria 4,887
set forth in division (B)(3) of this section, determines that the 4,888
amount calculated pursuant to the basic child support schedule 4,889
and pursuant to the applicable worksheet in division (E) of this 4,890
section, through line 24, or in division (F) of this section, 4,891
through line 23, would be unjust or inappropriate and would not 4,892
be in the best interest of the child; 4,893
(ii) The court enters in the journal the amount of child 4,895
support calculated pursuant to the basic child support schedule 4,896
and pursuant to the applicable worksheet in division (E) of this 4,897
section, through line 24, or in division (F) of this section, 4,898
through line 23, its determination that that amount would be 4,899
unjust or inappropriate and would not be in the best interest of 4,900
the child, and findings of fact supporting that determination. 4,901
(3) The court, in accordance with divisions (B)(1) and 4,903
(2)(c) of this section, may deviate from the amount of support 4,904
that otherwise would result from the use of the schedule and the 4,905
applicable worksheet in division (E) of this section, through 4,906
line 24, or in division (F) of this section, through line 23, in 4,907
cases in which the application of the schedule and the applicable 4,908
worksheet in division (E) of this section, through line 24, or in 4,909
division (F) of this section, through line 23, would be unjust or 4,910
inappropriate and would not be in the best interest of the child. 4,911
117
In determining whether that amount would be unjust or 4,912
inappropriate and would not be in the best interest of the child, 4,913
the court may consider any of the following factors and criteria: 4,914
(a) Special and unusual needs of the children; 4,916
(b) Extraordinary obligations for minor children or 4,918
obligations for handicapped children who are not stepchildren and 4,919
who are not offspring from the marriage or relationship that is 4,920
the basis of the immediate child support determination; 4,921
(c) Other court-ordered payments; 4,923
(d) Extended times of visitation or extraordinary costs 4,925
associated with visitation, provided that this division does not 4,926
authorize and shall not be construed as authorizing any deviation 4,927
from the schedule and the applicable worksheet in division (E) of 4,928
this section, through line 24, or in division (F) of this 4,929
section, through line 23, or any escrowing, impoundment, or 4,930
withholding of child support because of a denial of or 4,931
interference with a right of companionship or visitation granted 4,932
by court order; 4,933
(e) The obligor obtains additional employment after a 4,935
child support order is issued in order to support a second 4,936
family; 4,937
(f) The financial resources and the earning ability of the 4,939
child; 4,940
(g) Disparity in income between parties or households; 4,942
(h) Benefits that either parent receives from remarriage 4,944
or sharing living expenses with another person; 4,945
(i) The amount of federal, state, and local taxes actually 4,947
paid or estimated to be paid by a parent or both of the parents; 4,948
(j) Significant in-kind contributions from a parent, 4,950
including, but not limited to, direct payment for lessons, sports 4,951
equipment, schooling, or clothing; 4,952
(k) The relative financial resources, other assets and 4,954
resources, and needs of each parent; 4,955
(l) The standard of living and circumstances of each 4,957
118
parent and the standard of living the child would have enjoyed 4,958
had the marriage continued or had the parents been married; 4,959
(m) The physical and emotional condition and needs of the 4,961
child; 4,962
(n) The need and capacity of the child for an education 4,964
and the educational opportunities that would have been available 4,965
to the child had the circumstances requiring a court order for 4,966
support not arisen; 4,967
(o) The responsibility of each parent for the support of 4,969
others; 4,970
(p) Any other relevant factor. 4,972
The court may accept an agreement of the parents that 4,974
assigns a monetary value to any of the factors and criteria 4,975
listed in division (B)(3) of this section that are applicable to 4,976
their situation. 4,977
(4) If an obligor or obligee under a child support order 4,979
requests the court to modify the amount of support required to be 4,980
paid pursuant to the child support order, the court shall 4,981
recalculate the amount of support that would be required to be 4,982
paid under the support order in accordance with the schedule and 4,983
pursuant to the applicable worksheet in division (E) of this 4,984
section, through line 24, or in division (F) of this section, 4,985
through line 23, and if that amount as recalculated is more than 4,986
ten per cent greater than or more than ten per cent less than the 4,987
amount of child support that is required to be paid pursuant to 4,988
the existing child support order, the deviation from the 4,989
recalculated amount that would be required to be paid under the 4,990
schedule and the applicable worksheet in division (E) of this 4,991
section, through line 24, or in division (F) of this section, 4,992
through line 23, shall be considered by the court as a change of 4,993
circumstance that is substantial enough to require a modification 4,994
of the amount of the child support order. In determining 4,995
pursuant to this division the recalculated amount of support that 4,996
would be required to be paid under the support order for purposes 4,997
119
of determining whether that recalculated amount is more than ten 4,998
per cent greater than or more than ten per cent less than the 4,999
amount of child support that is required to be paid pursuant to 5,000
the existing child support order, the court shall consider, in 5,001
addition to all other factors required by law to be considered, 5,002
the cost of health insurance which the obligor, the obligee, or 5,003
both the obligor and the obligee have been ordered to obtain for 5,004
the children specified in the order. Additionally, if an obligor 5,005
or obligee under a child support order requests the court to 5,006
modify the amount of support required to be paid pursuant to the 5,007
child support order and if the court determines that the amount 5,008
of support does not adequately meet the medical needs of the 5,009
child, the inadequate coverage shall be considered by the court 5,010
as a change of circumstance that is substantial enough to require 5,011
a modification of the amount of the child support order. If the 5,012
court determines that the amount of child support required to be 5,013
paid under the child support order should be changed due to a 5,014
substantial change of circumstances that was not contemplated at 5,015
the time of the issuance of the original child support order or 5,016
the last modification of the child support order, the court shall 5,017
modify the amount of child support required to be paid under the 5,018
child support order to comply with the schedule and the 5,019
applicable worksheet in division (E) of this section, through 5,020
line 24, or in division (F) of this section, through line 23, 5,021
unless the court determines that the amount calculated pursuant 5,022
to the basic child support schedule and pursuant to the 5,023
applicable worksheet in division (E) of this section, through 5,024
line 24, or in division (F) of this section, through line 23, 5,025
would be unjust or inappropriate and would not be in the best 5,026
interest of the child and enters in the journal the figure, 5,027
determination, and findings specified in division (B)(2)(c) of 5,028
this section. 5,029
(5) When a court computes the amount of child support 5,031
required to be paid under a child support order or a child 5,032
120
support enforcement agency computes the amount of child support 5,033
to be paid pursuant to an administrative child support order 5,034
issued pursuant to section 3111.20, 3111.211, or 3111.22 of the 5,036
Revised Code, all of the following apply: 5,037
(a) The parents shall verify current and past income and 5,039
personal earnings with suitable documents, including, but not 5,040
limited to, paystubs, employer statements, receipts and expense 5,041
vouchers related to self-generated income, tax returns, and all 5,042
supporting documentation and schedules for the tax returns. 5,043
(b) The amount of any pre-existing child support 5,045
obligation of a parent under a child support order and the amount 5,046
of any court-ordered spousal support paid to a former spouse 5,047
shall be deducted from the gross income of that parent to the 5,048
extent that payment under the child support order or that payment 5,049
of the court-ordered spousal support is verified by supporting 5,050
documentation. 5,051
(c) If other minor children who were born to the parent 5,054
and a person other than the other parent who is involved in the 5,056
immediate child support determination live with the parent, the 5,057
court or agency shall deduct an amount from that parent's gross 5,058
income that equals the number of such minor children times the 5,059
federal income tax exemption for such children less child support 5,060
received for them for the year, not exceeding the federal income 5,061
tax exemption. 5,062
(d) When the court or agency calculates the gross income 5,064
of a parent, it shall include the lesser of the following as 5,065
income from overtime and bonuses: 5,066
(i) The yearly average of all overtime and bonuses 5,068
received during the three years immediately prior to the time 5,069
when the person's child support obligation is being computed; 5,070
(ii) The total overtime and bonuses received during the 5,072
year immediately prior to the time when the person's child 5,073
support obligation is being computed. 5,074
(e) When the court or agency calculates the gross income 5,076
121
of a parent, it shall not include any income earned by the spouse 5,077
of that parent. 5,078
(f) The court shall not order an amount of child support 5,081
for reasonable and ordinary uninsured medical or dental expenses 5,082
in addition to the amount of the child support obligation 5,083
determined in accordance with the schedule. The court shall 5,084
issue a separate order for extraordinary medical or dental 5,085
expenses, including, but not limited to, orthodontia,
psychological, appropriate private education, and other expenses, 5,086
and may consider the expenses in adjusting a child support order. 5,087
(g) When a court or agency calculates the amount of child 5,089
support to be paid pursuant to a child support order or an 5,090
administrative child support order, if the combined gross income 5,091
of both parents is an amount that is between two amounts set 5,092
forth in the first column of the schedule, the court or agency 5,093
may use the basic child support obligation that corresponds to 5,094
the higher of the two amounts in the first column of the 5,095
schedule, use the basic child support obligation that corresponds 5,096
to the lower of the two amounts in the first column of the 5,097
schedule, or calculate a basic child support obligation that is 5,098
between those two amounts and corresponds proportionally to the 5,099
parents' actual combined gross income. 5,100
(h) When the court or agency calculates gross income, the 5,102
court or agency, when appropriate, may average income over a 5,103
reasonable period of years. 5,104
(6)(a) If the court issues a shared parenting order in 5,106
accordance with section 3109.04 of the Revised Code, the court 5,107
shall order an amount of child support to be paid under the child 5,108
support order that is calculated in accordance with the schedule 5,109
and with the worksheet set forth in division (E) of this section, 5,110
through line 24, except that, if the application of the schedule 5,111
and the worksheet, through line 24, would be unjust or 5,112
inappropriate to the children or either parent and would not be 5,113
in the best interest of the child because of the extraordinary 5,114
122
circumstances of the parents or because of any other factors or 5,115
criteria set forth in division (B)(3) of this section, the court 5,116
may deviate from the amount of child support that would be 5,117
ordered in accordance with the schedule and worksheet, through 5,118
line 24, shall consider those extraordinary circumstances and 5,119
other factors or criteria if it deviates from that amount, and 5,120
shall enter in the journal the amount of child support calculated 5,121
pursuant to the basic child support schedule and pursuant to the 5,122
applicable worksheet, through line 24, its determination that 5,123
that amount would be unjust or inappropriate and would not be in 5,124
the best interest of the child, and findings of fact supporting 5,125
that determination. 5,126
(b) For the purposes of this division, "extraordinary 5,128
circumstances of the parents" includes, but is not limited to, 5,129
all of the following: 5,130
(i) The amount of time that the children spend with each 5,132
parent; 5,133
(ii) The ability of each parent to maintain adequate 5,135
housing for the children; 5,136
(iii) Each parent's expenses, including, but not limited 5,138
to, child care expenses, school tuition, medical expenses, and 5,139
dental expenses. 5,140
(7)(a) In any action in which a child support order is 5,142
issued or modified under Chapter 3115. or section 2151.23, 5,143
2151.231, 2151.232, 2151.33, 2151.36, 2151.49, 3105.18, 3105.21, 5,144
3109.05, 3109.19, 3111.13, 3113.04, or 3113.31 of the Revised 5,147
Code or in any other proceeding in which the court determines the 5,148
amount of child support that will be ordered to be paid pursuant 5,149
to a child support order and except as otherwise provided in this 5,150
division, the court shall issue a minimum support order requiring 5,151
the obligor to pay a minimum amount of fifty dollars a month for 5,152
child support under the child support order. The court, in its 5,153
discretion and in appropriate circumstances, may issue a minimum 5,154
support order requiring the obligor to pay an amount of child 5,155
123
support that is less than fifty dollars a month or not requiring 5,156
the obligor to pay an amount for support. The appropriate 5,157
circumstances for which a court may issue a minimum support order 5,158
requiring an obligor to pay an amount of child support that is 5,159
less than fifty dollars a month or not requiring the obligor to 5,160
pay an amount for support include, but are not limited to, the 5,161
nonresidential parent's medically verified or documented physical 5,162
or mental disability or institutionalization in a facility for 5,163
persons with a mental illness. If the court issues a minimum 5,164
support order pursuant to this division and the obligor under the 5,165
support order is the recipient of need-based public assistance, 5,166
any unpaid amounts of support due under the support order shall 5,167
accrue as arrearages from month to month, the obligor's current 5,168
obligation to pay the support due under the support order is 5,169
suspended during any period of time that the obligor is receiving 5,170
need-based public assistance and is complying with any seek work 5,171
orders issued pursuant to division (D)(4) of section 3113.21 of 5,172
the Revised Code, and the court, obligee, and child support 5,174
enforcement agency shall not enforce the obligation of the 5,175
obligor to pay the amount of support due under the support order 5,176
during any period of time that the obligor is receiving 5,177
need-based public assistance and is complying with any seek work 5,178
orders issued pursuant to division (D)(4) of section 3113.21 of 5,179
the Revised Code. 5,181
(b) Notwithstanding division (B)(7)(a) of this section, if 5,183
the amount of support payments that federal law requires or 5,184
permits to be disregarded in determining eligibility for aid 5,185
under Chapter 5107. of the Revised Code exceeds fifty dollars, 5,186
instead of fifty dollars the amount of a minimum support order 5,187
described in division (B)(7)(a) of this section shall be the 5,188
amount federal law requires or permits to be disregarded. 5,189
(C) Except when the parents have split parental rights and 5,191
responsibilities, a parent's child support obligation for a child 5,192
for whom the parent is the residential parent and legal custodian 5,193
124
shall be presumed to be spent on that child and shall not become 5,194
part of a child support order, and a parent's child support 5,195
obligation for a child for whom the parent is not the residential 5,196
parent and legal custodian shall become part of a child support 5,197
order. If the parents have split parental rights and 5,198
responsibilities, the child support obligations of the parents 5,199
shall be offset, and the court shall issue a child support order 5,200
requiring the parent with the larger child support obligation to 5,201
pay the net amount pursuant to the child support order. If 5,202
neither parent of a child who is the subject of a child support 5,203
order is the residential parent and legal custodian of the child 5,204
and the child resides with a third party who is the legal 5,205
custodian of the child, the court shall issue a child support 5,206
order requiring each parent to pay that parent's child support 5,208
obligation pursuant to the child support order. 5,209
Whenever a court issues a child support order, it shall 5,211
include in the order specific provisions for regular, holiday, 5,212
vacation, and special visitation in accordance with section 5,213
3109.05, 3109.11, or 3109.12 of the Revised Code or in accordance 5,214
with any other applicable section of the Revised Code. The court 5,215
shall not authorize or permit the escrowing, impoundment, or 5,216
withholding of any child support payment because of a denial of 5,217
or interference with a right of visitation included as a specific 5,218
provision of the child support order or as a method of enforcing 5,219
the specific provisions of the child support order dealing with 5,220
visitation. 5,221
(D) The following basic child support schedule shall be 5,223
used by all courts and child support enforcement agencies when 5,224
calculating the amount of child support that will be paid 5,225
pursuant to a child support order or an administrative child 5,226
support order, unless the combined gross income of the parents is 5,227
less than sixty-six hundred dollars or more than one hundred 5,228
fifty thousand dollars: 5,229
Basic Child Support Schedule 5,230
125
Combined 5,232
Gross Number of Children 5,234
Income One Two Three Four Five Six 5,237
6600 600 600 600 600 600 600 5,238
7200 600 600 600 600 600 600 5,239
7800 600 600 600 600 600 600 5,240
8400 600 600 600 600 600 600 5,241
9000 849 859 868 878 887 896 5,242
9600 1259 1273 1287 1301 1315 1329 5,243
10200 1669 1687 1706 1724 1743 1761 5,244
10800 2076 2099 2122 2145 2168 2192 5,245
11400 2331 2505 2533 2560 2588 2616 5,246
12000 2439 2911 2943 2975 3007 3039 5,247
12600 2546 3318 3354 3390 3427 3463 5,248
13200 2654 3724 3765 3806 3846 3887 5,249
13800 2761 4029 4175 4221 4266 4311 5,250
14400 2869 4186 4586 4636 4685 4735 5,251
15000 2976 4342 4996 5051 5105 5159 5,252
15600 3079 4491 5321 5466 5524 5583 5,253
16200 3179 4635 5490 5877 5940 6003 5,254
16800 3278 4780 5660 6254 6355 6423 5,255
17400 3378 4924 5830 6442 6771 6843 5,256
18000 3478 5069 5999 6629 7186 7262 5,257
18600 3578 5213 6169 6816 7389 7682 5,258
19200 3678 5358 6339 7004 7592 8102 5,259
19800 3778 5502 6508 7191 7796 8341 5,260
20400 3878 5647 6678 7378 7999 8558 5,261
21000 3977 5790 6847 7565 8201 8774 5,262
21600 4076 5933 7015 7750 8402 8989 5,263
22200 4176 6075 7182 7936 8602 9204 5,264
22800 4275 6216 7345 8116 8798 9413 5,265
23400 4373 6357 7509 8297 8994 9623 5,266
24000 4471 6498 7672 8478 9190 9832 5,267
24600 4570 6639 7836 8658 9386 10042 5,268
126
25200 4668 6780 8000 8839 9582 10251 5,269
25800 4767 6920 8163 9020 9778 10461 5,270
26400 4865 7061 8327 9200 9974 10670 5,271
27000 4963 7202 8490 9381 10170 10880 5,272
27600 5054 7332 8642 9548 10351 11074 5,273
28200 5135 7448 8776 9697 10512 11246 5,274
28800 5216 7564 8911 9845 10673 11418 5,275
29400 5297 7678 9045 9995 10833 11592 5,276
30000 5377 7792 9179 10143 10994 11764 5,277
30600 5456 7907 9313 10291 11154 11936 5,278
31200 5535 8022 9447 10439 11315 12107 5,279
31800 5615 8136 9581 10587 11476 12279 5,280
32400 5694 8251 9715 10736 11636 12451 5,281
33000 5774 8366 9849 10884 11797 12623 5,282
33600 5853 8480 9983 11032 11957 12794 5,283
34200 5933 8595 10117 11180 12118 12966 5,284
34800 6012 8709 10251 11328 12279 13138 5,285
35400 6091 8824 10385 11476 12439 13310 5,286
36000 6171 8939 10519 11624 12600 13482 5,287
36600 6250 9053 10653 11772 12761 13653 5,288
37200 6330 9168 10787 11920 12921 13825 5,289
37800 6406 9275 10913 12058 13071 13988 5,290
38400 6447 9335 10984 12137 13156 14079 5,291
39000 6489 9395 11055 12215 13242 14170 5,292
39600 6530 9455 11126 12294 13328 14261 5,293
40200 6571 9515 11197 12373 13413 14353 5,294
40800 6613 9575 11268 12451 13499 14444 5,295
41400 6653 9634 11338 12529 13583 14534 5,296
42000 6694 9693 11409 12607 13667 14624 5,297
42600 6735 9752 11479 12684 13752 14714 5,298
43200 6776 9811 11549 12762 13836 14804 5,299
43800 6817 9871 11619 12840 13921 14894 5,300
44400 6857 9930 11690 12917 14005 14985 5,301
45000 6898 9989 11760 12995 14090 15075 5,302
127
45600 6939 10049 11830 13073 14174 15165 5,303
46200 6978 10103 11897 13146 14251 15250 5,304
46800 7013 10150 11949 13203 14313 15316 5,305
47400 7048 10197 12000 13260 14375 15382 5,306
48000 7083 10245 12052 13317 14437 15448 5,307
48600 7117 10292 12103 13374 14498 15514 5,308
49200 7152 10339 12155 13432 14560 15580 5,309
49800 7187 10386 12206 13489 14622 15646 5,310
50400 7222 10433 12258 13546 14684 15712 5,311
51000 7257 10481 12309 13603 14745 15778 5,312
51600 7291 10528 12360 13660 14807 15844 5,313
52200 7326 10575 12412 13717 14869 15910 5,314
52800 7361 10622 12463 13774 14931 15976 5,315
53400 7396 10669 12515 13832 14992 16042 5,316
54000 7431 10717 12566 13889 15054 16108 5,317
54600 7468 10765 12622 13946 15120 16178 5,318
55200 7524 10845 12716 14050 15232 16298 5,319
55800 7582 10929 12814 14159 15350 16425 5,320
56400 7643 11016 12918 14273 15474 16558 5,321
57000 7704 11104 13021 14388 15598 16691 5,322
57600 7765 11192 13125 14502 15722 16824 5,323
58200 7825 11277 13225 14613 15842 16953 5,324
58800 7883 11361 13324 14723 15961 17079 5,325
59400 7941 11445 13423 14832 16079 17206 5,326
60000 8000 11529 13522 14941 16197 17333 5,327
60600 8058 11612 13620 15050 16315 17460 5,328
61200 8116 11696 13719 15160 16433 17587 5,329
61800 8175 11780 13818 15269 16552 17714 5,330
62400 8233 11864 13917 15378 16670 17840 5,331
63000 8288 11945 14011 15481 16783 17958 5,332
63600 8344 12024 14102 15582 16893 18075 5,333
64200 8399 12103 14194 15683 17002 18193 5,334
64800 8454 12183 14285 15784 17111 18310 5,335
65400 8510 12262 14376 15885 17220 18427 5,336
128
66000 8565 12341 14468 15986 17330 18544 5,337
66600 8620 12421 14559 16087 17439 18661 5,338
67200 8676 12500 14650 16188 17548 18778 5,339
67800 8731 12579 14741 16289 17657 18895 5,340
68400 8786 12659 14833 16390 17767 19012 5,341
69000 8842 12738 14924 16491 17876 19129 5,342
69600 8897 12817 15015 16592 17985 19246 5,343
70200 8953 12897 15107 16693 18094 19363 5,344
70800 9008 12974 15196 16791 18201 19476 5,345
71400 9060 13047 15281 16885 18302 19585 5,346
72000 9111 13120 15366 16979 18404 19694 5,347
72600 9163 13194 15451 17073 18506 19803 5,348
73200 9214 13267 15536 17167 18608 19912 5,349
73800 9266 13340 15621 17261 18709 20021 5,350
74400 9318 13413 15706 17355 18811 20130 5,351
75000 9369 13487 15791 17449 18913 20239 5,352
75600 9421 13560 15876 17543 19015 20347 5,353
76200 9473 13633 15961 17636 19116 20456 5,354
76800 9524 13707 16046 17730 19218 20565 5,355
77400 9576 13780 16131 17824 19320 20674 5,356
78000 9627 13853 16216 17918 19422 20783 5,357
78600 9679 13927 16300 18012 19523 20892 5,358
79200 9731 14000 16385 18106 19625 21001 5,359
79800 9782 14073 16470 18200 19727 21109 5,360
80400 9834 14147 16555 18294 19829 21218 5,361
81000 9885 14220 16640 18387 19930 21326 5,362
81600 9936 14292 16723 18480 20030 21434 5,363
82200 9987 14364 16807 18573 20131 21541 5,364
82800 10038 14439 16891 18665 20235 21651 5,365
83400 10090 14514 16979 18762 20340 21763 5,366
84000 10142 14589 17066 18859 20444 21875 5,367
84600 10194 14663 17154 18956 20549 21987 5,368
85200 10246 14738 17241 19052 20653 22099 5,369
85800 10298 14813 17329 19149 20758 22211 5,370
129
86400 10350 14887 17417 19246 20863 22323 5,371
87000 10403 14962 17504 19343 20967 22435 5,372
87600 10455 15037 17592 19440 21072 22547 5,373
88200 10507 15111 17679 19537 21176 22659 5,374
88800 10559 15186 17767 19633 21281 22771 5,375
89400 10611 15261 17855 19730 21386 22883 5,376
90000 10663 15335 17942 19827 21490 22995 5,377
90600 10715 15410 18030 19924 21595 23107 5,378
91200 10767 15485 18118 20021 21700 23219 5,379
91800 10819 15559 18205 20118 21804 23331 5,380
92400 10872 15634 18293 20215 21909 23443 5,381
93000 10924 15709 18380 20311 22013 23555 5,382
93600 10976 15783 18468 20408 22118 23667 5,383
94200 11028 15858 18556 20505 22223 23779 5,384
94800 11080 15933 18643 20602 22327 23891 5,385
95400 11132 16007 18731 20699 22432 24003 5,386
96000 11184 16082 18818 20796 22536 24115 5,387
96600 11236 16157 18906 20892 22641 24227 5,388
97200 11289 16231 18994 20989 22746 24339 5,389
97800 11341 16306 19081 21086 22850 24451 5,390
98400 11393 16381 19169 21183 22955 24563 5,391
99000 11446 16450 19255 21279 23062 24676 5,392
99600 11491 16516 19334 21366 23156 24777 5,393
100200 11536 16583 19413 21453 23250 24878 5,394
100800 11581 16649 19491 21539 23345 24978 5,395
101400 11625 16714 19569 21625 23437 25077 5,396
102000 11670 16779 19646 21710 23530 25177 5,397
102600 11714 16844 19724 21796 23623 25276 5,398
103200 11759 16909 19801 21881 23715 25375 5,399
103800 11803 16974 19879 21967 23808 25475 5,400
104400 11847 17039 19956 22052 23901 25574 5,401
105000 11892 17104 20034 22138 23994 25673 5,402
105600 11934 17167 20108 22220 24083 25769 5,403
106200 11979 17232 20186 22305 24176 25868 5,404
130
106800 12023 17297 20263 22391 24269 25968 5,405
107400 12068 17362 20341 22476 24361 26067 5,406
108000 12110 17425 20415 22559 24451 26162 5,407
108600 12155 17490 20493 22644 24543 26262 5,408
109200 12199 17555 20570 22730 24636 26361 5,409
109800 12243 17620 20648 22815 24729 26460 5,410
110400 12286 17683 20722 22897 24818 26556 5,411
111000 12331 17748 20800 22983 24911 26655 5,412
111600 12375 17813 20877 23068 25004 26755 5,413
112200 12419 17878 20955 23154 25096 26854 5,414
112800 12462 17941 21029 23236 25186 26949 5,415
113400 12506 18006 21107 23322 25278 27049 5,416
114000 12551 18071 21184 23407 25371 27148 5,417
114600 12595 18136 21262 23493 25464 27247 5,418
115200 12640 18202 21339 23578 25557 27347 5,419
115800 12682 18264 21414 23660 25646 27442 5,420
116400 12727 18329 21491 23746 25739 27542 5,421
117000 12771 18394 21569 23831 25832 27641 5,422
117600 12815 18460 21646 23917 25924 27740 5,423
118200 12858 18522 21721 23999 26013 27836 5,424
118800 12902 18587 21798 24084 26106 27935 5,425
119400 12947 18652 21876 24170 26199 28034 5,426
120000 12991 18718 21953 24256 26292 28134 5,427
120600 13034 18780 22028 24338 26381 28229 5,428
121200 13078 18845 22105 24423 26474 28329 5,429
121800 13123 18910 22183 24509 26567 28428 5,430
122400 13167 18976 22260 24594 26659 28527 5,431
123000 13210 19038 22335 24676 26749 28623 5,432
123600 13254 19103 22412 24762 26841 28722 5,433
124200 13299 19168 22490 24847 26934 28821 5,434
124800 13343 19234 22567 24933 27027 28921 5,435
125400 13386 19296 22642 25015 27116 29016 5,436
126000 13430 19361 22719 25101 27209 29115 5,437
126600 13474 19426 22797 25186 27302 29215 5,438
131
127200 13519 19492 22874 25272 27395 29314 5,439
127800 13561 19554 22949 25354 27484 29410 5,440
128400 13606 19619 23026 25439 27576 29509 5,441
129000 13650 19684 23104 25525 27669 29608 5,442
129600 13695 19750 23181 25610 27762 29708 5,443
130200 13739 19815 23259 25696 27855 29807 5,444
130800 13783 19879 23335 25780 27946 29905 5,445
131400 13828 19945 23414 25868 28041 30007 5,446
132000 13874 20012 23494 25955 28136 30108 5,447
132600 13919 20079 23573 26043 28231 30210 5,448
133200 13963 20143 23649 26127 28323 30308 5,449
133800 14008 20210 23729 26215 28418 30410 5,450
134400 14054 20276 23808 26302 28513 30511 5,451
135000 14099 20343 23887 26390 28608 30613 5,452
135600 14143 20407 23964 26474 28699 30711 5,453
136200 14188 20474 24043 26561 28794 30813 5,454
136800 14234 20541 24123 26649 28889 30914 5,455
137400 14279 20607 24202 26737 28984 31016 5,456
138000 14323 20671 24278 26821 29075 31114 5,457
138600 14368 20738 24358 26908 29170 31215 5,458
139200 14414 20805 24437 26996 29265 31317 5,459
139800 14459 20872 24516 27083 29361 31419 5,460
140400 14503 20936 24593 27168 29452 31517 5,461
141000 14549 21002 24672 27255 29547 31618 5,462
141600 14594 21069 24751 27343 29642 31720 5,463
142200 14639 21136 24831 27430 29737 31822 5,464
142800 14683 21200 24907 27515 29828 31920 5,465
143400 14729 21267 24986 27602 29923 32021 5,466
144000 14774 21333 25066 27690 30018 32123 5,467
144600 14820 21400 25145 27777 30113 32225 5,468
145200 14865 21467 25225 27865 30208 32327 5,469
145800 14909 21531 25301 27949 30300 32424 5,470
146400 14963 21596 25377 28041 30396 32526 5,471
147000 15006 21659 25452 28124 30486 32622 5,472
132
147600 15049 21722 25527 28207 30576 32718 5,473
148200 15090 21782 25599 28286 30662 32810 5,474
148800 15133 21845 25674 28369 30752 32907 5,475
149400 15176 21908 25749 28452 30842 33003 5,476
150000 15218 21971 25823 28534 30931 33099 5,477
(E) When a court or child support enforcement agency 5,480
calculates the amount of child support that will be required to 5,481
be paid pursuant to a child support order or an administrative 5,482
child support order in a proceeding in which one parent is the 5,483
residential parent and legal custodian of all of the children who 5,484
re ARE the subject of the child support order or the court issues 5,486
a shared parenting order, the court or child support enforcement 5,487
agency shall use a worksheet that is identical in content and 5,488
form to the following worksheet: 5,489
"Worksheet 5,490
............... County Domestic Relations Court (or) 5,491
............... County Child Support Enforcement Agency 5,492
Child Support Computation 5,493
Sole Residential Parent or 5,494
Shared Parenting Order 5,495
Name of parties ................................................. 5,497
Case No. .......... 5,499
Number of minor children ...... The following parent was 5,501
designated as the residential parent and legal custodian 5,502
(disregard if shared parenting order): 5,503
............. mother; ............ father. 5,505
Father has ..... pay periods annually; mother has ..... pay 5,507
periods annually. 5,508
Column I Column II Column III 5,510
Father Mother Combined
1a. Annual gross income from 5,513
employment or, when
determined appropriate by 5,514
the court or agency,
133
average annual gross income
from employment over a
reasonable period of years 5,515
(exclude overtime AND
bonuses)................... $...... $...... 5,517
b. Amount of overtime and 5,518
bonuses Father Mother 5,519
Yr. 3 5,520
(Three years ago) $...... $...... 5,522
Yr. 2 5,523
(Two years ago) $...... $...... 5,525
Yr. 1 5,526
(Last calendar year) $...... $...... 5,528
Average: $...... $...... 5,530
(Include in Column I and/or 5,531
Column II the average of
the three years or the year 5,532
1 amount, whichever is
less, if there exists a
reasonable expectation that 5,533
the total earnings from
overtime and/or bonuses
during the current calendar 5,535
year will meet or exceed
the amount that is the
lower of the average of the 5,536
three years or the year 1
amount. If, however, there
exists a reasonable expect 5,537
ation EXPECTATION that the
total earnings from
overtime/bonuses during the 5,539
current calendar year will
be less than the lower of
134
the average of the three 5,540
years or the year 1 amount,
include only the amount
reasonably expected to be 5,541
earned this year.)......... $...... $...... 5,542
2. Annual income from interest 5,543
and dividends (whether or
not taxable)............... $...... $...... 5,545
3. Annual income from 5,546
unemployment compensation.. $...... $...... 5,547
4. Annual income from workers' 5,548
compensation or disability
in surance INSURANCE 5,549
benefits................... $...... $...... 5,551
5. Other annual income 5,552
(identify)................. $...... $...... 5,553
6. Total annual gross income 5,554
(add lines 1-5)............ $...... $...... 5,555
7. Annual court-ordered support 5,556
paid for other children.... $...... $...... 5,557
8. Adjustment for minor 5,558
children born to either
parent and another parent, 5,559
which children are living
with this parent (number of
children times federal 5,560
income tax exemption less
child support received for
the year, not to exceed the 5,561
federal tax exemption)..... $...... $...... 5,562
9. Annual court-ordered spousal 5,563
support paid to a former
spouse..................... $...... $...... 5,565
135
10. Amount of local income taxes 5,566
actually paid or estimated
to be paid................. $...... $...... 5,568
11. For self-employed 5,569
individuals, deduct 5.6% of
adjusted gross income or 5,570
the actual marginal
difference between the
actual rate paid by the
self-employed individual 5,571
and the F.I.C.A. rate...... $...... $...... 5,572
12. For self-employed 5,573
individuals, deduct
ordinary and necessary
business expenses.......... $...... $...... 5,575
13. Total gross income adjust 5,576
ments ADJUSTMENTS (add
lines 7-12)................ $...... $...... 5,578
14. Adjusted annual gross income 5,579
(subtract line 13 from line
6)......................... $...... $...... 5,581
15. Combined annual income that 5,582
is basis for child support
order (add line 14, Col. I 5,583
and Col. II)............... $...... $...... 5,584
16. Percentage parent's income 5,585
to total income
a. Father (divide line 14, Col. 5,586
I by line 15, Col. III) .........% 5,587
b. Mother (divide line 14, Col. 5,588
II by line 15, Col. III) .......... + .......% = 100% 5,589
17. Basic combined child support 5,590
obligation (Refer to basic
child support schedule in 5,591
136
division (D) of section
3113.215 of the Revised
Code; in the first column 5,592
of the schedule, locate the
sum that is nearest to the
combined annual income 5,593
listed in line 15, Col. III
of this worksheet, then
refer to the column of the 5,594
schedule that corresponds
to the number of children
in this family. If the 5,595
income of the parents is
more than one sum, and less
than another sum, in the 5,596
first column of the
schedule, you may calculate
the basic combined child 5,597
support obligation based
upon the obligation for
those two sums.)........... $...... $...... 5,599
18. Annual child care expenses 5,600
for the children who are
the subject of this order 5,601
that are work, employment
training, or education 5,602
related, as approved by the
court or agency (deduct the
tax credit from annual 5,603
cost, whether or not
claimed)................... $...... $...... 5,604
19. Marginal, out-of-pocket 5,605
costs, necessary to provide
for health insurance for 5,606
137
the children who are the
subject of this order...... $...... $...... 5,607
20. Total child care and medical 5,608
expenses (add lines 18 and
19, Column I and Column II). $...... $...... 5,610
21. Combined annual child 5,611
support obligation for this
family (add lines 17 and 5,612
20, Column I and Column II). $...... $...... 5,613
22. Annual support 5,614
obligation/parent
a. Father (multiply line 21, 5,615
Col. III, by line 16a)..... $...... 5,616
b. Mother (multiply line 21, 5,617
Col. III, by line 16b)..... $...... 5,618
23. Adjustment for actual ex 5,619
penses EXPENSES paid for
annual child care expenses 5,620
and marginal, out-of-pocket 5,621
costs, necessary to provide
for health insurance (enter 5,623
number from line 18 or 19
if applicable)............. $...... $...... 5,624
24. Actual annual obligation 5,625
(subtract line 23 from line
22a or 22b)................ $...... $...... 5,627
25. Gross household income per 5,628
party after exchange of
child support (add lines 14 5,630
and 24 Column I or II for
residential parent or, in 5,631
the case of shared 5,632
parenting order, the parent
to whom child support will
138
be paid; subtract line 24 5,633
Column I or II from line 14
for parent who is not the
residential parent or, in 5,634
the case of shared
parenting order, the parent
who will pay child support). $...... $...... 5,636
26. Comments, rebuttal, or 5,637
adjustments to correct
figures in lines 24, Column 5,638
I and 24, Column II if they
would be unjust or
inappropriate and would not 5,639
be in best interest of the
child or children (specific
facts to support
adjustments must be 5,640
included).................. $...... $...... 5,641
................................................................. 5,643
................................................................. 5,644
................................................................. 5,645
(Addendum sheet may be attached) 5,646
27. Final figure (this amount 5,648
reflects final annual child
support obligation)........ $...... father/mother 5,650
obligor
28. For decree: child support 5,653
per child per week or per
month (divide obligor's 5,654
annual share, Line LINE 27,
by 12 or 52 and by number
of children)............... $...... 5,657
29. For deduction order: child 5,658
support per pay period
139
(calculate support per pay 5,659
period from figure on line
28) plus appropriate
processing charge.$........ $...... 5,661
Calculations have been reviewed. 5,664
Signatures .............................. 5,666
Father 5,667
I do/do not consent. 5,668
Sworn to before me and subscribed in my presence, this 5,670
..... day of .........., 19.... 5,671
.............................. 5,673
Notary Public 5,674
.............................. 5,675
Mother 5,676
I do/do not consent. 5,677
Sworn to before me and subscribed in my presence, this 5,680
..... day of .........., 19.... 5,681
.............................. 5,682
Notary Public 5,683
.............................. .............................. 5,684
Attorney for Father Attorney for Mother" 5,686
(F) When a court or child support enforcement agency 5,689
calculates the amount of child support that will be required to 5,690
be paid pursuant to a child support order in a proceeding in 5,691
which both parents have split parental rights and 5,692
responsibilities with respect to the children who are the subject 5,693
of the child support order, the court or child support 5,694
enforcement agency shall use a worksheet that is identical in 5,695
content and form to the following worksheet: 5,696
"Worksheet 5,697
............... County Domestic Relations Court (or) 5,698
............... County Child Support Enforcement Agency 5,699
Child Support Computation 5,700
Split Parental Rights and Responsibilities 5,701
140
Name of parties ............................. 5,703
Case No. .......... 5,705
Number of minor children ...... The following parent was 5,707
designated residential parent and legal custodian: 5,708
............ mother; ............ father. 5,710
Father has ..... pay periods annually; mother has ..... pay 5,712
periods annually.
Column I Column II Column III 5,714
Father Mother Combined
1a. Annual gross income from 5,717
employment or, when
determined to BE
APPROPRIATE BY THE COURT OR 5,718
agency, average annual
gross income from
employment over a 5,719
reasonable period of years
(exclude overtime and
bonuses)................... $...... $...... 5,721
b. Amount of overtime and 5,722
bonuses Father Mother 5,723
Yr. 3 5,724
(Three years ago) $...... $...... 5,725
Yr. 2 5,726
(Two years ago) $...... $...... 5,727
Yr. 1 5,728
(Last calendar year) $...... $...... 5,729
Average: $...... $...... 5,730
(Include in Column I and/or 5,731
Column II the average of
the three years or the year 5,732
1 amount, whichever is
less, if there exists a
reasonable expectation that 5,733
141
the total earnings from
overtime and/or bonuses 5,734
during the current calendar
year will meet or exceed
the amount that is the 5,735
lower of the average of the
three years or the year 1
amount. If, however, there 5,736
exists a reasonable 5,737
expectation that the total
earnings from
overtime/bonuses during the 5,738
current calendar year will
be less than the lower of
the average of the three 5,739
years or the year 1 amount,
include only the amount
reasonably expected to be 5,741
earned this year.)......... $...... $....... 5,742
2. Annual income from interest 5,743
and dividends (whether or
not taxable)............... $...... $...... 5,745
3. Annual income from 5,746
unemployment compensation.. $...... $...... 5,747
4. Annual income from workers' 5,748
compensation or disability
insurance benefits......... $...... $...... 5,750
5. Other annual income 5,751
(identify)................. $...... $...... 5,752
6. Total annual gross income 5,753
(add lines 1-5)............ $...... $...... 5,754
7. Annual court-ordered support 5,755
paid for other children.... $...... $...... 5,757
142
8. Adjustment for minor 5,758
children born to either
parent and another parent, 5,759
which children are living
with this parent (number of
children times federal 5,760
income tax exemption less
child support received for
the year, not to exceed the 5,761
federal tax exemption)..... $...... $...... 5,762
9. Annual court-ordered spousal 5,763
support paid to a former
spouse..................... $...... $...... 5,765
10. Amount of local income taxes 5,766
actually paid or estimated
to be paid................. $...... $...... 5,768
11. For self-employed 5,769
individuals, deduct 5.6% of
adjusted gross income or 5,770
the actual marginal
difference between the
actual rate paid by the
self-employed in dividual 5,771
INDIVIDUAL and the F.I.C.A.
rate....................... $...... $...... 5,773
12. For self-employed 5,774
individuals, deduct
ordinary and necessary
business expenses.......... $...... $...... 5,776
13. Total gross income 5,777
adjustments (add lines
7-12)...................... $...... $...... 5,778
14. Adjusted annual gross income 5,779
(subtract line 13 from line
143
6)......................... $...... $...... 5,781
15. Combined annual income that 5,782
is basis for child support
order (add line 14, Col. I 5,783
and Col. II)............... $...... $..... 5,784
16. Percentage parent's income 5,785
to total income
a. Father (divide line 14, Col. 5,786
I by line 15, Col. III) .........% 5,787
b. Mother (divide line 14, Col. 5,788
II by line 15, Col. III)... + .......% = 100% 5,789
17. Basic combined child support 5,790
obligation/household
a. For children for whom the 5,791
father is the residential
parent and legal custodian 5,792
(Refer to basic child
support schedule in
division (D) of section 5,793
3113.215 of the Revised
Code; in the first column
of the schedule, locate the 5,794
sum that is nearest to the
combined annual income
listed in line 15, Col. III 5,795
of this worksheet, then
refer to the column of the
schedule that corresponds 5,796
to the number of children
for whom the father is the
residential parent and 5,797
legal custodian. If the
income of the parents is
more than one sum, and less 5,798
144
than another sum, in the
first column of the
schedule, you may calculate 5,799
the basic combined child
support obligation based
upon the obligation for 5,800
those two sums.)........... $...... 5,801
b. For children for whom the 5,802
mother is the residential
parent and the legal 5,803
custodian. (Refer to basic
child support schedule in
division (D) of section 5,804
3113.215 of the Revised
Code; in the first column 5,805
of the schedule, locate the
sum that is nearest to the
combined annual income 5,806
listed in line 15, Col. III
of this worksheet, then
refer to the column of the 5,807
schedule that corresponds
to the number of children
for whom the mother is the 5,808
residential parent and the 5,809
legal custodian. If the
income of the parents is
more than one sum, and less 5,810
than another sum, in the
first column of the
schedule, you may calculate 5,811
the basic combined child
support obligation based
upon the obligation for 5,812
145
those two sums.)........... $...... 5,813
18. Annual child care expenses 5,814
for the children who are
the subject of this order 5,815
that are work, employment
training, or education 5,816
related, as approved by the
court or agency (deduct the
tax credit from annual 5,817
cost, whether or not
claimed)
a. Expenses paid by the father. $...... $...... 5,819
b. Expenses paid by the mother. $...... 5,821
19. Marginal, out-of-pocket 5,822
costs, necessary to provide
for health insurance for 5,823
the children who are the
subject of this order
a. Costs paid by the father.... $...... $...... 5,825
b. Costs paid by the mother.... $...... 5,827
20. Total annual child care and 5,828
medical expenses
a. Of father (add lines 18a and 5,829
19a)....................... $...... $...... 5,830
b. Of mother (add lines 18b and 5,831
19b)....................... $...... 5,832
21. Total annual child support 5,833
obligation
a. Of father for child(ren) for 5,834
whom the mother is the
residential parent and 5,835
legal custodian (add lines
20a and 17b and multiply by
line 16a).................. $...... $...... 5,837
146
b. Of mother for child(ren) for 5,838
whom the father is the
residential parent and 5,839
legal custodian (add lines
20b and 17a and multiply by 5,840
line 16b).................. $...... 5,841
22. Adjustment for actual 5,842
expenses paid for annual
child care expenses, and 5,843
marginal, out-of-pocket
costs, necessary to provide
for health insurance
a. For father (enter number 5,844
from line 20a)............. $...... $...... 5,845
b. For mother (enter number 5,846
from line 20b)............. $...... 5,847
23. Actual annual obligation 5,848
(subtract line 22a from
line 21a and insert in 5,849
Column I; subtract line 22b
from line 21b and insert in
Column II)................. $...... $...... 5,851
24. Net annual support 5,852
obligation (greater amount
on line 23 Column I or line 5,853
23 Column II minus lesser
amount on line 23 Column I
or line 23 Column II)...... $...... $...... 5,855
25. Gross household income per 5,856
party after exchange of
child support.............. $...... $...... 5,858
(add line 14 and line 24 5,859
for the parent receiving a
child support payment; 5,860
147
subtract line 24 from line
14 for the parent making a
child support payment) 5,861
26. Comments, rebuttal, or ad 5,862
ustments ADJUSTMENTS to
correct figures in lines 5,863
24, Column I and 24, Column 5,864
II if they would be unjust
or inappropriate and would
not be in best interest of 5,865
the children (specific
facts to support
adjustments must be 5,866
included).................. $...... $...... 5,867
................................................................. 5,869
................................................................. 5,870
................................................................. 5,871
(Addendum sheet may be attached) 5,872
27. Final figure (this amount 5,874
reflects final annual child
support obligation)........ $...... father/mother 5,876
obligor
28. For decree: child support 5,879
per child per week or per
month (divide obligor's 5,880
annual share, line 27, by
12 or 52 and by the number
of children)............... $...... 5,882
29. For deduction order: child 5,883
support per day (calculate
support per pay period from 5,884
figure on line 28) and add
appropriate processing 5,885
charge. $...... 5,886
148
Calculations have been reviewed. 5,889
Signatures .............................. 5,891
Father 5,892
I do/do not consent. 5,893
Sworn to before me and subscribed in my presence, this 5,896
..... day of .........., 19.... 5,897
.............................. 5,899
Notary Public 5,900
.............................. 5,901
Mother 5,902
I do/do not consent. 5,903
Sworn to before me and subscribed in my presence, this 5,906
..... day of .........., 19.... 5,907
.............................. 5,909
Notary Public 5,910
.............................. .............................. 5,911
Attorney for Father Attorney for Mother" 5,912
(G) At least once every four years, the department of job 5,916
and family services shall review the basic child support schedule
set forth in division (D) of this section to determine whether 5,917
support orders issued in accordance with the schedule and the 5,918
applicable worksheet in division (E) of this section, through 5,919
line 24, or in division (F) of this section, through line 23, 5,920
adequately provide for the needs of the children who are subject 5,921
to the support orders, prepare a report of its review, and submit 5,922
a copy of the report to both houses of the general assembly. For 5,923
each review, the department shall establish a child support 5,924
guideline advisory council to assist the department in the 5,926
completion of its reviews and reports. Each council shall be 5,928
composed of obligors, obligees, judges of courts of common pleas
who have jurisdiction over domestic relations cases, attorneys 5,929
whose practice includes a significant number of domestic 5,930
relations cases, representatives of child support enforcement 5,931
agencies, other persons interested in the welfare of children, 5,932
149
three members of the senate appointed by the president of the 5,933
senate, no more than two of whom are members of the same party, 5,934
and three members of the house of representatives appointed by 5,935
the speaker of the house, no more than two of whom are members of 5,936
the same party. The department shall consider input from the 5,937
council prior to the completion of any report under this section. 5,939
The advisory council shall cease to exist at the time that it 5,940
submits its report to the general assembly. Any expenses 5,941
incurred by an advisory council shall be paid by the department. 5,942
On or before March 1, 1993, the department shall submit its 5,944
initial report under this division to both houses of the general 5,945
assembly. On or before the first day of March of every fourth 5,946
year after 1993, the department shall submit a report under this 5,947
division to both houses of the general assembly. 5,948
Section 6. That the existing versions of sections 2715.041 5,950
and 3113.215 of the Revised Code that were to take effect on July 5,951
1, 2000, are hereby repealed.
Section 7. This act is hereby declared to be an emergency 5,953
measure necessary for the immediate preservation of the public 5,954
peace, health, and safety. The reason for the necessity is that 5,955
immediate action is required to allow for the timely adoption by 5,956
the Legislative Service Commission of rules establishing a
legislative drafting format and to correct dates beginning with 5,957
"19" in forms set by state law. Therefore, this act shall go 5,958
into immediate effect. 5,959