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