REPRESENTATIVES Raga, Willamowski, Grendell, Manning, Jones, Latta, DePiero, Seitz, Allen, Barrett, Carano, Beatty, DeWine, Gilb, Niehaus, Fessler, Flowers, Hughes, Key, Kilbane, Woodard, Barnes, Hagan, Evans, Latell, Patton, Husted, Williams, Schmidt, Buehrer, Roman, Faber, Young, Aslanides, Flannery, White, Collier, Peterson, Coates, Webster, Perry, Cirelli, S. Smith, G. Smith, Widowfield, Strahorn, Reidelbach, Hollister, D. Miller, R. Miller, Boccieri, Sferra, Otterman, Womer Benjamin, Salerno

To amend section 3119.961 and to enact section

1

3121.441 of the Revised Code to give courts

2

authority to permit direct payment of spousal

3

support in cases involving no minor children,

4

instead of requiring payment through the Department

5

of Job and Family Services and to clarify the court

6

of common pleas' jurisdiction in a motion for

7

relief from a final judgment or administrative

8

determination of parentage or related child

9

support.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That section 3119.961 be amended and section	11
3121.441 of the Revised Code be enacted to read as follows:	12

Sec. 3119.961.  (A) Notwithstanding the provisions to the	13
contrary in civil ruleCivil Rule 60(B) and in accordance with	14
this section, a person may file a motion for relief from a final	15
judgment, court order, or administrative determination or order	16
that determines that the person or a male minor referred to in	17
division (B) of section 3109.19 of the Revised Code is the father	18
of a child or from a child support order under which the person or	19
male minor is the obligor. TheExcept as otherwise provided in	20
this section, the person shall file the motion in the juvenile	21
division of the court or other court with jurisdiction under	22
section 2101.022 or 2301.03 of the Revised Codeof common pleas of	23
the county in which the original judgment, court order,	24
administrative determination or order, or child support order was	25
made, except that, ifor issued or in the division of the court of	26
common pleas of the county that has jurisdiction involving the	27
administrative determination or order. If the determination of	28
paternity is an acknowledgment of paternity that has become final	29
under section 2151.232, 3111.25, or 3111.821 of the Revised Code	30
or former section 3111.211 or 5101.314 of the Revised Code, the	31
person shall file the motion in the juvenile court or other court	32
with jurisdiction of the county in which the person or the child	33
who is the subject of the acknowledgment resides.	34

(B) On the motion of any adverse party or on its own motion,	35
the court in which an action is brought under this section may	36
transfer the action to the county in which an adverse party	37
resides when it appears to the court that the location of the	38
original venue presents a hardship for that adverse party.	39

Sec. 3121.441. (A) Notwithstanding the provisions of this	40
chapter, Chapters 3119., 3123., and 3125., and sections 3770.071	41
and 5107.20 of the Revised Code providing for the office of child	42
support in the department of job and family services to collect,	43
withhold, or deduct spousal support, when a court pursuant to	44
section 3105.18 or 3105.65 of the Revised Code issues or modifies	45
an order requiring an obligor to pay spousal support or grants or	46
modifies a decree of dissolution of marriage incorporating a	47
separation agreement that provides for spousal support, or at any	48
time after the issuance, granting, or modification of an order or	49
decree of that type, the court may permit the obligor to make the	50
spousal support payments directly to the obligee instead of to the	51
office if the obligee and the obligor have no minor children born	52
as a result of their marriage and the obligee has not assigned the	53
spousal support amounts to the department pursuant to section	54
5101.59 or 5107.20 of the Revised Code.	55

(B) A court that permits an obligor to make spousal support	56
payments directly to the obligee pursuant to division (A) of this	57
section shall order the obligor to make the spousal support	58
payments as a check, as a money order, or in any other form that	59
establishes a clear record of payment.	60

(C) If a court permits an obligor to make spousal support	61
payments directly to an obligee pursuant to division (A) of this	62
section and the obligor is in default in making any spousal	63
support payment to the obligee, the court, upon motion of the	64
obligee or on its own motion, may rescind the permission granted	65
under that division. After the rescission, the court shall	66
determine the amount of arrearages in the spousal support payments	67
and order the obligor to make to the office of child support in	68
the department of job and family services any spousal support	69
payments that are in arrears and any future spousal support	70
payments. Upon the issuance of the order of the court under this	71
division, the provisions of this chapter, Chapters 3119., 3123.,	72
and 3125., and sections 3770.071 and 5107.20 of the Revised Code	73
apply with respect to the collection, withholding, or deduction of	74
the obligor's spousal support payments that are the subject of	75
that order of the court.	76

Section 2. That existing section 3119.961 of the Revised Code	77
is hereby repealed.	78