SENATORS Jacobson, Mallory, Shoemaker, Hagan, DiDonato, Espy, Harris, Spada, Oelslager, Prentiss, Austria

To amend sections 3119.961, 3123.21, and 3123.22 and

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to enact section 3121.441 of the Revised Code to

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give courts authority to permit direct payment of

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spousal support in cases involving no minor

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children, instead of requiring payment through the

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Department of Job and Family Services, to clarify

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the court of common pleas' jurisdiction in a motion

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for relief from a final judgment or administrative

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determination of parentage or related child

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support, to modify the amount of a child support

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payment that is for an arrearage, and to modify the

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procedures a child support enforcement agency may

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take to collect an arrearage.

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

Section 1. That sections 3119.961, 3123.21, and 3123.22 be	14
amended and section 3121.441 of the Revised Code be enacted to	15
read as follows:	16

Sec. 3119.961.  (A) Notwithstanding the provisions to the	17
contrary in civil ruleCivil Rule 60(B) and in accordance with	18
this section, a person may file a motion for relief from a final	19
judgment, court order, or administrative determination or order	20
that determines that the person or a male minor referred to in	21
division (B) of section 3109.19 of the Revised Code is the father	22
of a child or from a child support order under which the person or	23
male minor is the obligor. TheExcept as otherwise provided in	24
this section, the person shall file the motion in the juvenile	25
division of the court or other court with jurisdiction under	26
section 2101.022 or 2301.03 of the Revised Codeof common pleas of	27
the county in which the original judgment, court order,	28
administrative determination or order, or child support order was	29
made, except that, ifor issued or in the division of the court of	30
common pleas of the county that has jurisdiction involving the	31
administrative determination or order. If the determination of	32
paternity is an acknowledgment of paternity that has become final	33
under section 2151.232, 3111.25, or 3111.821 of the Revised Code	34
or former section 3111.211 or 5101.314 of the Revised Code, the	35
person shall file the motion in the juvenile court or other court	36
with jurisdiction of the county in which the person or the child	37
who is the subject of the acknowledgment resides.	38

(B) On the motion of any adverse party or on its own motion,	39
the court in which an action is brought under this section may	40
transfer the action to the county in which an adverse party	41
resides when it appears to the court that the location of the	42
original venue presents a hardship for that adverse party.	43

Sec. 3121.441. (A) Notwithstanding the provisions of this	44
chapter, Chapters 3119., 3123., and 3125., and sections 3770.071	45
and 5107.20 of the Revised Code providing for the office of child	46
support in the department of job and family services to collect,	47
withhold, or deduct spousal support, when a court pursuant to	48
section 3105.18 or 3105.65 of the Revised Code issues or modifies	49
an order requiring an obligor to pay spousal support or grants or	50
modifies a decree of dissolution of marriage incorporating a	51
separation agreement that provides for spousal support, or at any	52
time after the issuance, granting, or modification of an order or	53
decree of that type, the court may permit the obligor to make the	54
spousal support payments directly to the obligee instead of to the	55
office if the obligee and the obligor have no minor children born	56
as a result of their marriage and the obligee has not assigned the	57
spousal support amounts to the department pursuant to section	58
5101.59 or 5107.20 of the Revised Code.	59

(B) A court that permits an obligor to make spousal support	60
payments directly to the obligee pursuant to division (A) of this	61
section shall order the obligor to make the spousal support	62
payments as a check, as a money order, or in any other form that	63
establishes a clear record of payment.	64

(C) If a court permits an obligor to make spousal support	65
payments directly to an obligee pursuant to division (A) of this	66
section and the obligor is in default in making any spousal	67
support payment to the obligee, the court, upon motion of the	68
obligee or on its own motion, may rescind the permission granted	69
under that division. After the rescission, the court shall	70
determine the amount of arrearages in the spousal support payments	71
and order the obligor to make to the office of child support in	72
the department of job and family services any spousal support	73
payments that are in arrears and any future spousal support	74
payments. Upon the issuance of the order of the court under this	75
division, the provisions of this chapter, Chapters 3119., 3123.,	76
and 3125., and sections 3770.071 and 5107.20 of the Revised Code	77
apply with respect to the collection, withholding, or deduction of	78
the obligor's spousal support payments that are the subject of	79
that order of the court.	80

Sec. 3123.21. (A) A withholding or deduction notice described	81
in section 3121.03 of the Revised Code or an order to collect	82
current support due under a support order and any arrearage owed	83
by the obligor under a support order pertaining to the same child	84
or spouse shall requirebe rebuttably presumed to provide that the	85
arrearage amount collected with each payment of current support	86
equal at least twenty per cent of the current support payment	87
unless, for good cause shown, a lesser arrearage amount is	88
required to be collected.	89

For purposes of this section, "good cause" includes a change	90
in the obligor's circumstances that would make payment of current	91
support and payment of the arrearage in an amount equal to at	92
least twenty per cent of the current support payment a hardship on	93
the obligor. "Good cause" exists if the amount of each current	94
support payment and arrearage amount would exceed the maximum	95
amount permitted to be withheld from the obligor under section	96
303(b) of the "Consumer Credit Protection Act," 15 U.S.C. 1673(b).	97

(B) A court or administrative hearing officer may consider	98
evidence of household expenditures, income variables,	99
extraordinary health care issues, and other reasons for a	100
deviation from the twenty per cent presumption.	101

Sec. 3123.22.  Except as otherwise provided in this section,	102
if an obligor is paying off an arrearage owed under a support	103
order pursuant to a withholding or deduction notice or order	104
issued under section 3121.03 of the Revised Code, a support order	105
newly issued or modified, or any other order issued to collect the	106
arrearage, the child support enforcement agency administering the	107
notice or order may also dotake any action, including, but not	108
limited to, any of the following to collect any arrearage amount	109
that has not yet been collected under the notice or order, unless	110
the obligee and obligor agree in a writing signed by the obligee	111
and obligor and approved by the court by journal entry that the	112
additional actions be limited to the actions provided for in	113
division (C) of this section:	114

(A) Issue one or more withholding or deduction notices under	115
section 3121.03 of the Revised Code;	116

(B) Collect pursuant to section 3121.12 of the Revised Code	117
a lump sum payment owed to the obligor;	118

(C) Collect pursuant to sections 3123.81 to 3123.823 of the	119
Revised Code any federal or state income tax refund owed to the	120
obligor;	121

(D) Issue a withdrawal directive pursuant to sections	122
3123.24 to 3123.38 of the Revised Code;	123

(E) Obtain administrative offset pursuant to section 3123.85	124
of the Revised Code.	125

This section applies only to support orders issued on or	126
after the effective date of this section under which arrearages	127
have arisen on or after that date.	128

Section 2. That existing sections 3119.961, 3123.21, and	129
3123.22 of the Revised Code are hereby repealed.	130