As Passed by the House

124th General Assembly
Regular Session
2001-2002
Sub. H. B. No. 657


REPRESENTATIVES Reidelbach, G. Smith, Britton, McGregor, R. Miller, D. Miller, Williams, Kilbane, Kearns, Jolivette, Hughes, Otterman, Schmidt, Patton, Coates, Cates, Willamowski, Ogg, Latell, Flowers, Rhine, Roman, Fessler



A BILL
To amend sections 1349.01, 2151.231, 2151.33, 2151.49,1
3111.81, 3113.07, 3119.01, 3119.30, 3119.301,2
3119.31, 3119.33, 3119.34, 3119.35, 3119.38,3
3119.40, 3119.46, 3119.47, 3119.48, 3119.49,4
3119.491, 3119.50, 3119.52, 3119.53, 3119.54,5
3119.56, 3119.57, 3119.58, 3119.76, 3121.03,6
3121.035, 3121.27, 3121.58, 3121.67, 3121.896,7
3123.01, 3123.03, 3123.031, 3123.04, 3123.05,8
3123.06, 3123.062, 3123.17, 3123.25, 3123.42,9
3123.53, 3123.62, 3123.66, 3123.67, 3123.92,10
3924.48, 3924.49, and 4705.021; to amend, for the11
purpose of adopting new section numbers as12
indicated in parentheses, sections 3119.3113
(3119.32), 3119.33 (3119.46), 3119.34 (3119.47),14
3119.35 (3119.48), 3119.37 (3119.49), 3119.3815
(3119.50), 3119.40 (3119.43), 3119.46 (3119.352),16
3119.47 (3119.42), 3119.48 (3119.361), 3119.4917
(3119.362), 3119.491 (3119.363), 3119.5018
(3119.364), 3119.52 (3119.421), 3119.53 (3119.422),19
3119.57 (3119.44), 3119.58 (3119.45), 3123.03120
(3123.033), and 3123.062 (3123.07); to enact new21
sections 3119.31, 3119.33, 3119.34, 3119.35,22
3119.37, 3119.38, 3119.40, 3119.41, 3119.51,23
3123.031, 3123.061, and 3123.18 and sections24
3119.29, 3119.291, 3119.351, 3119.36, 3119.39,25
3123.021, 3123.022, 3123.023, 3123.032, 3123.034,26
3123.171, 3123.181, 3123.182, and 3123.183; and to27
repeal sections 3119.41, 3119.43, 3119.44, 3119.45,28
3119.51, 3123.061, 3123.07, 3123.071, and 3123.1829
of the Revised Code to revise the law governing30
child support enforcement and to declare an31
emergency.32


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

       Section 1.  That sections 1349.01, 2151.231, 2151.33,33
2151.49, 3111.81, 3113.07, 3119.01, 3119.30, 3119.301, 3119.31,34
3119.33, 3119.34, 3119.35, 3119.38, 3119.40, 3119.46, 3119.47,35
3119.48, 3119.49, 3119.491, 3119.50, 3119.52, 3119.53, 3119.54,36
3119.56, 3119.57, 3119.58, 3119.76, 3121.03, 3121.035, 3121.27,37
3121.58, 3121.67, 3121.896, 3123.01, 3123.03, 3123.031, 3123.04,38
3123.05, 3123.06, 3123.062, 3123.17, 3123.25, 3123.42, 3123.53,39
3123.62, 3123.66, 3123.67, 3123.92, 3924.48, 3924.49, and 4705.02140
be amended, sections 3119.31 (3119.32), 3119.33 (3119.46), 3119.3441
(3119.47), 3119.35 (3119.48), 3119.37 (3119.49), 3119.3842
(3119.50), 3119.40 (3119.43), 3119.46 (3119.352), 3119.4743
(3119.42), 3119.48 (3119.361), 3119.49 (3119.362), 3119.49144
(3119.363), 3119.50 (3119.364), 3119.52 (3119.421), 3119.5345
(3119.422), 3119.57 (3119.44), 3119.58 (3119.45), 3123.03146
(3123.033), and 3123.062 (3123.07) be amended for the purpose of47
adopting new section numbers as indicated in parentheses, and new48
sections 3119.31, 3119.33, 3119.34, 3119.35, 3119.37, 3119.38,49
3119.40, 3119.41, 3119.51, 3123.031, 3123.061, and 3123.18 and50
sections 3119.29, 3119.291, 3319.351, 3119.36, 3119.39, 3123.021,51
3123.022, 3123.023, 3123.032, 3123.034, 3123.171, 3123.181,52
3123.182, and 3123.183 of the Revised Code be enacted to read as53
follows:54

       Sec. 1349.01.  (A) As used in this section:55

       (1) "Consumer reporting agency" has the same meaning as in56
the "Fair Credit Reporting Act," 84 Stat. 1128, 15 U.S.C.A. 1681a.57

       (2) "Court" means the division of the court of common pleas58
having jurisdiction over actions for divorce, annulment,59
dissolution of marriage, legal separation, child support, or60
spousal support.61

       (3) "Health insurance coverage" means hospital, surgical, or62
medical expense coverage provided under any health insurance or63
health care policy, contract, or plan or any other health benefits64
arrangement.65

       (4) "Provider" has the same meaning as in section 3902.1166
of the Revised Code.67

       (B) If, pursuant to an action for divorce, annulment,68
dissolution of marriage, or legal separation, the court determines69
that a party who is a resident of this state is responsible for70
obtaining health insurance coverage for the party's former spouse71
or children or if, pursuant to a child support order issued in72
accordance with sections 3119.303119.29 to 3119.583119.56 of73
the Revised Code, the court requires a party who is a resident of74
this state to obtain health insurance coverage for the children75
who are the subject of the child support order, and the party76
fails to obtain such coverage, no provider or collection agency77
shall collect or attempt to collect from the former spouse,78
children, or person responsible for the children, any79
reimbursement of any hospital, surgical, or medical expenses80
incurred by the provider for services rendered to the former81
spouse or children, which expenses would have been covered but for82
the failure of the party to obtain the coverage, if the former83
spouse, any of the children, or a person responsible for the84
children, provides the following to the provider or collection85
agency:86

       (1) A copy of the court order requiring the party to obtain87
health insurance coverage for the former spouse or children.88

       (2) Reasonable assistance in locating the party and89
obtaining information about the party's health insurance coverage.90

       (C) If the requirements of divisions (B)(1) and (2) of this91
section are not met, the provider or collection agency may collect92
the hospital, surgical, or medical expenses both from the former93
spouse or person responsible for the children and from the party94
who failed to obtain the coverage. If the requirements of95
divisions (B)(1) and (2) are met, the provider or collection96
agency may collect or attempt to collect the expenses only from97
the party.98

       A party required to obtain health insurance coverage for a99
former spouse or children who fails to obtain the coverage is100
liable to the provider for the hospital, surgical, or medical101
expenses incurred by the provider as a result of the failure to102
obtain the coverage. This section does not prohibit a former103
spouse or person responsible for the children from initiating an104
action to enforce the order requiring the party to obtain health105
insurance for the former spouse or children or to collect any106
amounts the former spouse or person responsible for the children107
pays for hospital, surgical, or medical expenses for which the108
party is responsible under the order requiring the party to obtain109
health insurance for the former spouse or children.110

       (D)(1) If the requirements of divisions (B)(1) and (2) of111
this section are met, both of the following restrictions shall112
apply:113

       (a) No collection agency or provider of hospital, surgical,114
or medical services may report to a consumer reporting agency, for115
inclusion in the credit file or credit report of the former spouse116
or person responsible for the children, any information relative117
to the nonpayment of expenses for the services incurred by the118
provider, if the nonpayment is the result of the failure of the119
party responsible for obtaining health insurance coverage to120
obtain health insurance coverage.121

       (b) No consumer reporting agency shall include in the credit122
file or credit report of the former spouse or person responsible123
for the children, any information relative to the nonpayment of124
any hospital, surgical, or medical expenses incurred by a provider125
as a result of the party's failure to obtain the coverage.126

       (2) If the requirements of divisions (B)(1) and (2) of this127
section are not met, both of the following provisions shall apply:128

       (a) A provider of hospital, surgical, or medical services,129
or a collection agency, may report to a consumer reporting agency,130
for inclusion in the credit file or credit report of the former131
spouse or person responsible for the children, any information132
relative to the nonpayment of expenses for the services incurred133
by the provider, if the nonpayment is the result of the failure of134
the party responsible for obtaining health insurance coverage to135
obtain such coverage.136

       (b) A consumer reporting agency may include in the credit137
file or credit report of the former spouse or person responsible138
for the children, any information relative to the nonpayment of139
any hospital, surgical, or medical expenses incurred by the140
provider, if the nonpayment is the result of the failure of the141
party responsible for obtaining health insurance coverage to142
obtain such coverage.143

       (3)(a) A provider of hospital, surgical, or medical144
services, or a collection agency, may report to a consumer145
reporting agency, for inclusion in the credit file or credit146
report of that party, any information relative to the nonpayment147
of expenses for the services incurred by the provider, if the148
nonpayment is the result of the failure of the party responsible149
for obtaining health insurance coverage to obtain such coverage.150

       (b) A consumer reporting agency may include in the credit151
file or credit report of the party responsible for obtaining152
health insurance coverage, any information relative to the153
nonpayment of any hospital, surgical, or medical expenses incurred154
by a provider, if the nonpayment is the result of the failure of155
that party to obtain health insurance coverage.156

       (4) If any information described in division (D)(2) of this157
section is placed in the credit file or credit report of the158
former spouse or person responsible for the children, the consumer159
reporting agency shall remove the information from the credit file160
and credit report if the former spouse or person responsible for161
the children provides the agency with the information required in162
divisions (B)(1) and (2) of this section. If the agency fails to163
remove the information from the credit file or credit report164
pursuant to the terms of the "Fair Credit Reporting Act," 84 Stat.165
1128, 15 U.S.C. 1681a, within a reasonable time after receiving166
the information required by divisions (B)(1) and (2) of this167
section, the former spouse may initiate an action to require the168
agency to remove the information.169

       If any information described in division (D)(3) of this170
section is placed in the party's credit file or credit report, the171
party has the burden of proving that the party is not responsible172
for obtaining the health insurance coverage or, if responsible,173
that the expenses incurred are not covered expenses. If the party174
meets that burden, the agency shall remove the information from175
the party's credit file and credit report immediately. If the176
agency fails to remove the information from the credit file or177
credit report immediately after the party meets the burden, the178
party may initiate an action to require the agency to remove the179
information.180

       Sec. 2151.231.  The parent, guardian, or custodian of a181
child, the person with whom a child resides, or the child support182
enforcement agency of the county in which the child, parent,183
guardian, or custodian of the child resides may bring an action in184
a juvenile court or other court with jurisdiction under section185
2101.022 or 2301.03 of the Revised Code under this section186
requesting the court to issue an order requiring a parent of the187
child to pay an amount for the support of the child without regard188
to the marital status of the child's parents. No action may be189
brought under this section against a person presumed to be the190
parent of a child based on an acknowledgment of paternity that has191
not yet become final under former section 3111.211 or 5101.314 or192
section 2151.232, 3111.25, or 3111.821 of the Revised Code.193

       The parties to an action under this section may raise the194
issue of the existence or nonexistence of a parent-child195
relationship, unless a final and enforceable determination of the196
issue has been made with respect to the parties pursuant to197
Chapter 3111. of the Revised Code or an acknowledgment of198
paternity signed by the child's parents has become final pursuant199
to former section 3111.211 or 5101.314 or section 2151.232,200
3111.25, or 3111.821 of the Revised Code. If a complaint is201
filed under this section and an issue concerning the existence or202
nonexistence of a parent-child relationship is raised, the court203
shall treat the action as an action pursuant to sections 3111.01204
to 3111.18 of the Revised Code. An order issued in an action205
under this section does not preclude a party to the action from206
bringing a subsequent action pursuant to sections 3111.01 to 207
3111.18 of the Revised Code if the issue concerning the existence208
or nonexistence of the parent-child relationship was not209
determined with respect to the party pursuant to a proceeding210
under this section, a proceeding under Chapter 3111. of the211
Revised Code, or an acknowledgment of paternity that has become212
final under former section 3111.211 or 5101.314 or section213
2151.232, 3111.25, or 3111.821 of the Revised Code. An order214
issued pursuant to this section shall remain effective until an215
order is issued pursuant to sections 3111.01 to 3111.18 of the216
Revised Code that a parent-child relationship does not exist217
between the alleged father of the child and the child or until the218
occurrence of an event described in section 3119.88 of the219
Revised Code that would require the order to terminate.220

       The court, in accordance with sections 3119.303119.29 to221
3119.583119.56 of the Revised Code, shall include in each support222
order made under this section the requirement that one or both of223
the parents provide for the health care needs of the child to the224
satisfaction of the court.225

       Sec. 2151.33.  (A) Pending hearing of a complaint filed226
under section 2151.27 of the Revised Code or a motion filed or227
made under division (B) of this section and the service of228
citations, the juvenile court may make any temporary disposition229
of any child that it considers necessary to protect the best230
interest of the child and that can be made pursuant to division231
(B) of this section. Upon the certificate of one or more232
reputable practicing physicians, the court may summarily provide233
for emergency medical and surgical treatment that appears to be234
immediately necessary to preserve the health and well-being of any235
child concerning whom a complaint or an application for care has236
been filed, pending the service of a citation upon the child's237
parents, guardian, or custodian. The court may order the parents,238
guardian, or custodian, if the court finds the parents, guardian,239
or custodian able to do so, to reimburse the court for the expense240
involved in providing the emergency medical or surgical treatment.241
Any person who disobeys the order for reimbursement may be242
adjudged in contempt of court and punished accordingly.243

       If the emergency medical or surgical treatment is furnished244
to a child who is found at the hearing to be a nonresident of the245
county in which the court is located and if the expense of the246
medical or surgical treatment cannot be recovered from the247
parents, legal guardian, or custodian of the child, the board of248
county commissioners of the county in which the child has a legal249
settlement shall reimburse the court for the reasonable cost of250
the emergency medical or surgical treatment out of its general251
fund.252

       (B)(1) After a complaint, petition, writ, or other document253
initiating a case dealing with an alleged or adjudicated abused,254
neglected, or dependent child is filed and upon the filing or255
making of a motion pursuant to division (C) of this section, the256
court, prior to the final disposition of the case, may issue any257
of the following temporary orders to protect the best interest of258
the child:259

       (a) An order granting temporary custody of the child to a260
particular party;261

       (b) An order for the taking of the child into custody262
pursuant to section 2151.31 of the Revised Code pending the263
outcome of the adjudicatory and dispositional hearings;264

       (c) An order granting, limiting, or eliminating parenting265
time or visitation rights with respect to the child;266

       (d) An order requiring a party to vacate a residence that267
will be lawfully occupied by the child;268

       (e) An order requiring a party to attend an appropriate269
counseling program that is reasonably available to that party;270

       (f) Any other order that restrains or otherwise controls the271
conduct of any party which conduct would not be in the best272
interest of the child.273

       (2) Prior to the final disposition of a case subject to274
division (B)(1) of this section, the court shall do both of the275
following:276

       (a) Issue an order pursuant to Chapters 3119. to 3125. of277
the Revised Code requiring the parents, guardian, or person278
charged with the child's support to pay support for the child.279

       (b) Issue an order requiring the parents, guardian, or280
person charged with the child's support to continue to maintain281
any health insurance coverage for the child that existed at the282
time of the filing of the complaint, petition, writ, or other283
document, or to obtain health insurance coverage in accordance284
with sections 3119.303119.29 to 3119.583119.56 of the Revised285
Code.286

       (C)(1) A court may issue an order pursuant to division (B)287
of this section upon its own motion or if a party files a written288
motion or makes an oral motion requesting the issuance of the289
order and stating the reasons for it. Any notice sent by the290
court as a result of a motion pursuant to this division shall291
contain a notice that any party to a juvenile proceeding has the292
right to be represented by counsel and to have appointed counsel293
if the person is indigent.294

       (2) If a child is taken into custody pursuant to section295
2151.31 of the Revised Code and placed in shelter care, the public296
children services agency or private child placing agency with297
which the child is placed in shelter care shall file or make a298
motion as described in division (C)(1) of this section before the299
end of the next day immediately after the date on which the child300
was taken into custody and, at a minimum, shall request an order301
for temporary custody under division (B)(1)(a) of this section.302

       (3) A court that issues an order pursuant to division303
(B)(1)(b) of this section shall comply with section 2151.419 of304
the Revised Code.305

       (D) The court may grant an ex parte order upon its own306
motion or a motion filed or made pursuant to division (C) of this307
section requesting such an order if it appears to the court that308
the best interest and the welfare of the child require that the309
court issue the order immediately. The court, if acting on its310
own motion, or the person requesting the granting of an ex parte311
order, to the extent possible, shall give notice of its intent or312
of the request to the parents, guardian, or custodian of the child313
who is the subject of the request. If the court issues an ex314
parte order, the court shall hold a hearing to review the order315
within seventy-two hours after it is issued or before the end of316
the next day after the day on which it is issued, whichever occurs317
first. The court shall give written notice of the hearing to all318
parties to the action and shall appoint a guardian ad litem for319
the child prior to the hearing.320

       The written notice shall be given by all means that are321
reasonably likely to result in the party receiving actual notice322
and shall include all of the following:323

       (1) The date, time, and location of the hearing;324

       (2) The issues to be addressed at the hearing;325

       (3) A statement that every party to the hearing has a right326
to counsel and to court-appointed counsel, if the party is327
indigent;328

       (4) The name, telephone number, and address of the person329
requesting the order;330

       (5) A copy of the order, except when it is not possible to331
obtain it because of the exigent circumstances in the case.332

       If the court does not grant an ex parte order pursuant to a333
motion filed or made pursuant to division (C) of this section or334
its own motion, the court shall hold a shelter care hearing on the335
motion within ten days after the motion is filed. The court shall336
give notice of the hearing to all affected parties in the same337
manner as set forth in the Juvenile Rules.338

       (E) The court, pending the outcome of the adjudicatory and339
dispositional hearings, shall not issue an order granting340
temporary custody of a child to a public children services agency341
or private child placing agency pursuant to this section, unless342
the court determines and specifically states in the order that the343
continued residence of the child in the child's current home will344
be contrary to the child's best interest and welfare and the court345
complies with section 2151.419 of the Revised Code.346

       (F) Each public children services agency and private child347
placing agency that receives temporary custody of a child pursuant348
to this section shall maintain in the child's case record written349
documentation that it has placed the child, to the extent that it350
is consistent with the best interest, welfare, and special needs351
of the child, in the most family-like setting available and in352
close proximity to the home of the parents, custodian, or guardian353
of the child.354

       (G) For good cause shown, any court order that is issued355
pursuant to this section may be reviewed by the court at any time356
upon motion of any party to the action or upon the motion of the357
court.358

       Sec. 2151.49.  In every case of conviction under sections359
2151.01 to 2151.54 of the Revised Code, where imprisonment is360
imposed as part of the punishment, the juvenile judge may suspend361
sentence, before or during commitment, upon such condition as the362
juvenile judge imposes. In the case of conviction for nonsupport363
of a child who is receiving aid under Chapter 5107. or 5115. of364
the Revised Code, if the juvenile judge suspends sentence on365
condition that the person make payments for support, the payment366
shall be made to the county department of job and family services367
rather than to the child or custodian of the child.368

       The court, in accordance with sections 3119.303119.29 to369
3119.583119.56 of the Revised Code, shall include in each support370
order made under this section the requirement that one or both of371
the parents provide for the health care needs of the child to the372
satisfaction of the court.373

       Sec. 3111.81.  After the hearing under section 3111.80 of the374
Revised Code is completed, the administrative officer may issue an375
administrative order for the payment of support and provision for376
the child's health care. The order shall do all of the following:377

       (A) Require periodic payments of support that may vary in378
amount, except that, if it is in the best interest of the child,379
the administrative officer may order the purchase of an annuity in380
lieu of periodic payments of support if the purchase agreement381
provides that any remainingprincipalremaining principal will be382
transferred to the ownership and control of the child on the383
child's attainment of the age of majority;384

       (B) Require the parents to provide for the health care needs385
of the child in accordance with sections 3119.303119.29 to386
3119.583119.56 of the Revised Code;387

       (C) Include a notice that contains the information described388
in section 3111.84 of the Revised Code informing the mother and389
the father of the right to object to the order by bringing an390
action for the payment of support and provision of the child's391
health care under section 2151.231 of the Revised Code and the392
effect of a failure to timely bring the action.393

       Sec. 3113.07.  As used in this section, "executive director"394
has the same meaning as in section 5153.01 of the Revised Code.395

       Sentence may be suspended, if a person, after conviction396
under section 3113.06 of the Revised Code and before sentence397
thereunder, appears before the court of common pleas in which such398
conviction took place and enters into bond to the state in a sum399
fixed by the court at not less than five hundred dollars, with400
sureties approved by such court, conditioned that such person will401
pay, so long as the child remains a ward of the public children402
services agency or a recipient of aid pursuant to Chapter 5107. or403
5115. of the Revised Code, to the executive director thereof or to404
a trustee to be named by the court, for the benefit of such agency405
or if the child is a recipient of aid pursuant to Chapter 5107. or406
5115. of the Revised Code, to the county department of job and407
family services, the reasonable cost of keeping such child. The408
amount of such costs and the time of payment shall be fixed by the409
court.410

       The court, in accordance with sections 3119.303119.29 to411
3119.583119.56 of the Revised Code, shall include in each support412
order made under this section the requirement that one or both of413
the parents provide for the health care needs of the child to the414
satisfaction of the court.415

       Sec. 3119.01.  (A) As used in the Revised Code, "child416
support enforcement agency" means a child support enforcement417
agency designated under former section 2301.35 of the Revised Code418
prior to October 1, 1997, or a private or government entity419
designated as a child support enforcement agency under section420
307.981 of the Revised Code.421

       (B) As used in this chapter and Chapters 3121., 3123., and422
3125. of the Revised Code:423

       (1) "Administrative child support order" means any order424
issued by a child support enforcement agency for the support of a425
child pursuant to section 3109.19 or 3111.81 of the Revised Code426
or former section 3111.211 of the Revised Code, section 3111.21 of427
the Revised Code as that section existed prior to January 1, 1998,428
or section 3111.20 or 3111.22 of the Revised Code as those429
sections existed prior to the effective date of this sectionMarch430
22, 2001.431

       (2) "Child support order" means either a court child support432
order or an administrative child support order.433

       (3) "Obligee" means the person who is entitled to receive434
the support payments under a support order.435

       (4) "Obligor" means the person who is required to pay436
support under a support order.437

       (5) "Support order" means either an administrative child438
support order or a court support order.439

       (C) As used in this chapter:440

       (1) "Combined gross income" means the combined gross income441
of both parents.442

       (2) "Court child support order" means any order issued by a443
court for the support of a child pursuant to Chapter 3115. of the444
Revised Code, section 2151.23, 2151.231, 2151.232, 2151.33,445
2151.36, 2151.361, 2151.49, 3105.21, 3109.05, 3109.19, 3111.13,446
3113.04, 3113.07, 3113.31, 3119.65, or 3119.70, or 3123.07 of the447
Revised Code, or division (B) of former section 3113.21 of the448
Revised Code.449

       (3) "Court support order" means either a court child support450
order or an order for the support of a spouse or former spouse451
issued pursuant to Chapter 3115. of the Revised Code, section452
3105.18, 3105.65, or 3113.31, or 3123.07 of the Revised Code, or453
division (B) of former section 3113.21 of the Revised Code.454

       (4) "Extraordinary medical expenses" means any uninsured455
medical expenses incurred for a child during a calendar year that456
exceed one hundred dollars.457

       (5) "Income" means either of the following:458

       (a) For a parent who is employed to full capacity, the gross459
income of the parent;460

       (b) For a parent who is unemployed or underemployed, the sum461
of the gross income of the parent and any potential income of the462
parent.463

       (6) "Insurer" means any person authorized under Title XXXIX464
of the Revised Code to engage in the business of insurance in this465
state, any health insuring corporation, and any legal entity that466
is self-insured and provides benefits to its employees or members.467

       (7) "Gross income" means, except as excluded in division468
(C)(7) of this section, the total of all earned and unearned469
income from all sources during a calendar year, whether or not the470
income is taxable, and includes income from salaries, wages,471
overtime pay, and bonuses to the extent described in division (D)472
of section 3119.05 of the Revised Code; commissions; royalties;473
tips; rents; dividends; severance pay; pensions; interest; trust474
income; annuities; social security benefits, including retirement,475
disability, and survivor benefits that are not means-tested;476
workers' compensation benefits; unemployment insurance benefits;477
disability insurance benefits; benefits that are not means-tested478
and that are received by and in the possession of the veteran who479
is the beneficiary for any service-connected disability under a480
program or law administered by the United States department of481
veterans' affairs or veterans' administration; spousal support482
actually received; and all other sources of income. "Gross483
income" includes income of members of any branch of the United484
States armed services or national guard, including, amounts485
representing base pay, basic allowance for quarters, basic486
allowance for subsistence, supplemental subsistence allowance,487
cost of living adjustment, specialty pay, variable housing488
allowance, and pay for training or other types of required drills;489
self-generated income; and potential cash flow from any source.490

       "Gross income" does not include any of the following:491

       (a) Benefits received from means-tested government492
administered programs, including Ohio works first; prevention,493
retention, and contingency; means-tested veterans' benefits;494
supplemental security income; food stamps; disability assistance;495
or other assistance for which eligibility is determined on the496
basis of income or assets;497

       (b) Benefits for any service-connected disability under a498
program or law administered by the United States department of499
veterans' affairs or veterans' administration that are not500
means-tested, that have not been distributed to the veteran who is501
the beneficiary of the benefits, and that are in the possession of502
the United States department of veterans' affairs or veterans'503
administration;504

       (c) Child support received for children who were not born or505
adopted during the marriage at issue;506

       (d) Amounts paid for mandatory deductions from wages such as507
union dues but not taxes, social security, or retirement in lieu508
of social security;509

       (e) Nonrecurring or unsustainable income or cash flow items;510

       (f) Adoption assistance and foster care maintenance payments511
made pursuant to Title IV-E of the "Social Security Act," 94 Stat.512
501, 42 U.S.C.A. 670 (1980), as amended.513

       (8) "Nonrecurring or unsustainable income or cash flow item"514
means an income or cash flow item the parent receives in any year515
or for any number of years not to exceed three years that the516
parent does not expect to continue to receive on a regular basis.517
"Nonrecurring or unsustainable income or cash flow item" does not518
include a lottery prize award that is not paid in a lump sum or519
any other item of income or cash flow that the parent receives or520
expects to receive for each year for a period of more than three521
years or that the parent receives and invests or otherwise uses to522
produce income or cash flow for a period of more than three years.523

       (9)(a) "Ordinary and necessary expenses incurred in524
generating gross receipts" means actual cash items expended by the525
parent or the parent's business and includes depreciation expenses526
of business equipment as shown on the books of a business entity.527

       (b) Except as specifically included in "ordinary and528
necessary expenses incurred in generating gross receipts" by529
division (C)(9)(a) of this section, "ordinary and necessary530
expenses incurred in generating gross receipts" does not include531
depreciation expenses and other noncash items that are allowed as532
deductions on any federal tax return of the parent or the parent's533
business.534

       (10) "Personal earnings" means compensation paid or payable535
for personal services, however denominated, and includes wages,536
salary, commissions, bonuses, draws against commissions, profit537
sharing, vacation pay, or any other compensation.538

       (11) "Potential income" means both of the following for a539
parent who the court pursuant to a court support order, or a child540
support enforcement agency pursuant to an administrative child541
support order, determines is voluntarily unemployed or voluntarily542
underemployed:543

       (a) Imputed income that the court or agency determines the544
parent would have earned if fully employed as determined from the545
following criteria:546

       (i) The parent's prior employment experience;547

       (ii) The parent's education;548

       (iii) The parent's physical and mental disabilities, if any;549

       (iv) The availability of employment in the geographic area550
in which the parent resides;551

       (v) The prevailing wage and salary levels in the geographic552
area in which the parent resides;553

       (vi) The parent's special skills and training;554

       (vii) Whether there is evidence that the parent has the555
ability to earn the imputed income;556

       (viii) The age and special needs of the child for whom child557
support is being calculated under this section;558

       (ix) The parent's increased earning capacity because of559
experience;560

       (x) Any other relevant factor.561

       (b) Imputed income from any nonincome-producing assets of a562
parent, as determined from the local passbook savings rate or563
another appropriate rate as determined by the court or agency, not564
to exceed the rate of interest specified in division (A) of565
section 1343.03 of the Revised Code, if the income is significant.566

       (12) "Schedule" means the basic child support schedule set567
forth in section 3119.021 of the Revised Code.568

       (13) "Self-generated income" means gross receipts received569
by a parent from self-employment, proprietorship of a business,570
joint ownership of a partnership or closely held corporation, and571
rents minus ordinary and necessary expenses incurred by the parent572
in generating the gross receipts. "Self-generated income"573
includes expense reimbursements or in-kind payments received by a574
parent from self-employment, the operation of a business, or575
rents, including company cars, free housing, reimbursed meals, and576
other benefits, if the reimbursements are significant and reduce577
personal living expenses.578

       (14) "Split parental rights and responsibilities" means a579
situation in which there is more than one child who is the subject580
of an allocation of parental rights and responsibilities and each581
parent is the residential parent and legal custodian of at least582
one of those children.583

       (15) "Worksheet" means the applicable worksheet that is used584
to calculate a parent's child support obligation as set forth in585
sections 3119.022 and 3119.023 of the Revised Code.586

       Sec. 3119.29.  As used in this section and sections 3119.30587
to 3119.56 of the Revised Code:588

        (A) "Health plan administrator" means any entity authorized589
under Title XXXIX of the Revised Code to engage in the business of590
insurance in this state, any health insuring corporation, any591
legal entity that is self-insured and provides benefits to its592
employees or members, and the administrator of any such entity or593
corporation.594

       (B) "National medical support notice" means a form required595
by the "Child Support Performance and Incentive Act of 1998," P.L.596
105-200, 112 Stat. 659, 42 U.S.C. 666(a)(19), as amended, and597
jointly developed and promulgated by the secretary of health and598
human services and the secretary of labor in federal regulations599
adopted under that act as modified by the department of job and600
family services under section 3119.291 of the Revised Code.601

       (C) "Person required to provide health insurance coverage"602
means the obligor, obligee, or both, required by the court under a603
court child support order or by the child support enforcement604
agency under an administrative child support order to provide605
health insurance coverage pursuant to section 3119.30 of the606
Revised Code.607

       Sec. 3119.291. The department of job and family services608
shall modify the national medical support notice, as necessary, to609
make the notice and its instructions apply to the person required610
to provide health insurance coverage for the children who are the611
subject of an order issued under section 3119.30 of the Revised612
Code.613


       Sec. 3119.30.  In any action or proceeding in which a child615
support order is issued or modified, the court, with respect to616
court child support orders, and the child support enforcement617
agency, with respect to administrative child support orders, shall618
determine the parentperson responsible for the health care of the619
children subject to the child support order and. The620
determination shall be based on information provided to the court621
or to the child support enforcement agency under section 3119.31622
of the Revised Code. The order shall include in the order one of623
the following:624

       (A) A requirement that the obligor under the child support625
order obtain health insurance coverage for the children if626
coverage is available at a reasonable cost through a group policy,627
contract, or plan offered by the obligor's employer or through any628
other group policy, contract, or plan available to the obligor and629
is not available for a more reasonable cost through a group630
policy, contract, or plan available to the obligee;631

       (B) A requirement that the obligee obtain health insurance632
coverage for the children if coverage is available through a group633
policy, contract, or plan offered by the obligee's employer or634
through any other group policy, contract, or plan available to the635
obligee and is available at a more reasonable cost than coverage636
is available to the obligor;637

       (C) If health insurance coverage for the children is not638
available at a reasonable cost through a group policy, contract,639
or plan offered by the obligor's or obligee's employer or through640
any other group policy, contract, or plan available to the obligor641
or the obligee, a requirement that the obligor and the obligee642
share liability for the cost of the medical and health care needs643
of the children, under an equitable formula established by the644
court, with respect to a court child support order, or the child645
support enforcement agency, with respect to an administrative646
child support order, and a requirement that if, after the issuance647
of the order, health insurance coverage for the children becomes648
available at a reasonable cost through a group policy, contract,649
or plan offered by the obligor's or obligee's employer or through650
any other group policy, contract, or plan available to the obligor651
or obligee, the obligor or obligee to whom the coverage becomes652
available immediately inform the court, with respect to a court653
child support order, or the child support enforcement agency, with654
respect to an administrative child support order;655

       (D) A requirement that both the obligor and the obligee656
obtain health insurance coverage for the children if coverage is657
available for the children at a reasonable cost to both the658
obligor and the obligee and dual coverage by both parents would659
provide for coordination of medical benefits without unnecessary660
duplication of coverage.661

       Sec. 3119.301.  An order issued pursuant to former section662
3111.241 or 3113.217 of the Revised Code as those sections existed663
prior to January 1, 1998, that was not terminated on or after that664
date, and that provides for the health care needs of children665
subject to a child support order shall be considered to be a666
requirement included as part of the child support order. The667
child support order shall be considered to have been issued in668
accordance with former section 3111.241 or 3113.217 of the Revised669
Code as those sections existed on and after January 1, 1998, and670
prior to the effective date of this sectionMarch 22, 2001. A671
child support order issued in accordance with, or any notice672
issued under, former section 3111.241 or 3113.217 of the Revised673
Code as those sections existed prior to the effective date of this674
sectionMarch 22, 2001, that was not terminated on or after that675
date shall be subject to sections 3119.303119.29 to 3119.58676
3119.56 of the Revised Code on and after that date.677

       Sec. 3119.31.  In any action or proceeding in which a court678
or child support enforcement agency is determining the person679
responsible for the health care of the children who are or will be680
the subject of a child support order, each party shall provide to681
the court or child support enforcement agency a list of any group682
health insurance policies, contracts, or plans available to the683
party.684

       Sec. 3119.31.        Sec. 3119.32.  A child support order shall contain685
all of the following:686

       (A) If the obligor, obligee, or both the obligor and687
obligee, are required under section 3119.30 of the Revised Code to688
provide health insurance coverage for the children, a requirement689
that whoever is required to obtain theprovide health insurance690
coveragedo all of the following:691

       (1) Provideprovide to the other with, not later than thirty692
days after the issuance of the order, information regarding the693
benefits, limitations, and exclusions of the coverage, copies of694
any insurance forms necessary to receive reimbursement, payment,695
or other benefits under the coverage, and a copy of any necessary696
insurance cards;697

       (2) Submit a copy of the child support order issued pursuant698
to section 3119.30 of the Revised Code to the insurer at the time699
of making application to enroll the children under the health700
insurance policy, contract, or plan;701

       (3) Furnish written proof to the child support enforcement702
agency of compliance with this division.703

       (B) A list of the group health insurance policies, contracts,704
and plans that the court, with respect to a court child support705
order, or the child support enforcement agency, with respect to an706
administrative child support order, determines are available at a707
reasonable cost to the obligor or to the obligee and the name of708
the insurer that issues each policy, contract, or plan;709

       (C) A statement setting forth the name, address, and710
telephone number of the individual who is to be reimbursed for711
out-of-pocket medical, optical, hospital, dental, or prescription712
expenses paid for each child and a statement that the insurer713
health plan administrator that provides the health insurance714
coverage for the children may continue making payment for medical,715
optical, hospital, dental, or prescription services directly to716
any health care provider in accordance with the applicable health717
insurance policy, contract, or plan;718

       (D)(C) A requirement that the obligor and the obligeea719
person required to provide health insurance coverage for the720
children designate the children as covered dependents under any721
health insurance policy, contract, or plan for which they contract722
the person contracts;723

       (E)(D) A requirement that the obligor, the obligee, or both724
of them under a formula established by the court, with respect to725
a court child support order, or the child support enforcement726
agency, with respect to an administrative child support order, pay727
co-payment or deductible costs required under the health insurance728
policy, contract, or plan that covers the children;729

       (F)(E) A notice that the employer of the obligor or obligee730
person required to obtain health insurance coverage is required to731
release to the other parent, any person subject to an order issued732
under section 3109.19 of the Revised Code, or the child support733
enforcement agency on written request any necessary information on734
the health insurance coverage, including the name and address of735
the insurerhealth plan administrator and any policy, contract, or736
plan number, and to otherwise comply with this section and any737
order or notice issued under this section;738

       (G)(F) A statement setting forth the full name and date of739
birth of each child who is the subject of the child support order;740

       (H)(G) A requirement that the obligor and the obligee comply741
with any requirement described in section 3119.30 of the Revised742
Code and divisions (A) and (D)(C) of this section that is743
contained in an order issued in compliance with this section no744
later than thirty days after the issuance of the order;745

       (I) A notice that if the obligor or obligee fails to obtain746
health insurance coverage required by a child support order, the747
child support enforcement agency shall comply with sections748
3119.40 and 3119.41 of the Revised Code to obtain a court order749
requiring the obligor or obligee to obtain the health insurance750
coverage;751

       (J)(H) A notice that states the following: "If the person752
required to obtain health care insurance coverage for the children753
subject to this child support order obtains new employment and the754
health insurance coverage for the children is provided through the755
previous employer, the agency shall comply with the requirements756
of sections 3119.43 and 3119.44section 3119.34 of the Revised757
Code, which may result in the issuance of a notice requiring the758
new employer to take whatever action is necessary to enroll the759
children in health care insurance coverage provided by the new760
employer."761

       Sec. 3119.33.  A child support enforcement agency shall send762
the national medical support notice to the employer of a person763
required to provide health insurance coverage for the children who764
are the subject of a child support order. The child support765
enforcement agency shall act in accordance with federal766
regulations governing the national medical support notice and767
rules adopted by the department of job and family services under768
section 3119.51 of the Revised Code.769

       Sec. 3119.34.  Not later than the business day after receipt770
of a notice under section 3121.895 of the Revised Code of a new771
hire match, a child support enforcement agency shall send to a772
person's new employer a national medical support notice if the773
person is the person required to provide health insurance coverage774
for the children who are the subject of a child support order.775

       Sec. 3119.35. At the same time that a child support776
enforcement agency sends a national medical support notice under777
section 3119.33 or 3119.34 of the Revised Code to the employer of778
a person required to provide health insurance coverage for779
children who are the subject of a child support order, the agency780
shall send a notice of medical support enforcement activity to781
that person.782

       Sec. 3119.351. The notice of medical support enforcement783
activity shall contain all of the following:784

       (A) The date on which it is sent;785

       (B) A statement that the person has been designated as a786
person required to provide health insurance coverage for children787
who are the subject of a child support order;788

       (C) A statement that a national medical support notice has789
been sent to the person's employer;790

       (D) A statement of the purpose of the national medical791
support notice, of what it will require of the person's employer792
and any applicable health plan administrator, and that amounts793
will be withheld from the person's income to pay for health794
insurance for the children;795

       (E) A statement of the person's right to contest the national796
medical support notice through mistake of fact proceedings;797

       (F) An explanation of the mistake of fact proceedings798
available to the person and the actions the person must take to799
pursue those proceedings.800

       Sec. 3119.46.        Sec. 3119.352.  The department of job and family801
services shall adopt a standard formsform for the noticesnotice802
of medical support enforcement activity required by section803
3119.443119.35 of the Revised Code. All child support804
enforcement agencies shall use the formsform in issuing notices805
the notice under that section.806

       Sec. 3119.36.  On receipt of a national medical support807
notice sent pursuant to section 3119.33 or section 3119.34 of808
the Revised Code, an employer shall do one of the following not809
later than twenty business days after the date specified in the810
notice:811

       (A) If the person named in the national medical support812
notice is a current employee and health insurance coverage of the813
children is available through the employer, complete and comply814
with the notice in accordance with its instructions, federal815
regulations, and any rules adopted by the department of job and816
family services under section 3119.51 of the Revised Code and send817
the appropriate portion of the notice to the health plan818
administrator;819

        (B) If the person named in the notice is not a current820
employee, health insurance coverage of the children is not821
available through the employer, or the employer determines that822
coverage of the children would cause the total amount of income823
withholding and health insurance contributions from the person's824
income to exceed the maximum amount permitted under section 303(b)825
of the "Consumer Credit Protection Act," 15 U.S.C. 1673(b),826
complete the notice in accordance with its instructions, federal827
regulations, and any rules adopted by the department of job and828
family services under section 3119.51 of the Revised Code and829
return the completed notice to the child support enforcement830
agency.831

       Sec. 3119.48.        Sec. 3119.361.  During the time that any child832
support order issued in accordance with section 3119.30 of the833
Revised Code, an order issued under section 3119.41 of the Revised834
Code, or a notice issued pursuant to section 3119.443119.33 or835
3119.34 of the Revised Code is in effect and after the employer836
has received a copy of the order or notice, the employer of the837
obligor or obligeeperson required to provide health insurance838
coverage shall comply with the order or notice.839

       Sec. 3119.49.        Sec. 3119.362.  On written request from the other840
parent, any person subject to an order issued under section841
3109.19 of the Revised Code, or the child support enforcement842
agency, the employer of the obligor or obligeea person required843
to provide health insurance coverage under a child support order844
shall release to the other parent, person, and the agency all845
information about the health insurance coverage that is necessary846
to ensure compliance with section 3119.30 of the Revised Code, an847
ordera notice issued under section 3119.413119.33 of the Revised848
Code, or a notice issued under section 3119.443119.34 of the849
Revised Code, including the name and address of the insurerhealth850
plan administrator, and any policy, contract, or plan number.851

       Sec. 3119.491.        Sec. 3119.363.  Information provided by an employer852
pursuant to section 3119.493119.362 of the Revised Code shall be853
used only for the purpose of the enforcement of an order issued in854
accordance with section 3119.30 of the Revised Code, an ordera855
notice issued under section 3119.413119.33 of the Revised Code,856
or a notice issued pursuant to section 3119.443119.34 of the857
Revised Code.858

       Sec. 3119.50.        Sec. 3119.364.  Any employer who receives a copy of859
an order or notice described in section 3119.30, 3119.413119.33,860
or 3119.443119.34 of the Revised Code shall notify the child861
support enforcement agency of any change in or the termination of862
the health insurance coverage that is maintained pursuant to the863
order or notice.864

       Sec. 3119.37.  On receipt of a national medical support865
notice sent by an employer under section 3119.36 of the Revised866
Code, a health plan administrator shall complete and comply with867
the notice in accordance with its instructions, federal868
regulations, and any rules adopted by the department of job and869
family services under section 3119.51 of the Revised Code.870

       Sec. 3119.38. A person who receives a notice of medical871
support enforcement activity under section 3119.35 of the Revised872
Code may file a written request for an administrative hearing with873
the child support enforcement agency that issued it regarding874
whether a mistake of fact was made in the national medical support875
notice referred to in the notice of medical support enforcement876
activity. The request must be filed not later than seven business877
days after the date on which the notice of medical support878
enforcement activity is sent.879

       If the person makes a timely request, the agency shall880
conduct an administrative hearing not later than ten days after881
the date on which the person files the request for the hearing.882
Not later than five days before the date on which the hearing is883
to be conducted, the agency shall send the person and any other884
individual the agency determines appropriate written notice of the885
date, time, place, and purpose of the hearing. The notice to the886
person and any other appropriate individual also shall indicate887
that the person may present testimony and evidence at the hearing888
only in regard to the issue of whether a mistake of fact has been889
made in the national medical support notice.890

       At the hearing, the agency shall determine whether there is a891
mistake of fact in the national medical support notice. The892
agency shall send its determination to the person. That agency's893
determination is final unless, within seven business days after894
the agency makes its determination, the person files a written895
motion with the court for a hearing to determine whether there is896
still a mistake of fact in the national medical support notice.897

       If an agency's determination becomes final under this898
section, the agency shall take further action as required by899
section 3119.41 of the Revised Code.900


       Sec. 3119.39. If a person who has received a notice of902
medical support enforcement activity under section 3119.35 of the903
Revised Code fails to make a timely request under section 3119.38904
of the Revised Code for an administrative hearing, the notice of905
medical support enforcement activity becomes a final determination906
of the child support enforcement agency that issued that notice907
that no mistake of fact exists in the national medical support908
notice referred to in the notice of medical support enforcement909
activity. When an agency's determination becomes final, the910
agency shall take further action as required by section 3119.41 of911
the Revised Code.912

       Sec. 3119.40. If a person who received a notice of medical913
support enforcement activity files a timely written motion for a914
court hearing to determine whether there is still a mistake of915
fact in the national medical support notice referred to in the916
notice of medical support enforcement activity, the court shall917
hold a hearing as soon as possible, but not later than ten days,918
after the motion is filed. Not later than five days before the919
date the court hearing is to be held, the court shall send the920
person and any other individual the agency determines appropriate921
written notice by regular mail of the date, time, place, and922
purpose of that hearing. The hearing shall be limited to a923
determination of whether there is a mistake of fact in the924
national medical support notice.925

       At the hearing, the court shall determine whether there is a926
mistake of fact in the national medical support notice. On927
conclusion of the hearing, the court shall make its determination.928
The determination is final. The court shall take further action929
as provided in section 3119.41 of the Revised Code.930

       Sec. 3119.41. If either a court, under section 3119.40 of the931
Revised Code, or child support enforcement agency, under section932
3119.38 or 3119.39 of the Revised Code, makes a final933
determination that no mistake of fact exists in a national medical934
support notice referred to in a notice of medical support935
enforcement activity sent to a person, the national medical936
support notice shall remain in effect. If a court or agency937
determines that a mistake of fact does exist under the national938
medical support notice, the court or agency, as appropriate, shall939
take whatever action is necessary regarding the notice, which may940
include correction or termination of the notice.941

       If a mistake of fact proceeding is instituted under section942
3119.38 or 3119.40 of the Revised Code, withholding of amounts943
pursuant to a national medical support notice shall continue in944
accordance with the notice until the court or agency, as945
appropriate, terminates or corrects the notice. If the notice is946
corrected, withholding shall occur in accordance with the947
corrected notice.948

       Sec. 3119.47.        Sec. 3119.42.  A child support order issued in949
accordance with section 3119.30 of the Revised Code, any order950
issued under section 3119.41 of the Revised Code, or notice issued951
pursuant to section 3119.443119.33 or 3119.34 of the Revised Code952
is binding on the obligor and the obligee, their employers, and953
any insurerhealth plan administrator that provides health954
insurance coverage for either of them or their children.955

       Sec. 3119.52.        Sec. 3119.421. An insurerA health plan956
administrator that provides health insurance coverage for the957
children who are the subject of a child support order in958
accordance with the child support order, an order issued under959
section 3119.41 of the Revised Code, or a notice issuedsent by an960
employer pursuant to section 3119.443119.36 of the Revised Code,961
shall reimburse the parentindividual who is designated to receive962
reimbursement in the child support order for covered out-of-pocket963
medical, optical, hospital, dental, or prescription expenses964
incurred on behalf of the children.965

       Sec. 3119.53.        Sec. 3119.422.  Nothing in sections 3119.303119.29966
to 3119.583119.56 of the Revised Code shall be construed to967
require an insurera health plan administrator to accept for968
enrollment any child who does not meet the underwriting standards969
of the health insurance or health care policy, contract, or plan970
for which application is made.971

       Sec. 3119.40.        Sec. 3119.43.  If an obligor or obligeethe person972
required to obtain health insurance coverage pursuant to a child973
support order issued in accordance with section 3119.30 of the974
Revised Code does not obtain the required coverage within thirty975
days after the order is issued, the child support enforcement976
agency shall notify the court that issued the court child support977
order or, with respect to an administrative child support order,978
the court of common pleas of the county in which the agency is979
located, in writing of the failure of the obligor or obligee980
person to comply with the child support order.981

       Sec. 3119.57.        Sec. 3119.44.  Whoever violates a court child support982
order issued in accordance with section 3119.30 of the Revised983
Code, or an order issued under section 3119.41 of the Revised984
Code, may be punished as for contempt under Chapter 2705. of the985
Revised Code.986

       Sec. 3119.58.        Sec. 3119.45.  If an obligora person is found in987
contempt under Chapter 2705. for failing to comply with a court988
child support order issued in accordance with section 3119.30 of989
the Revised Code, or an order issued under section 3119.41 of the990
Revised Code, to enforce a court child support order's health991
insurance provisions and the obligorperson previously has been992
found in contempt under that chapter, the court shall consider the993
obligor's failure to comply with the order as a change in994
circumstances for the purpose of modification of the amount of995
support due under the court child support order issued in996
accordance with section 3119.30 of the Revised Code to which the997
person is subject.998

       Sec. 3119.33.        Sec. 3119.46.  An obligee or obligor under a court999
child support order may file a motion with the court that issued1000
the order requesting that the court modify the order to require1001
the obligor to obtainwith regard to health insurance coverage for1002
the children who are the subject of the order. An obligor under a1003
court child support order may file a motion with the court that1004
issued the order requesting that the court modify the order to1005
require the obligee to obtain health insurance coverage for those1006
children.1007

       Sec. 3119.34.        Sec. 3119.47.  On the filing of a motion described in1008
section 3119.333119.46 of the Revised Code, the court shall order1009
the child support enforcement agency to conduct an investigation1010
to determine whether the obligor or obligee has satisfactory1011
health insurance coverage for the children is available to the1012
obligor or obligee, both the obligor and obligee, or the obligor1013
and obligee together. Upon completion of its investigation, the1014
agency shall informprovide to the court, in writing, of its1015
determinationthe information it has obtained through its1016
investigation, including a list of available coverage and the1017
costs of the coverage.1018

       Sec. 3119.35.        Sec. 3119.48.  If a motion is filed pursuant to1019
section 3119.46 of the Revised Code, the court determines that1020
neither the obligor nor the obligee has satisfactory health1021
insurance coverage for the children, it shallmay modify the court1022
child support order in accordance withpursuant to sections1023
3119.30 and 3119.313119.32 of the Revised Code and based on1024
information received from the child support enforcement agency1025
pursuant to section 3119.47 of the Revised Code.1026

       Sec. 3119.37.        Sec. 3119.49.  An obligor or obligee under a court1027
child support order may file a motion with the court that issued1028
the order requesting that the court modify the amount of child1029
support required to be paid under the order because that amount1030
does not adequately cover the medical needs of the child.1031

       Sec. 3119.38.        Sec. 3119.50.  On the filing of a motion described in1032
section 3119.373119.49 of the Revised Code, the court shall1033
determine whether the amount of child support required to be paid1034
under the court child support order adequately covers the medical1035
needs of the child and whether to modify the order.1036

       Sec. 3119.51. The department of job and family services shall1037
adopt rules in accordance with Chapter 119. of the Revised Code as1038
appropriate to implement the requirements of sections 3119.29 to1039
3119.56 of the Revised Code.1040

       Sec. 3119.54.  If an obligee undereither party to a child1041
support order issued in accordance with section 3119.30 of the1042
Revised Code is eligible for medical assistance under Chapter1043
5111. or 5115. of the Revised Code and the obligorother party has1044
obtained health insurance coverage, the obligeeparty eligible for1045
medical assistance shall notify any physician, hospital, or other1046
provider of medical services for which medical assistance is1047
available of the name and address of the obligor'sother party's1048
insurer and of the number of the obligor'sother party's health1049
insurance or health care policy, contract, or plan. Any1050
physician, hospital, or other provider of medical services for1051
which medical assistance is available under Chapter 5111. or 5115.1052
of the Revised Code who is notified under this division of the1053
existence of a health insurance or health care policy, contract,1054
or plan with coverage for children who are eligible for medical1055
assistance shall first bill the insurer for any services provided1056
for those children. If the insurer fails to pay all or any part1057
of a claim filed under this section and the services for which the1058
claim is filed are covered by Chapter 5111. or 5115. of the1059
Revised Code, the physician, hospital, or other medical services1060
provider shall bill the remaining unpaid costs of the services in1061
accordance with Chapter 5111. or 5115. of the Revised Code.1062

       Sec. 3119.56.  An obligor or obligee who fails to comply with1063
a child support order issued in accordance with section 3119.30 of1064
the Revised Code, or anorder issued under section 3119.41 of the1065
Revised Code, is liable to the obligeeother for any medical1066
expenses incurred as a result of the failure to comply with the1067
order. An obligee who fails to comply with a child support order1068
issued in accordance with section 3119.30 of the Revised Code, or1069
an order issued under section 3119.41 of the Revised Code, is1070
liable to the obligor for any medical expenses incurred as a1071
result of the failure to comply with the order.1072

       Sec. 3119.76.  The director of job and family services shall1073
adopt rules pursuant to Chapter 119. of the Revised Code1074
establishing a procedure for determining when existing child1075
support orders should be reviewed to determine whether it is1076
necessary and in the best interest of the children who are the1077
subject of the child support order to change the child support1078
order. The rules shall include, but are not limited to, all of1079
the following:1080

       (A) Any procedures necessary to comply with section1081
666(a)(10) of Title 42 of the U.S. Code, "Family Support Act of1082
1988," 102 Stat. 2346, 42 U.S.C. 666(a)(10), as amended, and any1083
regulations adopted pursuant to, or to enforce, that section;1084

       (B) Procedures for determining what child support orders are1085
to be subject to review upon the request of either the obligor or1086
the obligee or periodically by the child support enforcement1087
agency administering the child support order;1088

       (C) Procedures for the child support enforcement agency to1089
periodically review and to review, upon the request of the obligor1090
or the obligee, any child support order that is subject to review1091
to determine whether the amount of child support paid under the1092
child support order should be adjusted in accordance with the1093
basic child support schedule set forth in section 3119.021 of the1094
Revised Code or whether the provisions for the child's health care1095
needs under the child support order should be modified in1096
accordance with sections 3119.303119.29 to 3119.583119.56 of the1097
Revised Code;1098

       (D) Procedures for giving obligors and obligees notice of1099
their right to request a review of a child support order that is1100
determined to be subject to review, notice of any proposed1101
revision of the amount of child support to be paid under the child1102
support order, notice of the procedures for requesting a hearing1103
on any proposed revision of the amount of child support to be paid1104
under a child support order, notice of any administrative hearing1105
to be held on a proposed revision of the amount of child support1106
to be paid under a child support order, at least forty-five days'1107
prior notice of any review of their child support order, and1108
notice that a failure to comply with any request for documents or1109
information to be used in the review of a child support order is1110
contempt of court;1111

       (E) Procedures for obtaining the necessary documents and1112
information necessary to review child support orders and for1113
holding administrative hearings on a proposed revision of the1114
amount of child support to be paid under a child support order;1115

       (F) Procedures for adjusting child support orders in1116
accordance with the basic child support schedule set forth in1117
section 3119.021 of the Revised Code and the applicable worksheet1118
in section 3119.022 or 3119.023 of the Revised Code, through the1119
line establishing the actual annual obligation;1120

       (G) Procedures for adjusting the provisions of the child1121
support order governing the health care needs of the child1122
pursuant to sections 3119.303119.29 to 3119.583119.56 of the1123
Revised Code.1124

       Sec. 3121.03.  If a court or child support enforcement agency1125
that issued or modified a support order, or the agency1126
administering the support order, is required by the Revised Code1127
to issue one or more withholding or deduction notices described in1128
this section or other orders described in this section, the court1129
or agency shall issue one or more of the following types of1130
notices or orders, as appropriate, for payment of the support and1131
also, if required by the Revised Code or the court, to pay any1132
arrearages:1133

       (A)(1) If the court or the child support enforcement agency1134
determines that the obligor is receiving income from a payor, the1135
court or agency shall require the payor to do all of the1136
following:1137

       (a) Withhold from the obligor's income a specified amount1138
for support in satisfaction of the support order and begin the1139
withholding no later than fourteen business days following the1140
date the notice is mailed to the payor under section 3121.035,1141
3121.896, 3123.021, or 3123.06 of the Revised Code and division1142
(A)(2) of this section or, if the payor is an employer, no later1143
than the first pay period that occurs after fourteen business days1144
following the date the notice is mailed;1145

       (b) Send the amount withheld to the office of child support1146
in the department of job and family services pursuant to section1147
3121.43 of the Revised Code immediately but not later than seven1148
business days after the date the obligor is paid;1149

       (c) Continue the withholding at intervals specified in the1150
notice until further notice from the court or child support1151
enforcement agency.1152

       To the extent possible, the amount specified to be withheld1153
shall satisfy the amount ordered for support in the support order1154
plus any arrearages owed by the obligor under any prior support1155
order that pertained to the same child or spouse, notwithstanding1156
any applicable limitations of sections 2329.66, 2329.70, 2716.02,1157
2716.041, and 2716.05 of the Revised Code. However, in no case1158
shall the sum of the amount to be withheld and any fee withheld by1159
the payor as a charge for its services exceed the maximum amount1160
permitted under section 303(b) of the "Consumer Credit Protection1161
Act," 15 U.S.C. 1673(b).1162

       (2) A court or agency that imposes an income withholding1163
requirement shall, within the applicable time specified in section1164
3119.80, 3119.81, 3121.035, 3121.896, 3123.021, or 3123.06 of the1165
Revised Code, send to the obligor's payor by regular mail a notice1166
that contains all of the information applicable to withholding1167
notices set forth in section 3121.037 of the Revised Code. The1168
notice is final and is enforceable by the court.1169

       (B)(1) If the court or child support enforcement agency1170
determines that the obligor has funds that are not exempt under1171
the laws of this state or the United States from execution,1172
attachment, or other legal process and are on deposit in an1173
account in a financial institution under the jurisdiction of the1174
court that issued the court support order, or in the case of an1175
administrative child support order, under the jurisdiction of the1176
common pleas court of the county in which the agency that issued1177
or is administering the order is located, the court or agency may1178
require any financial institution in which the obligor's funds are1179
on deposit to do all of the following:1180

       (a) Deduct from the obligor's account a specified amount for1181
support in satisfaction of the support order and begin the1182
deduction no later than fourteen business days following the date1183
the notice was mailed to the financial institution under section1184
3121.035 or 3123.06 of the Revised Code and division (B)(2) of1185
this section;1186

       (b) Send the amount deducted to the office of child support1187
in the department of job and family services pursuant to section1188
3121.43 of the Revised Code immediately but not later than seven1189
business days after the date the latest deduction was made;1190

       (c) Provide the date on which the amount was deducted;1191

       (d) Continue the deduction at intervals specified in the1192
notice until further notice from the court or child support1193
enforcement agency.1194

       To the extent possible, the amount to be deducted shall1195
satisfy the amount ordered for support in the support order plus1196
any arrearages that may be owed by the obligor under any prior1197
support order that pertained to the same child or spouse,1198
notwithstanding the limitations of sections 2329.66, 2329.70, and1199
2716.13 of the Revised Code.1200

       (2) A court or agency that imposes a deduction requirement1201
shall, within the applicable period of time specified in section1202
3119.80, 3119.81, 3121.035, or 3123.06 of the Revised Code, send1203
to the financial institution by regular mail a notice that1204
contains all of the information applicable to deduction notices1205
set forth in section 3121.037 of the Revised Code. The notice is1206
final and is enforceable by the court.1207

       (C) With respect to any court support order it issues, a1208
court may issue an order requiring the obligor to enter into a1209
cash bond with the court. The court shall issue the order as part1210
of the court support order or, if the court support order has1211
previously been issued, as a separate order. The cash bond shall1212
be in a sum fixed by the court at not less than five hundred nor1213
more than ten thousand dollars, conditioned that the obligor will1214
make payment as previously ordered and will pay any arrearages1215
under any prior court support order that pertained to the same1216
child or spouse.1217

       The order, along with an additional order requiring the1218
obligor to immediately notify the child support enforcement1219
agency, in writing, if the obligor begins to receive income from a1220
payor, shall be attached to and served on the obligor at the same1221
time as service of the court support order or, if the court1222
support order has previously been issued, as soon as possible1223
after the issuance of the order under this section. The1224
additional order requiring notice by the obligor shall state all1225
of the following:1226

       (1) That when the obligor begins to receive income from a1227
payor the obligor may request that the court cancel its bond order1228
and instead issue a notice requiring the withholding of an amount1229
from income for support in accordance with this section;1230

       (2) That when the obligor begins to receive income from a1231
payor the court will proceed to collect on the bond if the court1232
determines that payments due under the court support order have1233
not been made and that the amount that has not been paid is at1234
least equal to the support owed for one month under the court1235
support order and will issue a notice requiring the withholding of1236
an amount from income for support in accordance with this section.1237
The notice required of the obligor shall include a description of1238
the nature of any new employment, the name and business address of1239
any new employer, and any other information reasonably required by1240
the court.1241

       The court shall not order an obligor to post a cash bond1242
under this section unless the court determines that the obligor1243
has the ability to do so.1244

       A child support enforcement agency may not issue a cash bond1245
order. If a child support enforcement agency is required to issue1246
a withholding or deduction notice under this section with respect1247
to a court support order but the agency determines that no1248
withholding or deduction notice would be appropriate, the agency1249
may request that the court issue a cash bond order under this1250
section, and upon the request, the court may issue the order.1251

       (D)(1) If the obligor under a court support order is1252
unemployed, has no income, and does not have an account at any1253
financial institution, or on request of a child support1254
enforcement agency under division (D)(1) or (2) of this section,1255
the court shall issue an order requiring the obligor, if able to1256
engage in employment, to seek employment or participate in a work1257
activity to which a recipient of assistance under Title IV-A of1258
the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301,1259
as amended, may be assigned as specified in section 407(d) of the1260
"Social Security Act," 42 U.S.C.A. 607(d), as amended. The court1261
shall include in the order a requirement that the obligor notify1262
the child support enforcement agency on obtaining employment,1263
obtaining any income, or obtaining ownership of any asset with a1264
value of five hundred dollars or more. The court may issue the1265
order regardless of whether the obligee to whom the obligor owes1266
support is a recipient of assistance under Title IV-A of the1267
"Social Security Act." The court shall issue the order as part of1268
a court support order or, if a court support order has previously1269
been issued, as a separate order. If a child support enforcement1270
agency is required to issue a withholding or deduction notice1271
under this section with respect to a court support order but1272
determines that no withholding or deduction notice would be1273
appropriate, the agency may request that the court issue a court1274
order under division (D)(1) of this section, and, on the request,1275
the court may issue the order.1276

       (2) If the obligor under an administrative child support1277
order is unemployed, has no income, and does not have an account1278
at any financial institution, the agency shall issue an1279
administrative order requiring the obligor, if able to engage in1280
employment, to seek employment or participate in a work activity1281
to which a recipient of assistance under Title IV-A of the "Social1282
Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended,1283
may be assigned as specified in section 407(d) of the "Social1284
Security Act," 42 U.S.C.A. 607(d), as amended. The agency shall1285
include in the order a requirement that the obligor notify the1286
agency on obtaining employment or income, or ownership of any1287
asset with a value of five hundred dollars or more. The agency1288
may issue the order regardless of whether the obligee to whom the1289
obligor owes support is a recipient of assistance under Title IV-A1290
of the "Social Security Act." If an obligor fails to comply with1291
an administrative order issued pursuant to division (D)(2) of this1292
section, the agency shall submit a request to a court for the1293
court to issue an order under division (D)(1) of this section.1294

       Sec. 3121.035.  Within fifteen days after an obligor under a1295
support order is located following issuance or modification of the1296
support order or within fifteen days after default under a support1297
order, whichever is applicable, the court or child support1298
enforcement agency that issued or modified the support order, or1299
the agency, pursuant to an agreement with the court with respect1300
to a court support order, shall do either of the following:1301

       (A) If a withholding or deduction notice described in1302
section 3121.03 of the Revised Code is appropriate, send the1303
notice by regular mail to each person required to comply with it;1304

       (B) If an order described in section 3121.03, 3121.04 to1305
3121.08, or 3121.12 of the Revised Code is appropriate, issue and1306
send the appropriate order.1307

       Sec. 3121.27.  (A) A court or child support enforcement1308
agency shall include in any order for support it issues a general1309
provision that states the following:1310

       "All support under this order shall be withheld or deducted1311
from the income or assets of the obligor pursuant to a withholding1312
or deduction notice or appropriate order issued in accordance with1313
Chapters 3119., 3121., 3123., and 3125. of the Revised Code or a1314
withdrawal directive issued pursuant to sections 3123.24 to1315
3123.38 of the Revised Code and shall be forwarded to the obligee1316
in accordance with Chapters 3119., 3121., 3123., and 3125. of the1317
Revised Code."1318

       (B) All support orders issued prior to December 31, 1993,1319
that have not been modified or subject to division (B) of former1320
section 3113.21 of the Revised Code or sections 3123.02 to1321
3123.071 of the Revised Code, regarding a default under the order1322
on or after that dateMarch 22, 2001, shall be considered to1323
contain the general provision described in this section and shall1324
be enforced and modified in the same manner as a support order1325
issued on or after December 31, 1993that date.1326

       Sec. 3121.58.  If an obligor fails to pay themake the1327
payment required administrative charge amount with each current1328
support payment due in increments specified under the support1329
orderby division (B) of section 3119.28 of the Revised Code, the1330
office of child support shall maintain a separate arrearage1331
account of that amount for the obligor. The office shall not1332
deduct the unpaid amount from any support payment due the obligee1333
under the support order.1334

       Sec. 3121.67.  The office of child support may enter into1335
contracts with public entities or private vendors for the1336
collection of amounts due under support orders or for the1337
performance of other administrative duties of the office. The1338
office may contract with a public or private entity for the1339
collection of arrearages owed under any child support order for1340
which a court or a child support enforcement agency has found the1341
obligor in default pursuant to a final and enforceable order1342
issued pursuant to sections 3123.023123.01 to 3123.0713123.07 of1343
the Revised Code. Each contract shall comply with the rules1344
adopted pursuant to section 3121.71 of the Revised Code.1345

       Sec. 3121.896.  Not later than the business day after receipt1346
of the notice described in section 3121.895 of the Revised Code,1347
the child support enforcement agency administering the support1348
order shall send a withholding notice to the employer pursuant to1349
section 3121.03 of the Revised Code, unless the employee's income1350
is not subject to withholding, and shall take any other1351
appropriate action under Chapters 3119., 3121., 3123., and 3125.1352
of the Revised Code. Identification of a default under section1353
3123.02 of the Revised Code does not in any way affect the1354
requirement that a withholding notice be sent to an employer under1355
this section within the time required by this section.1356

       Sec. 3123.01.  As used in this chapter:1357

       (A) "Court support order" and "personal earnings" have the1358
same meanings as in section 3119.01 of the Revised Code.1359

       (B) "Default," "financial institution," "income," and1360
"payor" have the same meanings as in section 3121.01 of the1361
Revised Code.1362

       (C) "Default notice" means the notice required by section1363
3123.03 of the Revised Code.1364

       (D) "Period of default" means the period beginning on the1365
date a default under a support order is identified and ending on1366
the date the total arrearage amount owed under the order is paid.1367

       Sec. 3123.021.  If an obligor under a support order is1368
identified as being in default under the order and is also1369
identified under section 3121.895 of the Revised Code as obtaining1370
employment, the withholding notice issued under section 3121.03 of1371
the Revised Code in accordance with section 3121.896 of the1372
Revised Code shall require the arrearage amount resulting from the1373
default to be withheld in addition to current support amounts.1374

       If an obligor under a support order is identified as being in1375
default under the order and is also identified through a source1376
other than section 3121.895 of the Revised Code as obtaining1377
employment, the child support enforcement agency administering the1378
order shall send a withholding notice to the employer pursuant to1379
section 3121.03 of the Revised Code, unless the employee's income1380
is not subject to withholding, not later than two business days1381
after discovery of the employment. The withholding notice shall1382
require the arrearage amount resulting from the default to be1383
withheld in addition to current support amounts.1384

       Section 3123.21 of the Revised Code applies to a withholding1385
notice issued in accordance with this section beginning on the1386
date it is issued and ending on the date the period of default1387
ends.1388

       Sec. 3123.022.  The issuance of a withholding notice in1389
accordance with section 3123.021 of the Revised Code does not1390
affect the obligor's right to contest pursuant to sections 3123.041391
and 3123.05 of the Revised Code an identification of default or1392
the amount of arrearages identified under the default.1393

       The timely filing of a written request or motion for an1394
administrative or court hearing under section 3123.04 or 3123.051395
of the Revised Code does not cause the suspension of a withholding1396
notice issued in accordance with section 3123.021 of the Revised1397
Code.1398

       Sec. 3123.023.  At the time it issues a withholding notice1399
in accordance with section 3123.021 of the Revised Code the child1400
support enforcement agency shall notify the obligee that the1401
notice is being issued.1402

       Sec. 3123.03. (A) As used in this section, "period of1403
default" means the time period beginning on the date a default1404
under a support order is identified and ending on the date the1405
total arrearage amount owed because of the default under the order1406
is paid.1407

       (B) Within fifteen calendar days after the identification of1408
a default under a support order, the child support enforcement1409
agency shall send advance notice to the obligor if the default1410
occurs prior to the date the office of child support in the1411
department of job and family services authorizes centralized1412
collection and disbursement of support amounts under the support1413
order in default. On and after that date, the office shall send1414
the advancea default notice to the obligor. The agency or office,1415
as appropriate, shall send the advance notice to the obligor only1416
once for each period of default. The advancedefault notice shall1417
include a notice describingsummary of the actions that may be1418
taken against the obligor if the court or agency makes a final and1419
enforceable determination that the obligor is in default. If the1420
location of the obligor is unknown at the time of the1421
identification of a default under the support order, the agency or1422
office, as appropriate, shall send the advancedefault notice to1423
the obligor within fifteen days after the agency locates the1424
obligorobligor's last known address.1425

       (C) An advance notice to an obligor required by this section1426
shall contain all of the following:1427

       (1) A statement of the date on which the advance notice is1428
sent, a statement that the obligor is in default under a support1429
order, the amount of arrearages owed by the obligor due to the1430
default as determined by the court or the child support1431
enforcement agency, the types of withholding or deduction1432
requirements and related notices described in section 3121.03 of1433
the Revised Code or the types of court orders described in1434
sections 3121.03, 3121.04 to 3121.08, and 3121.12 of the Revised1435
Code that will be issued to pay support and any arrearages, and1436
the amount that will be withheld or deducted pursuant to those1437
requirements;1438

       (2) A statement that any notice for the withholding or1439
deduction of an amount from income or assets apply to all current1440
and subsequent payors of the obligor and financial institutions in1441
which the obligor has an account and that any withholding or1442
deduction requirement and related notice described in section1443
3121.03 of the Revised Code or any court order described in1444
sections 3121.03, 3121.04 to 3121.08, and 3121.12 of the Revised1445
Code that is issued will not be discontinued solely because the1446
obligor pays any arrearages;1447

       (3) An explanation of the administrative and court action1448
that will take place if the obligor contests the inclusion of any1449
of the provisions;1450

       (4) A statement that the contents of the advance notice are1451
final and are enforceable by the court unless the obligor files1452
with the child support enforcement agency, within seven days after1453
the date on which the advance notice is sent, a written request1454
for an administrative hearing to determine whether a mistake of1455
fact was made in the notice.1456

       Sec. 3123.031.  The default notice shall contain all of the1457
following:1458

       (A) The date on which it is sent;1459

       (B) A statement that the obligor is in default under a1460
support order;1461

       (C) The amount of arrearages the obligor owes due to the1462
default as of the date the default notice is sent;1463

       (D) A statement that any arrearages owed by the obligor that1464
arise after the default notice is sent and during the period of1465
default will be added to the obligor's total child support1466
obligation and will be subject to collection efforts without1467
further default notice;1468

       (E) A statement of the types of withholding or deduction1469
requirements and related notices described in section 3121.03 of1470
the Revised Code or the types of court orders described in1471
sections 3121.03, 3121.04 to 3121.08, and 3121.12 of the Revised1472
Code that will be issued for payment of support and arrearages and1473
the amount that will be withheld or deducted pursuant to those1474
requirements;1475

       (F) A statement that any notice for the withholding or1476
deduction of an amount from income or assets applies to all1477
current and subsequent payors of the obligor and financial1478
institutions in which the obligor has an account and that any1479
withholding or deduction requirement and related notice described1480
in section 3121.03 of the Revised Code or any court order1481
described in sections 3121.03, 3121.04 to 3121.08, and 3121.12 of1482
the Revised Code that is issued will not be discontinued solely1483
because the obligor pays arrearages;1484

       (G) A statement that the obligor may file with the child1485
support enforcement agency, within seven business days after the1486
date on which the default notice is sent, a written request for an1487
administrative hearing under section 3123.04 of the Revised Code;1488

       (H) A statement that, if the obligor files a timely written1489
request for an administrative hearing, the obligor may file with1490
the court, within seven business days after the agency makes its1491
determinations under the administrative hearing, a written motion1492
for a court hearing under section 3123.05 of the Revised Code;1493

       (I) An explanation of the administrative and court action1494
that will take place if the obligor files a timely written request1495
or motion for an administrative or court hearing;1496

       (J) An explanation of how a final and enforceable1497
determination of default and amount of arrearages is made under1498
sections 3123.032, 3123.04, and 3123.05 of the Revised Code;1499

       (K) A statement that a withholding notice may be issued in1500
accordance with section 3123.021 of the Revised Code if the child1501
support enforcement agency determines the obligor has obtained1502
employment and an explanation of the provisions of section1503
3123.022 of the Revised Code.1504

       Sec. 3123.032.  (A) If an obligor who has received a1505
default notice under section 3123.03 of the Revised Code fails to1506
make a timely request for an administrative hearing under section1507
3123.04 of the Revised Code, the default notice becomes a final1508
and enforceable determination by the child support enforcement1509
agency that identified the default of both of the following:1510

       (1) The obligor is in default under the support order.1511

       (2) The amount of the arrearage owed as a result of the1512
default.1513

       (B) If an agency's determination becomes final and1514
enforceable under this section, the agency shall take further1515
action as required under section 3123.06 of the Revised Code.1516

       Sec. 3123.031.        Sec. 3123.033.  The department of job and family1517
services shall adopt standard forms for the advancedefault1518
notice. All courts and child support enforcement agencies shall1519
use those forms, and the support withholding and deduction notice1520
forms adopted under section 3121.0310 of the Revised Code, in1521
complying with this chapter.1522

       Sec. 3123.034. An advance notice issued under section 3123.031523
of the Revised Code as that section existed prior to the effective1524
date of this section shall be treated the same as a default notice1525
issued under section 3123.03 of the Revised Code as amended by1526
this act. If an obligor subject to an advance notice has not1527
exhausted the rights to contest withholding or deduction because1528
of a mistake of fact pursuant to sections 3123.02 to 3123.071 of1529
the Revised Code as those sections existed prior to the effective1530
date of this section, the obligor may proceed in accordance with1531
sections 3123.03 to 3123.06 of the Revised Code as amended by this1532
act at the comparable point of the proceedings.1533

       Sec. 3123.04. IfAn obligor who receives a default notice1534
under section 3123.03 of the Revised Code may file a written1535
request for an administrative hearing with the child support1536
enforcement agency that identified the default regarding whether a1537
mistake of fact was made in the notice. The request must be filed1538
not later than seven business days after the date on which the1539
default notice is sent.1540

       If the obligor requestsmakes a timely request for a hearing1541
regarding the advance notice in accordance with division (C)(4) of1542
section 3123.03 of the Revised Code, the child support enforcement1543
agency shall conduct an administrative hearing no later than ten1544
days after the date on which the obligor files the request for the1545
hearing. No later than five days before the date on which the1546
hearing is to be conducted, the agency shall send the obligor and1547
the obligee written notice of the date, time, place, and purpose1548
of the hearing. The notice to the obligor and obligee also shall1549
indicate that the obligor may present testimony and evidence at1550
the hearing only in regard to the issue of whether a mistake of1551
fact was made in the advancedefault notice.1552

       At the hearing, the child support enforcement agency shall1553
determine whether a mistake of fact was made in the advance1554
default notice. If it determines that a mistake of fact was made,1555
the agency shall determine the provisions that should be changed1556
and included in a corrected notice and shall correct the advance1557
notice accordingly. The agency shall send its determinations to1558
the obligor. The agency's determinations are final and are1559
enforceable by the court unless, within seven business days after1560
the agency makes its determinations, the obligor files a written1561
motion with the court for a court hearing to determine whether a1562
mistake of fact still exists in the advancedefault notice or1563
corrected advance notice.1564

       If an agency's determination becomes final and enforceable1565
under this section, the agency shall take further action as1566
required under section 3123.06 of the Revised Code.1567

       Sec. 3123.05.  If, withinnot later than seven business days1568
after the child support enforcement agency makes its1569
determinations under section 3123.04 of the Revised Code, the1570
obligor files a written motion for a court hearing to determine1571
whether a mistake of fact still exists in the advancedefault1572
notice or the corrected advance notice, the court shall hold a1573
hearing on the request as soon as possible, but nonot later than1574
ten days, after the requestmotion is filed. If the obligor1575
requests a court hearing, noNot later than five days before the1576
date on which the court hearing is to be held, the court shall1577
send the obligor and the obligee written notice by regular mail of1578
the date, time, place, and purpose of the court hearing. The1579
hearing shall be limited to a determination of whether there is a1580
mistake of fact in the advancedefault notice or the corrected1581
advance notice.1582

       If, at a hearing conducted under this section, the court1583
detects a mistake of fact in the advance notice or the corrected1584
advance notice, it shall immediately correct the notice.1585

       At the hearing, the court shall determine whether there is a1586
mistake of fact in the default notice. On the conclusion of the1587
hearing, the court shall make its determination. The1588
determination is final and enforceable. The court shall take1589
further action as provided in section 3123.06 of the Revised Code.1590

       Sec. 3123.06. On exhaustion of all rights of the obligor to1591
contest the withholding or deduction on the basis of a mistake of1592
fact and no later than the expiration of forty-five days after the1593
issuance of the advance notice under section 3123.03 of the1594
Revised Code(A) If either a court, under section 3123.05 of the1595
Revised Code, or child support enforcement agency, under section1596
3123.032 or 3123.04 of the Revised Code, makes a final and1597
enforceable determination that an obligor is in default under a1598
support order, one of the following shall apply:1599

       (1) If no withholding notice was issued in accordance with1600
section 3123.021 of the Revised Code with respect to the order,1601
the court or child support enforcement agency shall issue one or1602
more notices requiring withholding or deduction of income or1603
assets of the obligor in accordance with section 3121.03 of the1604
Revised Code, or the court shall issue one or more court orders1605
imposing other appropriate requirements in accordance with1606
sections 3121.03, 3121.035, 3121.04 to 3121.08, and 3121.12 of the1607
Revised Code.1608

       (2) If a withholding notice was issued in accordance with1609
section 3123.021 of the Revised Code with respect to the order and1610
the final and enforceable determination of default altered the1611
arrearage amount stated in the default notice, the court or1612
agency, whichever made the determination, shall revise the1613
withholding notice and may issue, as appropriate, any of the1614
notices or orders described in division (A)(1) of this section.1615

       (3) If a withholding notice was issued in accordance with1616
section 3123.021 of the Revised Code with respect to the order but1617
the final and enforceable determination of default did not alter1618
the arrearage amount stated in the default notice, the withholding1619
notice shall remain in effect. The court or agency, in addition1620
and as appropriate, may issue any other notice or order described1621
in division (A)(1) of this section.1622

       (B) If a court, under section 3123.05 of the Revised Code, or1623
an agency, under section 3123.04 of the Revised Code, determines1624
that no default exists under a support order, the court or agency1625
shall terminate the default proceedings. If a withholding notice1626
was issued in accordance with section 3123.021 of the Revised Code1627
with respect to the order, the court or agency, whichever made the1628
final and enforceable determination, shall revise the withholding1629
notice, and may issue, as appropriate, any of the notices or1630
orders described in division (A)(1) of this section, to collect1631
current support.1632

       (C) A withholding or deduction notice issued under division1633
(A)(1), (2), or (3) of this section shall require the payment of1634
arrearages caused by the default along with any payment for1635
current support. A withholding or deduction notice or other1636
appropriate order described under this section shall be issued not1637
later than fifteen days after the determination of default under1638
the support order becomes final and enforceable. Section 3123.211639
of the Revised Code applies to a withholding or deduction notice1640
or other appropriate order described under division (A) of this1641
section beginning on the date it is issued and ending on the date1642
the period of default ends.1643

       Sec. 3123.061. Section 3123.21 of the Revised Code applies to1644
a withholding or deduction notice or other appropriate order1645
issued under section 3123.06 of the Revised Code as that section1646
existed prior to the effective date of this section beginning on1647
the date the notice or order was issued and ending on the date the1648
period of default ends.1649

       Sec. 3123.062.        Sec. 3123.07.  The failure of the court oroffice of1650
child support enforcement agencyin the department of job and1651
family services to give the default notice required by section1652
3123.063123.03 of the Revised Code does not affect the ability of1653
any child support enforcement agency or court to issue any notice1654
or order for the payment of support, does not provide any defense1655
to any notice or order for the payment of support, and does not1656
affect any obligation to pay support.1657

       Sec.  3123.17.  (A) When a court issues or modifies a1658
court support order, the court shall determine the following:1659

       (1) Whether the obligor is in default under a prior court1660
support order or the court support order being modified;1661

       (2) If the obligor is in default, the date the court support1662
order went into default and the amount of support arrearages owed1663
pursuant to the default.1664

       If the court determines the obligor is in default under a1665
support order, the court shall issue a new order requiring the1666
obligor to pay support. If the court determines the default was1667
willful, the court shallmay assess interest on the arrearage1668
amount from the date the court specifies as the date of default1669
to the date the court issues the new order requiring the payment1670
of support and, if interest is assessed, shall compute the1671
interest at the rate specified in section 1343.03 of the Revised1672
Code. The court shall specify in the support order the amount of1673
interest the court assessed against the obligor, if any, and1674
incorporate the amount of interest into the new monthly payment1675
plan.1676

       (B) When a court issues or modifies a court support order,1677
the court may include in the support order a statement ordering1678
either party to pay the costs of the action, including, but not1679
limited to, attorney's fees, fees for genetic tests in contested1680
actions under sections 3111.01 to 3111.18 of the Revised Code,1681
and court costs.1682

       Sec. 3123.171.  Notwithstanding section 1343.03 of the1683
Revised Code, interest may be charged on the amount of support1684
arrearages owed pursuant to a default under a child support order1685
only as provided by section 3123.17 of the Revised Code. 1686

       Sec. 3123.18.  If a court or child support enforcement1687
agency made a final and enforceable determination under sections1688
3123.02 to 3123.071 of the Revised Code as those sections existed1689
prior to the effective date of this section or makes a final and1690
enforceable determination under sections 3123.01 to 3123.07 of the1691
Revised Code that an obligor is in default under a support order,1692
each payment or installment that was due and unpaid under the1693
support order that is the basis for the default determination plus1694
any arrearage amounts that accrue after the default determination1695
and during the period of default shall be a final judgment which1696
has the full force, effects, and attributes of a judgment entered1697
by a court of this state for which execution may issue under Title1698
XXIII of the Revised Code.1699

       Sec. 3123.181.  On the request of an obligor, obligee, or1700
authorized representative of an obligor or obligee, the child1701
support enforcement agency administering the order for which a1702
judgment under section 3123.18 of the Revised Code has arisen1703
shall issue to the obligor and obligee or their authorized1704
representatives a certified pay-off statement of the total amount1705
due on the judgment as of the time of the request. The certified1706
pay-off statement shall be valid for a period of thirty days after1707
the date it was issued.1708

       Sec. 3123.182.  During the period a certified pay-off1709
statement issued under section 3123.181 of the Revised Code is1710
valid, the obligee under the support order for which the statement1711
was issued, or a child support enforcement agency on behalf of the1712
obligee, may bring an action to obtain execution on the certified1713
pay-off statement in the common pleas court that issued the1714
support order or, if the order is an administrative child support1715
order, the common pleas court of the county served by the agency1716
that issued the order. The court shall treat the certified pay-off1717
statement as a rebuttable presumption of the amount of the1718
judgment. The court shall not require the reduction of unpaid1719
support payments and installments or arrearages under the support1720
order for which the certified pay-off statement applies to a lump1721
sum for purposes of execution. 1722

       Sec. 3123.183.  Nothing in sections 3123.18 to 3123.182 of1723
the Revised Code limits the applicability of section 3123.22 of1724
the Revised Code.1725

       Sec. 3123.25.  (A) If, as a result of information obtained1726
pursuant to an agreement under section 3121.74 of the Revised1727
Code, the office of child support in the department of job and1728
family services finds or receives notice that identifies an1729
obligor in default who maintains an account with a financial1730
institution, the office shall, within one business day, enter the1731
information into the case registry established pursuant to section1732
3121.81 of the Revised Code.1733

       (B) If a child support enforcement agency, after examining1734
the case registry, determines that an obligor in default under a1735
support order administered by the agency maintains an account in a1736
financial institution, the agency shall determine whether the1737
obligor is subject to a final and enforceable determination of1738
default made under sections 3123.033123.01 to 3123.0713123.07 of1739
the Revised Code. If the obligor is subject to a final and1740
enforceable determination of default, the agency may issue an1741
access restriction notice to the financial institution in which1742
the obligor's account is maintained.1743

       Sec. 3123.42.  If either of the following occurs with respect1744
to an individual who is an obligor under a child support order,1745
the child support enforcement agency administering the order may1746
determine whether the individual holds a license issued by a board1747
or, if possible, whether the individual has applied for, or is1748
likely to apply for, a license:1749

       (A) A court or child support enforcement agency makes a1750
final and enforceable determination under sections 3123.023123.011751
to 3123.0713123.07 of the Revised Code that the individual is in1752
default under the child support order.1753

       (B) The individual fails, after receiving appropriate1754
notice, to comply with a subpoena or warrant issued by the court1755
or child support enforcement agency with respect to a proceeding1756
to enforce the child support order.1757

       Sec. 3123.53.  If either of the following occurs with respect1758
to an individual who is an obligor under a child support order,1759
the child support enforcement agency administering the child1760
support order may determine whether the individual holds a1761
driver's or commercial driver's license, motorcycle operator's1762
license or endorsement, temporary instruction permit, or1763
commercial driver's temporary instruction permit issued by the1764
registrar of motor vehicles or a deputy registrar or, if possible,1765
whether the individual has applied for or is likely to apply for1766
that license, endorsement, or permit:1767

       (A) A court or child support enforcement agency makes a1768
final and enforceable determination under sections 3123.023123.011769
to 3123.0713123.07 of the Revised Code that the individual is in1770
default under the child support order.1771

       (B) The individual fails, after receiving appropriate1772
notice, to comply with a subpoena or warrant issued by the court1773
or child support enforcement agency with respect to a proceeding1774
to enforce the child support order.1775

       Sec.  3123.62.  (A) As used in this section, "recreational1776
license" means any license, permit, or stamp issued pursuant to1777
section 1533.10, 1533.11, 1533.111, 1533.112, or 1533.32 of the1778
Revised Code.1779

       (B) If a court or child support enforcement agency makes a1780
final and enforceable determination pursuant to sections 3123.021781
3123.01 to 3123.0713123.07 of the Revised Code that an individual1782
is in default under a child support order, the agency1783
administering the child support order may determine whether the1784
individual holds a recreational license or, if possible, whether1785
the individual has applied for, or is likely to apply for, such a1786
license. If the agency determines that the individual holds, has1787
applied for, or is likely to apply for, such a license, it shall1788
follow procedures that are substantively the same as those set1789
forth in sections 3123.42 to 3123.46 of the Revised Code and the1790
division of wildlife shall follow procedures that are1791
substantively the same as those set forth in sections 3123.47 to1792
3123.50 of the Revised Code with respect to the license if both of1793
the following apply:1794

       (1) The division of wildlife has implemented a computer1795
system that maintains license numbers for licenses issued by the1796
division, the names of persons to whom licenses are issued, and1797
the social security numbers of persons to whom licenses are1798
issued.1799

       (2) The division has established safeguards that eliminate1800
the risk that social security numbers provided to the division for1801
the purpose of child support enforcement may be used for purposes1802
other than those permitted by federal law.1803

       Sec. 3123.66.  If a court or a child support enforcement1804
agency makes a final and enforceable determination pursuant to1805
sections 3123.023123.01 to 3123.0713123.07 of the Revised Code1806
that an obligor is in default under a support order, the agency1807
administering the support order may assert a lien on real and1808
personal property of the obligor located in this state.1809

       Sec. 3123.67.  The amount of the arrearage due under the1810
support order determined to be in default pursuant to sections1811
3123.023123.01 to 3123.0713123.07 of the Revised Code, and any1812
amounts due for current support that become an arrearage after the1813
date the default determination was made, shall be a lien against1814
all personal property, including after-acquired property, of the1815
obligor that is situated in this state. The lien may be filed1816
with the county recorder in each county of the state in which the1817
personal property is located. The amount of the arrearage due1818
under the support order determined to be in default and any1819
amounts due for current support that become an arrearage after the1820
date the default determination was made, shall be a lien against1821
real property, including after-acquired property, of the obligor1822
after the lien is filed with a county recorder of this state in1823
which the real property is located. A lien may be filed with the1824
county recorder in each county of the state in which real property1825
of the obligor is located. In recording the lien, if registered1826
land is involved, the county recorder shall take all necessary1827
action required by Chapter 5309. of the Revised Code. The county1828
recorder may be compensated for liens filed under this section1829
pursuant to the development of unit costs that are reimbursed1830
under the provider contract entered into pursuant to Title IV-D of1831
the "Social Security Act," 88 Stat. 2351 (1975), 42 U.S.C. 651, as1832
amended.1833

       Sec. 3123.92.  If a court or child support enforcement agency1834
makes a final and enforceable determination pursuant to sections1835
3123.023123.01 to 3123.0713123.07 of the Revised Code that an1836
obligor is in default under a support order, the child support1837
enforcement agency administering the support order shall contact1838
at least one consumer reporting agency in this state and provide1839
to the consumer reporting agency the obligor's name, address, and1840
social security number or other identification number and any1841
other identifying information concerning the obligor the child1842
support enforcement agency has. A child support enforcement1843
agency shall not charge a consumer reporting agency a fee for1844
information provided by the child support enforcement agency1845
pursuant to this section.1846

       Sec. 3924.48.  (A) If a parent of a child is required by a1847
court or administrative order to provide health care coverage for1848
the child, and if the parent is eligible for family health care1849
coverage provided by a health insurer, the health insurer shall do1850
both of the following:1851

       (1) If the child is otherwise eligible for the coverage,1852
permit the parent to enroll the child under the family coverage1853
without regard to any enrollment period restrictions;1854

       (2) If the parent is enrolled under the coverage but fails1855
to make application to obtain coverage for the child, enroll the1856
child under the family coverage upon application of the child's1857
other parent or pursuant to a child support order containing1858
provisions in compliance with sections 3119.303119.29 to 3119.581859
3119.56 of the Revised Code.1860

       (B) The health insurer shall not terminate the child's1861
coverage unless the health insurer is provided satisfactory1862
written evidence of either of the following:1863

       (1) The court or administrative order is no longer in1864
effect.1865

       (2) The child is or will be enrolled under comparable health1866
care coverage provided by another health insurer, which coverage1867
will take effect not later than the effective date of the1868
termination of the current coverage.1869

       (C) As used in this section, "child support order" has the1870
same meaning as in section 3119.01 of the Revised Code.1871

       Sec. 3924.49.  (A) If a parent of a child is required by a1872
court or administrative order to provide health careinsurance1873
coverage for the child, which coverage is available through an1874
employer doing business in this state, the employer shall do all1875
of the following:1876

       (1) If the child is otherwise eligible for the family1877
coverage, permit the parent to enroll the child under the coverage1878
without regard to any enrollment period restrictions;1879

       (2) If the parent is enrolled under the coverage but fails1880
to make application to obtain coverage for the child, enroll the1881
child under the family coverage upon application of the child's1882
other parent or pursuant to a child support order containing1883
provisions in compliance with sections 3119.303119.29 to 3119.581884
3119.56 of the Revised Code;1885

       (3) Withhold from the employee's compensation the employee's1886
share of premiums for the health care coverage, if any, and pay1887
that amount to the health insurer providing the coverage;1888

        (4) Comply with the requirements of sections 3119.36 to1889
3119.364 and 3119.42 of the Revised Code and any rules adopted by1890
the department of job and family services under section 3119.51 of1891
the Revised Code.1892

       (B) The employer shall not terminate the child's coverage1893
unless the employer has eliminated family coverage for all of its1894
employees or unless the employer is provided satisfactory written1895
evidence of either of the following:1896

       (1) The court or administrative order is no longer in1897
effect.1898

       (2) The child is or will be enrolled under comparable health1899
care coverage that will take effect not later than the effective1900
date of the termination of the current coverage.1901

       (C) As used in this section, "child support order" has the1902
same meaning as in section 3119.01 of the Revised Code.1903

       Sec. 4705.021.  (A) As used in this section:1904

       (1) "Disciplinary counsel" means the disciplinary counsel1905
appointed by the board of commissioners on grievances and1906
discipline of the supreme court under the Rules for the Government1907
of the Bar of Ohio.1908

       (2) "Certified grievance committee" means a duly constituted1909
and organized committee of the Ohio state bar association or of1910
one or more local bar associations of the state that complies with1911
the criteria set forth in rule V, section 3 of the Rules for the1912
Government of the Bar of Ohio.1913

       (3) "Child support order" has the same meaning as in section1914
3119.01 of the Revised Code.1915

       (B) If an individual who has been admitted to the bar by1916
order of the supreme court in compliance with its published rules1917
is determined pursuant to sections 3123.023123.01 to 3123.0711918
3123.07 of the Revised Code by a court or child support1919
enforcement agency to be in default under a support order being1920
administered or handled by a child support enforcement agency,1921
that agency may send a notice listing the name and social security1922
number or other identification number of the individual and a1923
certified copy of the court or agency determination that the1924
individual is in default to the secretary of the board of1925
commissioners on grievances and discipline of the supreme court1926
and to either the disciplinary counsel or the president,1927
secretary, and chairperson of each certified grievance committee.1928

       Section 2.  That existing sections 1349.01, 2151.231,1929
2151.33, 2151.49, 3111.81, 3113.07, 3119.01, 3119.30, 3119.301,1930
3119.31, 3119.33, 3119.34, 3119.35, 3119.37, 3119.38, 3119.40,1931
3119.46, 3119.47, 3119.48, 3119.49, 3119.491, 3119.50, 3119.52,1932
3119.53, 3119.54, 3119.56, 3119.57, 3119.58, 3119.76, 3121.03,1933
3121.035, 3121.27, 3121.58, 3121.67, 3121.896, 3123.01, 3123.03,1934
3123.031, 3123.04, 3123.05, 3123.06, 3123.062, 3123.17, 3123.25,1935
3123.42, 3123.53, 3123.62, 3123.66, 3123.67, 3123.92, 3924.48,1936
3924.49, and 4705.021 and sections 3119.41, 3119.43, 3119.44,1937
3119.45, 3119.51, 3123.061, 3123.07, 3123.071, and 3123.18 of the1938
Revised Code are hereby repealed.1939

       Section 3. This act is hereby declared to be an emergency1940
measure necessary for the immediate preservation of the public1941
peace, health, and safety. The reason for such necessity is that1942
federal law requires states to begin using the national medical1943
support notice in child support enforcement by January 1, 2003,1944
and this act provides for the notice's use. Therefore, this act1945
shall go into immediate effect.1946