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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 the | 11 |
purpose of adopting new section numbers as | 12 |
indicated in parentheses, sections 3119.31 | 13 |
(3119.32), 3119.33 (3119.46), 3119.34 (3119.47), | 14 |
3119.35 (3119.48), 3119.37 (3119.49), 3119.38 | 15 |
(3119.50), 3119.40 (3119.43), 3119.46 (3119.352), | 16 |
3119.47 (3119.42), 3119.48 (3119.361), 3119.49 | 17 |
(3119.362), 3119.491 (3119.363), 3119.50 | 18 |
(3119.364), 3119.52 (3119.421), 3119.53 (3119.422), | 19 |
3119.57 (3119.44), 3119.58 (3119.45), 3123.031 | 20 |
(3123.033), and 3123.062 (3123.07); to enact new | 21 |
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 sections | 24 |
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 to | 27 |
repeal sections 3119.41, 3119.43, 3119.44, 3119.45, | 28 |
3119.51, 3123.061, 3123.07, 3123.071, and 3123.18 | 29 |
of the Revised Code to revise the law governing | 30 |
child support enforcement and to declare an | 31 |
emergency. | 32 |
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 4705.021 | 40 |
be amended, sections 3119.31 (3119.32), 3119.33 (3119.46), 3119.34 | 41 |
(3119.47), 3119.35 (3119.48), 3119.37 (3119.49), 3119.38 | 42 |
(3119.50), 3119.40 (3119.43), 3119.46 (3119.352), 3119.47 | 43 |
(3119.42), 3119.48 (3119.361), 3119.49 (3119.362), 3119.491 | 44 |
(3119.363), 3119.50 (3119.364), 3119.52 (3119.421), 3119.53 | 45 |
(3119.422), 3119.57 (3119.44), 3119.58 (3119.45), 3123.031 | 46 |
(3123.033), and 3123.062 (3123.07) be amended for the purpose of | 47 |
adopting new section numbers as indicated in parentheses, and new | 48 |
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 and | 50 |
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 as | 53 |
follows: | 54 |
Sec. 1349.01. (A) As used in this section: | 55 |
(1) "Consumer reporting agency" has the same meaning as in | 56 |
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 pleas | 58 |
having jurisdiction over actions for divorce, annulment, | 59 |
dissolution of marriage, legal separation, child support, or | 60 |
spousal support. | 61 |
(3) "Health insurance coverage" means hospital, surgical, or | 62 |
medical expense coverage provided under any health insurance or | 63 |
health care policy, contract, or plan or any other health benefits | 64 |
arrangement. | 65 |
(4) "Provider" has the same meaning as in section 3902.11 | 66 |
of the Revised Code. | 67 |
(B) If, pursuant to an action for divorce, annulment, | 68 |
dissolution of marriage, or legal separation, the court determines | 69 |
that a party who is a resident of this state is responsible for | 70 |
obtaining health insurance coverage for the party's former spouse | 71 |
or children or if, pursuant to a child support order issued in | 72 |
accordance
with sections
| 73 |
the Revised Code, the court requires a party who is a resident of | 74 |
this state to obtain health insurance coverage for the children | 75 |
who are the subject of the child support order, and the party | 76 |
fails to obtain such coverage, no provider or collection agency | 77 |
shall collect or attempt to collect from the former spouse, | 78 |
children, or person responsible for the children, any | 79 |
reimbursement of any hospital, surgical, or medical expenses | 80 |
incurred by the provider for services rendered to the former | 81 |
spouse or children, which expenses would have been covered but for | 82 |
the failure of the party to obtain the coverage, if the former | 83 |
spouse, any of the children, or a person responsible for the | 84 |
children, provides the following to the provider or collection | 85 |
agency: | 86 |
(1) A copy of the court order requiring the party to obtain | 87 |
health insurance coverage for the former spouse or children. | 88 |
(2) Reasonable assistance in locating the party and | 89 |
obtaining information about the party's health insurance coverage. | 90 |
(C) If the requirements of divisions (B)(1) and (2) of this | 91 |
section are not met, the provider or collection agency may collect | 92 |
the hospital, surgical, or medical expenses both from the former | 93 |
spouse or person responsible for the children and from the party | 94 |
who failed to obtain the coverage. If the requirements of | 95 |
divisions (B)(1) and (2) are met, the provider or collection | 96 |
agency may collect or attempt to collect the expenses only from | 97 |
the party. | 98 |
A party required to obtain health insurance coverage for a | 99 |
former spouse or children who fails to obtain the coverage is | 100 |
liable to the provider for the hospital, surgical, or medical | 101 |
expenses incurred by the provider as a result of the failure to | 102 |
obtain the coverage. This section does not prohibit a former | 103 |
spouse or person responsible for the children from initiating an | 104 |
action to enforce the order requiring the party to obtain health | 105 |
insurance for the former spouse or children or to collect any | 106 |
amounts the former spouse or person responsible for the children | 107 |
pays for hospital, surgical, or medical expenses for which the | 108 |
party is responsible under the order requiring the party to obtain | 109 |
health insurance for the former spouse or children. | 110 |
(D)(1) If the requirements of divisions (B)(1) and (2) of | 111 |
this section are met, both of the following restrictions shall | 112 |
apply: | 113 |
(a) No collection agency or provider of hospital, surgical, | 114 |
or medical services may report to a consumer reporting agency, for | 115 |
inclusion in the credit file or credit report of the former spouse | 116 |
or person responsible for the children, any information relative | 117 |
to the nonpayment of expenses for the services incurred by the | 118 |
provider, if the nonpayment is the result of the failure of the | 119 |
party responsible for obtaining health insurance coverage to | 120 |
obtain health insurance coverage. | 121 |
(b) No consumer reporting agency shall include in the credit | 122 |
file or credit report of the former spouse or person responsible | 123 |
for the children, any information relative to the nonpayment of | 124 |
any hospital, surgical, or medical expenses incurred by a provider | 125 |
as a result of the party's failure to obtain the coverage. | 126 |
(2) If the requirements of divisions (B)(1) and (2) of this | 127 |
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 former | 131 |
spouse or person responsible for the children, any information | 132 |
relative to the nonpayment of expenses for the services incurred | 133 |
by the provider, if the nonpayment is the result of the failure of | 134 |
the party responsible for obtaining health insurance coverage to | 135 |
obtain such coverage. | 136 |
(b) A consumer reporting agency may include in the credit | 137 |
file or credit report of the former spouse or person responsible | 138 |
for the children, any information relative to the nonpayment of | 139 |
any hospital, surgical, or medical expenses incurred by the | 140 |
provider, if the nonpayment is the result of the failure of the | 141 |
party responsible for obtaining health insurance coverage to | 142 |
obtain such coverage. | 143 |
(3)(a) A provider of hospital, surgical, or medical | 144 |
services, or a collection agency, may report to a consumer | 145 |
reporting agency, for inclusion in the credit file or credit | 146 |
report of that party, any information relative to the nonpayment | 147 |
of expenses for the services incurred by the provider, if the | 148 |
nonpayment is the result of the failure of the party responsible | 149 |
for obtaining health insurance coverage to obtain such coverage. | 150 |
(b) A consumer reporting agency may include in the credit | 151 |
file or credit report of the party responsible for obtaining | 152 |
health insurance coverage, any information relative to the | 153 |
nonpayment of any hospital, surgical, or medical expenses incurred | 154 |
by a provider, if the nonpayment is the result of the failure of | 155 |
that party to obtain health insurance coverage. | 156 |
(4) If any information described in division (D)(2) of this | 157 |
section is placed in the credit file or credit report of the | 158 |
former spouse or person responsible for the children, the consumer | 159 |
reporting agency shall remove the information from the credit file | 160 |
and credit report if the former spouse or person responsible for | 161 |
the children provides the agency with the information required in | 162 |
divisions (B)(1) and (2) of this section. If the agency fails to | 163 |
remove the information from the credit file or credit report | 164 |
pursuant to the terms of the "Fair Credit Reporting Act," 84 Stat. | 165 |
1128, 15 U.S.C. 1681a, within a reasonable time after receiving | 166 |
the information required by divisions (B)(1) and (2) of this | 167 |
section, the former spouse may initiate an action to require the | 168 |
agency to remove the information. | 169 |
If any information described in division (D)(3) of this | 170 |
section is placed in the party's credit file or credit report, the | 171 |
party has the burden of proving that the party is not responsible | 172 |
for obtaining the health insurance coverage or, if responsible, | 173 |
that the expenses incurred are not covered expenses. If the party | 174 |
meets that burden, the agency shall remove the information from | 175 |
the party's credit file and credit report immediately. If the | 176 |
agency fails to remove the information from the credit file or | 177 |
credit report immediately after the party meets the burden, the | 178 |
party may initiate an action to require the agency to remove the | 179 |
information. | 180 |
Sec. 2151.231. The parent, guardian, or custodian of a | 181 |
child, the person with whom a child resides, or the child support | 182 |
enforcement agency of the county in which the child, parent, | 183 |
guardian, or custodian of the child resides may bring an action in | 184 |
a juvenile court or other court with jurisdiction under section | 185 |
2101.022 or 2301.03 of the Revised Code under this section | 186 |
requesting the court to issue an order requiring a parent of the | 187 |
child to pay an amount for the support of the child without regard | 188 |
to the marital status of the child's parents. No action may be | 189 |
brought under this section against a person presumed to be the | 190 |
parent of a child based on an acknowledgment of paternity that has | 191 |
not yet become final under former section 3111.211 or 5101.314 or | 192 |
section 2151.232, 3111.25, or 3111.821 of the Revised Code. | 193 |
The parties to an action under this section may raise the | 194 |
issue of the existence or nonexistence of a parent-child | 195 |
relationship, unless a final and enforceable determination of the | 196 |
issue has been made with respect to the parties pursuant to | 197 |
Chapter 3111. of the Revised Code or an acknowledgment of | 198 |
paternity signed by the child's parents has become final pursuant | 199 |
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 is | 201 |
filed under this section and an issue concerning the existence or | 202 |
nonexistence of a parent-child relationship is raised, the court | 203 |
shall treat the action as an action pursuant to sections 3111.01 | 204 |
to 3111.18 of the Revised Code. An order issued in an action | 205 |
under this section does not preclude a party to the action from | 206 |
bringing a subsequent action pursuant to sections 3111.01 to | 207 |
3111.18 of the Revised Code if the issue concerning the existence | 208 |
or nonexistence of the parent-child relationship was not | 209 |
determined with respect to the party pursuant to a proceeding | 210 |
under this section, a proceeding under Chapter 3111. of the | 211 |
Revised Code, or an acknowledgment of paternity that has become | 212 |
final under former section 3111.211 or 5101.314 or section | 213 |
2151.232, 3111.25, or 3111.821 of the Revised Code. An order | 214 |
issued pursuant to this section shall remain effective until an | 215 |
order is issued pursuant to sections 3111.01 to 3111.18 of the | 216 |
Revised Code that a parent-child relationship does not exist | 217 |
between the alleged father of the child and the child or until the | 218 |
occurrence of an event described in section 3119.88 of the | 219 |
Revised Code that would require the order to terminate. | 220 |
The court, in accordance with sections
| 221 |
222 | |
order made under this section the requirement that one or both of | 223 |
the parents provide for the health care needs of the child to the | 224 |
satisfaction of the court. | 225 |
Sec. 2151.33. (A) Pending hearing of a complaint filed | 226 |
under section 2151.27 of the Revised Code or a motion filed or | 227 |
made under division (B) of this section and the service of | 228 |
citations, the juvenile court may make any temporary disposition | 229 |
of any child that it considers necessary to protect the best | 230 |
interest of the child and that can be made pursuant to division | 231 |
(B) of this section. Upon the certificate of one or more | 232 |
reputable practicing physicians, the court may summarily provide | 233 |
for emergency medical and surgical treatment that appears to be | 234 |
immediately necessary to preserve the health and well-being of any | 235 |
child concerning whom a complaint or an application for care has | 236 |
been filed, pending the service of a citation upon the child's | 237 |
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 expense | 240 |
involved in providing the emergency medical or surgical treatment. | 241 |
Any person who disobeys the order for reimbursement may be | 242 |
adjudged in contempt of court and punished accordingly. | 243 |
If the emergency medical or surgical treatment is furnished | 244 |
to a child who is found at the hearing to be a nonresident of the | 245 |
county in which the court is located and if the expense of the | 246 |
medical or surgical treatment cannot be recovered from the | 247 |
parents, legal guardian, or custodian of the child, the board of | 248 |
county commissioners of the county in which the child has a legal | 249 |
settlement shall reimburse the court for the reasonable cost of | 250 |
the emergency medical or surgical treatment out of its general | 251 |
fund. | 252 |
(B)(1) After a complaint, petition, writ, or other document | 253 |
initiating a case dealing with an alleged or adjudicated abused, | 254 |
neglected, or dependent child is filed and upon the filing or | 255 |
making of a motion pursuant to division (C) of this section, the | 256 |
court, prior to the final disposition of the case, may issue any | 257 |
of the following temporary orders to protect the best interest of | 258 |
the child: | 259 |
(a) An order granting temporary custody of the child to a | 260 |
particular party; | 261 |
(b) An order for the taking of the child into custody | 262 |
pursuant to section 2151.31 of the Revised Code pending the | 263 |
outcome of the adjudicatory and dispositional hearings; | 264 |
(c) An order granting, limiting, or eliminating parenting | 265 |
time or visitation rights with respect to the child; | 266 |
(d) An order requiring a party to vacate a residence that | 267 |
will be lawfully occupied by the child; | 268 |
(e) An order requiring a party to attend an appropriate | 269 |
counseling program that is reasonably available to that party; | 270 |
(f) Any other order that restrains or otherwise controls the | 271 |
conduct of any party which conduct would not be in the best | 272 |
interest of the child. | 273 |
(2) Prior to the final disposition of a case subject to | 274 |
division (B)(1) of this section, the court shall do both of the | 275 |
following: | 276 |
(a) Issue an order pursuant to Chapters 3119. to 3125. of | 277 |
the Revised Code requiring the parents, guardian, or person | 278 |
charged with the child's support to pay support for the child. | 279 |
(b) Issue an order requiring the parents, guardian, or | 280 |
person charged with the child's support to continue to maintain | 281 |
any health insurance coverage for the child that existed at the | 282 |
time of the filing of the complaint, petition, writ, or other | 283 |
document, or to obtain health insurance coverage in accordance | 284 |
with
sections
| 285 |
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 written | 288 |
motion or makes an oral motion requesting the issuance of the | 289 |
order and stating the reasons for it. Any notice sent by the | 290 |
court as a result of a motion pursuant to this division shall | 291 |
contain a notice that any party to a juvenile proceeding has the | 292 |
right to be represented by counsel and to have appointed counsel | 293 |
if the person is indigent. | 294 |
(2) If a child is taken into custody pursuant to section | 295 |
2151.31 of the Revised Code and placed in shelter care, the public | 296 |
children services agency or private child placing agency with | 297 |
which the child is placed in shelter care shall file or make a | 298 |
motion as described in division (C)(1) of this section before the | 299 |
end of the next day immediately after the date on which the child | 300 |
was taken into custody and, at a minimum, shall request an order | 301 |
for temporary custody under division (B)(1)(a) of this section. | 302 |
(3) A court that issues an order pursuant to division | 303 |
(B)(1)(b) of this section shall comply with section 2151.419 of | 304 |
the Revised Code. | 305 |
(D) The court may grant an ex parte order upon its own | 306 |
motion or a motion filed or made pursuant to division (C) of this | 307 |
section requesting such an order if it appears to the court that | 308 |
the best interest and the welfare of the child require that the | 309 |
court issue the order immediately. The court, if acting on its | 310 |
own motion, or the person requesting the granting of an ex parte | 311 |
order, to the extent possible, shall give notice of its intent or | 312 |
of the request to the parents, guardian, or custodian of the child | 313 |
who is the subject of the request. If the court issues an ex | 314 |
parte order, the court shall hold a hearing to review the order | 315 |
within seventy-two hours after it is issued or before the end of | 316 |
the next day after the day on which it is issued, whichever occurs | 317 |
first. The court shall give written notice of the hearing to all | 318 |
parties to the action and shall appoint a guardian ad litem for | 319 |
the child prior to the hearing. | 320 |
The written notice shall be given by all means that are | 321 |
reasonably likely to result in the party receiving actual notice | 322 |
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 right | 326 |
to counsel and to court-appointed counsel, if the party is | 327 |
indigent; | 328 |
(4) The name, telephone number, and address of the person | 329 |
requesting the order; | 330 |
(5) A copy of the order, except when it is not possible to | 331 |
obtain it because of the exigent circumstances in the case. | 332 |
If the court does not grant an ex parte order pursuant to a | 333 |
motion filed or made pursuant to division (C) of this section or | 334 |
its own motion, the court shall hold a shelter care hearing on the | 335 |
motion within ten days after the motion is filed. The court shall | 336 |
give notice of the hearing to all affected parties in the same | 337 |
manner as set forth in the Juvenile Rules. | 338 |
(E) The court, pending the outcome of the adjudicatory and | 339 |
dispositional hearings, shall not issue an order granting | 340 |
temporary custody of a child to a public children services agency | 341 |
or private child placing agency pursuant to this section, unless | 342 |
the court determines and specifically states in the order that the | 343 |
continued residence of the child in the child's current home will | 344 |
be contrary to the child's best interest and welfare and the court | 345 |
complies with section 2151.419 of the Revised Code. | 346 |
(F) Each public children services agency and private child | 347 |
placing agency that receives temporary custody of a child pursuant | 348 |
to this section shall maintain in the child's case record written | 349 |
documentation that it has placed the child, to the extent that it | 350 |
is consistent with the best interest, welfare, and special needs | 351 |
of the child, in the most family-like setting available and in | 352 |
close proximity to the home of the parents, custodian, or guardian | 353 |
of the child. | 354 |
(G) For good cause shown, any court order that is issued | 355 |
pursuant to this section may be reviewed by the court at any time | 356 |
upon motion of any party to the action or upon the motion of the | 357 |
court. | 358 |
Sec. 2151.49. In every case of conviction under sections | 359 |
2151.01 to 2151.54 of the Revised Code, where imprisonment is | 360 |
imposed as part of the punishment, the juvenile judge may suspend | 361 |
sentence, before or during commitment, upon such condition as the | 362 |
juvenile judge imposes. In the case of conviction for nonsupport | 363 |
of a child who is receiving aid under Chapter 5107. or 5115. of | 364 |
the Revised Code, if the juvenile judge suspends sentence on | 365 |
condition that the person make payments for support, the payment | 366 |
shall be made to the county department of job and family services | 367 |
rather than to the child or custodian of the child. | 368 |
The court, in accordance with sections
| 369 |
370 | |
order made under this section the requirement that one or both of | 371 |
the parents provide for the health care needs of the child to the | 372 |
satisfaction of the court. | 373 |
Sec. 3111.81. After the hearing under section 3111.80 of the | 374 |
Revised Code is completed, the administrative officer may issue an | 375 |
administrative order for the payment of support and provision for | 376 |
the child's health care. The order shall do all of the following: | 377 |
(A) Require periodic payments of support that may vary in | 378 |
amount, except that, if it is in the best interest of the child, | 379 |
the administrative officer may order the purchase of an annuity in | 380 |
lieu of periodic payments of support if the purchase agreement | 381 |
provides that any
| 382 |
transferred to the ownership and control of the child on the | 383 |
child's attainment of the age of majority; | 384 |
(B) Require the parents to provide for the health care needs | 385 |
of
the child in accordance with sections
| 386 |
387 |
(C) Include a notice that contains the information described | 388 |
in section 3111.84 of the Revised Code informing the mother and | 389 |
the father of the right to object to the order by bringing an | 390 |
action for the payment of support and provision of the child's | 391 |
health care under section 2151.231 of the Revised Code and the | 392 |
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 conviction | 396 |
under section 3113.06 of the Revised Code and before sentence | 397 |
thereunder, appears before the court of common pleas in which such | 398 |
conviction took place and enters into bond to the state in a sum | 399 |
fixed by the court at not less than five hundred dollars, with | 400 |
sureties approved by such court, conditioned that such person will | 401 |
pay, so long as the child remains a ward of the public children | 402 |
services agency or a recipient of aid pursuant to Chapter 5107. or | 403 |
5115. of the Revised Code, to the executive director thereof or to | 404 |
a trustee to be named by the court, for the benefit of such agency | 405 |
or if the child is a recipient of aid pursuant to Chapter 5107. or | 406 |
5115. of the Revised Code, to the county department of job and | 407 |
family services, the reasonable cost of keeping such child. The | 408 |
amount of such costs and the time of payment shall be fixed by the | 409 |
court. | 410 |
The court, in accordance with sections
| 411 |
412 | |
order made under this section the requirement that one or both of | 413 |
the parents provide for the health care needs of the child to the | 414 |
satisfaction of the court. | 415 |
Sec. 3119.01. (A) As used in the Revised Code, "child | 416 |
support enforcement agency" means a child support enforcement | 417 |
agency designated under former section 2301.35 of the Revised Code | 418 |
prior to October 1, 1997, or a private or government entity | 419 |
designated as a child support enforcement agency under section | 420 |
307.981 of the Revised Code. | 421 |
(B) As used in this chapter and Chapters 3121., 3123., and | 422 |
3125. of the Revised Code: | 423 |
(1) "Administrative child support order" means any order | 424 |
issued by a child support enforcement agency for the support of a | 425 |
child pursuant to section 3109.19 or 3111.81 of the Revised Code | 426 |
or former section 3111.211 of the Revised Code, section 3111.21 of | 427 |
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 those | 429 |
sections existed prior
to
| 430 |
22, 2001. | 431 |
(2) "Child support order" means either a court child support | 432 |
order or an administrative child support order. | 433 |
(3) "Obligee" means the person who is entitled to receive | 434 |
the support payments under a support order. | 435 |
(4) "Obligor" means the person who is required to pay | 436 |
support under a support order. | 437 |
(5) "Support order" means either an administrative child | 438 |
support order or a court support order. | 439 |
(C) As used in this chapter: | 440 |
(1) "Combined gross income" means the combined gross income | 441 |
of both parents. | 442 |
(2) "Court child support order" means any order issued by a | 443 |
court for the support of a child pursuant to Chapter 3115. of the | 444 |
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 | 447 |
Revised Code, or division (B) of former section 3113.21 of the | 448 |
Revised Code. | 449 |
(3) "Court support order" means either a court child support | 450 |
order or an order for the support of a spouse or former spouse | 451 |
issued pursuant to Chapter 3115. of the Revised Code, section | 452 |
3105.18,
3105.65, or 3113.31 | 453 |
division (B) of former section 3113.21 of the Revised Code. | 454 |
(4) "Extraordinary medical expenses" means any uninsured | 455 |
medical expenses incurred for a child during a calendar year that | 456 |
exceed one hundred dollars. | 457 |
(5) "Income" means either of the following: | 458 |
(a) For a parent who is employed to full capacity, the gross | 459 |
income of the parent; | 460 |
(b) For a parent who is unemployed or underemployed, the sum | 461 |
of the gross income of the parent and any potential income of the | 462 |
parent. | 463 |
(6) "Insurer" means any person authorized under Title XXXIX | 464 |
of the Revised Code to engage in the business of insurance in this | 465 |
state, any health insuring corporation, and any legal entity that | 466 |
is self-insured and provides benefits to its employees or members. | 467 |
(7) "Gross income" means, except as excluded in division | 468 |
(C)(7) of this section, the total of all earned and unearned | 469 |
income from all sources during a calendar year, whether or not the | 470 |
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; trust | 474 |
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-tested | 478 |
and that are received by and in the possession of the veteran who | 479 |
is the beneficiary for any service-connected disability under a | 480 |
program or law administered by the United States department of | 481 |
veterans' affairs or veterans' administration; spousal support | 482 |
actually received; and all other sources of income. "Gross | 483 |
income" includes income of members of any branch of the United | 484 |
States armed services or national guard, including, amounts | 485 |
representing base pay, basic allowance for quarters, basic | 486 |
allowance for subsistence, supplemental subsistence allowance, | 487 |
cost of living adjustment, specialty pay, variable housing | 488 |
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 government | 492 |
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 the | 496 |
basis of income or assets; | 497 |
(b) Benefits for any service-connected disability under a | 498 |
program or law administered by the United States department of | 499 |
veterans' affairs or veterans' administration that are not | 500 |
means-tested, that have not been distributed to the veteran who is | 501 |
the beneficiary of the benefits, and that are in the possession of | 502 |
the United States department of veterans' affairs or veterans' | 503 |
administration; | 504 |
(c) Child support received for children who were not born or | 505 |
adopted during the marriage at issue; | 506 |
(d) Amounts paid for mandatory deductions from wages such as | 507 |
union dues but not taxes, social security, or retirement in lieu | 508 |
of social security; | 509 |
(e) Nonrecurring or unsustainable income or cash flow items; | 510 |
(f) Adoption assistance and foster care maintenance payments | 511 |
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 year | 515 |
or for any number of years not to exceed three years that the | 516 |
parent does not expect to continue to receive on a regular basis. | 517 |
"Nonrecurring or unsustainable income or cash flow item" does not | 518 |
include a lottery prize award that is not paid in a lump sum or | 519 |
any other item of income or cash flow that the parent receives or | 520 |
expects to receive for each year for a period of more than three | 521 |
years or that the parent receives and invests or otherwise uses to | 522 |
produce income or cash flow for a period of more than three years. | 523 |
(9)(a) "Ordinary and necessary expenses incurred in | 524 |
generating gross receipts" means actual cash items expended by the | 525 |
parent or the parent's business and includes depreciation expenses | 526 |
of business equipment as shown on the books of a business entity. | 527 |
(b) Except as specifically included in "ordinary and | 528 |
necessary expenses incurred in generating gross receipts" by | 529 |
division (C)(9)(a) of this section, "ordinary and necessary | 530 |
expenses incurred in generating gross receipts" does not include | 531 |
depreciation expenses and other noncash items that are allowed as | 532 |
deductions on any federal tax return of the parent or the parent's | 533 |
business. | 534 |
(10) "Personal earnings" means compensation paid or payable | 535 |
for personal services, however denominated, and includes wages, | 536 |
salary, commissions, bonuses, draws against commissions, profit | 537 |
sharing, vacation pay, or any other compensation. | 538 |
(11) "Potential income" means both of the following for a | 539 |
parent who the court pursuant to a court support order, or a child | 540 |
support enforcement agency pursuant to an administrative child | 541 |
support order, determines is voluntarily unemployed or voluntarily | 542 |
underemployed: | 543 |
(a) Imputed income that the court or agency determines the | 544 |
parent would have earned if fully employed as determined from the | 545 |
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 area | 550 |
in which the parent resides; | 551 |
(v) The prevailing wage and salary levels in the geographic | 552 |
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 the | 555 |
ability to earn the imputed income; | 556 |
(viii) The age and special needs of the child for whom child | 557 |
support is being calculated under this section; | 558 |
(ix) The parent's increased earning capacity because of | 559 |
experience; | 560 |
(x) Any other relevant factor. | 561 |
(b) Imputed income from any nonincome-producing assets of a | 562 |
parent, as determined from the local passbook savings rate or | 563 |
another appropriate rate as determined by the court or agency, not | 564 |
to exceed the rate of interest specified in division (A) of | 565 |
section 1343.03 of the Revised Code, if the income is significant. | 566 |
(12) "Schedule" means the basic child support schedule set | 567 |
forth in section 3119.021 of the Revised Code. | 568 |
(13) "Self-generated income" means gross receipts received | 569 |
by a parent from self-employment, proprietorship of a business, | 570 |
joint ownership of a partnership or closely held corporation, and | 571 |
rents minus ordinary and necessary expenses incurred by the parent | 572 |
in generating the gross receipts. "Self-generated income" | 573 |
includes expense reimbursements or in-kind payments received by a | 574 |
parent from self-employment, the operation of a business, or | 575 |
rents, including company cars, free housing, reimbursed meals, and | 576 |
other benefits, if the reimbursements are significant and reduce | 577 |
personal living expenses. | 578 |
(14) "Split parental rights and responsibilities" means a | 579 |
situation in which there is more than one child who is the subject | 580 |
of an allocation of parental rights and responsibilities and each | 581 |
parent is the residential parent and legal custodian of at least | 582 |
one of those children. | 583 |
(15) "Worksheet" means the applicable worksheet that is used | 584 |
to calculate a parent's child support obligation as set forth in | 585 |
sections 3119.022 and 3119.023 of the Revised Code. | 586 |
Sec. 3119.29. As used in this section and sections 3119.30 | 587 |
to 3119.56 of the Revised Code: | 588 |
(A) "Health plan administrator" means any entity authorized | 589 |
under Title XXXIX of the Revised Code to engage in the business of | 590 |
insurance in this state, any health insuring corporation, any | 591 |
legal entity that is self-insured and provides benefits to its | 592 |
employees or members, and the administrator of any such entity or | 593 |
corporation. | 594 |
(B) "National medical support notice" means a form required | 595 |
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, and | 597 |
jointly developed and promulgated by the secretary of health and | 598 |
human services and the secretary of labor in federal regulations | 599 |
adopted under that act as modified by the department of job and | 600 |
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 a | 603 |
court child support order or by the child support enforcement | 604 |
agency under an administrative child support order to provide | 605 |
health insurance coverage pursuant to section 3119.30 of the | 606 |
Revised Code. | 607 |
Sec. 3119.291. The department of job and family services | 608 |
shall modify the national medical support notice, as necessary, to | 609 |
make the notice and its instructions apply to the person required | 610 |
to provide health insurance coverage for the children who are the | 611 |
subject of an order issued under section 3119.30 of the Revised | 612 |
Code. | 613 |
Sec. 3119.30. In any action or proceeding in which a child | 615 |
support order is issued or modified, the court, with respect to | 616 |
court child support orders, and the child support enforcement | 617 |
agency, with respect to administrative child support orders, shall | 618 |
determine the
| 619 |
children subject to the child support order
| 620 |
determination shall be based on information provided to the court | 621 |
or to the child support enforcement agency under section 3119.31 | 622 |
of the Revised Code. The order shall include
| 623 |
the following: | 624 |
(A) A requirement that the obligor under the child support | 625 |
order obtain health insurance coverage for the children if | 626 |
coverage is available at a reasonable cost through a group policy, | 627 |
contract, or plan offered by the obligor's employer or through any | 628 |
other group policy, contract, or plan available to the obligor and | 629 |
is not available for a more reasonable cost through a group | 630 |
policy, contract, or plan available to the obligee; | 631 |
(B) A requirement that the obligee obtain health insurance | 632 |
coverage for the children if coverage is available through a group | 633 |
policy, contract, or plan offered by the obligee's employer or | 634 |
through any other group policy, contract, or plan available to the | 635 |
obligee and is available at a more reasonable cost than coverage | 636 |
is available to the obligor; | 637 |
(C) If health insurance coverage for the children is not | 638 |
available at a reasonable cost through a group policy, contract, | 639 |
or plan offered by the obligor's or obligee's employer or through | 640 |
any other group policy, contract, or plan available to the obligor | 641 |
or the obligee, a requirement that the obligor and the obligee | 642 |
share liability for the cost of the medical and health care needs | 643 |
of the children, under an equitable formula established by the | 644 |
court, with respect to a court child support order, or the child | 645 |
support enforcement agency, with respect to an administrative | 646 |
child support order, and a requirement that if, after the issuance | 647 |
of the order, health insurance coverage for the children becomes | 648 |
available at a reasonable cost through a group policy, contract, | 649 |
or plan offered by the obligor's or obligee's employer or through | 650 |
any other group policy, contract, or plan available to the obligor | 651 |
or obligee, the obligor or obligee to whom the coverage becomes | 652 |
available immediately inform the court, with respect to a court | 653 |
child support order, or the child support enforcement agency, with | 654 |
respect to an administrative child support order; | 655 |
(D) A requirement that both the obligor and the obligee | 656 |
obtain health insurance coverage for the children if coverage is | 657 |
available for the children at a reasonable cost to both the | 658 |
obligor and the obligee and
dual coverage
| 659 |
provide for coordination of medical benefits without unnecessary | 660 |
duplication of coverage. | 661 |
Sec. 3119.301. An order issued pursuant to former section | 662 |
3111.241 or 3113.217 of the Revised Code as those sections existed | 663 |
prior to January 1, 1998, that was not terminated on or after that | 664 |
date, and that provides for the health care needs of children | 665 |
subject to a child support order shall be considered to be a | 666 |
requirement included as part of the child support order. The | 667 |
child support order shall be considered to have been issued in | 668 |
accordance with former section 3111.241 or 3113.217 of the Revised | 669 |
Code as those sections existed on and after January 1, 1998, and | 670 |
prior to
| 671 |
child support order issued in accordance with, or any notice | 672 |
issued under, former section 3111.241 or 3113.217 of the Revised | 673 |
Code as those sections existed prior to
| 674 |
675 | |
date shall be subject
to sections
| 676 |
3119.56 of the Revised Code on and after that date. | 677 |
Sec. 3119.31. In any action or proceeding in which a court | 678 |
or child support enforcement agency is determining the person | 679 |
responsible for the health care of the children who are or will be | 680 |
the subject of a child support order, each party shall provide to | 681 |
the court or child support enforcement agency a list of any group | 682 |
health insurance policies, contracts, or plans available to the | 683 |
party. | 684 |
| 685 |
all of the following: | 686 |
(A) If
the obligor,
obligee, or both
| 687 |
obligee, are required under section 3119.30 of the Revised Code to | 688 |
provide health insurance coverage for the children, a requirement | 689 |
that
whoever is required to
| 690 |
coverage | 691 |
| 692 |
days after the issuance of the order, information regarding the | 693 |
benefits, limitations, and exclusions of the coverage, copies of | 694 |
any insurance forms necessary to receive reimbursement, payment, | 695 |
or other benefits under the coverage, and a copy of any necessary | 696 |
insurance cards; | 697 |
| 698 |
699 | |
700 | |
701 |
| 702 |
703 |
(B)
| 704 |
705 | |
706 | |
707 | |
708 | |
709 |
| 710 |
telephone number of the individual who is to be reimbursed for | 711 |
out-of-pocket medical, optical, hospital, dental, or prescription | 712 |
expenses paid for each child and a statement that the
| 713 |
health plan administrator that provides the health insurance | 714 |
coverage for the children may continue making payment for medical, | 715 |
optical, hospital, dental, or prescription services directly to | 716 |
any health care provider in accordance with the applicable health | 717 |
insurance policy, contract, or plan; | 718 |
| 719 |
person required to provide health insurance coverage for the | 720 |
children designate the children as covered dependents under any | 721 |
health insurance
policy, contract, or plan for which
| 722 |
the person contracts; | 723 |
| 724 |
of them under a formula established by the court, with respect to | 725 |
a court child support order, or the child support enforcement | 726 |
agency, with respect to an administrative child support order, pay | 727 |
co-payment or deductible costs required under the health insurance | 728 |
policy, contract, or plan that covers the children; | 729 |
| 730 |
person required to obtain health insurance coverage is required to | 731 |
release to the other parent, any person subject to an order issued | 732 |
under section 3109.19 of the Revised Code, or the child support | 733 |
enforcement agency on written request any necessary information on | 734 |
the health insurance coverage, including the name and address of | 735 |
the
| 736 |
plan number, and to otherwise comply with this section and any | 737 |
order or notice issued under this section; | 738 |
| 739 |
birth of each child who is the subject of the child support order; | 740 |
| 741 |
with any requirement described in section 3119.30 of the Revised | 742 |
Code and divisions
(A) and
| 743 |
contained in an order issued in compliance with this section no | 744 |
later than thirty days after the issuance of the order; | 745 |
| 746 |
747 | |
748 | |
749 | |
750 | |
751 |
| 752 |
required to obtain health care insurance coverage for the children | 753 |
subject to this child support order obtains new
employment
| 754 |
755 | |
756 | |
of
| 757 |
Code, which may result in the issuance of a notice requiring the | 758 |
new employer to take whatever action is necessary to enroll the | 759 |
children in health care insurance coverage provided by the new | 760 |
employer." | 761 |
Sec. 3119.33. A child support enforcement agency shall send | 762 |
the national medical support notice to the employer of a person | 763 |
required to provide health insurance coverage for the children who | 764 |
are the subject of a child support order. The child support | 765 |
enforcement agency shall act in accordance with federal | 766 |
regulations governing the national medical support notice and | 767 |
rules adopted by the department of job and family services under | 768 |
section 3119.51 of the Revised Code. | 769 |
Sec. 3119.34. Not later than the business day after receipt | 770 |
of a notice under section 3121.895 of the Revised Code of a new | 771 |
hire match, a child support enforcement agency shall send to a | 772 |
person's new employer a national medical support notice if the | 773 |
person is the person required to provide health insurance coverage | 774 |
for the children who are the subject of a child support order. | 775 |
Sec. 3119.35. At the same time that a child support | 776 |
enforcement agency sends a national medical support notice under | 777 |
section 3119.33 or 3119.34 of the Revised Code to the employer of | 778 |
a person required to provide health insurance coverage for | 779 |
children who are the subject of a child support order, the agency | 780 |
shall send a notice of medical support enforcement activity to | 781 |
that person. | 782 |
Sec. 3119.351. The notice of medical support enforcement | 783 |
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 a | 786 |
person required to provide health insurance coverage for children | 787 |
who are the subject of a child support order; | 788 |
(C) A statement that a national medical support notice has | 789 |
been sent to the person's employer; | 790 |
(D) A statement of the purpose of the national medical | 791 |
support notice, of what it will require of the person's employer | 792 |
and any applicable health plan administrator, and that amounts | 793 |
will be withheld from the person's income to pay for health | 794 |
insurance for the children; | 795 |
(E) A statement of the person's right to contest the national | 796 |
medical support notice through mistake of fact proceedings; | 797 |
(F) An explanation of the mistake of fact proceedings | 798 |
available to the person and the actions the person must take to | 799 |
pursue those proceedings. | 800 |
| 801 |
services
shall adopt
a standard
| 802 |
of medical support enforcement activity required by section | 803 |
804 | |
enforcement
agencies shall use
the
| 805 |
the notice under that section. | 806 |
Sec. 3119.36. On receipt of a national medical support | 807 |
notice sent pursuant to section 3119.33 or section 3119.34 of | 808 |
the Revised Code, an employer shall do one of the following not | 809 |
later than twenty business days after the date specified in the | 810 |
notice: | 811 |
(A) If the person named in the national medical support | 812 |
notice is a current employee and health insurance coverage of the | 813 |
children is available through the employer, complete and comply | 814 |
with the notice in accordance with its instructions, federal | 815 |
regulations, and any rules adopted by the department of job and | 816 |
family services under section 3119.51 of the Revised Code and send | 817 |
the appropriate portion of the notice to the health plan | 818 |
administrator; | 819 |
(B) If the person named in the notice is not a current | 820 |
employee, health insurance coverage of the children is not | 821 |
available through the employer, or the employer determines that | 822 |
coverage of the children would cause the total amount of income | 823 |
withholding and health insurance contributions from the person's | 824 |
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, federal | 827 |
regulations, and any rules adopted by the department of job and | 828 |
family services under section 3119.51 of the Revised Code and | 829 |
return the completed notice to the child support enforcement | 830 |
agency. | 831 |
| 832 |
support order issued in accordance with section 3119.30 of the | 833 |
Revised Code | 834 |
835 | |
3119.34 of the Revised Code is in effect and after the employer | 836 |
has received a copy of the order or notice, the employer of the | 837 |
838 | |
coverage shall comply with the order or notice. | 839 |
| 840 |
parent, any person subject to an order issued under section | 841 |
3109.19 of the Revised Code, or the child support enforcement | 842 |
agency, the employer of
| 843 |
to provide health insurance coverage under a child support order | 844 |
shall release to the other parent, person, and the agency all | 845 |
information about the health insurance coverage that is necessary | 846 |
to ensure compliance
with
section 3119.30 of the Revised
Code,
| 847 |
848 | |
Code, or a
notice issued under section
| 849 |
Revised Code,
including
the name and address of
the
| 850 |
plan administrator, and any policy, contract, or plan number. | 851 |
| 852 |
pursuant
to section
| 853 |
used only for the purpose of the enforcement of an order issued in | 854 |
accordance with
section 3119.30 of the Revised Code,
| 855 |
notice issued under section
| 856 |
or a notice issued pursuant to
section
| 857 |
Revised Code. | 858 |
| 859 |
an order
or notice
described in
section 3119.30,
| 860 |
or
| 861 |
support enforcement agency of any change in or the termination of | 862 |
the health insurance coverage that is maintained pursuant to the | 863 |
order or notice. | 864 |
Sec. 3119.37. On receipt of a national medical support | 865 |
notice sent by an employer under section 3119.36 of the Revised | 866 |
Code, a health plan administrator shall complete and comply with | 867 |
the notice in accordance with its instructions, federal | 868 |
regulations, and any rules adopted by the department of job and | 869 |
family services under section 3119.51 of the Revised Code. | 870 |
Sec. 3119.38. A person who receives a notice of medical | 871 |
support enforcement activity under section 3119.35 of the Revised | 872 |
Code may file a written request for an administrative hearing with | 873 |
the child support enforcement agency that issued it regarding | 874 |
whether a mistake of fact was made in the national medical support | 875 |
notice referred to in the notice of medical support enforcement | 876 |
activity. The request must be filed not later than seven business | 877 |
days after the date on which the notice of medical support | 878 |
enforcement activity is sent. | 879 |
If the person makes a timely request, the agency shall | 880 |
conduct an administrative hearing not later than ten days after | 881 |
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 is | 883 |
to be conducted, the agency shall send the person and any other | 884 |
individual the agency determines appropriate written notice of the | 885 |
date, time, place, and purpose of the hearing. The notice to the | 886 |
person and any other appropriate individual also shall indicate | 887 |
that the person may present testimony and evidence at the hearing | 888 |
only in regard to the issue of whether a mistake of fact has been | 889 |
made in the national medical support notice. | 890 |
At the hearing, the agency shall determine whether there is a | 891 |
mistake of fact in the national medical support notice. The | 892 |
agency shall send its determination to the person. That agency's | 893 |
determination is final unless, within seven business days after | 894 |
the agency makes its determination, the person files a written | 895 |
motion with the court for a hearing to determine whether there is | 896 |
still a mistake of fact in the national medical support notice. | 897 |
If an agency's determination becomes final under this | 898 |
section, the agency shall take further action as required by | 899 |
section 3119.41 of the Revised Code. | 900 |
Sec. 3119.39. If a person who has received a notice of | 902 |
medical support enforcement activity under section 3119.35 of the | 903 |
Revised Code fails to make a timely request under section 3119.38 | 904 |
of the Revised Code for an administrative hearing, the notice of | 905 |
medical support enforcement activity becomes a final determination | 906 |
of the child support enforcement agency that issued that notice | 907 |
that no mistake of fact exists in the national medical support | 908 |
notice referred to in the notice of medical support enforcement | 909 |
activity. When an agency's determination becomes final, the | 910 |
agency shall take further action as required by section 3119.41 of | 911 |
the Revised Code. | 912 |
Sec. 3119.40. If a person who received a notice of medical | 913 |
support enforcement activity files a timely written motion for a | 914 |
court hearing to determine whether there is still a mistake of | 915 |
fact in the national medical support notice referred to in the | 916 |
notice of medical support enforcement activity, the court shall | 917 |
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 the | 919 |
date the court hearing is to be held, the court shall send the | 920 |
person and any other individual the agency determines appropriate | 921 |
written notice by regular mail of the date, time, place, and | 922 |
purpose of that hearing. The hearing shall be limited to a | 923 |
determination of whether there is a mistake of fact in the | 924 |
national medical support notice. | 925 |
At the hearing, the court shall determine whether there is a | 926 |
mistake of fact in the national medical support notice. On | 927 |
conclusion of the hearing, the court shall make its determination. | 928 |
The determination is final. The court shall take further action | 929 |
as provided in section 3119.41 of the Revised Code. | 930 |
Sec. 3119.41. If either a court, under section 3119.40 of the | 931 |
Revised Code, or child support enforcement agency, under section | 932 |
3119.38 or 3119.39 of the Revised Code, makes a final | 933 |
determination that no mistake of fact exists in a national medical | 934 |
support notice referred to in a notice of medical support | 935 |
enforcement activity sent to a person, the national medical | 936 |
support notice shall remain in effect. If a court or agency | 937 |
determines that a mistake of fact does exist under the national | 938 |
medical support notice, the court or agency, as appropriate, shall | 939 |
take whatever action is necessary regarding the notice, which may | 940 |
include correction or termination of the notice. | 941 |
If a mistake of fact proceeding is instituted under section | 942 |
3119.38 or 3119.40 of the Revised Code, withholding of amounts | 943 |
pursuant to a national medical support notice shall continue in | 944 |
accordance with the notice until the court or agency, as | 945 |
appropriate, terminates or corrects the notice. If the notice is | 946 |
corrected, withholding shall occur in accordance with the | 947 |
corrected notice. | 948 |
| 949 |
accordance
with section 3119.30 of the Revised Code | 950 |
951 | |
pursuant to
section
| 952 |
is binding on the obligor and the obligee, their employers, and | 953 |
any
| 954 |
insurance coverage for either of them or their children. | 955 |
| 956 |
administrator that provides health insurance coverage for the | 957 |
children who are the subject of a child support order in | 958 |
accordance with the child support order | 959 |
960 | |
employer pursuant
to
section
| 961 |
shall
reimburse
the
| 962 |
reimbursement in the child support order for covered out-of-pocket | 963 |
medical, optical, hospital, dental, or prescription expenses | 964 |
incurred on behalf of the children. | 965 |
| 966 |
to
| 967 |
require
| 968 |
enrollment any child who does not meet the underwriting standards | 969 |
of the health insurance or health care policy, contract, or plan | 970 |
for which application is made. | 971 |
| 972 |
required to obtain health insurance coverage pursuant to a child | 973 |
support order issued in accordance with section 3119.30 of the | 974 |
Revised Code does not obtain the required coverage within thirty | 975 |
days after the order is issued, the child support enforcement | 976 |
agency shall notify the court that issued the court child support | 977 |
order or, with respect to an administrative child support order, | 978 |
the court of common pleas of the county in which the agency is | 979 |
located, in
writing of
the failure of the
| 980 |
person to comply with the child support order. | 981 |
| 982 |
order issued in accordance with section 3119.30 of the Revised | 983 |
Code | 984 |
985 | |
Revised Code. | 986 |
| 987 |
contempt under Chapter 2705. for failing to comply with a court | 988 |
child support order issued in accordance with section 3119.30 of | 989 |
the Revised
Code | 990 |
991 | |
992 | |
found in contempt under that chapter, the court shall consider the | 993 |
994 | |
circumstances for the purpose of modification of the amount of | 995 |
support due under the court child support order issued in | 996 |
accordance with section 3119.30 of the Revised Code to which the | 997 |
person is subject. | 998 |
| 999 |
child support order may file a motion with the court that issued | 1000 |
the
order requesting
that the court modify the order
| 1001 |
1002 | |
the children
who
are the subject of
the order.
| 1003 |
1004 | |
1005 | |
1006 | |
1007 |
| 1008 |
section
| 1009 |
the child support enforcement agency to conduct an investigation | 1010 |
to
determine whether
| 1011 |
health insurance coverage for the children is available to the | 1012 |
obligor or obligee, both the obligor and obligee, or the obligor | 1013 |
and obligee together. Upon completion of its investigation, the | 1014 |
agency shall
| 1015 |
1016 | |
investigation, including a list of available coverage and the | 1017 |
costs of the coverage. | 1018 |
| 1019 |
section 3119.46 of the Revised Code, the court
| 1020 |
1021 | |
1022 | |
child support
order
| 1023 |
3119.30 and
| 1024 |
information received from the child support enforcement agency | 1025 |
pursuant to section 3119.47 of the Revised Code. | 1026 |
| 1027 |
child support order may file a motion with the court that issued | 1028 |
the order requesting that the court modify the amount of child | 1029 |
support required to be paid under the order because that amount | 1030 |
does not adequately cover the medical needs of the child. | 1031 |
| 1032 |
section
| 1033 |
determine whether the amount of child support required to be paid | 1034 |
under the court child support order adequately covers the medical | 1035 |
needs of the child and whether to modify the order. | 1036 |
Sec. 3119.51. The department of job and family services shall | 1037 |
adopt rules in accordance with Chapter 119. of the Revised Code as | 1038 |
appropriate to implement the requirements of sections 3119.29 to | 1039 |
3119.56 of the Revised Code. | 1040 |
Sec. 3119.54. If
| 1041 |
support order issued in accordance with section 3119.30 of the | 1042 |
Revised Code is eligible for medical assistance under Chapter | 1043 |
5111. or 5115. of
the
Revised Code and the
| 1044 |
obtained health insurance
coverage, the
| 1045 |
medical assistance shall notify any physician, hospital, or other | 1046 |
provider of medical services for which medical assistance is | 1047 |
available of the name and address of the
| 1048 |
insurer and
of
the number of the
| 1049 |
insurance or health care policy, contract, or plan. Any | 1050 |
physician, hospital, or other provider of medical services for | 1051 |
which medical assistance is available under Chapter 5111. or 5115. | 1052 |
of the Revised Code who is notified under this division of the | 1053 |
existence of a health insurance or health care policy, contract, | 1054 |
or plan with coverage for children who are eligible for medical | 1055 |
assistance shall first bill the insurer for any services provided | 1056 |
for those children. If the insurer fails to pay all or any part | 1057 |
of a claim filed under this section and the services for which the | 1058 |
claim is filed are covered by Chapter 5111. or 5115. of the | 1059 |
Revised Code, the physician, hospital, or other medical services | 1060 |
provider shall bill the remaining unpaid costs of the services in | 1061 |
accordance with Chapter 5111. or 5115. of the Revised Code. | 1062 |
Sec. 3119.56. An obligor or obligee who fails to comply with | 1063 |
a child support order issued in accordance with section 3119.30 of | 1064 |
the
Revised Code | 1065 |
1066 | |
expenses incurred as a result of the failure to comply with the | 1067 |
order.
| 1068 |
1069 | |
1070 | |
1071 | |
1072 |
Sec. 3119.76. The director of job and family services shall | 1073 |
adopt rules pursuant to Chapter 119. of the Revised Code | 1074 |
establishing a procedure for determining when existing child | 1075 |
support orders should be reviewed to determine whether it is | 1076 |
necessary and in the best interest of the children who are the | 1077 |
subject of the child support order to change the child support | 1078 |
order. The rules shall include, but are not limited to, all of | 1079 |
the following: | 1080 |
(A) Any procedures necessary to comply with section | 1081 |
666(a)(10) of Title 42 of the U.S. Code, "Family Support Act of | 1082 |
1988," 102 Stat. 2346, 42 U.S.C. 666(a)(10), as amended, and any | 1083 |
regulations adopted pursuant to, or to enforce, that section; | 1084 |
(B) Procedures for determining what child support orders are | 1085 |
to be subject to review upon the request of either the obligor or | 1086 |
the obligee or periodically by the child support enforcement | 1087 |
agency administering the child support order; | 1088 |
(C) Procedures for the child support enforcement agency to | 1089 |
periodically review and to review, upon the request of the obligor | 1090 |
or the obligee, any child support order that is subject to review | 1091 |
to determine whether the amount of child support paid under the | 1092 |
child support order should be adjusted in accordance with the | 1093 |
basic child support schedule set forth in section 3119.021 of the | 1094 |
Revised Code or whether the provisions for the child's health care | 1095 |
needs under the child support order should be modified in | 1096 |
accordance with sections
| 1097 |
Revised Code; | 1098 |
(D) Procedures for giving obligors and obligees notice of | 1099 |
their right to request a review of a child support order that is | 1100 |
determined to be subject to review, notice of any proposed | 1101 |
revision of the amount of child support to be paid under the child | 1102 |
support order, notice of the procedures for requesting a hearing | 1103 |
on any proposed revision of the amount of child support to be paid | 1104 |
under a child support order, notice of any administrative hearing | 1105 |
to be held on a proposed revision of the amount of child support | 1106 |
to be paid under a child support order, at least forty-five days' | 1107 |
prior notice of any review of their child support order, and | 1108 |
notice that a failure to comply with any request for documents or | 1109 |
information to be used in the review of a child support order is | 1110 |
contempt of court; | 1111 |
(E) Procedures for obtaining the necessary documents and | 1112 |
information necessary to review child support orders and for | 1113 |
holding administrative hearings on a proposed revision of the | 1114 |
amount of child support to be paid under a child support order; | 1115 |
(F) Procedures for adjusting child support orders in | 1116 |
accordance with the basic child support schedule set forth in | 1117 |
section 3119.021 of the Revised Code and the applicable worksheet | 1118 |
in section 3119.022 or 3119.023 of the Revised Code, through the | 1119 |
line establishing the actual annual obligation; | 1120 |
(G) Procedures for adjusting the provisions of the child | 1121 |
support order governing the health care needs of the child | 1122 |
pursuant to
sections
| 1123 |
Revised Code. | 1124 |
Sec. 3121.03. If a court or child support enforcement agency | 1125 |
that issued or modified a support order, or the agency | 1126 |
administering the support order, is required by the Revised Code | 1127 |
to issue one or more withholding or deduction notices described in | 1128 |
this section or other orders described in this section, the court | 1129 |
or agency shall issue one or more of the following types of | 1130 |
notices or orders, as appropriate, for payment of the support and | 1131 |
also, if required by the Revised Code or the court, to pay any | 1132 |
arrearages: | 1133 |
(A)(1) If the court or the child support enforcement agency | 1134 |
determines that the obligor is receiving income from a payor, the | 1135 |
court or agency shall require the payor to do all of the | 1136 |
following: | 1137 |
(a) Withhold from the obligor's income a specified amount | 1138 |
for support in satisfaction of the support order and begin the | 1139 |
withholding no later than fourteen business days following the | 1140 |
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 division | 1142 |
(A)(2) of this section or, if the payor is an employer, no later | 1143 |
than the first pay period that occurs after fourteen business days | 1144 |
following the date the notice is mailed; | 1145 |
(b) Send the amount withheld to the office of child support | 1146 |
in the department of job and family services pursuant to section | 1147 |
3121.43 of the Revised Code immediately but not later than seven | 1148 |
business days after the date the obligor is paid; | 1149 |
(c) Continue the withholding at intervals specified in the | 1150 |
notice until further notice from the court or child support | 1151 |
enforcement agency. | 1152 |
To the extent possible, the amount specified to be withheld | 1153 |
shall satisfy the amount ordered for support in the support order | 1154 |
plus any arrearages owed by the obligor under any prior support | 1155 |
order that pertained to the same child or spouse, notwithstanding | 1156 |
any applicable limitations of sections 2329.66, 2329.70, 2716.02, | 1157 |
2716.041, and 2716.05 of the Revised Code. However, in no case | 1158 |
shall the sum of the amount to be withheld and any fee withheld by | 1159 |
the payor as a charge for its services exceed the maximum amount | 1160 |
permitted under section 303(b) of the "Consumer Credit Protection | 1161 |
Act," 15 U.S.C. 1673(b). | 1162 |
(2) A court or agency that imposes an income withholding | 1163 |
requirement shall, within the applicable time specified in section | 1164 |
3119.80, 3119.81, 3121.035, 3121.896, 3123.021, or 3123.06 of the | 1165 |
Revised Code, send to the obligor's payor by regular mail a notice | 1166 |
that contains all of the information applicable to withholding | 1167 |
notices set forth in section 3121.037 of the Revised Code. The | 1168 |
notice is final and is enforceable by the court. | 1169 |
(B)(1) If the court or child support enforcement agency | 1170 |
determines that the obligor has funds that are not exempt under | 1171 |
the laws of this state or the United States from execution, | 1172 |
attachment, or other legal process and are on deposit in an | 1173 |
account in a financial institution under the jurisdiction of the | 1174 |
court that issued the court support order, or in the case of an | 1175 |
administrative child support order, under the jurisdiction of the | 1176 |
common pleas court of the county in which the agency that issued | 1177 |
or is administering the order is located, the court or agency may | 1178 |
require any financial institution in which the obligor's funds are | 1179 |
on deposit to do all of the following: | 1180 |
(a) Deduct from the obligor's account a specified amount for | 1181 |
support in satisfaction of the support order and begin the | 1182 |
deduction no later than fourteen business days following the date | 1183 |
the notice was mailed to the financial institution under section | 1184 |
3121.035 or 3123.06 of the Revised Code and division (B)(2) of | 1185 |
this section; | 1186 |
(b) Send the amount deducted to the office of child support | 1187 |
in the department of job and family services pursuant to section | 1188 |
3121.43 of the Revised Code immediately but not later than seven | 1189 |
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 the | 1192 |
notice until further notice from the court or child support | 1193 |
enforcement agency. | 1194 |
To the extent possible, the amount to be deducted shall | 1195 |
satisfy the amount ordered for support in the support order plus | 1196 |
any arrearages that may be owed by the obligor under any prior | 1197 |
support order that pertained to the same child or spouse, | 1198 |
notwithstanding the limitations of sections 2329.66, 2329.70, and | 1199 |
2716.13 of the Revised Code. | 1200 |
(2) A court or agency that imposes a deduction requirement | 1201 |
shall, within the applicable period of time specified in section | 1202 |
3119.80, 3119.81, 3121.035, or 3123.06 of the Revised Code, send | 1203 |
to the financial institution by regular mail a notice that | 1204 |
contains all of the information applicable to deduction notices | 1205 |
set forth in section 3121.037 of the Revised Code. The notice is | 1206 |
final and is enforceable by the court. | 1207 |
(C) With respect to any court support order it issues, a | 1208 |
court may issue an order requiring the obligor to enter into a | 1209 |
cash bond with the court. The court shall issue the order as part | 1210 |
of the court support order or, if the court support order has | 1211 |
previously been issued, as a separate order. The cash bond shall | 1212 |
be in a sum fixed by the court at not less than five hundred nor | 1213 |
more than ten thousand dollars, conditioned that the obligor will | 1214 |
make payment as previously ordered and will pay any arrearages | 1215 |
under any prior court support order that pertained to the same | 1216 |
child or spouse. | 1217 |
The order, along with an additional order requiring the | 1218 |
obligor to immediately notify the child support enforcement | 1219 |
agency, in writing, if the obligor begins to receive income from a | 1220 |
payor, shall be attached to and served on the obligor at the same | 1221 |
time as service of the court support order or, if the court | 1222 |
support order has previously been issued, as soon as possible | 1223 |
after the issuance of the order under this section. The | 1224 |
additional order requiring notice by the obligor shall state all | 1225 |
of the following: | 1226 |
(1) That when the obligor begins to receive income from a | 1227 |
payor the obligor may request that the court cancel its bond order | 1228 |
and instead issue a notice requiring the withholding of an amount | 1229 |
from income for support in accordance with this section; | 1230 |
(2) That when the obligor begins to receive income from a | 1231 |
payor the court will proceed to collect on the bond if the court | 1232 |
determines that payments due under the court support order have | 1233 |
not been made and that the amount that has not been paid is at | 1234 |
least equal to the support owed for one month under the court | 1235 |
support order and will issue a notice requiring the withholding of | 1236 |
an amount from income for support in accordance with this section. | 1237 |
The notice required of the obligor shall include a description of | 1238 |
the nature of any new employment, the name and business address of | 1239 |
any new employer, and any other information reasonably required by | 1240 |
the court. | 1241 |
The court shall not order an obligor to post a cash bond | 1242 |
under this section unless the court determines that the obligor | 1243 |
has the ability to do so. | 1244 |
A child support enforcement agency may not issue a cash bond | 1245 |
order. If a child support enforcement agency is required to issue | 1246 |
a withholding or deduction notice under this section with respect | 1247 |
to a court support order but the agency determines that no | 1248 |
withholding or deduction notice would be appropriate, the agency | 1249 |
may request that the court issue a cash bond order under this | 1250 |
section, and upon the request, the court may issue the order. | 1251 |
(D)(1) If the obligor under a court support order is | 1252 |
unemployed, has no income, and does not have an account at any | 1253 |
financial institution, or on request of a child support | 1254 |
enforcement agency under division (D)(1) or (2) of this section, | 1255 |
the court shall issue an order requiring the obligor, if able to | 1256 |
engage in employment, to seek employment or participate in a work | 1257 |
activity to which a recipient of assistance under Title IV-A of | 1258 |
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 the | 1260 |
"Social Security Act," 42 U.S.C.A. 607(d), as amended. The court | 1261 |
shall include in the order a requirement that the obligor notify | 1262 |
the child support enforcement agency on obtaining employment, | 1263 |
obtaining any income, or obtaining ownership of any asset with a | 1264 |
value of five hundred dollars or more. The court may issue the | 1265 |
order regardless of whether the obligee to whom the obligor owes | 1266 |
support is a recipient of assistance under Title IV-A of the | 1267 |
"Social Security Act." The court shall issue the order as part of | 1268 |
a court support order or, if a court support order has previously | 1269 |
been issued, as a separate order. If a child support enforcement | 1270 |
agency is required to issue a withholding or deduction notice | 1271 |
under this section with respect to a court support order but | 1272 |
determines that no withholding or deduction notice would be | 1273 |
appropriate, the agency may request that the court issue a court | 1274 |
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 support | 1277 |
order is unemployed, has no income, and does not have an account | 1278 |
at any financial institution, the agency shall issue an | 1279 |
administrative order requiring the obligor, if able to engage in | 1280 |
employment, to seek employment or participate in a work activity | 1281 |
to which a recipient of assistance under Title IV-A of the "Social | 1282 |
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 "Social | 1284 |
Security Act," 42 U.S.C.A. 607(d), as amended. The agency shall | 1285 |
include in the order a requirement that the obligor notify the | 1286 |
agency on obtaining employment or income, or ownership of any | 1287 |
asset with a value of five hundred dollars or more. The agency | 1288 |
may issue the order regardless of whether the obligee to whom the | 1289 |
obligor owes support is a recipient of assistance under Title IV-A | 1290 |
of the "Social Security Act." If an obligor fails to comply with | 1291 |
an administrative order issued pursuant to division (D)(2) of this | 1292 |
section, the agency shall submit a request to a court for the | 1293 |
court to issue an order under division (D)(1) of this section. | 1294 |
Sec. 3121.035. Within fifteen days after an obligor under a | 1295 |
support order is located following issuance or modification of the | 1296 |
support order
| 1297 |
1298 | |
enforcement agency that issued or modified the support order, or | 1299 |
the agency, pursuant to an agreement with the court with respect | 1300 |
to a court support order, shall do either of the following: | 1301 |
(A) If a withholding or deduction notice described in | 1302 |
section 3121.03 of the Revised Code is appropriate, send the | 1303 |
notice by regular mail to each person required to comply with it; | 1304 |
(B) If an order described in section 3121.03, 3121.04 to | 1305 |
3121.08, or 3121.12 of the Revised Code is appropriate, issue and | 1306 |
send the appropriate order. | 1307 |
Sec. 3121.27. (A) A court or child support enforcement | 1308 |
agency shall include in any order for support it issues a general | 1309 |
provision that states the following: | 1310 |
"All support under this order shall be withheld or deducted | 1311 |
from the income or assets of the obligor pursuant to a withholding | 1312 |
or deduction notice or appropriate order issued in accordance with | 1313 |
Chapters 3119., 3121., 3123., and 3125. of the Revised Code or a | 1314 |
withdrawal directive issued pursuant to sections 3123.24 to | 1315 |
3123.38 of the Revised Code and shall be forwarded to the obligee | 1316 |
in accordance with Chapters 3119., 3121., 3123., and 3125. of the | 1317 |
Revised Code." | 1318 |
(B) All support orders issued
prior to
| 1319 |
1320 | |
1321 | |
1322 | |
1323 | |
contain the general provision described in this section and shall | 1324 |
be enforced and modified in the same manner as a support order | 1325 |
issued on or after
| 1326 |
Sec. 3121.58. If an obligor fails to
| 1327 |
payment required
| 1328 |
1329 | |
1330 | |
office of child support shall maintain a separate arrearage | 1331 |
account of that amount for the obligor. The office shall not | 1332 |
deduct the unpaid amount from any support payment due the obligee | 1333 |
under the support order. | 1334 |
Sec. 3121.67. The office of child support may enter into | 1335 |
contracts with public entities or private vendors for the | 1336 |
collection of amounts due under support orders or for the | 1337 |
performance of other administrative duties of the office. The | 1338 |
office may contract with a public or private entity for the | 1339 |
collection of arrearages owed under any child support order for | 1340 |
which a court or a child support enforcement agency has found the | 1341 |
obligor in default pursuant to a final and enforceable order | 1342 |
issued pursuant to sections
| 1343 |
the Revised Code. Each contract shall comply with the rules | 1344 |
adopted pursuant to section 3121.71 of the Revised Code. | 1345 |
Sec. 3121.896. Not later than the business day after receipt | 1346 |
of the notice described in section 3121.895 of the Revised Code, | 1347 |
the child support enforcement agency administering the support | 1348 |
order shall send a withholding notice to the employer pursuant to | 1349 |
section 3121.03 of the Revised Code, unless the employee's income | 1350 |
is not subject to withholding, and shall take any other | 1351 |
appropriate action under Chapters 3119., 3121., 3123., and 3125. | 1352 |
of the Revised Code. Identification of a default under section | 1353 |
3123.02 of the Revised Code does not in any way affect the | 1354 |
requirement that a withholding notice be sent to an employer under | 1355 |
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 the | 1358 |
same meanings as in section 3119.01 of the Revised Code. | 1359 |
(B) "Default," "financial institution," "income," and | 1360 |
"payor" have the same meanings as in section 3121.01 of the | 1361 |
Revised Code. | 1362 |
(C) "Default notice" means the notice required by section | 1363 |
3123.03 of the Revised Code. | 1364 |
(D) "Period of default" means the period beginning on the | 1365 |
date a default under a support order is identified and ending on | 1366 |
the date the total arrearage amount owed under the order is paid. | 1367 |
Sec. 3123.021. If an obligor under a support order is | 1368 |
identified as being in default under the order and is also | 1369 |
identified under section 3121.895 of the Revised Code as obtaining | 1370 |
employment, the withholding notice issued under section 3121.03 of | 1371 |
the Revised Code in accordance with section 3121.896 of the | 1372 |
Revised Code shall require the arrearage amount resulting from the | 1373 |
default to be withheld in addition to current support amounts. | 1374 |
If an obligor under a support order is identified as being in | 1375 |
default under the order and is also identified through a source | 1376 |
other than section 3121.895 of the Revised Code as obtaining | 1377 |
employment, the child support enforcement agency administering the | 1378 |
order shall send a withholding notice to the employer pursuant to | 1379 |
section 3121.03 of the Revised Code, unless the employee's income | 1380 |
is not subject to withholding, not later than two business days | 1381 |
after discovery of the employment. The withholding notice shall | 1382 |
require the arrearage amount resulting from the default to be | 1383 |
withheld in addition to current support amounts. | 1384 |
Section 3123.21 of the Revised Code applies to a withholding | 1385 |
notice issued in accordance with this section beginning on the | 1386 |
date it is issued and ending on the date the period of default | 1387 |
ends. | 1388 |
Sec. 3123.022. The issuance of a withholding notice in | 1389 |
accordance with section 3123.021 of the Revised Code does not | 1390 |
affect the obligor's right to contest pursuant to sections 3123.04 | 1391 |
and 3123.05 of the Revised Code an identification of default or | 1392 |
the amount of arrearages identified under the default. | 1393 |
The timely filing of a written request or motion for an | 1394 |
administrative or court hearing under section 3123.04 or 3123.05 | 1395 |
of the Revised Code does not cause the suspension of a withholding | 1396 |
notice issued in accordance with section 3123.021 of the Revised | 1397 |
Code. | 1398 |
Sec. 3123.023. At the time it issues a withholding notice | 1399 |
in accordance with section 3123.021 of the Revised Code the child | 1400 |
support enforcement agency shall notify the obligee that the | 1401 |
notice is being issued. | 1402 |
Sec. 3123.03. | 1403 |
1404 | |
1405 | |
1406 | |
1407 |
| 1408 |
a
default under a support order, the
| 1409 |
1410 | |
1411 | |
department of job and family
services
| 1412 |
1413 | |
1414 | |
1415 | |
1416 | |
1417 | |
include
a
| 1418 |
taken against the obligor if the court or agency makes a final and | 1419 |
enforceable determination that the obligor is in default. If the | 1420 |
location of the obligor is unknown at the time of the | 1421 |
identification of a default under the support
order,
the
| 1422 |
office | 1423 |
the
| 1424 |
1425 |
| 1426 |
1427 |
| 1428 |
1429 | |
1430 | |
1431 | |
1432 | |
1433 | |
1434 | |
1435 | |
1436 | |
1437 | |
1438 |
| 1439 |
1440 | |
1441 | |
1442 | |
1443 | |
1444 | |
1445 | |
1446 | |
1447 |
| 1448 |
1449 | |
1450 |
| 1451 |
1452 | |
1453 | |
1454 | |
1455 | |
1456 |
Sec. 3123.031. The default notice shall contain all of the | 1457 |
following: | 1458 |
(A) The date on which it is sent; | 1459 |
(B) A statement that the obligor is in default under a | 1460 |
support order; | 1461 |
(C) The amount of arrearages the obligor owes due to the | 1462 |
default as of the date the default notice is sent; | 1463 |
(D) A statement that any arrearages owed by the obligor that | 1464 |
arise after the default notice is sent and during the period of | 1465 |
default will be added to the obligor's total child support | 1466 |
obligation and will be subject to collection efforts without | 1467 |
further default notice; | 1468 |
(E) A statement of the types of withholding or deduction | 1469 |
requirements and related notices described in section 3121.03 of | 1470 |
the Revised Code or the types of court orders described in | 1471 |
sections 3121.03, 3121.04 to 3121.08, and 3121.12 of the Revised | 1472 |
Code that will be issued for payment of support and arrearages and | 1473 |
the amount that will be withheld or deducted pursuant to those | 1474 |
requirements; | 1475 |
(F) A statement that any notice for the withholding or | 1476 |
deduction of an amount from income or assets applies to all | 1477 |
current and subsequent payors of the obligor and financial | 1478 |
institutions in which the obligor has an account and that any | 1479 |
withholding or deduction requirement and related notice described | 1480 |
in section 3121.03 of the Revised Code or any court order | 1481 |
described in sections 3121.03, 3121.04 to 3121.08, and 3121.12 of | 1482 |
the Revised Code that is issued will not be discontinued solely | 1483 |
because the obligor pays arrearages; | 1484 |
(G) A statement that the obligor may file with the child | 1485 |
support enforcement agency, within seven business days after the | 1486 |
date on which the default notice is sent, a written request for an | 1487 |
administrative hearing under section 3123.04 of the Revised Code; | 1488 |
(H) A statement that, if the obligor files a timely written | 1489 |
request for an administrative hearing, the obligor may file with | 1490 |
the court, within seven business days after the agency makes its | 1491 |
determinations under the administrative hearing, a written motion | 1492 |
for a court hearing under section 3123.05 of the Revised Code; | 1493 |
(I) An explanation of the administrative and court action | 1494 |
that will take place if the obligor files a timely written request | 1495 |
or motion for an administrative or court hearing; | 1496 |
(J) An explanation of how a final and enforceable | 1497 |
determination of default and amount of arrearages is made under | 1498 |
sections 3123.032, 3123.04, and 3123.05 of the Revised Code; | 1499 |
(K) A statement that a withholding notice may be issued in | 1500 |
accordance with section 3123.021 of the Revised Code if the child | 1501 |
support enforcement agency determines the obligor has obtained | 1502 |
employment and an explanation of the provisions of section | 1503 |
3123.022 of the Revised Code. | 1504 |
Sec. 3123.032. (A) If an obligor who has received a | 1505 |
default notice under section 3123.03 of the Revised Code fails to | 1506 |
make a timely request for an administrative hearing under section | 1507 |
3123.04 of the Revised Code, the default notice becomes a final | 1508 |
and enforceable determination by the child support enforcement | 1509 |
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 the | 1512 |
default. | 1513 |
(B) If an agency's determination becomes final and | 1514 |
enforceable under this section, the agency shall take further | 1515 |
action as required under section 3123.06 of the Revised Code. | 1516 |
| 1517 |
services shall adopt
standard
forms for the
| 1518 |
notice.
| 1519 |
1520 | |
1521 | |
1522 |
Sec. 3123.034. An advance notice issued under section 3123.03 | 1523 |
of the Revised Code as that section existed prior to the effective | 1524 |
date of this section shall be treated the same as a default notice | 1525 |
issued under section 3123.03 of the Revised Code as amended by | 1526 |
this act. If an obligor subject to an advance notice has not | 1527 |
exhausted the rights to contest withholding or deduction because | 1528 |
of a mistake of fact pursuant to sections 3123.02 to 3123.071 of | 1529 |
the Revised Code as those sections existed prior to the effective | 1530 |
date of this section, the obligor may proceed in accordance with | 1531 |
sections 3123.03 to 3123.06 of the Revised Code as amended by this | 1532 |
act at the comparable point of the proceedings. | 1533 |
Sec. 3123.04. | 1534 |
under section 3123.03 of the Revised Code may file a written | 1535 |
request for an administrative hearing with the child support | 1536 |
enforcement agency that identified the default regarding whether a | 1537 |
mistake of fact was made in the notice. The request must be filed | 1538 |
not later than seven business days after the date on which the | 1539 |
default notice is sent. | 1540 |
If the obligor
| 1541 |
1542 | |
1543 | |
agency shall conduct an administrative hearing no later than ten | 1544 |
days after the date on which the obligor files the request for the | 1545 |
hearing. No later than five days before the date on which the | 1546 |
hearing is to be conducted, the agency shall send the obligor and | 1547 |
the obligee written notice of the date, time, place, and purpose | 1548 |
of the hearing. The notice to the obligor and obligee also shall | 1549 |
indicate that the obligor may present testimony and evidence at | 1550 |
the hearing only in regard to the issue of whether a mistake of | 1551 |
fact was made
in the
| 1552 |
At the hearing, the child support enforcement agency shall | 1553 |
determine whether a mistake of fact was made
in the
| 1554 |
default
notice.
| 1555 |
1556 | |
1557 | |
1558 | |
the obligor. The agency's determinations are final and are | 1559 |
enforceable by the court unless, within seven business days after | 1560 |
the agency makes its determinations, the obligor files a written | 1561 |
motion with the court for a court hearing to determine whether a | 1562 |
mistake of fact still exists
in the
| 1563 |
1564 |
If an agency's determination becomes final and enforceable | 1565 |
under this section, the agency shall take further action as | 1566 |
required under section 3123.06 of the Revised Code. | 1567 |
Sec. 3123.05. If,
| 1568 |
after the child support enforcement agency makes its | 1569 |
determinations under section 3123.04 of the Revised Code, the | 1570 |
obligor files a written motion for a court hearing to determine | 1571 |
whether a
mistake of fact
still
exists in the
| 1572 |
notice
| 1573 |
hearing
| 1574 |
ten days, after
the
| 1575 |
1576 | |
date on which the court hearing is to be held, the court shall | 1577 |
send the obligor and the obligee written notice by regular mail of | 1578 |
the date, time, place, and purpose of the court hearing. The | 1579 |
hearing shall be limited to a determination of whether there is a | 1580 |
mistake of fact
in the
| 1581 |
1582 |
| 1583 |
1584 | |
1585 |
At the hearing, the court shall determine whether there is a | 1586 |
mistake of fact in the default notice. On the conclusion of the | 1587 |
hearing, the court shall make its determination. The | 1588 |
determination is final and enforceable. The court shall take | 1589 |
further action as provided in section 3123.06 of the Revised Code. | 1590 |
Sec. 3123.06. | 1591 |
1592 | |
1593 | |
1594 | |
1595 | |
Revised Code, or child support enforcement agency, under section | 1596 |
3123.032 or 3123.04 of the Revised Code, makes a final and | 1597 |
enforceable determination that an obligor is in default under a | 1598 |
support order, one of the following shall apply: | 1599 |
(1) If no withholding notice was issued in accordance with | 1600 |
section 3123.021 of the Revised Code with respect to the order, | 1601 |
the court or
| 1602 |
more notices requiring withholding or deduction of income or | 1603 |
assets of the obligor in accordance with section 3121.03 of the | 1604 |
Revised Code, or the court shall issue one or more court orders | 1605 |
imposing other appropriate requirements in accordance with | 1606 |
sections 3121.03, 3121.035, 3121.04 to 3121.08, and 3121.12 of the | 1607 |
Revised Code. | 1608 |
(2) If a withholding notice was issued in accordance with | 1609 |
section 3123.021 of the Revised Code with respect to the order and | 1610 |
the final and enforceable determination of default altered the | 1611 |
arrearage amount stated in the default notice, the court or | 1612 |
agency, whichever made the determination, shall revise the | 1613 |
withholding notice and may issue, as appropriate, any of the | 1614 |
notices or orders described in division (A)(1) of this section. | 1615 |
(3) If a withholding notice was issued in accordance with | 1616 |
section 3123.021 of the Revised Code with respect to the order but | 1617 |
the final and enforceable determination of default did not alter | 1618 |
the arrearage amount stated in the default notice, the withholding | 1619 |
notice shall remain in effect. The court or agency, in addition | 1620 |
and as appropriate, may issue any other notice or order described | 1621 |
in division (A)(1) of this section. | 1622 |
(B) If a court, under section 3123.05 of the Revised Code, or | 1623 |
an agency, under section 3123.04 of the Revised Code, determines | 1624 |
that no default exists under a support order, the court or agency | 1625 |
shall terminate the default proceedings. If a withholding notice | 1626 |
was issued in accordance with section 3123.021 of the Revised Code | 1627 |
with respect to the order, the court or agency, whichever made the | 1628 |
final and enforceable determination, shall revise the withholding | 1629 |
notice, and may issue, as appropriate, any of the notices or | 1630 |
orders described in division (A)(1) of this section, to collect | 1631 |
current support. | 1632 |
(C) A withholding or deduction notice issued under division | 1633 |
(A)(1), (2), or (3) of this section shall require the payment of | 1634 |
arrearages caused by the default along with any payment for | 1635 |
current support. A withholding or deduction notice or other | 1636 |
appropriate order described under this section shall be issued not | 1637 |
later than fifteen days after the determination of default under | 1638 |
the support order becomes final and enforceable. Section 3123.21 | 1639 |
of the Revised Code applies to a withholding or deduction notice | 1640 |
or other appropriate order described under division (A) of this | 1641 |
section beginning on the date it is issued and ending on the date | 1642 |
the period of default ends. | 1643 |
Sec. 3123.061. Section 3123.21 of the Revised Code applies to | 1644 |
a withholding or deduction notice or other appropriate order | 1645 |
issued under section 3123.06 of the Revised Code as that section | 1646 |
existed prior to the effective date of this section beginning on | 1647 |
the date the notice or order was issued and ending on the date the | 1648 |
period of default ends. | 1649 |
| 1650 |
child support
| 1651 |
family services to give the default notice required by section | 1652 |
1653 | |
any child support enforcement agency or court to issue any notice | 1654 |
or order for the payment of support, does not provide any defense | 1655 |
to any notice or order for the payment of support, and does not | 1656 |
affect any obligation to pay support. | 1657 |
Sec. 3123.17. (A) When a court issues or modifies a | 1658 |
court support order, the court shall determine the following: | 1659 |
(1) Whether the obligor is in default under a prior court | 1660 |
support order or the court support order being modified; | 1661 |
(2) If the obligor is in default, the date the court support | 1662 |
order went into default and the amount of support arrearages owed | 1663 |
pursuant to the default. | 1664 |
If the court determines the obligor is in default under a | 1665 |
support order, the court shall issue a new order requiring the | 1666 |
obligor to pay support. If the court determines the default was | 1667 |
willful, the
court
| 1668 |
amount from the date the court specifies as the date of default | 1669 |
to the date the court issues the new order requiring the payment | 1670 |
of support and, if interest is assessed, shall compute the | 1671 |
interest at the rate specified in section 1343.03 of the Revised | 1672 |
Code. The court shall specify in the support order the amount of | 1673 |
interest the court assessed against the obligor, if any, and | 1674 |
incorporate the amount of interest into the new monthly payment | 1675 |
plan. | 1676 |
(B) When a court issues or modifies a court support order, | 1677 |
the court may include in the support order a statement ordering | 1678 |
either party to pay the costs of the action, including, but not | 1679 |
limited to, attorney's fees, fees for genetic tests in contested | 1680 |
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 the | 1683 |
Revised Code, interest may be charged on the amount of support | 1684 |
arrearages owed pursuant to a default under a child support order | 1685 |
only as provided by section 3123.17 of the Revised Code. | 1686 |
Sec. 3123.18. If a court or child support enforcement | 1687 |
agency made a final and enforceable determination under sections | 1688 |
3123.02 to 3123.071 of the Revised Code as those sections existed | 1689 |
prior to the effective date of this section or makes a final and | 1690 |
enforceable determination under sections 3123.01 to 3123.07 of the | 1691 |
Revised Code that an obligor is in default under a support order, | 1692 |
each payment or installment that was due and unpaid under the | 1693 |
support order that is the basis for the default determination plus | 1694 |
any arrearage amounts that accrue after the default determination | 1695 |
and during the period of default shall be a final judgment which | 1696 |
has the full force, effects, and attributes of a judgment entered | 1697 |
by a court of this state for which execution may issue under Title | 1698 |
XXIII of the Revised Code. | 1699 |
Sec. 3123.181. On the request of an obligor, obligee, or | 1700 |
authorized representative of an obligor or obligee, the child | 1701 |
support enforcement agency administering the order for which a | 1702 |
judgment under section 3123.18 of the Revised Code has arisen | 1703 |
shall issue to the obligor and obligee or their authorized | 1704 |
representatives a certified pay-off statement of the total amount | 1705 |
due on the judgment as of the time of the request. The certified | 1706 |
pay-off statement shall be valid for a period of thirty days after | 1707 |
the date it was issued. | 1708 |
Sec. 3123.182. During the period a certified pay-off | 1709 |
statement issued under section 3123.181 of the Revised Code is | 1710 |
valid, the obligee under the support order for which the statement | 1711 |
was issued, or a child support enforcement agency on behalf of the | 1712 |
obligee, may bring an action to obtain execution on the certified | 1713 |
pay-off statement in the common pleas court that issued the | 1714 |
support order or, if the order is an administrative child support | 1715 |
order, the common pleas court of the county served by the agency | 1716 |
that issued the order. The court shall treat the certified pay-off | 1717 |
statement as a rebuttable presumption of the amount of the | 1718 |
judgment. The court shall not require the reduction of unpaid | 1719 |
support payments and installments or arrearages under the support | 1720 |
order for which the certified pay-off statement applies to a lump | 1721 |
sum for purposes of execution. | 1722 |
Sec. 3123.183. Nothing in sections 3123.18 to 3123.182 of | 1723 |
the Revised Code limits the applicability of section 3123.22 of | 1724 |
the Revised Code. | 1725 |
Sec. 3123.25. (A) If, as a result of information obtained | 1726 |
pursuant to an agreement under section 3121.74 of the Revised | 1727 |
Code, the office of child support in the department of job and | 1728 |
family services finds or receives notice that identifies an | 1729 |
obligor in default who maintains an account with a financial | 1730 |
institution, the office shall, within one business day, enter the | 1731 |
information into the case registry established pursuant to section | 1732 |
3121.81 of the Revised Code. | 1733 |
(B) If a child support enforcement agency, after examining | 1734 |
the case registry, determines that an obligor in default under a | 1735 |
support order administered by the agency maintains an account in a | 1736 |
financial institution, the agency shall determine whether the | 1737 |
obligor is subject to a final and enforceable determination of | 1738 |
default made under sections
| 1739 |
the Revised Code. If the obligor is subject to a final and | 1740 |
enforceable determination of default, the agency may issue an | 1741 |
access restriction notice to the financial institution in which | 1742 |
the obligor's account is maintained. | 1743 |
Sec. 3123.42. If either of the following occurs with respect | 1744 |
to an individual who is an obligor under a child support order, | 1745 |
the child support enforcement agency administering the order may | 1746 |
determine whether the individual holds a license issued by a board | 1747 |
or, if possible, whether the individual has applied for, or is | 1748 |
likely to apply for, a license: | 1749 |
(A) A court or child support enforcement agency makes a | 1750 |
final and
enforceable determination under sections
| 1751 |
to
| 1752 |
default under the child support order. | 1753 |
(B) The individual fails, after receiving appropriate | 1754 |
notice, to comply with a subpoena or warrant issued by the court | 1755 |
or child support enforcement agency with respect to a proceeding | 1756 |
to enforce the child support order. | 1757 |
Sec. 3123.53. If either of the following occurs with respect | 1758 |
to an individual who is an obligor under a child support order, | 1759 |
the child support enforcement agency administering the child | 1760 |
support order may determine whether the individual holds a | 1761 |
driver's or commercial driver's license, motorcycle operator's | 1762 |
license or endorsement, temporary instruction permit, or | 1763 |
commercial driver's temporary instruction permit issued by the | 1764 |
registrar of motor vehicles or a deputy registrar or, if possible, | 1765 |
whether the individual has applied for or is likely to apply for | 1766 |
that license, endorsement, or permit: | 1767 |
(A) A court or child support enforcement agency makes a | 1768 |
final and
enforceable determination under sections
| 1769 |
to
| 1770 |
default under the child support order. | 1771 |
(B) The individual fails, after receiving appropriate | 1772 |
notice, to comply with a subpoena or warrant issued by the court | 1773 |
or child support enforcement agency with respect to a proceeding | 1774 |
to enforce the child support order. | 1775 |
Sec. 3123.62. (A) As used in this section, "recreational | 1776 |
license" means any license, permit, or stamp issued pursuant to | 1777 |
section 1533.10, 1533.11, 1533.111, 1533.112, or 1533.32 of the | 1778 |
Revised Code. | 1779 |
(B) If a court or child support enforcement agency makes a | 1780 |
final and enforceable
determination pursuant to sections
| 1781 |
3123.01
to
| 1782 |
is in default under a child support order, the agency | 1783 |
administering the child support order may determine whether the | 1784 |
individual holds a recreational license or, if possible, whether | 1785 |
the individual has applied for, or is likely to apply for, such a | 1786 |
license. If the agency determines that the individual holds, has | 1787 |
applied for, or is likely to apply for, such a license, it shall | 1788 |
follow procedures that are substantively the same as those set | 1789 |
forth in sections 3123.42 to 3123.46 of the Revised Code and the | 1790 |
division of wildlife shall follow procedures that are | 1791 |
substantively the same as those set forth in sections 3123.47 to | 1792 |
3123.50 of the Revised Code with respect to the license if both of | 1793 |
the following apply: | 1794 |
(1) The division of wildlife has implemented a computer | 1795 |
system that maintains license numbers for licenses issued by the | 1796 |
division, the names of persons to whom licenses are issued, and | 1797 |
the social security numbers of persons to whom licenses are | 1798 |
issued. | 1799 |
(2) The division has established safeguards that eliminate | 1800 |
the risk that social security numbers provided to the division for | 1801 |
the purpose of child support enforcement may be used for purposes | 1802 |
other than those permitted by federal law. | 1803 |
Sec. 3123.66. If a court or a child support enforcement | 1804 |
agency makes a final and enforceable determination pursuant to | 1805 |
sections
| 1806 |
that an obligor is in default under a support order, the agency | 1807 |
administering the support order may assert a lien on real and | 1808 |
personal property of the obligor located in this state. | 1809 |
Sec. 3123.67. The amount of the arrearage due under the | 1810 |
support order determined to be in default pursuant to sections | 1811 |
1812 | |
amounts due for current support that become an arrearage after the | 1813 |
date the default determination was made, shall be a lien against | 1814 |
all personal property, including after-acquired property, of the | 1815 |
obligor that is situated in this state. The lien may be filed | 1816 |
with the county recorder in each county of the state in which the | 1817 |
personal property is located. The amount of the arrearage due | 1818 |
under the support order determined to be in default and any | 1819 |
amounts due for current support that become an arrearage after the | 1820 |
date the default determination was made, shall be a lien against | 1821 |
real property, including after-acquired property, of the obligor | 1822 |
after the lien is filed with a county recorder of this state in | 1823 |
which the real property is located. A lien may be filed with the | 1824 |
county recorder in each county of the state in which real property | 1825 |
of the obligor is located. In recording the lien, if registered | 1826 |
land is involved, the county recorder shall take all necessary | 1827 |
action required by Chapter 5309. of the Revised Code. The county | 1828 |
recorder may be compensated for liens filed under this section | 1829 |
pursuant to the development of unit costs that are reimbursed | 1830 |
under the provider contract entered into pursuant to Title IV-D of | 1831 |
the "Social Security Act," 88 Stat. 2351 (1975), 42 U.S.C. 651, as | 1832 |
amended. | 1833 |
Sec. 3123.92. If a court or child support enforcement agency | 1834 |
makes a final and enforceable determination pursuant to sections | 1835 |
1836 | |
obligor is in default under a support order, the child support | 1837 |
enforcement agency administering the support order shall contact | 1838 |
at least one consumer reporting agency in this state and provide | 1839 |
to the consumer reporting agency the obligor's name, address, and | 1840 |
social security number or other identification number and any | 1841 |
other identifying information concerning the obligor the child | 1842 |
support enforcement agency has. A child support enforcement | 1843 |
agency shall not charge a consumer reporting agency a fee for | 1844 |
information provided by the child support enforcement agency | 1845 |
pursuant to this section. | 1846 |
Sec. 3924.48. (A) If a parent of a child is required by a | 1847 |
court or administrative order to provide health care coverage for | 1848 |
the child, and if the parent is eligible for family health care | 1849 |
coverage provided by a health insurer, the health insurer shall do | 1850 |
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 coverage | 1853 |
without regard to any enrollment period restrictions; | 1854 |
(2) If the parent is enrolled under the coverage but fails | 1855 |
to make application to obtain coverage for the child, enroll the | 1856 |
child under the family coverage upon application of the child's | 1857 |
other parent or pursuant to a child support order containing | 1858 |
provisions in
compliance with sections
| 1859 |
3119.56 of the Revised Code. | 1860 |
(B) The health insurer shall not terminate the child's | 1861 |
coverage unless the health insurer is provided satisfactory | 1862 |
written evidence of either of the following: | 1863 |
(1) The court or administrative order is no longer in | 1864 |
effect. | 1865 |
(2) The child is or will be enrolled under comparable health | 1866 |
care coverage provided by another health insurer, which coverage | 1867 |
will take effect not later than the effective date of the | 1868 |
termination of the current coverage. | 1869 |
(C) As used in this section, "child support order" has the | 1870 |
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 a | 1872 |
court or administrative order to provide health
| 1873 |
coverage for the child, which coverage is available through an | 1874 |
employer doing business in this state, the employer shall do all | 1875 |
of the following: | 1876 |
(1) If the child is otherwise eligible for the family | 1877 |
coverage, permit the parent to enroll the child under the coverage | 1878 |
without regard to any enrollment period restrictions; | 1879 |
(2) If the parent is enrolled under the coverage but fails | 1880 |
to make application to obtain coverage for the child, enroll the | 1881 |
child under the family coverage upon application of the child's | 1882 |
other parent or pursuant to a child support order containing | 1883 |
provisions in
compliance with sections
| 1884 |
3119.56 of the Revised Code; | 1885 |
(3) Withhold from the employee's compensation the employee's | 1886 |
share of premiums for the health care coverage, if any, and pay | 1887 |
that amount to the health insurer providing the coverage; | 1888 |
(4) Comply with the requirements of sections 3119.36 to | 1889 |
3119.364 and 3119.42 of the Revised Code and any rules adopted by | 1890 |
the department of job and family services under section 3119.51 of | 1891 |
the Revised Code. | 1892 |
(B) The employer shall not terminate the child's coverage | 1893 |
unless the employer has eliminated family coverage for all of its | 1894 |
employees or unless the employer is provided satisfactory written | 1895 |
evidence of either of the following: | 1896 |
(1) The court or administrative order is no longer in | 1897 |
effect. | 1898 |
(2) The child is or will be enrolled under comparable health | 1899 |
care coverage that will take effect not later than the effective | 1900 |
date of the termination of the current coverage. | 1901 |
(C) As used in this section, "child support order" has the | 1902 |
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 counsel | 1905 |
appointed by the board of commissioners on grievances and | 1906 |
discipline of the supreme court under the Rules for the Government | 1907 |
of the Bar of Ohio. | 1908 |
(2) "Certified grievance committee" means a duly constituted | 1909 |
and organized committee of the Ohio state bar association or of | 1910 |
one or more local bar associations of the state that complies with | 1911 |
the criteria set forth in rule V, section 3 of the Rules for the | 1912 |
Government of the Bar of Ohio. | 1913 |
(3) "Child support order" has the same meaning as in section | 1914 |
3119.01 of the Revised Code. | 1915 |
(B) If an individual who has been admitted to the bar by | 1916 |
order of the supreme court in compliance with its published rules | 1917 |
is determined pursuant to sections
| 1918 |
3123.07 of the Revised Code by a court or child support | 1919 |
enforcement agency to be in default under a support order being | 1920 |
administered or handled by a child support enforcement agency, | 1921 |
that agency may send a notice listing the name and social security | 1922 |
number or other identification number of the individual and a | 1923 |
certified copy of the court or agency determination that the | 1924 |
individual is in default to the secretary of the board of | 1925 |
commissioners on grievances and discipline of the supreme court | 1926 |
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 the | 1938 |
Revised Code are hereby repealed. | 1939 |
Section 3. This act is hereby declared to be an emergency | 1940 |
measure necessary for the immediate preservation of the public | 1941 |
peace, health, and safety. The reason for such necessity is that | 1942 |
federal law requires states to begin using the national medical | 1943 |
support notice in child support enforcement by January 1, 2003, | 1944 |
and this act provides for the notice's use. Therefore, this act | 1945 |
shall go into immediate effect. | 1946 |