As Introduced

125th General Assembly Regular Session 2003-2004

H. B. No. 149

Representatives Fessler, Seitz, Williams, Gilb, Brinkman, Perry, Reidelbach 

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A BILL

To amend sections 3119.60, 3119.61, 3119.68, 3119.74,

1

and 3119.79 and to enact sections 3119.77 and

2

3119.771 of the Revised Code to provide for the

3

modification of a child support order at the

4

request of a member of the uniformed services

5

called to emergency military service.

6

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

Section 1. That sections 3119.60, 3119.61, 3119.68, 3119.74,	7
and 3119.79 be amended and sections 3119.77 and 3119.771 of the	8
Revised Code be enacted to read as follows:	9

Sec. 3119.60.  If a child support enforcement agency,	10
periodically or on request of an obligor or obligee, plans to	11
review a child support order in accordance with the rules adopted	12
pursuant to section 3119.76 of the Revised Code, pursuant to	13
section 3119.771 of the Revised Code, or otherwise plans to review	14
a child support order, it shall do all of the following prior to	15
formally beginning the review:	16

(A) Establish a date certain on which the review will	17
formally begin;	18

(B) At least forty-five days before formally beginning the	19
review, send the obligor and the obligee notice of the planned	20
review and of the date when the review will formally begin;	21

(C)(1) Request the obligor to provide the agency, no later	22
than the scheduled date for formally beginning the review, with	23
all of the following:	24

(a) A copy of the obligor's federal income tax return from	25
the previous year;	26

(b) A copy of all pay stubs obtained by the obligor within	27
the preceding six months;	28

(c) A copy of all other records evidencing the receipt of any	29
other salary, wages, or compensation by the obligor within the	30
preceding six months;	31

(d) A list of the group health insurance and health care	32
policies, contracts, and plans available to the obligor and their	33
costs;	34

(e) The current health insurance or health care policy,	35
contract, or plan under which the obligor is enrolled and its	36
cost;	37

(f) If the agency plans to review the order pursuant to	38
section 3119.771 of the Revised Code, a notarized letter from the	39
obligor's commanding officer specifying the commencement date of	40
the obligor's emergency military service and the monetary	41
compensation for that service;	42

(g) Any other information necessary to properly review the	43
child support order.	44

(2) Request the obligee to provide the agency, no later than	45
the scheduled date for formally beginning the review, with all of	46
the following:	47

(a) A copy of the obligee's federal income tax return from	48
the previous year;	49

(b) A copy of all pay stubs obtained by the obligee within	50
the preceding six months;	51

(c) A copy of all other records evidencing the receipt of any	52
other salary, wages, or compensation by the obligee within the	53
preceding six months;	54

(d) A list of the group health insurance and health care	55
policies, contracts, and plans available to the obligee and their	56
costs;	57

(e) The current health insurance or health care policy,	58
contract, or plan under which the obligee is enrolled and its	59
cost;	60

(f) Any other information necessary to properly review the	61
child support order.	62

(D) Include in the notice sent pursuant to division (B) of	63
this section, one of the following:	64

(1) If the child support order being reviewed is a court	65
child support order, a notice that a willful failure to provide	66
the documents and other information requested pursuant to division	67
(C) of this section is contempt of court;	68

(2) If the child support order being reviewed is an	69
administrative child support order, a notice that if either the	70
obligor or obligee fails to comply with the request for	71
information, the agency may bring an action under section 3119.72	72
of the Revised Code requesting that the court find the obligor and	73
the obligee in contempt pursuant to section 2705.02 of the Revised	74
Code.	75

Sec. 3119.61. (A) The child support enforcement agency shall	76
review an administrative child support order on the date	77
established pursuant to section 3119.60 of the Revised Code for	78
formally beginning the review of the order. If the agency	79
determines that a modification is necessary and in the best	80
interest of the child subject to the order, theThe agency shall	81
calculate the amount the obligor shall pay in accordance with	82
section 3119.021 of the Revised Code if the agency determines one	83
of the following:	84

(1) A modification is necessary and in the best interest of	85
the child subject to the order;	86

(2) Pursuant to a review conducted under section 3119.771 of	87
the Revised Code, the change in the obligor's income as a result	88
of being called to emergency military service is a change of	89
circumstances substantial enough to require a modification of the	90
child support amount. The	91

(B) The agency may not grant a deviation pursuant to section	92
3119.23 of the Revised Code from the guidelines set forth in	93
section 3119.021 of the Revised Code. If the agency can set the	94
child support the obligor is to pay without granting such a	95
deviation from the guidelines, the agency shall do the following:	96

(A)(1) Give the obligor and obligee notice of the revised	97
amount of child support to be paid under the administrative child	98
support order, of their right to request an administrative hearing	99
on the revised child support amount, of the procedures and time	100
deadlines for requesting the hearing, and that the agency will	101
modify the administrative child support order to include the	102
revised child support amount unless the obligor or obligee	103
requests an administrative hearing on the revised amount no later	104
than thirty days after receipt of the notice under this division;	105

(B)(2) If neither the obligor nor obligee timely requests an	106
administrative hearing on the revised amount of child support,	107
modify the administrative child support order to include the	108
revised child support amount;	109

(C)(3) If the obligor or obligee timely requests an	110
administrative hearing on the revised amount of child support, do	111
all of the following:	112

(1)(a) Schedule a hearing on the issue;

113

(2)(b) Give the obligor and obligee notice of the date, time,	114
and location of the hearing;	115

(3)(c) Conduct the hearing in accordance with the rules	116
adopted under section 3119.76 of the Revised Code;	117

(4)(d) Redetermine at the hearing a revised amount of child	118
support to be paid under the administrative child support order;	119

(5)(e) Modify the order to include the revised amount of	120
child support;	121

(6)(f) Give notice to the obligor and obligee of the amount	122
of child support to be paid under the order and that the obligor	123
and obligee may object to the modified order by initiating an	124
action under section 2151.231 of the Revised Code in the juvenile	125
court or other court with jurisdiction under section 2101.022 or	126
2301.03 of the Revised Code of the county in which the mother, the	127
father, the child, or the guardian or custodian of the child	128
reside.	129

(C) If the agency modifies an existing administrative child	130
support order, the modification shall relate back to the first day	131
of the month following the date certain on which the review began	132
under section 3119.60 of the Revised Code.	133

(D) If the agency cannot set the amount of child support the	134
obligor will pay under the administrative child support order	135
without granting a deviation pursuant to section 3119.23 of the	136
Revised Code, the agency shall bring an action under section	137
2151.231 of the Revised Code on behalf of the person who requested	138
that the agency review the existing administrative order or, if no	139
one requested the review, on behalf of the obligee, in the	140
juvenile court or other court with jurisdiction under section	141
2101.022 or 2301.03 of the Revised Code of the county in which the	142
agency is located requesting that the court issue a child support	143
order.	144

Sec. 3119.68.  A court required to schedule and conduct a	145
hearing pursuant to section 3119.66 of the Revised Code shall do	146
both of the following if the obligor or obligee failed to provide	147
any of the items described in divisions (A)(1) to (5) and (B)(1)	148
to (5) of this section:	149

(A) Order the obligor to provide the court with all of the	150
following:	151

(1) A copy of the obligor's federal income tax return from	152
the previous year;	153

(2) A copy of all pay stubs obtained by the obligor within	154
the preceding six months;	155

(3) A copy of all other records evidencing the receipt of any	156
other salary, wages, or compensation by the obligor within the	157
preceding six months;	158

(4) A list of the group health insurance and health care	159
policies, contracts, and plans available to the obligor and their	160
costs;	161

(5) The current health insurance or health care policy,	162
contract, or plan under which the obligor is enrolled and its	163
cost;	164

(6) If the court child support order was reviewed and	165
modified pursuant to section 3119.771 of the Revised Code, a	166
notarized letter from the obligor's commanding officer specifying	167
the commencement date of the obligor's emergency military service	168
and the monetary compensation for that service.	169

(B) Order the obligee to provide the court with all of the	170
following:	171

(1) A copy of the obligee's federal income tax return from	172
the previous year;	173

(2) A copy of all pay stubs obtained by the obligee within	174
the preceding six months;	175

(3) A copy of all other records evidencing the receipt of any	176
other salary, wages, or compensation by the obligee within the	177
preceding six months;	178

(4) A list of the group health insurance and health care	179
policies, contracts, and plans available to the obligee and their	180
costs;	181

(5) The current health insurance or health care policy,	182
contract, or plan under which the obligee is enrolled and its	183
cost.	184

Sec. 3119.74.  In addition to administrative reviews	185
conducted pursuant to sections 3119.60 to 3119.63 and section	186
3119.771 of the Revised Code, a child support enforcement agency	187
may conduct administrative reviews of support orders to do the	188
following:	189

(A) Obtain voluntary notices or court orders under section	190
3121.03 of the Revised Code;	191

(B) Correct any errors in the amount of any arrearage owed by	192
an obligor.	193

The agency shall notify the obligor and obligee of the time,	194
date, and location of the administrative review at least fourteen	195
days before the hearing is held.	196

Sec. 3119.77.  (A) As used in this section and section	197
3119.771 of the Revised Code:	198

(1) "Emergency military service" means the performance of	199
active military duty by a member of the uniformed services for a	200
period of more than thirty days in a time of war or emergency.	201

(2) "Uniformed services" means the armed forces of the United	202
States or any reserve components of those forces, the Ohio	203
organized militia when engaged in full-time national guard duty,	204
and any other category of persons designated by the president in	205
time of war or emergency.	206

(B) An obligor who is called to emergency military service in	207
the uniformed services may request a review of a child support	208
order for the purpose of modification of the amount of support	209
required under the order. The request must be submitted to one of	210
the following:	211

(1) If the order is a court child support order, the court	212
that issued the order or the child support enforcement agency	213
administering the order;	214

(2) If the order is an administrative child support order,	215
the child support enforcement agency administering the order.	216

Sec. 3119.771.  (A) A child support enforcement agency that	217
receives a request for review and modification of a child support	218
order pursuant to section 3119.77 of the Revised Code shall	219
complete an administrative review in accordance with sections	220
3119.60 to 3119.63 of the Revised Code. The change in the	221
obligor's income as a result of being called to emergency military	222
service shall be considered by the agency as a change of	223
circumstances substantial enough to require a modification of the	224
child support amount.	225

(B) A court that receives a request for review and	226
modification of a child support order pursuant to section 3119.77	227
of the Revised Code shall review the order in accordance with	228
section 3119.79 of the Revised Code.	229

Sec. 3119.79.  (A)(1) If an obligor or obligee under a child	230
support order requests that the court modify the amount of support	231
required to be paid pursuant to the child support order, the court	232
shall recalculate the amount of support that would be required to	233
be paid under the child support order in accordance with the	234
schedule and the applicable worksheet through the line	235
establishing the actual annual obligation. IfExcept as provided	236
in division (A)(2) of this section, if that amount as recalculated	237
is more than ten per cent greater than or more than ten per cent	238
less than the amount of child support required to be paid pursuant	239
to the existing child support order, the deviation from the	240
recalculated amount that would be required to be paid under the	241
schedule and the applicable worksheet shall be considered by the	242
court as a change of circumstance substantial enough to require a	243
modification of the child support amount.	244

(2) If an obligor requests that the court modify the amount	245
of support required to be paid under a child support order	246
pursuant to a request under section 3119.77 of the Revised Code,	247
the court shall recalculate the amount of support that would be	248
required to be paid under the order in accordance with the	249
schedule and the applicable worksheet through the line	250
establishing the actual annual obligation. The change in the	251
obligor's income as a result of being called to emergency military	252
service shall be considered by the court as a change of	253
circumstance substantial enough to require a modification of the	254
child support amount.	255

(B) In determining the recalculated support amount that would	256
be required to be paid under the child support order for purposes	257
of determining whether that recalculated amount is more than ten	258
per cent greater than or more than ten per cent less than the	259
amount of child support required to be paid pursuant to the	260
existing child support orderpursuant to division (A)(1) or (2) of	261
this section, the court shall consider, in addition to all other	262
factors required by law to be considered, the cost of health	263
insurance the obligor, the obligee, or both the obligor and the	264
obligee have been ordered to obtain for the children specified in	265
the order. Additionally, if an obligor or obligee under a child	266
support order requests that the court modify the support amount	267
required to be paid pursuant to the child support order and if the	268
court determines that the amount of support does not adequately	269
meet the medical needs of the child, the inadequate coverage shall	270
be considered by the court as a change of circumstance that is	271
substantial enough to require a modification of the amount of the	272
child support order.	273

(C) If the court determines that the amount of child support	274
required to be paid under the child support order should be	275
changed due to a substantial change of circumstances that was not	276
contemplated at the time of the issuance of the original child	277
support order or the last modification of the child support order,	278
the court shall modify the amount of child support required to be	279
paid under the child support order to comply with the schedule and	280
the applicable worksheet through the line establishing the actual	281
annual obligation, unless the court determines that the amount	282
calculated pursuant to the basic child support schedule and	283
pursuant to the applicable worksheet would be unjust or	284
inappropriate and would not be in the best interest of the child	285
and enters in the journal the figure, determination, and findings	286
specified in section 3119.22 of the Revised Code.	287

Section 2. That existing sections 3119.60, 3119.61, 3119.68,	288
3119.74, and 3119.79 of the Revised Code are hereby repealed.	289