SENATOR Stivers

To amend sections 3119.60, 3119.61, 3119.71, and

1

3119.74 and to enact sections 3119.77, 3119.771,

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3119.772, and 3119.773 of the Revised Code to

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provide for review of a child support order at the

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request of a member of the uniformed services

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called to active military service.

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

Section 1. That sections 3119.60, 3119.61, 3119.71, and	7
3119.74 be amended and sections 3119.77, 3119.771, 3119.772, and	8
3119.773 of the 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 or otherwise plans	13
to review a child support order, it shall do all of the following	14
prior to formally beginning the review:	15

(A) Establish a date certain on which the review will	16
formally begin;	17

(B) AtExcept as otherwise provided in section 3119.771 of	18
the Revised Code, at least forty-five days before formally	19
beginning the review, send the obligor and the obligee notice of	20
the planned review and of the date when the review will formally	21
begin;	22

(C)(1) Request the obligor to provide the agency, no later	23
than the scheduled date for formally beginning the review, with	24
all of the following:	25

(a) A copy of the obligor's federal income tax return from	26
the previous year;	27

(b) A copy of all pay stubs obtained by the obligor within	28
the preceding six months;	29

(c) A copy of all other records evidencing the receipt of any	30
other salary, wages, or compensation by the obligor within the	31
preceding six months;	32

(d) A list of the group health insurance and health care	33
policies, contracts, and plans available to the obligor and their	34
costs;	35

(e) The current health insurance or health care policy,	36
contract, or plan under which the obligor is enrolled and its	37
cost;	38

(f) If the obligor is a member of the uniformed services and	39
is on active military duty, a copy of the obligor's Internal	40
Revenue Service form W-2, "Wage and Tax Statement," and a copy of	41
a statement detailing the obligor's earnings and leave with the	42
uniformed services;	43

(g) Any other information necessary to properly review the	44
child support order.	45

(2) Request the obligee to provide the agency, no later than	46
the scheduled date for formally beginning the review, with all of	47
the following:	48

(a) A copy of the obligee's federal income tax return from	49
the previous year;	50

(b) A copy of all pay stubs obtained by the obligee within	51
the preceding six months;	52

(c) A copy of all other records evidencing the receipt of any	53
other salary, wages, or compensation by the obligee within the	54
preceding six months;	55

(d) A list of the group health insurance and health care	56
policies, contracts, and plans, including the tricare program	57
offered by the United States department of defense, available to	58
the obligee and their costs;	59

(e) The current health insurance or health care policy,	60
contract, or plan under which the obligee is enrolled and its	61
cost;	62

(f) Any other information necessary to properly review the	63
child support order.	64

(D) Include in the notice sent pursuant to division (B) of	65
this section, one of the following:	66

(1) If the child support order being reviewed is a court	67
child support order, a notice that a willful failure to provide	68
the documents and other information requested pursuant to division	69
(C) of this section is contempt of court;	70

(2) If the child support order being reviewed is an	71
administrative child support order, a notice that if either the	72
obligor or obligee fails to comply with the request for	73
information, the agency may bring an action under section 3119.72	74
of the Revised Code requesting that the court find the obligor and	75
the obligee in contempt pursuant to section 2705.02 of the Revised	76
Code.	77

Sec. 3119.61.  The child support enforcement agency shall	78
review an administrative child support order on the date	79
established pursuant to section 3119.60 of the Revised Code for	80
formally beginning the review of the order. If the agency	81
determines that a modification is necessary and in the best	82
interest of the child subject to the order, the agency shall	83
calculate the amount the obligor shall pay in accordance with	84
section 3119.021 of the Revised Code. The agency may not grant a	85
deviation pursuant to section 3119.23 of the Revised Code from the	86
guidelines set forth in section 3119.021 of the Revised Code. If	87
the agency can set the child support the obligor is to pay without	88
granting such a deviation from the guidelines, the agency shall do	89
the following:	90

(A) Give the obligor and obligee notice of the revised amount	91
of child support to be paid under the administrative child support	92
order, of their right to request an administrative hearing on the	93
revised child support amount, of the procedures and time deadlines	94
for requesting the hearing, and that the agency will modify the	95
administrative child support order to include the revised child	96
support amount unless the obligor or obligee requests an	97
administrative hearing on the revised amount no later than thirty	98
days after receipt of the notice under this division;	99

(B) If neither the obligor nor obligee timely requests an	100
administrative hearing on the revised amount of child support,	101
modify the administrative child support order to include the	102
revised child support amount;	103

(C) If the obligor or obligee timely requests an	104
administrative hearing on the revised amount of child support, do	105
all of the following:	106

(1) Schedule a hearing on the issue;

107

(2) Give the obligor and obligee notice of the date, time,	108
and location of the hearing;	109

(3) Conduct the hearing in accordance with the rules adopted	110
under section 3119.76 of the Revised Code;	111

(4) Redetermine at the hearing a revised amount of child	112
support to be paid under the administrative child support order;	113

(5) Modify the order to include the revised amount of child	114
support;	115

(6) Give notice to the obligor and obligee of the amount of	116
child support to be paid under the order and that the obligor and	117
obligee may object to the modified order by initiating an action	118
under section 2151.231 of the Revised Code in the juvenile court	119
or other court with jurisdiction under section 2101.022 or 2301.03	120
of the Revised Code of the county in which the mother, the father,	121
the child, or the guardian or custodian of the child reside.	122

IfExcept as otherwise provided in section 3119.772 of the	123
Revised Code, if the agency modifies an existing administrative	124
child support order, the modification shall relate back to the	125
first day of the month following the date certain on which the	126
review began under section 3119.60 of the Revised Code.	127

If the agency cannot set the amount of child support the	128
obligor will pay under the administrative child support order	129
without granting a deviation pursuant to section 3119.23 of the	130
Revised Code, the agency shall bring an action under section	131
2151.231 of the Revised Code on behalf of the person who requested	132
that the agency review the existing administrative order or, if no	133
one requested the review, on behalf of the obligee, in the	134
juvenile court or other court with jurisdiction under section	135
2101.022 or 2301.03 of the Revised Code of the county in which the	136
agency is located requesting that the court issue a child support	137
order.	138

Sec. 3119.71. IfExcept as otherwise provided in section	139
3119.772 of the Revised Code:	140

(A) If the obligor or obligee does not request a court	141
hearing on the revised child support amount determined by the	142
child support enforcement agency and filed with the court pursuant	143
to section 3119.63 of the Revised Code and the court modifies the	144
order to include the revised amount pursuant to section 3119.65 of	145
the Revised Code, the modification shall relate back to the first	146
day of the month following the date certain on which the review of	147
the court child support order began pursuant to division (A) of	148
section 3119.60 of the Revised Code. If	149

(B) If the obligor or obligee requests a court hearing on the	150
revised child support amount and the court, after conducting a	151
hearing, modifies the court child support amount under the order,	152
the modification shall relate back to the first day of the month	153
following the date on which the review of the court child support	154
order began pursuant to division (A) of section 3119.60 of the	155
Revised Code.	156

Sec. 3119.74.  In addition to administrative reviews	157
conducted pursuant to sections 3119.60 to 3119.63 and section	158
3119.771 of the Revised Code, a child support enforcement agency	159
may conduct administrative reviews of support orders to do the	160
following:	161

(A) Obtain voluntary notices or court orders under section	162
3121.03 of the Revised Code;	163

(B) Correct any errors in the amount of any arrearage owed by	164
an obligor.	165

The agency shall notify the obligor and obligee of the time,	166
date, and location of the administrative review at least fourteen	167
days before the hearing is held.	168

Sec. 3119.77.  (A) As used in this section and sections	169
3119.771, 3119.772, and 3119.773 of the Revised Code:	170

(1) "Active military service" means the performance of active	171
military duty by a member of the uniformed services for a period	172
of more than thirty days.	173

(2) "Uniformed services" means any reserve components of the	174
armed forces of the United States or the Ohio organized militia	175
when engaged in full-time national guard duty for a period of more	176
than thirty days.	177

(B) An obligor who is called to active military service in	178
the uniformed services may request a review of a child support	179
order for the purpose of modification of the amount of support	180
required under the order. The request must be submitted to the	181
child support enforcement agency administering the order.	182

(C) An obligor who makes a request under division (B) of this	183
section must indicate that the reason for the modification is the	184
obligor's active military service and provide with the request any	185
orders or other appropriate documentation specifying the	186
commencement date of the obligor's active military service and the	187
monthly monetary compensation for that service. The obligor also	188
shall submit documentation on all other outside income.	189

(D) The obligor may provide the child support enforcement	190
agency with a military power of attorney executed pursuant to 10	191
U.S.C. 10446 designating another individual to act in the	192
administrative review and modification on behalf of the obligor.	193
By designating another individual to so act on behalf of the	194
obligor, the obligor waives any right of an appearance and any	195
right to request a stay of the action or proceeding.	196

Sec. 3119.771. (A) A child support enforcement agency that	197
receives a request for review and modification of a child support	198
order pursuant to section 3119.77 of the Revised Code shall send	199
to the obligor and obligee, not later than three business days	200
after receipt of the request, notice of the review and of the date	201
it will begin. The child support enforcement agency shall complete	202
an administrative review in accordance with sections 3119.60 to	203
3119.63 of the Revised Code. The agency shall consider the	204
obligor's call to active military service as a change of	205
circumstances substantial enough to require a review of the child	206
support amount.	207

(B) On receipt of a military power of attorney from an	208
obligor designating another individual to act for the obligor, the	209
child support enforcement agency shall allow the individual to act	210
on the obligor's behalf during the agency's review of the order	211
and shall provide the other individual with any notices required	212
to be given under sections 3119.60 to 3119.63 of the Revised Code,	213
including the notice sent pursuant to division (A) of this	214
section. If, with respect to the review of a court child support	215
order under section 3119.63 of the Revised Code, the obligor or	216
obligee requests a court hearing, the court shall provide the	217
individual acting on behalf of the obligor with any notices	218
required to be given under sections 3119.67 to 3119.69 of the	219
Revised Code. The individual acting on behalf of the obligor may	220
not assert any right to a stay under the Soldiers' and Sailors'	221
Civil Relief Act of 1940, 50 App. U.S.C. 501.	222

(C) If, after the obligor provides written notice of the date	223
of termination of the obligor's active military service pursuant	224
to section 3119.773 of the Revised Code, the obligor provides the	225
child support enforcement agency with written documentation	226
sufficient to establish that the obligor's employer has violated	227
the Uniformed Services Employment and Reemployment Rights Act, 38	228
U.S.C. 4301 to 4333, with regards to the obligor, the child	229
support enforcement agency shall consider this change of	230
circumstance substantial enough to require a review of the	231
obligor's amount of support to be paid under the child support	232
order.	233

Sec. 3119.772. If a child support enforcement agency modifies	234
an administrative child support order, or a court modifies a court	235
child support order, based on an administrative review conducted	236
pursuant to section 3119.771 of the Revised Code, the modification	237
shall relate back to the later of the date the child support	238
enforcement agency sent notice of the review pursuant to division	239
(A) of section 3119.771 of the Revised Code or the first day of	240
the month in which the obligor's active military service begins.	241
The agency or court shall include a provision in the modified	242
order stating that, except as otherwise provided in division (C)	243
of section 3119.771 of the Revised Code, the modification will	244
terminate and the prior amount of support be reinstated as of the	245
first day of the month following the date that the obligor's	246
active military service ends.	247

Sec. 3119.773. If the amount to be paid under a child support	248
order is modified pursuant to an administrative review conducted	249
pursuant to section 3119.771 of the Revised Code, the obligor	250
shall provide written notice of the date of termination of the	251
obligor's active military service to the child support enforcement	252
agency administering the order not later than the last day of the	253
month in which the service ends.	254

Section 2. That existing sections 3119.60, 3119.61, 3119.71,	255
and 3119.74 of the Revised Code are hereby repealed.	256

Section 3.  The General Assembly hereby requests the Supreme	257
Court of Ohio to adopt a rule to provide that child support	258
hearings for an obligor or obligee who is a member of the Ohio	259
organized militia be expedited when the court receives notice that	260
the obligor or obligee has requested a child support hearing.	261