As Introduced

126th General Assembly
Regular Session
2005-2006
H. B. No. 136


Representatives Gilb, Hood, McGregor, Allen, Harwood 



A BILL
To amend sections 3111.07 and 3123.171 and to repeal 1
section 3111.381 of the Revised Code relative to 2
paternity actions and interest on child support 3
arrearages.4


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

       Section 1. That sections 3111.07 and 3123.171 be amended to 5
read as follows:6

       Sec. 3111.07.  (A) The natural mother, each man presumed to 7
be the father under section 3111.03 of the Revised Code, and each8
man alleged to be the natural father, and, if the party who9
initiates the action is a recipient of public assistance as10
defined in section 3111.04 of the Revised Code or if the11
responsibility for the collection of support for the child who is12
the subject of the action has been assumed by the child support13
enforcement agency under Title IV-D of the "Social Security Act,"14
88 Stat. 2351 (1975), 42 U.S.C.A. 651, as amended, the child15
support enforcement agency of the county in which the child16
resides shall be made parties to the action brought pursuant to17
sections 3111.01 to 3111.18 of the Revised Code or, if not subject 18
to the jurisdiction of the court, shall be given notice of the 19
action pursuant to the Rules of Civil Procedure and shall be given 20
an opportunity to be heard. The child support enforcement agency 21
of the county in which the action is brought also shall be given 22
notice of the action pursuant to the Rules of Civil Procedure and 23
shall be given an opportunity to be heard. The court may align the24
parties. The child shall be made a party to the action unless a25
party shows good cause for not doing so. Separate counsel shall be 26
appointed for the child if the court finds that the child's27
interests conflict with those of the mother.28

       If the person bringing the action knows that a particular man 29
is not or, based upon the facts and circumstances present, could 30
not be the natural father of the child, the person bringing the 31
action shall not allege in the action that the man is the natural 32
father of the child and shall not make the man a party to the 33
action.34

       (B) If an action is brought pursuant to sections 3111.01 to 35
3111.18 of the Revised Code and the child to whom the action36
pertains is or was being provided support by the department of job 37
and family services, a county department of job and family 38
services, or another public agency, the department, county 39
department, or agency may intervene for purposes of collecting or 40
recovering the support.41

       Sec. 3123.171. Notwithstanding section 1343.03 of the42
Revised Code, interest may be charged on the amount of support43
arrearages owed pursuant to a default under a child support order44
only as provided byWhen a court renders a judgment on a child 45
support arrearage, interest shall accrue on that arrearage at a 46
rate specified in section 1343.03 of the Revised Code. The 47
interest shall accrue from the date the judgment is rendered to 48
the date on which the money is paid. A court may assess interest 49
on a child support arrearage prior to judgment pursuant to section 50
3123.17 of the Revised Code.51

       Section 2. That existing sections 3111.07 and 3123.171 and 52
section 3111.381 of the Revised Code are hereby repealed.53