Sub. H. B. No. 136 As Reported by the House Juvenile and Family Law Committee

Representatives Gilb, Hood, McGregor, Allen, Harwood

A BILL

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

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

       Section 1. That sections 3111.07, 3111.381, and 3123.171 of 4
the Revised Code be amended to read as follows: 5

       Sec. 3111.07. (A) The natural mother, each man presumed to 6
be the father under section 3111.03 of the Revised Code, and each 7
man alleged to be the natural father~~, and, if the party who~~ 8
~~initiates the action is a recipient of public assistance as~~ 9
~~defined in section 3111.04 of the Revised Code or if the~~ 10
~~responsibility for the collection of support for the child who is~~ 11
~~the subject of the action has been assumed by the child support~~ 12
~~enforcement agency under Title IV-D of the "Social Security Act,"~~ 13
~~88 Stat. 2351 (1975), 42 U.S.C.A. 651, as amended, the child~~ 14
~~support enforcement agency of the county in which the child~~ 15
~~resides~~ shall be made parties to the action brought pursuant to 16
sections 3111.01 to 3111.18 of the Revised Code or, if not subject 17
to the jurisdiction of the court, shall be given notice of the 18
action pursuant to the Rules of Civil Procedure and shall be given 19
an opportunity to be heard. The child support enforcement agency 20
of the county in which the action is brought also shall be given 21
notice of the action pursuant to the Rules of Civil Procedure and 22
shall be given an opportunity to be heard. The court may align the 23
parties. The child shall be made a party to the action unless a 24
party shows good cause for not doing so. Separate counsel shall be 25
appointed for the child if the court finds that the child's 26
interests conflict with those of the mother. 27

       If the person bringing the action knows that a particular man 28
is not or, based upon the facts and circumstances present, could 29
not be the natural father of the child, the person bringing the 30
action shall not allege in the action that the man is the natural 31
father of the child and shall not make the man a party to the 32
action. 33

       (B) If an action is brought pursuant to sections 3111.01 to 34
3111.18 of the Revised Code and the child to whom the action 35
pertains is or was being provided support by the department of job 36
and family services, a county department of job and family 37
services, or another public agency, the department, county 38
department, or agency may intervene for purposes of collecting or 39
recovering the support. 40

       Sec. 3111.381. (A) Except as provided in ~~division~~divisions 41
(B), (C), (D), and (E) of this section, no person may bring an 42
action under sections 3111.01 to 3111.18 of the Revised Code 43
unless the person has requested an administrative determination 44
under section 3111.38 of the Revised Code of the existence or 45
nonexistence of a parent and child relationship. 46

       (B) An action to determine the existence or nonexistence of a 47
parent and child relationship may be brought in the appropriate 48
division of the court of common pleas by the child's mother, 49
without requesting an administrative determination, if the child's 50
mother requests an order to determine the allocation of parental 51
rights and responsibilities, the payment of all or any part of the 52
reasonable expenses of the mother's pregnancy and confinement, or 53
support of the child. The clerk of the court shall forward a copy 54
of the complaint to the child support enforcement agency of the 55
county in which the complaint is filed. 56

       (C) An action to determine the existence or nonexistence of a 57
parent and child relationship may be brought in the appropriate 58
division of the court of common pleas by the putative father of 59
the child, without requesting an administrative determination, if 60
the putative father requests an order to determine the allocation 61
of parental rights and responsibilities. The clerk of the court 62
shall forward a copy of the complaint to the child support 63
enforcement agency of the county in which the complaint is filed. 64

       (D) If services are requested by the court, under divisions 65
(B) and (C) of this section, of the child support enforcement 66
agency to determine the existence or nonexistence of a parent and 67
child relationship, a Title IV-D application must be completed and 68
delivered to the child support enforcement agency. 69

       (E) If the alleged father of a child is deceased and 70
proceedings for the probate of the estate of the alleged father 71
have been or can be commenced, the court with jurisdiction over 72
the probate proceedings shall retain jurisdiction to determine the 73
existence or nonexistence of a parent and child relationship 74
between the alleged father and any child without an administrative 75
determination being requested from a child support enforcement 76
agency. 77

       If an action for divorce, dissolution of marriage, or legal 78
separation, or an action under section 2151.231 or 2151.232 of the 79
Revised Code requesting an order requiring the payment of child 80
support and provision for the health care of a child, has been 81
filed in a court of common pleas and a question as to the 82
existence or nonexistence of a parent and child relationship 83
arises, the court in which the original action was filed shall 84
retain jurisdiction to determine the existence or nonexistence of 85
the parent and child relationship without an administrative 86
determination being requested from a child support enforcement 87
agency. 88

       If a juvenile court or other court with jurisdiction under 89
section 2101.022 or 2301.03 of the Revised Code issues a support 90
order under section 2151.231 or 2151.232 of the Revised Code 91
relying on a presumption under section 3111.03 of the Revised 92
Code, the juvenile court or other court with jurisdiction that 93
issued the support order shall retain jurisdiction if a question 94
as to the existence of a parent and child relationship arises. 95

       Sec. 3123.171. ~~Notwithstanding section 1343.03 of the~~ 96
~~Revised Code, interest may be charged on the amount of support~~ 97
~~arrearages owed pursuant to a default under a child support order~~ 98
~~only as provided by~~When a court renders a money judgment for 99
child support, pursuant to a motion for a lump sum judgment filed 100
by an obligee, interest shall accrue on that arrearage unless the 101
court finds that it would be inequitable to assess interest. The 102
interest shall accrue from the date the judgment is rendered to a 103
date certain set for payment of the judgment at a rate specified 104
in section 1343.03 of the Revised Code at the time the judgment is 105
rendered. A court may assess interest on a child support arrearage 106
prior to judgment pursuant to section 3123.17 of the Revised Code. 107
The court shall enter the amount due, including interest, in the 108
journal. If interest is not assessed, the court shall enter the 109
reasons for not assessing interest in the journal. 110

       Section 2. That existing sections 3111.07, 3111.381, and 111
3123.171 of the Revised Code are hereby repealed. 112

Section 1. That sections 3111.07, 3111.381, and 3123.171 of	4
the Revised Code be amended to read as follows:	5

Sec. 3111.07. (A) The natural mother, each man presumed to	6
be the father under section 3111.03 of the Revised Code, and each	7
man alleged to be the natural father~~, and, if the party who~~	8
~~initiates the action is a recipient of public assistance as~~	9
~~defined in section 3111.04 of the Revised Code or if the~~	10
~~responsibility for the collection of support for the child who is~~	11
~~the subject of the action has been assumed by the child support~~	12
~~enforcement agency under Title IV-D of the "Social Security Act,"~~	13
~~88 Stat. 2351 (1975), 42 U.S.C.A. 651, as amended, the child~~	14
~~support enforcement agency of the county in which the child~~	15
~~resides~~ shall be made parties to the action brought pursuant to	16
sections 3111.01 to 3111.18 of the Revised Code or, if not subject	17
to the jurisdiction of the court, shall be given notice of the	18
action pursuant to the Rules of Civil Procedure and shall be given	19
an opportunity to be heard. The child support enforcement agency	20
of the county in which the action is brought also shall be given	21
notice of the action pursuant to the Rules of Civil Procedure and	22
shall be given an opportunity to be heard. The court may align the	23
parties. The child shall be made a party to the action unless a	24
party shows good cause for not doing so. Separate counsel shall be	25
appointed for the child if the court finds that the child's	26
interests conflict with those of the mother.	27

If the person bringing the action knows that a particular man	28
is not or, based upon the facts and circumstances present, could	29
not be the natural father of the child, the person bringing the	30
action shall not allege in the action that the man is the natural	31
father of the child and shall not make the man a party to the	32
action.	33

(B) If an action is brought pursuant to sections 3111.01 to	34
3111.18 of the Revised Code and the child to whom the action	35
pertains is or was being provided support by the department of job	36
and family services, a county department of job and family	37
services, or another public agency, the department, county	38
department, or agency may intervene for purposes of collecting or	39
recovering the support.	40

Sec. 3111.381. (A) Except as provided in ~~division~~divisions	41
(B), (C), (D), and (E) of this section, no person may bring an	42
action under sections 3111.01 to 3111.18 of the Revised Code	43
unless the person has requested an administrative determination	44
under section 3111.38 of the Revised Code of the existence or	45
nonexistence of a parent and child relationship.	46

(B) An action to determine the existence or nonexistence of a	47
parent and child relationship may be brought in the appropriate	48
division of the court of common pleas by the child's mother,	49
without requesting an administrative determination, if the child's	50
mother requests an order to determine the allocation of parental	51
rights and responsibilities, the payment of all or any part of the	52
reasonable expenses of the mother's pregnancy and confinement, or	53
support of the child. The clerk of the court shall forward a copy	54
of the complaint to the child support enforcement agency of the	55
county in which the complaint is filed.	56

(C) An action to determine the existence or nonexistence of a	57
parent and child relationship may be brought in the appropriate	58
division of the court of common pleas by the putative father of	59
the child, without requesting an administrative determination, if	60
the putative father requests an order to determine the allocation	61
of parental rights and responsibilities. The clerk of the court	62
shall forward a copy of the complaint to the child support	63
enforcement agency of the county in which the complaint is filed.	64

(D) If services are requested by the court, under divisions	65
(B) and (C) of this section, of the child support enforcement	66
agency to determine the existence or nonexistence of a parent and	67
child relationship, a Title IV-D application must be completed and	68
delivered to the child support enforcement agency.	69

(E) If the alleged father of a child is deceased and	70
proceedings for the probate of the estate of the alleged father	71
have been or can be commenced, the court with jurisdiction over	72
the probate proceedings shall retain jurisdiction to determine the	73
existence or nonexistence of a parent and child relationship	74
between the alleged father and any child without an administrative	75
determination being requested from a child support enforcement	76
agency.	77

If an action for divorce, dissolution of marriage, or legal	78
separation, or an action under section 2151.231 or 2151.232 of the	79
Revised Code requesting an order requiring the payment of child	80
support and provision for the health care of a child, has been	81
filed in a court of common pleas and a question as to the	82
existence or nonexistence of a parent and child relationship	83
arises, the court in which the original action was filed shall	84
retain jurisdiction to determine the existence or nonexistence of	85
the parent and child relationship without an administrative	86
determination being requested from a child support enforcement	87
agency.	88

If a juvenile court or other court with jurisdiction under	89
section 2101.022 or 2301.03 of the Revised Code issues a support	90
order under section 2151.231 or 2151.232 of the Revised Code	91
relying on a presumption under section 3111.03 of the Revised	92
Code, the juvenile court or other court with jurisdiction that	93
issued the support order shall retain jurisdiction if a question	94
as to the existence of a parent and child relationship arises.	95

Sec. 3123.171. ~~Notwithstanding section 1343.03 of the~~	96
~~Revised Code, interest may be charged on the amount of support~~	97
~~arrearages owed pursuant to a default under a child support order~~	98
~~only as provided by~~When a court renders a money judgment for	99
child support, pursuant to a motion for a lump sum judgment filed	100
by an obligee, interest shall accrue on that arrearage unless the	101
court finds that it would be inequitable to assess interest. The	102
interest shall accrue from the date the judgment is rendered to a	103
date certain set for payment of the judgment at a rate specified	104
in section 1343.03 of the Revised Code at the time the judgment is	105
rendered. A court may assess interest on a child support arrearage	106
prior to judgment pursuant to section 3123.17 of the Revised Code.	107
The court shall enter the amount due, including interest, in the	108
journal. If interest is not assessed, the court shall enter the	109
reasons for not assessing interest in the journal.	110

Section 2. That existing sections 3111.07, 3111.381, and	111
3123.171 of the Revised Code are hereby repealed.	112