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 |
(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 |
(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 |
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 |
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 byWhen 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 |