As Introduced

129th General Assembly Regular Session 2011-2012

H. B. No. 348

Representative Pelanda 

Cosponsors: Representatives Blessing, Grossman, Murray, Gonzales, Henne, Blair, Pillich 

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A BILL

To amend sections 1349.01, 2119.03, 2151.23,

1

2303.201, 2329.66, 2701.03, 2743.66, 2919.231,

2

2950.15, 3105.171, 3105.63, 3105.65, 3105.73,

3

3105.89, 3109.06, 3111.69, 3119.01, 3119.022,

4

3119.023, 3119.05, 3121.441, 3125.05, and 5107.20,

5

to enact new section 3105.18 and sections

6

3105.172, 3105.181, 3105.182, and 3105.183, and to

7

repeal section 3105.18 of the Revised Code to

8

change the definition of the duration of marriage

9

for the purposes of division of marital property,

10

to replace spousal support awards with

11

compensatory spousal support awards, and to create

12

presumptions for circumstances under which a

13

compensatory spousal support award should be made

14

and standards for the length and duration of

15

compensatory spousal support awards.

16

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

Section 1. That sections 1349.01, 2119.03, 2151.23, 2303.201,	17
2329.66, 2701.03, 2743.66, 2919.231, 2950.15, 3105.171, 3105.63,	18
3105.65, 3105.73, 3105.89, 3109.06, 3111.69, 3119.01, 3119.022,	19
3119.023, 3119.05, 3121.441, 3125.05, and 5107.20 be amended and	20
new section 3105.18 and sections 3105.172, 3105.181, 3105.182, and	21
3105.183 of the Revised Code be enacted to read as follows:	22

Sec. 1349.01.  (A) As used in this section:

23

(1) "Consumer reporting agency" has the same meaning as in	24
the "Fair Credit Reporting Act," 84 Stat. 1128, 15 U.S.C.A. 1681a.	25

(2) "Court" means the division of the court of common pleas	26
having jurisdiction over actions for divorce, annulment,	27
dissolution of marriage, legal separation, child support, or	28
compensatory spousal support.	29

(3) "Health insurance coverage" means hospital, surgical, or	30
medical expense coverage provided under any health insurance or	31
health care policy, contract, or plan or any other health benefits	32
arrangement.	33

(4) "Provider" has the same meaning as in section 3902.11 of	34
the Revised Code.	35

(B) If, pursuant to an action for divorce, annulment,	36
dissolution of marriage, or legal separation, the court determines	37
that a party who is a resident of this state is responsible for	38
obtaining health insurance coverage for the party's former spouse	39
or children or if, pursuant to a child support order issued in	40
accordance with sections 3119.29 to 3119.56 of the Revised Code,	41
the court requires a party who is a resident of this state to	42
obtain health insurance coverage for the children who are the	43
subject of the child support order, and the party fails to obtain	44
such coverage, no provider or collection agency shall collect or	45
attempt to collect from the former spouse, children, or person	46
responsible for the children, any reimbursement of any hospital,	47
surgical, or medical expenses incurred by the provider for	48
services rendered to the former spouse or children, which expenses	49
would have been covered but for the failure of the party to obtain	50
the coverage, if the former spouse, any of the children, or a	51
person responsible for the children, provides the following to the	52
provider or collection agency:	53

(1) A copy of the court order requiring the party to obtain	54
health insurance coverage for the former spouse or children.	55

(2) Reasonable assistance in locating the party and obtaining	56
information about the party's health insurance coverage.	57

(C) If the requirements of divisions (B)(1) and (2) of this	58
section are not met, the provider or collection agency may collect	59
the hospital, surgical, or medical expenses both from the former	60
spouse or person responsible for the children and from the party	61
who failed to obtain the coverage. If the requirements of	62
divisions (B)(1) and (2) are met, the provider or collection	63
agency may collect or attempt to collect the expenses only from	64
the party.	65

A party required to obtain health insurance coverage for a	66
former spouse or children who fails to obtain the coverage is	67
liable to the provider for the hospital, surgical, or medical	68
expenses incurred by the provider as a result of the failure to	69
obtain the coverage. This section does not prohibit a former	70
spouse or person responsible for the children from initiating an	71
action to enforce the order requiring the party to obtain health	72
insurance for the former spouse or children or to collect any	73
amounts the former spouse or person responsible for the children	74
pays for hospital, surgical, or medical expenses for which the	75
party is responsible under the order requiring the party to obtain	76
health insurance for the former spouse or children.	77

(D)(1) If the requirements of divisions (B)(1) and (2) of	78
this section are met, both of the following restrictions shall	79
apply:	80

(a) No collection agency or provider of hospital, surgical,	81
or medical services may report to a consumer reporting agency, for	82
inclusion in the credit file or credit report of the former spouse	83
or person responsible for the children, any information relative	84
to the nonpayment of expenses for the services incurred by the	85
provider, if the nonpayment is the result of the failure of the	86
party responsible for obtaining health insurance coverage to	87
obtain health insurance coverage.	88

(b) No consumer reporting agency shall include in the credit	89
file or credit report of the former spouse or person responsible	90
for the children, any information relative to the nonpayment of	91
any hospital, surgical, or medical expenses incurred by a provider	92
as a result of the party's failure to obtain the coverage.	93

(2) If the requirements of divisions (B)(1) and (2) of this	94
section are not met, both of the following provisions shall apply:	95

(a) A provider of hospital, surgical, or medical services, or	96
a collection agency, may report to a consumer reporting agency,	97
for inclusion in the credit file or credit report of the former	98
spouse or person responsible for the children, any information	99
relative to the nonpayment of expenses for the services incurred	100
by the provider, if the nonpayment is the result of the failure of	101
the party responsible for obtaining health insurance coverage to	102
obtain such coverage.	103

(b) A consumer reporting agency may include in the credit	104
file or credit report of the former spouse or person responsible	105
for the children, any information relative to the nonpayment of	106
any hospital, surgical, or medical expenses incurred by the	107
provider, if the nonpayment is the result of the failure of the	108
party responsible for obtaining health insurance coverage to	109
obtain such coverage.	110

(3)(a) A provider of hospital, surgical, or medical services,	111
or a collection agency, may report to a consumer reporting agency,	112
for inclusion in the credit file or credit report of that party,	113
any information relative to the nonpayment of expenses for the	114
services incurred by the provider, if the nonpayment is the result	115
of the failure of the party responsible for obtaining health	116
insurance coverage to obtain such coverage.	117

(b) A consumer reporting agency may include in the credit	118
file or credit report of the party responsible for obtaining	119
health insurance coverage, any information relative to the	120
nonpayment of any hospital, surgical, or medical expenses incurred	121
by a provider, if the nonpayment is the result of the failure of	122
that party to obtain health insurance coverage.	123

(4) If any information described in division (D)(2) of this	124
section is placed in the credit file or credit report of the	125
former spouse or person responsible for the children, the consumer	126
reporting agency shall remove the information from the credit file	127
and credit report if the former spouse or person responsible for	128
the children provides the agency with the information required in	129
divisions (B)(1) and (2) of this section. If the agency fails to	130
remove the information from the credit file or credit report	131
pursuant to the terms of the "Fair Credit Reporting Act," 84 Stat.	132
1128, 15 U.S.C. 1681a, within a reasonable time after receiving	133
the information required by divisions (B)(1) and (2) of this	134
section, the former spouse may initiate an action to require the	135
agency to remove the information.	136

If any information described in division (D)(3) of this	137
section is placed in the party's credit file or credit report, the	138
party has the burden of proving that the party is not responsible	139
for obtaining the health insurance coverage or, if responsible,	140
that the expenses incurred are not covered expenses. If the party	141
meets that burden, the agency shall remove the information from	142
the party's credit file and credit report immediately. If the	143
agency fails to remove the information from the credit file or	144
credit report immediately after the party meets the burden, the	145
party may initiate an action to require the agency to remove the	146
information.	147

Sec. 2119.03.  The trustee appointed under section 2119.01 of	148
the Revised Code may proceed without order of the probate court:	149

(A) To take possession of the property of the absentee	150
wherever situated within the state;	151

(B) To collect all debts due to the absentee;

152

(C) To retain and invest the estate in accordance with	153
Chapters 2113. to 2125. of the Revised Code.	154

The trustee may pay such part or all of the income or	155
principal of the estate as the court, from time to time, may	156
direct for the maintenance and support of the absentee's	157
dependents and, under the order of the court, may bring and defend	158
suits on behalf of the absentee, compromise claims in favor of and	159
against the absentee, and pay such debts of the absentee as the	160
court finds necessary for the protection of histhe absentee's	161
dependents, including insurance premiums, orders for an award of	162
compensatory spousal support, and other obligations. The court may	163
make such other orders as it deems proper for the care and custody	164
of the property and its proceeds.	165

Sec. 2151.23.  (A) The juvenile court has exclusive original	166
jurisdiction under the Revised Code as follows:	167

(1) Concerning any child who on or about the date specified	168
in the complaint, indictment, or information is alleged to have	169
violated section 2151.87 of the Revised Code or an order issued	170
under that section or to be a juvenile traffic offender or a	171
delinquent, unruly, abused, neglected, or dependent child and,	172
based on and in relation to the allegation pertaining to the	173
child, concerning the parent, guardian, or other person having	174
care of a child who is alleged to be an unruly or delinquent child	175
for being an habitual or chronic truant;	176

(2) Subject to divisions (G), (K), and (V) of section 2301.03	177
of the Revised Code, to determine the custody of any child not a	178
ward of another court of this state;	179

(3) To hear and determine any application for a writ of	180
habeas corpus involving the custody of a child;	181

(4) To exercise the powers and jurisdiction given the probate	182
division of the court of common pleas in Chapter 5122. of the	183
Revised Code, if the court has probable cause to believe that a	184
child otherwise within the jurisdiction of the court is a mentally	185
ill person subject to hospitalization by court order, as defined	186
in section 5122.01 of the Revised Code;	187

(5) To hear and determine all criminal cases charging adults	188
with the violation of any section of this chapter;	189

(6) To hear and determine all criminal cases in which an	190
adult is charged with a violation of division (C) of section	191
2919.21, division (B)(1) of section 2919.22, section 2919.222,	192
division (B) of section 2919.23, or section 2919.24 of the Revised	193
Code, provided the charge is not included in an indictment that	194
also charges the alleged adult offender with the commission of a	195
felony arising out of the same actions that are the basis of the	196
alleged violation of division (C) of section 2919.21, division	197
(B)(1) of section 2919.22, section 2919.222, division (B) of	198
section 2919.23, or section 2919.24 of the Revised Code;	199

(7) Under the interstate compact on juveniles in section	200
2151.56 of the Revised Code;	201

(8) Concerning any child who is to be taken into custody	202
pursuant to section 2151.31 of the Revised Code, upon being	203
notified of the intent to take the child into custody and the	204
reasons for taking the child into custody;	205

(9) To hear and determine requests for the extension of	206
temporary custody agreements, and requests for court approval of	207
permanent custody agreements, that are filed pursuant to section	208
5103.15 of the Revised Code;	209

(10) To hear and determine applications for consent to marry	210
pursuant to section 3101.04 of the Revised Code;	211

(11) Subject to divisions (G), (K), and (V) of section	212
2301.03 of the Revised Code, to hear and determine a request for	213
an order for the support of any child if the request is not	214
ancillary to an action for divorce, dissolution of marriage,	215
annulment, or legal separation, a criminal or civil action	216
involving an allegation of domestic violence, or an action for	217
support brought under Chapter 3115. of the Revised Code;	218

(12) Concerning an action commenced under section 121.38 of	219
the Revised Code;	220

(13) To hear and determine violations of section 3321.38 of	221
the Revised Code;	222

(14) To exercise jurisdiction and authority over the parent,	223
guardian, or other person having care of a child alleged to be a	224
delinquent child, unruly child, or juvenile traffic offender,	225
based on and in relation to the allegation pertaining to the	226
child;	227

(15) To conduct the hearings, and to make the determinations,	228
adjudications, and orders authorized or required under sections	229
2152.82 to 2152.86 and Chapter 2950. of the Revised Code regarding	230
a child who has been adjudicated a delinquent child and to refer	231
the duties conferred upon the juvenile court judge under sections	232
2152.82 to 2152.86 and Chapter 2950. of the Revised Code to	233
magistrates appointed by the juvenile court judge in accordance	234
with Juvenile Rule 40;	235

(16) To hear and determine a petition for a protection order	236
against a child under section 2151.34 or 3113.31 of the Revised	237
Code and to enforce a protection order issued or a consent	238
agreement approved under either section against a child until a	239
date certain but not later than the date the child attains	240
nineteen years of age.	241

(B) Except as provided in divisions (G) and (I) of section	242
2301.03 of the Revised Code, the juvenile court has original	243
jurisdiction under the Revised Code:	244

(1) To hear and determine all cases of misdemeanors charging	245
adults with any act or omission with respect to any child, which	246
act or omission is a violation of any state law or any municipal	247
ordinance;	248

(2) To determine the paternity of any child alleged to have	249
been born out of wedlock pursuant to sections 3111.01 to 3111.18	250
of the Revised Code;	251

(3) Under the uniform interstate family support act in	252
Chapter 3115. of the Revised Code;	253

(4) To hear and determine an application for an order for the	254
support of any child, if the child is not a ward of another court	255
of this state;	256

(5) To hear and determine an action commenced under section	257
3111.28 of the Revised Code;	258

(6) To hear and determine a motion filed under section	259
3119.961 of the Revised Code;	260

(7) To receive filings under section 3109.74 of the Revised	261
Code, and to hear and determine actions arising under sections	262
3109.51 to 3109.80 of the Revised Code.	263

(8) To enforce an order for the return of a child made under	264
the Hague Convention on the Civil Aspects of International Child	265
Abduction pursuant to section 3127.32 of the Revised Code;	266

(9) To grant any relief normally available under the laws of	267
this state to enforce a child custody determination made by a	268
court of another state and registered in accordance with section	269
3127.35 of the Revised Code.	270

(C) The juvenile court, except as to juvenile courts that are	271
a separate division of the court of common pleas or a separate and	272
independent juvenile court, has jurisdiction to hear, determine,	273
and make a record of any action for divorce or legal separation	274
that involves the custody or care of children and that is filed in	275
the court of common pleas and certified by the court of common	276
pleas with all the papers filed in the action to the juvenile	277
court for trial, provided that no certification of that nature	278
shall be made to any juvenile court unless the consent of the	279
juvenile judge first is obtained. After a certification of that	280
nature is made and consent is obtained, the juvenile court shall	281
proceed as if the action originally had been begun in that court,	282
except as to awards for compensatory spousal support or support	283
due and unpaid at the time of certification, over which the	284
juvenile court has no jurisdiction.	285

(D) The juvenile court, except as provided in divisions (G)	286
and (I) of section 2301.03 of the Revised Code, has jurisdiction	287
to hear and determine all matters as to custody and support of	288
children duly certified by the court of common pleas to the	289
juvenile court after a divorce decree has been granted, including	290
jurisdiction to modify the judgment and decree of the court of	291
common pleas as the same relate to the custody and support of	292
children.	293

(E) The juvenile court, except as provided in divisions (G)	294
and (I) of section 2301.03 of the Revised Code, has jurisdiction	295
to hear and determine the case of any child certified to the court	296
by any court of competent jurisdiction if the child comes within	297
the jurisdiction of the juvenile court as defined by this section.	298

(F)(1) The juvenile court shall exercise its jurisdiction in	299
child custody matters in accordance with sections 3109.04 and	300
3127.01 to 3127.53 of the Revised Code and, as applicable,	301
sections 5103.20 to 5103.22 or 5103.23 to 5103.237 of the Revised	302
Code.	303

(2) The juvenile court shall exercise its jurisdiction in	304
child support matters in accordance with section 3109.05 of the	305
Revised Code.	306

(G) Any juvenile court that makes or modifies an order for	307
child support shall comply with Chapters 3119., 3121., 3123., and	308
3125. of the Revised Code. If any person required to pay child	309
support under an order made by a juvenile court on or after April	310
15, 1985, or modified on or after December 1, 1986, is found in	311
contempt of court for failure to make support payments under the	312
order, the court that makes the finding, in addition to any other	313
penalty or remedy imposed, shall assess all court costs arising	314
out of the contempt proceeding against the person and require the	315
person to pay any reasonable attorney's fees of any adverse party,	316
as determined by the court, that arose in relation to the act of	317
contempt.	318

(H) If a child who is charged with an act that would be an	319
offense if committed by an adult was fourteen years of age or	320
older and under eighteen years of age at the time of the alleged	321
act and if the case is transferred for criminal prosecution	322
pursuant to section 2152.12 of the Revised Code, except as	323
provided in section 2152.121 of the Revised Code, the juvenile	324
court does not have jurisdiction to hear or determine the case	325
subsequent to the transfer. The court to which the case is	326
transferred for criminal prosecution pursuant to that section has	327
jurisdiction subsequent to the transfer to hear and determine the	328
case in the same manner as if the case originally had been	329
commenced in that court, subject to section 2152.121 of the	330
Revised Code, including, but not limited to, jurisdiction to	331
accept a plea of guilty or another plea authorized by Criminal	332
Rule 11 or another section of the Revised Code and jurisdiction to	333
accept a verdict and to enter a judgment of conviction pursuant to	334
the Rules of Criminal Procedure against the child for the	335
commission of the offense that was the basis of the transfer of	336
the case for criminal prosecution, whether the conviction is for	337
the same degree or a lesser degree of the offense charged, for the	338
commission of a lesser-included offense, or for the commission of	339
another offense that is different from the offense charged.	340

(I) If a person under eighteen years of age allegedly commits	341
an act that would be a felony if committed by an adult and if the	342
person is not taken into custody or apprehended for that act until	343
after the person attains twenty-one years of age, the juvenile	344
court does not have jurisdiction to hear or determine any portion	345
of the case charging the person with committing that act. In those	346
circumstances, divisions (A) and (B) of section 2152.12 of the	347
Revised Code do not apply regarding the act, and the case charging	348
the person with committing the act shall be a criminal prosecution	349
commenced and heard in the appropriate court having jurisdiction	350
of the offense as if the person had been eighteen years of age or	351
older when the person committed the act. All proceedings	352
pertaining to the act shall be within the jurisdiction of the	353
court having jurisdiction of the offense, and that court has all	354
the authority and duties in the case that it has in other criminal	355
cases in that court.	356

(J) In exercising its exclusive original jurisdiction under	357
division (A)(16) of this section with respect to any proceedings	358
brought under section 2151.34 or 3113.31 of the Revised Code in	359
which the respondent is a child, the juvenile court retains all	360
dispositionary powers consistent with existing rules of juvenile	361
procedure and may also exercise its discretion to adjudicate	362
proceedings as provided in sections 2151.34 and 3113.31 of the	363
Revised Code, including the issuance of protection orders or the	364
approval of consent agreements under those sections.	365

Sec. 2303.201.  (A)(1) The court of common pleas of any	366
county may determine that for the efficient operation of the court	367
additional funds are required to computerize the court, to make	368
available computerized legal research services, or to do both.	369
Upon making a determination that additional funds are required for	370
either or both of those purposes, the court shall authorize and	371
direct the clerk of the court of common pleas to charge one	372
additional fee, not to exceed three dollars, on the filing of each	373
cause of action or appeal under divisions (A), (Q), and (U) of	374
section 2303.20 of the Revised Code.	375

(2) All fees collected under division (A)(1) of this section	376
shall be paid to the county treasurer. The treasurer shall place	377
the funds from the fees in a separate fund to be disbursed either	378
upon an order of the court, subject to an appropriation by the	379
board of county commissioners, or upon an order of the court,	380
subject to the court making an annual report available to the	381
public listing the use of all such funds, in an amount not greater	382
than the actual cost to the court of procuring and maintaining	383
computerization of the court, computerized legal research	384
services, or both.	385

(3) If the court determines that the funds in the fund	386
described in division (A)(2) of this section are more than	387
sufficient to satisfy the purpose for which the additional fee	388
described in division (A)(1) of this section was imposed, the	389
court may declare a surplus in the fund and, subject to an	390
appropriation by the board of county commissioners, expend those	391
surplus funds, or upon an order of the court, subject to the court	392
making an annual report available to the public listing the use of	393
all such funds, expend those surplus funds, for other appropriate	394
technological expenses of the court.	395

(B)(1) The court of common pleas of any county may determine	396
that, for the efficient operation of the court, additional funds	397
are required to computerize the office of the clerk of the court	398
of common pleas and, upon that determination, authorize and direct	399
the clerk of the court of common pleas to charge an additional	400
fee, not to exceed ten dollars, on the filing of each cause of	401
action or appeal, on the filing, docketing, and endorsing of each	402
certificate of judgment, or on the docketing and indexing of each	403
aid in execution or petition to vacate, revive, or modify a	404
judgment under divisions (A), (P), (Q), (T), and (U) of section	405
2303.20 of the Revised Code. Subject to division (B)(2) of this	406
section, all moneys collected under division (B)(1) of this	407
section shall be paid to the county treasurer to be disbursed,	408
upon an order of the court of common pleas and subject to	409
appropriation by the board of county commissioners, in an amount	410
no greater than the actual cost to the court of procuring and	411
maintaining computer systems for the office of the clerk of the	412
court of common pleas.	413

(2) If the court of common pleas of a county makes the	414
determination described in division (B)(1) of this section, the	415
board of county commissioners of that county may issue one or more	416
general obligation bonds for the purpose of procuring and	417
maintaining the computer systems for the office of the clerk of	418
the court of common pleas. In addition to the purposes stated in	419
division (B)(1) of this section for which the moneys collected	420
under that division may be expended, the moneys additionally may	421
be expended to pay debt charges on and financing costs related to	422
any general obligation bonds issued pursuant to division (B)(2) of	423
this section as they become due. General obligation bonds issued	424
pursuant to division (B)(2) of this section are Chapter 133.	425
securities.	426

(C) The court of common pleas shall collect the sum of	427
twenty-six dollars as additional filing fees in each new civil	428
action or proceeding for the charitable public purpose of	429
providing financial assistance to legal aid societies that operate	430
within the state and to support the office of the state public	431
defender. This division does not apply to proceedings concerning	432
annulments, dissolutions of marriage, divorces, legal separation,	433
compensatory spousal support, marital property or separate	434
property distribution, support, or other domestic relations	435
matters; to a juvenile division of a court of common pleas; to a	436
probate division of a court of common pleas, except that the	437
additional filing fees shall apply to name change, guardianship,	438
adoption, and decedents' estate proceedings; or to an execution on	439
a judgment, proceeding in aid of execution, or other post-judgment	440
proceeding arising out of a civil action. The filing fees required	441
to be collected under this division shall be in addition to any	442
other filing fees imposed in the action or proceeding and shall be	443
collected at the time of the filing of the action or proceeding.	444
The court shall not waive the payment of the additional filing	445
fees in a new civil action or proceeding unless the court waives	446
the advanced payment of all filing fees in the action or	447
proceeding. All such moneys collected during a month except for an	448
amount equal to up to one per cent of those moneys retained to	449
cover administrative costs shall be transmitted on or before the	450
twentieth day of the following month by the clerk of the court to	451
the treasurer of state in a manner prescribed by the treasurer of	452
state or by the Ohio legal assistance foundation. The treasurer of	453
state shall deposit four per cent of the funds collected under	454
this division to the credit of the civil case filing fee fund	455
established under section 120.07 of the Revised Code and	456
ninety-six per cent of the funds collected under this division to	457
the credit of the legal aid fund established under section 120.52	458
of the Revised Code.	459

The court may retain up to one per cent of the moneys it	460
collects under this division to cover administrative costs,	461
including the hiring of any additional personnel necessary to	462
implement this division. If the court fails to transmit to the	463
treasurer of state the moneys the court collects under this	464
division in a manner prescribed by the treasurer of state or by	465
the Ohio legal assistance foundation, the court shall forfeit the	466
moneys the court retains under this division to cover	467
administrative costs, including the hiring of any additional	468
personnel necessary to implement this division, and shall transmit	469
to the treasurer of state all moneys collected under this	470
division, including the forfeited amount retained for	471
administrative costs, for deposit in the legal aid fund.	472

(D) On and after the thirtieth day after December 9, 1994,	473
the court of common pleas shall collect the sum of thirty-two	474
dollars as additional filing fees in each new action or proceeding	475
for annulment, divorce, or dissolution of marriage for the purpose	476
of funding shelters for victims of domestic violence pursuant to	477
sections 3113.35 to 3113.39 of the Revised Code. The filing fees	478
required to be collected under this division shall be in addition	479
to any other filing fees imposed in the action or proceeding and	480
shall be collected at the time of the filing of the action or	481
proceeding. The court shall not waive the payment of the	482
additional filing fees in a new action or proceeding for	483
annulment, divorce, or dissolution of marriage unless the court	484
waives the advanced payment of all filing fees in the action or	485
proceeding. On or before the twentieth day of each month, all	486
moneys collected during the immediately preceding month pursuant	487
to this division shall be deposited by the clerk of the court into	488
the county treasury in the special fund used for deposit of	489
additional marriage license fees as described in section 3113.34	490
of the Revised Code. Upon their deposit into the fund, the moneys	491
shall be retained in the fund and expended only as described in	492
section 3113.34 of the Revised Code.	493

(E)(1) The court of common pleas may determine that, for the	494
efficient operation of the court, additional funds are necessary	495
to acquire and pay for special projects of the court, including,	496
but not limited to, the acquisition of additional facilities or	497
the rehabilitation of existing facilities, the acquisition of	498
equipment, the hiring and training of staff, community service	499
programs, mediation or dispute resolution services, the employment	500
of magistrates, the training and education of judges, acting	501
judges, and magistrates, and other related services. Upon that	502
determination, the court by rule may charge a fee, in addition to	503
all other court costs, on the filing of each criminal cause, civil	504
action or proceeding, or judgment by confession.	505

If the court of common pleas offers a special program or	506
service in cases of a specific type, the court by rule may assess	507
an additional charge in a case of that type, over and above court	508
costs, to cover the special program or service. The court shall	509
adjust the special assessment periodically, but not retroactively,	510
so that the amount assessed in those cases does not exceed the	511
actual cost of providing the service or program.	512

All moneys collected under division (E) of this section shall	513
be paid to the county treasurer for deposit into either a general	514
special projects fund or a fund established for a specific special	515
project. Moneys from a fund of that nature shall be disbursed upon	516
an order of the court, subject to an appropriation by the board of	517
county commissioners, in an amount no greater than the actual cost	518
to the court of a project. If a specific fund is terminated	519
because of the discontinuance of a program or service established	520
under division (E) of this section, the court may order, subject	521
to an appropriation by the board of county commissioners, that	522
moneys remaining in the fund be transferred to an account	523
established under this division for a similar purpose.	524

(2) As used in division (E) of this section:

525

(a) "Criminal cause" means a charge alleging the violation of	526
a statute or ordinance, or subsection of a statute or ordinance,	527
that requires a separate finding of fact or a separate plea before	528
disposition and of which the defendant may be found guilty,	529
whether filed as part of a multiple charge on a single summons,	530
citation, or complaint or as a separate charge on a single	531
summons, citation, or complaint. "Criminal cause" does not include	532
separate violations of the same statute or ordinance, or	533
subsection of the same statute or ordinance, unless each charge is	534
filed on a separate summons, citation, or complaint.	535

(b) "Civil action or proceeding" means any civil litigation	536
that must be determined by judgment entry.	537

Sec. 2329.66.  (A) Every person who is domiciled in this	538
state may hold property exempt from execution, garnishment,	539
attachment, or sale to satisfy a judgment or order, as follows:	540

(1)(a) In the case of a judgment or order regarding money	541
owed for health care services rendered or health care supplies	542
provided to the person or a dependent of the person, one parcel or	543
item of real or personal property that the person or a dependent	544
of the person uses as a residence. Division (A)(1)(a) of this	545
section does not preclude, affect, or invalidate the creation	546
under this chapter of a judgment lien upon the exempted property	547
but only delays the enforcement of the lien until the property is	548
sold or otherwise transferred by the owner or in accordance with	549
other applicable laws to a person or entity other than the	550
surviving spouse or surviving minor children of the judgment	551
debtor. Every person who is domiciled in this state may hold	552
exempt from a judgment lien created pursuant to division (A)(1)(a)	553
of this section the person's interest, not to exceed twenty	554
thousand two hundred dollars, in the exempted property.	555

(b) In the case of all other judgments and orders, the	556
person's interest, not to exceed twenty thousand two hundred	557
dollars, in one parcel or item of real or personal property that	558
the person or a dependent of the person uses as a residence.	559

(2) The person's interest, not to exceed three thousand two	560
hundred twenty-five dollars, in one motor vehicle;	561

(3) The person's interest, not to exceed four hundred	562
dollars, in cash on hand, money due and payable, money to become	563
due within ninety days, tax refunds, and money on deposit with a	564
bank, savings and loan association, credit union, public utility,	565
landlord, or other person, other than personal earnings.	566

(4)(a) The person's interest, not to exceed five hundred	567
twenty-five dollars in any particular item or ten thousand seven	568
hundred seventy-five dollars in aggregate value, in household	569
furnishings, household goods, wearing apparel, appliances, books,	570
animals, crops, musical instruments, firearms, and hunting and	571
fishing equipment that are held primarily for the personal,	572
family, or household use of the person;	573

(b) The person's aggregate interest in one or more items of	574
jewelry, not to exceed one thousand three hundred fifty dollars,	575
held primarily for the personal, family, or household use of the	576
person or any of the person's dependents.	577

(5) The person's interest, not to exceed an aggregate of two	578
thousand twenty-five dollars, in all implements, professional	579
books, or tools of the person's profession, trade, or business,	580
including agriculture;	581

(6)(a) The person's interest in a beneficiary fund set apart,	582
appropriated, or paid by a benevolent association or society, as	583
exempted by section 2329.63 of the Revised Code;	584

(b) The person's interest in contracts of life or endowment	585
insurance or annuities, as exempted by section 3911.10 of the	586
Revised Code;	587

(c) The person's interest in a policy of group insurance or	588
the proceeds of a policy of group insurance, as exempted by	589
section 3917.05 of the Revised Code;	590

(d) The person's interest in money, benefits, charity,	591
relief, or aid to be paid, provided, or rendered by a fraternal	592
benefit society, as exempted by section 3921.18 of the Revised	593
Code;	594

(e) The person's interest in the portion of benefits under	595
policies of sickness and accident insurance and in lump sum	596
payments for dismemberment and other losses insured under those	597
policies, as exempted by section 3923.19 of the Revised Code.	598

(7) The person's professionally prescribed or medically	599
necessary health aids;	600

(8) The person's interest in a burial lot, including, but not	601
limited to, exemptions under section 517.09 or 1721.07 of the	602
Revised Code;	603

(9) The person's interest in the following:

604

(a) Moneys paid or payable for living maintenance or rights,	605
as exempted by section 3304.19 of the Revised Code;	606

(b) Workers' compensation, as exempted by section 4123.67 of	607
the Revised Code;	608

(c) Unemployment compensation benefits, as exempted by	609
section 4141.32 of the Revised Code;	610

(d) Cash assistance payments under the Ohio works first	611
program, as exempted by section 5107.75 of the Revised Code;	612

(e) Benefits and services under the prevention, retention,	613
and contingency program, as exempted by section 5108.08 of the	614
Revised Code;	615

(f) Disability financial assistance payments, as exempted by	616
section 5115.06 of the Revised Code;	617

(g) Payments under section 24 or 32 of the "Internal Revenue	618
Code of 1986," 100 Stat. 2085, 26 U.S.C. 1, as amended.	619

(10)(a) Except in cases in which the person was convicted of	620
or pleaded guilty to a violation of section 2921.41 of the Revised	621
Code and in which an order for the withholding of restitution from	622
payments was issued under division (C)(2)(b) of that section, in	623
cases in which an order for withholding was issued under section	624
2907.15 of the Revised Code, in cases in which an order for	625
forfeiture was issued under division (A) or (B) of section	626
2929.192 of the Revised Code, and in cases in which an order was	627
issued under section 2929.193 of the Revised Code, and only to the	628
extent provided in the order, and except as provided in sections	629
3105.171, 3105.63, 3119.80, 3119.81, 3121.02, 3121.03, and 3123.06	630
of the Revised Code, the person's right to a pension, benefit,	631
annuity, retirement allowance, or accumulated contributions, the	632
person's right to a participant account in any deferred	633
compensation program offered by the Ohio public employees deferred	634
compensation board, a government unit, or a municipal corporation,	635
or the person's other accrued or accruing rights, as exempted by	636
section 145.56, 146.13, 148.09, 742.47, 3307.41, 3309.66, or	637
5505.22 of the Revised Code, and the person's right to benefits	638
from the Ohio public safety officers death benefit fund;	639

(b) Except as provided in sections 3119.80, 3119.81, 3121.02,	640
3121.03, and 3123.06 of the Revised Code, the person's right to	641
receive a payment under any pension, annuity, or similar plan or	642
contract, not including a payment from a stock bonus or	643
profit-sharing plan or a payment included in division (A)(6)(b) or	644
(10)(a) of this section, on account of illness, disability, death,	645
age, or length of service, to the extent reasonably necessary for	646
the support of the person and any of the person's dependents,	647
except if all the following apply:	648

(i) The plan or contract was established by or under the	649
auspices of an insider that employed the person at the time the	650
person's rights under the plan or contract arose.	651

(ii) The payment is on account of age or length of service.

652

(iii) The plan or contract is not qualified under the	653
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C. 1, as	654
amended.	655

(c) Except for any portion of the assets that were deposited	656
for the purpose of evading the payment of any debt and except as	657
provided in sections 3119.80, 3119.81, 3121.02, 3121.03, and	658
3123.06 of the Revised Code, the person's right in the assets held	659
in, or to receive any payment under, any individual retirement	660
account, individual retirement annuity, "Roth IRA," or education	661
individual retirement account that provides benefits by reason of	662
illness, disability, death, or age, to the extent that the assets,	663
payments, or benefits described in division (A)(10)(c) of this	664
section are attributable to any of the following:	665

(i) Contributions of the person that were less than or equal	666
to the applicable limits on deductible contributions to an	667
individual retirement account or individual retirement annuity in	668
the year that the contributions were made, whether or not the	669
person was eligible to deduct the contributions on the person's	670
federal tax return for the year in which the contributions were	671
made;	672

(ii) Contributions of the person that were less than or equal	673
to the applicable limits on contributions to a Roth IRA or	674
education individual retirement account in the year that the	675
contributions were made;	676

(iii) Contributions of the person that are within the	677
applicable limits on rollover contributions under subsections 219,	678
402(c), 403(a)(4), 403(b)(8), 408(b), 408(d)(3), 408A(c)(3)(B),	679
408A(d)(3), and 530(d)(5) of the "Internal Revenue Code of 1986,"	680
100 Stat. 2085, 26 U.S.C.A. 1, as amended.	681

(d) Except for any portion of the assets that were deposited	682
for the purpose of evading the payment of any debt and except as	683
provided in sections 3119.80, 3119.81, 3121.02, 3121.03, and	684
3123.06 of the Revised Code, the person's right in the assets held	685
in, or to receive any payment under, any Keogh or "H.R. 10" plan	686
that provides benefits by reason of illness, disability, death, or	687
age, to the extent reasonably necessary for the support of the	688
person and any of the person's dependents.	689

(11) The person's right to receive compensatory spousal	690
support, child support, an allowance, or other maintenance to the	691
extent reasonably necessary for the support of the person and any	692
of the person's dependents;	693

(12) The person's right to receive, or moneys received during	694
the preceding twelve calendar months from, any of the following:	695

(a) An award of reparations under sections 2743.51 to 2743.72	696
of the Revised Code, to the extent exempted by division (D) of	697
section 2743.66 of the Revised Code;	698

(b) A payment on account of the wrongful death of an	699
individual of whom the person was a dependent on the date of the	700
individual's death, to the extent reasonably necessary for the	701
support of the person and any of the person's dependents;	702

(c) Except in cases in which the person who receives the	703
payment is an inmate, as defined in section 2969.21 of the Revised	704
Code, and in which the payment resulted from a civil action or	705
appeal against a government entity or employee, as defined in	706
section 2969.21 of the Revised Code, a payment, not to exceed	707
twenty thousand two hundred dollars, on account of personal bodily	708
injury, not including pain and suffering or compensation for	709
actual pecuniary loss, of the person or an individual for whom the	710
person is a dependent;	711

(d) A payment in compensation for loss of future earnings of	712
the person or an individual of whom the person is or was a	713
dependent, to the extent reasonably necessary for the support of	714
the debtor and any of the debtor's dependents.	715

(13) Except as provided in sections 3119.80, 3119.81,	716
3121.02, 3121.03, and 3123.06 of the Revised Code, personal	717
earnings of the person owed to the person for services in an	718
amount equal to the greater of the following amounts:	719

(a) If paid weekly, thirty times the current federal minimum	720
hourly wage; if paid biweekly, sixty times the current federal	721
minimum hourly wage; if paid semimonthly, sixty-five times the	722
current federal minimum hourly wage; or if paid monthly, one	723
hundred thirty times the current federal minimum hourly wage that	724
is in effect at the time the earnings are payable, as prescribed	725
by the "Fair Labor Standards Act of 1938," 52 Stat. 1060, 29	726
U.S.C. 206(a)(1), as amended;	727

(b) Seventy-five per cent of the disposable earnings owed to	728
the person.	729

(14) The person's right in specific partnership property, as	730
exempted by division (B)(3) of section 1775.24 of the Revised Code	731
or the person's rights in a partnership pursuant to section	732
1776.50 of the Revised Code, except as otherwise set forth in	733
section 1776.50 of the Revised Code;	734

(15) A seal and official register of a notary public, as	735
exempted by section 147.04 of the Revised Code;	736

(16) The person's interest in a tuition unit or a payment	737
under section 3334.09 of the Revised Code pursuant to a tuition	738
payment contract, as exempted by section 3334.15 of the Revised	739
Code;	740

(17) Any other property that is specifically exempted from	741
execution, attachment, garnishment, or sale by federal statutes	742
other than the "Bankruptcy Reform Act of 1978," 92 Stat. 2549, 11	743
U.S.C.A. 101, as amended;	744

(18) The person's aggregate interest in any property, not to	745
exceed one thousand seventy-five dollars, except that division	746
(A)(18) of this section applies only in bankruptcy proceedings.	747

(B) On April 1, 2010, and on the first day of April in each	748
third calendar year after 2010, the Ohio judicial conference shall	749
adjust each dollar amount set forth in this section to reflect the	750
change in the consumer price index for all urban consumers, as	751
published by the United States department of labor, or, if that	752
index is no longer published, a generally available comparable	753
index, for the three-year period ending on the thirty-first day of	754
December of the preceding year. Any adjustments required by this	755
division shall be rounded to the nearest twenty-five dollars.	756

The Ohio judicial conference shall prepare a memorandum	757
specifying the adjusted dollar amounts. The judicial conference	758
shall transmit the memorandum to the director of the legislative	759
service commission, and the director shall publish the memorandum	760
in the register of Ohio. (Publication of the memorandum in the	761
register of Ohio shall continue until the next memorandum	762
specifying an adjustment is so published.) The judicial conference	763
also may publish the memorandum in any other manner it concludes	764
will be reasonably likely to inform persons who are affected by	765
its adjustment of the dollar amounts.	766

(C) As used in this section:

767

(1) "Disposable earnings" means net earnings after the	768
garnishee has made deductions required by law, excluding the	769
deductions ordered pursuant to section 3119.80, 3119.81, 3121.02,	770
3121.03, or 3123.06 of the Revised Code.	771

(2) "Insider" means:

772

(a) If the person who claims an exemption is an individual, a	773
relative of the individual, a relative of a general partner of the	774
individual, a partnership in which the individual is a general	775
partner, a general partner of the individual, or a corporation of	776
which the individual is a director, officer, or in control;	777

(b) If the person who claims an exemption is a corporation, a	778
director or officer of the corporation; a person in control of the	779
corporation; a partnership in which the corporation is a general	780
partner; a general partner of the corporation; or a relative of a	781
general partner, director, officer, or person in control of the	782
corporation;	783

(c) If the person who claims an exemption is a partnership, a	784
general partner in the partnership; a general partner of the	785
partnership; a person in control of the partnership; a partnership	786
in which the partnership is a general partner; or a relative in, a	787
general partner of, or a person in control of the partnership;	788

(d) An entity or person to which or whom any of the following	789
applies:	790

(i) The entity directly or indirectly owns, controls, or	791
holds with power to vote, twenty per cent or more of the	792
outstanding voting securities of the person who claims an	793
exemption, unless the entity holds the securities in a fiduciary	794
or agency capacity without sole discretionary power to vote the	795
securities or holds the securities solely to secure to debt and	796
the entity has not in fact exercised the power to vote.	797

(ii) The entity is a corporation, twenty per cent or more of	798
whose outstanding voting securities are directly or indirectly	799
owned, controlled, or held with power to vote, by the person who	800
claims an exemption or by an entity to which division (C)(2)(d)(i)	801
of this section applies.	802

(iii) A person whose business is operated under a lease or	803
operating agreement by the person who claims an exemption, or a	804
person substantially all of whose business is operated under an	805
operating agreement with the person who claims an exemption.	806

(iv) The entity operates the business or all or substantially	807
all of the property of the person who claims an exemption under a	808
lease or operating agreement.	809

(e) An insider, as otherwise defined in this section, of a	810
person or entity to which division (C)(2)(d)(i), (ii), (iii), or	811
(iv) of this section applies, as if the person or entity were a	812
person who claims an exemption;	813

(f) A managing agent of the person who claims an exemption.

814

(3) "Participant account" has the same meaning as in section	815
148.01 of the Revised Code.	816

(4) "Government unit" has the same meaning as in section	817
148.06 of the Revised Code.	818

(D) For purposes of this section, "interest" shall be	819
determined as follows:	820

(1) In bankruptcy proceedings, as of the date a petition is	821
filed with the bankruptcy court commencing a case under Title 11	822
of the United States Code;	823

(2) In all cases other than bankruptcy proceedings, as of the	824
date of an appraisal, if necessary under section 2329.68 of the	825
Revised Code, or the issuance of a writ of execution.	826

An interest, as determined under division (D)(1) or (2) of	827
this section, shall not include the amount of any lien otherwise	828
valid pursuant to section 2329.661 of the Revised Code.	829

Sec. 2701.03.  (A) If a judge of the court of common pleas	830
allegedly is interested in a proceeding pending before the court,	831
allegedly is related to or has a bias or prejudice for or against	832
a party to a proceeding pending before the court or a party's	833
counsel, or allegedly otherwise is disqualified to preside in a	834
proceeding pending before the court, any party to the proceeding	835
or the party's counsel may file an affidavit of disqualification	836
with the clerk of the supreme court in accordance with division	837
(B) of this section.	838

(B) An affidavit of disqualification filed under section	839
2101.39 or 2501.13 of the Revised Code or division (A) of this	840
section shall be filed with the clerk of the supreme court not	841
less than seven calendar days before the day on which the next	842
hearing in the proceeding is scheduled and shall include all of	843
the following:	844

(1) The specific allegations on which the claim of interest,	845
bias, prejudice, or disqualification is based and the facts to	846
support each of those allegations or, in relation to an affidavit	847
filed against a judge of a court of appeals, a specific allegation	848
that the judge presided in the lower court in the same proceeding	849
and the facts to support that allegation;	850

(2) The jurat of a notary public or another person authorized	851
to administer oaths or affirmations;	852

(3) A certificate indicating that a copy of the affidavit has	853
been served on the probate judge, judge of a court of appeals, or	854
judge of a court of common pleas against whom the affidavit is	855
filed and on all other parties or their counsel;	856

(4) The date of the next scheduled hearing in the proceeding	857
or, if there is no hearing scheduled, a statement that there is no	858
hearing scheduled.	859

(C)(1) Except as provided in division (C)(2) of this section,	860
when an affidavit of disqualification is presented to the clerk of	861
the supreme court for filing under division (B) of this section,	862
all of the following apply:	863

(a) The clerk of the supreme court shall accept the affidavit	864
for filing and shall forward the affidavit to the chief justice of	865
the supreme court.	866

(b) The supreme court shall send notice of the filing of the	867
affidavit to the probate court served by the judge if the	868
affidavit is filed against a probate court judge, to the clerk of	869
the court of appeals served by the judge if the affidavit is filed	870
against a judge of a court of appeals, or to the clerk of the	871
court of common pleas served by the judge if the affidavit is	872
filed against a judge of a court of common pleas.	873

(c) Upon receipt of the notice under division (C)(1)(b) of	874
this section, the probate court, the clerk of the court of	875
appeals, or the clerk of the court of common pleas shall enter the	876
fact of the filing of the affidavit on the docket of the probate	877
court, the docket of the court of appeals, or the docket in the	878
proceeding in the court of common pleas.	879

(2) The clerk of the supreme court shall not accept an	880
affidavit of disqualification presented for filing under division	881
(B) of this section if it is not timely presented for filing or	882
does not satisfy the requirements of divisions (B)(2), (3), and	883
(4) of this section.	884

(D)(1) Except as provided in divisions (D)(2) to (4) of this	885
section, if the clerk of the supreme court accepts an affidavit of	886
disqualification for filing under divisions (B) and (C) of this	887
section, the affidavit deprives the judge against whom the	888
affidavit was filed of any authority to preside in the proceeding	889
until the chief justice of the supreme court, or a justice of the	890
supreme court designated by the chief justice, rules on the	891
affidavit pursuant to division (E) of this section.	892

(2) A judge against whom an affidavit of disqualification has	893
been filed under divisions (B) and (C) of this section may do any	894
of the following that is applicable:	895

(a) If, based on the scheduled hearing date, the affidavit	896
was not timely filed, the judge may preside in the proceeding.	897

(b) If the proceeding is a domestic relations proceeding, the	898
judge may issue any temporary order relating to compensatory	899
spousal support pendente lite and the support, maintenance, and	900
allocation of parental rights and responsibilities for the care of	901
children.	902

(c) If the proceeding pertains to a complaint brought	903
pursuant to Chapter 2151. or 2152. of the Revised Code, the judge	904
may issue any temporary order pertaining to the relation and	905
conduct of any other person toward a child who is the subject of a	906
complaint as the interest and welfare of the child may require.	907

(3) A judge against whom an affidavit of disqualification has	908
been filed under divisions (B) and (C) of this section may	909
determine a matter that does not affect a substantive right of any	910
of the parties.	911

(4) If the clerk of the supreme court accepts an affidavit of	912
disqualification for filing under divisions (B) and (C) of this	913
section, if the chief justice of the supreme court, or a justice	914
of the supreme court designated by the chief justice, denies the	915
affidavit of disqualification pursuant to division (E) of this	916
section, and if, after the denial, a second or subsequent	917
affidavit of disqualification regarding the same judge and the	918
same proceeding is filed by the same party who filed or on whose	919
behalf was filed the affidavit that was denied or by counsel for	920
the same party who filed or on whose behalf was filed the	921
affidavit that was denied, the judge against whom the second or	922
subsequent affidavit is filed may preside in the proceeding prior	923
to the ruling of the chief justice of the supreme court, or a	924
justice designated by the chief justice, on the second or	925
subsequent affidavit.	926

(E) If the clerk of the supreme court accepts an affidavit of	927
disqualification for filing under divisions (B) and (C) of this	928
section and if the chief justice of the supreme court, or any	929
justice of the supreme court designated by the chief justice,	930
determines that the interest, bias, prejudice, or disqualification	931
alleged in the affidavit does not exist, the chief justice or the	932
designated justice shall issue an entry denying the affidavit of	933
disqualification. If the chief justice of the supreme court, or	934
any justice of the supreme court designated by the chief justice,	935
determines that the interest, bias, prejudice, or disqualification	936
alleged in the affidavit exists, the chief justice or the	937
designated justice shall issue an entry that disqualifies that	938
judge from presiding in the proceeding and either order that the	939
proceeding be assigned to another judge of the court of which the	940
disqualified judge is a member, to a judge of another court, or to	941
a retired judge.	942

Sec. 2743.66.  (A) A decision of the attorney general, order	943
of a court of claims panel of commissioners, or judgment of a	944
judge of the court of claims granting an award of reparations may	945
provide for the payment of the award in a lump sum or in	946
installments. The part of an award equal to the amount of economic	947
loss accrued to the date of the award shall be paid in a lump sum.	948
An award for allowable expense that would accrue after the award	949
is made shall not be paid in a lump sum. Except as provided in	950
division (B) of this section, the part of an award not paid in a	951
lump sum shall be paid in installments.	952

(B) Upon the motion of the claimant, the attorney general may	953
commute future economic loss, other than allowable expense, to a	954
lump sum but only upon a finding that either of the following	955
applies:	956

(1) The award in a lump sum will promote the interests of the	957
claimant.	958

(2) The present value of all future economic loss, other than	959
allowable expense, does not exceed one thousand dollars.	960

(C) The attorney general may make an award for future	961
economic loss payable in installments only for a period as to	962
which future economic loss reasonably can be determined. An award	963
for future economic loss payable in installments may be	964
reconsidered and modified upon a finding that a material and	965
substantial change of circumstances has occurred.	966

(D) An award is not subject to execution, attachment,	967
garnishment, or other process, except that, upon receipt of an	968
award by a claimant:	969

(1) The part of the award that is for allowable expense or	970
funeral expense is not exempt from such action by a creditor to	971
the extent that the creditor provided products, services, or	972
accommodations the costs of which are included in the award.	973

(2) The part of the award that is for work loss shall not be	974
exempt from such action to secure payment of compensatory spousal	975
support, other maintenance, or child support.	976

(3) The attorney general may recover the award pursuant to	977
section 2743.72 of the Revised Code if it is discovered that the	978
claimant actually was not eligible for the award or that the award	979
otherwise should not have been made under the standards and	980
criteria set forth in sections 2743.51 to 2743.72 of the Revised	981
Code.	982

(4) If the claimant receives compensation from any other	983
person or entity, including a collateral source, for an expense	984
that is included within the award, the attorney general may	985
recover pursuant to section 2743.72 of the Revised Code the part	986
of the award that represents the expense for which the claimant	987
received the compensation from the other person or entity.	988

(E) If a person entitled to an award of reparations is under	989
eighteen years of age and if the amount of the award exceeds one	990
thousand dollars, the order providing for the payment of the award	991
shall specify that the award be paid either to the guardian of the	992
estate of the minor appointed pursuant to Chapter 2111. of the	993
Revised Code or to the person or depository designated by the	994
probate court under section 2111.05 of the Revised Code. If a	995
person entitled to an award of reparations is under eighteen years	996
of age and if the amount of the award is one thousand dollars or	997
less, the order providing for the payment of the award may specify	998
that the award be paid to an adult member of the family of the	999
minor who is legally responsible for the minor's care or to any	1000
other person designated by the attorney general or panel of	1001
commissioners issuing the decision or order.	1002

Sec. 2919.231.  (A) No person, by using physical harassment	1003
or threats of violence against another person, shall interfere	1004
with the other person's initiation or continuance of, or attempt	1005
to prevent the other person from initiating or continuing, an	1006
action to issue or modify a support order under Chapter 3115. or	1007
under section 2151.23, 2151.231, 2151.232, 2151.33, 2151.36,	1008
2151.361, 2151.49, 3105.18 to 3105.183, 3105.21, 3109.05, 3109.19,	1009
3111.13, 3113.04, 3113.07, or 3113.31 of the Revised Code.	1010

(B) Whoever violates this section is guilty of interfering	1011
with an action to issue or modify a support order, a misdemeanor	1012
of the first degree. If the offender previously has been convicted	1013
of or pleaded guilty to a violation of this section or of section	1014
3111.19 of the Revised Code, interfering with an action to issue	1015
or modify a support order is a felony of the fifth degree.	1016

Sec. 2950.15.  (A) As used in this section and section	1017
2950.16 of the Revised Code, "eligible offender" means a person	1018
who is convicted of, pleads guilty to, was convicted of, or	1019
pleaded guilty to a sexually oriented offense or child-victim	1020
oriented offense, regardless of when the offense was committed,	1021
and is a tier I sex offender/child-victim offender or a child who	1022
is or was adjudicated a delinquent child for committing a sexually	1023
oriented offense or child-victim oriented offense, regardless of	1024
when the offense was committed, and is a public registry-qualified	1025
juvenile offender registrant.	1026

(B) Pursuant to this section, an eligible offender may make a	1027
motion to the court of common pleas or, for a delinquent child,	1028
the juvenile court of the county in which the eligible offender	1029
resides requesting that the court terminate the eligible	1030
offender's duty to comply with sections 2950.04, 2950.041,	1031
2950.05, and 2950.06 of the Revised Code. If the eligible offender	1032
is not a resident of this state, the eligible offender may make a	1033
motion to the court of common pleas of the county in which the	1034
eligible offender has registered pursuant to section 2950.04 or	1035
2950.041 of the Revised Code, but if the eligible offender has	1036
registered addresses of that nature in more than one county, the	1037
eligible offender may make such a motion in the court of only one	1038
of those counties. Notwithstanding any state or local rule	1039
assigning costs and fees for filing and processing civil and	1040
criminal cases, the fee for filing the motion shall be one hundred	1041
fifty dollars. This fee shall be applied to any further processing	1042
of the motion, including, but not limited to, the costs associated	1043
with investigating the motion, notifying relevant parties,	1044
scheduling hearings, and recording and reporting the court's	1045
determination.	1046

(C)(1) Except as provided in division (C)(2) of this section,	1047
an eligible offender who is classified a tier I sex	1048
offender/child-victim offender may make a motion under division	1049
(B) of this section upon the expiration of ten years after the	1050
eligible offender's duty to comply with division (A)(2) or (4) of	1051
section 2950.04 or division (A)(2) or (4) of section 2950.041 and	1052
sections 2950.05 and 2950.06 of the Revised Code begins in	1053
relation to the offense for which the eligible offender is subject	1054
to those provisions.	1055

(2) An eligible offender who is a delinquent child and is	1056
classified a public registry-qualified juvenile offender	1057
registrant may make a motion under division (B) of this section	1058
upon the expiration of twenty-five years after the eligible	1059
offender's duty to comply with division (A)(3) or (4) of section	1060
2950.04 and sections 2950.05 and 2950.06 of the Revised Code	1061
begins in relation to the offense for which the eligible offender	1062
is subject to those provisions.	1063

(D) An eligible offender who makes a motion under division	1064
(B) of this section shall include all of the following with the	1065
motion:	1066

(1) A certified copy of the judgment entry and any other	1067
documentation of the sentence or disposition given for the offense	1068
or offenses for which the eligible offender was convicted, pleaded	1069
guilty, or was adjudicated a delinquent child;	1070

(2) Documentation of the date of discharge from supervision	1071
or release, whichever is applicable;	1072

(3) Evidence that the eligible offender has completed a sex	1073
offender or child-victim offender treatment program certified by	1074
the department of rehabilitation and correction or the department	1075
of youth services pursuant to section 2950.16 of the Revised Code;	1076

(4) Evidence that the eligible offender has not been	1077
convicted of, pleaded guilty to, or been adjudicated a delinquent	1078
child for committing any subsequent sexually oriented offense,	1079
child-victim oriented offense, or other criminal offense, except	1080
for a minor misdemeanor traffic offense;	1081

(5) Evidence that the eligible offender has paid any	1082
financial sanctions imposed upon the offender pursuant to section	1083
2929.18 or 2929.28 of the Revised Code.	1084

(E) Upon the filing of a motion pursuant to division (B) of	1085
this section, the offender or delinquent child shall serve a copy	1086
of the motion on the prosecutor who handled the case in which the	1087
eligible offender was convicted of, pleaded guilty to, or was	1088
adjudicated a delinquent child for committing the sexually	1089
oriented offense or child-victim oriented offense. Upon the filing	1090
of the motion, the court shall set a tentative date for a hearing	1091
on the motion that is not later than one hundred eighty days from	1092
the date the motion is filed unless good cause exists to hold the	1093
hearing at a later date and shall notify the eligible offender and	1094
the prosecutor of the date, time, and place of the hearing. The	1095
court shall then forward a copy of the motion and its supporting	1096
documentation to the court's probation department or another	1097
appropriate agency to investigate the merits of the motion. The	1098
probation department or agency shall submit a written report	1099
detailing its investigation to the court within sixty days of	1100
receiving the motion and supporting documentation.	1101

Upon receipt of the written report from the probation	1102
department or other appropriate agency, the court shall forward a	1103
copy of the motion, supporting documentation, and the written	1104
report to the prosecutor.	1105

(F)(1) After the prosecutor is served with a copy of the	1106
motion as described in division (E) of this section, the	1107
prosecutor shall notify the victim of any offense for which the	1108
eligible offender is requesting a termination of duties under	1109
sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised	1110
Code. The victim may submit a written statement to the prosecutor	1111
regarding any knowledge the victim has of the eligible offender's	1112
conduct while subject to the duties imposed by sections 2950.04,	1113
2950.041, 2950.05, and 2950.06 of the Revised Code.	1114

(2) At least seven days before the hearing date, the	1115
prosecutor may file an objection to the motion with the court and	1116
serve a copy of the objection to the motion to the eligible	1117
offender or the eligible offender's attorney.	1118

(G) In addition to the evidence that accompanies the motion	1119
described in division (D) of this section and the written report	1120
submitted pursuant to division (E) of this section, in determining	1121
whether to grant a motion made under division (B) of this section,	1122
the court may consider any other evidence the court considers	1123
relevant, including, but not limited to, evidence of the following	1124
while the eligible offender has been subject to the duties imposed	1125
under sections 2950.04, 2950.041, 2950.05, and 2950.06 of the	1126
Revised Code:	1127

(1) Whether the eligible offender's driver's license,	1128
commercial driver's license, temporary instruction permit,	1129
probationary license, or nonresident operating privilege has ever	1130
been suspended;	1131

(2) Whether the eligible offender has maintained financial	1132
responsibility for a motor vehicle as required by section 4509.101	1133
of the Revised Code;	1134

(3) Whether the eligible offender has satisfied any child or	1135
compensatory spousal support obligations, if applicable;	1136

(4) Whether the eligible offender has paid all local, state,	1137
and federal income taxes, and has timely filed all associated	1138
income tax returns, as required by local, state, or federal law;	1139

(5) Whether there is evidence that the eligible offender has	1140
adequately addressed sex offending or child-victim offending	1141
behaviors;	1142

(6) Whether the eligible offender has maintained a residence	1143
for a substantial period of time;	1144

(7) Whether the eligible offender has maintained employment	1145
or, if the eligible offender has not been employed while under a	1146
duty to comply with sections 2950.04, 2950.041, 2950.05, and	1147
2950.06 of the Revised Code, whether the eligible offender has	1148
satisfied the offender's financial obligations through other	1149
manners of support such as disability payments, a pension,	1150
compensatory spousal orsupport, child support, or scholarships or	1151
grants;	1152

(8) Whether the eligible offender has adequately addressed	1153
any drug or alcohol abuse or addiction;	1154

(9) Letters of reference;

1155

(10) Documentation of the eligible offender's service to the	1156
community or to specific individuals in need.	1157

(H)(1) The court, without a hearing, may issue an order	1158
denying the eligible offender's motion to terminate the eligible	1159
offender's duty to comply with sections 2950.04, 2950.041,	1160
2950.05, and 2950.06 of the Revised Code if the court, based on	1161
the evidence submitted with the motion pursuant to division (D) of	1162
this section and the written report submitted pursuant to division	1163
(E) of this section and after considering the factors described in	1164
division (G) of this section, finds that those duties should not	1165
be terminated.	1166

(2) If the prosecutor does not file an objection to the	1167
eligible offender's application as provided in division (F)(2) of	1168
this section, the court, without a hearing, may issue an order	1169
that terminates the eligible offender's duty to comply with	1170
sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised	1171
Code if the court, based on the evidence submitted with the motion	1172
pursuant to division (D) of this section and the written report	1173
submitted pursuant to division (E) of this section and after	1174
considering the factors described in division (G) of this section,	1175
finds that those duties should be terminated.	1176

(3) If the court does not issue an order under division	1177
(H)(1) or (2) of this section, the court shall hold a hearing to	1178
determine whether to grant or deny the motion. At the hearing, the	1179
Rules of Civil Procedure or, if the hearing is in a juvenile	1180
court, the Rules of Juvenile Procedure apply, except to the extent	1181
that those Rules would by their nature be clearly inapplicable. At	1182
the hearing, the eligible offender has the burden of going forward	1183
with the evidence and the burden of proof by a preponderance of	1184
the evidence. If, after considering the evidence submitted with	1185
the motion pursuant to division (D) of this section, the written	1186
report submitted pursuant to division (E) of this section, and the	1187
factors described in division (G) of this section, the court finds	1188
that the eligible offender has satisfied the burden of proof, the	1189
court shall issue an order that terminates the eligible offender's	1190
duty to comply with sections 2950.04, 2950.041, 2950.05, and	1191
2950.06 of the Revised Code. If the court finds that the eligible	1192
offender has not satisfied the burden of proof, the court shall	1193
issue an order denying the motion.	1194

(4)(a) The court shall provide prompt notice of its order	1195
issued pursuant to division (H)(1), (2), or (3) of this section to	1196
the eligible offender or the eligible offender's attorney.	1197

(b) If the court issues an order terminating the eligible	1198
offender's duty to comply with sections 2950.04, 2950.041,	1199
2950.05, and 2950.06 of the Revised Code, the court shall promptly	1200
forward a copy of the order to the bureau of criminal	1201
identification and investigation. Upon receipt of the order, the	1202
bureau shall update all records pertaining to the eligible	1203
offender to reflect the termination order. The bureau also shall	1204
notify every sheriff with whom the eligible offender has most	1205
recently registered under section 2950.04, 2950.041, or 2950.05 of	1206
the Revised Code of the termination order.	1207

(c) If the court issues an order terminating the eligible	1208
offender's duty to comply with sections 2950.04, 2950.041,	1209
2950.05, and 2950.06 of the Revised Code, the court shall promptly	1210
forward a copy of the order to any court that sentenced the	1211
offender or adjudicated the child a delinquent child for a	1212
sexually oriented offense or child-victim oriented offense that is	1213
the basis of the termination order. The court that receives this	1214
notice shall retain a copy of the order in the eligible offender's	1215
original case file.	1216

Sec. 3105.171.  (A) As used in this section:

1217

(1) "Distributive award" means any payment or payments, in	1218
real or personal property, that are payable in a lump sum or over	1219
time, in fixed amounts, that are made from separate property or	1220
income, and that are not made from marital property and do not	1221
constitute payments of spousal support, as defined in section	1222
3105.18 of the Revised Code.	1223

(2) "During the marriage" means whichever of the following is	1224
applicable:	1225

(a) Except as provided in division (A)(2)(1)(b) of this	1226
section, the period of time from the date of the marriage through	1227
the date of the final hearingfiling of the complaint in an action	1228
for divorce or in an action for legal separation, if the complaint	1229
in fact leads to a decree of divorce or legal separation;	1230

(b) If the court determines that the use of either or both of	1231
the dates specified in division (A)(2)(1)(a) of this section would	1232
be inequitable, the court may select dates that it considers	1233
equitable in determining marital property. If the court selects	1234
dates that it considers equitable in determining marital property,	1235
"during the marriage" means the period of time between those dates	1236
selected and specified by the court.	1237

(3)(2)(a) "Marital property" means, subject to division	1238
(A)(3)(2)(b) of this section, all of the following:	1239

(i) All real and personal property that currently is owned by	1240
either or both of the spouses, including, but not limited to, the	1241
retirement benefits of the spouses, and that was acquired by	1242
either or both of the spouses during the marriage;	1243

(ii) All interest that either or both of the spouses	1244
currently has in any real or personal property, including, but not	1245
limited to, the retirement benefits of the spouses, and that was	1246
acquired by either or both of the spouses during the marriage;	1247

(iii)(ii) Except as otherwise provided in this section, all	1248
income and appreciation on separate property, due to the labor,	1249
monetary, or in-kind contribution of either or both of the spouses	1250
that occurred during the marriage;	1251

(iv)(iii) A participant account, as defined in section 148.01	1252
of the Revised Code, of either of the spouses, to the extent of	1253
the following: the moneys that have been deferred by a continuing	1254
member or participating employee, as defined in that section, and	1255
that have been transmitted to the Ohio public employees deferred	1256
compensation board during the marriage and any income that is	1257
derived from the investment of those moneys during the marriage;	1258
the moneys that have been deferred by an officer or employee of a	1259
municipal corporation and that have been transmitted to the	1260
governing board, administrator, depository, or trustee of the	1261
deferred compensation program of the municipal corporation during	1262
the marriage and any income that is derived from the investment of	1263
those moneys during the marriage; or the moneys that have been	1264
deferred by an officer or employee of a government unit, as	1265
defined in section 148.06 of the Revised Code, and that have been	1266
transmitted to the governing board, as defined in that section,	1267
during the marriage and any income that is derived from the	1268
investment of those moneys during the marriage.	1269

(b) "Marital property" does not include any separate	1270
property.	1271

(4)(3) "Passive income" means income acquired other than as a	1272
result of the labor, monetary, or in-kind contribution of either	1273
spouse.	1274

(5)(4) "Personal property" includes both tangible and	1275
intangible personal property.	1276

(6)(5)(a) "Separate property" means all real and personal	1277
property and any interest in real or personal property that is	1278
found by the court to be any of the following:	1279

(i) An inheritance by one spouse by bequest, devise, or	1280
descent during the course of the marriage;	1281

(ii) Any real or personal property or interest in real or	1282
personal property that was acquired by one spouse prior to the	1283
date of the marriage;	1284

(iii) Passive income and appreciation acquired from separate	1285
property by one spouse during the marriage;	1286

(iv) Any real or personal property or interest in real or	1287
personal property acquired by one spouse after a decree of legal	1288
separation issued under section 3105.17 of the Revised Code;	1289

(v) Any real or personal property or interest in real or	1290
personal property that is excluded by a valid antenuptial	1291
agreement;	1292

(vi) Compensation to a spouse for the spouse's personal	1293
injury, except for loss of marital earnings and compensation for	1294
expenses paid from marital assets;	1295

(vii) Any gift of any real or personal property or of an	1296
interest in real or personal property that is made after the date	1297
of the marriage and that is proven by clear and convincing	1298
evidence to have been given to only one spouse.	1299

(b) The commingling of separate property with other property	1300
of any type does not destroy the identity of the separate property	1301
as separate property, except when the separate property is not	1302
traceable.	1303

(B) In divorce proceedings, the court shall, and in legal	1304
separation proceedings upon the request of either spouse, the	1305
court may, determine what constitutes marital property and what	1306
constitutes separate property. In either case, upon making such a	1307
determination, the court shall divide the marital and separate	1308
property equitably between the spouses, in accordance with this	1309
section. For purposes of this section, the court has jurisdiction	1310
over all property, excluding the social security benefits of a	1311
spouse other than as set forth in division (F)(9) of this section,	1312
in which one or both spouses have an interest.	1313

(C)(1) Except as provided in this division or, division (E)	1314
of this section, or section 3105.172 of the Revised Code the	1315
division of marital property shall be equal. If an equal division	1316
of marital property would be inequitable, the court shall not	1317
divide the marital property equally but instead shall divide it	1318
between the spouses in the manner the court determines equitable.	1319
In making a division of marital property, the court shall consider	1320
all relevant factors, including those set forth in division (F) of	1321
this section.	1322

(2) Each spouse shall be considered to have contributed	1323
equally to the production and acquisition of marital property.	1324

(3) The court shall provide for an equitable division of	1325
marital property under this section prior to making any award of	1326
compensatory spousal support to either spouse under section	1327
sections 3105.18 to 3105.183 of the Revised Code and without	1328
regard to any compensatory spousal support so awarded.	1329

(4) If the marital property includes a participant account,	1330
as defined in section 148.01 of the Revised Code, the court shall	1331
not order the division or disbursement of the moneys and income	1332
described in division (A)(3)(2)(a)(iv)(iii) of this section to	1333
occur in a manner that is inconsistent with the law, rules, or	1334
plan governing the deferred compensation program involved or prior	1335
to the time that the spouse in whose name the participant account	1336
is maintained commences receipt of the moneys and income credited	1337
to the account in accordance with that law, rules, and plan.	1338

(D) Except as otherwise provided in division (E) of this	1339
section, section 3105.172 of the Revised Code, or by another	1340
provision of this section, the court shall disburse a spouse's	1341
separate property to that spouse. If a court does not disburse a	1342
spouse's separate property to that spouse, the court shall make	1343
written findings of fact that explain the factors that it	1344
considered in making its determination that the spouse's separate	1345
property should not be disbursed to that spouse.	1346

(E)(1) The court may make a distributive award to facilitate,	1347
effectuate, or supplement a division of marital property. The	1348
court may require any distributive award to be secured by a lien	1349
on the payor's specific marital property or separate property.	1350

(2) The court may make a distributive award in lieu of a	1351
division of marital property in order to achieve equity between	1352
the spouses, if the court determines that a division of the	1353
marital property in kind or in money would be impractical or	1354
burdensome.	1355

(3) The court shall require each spouse to disclose in a full	1356
and complete manner all marital property, separate property, and	1357
other assets, debts, income, and expenses of the spouse.	1358

(4) If a spouse has engaged in financial misconduct,	1359
including, but not limited to, the dissipation, destruction,	1360
concealment, nondisclosure, or fraudulent disposition of assets,	1361
the court may compensate the offended spouse with a distributive	1362
award or with a greater award of marital property.	1363

(5) If a spouse has substantially and willfully failed to 12	1364
disclose marital property, separate property, or other assets, 13	1365
debts, income, or expenses as required under this division (E)(3)	1366
of 14 this section, the court may compensate the offended spouse	1367
with 15 a distributive award pursuant to section 3105.172 of the	1368
Revised Code or with a greater award of marital property 16 not	1369
to exceed three times the value of the marital property, 17	1370
separate property, or other assets, debts, income, or expenses 18	1371
that are not disclosed by the other spouse.	1372

(F) In making a division of marital property under this	1373
section and in determining whether to make and the amount of any	1374
distributive award under this section 3105.172 of the Revised	1375
Code, the court shall consider all of the following factors:	1376

(1) The duration of the marriage;

1377

(2) The assets and liabilities of the spouses;

1378

(3) The desirability of awarding the family home, or the	1379
right to reside in the family home for reasonable periods of time,	1380
to the spouse with custody of the children of the marriage;	1381

(4) The liquidity of the property to be distributed;

1382

(5) The economic desirability of retaining intact an asset or	1383
an interest in an asset;	1384

(6) The tax consequences of the property division upon the	1385
respective awards to be made to each spouse;	1386

(7) The costs of sale, if it is necessary that an asset be	1387
sold to effectuate an equitable distribution of property;	1388

(8) Any division or disbursement of property made in a	1389
separation agreement that was voluntarily entered into by the	1390
spouses;	1391

(9) Any retirement benefits of the spouses, excluding the	1392
social security benefits of a spouse except as may be relevant for	1393
purposes of dividing a public pension;	1394

(10) Any other factor that the court expressly finds to be	1395
relevant and equitable.	1396

(G) In any order for the division or disbursement of property	1397
or a distributive award made pursuant to this section, the court	1398
shall make written findings of fact that support the determination	1399
that the marital property has been equitably divided and shall	1400
specify the dates it used in determining the meaning of "during	1401
the marriage."	1402

(H) Except as otherwise provided in this section, the holding	1403
of title to property by one spouse individually or by both spouses	1404
in a form of co-ownership does not determine whether the property	1405
is marital property or separate property.	1406

(I) A division or disbursement of property made under this	1407
section or a distributive award made under this section 3105.172	1408
of the Revised Code is not subject to future modification by the	1409
court except upon the express written consent or agreement to the	1410
modification by both spouses.	1411

(J) The court may issue any orders under this section that it	1412
determines equitable, including, but not limited to, either of the	1413
following types of orders:	1414

(1) An order granting a spouse the right to use the marital	1415
dwelling or any other marital property or separate property for	1416
any reasonable period of time;	1417

(2) An order requiring the sale or encumbrancing of any real	1418
or personal property, with the proceeds from the sale and the	1419
funds from any loan secured by the encumbrance to be applied as	1420
determined by the court.	1421

Sec. 3105.172.  (A) As used in the Revised Code,	1422
"distributive award" means any payment or payments, in real or	1423
personal property, that are payable in a lump sum or over time, in	1424
fixed amounts, from separate property or income, or from marital	1425
property, and not as compensatory spousal support as defined in	1426
section 3105.18 of the Revised Code, for the purpose of	1427
compensating a spouse for an economic loss suffered under certain	1428
circumstances, as the result of a marital relationship.	1429

(B) The court may make a distributive award to facilitate,	1430
effectuate, or supplement a division of marital property.	1431

(C) The court may make a distributive award in lieu of a	1432
division of marital property in order to achieve equity between	1433
the spouses, if the court determines that a division of the	1434
marital property in kind or in money would be impractical or	1435
burdensome.	1436

(D) If a spouse has engaged in financial misconduct,	1437
including the dissipation, destruction, concealment, or fraudulent	1438
disposition of assets, the court may compensate the offended	1439
spouse with a distributive award or with a greater award of	1440
marital property.	1441

(E) In any divorce, legal separation, or annulment action in	1442
which the length of the marital relationship is less than five	1443
years, a presumption arises that a spouse shall receive a	1444
distributive award under any of the following circumstances:	1445

(1) During the marital relationship, or in anticipation of	1446
it, the claimant spouse provided funds from the claimant's	1447
separate property or income, or funds were used from marital	1448
property or income, for the payment of tuition or other direct	1449
costs of the other spouse's education or training. An award under	1450
this division shall equal the total of the nonclaimant's direct	1451
education and training costs paid from the claimant's separate	1452
property and income, and one-half of such total costs paid from	1453
marital property and income.	1454

(2) During the marital relationship, or in anticipation of	1455
it, the claimant spouse expended or relinquished separate property	1456
or separate income, or gave up specific educational or	1457
occupational opportunities, that benefited the marital	1458
relationship or the nonclaimant spouse, and, at the time of	1459
termination of the marital relationship, the expended separate	1460
property or income is otherwise unrecoverable by the claimant	1461
spouse, or the lost educational or occupational opportunities	1462
leave the claimant spouse with an income-generating capacity that	1463
is significantly less than it was before the marital relationship	1464
commenced.	1465

(F) In any divorce, legal separation, or annulment action in	1466
which the length of the marital relationship is greater than five	1467
years, the court may make a distributive award, as provided in	1468
division (E) of this section, if it finds that any of the	1469
circumstances set forth in division (E)(1) or (2) of this section	1470
arose during the marital relationship and that it is equitable to	1471
make such an award regardless of the length of the marital	1472
relationship.	1473

(G) The court may require any distributive award to be	1474
secured by a lien on the obligor's specific marital property or	1475
separate property.	1476

(H) An award made under this section is not a form of	1477
compensatory spousal support that qualifies as alimony under	1478
applicable provisions of the Internal Revenue Code.	1479

(I) An award made under this section is not modifiable and is	1480
not affected by the death or remarriage of either party.	1481

(J) When a court makes a distributive award under this	1482
section, the court shall enter findings in the record that support	1483
the award.	1484

Sec. 3105.18.  (A) As used in this section and sections	1485
3105.181 to 3105.183 of the Revised Code:	1486

(1) "Compensatory spousal support" means any payment or	1487
payments to be made to a spouse or former spouse, or to a third	1488
party for the benefit of support and maintenance of a spouse or	1489
former spouse, and for the purpose of allocating the financial	1490
consequences that arise from the termination of the marital	1491
relationship in an action for divorce, dissolution of marriage,	1492
legal separation, or annulment; provided, however, the term does	1493
not include any cash payment made to a spouse or former spouse, or	1494
to a third party for the benefit of a spouse or former spouse,	1495
that is made as a result of a division or disbursement of property	1496
under section 3105.171 of the Revised Code or a distributive award	1497
under section 3105.172 of the Revised Code.	1498

(2) "Financial consequences" means the economic ramifications	1499
for both spouses resulting from a termination of their marital	1500
relationship, including the losses and benefits described in	1501
sections 3105.181 and 3105.183 of the Revised Code.	1502

(3) "Income generating capacity" means the total of all	1503
earned and unearned gross income from all sources, whether or not	1504
the income is taxable, and any potential income of the spouse or	1505
former spouse.	1506

(4) Subject to division (A)(5) of this section, "gross	1507
income" includes all of the following, reduced by gross income	1508
adjustments:	1509

(a) Salaries, wages, tips, vacation pay, and any other	1510
compensation, including voluntary employee contributions to	1511
deferred compensation plan accounts;	1512

(b) Overtime pay, commissions, draws against commissions, and	1513
bonuses to the extent of the lesser of the following amounts:	1514

(i) The yearly average of all overtime, commissions, draws	1515
against commissions, and bonuses received during the three	1516
calendar years immediately prior to the time when the compensatory	1517
spousal support award is being computed;	1518

(ii) The total overtime, commissions, draws against	1519
commissions, and bonuses received during the calendar year	1520
immediately prior to the time when the compensatory spousal	1521
support award is being computed.	1522

(c) Royalties, rents, dividends, severance pay, interest,	1523
trust income, and annuities;	1524

(d) Social security benefits, including retirement,	1525
disability, and survivor benefits that are not means-tested, and	1526
pension, profit-sharing, and retirement benefits in pay status,	1527
that were not previously divided as marital property between the	1528
parties, or considered as an offset of marital property between	1529
the parties in a division or distribution of property or a	1530
distributive award;	1531

(e) Workers' compensation benefits, unemployment insurance	1532
benefits, and disability insurance benefits;	1533

(f) Benefits that are not means-tested and that are received	1534
by and in the possession of a veteran who is the beneficiary of	1535
any service-connected disability under a program or law	1536
administered by the United States department of veterans' affairs	1537
or veterans' administration;	1538

(g) Spousal support or compensatory spousal support payments	1539
actually received from a former spouse;	1540

(h) Income of members of any branch of the United States	1541
armed services or national guard, including amounts representing	1542
base pay, basic allowance for quarters, basic allowance for	1543
subsistence, supplemental subsistence allowance, cost of living	1544
adjustment, specialty pay, variable housing allowance, and pay for	1545
training or other types of required drills;	1546

(i) Self-generated income;

1547

(j) Potential cash flow from any source.

1548

(5) "Gross income" does not include any of the following:

1549

(a) Benefits received from a government administered program	1550
that are means-tested, including Ohio works first; prevention,	1551
retention, and contingency; means-tested veterans' benefits;	1552
supplemental security income; supplemental nutrition assistance	1553
program benefits; disability assistance; and any other assistance	1554
for which eligibility is determined on the basis of income or	1555
assets;	1556

(b) Benefits for any service-connected disability under a	1557
program or law administered by the United States department of	1558
veterans' affairs or veterans' administration that are not	1559
means-tested, that have not been distributed to the veteran who is	1560
the beneficiary of the benefits, and that are in the possession of	1561
the United States department of veterans' affairs or veterans'	1562
administration;	1563

(c) Nonrecurring or unsustainable gross income or cash flow	1564
items;	1565

(d) Adoption assistance and foster care maintenance payments	1566
made pursuant to Title IV-E of the "Social Security Act," 94 Stat.	1567
501, 42 U.S.C. 670 (1980), as amended;	1568

(e) Child support received.

1569

(6) "Gross income adjustments" means all of the following:

1570

(a) Child support paid for a child not of a marriage with the	1571
payee under the compensatory spousal support order issued under	1572
this section;	1573

(b) Spousal support or a compensatory spousal support award	1574
actually paid by the payor to a former spouse to whom the payor	1575
was obligated pursuant to an order issued before the date of the	1576
marriage that is the subject of the action for divorce,	1577
dissolution, legal separation, or annulment;	1578

(c) Amounts paid for mandatory deductions from wages other	1579
than taxes, social security, or retirement in lieu of social	1580
security.	1581

(7) "Nonrecurring or unsustainable gross income" means cash	1582
flow the party receives in any year or for any number of years not	1583
to exceed three years that the party does not expect to continue	1584
to receive on a regular basis. "Nonrecurring or unsustainable	1585
gross income" does not include any of the following:	1586

(a) A lottery prize award that is paid in a form other than a	1587
lump sum;	1588

(b) Any other item of income that the party receives or	1589
expects to receive for each year for a period of more than three	1590
years;	1591

(c) Any other item of income that the party receives and	1592
invests or otherwise uses to produce gross income for a period of	1593
more than three years.	1594

(8) "Ordinary and necessary expenses incurred in generating	1595
gross receipts" means actual cash items expended by the party or	1596
the party's business and includes depreciation expenses of	1597
business equipment as shown on the accounting statements of a	1598
business entity but, except as otherwise specified in this	1599
division, does not include depreciation expenses and other noncash	1600
items that are allowed as deductions on any federal tax return of	1601
the party or the party's business.	1602

(9) "Potential income" means both of the following for a	1603
party who the court determines is voluntarily unemployed or	1604
voluntarily underemployed:	1605

(a) Imputed income that the court determines the party would	1606
have earned if fully employed, as determined from all of the	1607
following criteria:	1608

(i) The party's prior employment experience;

1609

(ii) The party's education;

1610

(iii) The party's physical and mental disabilities, if any;

1611

(iv) The availability of employment in the geographic area in	1612
which the party resides;	1613

(v) The prevailing wage and salary levels in the geographic	1614
area in which the party resides;	1615

(vi) The party's special skills and training;

1616

(vii) Whether there is evidence that the party has the	1617
ability to earn the imputed income;	1618

(viii) The party's increased income-generating capacity	1619
because of experience;	1620

(ix) Any other relevant factor.

1621

(b) Imputed income from any non-income-producing assets of a	1622
party, excluding the primary residence of each party, as	1623
determined from the local passbook savings rate or another	1624
appropriate rate as determined by the court, not to exceed the	1625
rate of interest specified in division (A) of section 1343.03 of	1626
the Revised Code, if the income is significant.	1627

(10) "Self-generated income" means gross receipts received by	1628
a party from self-employment, proprietorship of a business, joint	1629
ownership of a partnership or closely held corporation, and rents	1630
minus ordinary and necessary expenses incurred by the party in	1631
generating the gross receipts. "Self-generated income" includes	1632
expense reimbursements or in-kind payments received by a party	1633
from self-employment, the operation of a business, or rents,	1634
including motor vehicles, housing, reimbursements for meals, and	1635
other benefits, if the reimbursements or in-kind payments are	1636
significant and reduce personal living expenses.	1637

(11) The "length of the marital relationship" shall be the	1638
period of time from the date of the ceremonial marriage through	1639
the date of the filing of the first complaint in any action	1640
seeking a legal separation or a termination of marriage, if the	1641
complaint in fact leads to a decree of divorce or legal	1642
separation; provided, however, if the court determines that the	1643
length of the marital relationship as determined by such dates	1644
would be inequitable, the court may adjust the length of the	1645
marital relationship by selecting dates that it considers	1646
equitable in determining any compensatory spousal support award.	1647
In determining whether the length of the marital relationship	1648
should be adjusted, the court may consider the nature and extent	1649
of the financial circumstances of the spouses during any period of	1650
premarital cohabitation between the spouses; provided, however,	1651
the court may not adjust the length of the marital relationship to	1652
include any portion of such period of premarital cohabitation	1653
unless the court, by clear and convincing evidence, specifically	1654
finds that a failure to do so will create an inequitable result.	1655
If the court adjusts the dates that it considers equitable in	1656
determining any compensatory spousal support award, the "length of	1657
the marital relationship" means the period of time between those	1658
dates selected and specified by the court.	1659

(B) As used in the Revised Code and other binding court	1660
orders or documents, "spousal support" has the same meaning as	1661
"compensatory spousal support" unless the context otherwise	1662
indicates.	1663

Sec. 3105.181. (A) Upon the request of either spouse, after	1664
the court determines a division or disbursement of property or a	1665
distributive award, and before the court determines child support,	1666
if any, the court of common pleas in divorce and legal separation	1667
proceedings shall, and in an annulment proceeding may, determine a	1668
reasonable and appropriate compensatory spousal support award.	1669

(1) In determining a compensatory spousal support award, the	1670
court shall consider any evidence offered by the parties regarding	1671
the impact of all applicable federal, state, and local income tax	1672
laws upon both spouses.	1673

(2) In determining a compensatory spousal support award, each	1674
spouse shall be considered as having contributed equally to the	1675
production of marital income.	1676

(B)(1) The court may grant an award of compensatory spousal	1677
support based on the facts and circumstances of the case when the	1678
amount and terms of the award are reasonable and appropriate. It	1679
shall be presumed that the granting of a compensatory spousal	1680
support award is reasonable and appropriate when the length of the	1681
marital relationship has been at least five years and the claimant	1682
spouse's income-generating capacity is sixty per cent or less of	1683
the other spouse's income-generating capacity. This presumption	1684
may be rebutted by a preponderance of the evidence.	1685

(2) The loss in the ability of a spouse to maintain the	1686
marital standard of living after termination of a marital	1687
relationship, when the length of the marital relationship was of	1688
sufficient duration that equity requires that a portion of the	1689
loss be treated as the joint responsibility of both spouses, shall	1690
be presumed to be an appropriate reason for making a compensatory	1691
spousal support award in a proceeding for divorce, dissolution of	1692
marriage, or legal separation, and may be presumed to be an	1693
appropriate reason for making such an award in an annulment.	1694

(C) Unless the original compensatory spousal support award	1695
specifically states otherwise, an obligation to make periodic	1696
payments under sections 3105.18 to 3105.183 of the Revised Code	1697
shall terminate upon the death of either the obligor or the	1698
obligee, or upon the remarriage of the obligee.	1699

(D) Sections 3105.172 and 3105.18 to 3105.183 of the Revised	1700
Code shall not prevent or limit a court from granting an award of	1701
temporary spousal support, pursuant to the Rules of Civil	1702
Procedure, while any divorce, legal separation, or annulment	1703
action, or any post-decree motion or appeal to a court of appeals,	1704
is pending final disposition. The amount and terms of any order	1705
for temporary spousal support shall be reasonable and appropriate	1706
based upon the facts and circumstances of each case; provided,	1707
however, the court shall give the payor credit for any temporary	1708
spousal support payments made as an offset against any	1709
compensatory spousal support award entered by the court as part of	1710
the final decree or order.	1711

(E) A court may reserve jurisdiction in the original decree	1712
to make a compensatory spousal support award at a later date, if a	1713
change of circumstances makes such an award equitable.	1714

(F) Nothing in sections 3105.181 to 3105.183 of the Revised	1715
Code shall preclude or foreclose a spouse from bringing a	1716
recognizable claim for injuries or losses resulting from conduct	1717
by the other spouse that occurred during the marriage.	1718

Sec. 3105.182.  After a court determines that a claimant	1719
spouse is entitled to a compensatory spousal support award	1720
pursuant to sections 3105.181 to 3105.183 of the Revised Code, the	1721
court shall determine the form, duration, and amount of the award	1722
in accordance with this section.	1723

(A) A compensatory spousal support award may be made in any	1724
or all of the following forms, as the court considers reasonable	1725
and appropriate:	1726

(1) Real property;

1727

(2) Personal property;

1728

(3) A sum of money, payable either in a lump sum or periodic	1729
payments of cash from future income or otherwise.	1730

(B) The duration of a compensatory spousal support award	1731
shall be reasonable and appropriate based upon the facts and	1732
circumstances of each case. In determining the duration of a	1733
compensatory spousal support award for periodic payments, the	1734
court shall consider the length of the marital relationship.	1735

(C) It shall be presumed that the duration of such a	1736
compensatory spousal support award is indefinite if the length of	1737
the marital relationship is twenty-five years or longer and is	1738
definite if the length of the marital relationship is less than	1739
twenty-five years. This presumption may be rebutted by a	1740
preponderance of the evidence. A definite duration of compensatory	1741
spousal support shall be computed by multiplying the length of the	1742
marital relationship in months by an appropriate percentage	1743
selected by the court from the following applicable range of	1744
percentages:	1745

(1) For a marital relationship of at least five years, but	1746
less than ten years, thirty to thirty-five per cent;	1747

(2) For a marital relationship of at least ten years, but	1748
less than fifteen years, thirty-five to forty per cent;	1749

(3) For a marital relationship of at least fifteen years, but	1750
less than twenty years, forty to forty-five per cent;	1751

(4) For a marital relationship of at least twenty years, but	1752
less than twenty-five years, forty-five to fifty per cent.	1753

(D) The amount of a compensatory spousal support award shall	1754
be reasonable and appropriate based upon the facts and	1755
circumstances of each case. The method for computing the amount of	1756
such an award is the amount that equals the difference in the	1757
income-generating capacities of both spouses multiplied by an	1758
appropriate percentage selected by the court from the following	1759
applicable range of percentages:	1760

(1) For a marital relationship of at least five years, but	1761
less than ten years, twenty-five to thirty per cent;	1762

(2) For a marital relationship of at least ten years, but	1763
less than fifteen years, thirty to thirty-five per cent;	1764

(3) For a marital relationship of at least fifteen years, but	1765
less than twenty years, thirty-five to forty per cent;	1766

(4) For a marital relationship of twenty years or more, forty	1767
to fifty per cent.	1768

(E)(1) In selecting an appropriate percentage figure within	1769
any range for the duration and amount of a compensatory spousal	1770
support award, or in exercising discretion to deviate from such	1771
ranges, the court may consider the following factors:	1772

(a) The ages and the physical, mental, and emotional	1773
conditions of the parties;	1774

(b) The extent to which it would be inappropriate for a	1775
party, because that party will be custodian of a minor or	1776
dependent child of the marital relationship, to seek employment	1777
outside the home;	1778

(c) The standard of living of the parties established during	1779
the marital relationship and the future cost of living of both	1780
parties after their separation;	1781

(d) The relative extent of education of the parties;

1782

(e) The loss either spouse incurs resulting from that	1783
spouse's personal or financial contribution or investment in the	1784
training, education, and income-generating capacity of the other	1785
spouse, from relocating for the other spouse's employment when the	1786
relocation adversely affected the spouse's ability to further a	1787
career, or from any similar personal or financial investment made	1788
in the other spouse's income-generating capacity;	1789

(f) The time and expense necessary for the claimant spouse to	1790
acquire education, training, or job experience so that the spouse	1791
will be qualified to obtain appropriate employment, provided the	1792
education, training, or job experience and employment is, in fact,	1793
sought;	1794

(g) The loss in income-generating capacity of either spouse	1795
resulting from the performance of marital responsibilities,	1796
including any loss that arises from a spouse providing a	1797
disproportionate share, during the marital relationship, of the	1798
care of one or more of the following:	1799

(i) Any child of the marriage;

1800

(ii) A child of the other spouse;

1801

(iii) Any sick, elderly, or disabled third party in	1802
fulfillment of a marital responsibility.	1803

(h) Any other factor that the court expressly finds to be	1804
relevant and equitable.	1805

(2) If an award is made pursuant to this section in which the	1806
duration or amount deviates from the ranges of percentages set	1807
forth in this section, the court shall make written findings of	1808
fact that the result would be unreasonable or inappropriate	1809
without the deviation.	1810

Sec. 3105.183.  (A) For any compensatory spousal support	1811
awards made under this chapter, or, if a continuing order for	1812
periodic payments of money as alimony was entered in a divorce or	1813
dissolution of marriage action that was determined on or after May	1814
2, 1986, and before January 1, 1991, or if a continuing order for	1815
periodic payments of money as spousal support was entered in a	1816
divorce or dissolution of marriage action that was determined on	1817
or after January 1, 1991, the court that entered the decree of	1818
divorce or dissolution of marriage does not have jurisdiction to	1819
modify the amount or terms of the alimony, spousal support, or	1820
compensatory spousal support award, unless the court determines	1821
that the circumstances of either party have changed and unless one	1822
of the following applies:	1823

(1) In the case of a divorce, the decree or separation	1824
agreement of the parties to the divorce that is incorporated into	1825
the decree contains a provision specifically authorizing the court	1826
to modify the amount or terms of alimony, spousal support, or	1827
compensatory spousal support award.	1828

(2) In the case of a dissolution of marriage, the separation	1829
agreement that is approved by the court and incorporated into the	1830
decree contains a provision specifically authorizing the court to	1831
modify the amount or terms of alimony, spousal support, or	1832
compensatory spousal support award.	1833

(B) In an action brought solely for an order for legal	1834
separation under section 3105.17 of the Revised Code, any	1835
continuing order for periodic payments of money entered pursuant	1836
to sections 3105.18 to 3105.183 of the Revised Code is subject to	1837
further order of the court upon changed circumstances of either	1838
party.	1839

(C) Any modified compensatory spousal support award is	1840
subject to the same continuing jurisdiction of the court, as	1841
provided in the original decree, unless the order modifying the	1842
prior compensatory spousal support award specifically provides	1843
otherwise.	1844

(D) For purposes of this section, a substantial change of	1845
circumstances of a party, whether foreseeable or not, includes any	1846
increase or involuntary decrease in a party's income, living	1847
expenses, or medical expenses, and may include the retirement of	1848
either party.	1849

(E) The amount and duration of any compensatory spousal	1850
support award that modifies an existing order for alimony, spousal	1851
support, or compensatory spousal support award shall be determined	1852
by applying all provisions set forth in section 3105.182 of the	1853
Revised Code, even if not applied in determining the existing	1854
award, except that the provisions found in section 3105.182 of the	1855
Revised Code shall not constitute the sole change in circumstances	1856
for any such order or award existing before section 3105.182 of	1857
the Revised Code was enacted.	1858

(F) In determining whether to modify an existing order for	1859
alimony, spousal support, or compensatory spousal support award,	1860
the court shall consider any purpose expressed in the initial	1861
order or award.	1862

(G) In post-decree modification proceedings, the court may	1863
consider whether to include or exclude current income attributable	1864
to assets that were previously divided between the parties as	1865
marital property.	1866

(H) A court's authority to modify an award includes the	1867
authority to defer payment of, suspend, or terminate the award.	1868
Except in the case of a deferral of payment, jurisdiction to	1869
modify an award of definite duration shall not include	1870
jurisdiction to extend the duration of an award unless the decree	1871
specifically states otherwise. A deferral of payment of	1872
compensatory spousal support may extend the original term of	1873
periodic payments, not to exceed the period of deferral. During a	1874
period of deferral of payments, no obligation to pay compensatory	1875
spousal support shall accrue. During a period of suspension of	1876
payments, no obligation to pay compensatory spousal support shall	1877
accrue. Once an award is terminated, it cannot be revived.	1878

(I) An obligation to make periodic payments pursuant to	1879
sections 3105.182 and 3105.183 of the Revised Code may be modified	1880
or terminated, in the discretion of the court, if the obligee and	1881
a third person have cohabited. In determining whether persons	1882
cohabit, the court may consider the extent to which their	1883
relationship fosters the parties' economic interdependence, or the	1884
economic dependence of one party upon the other, the extent to	1885
which they intermingle the financial obligations of the common	1886
household, and any other factor the court expressly finds to be	1887
relevant and equitable.	1888

(J) An award modified or terminated pursuant to this section	1889
shall be effective on the date the motion is filed, unless the	1890
court determines otherwise.	1891

(K) If a person required to pay alimony under an order made	1892
or modified by a court on or after December 1, 1986, and before	1893
January 1, 1991, any person required to pay spousal support under	1894
an order made or modified by a court on or after January 1, 1991,	1895
and before the effective date of this section, or any person	1896
required to pay compensatory spousal support under an order made	1897
or modified by the court on or after the effective date of this	1898
section is found in contempt of court for failure to make any such	1899
payments due under the order, the court that makes the finding, in	1900
addition to any other penalty or remedy imposed, shall assess all	1901
court costs arising out of the contempt proceeding against the	1902
person in contempt and shall require the person in contempt to pay	1903
any reasonable attorney's fees of any adverse party, as determined	1904
by the court, that arose in relation to the act of contempt.	1905

Sec. 3105.63.  (A)(1) A petition for dissolution of marriage	1906
shall be signed by both spouses and shall have attached and	1907
incorporated a separation agreement agreed to by both spouses. The	1908
separation agreement shall provide for a division of all property;	1909
compensatory spousal support; if there are minor children of the	1910
marriage, the allocation of parental rights and responsibilities	1911
for the care of the minor children, the designation of a	1912
residential parent and legal custodian of the minor children,	1913
child support, and parenting time rights; and, if the spouses so	1914
desire, an authorization for the court to modify the amount or	1915
terms of compensatory spousal support, or the division of	1916
property, provided in the separation agreement. If there are minor	1917
children of the marriage, the spouses may address the allocation	1918
of the parental rights and responsibilities for the care of the	1919
minor children by including in the separation agreement a plan	1920
under which both parents will have shared rights and	1921
responsibilities for the care of the minor children. The spouses	1922
shall file the plan with the petition for dissolution of marriage	1923
and shall include in the plan the provisions described in division	1924
(G) of section 3109.04 of the Revised Code.	1925

(2) The division of property in the separation agreement	1926
shall include any participant account, as defined in section	1927
148.01 of the Revised Code, of either of the spouses, to the	1928
extent of the following:	1929

(a) The moneys that have been deferred by a continuing member	1930
or participating employee, as defined in that section, and that	1931
have been transmitted to the Ohio public employees deferred	1932
compensation board during the marriage and any income that is	1933
derived from the investment of those moneys during the marriage;	1934

(b) The moneys that have been deferred by an officer or	1935
employee of a municipal corporation and that have been transmitted	1936
to the governing board, administrator, depository, or trustee of	1937
the deferred compensation program of the municipal corporation	1938
during the marriage and any income that is derived from the	1939
investment of those moneys during the marriage;	1940

(c) The moneys that have been deferred by an officer or	1941
employee of a government unit, as defined in section 148.06 of the	1942
Revised Code, and that have been transmitted to the governing	1943
board, as defined in that section, during the marriage and any	1944
income that is derived from the investment of those moneys during	1945
the marriage.	1946

(3) The separation agreement shall not require or permit the	1947
division or disbursement of the moneys and income described in	1948
division (A)(2) of this section to occur in a manner that is	1949
inconsistent with the law, rules, or plan governing the deferred	1950
compensation program involved or prior to the time that the spouse	1951
in whose name the participant account is maintained commences	1952
receipt of the moneys and income credited to the account in	1953
accordance with that law, rules, and plan.	1954

(B) An amended separation agreement may be filed at any time	1955
prior to or during the hearing on the petition for dissolution of	1956
marriage. Upon receipt of a petition for dissolution of marriage,	1957
the court may cause an investigation to be made pursuant to the	1958
Rules of Civil Procedure.	1959

(C)(1) If a petition for dissolution of marriage contains an	1960
authorization for the court to modify the amount or terms of	1961
compensatory spousal support provided in the separation agreement,	1962
the modification shall be in accordance with sectionsections	1963
3105.18 to 3105.183 of the Revised Code.	1964

(2) If a petition for dissolution of marriage contains an	1965
authorization for the court to modify the division of property	1966
provided in the separation agreement, the modification shall be	1967
made with the express written consent or agreement of both	1968
spouses.	1969

Sec. 3105.65.  (A) If, at the time of the hearing, either	1970
spouse is not satisfied with the separation agreement or does not	1971
wish a dissolution of the marriage and if neither spouse files a	1972
motion pursuant to division (C) of this section to convert the	1973
action to an action for divorce, the court shall dismiss the	1974
petition and refuse to validate the proposed separation agreement.	1975

(B) If, upon review of the testimony of both spouses and of	1976
the report of the investigator pursuant to the Rules of Civil	1977
Procedure, the court approves the separation agreement and any	1978
amendments to it agreed upon by the parties, it shall grant a	1979
decree of dissolution of marriage that incorporates the separation	1980
agreement. If the separation agreement contains a plan for the	1981
exercise of shared parenting by the spouses, the court shall	1982
review the plan in accordance with the provisions of division	1983
(D)(1) of section 3109.04 of the Revised Code that govern the	1984
review of a pleading or motion requesting shared parenting jointly	1985
submitted by both spouses to a marriage. A decree of dissolution	1986
of marriage has the same effect upon the property rights of the	1987
parties, including rights of dower and inheritance, as a decree of	1988
divorce. The court has full power to enforce its decree and	1989
retains jurisdiction to modify all matters pertaining to the	1990
allocation of parental rights and responsibilities for the care of	1991
the children, to the designation of a residential parent and legal	1992
custodian of the children, to child support, to parenting time of	1993
parents with the children, and to visitation for persons who are	1994
not the children's parents. The court, only in accordance with	1995
division (E)(2) of sectionsections 3105.18 to 3105.183 of the	1996
Revised Code, may modify the amount or terms of compensatory	1997
spousal support. The court may modify the division of property	1998
provided in the separation agreement only upon the express written	1999
consent or agreement of both spouses.	2000

(C) At any time before a decree of dissolution of marriage	2001
has been granted under division (B) of this section, either spouse	2002
may convert the action for dissolution of marriage into a divorce	2003
action by filing a motion with the court in which the action for	2004
dissolution of marriage is pending for conversion of the action	2005
for dissolution of marriage. The motion shall contain a complaint	2006
for divorce that contains grounds for a divorce and that otherwise	2007
complies with the Rules of Civil Procedure and this chapter. The	2008
divorce action then shall proceed in accordance with the Rules of	2009
Civil Procedure in the same manner as if the motion had been the	2010
original complaint in the action, including, but not limited to,	2011
the issuance and service of summons pursuant to Civil Rules 4 to	2012
4.6, except that no court fees shall be charged upon conversion of	2013
the action for dissolution of marriage into a divorce action under	2014
this division.	2015

Sec. 3105.73. (A) In an action for divorce, dissolution,	2016
legal separation, or annulment of marriage or an appeal of that	2017
action, a court may award all or part of reasonable attorney's	2018
fees and litigation expenses to either party if the court finds	2019
the award equitable. In determining whether an award is equitable,	2020
the court may consider the parties' marital assets and income, any	2021
award of temporary spousal support, the conduct of the parties,	2022
and any other relevant factors the court deems appropriate.	2023

(B) In any post-decree motion or proceeding that arises out	2024
of an action for divorce, dissolution, legal separation, or	2025
annulment of marriage or an appeal of that motion or proceeding,	2026
the court may award all or part of reasonable attorney's fees and	2027
litigation expenses to either party if the court finds the award	2028
equitable. In determining whether an award is equitable, the court	2029
may consider the parties' income, the conduct of the parties, and	2030
any other relevant factors the court deems appropriate, but it may	2031
not consider the parties' assets.	2032

(C) The court may specify whether the award of attorney's	2033
fees and litigation expenses under this section is payable in	2034
gross or by installments. The court may make an award of	2035
attorney's fees and litigation expenses under this section in	2036
addition to making an award of attorney's fees and litigation	2037
expenses under any other provision of the Revised Code or of the	2038
Rules of Civil Procedure.	2039

(D) Nothing in this section prevents an award of attorney's	2040
fees and litigation expenses from being designated as compensatory	2041
spousal support, as defined in section 3105.18 of the Revised	2042
Code.	2043

Sec. 3105.89.  Notwithstanding division (I)(H) of section	2044
3105.171 of the Revised Code:	2045

(A) The court shall retain jurisdiction to modify, supervise,	2046
or enforce the implementation of an order described in section	2047
3105.81 of the Revised Code.	2048

(B) The court may modify an order issued under section	2049
3105.171 or 3105.65 of the Revised Code that was effective prior	2050
to the effective date of this sectionJanuary 1, 2002, for the	2051
purpose of enforcing the order or carrying into effect the	2052
manifest intentions of the parties. A modified order must meet the	2053
requirements of section 3105.82 of the Revised Code.	2054

Sec. 3109.06.  Except as provided in division (K) of section	2055
2301.03 of the Revised Code, any court, other than a juvenile	2056
court, that has jurisdiction in any case respecting the allocation	2057
of parental rights and responsibilities for the care of a child	2058
under eighteen years of age and the designation of the child's	2059
place of residence and legal custodian or in any case respecting	2060
the support of a child under eighteen years of age, may, on its	2061
own motion or on motion of any interested party, with the consent	2062
of the juvenile court, certify the record in the case or so much	2063
of the record and such further information, in narrative form or	2064
otherwise, as the court deems necessary or the juvenile court	2065
requests, to the juvenile court for further proceedings; upon the	2066
certification, the juvenile court shall have exclusive	2067
jurisdiction.	2068

In cases in which the court of common pleas finds the parents	2069
unsuitable to have the parental rights and responsibilities for	2070
the care of the child or children and unsuitable to provide the	2071
place of residence and to be the legal custodian of the child or	2072
children, consent of the juvenile court shall not be required to	2073
such certification. This section applies to actions pending on	2074
August 28, 1951.	2075

In any case in which a court of common pleas, or other court	2076
having jurisdiction, has issued an order that allocates parental	2077
rights and responsibilities for the care of minor children and	2078
designates their place of residence and legal custodian of minor	2079
children, has made an order for support of minor children, or has	2080
done both, the jurisdiction of the court shall not abate upon the	2081
death of the person awarded custody but shall continue for all	2082
purposes during the minority of the children. The court, upon its	2083
own motion or the motion of either parent or of any interested	2084
person acting on behalf of the children, may proceed to make	2085
further disposition of the case in the best interests of the	2086
children and subject to sections 3109.42 to 3109.48 of the Revised	2087
Code. If the children are under eighteen years of age, it may	2088
certify them, pursuant to this section, to the juvenile court of	2089
any county for further proceedings. After certification to a	2090
juvenile court, the jurisdiction of the court of common pleas, or	2091
other court, shall cease, except as to any payments of	2092
compensatory spousal support due for the spouse and support	2093
payments due and unpaid for the children at the time of the	2094
certification.	2095

Any disposition made pursuant to this section, whether by a	2096
juvenile court after a case is certified to it, or by any court	2097
upon the death of a person awarded custody of a child, shall be	2098
made in accordance with sections 3109.04 and 3109.42 to 3109.48 of	2099
the Revised Code. If an appeal is taken from a decision made	2100
pursuant to this section that allocates parental rights and	2101
responsibilities for the care of a minor child and designates the	2102
child's place of residence and legal custodian, the court of	2103
appeals shall give the case calendar priority and handle it	2104
expeditiously.	2105

Sec.  3111.69.  The office of child support in the department	2106
of job and family services and a child support enforcement agency	2107
may examine the putative father registry established under section	2108
3107.062 of the Revised Code to locate an absent parent for the	2109
purpose of the office or agency carrying out its duties under the	2110
child and compensatory spousal support enforcement programs	2111
established under Chapter 3125. of the Revised Code. Neither the	2112
office nor an agency shall use the information it receives from	2113
the registry for any purpose other than child and compensatory	2114
spousal support enforcement.	2115

Sec. 3119.01.  (A) As used in the Revised Code, "child	2116
support enforcement agency" means a child support enforcement	2117
agency designated under former section 2301.35 of the Revised Code	2118
prior to October 1, 1997, or a private or government entity	2119
designated as a child support enforcement agency under section	2120
307.981 of the Revised Code.	2121

(B) As used in this chapter and Chapters 3121., 3123., and	2122
3125. of the Revised Code:	2123

(1) "Administrative child support order" means any order	2124
issued by a child support enforcement agency for the support of a	2125
child pursuant to section 3109.19 or 3111.81 of the Revised Code	2126
or former section 3111.211 of the Revised Code, section 3111.21 of	2127
the Revised Code as that section existed prior to January 1, 1998,	2128
or section 3111.20 or 3111.22 of the Revised Code as those	2129
sections existed prior to March 22, 2001.	2130

(2) "Child support order" means either a court child support	2131
order or an administrative child support order.	2132

(3) "Obligee" means the person who is entitled to receive the	2133
support payments under a support order.	2134

(4) "Obligor" means the person who is required to pay support	2135
under a support order.	2136

(5) "Support order" means either an administrative child	2137
support order or a court support order.	2138

(C) As used in this chapter:

2139

(1) "Combined gross income" means the combined gross income	2140
of both parents.	2141

(2) "Court child support order" means any order issued by a	2142
court for the support of a child pursuant to Chapter 3115. of the	2143
Revised Code, section 2151.23, 2151.231, 2151.232, 2151.33,	2144
2151.36, 2151.361, 2151.49, 3105.21, 3109.05, 3109.19, 3111.13,	2145
3113.04, 3113.07, 3113.31, 3119.65, or 3119.70 of the Revised	2146
Code, or division (B) of former section 3113.21 of the Revised	2147
Code.	2148

(3) "Court support order" means either a court child support	2149
order or an order for the support of a spouse or former spouse	2150
issued pursuant to Chapter 3115. of the Revised Code, section	2151
sections 3105.18 to 3105.183, 3105.65, or 3113.31 of the Revised	2152
Code, or division (B) of former section 3113.21 of the Revised	2153
Code.	2154

(4) "Extraordinary medical expenses" means any uninsured	2155
medical expenses incurred for a child during a calendar year that	2156
exceed one hundred dollars.	2157

(5) "Income" means either of the following:

2158

(a) For a parent who is employed to full capacity, the gross	2159
income of the parent;	2160

(b) For a parent who is unemployed or underemployed, the sum	2161
of the gross income of the parent and any potential income of the	2162
parent.	2163

(6) "Insurer" means any person authorized under Title XXXIX	2164
of the Revised Code to engage in the business of insurance in this	2165
state, any health insuring corporation, and any legal entity that	2166
is self-insured and provides benefits to its employees or members.	2167

(7) "Gross income" means, except as excluded in division	2168
(C)(7) of this section, the total of all earned and unearned	2169
income from all sources during a calendar year, whether or not the	2170
income is taxable, and includes income from salaries, wages,	2171
overtime pay, and bonuses to the extent described in division (D)	2172
of section 3119.05 of the Revised Code; commissions; royalties;	2173
tips; rents; dividends; severance pay; pensions; interest; trust	2174
income; annuities; social security benefits, including retirement,	2175
disability, and survivor benefits that are not means-tested;	2176
workers' compensation benefits; unemployment insurance benefits;	2177
disability insurance benefits; benefits that are not means-tested	2178
and that are received by and in the possession of the veteran who	2179
is the beneficiary for any service-connected disability under a	2180
program or law administered by the United States department of	2181
veterans' affairs or veterans' administration; compensatory	2182
spousal support actually received; and all other sources of	2183
income. "Gross income" includes income of members of any branch of	2184
the United States armed services or national guard, including,	2185
amounts representing base pay, basic allowance for quarters, basic	2186
allowance for subsistence, supplemental subsistence allowance,	2187
cost of living adjustment, specialty pay, variable housing	2188
allowance, and pay for training or other types of required drills;	2189
self-generated income; and potential cash flow from any source.	2190

"Gross income" does not include any of the following:

2191

(a) Benefits received from means-tested government	2192
administered programs, including Ohio works first; prevention,	2193
retention, and contingency; means-tested veterans' benefits;	2194
supplemental security income; supplemental nutrition assistance	2195
program; disability financial assistance; or other assistance for	2196
which eligibility is determined on the basis of income or assets;	2197

(b) Benefits for any service-connected disability under a	2198
program or law administered by the United States department of	2199
veterans' affairs or veterans' administration that are not	2200
means-tested, that have not been distributed to the veteran who is	2201
the beneficiary of the benefits, and that are in the possession of	2202
the United States department of veterans' affairs or veterans'	2203
administration;	2204

(c) Child support received for children who were not born or	2205
adopted during the marriage at issue;	2206

(d) Amounts paid for mandatory deductions from wages such as	2207
union dues but not taxes, social security, or retirement in lieu	2208
of social security;	2209

(e) Nonrecurring or unsustainable income or cash flow items;

2210

(f) Adoption assistance and foster care maintenance payments	2211
made pursuant to Title IV-E of the "Social Security Act," 94 Stat.	2212
501, 42 U.S.C.A. 670 (1980), as amended.	2213

(8) "Nonrecurring or unsustainable income or cash flow item"	2214
means an income or cash flow item the parent receives in any year	2215
or for any number of years not to exceed three years that the	2216
parent does not expect to continue to receive on a regular basis.	2217
"Nonrecurring or unsustainable income or cash flow item" does not	2218
include a lottery prize award that is not paid in a lump sum or	2219
any other item of income or cash flow that the parent receives or	2220
expects to receive for each year for a period of more than three	2221
years or that the parent receives and invests or otherwise uses to	2222
produce income or cash flow for a period of more than three years.	2223

(9)(a) "Ordinary and necessary expenses incurred in	2224
generating gross receipts" means actual cash items expended by the	2225
parent or the parent's business and includes depreciation expenses	2226
of business equipment as shown on the books of a business entity.	2227

(b) Except as specifically included in "ordinary and	2228
necessary expenses incurred in generating gross receipts" by	2229
division (C)(9)(a) of this section, "ordinary and necessary	2230
expenses incurred in generating gross receipts" does not include	2231
depreciation expenses and other noncash items that are allowed as	2232
deductions on any federal tax return of the parent or the parent's	2233
business.	2234

(10) "Personal earnings" means compensation paid or payable	2235
for personal services, however denominated, and includes wages,	2236
salary, commissions, bonuses, draws against commissions, profit	2237
sharing, vacation pay, or any other compensation.	2238

(11) "Potential income" means both of the following for a	2239
parent who the court pursuant to a court support order, or a child	2240
support enforcement agency pursuant to an administrative child	2241
support order, determines is voluntarily unemployed or voluntarily	2242
underemployed:	2243

(a) Imputed income that the court or agency determines the	2244
parent would have earned if fully employed as determined from the	2245
following criteria:	2246

(i) The parent's prior employment experience;

2247

(ii) The parent's education;

2248

(iii) The parent's physical and mental disabilities, if any;

2249

(iv) The availability of employment in the geographic area in	2250
which the parent resides;	2251

(v) The prevailing wage and salary levels in the geographic	2252
area in which the parent resides;	2253

(vi) The parent's special skills and training;

2254

(vii) Whether there is evidence that the parent has the	2255
ability to earn the imputed income;	2256

(viii) The age and special needs of the child for whom child	2257
support is being calculated under this section;	2258

(ix) The parent's increased earning capacity because of	2259
experience;	2260

(x) Any other relevant factor.

2261

(b) Imputed income from any nonincome-producing assets of a	2262
parent, as determined from the local passbook savings rate or	2263
another appropriate rate as determined by the court or agency, not	2264
to exceed the rate of interest specified in division (A) of	2265
section 1343.03 of the Revised Code, if the income is significant.	2266

(12) "Schedule" means the basic child support schedule set	2267
forth in section 3119.021 of the Revised Code.	2268

(13) "Self-generated income" means gross receipts received by	2269
a parent from self-employment, proprietorship of a business, joint	2270
ownership of a partnership or closely held corporation, and rents	2271
minus ordinary and necessary expenses incurred by the parent in	2272
generating the gross receipts. "Self-generated income" includes	2273
expense reimbursements or in-kind payments received by a parent	2274
from self-employment, the operation of a business, or rents,	2275
including company cars, free housing, reimbursed meals, and other	2276
benefits, if the reimbursements are significant and reduce	2277
personal living expenses.	2278

(14) "Split parental rights and responsibilities" means a	2279
situation in which there is more than one child who is the subject	2280
of an allocation of parental rights and responsibilities and each	2281
parent is the residential parent and legal custodian of at least	2282
one of those children.	2283

(15) "Worksheet" means the applicable worksheet that is used	2284
to calculate a parent's child support obligation as set forth in	2285
sections 3119.022 and 3119.023 of the Revised Code.	2286

Sec. 3119.022.  When a court or child support enforcement	2287
agency calculates the amount of child support to be paid pursuant	2288
to a child support order in a proceeding in which one parent is	2289
the residential parent and legal custodian of all of the children	2290
who are the subject of the child support order or in which the	2291
court issues a shared parenting order, the court or agency shall	2292
use a worksheet identical in content and form to the following:	2293

CHILD SUPPORT COMPUTATION WORKSHEET	2294

SOLE RESIDENTIAL PARENT OR SHARED PARENTING ORDER	2295

Name of parties ................................................	2296

Case No. .......................................................	2297

Number of minor children .......................................	2298

The following parent was designated as residential parent and	2299
legal custodian: ...... mother ...... father ...... shared	2300

				Column I		Column II		Column III			2301
				Father		Mother		Combined			2302
INCOME:											2303
1.a.		Annual gross income from employment or, when determined appropriate by the court or agency, average annual gross income from employment over a reasonable period of years. (Exclude overtime, bonuses, self-employment income, or commissions)									2304
				$......		$......					2305
b.		Amount of overtime, bonuses, and commissions (year 1 representing the most recent year)									2306

Father		Mother		2307
Yr. 3 $..........		Yr. 3 $..........		2308
(Three years ago)		(Three years ago)		2309
Yr. 2 $..........		Yr. 2 $..........		2310
(Two years ago)		(Two years ago)		2311
Yr. 1 $..........		Yr. 1 $..........		2312
(Last calendar year)		(Last calendar year)		2313
Average $.........		Average $.........		2314

		(Include in Col. I and/or Col. II the average of the three years or the year 1 amount, whichever is less, if there exists a reasonable expectation that the total earnings from overtime and/or bonuses during the current calendar year will meet or exceed the amount that is the lower of the average of the three years or the year 1 amount. If, however, there exists a reasonable expectation that the total earnings from overtime/bonuses during the current calendar year will be less than the lower of the average of the 3 years or the year 1 amount, include only the amount reasonably expected to be earned this year.)									2315
				$......		$......					2316
2.		For self-employment income:									2317
a.		Gross receipts from business									2318
				$......		$......					2319
b.		Ordinary and necessary business expenses									2320
				$......		$......					2321
c.		5.6% of adjusted gross income or the actual marginal difference between the actual rate paid by the self-employed individual and the F.I.C.A. rate									2322
				$......		$......					2323
d.		Adjusted gross income from self-employment (subtract the sum of 2b and 2c from 2a)									2324
				$......		$......					2325
3.		Annual income from interest and dividends (whether or not taxable)									2326
				$......		$......					2327
4.		Annual income from unemployment compensation									2328
				$......		$......					2329
5.		Annual income from workers' compensation, disability insurance benefits, or social security disability/retirement benefits									2330
				$......		$......					2331
6.		Other annual income (identify)									2332
				$......		$......					2333
7.a.		Total annual gross income (add lines 1a, 1b, 2d, and 3-6)									2334
				$......		$......					2335
b.		Health insurance maximum (multiply line 7a by 5%)		$......		$......					2336
ADJUSTMENTS TO INCOME:											2337
8.		Adjustment for minor children born to or adopted by either parent and another parent who are living with this parent; adjustment does not apply to stepchildren (number of children times federal income tax exemption less child support received, not to exceed the federal tax exemption)									2338
				$......		$......					2339
9.		Annual court-ordered support paid for other children									2340
				$.....		$......					2341
10.		Annual court-ordered compensatory spousal support paid to any spouse or former spouse									2342
				$......		$......					2343
11.		Amount of local income taxes actually paid or estimated to be paid									2344
				$......		$......					2345
12.		Mandatory work-related deductions such as union dues, uniform fees, etc. (not including taxes, social security, or retirement)									2346
				$......		$......					2347
13.		Total gross income adjustments (add lines 8 through 12)									2348
				$......		$......					2349
14.a.		Adjusted annual gross income (subtract line 13 from line 7a)									2350
				$......		$......					2351
b.		Cash medical support maximum (If the amount on line 7a, Col. I, is under 150% of the federal poverty level for an individual, enter $0 on line 14b, Col. I. If the amount on line 7a, Col. I, is 150% or higher of the federal poverty level for an individual, multiply the amount on line 14a, Col. I, by 5% and enter this amount on line 14b, Col. I. If the amount on line 7a, Col. II, is under 150% of the federal poverty level for an individual, enter $0 on line 14b, Col. II. If the amount on line 7a, Col. II, is 150% or higher of the federal poverty level for an individual, multiply the amount on line 14a, Col. II, by 5% and enter this amount on line 14b, Col. II.)									2352
				$......		$......					2353
15.		Combined annual income that is basis for child support order (add line 14a, Col. I and Col. II)									2354
								$......			2355
16.		Percentage of parent's income to total income									2356
a.		Father (divide line 14a, Col. I, by line 15, Col. III) ......%									2357
b.		Mother (divide line 14a, Col. II, by line 15, Col. III) ......%									2358
17.		Basic combined child support obligation (refer to schedule, first column, locate the amount nearest to the amount on line 15, Col. III, then refer to column for number of children in this family. If the income of the parents is more than one sum but less than another, you may calculate the difference.)									2359
								$......			2360
18.		Annual support obligation per parent									2361
a.		Father (multiply line 17, Col. III, by line 16a)									2362
				$......							2363
b.		Mother (multiply line 17, Col. III, by line 16b)									2364
						$......					2365
19.		Annual child care expenses for children who are the subject of this order that are work-, employment training-, or education-related, as approved by the court or agency (deduct tax credit from annual cost, whether or not claimed)									2366
				$......		$......					2367
20.a.		Marginal, out-of-pocket costs, necessary to provide for health insurance for the children who are the subject of this order (contributing cost of private family health insurance, minus the contributing cost of private single health insurance, divided by the total number of dependents covered by the plan, including the children subject of the support order, times the number of children subject of the support order)									2368
				$......		$......					2369
b.		Cash medical support obligation (enter the amount on line 14b or the amount of annual health care expenditures estimated by the United States Department of Agriculture and described in section 3119.30 of the Revised Code, whichever amount is lower)									2370
				$......		$......					2371

21.		ADJUSTMENTS TO CHILD SUPPORT WHEN HEALTH INSURANCE IS PROVIDED:					2372
		Father (only if obligor or shared parenting)			Mother (only if obligor or shared parenting)		2373
	a.	Additions: line 16a times the sum of amounts shown on line 19, Col. II and line 20a, Col. II		b.	Additions: line 16b times the sum of amounts shown on line 19, Col. I and line 20a, Col. I		2374
		$......................			$......................		2375
	c.	Subtractions: line 16b times sum of amounts shown on line 19, Col. I and line 20a, Col. I		d.	Subtractions: line 16a times sum of amounts shown on line 19, Col. II and line 20a, Col. II		2376
		$.......................			$.......................		2377

22.		OBLIGATION AFTER ADJUSTMENTS TO CHILD SUPPORT WHEN HEALTH INSURANCE IS PROVIDED:									2378
a.		Father: line 18a plus or minus the difference between line 21a minus line 21c									2379
				$......							2380
b.		Mother: line 18b plus or minus the difference between line 21b minus line 21d									2381
						$......					2382
23.		ACTUAL ANNUAL OBLIGATION WHEN HEALTH INSURANCE IS PROVIDED:									2383
a.		(Line 22a or 22b, whichever line corresponds to the parent who is the obligor).		$......							2384
b.		Any non-means-tested benefits, including social security and veterans' benefits, paid to and received by a child or a person on behalf of the child due to death, disability, or retirement of the parent									2385
						$......					2386
c.		Actual annual obligation (subtract line 23b from line 23a)									2387
						$......					2388

24.		ADJUSTMENTS TO CHILD SUPPORT WHEN HEALTH INSURANCE IS NOT PROVIDED:					2389
		Father (only if obligor or shared parenting)			Mother (only if obligor or shared parenting)		2390
	a.	Additions: line 16a times the sum of the amounts shown on line 19, Col. II and line 20b, Col. II		b.	Additions: line 16b times the sum of the amounts shown on line 19, Col. I and line 20b, Col. I		2391
		$......................			$......................		2392
	c.	Subtractions: line 16b times the sum of the amounts shown on line 19, Col. I and line 20b, Col. I		d.	Subtractions: line 16a times the sum of the amounts shown on line 19, Col. II and line 20b, Col. II		2393
		$.......................			$.......................		2394

25.		OBLIGATION AFTER ADJUSTMENTS TO CHILD SUPPORT WHEN HEALTH INSURANCE IS NOT PROVIDED:									2395
a.		Father: line 18a plus or minus the difference between line 24a minus line 24c									2396
				$......							2397
b.		Mother: line 18b plus or minus the difference between line 24b and 24d									2398
						$......					2399
26.		ACTUAL ANNUAL OBLIGATION WHEN HEALTH INSURANCE IS NOT PROVIDED:									2400
a.		(Line 25a or 25b, whichever line corresponds to the parent who is the obligor)		$......							2401
b.		Any non-means-tested benefits, including social security and veterans' benefits, paid to and received by a child or a person on behalf of the child due to death, disability, or retirement of the parent		$......							2402
c.		Actual annual obligation (subtract line 26b from line 26a)		$.....							2403

27.a.	Deviation from sole residential parent support amount shown on line 23c if amount would be unjust or inappropriate: (see section 3119.23 of the Revised Code.) (Specific facts and monetary value must be stated.)		2404
			2405
			2406
			2407
			2408
b.	Deviation from shared parenting order: (see sections 3119.23 and 3119.24 of the Revised Code.) (Specific facts including amount of time children spend with each parent, ability of each parent to maintain adequate housing for children, and each parent's expenses for children must be stated to justify deviation.)		2409
			2410
			2411
			2412
			2413

				WHEN			WHEN				2414
				HEALTH			HEALTH				2415
				INSURANCE			INSURANCE				2416
				IS			IS NOT				2417
				PROVIDED			PROVIDED				2418
28.		FINAL CHILD SUPPORT FIGURE: (This amount reflects final annual child support obligation; in Col. I, enter line 23c plus or minus any amounts indicated in line 27a or 27b; in Col. II, enter line 26c plus or minus any amounts indicated in line 27a or 27b)									2419
				$......			$......	Father/Mother, OBLIGOR			2420
29.		FOR DECREE: Child support per month (divide obligor's annual share, line 28, by 12) plus any processing charge									2421
				$......			$......				2422
30.		FINAL CASH MEDICAL SUPPORT FIGURE: (this amount reflects the final annual cash medical support to be paid by the obligor when neither parent provides health insurance coverage for the child; enter obligor's cash medical support amount from line 20b)									2423
							$......				2424
31.		FOR DECREE: Cash medical support per month (divide line 30 by 12)									2425
							$......				2426

Prepared by:				2427
Counsel: ....................		Pro se: .................		2428
(For mother/father)				2429
CSEA: .......................		Other: ..................		2430

Worksheet Has Been Reviewed and Agreed To:	2431

...........................		...........................		2432
Mother		Date		2433
...........................		...........................		2434
Father		Date		2435

Sec. 3119.023.  When a court or child support enforcement	2436
agency calculates the amount of child support to be paid pursuant	2437
to a court child support order in a proceeding in which the	2438
parents have split parental rights and responsibilities with	2439
respect to the children who are the subject of the child support	2440
order, the court or child support enforcement agency shall use a	2441
worksheet that is identical in content and form to the following:	2442

CHILD SUPPORT COMPUTATION WORKSHEET	2443

SPLIT PARENTAL RIGHTS AND RESPONSIBILITIES	2444

Name of parties ................................................	2445

Case No. .......................................................	2446

Number of minor children .......................................	2447

Number of minor children with mother .......... father .........	2448

				Column I		Column II		Column III			2449
				Father		Mother		Combined			2450
INCOME:											2451
1.a.		Annual gross income from employment or, when determined appropriate by the court or agency, average annual gross income from employment over a reasonable period of years. (Exclude overtime, bonuses, self-employment income, or commissions)									2452
				$......		$......					2453
b.		Amount of overtime, bonuses, and commissions (year 1 representing the most recent year)									2454

Father		Mother		2455
Yr. 3 $..........		Yr. 3 $..........		2456
(Three years ago)		(Three years ago)		2457
Yr. 2 $..........		Yr. 2 $..........		2458
(Two years ago)		(Two years ago)		2459
Yr. 1 $..........		Yr. 1 $..........		2460
(Last calendar year)		(Last calendar year)		2461
Average $..........		$............		2462

		(Include in Col. I and/or Col. II the average of the three years or the year 1 amount, whichever is less, if there exists a reasonable expectation that the total earnings from overtime and/or bonuses during the current calendar year will meet or exceed the amount that is the lower of the average of the three years or the year 1 amount. If, however, there exists a reasonable expectation that the total earnings from overtime/bonuses during the current calendar year will be less than the lower of the average of the 3 years or the year 1 amount, include only the amount reasonably expected to be earned this year)									2463
				$......		$......					2464
2.		For self-employment income									2465
a.		Gross receipts from business									2466
				$......		$......					2467
b.		Ordinary and necessary business expenses									2468
				$......		$......					2469
c.		5.6% of adjusted gross income or the actual marginal difference between the actual rate paid by the self-employed individual and the F.I.C.A. rate									2470
				$......		$......					2471
d.		Adjusted gross income from self-employment (subtract the sum of 2b and 2c from 2a)									2472
				$......		$......					2473
3.		Annual income from interest and dividends (whether or not taxable)									2474
				$......		$......					2475
4.		Annual income from unemployment compensation									2476
				$......		$......					2477
5.		Annual income from workers' compensation, disability insurance benefits or social security disability retirement benefits									2478
				$......		$......					2479
6.		Other annual income (identify)									2480
				$......		$......					2481
7.a.		Total annual gross income (add lines 1a, 1b, 2d, and 3-6)									2482
				$......		$......					2483
b.		Health insurance maximum (multiply line 7a by 5%)									2484
				$......		$......					2485
ADJUSTMENTS TO INCOME:											2486
8.		Adjustment for minor children born to or adopted by either parent and another parent who are living with this parent; adjustment does not apply to stepchildren (number of children times federal income tax exemption less child support received, not to exceed the federal tax exemption)									2487
				$......		$......					2488
9.		Annual court-ordered support paid for other children									2489
				$......		$......					2490
10.		Annual court-ordered compensatory spousal support paid to any spouse or former spouse									2491
				$......		$......					2492
11.		Amount of local income taxes actually paid or estimated to be paid									2493
				$......		$......					2494
12.		Mandatory work-related deductions such as union dues, uniform fees, etc. (not including taxes, social security, or retirement)									2495
				$......		$......					2496
13.		Total gross income adjustments (add lines 8 through 12)									2497
				$......		$......					2498
14.a.		Adjusted annual gross income (subtract line 13 from 7a)									2499
				$......		$......					2500
b.		Cash medical support maximum (If the amount on line 7a, Col. I, is under 150% of the federal poverty level for an individual, enter $0 on line 14b., Col. I. If the amount on line 7a, Col. I, is 150% or higher of the federal poverty level for an individual, multiply the amount on line 14a, Col. I, by 5% and enter this amount on line 14b, Col. I. If the amount on line 7a, Col. II, is under 150% of the federal poverty level for an individual, enter $0 on line 14b, Col. II. If the amount on line 7a, Col. II, is 150% or higher of the federal poverty level for an individual, multiply the amount on line 14a, Col. II, by 5% and enter this amount on line 14b, Col. II.)									2501
				$......		$......					2502
15.		Combined annual income that is basis for child support order (add line 14a, Col. I and Col. II)									2503
								$......			2504
16.		Percentage of parent's income to total income									2505
a.		Father (divide line 14a, Col. I, by line 15, Col. III) ......%									2506
b.		Mother (divide line 14a, Col. II, by line 15, Col. III) ......%									2507
17.		Basic combined child support obligation (refer to schedule, first column, locate the amount nearest to the amount on line 15, Col. III, then refer to column for number of children with this parent. If the income of the parents is more than one sum but less than another, you may calculate the difference)		For children for whom the mother is the residential parent and legal custodian		For children for whom the father is the residential parent and legal custodian					2508

				$......		$......					2509
18.		Annual support obligation per parent									2510
a.		Of father for children for whom mother is the residential parent and legal custodian (multiply line 17, Col. I, by line 16a)									2511
				$......							2512
b.		Of mother for children for whom the father is the residential parent and legal custodian (multiply line 17, Col. II, by line 16b)									2513
						$......					2514
19.		Annual child care expenses for children who are the subject of this order that are work-, employment training-, or education-related, as approved by the court or agency (deduct tax credit from annual cost whether or not claimed)		Paid by father		Paid by mother					2515
				$......		$......					2516
20.a.		Marginal, out-of-pocket costs, necessary to provide for health insurance for the children who are the subject of this order (contributing cost of private family health insurance, minus the contributing cost of private single health insurance, divided by the total number of dependents covered by the plan, including the children subject of the support order, times the number of children subject of the support order)		Paid by father		Paid by mother					2517
				$......		$......					2518
b.		Cash medical support obligation (enter the amount on line 14b or the amount of annual health care expenditures estimated by the United States Department of Agriculture and described in section 3119.30 of the Revised Code, whichever amount is lower)									2519
				$......		$......					2520

21.		ADJUSTMENTS TO CHILD SUPPORT WHEN HEALTH INSURANCE IS PROVIDED:					2521
		Father			Mother		2522
	a.	Additions: line 16a times sum of amounts shown on line 19, Col. II and line 20a, Col. II		b.	Additions: line 16b times sum of amounts shown on line 19, Col. I and line 20a, Col. I		2523
	2524
	2525
	2526
		$......................			$......................		2527
	c.	Subtractions: line 16b times sum of amounts shown on line 19, Col. I and line 20a, Col. I		d.	Subtractions: line 16a times sum of amounts shown on line 19, Col. II and line 20a, Col. II		2528
	2529
	2530
	2531
		$.......................			$.......................		2532

22.		ACTUAL ANNUAL OBLIGATION WHEN HEALTH INSURANCE IS PROVIDED:									2533
a.		Father: line 18a plus line 21a minus line 21c (if the amount on line 21c is greater than or equal to the amount on line 21a--enter the number on line 18a in Col. I)									2534
				$......							2535
b.		Any non-means-tested benefits, including social security and veterans' benefits, paid to and received by children for whom the mother is the residential parent and legal custodian or a person on behalf of those children due to death, disability, or retirement of the father									2536
				$......							2537
c.		Actual annual obligation of father (subtract line 22b from line 22a)									2538
				$......							2539
d.		Mother: line 18b plus line 21b minus line 21d (if the amount on line 21d is greater than or equal to the amount on line 21b--enter the number on line 18b in Col. II)									2540
						$......					2541
e.		Any non-means-tested benefits, including social security and veterans' benefits, paid to and received by children for whom the father is the residential parent and legal custodian or a person on behalf of those children due to death, disability, or retirement of the mother									2542
						$......					2543
f.		Actual annual obligation of mother (subtract line 22e from line 22d)									2544
						$......					2545
g.		Actual annual obligation payable (subtract lesser actual annual obligation from greater actual annual obligation using amounts in lines 22c and 22f to determine net child support payable)									2546
				$......		$......					2547

23.		ADJUSTMENTS TO CHILD SUPPORT WHEN HEALTH INSURANCE IS NOT PROVIDED:					2548
		Father			Mother		2549
	a.	Additions: line 16a times the sum of the amounts shown on line 19, Col. II and line 20b, Col. II		b.	Additions: line 16b times the sum of the amounts shown on line 19, Col. I and line 20b, Col. I		2550
		$...............			$...............		2551
	c.	Subtractions: line 16b times the sum of the amounts shown on line 19, Col. I and line 20b, Col. I		d.	Subtractions: line 16a times the sum of the amounts shown on line 19, Col. II and line 20b, Col. II		2552
		$...............			$...............		2553

24.		ACTUAL ANNUAL OBLIGATION WHEN HEALTH INSURANCE IS NOT PROVIDED:									2554
a.		Father: line 18a plus line 23a minus line 23c (if the amount on line 23c is greater than or equal to the amount on line 23a, enter the number on line 18a in Col. I)		$......							2555
b.		Any non-means-tested benefits, including social security and veterans' benefits, paid to and received by a child for whom the mother is the residential parent and legal custodian, or a person on behalf of the child, due to death, disability, or retirement of the father		$......							2556
c.		Actual annual obligation of the father (subtract line 24b from line 24a)		$......							2557
d.		Mother: line 18b plus line 23b minus 23d (if the amount on line 23d is greater than or equal to the amount on line 23b, enter the number on line 18b in Col. II)									2558
						$......					2559
e.		Any non-means-tested benefits, including social security and veterans' benefits, paid to and received by a child for whom the father is the residential parent and legal custodian, or a person on behalf of the child, due to death, disability, or retirement of the mother									2560
						$......					2561
f.		Actual annual obligation of the mother (subtract line 24e from line 24d)				$......					2562
g.		Actual annual obligation payable (subtract lesser actual annual obligation from greater annual obligation of parents using amounts in lines 24c and 24f to determine net child support payable)									2563
				$......		$......					2564
h.		Add line 20b, Col. I, to line 24g, Col. I, when father is the obligor or line 20b, Col. II, to line 24g, Col. II, when mother is obligor									2565
				$......		$......					2566

25.		Deviation from split residential parent guideline amount shown on line 22c, 22f, 24c, or 24f if amount would be unjust or inappropriate: (see section 3119.23 of the Revised Code.) (Specific facts and monetary value must be stated.)									2567
				2568
				2569
				2570
				2571
											2572
				WHEN			WHEN				2573
				HEALTH			HEALTH				2574
				INSURANCE			INSURANCE				2575
				IS			IS NOT				2576
				PROVIDED			PROVIDED				2577
26.		FINAL CHILD SUPPORT FIGURE: (This amount reflects final annual child support obligation; in Col. I enter line 22g plus or minus any amounts indicated in line 25, or in Col. II enter line 24g plus or minus any amounts indicated on line 25.)									2578
				$......			$......	Father/Mother, OBLIGOR			2579
27.		FOR DECREE: Child support per month (divide obligor's annual share, line 26, by 12) plus any processing charge									2580
				$......			$......				2581
28.		FINAL CASH MEDICAL SUPPORT FIGURE: (this amount reflects the final, annual cash medical support to be paid by the obligor when neither parent provides health insurance coverage for the child; enter obligor's cash medical support from line 20b)									2582
							$......				2583
29.		FOR DECREE: Cash medical support per month (divide line 28 by 12)									2584
							$......				2585

Prepared by:				2586
Counsel: ....................		Pro se: .................		2587
(For mother/father)				2588
CSEA: .......................		Other: ..................		2589

Worksheet Has Been Reviewed and Agreed To:	2590

...........................		...........................		2591
Mother		Date		2592
...........................		...........................		2593
Father		Date		2594

Sec. 3119.05.  When a court computes the amount of child	2595
support required to be paid under a court child support order or a	2596
child support enforcement agency computes the amount of child	2597
support to be paid pursuant to an administrative child support	2598
order, all of the following apply:	2599

(A) The parents' current and past income and personal	2600
earnings shall be verified by electronic means or with suitable	2601
documents, including, but not limited to, paystubs, employer	2602
statements, receipts and expense vouchers related to	2603
self-generated income, tax returns, and all supporting	2604
documentation and schedules for the tax returns.	2605

(B) The amount of any pre-existing child support obligation	2606
of a parent under a child support order and the amount of any	2607
court-ordered compensatory spousal support actually paid shall be	2608
deducted from the gross income of that parent to the extent that	2609
payment under the child support order or that payment of the	2610
court-ordered compensatory spousal support is verified by	2611
supporting documentation.	2612

(C) If other minor children who were born to the parent and a	2613
person other than the other parent who is involved in the	2614
immediate child support determination live with the parent, the	2615
court or agency shall deduct an amount from that parent's gross	2616
income that equals the number of such minor children times the	2617
federal income tax exemption for such children less child support	2618
received for them for the year, not exceeding the federal income	2619
tax exemption.	2620

(D) When the court or agency calculates the gross income of a	2621
parent, it shall include the lesser of the following as income	2622
from overtime and bonuses:	2623

(1) The yearly average of all overtime, commissions, and	2624
bonuses received during the three years immediately prior to the	2625
time when the person's child support obligation is being computed;	2626

(2) The total overtime, commissions, and bonuses received	2627
during the year immediately prior to the time when the person's	2628
child support obligation is being computed.	2629

(E) When the court or agency calculates the gross income of a	2630
parent, it shall not include any income earned by the spouse of	2631
that parent.	2632

(F) The court shall issue a separate order for extraordinary	2633
medical or dental expenses, including, but not limited to,	2634
orthodontia, psychological, appropriate private education, and	2635
other expenses, and may consider the expenses in adjusting a child	2636
support order.	2637

(G) When a court or agency calculates the amount of child	2638
support to be paid pursuant to a court child support order or an	2639
administrative child support order, if the combined gross income	2640
of both parents is an amount that is between two amounts set forth	2641
in the first column of the schedule, the court or agency may use	2642
the basic child support obligation that corresponds to the higher	2643
of the two amounts in the first column of the schedule, use the	2644
basic child support obligation that corresponds to the lower of	2645
the two amounts in the first column of the schedule, or calculate	2646
a basic child support obligation that is between those two amounts	2647
and corresponds proportionally to the parents' actual combined	2648
gross income.	2649

(H) When the court or agency calculates gross income, the	2650
court or agency, when appropriate, may average income over a	2651
reasonable period of years.	2652

(I) A court or agency shall not determine a parent receiving	2653
means-tested public assistance benefits to be voluntarily	2654
unemployed or underemployed and shall not impute income to that	2655
parent, unless not making such determination and not imputing	2656
income would be unjust, inappropriate, and not in the best	2657
interest of the child.	2658

(J) When a court or agency requires a parent to pay an amount	2659
for that parent's failure to support a child for a period of time	2660
prior to the date the court modifies or issues a court child	2661
support order or an agency modifies or issues an administrative	2662
child support order for the current support of the child, the	2663
court or agency shall calculate that amount using the basic child	2664
support schedule, worksheets, and child support laws in effect,	2665
and the incomes of the parents as they existed, for that prior	2666
period of time.	2667

Sec. 3121.441. (A) Notwithstanding the provisions of this	2668
chapter, Chapters 3119., 3123., and 3125., and sections 3770.071	2669
and 5107.20 of the Revised Code providing for the office of child	2670
support in the department of job and family services to collect,	2671
withhold, or deduct compensatory spousal support, when a court	2672
pursuant to sectionsections 3105.18 to 3105.183 or 3105.65 of the	2673
Revised Code issues or modifies an order requiring an obligor to	2674
pay compensatory spousal support or grants or modifies a decree of	2675
dissolution of marriage incorporating a separation agreement that	2676
provides for compensatory spousal support, or at any time after	2677
the issuance, granting, or modification of an order or decree of	2678
that type, the court may permit the obligor to make the	2679
compensatory spousal support payments directly to the obligee	2680
instead of to the office if the obligee and the obligor have no	2681
minor children born as a result of their marriage and the obligee	2682
has not assigned the compensatory spousal support amounts to the	2683
department pursuant to section 5101.59 or 5107.20 of the Revised	2684
Code.	2685

(B) A court that permits an obligor to make compensatory	2686
spousal support payments directly to the obligee pursuant to	2687
division (A) of this section shall order the obligor to make the	2688
compensatory spousal support payments as a check, as a money	2689
order, or in any other form that establishes a clear record of	2690
payment.	2691

(C) If a court permits an obligor to make compensatory	2692
spousal support payments directly to an obligee pursuant to	2693
division (A) of this section and the obligor is in default in	2694
making any compensatory spousal support payment to the obligee,	2695
the court, upon motion of the obligee or on its own motion, may	2696
rescind the permission granted under that division. After the	2697
rescission, the court shall determine the amount of arrearages in	2698
the compensatory spousal support payments and order the obligor to	2699
make to the office of child support in the department of job and	2700
family services any compensatory spousal support payments that are	2701
in arrears and any future compensatory spousal support payments.	2702
Upon the issuance of the order of the court under this division,	2703
the provisions of this chapter, Chapters 3119., 3123., and 3125.,	2704
and sections 3770.071 and 5107.20 of the Revised Code apply with	2705
respect to the collection, withholding, or deduction of the	2706
obligor's compensatory spousal support payments that are the	2707
subject of that order of the court.	2708

Sec. 3125.05.  The office of child support shall establish,	2709
by rule adopted pursuant to Chapter 119. of the Revised Code, a	2710
program of compensatory spousal support enforcement in conjunction	2711
with child support enforcement. The program shall conform, to the	2712
extent practicable, to the program for child support enforcement	2713
established pursuant to section 3125.03 of the Revised Code.	2714

Sec. 5107.20.  As used in this section, "support" means child	2715
support, compensatory spousal support, and support for a spouse or	2716
a former spouse.	2717

Participation in Ohio works first constitutes an assignment	2718
to the department of job and family services of any rights members	2719
of an assistance group have to support from any other person,	2720
excluding medical support assigned pursuant to section 5101.59 of	2721
the Revised Code. The rights to support assigned to the department	2722
pursuant to this section constitute an obligation of the person	2723
who is responsible for providing the support to the state for the	2724
amount of cash assistance provided to the assistance group.	2725

The office of child support in the department of job and	2726
family services shall collect and distribute support payments owed	2727
to Ohio works first participants, whether assigned to the	2728
department or unassigned, in accordance with 42 U.S.C. 654 B and	2729
657 and regulations adopted under those statutes, state statutes,	2730
and rules adopted under section 5107.05 of the Revised Code.	2731

Upon implementation of centralized collection and	2732
disbursement under Chapter 3121. of the Revised Code, in	2733
accordance with 42 U.S.C. 654 B and 657 and regulations adopted	2734
under those statutes, the department shall deposit support	2735
payments it receives pursuant to this section into the state	2736
treasury to the credit of the child support collections fund or	2737
the child support administrative fund, both of which are hereby	2738
created. Money credited to the funds shall be used to make cash	2739
assistance payments under Ohio works first.	2740

Section 2.  That existing sections 1349.01, 2119.03, 2151.23,	2741
2303.201, 2329.66, 2701.03, 2743.66, 2919.231, 2950.15, 3105.171,	2742
3105.63, 3105.65, 3105.73, 3105.89, 3109.06, 3111.69, 3119.01,	2743
3119.022, 3119.023, 3119.05, 3121.441, 3125.05, and 5107.20 and	2744
section 3105.18 of the Revised Code are hereby repealed.	2745

Section 3. Sections 1 and 2 of this act shall govern any	2746
relevant action pending in a court on the effective date of this	2747
act, if the court has not yet entered a final order of	2748
disposition.	2749

Section 4. Sections 1 and 2 of this act shall take effect six	2750
months after the effective date of this act.	2751

Section 5. To the extent that any provision of this act is in	2752
conflict with the common law, it is the intent of the General	2753
Assembly to abrogate the common law.	2754