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(122nd General Assembly)(Amended Substitute Senate Bill Number 170)
AN ACT
To amend sections 124.10, 1901.19, 2329.66, 2329.70, 2333.21,
2716.01, 2716.02, 2716.03, 2716.04, 2716.05, 2716.06,
2716.11,
2716.13, 2716.21, 3111.23, and 3113.21 and to enact
sections
2716.041, 2716.07, 2716.08, and 2716.09 of the Revised Code to
permit a continuous order of wage garnishment under specified
circumstances and to eliminate the thirty-day limitation upon
successive wage garnishments.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1 . That sections 124.10, 1901.19, 2329.66, 2329.70,
2333.21, 2716.01, 2716.02, 2716.03, 2716.04, 2716.05,
2716.06, 2716.11, 2716.13, 2716.21, 3111.23, and 3113.21 be
amended and sections 2716.041, 2716.07, 2716.08, and 2716.09 of the Revised
Code be enacted to read as follows:
Sec. 124.10. (A) Any creditor or judgment creditor of an
employee or officer of the state may maintain against the state
any action or a proceeding in attachment or
garnishment, or in aid of execution of personal earnings under
Chapter 2716. Of the Revised Code to subject to the payment of his claim
or the judgment creditor's judgment any salary, wages, or other
compensation owing that is owed or will be owed to any
such the employee or officer of the state, in the same
manner, to the same extent, and in the same courts as any creditor or
judgment
creditor may subject, under the laws of this state, subject
moneys any salary, wages, or other compensation due his debtor
or A judgment debtor from any person employer.
In In any such action or proceeding of that nature against
the state, the order and notice of attachment, garnishment,
or proceeding in aid of execution of personal earnings shall be
served upon the director of administrative
services and shall set forth the name of the state agency in which such
debtor or the judgment debtor is employed.
(B) If, at the time an order and notice of garnishment is
served upon the director of administrative services pursuant to
section 2716.05 of the Revised Code, he has lost
administrative
control of disposable earnings of the defendant that are being
held back, the director may answer question 4(B) of the "Answer
of Employer (Garnishee)." In such a case, the director, as
garnishee, shall answer the order and notice of garnishment on
the first workday following the defendant's next subsequent pay
period, notwithstanding any other different time of answer
prescribed by Chapter 2716. of the Revised Code. If, at the time
an order and notice of garnishment is served upon him
pursuant to section 2716.05 of the Revised Code, the director has
not lost administrative control of disposable earnings of the defendant
that are being held back, the director, as garnishee, shall
answer the order and notice of garnishment on the first workday
following the then-current pay period, notwithstanding any
different time of answer prescribed by Chapter 2716. of the
Revised Code.
Sec. 1901.19. (A) Subject to the monetary jurisdiction of
municipal courts as set forth in section 1901.17 of the Revised
Code and the subject matter jurisdiction of municipal courts as set forth
in section 1901.18 of the Revised Code, a municipal court and a housing or
environmental division of a municipal court have jurisdiction within its
territory to perform all of the following functions: (1) To compel attendance of witnesses in any pending
action or proceeding in the same manner as the court of common
pleas; (2) To issue executions on its own judgments; (3) In any legal or equitable action or proceeding, to
enforce the collection of its own judgments; (4) To issue and enforce any order of attachment; (5) In any action or proceeding in the nature of
creditors' bills, and in aid of execution, to subject the
interest of a judgment debtor in personal property to the payment
of a judgment of the court; (6) To issue and enforce temporary protection orders
pursuant to section 2919.26 of the Revised Code and
protection orders pursuant to section 2903.213 of the Revised
Code and to enforce protection orders issued by courts of another state, as
defined in section 2919.27 of the Revised Code. (B) Subject to the limitation set forth in this division,
a municipal court or a housing or environmental division of a
municipal court has jurisdiction outside its territory in a
proceeding in aid of execution to subject to the payment of the
judgment the interest in personal property of a judgment debtor
under a judgment rendered by the court or division. The
jurisdiction provided in this division includes the county or
counties in which the territory of the court or division in
question is situated and any county that is contiguous to that in
which the court or division is located. A court or division that
has jurisdiction under this division outside its territory in a
proceeding in aid of execution has the same powers, duties, and
functions relative to the proceeding that it has relative to
proceedings in aid of execution over which it has jurisdiction
other than under this division. (C)(1) In any action for proceeding in garnishment of personal
earnings
brought in a municipal court, the court has jurisdiction to serve
process pursuant to section 2716.05 of the Revised Code upon a
garnishee who resides in a county contiguous to that in which does
not reside within the territory of the
court is located. (2) In any action for proceeding in garnishment of property,
other than
personal earnings, brought in a municipal court under section
2716.11 of the Revised Code, the court has jurisdiction to serve
process pursuant to section 2716.13 of the Revised Code upon a
garnishee who resides in a county contiguous to that in which does
not reside within the territory of the
court is located. (3) Whenever a motion for attachment is filed in a
municipal court under section 2715.03 of the Revised Code, the
court has jurisdiction to serve process pursuant to section
2715.091 of the Revised Code upon a garnishee who resides in a
county contiguous to that in which the court is located. (D) The municipal court of Cleveland also has jurisdiction
in all actions and proceedings in the nature of creditors' bills,
and in aid of execution to subject the interests of a judgment
debtor in real or personal property to the payment of a judgment
of the court. In such those actions and proceedings, the court
may
proceed to marshal and foreclose all liens on the property
irrespective of the amount of the lien, and all vested or
contingent rights in the property. Sec. 2329.66. (A) Every person who is domiciled in this
state may hold property exempt from execution, garnishment,
attachment, or sale to satisfy a judgment or order, as follows: (1)(a) In the case of a judgment or order regarding money
owed for health care services rendered or health care supplies
provided to the person or a dependent of the person, one parcel
or item of real or personal property that the person or a
dependent of the person uses as a residence. Division (A)(1)(a)
of this section does not preclude, affect, or invalidate the
creation under this chapter of a judgment lien upon the exempted
property but only delays the enforcement of the lien until the
property is sold or otherwise transferred by the owner or in
accordance with other applicable laws to a person or entity other
than the surviving spouse or surviving minor children of the
judgment debtor. Every person who is domiciled in this state may
hold exempt from a judgment lien created pursuant to division
(A)(1)(a) of this section the person's interest, not to exceed five
thousand dollars, in the exempted property. (b) In the case of all other judgments and orders, the
person's interest, not to exceed five thousand dollars, in one
parcel or item of real or personal property that the person or a
dependent of the person uses as a residence. (2) The person's interest, not to exceed one thousand dollars, in one
motor vehicle; (3) The person's interest, not to exceed two hundred
dollars in any particular item, in wearing apparel, beds, and
bedding, and the person's interest, not to exceed three hundred
dollars in each item, in one cooking unit and one refrigerator or
other food preservation unit; (4)(a) The person's interest, not to exceed four hundred
dollars, in cash on hand, money due and payable, money to become
due within ninety days, tax refunds, and money on deposit with a
bank, savings and loan association, credit union, public utility,
landlord, or other person. Division (A)(4)(a) of this section applies only in
bankruptcy proceedings. This exemption may include the portion
of personal earnings that is not exempt under division (A)(13) of
this section. (b) Subject to division (A)(4)(d) of this section, the
person's interest, not to exceed two hundred dollars in any
particular item, in household furnishings, household goods,
appliances, books, animals, crops, musical instruments, firearms,
and hunting and fishing equipment, that are held primarily for
the personal, family, or household use of the person.; (c) Subject to division (A)(4)(d) of this section, the
person's interest in one or more items of jewelry, not to exceed
four hundred dollars in one item of jewelry and not to exceed two
hundred dollars in every other item of jewelry.; (d) Divisions (A)(4)(b) and (c) of this section do not
include items of personal property listed in division (A)(3) of
this section. If the person does not claim an exemption under division
(A)(1) of this section, the total exemption claimed under
division (A)(4)(b) of this section shall be added to the total
exemption claimed under division (A)(4)(c) of this section, and
the total shall not exceed two thousand dollars. If the person
claims an exemption under division (A)(1) of this section, the
total exemption claimed under division (A)(4)(b) of this section
shall be added to the total exemption claimed under division
(A)(4)(c) of this section, and the total shall not exceed one
thousand five hundred dollars. (5) The person's interest, not to exceed an aggregate of
seven hundred fifty dollars, in all implements, professional
books, or tools of the person's profession, trade, or business,
including
agriculture; (6)(a) The person's interest in a beneficiary fund set
apart, appropriated, or paid by a benevolent association or
society, as exempted by section 2329.63 of the Revised Code; (b) The person's interest in contracts of life or
endowment insurance or annuities, as exempted by section 3911.10
of the Revised Code; (c) The person's interest in a policy of group insurance
or the proceeds of a policy of group insurance, as exempted by
section 3917.05 of the Revised Code; (d) The person's interest in money, benefits, charity,
relief, or aid to be paid, provided, or rendered by a fraternal
benefit society, as exempted by section 3921.18 of the Revised
Code; (e) The person's interest in the portion of benefits under
policies of sickness and accident insurance and in lump-sum
payments for dismemberment and other losses insured under those
policies, as exempted by section 3923.19 of the Revised Code. (7) The person's professionally prescribed or medically
necessary health aids; (8) The person's interest in a burial lot, including, but
not limited to, exemptions under section 517.09 or 1721.07 of the
Revised Code; (9) The person's interest in the following: (a) Moneys paid or payable for living maintenance or
rights, as exempted by section 3304.19 of the Revised Code; (b) Workers' compensation, as exempted by section
4123.67
of the Revised Code; (c) Unemployment compensation benefits, as exempted by
section 4141.32 of the Revised Code; (d) Cash assistance
payments under the Ohio works first
program,
as exempted by
section 5107.75 of the Revised Code; (e) Disability assistance payments, as exempted by section
5115.07 of the Revised Code. (10)(a) Except in cases in which the person was convicted
of or pleaded guilty to a violation of section 2921.41 of the
Revised Code and in which an order for the withholding of
restitution from payments was issued under division (C)(2)(b) of
that section or in cases in which an order for withholding was issued under
section 2907.15 of the Revised Code, and only to the
extent provided
in the order,
and
except as provided in sections 2929.181, 3105.171, 3105.63, 3111.23, and
3113.21 of the Revised Code, the person's right to a pension,
benefit, annuity, retirement allowance, or accumulated
contributions, the person's right to a participant account in any
deferred compensation program offered by the Ohio public
employees deferred compensation board, a government unit, or a
municipal corporation, or the person's other accrued or accruing
rights, as exempted by section 145.56, 145.75, 146.13, 742.47,
3307.71, 3309.66, or 5505.22 of the Revised Code, and the
person's right to benefits from the firemen and
policemen's death benefit fund; (b) Except as provided in sections 3111.23 and
3113.21 of
the Revised Code, the person's right to receive a payment under
any pension, annuity, or similar plan or contract, not including
a payment from a stock bonus or profit-sharing plan or a payment
included in division (A)(6)(b) or (10)(a) of this section, on
account of illness, disability, death, age, or length of service,
to the extent reasonably necessary for the support of the person
and any of the person's dependents, except if all the following
apply: (i) The plan or contract was established by or under the
auspices of an insider that employed the person at the time the
person's rights under the plan or contract arose. (ii) The payment is on account of age or length of
service. (iii) The plan or contract is not qualified under the
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C. 1, as
amended. (c) Except for any portion of the assets that were
deposited for the purpose of evading the payment of any debt and
except as provided in sections 3111.23 and 3113.21
of the Revised
Code, the person's right in the assets held in, or to receive any
payment under, any individual retirement account, individual
retirement annuity, or Keogh or "H.R. 10" plan that provides
benefits by reason of illness, disability, death, or age, to the
extent reasonably necessary for the support of the person and any
of the person's dependents. (11) The person's right to receive spousal support, child
support, an allowance, or other maintenance to the extent
reasonably necessary for the support of the person and any of the
person's
dependents; (12) The person's right to receive, or moneys received
during the preceding twelve calendar months from, any of the
following: (a) An award of reparations under sections 2743.51 to
2743.72 of the Revised Code, to the extent exempted by division
(D) of section 2743.66 of the Revised Code; (b) A payment on account of the wrongful death of an
individual of whom the person was a dependent on the date of the
individual's death, to the extent reasonably necessary for the
support of the person and any of the person's dependents; (c) Except in cases in which the person who receives the payment is an
inmate, as defined in section 2969.21 of the Revised Code, and in which the
payment resulted from a civil action or appeal against a government entity or
employee, as defined in section 2969.21 of the Revised Code, a payment, not to
exceed five thousand dollars, on
account of personal bodily injury, not including pain and
suffering or compensation for actual pecuniary loss, of the
person or an individual for whom the person is a dependent; (d) A payment in compensation for loss of future earnings
of the person or an individual of whom the person is or was a
dependent, to the extent reasonably necessary for the support of
the debtor and any of the debtor's dependents. (13) Except as provided in sections 3111.23 and
3113.21 of the Revised Code, personal earnings of the person owed to the
person for
services rendered within thirty days before the issuing of an
attachment or other process, the rendition of a judgment, or the
making of an order, under which the attempt may be made to
subject those earnings to the payment of a debt, damage, fine, or
amercement, in an amount equal to the greater of the following amounts: (a) If paid weekly, thirty times the current federal
minimum hourly wage; if paid biweekly, sixty times the current
federal minimum hourly wage; if paid semimonthly, sixty-five
times the current federal minimum hourly wage; or if paid
monthly, one hundred thirty times the current federal minimum
hourly wage that is in effect at the time the earnings are
payable, as prescribed by the "Fair Labor Standards Act of 1938,"
52 Stat. 1060, 29 U.S.C. 206(a)(1), as amended; (b) Seventy-five per cent of the disposable earnings owed
to the person. (14) The person's right in specific partnership property,
as exempted by division (B)(3) of section 1775.24 of the Revised
Code; (15) A seal and official register of a notary public, as
exempted by section 147.04 of the Revised Code; (16) The person's interest in a tuition credit or a payment under section
3334.09 of the Revised Code pursuant to a tuition credit contract, as exempted
by section 3334.15 of the Revised Code; (17) Any other property that is specifically exempted from
execution, attachment, garnishment, or sale by federal statutes
other than the "Bankruptcy Reform Act of 1978," 92 Stat. 2549, 11
U.S.C.A. 101, as amended; (18) The person's interest, not to exceed four hundred
dollars, in any property, except that division (A)(18) of this section applies
only in bankruptcy proceedings. (B) As used in this section: (1) "Disposable earnings" means net earnings after the
garnishee has made deductions required by law, excluding the
deductions ordered pursuant to section 3111.23 or
3113.21 of the
Revised Code. (2) "Insider" means: (a) If the person who claims an exemption is an
individual, a relative of the individual, a relative of a general
partner of the individual, a partnership in which the individual
is a general partner, a general partner of the individual, or a
corporation of which the individual is a director, officer, or in
control; (b) If the person who claims an exemption is a
corporation, a director or officer of the corporation; a person
in control of the corporation; a partnership in which the
corporation is a general partner; a general partner of the
corporation; or a relative of a general partner, director,
officer, or person in control of the corporation; (c) If the person who claims an exemption is a
partnership, a general partner in the partnership; a general
partner of the partnership; a person in control of the
partnership; a partnership in which the partnership is a general
partner; or a relative in, a general partner of, or a person in
control of the partnership; (d) An entity or person to which or whom any of the
following applies: (i) The entity directly or indirectly owns, controls, or
holds with power to vote, twenty per cent or more of the
outstanding voting securities of the person who claims an
exemption, unless the entity holds the securities in a fiduciary
or agency capacity without sole discretionary power to vote the
securities or holds the securities solely to secure to debt and
the entity has not in fact exercised the power to vote. (ii) The entity is a corporation, twenty per cent or more
of whose outstanding voting securities are directly or indirectly
owned, controlled, or held with power to vote, by the person who
claims an exemption or by an entity to which division
(B)(2)(d)(i) of this section applies. (iii) A person whose business is operated under a lease or
operating agreement by the person who claims an exemption, or a
person substantially all of whose business is operated under an
operating agreement with the person who claims an exemption. (iv) The entity operates the business or all or
substantially all of the property of the person who claims an
exemption under a lease or operating agreement. (e) An insider, as otherwise defined in this section, of a
person or entity to which division (B)(2)(d)(i), (ii), (iii), or
(iv) of this section applies, as if the person or entity were a
person who claims an exemption; (f) A managing agent of the person who claims an
exemption. (3) "Participant account" has the same meaning as in
section 145.71 of the Revised Code. (4) "Government unit" has the same meaning as in section
145.74 of the Revised Code. (C) For purposes of this section, "interest" shall be
determined as follows: (1) In bankruptcy proceedings, as of the date a petition
is filed with the bankruptcy court commencing a case under Title
11 of the United States Code; (2) In all cases other than bankruptcy proceedings, as of
the date of an appraisal, if necessary under section 2329.68 of
the Revised Code, or the issuance of a writ of execution. An interest, as determined under division (C)(1) or (2) of
this section, shall not include the amount of any lien otherwise
valid pursuant to section 2329.661 of the Revised Code. Sec. 2329.70. Any person upon whom a demand has been made
in accordance with section 2716.02 of the Revised Code may apply
to any judge of a county court or judge of a municipal court
within this state, in whose jurisdiction he the person
resides, or, if he the person is
not a resident of Ohio this state, in whose jurisdiction
his the person's
place of
employment is located, for the appointment of a trustee to
receive that portion of the personal earnings of the debtor that
is not exempt from execution, garnishment, attachment, or
proceedings in aid of execution, and such any additional
sums as that the debtor voluntarily pays or assigns to the
trustee. Such The person shall file with his the
person's
application a full, accurate, and complete statement, under oath,
of the names of his the person's secured and unsecured creditors
with
liquidated claims, their addresses, and the amount due to each of
them. Upon such that application and filing, such
the judge shall appoint a trustee to distribute such the
funds to the creditors of the debtor at the
time of the application and filing. If a debtor fails, through mistake or otherwise, to list a
creditor, that creditor or debtor may apply to the court, with
notice to the other party, to list such creditors the omitted
creditor in the
trusteeship. Any person who becomes a creditor after the
appointment of a trustee, may be listed in such the
trusteeship, and such that creditor shall share in any
distribution made by the trustee
after the next ensuing distribution. No proceedings in garnishment, attachment, in or
aid of execution, or other action or proceeding to subject the
personal earnings of the debtor to the
payment of claims shall be brought or maintained by any creditor
so as long as at least the amount of the personal earnings of
such the debtor that is not exempt from execution,
garnishment, attachment, or proceedings in
aid of execution are is paid to the trustee at regular intervals
as
fixed by the county court judge or the municipal court judge. This
section does not prohibit creditors from recovering judgment
against such the debtor or prohibit levy, under a writ of
attachment
or execution, upon any other property which that is not exempt
from
execution. The maintaining of a proceedings in garnishment,
attachment, in aid of execution, or otherwise in violation of this
section shall be void is prohibited and may be prevented by
a writ of prohibition in addition to all other remedies provided by
law. Such The judge of the county court or municipal
court shall provide by
rule or otherwise for notice to creditors, the authentication and
proof of claims, and the time and manner of payment of
by the
debtor,
the distribution of funds, the bond of the trustee if required,
and for all other matters necessary or proper to carry into
effect the jurisdiction conferred by this section. The personal earnings of the debtor that are exempted by law shall
not be liable to the plaintiff for the costs of any proceedings
brought to recover a judgment for debt, damage, fine, or
amercement, nor or for the costs of any proceedings in
garnishment, attachment, or aid of execution to satisfy
such that judgment, provided such if the debtor
has listed said that creditor as to name, amount of that
creditor's claim, and the amount due as provided in section 2716.02 of
the Revised Code, on that claim and makes
payment as provided for in this section. Upon such an application for a trustee, the a
judge in of the court in which such the
application is made shall designate the clerk of such the court
to act as trustee, and the clerk shall serve as trustee without
additional compensation and his. The clerk's official
bond shall
be construed
as conditioned upon the fulfillment of the trust, and no
additional bond shall be required. The trusteeship shall terminate upon the failure of the
debtor to make the payments required by this section and in
accordance with the rules established by the county court or
municipal judge, and all court. The privileges in
conferred by this section that exempt that debtor's personal
earnings from proceedings in garnishment, attachment,
garnishment, proceedings in or aid of execution, or any
other action or proceeding to subject the personal earnings of
such that debtor to the payment of claims or judgments
shall terminate upon such that neglect. If a trusteeship is dismissed for nonpayment, as provided
by this section, the trusteeship shall not be reinstated, and the
debtor shall not be permitted to file for a new trusteeship for a
period of six months from date of the dismissal of the trusteeship,
unless, upon motion supported by affidavit, he the debtor
proves
to the
satisfaction of the court that the failure to maintain the
trusteeship agreement was not due to willful neglect. Sec. 2333.21. The judge may order any property of the
judgment debtor, that is not exempt by law, to be applied
toward the satisfaction of the judgment, but the earnings of the
judgment debtor for his personal services, within thirty days
next preceding the order, shall be applied only in accordance with
sections 2329.66
and 2329.70, and Chapter 2716. of the Revised Code. Sec. 2716.01. (A) A person who obtains a judgment against
another person may garnish the personal earnings of the person
against whom judgment was obtained, only through a proceeding in
garnishment of personal earnings, and only in accordance with
this chapter. (B) A person who obtains a judgment against another person
may garnish the property, other than personal earnings, of the
person against whom judgment was obtained, if the property is in
the possession of a person other than the person against whom
judgment was obtained, only through a proceeding in garnishment
and only in accordance with this chapter. (C) As used in this chapter: (1) "Employer" means a person who is required to withhold
taxes out of payments of personal earnings made to a judgment
debtor. (2) "Personal earnings" means money, or any other
consideration or thing of value, that is paid or due to a person
in exchange for work, labor, or personal services provided by the
person to an employer. (3) "Judgment creditor" means a person who has obtained a
judgment in a civil action against another person. (4) "Judgment debtor" means a person against whom a
judgment has been obtained in a civil action. (5) "Support order" has the same meaning as in section 3113.21
Of the Revised Code. Sec. 2716.02. Any person seeking an order of garnishment
of personal earnings, after obtaining a judgment, shall make the following
demand in writing for the excess of the amount of the judgment
over the amount of personal earnings exempt from execution,
garnishment, attachment, or sale to satisfy a judgment or order,
or for so much of
the excess as will satisfy the judgment. The demand shall be
made after the judgment is obtained and at least fifteen days and not
more than forty-five days before the order is sought by
delivering it to the judgment debtor by personal service by the
court, by sending it to the judgment debtor by certified mail,
return receipt requested, or by sending it to the judgment debtor
by regular mail, which shall be evidenced by a properly completed
and stamped certificate of mailing by regular mail, addressed to
the judgment debtor's last known place of residence. The demand shall be made as follows: "NOTICE OF COURT PROCEEDING TO COLLECT DEBTDate of mailing or date of service by the court
| | To: |
| | (Name of Judgment Debtor) |
| | |
| | (Last Known Residence Address of Judgment Debtor) |
| | You owe the undersigned |
| | (Name of Judgment Creditor) |
$................., including interest and court costs, for
which a judgment was obtained against you or certified in the
.................. court on .........................,
payment of which is hereby demanded. If you do not do one of the three things listed below
within fifteen days of the date of the mailing of this notice or
of its service by the court, we will go to court, unless we are
otherwise precluded by law from doing so, and ask that your
employer be ordered to withhold money from your earnings until the judgment
is paid in full or, if applicable, is paid to a certain extent and
to pay it the withheld money to the court to
satisfy in satisfaction of your debt. This is called garnishment
of personal earnings. It is to your advantage to avoid garnishment of personal
earnings because the placing of the extra burden on your employer
possibly could cause you to lose your job. YOU CAN AVOID THE GARNISHMENT BY DOING ONE OF THESE THREE
THINGS WITHIN THE FIFTEEN-DAY PERIOD: (1) Pay to us the amount due; (2) Complete the attached form entitled "Payment to Avoid
Garnishment" and return it to us with the payment, if any, shown
due on it; or (3) Apply to your local municipal or county court or, if
you are not a resident of Ohio, to the municipal or county court
in whose jurisdiction your place of employment is located, for
the appointment of a trustee to receive the part of your earnings
that is not exempt from garnishment, and notify us that you have
applied for the appointment of a trustee. You will be required
to list your creditors, the amounts of their claims, and the amounts due on
their claims, and the amount you will then will pay
to your
trustee each payday will be divided among them until the debts
are paid off. This can be to your advantage because in the
meantime none of those creditors can garnish your wages. You also may contact a budget and debt counseling
service described in division (D) of section 2716.03 of the Revised Code
for the purpose of entering into an agreement for debt
scheduling. There may not be enough time to set up such an
agreement for debt scheduling in order to avoid a garnishment of your
wages based
upon this demand for payment, but entering into such an agreement
for debt scheduling might protect you from future garnishments of your
wages. Under such an agreement for debt scheduling, you will
have to regularly pay a portion of
your income to the service until the debts subject to the
agreement are paid off. This portion of your income will be paid
by the service to your creditors who are owed debts subject to
the agreement. This can be to your advantage because these
creditors cannot garnish your wages while you make your payments
to the service on time.
| | |
| | (Name of Judgment Creditor) |
| | |
| | (Signature of Judgment Creditor
or Agent) |
| | |
| | |
| | |
| | (Address of Judgment Creditor) |
PAYMENT TO AVOID GARNISHMENT
| To: | | |
| | | (Name of Judgment Creditor) |
| | | |
| | | |
| | | (Address of Judgment Creditor) |
To avoid the garnishment of personal earnings of which you
have given me notice, I enclose $ ............... to apply toward
my indebtedness to you. The amount of the payment was computed
as follows: 1. Total amount of indebtedness demanded:
(1) $.............. 2. Enter the amount of your personal earnings, after deductions
required by law, owed to earned by you for during
the previous current pay period (but do not enter earnings
owed for a that is, the pay period exceeding one month in
which this demand is received by you):
(2) $.............. 3. Enter your pay period (weekly, bi-weekly biweekly,
semi-monthly semimonthly, monthly):
(3) ............... 4. Enter an amount equal to 25% of the amount on line (2):
(4) $.............. 5. (A) The current federal minimum hourly wage is .......... (to be filled
in by Judgment Creditor) (You should use the above figure to complete this portion
of the form.) If you are paid weekly, enter thirty times the
current federal minimum hourly wage; if paid bi-weekly biweekly,
enter
sixty times the current federal minimum hourly wage; if paid
semi-monthly semimonthly, enter sixty-five times the current
federal minimum
hourly wage; if paid monthly, enter one hundred thirty times the
current federal minimum hourly wage:
(5A)5(A) $.............. (B) Enter the amount by which the amount on line (2) exceeds
the amount on line 5(A):
(5B)5(B) $.............. 6. Enter the lesser smallest of the amounts on lines
(1), (4), or 5(B). Send this amount
to the judgment creditor along with this
form after you have signed it:
(6) $.............. I certify that the statements contained above are true to
the best of my knowledge and belief.
| | |
| | (Signature of Judgment Debtor) |
| | |
| | |
| | |
| | (Print Name and Residence Address
of Judgment Debtor) |
I certify that the amount shown on line (2) is a true
statement of the judgment debtor's earnings.
| | |
| | (Print Name of Employer) |
| | |
| | (Signature of Employer or Agent)" |
Sec. 2716.03. (A) A proceeding in garnishment of personal
earnings may be commenced after a judgment has been obtained by a
judgment creditor by the filing of an affidavit in writing made
by the judgment creditor or the judgment creditor's agent or
the judgment creditor's attorney setting forth all of the following: (1) The name of the judgment debtor whose personal
earnings the judgment creditor seeks to garnish; (2) That the affiant has good reason to believe and does
believe that the person, partnership, limited liability company,
or corporation named in the
affidavit as the garnishee is an employer of the judgment debtor
who has personal earnings of the judgment debtor that are not
exempt under section 2329.66 of the Revised Code; (3) That the demand in writing, as required by section
2716.02 of the Revised Code, has been made; (4) That the payment demanded in the notice required by
section 2716.02 of the Revised Code has not been
made, nor has and a sufficient portion of the payment
demanded has not been made to prevent the
garnishment of personal earnings as described in section 2716.02
of the Revised Code; (5) That the affiant has no knowledge of any application by
the judgment debtor for the appointment of a trustee so as to
preclude the garnishment of the judgment debtor's personal earnings; (6) That the affiant has no knowledge that the debt to
which the affidavit pertains is the subject of a debt scheduling
agreement of such a nature that it precludes the garnishment of
the personal earnings of the judgment debtor under division (B)
of this section. (B) No proceeding in garnishment of personal earnings
shall be brought against a judgment debtor sooner than thirty
days after the filing of the last successful proceeding in
garnishment of personal earnings against the judgment debtor,
regardless of who brings the proceeding or who brought the last
successful proceeding. No proceeding in garnishment of personal
earnings shall be brought against a judgment debtor for the
collection of a debt that is the subject of an agreement for debt
scheduling between the judgment debtor and a budget and
debt
counseling service, unless any payment to be made by the judgment
debtor, or by a budget and debt counseling service to
the
judgment creditor under the agreement for debt scheduling between
the judgment debtor and the budget and debt counseling
service,
is due and unpaid for more than forty-five days after the date on
which the payment became due, or unless the judgment creditor
previously was notified by the service that the debt scheduling
agreement between the judgment debtor and the service was
terminated. (C) Upon the filing a court's issuance of a proceeding
in an order of garnishment of personal earnings following a
judgment creditor's filing of an affidavit under this section and
compliance with section 2716.04 Of the Revised Code, the garnishee and the
judgment debtor shall be notified of the proceeding in garnishment of
personal earnings in accordance
with sections 2716.05 and 2716.06 of the Revised Code. (D) As used in this chapter: (1) A "budget and debt counseling service" or
"service"
means a corporation organized under Chapter 1702. of the Revised
Code for the purpose of counseling consumers with respect to
their financial obligations and assisting them in dealing with
their creditors. (2) "Debt scheduling" means counseling and assistance
provided to a consumer by a budget and debt counseling
service
under all of the following circumstances: (a) The counseling and assistance is manifested in an
agreement between the consumer and the service under which the
consumer regularly pays that portion of the consumer's income to
the service
that has been determined not to be required for the maintenance
of health or the essentials of life;. (b) The payments are made to the service until the debts
of the consumer that are the subject of the agreement are fully
retired;. (c) The service has sent written notice, by certified
mail, return receipt requested, or by regular mail evidenced by a
properly completed and stamped certificate of mailing by regular
mail, to the creditors of the consumer that are disclosed by the
consumer to the service. The notice shall contain all of
the
following: (i) A statement of the consumer's intent to participate in
debt scheduling; (ii) A summary of the consumer's income, proposed itemized
budget, schedule of creditors, and proposed debt retirement plan; (iii) A statement of the particular creditor's duty to
respond, in writing, to the service regarding the consumer's
participation in debt scheduling within fifteen days after
receiving the notice. (d) The debts of the consumer that are the subject of the
agreement for debt scheduling are determined as follows: (i) Any debt owed to a creditor that was notified of the
consumer's intent to participate is a subject of the agreement if
the creditor responds to the service and enters into an agreement
with the service, pursuant to which agreement the creditor agrees
not to attempt to collect the debts of the consumer as long as
the consumer regularly pays to the service the amount previously
agreed upon by the service and the consumer and no payment to be
made by the judgment debtor to the service or by the service to
the creditor is due and unpaid for more than forty-five days
after the date on which the payment became due, as long as the
debt scheduling agreement between the consumer and the service
has not been terminated, and as long as the service regularly
pays to the creditor a mutually acceptable amount, which amount
that is either the amount agreed upon by the service and the creditor
on the date they entered into their original agreement or an
amount agreed upon by both the service and the creditor on a date
after the date of the original agreement;. (ii) Any debt owed to a creditor that was notified of the
consumer's intent to participate is a subject of the agreement if
the creditor does not respond to the service and state the
creditor's objection, in writing, to the consumer's participation
in debt scheduling within fifteen days after receiving notice of
the consumer's intention to do so; however, no debt that is
subject to a lien or security interest of any type, other than a
judgment lien or execution lien, shall be a subject of the
agreement unless the creditor specifically assents, in writing,
to the debt being a subject of the agreement. The creditor shall
be considered to have entered into an agreement of the type
described in division (D)(2)(d)(i) of this section, and the
amount to be regularly paid by the service to the creditor shall
be an amount determined to be reasonable by the service or an
amount agreed upon by both the service and the creditor on a date
after the expiration of the fifteen-day period. (iii) Any debt owed to a creditor that was not notified of
the consumer's intent to participate, or a debt owed to a
creditor that was notified of the consumer's intent to
participate and that responded to the service and stated its
objection, in writing, to the consumer's participation in debt
scheduling within fifteen days after receiving notice of the
consumer's intention to do so, is not a subject of the agreement. (e) The service agrees that, if the consumer fails to make
a payment under the agreement within forty-five days of its due
date or if the agreement is terminated, the service will notify
each creditor that is owed a debt that is subject to the
agreement of the failure or termination by regular mail within
two business days of the failure or termination, and the service
provides that notice in accordance with the agreement. Sec. 2716.04. The affidavit required by section 2716.03 of the Revised Code
in a proceeding for garnishment of personal earnings shall be accompanied by
the return receipt requested for the written demand made pursuant to section
2716.02 of the Revised Code, the unclaimed letter, or a photographic or other
direct image copy of the receipt or letter if the demand was sent by certified
letter mail, return receipt requested; by proof of
service by the court of the demand; or by a properly completed and stamped
certificate of mailing by regular mail, a photographic or other direct image
copy of the demand, and a sworn statement that it was sent by regular mail.
The affidavit also shall be accompanied by one dollar ten
dollars as the garnishee's fee for compliance with the order, no part
of which and that fee shall be charged as court costs. Sec. 2716.041. (A) When a municipal court,
county court, or court of common pleas issues an order of
garnishment of personal earnings following a judgment creditor's
filing of an affidavit in accordance with section 2716.03 of the
Revised
Code and the judgment
creditor's compliance with section 2716.04 of the
Revised
Code, the order shall operate
in the manner described in this section, be served upon the
garnishee in accordance with section 2716.05 of the
Revised
Code, be answered by the
garnishee in accordance with division
(F) of this section and
sections 2716.05 and 2716.21 of the
Revised
Code, and be served upon the
judgment debtor in accordance with section 2716.06 of the
Revised
Code. (B) Except as otherwise
provided in this section, an order of garnishment of personal
earnings shall be a continuous order that requires the garnishee
to withhold a specified amount from the judgment debtor's
personal earnings during each pay period of the judgment debtor
following the garnishee's receipt of the order until the
judgment in favor of the judgment creditor and the associated
court costs, judgment interest, and, if applicable, prejudgment
interest awarded to the judgment creditor have been paid in
full. for this purpose, the order of garnishment of personal
earnings shall specify the total probable amount due on the
judgment; shall state that that total probable amount includes
the unpaid portion of the judgment in favor of the judgment
creditor and specify that unpaid portion; shall state that that
total probable amount includes judgment interest and, if
applicable, prejudgment interest at the rate prescribed in
division (a) of section 1343.03
of the Revised
Code or a different rate
provided in a written contract and specify the applicable
interest rate; and shall state that that total probable amount
includes the court costs awarded to the judgment creditor and
specify the amount of those court costs. (C)(1) A continuous
order of garnishment of personal earnings described in division
(B) of this section remains in
effect until whichever of the following first occurs: (a) The total probable amount due on
the judgment described in division
(B) of this section is paid in
full to the judgment creditor as a result of the garnishee's
withholding of the specified amount from the judgment debtor's
personal earnings during each pay period of the judgment debtor
following the garnishee's receipt of the order. (b) The judgment creditor files with
the court that issued the order, and serves upon the garnishee
and judgment debtor in the same manner as a summons is served, a
written notice that the total probable amount due on the
judgment described in division
(B) of this section has been
paid in full to the judgment creditor in the manner
described in division
(C)(1)(a)
of this section or otherwise has been satisfied. (c) a municipal or county court
appoints a trustee for the judgment debtor pursuant to section
2329.70 of the Revised
Code and issues to the
garnishee an order that stays the continuous order of
garnishment of personal earnings. (d) a bankruptcy court of the
united
states issues to the garnishee
an order that stays the continuous order of garnishment of
personal earnings. (e) a municipal or county court or a
court of common pleas issues to the garnishee another order of
garnishment of personal earnings that relates to the same
judgment debtor and a different judgment creditor, and the law
of this state or of the United
States provides that the other
order of garnishment of personal earnings has a higher priority
than the pending continuous order of garnishment of personal
earnings. a higher priority order of that nature may include,
but is not limited to, a support order and an
internal
revenue
service levy. (f) a municipal or county court or a
court of common pleas issues to the garnishee another
order of garnishment of personal earnings that relates to
the same judgment debtor and a different judgment creditor and
that is not described in division
(C)(1)(e)
of this section. (2) if the circumstances described in division
(C)(1)(e)
or (f) of this section apply to a continuous
order of garnishment of personal earnings, division
(D) of this section also
applies to the garnishee and that order. (3) as long as a continuous order of garnishment of
personal earnings with respect to a particular judgment debtor
and a particular judgment creditor
remains in effect or, if the circumstances described in division
(C)(1)(e)
or (f) of this section apply to an order of
that nature, as long as division
(D) of this section applies to
the garnishee and an order of that nature, the particular judgment creditor
may not file in any municipal or
county court or any court of common pleas another affidavit as
described in section 2716.03 of the
Revised
Code that pertains to the
particular judgment debtor and the same judgment that underlies
the order. (4)(a) subject to divisions
(C)(1) and
(D) of this section
and section 2716.05 of the
Revised
Code, a garnishee to whom a
municipal or county court or court of common pleas issues a
continuous order of garnishment of personal earnings shall pay
to the court within thirty days after each pay period of the
judgment debtor ends the amount that the order specifies to be
withheld from the judgment debtor's personal earnings during
each pay period of the judgment debtor following the garnishee's
receipt of the order. the payment to the court of that amount
shall be accompanied by the garnishee's interim report and
answer that shall be substantially in the form set forth in
section 2716.07 of the Revised
Code and shall specifically
state all of the following: (i) the date that the garnishee
received the continuous order of garnishment of personal
earnings; (ii) the total probable amount due on
the judgment, as described in division
(B) of this section; (iii) the amount of the judgment
debtor's personal earnings that has been withheld for the
particular pay period and that is being submitted with the
interim report and answer. (b) a garnishee shall prepare each
interim report and answer in triplicate, shall submit one
complete and signed copy of that document to the
court in accordance with division
(C)(4)(a)
of this section, shall retain one complete and signed
copy of that document for the garnishee's records, and
shall deliver one complete and signed copy of that
document to the judgment debtor. (5)(a) subject to division
(D) of this section, if a
continuous order of garnishment of personal earnings ceases to
remain in effect because of the operation of division
(C)(1) of this section, the
garnishee shall file with the municipal or county court or the
court of common pleas that issued the order the garnishee's
final report and answer. the final report and answer shall be
substantially in the form set forth in section 2716.08 of the
Revised
Code and shall specifically
state all of the following: (i) the date that the garnishee
received the continuous order of garnishment of personal
earnings; (ii) the total probable amount due on
the judgment, as described in division
(B) of this section; (iii) the total amount of the
judgment debtor's personal earnings that the garnishee has
withheld and paid to the court while the order remained in
effect; (iv) the reason listed in division
(C)(1) of this section that
precludes the continuation of the withholding of the specified
amount of the judgment debtor's personal earnings in accordance
with the order. this reason shall be stated only
if the total probable amount due on the judgment, as described
in division (B) of this
section, is not the total amount of the judgment debtor's
personal earnings that the garnishee withheld and paid to the
court while the order remained in effect and if the reason that
the order has ceased to remain in effect is described in
division
(C)(1)(c),
(d), (e), or (f) of this
section. (b) a garnishee shall prepare each
final report and answer in triplicate, shall submit one complete
and signed copy of that document to the court in accordance with
division
(C)(5)(a)
of this section, shall retain one complete and signed copy of
that document for the garnishee's records, and shall deliver one
complete and signed copy of that document to the judgment
debtor. (D)(1) except as
provided in division (D)(2) of
this section, if a garnishee receives an order of garnishment of
personal earnings with respect to a particular judgment debtor
and if, at the time of the receipt of that order, the garnishee
is the subject of a previously received continuous order of
garnishment of personal earnings with respect to the same
judgment debtor, the previous order shall cease to remain in
effect as described in division
(C)(1)(f)
of this section. however, until at least one hundred eighty-two
days have expired from the date that the garnishee began processing the
previous order, the garnishee shall withhold the specified amount
from the judgment debtor's personal earnings in accordance with
the previous order. during that period, the previous order
shall be deemed a higher priority order. upon the expiration of
that period, the garnishee shall comply with division
(C)(5) of this section. (2) if a garnishee receives an order of garnishment of
personal earnings with respect to a particular judgment debtor,
if, at the time of the receipt of that order, the garnishee is
the subject of a previously received continuous order of
garnishment of personal earnings with respect to the same
judgment debtor, and if the law of this state or of the
United
States provides that the
subsequent order has a higher priority than the previous order,
the previous order shall cease to remain in effect as described
in division
(C)(1)(e)
of this section. however, until at least one hundred eighty-two
days have expired from the date the garnishee began processing the
previous order, the garnishee shall comply with division
(D)(3)(c)(ii)
of this section. upon the expiration of that period, the
garnishee shall comply with division
(C)(5) of this section. (3)(a) except as provided in division
(D)(2) and
(3)(b) and (c) of this
section, if a garnishee receives an order of garnishment of
personal earnings with respect to a particular judgment debtor
and if, at the time of the receipt of that order, the garnishee
is the subject of a previously received continuous order of
garnishment of personal earnings with respect to the same
judgment debtor, the garnishee shall do both of the
following: (i) the garnishee shall process the
subsequent order in the order in which the garnishee receives it
and only after all previously received orders of garnishment of
personal earnings with respect to the same judgment debtor have
been processed for a one-hundred-eighty-two-day period or have
ceased to remain in effect for a reason listed in division
(c)(1) of this section. (ii) when, pursuant to the procedure
required by division
(d)(3)(a)(i)
of this section for the stacking of orders of garnishment of
personal earnings with respect to the same judgment debtor, the
subsequent order reaches highest priority, the garnishee shall
process the subsequent order
until the subsequent order ceases to remain in effect
for a reason listed in division
(c)(1) of this section. (b) if a garnishee receives an order of
garnishment of personal earnings with respect to a particular
judgment debtor, if, at the time of the receipt of that order,
the garnishee is the subject of a previously received continuous
order of garnishment of personal earnings with respect to the
same judgment debtor, and if the previous order has a higher
priority under division (D)(1)
or (3)(a) of this section, the garnishee
shall do both of the following: (i) the garnishee shall withhold from
the judgment debtor's personal earnings during each pay period
the amount specified in the previous order for the requisite
one-hundred-eighty-two-day period or until the previous order ceases
to remain in effect for a reason listed in division
(c)(1) of this section. (ii) if the maximum amount of the
personal earnings of the judgment debtor that may be
garnished during each pay period under the law of
this state or of the united
states is not exceeded after
the application of division
(D)(3)(b)(i)
of this section, the garnishee shall withhold from the judgment
debtor's personal earnings during each pay period the amount
specified in one or more of the subsequent orders, in their
order of priority, until the maximum amount of the personal
earnings of the judgment debtor that may be garnished during
each pay period under the law of this state or of the
united
states is reached and as long
as the requisite one-hundred-eighty-two-day processing period
has not expired with respect to a subsequent order and the
subsequent order has not ceased to remain in effect for a reason
listed in division (c)(1) of
this section. (c) if a garnishee receives an order
of garnishment of personal earnings with respect to a particular
judgment debtor, if, at the time of the receipt of that order,
the garnishee is the subject of a previously received continuous
order of garnishment of personal earnings with respect to the
same judgment debtor, and if the subsequent order has a higher
priority under division (D)(2)
of this section, the garnishee shall do both of the
following: (i) the garnishee shall withhold from
the judgment debtor's personal earnings during each pay period
the amount specified in the subsequent order. (ii) if the maximum amount of the
personal earnings of the judgment debtor that may be garnished
during each pay period under the law of this state or of the
united
states is not exceeded after
the application of division
(d)(3)(c)(i)of this section, the garnishee shall withhold from the judgment
debtor's personal earnings during each pay period the amount
specified in one or more of the previous orders, in their order
of priority, until the maximum amount of the personal earnings
of the judgment debtor that may be garnished during each pay
period under the law of this state or of the
united
states is reached and as long
as the requisite one-hundred-eighty-two-day processing period
has not expired with respect to a previous order and the
previous order has not ceased to remain in effect for a reason
listed in division (c)(1) of
this section. (E) if a garnishee
receives an order of garnishment of personal earnings with
respect to a particular judgment debtor and that order, after
applying the provisions of this section, has a higher priority
than a previously received continuous order of garnishment of
personal earnings with respect to the same judgment debtor, the
garnishee promptly shall notify the judgment creditor associated
with the previous order of the receipt of the higher priority
order. (F) if a garnishee
receives an order of garnishment of personal earnings with
respect to a particular judgment debtor and if, at the time of
the receipt of that order, the garnishee is the subject of one
or more previously received continuous orders of garnishment of
personal earnings with respect to the same judgment debtor, the
garnishee shall include in its answer of employer filed pursuant
to section 2716.05 of the
Revised
Code in relation to the
subsequent order all of the following information: (1) the name of the court that issued the subsequent
order and each previous order and the case number associated
with each of those orders; (2) the date that the garnishee received the subsequent
order and each previous order; (3) with respect to the subsequent order and each
previous order, the balance due to the relevant judgment
creditor at the time of the filing of the answer of employer.
the garnishee shall calculate the balance due in relation to a
particular order by subtracting the total amount of the judgment
debtor's personal earnings that the garnishee previously has
withheld and paid to the court pursuant to that
order from the total probable amount due on the judgment
underlying that order, as described in division
(b) of this section. Sec. 2716.05. The garnishee shall be served, in the same
manner as a summons is served, with three copies of the
order of garnishment of personal earnings, together
AND OF A WRITTEN NOTICE THAT THE GARNISHEE ANSWER AS
PROVIDED IN DIVISION (F) OF SECTION 2716.041 OF THE
REVISED CODE, THIS SECTION, AND SECTION 2716.21 OF
THE REVISED CODE AND
with the
garnishee's fee required by section 2716.04 of the Revised Code
and with a written notice that the garnishee answer as provided
in section 2716.21 of the Revised Code. The garnishee also shall
be served, at that time, with two copies of the notice to the
judgment debtor form and hearing of the request for
hearing form described in section
2716.06 of the Revised Code, one copy of the interim report and
answer form described in section 2716.07 of the
Revised
Code, and one copy of the final
report and answer form described in section 2716.08 of
the Revised
Code.
Any A court of common pleas or municipal or county court
that
issues an order of garnishment of personal earnings has
jurisdiction to serve process pursuant to this section upon a
garnishee who does not reside within the territorial jurisdiction of
the
court. Any county court or municipal court that issues an order
of garnishment of personal earnings has jurisdiction to serve
process pursuant to this section upon a garnishee who resides in
any county that is contiguous to that in which the court is
located. When If the garnishee does not reside within the
territorial jurisdiction of the court that issued the order, the
process may
be served upon the garnishee by the proper officer of the county in
which the garnishee resides, or may be personally served
upon the garnishee by personal service by the court, by
sending it to the garnishee by certified mail, return receipt
requested, or by sending it to the garnishee by
regular mail evidenced by a properly completed and stamped
certificate of mailing by regular mail.
The The order of garnishment of personal earnings shall bind
the personal earnings of the judgment debtor due from the
garnishee at the time of service in accordance with this section.
The The order of garnishment of personal earnings and notice to answer
shall be in substantially the following form: "ORDER AND NOTICE OF GARNISHMENT AND ANSWER OF EMPLOYER
| Docket No. |
| Case No. |
| in In the Court |
| , Ohio |
The State of Ohio County of ....................., ss ......................., Judgment Creditor vs. ......................., Judgment Debtor SECTION A. COURT ORDER AND NOTICE OF GARNISHMENTTo: ............................................, Garnishee The judgment creditor in the above case has filed an
affidavit, satisfactory to the undersigned, in the
........................... Court this court stating that you owe
the judgment debtor money for personal earnings and that some of that
money may not be exempt from garnishment under the laws of the
State of Ohio or the laws of the United States. You are therefore ordered to complete the "answer of employer
(garnishee)" in section B of this form, and return the completed
original of this form, together
with any amount shown due on it, to the clerk of this court not later than
.................... Return one completed and signed
copy of this form to the clerk of this court within five (5)
business days after you receive this order of garnishment
together with the amount determined in accordance with the
"answer of employer (garnishee)."
Deliver one completed and signed copy of
this form, and the enclosed accompanying documents
entitled "NOTICE TO THE
JUDGMENT DEBTOR" and "REQUEST FOR HEARING," to the
indicated judgment debtor. Keep the other completed and signed
copy of the this form for
your files. The total probable amount now due on this judgment, including interest and
court costs, is $................... The total probable amount now due
includes the unpaid portion of the judgment in favor of the
judgment creditor, which is $........; interest on that judgment
and, if applicable, prejudgment interest relative to that
judgment at the rate of .....% per annum payable until that
judgment is satisfied in full; and court costs in the amount of
$.......... This order of garnishment of personal earnings is a
continuous order that generally requires you to withhold a
specified amount, as determined in accordance with the
"answer of employer (garnishee)," from the judgment
debtor's personal earnings during each pay period of the
judgment debtor following your receipt of the order until the
judgment in favor of the judgment creditor and the associated
court costs, judgment interest, and, if applicable, prejudgment
interest awarded to the judgment creditor as described above
have been paid in full. you generally must pay that specified
amount to the clerk of this court within thirty (30) days after
the end of each pay period of the judgment debtor and
must include with that specified amount an
"INTERIM REPORT AND ANSWER OF GARNISHEE" substantially in the
form set forth in section 2716.07 of the
Ohio
Revised
Code. A copy of
the "INTERIM REPORT AND ANSWER OF GARNISHEE" is attached to this
order of garnishment of personal earnings, and you may photocopy
it to use each time you pay the specified amount to the clerk of
this court. This order of garnishment of personal earnings
generally will remain in effect until one of the following
occurs: (1) the total probable amount due on the judgment as
described above is paid in full as a result of your withholding
of the specified amount from the judgment debtor's personal
earnings during each pay period of the judgment debtor following
your receipt of the order. (2) the judgment creditor files with this court a
written notice that the total probable amount due on the
judgment as described above has been satisfied. (3) a municipal or county court appoints a trustee for
the judgment debtor and issues to you an order that stays this
order of garnishment of personal earnings. (4) a federal bankruptcy court issues to you an order
that stays this order of garnishment of personal
earnings. (5) a municipal or county court or a court of common
pleas issues to you another order of garnishment of personal
earnings that relates to the judgment debtor and a different
judgment creditor, and ohio or
federal law provides the other order with a higher priority than
this order. (6) a municipal or county court or a court of common
pleas issues to you another order of garnishment of personal
earnings that relates to the judgment debtor and a different
judgment creditor and that does not have a higher priority than
this order. under any of the circumstances listed above, you are
required to file with this court a
"FINAL REPORT AND ANSWER OF GARNISHEE" substantially in the
form set forth in section 2716.08 of the Ohio Revised
Code. A copy of the
"FINAL REPORT AND ANSWER OF GARNISHEE" is attached to this
order of garnishment of personal earnings. under the
circumstances listed in (5) and (6) above, you must
cease processing this order of garnishment one hundred
eighty-two (182) days after you began processing it. special stacking, priority of payment, and manner of
payment rules apply when a garnishee receives multiple orders of
garnishment with respect to the same judgment debtor. these
rules are set forth in section 2716.041 of the Ohio Revised
Code. you should become
familiar with these rules. Witness my hand and the seal of this court this ........... day of
..................., 19......
SECTION B. ANSWER OF EMPLOYER (GARNISHEE)(An employer is one who is required to withhold payroll taxes out of payments
of personal earnings made to the judgment debtor.) (Answer all pertinent questions)Now comes ..............................., the employer
(garnishee) herein, who says:
1. This order of garnishment of personal earnings was received on
| | Yes No |
2. The indicated judgment debtor is in my/our employ. | | ... ... |
If answer is "No," give date of last employment. | | (1)(2) |
| | Yes No |
2. (A) Have you, as an employer, been served with a garnishment
order
less than 30 days preceding the date of service of this form that required
money to be withheld from the earnings of the judgment debtor and paid into
court? | | ... ... |
If the answer is "Yes," give the prior court and case number; omit
questions 3, 4, 5, 6, and 7; sign the form and return it to the court. | | (2A) |
| | Court |
| | |
| | Case No. |
| | Yes No |
(B)3. (A) Is the debt to which the this
order of garnishment
of personal earnings
pertains the subject of an
existing agreement for debt scheduling between the judgment debtor and a
budget and debt counseling service and has the judgment debtor made every
payment that was due under the agreement for debt scheduling no later than
forty-five days after the date on which the payment was due? | | ... ... |
If the answer to both parts of this question is "Yes," give all
available details of the agreement; omit questions 3, 4, 5, 6, and
7;, sign the this form, and return it to the
court. | | (2B)3(A) |
| | Yes No |
(B) Were you, on the date that you received this order of
garnishment of personal earnings, withholding moneys from the judgment
debtor's personal earnings pursuant to another order of garnishment of
personal earnings that Ohio or federal law provides with a higher
priority than this order of garnishment of personal earnings (such as a
support order or Internal Revenue Service
levy)? | | ..... ...... |
If the answer to this question is "Yes," give the name of the
court
that issued the higher priority order, the associated case number, the date
upon which you received that order, and the balance due to the relevant
judgment creditor under that order. | | 3(B) |
| | Yes No |
(C) Did you receive prior to the date that you received
this order of garnishment of personal earnings one or more other orders of
garnishment of personal earnings that are not described in question
3(B), and are you currently processing one or more of those orders
for the statutorily required 182-day period or holding one or more of those
orders for processing for a 182-day period in the sequence of their receipt by
you? | | ..... ..... |
If the answer to this question is "Yes," give the name of
the
court that issued each of those previously received orders, the associated
case numbers, the date upon which you received each of those orders, and the
balance due to the relevant judgment creditor under each of those orders.
List first the previously received order(s) that you are currently processing,
and list each of the other previously received orders in the sequence that you
are required to process them. | | 3(C) |
4. (A) Enter state whether the pay period of
the judgment debtor (is weekly, bi-weekly
biweekly,
semimonthly, or monthly--(do monthly (do not enter a pay
period of more
than one month): | | (3A)4(A) |
(B) Enter the date this order and notice of garnishment was served
on
you: | | (3B) |
(C) Enter the date the judgment debtor's present pay period began
(present pay period means the pay period in which
this order and notice of garnishment was served): | | (3C) |
(D) Enter the date the judgment debtor's present pay period
ends. | | (3D) |
4.(B) Enter the disposable earnings of the judgment
debtor earned during the judgment debtor's present pay period.
(disposable "disposable
earnings" means earnings after deductions required by law.
"Present pay period" means the pay period in which you receive this order
of garnishment of personal earnings.). In determining
disposable earnings, choose the situation below that is applicable to the
judgment debtor: | | |
(A) If you, the employer, have a policy of holding back one pay,
enter
the disposable earnings being held back on the date this order and notice of
garnishment was served on you. | | |
(B) If you, the employer, do not have a policy of holding back one
pay,
enter the amount of disposable earnings earned by the judgment debtor
subsequent to the date of the judgment debtor's receiving the last pay and
prior to the date entered in line 3(B). | | (4) $ |
5. Enter an amount equal to 25% of the amount on line 4: | | (5)4(B) $ |
6.(C) If the judgment debtor's pay period is weekly,
enter on line 4(C) an amount equal to six and one-quarter per cent
(6.25%) of the judgment debtor's disposable earnings set forth on line
4(B). If the judgment debtor's pay period is biweekly or
semimonthly, enter on line 4(C) an amount equal to twelve and
one-half per cent (12.5%) of the judgment debtor's disposable earnings set
forth on line 4(B). If the judgment debtor's pay period is monthly,
enter on line 4(C) an amount equal to twenty-five per cent (25%) of
the judgment debtor's disposable earnings set forth on line 4(B). | | 4(C) |
5. (A) If the judgment debtor is paid weekly, enter thirty
times
the current federal minimum hourly wage; if paid bi-weekly
biweekly, enter sixty times the
current federal minimum hourly wage; if paid semi-monthly
semimonthly, enter sixty-five
times the current federal minimum hourly wage; if paid monthly, enter one
hundred thirty times the current federal minimum hourly wage: | | (6A)5(A) $ |
(B) Enter the amount by which the amount on line 4(B) exceeds
the amount on line 6(A)5(A): | | (6B)5(B) $ |
7.6. Enter on line 6 the smallest of
the amount entered on line 54(C); or
the amount
entered on line 65(B); or the total probable amount now due on
the judgment,
including interest and costs, as indicated in section A of this form.
Pay
this the
amount entered on line 6 into
this court when returning this form: | | (7)6 $ |
I certify that the statements above are true.
| |
| (Print Name of Employer) |
| |
| (Print Name and Title of Person Who Completed Form) |
Signed (Signature of Person Completing Form)Dated this ........... day of ..........., 19....." The copies of the order and notice of garnishment shall be
served upon the garnishee in the same manner as a summons is served.
Section A of the form described in this section shall be filled in
completed before service. Section B of the form shall be filled
in completed by the
garnishee, and the original filed garnishee shall file one
completed and signed copy of the form with the clerk of the court
as the garnishee's answer. The garnishee may keep one completed and
signed copy of the form and shall deliver the
other completed and signed copy of the form to the judgment
debtor not later than the time that the garnishee otherwise would pay
the judgment debtor the personal earnings, which that the
garnishee instead is paying to the court. The
garnishee also shall deliver at that time the two copies of the notice to the
judgment debtor form and hearing of the request for
hearing form described in section 2716.06 of the
Revised Code that were served on the garnishee. No employer shall discharge an employee solely because of
the successful garnishment of the employee's personal earnings
by only one judgment creditor in any twelve-month period. If there are several affidavits seeking orders of garnishment of
personal earnings are filed against the same judgment debtor in
accordance with section 2716.03 Of the Revised Code, they the court
involved shall be issued issue the requested orders in the
same order in which they were the clerk received by the
clerk associated affidavits. Sec. 2716.06. (A) The notice to the judgment debtor that
must be served on the garnishee and delivered to the judgment
debtor shall be in substantially the following form: "(Name and Address of the Court)(Case Caption) Case No. ....... NOTICE TO THE JUDGMENT DEBTORYou are hereby notified that this court has issued an order
in the above case in favor of (name and address of judgment
creditor), the judgment creditor in this proceeding, directing
that some of your personal earnings, now in the possession of
your employer, be used to satisfy some of in satisfaction of
your debt to the
judgment creditor instead of being paid to you. This order was
issued on the basis of the judgment creditor's judgment against
you that was obtained in (name of court) in (case number) on
(date). The law of Ohio provides that you are entitled to keep a
certain amount of your personal earnings free from the claims of
creditors. Additionally, wages under a certain amount may never
be used to satisfy the claims of creditors. The documents
entitled "ORDER AND NOTICE OF GARNISHMENT AND ANSWER OF EMPLOYER"
that are enclosed with this notice show how the amount proposed
to be taken out of your personal earnings was calculated by your
employer. If you dispute the judgment creditor's right to garnish
your personal earnings and believe that you are entitled to
possession of the personal earnings because they are exempt or if
you feel that this order is improper for any other reason, you
may request a hearing before this court by disputing the claim in
the request for hearing form, appearing below, or in a
substantially similar form, and delivering the request for
hearing to this court at the above address, at the office of the
clerk of this court, no later than the end of the fifth business
day after you receive this notice. You may state your reasons
for disputing the judgment creditor's right to garnish your
personal earnings in the space provided on the form; however, you
are not required to do so. If you do state your reasons for
disputing the judgment creditor's right, you are not prohibited
from stating any other reason at the hearing, and if. If
you do not
state your reasons, it will not be held against you by the court,
and you can state your reasons at the hearing. No objections to the
judgment itself will be heard or considered at the hearing. The If you request a hearing, the hearing will be limited to a
consideration of the amount of your wages in the hands of your
employer personal earnings, if any, that can be used to satisfy
all or part in satisfaction of the judgment you owe to the judgment
creditor. No objections to the
judgment itself will be heard or considered at that hearing.
If you request a hearing by delivering your request for
hearing no later than the end of the fifth business day after you
receive this notice, it will be conducted no later than twelve
days after your request is received by the court, and the court
will send you notice of the date, time, and place. You may
indicate in the form that you feel that the need for the hearing
is an emergency and that it should be given priority by the
court. If you do so, the court will schedule the hearing as soon
as practicable after your request is received, and will send you
notice of the date, time, and place. If you do not request a
hearing by delivering your request for hearing no later than the
end of the fifth business day after you receive this notice, some
of your personal earnings will be paid to the judgment creditor. If you have any questions concerning this matter, you may
contact the office of the clerk of this court. If you want legal
representation, you should contact your lawyer immediately. If
you need the name of a lawyer, contact the local bar association.
.............................
Clerk of the Court
.............................
Date" (B) The hearing request for hearing form that must be served on
the
garnishee and delivered to the judgment debtor shall have
attached to it a postage-paid, self-addressed envelope or shall
be on a postage-paid, self-addressed postcard, and shall be in
substantially the following form: "(Name and Address of Court)Case Number .......... Date .......... REQUEST FOR HEARINGI dispute the indicated judgment creditor's right to
garnish my personal earnings in the above case and request that a
hearing in this matter be held no later than twelve days after
delivery of this request to the court. I ........................ feel that the need for the (insert "do" or "do not") hearing is an emergency. I dispute the judgment creditor's right to garnish my personal earnings for
the following reasons: (Optional) I understand that no objections to the judgment itself
will be considered at the hearing. .............................
(Name of Judgment Debtor)
.............................
(Signature)
.............................
(Date) WARNING: IF YOU DO NOT DELIVER THIS REQUEST FOR HEARING OR
A REQUEST IN A SUBSTANTIALLY SIMILAR FORM TO THE OFFICE OF THE ()
CLERK OF THIS COURT WITHIN FIVE (5) BUSINESS DAYS OF YOUR RECEIPT
OF IT, YOU WAIVE YOUR RIGHT TO A HEARING, AND SOME OF YOUR
PERSONAL EARNINGS NOW IN THE POSSESSION OF (EMPLOYER'S NAME)
WILL BE PAID TO (JUDGMENT CREDITOR'S NAME) TO SATISFY SOME
IN
SATISFACTION OF YOUR DEBT TO HIM THE JUDGMENT
CREDITOR." (C) Judgment THE JUDGMENT debtor may receive a hearing in
accordance with this division by delivering a written request for A
hearing to the clerk of the court within five business days after
receipt of the notice provided pursuant to division (A) of this
section. The request may set forth the judgment debtor's reasons
for disputing the judgment creditor's right to garnish the
personal earnings; however, neither the judgment debtor's
inclusion of nor his the judgment debtor's failure to include
such those reasons upon the
request constitutes a waiver of any defense of the judgment
debtor or affects the judgment debtor's right to produce evidence at
any the hearing. If the request is made by the judgment debtor
within the prescribed time, the court shall schedule a hearing no
later than twelve days after the request is made, unless the
judgment debtor indicated that the he judgment debtor felt the
need for the hearing was an emergency, in which case the court shall schedule
the hearing as soon as practicable after the request is made.
Notice of the date, time, and place of the hearing shall be sent
to the parties in accordance with division (E) of this section.
The hearing shall be limited to a consideration of the amount of
wages the personal earnings of the judgment debtor in the
hands of the garnishee, if any, that can be used to satisfy all or
part in satisfaction of the debt owed by
the judgment debtor to the judgment creditor. (D) If the judgment debtor does not request a hearing
within the prescribed time pursuant to division (C) of this
section, the court shall issue an order to the garnishee to pay
all or some of the wages the garnishee owes to the judgment
debtor debtor's personal earnings into court, if they have not
already been paid to the
court. This order shall be based on the answer of the garnishee
filed pursuant to section 2716.05 of the Revised Code. If a
hearing is conducted, the court shall determine at the hearing
the amount of the wages the garnishee owes to the judgment
debtor debtor's personal earnings, if any, that can be used
to satisfy all or part in satisfaction of the debt owed by the
judgment debtor to the judgment creditor, and
issue an order, accordingly, to the garnishee to pay that amount
of the wages personal earnings into court if it has not already
been paid to the
court. (E) If the judgment debtor requests a hearing within the
prescribed time pursuant to division (C) of this section, the clerk shall
send a notice of the date, time, and place of the hearing shall be
sent by
regular mail to the judgment creditor and the judgment debtor by
the clerk. Sec. 2716.07. (A) subject to divisions
(C)(1) and
(D) of section 2716.041 and
section 2716.05 of the
Revised
Code, a garnishee to whom a
municipal or county court or court of common pleas issues a
continuous order of garnishment of personal earnings shall pay
to the court within thirty days after the end of each pay period
of the judgment debtor the amount that the order specifies to be
withheld from the judgment debtor's personal earnings during
each pay period of the judgment debtor following the garnishee's
receipt of the order. the payment to the court of that amount
shall be accompanied by the garnishee's interim report and
answer that shall be substantially in the following form: "interim report and answer of garnishee"
| Case No. |
| In TheCourt |
| , Ohio |
.........., Judgment Creditor | |
vs. | |
.........., Judgment Debtor | |
The garnishee, , in the above case states as follows: 1. the date that the garnishee received the order of
garnishment of the judgment debtor's personal earnings was
......................... 2. the total probable amount due on the judgment,
including court costs, judgment interest, and, if applicable,
prejudgment interest, as stated in section
a of the order of garnishment
of the judgment debtor's personal earnings, is
$..................... 3. the amount that has been withheld from the judgment
debtor's personal earnings during the judgment debtor's present
pay period (which amount represents the amount specified on
line 6
of the
"answer of employer (garnishee)" unless otherwise
stated) and that is submitted with this
"INTERIM REPORT AND ANSWER OF GARNISHEE"
is $................. I certify that the statements above are true.
| |
| (print name of
employer) |
| |
| (print name and title of
person who completed form) |
Signed (signature of person who
completed form) dated this ............... day
of..............., ......." (B) one copy of the
interim report and answer shall be served upon the garnishee in
accordance with section 2716.05 of the
Revised
Code. the garnishee may
photocopy that copy for use in accordance with division
(a) of this section and
division (c)(4) of section
2716.041 of the Revised
Code. Sec. 2716.08. (A) Subject to division (D) of section
2716.041 of the Revised Code, if a continuous order of
garnishment of personal earnings ceases to remain in effect
because of the operation of division (C)(1) of that
section, the garnishee shall file with the municipal or
county court or court of common pleas that issued the order the
garnishee's final report and answer that shall be substantially
in the following form: "FINAL REPORT AND ANSWER OF GARNISHEE"
| Case No. |
| In TheCourt |
| , Ohio |
.........., Judgment Creditor | |
vs. | |
.........., Judgment Debtor | |
the garnishee, , in the above case states
as follows: 1. the date that the garnishee received the order of
garnishment of the judgment debtor's personal earnings was
......................... 2. the total probable amount due on the judgment,
including court costs, judgment interest, and, if applicable,
prejudgment interest, as stated in section
a of the order of garnishment
of the judgment debtor's personal earnings, is
$..................... 3. the total amount that has been withheld from the
judgment debtor's personal earnings and paid to the court while
the order of garnishment of the judgment debtor's personal
earnings remained in effect
is $...................... 4. (when applicable) the total probable amount due on the
judgment (as stated in 2 above) is not equal to the total amount
that has been withheld (as stated in 3 above), and the reason
for that difference is that the order of garnishment of the
judgment debtor's personal earnings ceased to be in effect for
the following statutorily prescribed reason(s) (check whichever
apply): (a) ..... a municipal or county
court appointed a trustee for the judgment debtor and issued an
order that stays the order of garnishment of the judgment
debtor's personal earnings. (b) ..... a federal bankruptcy court
issued an order that stays the order of garnishment of the
judgment debtor's personal earnings. (c) ..... a municipal or county
court or a court of common pleas issued another order of
garnishment of personal earnings that relates to the judgment
debtor and a different judgment creditor, and
ohio or federal law provides
the other order a higher priority. (set
forth the name of the court that issued the higher
priority order, the associated case number, the date that the
higher priority order was received, and the balance due to the
relevant judgment creditor under that
order): (d) ..... a municipal or county
court or a court of common pleas issued another order of
garnishment of personal earnings that relates to the judgment
debtor and a different judgment creditor and that is not
described in 4(c) above. (set
forth the name of the court that issued the subsequently
received order, the associated case number, the date that the
subsequent order was received, and the balance due to the
relevant judgment creditor under that
order): I certify that the statements above are true.
| |
| (Print Name of
Employer) |
| |
| (Print Name and Title of
Person Who Completed Form) |
Signed (Signature of Person Who
Completed Form) Dated this ............... day of .........., " (B) one copy of the
final report and answer shall be served upon the garnishee in
accordance with section 2716.05 of the
Revised
Code. the garnishee shall use
the final report and answer in accordance with division
(a) of this section and
division (c)(5) of section
2716.041 of the Revised
Code. Sec. 2716.09. a municipal or county court
or court of common pleas does not have jurisdiction to modify
and interrupt the processing of an order of garnishment of
personal earnings that that court issued in a proceeding in
garnishment of personal earnings under this chapter unless all
of the following apply: (A) the judgment
creditor and the judgment debtor associated with that order
jointly apply to that court for the modification and
interruption. (B) that judgment
creditor and judgment debtor jointly agree that the amount of
the judgment debtor's personal earnings that is required to be
withheld during each pay period under that court's order should
be modified to a mutually agreed upon and specified amount and
that the garnishee should withhold that specified amount until
the judgment in favor of the judgment creditor and the
associated court costs, judgment interest, and, if applicable,
prejudgment interest awarded to the judgment creditor have been
paid in full or until that court's order otherwise ceases to
remain in effect under division
(C)(1) of section 2716.041 of
the Revised
Code. (C) that court enters
an order that approves of the modification described in division
(B) of this section and causes
a copy of that order to be served upon the garnishee in the same
manner as process is served. Sec. 2716.11. A proceeding for garnishment of property, other than personal
earnings, may be commenced after a judgment has been obtained by a judgment
creditor by the filing of an affidavit in writing made by the judgment
creditor, his agent, or his the judgment creditor's
attorney setting forth all of the following: (A) The name of the judgment debtor whose property, other than personal
earnings, the judgment creditor seeks to garnish; (B) That the affiant has good reason to believe and does believe that the
person named in the affidavit as the garnishee has property, other than
personal earnings, of the judgment debtor that is not exempt under the law of
this state or the United States; (C) A description of the property. Sec. 2716.13. (A) Upon the filing of a proceeding in
garnishment of property, other than personal earnings, under
section 2716.11 of the Revised Code, the court shall cause the
matter to be set for hearing within twelve days thereafter after
that filing. (B) Upon the scheduling of a hearing relative to a
proceeding in garnishment of property, other than personal
earnings, under division (A) of this section, the clerk of the
court immediately shall issue to the garnishee three copies of
the order of garnishment of property, other than personal
earnings, together with
AND OF A WRITTEN NOTICE THAT THE GARNISHEE ANSWER AS PROVIDED IN
SECTION 2716.21 OF THE REVISED CODE AND
the garnishee's fee required by section
2716.12 of the Revised Code and with a written notice that the
garnishee answer as provided in section 2716.21 of the Revised
Code. The copies of the order and of the notice shall be served
upon
the garnishee in the same manner as for the service of a summons is
served. In no case
shall The copies of the order and of the notice shall
not be served later than seven
days prior to the date on which the hearing is scheduled. The
order shall bind the property, other than personal earnings, of
the judgment debtor in the possession of the garnishee at the
time of service. The order of garnishment of property, other than personal
earnings, and notice to answer, three copies of which shall be
served upon the garnishee, shall be in substantially the
following form: "ORDER AND NOTICE OF GARNISHMENT
OF PROPERTY OTHER THAN PERSONAL EARNINGS
AND ANSWER OF GARNISHEE
Docket No. .............
Case No. ...............
In the ........... Court
.................., OhioThe State of Ohio County of ............, ss ..................., Judgment Creditor vs vs.
..................., Judgment Debtor SECTION A. COURT ORDER AND NOTICE OF GARNISHMENTTo: ...................., GarnisheeThe judgment creditor in the above case has filed an
affidavit, satisfactory to the undersigned, in the ..............
this
Court stating that you have money, property, or credits, other
than personal earnings, in your hands or under your control that
belong to the judgment debtor in the case, and that some of the
money, property, or credits may not be exempt from execution or
garnishment under the laws of the State of Ohio or the laws of
the United States. You are therefore ordered to complete the "ANSWER OF GARNISHEE"
in
section (B) of this
form, and return the completed original of this form, together
with any amount shown due on it, to the ........... Court not
later than .......... Return one completed and signed
copy of this form to the clerk of this court together with the
amount determined in accordance with the
"ANSWER OF GARNISHEE" by the following
date on which a hearing is tentatively scheduled relative to
this order of
garnishment: ............ Deliver one completed and signed
copy of this form
to the indicated judgment debtor prior to that date. Keep the
other completed and signed copy of this form for your
files. The total probable amount now due on this judgment,
including interest and court costs, is $................
The total probable amount now due
includes the unpaid portion of the judgment in favor of the
judgment creditor, which is $........; interest on that judgment
and, if applicable, prejudgment interest relative to that
judgment at the rate of .....% per annum payable until that
judgment is satisfied in full; and court costs in the amount of
$........... You also are ordered to hold safely anything of value that
belongs to the indicated judgment debtor and that has to be paid
to
the court, as determined under the "ANSWER OF GARNISHEE" in
section (B) of this form, but that
is of such a nature that it cannot be so delivered, until further
order of the court. Witness my hand and the seal of this court this ..........
day of .........., 19......
...............................
Judge SECTION B. ANSWER OF GARNISHEENow comes ........., the garnishee, who says: 1. That the garnishee has money, property, or credits, other than
personal earnings, of the indicated judgment debtor under the
garnishee's
control and in the garnishee's possession.
2. Said That property is described as: 3. If the answer to line 1 is "yes" and the amount is less
than the probable amount now due on the judgment, including
interest and costs, as indicated in section (A) of this form,
sign and return this form and pay the amount of line 1 to the
clerk of this court. 4. If the answer to line 1 is "yes" and the amount is
greater than that probable amount now due on the judgment, as indicated in
section (A) of this form, sign and return this
form and pay that probable amount now due to the clerk of this
court. 5. If the answer to line 1 is "yes" but the money,
property, or credits are of such a nature that they cannot be
delivered to the clerk of the court, indicate that by placing an
"X" in this space: ...... Do not dispose of that money,
property, or credits or give them to anyone else until further
order of the court. 6. If the answer to line 1 is "no," sign and return this
form to the clerk of this court. I certify that the statements above are true.
.............................
(Print Name of Garnishee)
.............................
(Print Name and Title of
Person Who Completed Form) Signed (Signature of Person Completing Form) Dated this .......... day of .......... 19,....." Section A of the form described in this division shall be
filled in completed before service. Section B of the form shall
be filled
in completed by the garnishee, and the original filed
garnishee shall file one completed and signed copy of the form with the
clerk of the court as the garnishee's
answer. The garnishee may keep one completed and signed copy of the
form and shall
deliver the other completed and signed copy of the form to the
judgment debtor. If there are several affidavits seeking orders of
garnishment of property,
other than personal earnings, are filed against the same judgment
debtor in accordance with section 2716.11 Of the Revised Code,
they the court involved shall be issued issue the
requested orders in the same order in which they were the
clerk
received by the clerk associated affidavits. (C)(1) At the time of the filing of a proceeding in
garnishment of property, other than personal earnings, under
section 2716.11 of the Revised Code, the judgment creditor also
shall file with the clerk of the court a praecipe instructing the
clerk to issue to the judgment debtor a notice to the judgment debtor
form and a hearing request for hearing form. Upon receipt
of the praecipe and the scheduling of
a hearing relative to an action in garnishment of property, other
than personal earnings, under division (A) of this section, the
clerk of the court immediately shall serve upon the judgment
debtor, in accordance with division (D) of this section, two
copies of the notice to the judgment debtor form and hearing
of the request for hearing form. In no case shall the
The copies of the notice to the judgment debtor form and
hearing of the request for hearing form shall not
be served later than seven days prior to the date on
which the hearing is scheduled. (a) The notice to the judgment debtor that must be served
upon the judgment debtor shall be in substantially the following
form: "(Name and Address of the Court)(Case Caption) ........... Case No. ........... NOTICE TO THE JUDGMENT DEBTORYou are hereby notified that this court has issued an order
in the above case in favor of (name and address of judgment
creditor), the judgment creditor in this proceeding, directing
that some of your money, property, or credits, other than
personal earnings, now in the possession of (name and address of
garnishee), the garnishee in this proceeding, be used to satisfy
your debt to the judgment creditor. This order was issued on the
basis of the judgment creditor's judgment against you that was
obtained in (name of court) in (case number) on (date). Upon
your receipt of this notice, you are prohibited from removing or
attempting to remove such the money, property, or credits until
expressly permitted by the court. Any violation of this
prohibition subjects you to punishment for contempt of court. The law of Ohio and the United States provides that certain
benefit payments cannot be taken from you to pay a debt. Typical
among the benefits that cannot be attached or executed upon by a
creditor are the following: (1) Workers' compensation benefits; (2) Unemployment compensation payments; (3) Cash assistance payments under the Ohio works
first program; (4) Disability assistance administered by the Ohio
department of human services; (5) Social security benefits; (6) Supplemental security income (S.S.I.); (7) Veteran's benefits; (8) Black lung benefits; (9) Certain pensions. Additionally, wages under a certain amount may not be taken
to pay the debt. There may be other benefits not included in the
above list that apply in your case.
If you dispute the judgment creditor's right to garnish
your property and believe that the judgment creditor should not be given your
money, property, or credits, other than personal earnings, now in the
possession of the indicated garnishee because they are exempt or
if you feel that this order is improper for any other reason, you
may request a hearing before this court by disputing the claim in
the request for hearing form, appearing below, or in a
substantially similar form, and delivering the request for
hearing to this court at the above address, at the office of the
clerk of this court no later than the end of the fifth business
day after you receive this notice. You may state your reasons
for disputing the judgment creditor's right to garnish your
property in the space provided on the form but;
however, you are not
required to do so. If you do state your reasons for disputing
the judgment creditor's right, you are not prohibited from
stating any other reason at the hearing, and if. If you
do not state
your reasons, it will not be held against you by the court, and
you can state your reasons at the hearing. NO OBJECTIONS TO THE JUDGMENT
ITSELF WILL BE HEARD OR CONSIDERED AT THE HEARING. If If you request a hearing, the hearing will be limited to a
consideration of the amount of your money, property, or credits,
other than personal earnings, in the possession or control of the
indicated garnishee, if any, that can be used to satisfy all or
part of the judgment you owe to the judgment creditor. No
objections to the judgment itself will be heard or considered at
any such hearing.
If you request a hearing by delivering your request for
hearing no later than the end of the fifth business day after you
receive this notice, it will be conducted in .......... courtroom
.........., (address of court), at ..... m. on ..........,
19...... You may request the court to conduct the hearing before
this date by indicating your request in the space provided on the
form; the court then will send you notice of any change in the
date, time, or place of the hearing. If you do not request a
hearing by delivering your request for a hearing no later than the
end of the fifth business day after you receive this notice, some
of your money, property, or credits, other than personal
earnings, will be paid to the judgment creditor. If you have any questions concerning this matter, you may
contact the office of the clerk of this court. If you want legal
representation, you should contact your lawyer immediately. If
you need the name of a lawyer, contact the local bar association.
(b) The hearing request for hearing form that must be served
upon the judgment debtor shall have attached to it a postage-paid,
self-addressed envelope or shall be on a postage-paid
self-addressed postcard, and shall be in substantially the
following form: "(Name and Address of Court)Case Number.......... Date.......... REQUEST FOR HEARINGI disput dispute the judgment creditor' creditor's
right to garnish my
money, property, or credits, other than personal earnings, in the
above case and request that a hearing in this matter be held
........................... the date and time set (Insert "on" or "earlier than") forth in the document entitled "NOTICE OF TO
THE JUDGMENT DEBTOR" that I
received with this request form. I dispute the judgment creditor's right to garnish
my property for the following reasons: (Optional) I UNDERSTAND THAT NO OBJECTIONS TO THE JUDGMENT ITSELF WILL BE HEARD OR
CONSIDERED AT THE HEARING.
| |
| (Name of Judgment Debtor) |
| |
| (Signature) |
| |
| (Date) |
WARNING: IF YOU DO NOT DELIVER THIS REQUEST FOR HEARING OR
A REQUEST IN A SUBSTANTIALLY SIMILAR FORM TO THE OFFICE OF THE
CLERK OF THIS COURT WITHIN FIVE (5) BUSINESS DAYS OF YOUR RECEIPT
OF IT, YOU WAIVE YOUR RIGHT TO A HEARING AND SOME OF YOUR MONEY,
PROPERTY, OR CREDITS, OTHER THAN PERSONAL EARNINGS, NOW IN THE
POSSESSION OF (GARNISHEE'S NAME) WILL BE PAID TO (JUDGMENT
CREDITOR'S NAME) TO SATISFY SOME OF YOUR DEBT TO
(JUDGMENT CREDITOR'S
NAME)." (2) The judgment debtor may receive a hearing in
accordance with this division by delivering a written request for
hearing to the court within five business days after receipt of
the notice provided pursuant to division (C)(1) of this section.
The request may set forth the judgment debtor's reasons for
disputing the judgment creditor's right to garnish the money,
property, or credits, other than wages personal earnings;
however, neither the
judgment debtor's inclusion of nor failure to include such those
reasons upon the request constitutes a waiver of any defense of
the judgment debtor or affects the judgment debtor's right to
produce evidence at any the hearing. If the request is made by
the
judgment debtor within the prescribed time, the hearing shall be
limited to a consideration of the amount of money, property, or
credits, other than wages personal earnings, of the judgment
debtor in the hands of
the garnishee, if any, that can be used to satisfy all or part of
the debt owed by the judgment debtor to the judgment creditor.
If a request for a hearing is not received by the court within
the prescribed time, the hearing scheduled pursuant to division
(A) of this section shall be canceled unless the court grants the
judgment debtor a continuance in accordance with division (C)(3)
of this section. (3) If the judgment debtor does not request a hearing in
the action within the prescribed time pursuant to division (C)(2)
of this section, the court nevertheless may grant a continuance
of the scheduled hearing if the judgment debtor, prior to the
time at which the hearing was scheduled, as indicated on the
notice to the judgment debtor required by division (C)(1) of this
section, establishes a reasonable justification for failure
to request the hearing within the prescribed time. If the court
grants such a continuance of the hearing, it shall cause the
matter to be set for hearing as soon as practicable thereafter.
The continued hearing shall be conducted in accordance with
division (C)(2) of this section. (4) The court may conduct the hearing on the matter prior
to the time at which the hearing was scheduled, as indicated on
the notice to the judgment debtor required by division (C)(1) of
this section, upon the request of the judgment debtor. The
parties shall be sent notice, by the clerk of the court, by
regular mail, of any change in the date, time, or place of the
hearing. (5) If the scheduled hearing is canceled and no
continuance is granted, the court shall issue an order to the
garnishee to pay all or some of the money, property, or credits,
other than wages personal earnings, of the judgment debtor in
the possession of the garnishee at
the time of service of the notice and order into court if they have not
already been paid to the court. This
order shall be based on the answer of the garnishee filed
pursuant to this section. If the scheduled hearing is conducted
or if it is continued and conducted, the court shall determine at
the hearing the amount of the money, property, or credits, other
than wages personal earnings, of the judgment debtor in the
possession of the
garnishee at the time of service of the notice and order, if any, that can be
used to satisfy all or part of the
debt owed by the judgment debtor to the judgment creditor, and
issue an order, accordingly, to the garnishee to pay that amount
into court if it has not already been paid to the court. (D) The notice to the judgment debtor form and hearing
the request for hearing
form, as described in division (C) of this section, shall be
sent
by the clerk by ordinary or regular mail service unless the
judgment creditor requests that service be made in accordance
with the Rules of Civil Procedure, in which case the notice and
form forms shall be served in accordance with the Rules of Civil
Procedure. Any court of common pleas that issues an order of
garnishment of property, other than personal earnings, under this
section has jurisdiction to serve process pursuant to this
section upon a garnishee who does not reside within the
jurisdiction of the court. Any county court or municipal court
that issues an order of garnishment of property, other than
personal earnings, under this section has jurisdiction to serve
process pursuant to this section upon a garnishee who does not
reside within the jurisdiction of the court. Sec. 2716.21. (A) If the answer of a garnishee required
by section 2716.05 or 2716.13 of the Revised Code is not made in
writing as ordered by the court that issued the garnishment
order, the answer shall be made before the clerk of the court of
common pleas of the county in which the garnishee resides, or, if
the garnishee resides outside of the state, before the clerk of
the county in which the garnishee was served or in which the
action is pending. Upon receipt of an answer under this
division, the clerk shall transmit it to the clerk of the court
in which the action is pending, if different, in the same manner
as depositions are required to be directed and transmitted. For
the clerk's services, the clerk shall receive such the fees
as
are allowed by
law for taking depositions and to clerks for furnishing
certificates with their seals of office attached. (B) After written notice the order of garnishment is served on
a
garnishee, as provided in section 2716.05 or 2716.13 of the
Revised Code, the garnishee shall return the answer to the court
that issued the garnishment order within five business days after
receipt of the notice order if the notice order is
served under section 2716.05 of the Revised Code, or before the date
set for the hearing as indicated on the notice order if the
notice order is served under
section 2716.13 of the Revised Code. The garnishee shall answer
all questions addressed to the garnishee regarding the
personal earnings
owed to of the judgment debtor for services rendered before
service of the notice, or regarding the amount of money, property, or
credits, other than personal earnings, of the judgment debtor
that are in the garnishee's possession or under
the garnishee's control at the time of service of the notice and
order, whichever is
applicable. The garnishee shall truly disclose the amount owed
by the garnishee to the judgment debtor whether due or not,
and, in the case
of a corporation, any stock held therein in the corporation by
or for the benefit of
the judgment debtor. If a garnishee answers and it is discovered that, at the
time of the service of the notice order upon the
garnishee,
the garnishee possessed any money, property, or credits of
the judgment
debtor or was indebted to the judgment debtor, the court may
order the payment of the amount owed into court, or it may permit
the garnishee to retain the money, property, or credits or the
amount owed upon the garnishee's executing to the judgment
creditor a bond
with sufficient surety to the effect that the amount will be paid
as the court directs. (C) If, in a garnishee's answer, a garnishee admits an
indebtedness
to the judgment debtor and the court orders the payment of it in
whole or in part to the judgment creditor, and if the garnishee
fails to pay according to the order, execution may issue on the
order. (D) A garnishee shall pay the personal earnings owed to
the judgment debtor or the money or value of the property or
credits, other than personal earnings, of the judgment debtor in
the garnishee's possession or under the
garnishee's control at the time of service of the notice and order
of garnishment, or so much thereof as the
court orders, into court. The garnishee shall be discharged from
liability to the judgment debtor for money so paid, and shall not
be subjected to costs beyond those caused by the garnishee's
resistance of
the claims against the garnishee. A garnishee is liable to
the
judgment
creditor for all money, property, and credits, other than
personal earnings, of the judgment debtor in the garnishee's
possession or
under the garnishee's control or for all personal earnings
due from the
garnishee to the judgment debtor, whichever is applicable,
at
the time the garnishee is served with the written notice and order
required
in under section 2716.05 or 2716.13 of the Revised Code. (E) If a garnishee fails to answer as required by this
section, answers but fails to answer satisfactorily, or fails to
comply with a proper order of a court in connection with a
garnishment under this chapter, the court may proceed against
the garnishee
for contempt. Upon the request of the judgment creditor, a special
examination of a garnishee may be had by the judgment creditor if
the garnishee fails to answer as required by this section,
answers but fails to answer satisfactorily, or fails to comply
with a proper order of a court in connection with the
garnishment. That examination may be conducted in the county in
which the garnishee resides. (F) If a garnishee fails to answer as required by this
section, answers and the garnishee's disclosure answer is not
satisfactory to the
judgment creditor, or fails to comply with the order of the court
to pay the money owed or deliver the property into court or to
give the bond authorized under division (B) of this section, the
judgment creditor may proceed against the garnishee by civil
action. Thereupon, such proceedings may be had as in other civil
actions. Judgment may be rendered in favor of the judgment
creditor for the amount of money owed the judgment debtor in the
garnishee's possession at the time the garnishee was served with the
written notice and order required in of garnishment under
section 2716.05 or 2716.13 of the Revised
Code, and, if it appears on the trial that the garnishee's
answer was incomplete,
for the costs of the proceedings
against the garnishee. The judgment creditor shall pay the costs
of such an action unless it appears on the trial that the
garnishee's disclosure was incomplete. An action
authorized
under this division shall be brought in the county in which the
garnishee resides. Sec. 3111.23. (A)(1) If an administrative officer of a
child support enforcement agency issues an administrative support
order under section 3111.20, 3111.211, or 3111.22 of
the
Revised Code, the agency shall require the
withholding or deduction of an amount of the income or
assets of the obligor in accordance with division (B) of this section or
require the issuance of an order in accordance with section 3111.231 of the Revised Code
to ensure
that withholding or deduction from the income or assets of
the obligor is available from the commencement of the administrative
support order for the collection of the support and any
arrearages that occur. The agency shall determine the specific
withholding or deduction requirements or other requirement applicable
to the obligor under the administrative support order in accordance with
division (B) of this section and section 3111.231 of the Revised Code and shall
include the specific requirements in the notices described in divisions (A)(2)
and (B)
of this section or in an order described under section 3111.231 of the Revised Code.
Any person required to comply with the
withholding or deduction requirements shall determine the manner
of withholding or deducting an amount of the income or
assets of the obligor in accordance with the specific requirements included
in the notices described in those divisions without the need for
any amendment to the administrative support order. Any person required to
comply with an order described in section 3111.231 of the Revised Code shall comply without
the need for any amendment to the administrative order. The agency
shall include in an administrative support order under section 3111.20,
3111.211, or 3111.22 of the Revised Code a general
provision that states the following: "All child support ordered by this administrative support
order shall be withheld or deducted from the income or
assets of
the obligor pursuant to a withholding or deduction
notice issued in accordance with section 3111.23 of
the Revised Code or a withdrawal directive issued pursuant to section
3113.214 of the Revised Code and shall be forwarded to the obligee in accordance with
sections 3111.23 to 3111.28 of the
Revised Code." (2) In any action in which support is ordered or modified
under an administrative support order as described in division
(A)(1) of this section, the child support enforcement agency
shall determine in accordance with division (B) of this section or section
3111.231 of the Revised Code the types of withholding or deduction requirements or
other requirements that should be imposed relative to the obligor under
the administrative support order to collect the support due under the order.
Within fifteen
days after the obligor under the administrative support order is
located subsequent to the issuance of the administrative support
order or within fifteen days after the default under the
administrative support order, whichever is applicable, the agency
shall send a notice by regular mail to each person required to
comply with a withholding or deduction requirement. The notice
shall specify the withholding or deduction requirement and shall
contain all of the information set forth in division (B)(1)
or (2)(b) of this section that is
applicable to the requirement. The notices, plus the notices
provided by the child support enforcement agency that require the obligor to
notify the agency of any change in the obligor's employment status or of any
other change in the status of the obligor's assets, are final and
are
enforceable by the court. The agency shall provide the notice to
the obligor in accordance with division (B)(1)(c) or (2)(c) of this
section, whichever is
applicable, and shall include with that notice the additional
notices described in the particular division that is applicable. (3)(a) If support is ordered or modified on or after
December 31, 1993, under an administrative support order issued
under former section 3111.21 or section 3111.20,
3111.211, or 3111.22 of the Revised Code, if the child support
enforcement agency has determined in accordance
with division (A)(2) of this section the types of withholding or
deduction requirements or other requirements that should be imposed
relative to the
obligor under the support order to collect the support due under
the order, if the agency has sent the appropriate withholding or
deduction notices or issued and sent an order under section 3111.231
of the Revised Code to the persons required to comply with the withholding or deduction
requirements or order that the agency determined should be imposed, and
if the agency is notified or otherwise determines that the
employment status or other circumstances of the obligor have
changed, the agency shall conduct an investigation to determine
whether it is more appropriate to impose another type of or an
additional withholding or deduction requirement or order regarding the
administrative support order and shall issue and send by regular
mail one or more notices described in division (B) of this
section or an order pursuant to section 3111.231 of the Revised Code that it
determines are appropriate. The agency shall immediately cancel any
previously issued notice or order
that no longer is appropriate and send written notice of the cancellation by
regular mail to the person required to comply with the previously issued
notice or order. The notices shall be
sent within fifteen days after the obligor under the
administrative support order is located or within fifteen days
after the default under the administrative support order,
whichever is applicable. The notices shall specify the
withholding or deduction requirement and shall contain all of the
information set forth in division (B)(1)(b) or (2)(b) of this section
that is applicable. The agency
shall provide the notices to the obligor in accordance with
division (B)(1)(c) or (2)(c)
of this section, whichever is applicable, and shall include with that
notice the additional notices described in the particular
division that are applicable. The notices are final and are
enforceable by the court. (b) All support orders issued prior
to December 31, 1993, under former section 3111.21 or section 3111.20 or
3111.22 of the Revised Code that have not been modified or found in
default on or after that date shall
be considered to contain
the general provision described in division (A)(1) of this section
and shall be enforced and modified in the same manner as an order for support
issued on or after December 31, 1993. (4) If, pursuant to division (A)(2) or (A)(3)(a) of this section, a person is
sent a withholding or deduction
notice described in division (B) of this section or an order issued under
section 3111.231
of the Revised Code and the person fails to comply with the notice or
order, the child support enforcement agency, in accordance with section
3111.28 of the Revised Code, shall request the court to find the person in
contempt pursuant to section 2705.02 of the Revised Code. (5) The department of human services shall adopt standard
forms for the support withholding and deduction notices
prescribed by divisions (A)(1) to (3) and (B) of this section.
All child support enforcement agencies shall use the forms in
complying with this section. (B) If a child support enforcement agency is required by
division (A) of this section to issue one or more withholding or
deduction notices described in this division, the agency shall
issue one or more of the following types of notices to pay the
support required under the administrative support order in
question and to pay any arrearages: (1)(a) If the child support enforcement agency determines
that the obligor is receiving income from a payor, the
agency shall require the payor to withhold
from the obligor's income a specified amount
for support in satisfaction of the administrative support order, to begin the
withholding no later than
fourteen
working days
following the date the notice was mailed to the payor
under divisions (A)(2) or (3) and (B)(1)(b) of this section
or, if the payor is an employer, no later than the first pay period that
occurs after
fourteen working days following the date the notice was mailed, to send
the amount withheld to the division of child support in the department
of human
services pursuant to section 5101.325 of the Revised Code,
to send that amount to the division
immediately but not later than seven working days after the
date the
obligor is paid, and
to continue the withholding at intervals specified in the notice
until further notice from the child support enforcement agency. To the
extent possible,
the amount specified in the notice to be withheld shall satisfy
the amount ordered for support in the administrative support
order plus any arrearages that may be owed by the obligor under
any prior court or administrative support order that pertained to
the same child or spouse, notwithstanding the any applicable
limitations of
sections 2329.66, 2329.70, 2716.02, 2716.041, and 2716.05 of the
Revised
Code. However, in no case shall the sum of the amount specified
in the notice to be withheld and any fee withheld by the
payor as a charge for its services exceed the maximum amount permitted
under section 303(b) of the "Consumer Credit Protection Act," 15
U.S.C. 1673(b). (b) If the agency imposes a withholding requirement under
division (B)(1)(a) of this section, the agency, within the
applicable period of time specified in division (A) of this
section, shall send to the payor by regular
mail a
notice that contains all of the information set forth in
divisions (B)(1)(b)(i) to (xi) of this section. The notice is
final and is enforceable by the court. The notice shall contain
all of the following: (i) The amount to be withheld from the obligor's income
and a statement that the amount actually withheld for support and
other purposes, including the fee described in division
(B)(1)(b)(xi) of this section, shall not be in excess of the
maximum amounts permitted under section 303(b) of the "Consumer
Credit Protection Act," 15 U.S.C. 1673(b); (ii) A statement that the payor is required to send
the
amount withheld to the division of child support immediately, but not
later than seven working
days, after the obligor is paid and is required to
report to the
agency the date on which the amount was withheld from the
obligor's income; (iii) A statement that the withholding is binding upon the
payor until further notice from the agency; (iv) A statement that if the payor is an employer,
the payor is subject to a fine to
be determined under the law of this state for discharging the
obligor from employment, refusing to employ the obligor, or
taking any disciplinary action against the obligor because of the
withholding requirement; (v) A statement that, if the payor fails to withhold
income in accordance with the provisions of the notice,
the
payor is liable for the accumulated amount the
payor should have withheld from the obligor's
income; (vi) A statement that the withholding in accordance with
the notice and under the provisions of this section has priority
over any other legal process under the law of this state against
the same income; (vii) The date on which the notice was mailed and a
statement that the payor is required to implement the
withholding no later than
fourteen working days following the date the notice was mailed
or, if the payor is an employer, no later than the first pay period that
occurs after
fourteen working days following the date the notice was mailed
and is required to continue the withholding at the intervals
specified in the notice; (viii) A requirement that the payor promptly notify
the
child support enforcement agency, in writing, within ten working
days after the date of any situation that occurs, including,
termination of employment, layoff of the obligor, any leave of absence of the
obligor without pay, termination of workers' compensation benefits, or
termination of any pension, annuity, allowance, or retirement benefit in
which the payor ceases to pay
income in an amount sufficient
to comply with the administrative order to the obligor and
provide the agency with the obligor's last known address; (ix) A requirement that, if the payor is an
employer, the payor identify in the
notification given under division (B)(1)(b)(viii) of this section
any types of benefits other than personal earnings that the
obligor is receiving or is eligible to receive as a benefit of
employment or as a result of the obligor's termination of
employment, including, but not limited to, unemployment
compensation, workers' compensation benefits, severance pay, sick
leave, lump sum payments of retirement benefits or contributions,
and bonuses or profit-sharing payments or distributions, and the
amount of such benefits, and include in the notification the
obligor's last known address and telephone number, date of birth,
social security number, and case number and, if known, the name
and business address of any new employer of the obligor; (x) A requirement that, no later than the earlier of
forty-five days before the lump-sum payment is to be made or, if
the obligor's right to the lump-sum payment is determined less
than forty-five days before it is to be made, the date on which
that determination is made, the payor notify the child
support enforcement agency of any lump-sum payments of any kind of
one hundred fifty dollars or more that are to be paid to the
obligor, hold
the lump-sum payments of one hundred fifty dollars
or more for thirty
days after the date on which the lump-sum payments otherwise
would have been paid to the obligor, and, upon
order of the agency, pay any specified amount of the lump-sum
payment to the division of child support; (xi) A statement that, in addition to the amount withheld
for support, the payor may withhold a fee from the
obligor's income as a charge for its services in
complying with the
notice a specification of the amount that may be withheld. (c) The agency shall send the notice described in division
(B)(1)(b) of this section to the obligor, and shall attach to the
notice an additional notice requiring the obligor immediately to
notify the child support enforcement agency, in writing, of any
change in employment, including self-employment, and of the
availability of any other sources of income that can be the
subject of any withholding or deduction requirement described in
division (B) of this section. The agency shall serve the notices
upon the obligor at the same time as service of the
administrative support order or, if the administrative support
order previously has been issued, shall send the notices to the
obligor by regular mail at the obligor's last known address
at the same
time that it sends the notice described in division (B)(1)(b) of
this section to the payor. The notification required
of the obligor shall include a description of the nature of any new
employment or income source, the name, business
address, and telephone number of any new employer or income
source,
and any other information reasonably required by the agency. No obligor
shall fail to give the notification as required by division
(B)(1)(c) of this section. (2)(a) If the child support enforcement agency determines
that the obligor has funds on deposit in any account in a
financial institution under the jurisdiction of the court, the
agency may require any financial institution in which the
obligor's funds are on deposit to deduct from the obligor's
account a specified amount for support in satisfaction of the
administrative support order, to begin the deduction no later
than fourteen working days following the date the notice was
mailed to the financial institution under divisions (A)(2) or (3)
and (B)(2)(b) of this section, to send the amount deducted
to the division of child support in the department of human services
pursuant to section
5101.325 of the Revised Code, to send that amount to
the division immediately but not later than
seven working days after the date the latest deduction was made, to
provide the
date
on which the amount was deducted, and to continue the deduction
at intervals specified in the notice until further notice from
the agency. To the extent possible, the amount specified in the
notice to be deducted shall satisfy the amount ordered for
support in the administrative support order plus any arrearages
that may be owed by the obligor under any prior court or
administrative support order that pertained to the same child or
spouse, notwithstanding the limitations of sections 2329.66,
2329.70, and 2716.13 of the Revised Code. (b) If the agency imposes a deduction requirement under
division (B)(2)(a) of this section, it, within the
applicable
period of time specified in division (A) of this section, shall
send to the financial institution by regular mail a notice that
contains all of the information set forth in divisions
(B)(2)(b)(i) to (viii) of this section. The notice is
final and
is enforceable by the court. The notice shall contain all of the
following: (i) The amount to be deducted from the obligor's account; (ii) A statement that the financial institution is
required to send the amount deducted to the division of child support
immediately, but not later than
seven working days, after the date the last deduction was made and is
required
to report to the agency the date on which the amount was deducted
from the obligor's account; (iii) A statement that the deduction is binding upon the
financial institution until further notice from the court or
agency; (iv) A statement that the withholding in accordance with
the notice and under the provisions of this section has priority
over any other legal process under the law of this state against
the same account; (v) The date on which the notice was mailed and a
statement that the financial institution is required to implement
the deduction no later than fourteen working days following the
date the notice was mailed and is required to continue the
deduction at the intervals specified in the notice; (vi) A requirement that the financial institution promptly
notify the child support enforcement agency, in writing, within
ten days after the date of any termination of the account from
which the deduction is being made and notify the agency, in
writing, of the opening of a new account at that financial
institution, the account number of the new account, the name of
any other known financial institutions in which the obligor has
any accounts, and the numbers of those accounts; (vii) A requirement that the financial institution include
in all notices the obligor's last known mailing address, last
known residence address, and social security number; (viii) A statement that, in addition to the amount
deducted for support, the financial institution may deduct a fee
from the obligor's account as a charge for its services in
complying with the administrative order and a specification of
the amount that may be deducted. (c) The agency shall send the notice described in division
(B)(2)(b) of this section to the obligor and shall attach
to the notice an additional notice requiring the obligor immediately to
notify the child support enforcement agency, in writing, of any
change in the status of the account from which the amount of
support is being deducted or the opening of a new account with
any financial institution, of the commencement of employment,
including self-employment, or of the availability of any other
sources of income that can be the subject of any withholding or
deduction requirement described in division (B) of this section.
The agency shall serve the notices upon the obligor at the same
time as service of the administrative support order or, if the
support order previously has been issued, shall send the notices
to the obligor by regular mail at the obligor's last known address at
the
same time that it sends the notice described in division
(B)(2)(b) of this section to the obligor. The additional
notice
also shall notify the obligor that upon commencement of
employment, the obligor may request the agency to cancel its financial
institution account deduction notice and instead issue a notice
requiring the withholding of an amount from the obligor's personal
earnings for support in accordance with division (B)(1) of this section
and that upon commencement of employment the agency may
cancel its financial institution account deduction notice and
instead will issue a notice requiring the withholding of an
amount from the obligor's personal earnings for support in
accordance with division (B)(1) of this section. The notification required of
the obligor shall include a description of the nature of any new
accounts opened at a financial institution located in the county
in which the agency is located, the name and business address of
that financial institution, a description of the nature of any
new employment or income source, the name, business
address, and
telephone number of any new employer or income source, and any
other information reasonably
required by the
agency. (C) If an agency issues or modifies an administrative
support order under section 3111.20, 3111.211, or
3111.22 of
the Revised Code and issues one or more notices described in division (B) of
this section, the agency to the extent possible shall issue a
sufficient number of notices under division (B) of this section
to provide that the aggregate amount withheld or deducted under
those notices satisfies the amount ordered for support in the
administrative support order plus any arrearages that may be owed
by the obligor under any prior court or administrative support
order that pertained to the same child or spouse, notwithstanding
the any applicable limitations of sections 2329.66, 2329.70,
2716.02, 2716.041, 2716.05, 2716.13, and
4123.67 of the Revised Code. However, in no case shall the
aggregate amount withheld pursuant to a withholding
notice issued under division (B)(1) of this section and any fees
withheld pursuant to the notice as a charge for services exceed the
maximum amount
permitted under section 303(b) of the "Consumer Credit Protection
Act," 15 U.S.C. 1673(b). (D) When two or more withholding notices that
are described in division (B)(1) of this section are received by
a payor, the
payor shall
comply with all of the requirements contained in the notices to
the extent that the total amount withheld from the obligor's
income does not exceed the
maximum amount permitted under section 303(b) of the "Consumer
Credit Protection Act," 15 U.S.C. 1673(b), withhold
amounts in accordance with the allocation set forth in divisions
(D)(1) and (2) of this section, notify each agency that issued
one of the notices of the allocation, and give priority to
amounts designated in each notice as current support in the
following manner: (1) If the total of the amounts designated in the notices
as current support exceeds the amount available for withholding
under section 303(b) of the "Consumer Credit Protection Act," 15
U.S.C. 1673(b), the payor shall allocate to each notice an amount
for
current support equal to the amount designated in that notice as
current support multiplied by a fraction in which the numerator
is the amount of income available for withholding and the denominator is the
total amount designated in all of the notices as current support. (2) If the total of the amounts designated in the notices
as current support does not exceed the amount available for
withholding under section 303(b) of the "Consumer Credit
Protection Act," the payor
shall pay all of the
amounts designated as current support in the notices and shall
allocate to each notice an amount for past-due support equal to
the amount designated in that notice as past-due support
multiplied by a fraction in which the numerator is the amount of
income remaining available
for withholding after the payment of current support and the
denominator is the total amount designated in all of the notices
orders as past-due support. (E)(1) Except when a provision specifically authorizes or
requires service other than as described in this division,
service of any notice on any party, a financial
institution, or a payor, for purposes of division
(A) or (B)
of this section, shall be made by
ordinary
first class mail directed to the addressee at the addressee's last
known address, or, in the case of a corporation, at its usual place of doing
business. A notice shall be considered to have been served when it is
mailed. (2) Each party to an administrative support order shall
notify the child support enforcement agency of the party's
current mailing address, current residence address,
current residence telephone number, and current driver's license
number, at the time of the issuance or modification of the order
and, until further
notice of the agency that issues the order, shall notify the
agency of any change in that information
immediately after the
change occurs. No person shall fail to give the notice as required by
division (E)(2) of this section. (3) Each administrative support order issued pursuant to
this section shall contain a notice that states the following in
boldfaced type and in all capital letters: "EACH PARTY TO THIS SUPPORT ORDER MUST
NOTIFY THE CHILD SUPPORT ENFORCEMENT AGENCY IN WRITING OF HIS OR
HER CURRENT MAILING ADDRESS, CURRENT RESIDENCE ADDRESS, CURRENT
RESIDENCE TELEPHONE NUMBER, CURRENT DRIVER'S LICENSE NUMBER, AND
OF ANY CHANGES IN THAT INFORMATION. EACH PARTY MUST NOTIFY THE
AGENCY OF ALL CHANGES UNTIL FURTHER NOTICE FROM THE AGENCY. IF
YOU ARE THE OBLIGOR UNDER THE SUPPORT ORDER AND YOU FAIL TO MAKE
THE REQUIRED NOTIFICATIONS, YOU MAY BE FINED UP TO $50 FOR A
FIRST OFFENSE, $100 FOR A SECOND OFFENSE, AND $500 FOR EACH
SUBSEQUENT OFFENSE. IF YOU ARE AN OBLIGOR AND YOU FAIL TO MAKE THE REQUIRED
NOTIFICATIONS, YOU MAY NOT RECEIVE NOTICE OF THE FOLLOWING
ENFORCEMENT ACTIONS AGAINST YOU: IMPOSITION OF LIENS AGAINST
YOUR PROPERTY; LOSS OF YOUR PROFESSIONAL OR OCCUPATIONAL
LICENSE, DRIVER'S LICENSE, AND RECREATIONAL LICENSE; WITHHOLDING
FROM YOUR INCOME; ACCESS RESTRICTION AND DEDUCTION FROM YOUR ACCOUNTS IN
FINANCIAL
INSTITUTIONS; AND ANY OTHER ACTION PERMITTED BY LAW TO OBTAIN
MONEY FROM YOU TO SATISFY YOUR SUPPORT
OBLIGATION." (4)(a) The parent who is the residential parent and legal
custodian of a child for whom an administrative support order is
issued or the person who otherwise has custody of a child for
whom an administrative support order is issued immediately shall
notify, and the obligor under an administrative support order may
notify, the child support enforcement agency of any reason for
which an administrative support order should terminate,
including, but not limited to, the child's attainment of the age of
majority if the child no longer attends an accredited high school on a
full-time basis;
the child ceasing to attend such a high school on a full-time
basis after attaining the age of majority;
or the death, marriage,
emancipation,
enlistment in the armed services, deportation, or change of legal
or physical custody of the child. Upon receipt of a notice
pursuant to this division,
the agency
immediately shall conduct
an investigation to determine if any reason exists for which the
administrative support order should terminate. The agency may conduct such
an investigation regardless of whether a parent or person with custody sends a
notice that the order should terminate. If the agency
determines the order should terminate, it immediately shall
terminate
the administrative
support order. (b) Upon receipt of a notice given
pursuant to division
(E)(4)(a) of this section,
the agency shall direct the division of child
support to impound any funds received for the child pursuant to the
administrative support order and the agency shall set the case for an
administrative hearing for a
determination of whether the administrative support order should
be terminated or modified or whether the agency should take any
other appropriate action. (c) If the child support enforcement agency terminates an
administrative support order pursuant to divisions
(E)(4)(a) and
(b) of this section, the termination of the support order also
terminates any withholding or deduction order as described in
division (B) of this section issued prior to December 31, 1993, and any
withholding or deduction notice as described in division (B) of
this section issued on or after December 31, 1993. Upon the
termination of any withholding or deduction order or notice, the agency
immediately shall
notify each payor or financial institution required to withhold or deduct
a sum of
money for
the payment of support under the terminated withholding or
deduction order or notice
that the order or notice has been terminated and that it is
required to cease all withholding or deduction under the order or
notice. (d) The department of human services shall adopt rules
that provide for both of the following: (i) The payment to the appropriate person of any funds
that
the division of child support has
impounded under division
(E)(4)(b) of this section, consistent with the agency's
determination pursuant to
divisions (E)(4)(a) and (b) of this section; (ii) The return to the appropriate person of any other
payments made pursuant to an administrative support order, if the
payments were made at any time after the administrative support
order has been terminated
pursuant to divisions (E)(4)(a) and (b) of this section. (5) If any party to an administrative support order
requests a modification of the administrative support order, the agency shall
proceed as provided in section 3111.27 of the
Revised Code. If the obligor is in default under the administrative support
order, the
agency shall proceed as provided in division (B) of section 3113.21
of the Revised Code. If any person otherwise files an action to enforce an
administrative
support order, the agency shall proceed as provided in sections 3111.20 to
3111.28 of the Revised Code. (F)(1)(a) Upon receipt of a notice that a lump-sum payment of
one hundred fifty dollars or more is to be paid
to the obligor, the
agency shall do either of the following: (i) If the obligor is in default under the administrative
support order or has any unpaid arrearages under the
administrative support order, issue an administrative order
requiring the transmittal of the lump-sum payment to the division of
child support; (ii) If the obligor is not in default under the
administrative support order and does not have any unpaid
arrearages under the support order, issue an administrative order
directing the person who gave the notice to the agency to
immediately pay the full amount of the lump-sum payment to the
obligor. (b) Upon receipt of notice that
a lump-sum payment of less than one hundred fifty dollars is to be paid to the
obligor, the agency may take the action described in division
(F)(1)(a) of this
section. (2) Upon receipt of any moneys pursuant to division
(F)(1)(a) of this section, the division of child support
shall pay the amount of the lump-sum payment that is
necessary to discharge all of the obligor's arrearages to the obligee and,
within two business days after its receipt of the money, any
amount that is remaining after the payment of the arrearages to
the obligor. (G)(1) Any administrative support order, or modification
of an administrative support order, that is subject to this
section shall contain the date of birth and social security
number of the obligor. (2) No withholding or deduction notice described in
division (B) of this section shall contain any information other
than the information specifically required by division (B) or
(G)(3) of this section or by any other section of the Revised
Code and any additional information that the issuing agency
determines may be necessary to comply with the notice. (3) Each withholding or deduction notice described in
division (B) of this section shall include notice of all of the
following: (a) That the child support enforcement agency may bring an
action under section 3111.28 of the Revised Code requesting the
court to find the payor or financial
institution in contempt pursuant
to section 2705.02 of the Revised Code if the payor or
financial institution fails to
comply with the withholding or deduction notice; (b) That, if the payor or financial institution fails to comply with the
withholding or deduction
notice,
that failure to comply is contempt
pursuant to section 2705.02 of the Revised Code. (H) No withholding or deduction notice described in
division (B) of this section and issued under this section or any
other section of the Revised Code shall be terminated solely
because the obligor pays any part or all of the arrearages under
the administrative support order. (I)(1) Except as provided in division (I)(2) of this
section, if child support arrearages are owed by an
obligor to
the obligee and to the department of human services, any payments
received on the arrearages by the division of child support
first shall be paid to the obligee until the
arrearages
owed to the obligee are paid in full. (2) Division (I)(1) of this section does not apply to the
collection of past-due child support from refunds of paid federal
taxes pursuant to section 5101.32 of the Revised Code or of
overdue child support from refunds of paid state income taxes
pursuant to sections 5101.321 and 5747.121 of the Revised Code. Sec. 3113.21. (A)(1) In any action in which support is
ordered under Chapter 3115. or under section 2151.23, 2151.231,
2151.232, 2151.33, 2151.36, 2151.49, 3105.18, 3105.21, 3109.05, 3109.19,
3111.13, 3113.04, 3113.07, 3113.216, or 3113.31 of the Revised Code, the court
shall require the withholding or deduction of income or
assets of the obligor in accordance with division (D) of this
section or require the issuance of another type of appropriate
court order in accordance with division (D)(3) or
(4) or (H) of
this section to ensure that withholding or deduction from the
income or assets of the obligor is available from the
commencement
of the support order for the collection of the support and any
arrearages that occur. The court shall determine the specific
withholding or deduction requirements or other appropriate
requirements applicable to the obligor under the support order in
accordance with divisions (D) and (H) of this section and section
2301.371 of the Revised Code and shall include the specific
requirements in the notices described in divisions (A)(2) and (D)
of this section or in the court orders described in divisions
(A)(2), (D)(3) or (4), and (H) of this
section. Any person
required to comply with any withholding or deduction requirement
shall determine the manner of withholding or deducting from the
specific requirement included in the notices described in those
divisions without the need for any amendment to the support
order, and any person required to comply with a court order
described in division (D)(3), (D)(4), or
(H) of this section
shall comply with the court order without the need for any
amendment to the support order. The court shall include in any action in
which support is ordered as described in division (A)(1) of this
section a general provision that states the following: "All child support and spousal support under this
order shall be withheld or deducted from the income or
assets of
the obligor pursuant to a withholding or deduction
notice or appropriate court order issued in accordance with section
3113.21 of
the Revised Code or a withdrawal directive issued pursuant to section
3113.214 of the Revised Code and shall be forwarded to the obligee in accordance with
sections 3113.21 to 3113.213 of the
Revised Code." (2) In any action in which support is ordered or modified
as described in division (A)(1) of this section, the court shall
determine in accordance with divisions (D) and (H) of this
section the types of withholding or deduction requirements or
other appropriate requirements that should be imposed relative to
the obligor under the support order to collect the support due
under the order. Within fifteen days after the obligor under the
support order is located subsequent to the issuance of the
support order or within fifteen days after the default
under the
support order, whichever is applicable, the court or the child
support enforcement agency, as determined by agreement of the
court and the agency, shall send a notice by regular mail to each
person required to comply with a withholding or deduction
requirement. The notice shall specify the withholding or
deduction requirement and shall contain all of the information
set forth in division (D)(1)(b) or (2)(b) of this section that is
applicable to the requirement. If
the appropriate requirement is an order of the type described in
division (D)(3), (D)(4), or (H) of this
section, the court shall issue and send a court order in accordance with that
division. The notices and court orders, and the notices provided by the court
or child support enforcement agency that require the obligor to notify the
agency of any change in the obligor's employment status or of any other change
in the status of the obligor's assets, are final and are
enforceable by the court. When the court or agency issues a notice, it shall
provide the notice to the obligor in accordance with division
(D)(1)(c) or (D)(2)(c) of this
section, whichever is applicable, and shall include with the
notice the additional notices described in the particular
division that is applicable. (3)(a) If support is ordered or modified on or after
December 31, 1993, under Chapter 3115. or under section 2151.23,
2151.231, 2151.232, 2151.33,
2151.36, 2151.49, 3105.18, 3105.21, 3109.05, 3109.19, 3111.13,
3113.04, 3113.07, 3113.216, or 3113.31 of the Revised Code, if the court
has determined in accordance with division (A)(2) of this section
the types of withholding or deduction requirements or other
appropriate requirements that should be imposed relative to the
obligor under the support order to collect the support due under
the order, if the court or a child support enforcement agency has
mailed the appropriate notice to the person required to comply
with the withholding or deduction requirements that the court has
determined should be imposed or the court has issued and sent a
court order described in division (D)(3),
(D)(4), or (H) of this
section containing the other appropriate requirements that the
court determined should be imposed, and if the child support
enforcement agency is notified or otherwise determines that the
employment status or other circumstances of the obligor have
changed and that it is more appropriate to impose another type of
or an additional withholding or deduction requirement or another
type of or additional court order containing another appropriate
requirement, the agency immediately shall comply with section
3113.212 of the Revised Code. The notices and court orders
issued under this division and section 3113.212 of the Revised
Code, and the notices provided by the court or child support
enforcement agency that require the obligor to notify the agency of any change
in the obligor's employment status or of any other change in the status of the
obligor's assets,
are final and are enforceable by the court. (b) All orders for support issued
prior to December 31,
1993, under Chapter 3115. or under section 2151.23, 2151.231, 2151.33,
2151.36,
2151.49, 3105.18, 3105.21, 3109.05, 3109.19, 3111.13, 3113.04,
3113.07, 3113.216, or 3113.31 of the Revised Code that have not been
modified or subject to division
(B) of this section regarding a default under the order on
or after that date
shall be considered to contain the general provision described in division
(A)(1) of this section and shall be enforced and modified in the same
manner as an order for support issued on or after December 31, 1993. (4) The department of human services shall adopt standard
forms for the support withholding and deduction notices that are
prescribed by divisions (A)(1) to (3) and (B) of this section.
All courts and child support enforcement agencies shall use the
forms in issuing withholding and deduction notices in compliance
with this section. (B)(1)(a) In any action in which support is ordered under
Chapter 3115. or under section 2151.23, 2151.231, 2151.232,
2151.33, 2151.36, 2151.49,
3105.18, 3105.21, 3109.05, 3109.19, 3111.13, 3111.20,
3111.211, 3111.22, 3113.04, 3113.07, 3113.216,
or 3113.31 of the Revised Code and in which there has been a
default under the order, the court shall comply with divisions
(B)(1) to (6) of this section. If the support was ordered prior to December 31, 1993, or pursuant
to section 3111.20, 3111.211, or 3111.22 of the
Revised
Code, the
court that issued the order, or in the case of an order pursuant to section
3111.20, 3111.211, or 3111.22 of the Revised Code, the common pleas court of the county in
which the child support enforcement agency that issued the order is
located, shall reissue the support order under which there has been
a default and
shall include in the reissued order a general
provision as described in this division requiring the withholding
or deduction of income or assets of the obligor in
accordance with
division (D) of this section or requiring the issuance of a court
order containing another type of appropriate requirement in
accordance with division (D)(3), (D)(4),
or (H) of this section
to ensure that withholding or deduction from the income or
assets
is available for the collection of current support and
any arrearages that occur. If the support was ordered pursuant to section
3111.20, 3111.211, or 3111.22 of the
Revised Code and the support order includes a general provision similar to the
one described in this division,
the court shall replace the similar general provision with the general
provision described in this division. Except for the inclusion or replacement
of the general
provision, the provisions of the reissued order required under
this division shall be identical to those of the support order
under which there has been a default. When support
has been ordered under any chapter or section described in this
division, the child support enforcement agency shall initiate
support withholding when the order is in default. Immediately
after the identification of a default under the
support order, the
child support enforcement agency shall conduct the investigation
described in division (B)(1)(b) of this section. Additionally,
within fifteen calendar days after the identification of a
default under the support order, the child support enforcement
agency shall investigate the default and, if it is
before July 1, 1999, send advance notice to the obligor. On and after that
date, the division of child support in
the department of human services shall send the advance notice to
the obligor. The advance notice shall include
a notice describing the actions that may be taken against the obligor
pursuant to sections 2301.353, 2301.373,
2301.374, 2301.375, 2301.42 to 2301.45, and
3113.214 of the Revised Code if the court or agency
makes a final and enforceable determination that the obligor is in default
pursuant to this division. If
the location of the obligor is unknown at the
time of the identification of a default under the support order,
the division shall send the advance notice to the obligor within
fifteen days after the agency locates the obligor. The general
provision for the withholding or deduction of income or
assets to
be included in the reissued support order specifically shall
include the following statement: "All child support and spousal support under this
order shall be withheld or deducted from the income or
assets of
the obligor pursuant to a withholding or deduction
notice or appropriate court order issued in accordance with section
3113.21 of the Revised Code or a withdrawal directive issued pursuant to
section 3113.214 of the Revised Code and shall be forwarded to the obligee in
accordance with sections 3113.21 to 3113.213 of the
Revised Code." (b) After the identification of a default under a support
order as described in division (B)(1)(a) of this section, the
child support enforcement agency immediately shall conduct an
investigation to determine the employment status of the obligor,
the obligor's social security number, the name and business
address of the obligor's employer, whether the obligor is in
default under a support order, the amount of any arrearages, and
any other information necessary to enable the court or agency to
impose any withholding or deduction requirements and issue the
related notices described in division (D) of this section or to
issue any court orders described in division (D)(3) or
(4) of
this section. The agency also shall conduct an investigation
under this division when required by division (C)(1)(a) or (b) of
this section, shall complete the investigation within twenty days
after the obligor or obligee files the motion with the court
under division (C)(1)(a) of this section or the court orders the
investigation under division (C)(1)(b) of this section. (2) An advance notice to an obligor required by division
(B)(1) of this section shall contain all of the following: (a) A statement of the date on which the advance notice is
sent, the amount of arrearages owed by the obligor as determined
by the court or the child support enforcement agency, the types
of withholding or deduction requirements and related notices
described in division (D) of this section or the types of court
orders described in division (D)(3),
(D)(4), or (H) of this
section that will be issued to pay support and any arrearages,
and the amount that will be withheld or deducted pursuant to
those requirements; (b) A statement that any notice for the withholding or
deduction of an amount from income or
assets apply to all current and subsequent
payors of the obligor and
financial institutions in which the obligor has an account and that any
withholding or deduction requirement and
related notice described in division (D) of this section or any
court order described in division (D)(3),
(D)(4), or (H) of this
section that is issued will not be discontinued solely because
the obligor pays any arrearages; (c) An explanation of the administrative and court action
that will take place if the obligor contests the inclusion of any
of the provisions; (d) A statement that the contents of the advance notice
are final and are enforceable by the court unless the obligor
files with the child support enforcement agency, within seven
days after the date on which the advance notice is sent, a
written request for an administrative hearing to determine if a
mistake of fact was made in the notice. (3) If the obligor requests a hearing regarding the
advance notice in accordance with division (B)(2)(d) of this
section, the child support enforcement agency shall conduct an
administrative hearing no later than ten days after the date on
which the obligor files the request for the hearing. No later
than five days before the date on which the hearing is to be
conducted, the agency shall send the obligor and the obligee
written notice of the date, time, place, and purpose of the
hearing. The notice to the obligor and obligee also shall
indicate that the obligor may present testimony and evidence at
the hearing only in regard to the issue of whether a mistake of
fact was made in the advance notice. At the hearing, the child support enforcement agency shall
determine whether a mistake of fact was made in the advance
notice. If it determines that a mistake of fact was made, the
agency shall determine the provisions that should be changed and
included in a corrected notice and shall correct the advance
notice accordingly. The agency shall send its determinations to
the obligor. The agency's determinations are final and are
enforceable by the court unless, within seven days after the
agency makes its determinations, the obligor files a written
motion with the court for a court hearing to determine if a
mistake of fact still exists in the advance notice or corrected
advance notice. (4) If, within seven days after the agency makes its
determinations under division (B)(3) of this section, the obligor
files a written motion for a court hearing to determine if a
mistake of fact still exists in the advance notice or the
corrected advance notice, the court shall hold a hearing on the
request as soon as possible, but no later than ten days, after
the request is filed. If the obligor requests a court hearing,
no later than five days before the date on which the court
hearing is to be held, the court shall send the obligor and the
obligee written notice by ordinary mail of the date, time, place,
and purpose of the court hearing. The hearing shall be limited
to a determination of whether there is a mistake of fact in the
advance notice or the corrected advance notice. If, at a hearing conducted under this division, the court
detects a mistake of fact in the advance notice or the corrected
advance notice, it immediately shall correct the notice. (5) Upon exhaustion of all rights of the obligor to
contest the withholding or deduction on the basis of a mistake of
fact and no later than the expiration of forty-five days after
the issuance of the advance notice under division (B)(1) of this
section, the court or child support enforcement agency shall
issue one or more notices requiring withholding or deduction of
income or assets of the obligor in accordance with
divisions
(A)(2) and (D) of this section, or the court shall issue one or
more court orders imposing other appropriate requirements in
accordance with division (A)(2) and division (D)(3),
(D)(4), or
(H) of this section. Thereafter, section 3113.212 of the Revised
Code applies in relation to the issuance of the notices and court
orders. The notices and court orders issued under this division
or section 3113.212 of the Revised Code are final and are
enforceable by the court. The court or agency shall send to the
obligor by ordinary mail a copy of the withholding or deduction
notice, in accordance with division (D) of this section. The
failure of the court or agency to give the notice required by
this division does not affect the ability of any court to issue
any notice or order under this section or any other section of
the Revised Code for the payment of support, does not provide any
defense to any notice or order for the payment of support that is
issued under this section or any other section of the Revised
Code, and does not affect any obligation to pay support. (6) The department of human services shall adopt standard
forms for the advance notice prescribed by divisions (B)(1) to
(5) of this section. All courts and child support enforcement
agencies shall use those forms, and the support withholding and
deduction notice forms adopted under division (A)(4) of this
section, in complying with this section. (C)(1) In any action in which support is ordered under
Chapter 3115. or under section 2151.23, 2151.231, 2151.232,
2151.33, 2151.36, 2151.49,
3105.18, 3105.21, 3109.05, 3109.19, 3111.13, 3113.04,
3113.07,
3113.216, or 3113.31 of the Revised Code, all of the following apply: (a) The obligor or obligee under the order may file a
motion with the court that issued the order requesting the
issuance of one or more withholding or deduction notices as
described in division (D) of this section to pay the support due
under the order. The motion may be filed at any time after the
support order is issued. Upon the filing of a motion pursuant to
this division, the child support enforcement agency immediately
shall conduct, and shall complete within twenty days after the
motion is filed, an investigation in accordance with division
(B)(1)(b) of this section. Upon the completion of the
investigation and the filing of the agency's report under
division (B)(1)(b) of this section, the court shall issue one or
more appropriate orders described in division (D) of this
section. (b) If any proceedings involving the support order are commenced
in the court and if the court has not issued any orders under division (D) of
this
section as it existed prior to December 31,
1993, with respect to the support order, if the court
determines that any orders issued under division (D) of this section as it
existed prior
to December 31, 1993, no longer are
appropriate, if the court on or after December 31,
1993, has not modified or
reissued the support order under
division (A) or (B) of this section and issued any notices under
division (D) or court orders under division (D)(3) or
(4) of this
section, or if the court on or after December 31, 1993,
has modified or
reissued the support order under
division (A) or (B) of this section and issued one or more
notices under division (D) or one or more court orders under
division (D)(3) or (4) of this section
but determines that the
notices or court orders no longer are appropriate, the court,
prior to or during any hearings held with respect to the
proceedings and prior to the conclusion of the proceedings, shall
order the child support enforcement agency to conduct an
investigation pursuant to division (B)(1)(b) of this section. Upon the filing
of the findings of the agency following the
investigation, the court, as necessary, shall issue one or more
notices described in division (D) or one or more court orders
described in division (D)(3) or (4) of
this section or modify any
notices previously issued under division (D) or any court orders
previously issued under division (D)(3) or
(4) of this section. (c)(i) If a child support enforcement agency, in
accordance with section 3113.216 of the Revised Code, requests
the court to issue a revised child support order in accordance
with a revised amount of child support calculated by the agency,
the court shall proceed as described in this division. If
neither the obligor nor the obligee requests a court hearing on
the revised amount of child support, the court shall issue a
revised child support order requiring the obligor to pay the
revised amount of child support calculated by the agency.
However, if the obligor or the obligee requests a court hearing
on the revised amount of child support calculated by the agency,
the court, in accordance with division (C)(1)(c)(ii) of this
section, shall schedule and conduct a hearing to determine if the
revised amount of child support is the appropriate amount and if
the amount of child support being paid under the child support
order otherwise should be revised. (ii) If the court is required to schedule and conduct a
hearing pursuant to division (C)(1)(c)(i) of this section, the
court shall give the obligor, obligee, and agency at least thirty
days' notice of the date, time, and location of the hearing;
order the obligor to provide the court with a copy of the
obligor's federal income tax return from the previous year, a
copy of all pay stubs obtained by the obligor within the
preceding six months, a copy of all other records evidencing
the receipt of any other salary, wages, or compensation by the
obligor within the preceding six months, a list of the group health
insurance and health care policies, contracts, and plans available to the
obligor and their costs, and the current health insurance or health care
policy, contract, or plan under which the obligor is enrolled and its
cost, if the obligor failed to
provide any of those documents to the agency, and order the
obligee to provide the court with a copy of the obligee's federal
income tax return from the previous year, a copy of all pay stubs
obtained by the obligee within the preceding six months, a
copy of all other records evidencing the receipt of any other
salary, wages, or compensation by the obligee within the
preceding six months, a list of the group health insurance and health care
policies, contracts, and plans available to the obligee and their costs, and
the current health insurance or health care policy, contract, or plan under
which the obligee is enrolled and its cost, if the obligee failed
to provide any of
those documents to the agency; give the obligor and the obligee
notice that any willful failure to comply with that court order
is contempt of court and, upon a finding by the court that the
party is in contempt of court, the court and the agency will take
any action necessary to obtain the information or make any
reasonable assumptions necessary with respect to the
information
the person in contempt of court did not provide to ensure a fair and
equitable
review of the child support order; issue a revised child support
order requiring the obligor to pay the revised amount of child
support calculated by the agency, if the court determines at the
hearing that the revised amount of child support calculated by
the agency is the appropriate amount; and determine the
appropriate amount of child support and, if necessary, issue a
revised child support order requiring the obligor to pay the
amount of child support determined by the court, if the court
determines that the revised amount of child support calculated by
the agency is not the appropriate amount. (iii) In determining, at a hearing conducted under
divisions (C)(1)(c)(i) and (ii) of this section, the appropriate
amount of child support to be paid by the obligor, the court
shall consider, in addition to all other factors required by law
to be considered, the appropriate person, whether it is the obligor,
obligee, or both, to be required in accordance with section 3113.217 of the
Revised Code to
provide health insurance coverage for the children specified in the order,
and the cost of health insurance which the obligor,
the obligee, or both have been
ordered in accordance with section 3113.217 of the Revised Code to obtain for
the children specified in the order. (d)(i) An obligee under a child
support order may file a motion with the court that issued the
order requesting the court to modify the order to require the
obligor to obtain health insurance coverage for the children who
are the subject of the order, and an
obligor under a child support order may file a motion with the
court that issued the order requesting the court to modify the
order to require the obligee to obtain health insurance coverage
for those children. Upon the filing of such a motion, the court
shall order the child support enforcement agency to conduct an
investigation to determine whether the obligor or obligee has
satisfactory health insurance coverage for the children. Upon
completion of its investigation, the agency shall inform the
court, in writing, of its determination. If the court determines
that neither the obligor nor the obligee has satisfactory health
insurance coverage for the children, it shall modify
the child support order in
accordance with section 3113.217 of the Revised Code. (ii) An obligor or obligee under
a child support order may file a motion with the court that
issued the order requesting the court to modify the amount of
child support required to be paid under the order because that
amount does not adequately cover the medical needs of the child. Upon the
filing of such a motion, the court shall determine
whether the amount of child support required to be paid under the
order adequately covers the medical needs of the child and
whether to modify the order, in accordance with division (B)(4)
of section 3113.215 of the Revised Code. (e) Whenever a court modifies, reviews, or otherwise
reconsiders a child support order, it may reconsider which parent
may claim the children who are the subject of the child support
order as dependents for federal income tax purposes as set forth
in section 151 of the "Internal Revenue Code of 1986," 100 Stat.
2085, 26 U.S.C. 1, as amended, and shall issue its determination
on this issue as part of the child support order. The court in
its order may permit the parent who is not the residential parent
and legal custodian to claim the children as dependents for
federal income tax purposes only if the payments for child
support are current in full as ordered by the court for the year
in which the children will be claimed as dependents. If the
court determines that the parent who is not the residential
parent and legal custodian may claim the children as dependents
for federal income tax purposes, it shall order the residential
parent to take whatever action is necessary pursuant to section
152 of the "Internal Revenue Code of 1986," 100 Stat. 2085, 26
U.S.C. 1, as amended, to enable the parent who is not the
residential parent and legal custodian to claim the children as
dependents for federal income tax purposes in accordance with the
order of the court. Any willful failure of the residential
parent to comply with the order of the court is contempt of
court. (f) When issuing or
modifying a child support order, the court shall include in the
order all of the requirements, specifications, and statements
described in division (B) of section 3113.218 of the Revised Code. If the
obligor or obligee does not request a court hearing
on the revised amount of child support determined by the agency
and filed with the court pursuant to section 3113.216 of the
Revised
Code and the court modifies the
order to include the revised amount pursuant to division
(C)(1)(c)(i) of this section, the
modification shall relate back to the first day of the month following the
date certain on which the review of the child support order began pursuant to
division (C)(1)(a) of section 3113.216 of the Revised Code. If the obligor or
obligee requests a court hearing on the revised amount of child
support pursuant to this section and section 3113.216 of the
Revised Code
and the court, after conducting a hearing, modifies the
child support amount under the order, the modification shall
relate back to the
first day of the month following the date certain on which the review of the
child support order began pursuant to division (C)(1)(A) of section 3113.216
of the Revised Code. (2) In any action in which a support order is issued under Chapter 3115. or
under section
2151.23, 2151.231, 2151.232, 2151.33, 2151.36, 2151.49,
3105.18, 3105.21, 3109.05, 3109.19, 3111.13,
3113.04, 3113.07, 3113.216, or 3113.31 of the Revised Code, the
court issuing the order also shall conduct a hearing, prior to or
at the time of the issuance of the support order, to determine
the employment status of the obligor, the obligor's social
security number, the name and business address of the obligor's
employer, and any other information necessary to enable the court
or a child support enforcement agency to issue any withholding or
deduction notice described in division (D) of this section or for
the court to issue a court order described in division
(D)(3) or
(4) of this section. The court, prior to the hearing,
shall give
the obligor notice of the hearing that shall include the date on
which the notice is given and notice that the obligor is subject
to a requirement for the withholding of a specified amount from
income if employed and to one or more other
types of withholding or deduction requirements described in
division (D) or one or more types of court orders described in
division (D)(3) or (4) of this section
and that the obligor may
present evidence and testimony at the hearing to prove that any
of the requirements would not be proper because of a mistake of
fact. The court or child support enforcement agency, immediately
upon the court's completion of the hearing, shall issue one or
more of the types of notices described in division (D) of this
section imposing a withholding or deduction requirement, or the
court shall issue one or more types of court orders described in
division (D)(3) or (4) of this section. (D) If a court or child support enforcement agency is
required under division (A), (B), or (C) of this section or any
other section of the Revised Code to issue one or more
withholding or deduction notices described in this division or
court orders described in division (D)(3) or
(4) of this section,
the court shall issue one or more of the following types of
notices or court orders, or the agency shall issue one or more of
the following types of notices to pay the support required under
the support order in question and also, if required by any of
those divisions, any other section of the Revised Code, or the
court, to pay any arrearages: (1)(a) If the court or the child support enforcement
agency determines that the obligor is receiving income from
a payor, the court or
agency shall require the obligor's payor to withhold
from the
obligor's income a specified amount for
support in
satisfaction of the support order, to begin the withholding no
later than fourteen
working days following the date the notice was mailed to the
employer under divisions (A)(2) or (B) and (D)(1)(b) of this
section
or, if the payor is an employer, no later than the first pay period that
occurs after fourteen working days following the date the notice was
mailed, to send the amount withheld to the division of child
support
in the department of
human services pursuant to
section
5101.325 of the Revised Code, to send that amount to
the division
immediately but not later than seven days after the date the
obligor is paid, and to continue the withholding at intervals
specified in the notice until further notice from the court or
child support enforcement agency. To the extent possible, the amount
specified in the
notice to be withheld shall satisfy the amount ordered for
support in the support order plus any arrearages that may be owed
by the obligor under any prior support order that pertained to
the same child or spouse, notwithstanding the any applicable
limitations of
sections 2329.66, 2329.70, 2716.02, 2716.041, and 2716.05 of the
Revised
Code. However, in no case shall the sum of the amount specified
in the notice to be withheld and any fee withheld by the
payor
as a charge for its services exceed the maximum amount permitted
under section 303(b) of the "Consumer Credit Protection Act," 15
U.S.C. 1673(b). (b) If the court or agency imposes a withholding
requirement under division (D)(1)(a) of this section, it, within
the applicable period of time specified in division (A), (B), or
(C) of this section, shall send to the obligor's payor
by
regular mail a notice that contains all of the information set
forth in divisions (D)(1)(b)(i) to (xi) of this section. The
notice is final and is enforceable by the court. The notice
shall contain all of the following: (i) The amount to be withheld from the obligor's income
and
a statement that the amount actually withheld for support and
other purposes, including the fee described in division
(D)(1)(b)(xi) of this section, shall not be in excess of the
maximum amounts permitted under section 303(b) of the "Consumer
Credit Protection Act," 15 U.S.C. 1673(b); (ii) A statement that the payor is required to send
the
amount withheld to the division of child support
immediately, but not later than seven working days, after
the
obligor is paid and is required to report to the
agency the date on which the amount was withheld from the
obligor's income; (iii) A statement that the withholding is binding upon the
payor until further notice from the agency; (iv) A statement that if the payor is an employer,
the payor is subject to a fine to
be determined under the law of this state for discharging the
obligor from employment, refusing to employ the obligor, or
taking any disciplinary action against the obligor because of the
withholding requirement; (v) A statement that, if the payor fails to withhold
income in accordance with the provisions of the notice,
the payor is liable for the accumulated amount the
payor should
have withheld from the obligor's income; (vi) A statement that the withholding in accordance with
the notice and under the provisions of this section has priority
over any other legal process under the law of this state against
the same income; (vii) The date on which the notice was mailed and a
statement that the payor is required to implement the
withholding no later than
fourteen working days following the date the notice was mailed or, if the
payor is an employer, no later than the first pay period that occurs after
fourteen working days following the date the notice was mailed and is
required to continue the withholding at the intervals
specified in the notice; (viii) A requirement that the payor promptly notify the
child support enforcement agency, in writing, within ten working
days after the date of any situation that occurs
including, termination of employment, layoff of the obligor from employment,
any leave of absence of the obligor from employment without pay, termination
of workers' compensation benefits, or termination of any pension, annuity,
allowance, or retirement benefit,
in which the
payor ceases to pay
income in an amount sufficient
to comply with the order to the obligor, provide the agency with
the obligor's last known address, notify the agency of any new employer
or income source, if known, and
provide the agency with any
new employer's or income source's name, address, and telephone number,
if known; (ix) A requirement that, if the payor is an
employer, identify in the
notification given under division (D)(1)(b)(viii) of this section
any types of benefits other than personal earnings that the
obligor is receiving or is eligible to receive as a benefit of
employment or as a result of the obligor's termination of
employment, including, but not limited to, unemployment
compensation, workers' compensation benefits, severance pay, sick
leave, lump-sum payments of retirement benefits or contributions,
and bonuses or profit-sharing payments or distributions, and the
amount of such benefits, and include in the notification the
obligor's last known address and telephone number, date of birth,
social security number, and court case number and, if known, the
name and business address of any new employer of the obligor; (x) A requirement that, no later than the earlier of
forty-five days before the lump-sum payment is to be made or, if
the obligor's right to the lump-sum payment is determined less
than forty-five days before it is to be made, the date on which
that determination is made, the payor notify the child
support
enforcement agency of any lump-sum payments of any kind of
one hundred fifty dollars or more that are to be paid to the
obligor, hold
the lump-sum payments of one hundred fifty dollars
or more for thirty
days after the date on which the lump-sum payments otherwise
would have been paid to the obligor and, upon
order of the court, pay any specified amount of the lump-sum
payment to the division of child support. (xi) A statement that, in addition to the amount withheld
for support, the payor may withhold a fee from the
obligor's
income as a charge for its services in complying with
the
notice and a specification of the amount that may be withheld. (c) The court or agency shall send the notice described in
division (D)(1)(b) of this section to the obligor and shall
attach to the notice an additional notice requiring the obligor
immediately to notify the child support enforcement agency, in
writing, of any change in the obligor's income source and of the
availability of any other sources of
income that can be the subject of any withholding or deduction
requirement described in division (D) of this section. The court
or agency shall serve the notices upon the obligor at the same
time as service of the support order or, if the support order
previously has been issued, shall send the notices to the obligor
by regular mail at the last known address at the same time that
it sends the notice described in division (D)(1)(b) of this
section to the payor. The notification required of the
obligor shall include a description of the nature of any new
employment or income source, the name, business
address, and telephone number of any new employer or income
source,
and any other information reasonably required by the court. No obligor
shall fail to give the notification required by division
(D)(1)(c) of this section. (2)(a) If the court or child support enforcement agency
determines that the obligor has funds on deposit in any account
in a financial institution under the jurisdiction of the court,
the court or agency may require any financial institution in
which the obligor's funds are on deposit to deduct from the
obligor's account a specified amount for support in satisfaction
of the support order, to begin the deduction no later than
fourteen working days following the date the notice was mailed to
the financial institution under divisions (A)(2) or (B) and
(D)(2)(b) of this section, to send the amount deducted to
the
division of child in the department of human services
pursuant to section 5101.325 of the Revised Code, to
send that
amount to the division immediately but not later than
seven working days
after the date the latest deduction was made, to provide the date
on which the amount was deducted, and to continue the deduction
at intervals specified in the notice until further notice from
the court or child support enforcement agency. To the extent possible,
the amount
specified in the notice to be deducted shall satisfy the amount
ordered for support in the support order plus any arrearages that
may be owed by the obligor under any prior support order that
pertained to the same child or spouse, notwithstanding the
limitations of sections 2329.66, 2329.70, and 2716.13 of the
Revised Code. (b) If the court or agency imposes a withholding
requirement under division (D)(2)(a) of this section, it,
within
the applicable period of time specified in division (A), (B), or
(C) of this section, shall send to the financial institution by
regular mail a notice that contains all of the information set
forth in divisions (D)(2)(b)(i) to (viii) of this section.
The
notice is final and is enforceable by the court. The notice
shall contain all of the following: (i) The amount to be deducted from the obligor's account; (ii) A statement that the financial institution is
required to send the amount deducted to the division of child support
immediately, but not later than
seven working
days, after the date the last deduction was made and is required
to report to the child support enforcement agency the date on which the
amount was deducted
from the obligor's account; (iii) A statement that the deduction is binding upon the
financial institution until further notice from the court or
agency; (iv) A statement that the withholding in accordance with
the notice and under the provisions of this section has priority
over any other legal process under the law of this state against
the same account; (v) The date on which the notice was mailed and a
statement that the financial institution is required to implement
the deduction no later than fourteen working days following the
date the notice was mailed and is required to continue the
deduction at the intervals specified in the notice; (vi) A requirement that the financial institution promptly
notify the child support enforcement agency, in writing, within
ten days after the date of any termination of the account from
which the deduction is being made and notify the agency, in
writing, of the opening of a new account at that financial
institution, the account number of the new account, the name of
any other known financial institutions in which the obligor has
any accounts, and the numbers of those accounts; (vii) A requirement that the financial institution include
in all notices the obligor's last known mailing address, last
known residence address, and social security number; (viii) A statement that, in addition to the amount
deducted for support, the financial institution may deduct a fee
from the obligor's account as a charge for its services in
complying with the notice and a specification of the amount that
may be deducted. (c) The court or agency shall send the notice described in
division (D)(2)(b) of this section to the obligor and shall
attach to the notice an additional notice requiring the obligor
immediately to notify the child support enforcement agency, in
writing, of any change in the status of the account from which
the amount of support is being deducted or the opening of a new
account with any financial institution, of commencement of
employment, including self-employment, or of the availability of
any other sources of income that can be the subject of any
withholding or deduction requirement described in division (D) of
this section. The court or agency shall serve the notices upon
the obligor at the same time as service of the support order or,
if the support order previously has been issued, shall send the
notices to the obligor by regular mail at the last known address
at the same time that it sends the notice described in division
(D)(2)(b) of this section to the financial institution.
The
additional notice also shall specify that upon
commencement of employment, the obligor may request the court or child
support enforcement agency to cancel its financial institution
account deduction notice and instead issue a notice requiring the
withholding of an amount from personal earnings for support
in accordance with division (D)(1) of this section and that upon
commencement of employment the court may cancel its financial
institution account deduction notice under division
(D)(2)(b) of
this section and instead will issue a notice requiring the
withholding of an amount from personal earnings for support
in accordance with division (D)(1) of this section. The
notification required of the obligor shall include a description
of the nature of any new accounts opened at a financial
institution under the jurisdiction of the court, the name and
business address of that financial institution, a description of
the nature of any new employment or income source, the name, business address,
and telephone number
of any new employer or income source, and any other information
reasonably
required by the court. (3) The court may issue an order requiring the obligor to
enter into a cash bond with the court. The court shall issue the
order as part of the support order or, if the support order
previously has been issued, as a separate order. Any cash bond
so required shall be in a sum fixed by the court at not less than
five hundred nor more than ten thousand dollars, conditioned that
the obligor will make payment as previously ordered and will pay
any arrearages under any prior support order that pertained to
the same child or spouse. The order, along with an additional
order requiring the obligor to immediately notify the child
support enforcement agency, in writing, if the obligor begins to receive
income from a payor, shall be attached to, and
shall be served upon the obligor at the same time as service of,
the support order or, if the support order previously has been
issued, as soon as possible after the issuance of the order under
this division. The additional order also shall specify that when the obligor
begins to receive income
from a payor the obligor may request
the court to cancel its bond order and instead issue a notice
requiring the withholding of an amount from
income
for support in accordance with division (D)(1) of this section
and that when the obligor begins to
receive income from a payor the court will
proceed to collect on the bond, if the court determines that
payments due under the support order have not been made and that
the amount that has not been paid is at least equal to the
support owed for one month under the support order, and will
issue a notice requiring the withholding of an amount from
income for support in accordance with division
(D)(1)
of this section. The notification required of the obligor shall
include a description of the nature of any new employment, the
name and business address of any new employer, and any other
information reasonably required by the court. The court shall not order an obligor to post a cash bond
under this division unless the court determines that the obligor
has the ability to do so. A child support enforcement agency
shall not issue an order of the type described in this division.
If a child support enforcement agency is required to issue a
withholding or deduction notice under division (D) of this
section but the agency determines that no notice of the type
described in division (D)(1) or (2) of this
section would be
appropriate, the agency may request the court to issue a court
order under this division, and, upon the request, the court may
issue an order as described in this division. (4) If the obligor is unemployed, has no income, and does
not have an account at any financial institution, or on request of a child
support enforcement agency made under section 3111.231 of the Revised Code, the
court shall
issue an order requiring the obligor, if
able to engage in employment, to seek employment or participate in
a work activity to which a recipient of assistance under
Title IV-A of the "Social Security Act," 49 Stat. 620 (1935), 42
U.S.C.A. 301, as amended, may be assigned as specified in section
407(d) of the "Social Security Act," 42 U.S.C.A.
607(d), as amended. The court shall include
in the order a requirement that the obligor notify
the child support enforcement agency upon obtaining employment,
upon obtaining any income, or upon obtaining ownership of any asset with a
value of five hundred dollars or more. The court may issue the
order regardless of whether the obligee to whom the obligor owes support is a
recipient of assistance under Title (IV)-A of the
"Social Security Act." The court
shall issue the order as part of a
support order or, if a
support order previously has been issued, as a separate order. If a
child support
enforcement agency is required to issue a withholding or
deduction notice under division (D) of this section but the
agency determines that no notice of the type described in
division (D)(1) or (2) of this section would be
appropriate, the
agency may request the court to issue a court order under
division (D)(4) of this section, and, upon the request, the
court may issue an order as
described in division (D)(4) of this section. If an obligor is ordered to participate in a work
activity, the child support enforcement agency of the county in
which the obligor resides shall oversee the obligor's
participation in accordance with rules the department of human
services shall adopt in accordance with
Chapter 119. of the Revised Code. A child support
enforcement agency may contract with one or more governmental
agencies or persons to carry out some or all of its oversight
duties. (E) If a court or child support enforcement agency is
required under division (A), (B), or (C) of this section or any
other section of the Revised Code to issue one or more notices or
court orders described in division (D) of this section, the court
or agency to the extent possible shall issue a sufficient number
of notices or court orders under division (D) of this section to
provide that the aggregate amount withheld or deducted under
those notices or court orders satisfies the amount ordered for
support in the support order plus any arrearages that may be owed
by the obligor under any prior support order that pertained to
the same child or spouse, notwithstanding the any applicable
limitations of
sections 2329.66, 2329.70, 2716.02, 2716.041, 2716.05, 2716.13, and
4123.67 of the Revised
Code. However, in no case shall the aggregate amount withheld pursuant to a
withholding notice issued under division
(D)(1) of this section and any fees withheld
pursuant to the notice as a charge for
services exceed the maximum amount permitted under section 303(b)
of the "Consumer Credit Protection Act," 15 U.S.C. 1673(b). (F)(1) Any withholding or deduction requirement that is
contained in a notice described in division (D) of this section
and that is required to be issued by division (A), (B), or (C) of
this section or any other section of the Revised Code has
priority over any order of attachment, any order in aid of
execution, and any other legal process issued under state law
against the same earnings, payments, or account. (2) When a payor receives two or more withholding notices that
are described in division (D)(1)
of this section and that are
required to be issued by division (A), (B), or (C) of this
section or any other section of the Revised Code are received by, the
payor
shall comply
with all of the requirements contained in the notices to the extent that the
total amount withheld from the obligor's income does not
exceed the maximum amount
permitted under section 303(b) of the "Consumer Credit Protection
Act," 15 U.S.C. 1673(b), withhold amounts in accordance
with the allocation set forth in divisions (F)(2)(a) and (b) of
this section, notify each court or child support enforcement
agency that issued one of the notices of the allocation, and give
priority to amounts designated in each notice as current support
in the following manner: (a) If the total of the amounts designated in the notices
as current support exceeds the amount available for withholding
under section 303(b) of the "Consumer Credit Protection Act," 15
U.S.C. 1673(b), the payor shall allocate to each notice an amount
for
current support equal to the amount designated in that notice as
current support multiplied by a fraction in which the numerator
is the amount of income available for withholding and the denominator is the
total amount designated in all of the notices as current support. (b) If the total of the amounts designated in the notices
as current support does not exceed the amount available for
withholding under section 303(b) of the "Consumer Credit
Protection Act," 15 U.S.C. 1673(b), the payor
shall pay all of the
amounts designated as current support in the notices and shall
allocate to each notice an amount for past-due support equal to
the amount designated in that notice as past-due support
multiplied by a fraction in which the numerator is the amount of
income remaining available
for withholding after the payment of current support and the
denominator is the total amount designated in all of the notices
as past-due support. (G)(1) Except when a provision specifically authorizes or
requires service other than as described in this division,
service of any notice on any party, a financial
institution, or payor, for purposes of division (A),
(B),
(C), or (D) of this section, shall be made by
ordinary first class mail directed to the addressee at the last
known address, or, in the case of a corporation, at its usual
place of doing business. A notice shall be considered to have been
served when it is mailed. (2) Each party to a support order shall notify the child
support enforcement agency of the party's current mailing address, current
residence address, current residence
telephone number, and current driver's license number, at the time
of the issuance or
modification of the order and, until further notice of the court
that issues the order, shall notify the agency of any change in
that information immediately after the change
occurs. Any willful
failure to comply with this division is contempt of court. No person shall
fail to give the notice required by division (G)(2) of this section. (3) Each support order, or modification of a support
order, that is subject to this section shall contain a
notice that states the following in boldfaced type and in
all capital letters: "EACH PARTY TO THIS SUPPORT ORDER MUST
NOTIFY THE CHILD SUPPORT ENFORCEMENT AGENCY IN WRITING OF HIS OR
HER CURRENT MAILING ADDRESS, CURRENT RESIDENCE ADDRESS, CURRENT
RESIDENCE TELEPHONE NUMBER, CURRENT DRIVER'S LICENSE NUMBER, AND
OF ANY CHANGES IN THAT INFORMATION. EACH PARTY MUST NOTIFY THE
AGENCY OF ALL CHANGES UNTIL FURTHER NOTICE FROM THE COURT. IF
YOU ARE THE OBLIGOR UNDER A CHILD SUPPORT ORDER AND YOU FAIL TO MAKE
THE REQUIRED NOTIFICATIONS YOU MAY BE FINED UP TO $50 FOR A
FIRST OFFENSE, $100 FOR A SECOND OFFENSE, AND $500 FOR
EACH
SUBSEQUENT OFFENSE. IF YOU ARE AN OBLIGOR OR OBLIGEE UNDER ANY SUPPORT
ORDER AND YOU WILLFULLY FAIL TO MAKE THE REQUIRED NOTIFICATIONS
YOU MAY BE FOUND IN CONTEMPT OF COURT AND BE SUBJECTED
TO FINES UP TO $1,000 AND IMPRISONMENT FOR NOT MORE THAN
90 DAYS. IF YOU ARE AN OBLIGOR AND YOU FAIL TO MAKE THE REQUIRED
NOTIFICATIONS YOU MAY NOT RECEIVE NOTICE OF THE FOLLOWING
ENFORCEMENT ACTIONS AGAINST YOU: IMPOSITION OF LIENS AGAINST
YOUR PROPERTY; LOSS OF YOUR PROFESSIONAL OR OCCUPATIONAL
LICENSE, DRIVER'S LICENSE, OR RECREATIONAL LICENSE; WITHHOLDING
FROM YOUR INCOME; ACCESS RESTRICTION AND DEDUCTION FROM YOUR ACCOUNTS IN
FINANCIAL INSTITUTIONS; AND ANY OTHER ACTION PERMITTED BY LAW TO OBTAIN MONEY
FROM YOU TO SATISFY YOUR SUPPORT OBLIGATION." (4)(a) The parent who is the residential parent and legal
custodian of a child for whom a support order is issued or the
person who otherwise has custody of a child for whom a support
order is issued immediately shall notify, and the obligor under a
support order may notify, the child support enforcement agency of
any reason for which the support order should terminate,
including, but not limited to, the child's attainment of the age of
majority if the child no longer attends an accredited high school on a
full-time basis and the support order does not
provide for the duty of support to continue past the age of majority; the
child ceasing to attend such a high school on a
full-time basis after attaining the age of majority,
if the support order does not provide for the duty of support to continue past
the age of majority; or the death, marriage, emancipation,
enlistment in the armed services, deportation, or change of legal
or physical custody of the child. A willful failure to notify
the child support enforcement agency as required by this division
is contempt of court. Upon receipt of a notice pursuant to this
division, the agency immediately shall conduct an investigation
to determine if any reason exists for which the support order
should terminate. The agency may conduct such an investigation regardless
of whether it received notice under this division. If the agency
determines the order should terminate, it immediately
shall notify the court that issued the support order of the
reason for which the support order should terminate. (b) Upon receipt of a notice given pursuant to division
(G)(4)(a) of this section, the court shall order the division of child
support to impound any funds
received for the child pursuant to the support order and the court
shall set the
case for a hearing for a determination of whether the support
order should be terminated or modified or whether the court
should take any other appropriate action. (c) If the court terminates a support order pursuant to
divisions (G)(4)(a) and (b) of this section, the termination of
the support order also terminates any withholding or deduction
order as described in division (D) or (H) of this section issued prior to
December 31,
1993, and any withholding or deduction notice as described in
division (D) or court order as described in division
(D)(3), (D)(4), or (H) of this section issued
on or after December 31, 1993. Upon the
termination of any withholding or deduction order or any
withholding or deduction notice, the court immediately shall
notify the appropriate child support enforcement agency that the
order or notice has been terminated, and the agency immediately
shall notify each payor or financial institution required to withhold or
deduct a sum of
money for the payment of support under the terminated withholding
or deduction order or
notice that the order or notice has been terminated and that it
is required to cease all withholding or deduction under the order
or notice. (d) The department of human services shall adopt rules
that provide for both of the following: (i) The return to the appropriate person of any funds that
a court has ordered impounded under division (G)(4)(b) of this section
if the support order under which the funds were paid has been
terminated pursuant to divisions (G)(4)(a) and (b) of this
section; (ii) The return to the appropriate person of any other
payments made pursuant to a support order if the payments were
made at any time after the support order under which the funds
were paid has been terminated pursuant to divisions (G)(4)(a) and
(b) of this section. (5) If any party to a support order requests a
modification of the order or if any obligee under a support order
or any person on behalf of the obligee files any action to
enforce a support order, the court shall notify the child support
enforcement agency that is administering the support order or
that will administer the order after the court's determination of
the request or the action, of the request or the filing. (6) When a child support enforcement agency receives any
notice under division (G) of section 2151.23, section 2301.37,
division (E) of section 3105.18, division (C) of section 3105.21,
division (A) of section 3109.05, division (F) of section 3111.13,
division (B) of section 3113.04, section 3113.21, section
3113.211, section 3113.212, division (K) of section 3113.31, or
division (C)(3) of section 3115.31
of the Revised Code, it shall
issue the most appropriate notices under division (D) of this
section. Additionally, it shall do all of the following: (a) If the obligor is subject to a withholding notice
issued under division (D)(1) of this section and the notice
relates to the obligor's change of employment, send a withholding
notice under that division to the new employer of the obligor as
soon as the agency obtains knowledge of that employer; (b) If the notification received by the agency specifies
that a lump-sum payment of one hundred fifty dollars
or more is to be
paid to the obligor, notify the court of the receipt of the
notice and its contents. The
agency may notify the court if the notification specifies that a lump-sum
payment of less than one hundred fifty dollars is to be paid to the
obligor. (c) Comply with section 3113.212 of the Revised Code, as
appropriate. (H)(1)(a) For purposes of division (D)(1) of this section,
when a person who fails to comply with a support order that is
subject to that division derives income from self-employment or
commission, is employed by an employer not subject to the
jurisdiction of the court, or is in any other employment
situation that makes the application of that division
impracticable, the court may require the person to enter into a
cash bond to the court in a sum fixed by the court at not less
than five hundred nor more than ten thousand dollars, conditioned
that the person will make payment as previously ordered. (b) When a court determines at a hearing conducted under
division (B) of this section, or a child support enforcement
agency determines at a hearing or pursuant to an investigation
conducted under division (B) of this section, that the obligor
under the order in relation to which the hearing or investigation
is conducted is unemployed and has no other source of income and
no assets so that the application of divisions (B) and (D) of
this section would be impracticable, the court shall issue an
order as described in division (D)(4) of this section and
shall
order the obligor to notify the child support enforcement agency
in writing immediately of the receipt of any source of
income or of the opening of an account in a financial
institution, and to include in the notification a description of
the nature of the employment or income source, the name, business address, and
telephone number of the employer or income source, and any other information
reasonably required by the court. (2) When a court determines, at a hearing conducted under
division (C)(2) of this section, that an obligor is unemployed,
is not receiving workers' compensation payments, does not have an
account in a financial institution, and has no other source of
income and no assets so that the application of divisions (C)(2)
and (D) of this section would be impracticable, the court shall
issue an order as described in division (D)(4) of this section
and shall order the obligor to notify the child support
enforcement agency, in writing, immediately of the receipt of any
source of income or of the opening of an account in a financial
institution, and to include in the notification a description of
the nature of the employment or income source, the name, business address, and
telephone number of
the employer or income source or the name,
address, and telephone number of the financial
institution, and any other information reasonably required by the
court. (3)(a) Upon receipt of a notice from a child support
enforcement agency under division (G)(6) of this section that a
lump-sum payment is to be paid to
the obligor, the court shall do either of the following: (i) If the obligor is in default under the support order
or has any unpaid arrearages under the support order, issue an
order requiring the transmittal of the lump-sum payment to the
division of child support. (ii) If the obligor is not in default under the support
order and does not have any unpaid arrearages under the support
order, issue an order directing the person who gave the notice to
the court to immediately pay the full amount of the lump-sum
payment to the obligor. (b) Upon receipt of any moneys pursuant to division
(H)(3)(a) of this section, the division of child support
shall pay the amount of the lump-sum payment that is necessary to
discharge all of the obligor's arrearages to the obligee and,
within two business days after its receipt of the money, any
amount that is remaining after the payment of the arrearages to
the obligor. (c) Any court that issued an order prior to December 1,
1986, requiring an employer to withhold an amount from an
obligor's personal earnings for the payment of support shall
issue a supplemental order that does not change the original
order or the related support order requiring the employer to do
all of the following: (i) No later than the earlier of forty-five days before a
lump-sum payment is to be made or, if the obligor's right to a
lump-sum payment is determined less than forty-five days before
it is to be made, the date on which that determination is made,
notify the child support enforcement agency of any lump-sum
payment of any kind of one hundred fifty dollars or
more that is to be
paid to the obligor; (ii) Hold the lump-sum payment for thirty days after the
date on which it would otherwise be paid to the obligor, if the
lump-sum payment is sick pay, a lump-sum payment of retirement
benefits or contributions, or profit-sharing payments or
distributions; (iii) Upon order of the court, pay any specified amount of
the lump-sum payment to the division of child support. (d) If an employer knowingly fails to notify the child
support enforcement agency in accordance with division (D) of
this section of any lump-sum payment to be made to an obligor,
the employer is liable for any support payment not made to the
obligee as a result of its knowing failure to give the notice as
required by that division. (I)(1) Any support order, or modification of a support
order, that is subject to this section shall contain the date of
birth and social security number of the obligor. (2) No withholding or deduction notice described in
division (D) or court order described in division (D)(3) or
(4) of this section shall contain any information other than the
information specifically required by division (A), (B), (C), or
(D) of this section or by any other section of the Revised Code
and any additional information that the issuing court determines
may be necessary to comply with the notice. (J) No withholding or deduction notice described in
division (D) or court order described in division (D)(3) or
(4) of this section and issued under division (A), (B), or (C) of
this section or any other section of the Revised Code shall be
terminated solely because the obligor pays any part or all of
the arrearages under the support order. (K)(1) Except as provided in division (K)(2) of this
section and section 2301.42 of the Revised Code and the rules adopted pursuant
to division (C) of that section, if child support arrearages are owed by an
obligor to the obligee and to the department of human services, any payments
received on the arrearages by the division of child support
first shall
be paid to the obligee until the arrearages owed to the obligee are paid in
full. (2) Division (K)(1) of this section does not apply to the
collection of past-due child support from refunds of paid federal
taxes pursuant to section 5101.32 of the Revised Code or of
overdue child support from refunds of paid state income taxes
pursuant to sections 5101.321 and 5747.121 of the Revised Code. (L)(1) Each court with jurisdiction to issue support
orders or orders establishing the existence or nonexistence of a parent and
child relationship shall establish rules of court to ensure that the
following percentage of all actions to establish the existence or
nonexistence of a parent and child relationship, to establish a support
requirement, or to modify a previously issued support order be
completed within the following time limits: (a) Seventy-five per cent of all of the actions shall be
completed within six months after they were initially
filed; (b) Ninety per cent of all of the actions shall be
completed within twelve months after they were initially
filed. (2) If a case involves complex legal issues requiring full
judicial review, the court shall issue a temporary support order
within the time limits set forth in division (L)(1) of this
section, which temporary order shall be in effect until a final
support order is issued in the case. All cases in which the
imposition of a notice or order under division (D) of this
section is contested shall be completed within the period of time
specified by law for completion of the case. The failure of a
court to complete a case within the required period does not
affect the ability of any court to issue any order under this
section or any other section of the Revised Code for the payment
of support, does not provide any defense to any order for the
payment of support that is issued under this section or any other
section of the Revised Code, and does not affect any obligation
to pay support. (3)(a) In any Title IV-D case, the judge, when necessary
to satisfy the federal requirement of expedited process for
obtaining and enforcing support orders, shall appoint
magistrates to
make findings of fact and recommendations for the judge's
approval in the case. All magistrates appointed
pursuant to this
division shall be attorneys admitted to the practice of law in
this state. If the court appoints a magistrate pursuant to this division, the
court may appoint any additional administrative and
support personnel for the magistrate. (b) Any magistrate appointed pursuant to division
(L)(3)(a)
of this section may perform any of the following functions: (i) The taking of testimony and keeping of a record in the
case; (ii) The evaluation of evidence and the issuance of
recommendations to establish, modify, and enforce support orders; (iii) The acceptance of voluntary acknowledgments of
support liability and stipulated agreements setting the amount of
support to be paid; (iv) The entering of default orders if the obligor does
not respond to notices in the case within a reasonable time after
the notices are issued; (v) Any other functions considered necessary by the court. (4) The child support enforcement agency may conduct
administrative reviews of support orders to obtain voluntary
notices or court orders under division (D) of this section and to
correct any errors in the amount of any arrearages owed by an
obligor. The obligor and the obligee shall be notified of the
time, date, and location of the administrative review at least
fourteen days before it is held. (M)(1) The termination of a support obligation or a
support order does not abate the power of any court to collect
overdue and unpaid support or to punish any person for a
failure
to comply with an order of the court or to pay any support as
ordered in the terminated support order and does not abate the
authority of a child support enforcement agency to issue, in
accordance with this section, any notice described in division
(D) of this section or of a court to issue, in accordance with
this section, any court order as described in division (D)(3) or
(4) of this section, to collect any support due or arrearage under the
support
order. (2) Any court that has the authority to issue a support
order shall have all powers necessary to enforce that support
order, and all other powers, set forth in this section. (3) Except as provided in division (M)(4) of this section,
a court may not retroactively modify an obligor's duty to pay a
delinquent support payment. (4) A court with jurisdiction over a support order may
modify an obligor's duty to pay a support payment that becomes
due after notice of a petition to modify the support order has
been given to each obligee and to the obligor before a final
order concerning the petition for modification is entered. (N) If an obligor is in default under a support order and
has a claim against another person of more than one thousand
dollars, the obligor shall notify the child support enforcement
agency of the claim, the nature of the claim, and the name of the
person against whom the claim exists. If an obligor is in
default under a support order and has a claim against another
person or is a party in an action for any judgment, the child
support enforcement agency or the agency's attorney, on behalf of
the obligor, immediately shall file with the court in which the
action is pending a motion to intervene in the action or a
creditor's bill. The motion to intervene shall be prepared and
filed pursuant to Civil Rules 5 and 24(A) and (C). Nothing in this division shall preclude an obligee from
filing a motion to intervene in any action or a creditor's bill. (O) If an obligor is receiving unemployment compensation
benefits, an amount may be deducted from those benefits for
purposes of child support, in accordance with section 2301.371
and division (D)(4) of section 4141.28 of the Revised Code. Any
deduction from a source in accordance with those provisions is in
addition to, and does not preclude, any withholding or deduction
for purposes of support under divisions (A) to (N) of this
section. (P) As used in this section, and in sections 3113.211 to
3113.217 3113.219 of the Revised Code: (1) "Financial institution" means a bank, savings and loan
association, or credit union, or a regulated investment company
or mutual fund in which a person who is required to pay child
support has funds on deposit that are not exempt under the law of
this state or the United States from execution, attachment, or
other legal process. (2) "Title IV-D case" means any case in which the child
support enforcement agency is enforcing the child support order
pursuant to Title IV-D of the "Social Security Act," 88 Stat.
2351 (1975), 42 U.S.C. 651, as amended. (3) "Obligor" means the person who is required to pay
support under a support order. (4) "Obligee" means the person who is entitled to receive
the support payments under a support order. (5) "Support order" means an order for the payment of
support and, for orders issued or modified on or after December
31, 1993, includes any notices described in division (D) or (H)
of this section that are issued in accordance with this section. (6) "Support" means child support, spousal support, and
support for a spouse or former spouse. (7) "Personal earnings" means compensation paid or payable
for personal services, however denominated, and includes, but is
not limited to, wages, salary, commissions, bonuses, draws
against commissions, profit sharing, and vacation pay. (8) "Default" has the same meaning as in section 2301.34
of the Revised Code. (9) "Payor" means any person or
entity that pays or distributes income to an obligor, including
the obligor, if the obligor is self employed; an
employer; an employer that is paying the obligor's workers'
compensation benefits; the public employees retirement board;
the board of trustees, or other governing entity of a municipal
retirement system; the board of trustees of the police and firemen's
disability and pension fund; the state teachers retirement board;
the school employees retirement board; the state highway patrol
retirement board; the bureau of workers' compensation;
or any other person or
entity, except the bureau of employment services with respect to unemployment
compensation benefits paid pursuant to Chapter 4141. of the Revised Code. (Q) As used in this
section, "income" means any form of monetary payment, including
personal earnings; workers' compensation
payments; unemployment compensation benefits
to the extent permitted by, and in accordance with, section 2301.371 of the
Revised Code, division (D)(4) of section 4141.28 of the Revised Code, and
federal law governing the bureau of employment services; pensions; annuities;
allowances; private or
governmental retirement benefits; disability or sick pay;
insurance proceeds; lottery prize awards; federal, state, or
local government benefits to the extent that the benefits can be
withheld or deducted under the law governing the benefits; any
form of trust fund or endowment; lump-sum payments; and any other payment in
money. SECTION 2 . That existing sections 124.10, 1901.19, 2329.66,
2329.70, 2333.21, 2335.19, 2716.01, 2716.02, 2716.03, 2716.04,
2716.05, 2716.06, 2716.11, 2716.13,
2716.21, 3111.23, and 3113.21 of the Revised Code are
hereby repealed.
SECTION 3 . Sections 2716.02 and 2716.03 of the Revised Code are presented in
this act as a composite of those sections as amended by both Am. H.B. 193 and
Am. Sub. S.B. 150 of the 121st General Assembly,
with the new language of neither of the acts shown in capital letters.
This
is in recognition of the principle stated in division (B) of section 1.52 of
the Revised Code that such amendments are to be harmonized where not
substantively irreconcilable and constitutes a legislative finding that such
is
the resulting version in effect prior to the effective date of this act.
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