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To amend sections 2151.23, 3105.21, 3109.05, 3109.19, 3111.13, 3111.20, 3111.22, 3111.27, 3113.04, 3113.07, 3113.216, 3113.31, and 3115.31 and to enact section 3113.2111 of the Revised Code to require a court to relieve a party from a final judgment, order, or proceeding that requires the party to pay child support and to require the termination of visitation or companionship rights with the child if a genetic test finds that there is less than a five per cent chance that the party or a male minor is the father of the child for whose benefit the support is required or with whom the companionship or visitation rights are granted. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: Section 1. That sections 2151.23, 3105.21, 3109.05, 3109.19, 3111.13, 3111.20, 3111.22, 3111.27, 3113.04, 3113.07, 3113.216, 3113.31, and 3115.31 be amended and section 3113.2111 of the Revised Code be enacted to read as follows: Sec. 2151.23. (A) The juvenile court has exclusive original jurisdiction under the Revised Code as follows: (1) Concerning any child who on or about the date specified in the complaint is alleged to be a juvenile traffic offender or a delinquent, unruly, abused, neglected, or dependent child; (2) Subject to division (V) of section 2301.03 of the Revised Code, to determine the custody of any child not a ward of another court of this state; (3) To hear and determine any application for a writ of habeas corpus involving the custody of a child; (4) To exercise the powers and jurisdiction given the probate division of the court of common pleas in Chapter 5122. of the Revised Code, if the court has probable cause to believe that a child otherwise within the jurisdiction of the court is a mentally ill person subject to hospitalization by court order, as defined in section 5122.01 of the Revised Code; (5) To hear and determine all criminal cases charging adults with the violation of any section of this chapter; (6) To hear and determine all criminal cases in which an adult is charged with a violation of division (C) of section 2919.21, division (B)(1) of section 2919.22, division (B) of section 2919.23, or section 2919.24 of the Revised Code, provided the charge is not included in an indictment that also charges the alleged adult offender with the commission of a felony arising out of the same actions that are the basis of the alleged violation of division (C) of section 2919.21, division (B)(1) of section 2919.22, division (B) of section 2919.23, or section 2919.24 of the Revised Code; (7) Under the interstate compact on juveniles in section 2151.56 of the Revised Code; (8) Concerning any child who is to be taken into custody pursuant to section 2151.31 of the Revised Code, upon being notified of the intent to take the child into custody and the reasons for taking the child into custody; (9) To hear and determine requests for the extension of temporary custody agreements, and requests for court approval of permanent custody agreements, that are filed pursuant to section 5103.15 of the Revised Code; (10) To hear and determine applications for consent to marry pursuant to section 3101.04 of the Revised Code; (11) Subject to division (V) of section 2301.03 of the Revised Code, to hear and determine a request for an order for the support of any child if the request is not ancillary to an action for divorce, dissolution of marriage, annulment, or legal separation, a criminal or civil action involving an allegation of domestic violence, or an action for support brought under Chapter 3115. of the Revised Code; (12) Concerning an action commenced under section 121.38 of the Revised Code; (13) Concerning an action commenced under section 2151.55 of the Revised Code. (B) The juvenile court has original jurisdiction under the Revised Code: (1) To hear and determine all cases of misdemeanors charging adults with any act or omission with respect to any child, which act or omission is a violation of any state law or any municipal ordinance; (2) To determine the paternity of any child alleged to have been born out of wedlock pursuant to sections 3111.01 to 3111.19 of the Revised Code; (3) Under the uniform interstate family support act in Chapter 3115. of the Revised Code; (4) To hear and determine an application for an order for the support of any child, if the child is not a ward of another court of this state; (5) To hear and determine an action commenced under section 5101.314 of the Revised Code. (C) The juvenile court, except as to juvenile courts that are a separate division of the court of common pleas or a separate and independent juvenile court, has jurisdiction to hear, determine, and make a record of any action for divorce or legal separation that involves the custody or care of children and that is filed in the court of common pleas and certified by the court of common pleas with all the papers filed in the action to the juvenile court for trial, provided that no certification of that nature shall be made to any juvenile court unless the consent of the juvenile judge first is obtained. After a certification of that nature is made and consent is obtained, the juvenile court shall proceed as if the action originally had been begun in that court, except as to awards for spousal support or support due and unpaid at the time of certification, over which the juvenile court has no jurisdiction. (D) The juvenile court has jurisdiction to hear and determine all matters as to custody and support of children duly certified by the court of common pleas to the juvenile court after a divorce decree has been granted, including jurisdiction to modify the judgment and decree of the court of common pleas as the same relate to the custody and support of children. (E) The juvenile court has jurisdiction to hear and determine the case of any child certified to the court by any court of competent jurisdiction if the child comes within the jurisdiction of the juvenile court as defined by this section. (F)(1) The juvenile court shall exercise its jurisdiction in child custody matters in accordance with sections 3109.04, 3109.21 to 3109.36, and 5103.20 to 5103.28 of the Revised Code. (2) The juvenile court shall exercise its jurisdiction in child support matters in accordance with section 3109.05 of the Revised Code. (G)(1) Each order for child support made or modified by a juvenile court shall include as part of the order a general provision, as described in division (A)(1) of section 3113.21 of the Revised Code, requiring the withholding or deduction of income or assets of the obligor under the order as described in division (D) of section 3113.21 of the Revised Code, or another type of appropriate requirement as described in division (D)(3), (D)(4), or (H) of that 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 collection of the support and of any arrearages that occur; a statement requiring all parties to the order to notify the child support enforcement agency in writing of their current mailing address, current residence address, current residence telephone number, and current driver's license number, and any changes to that information; and a notice that the requirement to notify the child support enforcement agency of all changes to that information continues until further notice from the court. Any juvenile court that makes or modifies an order for child support shall comply with sections 3113.21 to 3113.219 of the Revised Code. If any person required to pay child support under an order made by a juvenile court on or after April 15, 1985, or modified on or after December 1, 1986, is found in contempt of court for failure to make support payments under the order, the court that makes the finding, in addition to any other penalty or remedy imposed, shall assess all court costs arising out of the contempt proceeding against the person and require the person to pay any reasonable attorney's fees of any adverse party, as determined by the court, that arose in relation to the act of contempt. (2) Notwithstanding section 3109.01 of the Revised Code, if a juvenile court issues a child support order under this chapter, the order shall remain in effect beyond the child's eighteenth birthday as long as the child continuously attends on a full-time basis any recognized and accredited high school or the order provides that the duty of support of the child continues beyond the child's eighteenth birthday. Except in cases in which the order provides that the duty of support continues for any period after the child reaches nineteen years of age the order shall not remain in effect after the child reaches nineteen years of age. Any parent ordered to pay support under a child support order issued under this chapter shall continue to pay support under the order, including during seasonal vacation periods, until the order terminates. A PARENT ORDERED TO PAY SUPPORT, AS THE FATHER OF A CHILD, UNDER A CHILD SUPPORT ORDER ISSUED UNDER THIS CHAPTER IS ENTITLED TO OBTAIN RELIEF FROM THE ORDER PURSUANT TO SECTION 3113.2111 of the Revised Code. (H) If a child who is charged with an act that would be an offense if committed by an adult was fourteen years of age or older and under eighteen years of age at the time of the alleged act and if the case is transferred for criminal prosecution pursuant to section 2151.26 of the Revised Code, the juvenile court does not have jurisdiction to hear or determine the case subsequent to the transfer. The court to which the case is transferred for criminal prosecution pursuant to that section has jurisdiction subsequent to the transfer to hear and determine the case in the same manner as if the case originally had been commenced in that court, including, but not limited to, jurisdiction to accept a plea of guilty or another plea authorized by Criminal Rule 11 or another section of the Revised Code and jurisdiction to accept a verdict and to enter a judgment of conviction pursuant to the Rules of Criminal Procedure against the child for the commission of the offense that was the basis of the transfer of the case for criminal prosecution, whether the conviction is for the same degree or a lesser degree of the offense charged, for the commission of a lesser-included offense, or for the commission of another offense that is different from the offense charged. (I) If a person under eighteen years of age allegedly commits an act that would be a felony if committed by an adult and if the person is not taken into custody or apprehended for that act until after the person attains twenty-one years of age, the juvenile court does not have jurisdiction to hear or determine any portion of the case charging the person with committing that act. In those circumstances, divisions (B) and (C) of section 2151.26 of the Revised Code do not apply regarding the act, the case charging the person with committing the act shall be a criminal prosecution commenced and heard in the appropriate court having jurisdiction of the offense as if the person had been eighteen years of age or older when the person committed the act, all proceedings pertaining to the act shall be within the jurisdiction of the court having jurisdiction of the offense, and the court having jurisdiction of the offense has all the authority and duties in the case as it has in other criminal cases commenced in that court.
Sec. 3105.21. (A) Upon satisfactory proof of the causes in the complaint for divorce, annulment, or legal separation, the court of common pleas shall make an order for the disposition, care, and maintenance of the children of the marriage, as is in their best interests, and in accordance with section 3109.04 of the Revised Code. (B) Upon the failure of proof of the causes in the complaint, the court may make the order for the disposition, care, and maintenance of any dependent child of the marriage as is in the child's best interest, and in accordance with section 3109.04 of the Revised Code. (C) Each order for child support made or modified under this section shall include as part of the order a general provision, as described in division (A)(1) of section 3113.21 of the Revised Code, requiring the withholding or deduction of income or assets of the obligor under the order as described in division (D) of section 3113.21 of the Revised Code, or another type of appropriate requirement as described in division (D)(3), (D)(4), or (H) of that 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 collection of the support and of any arrearages that occur; a statement requiring all parties to the order to notify the child support enforcement agency in writing of their current mailing address, current residence address, current residence telephone number, current driver's license number, and any changes to that information; and a notice that the requirement to notify the agency of all changes to that information continues until further notice from the court. Any court of common pleas that makes or modifies an order for child support under this section shall comply with sections 3113.21 to 3113.219 of the Revised Code. If any person required to pay child support under an order made under this section on or after April 15, 1985, or modified on or after December 1, 1986, is found in contempt of court for failure to make support payments under the order, the court that makes the finding, in addition to any other penalty or remedy imposed, shall assess all court costs arising out of the contempt proceeding against the person and require the person to pay any reasonable attorney's fees of any adverse party, as determined by the court, that arose in relation to the act of contempt. (D) Notwithstanding section 3109.01 of the Revised Code,
if a court issues a child support order under this section, the
order shall remain in effect beyond the child's eighteenth
birthday as long as the child continuously attends on a full-time
basis any recognized and accredited high school
or the order provides
that the duty of support of the child continues beyond the
child's eighteenth birthday. Except in cases in which
the order provides that the
duty of support continues for any period after the child reaches
age nineteen, the order shall not remain in effect after the
child reaches age nineteen. Any parent
ordered to pay support under a child support order issued under
this section shall continue to pay support under the order,
including during seasonal vacation periods, until the order
terminates.
A PARENT ORDERED TO PAY SUPPORT, AS THE FATHER OF A CHILD,
UNDER A CHILD SUPPORT ORDER ISSUED UNDER THIS SECTION IS ENTITLED TO OBTAIN
RELIEF FROM THE ORDER PURSUANT TO SECTION 3113.2111 of the Revised Code.
Sec. 3109.05. (A)(1) In a divorce, dissolution of marriage, legal separation, or child support proceeding, the court may order either or both parents to support or help support their children, without regard to marital misconduct. In determining the amount reasonable or necessary for child support, including the medical needs of the child, the court shall comply with sections 3113.21 to 3113.219 of the Revised Code. (2) The court, in accordance with sections 3113.21 and 3113.217 of the Revised Code, shall include in each support order made under this section the requirement that one or both of the parents provide for the health care needs of the child to the satisfaction of the court, and the court shall include in the support order a requirement that all support payments be made through the division of child support in the department of human services. (3) Each order for child support made or modified under this section shall include as part of the order a general provision, as described in division (A)(1) of section 3113.21 of the Revised Code, requiring the withholding or deduction of income or assets of the obligor under the order as described in division (D) or (H) of section 3113.21 of the Revised Code, or another type of appropriate requirement as described in division (D)(3), (D)(4), or (H) of that 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 collection of the support and of any arrearages that occur; a statement requiring both parents to notify the child support enforcement agency in writing of their current mailing address; current residence address, current residence telephone number, current driver's license number, and any changes to that information, and a notice that the requirement to notify the agency of all changes to that information continues until further notice from the court. The court shall comply with sections 3113.21 to 3113.219 of the Revised Code when it makes or modifies an order for child support under this section. (B) The juvenile court has exclusive jurisdiction to enter the orders in any case certified to it from another court. (C) If any person required to pay child support under an order made under division (A) of this section on or after April 15, 1985, or modified on or after December 1, 1986, is found in contempt of court for failure to make support payments under the order, the court that makes the finding, in addition to any other penalty or remedy imposed, shall assess all court costs arising out of the contempt proceeding against the person and require the person to pay any reasonable attorney's fees of any adverse party, as determined by the court, that arose in relation to the act of contempt and, on or after July 1, 1992, shall assess interest on any unpaid amount of child support pursuant to section 3113.219 of the Revised Code. (D) The court shall not authorize or permit the escrowing, impoundment, or withholding of any child support payment ordered under this section or any other section of the Revised Code because of a denial of or interference with a right of companionship or visitation granted in an order issued under this section, section 3109.051, 3109.11, 3109.12, or any other section of the Revised Code, or as a method of enforcing the specific provisions of any such order dealing with visitation. (E) Notwithstanding section 3109.01 of the Revised Code,
if a court issues a child support order under this section, the
order shall remain in effect beyond the child's eighteenth
birthday as long as the child continuously attends on a full-time
basis any recognized and accredited high school
or the order provides
that the duty of support of the child continues beyond the
child's eighteenth birthday. Except in cases in which
the order provides that the
duty of support continues for any period after the child reaches
age nineteen, the order shall not remain in effect after the
child reaches age nineteen.
Any parent ordered to pay support under a child support order issued under
this section shall continue to pay support under the order,
including during seasonal vacation periods, until the order
terminates. A PARENT ORDERED TO PAY SUPPORT, AS THE FATHER OF A CHILD,
UNDER A CHILD SUPPORT ORDER ISSUED UNDER THIS SECTION IS ENTITLED TO OBTAIN
RELIEF FROM THE ORDER PURSUANT TO SECTION 3113.2111 of the Revised Code.
Sec. 3109.19. (A) As used in this section, "minor" has the same meaning as in section 3107.01 of the Revised Code. (B)(1) If a child is born to parents who are unmarried and
unemancipated minors, a parent of one of the minors is
providing support for the minors' child, and the minors have
not signed an acknowledgment of paternity or a (2) If a child is born to parents who are unmarried
and unemancipated minors, a parent of one of the minors is
providing support for the child, and the minors have
signed an acknowledgment of paternity that has become final pursuant to
section
2151.232, 3111.211, or 5101.314 of the
Revised Code or a (C)(1) On receipt of a complaint filed under division (B)(2) of this section, the court shall schedule a hearing to determine, in accordance with sections 3113.21 to 3113.219 of the Revised Code, the amount of child support the minors' parents are required to pay, the method of paying the support, and the method of providing for the child's health care needs. On receipt of a request under division (B)(2) of this section, the agency shall schedule a hearing to determine, in accordance with sections 3111.23 to 3111.28 and 3113.215 of the Revised Code, the amount of child support the minors' parents are required to pay, the method of paying the support, and the method of providing for the child's health care needs. At the conclusion of the hearing, the court or agency shall issue an order requiring the payment of support of the child and provision for the child's health care needs. The court or agency shall calculate the child support amount using the income of the minors' parents instead of the income of the minors. If any of the minors' parents are divorced, the court or agency shall calculate the child support as if they were married, and issue a child support order requiring the parents to pay a portion of any support imposed as a separate obligation. If a child support order issued pursuant to section 2151.23, 2151.231, 2151.232, 3111.13, 3111.20, 3111.211, or 3111.22 of the Revised Code requires one of the minors to pay support for the child, the amount the minor is required to pay shall be deducted from any amount that minor's parents are required to pay pursuant to an order issued under this section. The hearing shall be held not later than sixty days after the day the complaint is filed or the request is made nor earlier than thirty days after the court or agency gives the minors' parents notice of the action. (2) An order issued by an agency for the payment of child
support shall include a notice stating all of the following: that the
parents of the minors may object to the order by
filing a complaint pursuant to division (B)(2) of this
section with the court requesting that the court issue an order
requiring the minors' parents to pay support for the child and provide for
the child's health care needs; that
the complaint may be filed no later than thirty days after the
date of the issuance of the agency's order; and that, if none of the parents
of the minors
file a complaint pursuant to division (B)(2) of this
section, the agency's order is final and enforceable by a
court and may be modified and enforced only in accordance with
sections 3111.23 to 3111.28 and sections 3113.21 to (D) (1) The minor who resides with the parents required to pay support under this section reaches the age of eighteen years, dies, marries, enlists in the armed services, is deported, gains legal or physical custody of the child, or is otherwise emancipated. (2) The child who is the subject of the order dies, is adopted, is deported, or is transferred to the legal or physical custody of the minor who lives with the parents required to pay support under this section. (3) The minor's parents to whom support is being paid pursuant to this section is no longer providing any support for the child. (E)(1) The minor's parents to whom support is being paid under a child support order issued by a court pursuant to this section shall notify, and the minor's parents who are paying support may notify the child support enforcement agency of the occurrence of any event described in division (D) of this section. A willful failure to notify the agency as required by this division is contempt of court. Upon receiving notification pursuant to this division, the agency shall comply with division (G)(4) of section 3113.21 of the Revised Code. (2) The minor's parents to whom support is being paid under a child support order issued by the agency pursuant to this section shall notify, and the minor's parents who are paying support may notify the child support enforcement agency of the occurrence of any event described in division (D) of this section. Upon receiving notification pursuant to this division, the agency shall comply with division (E)(4) of section 3111.23 of the Revised Code. (F) A MINOR'S PARENT ORDERED TO PAY SUPPORT FOR A CHILD UNDER A
CHILD SUPPORT ORDER ISSUED UNDER THIS SECTION IS ENTITLED TO OBTAIN RELIEF
FROM THE ORDER PURSUANT TO SECTION 3113.2111 of the Revised Code.
Sec. 3111.13. (A) (B) If the judgment or order of the court is at variance with the child's birth record, the court may order that a new birth record be issued under section 3111.18 of the Revised Code. (C) The judgment or order may contain any other provision directed against the appropriate party to the proceeding, concerning the duty of support, the furnishing of bond or other security for the payment of the judgment, or any other matter in the best interest of the child. The judgment or order shall direct the father to pay all or any part of the reasonable expenses of the mother's pregnancy and confinement. After entry of the judgment or order, the father may petition that he be designated the residential parent and legal custodian of the child or for visitation rights in a proceeding separate from any action to establish paternity. Additionally, if the mother is unmarried, the father, the parents of the father, any relative of the father, the parents of the mother, and any relative of the mother may file a complaint pursuant to section 3109.12 of the Revised Code requesting the granting under that section of reasonable companionship or visitation rights with respect to the child. The judgment or order shall contain any provision required by section 3111.14 of the Revised Code. (D) Support judgments or orders ordinarily shall be for periodic payments that may vary in amount. In the best interest of the child, a lump-sum payment or the purchase of an annuity may be ordered in lieu of periodic payments of support. (E) In determining the amount to be paid by a parent for support of the child and the period during which the duty of support is owed, a court enforcing the obligation of support shall comply with sections 3113.21 to 3113.219 of the Revised Code. (F)(1) Each order for child support made or modified under this section shall include as part of the order a general provision, as described in division (A)(1) of section 3113.21 of the Revised Code, requiring the withholding or deduction of income or assets of the obligor under the order as described in division (D) or (H) of section 3113.21 of the Revised Code, or another type of appropriate requirement as described in division (D)(3), (D)(4), or (H) of that 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 collection of the support and of any arrearages that occur; a statement requiring all parties to the order to notify the child support enforcement agency in writing of their current mailing address, current residence address, current residence telephone number, current driver's license number, and any changes to that information; and a notice that the requirement to notify the agency of all changes to that information continues until further notice from the court. Any court that makes or modifies an order for child support under this section shall comply with sections 3113.21 to 3113.219 of the Revised Code. If any person required to pay child support under an order made under this section on or after April 15, 1985, or modified on or after December 1, 1986, is found in contempt of court for failure to make support payments under the order, the court that makes the finding, in addition to any other penalty or remedy imposed, shall assess all court costs arising out of the contempt proceeding against the person and require the person to pay any reasonable attorney's fees of any adverse party, as determined by the court, that arose in relation to the act of contempt. (2)(a) Notwithstanding section 3109.01 of the Revised Code, if a court issues a child support order under this section, the order shall remain in effect beyond the child's eighteenth birthday as long as the child continuously attends on a full-time basis any recognized and accredited high school or the order provides that the duty of support of the child continues beyond the child's eighteenth birthday. Except in cases in which the order provides that the duty of support continues for any period after the child reaches nineteen years of age, the order shall not remain in effect after the child reaches age nineteen. Any parent ordered to pay support under a child support order issued under this section shall continue to pay support under the order, including during seasonal vacation periods, until the order terminates. (b) A PARENT ORDERED TO PAY SUPPORT, AS THE FATHER OF A CHILD, UNDER A CHILD SUPPORT ORDER ISSUED UNDER THIS SECTION IS ENTITLED TO OBTAIN RELIEF FROM THE ORDER PURSUANT TO SECTION 3113.2111 of the Revised Code. (3) When a court determines whether to require a parent to pay an amount for that parent's failure to support a child prior to the date the court issues an order requiring that parent to pay an amount for the current support of that child, it shall consider all relevant factors, including, but not limited to, any monetary contribution either parent of the child made to the support of the child prior to the court issuing the order requiring the parent to pay an amount for the current support of the child. (G) As used in this section, "birth record" has the same meaning as in section 3705.01 of the Revised Code. (H) Unless the court has reason to believe that a person named in
the order is a potential victim of domestic violence, any order issued
pursuant to this section finding the
existence of a Sec. 3111.20. (A) As used in sections 3111.20 to 3111.29 of the Revised Code: (1) "Obligor" means the person required to pay support under an administrative support order. (2) "Obligee" means the person entitled to receive the support payments under an administrative support order. (3) "Administrative support order" means an administrative order for the payment of support that is issued by a child support enforcement agency. (4) "Support" means child support. (5) "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. (6) "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 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. (7) "Title IV-D case" means any case in which the child support enforcement agency is enforcing the support order pursuant to Title IV-D of the "Social Security Act," 88 Stat. 2351 (1975), 42 U.S.C. 651, as amended. (8) "Payor" means any person or entity that 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 governing entity of any 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; a person paying or otherwise distributing an obligor's income; 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. (9) "Income" means any form of monetary payment including, personal earnings; 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; workers' compensation payments; pensions; annuities; allowances; 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 monetary payments. (B) A man who is presumed to be the natural father of a child pursuant to section 3111.03 of the Revised Code assumes the parental duty of support with respect to the child. (C) Notwithstanding section 3109.01 of the Revised Code, a parent's duty of support for a child shall continue beyond the age of majority as long as the child continuously attends on a full-time basis any recognized and accredited high school or a court-issued child support order provides that the duty of support continues beyond the age of majority. Except in cases in which a child support order requires the duty of support to continue for any period after the child reaches nineteen years of age, the duty does not continue after the child reaches nineteen years of age. The parental duty of support shall continue during seasonal vacations. A parent, guardian, or legal custodian of a child, the person with whom the child resides, or the child support enforcement agency of the county in which the child, parent, guardian, or legal custodian of the child resides may file a complaint pursuant to section 2151.231 of the Revised Code in the juvenile court of that county requesting the court to order a parent who neglects or does not assume the parental duty of support to pay an amount for the support of the child and to provide for the health care needs of the child and to provide for the health care needs of the child, may contact a child support enforcement agency for assistance in obtaining the order, or may request an administrative officer of a child support enforcement agency to issue an administrative order for the payment of child support and providing for the health care needs of the child pursuant to division (D) of this section. Upon the filing of the complaint or the making of the request, the court shall issue an order requiring the payment of support for the child and providing for the health care needs of the child, pursuant to section 2151.231 of the Revised Code, or the administrative officer, pursuant to division (D) of this section, shall issue an order requiring the payment of support for the child and providing for the health care needs of the child. A party to a request made under this division may raise the issue of the existence or nonexistence of a parent-child relationship between the presumed natural father and the child unless the presumption is based on acknowledgment of paternity that has become final pursuant to section 2151.232, 3111.211, or 5101.314 of the Revised Code. If a request is made for an administrative order providing for support and health care needs pursuant to division (D) of this section and the issue of the existence or nonexistence of a parent-child relationship is raised, the administrative officer shall treat the request as a request made pursuant to section 3111.22 of the Revised Code and determine the issue pursuant to that section. An administrative order issued pursuant to division (D) of this section does not preclude a party from requesting a determination of the issue of the existence or nonexistence of a parent and child relationship pursuant to this chapter if the issue was not determined with respect to the party in the proceedings conducted pursuant to division (D) of this section or pursuant to an acknowledgment of paternity that has become final under section 2151.232, 3111.211, or 5101.314 of the Revised Code. An order issued pursuant to division (D) of this section shall remain effective until a final and enforceable determination is made pursuant to this chapter that a parent-child relationship does not exist between the presumed natural father and the child or until the occurrence of an event described in division (E)(4)(a) of section 3111.23 of the Revised Code that requires the order to be terminated. (D) If a request is made pursuant to division (C) of this section or division (A) of section 3111.211 of the Revised Code for an administrative order requiring the payment of child support and providing for the health care needs of the child, the administrative officer shall schedule an administrative hearing to determine, in accordance with sections 3111.23 to 3111.29 and 3113.215 of the Revised Code, the amount of child support either parent is required to pay, the method of paying that child support, and the method of providing for the child's health care. The hearing shall be held not later than sixty days after the request is made pursuant to division (A) of this section or division (A) of section 3111.211 of the Revised Code nor earlier than thirty days after the officer gives the mother and father of the child notice of the action. When an administrative officer issues an administrative order for the payment of support and provision for the child's health care, all of the following apply: (1) The administrative support order shall require periodic payments of support that may vary in amount, except that, if it is in the best interest of the child, the administrative officer may order a lump sum payment or the purchase of an annuity in lieu of periodic payments of support. (2) The administrative support order shall require the parents to provide for the health care needs of the child in accordance with section 3111.241 of the Revised Code. The administrative support order shall include a notice stating that the
mother or the father
may object to the administrative order by bringing an action for the
payment of support and provision for the child's health care under
section 2151.321 of the Revised Code in
the juvenile court of the county in which the child or the
guardian or legal custodian of the child resides, that the action
may be brought no later than thirty days after the date of the
issuance of the administrative support order, and that, if neither the
mother nor the father
brings an action for the payment of support and provision for the child's
health care within that
thirty-day period, the administrative support order is final and
enforceable by a court and may be modified and
enforced only as provided in sections 3111.20 to
3111.28 and 3113.21 to (E) A PARENT ORDERED TO PAY SUPPORT, AS THE FATHER OF A CHILD,
UNDER AN ADMINISTRATIVE ORDER FOR THE PAYMENT OF CHILD SUPPORT ISSUED UNDER
THIS SECTION IS ENTITLED TO OBTAIN
RELIEF FROM THE ORDER PURSUANT TO SECTION 3113.2111 of the Revised Code.
Sec. 3111.22. (A)(1) Except as otherwise provided in
division (A)(2) of this section, no person may bring an action
under sections 3111.01 to 3111.19 of the Revised Code before
requesting an administrative determination of the existence or
nonexistence of a (2) If the alleged father of a child is deceased and
proceedings for the probate of the estate of the alleged father
have been or can be commenced, the court with jurisdiction over
the probate proceedings shall retain jurisdiction to determine
the existence or nonexistence of a (B) Except as provided in division (A)(2) of this section,
before a person brings an action pursuant to sections 3111.01 to
3111.19 of the Revised Code to determine the existence or
nonexistence of a (1) The name, birthdate, and current address of the alleged father of the child; (2) The name, social security number, and current address of the mother of the child; (3) The name and last known address of the alleged father of the child; (4) The name and birthdate of the child. (C)(1) Upon receiving a request for a determination of the
existence or nonexistence of a The agency shall attach a notice to the order and send both in accordance with the Rules of Civil Procedure to the mother and the alleged father. The notice shall state all of the following: (a) That the agency has been requested to determine the
existence of a (b) The name and birthdate of the child of which the man is alleged to be the natural father; (c) The name of the mother and the alleged natural father; (d) The rights and responsibilities of a parent; (e) That the child, the mother, and the alleged father must submit to genetic testing at the date, time, and place determined by the agency in the order issued pursuant to division (C)(1) of this section; (f) The administrative
procedure for determining the existence of a (g) That if the alleged father or natural mother willfully fails to submit to genetic testing, or the alleged father, natural mother, or the custodian of the child willfully fails to submit the child to genetic testing, the agency shall issue an order that it is inconclusive whether the alleged father is the child's natural father; (h) That if the alleged father or natural mother willfully fails to submit to genetic testing, or the alleged father, natural mother, or custodian of the child willfully fails to submit the child to genetic testing, they may be found in contempt of court. (2) The genetic testing shall be conducted by a qualified examiner authorized by the department of human services. On completion of the genetic tests, the examiner shall send a complete report of the test results to the agency. The administrative officer shall do one of the following: (a) If the results of the genetic testing show a ninety-nine per cent or greater probability that the alleged father is the natural father of the child, the administrative officer of the agency shall issue an administrative order that the alleged father is the father of the child who is the subject of the proceeding. (b) If the results of genetic testing show less than a ninety-nine per cent probability that the alleged father is the natural father of the child but do not exclude the alleged father from being the natural father of the child, the administrative officer shall issue an administrative order stating that it is inconclusive whether the alleged father is the natural father of the child. (c) If the results of the genetic testing exclude the alleged father from being the natural father of the child, the administrative officer shall issue an administrative order that the alleged father is not the father of the child who is the subject of the proceeding. An administrative officer shall include with any order the officer issues pursuant to division (C)(2)(a) or (c) of this section a notice that contains the information described in division (D) of this section informing the mother, father, and the guardian or legal custodian of the child of the right to object to the order. (D) When an administrative officer issues an
administrative order determining the existence or nonexistence of
a (E)(1) If an administrative officer issues an
administrative
order determining the existence of a (a) The administrative support order shall require periodic payments of support that may vary in amount, except that, if it is in the best interest of the child, the administrative officer may order a lump-sum payment or the purchase of an annuity in lieu of periodic payments of support. (b) The administrative support order shall require the parents to provide for the health care needs of the child in accordance with section 3111.241 of the Revised Code. (c) The administrative support order shall include a notice informing the mother, father, and the legal guardian or custodian of the child of the right to object to the order and containing the information described in division (E)(2) of this section. (2) The mother, father, or
the legal guardian or custodian of the child may object to the
administrative order by bringing an action for the payment of
support and provision for the child's health care under section
2151.231 of the Revised Code in the
juvenile court of the county in which the agency that employs the
administrative officer is located. The action shall be
brought no later than thirty days after the date of the issuance
of the administrative support order. If neither the mother nor the
father brings an action
for the payment of support and provision for the child's health care
within that thirty-day period, the administrative support order
is final
and enforceable by a court and may be modified and enforced only as
provided in sections 3111.20 to 3111.28 and 3113.21
to (F) If the alleged natural father or the natural
mother willfully fails to submit to genetic testing or if either parent
or any other person who is the custodian of the child willfully
fails to submit the child to genetic testing, the agency shall
enter an administrative order stating that it is inconclusive as
to whether the alleged natural father is the natural father of
the child and shall provide a notice to the parties informing
them that an action may be brought under sections
3111.01 to 3111.19 of the Revised
Code to establish a (G) Unless the agency has reason to believe that a person named
in the order is a potential victim of domestic violence, any order issued
pursuant to this section finding the
existence of a (H) An administrative
support order issued pursuant to section 3111.21 of the
Revised Code prior to (I) A PARENT ORDERED TO PAY SUPPORT, AS THE FATHER OF A CHILD, UNDER AN ADMINISTRATIVE ORDER FOR THE PAYMENT OF CHILD SUPPORT ISSUED UNDER THIS SECTION IS ENTITLED TO OBTAIN RELIEF FROM THE ORDER PURSUANT TO SECTION 3113.2111 of the Revised Code. (J) As used in this section, "birth record" has the same meaning
as in section 3705.01 of the Revised Code.
Sec. 3111.27. (A) No later than May 1, 1992, the department of human services shall adopt rules in accordance with Chapter 119. of the Revised Code establishing a procedure substantially similar to the procedure adopted pursuant to section 3113.216 of the Revised Code for determining when existing administrative support orders should be reviewed to determine whether it is necessary or in the best interest of the child who is the subject of the administrative support order to modify: (1) The support amount ordered under the administrative support order and to calculate any modification to the support amount in accordance with section 3113.215 of the Revised Code; (2) The provisions for the child's health care needs in the administrative support order and to make the modification in accordance with section 3111.241 of the Revised Code. (B)(1) If a child support enforcement agency, periodically or upon the request of the obligee or obligor, plans to review an administrative support order in accordance with the rules adopted pursuant to division (A) of this section or otherwise is requested to review an administrative support order, it shall do all the following prior to formally beginning the review: (a) Establish a date certain upon which the review shall begin; (b) At least sixty days before formally beginning the review, send the obligor and obligee notice of the planned review and of the date when the review will formally begin; (c) Request the obligor to provide the agency, no later than the scheduled date for formally beginning the review, 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 records evidencing the receipt of 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, the current group health insurance or health care policy, contract, or plan under which the obligor is enrolled and its cost, and any other information necessary to properly review the administrative support order, and request the obligee to provide the agency, no later than the scheduled date for review to formally begin, with a copy of the obligee's federal income tax returns from the previous year, a copy of all pay stubs obtained by the obligee within the preceding six months, a copy of all records evidencing the receipt of 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, the current group health insurance or health care policy, contract, or plan under which the obligor is enrolled and its cost, and any other information necessary to properly review the administrative support order; (d) Include in the notice sent pursuant to division (B)(1)(b) of this section, a notice that if either the obligor or obligee fails to comply with the request for information, the agency may bring an action under section 3111.28 of the Revised Code requesting the court to find the obligor and the obligee in contempt pursuant to section 2705.02 of the Revised Code. (2) If either the obligor or obligee fails to comply with the request made pursuant to division (B)(1)(c) of this section, the agency may bring an action under section 3111.28 of the Revised Code in the court of common pleas of the county in which the agency is located requesting the court to issue an order requiring an obligor and obligee to comply with the agency's request for information pursuant to division (B)(1)(c) of this section. If the obligor or obligee fails to comply with the court order issued pursuant to section 3111.28 of the Revised Code requiring compliance with the administrative request for information, the obligor or obligee is in contempt of court. In the action brought under section 3111.28 of the Revised Code, the agency may request the court to issue an order to require the obligor or obligee to provide the necessary information or to permit the agency to take whatever action is necessary to obtain information and make any reasonable assumptions necessary with respect to the information the person in contempt did not provide to ensure a fair and equitable review of the administrative child support order. If the agency decides to conduct the review based on the reasonable assumptions with respect to the information the person in contempt did not provide, it shall proceed in accordance with the rules adopted by the department of human services pursuant to division (A) of this section. (C)(1) If the agency determines that a modification is necessary and in the best interest of the child who is the subject of the administrative support order, the agency shall calculate the amount the obligor shall pay in accordance with section 3113.215 of the Revised Code. The agency may not deviate from the guidelines set forth in section 3113.215 of the Revised Code. (2) If the agency cannot set the amount of support the obligor shall pay without deviating from the guidelines set forth in section 3113.215 of the Revised Code, the agency shall bring an action under section 2151.231 of the Revised Code on behalf of the person who requested the agency to review the existing administrative order or if no one requested the review, on behalf of the obligee, in the court of common pleas of the county in which the agency is located requesting the court to issue a support order in accordance with sections 3113.21 to 3113.219 of the Revised Code. (3) When it reviews an administrative support order pursuant to this section, the agency shall consider whether the provision for the child's health care needs in the administrative support order is adequate. If the agency determines that the administrative support order does not provide adequately for the child's health care needs, the agency shall modify the order in accordance with section 3111.241 of the Revised Code. (D)(1) If the agency modifies an existing administrative support order, the agency shall provide the obligee and obligor with notice of the change and shall include in the notice a statement that the obligor or obligee may object to the modified administrative support order by initiating an action under section 2151.231 of the Revised Code in the juvenile court of the county in which the mother, the father, the child, or the guardian or custodian of the child resides. (2) If the agency modifies an existing administrative support order, the modification shall relate back to the first day of the month following the date certain on which the review began under division (B)(1)(a) of this section. (E) A PARENT ORDERED TO PAY SUPPORT, AS THE FATHER OF A CHILD,
UNDER AN ADMINISTRATIVE ORDER FOR THE PAYMENT OF CHILD SUPPORT ISSUED UNDER
THIS SECTION IS ENTITLED TO OBTAIN
RELIEF FROM THE ORDER PURSUANT TO SECTION 3113.2111 of the Revised Code.
Sec. 3113.04. (A) Sentence may be suspended if a person, after conviction under section 2919.21 of the Revised Code and before sentence under that section, appears before the court of common pleas in which the conviction took place and enters into bond to the state in a sum fixed by the court at not less than five hundred nor more than one thousand dollars, with sureties approved by the court, conditioned that the person will furnish the child or other dependent with necessary or proper home, care, food, and clothing, or will pay promptly each week for such purpose to the division of child support in the department of human services, a sum to be fixed by the agency. The child support enforcement agency shall comply with sections 3113.21 to 3113.219 of the Revised Code when it fixes the sum to be paid to the division. (B) Each order for child support made or modified under this section shall include as part of the order a general provision, as described in division (A)(1) of section 3113.21 of the Revised Code, requiring the withholding or deduction of income or assets of the obligor under the order as described in division (D) of section 3113.21 of the Revised Code or another type of appropriate requirement as described in division (D)(3), (D)(4) or (H) of that 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 collection of the support and of any arrearages that occur; a statement requiring all parties to the order to notify the child support enforcement agency in writing of their current mailing address, current residence address, current resident telephone number, current driver's license number, and any changes to that information, and a notice that the requirement to notify the agency of all changes to that information continues until further notice from the court. If any person required to pay child support under an order made under this section on or after April 15, 1985, or modified on or after December 1, 1986, is found in contempt of court for failure to make support payments under the order, the court that makes the finding, in addition to any other penalty or remedy imposed, shall assess all court costs arising out of the contempt proceeding against the person and require the person to pay any reasonable attorney's fees of any adverse party, as determined by the court, that arose in relation to the act of contempt. (C) Notwithstanding section 3109.01 of the Revised Code,
if a court issues a child support order under this section, the
order shall remain in effect beyond the child's eighteenth
birthday as long as the child continuously attends on a full-time
basis any recognized and accredited high school
or the order provides
that the duty of support of the child continues beyond the
child's eighteenth birthday. Except in cases in which
the order provides that the
duty of support continues for any period after the child reaches
nineteen years of age, the order shall not remain in effect after the
child reaches age nineteen. Any
parent
ordered to pay support under a child support order issued under
this section shall continue to pay support under the order,
including during seasonal vacation periods, until the order
terminates. A PARENT ORDERED TO PAY SUPPORT, AS THE FATHER OF A CHILD,
UNDER A CHILD SUPPORT ORDER ISSUED UNDER THIS SECTION IS ENTITLED TO OBTAIN
RELIEF FROM THE ORDER PURSUANT TO SECTION 3113.2111 of the Revised Code.
Sec. 3113.07. As used in this section, "executive director" has the same meaning as in section 5153.01 of the Revised Code. Sentence may be suspended, if a person, after conviction under section 3113.06 of the Revised Code and before sentence thereunder, appears before the court of common pleas in which such conviction took place and enters into bond to the state in a sum fixed by the court at not less than five hundred dollars, with sureties approved by such court, conditioned that such person will pay, so long as the child remains a ward of the public children services agency or a recipient of aid pursuant to Chapter 5107. or 5115. of the Revised Code, to the executive director thereof or to a trustee to be named by the court, for the benefit of such agency or if the child is a recipient of aid pursuant to Chapter 5107. or 5115. of the Revised Code, to the county department of human services, the reasonable cost of keeping such child. The amount of such costs and the time of payment shall be fixed by the court. The court, in accordance with section 3113.217 of the Revised Code, shall include in each support order made under this section the requirement that one or both of the parents provide for the health care needs of the child to the satisfaction of the court. A PARENT ORDERED TO PAY SUPPORT, AS THE FATHER OF A CHILD, UNDER A CHILD SUPPORT ORDER ISSUED UNDER THIS SECTION IS ENTITLED TO OBTAIN RELIEF FROM THE ORDER PURSUANT TO SECTION 3113.2111 of the Revised Code. Sec. 3113.2111. (A) AS USED IN THIS SECTION, "CHILD SUPPORT" MEANS SUPPORT FOR A CHILD THAT IS INCLUDED IN A SUPPORT ORDER ISSUED OR MODIFIED PRIOR TO, ON, OR AFTER THE EFFECTIVE DATE OF THIS SECTION, UNDER FORMER SECTION 3111.21 OR SECTION 2151.23, 2151.33, 2151.36, 2151.49, 3105.18, 3105.21, 3109.05, 3109.19, 3111.13, 3111.20, 3111.22, 3111.27, 3113.04, 3113.07, 3113.216, OR 3113.31, OR CHAPTER 3115. of the Revised Code. (B) THE GENERAL ASSEMBLY HEREBY DECLARES THAT IT IS A SUBSTANTIVE RIGHT TO OBTAIN RELIEF FROM A FINAL JUDGMENT, ORDER, OR PROCEEDING THAT REQUIRES A PARTY TO PAY CHILD SUPPORT IF RELIEF IS GRANTED PURSUANT TO DIVISION (C) OF THIS SECTION BASED ON SCIENTIFIC EVIDENCE THAT THE PARTY OR A MALE MINOR DESCRIBED IN DIVISION (B) OF SECTION 3109.19 of the Revised Code IS NOT THE FATHER OF THE CHILD. A PARTY IS ENTITLED TO OBTAIN RELIEF UNDER DIVISION (C) OF THIS SECTION REGARDLESS OF WHETHER THE PARTY OR THE MALE MINOR, AT ANY TIME PRIOR TO THE FILING OF THE MOTION, WAS MARRIED TO THE MOTHER OF THE CHILD, ACKNOWLEDGED HIS PATERNITY OF THE CHILD IN A WRITING SWORN TO BEFORE A NOTARY PUBLIC, WAS NAMED WITH HIS CONSENT AS THE CHILD'S FATHER ON THE CHILD'S BIRTH CERTIFICATE, WAS REQUIRED TO SUPPORT THE CHILD BY A WRITTEN VOLUNTARY PROMISE OR A COURT ORDER, SIGNED WITH HIS CONSENT THE CHILD'S BIRTH CERTIFICATE AS AN INFORMANT AS PROVIDED IN SECTION 3705.09 OF THE REVISED CODE AS THAT SECTION EXISTED PRIOR TO JANUARY 1, 1998, WAS NAMED IN AN ACKNOWLEDGMENT OF PATERNITY THAT A COURT ENTERED UPON ITS JOURNAL PURSUANT TO FORMER SECTION 2105.18 OF THE REVISED CODE, WAS NAMED IN AN ACKNOWLEDGMENT OF PATERNITY THAT HAS BECOME FINAL UNDER SECTION 2151.232, 3111.211, OR 5101.314 of the Revised Code, WAS PRESUMED TO BE THE NATURAL FATHER OF THE CHILD UNDER ANY CIRCUMSTANCE LISTED IN SECTION 3111.03 OF THE REVISED CODE, WAS DETERMINED TO BE THE FATHER OF THE CHILD IN A PARENTAGE ACTION UNDER CHAPTER 3111. OF THE REVISED CODE, OR OTHERWISE ADMITTED, ACKNOWLEDGED, OR WAS DETERMINED TO BE THE CHILD'S FATHER. A PARTY IS ENTITLED TO OBTAIN RELIEF UNDER DIVISION (C) OF THIS SECTION REGARDLESS OF WHETHER THE FINAL JUDGMENT, ORDER, OR PROCEEDING THAT REQUIRES THE PARTY TO PAY CHILD SUPPORT WAS ISSUED PRIOR TO, ON, OR AFTER THE EFFECTIVE DATE OF THIS SECTION. (C) NOTWITHSTANDING THE PROVISIONS TO THE CONTRARY IN CIVIL RULE 60(B), ON MOTION AND UPON ANY TERMS THAT ARE JUST, THE COURT SHALL RELIEVE A PARTY FROM A FINAL JUDGMENT, ORDER, OR PROCEEDING THAT REQUIRES THE PARTY TO PAY CHILD SUPPORT FOR THE CHILD IF BOTH OF THE FOLLOWING APPLY: (1) THE PARTY SUBMITS GENETIC TEST RESULTS WITHIN SIX MONTHS AFTER THOSE GENETIC TEST RESULTS ARE DETERMINED THAT FIND THERE IS LESS THAN A FIVE PER CENT CHANCE OF THE PARTY OR THE MALE MINOR BEING THE FATHER OF THE CHILD FOR WHOSE BENEFIT THE SUPPORT IS REQUIRED. (2) NOT MORE THAN TWO YEARS HAVE ELAPSED SINCE THE DATE THE FINAL JUDGMENT, ORDER, OR PROCEEDING WAS ISSUED REQUIRING THE PARTY TO PAY CHILD SUPPORT FOR THE CHILD. (D) THE RESULTS OF GENETIC TESTING SHALL NOT BE REJECTED BY THE COURT SOLELY BECAUSE THEY ARE BASED ON SAMPLES FROM ONLY THE PARTY OR MALE MINOR AND THE CHILD. (E) A MOTION UNDER DIVISION (C) OF THIS SECTION DOES NOT AFFECT THE FINALITY OF A JUDGMENT OR SUSPEND ITS OPERATION. (F) IF, PURSUANT TO THIS SECTION, A COURT GRANTS A MOTION THAT RELIEVES A PARTY FROM A FINAL JUDGMENT, ORDER, OR PROCEEDING THAT REQUIRES THE PARTY TO PAY CHILD SUPPORT, THE GRANTING OF THE MOTION DOES NOT PRECLUDE ANY PERSON FROM FILING, SUBSEQUENT TO THE GRANTING OF THE MOTION, AN ACTION UNDER CHAPTER 3111. OF THE REVISED CODE TO ESTABLISH A PARENT-CHILD RELATIONSHIP BETWEEN THE PARTY WHO WAS SO RELIEVED OR THE MALE MINOR AND THE CHILD FOR WHOSE BENEFIT THE SUPPORT WAS REQUIRED, PROVIDED THAT A PERSON SHALL NOT FILE MORE THAN ONE ACTION OF THAT TYPE UNDER CHAPTER 3111. of the Revised Code IN ANY TWO-YEAR PERIOD REGARDING THE PARTY WHO WAS SO RELIEVED OR THE MALE MINOR AND THE CHILD FOR WHOSE BENEFIT THE SUPPORT WAS REQUIRED. IF, SUBSEQUENT TO THE GRANTING OF THE MOTION, A PERSON FILES AN ACTION UNDER CHAPTER 3111. OF THE REVISED CODE AS DESCRIBED IN THIS DIVISION, THE COURT, IN ACCORDANCE WITH THAT CHAPTER, MAY ENTER A JUDGMENT IN THE ACTION THAT DETERMINES THE EXISTENCE OF A PARENT-CHILD RELATIONSHIP BETWEEN THE PARTY WHO WAS SO RELIEVED OR THE MALE MINOR AND THE CHILD FOR WHOSE BENEFIT THE SUPPORT WAS REQUIRED PROVIDED THAT NO JUDGMENT OF THAT TYPE MAY BE ENTERED UNLESS GENETIC TESTS TAKEN SUBSEQUENT TO THE GRANTING OF THE MOTION INDICATE THAT THERE IS A STATISTICAL PROBABILITY THAT THE PARTY WHO WAS SO RELIEVED OR THE MALE MINOR IS THE NATURAL FATHER OF THE CHILD. (G) IF RELIEF FROM AN ORDER FOR THE PAYMENT OF CHILD SUPPORT
IS GRANTED
PURSUANT TO THIS SECTION AND THE PARTY WHO WAS SO RELIEVED, THE MALE MINOR, OR
ANY RELATIVE OF THE PARTY OR MALE MINOR HAS BEEN GRANTED COMPANIONSHIP OR
VISITATION RIGHTS WITH THE CHILD PURSUANT TO AN ORDER ISSUED UNDER SECTION
3109.051 OR 3109.12 OF THE REVISED CODE, THE COURT THAT
GRANTS THE RELIEF SHALL
IMMEDIATELY SEND WRITTEN NOTICE TO THE COURT THAT ISSUED THE ORDER GRANTING
THE COMPANIONSHIP OR VISITATION RIGHTS. ON RECEIPT OF THE NOTICE, THE
COURT THAT GRANTED THE COMPANIONSHIP OR VISITATION RIGHTS SHALL TERMINATE THE
ORDER GRANTING THOSE RIGHTS.
Sec. 3113.216. (A) As used in this section, "obligor" and "obligee" have the same meanings as in section 3113.21 of the Revised Code. (B) No later than October 13, 1990, the department of human services shall adopt rules pursuant to Chapter 119. of the Revised Code establishing a procedure for determining when existing child support orders should be reviewed to determine whether it is necessary and in the best interest of the children who are the subject of the child support order to change the child support order. The rules shall include, but are not limited to, all of the following: (1) Any procedures necessary to comply with section 666(a)(10) of Title 42 of the U.S. Code, "Family Support Act of 1988," 102 Stat. 2346, 42 U.S.C. 666(a)(10), as amended, and any regulations adopted pursuant to, or to enforce, that section; (2) Procedures for determining what child support orders are to be subject to review upon the request of either the obligor or the obligee or periodically by the child support enforcement agency administering the child support order; (3) Procedures for the child support enforcement agency to periodically review and to review, upon the request of the obligor or the obligee, any child support order that is subject to review to determine whether the amount of child support paid under the child support order should be adjusted in accordance with the basic child support schedule set forth in division (D) of section 3113.215 of the Revised Code or whether the provisions for the child's health care needs under the child support order should be modified in accordance with section 3113.217 of the Revised Code; (4) Procedures for giving obligors and obligees notice of their right to request a review of a child support order that is determined to be subject to review, notice of any proposed revision of the amount of child support to be paid under the child support order, notice of the procedures for requesting a hearing on any proposed revision of the amount of child support to be paid under a child support order, notice of any administrative hearing to be held on a proposed revision of the amount of child support to be paid under a child support order, at least sixty days' prior notice of any review of their child support order, and notice that a failure to comply with any request for documents or information to be used in the review of a child support order is contempt of court; (5) Procedures for obtaining the necessary documents and information necessary to review child support orders and for holding administrative hearings on a proposed revision of the amount of child support to be paid under a child support order; (6) Procedures for adjusting child support orders in accordance with the basic child support schedule set forth in division (D) of section 3113.215 of the Revised Code and the applicable worksheet in division (E) of that section, through line 24 or in division (F) of that section, through line 23; (7) Procedures for adjusting the provisions of the child support order governing the health care needs of the child pursuant to section 3113.217 of the Revised Code. (C)(1) If a child support enforcement agency, periodically or upon request of an obligor or obligee, plans to review a child support order in accordance with the rules adopted pursuant to division (B) of this section or otherwise plans to review a child support order, it shall do all of the following prior to formally beginning the review: (a) Establish a date certain upon which the review will formally begin; (b) At least sixty days before formally beginning the review, send the obligor and the obligee notice of the planned review and of the date when the review will formally begin; (c) Request the obligor to provide the agency, no later than the scheduled date for formally beginning the review, 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, the current health insurance or health care policy, contract, or plan under which the obligor is enrolled and its cost, and any other information necessary to properly review the child support order, and request the obligee to provide the agency, no later than the scheduled date for formally beginning the review, 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, the current health insurance or health care policy, contract, or plan under which the obligee is enrolled and its cost, and any other information necessary to properly review the child support order; (d) Include in the notice sent pursuant to division (C)(1)(b) of this section, a notice that a willful failure to provide the documents and other information requested pursuant to division (C)(1)(c) of this section is contempt of court. (2) If either the obligor or the obligee fails to comply with a request for information made pursuant to division (C)(1)(c) of this section, it is contempt of court, and the agency shall notify the court of the failure to comply with the request for information. The agency may request the court to issue an order requiring the obligor or the obligee to provide the information as requested or take whatever action is necessary to obtain the information and 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. If the agency decides to conduct the review based on reasonable assumptions with respect to the information the person in contempt of court did not provide, it shall proceed under division (C)(3) of this section in the same manner as if all requested information has been received. (3) Upon the date established pursuant to division (C)(1)(a) of this section for formally beginning the review of a child support order, the agency shall review the child support order and shall do all of the following: (a) Calculate a revised amount of child support to be paid under the child support order; (b) Give the obligor and obligee notice of the revised amount of child support to be paid under the child support order, of their right to request an administrative hearing on the revised amount of child support, of the procedures and time deadlines for requesting the hearing, and that the revised amount of child support will be submitted to the court for inclusion in a revised child support order unless the obligor or obligee requests an administrative hearing on the proposed change within thirty days after receipt of the notice under this division; (c) If neither the obligor nor the obligee timely requests an administrative hearing on the revised amount of child support to be paid under the child support order, submit the revised amount of child support to the court for inclusion in a revised child support order; (d) If the obligor or the obligee timely requests an administrative hearing on the revised amount of child support to be paid under the child support order, the agency shall schedule a hearing on the issue, give the obligor and obligee notice of the date, time, and location of the hearing, conduct the hearing in accordance with the rules adopted under division (B) of this section, redetermine at the hearing a revised amount of child support to be paid under the child support order, and give notice of all of the following to the obligor and obligee: (i) The revised amount of child support to be paid under the child support order; (ii) That they may request a court hearing on the revised amount of child support; (iii) That the agency will submit the revised amount of child support to the court for inclusion in a revised child support order, if neither the obligor nor the obligee requests a court hearing on the revised amount of child support. (e) If neither the obligor nor the obligee requests a court hearing on the revised amount of child support to be paid under the child support order, submit the revised amount of child support to the court for inclusion in a revised child support order. (4) In calculating a revised amount of child support to be paid under a child support order under division (C)(3)(a) of this section, and in redetermining, at an administrative hearing conducted under division (C)(3)(d) of this section, a revised amount of child support to be paid under a child support order, the child support enforcement agency shall consider, in addition to all other factors required by law to be considered, the following: (a) 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; (b) The cost of health insurance coverage which the obligor, the obligee, or both have been ordered to obtain in accordance with section 3113.217 of the Revised Code for the children specified in the order. (D) If an obligor or obligee files a request for a court hearing on a revised amount of child support to be paid under a child support order in accordance with division (C) of this section and the rules adopted under division (B) of this section, the court shall conduct a hearing in accordance with division (C)(1)(c) of section 3113.21 of the Revised Code. (E) A child support enforcement agency is not required to review a child support order pursuant to this section if the review is not otherwise required by section 666(a)(10) of Title 42 of the U.S. Code, "Family Support Act of 1988," 102 Stat. 2346, 42 U.S.C. 666(a)(10), as amended, and any regulations adopted pursuant to, or to enforce, that section and if either of the following apply: (1) The obligee has made an assignment under section 5107.20 of the Revised Code of the right to receive child support payments, the agency determines that the review would not be in the best interest of the children who are the subject of the child support order, and neither the obligor nor the obligee has requested that the review be conducted; (2) The obligee has not made an assignment under section 5107.20 of the Revised Code of the right to receive child support payments, neither the obligor nor the obligee has requested that the review be conducted. (F)
A PARENT ORDERED TO PAY SUPPORT, AS THE FATHER OF A CHILD,
UNDER A CHILD SUPPORT ORDER ISSUED UNDER THIS SECTION IS ENTITLED TO OBTAIN
RELIEF FROM THE ORDER PURSUANT TO SECTION 3113.2111 of the Revised Code.
Sec. 3113.31. (A) As used in this section: (1) "Domestic violence" means the occurrence of one or more of the following acts against a family or household member: (a) Attempting to cause or recklessly causing bodily injury; (b) Placing another person by the threat of force in fear of imminent serious physical harm or committing a violation of section 2903.211 or 2911.211 of the Revised Code; (c) Committing any act with respect to a child that would result in the child being an abused child, as defined in section 2151.031 of the Revised Code. (2) "Court" means the domestic relations division of the court of common pleas in counties that have a domestic relations division, and the court of common pleas in counties that do not have a domestic relations division. (3) "Family or household member" means any of the following: (a) Any of the following who is residing with or has resided with the respondent: (i) A spouse, a person living as a spouse, or a former spouse of the respondent; (ii) A parent or a child of the respondent, or another person related by consanguinity or affinity to the respondent; (iii) A parent or a child of a spouse, person living as a spouse, or former spouse of the respondent, or another person related by consanguinity or affinity to a spouse, person living as a spouse, or former spouse of the respondent. (b) The natural parent of any child of whom the respondent is the other natural parent or is the putative other natural parent. (4) "Person living as a spouse" means a person who is living or has lived with the respondent in a common law marital relationship, who otherwise is cohabiting with the respondent, or who otherwise has cohabited with the respondent within five years prior to the date of the alleged occurrence of the act in question. (5) "Victim advocate" means a person who provides support and assistance for a person who files a petition under this section. (B) The court has jurisdiction over all proceedings under this section. The petitioner's right to relief under this section is not affected by the petitioner's leaving the residence or household to avoid further domestic violence. (C) A person may seek relief under this section on the person's own behalf, or any parent or adult household member may seek relief under this section on behalf of any other family or household member, by filing a petition with the court. The petition shall contain or state: (1) An allegation that the respondent engaged in domestic violence against a family or household member of the respondent, including a description of the nature and extent of the domestic violence; (2) The relationship of the respondent to the petitioner, and to the victim if other than the petitioner; (3) A request for relief under this section. (D)(1) If a person who files a petition pursuant to this section requests an ex parte order, the court shall hold an ex parte hearing on the same day that the petition is filed. The court, for good cause shown at the ex parte hearing, may enter any temporary orders, with or without bond, including, but not limited to, an order described in division (E)(1)(a), (b), or (c) of this section, that the court finds necessary to protect the family or household member from domestic violence. Immediate and present danger of domestic violence to the family or household member constitutes good cause for purposes of this section. Immediate and present danger includes, but is not limited to, situations in which the respondent has threatened the family or household member with bodily harm or in which the respondent previously has been convicted of or pleaded guilty to an offense that constitutes domestic violence against the family or household member. (2)(a) If the court, after an ex parte hearing, issues an order described in division (E)(1)(b) or (c) of this section, the court shall schedule a full hearing for a date that is within seven court days after the ex parte hearing. If any other type of protection order that is authorized under division (E) of this section is issued by the court after an ex parte hearing, the court shall schedule a full hearing for a date that is within ten court days after the ex parte hearing. The court shall give the respondent notice of, and an opportunity to be heard at, the full hearing. The court shall hold the full hearing on the date scheduled under this division unless the court grants a continuance of the hearing in accordance with this division. Under any of the following circumstances or for any of the following reasons, the court may grant a continuance of the full hearing to a reasonable time determined by the court: (i) Prior to the date scheduled for the full hearing under this division, the respondent has not been served with the petition filed pursuant to this section and notice of the full hearing. (ii) The parties consent to the continuance. (iii) The continuance is needed to allow a party to obtain counsel. (iv) The continuance is needed for other good cause. (b) An ex parte order issued under this section does not expire because of a failure to serve notice of the full hearing upon the respondent before the date set for the full hearing under division (D)(2)(a) of this section or because the court grants a continuance under that division. (3) If a person who files a petition pursuant to this section does not request an ex parte order, or if a person requests an ex parte order but the court does not issue an ex parte order after an ex parte hearing, the court shall proceed as in a normal civil action and grant a full hearing on the matter. (E)(1) After an ex parte or full hearing, the court may grant any protection order, with or without bond, or approve any consent agreement to bring about a cessation of domestic violence against the family or household members. The order or agreement may: (a) Direct the respondent to refrain from abusing the family or household members; (b) Grant possession of the residence or household to the petitioner or other family or household member, to the exclusion of the respondent, by evicting the respondent, when the residence or household is owned or leased solely by the petitioner or other family or household member, or by ordering the respondent to vacate the premises, when the residence or household is jointly owned or leased by the respondent, and the petitioner or other family or household member; (c) When the respondent has a duty to support the petitioner or other family or household member living in the residence or household and the respondent is the sole owner or lessee of the residence or household, grant possession of the residence or household to the petitioner or other family or household member, to the exclusion of the respondent, by ordering the respondent to vacate the premises, or, in the case of a consent agreement, allow the respondent to provide suitable, alternative housing; (d) Temporarily allocate parental rights and responsibilities for the care of, or establish temporary visitation rights with regard to, minor children, if no other court has determined, or is determining, the allocation of parental rights and responsibilities for the minor children or visitation rights; (e) Require the respondent to maintain support, if the respondent customarily provides for or contributes to the support of the family or household member, or if the respondent has a duty to support the petitioner or family or household member; (f) Require the respondent, petitioner, victim of domestic violence, or any combination of those persons, to seek counseling; (g) Require the respondent to refrain from entering the residence, school, business, or place of employment of the petitioner or family or household member; (h) Grant other relief that the court considers equitable and fair, including, but not limited to, ordering the respondent to permit the use of a motor vehicle by the petitioner or other family or household member and the apportionment of household and family personal property. (2) If a protection order has been issued pursuant to this section in a prior action involving the respondent and the petitioner or one or more of the family or household members, the court may include in a protection order that it issues a prohibition against the respondent returning to the residence or household. If it includes a prohibition against the respondent returning to the residence or household in the order, it also shall include in the order provisions of the type described in division (E)(7) of this section. This division does not preclude the court from including in a protection order or consent agreement, in circumstances other than those described in this division, a requirement that the respondent be evicted from or vacate the residence or household or refrain from entering the residence, school, business, or place of employment of the petitioner or a family or household member, and, if the court includes any requirement of that type in an order or agreement, the court also shall include in the order provisions of the type described in division (E)(7) of this section. (3)(a) Any protection order issued or consent agreement approved under this section shall be valid until a date certain, but not later than five years from the date of its issuance or approval. (b) Subject to the limitation on the duration of an order or agreement set forth in division (E)(3)(a) of this section, any order under division (E)(1)(d) of this section shall terminate on the date that a court in an action for divorce, dissolution of marriage, or legal separation brought by the petitioner or respondent issues an order allocating parental rights and responsibilities for the care of children or on the date that a juvenile court in an action brought by the petitioner or respondent issues an order awarding legal custody of minor children. Subject to the limitation on the duration of an order or agreement set forth in division (E)(3)(a) of this section, any order under division (E)(1)(e) of this section shall terminate on the date that a court in an action for divorce, dissolution of marriage, or legal separation brought by the petitioner or respondent issues a support order or on the date that a juvenile court in an action brought by the petitioner or respondent issues a support order. (c) Any protection order issued or consent agreement approved pursuant to this section may be renewed in the same manner as the original order or agreement was issued or approved. (4) A court may not issue a protection order that requires a petitioner to do or to refrain from doing an act that the court may require a respondent to do or to refrain from doing under division (E)(1)(a), (b), (c), (d), (e), (g), or (h) of this section unless all of the following apply: (a) The respondent files a separate petition for a protection order in accordance with this section. (b) The petitioner is served notice of the respondent's petition at least forty-eight hours before the court holds a hearing with respect to the respondent's petition, or the petitioner waives the right to receive this notice. (c) If the petitioner has requested an ex parte order pursuant to division (D) of this section, the court does not delay any hearing required by that division beyond the time specified in that division in order to consolidate the hearing with a hearing on the petition filed by the respondent. (d) After a full hearing at which the respondent presents evidence in support of the request for a protection order and the petitioner is afforded an opportunity to defend against that evidence, the court determines that the petitioner has committed an act of domestic violence or has violated a temporary protection order issued pursuant to section 2919.26 of the Revised Code, that both the petitioner and the respondent acted primarily as aggressors, and that neither the petitioner nor the respondent acted primarily in self-defense. (5) No protection order issued or consent agreement approved under this section shall in any manner affect title to any real property. (6)(a) If a petitioner, or the child of a petitioner, who obtains a protection order or consent agreement pursuant to division (E)(1) of this section or a temporary protection order pursuant to section 2919.26 of the Revised Code and is the subject of a visitation or companionship order issued pursuant to section 3109.051, 3109.11, or 3109.12 of the Revised Code or division (E)(1)(d) of this section granting visitation or companionship rights to the respondent, the court may require the public children services agency of the county in which the court is located to provide supervision of the respondent's exercise of visitation or companionship rights with respect to the child for a period not to exceed nine months, if the court makes the following findings of fact: (i) The child is in danger from the respondent; (ii) No other person or agency is available to provide the supervision. (b) A court that requires an agency to provide supervision pursuant to division (E)(6)(a) of this section shall order the respondent to reimburse the agency for the cost of providing the supervision, if it determines that the respondent has sufficient income or resources to pay that cost. (7)(a) If a protection order issued or consent agreement approved under this section includes a requirement that the respondent be evicted from or vacate the residence or household or refrain from entering the residence, school, business, or place of employment of the petitioner or a family or household member, the order or agreement shall state clearly that the order or agreement cannot be waived or nullified by an invitation to the respondent from the petitioner or other family or household member to enter the residence, school, business, or place of employment or by the respondent's entry into one of those places otherwise upon the consent of the petitioner or other family or household member. (b) Division (E)(7)(a) of this section does not limit any discretion of a court to determine that a respondent charged with a violation of section 2919.27 of the Revised Code, with a violation of a municipal ordinance substantially equivalent to that section, or with contempt of court, which charge is based on an alleged violation of a protection order issued or consent agreement approved under this section, did not commit the violation or was not in contempt of court. (F)(1) A copy of any protection order, or consent agreement, that is issued or approved under this section shall be issued by the court to the petitioner, to the respondent, and to all law enforcement agencies that have jurisdiction to enforce the order or agreement. The court shall direct that a copy of an order be delivered to the respondent on the same day that the order is entered. (2) All law enforcement agencies shall establish and maintain an index for the protection orders and the approved consent agreements delivered to the agencies pursuant to division (F)(1) of this section. With respect to each order and consent agreement delivered, each agency shall note on the index the date and time that it received the order or consent agreement. (3) Regardless of whether the petitioner has registered the order or agreement in the county in which the officer's agency has jurisdiction pursuant to division (N) of this section, any officer of a law enforcement agency shall enforce a protection order issued or consent agreement approved by any court in this state in accordance with the provisions of the order or agreement, including removing the respondent from the premises, if appropriate. (G) Any proceeding under this section shall be conducted in accordance with the Rules of Civil Procedure, except that an order under this section may be obtained with or without bond. An order issued under this section, other than an ex parte order, that grants a protection order or approves a consent agreement, or that refuses to grant a protection order or approve a consent agreement, is a final, appealable order. The remedies and procedures provided in this section are in addition to, and not in lieu of, any other available civil or criminal remedies. (H) The filing of proceedings under this section does not excuse a person from filing any report or giving any notice required by section 2151.421 of the Revised Code or by any other law. When a petition under this section alleges domestic violence against minor children, the court shall report the fact, or cause reports to be made, to a county, township, or municipal peace officer under section 2151.421 of the Revised Code. (I) Any law enforcement agency that investigates a domestic dispute shall provide information to the family or household members involved regarding the relief available under this section and section 2919.26 of the Revised Code. (J) Notwithstanding any provision of law to the contrary, no court shall charge a fee for the filing of a petition pursuant to this section. (K)(1) Each order for support made or modified under this section shall include as part of the order a general provision, as described in division (A)(1) of section 3113.21 of the Revised Code, requiring the withholding or deduction of income or assets of the obligor under the order as described in division (D) of section 3113.21 of the Revised Code or another type of appropriate requirement as described in division (D)(3), (D)(4), or (H) of that 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 collection of the support and of any arrearages that occur; a statement requiring all parties to the order to notify the child support enforcement agency in writing of their current mailing address, current residence address, current residence telephone number, current driver's license number, and any changes to that information; and a notice that the requirement to notify the agency of all changes to that information continues until further notice from the court. The court shall comply with sections 3113.21 to 3113.219 of the Revised Code when it makes or modifies an order for child support under this section. If any person required to pay child support under an order made under this section on or after April 15, 1985, or modified under this section on or after December 31, 1986, is found in contempt of court for failure to make support payments under the order, the court that makes the finding, in addition to any other penalty or remedy imposed, shall assess all court costs arising out of the contempt proceeding against the person and require the person to pay any reasonable attorney's fees of any adverse party, as determined by the court, that arose in relation to the act of contempt. (2) Notwithstanding section 3109.01 of the Revised Code, if a court issues a child support order under this section, the order shall remain in effect beyond the child's eighteenth birthday as long as the child continuously attends on a full-time basis any recognized and accredited high school or the order provides that the duty of support of the child continues beyond the child's eighteenth birthday. Except in cases in which the order provides that the duty of support continues for any period after the child reaches nineteen years of age, the order shall not remain in effect after the child reaches nineteen years of age. Any parent ordered to pay support under a child support order issued under this section shall continue to pay support under the order, including during seasonal vacation periods, until the order terminates. A PARENT ORDERED TO PAY SUPPORT, AS THE FATHER OF A CHILD, UNDER A CHILD SUPPORT ORDER ISSUED UNDER THIS SECTION IS ENTITLED TO OBTAIN RELIEF FROM THE ORDER PURSUANT TO SECTION 3113.2111 of the Revised Code. (L)(1) A person who violates a protection order issued or a consent agreement approved under this section is subject to the following sanctions: (a) Criminal prosecution for a violation of section 2919.27 of the Revised Code, if the violation of the protection order or consent agreement constitutes a violation of that section; (b) Punishment for contempt of court. (2) The punishment of a person for contempt of court for violation of a protection order issued or a consent agreement approved under this section does not bar criminal prosecution of the person for a violation of section 2919.27 of the Revised Code. However, a person punished for contempt of court is entitled to credit for the punishment imposed upon conviction of a violation of that section, and a person convicted of a violation of that section shall not subsequently be punished for contempt of court arising out of the same activity. (M) In all stages of a proceeding under this section, a petitioner may be accompanied by a victim advocate. (N)(1) A petitioner who obtains a protection order or consent agreement under this section or a temporary protection order under section 2919.26 of the Revised Code may provide notice of the issuance or approval of the order or agreement to the judicial and law enforcement officials in any county other than the county in which the order is issued or the agreement is approved by registering that order or agreement in the other county pursuant to division (N)(2) of this section and filing a copy of the registered order or registered agreement with a law enforcement agency in the other county in accordance with that division. A person who obtains a protection order issued by a court of another state may provide notice of the issuance of the order to the judicial and law enforcement officials in any county of this state by registering the order in that county pursuant to section 2919.272 of the Revised Code and filing a copy of the registered order with a law enforcement agency in that county. (2) A petitioner may register a temporary protection order, protection order, or consent agreement in a county other than the county in which the court that issued the order or approved the agreement is located in the following manner: (a) The petitioner shall obtain a certified copy of the order or agreement from the clerk of the court that issued the order or approved the agreement and present that certified copy to the clerk of the court of common pleas or the clerk of a municipal court or county court in the county in which the order or agreement is to be registered. (b) Upon accepting the certified copy of the order or agreement for registration, the clerk of the court of common pleas, municipal court, or county court shall place an endorsement of registration on the order or agreement and give the petitioner a copy of the order or agreement that bears that proof of registration. (3) The clerk of each court of common pleas, the clerk of each municipal court, and the clerk of each county court shall maintain a registry of certified copies of temporary protection orders, protection orders, or consent agreements that have been issued or approved by courts in other counties and that have been registered with the clerk. (4) If a petitioner who obtains a protection order or consent agreement under this section or a temporary protection order under section 2919.26 of the Revised Code wishes to register the order or agreement in any county other than the county in which the order was issued or the agreement was approved, pursuant to divisions (N)(1) to (3) of this section, and if the petitioner is indigent, both of the following apply: (a) If the petitioner submits to the clerk of the court that issued the order or approved the agreement satisfactory proof that the petitioner is indigent, the clerk may waive any fee that otherwise would be required for providing the petitioner with a certified copy of the order or agreement to be used for purposes of divisions (N)(1) to (3) of this section; (b) If the petitioner submits to the clerk of the court of common pleas or
the clerk of a municipal court or county court in the county in which the
order or agreement
is to be registered satisfactory proof that the petitioner is indigent, the
clerk may waive any fee that otherwise would be required for accepting for
registration a certified copy of the order or agreement, for placing an
endorsement of registration on the order or agreement, or for giving the
petitioner a copy of the order or agreement that bears the proof of
registration.
Sec. 3115.31. (A) If a support order entitled to recognition under sections 3115.01 to 3115.59 of the Revised Code has not been issued, a responding tribunal of this state may issue a support order if either of the following apply: (1) The individual seeking the order resides in another state; (2) The support enforcement agency seeking the order is located in another state. (B) The tribunal may issue a temporary child support order if any of the following apply: (1) The defendant has signed a verified statement acknowledging that the defendant is the parent of the child; (2) The defendant has been determined by or pursuant to law to be the parent; (3) There is other clear and convincing evidence that the defendant is the child's parent. (C)(1) If the responding tribunal finds, after giving notice and an opportunity to be heard to the obligor, that the obligor owes a duty of support, it shall issue a support order directed to the obligor and may issue any other order under section 3115.16 of the Revised Code. Support orders made pursuant to sections 3115.01 to 3115.59 of the Revised Code shall require that payments be made to the division of child support in the department of human services. (2) The responding tribunal shall transmit to the initiating tribunal a copy of all orders of support or for reimbursement of support. (3) Each order for support made or modified under section 3115.16 of the Revised Code, this section, and under former section 3115.22 of the Revised Code on or after December 31, 1993, shall include as part of the order a general provision, as described in division (A)(1) of section 3113.21 of the Revised Code, requiring the withholding or deduction of income or assets of the obligor under the order as described in division (D) of section 3113.21 of the Revised Code or another type of appropriate requirement as described in division (D)(3), (D)(4), or (H) of that 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 collection of the support and of any arrearages that occur; a statement requiring all parties to the order to notify the support enforcement agency in writing of their current mailing address, current residence address, current residence telephone number, current driver's license number, and any changes to that information; and a notice that the requirement to notify the agency of all changes to that information continues until further notice from the tribunal. Any tribunal that makes or modifies an order for support under this section or former section 3115.22 of the Revised Code on or after April 12, 1990, shall comply with sections 3113.21 to 3113.219 of the Revised Code. If any person required to pay child support under an order made under this section or former section 3115.22 of the Revised Code on or after April 15, 1985, or any person required to pay support under an order made or modified under this section or former section 3115.22 of the Revised Code on or after December 31, 1986, is found in contempt of court for failure to make support payments under the order, the tribunal that makes the finding, in addition to any other penalty or remedy imposed, shall assess all court costs arising out of the contempt proceeding against the person and require the person to pay any reasonable attorney's fees of any adverse party, as determined by the tribunal, that arose in relation to the act of contempt. (D) A PARENT ORDERED TO PAY SUPPORT, AS THE FATHER OF A CHILD, UNDER A CHILD SUPPORT ORDER ISSUED UNDER THIS SECTION IS ENTITLED TO OBTAIN RELIEF FROM THE ORDER PURSUANT TO SECTION 3113.2111 of the Revised Code. Section 2. That existing sections 2151.23, 3105.21, 3109.05, 3109.19, 3111.13, 3111.20, 3111.22, 3111.27, 3113.04, 3113.07, 3113.216, 3113.31, and 3115.31 of the Revised Code are hereby repealed. |
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