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As Introduced
123rd General Assembly
Regular Session
1999-2000 | H. B. No. 495 |
REPRESENTATIVE TERWILLEGER
A BILL
To amend sections 101.53, 153.571, 317.113, 317.24, 981.02, 1311.56,
2715.041, 2737.05, 2935.17, 2935.18, 2935.19, 2941.06, 3113.215,
3501.31, 3509.04, 3513.07, 3513.261, 3769.04, 4561.25, 4703.10,
5309.15, 5721.15, 5721.181, 5721.191, 5901.29, 5907.08, 5919.10,
5920.08, 5921.05, 6101.84, and 6115.79 of the Revised Code
to require the
Legislative Service Commission to direct by rule how insertion of new
matter and omission of old matter is to be indicated in bills,
to
eliminate references to "19__" dates found in various statutory forms
to permit their accurate use in the year 2000 and the future, and to declare
an emergency.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 101.53, 153.571, 317.113, 317.24, 981.02,
1311.56, 2715.041, 2737.05, 2935.17, 2935.18, 2935.19, 2941.06,
3113.215, 3501.31, 3509.04, 3513.07, 3513.261, 3769.04, 4561.25,
4703.10, 5309.15, 5721.15, 5721.181, 5721.191, 5901.29, 5907.08,
5919.10, 5920.08, 5921.05, 6101.84, and 6115.79 of the Revised Code be
amended to read as follows:
Sec. 101.53. Bills shall be printed in the exact language in which
they were passed, under the supervision of the clerk of the house
in which they originated. New THE LEGISLATIVE SERVICE COMMISSION,
BY RULE ADOPTED UNDER SECTION 111.15 of the Revised Code, SHALL DIRECT HOW NEW matter
shall be indicated by capitalization
and old matter omitted by striking through such matter. Prior
capitalization in a Revised Code section shall be indicated by italicized
type.
Sec. 153.571. The bond provided for in division (B) of
section 153.54 of the Revised Code shall be in substantially the
following form, and recovery of any claimant thereunder
shall be
subject to sections 153.01 to 153.60 of the Revised Code, to the
same extent as if the provisions of such sections were
fully
incorporated in the bond form:
"KNOW ALL PERSONS BY THESE PRESENTS,
that we, the undersigned
................. as principal and ............. as sureties, are
hereby held and firmly bound unto .............. as obligee in
the penal sum of the dollar amount of the bid submitted by the
principal to the obligee on .............. to undertake the
project known as ................ The penal sum referred to
herein shall be the dollar amount of the principal's bid to the
obligee, incorporating any additive or deductive alternate
bids made by the principal on the date referred to
above to
the obligee, which are accepted by the obligee. In no case shall
the penal sum exceed the amount of ............ dollars. (If the
foregoing blank is not filled in, the penal sum will be the full
amount of the principal's bid, including alternates.
Alternatively, if the blank is filled in, the amount stated must
not be less than the full amount of the bid including alternates,
in dollars and cents. A percentage is not acceptable.) For the
payment of the penal sum well and truly to be made, we hereby
jointly and severally bind ourselves, our heirs, executors,
administrators, successors, and assigns.
Signed this ............... day of ............., 19 ....
THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, that whereas the
above named principal has submitted a bid for ..................
Now, therefore, if the obligee accepts the bid of the
principal and the principal fails to enter into a proper contract
in accordance with the bid, plans, details, specifications, and
bills of material; and in the event the principal pays to the
obligee the difference not to exceed ten per cent of the penalty
hereof between the amount specified in the bid and such larger
amount for which the obligee may in good faith contract with the
next lowest bidder to perform the work covered by the bid; or in
the event the obligee does not award the contract to the next
lowest bidder and resubmits the project for bidding, the
principal pays to the obligee the difference not to exceed ten
per cent of the penalty hereof between the amount specified in
the bid, or the costs, in connection with the resubmission, of
printing new contract documents, required advertising, and
printing and mailing notices to prospective bidders, whichever is
less, then this obligation shall be null and void, otherwise to
remain in full force and effect; if the obligee accepts the bid
of the principal and the principal within ten days after the
awarding of the contract enters into a proper contract in
accordance with the bid, plans, details, specifications, and
bills of material, which said contract is made a part of this
bond the same as though set forth herein;
Now also, if the said ................ shall well and
faithfully do and perform the things agreed by .............. to
be done and performed according to the terms of said contract;
and shall pay all lawful claims of subcontractors,
materials suppliers,
and laborers, for labor performed and materials furnished in the
carrying forward, performing, or completing of said contract; we
agreeing and assenting that this undertaking shall be for the
benefit of any materials supplier or laborer having
a just claim, as
well as for the obligee herein; then this obligation shall be
void; otherwise the same shall remain in full force and effect;
it being expressly understood and agreed that the liability of
the surety for any and all claims hereunder shall in no event
exceed the penal amount of this obligation as herein stated.
The said surety hereby stipulates and agrees that no
modifications, omissions, or additions, in or to the terms of the
said contract or in or to the plans or specifications therefor
shall in any wise affect the obligations of said surety on its
bond."
Sec. 317.113. The county recorder shall not accept for
recording a deed or other instrument in writing that is
executed or certified in whole or in part in a language other
than the English language
unless it complies with the requirements of sections 317.11,
317.111, and 317.112 of the Revised Code and is accompanied
by a complete English
translation certified as provided in this section. The translator of the
deed or OTHER instrument in writing shall certify that the translation
is accurate and that the translator is competent to perform the
translation. The translator shall sign and acknowledge the
translation of the deed or OTHER instrument in writing in the presence
of two witnesses, who shall attest the translator's signature
and subscribe their names to the attestation. The translator
shall sign and acknowledge the translation before a judge of a
court of record in this state, a clerk of a court of record in
this state, a county auditor, a county engineer, or a notary
public.
A certificate of the translator that is substantially in the following form
satisfies the requirements of this section:
"CERTIFICATE OF TRANSLATOR
The undersigned, .........................., hereby certifies that the
document attached to this certificate and made a part of this certificate has
been translated into english ENGLISH by the
undersigned; that the translation
is accurate; and that the undersigned is competent to perform the translation.
Signed and Acknowledged in the Presence
of: | |
| |
| |
|
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| (Signature of Translator) |
| SSN:
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State of
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County of
| |
The foregoing certificate of translator has been acknowledged before me
this ..... day of .........., 19......
|
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| (Signature of Judge or Officer
Taking the Acknowledgment)" |
This section does not apply to a deed or other instrument
in writing executed or certified prior to the effective date of
this section AUGUST 20, 1996.
Sec. 317.24. (A) Upon request of any discharged member of
the armed forces of the United States and presentation of his THE
MEMBER'S discharge, the county recorder shall record the discharge in a
book to be furnished by the board of county commissioners for
that purpose. There shall be no fee for the recording. The
record of discharge, or a certified copy of the record, shall be
received in evidence in all cases where the original discharge
would be received.
(B) Upon application by a person whose discharge has been
recorded pursuant to this section, the county recorder shall,
without fee, expunge the person's record of discharge or the
person's separation program number from his THE PERSON'S record
of discharge. The application shall be in the following form:
"APPLICATION FOR EXPUNGEMENT OF DISCHARGE RECORD
I, ................ (Name of Applicant), the undersigned,
hereby request the County Recorder of the County of ............
(Name of County), state of Ohio, to expunge my .......... (Insert
either Record of Discharge or Separation Program Number from my
Record of Discharge).
Dated this .......... day of .........., 19.....
..............................
(Signature of Applicant)
Sworn to and subscribed before me by ............ (Name of
Applicant) on .........., 19.....
....................................
Notary Public
My commission expires ......, 19..."
(C) "Separation program number" means the coded number or
numbers used to specify the reasons for a person's separation
from active duty, as contained in line 9 (c) or line 11 (c) of a
veteran's discharge paper, United States department of defense
form DD-214.
(D) Upon the request of any person who served during World
War I or World War II as a member of any armed force of the
government of Poland or Czechoslovakia and participated while so
serving in armed conflict with an enemy of the United States and
who has been a citizen of the United States for at least ten
years, and the presentation of his THE PERSON'S discharge, the
county recorder shall record his THE PERSON'S discharge in a
book to be furnished by the board of county commissioners for that purpose.
No fee shall be charged for the recording. The record, or a certified copy of
it, shall be received in evidence in all cases where the original
would be received.
Sec. 981.02. A timber dealer desiring to adopt a
trade-mark under section 981.01 of the Revised Code, may do so by
executing in writing in form and effect as follows:
"Trade-mark.
Notice is hereby given that I (we) have adopted the
following trade-mark, to be used in my (our) business as a timber
dealer, to-wit: -- (Here insert the letters, words or figures,
etc., constituting the trade-mark, or if it is any device other
than letters, words, or figures, insert a facsimile thereof OF THE
DEVICE),
dated this .......... day of .........., 19 ......"
Such writing shall be acknowledged or proved for record in
a like manner as deeds are acknowledged or proved, and shall be
recorded in the office of the clerk of the court of common pleas
of the county in which the principal office or place of business
of such timber dealer is, and also in the office of the secretary
of state. A copy thereof OF THE WRITING shall be published at
least once a week
for four consecutive weeks in a newspaper published in such
county.
A trade-mark so adopted, from the date thereof OF ITS ADOPTION,
shall be
the exclusive property of the person, firm, or corporation
adopting it.
Sec. 1311.56. (A) The agricultural producer or handler
may perfect his THE PRODUCER'S OR HANDLER'S lien by recording,
in the office of the county
recorder in the county where the agricultural product was
delivered to the agricultural product handler, an affidavit that
includes the date of delivery, or first delivery if there was a
series of deliveries under the contract, the name of the
agricultural product handler to whom the agricultural product was
delivered, and the amount owed the lien claimant by the handler.
If there was no agreed price at the time of delivery or first
delivery, the lien claimant shall include in the affidavit the
pricing method which the lien claimant and handler agreed to
utilize in their contract to determine the amount owed the lien
claimant. In such cases, and for informational purposes only,
the lien claimant shall include in the affidavit an estimate of
the amount owed him THE LIEN CLAIMANT by the handler, based upon
current market
conditions. The estimate is not binding upon the lien claimant.
(B) The affidavit may be verified before any person
authorized to administer oaths, including an attorney for the
agricultural product handler, lien claimant, or an interested
other party.
(C) The affidavit may be in the following form:
"AFFIDAVIT FOR AGRICULTURAL PRODUCT LIEN
State of Ohio,
County of ........,ss:
A.B. ...... of ....., whose address is .... being first duly
sworn, says that he SUCH CLAIMANT delivered certain agricultural
products under
a contract with C.D., ........., an agricultural product handler,
whose address is ............. The agricultural product was
first delivered on the ........ day of ........., 19... and there
is justly and truly due claimant therefor from the said C.D.,
over and above all legal setoffs, the sum of ....... dollars, (or
estimated sum of ....... dollars based upon current market
conditions,) for which amount claimant claims a lien on the
agricultural product and the proceeds of the sale of the
agricultural product.
.........................
A.B.
Sworn to before me and subscribed in my presence this .......... day of
........., 19.....
.........................
........................."
(D) The lien claimant shall remit to the county recorder
the standard fee at the time the affidavit is recorded as
determined under section 317.32 of the Revised Code.
Sec. 2715.041. (A) Upon the filing of a motion for an
order of attachment pursuant to section 2715.03 of the Revised
Code, the plaintiff shall file with the clerk of the court a
praecipe instructing the clerk to issue to the defendant against
whom the motion was filed a notice of the proceeding. Upon
receipt of the praecipe, the clerk shall issue the notice which
shall be in substantially the following form:
| "(Name and Address of Court) |
| Case No................... |
(Case Caption)
NOTICE
You are hereby notified that (name and address of
plaintiff), the plaintiff in this proceeding, has applied to this
court for the attachment of property in your possession. The
basis for this application is indicated in the documents that are
enclosed with this notice.
The law of Ohio and the United States provides that certain
benefit payments cannot be taken from you to pay a debt. Typical
among the benefits that cannot be attached or executed on by a
creditor are:
(1) Workers' compensation benefits;
(2) Unemployment compensation payments;
(3) Cash assistance payments
under the Ohio works
first program;
(4) Disability assistance administered by the Ohio
department of human services;
(5) Social security benefits;
(6) Supplemental security income (S.S.I.);
(7) Veteran's benefits;
(8) Black lung benefits;
(9) Certain pensions.
Additionally, your wages never can be taken to pay a debt
until a judgment has been obtained against you. There may be
other benefits not included in this list that apply in your case.
If you dispute the plaintiff's claim and believe that you
are entitled to retain possession of the property because it is
exempt or for any other reason, you may request a hearing before
this court by disputing the claim in the request for hearing form
appearing below, or in a substantially similar form, and
delivering the request for the hearing to this court, at the
office of the clerk of this court, not later than the end of the
fifth business day after you receive this notice. You may state
your reasons for disputing the claim in the space provided on the
form, but you are not required to do so. If you do state your
reasons for disputing the claim in the space provided on the
form, you are not prohibited from stating any other reasons at
the hearing, and if you do not state your reasons, it will not be
held against you by the court and you can state your reasons at
the hearing.
If you request a hearing, it will be conducted in
................... courtroom ........, (address of court), at
.............m. on ............., 19.....
You may avoid having a hearing but retain possession of the
property until the entry of final judgment in the action by
filing with the court, at the office of the clerk of this court,
not later than the end of the fifth business day after you
receive this notice, a bond executed by an acceptable surety in
the amount of $............
If you do not request a hearing or file a bond on or before
the end of the fifth business day after you receive this notice,
the court, without further notice to you, may order a law
enforcement officer or bailiff to take possession of the
property. Notice of the dates, times, places, and purposes of
any subsequent hearings and of the date, time, and place of the
trial of the action will be sent to you.
(B) Along with the notice required by division (A) of this
section, the clerk of the court also shall deliver to the
defendant, in accordance with division (C) of this section, a
request for hearing form together with a postage-paid,
self-addressed envelope or a request for hearing form on a
postage-paid, self-addressed postcard. The request for hearing
shall be in substantially the following form:
"(Name and Address of Court)
Case Number .......................
Date ...............
REQUEST FOR HEARING
I dispute the claim for the attachment of property in the
above case and request that a hearing in this matter be held at
the time and place set forth in the notice that I previously
received.
I dispute the claim for the following reasons:
(Optional)
|
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(Name of Defendant)
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(Signature)
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(Date)
|
WARNING: IF YOU DO NOT DELIVER THIS REQUEST FOR HEARING OR
A REQUEST IN A SUBSTANTIALLY SIMILAR FORM TO THE OFFICE OF THE
CLERK OF THIS COURT WITHIN FIVE (5) BUSINESS DAYS OF YOUR RECEIPT
OF IT, YOU WAIVE YOUR RIGHT TO A HEARING AT THIS TIME AND YOU MAY
BE REQUIRED TO GIVE UP THE PROPERTY SOUGHT WITHOUT A HEARING."
(C) The notice required by division (A) of this section
shall be served on the defendant in duplicate not less than seven
business days prior to the date on which the hearing is
scheduled, together with a copy of the complaint and summons, if
not previously served, and a copy of the motion for the
attachment of property and the affidavit attached to the motion,
in the same manner as provided in the Rules of Civil Procedure
for the service of process. Service may be effected by
publication as provided in the Rules of Civil Procedure except
that the number of weeks for publication may be reduced by the
court to the extent appropriate.
Sec. 2737.05. (A) Upon the filing of a motion for an
order of possession pursuant to section 2737.03 of the Revised
Code, the movant shall file with the clerk of the court a
praecipe instructing the clerk to issue to the respondent a
notice of the proceeding. Upon receipt of the praecipe, the
clerk shall issue the notice which shall be in substantially the
following form:
"(Name and Address of Court)
Case No...................
(CASE CAPTION)
(Case Caption)
NOTICE
You are hereby notified that (name and address of movant),
the movant in this proceeding, has applied to this court for the
recovery of possession of (describe property) claimed to be in
your possession. The basis for this application is indicated in
the documents that are enclosed with this notice.
If you dispute the movant's claim for possession of
property and believe that you are entitled to retain possession
of the property because it is exempt or for any other reason, you
may request a hearing before this court by disputing the claim in
the request for hearing form appearing below, or in a
substantially similar form and delivering the request for the
hearing to this court, at the office of the clerk of this court,
not later than the end of the fifth business day after you
receive this notice. You may state your reasons for disputing
the claim in the space provided on the form; however, you are not
required to do so. If you do state your reasons for disputing
the claim, you are not prohibited from stating any other reasons
at the hearing, and if you do not state your reasons, it will not
be held against you by the court and you can state your reasons
at the hearing.
If you request a hearing, it will be conducted in
................... courtroom ........, (address of court), at
.............m. on, ............., 19.....
You may avoid having a hearing but retain possession of the
property until the entry of final judgment in the action by
filing with the court, at the office of the clerk of this court,
not later than the end of the fifth business day after you
receive this notice, a bond executed by an acceptable surety in
the amount of $............
If you do not request a hearing or file a bond on or before
the end of the fifth business day after you receive this notice,
the court, without further notice to you, may order a law
enforcement officer or bailiff to take possession of the
property. Notice of the dates, times, places, and purposes of
any subsequent hearings and of the date, time, and place of the
trial of the action will be sent to you.
.............................
Clerk of the Court
Date:......................"
(B) Along with the notice required by division (A) of this
section, the clerk of the court also shall deliver to the
respondent, in accordance with division (C) of this section, a
request for hearing form together with a postage-paid,
self-addressed envelope or a request for hearing form on a
postage-paid, self-addressed postcard. The request for hearing
shall be in substantially the following form:
"(Name and Address of Court)
Case Number ........................
Date ............
REQUEST FOR HEARING
I dispute the claim for the possession of property in the
above case and request that a hearing in this matter be held at
the time and place set forth in the notice that I previously
received.
I dispute the claim for the following reasons:
.................................................................
(Optional)
.................................................................
.................................................................
.............................
(Name of Respondent)
.............................
(Signature)
.............................
(Date)
WARNING: IF YOU DO NOT DELIVER THIS REQUEST FOR HEARING OR
A REQUEST IN A SUBSTANTIALLY SIMILAR FORM TO THE OFFICE OF THE
CLERK OF THIS COURT WITHIN FIVE (5) BUSINESS DAYS OF YOUR RECEIPT
OF IT, YOU WAIVE YOUR RIGHT TO A HEARING AT THIS TIME AND YOU MAY
BE REQUIRED TO GIVE UP THE PROPERTY SOUGHT WITHOUT A HEARING."
(C) The notice required by division (A) of this section
shall be served on the respondent in duplicate not less than
seven business days prior to the date on which the hearing is
scheduled, together with a copy of the complaint and summons, if
not previously served, and a copy of the motion for the delivery
of property and the affidavit attached to the motion, in the same
manner as provided in the Rules of Civil Procedure for the
service of process. Service may be effected by publication as
provided in the Rules of Civil Procedure except that the number
of weeks for publication may be reduced by the court to the
extent appropriate.
Sec. 2935.17. (A) An affidavit in either of the following
forms is sufficient:
(1) "State of Ohio,
........................... County, ss:
Before me, A.B., personally came C.D., who being duly sworn according to
law deposes and says that on or about the day of ..........., 19.....,
at the
county of .......... one E.F. (here describe the offense as nearly according
to the nature thereof as the case will admit, in ordinary concise
language)
C.D.
Sworn to and subscribed before me this ........ day of ..........,
19....
A.B., County Judge
Clerk of ............. Court"
(2) "State of Ohio,
........................... County, ss:
Before me, A.B., personally came C.D., who being duly sworn according to
law says that on or about the ...... day of ........., 19...., one E.F.
did:
(here listing several common offenses, plainly but tersely described as: fail
to stop at stop sign, pass at crest of grade, etc., with a ruled box before
each, and then showing an X or distinctive mark in front of the offense
claimed to be committed).
C.D.
Sworn to before me and subscribed in my presence this ........ day of
........, 19....,
A.B., County Judge
Clerk of ................... Court"
(B) A complaint in the following form is sufficient:
"State of Ohio,
........................... County, ss:
The undersigned (assistant) prosecuting attorney of .......... County
complains that on or about the ..... day of .............,
19...., one E.F. did (here describing the offense committed as
above) based on affidavit of .................. filed with me.
...........................
Prosecuting Attorney/City director DIRECTOR of
law LAW"
Provided, that the supreme court of Ohio, may, by rule,
provide for the uniform type and language to be used in any
affidavit or complaint to be filed in any court inferior to the
court of common pleas for violations of the motor vehicle and
traffic acts and related ordinances and in any notice to violator
to appear in such courts, and may require that such forms and no
other, shall be received in such courts, and issued to violators.
Sec. 2935.18. A warrant, summons, or notice of a peace officer shall either
contain a copy of the affidavit, or recite the substance of the
accusation. A
warrant shall be directed to a specific officer or to a department designated
by its chief, and shall command such officer or member of department to
take
the accused and bring him THE ACCUSED forthwith before the
magistrate or court issuing such warrant, to be dealt with according to
law.
A summons shall be directed to the officer or department, and shall
command
him THE OFFICER OR DEPARTMENT to notify the accused by serving a
copy of such summons upon him THE ACCUSED. The following form
of warrant is sufficient:
"The State of Ohio,
......................... County, ss:
To the Sheriff (other Officer):
Greetings:
Whereas there has been filed with me an affidavit of which the following is a
copy (here copy) or the substance, (here set forth the substance, omitting
formal parts). These are therefore to command you to take the said E.F., if
he E.F. is found in your county, or if he E.F.
is not found in your county, that you pursue after him E.F. in
any other county in this state and take and safely keep the said E.F. so that
you have his body E.F. forthwith before me or some other
magistrate of said county to answer the said complaint and be further dealt
with according to law.
Given under my hand this ...... day of ........, 19 .....
| A.B., Judge of
Court |
| Clerk of
Court" |
The following form of summons is sufficient:
"The State of Ohio, .................... County, ss:
To the Bailiff or .................... Constable:
Whereas there has been filed before me an Affidavit (Complaint) of which the
following is a copy (here copy) or the substance (here set forth the
substance, omitting formal parts). You are commanded to summon one said E.F.
to appear before me on the ........ day of .........., 19 ....., at
........
o'clock, ..... M., at .......... Building, ...................., Ohio, to
answer to said charge.
You will make due return of this summons forthwith upon service.
| A.B., Judge of
Court |
| Clerk of
Court" |
Sec. 2935.19. An affidavit in the form following is sufficient: The
"THE State of
Ohio,
.................... County, ss:
Before me, A.B., personally came C.D., who being duly sworn according to law,
deposes and says that on or about the ................ day of
..................., .... at the county of ....................,
one E.F. (here
describe the offense committed as nearly according to the nature thereof as
the case will admit, in ordinary and concise language.)
Sworn to and subscribed before me, this ......... day of
........................, 19 .....
A.B., Judge"
Sec. 2941.06. An indictment may be substantially in the
following form:
"The State of Ohio,)
ss.
........... County)
In the Year of our Lord one thousand nine hundred and .......
The jurors of the Grand Jury of the State of Ohio, within
and for the body of the County aforesaid, on their oaths, in the
name and by the authority of the State of Ohio, do find and
present that A.B., on the ....... day of ...........
19,.........,
at the county of ........... aforesaid, did ........... (here
insert the name of the offense if it has one, such as murder,
arson, or the like, or if a misdemeanor having no general name,
insert a brief description of it as given by law) contrary to the
form of the statute in such case made and provided, and against
the peace and dignity of the State of Ohio.
........C.D.........
(Indorsed) A true bill.
Prosecuting Attorney
E.F., Foreman FOREPERSON of the Grand Jury."
Sec. 3113.215. (A) As used in this section:
(1) "Income" means either of the following:
(a) For a parent who is employed to full capacity, the
gross income of the parent;
(b) For a parent who is unemployed or underemployed, the
sum of the gross income of the parent, and any potential income
of the parent.
(2) "Gross income" means, except as excluded in this
division, the total of all earned and unearned income from all
sources during a calendar year, whether or not the income is
taxable, and includes, but is not limited to, income from
salaries, wages, overtime pay and bonuses to the extent described
in division (B)(5)(d) of this section, commissions, royalties,
tips, rents, dividends, severance pay, pensions, interest, trust
income, annuities, social security benefits, workers'
compensation benefits, unemployment insurance benefits,
disability insurance benefits, benefits received by and in the possession of
the veteran who is the beneficiary for any service-connected disability under
a program or law administered by the United States department of veterans'
affairs or veterans' administration, spousal support actually received
from a person not a party to the support proceeding for which
actual gross income is being determined, and all other sources of
income; income of members of any branch of the United States
armed services or national guard, including, but not limited to,
amounts representing base pay, basic allowance for quarters,
basic allowance for subsistence, supplemental subsistence
allowance, cost of living adjustment, specialty pay, variable
housing allowance, and pay for training or other types of
required drills; self-generated income; and potential cash flow
from any source.
"Gross income" does not include any of the following:
(a) Benefits received from
means-tested public assistance programs, including, but not
limited to, Ohio
works first; prevention, retention, and contingency; supplemental
security income; food stamps; or disability
assistance;
(b) Benefits for any
service-connected disability under a program or law administered
by the United States department of veterans' affairs or veterans'
administration that have not been distributed to the veteran who is the
beneficiary of the benefits and that are in the possession of the United
States department of veterans' affairs or veterans' administration;
(c) Child support received for
children who were not born or adopted during the marriage at
issue;
(d) Amounts paid for mandatory deductions
from wages other than taxes, social security, or retirement in
lieu of social security, including, but not limited to, union
dues;
(e) Nonrecurring or unsustainable income
or cash flow items.
(3) "Self-generated income" means gross receipts received
by a parent from self-employment, proprietorship of a business,
joint ownership of a partnership or closely held corporation, and
rents minus ordinary and necessary expenses incurred by the
parent in generating the gross receipts. "Self-generated income"
includes expense reimbursements or in-kind payments received by a
parent from self-employment, the operation of a business, or
rents, including, but not limited to, company cars, free housing,
reimbursed meals, and other benefits, if the reimbursements are
significant and reduce personal living expenses.
(4)(a) "Ordinary and necessary expenses incurred in
generating gross receipts" means actual cash items expended by
the parent or the parent's business and includes
depreciation expenses of
replacement business equipment as shown on the books of a
business entity.
(b) Except as specifically included in "ordinary and
necessary expenses incurred in generating gross receipts" by
division (A)(4)(a) of this section, "ordinary and necessary
expenses incurred in generating gross receipts" does not include
depreciation expenses and other noncash items that are allowed as
deductions on any federal tax return of the parent or the
parent's business.
(5) "Potential income" means both of the following for a
parent that the court, or a child support enforcement agency
pursuant to sections 3111.20, 3111.211, and 3111.22 of
the
Revised Code, determines is voluntarily unemployed or voluntarily
underemployed:
(a) Imputed income that the court or agency determines the
parent would have earned if fully employed as determined from the
parent's employment potential and probable earnings based on the
parent's recent work history, the parent's occupational
qualifications, and the prevailing job opportunities and salary
levels in the community in which the parent resides;
(b) Imputed income from any nonincome-producing assets of
a parent, as determined from the local passbook savings rate or
another appropriate rate as determined by the court or agency,
not to exceed the rate of interest specified in division (A) of
section 1343.03 of the Revised Code, if the income is
significant.
(6) "Child support order" means an order for the payment
of child support.
(7) "Combined gross income" means the combined gross
income of both parents.
(8) "Split parental rights and responsibilities" means a
situation in which there is more than one child who is the
subject of an allocation of parental rights and responsibilities
and each parent is the residential parent and legal custodian of
at least one of those children.
(9) "Schedule" means the basic child support schedule set
forth in division (D) of this section.
(10) "Worksheet" means the applicable worksheet that is
used to calculate a parent's child support obligation and that is
set forth in divisions (E) and (F) of this section.
(11) "Nonrecurring or unsustainable income or cash flow
item" means any income or cash flow item that the parent receives
in any year or for any number of years not to exceed three years
and that the parent does not expect to continue to receive on a
regular basis. "Nonrecurring or unsustainable income or cash
flow item" does not include a lottery prize award that is not
paid in a lump sum or any other item of income or cash flow that
the parent receives or expects to receive for each year for a
period of more than three years or that the parent receives and
invests or otherwise utilizes to produce income or cash flow for
a period of more than three years.
(12) "Extraordinary medical expenses" means any uninsured
medical expenses that are incurred for a child during a calendar
year and that exceed one hundred dollars for that child during
that calendar year.
(B)(1) In any action in which a child support order is
issued or modified under Chapter 3115. or section 2151.23,
2151.231, 2151.232, 2151.33, 2151.36, 2151.49, 3105.18, 3105.21,
3109.05, 3109.19, 3111.13,
3113.04, 3113.07, 3113.216, or 3113.31 of the Revised Code, in any other
proceeding in which the court determines the amount of child
support that will be ordered to be paid pursuant to a child
support order, or when a child support enforcement agency
determines the amount of child support that will be paid pursuant
to an administrative child support order issued pursuant to
sections 3111.20, 3111.211, and 3111.22 of the Revised
Code,
the court or agency shall calculate the amount of the obligor's child support
obligation in accordance with the basic child support schedule in
division (D) of this section, the applicable worksheet in
division (E) or (F) of this section, and the other provisions of
this section, shall specify the support obligation as a monthly
amount due, and shall order the support obligation to be paid in
periodic increments as it determines to be in the best interest
of the children. In performing its duties under this section,
the court or agency is not required to accept any calculations in
a worksheet prepared by any party to the action or proceeding.
In any action or proceeding in which the court determines the
amount of child support that will be ordered to be paid pursuant
to a child support order or when a child support enforcement
agency determines the amount of child support that will be paid
pursuant to an administrative child support order issued pursuant
to sections 3111.20, 3111.211, and 3111.22 of the
Revised Code, the amount of child support that would be payable under a child
support
order, as calculated pursuant to the basic child support schedule
in division (D) of this section and pursuant to the applicable
worksheet in division (E) of this section, through line 24, or in
division (F) of this section, through line 23, is rebuttably
presumed to be the correct amount of child support due, and the
court or agency shall order that amount to be paid as child
support unless both of the following apply with respect to an
order issued by a court:
(a) The court, after considering the factors and criteria
set forth in division (B)(3) of this section, determines that the
amount calculated pursuant to the basic child support schedule
and pursuant to the applicable worksheet in division (E) of this
section, through line 24, or in division (F) of this section,
through line 23, would be unjust or inappropriate and would not
be in the best interest of the child.
(b) The court enters in the journal the amount of child
support calculated pursuant to the basic child support schedule
and pursuant to the applicable worksheet in division (E) of this
section, through line 24, or in division (F) of this section,
through line 23, its determination that that amount would be
unjust or inappropriate and would not be in the best interest of
the child, and findings of fact supporting that determination.
(2) In determining the amount of child support to be paid
under any child support order, the court, upon its own
recommendation or upon the recommendation of the child support
enforcement agency, shall or the child support enforcement
agency, pursuant to sections 3111.20, 3111.211, and
3111.22 of
the Revised Code, shall do all of the following:
(a) If the combined gross income of both parents is less
than six thousand six hundred dollars per year, the court or
agency shall determine the amount of the obligor's child support
obligation on a case-by-case basis using the schedule as a
guideline. The court or agency shall review the obligor's gross
income and living expenses to determine the maximum amount of
child support that it reasonably can order without denying the
obligor the means for self-support at a minimum subsistence level
and shall order a specific amount of child support, unless the
obligor proves to the court or agency that the obligor is totally
unable to pay child support and the court or agency determines that it
would be unjust or inappropriate to order the payment of child
support and enters its determination and supporting findings of
fact in the journal.
(b) If the combined gross income of both parents is
greater than one hundred fifty thousand dollars per year, the
court or agency shall determine the amount of the obligor's child
support obligation on a case-by-case basis and shall consider the
needs and the standard of living of the children who are the
subject of the child support order and of the parents. When the
court or agency determines the amount of the obligor's child
support obligation for parents with a combined gross income
greater than one hundred fifty thousand dollars, the court or
agency shall compute a basic combined child support obligation
that is no less than the same percentage of the parents' combined
annual income that would have been computed under the basic child
support schedule and under the applicable worksheet in division
(E) of this section, through line 24, or in division (F) of this
section, through line 23, for a combined gross income of one
hundred fifty thousand dollars, unless the court or agency
determines that it would be unjust or inappropriate and would not
be in the best interest of the child, obligor, or obligee to
order that amount and enters in the journal the figure,
determination, and findings.
(c) The court shall not order an amount of child support
that deviates from the amount of child support that would
otherwise result from the use of the basic child support schedule
and the applicable worksheet in division (E) of this section,
through line 24, or in division (F) of this section, through line
23, unless both of the following apply:
(i) The court, after considering the factors and criteria
set forth in division (B)(3) of this section, determines that the
amount calculated pursuant to the basic child support schedule
and pursuant to the applicable worksheet in division (E) of this
section, through line 24, or in division (F) of this section,
through line 23, would be unjust or inappropriate and would not
be in the best interest of the child;
(ii) The court enters in the journal the amount of child
support calculated pursuant to the basic child support schedule
and pursuant to the applicable worksheet in division (E) of this
section, through line 24, or in division (F) of this section,
through line 23, its determination that that amount would be
unjust or inappropriate and would not be in the best interest of
the child, and findings of fact supporting that determination.
(3) The court, in accordance with divisions (B)(1) and
(2)(c) of this section, may deviate from the amount of support
that otherwise would result from the use of the schedule and the
applicable worksheet in division (E) of this section, through
line 24, or in division (F) of this section, through line 23, in
cases in which the application of the schedule and the applicable
worksheet in division (E) of this section, through line 24, or in
division (F) of this section, through line 23, would be unjust or
inappropriate and would not be in the best interest of the child.
In determining whether that amount would be unjust or
inappropriate and would not be in the best interest of the child,
the court may consider any of the following factors and criteria:
(a) Special and unusual needs of the children;
(b) Extraordinary obligations for minor children or
obligations for handicapped children who are not stepchildren and
who are not offspring from the marriage or relationship that is
the basis of the immediate child support determination;
(c) Other court-ordered payments;
(d) Extended times of visitation or extraordinary costs
associated with visitation, provided that this division does not
authorize and shall not be construed as authorizing any deviation
from the schedule and the applicable worksheet in division (E) of
this section, through line 24, or in division (F) of this
section, through line 23, or any escrowing, impoundment, or
withholding of child support because of a denial of or
interference with a right of companionship or visitation granted
by court order;
(e) The obligor obtains additional employment after a
child support order is issued in order to support a second
family;
(f) The financial resources and the earning ability of the
child;
(g) Disparity in income between parties or households;
(h) Benefits that either parent receives from remarriage
or sharing living expenses with another person;
(i) The amount of federal, state, and local taxes actually
paid or estimated to be paid by a parent or both of the parents;
(j) Significant in-kind contributions from a parent,
including, but not limited to, direct payment for lessons, sports
equipment, schooling, or clothing;
(k) The relative financial resources, other assets and
resources, and needs of each parent;
(l) The standard of living and circumstances of each
parent and the standard of living the child would have enjoyed
had the marriage continued or had the parents been married;
(m) The physical and emotional condition and needs of the
child;
(n) The need and capacity of the child for an education
and the educational opportunities that would have been available
to the child had the circumstances requiring a court order for
support not arisen;
(o) The responsibility of each parent for the support of
others;
(p) Any other relevant factor.
The court may accept an agreement of the parents that
assigns a monetary value to any of the factors and criteria
listed in division (B)(3) of this section that are applicable to
their situation.
(4) If an obligor or obligee under a child support order
requests the court to modify the amount of support required to be
paid pursuant to the child support order, the court shall
recalculate the amount of support that would be required to be
paid under the support order in accordance with the schedule and
pursuant to the applicable worksheet in division (E) of this
section, through line 24, or in division (F) of this section,
through line 23, and if that amount as recalculated is more than
ten per cent greater than or more than ten per cent less than the
amount of child support that is required to be paid pursuant to
the existing child support order, the deviation from the
recalculated amount that would be required to be paid under the
schedule and the applicable worksheet in division (E) of this
section, through line 24, or in division (F) of this section,
through line 23, shall be considered by the court as a change of
circumstance that is substantial enough to require a modification
of the amount of the child support order. In determining
pursuant to this division the recalculated amount of support that
would be required to be paid under the support order for purposes
of determining whether that recalculated amount is more than ten
per cent greater than or more than ten per cent less than the
amount of child support that is required to be paid pursuant to
the existing child support order, the court shall consider, in
addition to all other factors required by law to be considered,
the cost of health insurance which the obligor, the obligee, or
both the obligor and the obligee have been ordered to obtain for
the children specified in the order. Additionally, if an obligor
or obligee under a child support order requests the court to
modify the amount of support required to be paid pursuant to the
child support order and if the court determines that the amount
of support does not adequately meet the medical needs of the
child, the inadequate coverage shall be considered by the court
as a change of circumstance that is substantial enough to require
a modification of the amount of the child support order. If the
court determines that the amount of child support required to be
paid under the child support order should be changed due to a
substantial change of circumstances that was not contemplated at
the time of the issuance of the original child support order or
the last modification of the child support order, the court shall
modify the amount of child support required to be paid under the
child support order to comply with the schedule and the
applicable worksheet in division (E) of this section, through
line 24, or in division (F) of this section, through line 23,
unless the court determines that the amount calculated pursuant
to the basic child support schedule and pursuant to the
applicable worksheet in division (E) of this section, through
line 24, or in division (F) of this section, through line 23,
would be unjust or inappropriate and would not be in the best
interest of the child and enters in the journal the figure,
determination, and findings specified in division (B)(2)(c) of
this section.
(5) When a court computes the amount of child support
required to be paid under a child support order or a child
support enforcement agency computes the amount of child support
to be paid pursuant to an administrative child support order
issued pursuant to section 3111.20, 3111.211, or
3111.22 of the
Revised Code, all of the following apply:
(a) The parents shall verify current and past income and
personal earnings with suitable documents, including, but not
limited to, paystubs, employer statements, receipts and expense
vouchers related to self-generated income, tax returns, and all
supporting documentation and schedules for the tax returns.
(b) The amount of any pre-existing child support
obligation of a parent under a child support order and the amount
of any court-ordered spousal support paid to a former spouse
shall be deducted from the gross income of that parent to the
extent that payment under the child support order or that payment
of the court-ordered spousal support is verified by supporting
documentation.
(c) If other minor children
who were born to the parent and a person other than the
other parent who
is involved in the immediate child support determination live with the
parent, the court or agency shall deduct an amount from that parent's
gross
income that equals the number of such minor children times the
federal income tax exemption for such children less child support
received for them for the year, not exceeding the federal income
tax exemption.
(d) When the court or agency calculates the gross income
of a parent, it shall include the lesser of the following as
income from overtime and bonuses:
(i) The yearly average of all overtime and bonuses
received during the three years immediately prior to the time
when the person's child support obligation is being computed;
(ii) The total overtime and bonuses received during the
year immediately prior to the time when the person's child
support obligation is being computed.
(e) When the court or agency calculates the gross income
of a parent, it shall not include any income earned by the spouse
of that parent.
(f) The court shall not order an amount of child
support for reasonable and ordinary uninsured medical or dental
expenses in addition to the amount of the child support
obligation determined in accordance with the schedule. The court
shall issue a separate order for extraordinary medical
or dental expenses, including, but not limited to, orthodontia,
psychological, appropriate private education, and other expenses,
and may consider the expenses in adjusting a child support order.
(g) When a court or agency calculates the amount of child
support to be paid pursuant to a child support order or an
administrative child support order, if the combined gross income
of both parents is an amount that is between two amounts set
forth in the first column of the schedule, the court or agency
may use the basic child support obligation that corresponds to
the higher of the two amounts in the first column of the
schedule, use the basic child support obligation that corresponds
to the lower of the two amounts in the first column of the
schedule, or calculate a basic child support obligation that is
between those two amounts and corresponds proportionally to the
parents' actual combined gross income.
(h) When the court or agency calculates gross income, the
court or agency, when appropriate, may average income over a
reasonable period of years.
(6)(a) If the court issues a shared parenting order in
accordance with section 3109.04 of the Revised Code, the court
shall order an amount of child support to be paid under the child
support order that is calculated in accordance with the schedule
and with the worksheet set forth in division (E) of this section,
through line 24, except that, if the application of the schedule
and the worksheet, through line 24, would be unjust or
inappropriate to the children or either parent and would not be
in the best interest of the child because of the extraordinary
circumstances of the parents or because of any other factors or
criteria set forth in division (B)(3) of this section, the court
may deviate from the amount of child support that would be
ordered in accordance with the schedule and worksheet, through
line 24, shall consider those extraordinary circumstances and
other factors or criteria if it deviates from that amount, and
shall enter in the journal the amount of child support calculated
pursuant to the basic child support schedule and pursuant to the
applicable worksheet, through line 24, its determination that
that amount would be unjust or inappropriate and would not be in
the best interest of the child, and findings of fact supporting
that determination.
(b) For the purposes of this division, "extraordinary
circumstances of the parents" includes, but is not limited to,
all of the following:
(i) The amount of time that the children spend with each
parent;
(ii) The ability of each parent to maintain adequate
housing for the children;
(iii) Each parent's expenses, including, but not limited
to, child care expenses, school tuition, medical expenses, and
dental expenses.
(7)(a) In any action in which a child support order is
issued or modified under Chapter 3115. or section 2151.23,
2151.231, 2151.232, 2151.33, 2151.36, 2151.49, 3105.18, 3105.21,
3109.05, 3109.19, 3111.13,
3113.04, or
3113.31 of the Revised Code or in any other proceeding in which
the court determines the amount of child support that will be
ordered to be paid pursuant to a child support order and except
as otherwise provided in this division, the court shall issue a
minimum support order requiring the obligor to pay a minimum
amount of fifty dollars a month for child support under the child
support order. The court, in its discretion and in appropriate
circumstances, may issue a minimum support order requiring the
obligor to pay an amount of child support that is less than fifty
dollars a month or not requiring the obligor to pay an amount for
support. The appropriate circumstances for which a court may
issue a minimum support order requiring an obligor to pay an
amount of child support that is less than fifty dollars a month
or not requiring the obligor to pay an amount for support
include, but are not limited to, the nonresidential parent's
medically verified or documented physical or mental disability or
institutionalization in a facility for persons with a mental
illness. If the court issues a minimum support order pursuant to
this division and the obligor under the support order is the
recipient of need-based public assistance, any unpaid amounts of
support due under the support order shall accrue as arrearages
from month to month, the obligor's current obligation to pay the
support due under the support order is suspended during any
period of time that the obligor is receiving need-based public
assistance and is complying with any seek work orders issued
pursuant to division (D)(4) of section 3113.21 of the
Revised
Code, and the court, obligee, and child support enforcement
agency shall not enforce the obligation of the obligor to pay the
amount of support due under the support order during any period
of time that the obligor is receiving need-based public
assistance and is complying with any seek work orders issued
pursuant to division (D)(4) of section 3113.21 of the
Revised
Code.
(b) Notwithstanding division (B)(7)(a) of this section, if
the amount of support payments that federal law requires or
permits to be disregarded in determining eligibility for aid
under Chapter 5107. of the Revised Code exceeds fifty dollars,
instead of fifty dollars the amount of a minimum support order
described in division (B)(7)(a) of this section shall be the
amount federal law requires or permits to be disregarded.
(C) Except when the parents have split parental rights and
responsibilities, a parent's child support obligation for a child
for whom the parent is the residential parent and legal custodian
shall be presumed to be spent on that child and shall not become
part of a child support order, and a parent's child support
obligation for a child for whom the parent is not the residential
parent and legal custodian shall become part of a child support
order. If the parents have split parental rights and
responsibilities, the child support obligations of the parents
shall be offset, and the court shall issue a child support order
requiring the parent with the larger child support obligation to
pay the net amount pursuant to the child support order. If
neither parent of a child who is the subject of a child support
order is the residential parent and legal custodian of the child
and the child resides with a third party who is the legal
custodian of the child, the court shall issue a child support
order requiring each parent to pay that parent's child
support obligation
pursuant to the child support order.
Whenever a court issues a child support order, it shall
include in the order specific provisions for regular, holiday,
vacation, and special visitation in accordance with section
3109.05, 3109.11, or 3109.12 of the Revised Code or in accordance
with any other applicable section of the Revised Code. The court
shall not authorize or permit the escrowing, impoundment, or
withholding of any child support payment because of a denial of
or interference with a right of visitation included as a specific
provision of the child support order or as a method of enforcing
the specific provisions of the child support order dealing with
visitation.
(D) The following basic child support schedule shall be
used by all courts and child support enforcement agencies when
calculating the amount of child support that will be paid
pursuant to a child support order or an administrative child
support order, unless the combined gross income of the parents is
less than sixty-six hundred dollars or more than one hundred
fifty thousand dollars:
Basic Child Support Schedule
Combined | |
Gross | Number of Children |
Income | One | Two | Three | Four | Five | Six |
6600 | 600 | 600 | 600 | 600 | 600 | 600 |
7200 | 600 | 600 | 600 | 600 | 600 | 600 |
7800 | 600 | 600 | 600 | 600 | 600 | 600 |
8400 | 600 | 600 | 600 | 600 | 600 | 600 |
9000 | 849 | 859 | 868 | 878 | 887 | 896 |
9600 | 1259 | 1273 | 1287 | 1301 | 1315 | 1329 |
10200 | 1669 | 1687 | 1706 | 1724 | 1743 | 1761 |
10800 | 2076 | 2099 | 2122 | 2145 | 2168 | 2192 |
11400 | 2331 | 2505 | 2533 | 2560 | 2588 | 2616 |
12000 | 2439 | 2911 | 2943 | 2975 | 3007 | 3039 |
12600 | 2546 | 3318 | 3354 | 3390 | 3427 | 3463 |
13200 | 2654 | 3724 | 3765 | 3806 | 3846 | 3887 |
13800 | 2761 | 4029 | 4175 | 4221 | 4266 | 4311 |
14400 | 2869 | 4186 | 4586 | 4636 | 4685 | 4735 |
15000 | 2976 | 4342 | 4996 | 5051 | 5105 | 5159 |
15600 | 3079 | 4491 | 5321 | 5466 | 5524 | 5583 |
16200 | 3179 | 4635 | 5490 | 5877 | 5940 | 6003 |
16800 | 3278 | 4780 | 5660 | 6254 | 6355 | 6423 |
17400 | 3378 | 4924 | 5830 | 6442 | 6771 | 6843 |
18000 | 3478 | 5069 | 5999 | 6629 | 7186 | 7262 |
18600 | 3578 | 5213 | 6169 | 6816 | 7389 | 7682 |
19200 | 3678 | 5358 | 6339 | 7004 | 7592 | 8102 |
19800 | 3778 | 5502 | 6508 | 7191 | 7796 | 8341 |
20400 | 3878 | 5647 | 6678 | 7378 | 7999 | 8558 |
21000 | 3977 | 5790 | 6847 | 7565 | 8201 | 8774 |
21600 | 4076 | 5933 | 7015 | 7750 | 8402 | 8989 |
22200 | 4176 | 6075 | 7182 | 7936 | 8602 | 9204 |
22800 | 4275 | 6216 | 7345 | 8116 | 8798 | 9413 |
23400 | 4373 | 6357 | 7509 | 8297 | 8994 | 9623 |
24000 | 4471 | 6498 | 7672 | 8478 | 9190 | 9832 |
24600 | 4570 | 6639 | 7836 | 8658 | 9386 | 10042 |
25200 | 4668 | 6780 | 8000 | 8839 | 9582 | 10251 |
25800 | 4767 | 6920 | 8163 | 9020 | 9778 | 10461 |
26400 | 4865 | 7061 | 8327 | 9200 | 9974 | 10670 |
27000 | 4963 | 7202 | 8490 | 9381 | 10170 | 10880 |
27600 | 5054 | 7332 | 8642 | 9548 | 10351 | 11074 |
28200 | 5135 | 7448 | 8776 | 9697 | 10512 | 11246 |
28800 | 5216 | 7564 | 8911 | 9845 | 10673 | 11418 |
29400 | 5297 | 7678 | 9045 | 9995 | 10833 | 11592 |
30000 | 5377 | 7792 | 9179 | 10143 | 10994 | 11764 |
30600 | 5456 | 7907 | 9313 | 10291 | 11154 | 11936 |
31200 | 5535 | 8022 | 9447 | 10439 | 11315 | 12107 |
31800 | 5615 | 8136 | 9581 | 10587 | 11476 | 12279 |
32400 | 5694 | 8251 | 9715 | 10736 | 11636 | 12451 |
33000 | 5774 | 8366 | 9849 | 10884 | 11797 | 12623 |
33600 | 5853 | 8480 | 9983 | 11032 | 11957 | 12794 |
34200 | 5933 | 8595 | 10117 | 11180 | 12118 | 12966 |
34800 | 6012 | 8709 | 10251 | 11328 | 12279 | 13138 |
35400 | 6091 | 8824 | 10385 | 11476 | 12439 | 13310 |
36000 | 6171 | 8939 | 10519 | 11624 | 12600 | 13482 |
36600 | 6250 | 9053 | 10653 | 11772 | 12761 | 13653 |
37200 | 6330 | 9168 | 10787 | 11920 | 12921 | 13825 |
37800 | 6406 | 9275 | 10913 | 12058 | 13071 | 13988 |
38400 | 6447 | 9335 | 10984 | 12137 | 13156 | 14079 |
39000 | 6489 | 9395 | 11055 | 12215 | 13242 | 14170 |
39600 | 6530 | 9455 | 11126 | 12294 | 13328 | 14261 |
40200 | 6571 | 9515 | 11197 | 12373 | 13413 | 14353 |
40800 | 6613 | 9575 | 11268 | 12451 | 13499 | 14444 |
41400 | 6653 | 9634 | 11338 | 12529 | 13583 | 14534 |
42000 | 6694 | 9693 | 11409 | 12607 | 13667 | 14624 |
42600 | 6735 | 9752 | 11479 | 12684 | 13752 | 14714 |
43200 | 6776 | 9811 | 11549 | 12762 | 13836 | 14804 |
43800 | 6817 | 9871 | 11619 | 12840 | 13921 | 14894 |
44400 | 6857 | 9930 | 11690 | 12917 | 14005 | 14985 |
45000 | 6898 | 9989 | 11760 | 12995 | 14090 | 15075 |
45600 | 6939 | 10049 | 11830 | 13073 | 14174 | 15165 |
46200 | 6978 | 10103 | 11897 | 13146 | 14251 | 15250 |
46800 | 7013 | 10150 | 11949 | 13203 | 14313 | 15316 |
47400 | 7048 | 10197 | 12000 | 13260 | 14375 | 15382 |
48000 | 7083 | 10245 | 12052 | 13317 | 14437 | 15448 |
48600 | 7117 | 10292 | 12103 | 13374 | 14498 | 15514 |
49200 | 7152 | 10339 | 12155 | 13432 | 14560 | 15580 |
49800 | 7187 | 10386 | 12206 | 13489 | 14622 | 15646 |
50400 | 7222 | 10433 | 12258 | 13546 | 14684 | 15712 |
51000 | 7257 | 10481 | 12309 | 13603 | 14745 | 15778 |
51600 | 7291 | 10528 | 12360 | 13660 | 14807 | 15844 |
52200 | 7326 | 10575 | 12412 | 13717 | 14869 | 15910 |
52800 | 7361 | 10622 | 12463 | 13774 | 14931 | 15976 |
53400 | 7396 | 10669 | 12515 | 13832 | 14992 | 16042 |
54000 | 7431 | 10717 | 12566 | 13889 | 15054 | 16108 |
54600 | 7468 | 10765 | 12622 | 13946 | 15120 | 16178 |
55200 | 7524 | 10845 | 12716 | 14050 | 15232 | 16298 |
55800 | 7582 | 10929 | 12814 | 14159 | 15350 | 16425 |
56400 | 7643 | 11016 | 12918 | 14273 | 15474 | 16558 |
57000 | 7704 | 11104 | 13021 | 14388 | 15598 | 16691 |
57600 | 7765 | 11192 | 13125 | 14502 | 15722 | 16824 |
58200 | 7825 | 11277 | 13225 | 14613 | 15842 | 16953 |
58800 | 7883 | 11361 | 13324 | 14723 | 15961 | 17079 |
59400 | 7941 | 11445 | 13423 | 14832 | 16079 | 17206 |
60000 | 8000 | 11529 | 13522 | 14941 | 16197 | 17333 |
60600 | 8058 | 11612 | 13620 | 15050 | 16315 | 17460 |
61200 | 8116 | 11696 | 13719 | 15160 | 16433 | 17587 |
61800 | 8175 | 11780 | 13818 | 15269 | 16552 | 17714 |
62400 | 8233 | 11864 | 13917 | 15378 | 16670 | 17840 |
63000 | 8288 | 11945 | 14011 | 15481 | 16783 | 17958 |
63600 | 8344 | 12024 | 14102 | 15582 | 16893 | 18075 |
64200 | 8399 | 12103 | 14194 | 15683 | 17002 | 18193 |
64800 | 8454 | 12183 | 14285 | 15784 | 17111 | 18310 |
65400 | 8510 | 12262 | 14376 | 15885 | 17220 | 18427 |
66000 | 8565 | 12341 | 14468 | 15986 | 17330 | 18544 |
66600 | 8620 | 12421 | 14559 | 16087 | 17439 | 18661 |
67200 | 8676 | 12500 | 14650 | 16188 | 17548 | 18778 |
67800 | 8731 | 12579 | 14741 | 16289 | 17657 | 18895 |
68400 | 8786 | 12659 | 14833 | 16390 | 17767 | 19012 |
69000 | 8842 | 12738 | 14924 | 16491 | 17876 | 19129 |
69600 | 8897 | 12817 | 15015 | 16592 | 17985 | 19246 |
70200 | 8953 | 12897 | 15107 | 16693 | 18094 | 19363 |
70800 | 9008 | 12974 | 15196 | 16791 | 18201 | 19476 |
71400 | 9060 | 13047 | 15281 | 16885 | 18302 | 19585 |
72000 | 9111 | 13120 | 15366 | 16979 | 18404 | 19694 |
72600 | 9163 | 13194 | 15451 | 17073 | 18506 | 19803 |
73200 | 9214 | 13267 | 15536 | 17167 | 18608 | 19912 |
73800 | 9266 | 13340 | 15621 | 17261 | 18709 | 20021 |
74400 | 9318 | 13413 | 15706 | 17355 | 18811 | 20130 |
75000 | 9369 | 13487 | 15791 | 17449 | 18913 | 20239 |
75600 | 9421 | 13560 | 15876 | 17543 | 19015 | 20347 |
76200 | 9473 | 13633 | 15961 | 17636 | 19116 | 20456 |
76800 | 9524 | 13707 | 16046 | 17730 | 19218 | 20565 |
77400 | 9576 | 13780 | 16131 | 17824 | 19320 | 20674 |
78000 | 9627 | 13853 | 16216 | 17918 | 19422 | 20783 |
78600 | 9679 | 13927 | 16300 | 18012 | 19523 | 20892 |
79200 | 9731 | 14000 | 16385 | 18106 | 19625 | 21001 |
79800 | 9782 | 14073 | 16470 | 18200 | 19727 | 21109 |
80400 | 9834 | 14147 | 16555 | 18294 | 19829 | 21218 |
81000 | 9885 | 14220 | 16640 | 18387 | 19930 | 21326 |
81600 | 9936 | 14292 | 16723 | 18480 | 20030 | 21434 |
82200 | 9987 | 14364 | 16807 | 18573 | 20131 | 21541 |
82800 | 10038 | 14439 | 16891 | 18665 | 20235 | 21651 |
83400 | 10090 | 14514 | 16979 | 18762 | 20340 | 21763 |
84000 | 10142 | 14589 | 17066 | 18859 | 20444 | 21875 |
84600 | 10194 | 14663 | 17154 | 18956 | 20549 | 21987 |
85200 | 10246 | 14738 | 17241 | 19052 | 20653 | 22099 |
85800 | 10298 | 14813 | 17329 | 19149 | 20758 | 22211 |
86400 | 10350 | 14887 | 17417 | 19246 | 20863 | 22323 |
87000 | 10403 | 14962 | 17504 | 19343 | 20967 | 22435 |
87600 | 10455 | 15037 | 17592 | 19440 | 21072 | 22547 |
88200 | 10507 | 15111 | 17679 | 19537 | 21176 | 22659 |
88800 | 10559 | 15186 | 17767 | 19633 | 21281 | 22771 |
89400 | 10611 | 15261 | 17855 | 19730 | 21386 | 22883 |
90000 | 10663 | 15335 | 17942 | 19827 | 21490 | 22995 |
90600 | 10715 | 15410 | 18030 | 19924 | 21595 | 23107 |
91200 | 10767 | 15485 | 18118 | 20021 | 21700 | 23219 |
91800 | 10819 | 15559 | 18205 | 20118 | 21804 | 23331 |
92400 | 10872 | 15634 | 18293 | 20215 | 21909 | 23443 |
93000 | 10924 | 15709 | 18380 | 20311 | 22013 | 23555 |
93600 | 10976 | 15783 | 18468 | 20408 | 22118 | 23667 |
94200 | 11028 | 15858 | 18556 | 20505 | 22223 | 23779 |
94800 | 11080 | 15933 | 18643 | 20602 | 22327 | 23891 |
95400 | 11132 | 16007 | 18731 | 20699 | 22432 | 24003 |
96000 | 11184 | 16082 | 18818 | 20796 | 22536 | 24115 |
96600 | 11236 | 16157 | 18906 | 20892 | 22641 | 24227 |
97200 | 11289 | 16231 | 18994 | 20989 | 22746 | 24339 |
97800 | 11341 | 16306 | 19081 | 21086 | 22850 | 24451 |
98400 | 11393 | 16381 | 19169 | 21183 | 22955 | 24563 |
99000 | 11446 | 16450 | 19255 | 21279 | 23062 | 24676 |
99600 | 11491 | 16516 | 19334 | 21366 | 23156 | 24777 |
100200 | 11536 | 16583 | 19413 | 21453 | 23250 | 24878 |
100800 | 11581 | 16649 | 19491 | 21539 | 23345 | 24978 |
101400 | 11625 | 16714 | 19569 | 21625 | 23437 | 25077 |
102000 | 11670 | 16779 | 19646 | 21710 | 23530 | 25177 |
102600 | 11714 | 16844 | 19724 | 21796 | 23623 | 25276 |
103200 | 11759 | 16909 | 19801 | 21881 | 23715 | 25375 |
103800 | 11803 | 16974 | 19879 | 21967 | 23808 | 25475 |
104400 | 11847 | 17039 | 19956 | 22052 | 23901 | 25574 |
105000 | 11892 | 17104 | 20034 | 22138 | 23994 | 25673 |
105600 | 11934 | 17167 | 20108 | 22220 | 24083 | 25769 |
106200 | 11979 | 17232 | 20186 | 22305 | 24176 | 25868 |
106800 | 12023 | 17297 | 20263 | 22391 | 24269 | 25968 |
107400 | 12068 | 17362 | 20341 | 22476 | 24361 | 26067 |
108000 | 12110 | 17425 | 20415 | 22559 | 24451 | 26162 |
108600 | 12155 | 17490 | 20493 | 22644 | 24543 | 26262 |
109200 | 12199 | 17555 | 20570 | 22730 | 24636 | 26361 |
109800 | 12243 | 17620 | 20648 | 22815 | 24729 | 26460 |
110400 | 12286 | 17683 | 20722 | 22897 | 24818 | 26556 |
111000 | 12331 | 17748 | 20800 | 22983 | 24911 | 26655 |
111600 | 12375 | 17813 | 20877 | 23068 | 25004 | 26755 |
112200 | 12419 | 17878 | 20955 | 23154 | 25096 | 26854 |
112800 | 12462 | 17941 | 21029 | 23236 | 25186 | 26949 |
113400 | 12506 | 18006 | 21107 | 23322 | 25278 | 27049 |
114000 | 12551 | 18071 | 21184 | 23407 | 25371 | 27148 |
114600 | 12595 | 18136 | 21262 | 23493 | 25464 | 27247 |
115200 | 12640 | 18202 | 21339 | 23578 | 25557 | 27347 |
115800 | 12682 | 18264 | 21414 | 23660 | 25646 | 27442 |
116400 | 12727 | 18329 | 21491 | 23746 | 25739 | 27542 |
117000 | 12771 | 18394 | 21569 | 23831 | 25832 | 27641 |
117600 | 12815 | 18460 | 21646 | 23917 | 25924 | 27740 |
118200 | 12858 | 18522 | 21721 | 23999 | 26013 | 27836 |
118800 | 12902 | 18587 | 21798 | 24084 | 26106 | 27935 |
119400 | 12947 | 18652 | 21876 | 24170 | 26199 | 28034 |
120000 | 12991 | 18718 | 21953 | 24256 | 26292 | 28134 |
120600 | 13034 | 18780 | 22028 | 24338 | 26381 | 28229 |
121200 | 13078 | 18845 | 22105 | 24423 | 26474 | 28329 |
121800 | 13123 | 18910 | 22183 | 24509 | 26567 | 28428 |
122400 | 13167 | 18976 | 22260 | 24594 | 26659 | 28527 |
123000 | 13210 | 19038 | 22335 | 24676 | 26749 | 28623 |
123600 | 13254 | 19103 | 22412 | 24762 | 26841 | 28722 |
124200 | 13299 | 19168 | 22490 | 24847 | 26934 | 28821 |
124800 | 13343 | 19234 | 22567 | 24933 | 27027 | 28921 |
125400 | 13386 | 19296 | 22642 | 25015 | 27116 | 29016 |
126000 | 13430 | 19361 | 22719 | 25101 | 27209 | 29115 |
126600 | 13474 | 19426 | 22797 | 25186 | 27302 | 29215 |
127200 | 13519 | 19492 | 22874 | 25272 | 27395 | 29314 |
127800 | 13561 | 19554 | 22949 | 25354 | 27484 | 29410 |
128400 | 13606 | 19619 | 23026 | 25439 | 27576 | 29509 |
129000 | 13650 | 19684 | 23104 | 25525 | 27669 | 29608 |
129600 | 13695 | 19750 | 23181 | 25610 | 27762 | 29708 |
130200 | 13739 | 19815 | 23259 | 25696 | 27855 | 29807 |
130800 | 13783 | 19879 | 23335 | 25780 | 27946 | 29905 |
131400 | 13828 | 19945 | 23414 | 25868 | 28041 | 30007 |
132000 | 13874 | 20012 | 23494 | 25955 | 28136 | 30108 |
132600 | 13919 | 20079 | 23573 | 26043 | 28231 | 30210 |
133200 | 13963 | 20143 | 23649 | 26127 | 28323 | 30308 |
133800 | 14008 | 20210 | 23729 | 26215 | 28418 | 30410 |
134400 | 14054 | 20276 | 23808 | 26302 | 28513 | 30511 |
135000 | 14099 | 20343 | 23887 | 26390 | 28608 | 30613 |
135600 | 14143 | 20407 | 23964 | 26474 | 28699 | 30711 |
136200 | 14188 | 20474 | 24043 | 26561 | 28794 | 30813 |
136800 | 14234 | 20541 | 24123 | 26649 | 28889 | 30914 |
137400 | 14279 | 20607 | 24202 | 26737 | 28984 | 31016 |
138000 | 14323 | 20671 | 24278 | 26821 | 29075 | 31114 |
138600 | 14368 | 20738 | 24358 | 26908 | 29170 | 31215 |
139200 | 14414 | 20805 | 24437 | 26996 | 29265 | 31317 |
139800 | 14459 | 20872 | 24516 | 27083 | 29361 | 31419 |
140400 | 14503 | 20936 | 24593 | 27168 | 29452 | 31517 |
141000 | 14549 | 21002 | 24672 | 27255 | 29547 | 31618 |
141600 | 14594 | 21069 | 24751 | 27343 | 29642 | 31720 |
142200 | 14639 | 21136 | 24831 | 27430 | 29737 | 31822 |
142800 | 14683 | 21200 | 24907 | 27515 | 29828 | 31920 |
143400 | 14729 | 21267 | 24986 | 27602 | 29923 | 32021 |
144000 | 14774 | 21333 | 25066 | 27690 | 30018 | 32123 |
144600 | 14820 | 21400 | 25145 | 27777 | 30113 | 32225 |
145200 | 14865 | 21467 | 25225 | 27865 | 30208 | 32327 |
145800 | 14909 | 21531 | 25301 | 27949 | 30300 | 32424 |
146400 | 14963 | 21596 | 25377 | 28041 | 30396 | 32526 |
147000 | 15006 | 21659 | 25452 | 28124 | 30486 | 32622 |
147600 | 15049 | 21722 | 25527 | 28207 | 30576 | 32718 |
148200 | 15090 | 21782 | 25599 | 28286 | 30662 | 32810 |
148800 | 15133 | 21845 | 25674 | 28369 | 30752 | 32907 |
149400 | 15176 | 21908 | 25749 | 28452 | 30842 | 33003 |
150000 | 15218 | 21971 | 25823 | 28534 | 30931 | 33099 |
(E) When a court or child support enforcement agency
calculates the amount of child support that will be required to
be paid pursuant to a child support order or an administrative
child support order in a proceeding in which one parent is the
residential parent and legal custodian of all of the children who
are the subject of the child support order or the court issues a
shared parenting order, the court or child support enforcement
agency shall use a worksheet that is identical in content and
form to the following worksheet:
"Worksheet
............... County Domestic Relations Court (or)
............... County Child Support Enforcement Agency
Child Support Computation
Sole Residential Parent or
Shared Parenting Order
Name of parties .................................................
Case No. ..........
Number of minor children ...... The following parent was
designated as the residential parent and legal custodian
(disregard if shared parenting order):
............. mother; ............ father.
Father has ..... pay periods annually; mother has ..... pay
periods annually.
| Column I Father | Column II Mother | Column III Combined |
1a. Annual gross income from employment or, when determined appropriate
by the court or agency, average annual gross income from employment over a
reasonable period of years (exclude overtime and
bonuses)
| $...... | $...... | |
b. Amount of overtime and bonuses | Father | Mother | |
Yr. 3 | | | |
(Three years ago) | $...... | $...... | |
Yr. 2 | | | |
(Two years ago) | $...... | $...... | |
Yr. 1 | | | |
(Last calendar year) | $...... | $...... | |
Average: | $...... | $...... | |
(Include in Column I and/or Column II the average of the three
years or the year 1 amount, whichever is less, if there exists a reasonable
expectation that the total earnings from overtime and/or bonuses during the
current calendar year will meet or exceed the amount that is the lower of the
average of the three years or the year 1 amount. If, however, there exists a
reasonable expectation that the total earnings from overtime/bonuses during
the current calendar year will be less than the lower of the average of the
three years or the year 1 amount, include only the amount reasonably expected
to be earned this year.)
| $...... | $...... | |
2. Annual income from interest and dividends (whether or not
taxable)
| $...... | $...... | |
3. Annual income from unemployment compensation
| $...... | $...... | |
4. Annual income from workers' compensation or disability insurance
benefits
| $...... | $...... | |
5. Other annual income (identify)
| $...... | $...... | |
6. Total annual gross income (add lines 1-5)
| $...... | $...... | |
7. Annual court-ordered support paid for other children
| $...... | $...... | |
8. Adjustment for minor children born to either parent and another
parent, which children are living with this parent (number of children times
federal income tax exemption less child support received for the year, not to
exceed the federal tax exemption)
| $...... | $...... | |
9. Annual court-ordered spousal support paid to a former
spouse
| $...... | $...... | |
10. Amount of local income taxes actually paid or estimated to be
paid
| $...... | $...... | |
11. For self-employed individuals, deduct 5.6% of adjusted gross income
or the actual marginal difference between the actual rate paid by the
self-employed individual and the F.I.C.A. rate
| $...... | $...... | |
12. For self-employed individuals, deduct ordinary and necessary
business expenses
| $...... | $...... | |
13. Total gross income adjustments (add lines 7-12)
| $...... | $...... | |
14. Adjusted annual gross income (subtract line 13 from line
6)
| $...... | $...... | |
15. Combined annual income that is basis for child support order (add
line 14, Col. I and Col. II)
|
| | $...... |
16. Percentage parent's income to total income | | | |
a. Father (divide line 14, Col. I by line 15, Col. III) |
% | | |
b. Mother (divide line 14, Col. II by line 15, Col. III) |
| +
% | = 100% |
17. Basic combined child support obligation (Refer to basic child
support schedule in division (D) of section 3113.215 of the Revised Code; in
the first column of the schedule, locate the sum that is nearest to the
combined annual income listed in line 15, Col. III of this worksheet, then
refer to the column of the schedule that corresponds to the number of children
in this family. If the income of the parents is more than one sum, and less
than another sum, in the first column of the schedule, you may calculate the
basic combined child support obligation based upon the obligation for those
two sums.)
| | $...... | |
18. Annual child care expenses for the children who are the subject of
this order that are work, employment training, or
education related, as approved by the court or agency (deduct the tax credit
from annual cost, whether or not claimed)
| $...... | $...... | |
19. Marginal, out-of-pocket costs, necessary to provide for health
insurance for the children who are the subject of this order
| $...... | $...... | |
20. Total child care and medical expenses (add lines 18 and 19, Column
I and Column II)
| $...... | $...... | |
21. Combined annual child support obligation for this family (add lines
17 and 20, Column I and Column II)
| ....... | | $...... |
22. Annual support obligation/parent | | | |
a. Father (multiply line 21, Col. III, by line 16a)
| $...... | | |
b. Mother (multiply line 21, Col. III, by line 16b)
| | $...... | |
23. Adjustment for actual expenses paid for annual child care expenses
and marginal, out-of-pocket costs, necessary to provide for health insurance
(enter number from line 18 or 19 if applicable)
| $...... | $...... | |
24. Actual annual obligation (subtract line 23 from line 22a or
22b)
| $...... | $...... | |
25. Gross household income per party after exchange of
child support
(add lines 14 and 24 Column I or II for residential
parent or, in the case of
shared parenting order, the parent to whom child support will be paid;
subtract line 24 Column I or II from line 14 for parent who is not the
residential parent or, in the case of shared parenting order, the parent who
will pay child support)
| $...... | $...... | |
26. Comments, rebuttal, or adjustments to correct figures in lines 24,
Column I and 24, Column II if they would be unjust or inappropriate and would
not be in best interest of the child or children (specific facts to support
adjustments must be included)
| $...... | $...... | |
(Addendum sheet may be attached)
27. Final figure (this amount reflects final annual child support
obligation)
| $...... | father/mother obligor | |
28. For decree: child support per child per week or per month (divide
obligor's annual share, line 27, by 12 or 52 and by number of
children)
| $...... | | |
29. For deduction order: child support per pay period (calculate
support per pay period from figure on line 28) plus appropriate
processing charge. | $...... | | |
Calculations have been reviewed.
Signatures |
|
|
Father
|
|
I do/do not consent.
|
Sworn to before me and subscribed in my presence, this
..... day of .........., 19...
|
|
|
Notary Public
|
|
|
|
Mother
|
|
I do/do not consent.
|
Sworn to before me and subscribed in my presence, this
..... day of .........., 19...
|
|
|
Notary Public
|
|
|
Attorney for Father
|
Attorney for Mother"
|
(F) When a court or child support enforcement agency
calculates the amount of child support that will be required to
be paid pursuant to a child support order in a proceeding in
which both parents have split parental rights and
responsibilities with respect to the children who are the subject
of the child support order, the court or child support
enforcement agency shall use a worksheet that is identical in
content and form to the following worksheet:
"Worksheet
............... County Domestic Relations Court (or)
............... County Child Support Enforcement Agency
Child Support Computation
Split Parental Rights and Responsibilities
Name of parties .............................
Case No. ..........
Number of minor children ...... The following parent was designated
residential parent and legal custodian:
............ mother; ............ father.
Father has ..... pay periods annually; mother has ..... pay periods annually.
| Column I Father | Column II Mother | Column III Combined |
1a. Annual gross income from employment or, when determined to be
appropriate by the court or agency, average annual gross income from
employment over a reasonable period of years (exclude overtime and
bonuses)
| $...... | $...... | |
b. Amount of overtime and bonuses | Father | Mother | |
Yr. 3 | | | |
(Three years ago) | $...... | $...... | |
Yr. 2 | | | |
(Two years ago) | $...... | $...... | |
Yr. 1 | | | |
(Last calendar year) | $...... | $...... | |
Average: | $...... | $...... | |
(Include in Column I and/or Column II the average of the
three years or the year 1 amount, whichever is less, if there exists a
reasonable expectation that the total earnings from overtime and/or
bonuses during the current calendar year will meet or exceed the amount that
is the lower of the average of the three years or the year 1 amount. If,
however, there exists a
reasonable expectation that the total earnings from overtime/bonuses
during the current calendar year will be less than the lower of the average of
the three years or the year 1 amount, include only the amount reasonably
expected
to be earned this year.)
| $...... | $....... | |
2. Annual income from interest and dividends (whether or not
taxable)
| $...... | $...... | |
3. Annual income from unemployment compensation
| $...... | $...... | |
4. Annual income from workers' compensation or disability insurance
benefits
| $...... | $...... | |
5. Other annual income (identify)
| $...... | $...... | |
6. Total annual gross income (add lines 1-5)
| $...... | $...... | |
7. Annual court-ordered support paid for other children
| $...... | $...... | |
8. Adjustment for minor children born to either parent and another
parent, which children are living with this parent (number of children times
federal income tax exemption less child support received for the year, not to
exceed the federal tax exemption)
| $...... | $...... | |
9. Annual court-ordered spousal support paid to a former
spouse
| $...... | $...... | |
10. Amount of local income taxes actually paid or estimated to be
paid
| $...... | $...... | |
11. For self-employed individuals, deduct 5.6% of adjusted gross
income or the actual marginal difference between the actual rate paid by the
self-employed individual and the F.I.C.A. rate
| $...... | $...... | |
12. For self-employed individuals, deduct ordinary and necessary
business expenses
| $...... | $...... | |
13. Total gross income adjustments (add lines 7-12)
| $...... | $...... | |
14. Adjusted annual gross income (subtract line 13 from line
6)
| $...... | $...... | |
15. Combined annual income that is basis for child support order (add
line 14, Col. I and Col. II)
| | | $..... |
16. Percentage parent's income to total income | | | |
a. Father (divide line 14, Col. I by line 15, Col. III) |
% | | |
b. Mother (divide line 14, Col. II by line 15, Col. III)
| | +
% | = 100% |
17. Basic combined child support obligation/household | | | |
a. For children for whom the father is the residential parent and
legal custodian (Refer to basic child support schedule in division (D) of
section 3113.215 of the Revised Code; in the first column of the schedule,
locate the sum that is nearest to the combined annual income listed in line
15, Col. III of this worksheet, then refer to the column of the schedule that
corresponds to the number of children for whom the father is the residential
parent and legal custodian. If the income of the parents is more than one
sum, and less than another sum, in the first column of the schedule, you may
calculate the basic combined child support obligation based upon the
obligation for those two sums.)
| | | $...... |
b. For children for whom the mother is the residential parent
and the legal custodian. (Refer to basic child support schedule in division
(D) of section 3113.215 of the Revised Code; in the
first column of the schedule, locate the sum that is nearest to the combined
annual income listed in line 15, Col. III of this worksheet, then refer to the
column of the schedule that corresponds to the number of children for whom the
mother is the residential
parent and the legal custodian. If the income of the parents is more than one
sum, and less than another sum, in the first column of the schedule, you may
calculate the basic combined child support obligation based upon the
obligation for those two sums.)
| | | $...... |
18. Annual child care expenses for the children who are the subject of
this order that are work, employment training, or
education related, as approved by the court or agency (deduct the tax credit
from annual cost, whether or not claimed) | | | |
a. Expenses paid by the father
| $...... | | |
b. Expenses paid by the mother
| | $...... | |
19. Marginal, out-of-pocket costs, necessary to provide for health
insurance for the children who are the subject of this order | | | |
a. Costs paid by the father
| $...... | | |
b. Costs paid by the mother
| | $...... | |
20. Total annual child care and medical expenses | | | |
a. Of father (add lines 18a and 19a)
| $...... | | |
b. Of mother (add lines 18b and 19b)
| | $...... | |
21. Total annual child support obligation | | | |
a. Of father for child(ren) for whom the mother is the residential
parent and legal custodian (add lines 20a and 17b and multiply by line
16a)
| $...... | | |
b. Of mother for child(ren) for whom the father is the residential
parent and legal custodian (add lines 20b and 17a and
multiply by line 16b)
| | $...... | |
22. Adjustment for actual expenses paid for annual child care expenses,
and marginal, out-of-pocket costs, necessary to provide for health insurance | | | |
a. For father (enter number from line 20a)
| $...... | | |
b. For mother (enter number from line 20b)
| | $...... | |
23. Actual annual obligation (subtract line 22a from line 21a
and insert in Column I; subtract line 22b from line 21b and insert in
Column II)
| $...... | $...... | |
24. Net annual support obligation (greater amount on line 23
Column I or line 23 Column II minus lesser amount on line 23 Column I or
line 23 Column II)
| $...... | $...... | |
25. Gross household income per party after exchange of child
support
| $...... | $...... | |
(add line 14 and line 24 for the parent receiving a child support
payment; subtract line 24 from line 14 for the parent making a child support
payment) | | | |
26. Comments, rebuttal, or adjustments to correct figures in lines 24,
Column I and 24, Column II if they would be unjust or inappropriate and would
not be in best interest of the children (specific facts to support
adjustments must be included)
| $...... | $...... | |
(Addendum sheet may be attached)
27. Final figure (this amount reflects final annual child support
obligation)
| $...... | father/mother obligor | |
28. For decree: child support per child per week or per month (divide
obligor's annual share, line 27, by 12 or 52 and by the number of
children)
| $...... | | |
29. For deduction order: child support per day (calculate support per
pay period from figure on line 28) and add appropriate
processing charge. | | $...... | |
Calculations have been reviewed.
Signatures |
|
|
Father
|
|
I do/do not consent.
|
Sworn to before me and subscribed in my presence, this
..... day of .........., 19...
|
|
|
Notary Public
|
|
|
|
Mother
|
|
I do/do not consent.
|
Sworn to before me and subscribed in my presence, this
..... day of .........., 19...
|
|
|
Notary Public
|
|
|
Attorney for Father | Attorney for Mother" |
(G) At least once every four years, the department of
human services shall review the basic child support schedule set
forth in division (D) of this section to determine whether
support orders issued in accordance with the schedule and the
applicable worksheet in division (E) of this section, through
line 24, or in division (F) of this section, through line 23,
adequately provide for the needs of the children who are subject
to the support orders, prepare a report of its review, and submit
a copy of the report to both houses of the general assembly. For
each review, the department shall establish a child support
guideline advisory council to assist the department
in the
completion of its reviews and reports. Each council
shall be composed of obligors, obligees, judges of courts of common pleas
who have jurisdiction over domestic relations cases, attorneys
whose practice includes a significant number of domestic
relations cases, representatives of child support enforcement
agencies, other persons interested in the welfare of children,
three members of the senate appointed by the president of the
senate, no more than two of whom are members of the same party,
and three members of the house of representatives appointed by
the speaker of the house, no more than two of whom are members of
the same party. The department shall consider input from the
council prior to the completion of any report under
this section. The advisory council shall cease to exist at the
time that it submits its report to the general assembly. Any
expenses incurred by an advisory council shall be
paid by the department.
On or before March 1, 1993, the department shall submit its
initial report under this division to both houses of the general
assembly. On or before the first day of March of every fourth
year after 1993, the department shall submit a report under this
division to both houses of the general assembly.
Sec. 3501.31. The board of elections shall mail to each
precinct election official notice of the date, hours, and place
of holding each election in the official's respective
precinct at which it
desires the official to serve. Each of such officials shall
notify the
board immediately upon receipt of such notice of any inability to serve.
The election official
designated as
presiding judge under section 3501.22 of the Revised Code
shall call at the office of the board at such time before the day
of the election, not earlier than the tenth day before the
day of the election, as the board designates to obtain the ballots,
pollbooks, registration forms and lists, and other material to be
used in the official's polling place on election day.
The board may also provide for the delivery of such
materials to polling places in a municipal corporation by members
of the police department of such municipal corporation; or the
board may provide for the delivery of such materials to the
presiding judge not earlier than the tenth day before the
election, in any manner it finds to be advisable.
On election day the precinct election officials shall
punctually attend the polling place one-half hour before the time
fixed for opening the polls. Each of the precinct election
officials shall thereupon make and subscribe to a statement which
shall be as follows:
"State of Ohio
County of ...............
I do solemnly swear under the penalty of perjury that I
will support the constitution of the United States of America and
the constitution of the state of Ohio and its laws; that I have
not been convicted of a felony or any violation of the election
laws; that I will discharge to the best of my ability the duties
of .................... (judge or clerk) .................... of
election in and for precinct .................... in the
.................... (township) or (ward and city or village)
.................... in the county of ...................., in
the election to be held on the .......... day of ...............,
19....., as required by law and the rules and instructions of the
board of elections of said county; and that I will endeavor to
prevent fraud in such election, and will report immediately to
said board any violations of the election laws which come to my
attention, and will not disclose any information as to how any
elector voted which is gained by me in the discharge of my
official duties.
(Signatures of precinct election officials)"
If any of the other precinct officials is absent at that
time, the presiding judge, with the concurrence of a majority of
the precinct election officials present, shall appoint a
qualified elector who is a member of the same political party as
the political party of which such absent precinct election
official is a member to fill the vacancy until the board appoints
a person to fill such vacancy and the person so appointed reports
for duty at the polling place. The presiding judge shall
promptly notify the board of such vacancy by telephone or
otherwise. The presiding judge also shall assign the
precinct election officials
to their respective duties and shall have general charge of the
polling place.
Sec. 3509.04. Upon receipt by the director of elections of
an application for absent voter's ballots, as provided by
sections 3509.03 and 3509.031, and division (G) of section 3503.16, of the
Revised Code, the director,
if the director finds that the applicant is a qualified
elector and is entitled to vote absent voter's ballots as applied for in the
application, shall deliver to the applicant in person or mail
directly to the applicant by special delivery mail, air
mail, or regular mail, postage prepaid, proper absent voter's ballots. The
director shall give proper absent voter's ballots to any
qualified elector who presents himself SELF to vote
at the
office of the board of elections or at another location designated by
the board as provided in division (B) or (C) of section 3503.16 of the
Revised Code. The director shall give, deliver, or mail with the ballots an
unsealed identification envelope upon the face of which shall be printed a
form substantially as follows:
"Identification Envelope
Statement of Voter
I, the undersigned voter, declare under penalty of election
falsification that the within ballot or ballots contained no
voting marks of any kind when I received them, and I caused the
ballot or ballots to be marked, enclosed in the identification
envelope, and sealed in said envelope.
My voting residence in Ohio is
(Street and Number, if any, or Rural Route and Number)
of ................................ (City, Village, or Township) Ohio, which
is in Ward ............... Precinct ................ in said city, village, or
township.
.....I am a qualified elector of the state of Ohio. (Applicant must check the
true statement concerning his THE APPLICANT'S reason for voting
by absent voter's ballots)
.....I shall be absent from the county on the day of the election.
.....I shall be outside the United States on the day of the
election. (Applicants who check this statement must also check
the appropriate box on the enclosed return envelope to
indicate that they will be outside the United States.)
.....I shall be absent from my polling place on the day of
the election due to my entry or the entry of a member of my
family into a hospital for medical
or surgical treatment.
.....I shall be absent from my polling place on the day of
the election due to physical illness, disability, or
infirmity.
.....My employment as a full-time fire fighter, peace officer, or
provider of emergency medical services may prevent me from voting at my
polling place on the day of the election.
.....I shall be absent from my polling place on the day of the
election because I am on active duty with the organized
militia in the state of Ohio.
.....I shall be unable to vote on election day because of
observance of my religious belief.
.....I am the secretary of state.
.....I am an employee of the secretary of state.
.....I am a member of the board of
elections.
.....I am an employee of or person temporarily hired by
the board of elections.
.....I am a polling place official.
.....I shall be absent from my polling place on the day of
the election due to my confinement in a jail or workhouse
under sentence for a misdemeanor or awaiting trial on a
felony or misdemeanor.
.....I am sixty-two years of age or older.
.....I moved from one precinct to another in the
same county or from one county to another
on or prior to the day of an election
and did not file a notice of change of residence.
.....I changed my name on or prior to the day
of an election and did not file a notice of
change of name.
The primary election ballots, if any, within this envelope
are primary election ballots of the ............. Party.
Ballots contained herein are to be voted at the ..........
(general, special, or primary) election to be held on the
.......................... day of ......................, 19....
I hereby declare, under penalty of election falsification,
that the statements above are true, as I verily believe.
THE PENALTY FOR ELECTION FALSIFICATION IS IMPRISONMENT FOR
NOT MORE THAN SIX MONTHS, OR A FINE OF NOT MORE THAN ONE THOUSAND
DOLLARS, OR BOTH."
The director shall mail with the ballots and the unsealed
identification envelope that the director mails an unsealed
return envelope
upon the face of which shall be printed the official title and
post-office address of such director. In the upper left corner
on the face of such envelope, several blank lines shall be printed
upon which the voter may write the voter's name and return
address, and
beneath these lines there shall be printed a box beside the words
"check if out-of-country." The voter shall check this box if the
voter will be outside the United States on the day of the election. The
return envelope shall be of such size that the identification
envelope can be conveniently placed within it for returning such
identification envelope to the director.
Sec. 3513.07. The form of declaration of candidacy and
petition of a person desiring to be a candidate for a party
nomination or a candidate for election to an office or position
to be voted for at a primary election shall be substantially as
follows:
"DECLARATION OF CANDIDACY
PARTY PRIMARY ELECTION
I, ........................... (Name of Candidate), the
undersigned, hereby declare under penalty of election
falsification that my voting residence is in ...............
precinct of the .............................. (Township) or
(Ward and City or Village) in the county of ................ ,
Ohio; that my voting residence is
............... (Street and
Number, if any, or Rural Route and Number) of the
....................... .............. (City or Village) of .................,
Ohio: that I am a qualified
elector in the precinct in which my voting residence is located. I am a
member of the ........ Party. I hereby declare that I
desire to be .................... (a candidate for nomination as
a candidate of the ........... Party for election to the office
of .............) (a candidate for election to the office or
position of ..............) for the ............ in the state,
district, (Full term or unexpired term ending ...............)
county, city, or village of ......... .........., at the primary
election to be held on the ............. day of ........., 19..,
and I hereby request that my name be printed upon the official
primary election ballot of the said .......... Party as a
candidate for ......... (such nomination) or (such election) as
provided by law.
I further declare that, if elected to said office or
position, I will qualify therefor, and that I will support and
abide by the principles enunciated by the ............ Party.
Dated this .......... day of ................., 19.....
THE PENALTY FOR ELECTION FALSIFICATION IS IMPRISONMENT FOR
NOT MORE THAN SIX MONTHS, OR A FINE OF NOT MORE THAN ONE THOUSAND
DOLLARS, OR BOTH.
PETITION OF CANDIDATE
We, the undersigned, qualified electors of the state of
Ohio, whose voting residence is in the county, city, village,
ward, township, or school district, and precinct set opposite our
names, and members of the .......................................
Party, hereby certify that ............................ (Name of
candidate) whose declaration of candidacy is filed herewith, is
a member of the ............ Party, and is, in our opinion, well
qualified to perform the duties of the office or position to
which that candidate desires to be elected.
| Street | City, | | | | |
| and | Village or | | | | |
Signature | Number | Township | Ward | Precinct | County | Date |
(Must use address on file with the board of elections)
....................................... (Name of circulator
of petition), declares under penalty of election falsification
that the circulator of the petition is a qualified elector of the
state of Ohio and resides at
the address appearing below the signature of that
circulator; that the circulator is a
member of the ........... Party; that the circulator is the
circulator
of the
foregoing petition paper containing ............. (Number)
signatures; that the circulator witnessed the affixing of every
signature,
that all signers were to the best of the circulator's knowledge and
belief
qualified to sign, and that every signature is to the best of the
circulator's
knowledge and belief the signature of the person whose signature
it purports to be.
|
|
|
(Signature of circulator)
|
|
|
|
(Address of circulator)
|
THE PENALTY FOR ELECTION FALSIFICATION IS IMPRISONMENT FOR
NOT MORE THAN SIX MONTHS, OR A FINE OF NOT MORE THAN ONE THOUSAND
DOLLARS, OR BOTH."
The secretary of state shall prescribe a form of
declaration of candidacy and petition, and the form shall
be
substantially similar to the declaration of candidacy and
petition set forth in this section, that will be suitable for
joint candidates for the offices of governor and lieutenant
governor.
The petition provided for in this section shall be
circulated only by a member of the same political party as the
candidate.
Sec. 3513.261. A nominating petition may consist of one or
more separate petition papers, each of which shall be
substantially in the form prescribed in this section. If the
petition consists of more than one separate petition paper, the
statement of candidacy of the candidate or joint candidates named
need be signed by the candidate or joint candidates on only one
of such separate petition papers, but the statement of candidacy
so signed shall be copied on each other separate petition paper
before the signatures of electors are placed thereon. Each
nominating petition containing signatures of electors of more
than one county shall consist of separate petition papers each of
which shall contain signatures of electors of only one county;
provided that petitions containing signatures of electors of more
than one county shall not thereby be declared invalid. In case
petitions containing signatures of electors of more than one
county are filed, the board of elections shall determine the
county from which the majority of the signatures came, and only
signatures from this county shall be counted. Signatures from
any other county shall be invalid.
All signatures on nominating petitions shall be written in
ink or indelible pencil.
At the time of filing a nominating petition, the candidate
designated in the nominating petition, and joint
candidates for governor and
lieutenant governor, shall pay to the election officials with
whom it is filed the fees specified for the office under
divisions (A) and (B) of section
3513.10 of the Revised Code. The fees shall be disposed of by
those election officials in the manner that
is provided in
section 3513.10 of the Revised Code for the disposition of other
fees, and in no case shall a fee required under that section be
returned to a
candidate.
Candidates or joint candidates whose names are written on
the ballot, and who are elected, shall pay the same fees under
section 3513.10 of the Revised Code that
candidates who file nominating petitions pay. Payment of
these
fees
shall be a condition precedent to the granting of their
certificates of election.
Each nominating petition shall contain a statement of
candidacy which shall be signed by the candidate or joint
candidates named therein. Such statement of candidacy shall
contain a declaration made under penalty of election
falsification that the candidate desires to be a candidate for
the office named therein, and that the candidate is an elector
qualified to
vote for the office the candidate seeks.
The form of the nominating petition and statement of
candidacy shall be substantially as follows:
"STATEMENT OF CANDIDACY
I, ................................... (Name of candidate),
the undersigned, hereby declare under penalty of election
falsification that my voting residence is in ................
.......... Precinct of the ......................... (Township)
or (Ward and City, or Village) in the county of...............,
Ohio; that my post-office address is............................
(Street and Number, if any, or Rural Route and Number) of the
............................... (City, Village, or post office)
of ...................., Ohio; AND that I am a qualified elector in
the precinct in which my voting residence is located. I hereby
declare that I desire to be a candidate for election to the
office of .............. in the........................ (State,
District, County, City, Village, Township, or School District)
for the ...................................... (Full term or
unexpired term ending ................) at the General Election
to be held on the ........... day of ............... 19,....
I further declare that I am an elector qualified to vote
for the office I seek. Dated this ....... day of ..............,
19....
THE PENALTY FOR ELECTION FALSIFICATION IS IMPRISONMENT FOR
NOT MORE THAN SIX MONTHS, OR A FINE OF NOT MORE THAN ONE THOUSAND
DOLLARS.
I, ................................., hereby constitute the
persons named below a committee to represent me:
Name Residence
................................................................
................................................................
................................................................
................................................................
................................................................
NOMINATING PETITION
We, the undersigned, qualified electors of the state of
Ohio, whose voting residence is in the County, City, Village,
Ward, Township or Precinct set opposite our names,
hereby nominate .................... as a candidate for
election to the office of ........................... in the
............................ (State, District, County, City,
Village, Township, or School District) for the .................
(Full term or unexpired term ending ...................) to be
voted for at the general election next hereafter to be held,
and certify that this person is, in our opinion, well qualified to
perform the duties of the office or position to which the person
desires
to be elected.
_________________________________________________________________
Street City,
Signature Address Village or Ward Precinct County Date of
or R.F.D. Township Signing
(Must
use
address
on file
with the
board of
elections)
_________________________________________________________________
.................................................................
.................................................................
.................................................................
..........................., declares under penalty of election
falsification that he or she SUCH PERSON is a qualified elector
of the state of
Ohio and resides at the address appearing below his or her SUCH
PERSON'S signature
hereto; that he or she SUCH PERSON is the circulator of the
foregoing petition paper
containing ................ signatures; that he or she SUCH
PERSON witnessed the
affixing of every signature; that all signers were to the best
of his or her SUCH PERSON'S knowledge and belief qualified to
sign; and that every
signature is to the best of his or her SUCH PERSON'S knowledge
and belief the
signature of the person whose signature it purports to be.
|
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|
(Signature of circulator)
|
|
|
|
(Address)
|
THE PENALTY FOR ELECTION FALSIFICATION IS IMPRISONMENT FOR
NOT MORE THAN SIX MONTHS, OR A FINE OF NOT MORE THAN ONE THOUSAND
DOLLARS, OR BOTH."
The secretary of state shall prescribe a form of nominating
petition for a group of candidates for the office of member of a
board of education, township office, and for offices of municipal
corporations of under two thousand population.
The secretary of state shall prescribe a form of statement
of candidacy and nominating petition, which shall be
substantially similar to the form of statement of candidacy and
nominating petition set forth in this section, that will be
suitable for joint candidates for the offices of governor and
lieutenant governor.
If such petition nominates a candidate whose election is to
be determined by the electors of a county or a district or
subdivision within the county, it shall be filed with the board
of such county. If the petition nominates a candidate whose
election is to be determined by the voters of a subdivision
located in more than one county, it shall be filed with the board
of the county in which the major portion of the population of
such subdivision is located.
If the petition nominates a candidate whose election is to
be determined by the electors of a district comprised of more
than one county but less than all of the counties of the state,
it shall be filed with the board of elections of the most
populous county in such district. If the petition nominates a
candidate whose election is to be determined by the electors of
the state at large, it shall be filed with the secretary of
state.
Sec. 3769.04. Any person, association, corporation, or
trust desiring to hold or conduct a horse-racing meeting, wherein
the pari-mutuel system of wagering is allowed, shall make
application to the state racing commission for a permit to do so.
Each application, accompanied by a permit fee of ten dollars
and a cash bond, certified check, or bank draft, shall be filed
with the commission at least five days prior to the first day of
each horse-racing meeting that the person, association,
corporation, or trust proposes to hold or conduct. The
application, if made by an individual, shall be signed and
verified under oath by the individual and, if made by
individuals or a partnership, shall be signed and verified under
oath by one of the individuals or a member of
the partnership. If made by an association, trust, or corporation,
the application shall be signed by the ITS president or
vice-president
thereof and attested by the secretary or assistant secretary
under the seal of the association, trust, or corporation, if it
has a seal, and shall also be verified under oath by one of the
officers signing the application. The commission shall prescribe forms
to be used in making the application. The application shall
specify the name of the person, association, trust, or
corporation making such application, the post-office address of
the applicant (if a corporation, the name of the state of its
incorporation), the dates on which the applicant intends to
conduct or hold such horse-racing meeting, which dates shall be
successive days, including Sundays unless otherwise requested by
the applicant and authorized by the commission, the hours of each
racing day during which the applicant intends to hold or conduct
horse racing at such meeting, which shall be during the hours
specified pursuant to section 3769.07 of the Revised Code, and
the location of the place, track, or enclosure where it is
proposed to hold or conduct such horse-racing meeting, and such
further information as the commission prescribes.
If the application requests a permit for a horse-racing
meet at a location at which such a meet has not previously been
conducted by permission of the commission, then, in addition to
the other requirements for said THE application, there shall
accompany the application a petition signed by at least fifty-one
per cent of the qualified electors voting for governor at the
most recent general election in the townships in which the
racing meet is proposed to be conducted, together with a
certificate of the board of elections of the counties in which
such townships are situated that the signatures on the petition
are valid and comply with this section. No petition or
certificate shall be required for a transfer made under section
3769.13 of the Revised Code if the transfer is to a county in
which racing has previously been conducted pursuant to a permit
issued under section 3769.06 of the Revised Code.
Such petition shall be in the following form:
"We, the undersigned, electors of ............ township,
............ county, Ohio request the granting of the application
of ............ for a horse-racing meet to be conducted in whole
or in part in ............ township, ............ county, Ohio in
the year 19......"
Name
Address
Voting Precinct
Township
"
Such petition shall be sworn to in the manner provided in
section 3513.27 of the Revised Code. This section does not apply
to small horse-racing meets or horse shows which are not required
to secure permits under section 3769.01 of the Revised Code, nor
shall this section, other than the first paragraph, apply to
county fair horse-racing meets.
Sec. 4561.25. (A) Every person who, in the ordinary
course of his business, rents an aircraft to another person,
shall deliver to such THE renter a written notice stating the
nature
and extent of insurance coverage provided, if any, for the renter
against loss of or damage to the hull of the aircraft, or against
liability arising out of the ownership, maintenance, or use of
the aircraft. Such notice shall contain the name of the person
giving the notice, and shall be in substantially the following
form:
"Notice of insurance coverage
As a renter of aircraft, you are hereby notified that:
(1) You (are) (are not) insured under a policy or policies
of insurance provided by the undersigned and providing liability
coverage to renters of aircraft. If coverage is provided, it is
in the following amount or amounts:
$.......................
(2) Hull insurance in favor of renters of aircraft (is)
(is not) maintained. If hull insurance is provided, you (are)
(are not) insured for the full value of the rental aircraft.
| ............................... |
| (Signature of person or officer of company renting aircraft) |
Dated:..........................., 19......
(Month) (Day) (Year)"
(B) The notice delivered pursuant to division (A) of this
section shall constitute a material part of any rental agreement,
and each renter shall give written acknowledgment of receipt of
such THE notice.
(C) Whoever fails to deliver the notice in accordance with
division (A) of this section shall be fined not more than one
thousand dollars.
Sec. 4703.10. If the applicant passes the examination under section 4703.09
of
the Revised Code or in lieu of the examination meets, in the opinion of the
state board of examiners of architects, the requirements of section 4703.08 of
the Revised Code, and in addition has proven himself SELF to be
of good moral
character, he THE APPLICANT is eligible to receive from the
state board of examiners of
architects a certificate of qualification to practice architecture. The
certificate shall be signed by the president and secretary of the board and
shall bear the name of the successful applicant, his THE SUCCESSFUL
APPLICANT'S place of business, the
serial number of the certificate, the seal of the board, and the words,
"admitted to practice architecture in the state of Ohio, the ..... day of
......., 19 ...."
If the applicant fails the examination under section 4703.09 of the Revised
Code, the board may refuse to issue a certificate of qualification to practice
architecture.
Sec. 5309.15. After the investigation authorized by section 5309.14 of the
Revised Code, if, in the opinion of the examiner of titles, the applicant has
a
good title as alleged, and proper for registration, or if the applicant after
an adverse opinion of the examiner elects to proceed further, the clerk of the
probate court or the clerk of the court of common pleas shall, upon the filing
of the examiner's report or the applicant's election, cause notice of the
filing, substance, and prayer of the application to be published once a week
for three consecutive weeks in a newspaper, which may be designated by the
applicant, published and of general circulation in each county where any
portion of the land lies, or if no newspaper is published in any of such
counties, then in a newspaper so designated, published, and of general
circulation in an adjoining county. The expense of such publication shall be
paid by the applicant and taxed as costs in the case. The notice shall be
issued by order of the court, attested by the clerk, and shall be in form
substantially as follows:
".................Court of............County, Ohio.
A. B.,
plaintiff,
vs.
APPLICATION TO REGISTER TITLE TO LAND.
C. D. et al,
defendants
To (here insert the names, residences, and addresses of all the defendants so
far as known), and to all persons having any interest in or lien or charge
upon
the lands or any part thereof described herein. You are hereby notified that
an application has been filed in said court by ................. to settle,
determine, and remove all clouds from and register his SUCH
PERSON'S (or their SUCH PERSONS') title in and
to, and to settle, determine, and register all lesser or other estates and
interests in, and all liens and charges upon, the following described land
(insert description).
You are hereby required to answer said application on or before the .......
day of ....... A.D., .......... and show cause, if any you have,
why the
prayer of said application should not be granted. And unless you appear at
said court on or before the time aforesaid and make answer or other plea to
said application, your default will be recorded, the said application
will be
taken as confessed, and you will be forever barred from contesting said
application or any decree entered thereon.
WITNESS ................... Judge of said Court, this ........ day
of ....... in the year nineteen hundred and, .....
Attest:"
The form of said notice in cases mentioned in section 5309.66 of the Revised
Code may be varied as the facts require.
Sec. 5721.15. The forms of caption, notice of foreclosure
and forfeiture, and notice to property owners, lienholders, and
other interested persons to be utilized in a foreclosure and
forfeiture proceeding instituted pursuant to section 5721.14 of
the Revised Code shall be as follows:
(A) Form of caption:
"In the .......... court of .........., Ohio,
in the matter of the
foreclosure of liens and forfeiture of property
for delinquent land taxes by action in rem.
County treasurer of .......... county, Ohio,
Plaintiff
vs.
Parcels of land encumbered with delinquent tax liens,
defendants"
(B) Form of notice of foreclosure and forfeiture:
".......... court .......... county, Ohio
Notice of foreclosure of liens and forfeiture of property
for delinquent land taxes, by action in rem by county treasurer
of .......... county, ohio Ohio
Public notice is hereby given that on the .......... day of
.........., 19...., the county treasurer of .......... county,
Ohio, filed a complaint in the .......... court of ..........,
Ohio, at .......... (stating the city), for the foreclosure of
liens and forfeiture of property for delinquent taxes,
assessments, charges, penalties, and interest against certain
real property situated in such county, as described in that
complaint.
The object of the action is to obtain from the court a
judgment foreclosing the tax liens against such real estate,
forfeiting the property to the state, and ordering the sale of
such real estate for the satisfaction of the tax liens on it.
Such action is brought against the real property only and
no personal judgment shall be entered in it. However, if,
pursuant to the action, the property is sold for an amount that
is less than the amount of the delinquent taxes, assessments,
charges, penalties, and interest against it, the court, in a
separate order, may enter a deficiency judgment against the owner
of record of a parcel for the amount of the difference; if that
owner of record is a corporation, the court may enter the
deficiency judgment against the stockholder holding a majority of
that corporation's stock.
The permanent parcel number of each parcel included in such
action; the full street address of the parcel, if available; a
description of the parcel as set forth in the associated
delinquent vacant land tax certificate or master list of
delinquent vacant tracts; a statement of the amount of the taxes,
assessments, charges, penalties, and interest due and unpaid on
the parcel; the name and address of the last known owner of the
parcel as they appear on the general tax list; and the names and
addresses of each lienholder and other person with an interest in
the parcel identified in a statutorily required title search
relating to the parcel; all as more fully set forth in the
complaint, are as follows:
(Here set forth the respective permanent parcel numbers,
street addresses, descriptions, names and addresses of owners,
lienholders, and other interested persons, and statements of
amounts due as taxes, assessments, charges, penalties, and
interest, together with the respective serial numbers assigned to
each parcel if the complaint covers more than one parcel. If
parcels are identified in this notice by permanent parcel number
only, instead of also with a complete legal description, as
authorized by division (C) of section 5721.14 of the Revised
Code, here also set forth where the complete legal description of
the parcel may be obtained.)
Any person owning or claiming any right, title, or interest
in, or lien upon, any parcel of real property above listed may
file an answer in such action setting forth the nature and amount
of interest owned or claimed and any defense or objection to the
foreclosure and forfeiture. Such answer shall be filed in the
office of the undersigned clerk of the court, and a copy of the
answer shall be served on the prosecuting attorney, on or before
the .......... day of .........., 19.... (twenty-eight days after
the date of final publication of this notice).
If no answer is filed with respect to a parcel listed in
the complaint, on or before the date specified as the last day
for filing an answer, a judgment of foreclosure and forfeiture
will be taken by default as to that parcel. Any parcel as to
which a foreclosure and forfeiture is taken by default shall be
sold for the satisfaction of the taxes, assessments, charges,
penalties, and interest, and the costs incurred in the
foreclosure and forfeiture proceeding, which are due and unpaid.
At any time prior to the filing of an entry of confirmation
of sale, any owner or lienholder of, or other person with an
interest in, a parcel listed in the complaint may redeem the
parcel by tendering to the treasurer the amount of the taxes,
assessments, charges, penalties, and interest due and unpaid on
the parcel, together with all costs incurred in the proceeding
instituted against the parcel under section 5721.14 of the
Revised Code. Upon the filing of any entry of confirmation of
sale, there shall be no further equity of redemption. After the
filing of any such entry, any person claiming any right, title,
or interest in, or lien upon, any parcel shall be forever barred
and foreclosed of any such right, title, or interest in, lien
upon, and any equity of redemption in, such parcel.
.........................
Clerk of the Court
................... Court
..................., Ohio"
(C) Form of notice to owner, lienholders, and other
persons with an interest in a parcel:
"To the person to whom this notice is addressed:
You are the last known owner, according to the general tax
list, or a lienholder of, or a person with another interest in,
the following described parcel:
(Description as shown in complaint)
Such parcel has been included in an action instituted by
the county treasurer, being case No. ........ filed in the
.......... court, ..........., Ohio, on .........., 19....,
seeking the foreclosure, forfeiture, and sale of such parcel for
the nonpayment of delinquent taxes, assessments, charges,
penalties, and interest (specify which) in the amount of
$..........
Any person owning or claiming any right, title, or interest
in, or lien upon, such parcel may file an answer in the action
setting forth the nature and amount of his THE PERSON'S interest
and any
defense or objection to the foreclosure and forfeiture. Any such
answer shall be filed in the office of the undersigned clerk of
the court, and a copy of the answer shall be served upon the
prosecuting attorney, on or before .........., 19....
(twenty-eight days after the publication of the associated notice
of foreclosure and forfeiture in accordance with law).
If no answer is filed, a judgment of foreclosure and
forfeiture will be taken by default and such parcel shall be
ordered sold for the satisfaction of the tax lien on it.
If, pursuant to the action, the property is sold for an
amount that is less than the amount of the delinquent taxes,
assessments, charges, penalties, and interest against it, the
court, in a separate order, may enter a deficiency judgment
against the owner of record of a parcel for the amount of the
difference. If that owner of record is a corporation, the court
may enter the deficiency judgment against the stockholder holding
a majority of that corporation's stock.
At any time prior to the filing of any entry of
confirmation of sale, any owner or lienholder of, or other person
with an interest in, a parcel may redeem the parcel by tendering
to the treasurer the full amount of the taxes, assessments,
charges, penalties, and interest due and unpaid on the parcel,
together with all costs incurred in the proceeding instituted
against the parcel under section 5721.14 of the Revised Code.
Upon the filing of any entry confirming the sale of the parcel,
there shall be no further equity of redemption. After the filing
of any such entry, any person claiming any right, title, or
interest in, or lien upon, the parcel shall be forever barred and
foreclosed of any such right, title, or interest in, lien upon,
and any equity of redemption in, the parcel.
............................
Clerk of the Court
..................... Court
....................., Ohio"
Sec. 5721.181. The forms of caption, notice of
foreclosure, and notice to property owners, lienholders, and
other interested persons to be utilized in a foreclosure
proceeding instituted pursuant to division (B) of section 5721.18
of the Revised Code shall be in substance as follows:
(A) Form of caption:
"In the .......... court of .........., Ohio,
in the matter of the
foreclosure of liens for delinquent land taxes by action
in rem.
County treasurer of .......... county, Ohio,
Plaintiff
vs.
Parcels of land encumbered with delinquent tax liens,
defendants"
(B) Form of notice of foreclosure:
".......... court .......... county, Ohio
Notice of foreclosure of liens for delinquent land taxes,
by action in rem by county treasurer of .......... county, Ohio
Public notice is hereby given that on the .......... day of
.........., 19...., the county treasurer of .......... county,
Ohio, filed a complaint in the .......... court of ..........,
Ohio, at .......... (stating the city), for the foreclosure of
liens for delinquent taxes, assessments, charges, penalties, and
interest against certain real property situated in such county,
as described in that complaint.
The object of the action is to obtain from the court a
judgment foreclosing the tax liens against such real estate and
ordering the sale of such real estate for the satisfaction of the
tax liens on it.
Such action is brought against the real property only and
no personal judgment shall be entered in it. However, if
pursuant to the action the property is sold for an amount that is
less than the amount of the delinquent taxes, assessments,
charges, penalties, and interest against it, the court, in a
separate order, may enter a deficiency judgment against the owner
of record of a parcel for the amount of the difference; if that
owner of record is a corporation, the court may enter the
deficiency judgment against the stockholder holding a majority of
the corporation's stock.
The permanent parcel number of each parcel included in such
action; the full street address of the parcel, if available; a
description of the parcel as set forth in the associated
delinquent land tax certificate or master list of delinquent
tracts; a statement of the amount of the taxes, assessments,
charges, penalties, and interest due and unpaid on the parcel;
the name and address of the last known owner of the parcel as
they appear on the general tax list; and the names and addresses
of each lienholder and other person with an interest in the
parcel identified in a statutorily required title search relating
to the parcel; all as more fully set forth in the complaint, are
as follows:
(Here set forth the respective permanent parcel numbers,
street addresses, descriptions, names and addresses of owners,
lienholders, and other interested persons, and statements of
amounts due as taxes, assessments, charges, penalties, and
interest, together with the respective serial numbers assigned to
each parcel if the complaint covers more than one parcel. If
parcels are identified in this notice by permanent parcel number
only, instead of also with a complete legal description, as
authorized by division (B)(1) of section 5721.18 of the Revised
Code, here also set forth where the complete legal description of
the parcel may be obtained.)
Any person owning or claiming any right, title, or interest
in, or lien upon, any parcel of real property above listed may
file an answer in such action setting forth the nature and amount
of interest owned or claimed and any defense or objection to the
foreclosure. Such answer shall be filed in the office of the
undersigned clerk of the court, and a copy of the answer shall be
served on the prosecuting attorney, on or before the ..........
day of .........., 19.... (twenty-eight days after the date of
final publication of this notice).
If no answer is filed with respect to a parcel listed in
the complaint, on or before the date specified as the last day
for filing an answer, a judgment of foreclosure will be taken by
default as to that parcel. Any parcel as to which a foreclosure
is taken by default shall be sold for the satisfaction of the
taxes, assessments, charges, penalties, and interest, and the
costs incurred in the foreclosure proceeding, which are due and
unpaid.
At any time prior to the filing of an entry of confirmation
of sale, any owner or lienholder of, or other person with an
interest in, a parcel listed in the complaint may redeem the
parcel by tendering to the treasurer the amount of the taxes,
assessments, charges, penalties, and interest due and unpaid on
the parcel, together with all costs incurred in the proceeding
instituted against the parcel under section 5721.18 of the
Revised Code. Upon the filing of any entry of confirmation of
sale, there shall be no further equity of redemption. After the
filing of any such entry, any person claiming any right, title,
or interest in, or lien upon, any parcel shall be forever barred
and foreclosed of any such right, title, or interest in, lien
upon, and any equity of redemption in, such parcel.
..........................
Clerk of the Court
................... Court
..................., Ohio"
(C) Form of notice to owner, lienholders, and other
persons with an interest in a parcel:
"To the person to whom this notice is addressed:
You are the last known owner, according to the general tax
list, or a lienholder of, or a person with another interest in,
the following described parcel:
(Description as shown in complaint)
Such parcel has been included in an action instituted by
the county treasurer, being case No. ........ filed in the
.......... court, ..........., Ohio, on .........., 19....,
seeking the foreclosure and sale of such parcel for the
nonpayment of delinquent taxes, assessments, charges, penalties,
and interest (specify which) in the amount of $..........
Any person owning or claiming any right, title, or interest
in, or lien upon, such parcel may file an answer in the action
setting forth the nature and amount of his THE PERSON'S interest
and any
defense or objection to the foreclosure. Any such answer shall
be filed in the office of the undersigned clerk of the court, and
a copy of the answer shall be delivered to the prosecuting
attorney, on or before .........., 19.... (twenty-eight days
after the final publication of the associated notice of
foreclosure in accordance with law).
If no answer is filed, a judgment of foreclosure will be
taken by default and such parcel shall be ordered sold for the
satisfaction of the tax lien on it.
If, pursuant to the action, the property is sold for an
amount that is less than the amount of the delinquent taxes,
assessments, charges, penalties, and interest against it, the
court, in a separate order, may enter a deficiency judgment
against the owner of record of a parcel for the amount of the
difference. If that owner of record is a corporation, the court
may enter the deficiency judgment against the stockholder holding
a majority of that corporation's stock.
At any time prior to the filing of any entry of
confirmation of sale, any owner or lienholder of, or other person
with an interest in, a parcel may redeem the parcel by tendering
to the treasurer the full amount of the taxes, assessments,
charges, penalties, and interest due and unpaid on the parcel,
together with all costs incurred in the proceeding instituted
against the parcel under section 5721.18 of the Revised Code.
Upon the filing of any entry confirming the sale of the parcel,
there shall be no further equity of redemption. After the filing
of any such entry, any person claiming any right, title, or
interest in, or lien upon, the parcel shall be forever barred and
foreclosed of any such right, title, or interest in, lien upon,
and any equity of redemption in, the parcel.
............................
Clerk of the Court
..................... Court
....................., Ohio"
Sec. 5721.191. (A) Subject to division (B) of this
section, the form for the advertisement of a sale conducted
pursuant to section 5721.19 of the Revised Code shall be as
follows:
"Notice of sale under judgment of
foreclosure of liens for delinquent
land taxes
In the ............... court of ............., Ohio
case no.
in the matter of foreclosure of liens for
delinquent land taxes
county treasurer of ........................., Ohio
Plaintiff,
vs.
parcels of land encumbered with delinquent
tax liens,
Defendants.
Whereas, judgment has been rendered against certain parcels
of real property for taxes, assessments, charges, penalties,
interest, and costs as follows:
(Here set out, for each parcel, the respective permanent
parcel number, full street address, description of the parcel,
name and address of the last known owners of the parcel as shown
on the general tax list, and total amount of the judgment) and;
Whereas, such judgment orders such real property to be sold
by the undersigned to satisfy the total amount of such judgment;
Now, therefore, public notice is hereby given that I,
.................... (officer) of ..........................,
Ohio, will sell such real property at public auction, for cash,
to the highest bidder of an amount that equals at least (insert
here, as in the court's order, the fair market value of the
parcel as determined by the county auditor, or the total amount
of the judgment, including all taxes, assessments, charges,
penalties, and interest payable subsequent to the delivery to the
prosecuting attorney of the delinquent land tax certificate or
master list of delinquent tracts and prior to the transfer of the
deed of the property to the purchaser following confirmation of
sale), between the hours of ......... a.m. and ....... p.m., at
(address and location) in ..............., Ohio, on ...........,
the .......... day of ..............., 19.... If any parcel does
not receive a sufficient bid, it shall be offered for sale, under
the same terms and conditions of the first sale and at the same
time of day and at the same place, on ................, the
............ day of ............., 19..., for an amount that
equals at least (insert here, as in the court's order, the fair
market value of the parcel as determined by the county auditor,
or the total amount of the judgment, including all taxes,
assessments, charges, penalties, and interest payable subsequent
to the delivery to the prosecuting attorney of the delinquent
land tax certificate or master list of delinquent tracts and
prior to the transfer of the deed of the property to the
purchaser following confirmation of sale)."
(B) If the title search required by division (B) of
section 5721.18 of the Revised Code that relates to a parcel
subject to an in rem action under that division, or if the title
search that relates to a parcel subject to an in personam action
under division (A) of section 5721.18 of the Revised Code,
indicates that a federal tax lien exists relative to the parcel,
then the form of the advertisement of sale as described in
division (A) of this section additionally shall include the
following statement in boldface type:
"PUBLIC NOTICE IS HEREBY GIVEN THAT (INSERT HERE THE
DESCRIPTION OF EACH RELEVANT PARCEL) TO BE SOLD AT PUBLIC AUCTION
IS SUBJECT TO A FEDERAL TAX LIEN THAT MAY NOT BE EXTINGUISHED BY
THE SALE.
......................
(officer)"
(C) If the proceedings for foreclosure were instituted
under division (C) of section 5721.18 of the Revised Code, then
the form of the advertisement of sale as described in division
(A) of this section additionally shall include the following
statement in boldface type:
"Public notice is hereby given that (insert here the
description of each relevant parcel) to be sold at public auction
will be sold subject to all liens and encumbrances with respect
to the parcel, other than the liens for land taxes, assessments,
charges, penalties, and interest for which the lien was
foreclosed and in satisfaction of which the property is sold.
......................
(officer)"
Sec. 5901.29. The funeral director employed to perform the
service described by section 5901.25 of the Revised Code shall
use the blanks provided by this section, specifying what the
funeral director is to furnish for the service.
The contract shall be signed by the
funeral director and a copy thereof left with the veterans
service commission with which it is made. Such contract shall
read as follows:
"I ................, funeral director, residing at
................. hereby agree to furnish the following items for
the burial or cremation (circle one) of ..............., who resided at
..................., and died ............... 19,.........,
which
shall consist of:
(A) One casket, nicely covered with a good quality of
black cloth, lined with a good quality of white satin or other
material, and trimmed on the outside with handles of a fair
quality in keeping with the casket;
(B) One burial robe of a good quality of material;
(C) One plain box appropriate for receiving the coffin or
urn containing cremated remains inside the grave;
(D) Payment for digging the grave, in the place designated
by the friends of the deceased or as otherwise provided, and for
filling the grave in a proper manner;
(E) Furnishing a funeral car for conveying the remains to
the place of burial or crematory;
(F) Preparing the body for burial when so requested;
(G) Furnishing necessary transportation for the use of the
family, friends, and pallbearers, which people shall be returned
to their respective homes or to the place where the funeral
services were held;
(H) Furnishing a decent, respectable funeral, for the sum
of ...... dollars."
Sec. 5907.08. When a resident of the Ohio veterans' home becomes insane, the
commandant shall file with the probate judge of the county in which the home
is
located substantially the following affidavit: The
"THE State of Ohio,..........
county, ss. ..........., commandant of the Ohio veterans' home, being duly
sworn, says that he THE COMMANDANT believes that ............, a
resident thereof OF THE HOME, is insane;
that, in consequence of his THE RESIDENT'S insanity, his
THE RESIDENT'S being at large is dangerous to the
community, and that he THE RESIDENT was received into the home
from ............ county, on
the ...... day of ........., 19.....
....................A.B."
Sec. 5919.10. All men PERSONS enlisting in the Ohio national
guard
shall sign an enlistment contract and subscribe to the following
oath of enlistment: "
"I do hereby acknowledge to have voluntarily
enlisted this ...... day of ......, 19..., as a soldier in the
national guard of the United States and of the state of Ohio, for
the period of ...... year ......, under the conditions prescribed
by law, unless sooner discharged by proper authority. And I do
solemnly swear that I will bear true faith and allegiance to the
United States of America and to the state of Ohio, and that I
will serve them honestly and faithfully against all their enemies
whomsoever, and that I will obey the orders of the president of
the United States and of the governor of the state of Ohio, and
of the officers appointed over me according to law and the
regulations and uniform code of military justice." This
THIS section
shall not apply to personnel transferred or assigned to the Ohio
national guard under the laws and regulations of the United
States.
Sec. 5920.08. All persons enlisted in the Ohio military reserve shall sign an
enlistment contract and take and subscribe to an oath of enlistment as
follows:
"I do hereby acknowledge to have voluntarily enlisted
this..................day
of..............................., 19........., as a member of the Ohio
military reserve for a period of three years, under the conditions prescribed
by law, unless sooner discharged by proper authority. And I do solemnly swear
that I will bear true faith and allegiance to the United States of America and
to the state of Ohio; that I will serve them honestly and faithfully against
all their enemies whomsoever; and that I will obey the orders of the governor
of the state of Ohio and of the officers appointed over me according to law
and
the rules and regulations in accordance therewith."
Sec. 5921.05. Enlisted members shall be enlisted according to regulations
prescribed by the department of the navy for the governing of similar naval
organizations.
All persons enlisted in the Ohio naval militia shall sign an enlistment
contract and take and subscribe to an oath of enlistment as follows:
"I do hereby acknowledge to have voluntarily enlisted this ............... day
of ..............., 19.........., as a member of the Ohio naval militia
for a
period of three years, under the conditions prescribed by law, unless sooner
discharged by proper authority. And I do solemnly swear that I will bear true
faith and allegiance to the United States of America and to the state of Ohio;
that I will serve them honestly and faithfully against all their enemies
whomsoever; and that I will obey the orders of the governor of the state of
Ohio and of the officers appointed over me according to law and the rules in
accordance therewith."
Sec. 6101.84. The following forms illustrate the character
of the procedure contemplated by sections 6101.01 to 6101.84 of
the Revised Code THIS CHAPTER, and, if substantially
complied with, those
things being changed which should be changed to meet the
requirements of the particular case, such procedure shall be held to meet the
requirements of such sections THIS CHAPTER.
(A) Form of Notice of Hearing on the Petition:
"To all Persons and Public Corporations Interested:
Public Notice is Hereby Given:
(1) That on the ...... day of .........., 19...., pursuant
to the Conservancy Law of Ohio, there was filed in the office of
the Clerk of the Court of Common Pleas of ........... County,
Ohio, the petition of ............ and others for the
establishment of a Conservancy District to be known as ..........
Conservancy District.
(Here insert the purposes)
(2) That the lands sought to be included in said District
comprise lands in .......... and .......... Counties, Ohio,
described substantially as follows:
Beginning on the north line of .......... County at its
point of intersection with the west bank of the .......... River;
thence west along the north line of .......... County to the high
bluffs facing said .......... River on the west; thence following
the base of the line of said bluffs to the north line of the
right of way of the .......... Railroad; thence west along the
north right of way line of said Railroad to the center line of
........... Avenue in the Village of ..........; thence south
along the center line of .......... Avenue to the ..........
Pike; thence southeasterly along the .......... Pike to the
southeasterly line of the right of way of the ..........
Railroad; thence southeasterly along said right of way line to
the corporate limits of the City of ..........; thence with said
corporation line southerly, easterly, and northerly to the
southerly right of way line of the main track of the ..........
Railroad; thence easterly along said last named right of way line
to the boundary line between .......... Counties; thence north
along said County line to the southerly line of ..........
County; thence easterly along the dividing line between
.......... Counties to the easterly line of the right of way of
the .......... Railroad; thence northerly along said right of way
line to its intersection with the .......... Pike; thence
westerly along said Pike to the center line of the bridge over
.......... Creek; thence up said Creek and along the center line
thereof to the north line of .......... County; thence west to
the place of beginning.
Or, if found more convenient, the lands sought to be
included in the District may be described as follows:
All of Township .......... in Range ...... between the
.......... Railroad and the .......... River; the following lands
in .......... Township and ...... Range; Section ...... and the
...... half of Section ......; also all lands within the
corporate limits of the City of .......... etc.
(3) That a public hearing on said petition will be had in
said Court on ....... the ...... day of ........, ...., at the hour of
...... o'clock .....M. by the Court of Common Pleas of ..........
County, at the Courthouse in the City of .......... County, Ohio.
All persons and public corporations interested will be
given the opportunity to be heard at the time and place above
specified.
|
|
| Clerk of the Court of Common Pleas |
| of .................. County, Ohio. |
Dated .........., Ohio, .............., 19...."
(B) Form of Finding on Hearing:
"State of Ohio, | ) |
| ) ss. |
.......... County | ) |
In the Court of Common Pleas of .......... County. In Matter of ..........
Conservancy District:
FINDINGS AND DECREE ON HEARING
On this ...... day of ........, 19...., this cause coming
on for hearing upon the petition of .......... and others, for
the organization of a Conservancy District under the Conservancy
Law of Ohio, the Court, after a full hearing now here finds:
(1) That it has jurisdiction of the parties to and the
subject matter of this proceeding.
(2) That the purposes for which said District is
established are:
(Insert the purposes)
And that it is a public necessity.
(3) That the public safety, health, convenience, and
welfare will be promoted by the organization of a Conservancy
District substantially as prayed in said petition (if additional
lands are added by petition) except, that the following
additional lands at the petition of the owners thereof should be
and hereby are included in said District:
(Here insert additional lands)
(4) That the boundaries of said District as modified by
the last finding herein are as follows: (Here insert corrected
boundaries of district)
(5) That the said territory last above described should be
erected into and created a Conservancy District under the
Conservancy Law of Ohio under the corporate name of ............
Conservancy District.
Wherefore, it is by the Court ordered, adjudged, and
decreed:
That the territory as above described be, and the same
hereby is erected into and created a Conservancy District under
the Conservancy Law of Ohio under the corporate name of .........
Conservancy District, with its office or principal place of
business at .........., in .......... County, Ohio. (If
directors are appointed at the same time) And the following
persons are hereby appointed directors of said Conservancy
District:
..............., for the term of three years,
..............., for the term of four years (if the district includes all or
parts of more than sixteen counties),
..............., for the term of five years,
..............., for the term of six years (if the district includes all or
parts of more than sixteen counties),
..............., for the term of seven years, who are hereby directed to
qualify and proceed according to law.
(6) For consideration of other matters herein, this cause
is retained on the docket.
(C) Form of Notice to Persons and Public Corporations to
pay Assessment:
"To all Persons and Public Corporations Interested:
Public Notice is Hereby Given:
(1) That on the ...... day of ........, 19...., the Board
of Directors of The .......... Conservancy District duly levied an
assessment upon all the benefited property and public
corporations in said District in the aggregate sum of $.........,
has caused the same to be recorded upon the Assessment Record of
said District, and that said Assessment Record is now on file in
the office of the District at ............
(2) That the assessment against any parcel of land or any
public corporation may be paid to the Treasurer of The ..........
Conservancy District at any time on or prior to .........., 19 ....,
without
costs and without interest, and if so paid a discount of ten per
cent of the assessment will be allowed according to law.
(3) That as soon after the ..... day of ........, 19....,
as conveniently may be, the Board of Directors of said District
will divide the uncollected assessment into convenient
installments, provide for the collection of interest on the
unpaid installments, and will issue bonds bearing interest not
exceeding the rate provided in section 9.95 of the Revised Code
in anticipation of the collection of the several installments of
said assessment pursuant to the Conservancy Law of Ohio.
(D) Form of Bond and of Coupon:
(Form of Bond)
UNITED STATES OF AMERICA
State of Ohio
............. Conservancy District.
Conservancy Bond.
Know all Men PERSONS by These Presents that ...........
Conservancy District, a legally organized Conservancy District of the State
of Ohio, acknowledges itself to owe and for value received hereby
promises to pay to bearer ........ Dollars ($........) on the
first day of ........, 19...., with interest thereon from the
date hereof until paid at the rate of ...... per cent per annum,
payable ........, 19...., and semiannually thereafter on the
first day of ........ and of ........ in each year on
presentation and surrender of the annexed interest coupons as
they severally become due. Both principal and interest of this
bond are hereby made payable in lawful money of the United States
of America, at the office of the Treasurer of State, in the City
of Columbus, Ohio.
This bond is one of a series of bonds issued by ...........
Conservancy District for the purpose of paying the cost of
constructing a system of flood prevention (or for the other
works) for said District and in anticipation of the collection of
the several installments of an assessment duly levied upon lands
and public corporations within said District and benefited by
said improvement in strict compliance with the Conservancy Law of
Ohio, and pursuant to an order of the Board of Directors of said
District duly made and entered of record.
And it is hereby certified and recited that all acts,
conditions, and things required to be done in locating and
establishing said District and in equalizing appraisals of
benefits and in levying assessments against lands and public
corporations benefited thereby, and in authorizing, executing,
and issuing this bond, have been legally had, done, and performed
in due form of law; that the total amount of bonds issued by said
District does not exceed ninety per cent of the assessments so
levied and unpaid at the time said bonds are issued or any legal
limitation thereof.
And for the performance of all the covenants and
stipulations of this bond and of the duties imposed by law upon
said District for the collection of the principal and interest of
said assessments and the application thereof to the payment of
this bond and the interest thereon, and for the levying of such
other and further assessments as are authorized by law and as may
be required for the prompt payment of this bond and the interest
thereon, the full faith, credit, and resources of said ..........
Conservancy District are hereby irrevocably pledged.
In Testimony Whereof the Board of Directors of ............
Conservancy District has caused this bond to be signed by its
President and sealed with the corporate seal of said District,
attested by its Secretary, and registered by the Treasurer of
State, and the coupons hereto annexed to be executed by the
facsimile signatures of said President and Secretary, as of the ............
day of ................, 19.....
Attest:
........................
Secretary"
(Form of Coupon)
"$.......................
| (..........) | |
On the first day of | ( ) | 19,.... |
| (..........) | |
.................... Conservancy District promises to pay
to bearer ................ Dollars ($..........) lawful money of
the United States of America, at the office of the Treasurer of
State, Columbus, Ohio, being semiannual interest due on that date
on its Conservancy Bond dated ................, 19.....
No. ....................
........................
Secretary"
(E) Form of Notice of Enlargement of District:
"State of Ohio, | ) |
| ) ss. |
County of ............. | ) |
In the Court of Common Pleas,
................ County, Ohio.
In the Matter of
.................. Conservancy District
NOTICE OF ENLARGEMENT OF DISTRICT
To All Persons (and Public Corporations, if any) Interested:
Public Notice Is Hereby Given:
(1) That heretofore on the ...... day of ..........,
19...., the Court of Common Pleas of ................ County,
Ohio, duly entered a final decree erecting and creating
................ Conservancy District and appointing a Board of
Directors therefor.
(2) That thereafter this Court duly appointed
........................
........................
........................
........................ (if the district includes all or parts of more than
sixteen counties)
........................ (if the district includes all or parts of more than
sixteen counties)
to be the Board of Appraisers for said District. That said Board of
Appraisers on the ........ day of ............, 19...., filed its
report
recommending that the following described lands, not originally included in
the District, be added thereto:
(Here describe generally the lands which the Report of the
Board of Appraisers recommends should be added to the District).
(3) That on ........, the ........ day of ..............,
19...., (or as soon thereafter as the convenience of the Court
will permit), at the Courthouse in ............ of
.............., Ohio, the Court of Common Pleas of
.................. County, Ohio, will hear all persons and public
corporations interested upon the question whether said lands
should be added to and included in said ....................
Conservancy District.
|
|
| Clerk of the Court of Common Pleas of
County,
Ohio" |
(F) Form of Notice of Hearing on Appraisals:
"State of Ohio, | ) |
| ) ss. |
County of .............. | ) |
In the Court of Common Pleas, ........... County, Ohio.
In the Matter of | ) |
| ) |
Conservancy District | ) |
NOTICE OF HEARING ON APPRAISALS
To all Persons and Public Corporations Interested:
Public Notice Is Hereby Given:
(1) That heretofore on the ........ day of .............,
19...., the Court of Common Pleas of ................ County,
Ohio, duly entered a decree erecting and creating ...............
Conservancy District and appointing a Board of Directors
therefor.
(2) That thereafter this Court duly appointed
.................................................................
the Board of Appraisers for said District. That said Board of
Appraisers on the ........ day of ................, 19...., filed
its Appraisals of Benefits and Damages and of land to be taken as
follows: (Here insert general description of land appraised)
The said appraisal of benefits and damages and of land to
be taken is now on file in the office of the clerk of this court.
(3) All public corporations and all persons, owners of or
interested in the property described in said Report, whether as
benefited property or as property taken and damaged (whether said
taken or damaged property lies within or without said District),
desiring to contest the appraisals as made and returned by the
Board of Appraisers, must file their objections in said court on
or before the ........ day of ................, 19...., (here
insert a date thirty days after the last publication of the
notice) and a hearing on said appraisal will be had on the
........ day of ................, 19...., (here insert a date not
less than forty, nor more than fifty, days after the date of the
last publication of this notice, as fixed by the court) in the
City of .................., Ohio, at which time an opportunity
will be afforded all objectors to be heard upon their several
objections.
|
|
| Clerk of the Court of Common Pleas of ................... County, Ohio |
Dated at the City of .................., Ohio, this ....... day of
.................., 19....."
(G) Form of Certificate of Assessment Record:
"This is to Certify:
(1) That on the ........ day of ................, 19....,
the Board of Directors of The .................. Conservancy
District duly levied an assessment upon all the benefited
property and public corporations in said District in the
aggregate sum of $............, together with interest, and duly
apportioned said assessment to and levied said assessment upon
each tract of land or other property and each public corporation
in said District in proportion to the benefits thereto.
(2) That the said assessment and the apportionment thereof
upon the benefited lands and public corporations have been
recorded in the Conservancy Assessment Record of The
.................. Conservancy District which contains in tabular form
notation of the items of property and the public corporations to
which benefits have been appraised, the total amount of benefits
appraised against each item or public corporation and the total
assessment levied against each item or public corporation.
(3) That the Conservancy Assessment Record of The
................ Conservancy District contains a true and correct record of
the benefits approved and confirmed by the Court and of the
assessment levied by the Board of Directors thereof on ........
day of ............, 19.....
IN WITNESS WHEREOF, the President and Secretary,
respectively, of the Board of Directors of The ................
Conservancy District have hereunto set their hands and the
corporate seal of the said District this ........ day of
............, 19.....
(H) Form of Certificate of Annual Levy:
"This is to Certify:
(1) That on the ........ day of ............, 19...., the
Board of Directors of The ................ Conservancy District
determined, ordered, and levied the Annual Levy of 19....
(YEAR) upon
all the benefited property and public corporations in said
District in the aggregate sum of $................ for the
account of the Bond Retirement Fund of said District and pursuant
to and being a part of assessments heretofore levied.
(2) That the said Board of Directors has duly apportioned
said Annual Levy to all of the benefited properties and public
corporations in said District and that the respective amounts of
said Annual Levy imposed upon the benefited properties and public
corporations have been recorded in the Conservancy Assessment
Book of The ................ Conservancy District, which contains
a schedule thereof.
(3) That on the ........ day of ............, 19...., the
Board of Directors of The ................ Conservancy District
duly levied a maintenance assessment for the year 19...., in the
aggregate sum of $............ for the account of the Maintenance
Fund of said District. That said maintenance assessment has been
duly apportioned to the benefited properties and public
corporations in said District in proportion to benefits and that
the amounts of said maintenance assessment imposed upon the
properties and public corporations in said District have been
recorded in the Conservancy Assessment Book of The
................ Conservancy District.
(4) That the Conservancy Assessment Book contains a true
and correct record of the Annual Levy of 19....
(YEAR) and of the
maintenance assessment for the year 19.... as determined,
ordered, and levied by the Board of Directors of The
................. Conservancy District on the ........ day of
............, 19.....
(5) That the said amounts of said Annual Levy and of said
maintenance assessment shall be collectible and payable in the
year 19.... in the sums specified at the same time that the state
and county taxes are due and collectibel COLLECTIBLE.
IN WITNESS WHEREOF, the President and Secretary,
respectively, of the Board of Directors of the ................
Conservancy District have hereunto set their hands and the
corporate seal of this said District this ........ day of
............, 19.....
Sec. 6115.79. The following forms illustrate the character
of the procedure contemplated by this chapter, and if
substantially complied with, those things being changed which
should be changed to meet the requirements of the particular
case, such procedure shall be held to meet the requirements of
such sections THIS CHAPTER.
(A) Form of Notice of Hearing on the Petition:
"To All Persons Interested:
Public Notice is Hereby Given:
(1) That on the .......... day of .............., 19....,
pursuant to The Sanitary District Law of Ohio, there was filed in
the office of the Clerk of the Court of Common Pleas of
............. County, Ohio, the petition of
...................... and others for the establishment of a
Sanitary District to be known as .................... Sanitary
District. (Here insert the purposes.)
(2) That the lands sought to be included in the District
comprise lands in .................. and ..................
Counties, Ohio, described substantially as follows:
Beginning on the north line of ......................
County at its point of intersection with the west bank of the
............ River; thence west along the north line of
............ County to the high bluffs facing the ............
River on the west; thence following the base of the line of said
bluffs to the north line of the right-of-way of the
...................... Railroad; thence west along the north
right-of-way line of the Railroad to the center line of
................ Avenue in the Village of ..................;
thence south along the center line of ................ Avenue to
the ................ Pike; thence southeasterly along the
................ Pike to the southeasterly line of the
right-of-way of the ................ Railroad; thence
southeasterly along the right-of-way line to the corporate limits
of the City of ................; thence with the corporation line
southerly, easterly, and northerly to the southerly right-of-way
line of the main track of the ................ Railroad; thence
easterly along the last named right-of-way line to the boundary
line between ................ Counties; thence north along the
County line to the southerly line of ................. County;
thence easterly along the dividing line between ................
Counties to the easterly line of the right-of-way of the
................ Railroad; thence northerly along the
right-of-way line to its intersection with the ................
Pike; thence westerly along the Pike to the center line of the
bridge over ................ Creek; thence up the Creek and along
the center line thereof to the north line of ..............
County; thence west to the place of beginning.
Or, if found more convenient, the lands sought to be
included in the District may be described as follows:
All of Township ................ in Range ................
between the ................ Railroad and the ..................
River; the following lands in .......... Township and ...........
Range; Section .......... and the ................ half of
Section ................; also all lands within the corporate
limits of the City of .................. etc.
(3) That a public hearing on the petition will be had in
said Court on .......... the ............ day of ............, ...., at
the hour of ........ o'clock ......M. by the Court of Common
Pleas of .................... County, at the Courthouse in the
City of .................., .................. County, Ohio.
All persons and public corporations owning or interested in
real estate within the territory hereinbefore described will be
given the opportunity to be heard at the time and place above
specified.
...............................................
Clerk of the Court of Common Pleas of .........
County, Ohio.
Dated ................, Ohio, ................, 19...."
(B) Form of Finding on Hearing:
"State of Ohio, )
) ss.
.................... County )
In the Court of Common Pleas ............ County. In
IN THE Matter of ................
................ Sanitary District:
FINDINGS AND DECREE ON HEARING.
On this ............ day of ................, 19...., this
cause coming on for hearing on the petition of ..............
and others, for the organization of a Sanitary District under the
Sanitary District Law of Ohio, the Court, after a full hearing
now here finds:
(1) That it has jurisdiction of the parties to and the
subject matter of this proceeding.
(2) That the purposes for which said District is
established are:
(Insert the purposes.)
And that it is a public necessity.
(3) That the public safety, health, convenience, and
welfare will be promoted by the organization of a Sanitary
District substantially as prayed in the petition (if additional
lands are added by petition), except that the following
additional lands at the petition of the owners thereof should be
and hereby are included in the District:
(Here insert additional lands.)
(4) That the boundaries of the District as modified by the
last finding herein are as follows:
(Here insert corrected boundaries of district.)
(5) That the territory last above described should be
erected into and created a Sanitary District under the Sanitary
District Law of Ohio under the corporate name of ................
Sanitary District.
Wherefore, it is by the Court ordered, adjudged, and
decreed:
That the territory as above described be, and the same
hereby is erected into and created a Sanitary District under the
Sanitary District Law of Ohio under the corporate name of
................ Sanitary District, with its office or principal
place of business at ................, in ................
County, Ohio. (If directors are appointed at the same time.) And
the following persons are hereby appointed directors of the
Sanitary District:
................ for the term of three years,
................ for the term of five years,
................ for the term of seven years,
who are hereby directed to qualify and proceed according to law.
(6) For consideration of other matters herein, this cause
is retained on the docket.
............................ Judge."
(C) Form of Notice to Property Owners to Pay Assessment:
".................. Sanitary District.
To All Persons Interested:
Public Notice is Hereby Given:
(1) That on the ................ day of ................,
19...., the Board of Directors of ................ Sanitary
District duly levied for the account of the Bond Fund of said
District an assessment upon all the property in the District in
the aggregate sum of $................, has caused the same to be
extended upon the assessment duplicate of said District, and that
the assessment duplicate is now in process of collection by the
County Treasurer of the County in which the lands are situated.
(2) That the entire assessment against any parcel of land
may be paid at any time on or prior to ................, 19....,
without costs and without interest.
(3) That as soon after the ........ day of ..............,
19...., as conveniently may be, the Board of Directors of the
District will divide the uncollected portion of the assessment
into convenient installments and will issue bonds bearing
interest not exceeding the rate provided in section 9.95 of the
Revised Code in anticipation of the collection of the several
installments of said assessment, pursuant to the Sanitary
District Law of Ohio.
................................
President.
................................
Secretary."
(D) Form of Notice of Enlargement of District:
"State of Ohio, )
) ss.
County of ................... )
In the Court of Common Pleas
............... County, Ohio
In the Matter of
............... Sanitary District:
NOTICE OF ENLARGEMENT OF DISTRICT.
NOTICE OF ENLARGEMENT OF DISTRICT.
To All Persons (and Public Corporations, if any)
Interested:
Public
PUBLIC Notice is Hereby Given:
(1) That heretofore on the ...... day of .............,
19..., the Court of Common Pleas of ......... County, Ohio, duly
entered a final decree erecting and creating ...................
Sanitary District and appointing a Board of Directors therefor.
(2) That thereafter this Court duly appointed
........................
........................
........................
to be the Board of Appraisers for said District. That the Board
of Appraisers on the ..... day of .........., 19...., filed its
report recommending that the following described lands, not
originally included in the District, be added thereto:
(Here describe generally the lands which the Report of the Board
of Appraisers recommends should be added to the District.)
(3) That on ........., the ....... day of ...............,
19...., (or as soon thereafter as the convenience of the Court
will permit), at the Courthouse in ......... of ................,
Ohio, the Court of Common Pleas of .......... County, Ohio, will
hear all persons and public corporations, who are owners of or
interested in the property described in this notice upon the
question whether the lands should be added to and included in the
................ Sanitary District.
.....................................
Clerk of the Court of Common Pleas of
........................ County, Ohio"
(E) Form of Notice of Hearing on Appraisals:
"State of Ohio, )
) ss.
County of ..................... )
In the Court of Common Pleas
............... County, Ohio
In the matter of
"......................."
SANITARY DISTRICT:
Sanitary District
NOTICE OF HEARING ON APPRAISALS.
To All Persons and Public Corporations Interested:
Public Notice is Hereby Given:
(1) That heretofore on the ...... day of ........., 19...,
the Court of Common Pleas of ........... County, Ohio, duly
entered a decree, erecting and creating ............... Sanitary
District and appointing a Board of Directors therefor.
(2) That thereafter this Court duly appointed
.............................
.............................
.............................
the Board of Appraisers for said District. That the Board of
Appraisers on the ...... day of ............, 19...., filed its
Appraisal of Benefits and Damages and of land to be taken as
follows: (Here insert general description of land appraised.)
The appraisal of benefits and damages and of land to be
taken is now on file in the office of the clerk of this court.
(3) All public corporations and all persons, owners of or
interested in the property described in the Report, whether as
benefited property or as property taken and damaged (whether the
taken or damaged property lies within or without the District),
desiring to contest the appraisals as made and returned by the
Board of Appraisers, must file their objections in the court on
or before the ...... day of .........., 19...., (here insert a
date ten (10) days after the last publication of the notice) and
a hearing on the appraisal will be had on the ..... day of
........., 19...., (here insert a date not less than twenty (20),
nor more than thirty (30), days after the date of the last
publication of this notice, as fixed by the court) in the City of
............, Ohio, at which time an opportunity will be afforded
all objectors to be heard upon their several objections.
.............................
..................................
Clerk of the Court of Common Pleas
of ................ County, Ohio.
Dated at the City of ............, Ohio, this ...... day of
..............., 19....."
(F) Form of Certificate of Levy of Assessments:
"State of Ohio, )
) ss.
County of .................. )
To the Auditor of ................. County, Ohio:
This is to certify that by virtue and under the authority
of the Sanitary District Law of Ohio, the Board of Directors of
............ Sanitary District have and do hereby levy the sum of
............ Dollars for the account of the Bond Fund of said
District, which assessment bears interest as provided by law and
is payable in installments as follows: (Here insert.)
You are further notified that for the account of the
Maintenance Fund for the year 19....., this Board has levied the
sum of ............ Dollars.
The amounts of the levies upon the several parcels of land
upon which the same are imposed are set forth upon the schedule
hereunto attached, marked ............ Sanitary District
Assessment Book. The assessments shall be collectible and
payable the present year in the sums therein specified at the
same time that the state and county taxes are due and
collectible, and you are directed and ordered to require the
Treasurer of ........ County, Ohio, to demand and collect such
assessments at the time that he THE TREASURER demands and
collects the state
and county taxes due on the same lands, and this Sanitary
District Assessment Book shall be your authority and the
authority of the Treasurer to make such collection.
Witness the signature of the President of the Board of
Directors, attested by the seal of said corporation, and the
signature of its Secretary, this ..... day of .........., 19....
..........................
President.
..........................
Secretary."
Section 2. That existing sections 101.53, 153.571, 317.113, 317.24,
981.02, 1311.56, 2715.041, 2737.05, 2935.17, 2935.18, 2935.19,
2941.06, 3113.215, 3501.31, 3509.04, 3513.07, 3513.261, 3769.04,
4561.25, 4703.10, 5309.15, 5721.15, 5721.181, 5721.191, 5901.29,
5907.08, 5919.10, 5920.08, 5921.05, 6101.84, and 6115.79 of the
Revised Code are hereby repealed.
Section 3.
Notwithstanding section 101.53 of the Revised Code as
amended by this act, or any rule adopted pursuant thereto, bills for the 123rd
General Assembly are to
continue to be prepared as directed in Joint Rule 14.
Section 4. The Legislative Service Commission, under section
101.53 of the Revised Code as amended by this act, first shall
direct how insertion of new matter and omission of old matter is
to be indicated with respect to bills prepared for the 124th
General Assembly. Joint Rule 14 does not apply to the preparation
of bills for the 124th General Assembly insofar as it is
incompatible with section 101.53 of the Revised Code as amended by
this act or with any rule the Legislative Service Commission adopts
under that section.
Section 5.
This act is hereby declared to be an emergency measure necessary
for the immediate preservation of the public peace, health, and safety. The
reason for the necessity lies in the fact that
fixing legislative drafting forms by rule promises to simplify the
formalities of legislative drafting, improve engrossing
efficiency, reduce engrossing error, and improve the readability
of bills and acts, and in the fact that
numerous statutorily created
forms, including, but not limited to, forms pertaining to elections,
calculation of child support obligations, and tax foreclosure and forfeiture
proceedings, contain references to "19..." dates that soon will be
inappropriate with the dawn of a new millenium. Therefore, this act shall go
into immediate effect.
|