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Sub. H. B. No. 208As Reported by the House Civil and Commercial Law CommitteeAs Reported by the House Civil and Commercial Law Committee
124th General Assembly | Regular Session | 2001-2002 |
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REPRESENTATIVES Raga, Willamowski, Grendell, Manning, Jones, Latta, DePiero, Seitz
A BILL
To amend section 3119.961 and to enact section
3121.441 of the Revised Code to give
courts
authority to permit direct payment of
spousal
support in cases involving no minor
children,
instead of requiring payment through the
Department
of Job and Family Services and to
clarify the court
of common pleas' jurisdiction in a motion for
relief from a final judgment or administrative
determination of
parentage or related child
support.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 3119.961 be amended and section
3121.441 of the Revised Code be
enacted to read as follows:
Sec. 3119.961. (A) Notwithstanding the provisions to the
contrary
in
civil rule
Civil Rule 60(B) and in accordance with
this
section,
a person
may file a motion for relief from a final
judgment, court
order, or
administrative determination or order
that determines
that the person or a
male minor referred to in
division (B) of
section 3109.19 of the
Revised Code is the father
of a child or
from a child
support order under which the
person
or
male minor is
the obligor.
The
Except as otherwise provided in
this section, the person shall file the motion in the
juvenile
division of the
court
or other court with jurisdiction under
section 2101.022 or
2301.03 of the Revised Code
of common pleas of
the county in which the original
judgment, court order,
administrative
determination or order, or
child support order was
made, except that,
if
or issued or in the division of the court of
common pleas of the county that has jurisdiction involving the
administrative determination or order. If the determination of
paternity is an acknowledgment of
paternity that has become final
under section 2151.232, 3111.25, or
3111.821 of the Revised Code
or former section 3111.211 or
5101.314 of the Revised Code, the
person shall file the
motion in
the juvenile court or other court
with jurisdiction of the county in which the
person or the child
who is the subject of the acknowledgment
resides. (B) On the motion of any adverse party or on its own
motion,
the court in which an action is brought under this section may
transfer the action to the
county in which an adverse party
resides when it appears to the court that
the location of the
original venue presents a hardship for that adverse party.
Sec. 3121.441. (A) Notwithstanding the provisions of this
chapter, Chapters 3119., 3123., and 3125., and sections 3770.071
and
5107.20 of the Revised Code providing for the office of child
support in the department of job and family services to collect,
withhold, or deduct spousal support, when a court pursuant to
section 3105.18 or 3105.65 of the Revised Code issues or
modifies
an order requiring an obligor to pay spousal support or grants or
modifies a decree of dissolution of marriage incorporating a
separation agreement that provides for spousal support, or at any
time
after the issuance, granting, or modification of an order or
decree of that type, the court may
permit the obligor to make the
spousal support payments directly
to the obligee instead of to the
office if the obligee and the
obligor have no minor children born
as a result of their marriage
and the obligee has not assigned the
spousal support amounts to
the department pursuant to section
5101.59 or 5107.20 of the
Revised Code. (B) A court that permits an obligor to make spousal support
payments directly to the obligee pursuant to division (A) of this
section shall order the obligor to make the spousal support
payments as a check, as a money order, or in any other form that
establishes a clear record of payment.
(C) If a court permits an obligor to make spousal support
payments directly to an obligee pursuant to division (A) of this
section and the obligor is in default in making any spousal
support payment to the obligee, the court, upon motion of the
obligee or on its own motion, may rescind the permission granted
under that division. After the rescission, the court shall
determine the amount of arrearages in the spousal support payments
and order the obligor to make to the office of child support in
the department of job and family services any spousal support
payments that are in arrears and any future spousal support
payments. Upon the issuance of the order of the court under this
division, the provisions of this chapter, Chapters 3119., 3123.,
and 3125., and sections 3770.071 and 5107.20 of the Revised Code
apply with respect to the collection, withholding, or deduction of
the obligor's spousal support payments that are the subject of
that order of the court.
Section 2. That existing section 3119.961 of the Revised Code
is hereby repealed.
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