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Sub. H. B. No. 208As Reported by the Senate Judiciary--Civil Justice CommitteeAs Reported by the Senate Judiciary--Civil Justice Committee
124th General Assembly | Regular Session | 2001-2002 |
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REPRESENTATIVES Raga, Willamowski, Grendell, Manning, Jones, Latta, DePiero, Seitz, Allen, Barrett, Carano, Beatty, DeWine, Gilb, Niehaus, Fessler, Flowers, Hughes, Key, Kilbane, Woodard, Barnes, Hagan, Evans, Latell, Patton, Husted, Williams, Schmidt, Buehrer, Roman, Faber, Young, Aslanides, Flannery, White, Collier, Peterson, Coates, Webster, Perry, Cirelli, S. Smith, G. Smith, Widowfield, Strahorn, Reidelbach, Hollister, D. Miller, R. Miller, Boccieri, Sferra, Otterman, Womer Benjamin, Salerno
SENATOR Jacobson
A BILL
To amend sections 3119.961, 3123.21, and 3123.22 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, 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, to modify the amount of a child support
payment that is for an arrearage, and to modify the
procedures a child support enforcement agency may
take to collect an arrearage.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3119.961, 3123.21, and 3123.22 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.
Sec. 3123.21. (A) A withholding or deduction notice described
in
section
3121.03 of the Revised Code or an order to collect
current
support due under a support order
and any arrearage owed
by the
obligor under a support order pertaining to the
same child
or
spouse shall
require
be rebuttably presumed to provide that the
arrearage amount collected with
each
payment of current support
equal at least twenty per cent of the
current
support payment
unless, for good cause shown, a lesser
arrearage amount is
required to be collected. For purposes of this section, "good cause" includes a change
in
the obligor's circumstances that would make payment of current
support
and payment of the arrearage in an amount equal to at
least twenty per
cent of the current support payment a hardship on
the obligor.
"Good cause" exists if the amount of each current
support payment
and arrearage amount would exceed the maximum
amount permitted to
be withheld from the obligor under section
303(b) of the
"Consumer
Credit Protection Act," 15
U.S.C.
1673(b).
(B) A court or administrative hearing officer may consider
evidence of household expenditures, income variables,
extraordinary health care issues, and other reasons for a
deviation from the twenty per cent presumption.
Sec. 3123.22. Except as otherwise provided in this section,
if an obligor
is paying off an arrearage owed under a
support
order pursuant to a withholding or deduction notice or order
issued
under section 3121.03 of the Revised Code, a support
order
newly issued or modified,
or any other order issued to collect the
arrearage, the child support
enforcement agency administering the
notice or order may also
do
take any action, including, but not
limited to, any of the following
to collect any arrearage
amount
that has not yet been collected under the
notice or order, unless
the obligee and obligor agree in a writing signed by the obligee
and obligor and approved by the court by journal entry that the
additional actions be limited to the actions
provided for in
division (C) of this section: (A) Issue one or more withholding or deduction notices under
section 3121.03 of the Revised Code; (B) Collect pursuant to section 3121.12 of the Revised Code
a lump sum payment
owed to the obligor; (C) Collect pursuant to sections 3123.81 to 3123.823 of the
Revised Code any
federal or state income tax refund owed to the
obligor; (D) Issue a withdrawal directive pursuant to sections
3123.24 to
3123.38 of the Revised Code; (E) Obtain administrative offset pursuant to section 3123.85
of the Revised Code. This section applies only to support orders issued on or
after
the effective date of this section under which arrearages
have arisen on
or after that date.
Section 2. That existing sections 3119.961, 3123.21, and
3123.22 of the Revised Code
are hereby repealed.
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