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Sub. H. B. No. 657As Reported by the Senate Finance and Financial Institutions Committee
As Reported by the Senate Finance and Financial Institutions Committee
124th General Assembly | Regular Session
| 2001-2002 |
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REPRESENTATIVES Reidelbach, G. Smith, Britton, McGregor, R. Miller, D. Miller, Williams, Kilbane, Kearns, Jolivette, Hughes, Otterman, Schmidt, Patton, Coates, Cates, Willamowski, Ogg, Latell, Flowers, Rhine, Roman, Fessler
SENATOR Spada
A BILLTo amend sections 1349.01, 2151.231, 2151.33, 2151.49,
3111.81, 3113.07, 3119.01, 3119.30, 3119.301,
3119.31, 3119.33, 3119.34, 3119.35, 3119.38,
3119.40, 3119.46, 3119.47, 3119.48, 3119.49,
3119.491,
3119.50, 3119.52, 3119.53, 3119.54,
3119.56,
3119.57, 3119.58, 3119.76, 3121.03,
3121.035,
3121.27,
3121.58, 3121.67, 3121.896,
3123.01,
3123.03,
3123.031, 3123.04, 3123.05,
3123.06,
3123.062,
3123.17, 3123.25, 3123.42,
3123.53,
3123.62,
3123.66, 3123.67, 3123.92,
3924.48,
3924.49, and 4705.021; to amend,
for the
purpose of
adopting new section numbers as
indicated in
parentheses, sections 3119.31
(3119.32), 3119.33
(3119.46), 3119.34 (3119.47),
3119.35 (3119.48),
3119.37 (3119.49), 3119.38
(3119.50), 3119.40 (3119.43), 3119.46
(3119.352),
3119.47 (3119.42), 3119.48 (3119.361),
3119.49
(3119.362), 3119.491 (3119.363), 3119.50
(3119.364), 3119.52 (3119.421), 3119.53 (3119.422),
3119.57 (3119.44), 3119.58 (3119.45), 3123.031
(3123.033), and 3123.062 (3123.07); to enact new
sections 3119.31, 3119.33, 3119.34, 3119.35,
3119.37, 3119.38, 3119.40, 3119.41, 3119.51,
3123.031, 3123.061, and
3123.18 and
sections
3119.29, 3119.291, 3119.351, 3119.36,
3119.39,
3123.021, 3123.022, 3123.023, 3123.032,
3123.034,
3123.171,
3123.181, 3123.182, and
3123.183; and to
repeal sections 3119.41,
3119.43,
3119.44, 3119.45,
3119.51, 3123.061,
3123.07,
3123.071, and 3123.18
of the Revised Code
to revise
the law governing
child support
enforcement and to
declare an
emergency.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 1349.01, 2151.231, 2151.33,
2151.49, 3111.81, 3113.07, 3119.01, 3119.30, 3119.301, 3119.31,
3119.33, 3119.34, 3119.35, 3119.38, 3119.40, 3119.46, 3119.47,
3119.48,
3119.49, 3119.491, 3119.50, 3119.52, 3119.53, 3119.54,
3119.56,
3119.57, 3119.58, 3119.76, 3121.03, 3121.035,
3121.27,
3121.58,
3121.67, 3121.896, 3123.01, 3123.03,
3123.031,
3123.04,
3123.05,
3123.06, 3123.062,
3123.17, 3123.25, 3123.42,
3123.53,
3123.62,
3123.66, 3123.67, 3123.92, 3924.48, 3924.49, and
4705.021
be
amended, sections 3119.31 (3119.32), 3119.33
(3119.46), 3119.34
(3119.47), 3119.35 (3119.48), 3119.37
(3119.49), 3119.38
(3119.50), 3119.40 (3119.43), 3119.46 (3119.352), 3119.47
(3119.42), 3119.48
(3119.361), 3119.49 (3119.362), 3119.491
(3119.363), 3119.50
(3119.364), 3119.52 (3119.421), 3119.53
(3119.422), 3119.57
(3119.44), 3119.58 (3119.45), 3123.031
(3123.033), and 3123.062
(3123.07) be
amended for the purpose of
adopting new section
numbers as
indicated in parentheses, and new
sections 3119.31,
3119.33, 3119.34, 3119.35, 3119.37, 3119.38,
3119.40, 3119.41, 3119.51, 3123.031,
3123.061, and 3123.18 and
sections 3119.29,
3119.291, 3319.351, 3119.36,
3119.39, 3123.021,
3123.022, 3123.023,
3123.032, 3123.034,
3123.171,
3123.181,
3123.182, and 3123.183 of
the
Revised Code be
enacted to read as
follows:
Sec. 1349.01. (A) As used in this section: (1) "Consumer reporting agency" has the same meaning as in
the "Fair Credit Reporting Act," 84 Stat. 1128, 15 U.S.C.A.
1681a. (2) "Court" means the division of the court of common
pleas
having jurisdiction over actions for divorce, annulment,
dissolution of marriage, legal separation, child support, or
spousal support. (3) "Health insurance coverage" means hospital, surgical,
or
medical expense coverage provided under any health insurance
or
health care policy, contract, or plan or any other health
benefits
arrangement. (4) "Provider" has the same meaning as in section
3902.11
of the Revised Code. (B) If, pursuant to an action for divorce, annulment,
dissolution of marriage, or legal separation, the court
determines
that a party who is a resident of this state is responsible
for
obtaining health
insurance coverage for the party's former spouse
or children or if,
pursuant to a child support order issued in
accordance
with sections
3119.30
3119.29 to
3119.58
3119.56
of
the Revised Code,
the court requires a party who is a resident of
this
state to
obtain health
insurance coverage for the children
who are the
subject of the
child support order, and the party
fails to obtain
such coverage,
no provider or collection agency
shall collect or
attempt to
collect from the former spouse,
children, or person
responsible for the children, any
reimbursement of
any hospital,
surgical, or medical expenses
incurred by the
provider for
services rendered to the former
spouse or children,
which expenses
would have been covered but for
the failure of the
party to obtain
the coverage, if the former
spouse, any of the children, or a
person responsible for the
children, provides the following to the
provider or
collection
agency: (1) A copy of the court order requiring the party to obtain
health insurance coverage for the former spouse or children. (2) Reasonable assistance in locating the party and
obtaining information
about the party's health insurance coverage. (C) If the requirements of divisions (B)(1) and (2)
of this
section are not met, the provider or collection agency
may collect
the hospital, surgical, or medical expenses both
from the former
spouse or person responsible for the children
and from the party
who failed to obtain the coverage. If the
requirements of
divisions (B)(1) and (2) are met, the
provider or collection
agency may collect or attempt to collect
the expenses only from
the party. A party required to obtain health insurance coverage for a
former spouse or children who fails to obtain the coverage is
liable to the provider for the hospital, surgical, or medical
expenses incurred by the provider as a result of the failure to
obtain the coverage. This section does not prohibit a former
spouse or person responsible for the children from initiating an
action to enforce the order requiring the party to obtain health
insurance for the former spouse or children or to collect any
amounts the former spouse or person responsible for the children
pays for hospital, surgical, or medical expenses for which the
party is responsible under the order requiring the party to
obtain
health insurance for the former spouse or children. (D)(1) If the requirements of divisions (B)(1) and (2) of
this
section are met, both of the following restrictions shall
apply: (a) No collection agency or provider of hospital,
surgical,
or medical services may report to a consumer reporting
agency, for
inclusion in the credit file or credit report of the
former spouse
or person responsible for the children, any
information relative
to the nonpayment of expenses for the
services incurred by the
provider, if the nonpayment is the
result of the failure of the
party responsible for obtaining
health insurance coverage to
obtain health insurance coverage. (b) No consumer reporting agency shall include in the credit
file or credit
report of the former spouse or person responsible
for the children, any
information relative to the nonpayment of
any hospital, surgical, or medical
expenses incurred by a provider
as a result of the party's failure to obtain
the coverage.
(2) If the requirements of divisions (B)(1) and (2) of this
section are not met, both of the following provisions shall
apply: (a) A provider of hospital, surgical, or medical services,
or a collection
agency, may report to a consumer reporting agency,
for inclusion in the credit
file or credit report of the former
spouse or person responsible for the
children, any information
relative to the nonpayment of expenses for the
services incurred
by the provider, if the nonpayment is the result of the
failure of
the party responsible for obtaining health insurance coverage to
obtain such coverage. (b) A consumer reporting agency may include in the credit
file or credit
report of the former spouse or person responsible
for the children, any
information relative to the nonpayment of
any hospital, surgical, or medical
expenses incurred by the
provider, if the nonpayment is the result of the
failure of the
party responsible for obtaining health insurance coverage to
obtain such coverage. (3)(a) A provider of hospital, surgical, or medical
services, or a collection
agency, may report to a consumer
reporting agency, for inclusion in the credit
file or credit
report of that party, any information relative to the
nonpayment
of expenses for the services incurred by the provider, if the
nonpayment is the result of the failure of the party responsible
for obtaining
health insurance coverage to obtain such coverage. (b) A consumer reporting agency may include in the credit
file or credit
report of the party responsible for obtaining
health insurance coverage, any
information relative to the
nonpayment of any hospital, surgical, or medical
expenses incurred
by a provider, if the nonpayment is the result of the
failure of
that party to obtain health insurance coverage. (4) If any information described in division (D)(2) of this
section is placed
in the credit file or credit report of the
former spouse or person responsible
for the children, the consumer
reporting agency shall remove the information
from the credit file
and credit report if the former spouse or person
responsible for
the children provides the agency with the information required
in
divisions (B)(1) and (2) of this section. If the agency fails to
remove
the information from the credit file or credit report
pursuant to the terms of
the "Fair Credit Reporting Act," 84 Stat.
1128, 15 U.S.C. 1681a, within a
reasonable time after receiving
the information required by divisions (B)(1)
and (2) of this
section, the former spouse may initiate an action to require
the
agency to remove the information. If any information described in division (D)(3) of this
section is placed in
the party's credit file or credit report, the
party has the burden of proving
that the party is not responsible
for obtaining the health insurance coverage
or, if responsible,
that the expenses incurred are not covered expenses. If
the party
meets that burden, the agency shall remove the information from
the
party's credit file and credit report immediately. If the
agency fails to
remove the information from the credit file or
credit report immediately after
the party meets the burden, the
party may initiate an action to require the
agency to remove the
information.
Sec. 2151.231. The parent, guardian, or custodian of a
child, the
person with whom a child resides, or the child support
enforcement agency of
the county in which the child, parent,
guardian, or custodian of the child
resides may bring an
action in
a juvenile court
or other court with jurisdiction under section
2101.022 or 2301.03 of the
Revised Code
under this section
requesting the court to issue an
order requiring a parent of the
child to pay an amount for the support of the
child without regard
to the marital status of the child's parents. No
action may be
brought under this section against a person presumed to be the
parent of a child based on an acknowledgment of paternity that has
not yet
become final under former section 3111.211 or 5101.314 or
section 2151.232,
3111.25, or 3111.821 of the Revised Code. The parties to an action under this section may raise the
issue of the
existence or nonexistence of a parent-child
relationship, unless a final and
enforceable determination of the
issue has been made with respect to the
parties pursuant to
Chapter 3111. of the Revised Code or an acknowledgment
of
paternity signed by the child's parents has become final pursuant
to
former section 3111.211 or 5101.314 or
section 2151.232,
3111.25, or
3111.821 of the Revised Code. If a complaint is
filed
under this section and an issue concerning the existence or
nonexistence of a
parent-child relationship is raised, the court
shall treat the action as an
action pursuant to sections 3111.01
to 3111.18 of the
Revised Code. An order issued in an
action
under this section does not preclude a party to the action from
bringing a subsequent action pursuant to sections 3111.01 to
3111.18 of the Revised Code if the issue
concerning the existence
or nonexistence of the parent-child relationship was
not
determined with respect to the party pursuant to a proceeding
under
this section, a proceeding under Chapter 3111. of the
Revised Code, or an
acknowledgment of paternity that has become
final under former section
3111.211 or 5101.314 or section
2151.232,
3111.25, or 3111.821
of the Revised Code. An order
issued pursuant to this
section shall remain effective until an
order is issued pursuant to sections
3111.01 to 3111.18 of the
Revised Code that a
parent-child relationship does
not exist
between
the alleged father of the child and the child or until the
occurrence of an
event described in section
3119.88 of the
Revised Code that would require the
order to terminate. The court, in accordance with sections
3119.30
3119.29
to
3119.58
3119.56 of the
Revised Code, shall include in each
support
order made under this section the requirement that one or both of
the
parents provide for the health care needs of the child to the
satisfaction of
the court.
Sec. 2151.33. (A) Pending hearing of a complaint filed
under section 2151.27 of the Revised Code or a motion filed or
made under division (B) of this section and the service of
citations, the juvenile court may make any temporary disposition
of any child that it considers necessary to protect the best
interest of the child and that can be made pursuant to division
(B) of this section. Upon the certificate of one or more
reputable practicing physicians, the court may summarily provide
for emergency medical and surgical treatment that appears to be
immediately necessary to preserve the health and well-being of
any
child concerning whom a complaint or an application for care
has
been filed, pending the service of a citation upon the
child's
parents, guardian, or custodian. The court may order the
parents,
guardian, or custodian, if the court finds the parents,
guardian,
or custodian able to do so, to reimburse the court for
the expense
involved in providing the emergency medical or
surgical treatment.
Any person who disobeys the order for
reimbursement may be
adjudged in contempt of court and punished
accordingly. If the emergency medical or surgical treatment is furnished
to a child who is found at the hearing to be a nonresident of the
county in which the court is located and if the expense of the
medical or surgical treatment cannot be recovered from the
parents, legal guardian, or custodian of the child, the board of
county commissioners of the county in which the child has a legal
settlement shall reimburse the court for the reasonable cost of
the emergency medical or surgical treatment out of its general
fund. (B)(1) After a complaint, petition, writ, or other document
initiating a case dealing with an alleged or adjudicated abused,
neglected, or dependent child is filed and upon the filing or
making of a motion pursuant to division (C) of this section, the
court, prior to the final disposition of the case, may issue any
of the following temporary orders to protect the best interest of
the child: (a) An order granting temporary custody of the child to a
particular party; (b) An order for the taking of the child into custody
pursuant to section 2151.31 of the Revised Code pending the
outcome of the adjudicatory and dispositional hearings; (c) An order granting, limiting, or eliminating parenting
time or
visitation
rights with respect to the child; (d) An order requiring a party to vacate a residence that
will be lawfully occupied by the child; (e) An order requiring a party to attend an appropriate
counseling program that is reasonably available to that party; (f) Any other order that restrains or otherwise controls
the
conduct of any party which conduct would not be in the best
interest of the child. (2) Prior to the final disposition of a case subject to
division
(B)(1) of this section, the court shall do both of the
following: (a) Issue an order pursuant to
Chapters 3119. to 3125. of
the Revised Code requiring
the parents, guardian, or person
charged with
the child's
support to pay support for the child. (b) Issue an order requiring the parents, guardian, or
person
charged with the child's support to continue to maintain
any
health insurance coverage for the child that existed at the
time of the filing of the complaint, petition, writ, or other
document, or to
obtain health insurance coverage in accordance
with
sections
3119.30
3119.29 to
3119.58
3119.56 of the
Revised
Code. (C)(1) A court may issue an order pursuant to division (B)
of this section upon its own motion or if a
party files a written
motion or makes an oral motion requesting
the issuance of the
order and stating the reasons for it. Any
notice sent by the
court as a result of a motion pursuant to this division
shall
contain a notice
that any party to a juvenile proceeding has the
right to be
represented by counsel and to have appointed
counsel
if the person is indigent. (2) If a child is taken into custody pursuant to section
2151.31 of the Revised Code and placed in shelter care, the
public
children services agency or private child placing agency
with
which the child is placed in shelter care shall file or make
a
motion as described in division (C)(1) of this section before
the
end of the next day immediately after the date on
which the child
was taken into custody and, at a minimum, shall
request an order
for temporary custody under division
(B)(1)(a) of this section. (3) A court that issues an order pursuant to division
(B)(1)(b) of this section shall comply with section
2151.419 of
the Revised Code. (D) The court may
grant an ex parte order upon its own
motion or a motion filed or made
pursuant to division (C) of this
section requesting such an order
if it appears to the court
that
the best interest and the welfare of the child require that
the
court issue the order immediately. The court, if acting
on its
own motion, or the person requesting the granting of
an ex parte
order, to the extent possible, shall give notice of
its intent or
of the request to the parents, guardian, or
custodian of the child
who is the subject of the request. If the
court issues an ex
parte order, the
court shall hold a hearing to review the order
within seventy-two
hours after it is issued or before the end of
the next
day after the day on which it is issued, whichever occurs
first. The court
shall give written notice of the hearing to all
parties
to the action and shall appoint a guardian ad litem for
the child
prior to the hearing. The written notice shall be given by all means that are
reasonably likely to result in the party receiving actual notice
and shall include all of the following: (1) The date, time, and location of the hearing; (2) The issues to be addressed at the hearing; (3) A statement that every party to the hearing has a
right
to counsel and to court-appointed counsel, if the party is
indigent; (4) The name, telephone number, and address of the person
requesting the order; (5) A copy of the order, except when it is not possible to
obtain it because of the exigent circumstances in the case. If the court does not grant an ex parte order pursuant to a
motion filed or made pursuant to division (C) of this section
or
its own motion, the court shall hold a shelter care
hearing on the
motion within ten days after the motion is filed.
The court shall
give notice of the hearing to all affected
parties in the same
manner as set forth in the Juvenile Rules. (E) The court, pending the outcome of the adjudicatory and
dispositional hearings, shall not issue an order granting
temporary custody of a child to a public children services agency
or private child placing agency pursuant to this section, unless
the court determines and specifically states in the order that
the
continued residence of the child in the child's current home
will
be contrary to the child's best interest and welfare and the court
complies with section 2151.419 of the Revised Code. (F) Each public children services agency and private child
placing agency that receives temporary custody of a child
pursuant
to this section shall maintain in the child's case
record written
documentation that it has placed the child, to the
extent that it
is consistent with the best interest, welfare, and
special needs
of the child, in the most family-like setting
available and in
close proximity to the home of the parents,
custodian, or guardian
of the child. (G) For good cause shown, any court order that is issued
pursuant to this section may be reviewed by the court at any time
upon motion of any party to the action or upon the motion of the
court.
Sec. 2151.49. In every case of conviction under sections
2151.01 to 2151.54
of the Revised Code, where imprisonment is
imposed as part of the punishment,
the juvenile judge may suspend
sentence, before or during commitment, upon
such condition as the
juvenile judge imposes. In the case of
conviction for nonsupport
of a
child who is receiving aid under Chapter 5107. or 5115. of
the Revised
Code, if the juvenile judge suspends sentence on
condition that the person
make payments for support, the payment
shall be made to the county department
of job and family services
rather than to the child or
custodian of the child. The court, in accordance with sections
3119.30
3119.29 to
3119.58
3119.56 of the Revised Code, shall
include in each
support
order made under this section the requirement that one or both of
the
parents provide for the health care needs of the child to the
satisfaction of
the court.
Sec. 3111.81. After the hearing under section 3111.80 of the
Revised
Code is completed, the administrative officer may issue an
administrative order for the payment of support and provision for
the child's
health care. The
order shall do all of the following: (A) Require periodic payments of support that may vary in
amount,
except that, if it is in
the best interest of the child,
the administrative officer may
order the purchase of an annuity in
lieu of periodic payments of
support if the purchase agreement
provides that any
remainingprincipal
remaining principal
will be
transferred to the ownership and control of the
child on the
child's attainment of the age of majority; (B) Require the parents to provide for the health care needs
of
the child in accordance with sections
3119.30
3119.29 to
3119.58
3119.56 of the
Revised Code; (C) Include a notice that contains the information described
in
section 3111.84 of the Revised Code informing the mother and
the father of the right to object to the
order by bringing an
action for the payment of support and provision of
the child's
health care under section 2151.231 of the Revised
Code and the
effect of a failure to timely bring the action.
Sec. 3113.07. As used in this section, "executive
director"
has the same meaning as in section 5153.01 of the
Revised Code. Sentence may be suspended, if a person, after conviction
under section 3113.06 of the Revised Code and before sentence
thereunder, appears before the court of common pleas in which
such
conviction took place and enters into bond to the state in a
sum
fixed by the court at not less than five hundred dollars,
with
sureties approved by such court, conditioned that such
person will
pay, so long as the child remains a ward of the
public children
services agency
or a recipient of aid pursuant to Chapter 5107.
or
5115. of the Revised Code, to the executive director thereof
or to
a trustee to be named by the court, for the benefit of such
agency
or if the child is a recipient of aid
pursuant to Chapter 5107. or
5115. of the Revised Code,
to the county department of job and
family services, the
reasonable cost
of keeping such child. The
amount of such costs and the time of
payment shall be fixed by the
court. The court, in accordance with sections
3119.30
3119.29
to
3119.58
3119.56 of the
Revised
Code, shall include in each
support
order made under this section the requirement that one
or both of
the parents provide for the health care needs of the
child to the
satisfaction of the court.
Sec. 3119.01. (A) As used in the
Revised
Code, "child
support
enforcement agency" means a child support enforcement
agency
designated under former section 2301.35 of the Revised Code
prior to October 1, 1997, or a private or
government entity
designated as a child support enforcement agency
under section
307.981 of the
Revised
Code. (B) As used in this
chapter and Chapters 3121., 3123., and
3125. of the Revised Code: (1) "Administrative child support order" means any order
issued by a child support enforcement agency for the support of
a
child pursuant to section 3109.19 or
3111.81 of the Revised
Code
or former section 3111.211 of the Revised
Code, section 3111.21 of
the Revised Code as that
section existed prior to January 1, 1998,
or section 3111.20 or
3111.22 of the Revised Code as those
sections existed prior
to
the effective date of this section
March
22, 2001. (2) "Child support order" means either a court child support
order or an
administrative child support order. (3) "Obligee" means the person who is entitled to receive
the support payments under a support order. (4) "Obligor" means the person who is required to pay
support under a support order. (5) "Support order" means either an administrative child
support order or
a court support order. (C) As used in this chapter: (1) "Combined gross income" means the combined gross
income
of both parents. (2) "Court child support order" means any order issued by
a
court for the support of a child pursuant to
Chapter 3115. of the
Revised Code, section
2151.23, 2151.231, 2151.232, 2151.33,
2151.36,
2151.361, 2151.49, 3105.21, 3109.05,
3109.19, 3111.13,
3113.04,
3113.07, 3113.31, 3119.65,
or 3119.70, or 3123.07
of the
Revised
Code, or division (B) of former section 3113.21 of the
Revised
Code. (3) "Court support order" means either a court child support
order or an order for the support of a spouse
or former spouse
issued pursuant to
Chapter 3115. of the Revised Code, section
3105.18,
3105.65, or 3113.31, or
3123.07 of the
Revised
Code, or
division (B) of former section
3113.21 of the
Revised Code. (4) "Extraordinary medical expenses" means any uninsured
medical expenses incurred for a child during a calendar
year that
exceed one hundred dollars. (5) "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. (6) "Insurer" means any person
authorized under Title XXXIX
of the Revised Code to
engage in the business of insurance in this
state, any
health insuring corporation,
and any legal entity that
is
self-insured and provides benefits to its employees or members. (7) "Gross income" means, except as excluded in
division
(C)(7) of this section, the total of all earned and unearned
income from all
sources during a calendar year, whether or not the
income is
taxable, and includes income from
salaries, wages,
overtime pay, and bonuses to the extent described
in division (D)
of section 3119.05 of the Revised Code; commissions;
royalties;
tips; rents; dividends; severance pay; pensions; interest; trust
income; annuities; social security benefits, including retirement,
disability,
and survivor benefits that are not means-tested;
workers'
compensation benefits; unemployment insurance benefits;
disability insurance benefits; benefits that are not means-tested
and that are
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; and
all other sources of
income. "Gross
income" includes income of members of any branch of the
United
States armed services or national guard, including,
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 government
administered programs, including Ohio
works first; prevention,
retention, and contingency; means-tested veterans'
benefits;
supplemental security income; food stamps; disability
assistance;
or other assistance for which eligibility is determined on the
basis of income or assets; (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 are not
means-tested, 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 such as
union dues but not taxes, social security, or retirement in
lieu
of social security; (e) Nonrecurring or unsustainable income
or cash flow items; (f) Adoption assistance and foster care maintenance payments
made
pursuant to Title IV-E of the "Social
Security Act," 94 Stat.
501, 42 U.S.C.A. 670 (1980),
as amended. (8) "Nonrecurring or unsustainable income or cash flow
item"
means an income or cash flow item the parent receives
in any year
or for any number of years not to exceed three years
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 uses to
produce income or cash flow for
a period of more than three years. (9)(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
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 (C)(9)(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. (10) "Personal earnings" means compensation paid or
payable
for personal services, however denominated, and
includes wages,
salary, commissions,
bonuses, draws against commissions, profit
sharing, vacation
pay, or any other compensation. (11) "Potential income" means both of the following for a
parent who the court pursuant to a court support order, or a child
support
enforcement agency pursuant to an administrative child
support order,
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
following criteria: (i) The parent's prior employment experience; (ii) The parent's education; (iii) The parent's physical and mental disabilities, if any; (iv) The availability of employment in the geographic area
in
which the parent resides; (v) The prevailing wage and salary levels in the geographic
area
in which the parent resides; (vi) The parent's special skills and training; (vii) Whether there is evidence that the parent has the
ability to
earn the imputed income; (viii) The age and special needs of the child for whom child
support is being calculated under this section; (ix) The parent's increased earning capacity because of
experience; (x) Any other relevant factor. (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. (12) "Schedule" means the basic child support schedule set
forth in section 3119.021 of the Revised Code. (13) "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 company cars, free housing,
reimbursed meals, and
other benefits, if the reimbursements are
significant and reduce
personal living expenses. (14) "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. (15) "Worksheet" means the applicable worksheet that is
used
to calculate a parent's child support obligation as
set forth in
sections 3119.022 and 3119.023 of the Revised Code.
Sec. 3119.29. As used in this section and sections 3119.30
to 3119.56 of the Revised Code:
(A) "Health plan administrator" means any entity authorized
under Title XXXIX of the Revised Code to engage in the business of
insurance in this state, any health insuring corporation, any
legal entity that is self-insured and provides benefits to its
employees or members, and the administrator of any such entity or
corporation. (B) "National medical support notice" means a form required
by the "Child Support Performance and Incentive Act of 1998," P.L.
105-200, 112 Stat. 659, 42 U.S.C. 666(a)(19), as amended, and
jointly developed and promulgated by the secretary of health and
human services and the secretary of labor in federal regulations
adopted under that act as modified by the department of job and
family services under section 3119.291 of the Revised Code. (C) "Person required to provide health insurance coverage"
means the obligor, obligee, or both, required by the court under a
court child
support order or by the child support enforcement
agency under an
administrative child support order to provide
health insurance
coverage pursuant to section 3119.30 of the
Revised Code.
Sec. 3119.291. The department of job and family services
shall modify the national medical support notice, as necessary, to
make the notice and its instructions apply to the person required
to provide health insurance coverage for the children who are the
subject of an order issued under section 3119.30 of the Revised
Code.
Sec. 3119.30. In any action or proceeding in which a child
support
order is issued or modified, the
court, with respect to
court child support orders, and the child support
enforcement
agency, with respect to administrative child support
orders, shall
determine the
parent
person responsible for the health care
of the
children subject to the child support order
and. The
determination shall be based on information provided to the
court
or to the child support enforcement agency under section
3119.31
of the Revised Code. The order shall include
in
the
order
one of
the following: (A) A requirement that the obligor under the child support
order obtain health insurance coverage for the children if
coverage is available at a reasonable cost through a group
policy,
contract, or plan offered
by the obligor's employer or through any
other group
policy, contract, or plan available to
the obligor and
is
not available for a more reasonable cost through a group
policy, contract, or plan available to
the obligee; (B) A requirement that the obligee
obtain health insurance
coverage for the children if
coverage is available through a group
policy, contract, or plan offered by the obligee's
employer or
through any other group
policy, contract, or plan available to the
obligee and
is available at a more reasonable cost than
coverage
is available to
the obligor; (C) If health insurance coverage for the children is not
available at
a reasonable cost
through a group policy, contract,
or plan offered by the obligor's or obligee's employer or through
any
other
group policy, contract, or plan
available to the obligor
or the obligee, a requirement that the obligor
and the obligee
share liability for the cost of the medical and
health care needs
of the children, under an equitable formula established by
the
court,
with respect to a court child support order, or the child
support enforcement agency, with respect to an administrative
child support order, and a
requirement that if, after the issuance
of the order,
health
insurance coverage for the children becomes
available at a
reasonable cost
through a group
policy, contract,
or plan offered
by the obligor's or obligee's employer or through
any other group
policy, contract, or plan
available to the obligor
or obligee, the
obligor or obligee to
whom the coverage becomes
available
immediately inform the court, with respect to a court
child support order, or the child support enforcement agency, with
respect to an administrative child support order; (D) A requirement that both the
obligor and the obligee
obtain health insurance coverage for
the children if
coverage is
available for the children at a
reasonable cost to both the
obligor and the obligee and
dual coverage
by both parents would
provide for coordination of
medical benefits without unnecessary
duplication of coverage.
Sec. 3119.301. An order issued pursuant to
former section
3111.241 or 3113.217 of the Revised Code as those sections existed
prior to January 1, 1998, that was not terminated on or after that
date, and that provides for the health care needs of children
subject
to a child support order shall be considered to be a
requirement included as
part of the child support order. The
child support order shall be considered
to have been issued in
accordance with former section 3111.241 or 3113.217
of the Revised
Code as those sections existed on and after January 1, 1998, and
prior to
the effective date of this section
March 22, 2001. A
child support order issued
in accordance with, or any notice
issued under, former section 3111.241 or
3113.217 of the Revised
Code as those sections existed prior to
the effective date of this
section
March 22, 2001, that was not terminated on or after that
date shall be subject
to sections
3119.30
3119.29 to
3119.58
3119.56 of the Revised Code on and after that date.
Sec. 3119.31. In any action or proceeding in which a court
or child support enforcement agency is determining the person
responsible for the health care of the children who are or will be
the subject of a child support order, each party shall provide to
the court or child support enforcement agency a list of any group
health insurance policies, contracts, or plans available to the
party.
Sec. 3119.31
3119.32. A child support order
shall contain
all of the
following: (A) If
the obligor,
obligee, or both
the obligor and
obligee, are
required under
section 3119.30 of the Revised Code to
provide
health insurance coverage for the children, a
requirement
that
whoever is required to
obtain the
provide health insurance
coveragedo all
of the following: (1) Provide
provide to the other
with, not
later than thirty
days after the issuance of the order,
information regarding
the
benefits, limitations, and exclusions of
the
coverage, copies of
any insurance forms necessary to receive
reimbursement, payment,
or other benefits under the
coverage, and
a copy of any necessary
insurance cards;
(2) Submit a copy of the child
support order
issued pursuant
to section 3119.30 of the Revised Code to
the insurer at
the time
of making application to enroll the
children under the health
insurance policy, contract,
or plan;
(3) Furnish written proof to the child support
enforcement
agency of compliance with this division.
(B)
A list of the group health insurance
policies,
contracts,
and plans that the court, with respect to a
court child
support
order, or the child support enforcement agency, with
respect to an
administrative child support order, determines are
available at a
reasonable cost to the obligor or to the obligee
and the name of
the insurer that issues each policy, contract, or
plan; (C) A statement setting forth the name, address, and
telephone number of the individual who is to be reimbursed for
out-of-pocket medical, optical, hospital, dental, or prescription
expenses paid for each child and a statement that the
insurer
health plan administrator that
provides
the health
insurance
coverage for the children may
continue making payment
for medical,
optical, hospital, dental, or
prescription services
directly to
any health care provider in
accordance with the
applicable health
insurance policy, contract,
or
plan;
(D)(C) A requirement that
the obligor and the obligee
a
person required to provide health insurance coverage for the
children
designate
the children
as covered dependents under any
health insurance
policy, contract, or plan for which
they contract
the person contracts;
(E)(D) A requirement that the obligor, the obligee, or both
of
them under a formula established by the court, with respect to
a
court child support order, or the child support enforcement
agency, with
respect to an administrative child support order, pay
co-payment
or deductible costs required under the health insurance
policy, contract, or plan that covers the children;
(F)(E) A notice that
the employer of the
obligor or obligee
person
required to obtain health insurance
coverage is
required to
release to the other parent, any person subject to an order issued
under section 3109.19 of the Revised Code, or the child support
enforcement
agency on written request any necessary information
on
the health
insurance coverage, including
the name and address of
the
insurer
health plan administrator
and any
policy, contract, or
plan
number, and to otherwise comply
with
this section and any
order or
notice issued under this
section;
(G)(F) A statement setting forth the full name and date of
birth of each child who is the subject of the child support
order;
(H)(G) A requirement that the obligor and the obligee comply
with any requirement described in section 3119.30 of the Revised
Code and divisions
(A) and
(D)(C) of this section that is
contained
in an order
issued
in compliance with this section no
later than
thirty days
after the issuance
of the order;
(I) A notice that
if the obligor or obligee
fails to obtain
health insurance coverage required by a child support order,
the
child support
enforcement agency shall comply with
sections
3119.40 and 3119.41 of the Revised Code to obtain a
court order
requiring the obligor or obligee to obtain the
health insurance
coverage;
(J)(H) A notice that states the following: "If the person
required to obtain health care insurance coverage for the
children
subject to this child support order obtains new
employment
and the
health insurance coverage for the children is
provided through the
previous employer, the agency shall comply
with the requirements
of
sections 3119.43 and 3119.44
section 3119.34 of the Revised
Code, which may
result in the
issuance of a notice requiring the
new employer to
take whatever
action is necessary to enroll the
children in health
care
insurance coverage provided by the new
employer."
Sec. 3119.33. A child support enforcement agency shall
send
the national medical support notice to the employer of a
person
required to provide health insurance coverage for the children who
are the
subject of a child support order. The child support
enforcement agency shall act in
accordance with federal
regulations governing the national medical
support notice and
rules adopted by the department of job and
family services under
section 3119.51 of the Revised Code.
Sec. 3119.34. Not later than the business day after
receipt
of a notice under section 3121.895 of the Revised Code of
a new
hire match, a child support enforcement agency shall send to
a
person's new employer a national medical support notice if
the
person is the person required to provide health insurance coverage
for the children who are the subject of a child support order.
Sec. 3119.35. At the same time that a child support
enforcement agency sends a national medical support notice under
section 3119.33 or 3119.34 of the Revised Code to the employer of
a person required to provide health insurance coverage for
children who are the subject of a child support order, the agency
shall send a notice of medical support enforcement activity to
that person.
Sec. 3119.351. The notice of medical support enforcement
activity shall contain all of the following: (A) The date on which it is sent; (B) A statement that the person has been designated as a
person required to provide health insurance coverage for children
who are the subject of a child support order; (C) A statement that a national medical support notice has
been sent to the person's employer; (D) A statement of the purpose of the national medical
support notice, of what it will require of the person's
employer
and any applicable health plan administrator, and that
amounts
will be withheld from the person's income to pay for
health
insurance for the children; (E) A statement of the person's right to contest the national
medical support notice through mistake of fact proceedings; (F) An explanation of the mistake of fact proceedings
available to the person and the actions the person must take to
pursue those proceedings.
Sec. 3119.46
3119.352. The department of job and family
services
shall adopt
a standard
forms
form for the
notices
notice
of
medical support enforcement activity
required by
section
3119.44
3119.35 of the
Revised Code. All child support
enforcement
agencies shall use
the
forms
form in issuing
notices
the notice under
that
section.
Sec. 3119.36. On receipt of a national medical support
notice sent pursuant to section 3119.33 or
section 3119.34 of
the Revised Code, an employer
shall do one of the following not
later than twenty business days
after the date specified in the
notice: (A) If the person named in the national medical support
notice is a current employee and health insurance coverage of the
children is available through the employer, complete and
comply
with the notice in accordance with its instructions,
federal
regulations, and any rules adopted by the department of
job and
family services under section 3119.51 of the Revised Code
and send
the appropriate portion of the notice to the health plan
administrator;
(B) If the person named in the notice is not a current
employee, health insurance coverage of the children is
not
available through the employer, or the employer determines
that
coverage of the children would cause the total amount of
income
withholding and health insurance contributions from the
person's
income to exceed the maximum amount permitted under
section 303(b)
of the "Consumer Credit Protection Act," 15 U.S.C.
1673(b),
complete the notice in accordance with its instructions,
federal
regulations, and any rules adopted by the department of
job and
family services under section 3119.51 of the Revised Code
and
return the completed notice to the child support enforcement
agency.
Sec. 3119.48
3119.361. During the time that any child
support order
issued
in accordance with section 3119.30 of the
Revised Code, an
order issued under
section 3119.41 of the Revised
Code, or a
notice issued pursuant to section
3119.44
3119.33 or
3119.34 of the Revised Code is
in effect and after the employer
has received a copy of the
order
or notice, the employer of the
obligor or obligee
person
required to
provide health insurance
coverage shall comply with the order
or
notice.
Sec. 3119.49
3119.362. On
written request from the
other
parent, any person subject to an order issued under section
3109.19 of the Revised Code, or the child
support enforcement
agency, the employer of
the
obligor or obligee
a person
required
to provide health
insurance coverage
under a child support order
shall release
to
the
other parent, person, and the
agency all
information about the
health
insurance coverage that is
necessary
to ensure compliance
with
section 3119.30 of the Revised
Code,
an
order
a notice issued under section
3119.41
3119.33 of
the Revised
Code, or a
notice issued under section
3119.44
3119.34 of the
Revised Code,
including
the name and address of
the
insurer
health
plan administrator,
and any policy, contract,
or plan number.
Sec. 3119.491
3119.363. Information provided by an employer
pursuant
to section
3119.49
3119.362 of the Revised Code shall be
used only for the
purpose of the enforcement of an order
issued in
accordance with
section 3119.30 of the Revised Code,
an order
a
notice issued under section
3119.41
3119.33 of the Revised Code,
or a notice issued pursuant to
section
3119.44
3119.34 of the
Revised Code.
Sec. 3119.50
3119.364. Any employer who receives a copy of
an order
or notice
described in
section 3119.30,
3119.41
3119.33,
or
3119.44
3119.34 of the
Revised Code shall notify the child
support
enforcement agency of
any change in or the termination of
the health
insurance coverage
that is maintained pursuant to the
order or notice.
Sec. 3119.37. On receipt of a national medical support
notice sent by an employer under section
3119.36 of the Revised
Code, a health plan administrator shall
complete and comply with
the notice in accordance with its
instructions, federal
regulations, and any rules adopted by the
department of job and
family services under section 3119.51 of the
Revised Code.
Sec. 3119.38. A person who receives a notice of medical
support enforcement activity under section 3119.35 of the Revised
Code may file a written request for an administrative hearing with
the child support enforcement agency that issued it regarding
whether a mistake of fact was made in the national medical support
notice referred to in the notice of medical support enforcement
activity. The request must be filed not later than seven business
days after the date on which the notice of medical support
enforcement activity is sent.
If the person makes a timely request, the agency shall
conduct an administrative hearing not later than ten days after
the date on which the person files the request for the hearing.
Not later than five days before the date on which the hearing is
to be conducted, the agency shall send the person and any other
individual the agency determines appropriate written notice of the
date, time, place, and purpose of the hearing. The notice to the
person and any other appropriate individual also shall indicate
that the person may present testimony and evidence at the hearing
only in regard to the issue of whether a mistake of fact has been
made in the national medical support notice.
At the hearing, the agency shall determine whether there is a
mistake of fact in the national medical support notice. The
agency shall send its determination to the person. That agency's
determination is final unless, within seven business days after
the agency makes its determination, the person files a written
motion with the court for a hearing to determine whether there is
still a mistake of fact in the national medical support notice. If an agency's determination becomes final under this
section, the agency shall take further action as required by
section 3119.41 of the Revised Code.
Sec. 3119.39. If a person who has received a notice of
medical support enforcement activity under section 3119.35 of the
Revised Code fails to make a timely request under section 3119.38
of the Revised Code for an administrative hearing, the notice of
medical support enforcement activity becomes a final determination
of the child support enforcement agency that issued that notice
that no mistake of fact exists in the national medical support
notice referred to in the notice of medical support enforcement
activity. When an agency's determination becomes final, the
agency shall take further action as required by section 3119.41 of
the Revised Code.
Sec. 3119.40. If a person who received a notice of medical
support enforcement activity files a timely written motion for a
court hearing to determine whether there is still a mistake of
fact in the national medical support notice referred to in the
notice of medical support enforcement activity, the court shall
hold a hearing as soon as possible, but not later than ten days,
after the motion is filed. Not later than five days before the
date the court hearing is to be held, the court shall
send the
person and any other individual the agency determines
appropriate
written notice by regular mail of the date, time,
place, and
purpose of that hearing. The hearing shall be limited
to a
determination of whether there is a mistake of fact in the
national medical support notice. At the hearing, the court shall determine whether there is a
mistake of fact in the national medical support notice. On
conclusion of the hearing, the court shall make its determination.
The determination is final. The court shall take further action
as provided in section 3119.41 of the Revised Code.
Sec. 3119.41. If either a court, under section 3119.40 of the
Revised Code, or child support enforcement agency, under section
3119.38 or 3119.39 of the Revised Code, makes a final
determination that no mistake of fact exists in a national medical
support notice referred to in a notice of medical support
enforcement activity sent to a person, the national medical
support notice shall remain in effect. If a court or agency
determines that a mistake of fact does exist under the national
medical support notice, the court or agency, as appropriate, shall
take whatever action is necessary regarding the notice, which may
include correction or termination of the notice. If a mistake of fact proceeding is instituted under section
3119.38 or 3119.40 of the Revised Code, withholding of amounts
pursuant to a national medical support notice shall continue in
accordance with the notice until the court or agency, as
appropriate, terminates or corrects the notice. If the notice is
corrected, withholding shall occur in accordance with the
corrected notice.
Sec. 3119.47
3119.42. A child support
order issued in
accordance
with section 3119.30 of the Revised Code, any order
issued under
section 3119.41 of the Revised Code, or notice issued
pursuant to
section
3119.44
3119.33 or 3119.34 of the
Revised Code
is
binding
on the obligor and
the obligee, their
employers, and
any
insurer
health plan administrator that provides
health
insurance coverage for either of
them or their children.
Sec. 3119.52
3119.421.
An insurer
A health plan
administrator that provides health insurance
coverage for
the
children who are the subject of a child support
order in
accordance with the child support order, an order
issued
under
section 3119.41 of the Revised Code, or a notice
issued
sent by an
employer pursuant
to
section
3119.44
3119.36 of the Revised Code,
shall
reimburse
the
parent
individual who is designated to receive
reimbursement in
the child
support order for covered
out-of-pocket
medical,
optical,
hospital, dental, or prescription
expenses
incurred on
behalf of
the children.
Sec. 3119.53
3119.422. Nothing in sections
3119.30
3119.29
to
3119.58
3119.56 of the
Revised Code shall be
construed to
require
an insurer
a health plan administrator to accept
for
enrollment any child who does not meet
the underwriting
standards
of the health insurance
or health care policy, contract,
or plan
for which application is made.
Sec. 3119.40
3119.43. If
an obligor or obligee
the person
required to obtain
health insurance
coverage pursuant to a child
support order issued
in accordance with section 3119.30 of the
Revised Code
does not
obtain the required coverage within thirty
days
after the order is
issued, the child
support enforcement
agency shall notify the
court that issued the court
child support
order or, with respect
to an administrative child support order,
the court of common
pleas of the county in which the agency is
located, in
writing of
the failure of the
obligor or obligee
person to comply with the child
support
order.
Sec. 3119.57
3119.44. Whoever violates a court child support
order
issued
in accordance with section 3119.30 of the Revised
Code, or
an order issued under
section 3119.41 of the Revised
Code,
may be
punished as for contempt under Chapter 2705. of the
Revised Code.
Sec. 3119.58
3119.45. If
an obligor
a person is found in
contempt under
Chapter 2705. for failing to comply with a court
child support
order
issued in accordance with section 3119.30 of
the Revised
Code, or an order issued
under section 3119.41 of the
Revised
Code, to enforce a court child support order's health
insurance
provisions
and the
obligor
person previously has been
found in contempt
under that chapter, the court shall consider the
obligor's
failure
to comply with the order as a change in
circumstances for the
purpose of modification of the amount of
support due under the
court child support order issued in
accordance with
section
3119.30 of the Revised Code
to which the
person is subject.
Sec. 3119.33
3119.46.
An obligee
or obligor under
a
court
child
support order
may file a motion with the court that
issued
the
order requesting
that the court modify the order
to
require
the
obligor
to obtain
with regard to
health insurance
coverage for
the children
who
are the subject of
the order.
An
obligor under a
court child
support order may file
a motion with
the
court that
issued the
order requesting that the
court modify
the
order to
require the
obligee to obtain health
insurance
coverage
for those
children.
Sec. 3119.34
3119.47. On the filing of a motion described in
section
3119.33
3119.46 of the Revised Code,
the court
shall order
the child
support enforcement agency to conduct an
investigation
to
determine whether
the obligor or obligee has
satisfactory
health
insurance coverage for the children
is available to the
obligor or obligee, both the obligor and obligee, or the obligor
and obligee together. Upon
completion of
its
investigation, the
agency shall
inform
provide to the
court, in writing,
of
its
determination
the information it has obtained through its
investigation, including a list of available coverage and the
costs of the coverage.
Sec. 3119.35
3119.48. If
a motion is filed pursuant to
section 3119.46 of the Revised Code, the court
determines
that
neither
the
obligor nor the obligee has satisfactory health
insurance
coverage
for the children, it shall
may modify
the court
child support
order
in
accordance with
pursuant to sections
3119.30 and
3119.31
3119.32 of
the Revised Code
and based on
information received from the child support enforcement agency
pursuant to section 3119.47 of the Revised Code.
Sec. 3119.37
3119.49. An obligor or obligee under
a court
child
support order may file a motion with the court that
issued
the
order requesting that the court modify the amount of
child
support
required to be paid under the order because that
amount
does not
adequately cover the medical needs of the child.
Sec. 3119.38
3119.50. On the
filing of a motion described in
section
3119.37
3119.49 of the Revised Code, the court shall
determine
whether the
amount of child support required to be paid
under the court child
support
order adequately covers the medical
needs of the child and
whether to modify the order.
Sec. 3119.51. The department of job and family services shall
adopt rules in accordance with Chapter 119. of the Revised Code as
appropriate to implement the requirements of sections 3119.29 to
3119.56 of the Revised Code.
Sec. 3119.54. If
an obligee under
either party to a child
support order
issued in
accordance with
section 3119.30 of the
Revised Code is
eligible
for medical assistance under Chapter
5111. or 5115. of
the
Revised Code and the
obligor
other party has
obtained health insurance
coverage, the
obligee
party eligible for
medical assistance shall notify any physician, hospital, or
other
provider of medical services for which medical assistance
is
available of the name and address of the
obligor's
other party's
insurer and
of
the number of the
obligor's
other party's health
insurance or health care
policy, contract, or plan. Any
physician, hospital, or other
provider of medical services for
which medical assistance is
available under Chapter 5111. or 5115.
of the Revised
Code who is
notified under this division of the
existence of a health
insurance or health care policy, contract,
or plan with coverage
for children who are eligible for medical
assistance shall first
bill the insurer for any services provided
for those children.
If
the insurer fails to pay all or any part
of a claim filed
under
this section and the services for which the
claim is filed are
covered
by
Chapter 5111. or 5115. of the
Revised Code, the
physician, hospital, or other
medical services
provider shall bill
the remaining unpaid costs of
the services in
accordance with
Chapter 5111. or 5115. of the
Revised Code.
Sec. 3119.56.
An obligor
or obligee who fails to comply with
a child
support
order issued
in accordance with section
3119.30 of
the
Revised Code, or an
order issued under
section 3119.41 of the
Revised Code, is liable
to the
obligee
other for any
medical
expenses
incurred as a
result of the failure to comply with the
order.
An
obligee who
fails to comply with a child support order
issued in
accordance
with section 3119.30 of the Revised Code, or
an order
issued under
section 3119.41 of the Revised Code, is
liable
to the
obligor for
any medical expenses incurred as a
result of
the
failure to comply
with the order.
Sec. 3119.76. The director of
job and family services shall
adopt rules pursuant to Chapter 119. of
the
Revised Code
establishing a procedure for determining when
existing child
support orders should be reviewed to determine
whether it is
necessary and in the best interest of the children
who are the
subject of the child support order to change the
child support
order. The rules shall include, but are not
limited to, all of
the following: (A) Any procedures necessary to comply with section
666(a)(10) of Title 42 of the U.S.
Code, "Family Support Act of
1988," 102 Stat. 2346, 42 U.S.C.
666(a)(10), as amended, and any
regulations adopted pursuant to, or to enforce, that section; (B) Procedures for determining what child support orders
are
to be subject to review upon the request of either the
obligor or
the obligee or periodically by the child support
enforcement
agency administering the child support order; (C) Procedures for the child support enforcement agency to
periodically review and to review, upon the request of the
obligor
or the obligee, any child support order that is subject
to review
to determine whether the amount of child support paid
under the
child support order should be adjusted in accordance
with the
basic child support schedule set forth in
section 3119.021 of the
Revised Code or whether
the provisions for the
child's health care
needs under the child support order should be modified in
accordance with sections
3119.30
3119.29 to
3119.58
3119.56 of the
Revised
Code; (D) Procedures for giving obligors and obligees notice of
their right to request a review of a child support order that is
determined to be subject to review, notice of any proposed
revision of the amount of child support to be paid under the
child
support order, notice of the procedures for requesting a
hearing
on any proposed revision of the amount of child support
to be paid
under a child support order, notice of any
administrative hearing
to be held on a proposed revision of the
amount of child support
to be paid under a child support order,
at least forty-five days'
prior notice of any review of
their child
support order, and
notice that a failure to comply with any
request for documents or
information to be used in the review of
a child support order is
contempt of court; (E) Procedures for obtaining the necessary documents and
information necessary to review child support orders and for
holding administrative hearings on a proposed revision of the
amount of child support to be paid under a child support order; (F) Procedures for adjusting child support orders in
accordance with the basic child support schedule set forth in
section 3119.021 of the Revised
Code and the
applicable worksheet
in section 3119.022 or 3119.023
of the Revised Code, through
the
line
establishing the actual annual obligation; (G) Procedures for adjusting the provisions of the child
support order governing the health care needs of the child
pursuant to
sections
3119.30
3119.29 to
3119.58
3119.56 of the
Revised Code.
Sec. 3121.03. If a court or child support enforcement agency
that issued or modified a support order, or the agency
administering the
support order, is
required by the Revised Code
to issue one or more
withholding or deduction notices described in
this section or
other orders described in this section,
the court
or agency shall issue one or more of the following types of
notices or orders, as appropriate, for payment of
the support
and
also, if required by the
Revised Code or the
court, to pay any
arrearages: (A)(1) If the court or the child support enforcement
agency
determines that the obligor is receiving income from
a payor, the
court or
agency shall require the payor to do all of the
following: (a) Withhold from the
obligor's income a specified amount
for
support in
satisfaction of the support order and begin the
withholding no
later than fourteen
business days following the
date the notice is mailed to the
payor under section 3121.035,
3121.896, 3123.021,
or 3123.06 of the Revised Code and division
(A)(2) of this section
or, if the payor is an employer, no later
than the first pay period that
occurs after fourteen business days
following the date the notice is
mailed; (b) Send the amount withheld to the office of child
support
in the department of
job and family services pursuant to section
3121.43 of the Revised Code
immediately but not later than seven
business days after the date the
obligor is paid; (c) Continue the withholding at intervals
specified in the
notice until further notice from the court or
child support
enforcement agency. To the extent possible, the amount
specified to be withheld
shall satisfy the amount ordered for
support in the support order
plus any arrearages owed
by the obligor under any prior support
order that pertained to
the same child or spouse, notwithstanding
any applicable limitations of
sections 2329.66, 2329.70, 2716.02,
2716.041, and 2716.05 of the
Revised
Code. However, in no case
shall the sum of
the amount to be withheld and any fee withheld by
the
payor
as a charge for its services exceed the maximum amount
permitted
under section 303(b) of the "Consumer Credit
Protection
Act," 15
U.S.C. 1673(b). (2) A court or agency that imposes an income withholding
requirement shall, within
the applicable time specified in
section
3119.80, 3119.81, 3121.035,
3121.896, 3123.021, or 3123.06 of the
Revised Code, send to the
obligor's payor by
regular mail a notice
that contains all of the information applicable to
withholding
notices set forth in
section 3121.037 of the Revised Code. The
notice is final and is enforceable by the court. (B)(1) If the court or child support enforcement agency
determines that the obligor has funds that are not exempt under
the laws of
this state or the United States from execution,
attachment,
or other legal process and are on deposit in an
account
in a financial institution under the jurisdiction of the
court that issued the
court support order, or in the case of an
administrative child support order,
under the jurisdiction of
the
common pleas court of the county in which the agency that issued
or is
administering the order
is located,
the court or agency may
require any financial institution in
which the obligor's funds are
on deposit to do all of the following: (a) Deduct from the
obligor's account a specified amount for
support in satisfaction
of the support order and begin the
deduction no later than
fourteen business days following the date
the notice was mailed to
the financial institution under section
3121.035 or
3123.06 of the Revised Code and
division (B)(2) of
this section; (b) Send the amount deducted to the
office of child support
in the department of job and family services
pursuant to section
3121.43 of the Revised Code
immediately but not later than
seven
business days
after the date the latest deduction was made; (c) Provide the date
on which the amount was deducted; (d) Continue the deduction
at intervals specified in the
notice until further notice from
the court or child support
enforcement agency. To the extent possible, the amount
to be deducted shall
satisfy the amount
ordered for support in the support order plus
any arrearages that
may be owed by the obligor under any prior
support order that
pertained to the same child or spouse,
notwithstanding the
limitations of sections 2329.66, 2329.70, and
2716.13 of the Revised Code.
(2) A court or agency that imposes a deduction
requirement
shall, within
the applicable period of time specified in
section
3119.80, 3119.81, 3121.035, or 3123.06 of the Revised Code, send
to the
financial
institution by
regular mail a notice that
contains all of the information applicable to
deduction notices
set
forth in section 3121.037 of the Revised Code. The
notice is
final and is enforceable by the court. (C) With respect to any court support order it issues, a
court
may issue
an order requiring the obligor to
enter into a
cash bond with the court. The court shall issue the
order as part
of the court support order or, if the court support order
has
previously been issued, as a separate order. The cash bond
shall
be in a sum fixed by the court at not less than
five hundred nor
more than ten thousand dollars, conditioned that
the obligor will
make payment as previously ordered and will pay
any arrearages
under any prior court support order that pertained to
the same
child or spouse. The order, along with an additional
order requiring the
obligor to immediately notify the child
support enforcement
agency, in writing,
if the obligor begins to receive
income from a
payor, shall be attached to and
served on the obligor at the same
time as service of
the court support order or, if the court
support order has previously been
issued, as soon as possible
after the issuance of the order under
this section. The
additional order requiring notice by the obligor shall
state all
of the following: (1) That when the obligor begins to receive income
from a
payor the obligor may request that
the court cancel its bond order
and instead issue a notice
requiring the withholding of an amount
from
income
for support in accordance with this section; (2) That when the obligor begins to
receive income from a
payor the court will
proceed to collect on the bond if the court
determines that
payments due under the court support order have
not been made and that
the amount that has not been paid is at
least equal to the
support owed for one month under the court
support order and will
issue a notice requiring the withholding of
an amount from
income for support in accordance with
this section.
The notice required of the obligor shall
include a description of
the nature of any new employment, the
name and business address of
any new employer, and any other
information reasonably required by
the court. The court shall not order an obligor to post a cash bond
under this section unless the court determines that the obligor
has the ability to do so. A child support enforcement agency
may not issue a cash bond
order.
If a child support enforcement agency is required to issue
a
withholding or deduction notice under this
section with respect
to a court support order but the agency determines that
no
withholding or deduction notice would be
appropriate, the agency
may request that the court issue a cash bond
order under this
section, and upon the request, the court may
issue the order. (D)(1) If the obligor under a court support order is
unemployed,
has no income, and does
not have an account at any
financial institution, or on request of a child
support
enforcement agency under division (D)(1) or (2)
of this section,
the court shall
issue an order requiring the obligor, if
able to
engage in employment,
to seek employment or participate in
a work
activity to which a recipient of assistance under
Title
IV-A
of
the "Social
Security
Act," 49
Stat. 620 (1935), 42
U.S.C.A.
301,
as amended, may be assigned as specified in section
407(d) of the
"Social
Security
Act," 42
U.S.C.A.
607(d), as amended. The court
shall include
in the order a requirement that the obligor
notify
the child support enforcement agency on obtaining employment,
obtaining any income, or obtaining ownership of any
asset with a
value of five hundred dollars or more. The court may issue
the
order regardless of whether the obligee to whom the obligor owes
support is a
recipient of assistance under Title IV-A of the
"Social Security Act." The court
shall issue the order as part of
a court
support order or, if a court
support order has previously
been issued, as a separate order.
If a child support
enforcement
agency is required to issue a withholding or
deduction notice
under this section with respect to a
court support order but
determines that no withholding or deduction notice
would be
appropriate, the
agency may request that the court issue a court
order under
division (D)(1) of this section, and, on the
request,
the
court may issue the order. (2) If the obligor under an administrative child support
order is
unemployed, has no income, and does not have an account
at any financial
institution, the agency shall issue an
administrative order requiring the
obligor, if able to engage in
employment, to seek employment or participate in
a work activity
to which a recipient of assistance under Title
IV-A of the "Social
Security
Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended,
may be
assigned as specified in section 407(d) of the
"Social
Security Act," 42 U.S.C.A.
607(d), as amended. The agency shall
include in the order a
requirement that the obligor notify the
agency on obtaining employment or
income, or ownership of any
asset with a value of five hundred dollars or
more. The agency
may issue the order regardless of whether the obligee to
whom the
obligor owes support is a recipient of assistance under
Title IV-A
of the "Social
Security Act." If an obligor fails to comply with
an
administrative order issued pursuant to division
(D)(2) of this
section, the agency shall submit a
request
to a court for the
court to issue an order under division
(D)(1) of this section.
Sec. 3121.035. Within fifteen days after an obligor under a
support order is located following issuance or modification of
the
support order
or within fifteen days after default under
a support
order, whichever is applicable, the court or child support
enforcement agency
that issued or modified the support order, or
the agency, pursuant
to an agreement with the court with respect
to a court support
order, shall do either of the following: (A) If a withholding or deduction
notice described in
section 3121.03 of the Revised Code is
appropriate, send the
notice by regular mail to each person required to comply with it; (B) If an order described in
section 3121.03, 3121.04 to
3121.08, or 3121.12 of the Revised
Code is appropriate, issue
and
send the appropriate order.
Sec. 3121.27. (A) A court or child support enforcement
agency
shall include in any
order for support it issues a general
provision that states the following: "All support under this
order shall be withheld or deducted
from the income or
assets of
the obligor pursuant to a withholding
or deduction
notice or appropriate order issued in accordance with
Chapters 3119., 3121., 3123., and 3125. of the Revised Code
or a
withdrawal directive issued pursuant to sections
3123.24 to
3123.38 of the Revised Code and shall be forwarded to the obligee
in accordance
with
Chapters 3119., 3121., 3123., and 3125. of the
Revised Code." (B) All support orders issued
prior to
December 31, 1993,
that have not been modified
or subject to division
(B) of former
section 3113.21 of the Revised Code or sections 3123.02 to
3123.071
of the Revised Code, regarding a default under the order
on or after that date
March 22, 2001,
shall be considered to
contain the general provision described in
this section and shall
be enforced and modified in the same
manner as a support order
issued on or after
December
31, 1993
that date.
Sec. 3121.58. If an obligor fails to
pay the
make the
payment required
administrative charge amount with each current
support payment due in
increments specified under the support
order
by division (B) of section 3119.28 of the Revised Code, the
office of child
support shall maintain a separate arrearage
account of that amount for
the obligor. The office shall not
deduct the unpaid amount from
any support payment due the obligee
under the support order.
Sec. 3121.67. The office of child support
may enter into
contracts with public entities or private vendors
for the
collection of amounts due under support orders
or for the
performance of other administrative duties of the
office. The
office may contract with a public or
private entity for the
collection of arrearages owed under any
child support order
for
which a court or a child support enforcement agency has found the
obligor in default pursuant to a final and enforceable order
issued pursuant to sections
3123.02
3123.01 to
3123.071
3123.07
of
the Revised Code. Each
contract shall
comply with the rules
adopted
pursuant to section 3121.71 of the Revised Code.
Sec. 3121.896. Not later than the business day after receipt
of the notice described in section 3121.895 of the Revised Code,
the
child support enforcement agency administering the support
order shall send a
withholding notice to the employer pursuant to
section 3121.03
of the Revised Code, unless the employee's
income
is not subject to withholding, and shall take any other
appropriate action under Chapters 3119., 3121., 3123., and 3125.
of
the Revised
Code.
Identification of a default under section
3123.02 of the Revised Code does not in any way affect the
requirement that a withholding notice be sent to an employer under
this section within the time required by this section.
Sec. 3123.01. As used in this chapter: (A) "Court support order" and "personal earnings" have the
same
meanings as in section 3119.01 of the Revised Code. (B) "Default," "financial institution," "income," and
"payor"
have the same meanings as in section 3121.01 of the
Revised Code. (C) "Default notice" means the notice required by section
3123.03 of the Revised Code. (D) "Period of default" means the period beginning on the
date a default under a support order is identified and ending on
the date the total arrearage amount owed under the order is paid.
Sec. 3123.021. If an obligor under a support order is
identified as being in default under the order and is also
identified under section 3121.895 of the Revised Code as obtaining
employment, the withholding notice issued under section 3121.03 of
the Revised Code in
accordance with section 3121.896 of the
Revised Code shall require
the arrearage amount resulting from the
default to be withheld in
addition to current support amounts.
If an obligor under a support order is identified as being in
default under the order and is also identified through a source
other than section 3121.895 of the Revised Code as obtaining
employment, the child support enforcement agency administering the
order shall send a withholding notice to the employer pursuant to
section 3121.03 of the Revised Code, unless the employee's income
is not subject to withholding, not later than two business days
after discovery of the employment. The withholding notice shall
require the arrearage amount resulting from the default to be
withheld in addition to current support amounts.
Section 3123.21 of the Revised Code applies to a withholding
notice issued in accordance with this section beginning on the
date it is issued and ending on the date the period of default
ends.
Sec. 3123.022. The issuance of a withholding notice in
accordance with section 3123.021 of the Revised Code does not
affect the obligor's right to contest pursuant to sections 3123.04
and 3123.05 of the Revised Code an identification of default or
the amount of arrearages identified under the default.
The timely filing of a written request or motion for an
administrative or court hearing under section 3123.04 or 3123.05
of the Revised Code does not cause the suspension of a withholding
notice issued in accordance with section 3123.021 of the Revised
Code.
Sec. 3123.023. At the time it issues a withholding notice
in accordance with section 3123.021 of the Revised Code the child
support enforcement agency shall notify the obligee that the
notice is being issued.
Sec. 3123.03.
(A) As used in this section, "period of
default"
means the time period beginning on the date a default
under a support order is
identified and ending on the date the
total arrearage amount owed because of
the default under the order
is paid. (B) Within fifteen calendar days after the identification of
a
default under a support order, the
child support enforcement
agency shall send advance notice to the obligor if the default
occurs prior to
the date the office of child support in the
department of job and family
services
authorizes centralized
collection and disbursement of support amounts under
the support
order in default. On and after that date, the office
shall send
the advance
a default notice to
the obligor.
The
agency or
office,
as appropriate, shall send the
advance
notice to
the obligor only
once for each period of default. The
advance
default
notice shall
include
a
notice describing
summary of the
actions that may be
taken against the obligor
if the court or
agency
makes a final and
enforceable determination that the
obligor is in default.
If the
location of the obligor is unknown
at the
time of the
identification of a default under the support
order,
the
agency or
office, as appropriate, shall send the
advance
default notice to
the
obligor within fifteen days after
the agency locates the
obligor
obligor's last known address.
(C) An advance notice to an obligor required by
this section
shall contain all of the following:
(1) A statement of the date on which the advance notice is
sent, a statement that the obligor is in default under a support
order,
the amount of arrearages owed by the obligor due to the
default as determined
by the court or the child support
enforcement agency, the types
of withholding or deduction
requirements and related notices
described in section 3121.03 of
the Revised
Code or the types of court
orders described in
sections 3121.03, 3121.04 to 3121.08, and 3121.12 of the
Revised
Code that will be issued to
pay support and any arrearages,
and
the amount that will be withheld or deducted pursuant to
those
requirements;
(2) A statement that any notice for the withholding or
deduction of an amount from income or
assets apply to all current
and subsequent
payors of the obligor and
financial institutions in
which the obligor has an account and
that any withholding or
deduction requirement and
related notice described in section
3121.03 of the
Revised Code or any
court order described in
sections
3121.03, 3121.04 to 3121.08, and 3121.12
of the Revised
Code that is issued will not
be discontinued solely because
the
obligor pays any arrearages;
(3) An explanation of the administrative and court action
that will take place if the obligor contests the inclusion of any
of the provisions;
(4) A statement that the contents of the advance notice
are
final and are enforceable by the court unless the obligor
files
with the child support enforcement agency, within seven
days after
the date on which the advance notice is sent, a
written request
for an administrative hearing to determine whether a mistake
of
fact was made in the notice.
Sec. 3123.031. The default notice shall contain all of the
following:
(A) The date on which it is sent;
(B) A statement that the obligor is in default under a
support order;
(C) The amount of arrearages the obligor owes due to the
default as of the date the default notice is sent;
(D) A statement that any arrearages owed by the obligor that
arise after the default notice is sent and during the period of
default will be added to the obligor's total child support
obligation and will be subject to collection efforts without
further default notice; (E) A statement of the types of withholding or deduction
requirements and related notices described in section 3121.03 of
the Revised Code or the types of court orders described in
sections 3121.03, 3121.04 to 3121.08, and 3121.12 of the Revised
Code that will be issued for payment of support and arrearages and
the amount that will be withheld or deducted pursuant to those
requirements;
(F) A statement that any notice for the withholding or
deduction of an amount from income or assets applies to all
current and subsequent payors of the obligor and financial
institutions in which the obligor has an account and that any
withholding or deduction requirement and related notice described
in section 3121.03 of the Revised Code or any court order
described in sections 3121.03, 3121.04 to 3121.08, and 3121.12 of
the Revised Code that is issued will not be discontinued solely
because the obligor pays arrearages;
(G) A statement that the obligor may file with the child
support enforcement agency, within seven business days after the
date on
which the default notice is sent, a written request for an
administrative hearing under section 3123.04 of the Revised Code;
(H) A statement that, if the obligor files a timely written
request for an administrative hearing, the obligor may file with
the court, within seven business days after the agency makes its
determinations under the administrative hearing, a written motion
for a court hearing under section 3123.05 of the Revised Code;
(I) An explanation of the administrative and court action
that will take place if the obligor files a timely written request
or motion for an administrative or court hearing;
(J) An explanation of how a final and enforceable
determination of default and amount of arrearages is made under
sections 3123.032, 3123.04, and 3123.05 of the Revised Code;
(K) A statement that a withholding notice may be issued in
accordance with section 3123.021 of the Revised Code if the child
support enforcement agency determines the obligor has obtained
employment and an explanation of the provisions of section
3123.022 of the Revised Code.
Sec. 3123.032. (A) If an obligor who has received a
default notice under section 3123.03 of the Revised Code fails to
make a timely request for an administrative hearing under section
3123.04 of the Revised Code, the default notice becomes a final
and enforceable determination by the child support enforcement
agency that identified the default of both of the following:
(1) The obligor is in default under the support order.
(2) The amount of the arrearage owed as a result of the
default.
(B) If an agency's determination becomes final and
enforceable under this section, the agency shall take further
action as required under section 3123.06 of the Revised Code.
Sec. 3123.031
3123.033. The department of job and family
services shall adopt
standard
forms for the
advance
default
notice.
All courts and child support enforcement
agencies shall
use those forms, and the support withholding and
deduction notice
forms adopted under section 3121.0310 of the Revised Code,
in
complying with this chapter.
Sec. 3123.034. An advance notice issued under section 3123.03
of the Revised Code as that section existed prior to the effective
date of this section shall be treated the same as a default notice
issued under section 3123.03 of the Revised Code as amended by
this act. If an obligor subject to an advance notice has not
exhausted the rights to contest withholding or deduction because
of a mistake of fact pursuant to sections 3123.02 to 3123.071 of
the Revised Code as those sections existed prior to the effective
date of this section, the obligor may proceed in accordance with
sections 3123.03 to 3123.06 of the Revised Code as amended by this
act at the comparable point of the proceedings.
Sec. 3123.04.
If
An obligor who receives a default notice
under section 3123.03 of the Revised Code may file a written
request for an administrative hearing with the child support
enforcement agency that identified the default regarding whether a
mistake of fact was made in the notice. The request must be filed
not later than seven business days after
the date on which the
default notice is sent. If the obligor
requests
makes a timely request for a hearing
regarding the
advance notice in accordance with division (C)(4) of
section 3123.03 of the Revised Code, the
child support enforcement
agency shall conduct an
administrative hearing no later than ten
days after the date on
which the obligor files the request for the
hearing. No later
than five days before the date on which the
hearing is to be
conducted, the agency shall send the obligor and
the obligee
written notice of the date, time, place, and purpose
of the
hearing. The notice to the obligor and obligee also shall
indicate that the obligor may present testimony and evidence at
the hearing only in regard to the issue of whether a mistake of
fact was made
in the
advance
default notice. At the hearing, the child support enforcement agency shall
determine whether a mistake of fact was made
in the
advance
default
notice.
If it determines that a mistake of fact was made,
the
agency shall determine the provisions that should be changed
and
included in a corrected notice and shall correct the advance
notice accordingly. The agency shall send its
determinations to
the obligor. The agency's determinations are
final and are
enforceable by the court unless, within seven
business days
after
the
agency makes its determinations, the obligor files a
written
motion with the court for a court hearing to determine
whether a
mistake of fact still exists
in the
advance
default notice
or
corrected
advance notice. If an agency's determination becomes final and enforceable
under this section, the agency shall take further action as
required under section 3123.06 of the Revised Code.
Sec. 3123.05. If,
within
not later than seven
business days
after the
child support enforcement agency makes its
determinations under
section 3123.04 of the Revised Code, the
obligor
files a written
motion for a court hearing to determine
whether a
mistake of fact
still
exists in the
advance
default
notice
or the
corrected
advance notice, the court shall hold a
hearing
on the
request as
soon as possible, but
no
not later than
ten days, after
the
request
motion is filed.
If the obligor
requests a court hearing,
no
Not later than five days before the
date on which the court
hearing is to be held, the court shall
send the obligor and the
obligee written notice by regular mail of
the date, time, place,
and purpose of the court hearing. The
hearing shall be limited
to
a determination of whether there is a
mistake of fact
in the
advance
default notice
or the corrected
advance notice. If, at a hearing conducted under this section, the court
detects a mistake of fact in the advance notice or the corrected
advance notice, it shall immediately correct the notice.
At the hearing, the court shall determine whether there is a
mistake
of fact in the default notice. On the conclusion of the
hearing, the
court shall make its determination. The
determination is final
and enforceable. The court shall take
further action as provided
in section 3123.06 of the Revised Code.
Sec. 3123.06.
On exhaustion of all rights of the obligor to
contest the withholding or deduction on the basis of a mistake of
fact and no later than the expiration of forty-five days after
the
issuance of the advance notice under section 3123.03 of the
Revised Code
(A) If either a court, under section 3123.05 of the
Revised Code, or child support enforcement agency, under section
3123.032 or 3123.04 of the Revised Code, makes a final and
enforceable determination that an obligor is in default under a
support order, one of the following shall apply:
(1) If no withholding notice was issued in accordance with
section 3123.021 of the Revised Code with respect to the order,
the court or
child support enforcement agency shall
issue one or
more notices requiring withholding or deduction of
income or
assets of the obligor in accordance with
section 3121.03 of the
Revised Code, or the court shall issue one or
more court orders
imposing other appropriate requirements in
accordance with
sections 3121.03, 3121.035, 3121.04 to 3121.08, and 3121.12
of the
Revised Code. (2) If a withholding notice was issued in accordance with
section 3123.021 of the Revised Code with respect to the order and
the final and enforceable determination of default altered the
arrearage amount stated in the default notice, the court or
agency, whichever made the determination, shall revise the
withholding notice and may issue, as appropriate, any of the
notices or orders described in division (A)(1) of this section.
(3) If a withholding notice was issued in accordance with
section 3123.021 of the Revised Code with respect to the order but
the final and enforceable determination of default did not alter
the arrearage amount stated in the default notice, the withholding
notice shall remain in effect. The court or agency, in addition
and as appropriate, may issue any other notice or order described
in division (A)(1) of this section.
(B) If a court, under section 3123.05 of the Revised Code, or
an agency, under section 3123.04 of the Revised Code, determines
that no default exists under a support order, the court or agency
shall terminate the default proceedings. If
a withholding notice
was issued in accordance with section
3123.021 of the Revised Code
with respect to the order, the court
or agency, whichever made the
final and enforceable determination,
shall revise the withholding
notice, and may issue, as
appropriate, any of the notices or
orders described in division
(A)(1) of this section, to collect
current support.
(C) A withholding or deduction notice issued under division
(A)(1), (2), or (3) of this section shall require the payment of
arrearages caused by the default along with any payment for
current support. A withholding or deduction notice or other
appropriate order described under this section shall be issued not
later than fifteen days after the determination of default under
the support order becomes final and enforceable. Section 3123.21
of the Revised Code applies to a withholding or deduction notice
or other appropriate order described under division (A) of this
section beginning on the date it is issued and ending on the date
the period of default ends.
Sec. 3123.061. Section 3123.21 of the Revised Code applies to
a withholding or deduction notice or other appropriate order
issued under section 3123.06 of the Revised Code as that section
existed prior to the effective date of this section beginning on
the date the notice or order was issued and ending on the date the
period of default ends.
Sec. 3123.062
3123.07. The failure of the
court or
office of
child support
enforcement
agency
in the department of job and
family services to give the
default notice
required by section
3123.06
3123.03 of the Revised Code does not affect the ability of
any
child support enforcement agency or court to
issue any notice
or
order for the payment of support, does not provide any
defense
to
any notice or order for the payment of support, and does not
affect
any obligation to pay support.
Sec. 3123.17. (A) When a court issues or modifies a
court support order, the court
shall determine the following: (1) Whether the obligor is in default under a prior court
support order or
the court support order being modified; (2) If the obligor is in default, the date the court support
order went
into default and the amount of
support arrearages owed
pursuant to the default. If the court determines the obligor is in default under a
support
order, the court
shall
issue a new order requiring the
obligor to pay support.
If
the court determines the default was
willful, the
court
shall
may assess interest on the arrearage
amount
from the date the court specifies as the
date of default
to the
date the court issues the new
order
requiring the payment
of
support and, if interest is assessed, shall compute the
interest
at the rate specified in
section 1343.03 of
the Revised
Code. The
court
shall specify in
the support order the amount of
interest
the
court assessed
against the obligor, if any, and
incorporate
the amount of
interest into
the new monthly payment
plan. (B) When a court issues or
modifies a court support order,
the court may include in
the support order a statement ordering
either party to pay the
costs of the action, including, but not
limited to, attorney's
fees, fees for genetic tests in contested
actions under sections
3111.01 to 3111.18 of the Revised Code,
and court
costs.
Sec. 3123.171. Notwithstanding section 1343.03 of the
Revised Code, interest may be charged on the amount of support
arrearages owed pursuant to a default
under a child support order
only as provided by section 3123.17 of
the Revised Code.
Sec. 3123.18. If a court or child support enforcement
agency made a final and enforceable determination under sections
3123.02 to 3123.071 of the Revised Code as those sections existed
prior to the effective date of this section or makes a final and
enforceable determination under sections
3123.01 to 3123.07 of the
Revised Code that an obligor is in
default under a support order,
each payment or installment that
was due and unpaid under the
support order that is the basis for
the default determination plus
any arrearage amounts that accrue
after the default determination
and during the period of default
shall be a final judgment which
has the full force, effects, and
attributes of a judgment entered
by a court of this state for
which execution may issue under Title
XXIII of the Revised Code.
Sec. 3123.181. On the request of an obligor, obligee, or
authorized representative of an obligor or obligee, the child
support enforcement agency administering the order for which a
judgment under section 3123.18 of the Revised Code has arisen
shall issue to the obligor and obligee or their authorized
representatives a certified pay-off statement of the total amount
due
on the
judgment as of the time of the request. The certified
pay-off statement
shall be valid for a period of thirty days after
the date it was
issued.
Sec. 3123.182. During the period a certified pay-off
statement issued
under section 3123.181 of the Revised Code is
valid, the obligee
under the support order for which the statement
was issued, or a
child support enforcement agency on behalf of the
obligee, may
bring an action to obtain execution on the certified
pay-off statement in
the common pleas court that issued the
support order or, if the
order is an administrative child support
order, the common pleas
court of the county served by the agency
that issued the order.
The court shall treat the certified
pay-off
statement as a rebuttable presumption of the amount of the
judgment. The court shall not require the
reduction of unpaid
support
payments and installments or
arrearages under the support
order
for which the certified pay-off statement
applies to a lump
sum
for purposes of execution.
Sec. 3123.183. Nothing in sections 3123.18 to 3123.182 of
the Revised Code limits the applicability of section 3123.22 of
the Revised Code.
Sec. 3123.25. (A) If, as a result of
information obtained
pursuant to an agreement under section
3121.74 of the Revised
Code, the office of child
support in the department of job and
family services finds or receives
notice that identifies an
obligor in default who
maintains an account with a financial
institution, the office
shall, within one business day, enter the
information into the
case registry established pursuant to section
3121.81 of the Revised Code. (B) If a child
support enforcement agency, after examining
the case registry, determines that
an obligor in default
under a
support order administered by the agency maintains an account in a
financial institution, the
agency shall determine whether the
obligor is subject to a final
and enforceable determination of
default made under sections
3123.03
3123.01 to
3123.071
3123.07 of
the Revised
Code. If the obligor is
subject to a final and
enforceable
determination of default, the agency may
issue an
access
restriction notice to the financial
institution in which
the
obligor's account is maintained.
Sec. 3123.42. If either of the following occurs with respect
to an
individual who is an obligor under a child support order,
the child support
enforcement agency administering the order may
determine whether the individual
holds a license issued by a board
or, if possible, whether the individual has
applied for, or is
likely to apply for, a license: (A) A court or child support enforcement agency makes a
final and
enforceable determination under sections
3123.02
3123.01
to
3123.071
3123.07 of the Revised Code that the
individual is in
default
under the child support order. (B) The individual fails, after receiving appropriate
notice, to
comply with a subpoena or warrant issued by the court
or child support
enforcement agency with respect to a proceeding
to enforce the child support
order.
Sec. 3123.53. If either of the following occurs with respect
to an
individual who is an obligor under a child support order,
the child support
enforcement agency administering the child
support order may determine whether
the individual holds a
driver's or commercial driver's license, motorcycle
operator's
license or endorsement, temporary instruction permit, or
commercial
driver's temporary instruction permit issued by the
registrar of motor
vehicles or a deputy registrar or, if possible,
whether the individual has
applied for or is likely to apply for
that license, endorsement, or permit: (A) A court or child support enforcement agency makes a
final and
enforceable determination under sections
3123.02
3123.01
to
3123.071
3123.07 of the Revised Code that the
individual is in
default under the child support order. (B) The individual fails, after receiving appropriate
notice, to
comply with a subpoena or warrant issued by the court
or child
support enforcement agency with respect to a proceeding
to enforce the child
support order.
Sec. 3123.62. (A) As used in this section,
"recreational
license" means any license, permit, or stamp issued pursuant to
section 1533.10, 1533.11, 1533.111, 1533.112, or 1533.32 of the
Revised Code. (B) If a court or
child support enforcement agency makes a
final and enforceable
determination pursuant to sections
3123.02
3123.01
to
3123.071
3123.07 of the
Revised Code that an individual
is in
default
under a child support order, the agency
administering the child
support order may determine whether the
individual holds a
recreational license or, if possible, whether
the individual has
applied for, or is likely to apply for, such
a
license. If the
agency determines that the individual holds,
has
applied for, or
is likely to apply for, such a license, it shall
follow procedures
that are
substantively the same as those set
forth in sections
3123.42 to 3123.46
of the Revised Code and the
division of
wildlife shall follow procedures that are
substantively the same
as those set forth in sections
3123.47 to
3123.50 of the Revised
Code with respect to the
license if both of
the following apply: (1) The division of wildlife has implemented a computer
system that maintains license numbers for licenses
issued by the
division, the names of persons to whom licenses
are issued, and
the social security numbers of persons to whom
licenses are
issued. (2) The division has established safeguards that
eliminate
the risk that social security numbers
provided to the division for
the purpose of child support
enforcement may be used for purposes
other than those permitted
by federal law.
Sec. 3123.66. If a court or a child
support enforcement
agency makes a final and enforceable
determination pursuant to
sections
3123.02
3123.01 to
3123.071
3123.07 of the Revised Code
that an obligor is in
default under a support order, the agency
administering the
support order may assert a lien on real and
personal property
of the obligor located in this state.
Sec. 3123.67. The amount of the
arrearage due under the
support order determined to be in
default pursuant to sections
3123.02
3123.01 to
3123.071
3123.07 of the Revised Code,
and any
amounts due for
current support that become an arrearage after the
date the
default determination was made, shall be a lien against
all
personal property, including after-acquired property, of the
obligor that is situated in this state. The lien may be filed
with the county recorder in each county of the state in which
the
personal property is located. The amount of the arrearage due
under the
support order determined to be in default and any
amounts due
for current support that become an arrearage after the
date the
default determination was made, shall be a lien against
real
property, including after-acquired property, of the obligor
after the lien is filed with a county recorder of this state in
which the real property is located. A lien may be filed with
the
county recorder in each county of the state in which real
property
of the obligor is located. In recording the
lien, if registered
land is involved, the county recorder shall
take all necessary
action required by Chapter 5309. of the Revised Code.
The county
recorder may
be compensated for liens filed under this section
pursuant to
the development of unit costs that are reimbursed
under the
provider contract entered into pursuant to Title
IV-D of
the "Social Security
Act," 88 Stat. 2351 (1975), 42 U.S.C. 651, as
amended.
Sec. 3123.92. If a court or child support enforcement agency
makes a final and enforceable determination pursuant to sections
3123.02
3123.01 to
3123.071
3123.07 of the Revised Code that an
obligor is in default under a
support order, the child support
enforcement agency administering the
support order shall contact
at least one consumer reporting agency in
this state and provide
to the consumer
reporting agency the obligor's name, address, and
social
security number or other identification number and any
other identifying
information concerning the obligor the child
support enforcement agency
has. A child support enforcement
agency shall not
charge a consumer reporting agency a fee for
information provided
by the child support enforcement agency
pursuant to this section.
Sec. 3924.48. (A) If a parent of a child is required by a
court or administrative order to provide health care coverage for
the child, and if the parent is eligible for family health care
coverage provided by a health insurer, the health insurer shall
do
both of the following: (1) If the child is otherwise eligible for the coverage,
permit the parent to enroll the child under the family coverage
without regard to any enrollment period restrictions; (2) If the parent is enrolled under the coverage but fails
to make application to obtain coverage for the child, enroll the
child under the family coverage upon application of the child's
other parent or pursuant to a child support order
containing
provisions in
compliance with sections
3119.30
3119.29 to
3119.58
3119.56 of the
Revised
Code. (B) The health insurer shall not terminate the child's
coverage unless the health insurer is provided satisfactory
written evidence of either of the following: (1) The court or administrative order is no longer in
effect. (2) The child is or will be enrolled under comparable
health
care coverage provided by another health insurer, which
coverage
will take effect not later than the effective date of
the
termination of the current coverage. (C) As used in this section, "child
support order" has the
same meaning as in section
3119.01 of
the Revised Code.
Sec. 3924.49. (A) If a parent of a child is required by a
court or administrative order to provide health
care
insurance
coverage for
the child, which coverage is available through an
employer doing
business in this state, the employer shall do all
of the
following: (1) If the child is otherwise eligible for the family
coverage, permit the parent to enroll the child under the
coverage
without regard to any enrollment period restrictions; (2) If the parent is enrolled under the coverage but fails
to make application to obtain coverage for the child, enroll the
child under the family coverage upon application of the child's
other parent or pursuant to a child support order
containing
provisions in
compliance with sections
3119.30
3119.29 to
3119.58
3119.56 of the
Revised
Code; (3) Withhold from the employee's compensation the
employee's
share of premiums for the health care coverage, if
any, and pay
that amount to the health insurer providing the
coverage;
(4) Comply with the requirements of sections 3119.36 to
3119.364 and 3119.42 of the Revised Code and any rules adopted by
the
department of job and family services under section 3119.51 of
the
Revised Code. (B) The employer shall not terminate the child's coverage
unless the employer has eliminated family coverage for all of its
employees or unless the employer is provided satisfactory written
evidence of either of the following: (1) The court or administrative order is no longer in
effect. (2) The child is or will be enrolled under comparable
health
care coverage that will take effect not later than the
effective
date of the termination of the current coverage. (C) As used in this section, "child support order" has the
same
meaning as in section 3119.01 of the Revised Code.
Sec. 4705.021. (A) As used in this section: (1) "Disciplinary counsel" means the disciplinary counsel
appointed by the board of commissioners on grievances and
discipline of the supreme court under the Rules for the
Government
of the Bar of Ohio. (2) "Certified grievance committee" means a duly constituted
and organized committee of the Ohio state bar
association or of
one or more local bar associations of the state
that complies with
the criteria set forth in rule V,
section 3 of the Rules for the
Government of
the Bar of Ohio. (3) "Child support order" has the same meaning as in section
3119.01 of the Revised Code. (B) If an individual who has been admitted to the bar by
order of the supreme court in compliance with its published rules
is determined pursuant to sections
3123.02
3123.01 to
3123.071
3123.07 of the
Revised Code
by a court or child support
enforcement agency
to be
in default under a support order being
administered or
handled by
a child support enforcement agency,
that
agency may send a notice
listing the name and social security
number or other
identification number of the individual and a
certified copy of
the court or agency determination that the
individual is in
default to the secretary of the board of
commissioners on
grievances and discipline of the supreme court
and to either the
disciplinary counsel or the president,
secretary, and
chairperson
of
each certified grievance committee.
Section 2. That existing sections 1349.01, 2151.231,
2151.33, 2151.49, 3111.81, 3113.07, 3119.01, 3119.30, 3119.301,
3119.31, 3119.33, 3119.34, 3119.35, 3119.37, 3119.38, 3119.40,
3119.46,
3119.47, 3119.48, 3119.49, 3119.491, 3119.50, 3119.52,
3119.53,
3119.54, 3119.56, 3119.57, 3119.58, 3119.76, 3121.03,
3121.035,
3121.27, 3121.58, 3121.67, 3121.896, 3123.01, 3123.03,
3123.031,
3123.04, 3123.05, 3123.06, 3123.062, 3123.17, 3123.25,
3123.42,
3123.53, 3123.62, 3123.66, 3123.67, 3123.92, 3924.48,
3924.49, and
4705.021
and sections 3119.41, 3119.43, 3119.44,
3119.45,
3119.51, 3123.061, 3123.07, 3123.071, and 3123.18 of
the
Revised
Code are hereby repealed.
Section 3. 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 such necessity is that
federal law requires states to begin using the national medical
support notice in child support enforcement by January 1, 2003,
and this act provides for the notice's use. Therefore, this act
shall go into immediate effect.
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