To amend sections 3119.60, 3119.61, 3119.68, 3119.74, and 3119.79 and to enact sections 3119.77 and 3119.771 of the Revised Code to provide for the modification of a child support order at the request of a member of the uniformed services called to emergency military service.

Section 1. That sections 3119.60, 3119.61, 3119.68, 3119.74, and 3119.79 be amended and sections 3119.77 and 3119.771 of the Revised Code be enacted to read as follows:

Sec. 3119.60.  If a child support enforcement agency, periodically or on request of an obligor or obligee, plans to review a child support order in accordance with the rules adopted pursuant to section 3119.76 of the Revised Code, pursuant to section 3119.771 of the Revised Code, or otherwise plans to review a child support order, it shall do all of the following prior to formally beginning the review:

(A) Establish a date certain on which the review will formally begin;

(B) At least forty-five days before formally beginning the review, send the obligor and the obligee notice of the planned review and of the date when the review will formally begin;

(C)(1) Request the obligor to provide the agency, no later than the scheduled date for formally beginning the review, with all of the following:

(a) A copy of the obligor's federal income tax return from the previous year;

(b) A copy of all pay stubs obtained by the obligor within the preceding six months;

(c) A copy of all other records evidencing the receipt of any other salary, wages, or compensation by the obligor within the preceding six months;

(d) A list of the group health insurance and health care policies, contracts, and plans available to the obligor and their costs;

(e) The current health insurance or health care policy, contract, or plan under which the obligor is enrolled and its cost;

(f) If the agency plans to review the order pursuant to section 3119.771 of the Revised Code, a notarized letter from the obligor's commanding officer specifying the commencement date of the obligor's emergency military service and the monetary compensation for that service;

(g) Any other information necessary to properly review the child support order.

(2) Request the obligee to provide the agency, no later than the scheduled date for formally beginning the review, with all of the following:

(a) A copy of the obligee's federal income tax return from the previous year;

(b) A copy of all pay stubs obtained by the obligee within the preceding six months;

(c) A copy of all other records evidencing the receipt of any other salary, wages, or compensation by the obligee within the preceding six months;

(d) A list of the group health insurance and health care policies, contracts, and plans available to the obligee and their costs;

(e) The current health insurance or health care policy, contract, or plan under which the obligee is enrolled and its cost;

(f) Any other information necessary to properly review the child support order.

(D) Include in the notice sent pursuant to division (B) of this section, one of the following:

(1) If the child support order being reviewed is a court child support order, a notice that a willful failure to provide the documents and other information requested pursuant to division (C) of this section is contempt of court;

(2) If the child support order being reviewed is an administrative child support order, a notice that if either the obligor or obligee fails to comply with the request for information, the agency may bring an action under section 3119.72 of the Revised Code requesting that the court find the obligor and the obligee in contempt pursuant to section 2705.02 of the Revised Code.

Sec. 3119.61. (A) The child support enforcement agency shall review an administrative child support order on the date established pursuant to section 3119.60 of the Revised Code for formally beginning the review of the order. If the agency determines that a modification is necessary and in the best interest of the child subject to the order, the The agency shall calculate the amount the obligor shall pay in accordance with section 3119.021 of the Revised Code if the agency determines one of the following:

(1) A modification is necessary and in the best interest of the child subject to the order;

(2) Pursuant to a review conducted under section 3119.771 of the Revised Code, the change in the obligor's income as a result of being called to emergency military service is a change of circumstances substantial enough to require a modification of the child support amount. The

(B) The agency may not grant a deviation pursuant to section 3119.23 of the Revised Code from the guidelines set forth in section 3119.021 of the Revised Code. If the agency can set the child support the obligor is to pay without granting such a deviation from the guidelines, the agency shall do the following:

(A)(1) Give the obligor and obligee notice of the revised amount of child support to be paid under the administrative child support order, of their right to request an administrative hearing on the revised child support amount, of the procedures and time deadlines for requesting the hearing, and that the agency will modify the administrative child support order to include the revised child support amount unless the obligor or obligee requests an administrative hearing on the revised amount no later than thirty days after receipt of the notice under this division;

(B)(2) If neither the obligor nor obligee timely requests an administrative hearing on the revised amount of child support, modify the administrative child support order to include the revised child support amount;

(C)(3) If the obligor or obligee timely requests an administrative hearing on the revised amount of child support, do all of the following:

(1)(a) Schedule a hearing on the issue;

(2)(b) Give the obligor and obligee notice of the date, time, and location of the hearing;

(3)(c) Conduct the hearing in accordance with the rules adopted under section 3119.76 of the Revised Code;

(4)(d) Redetermine at the hearing a revised amount of child support to be paid under the administrative child support order;

(5)(e) Modify the order to include the revised amount of child support;

(6)(f) Give notice to the obligor and obligee of the amount of child support to be paid under the order and that the obligor and obligee may object to the modified order by initiating an action under section 2151.231 of the Revised Code in the juvenile court or other court with jurisdiction under section 2101.022 or 2301.03 of the Revised Code of the county in which the mother, the father, the child, or the guardian or custodian of the child reside.

(C) If the agency modifies an existing administrative child support order, the modification shall relate back to the first day of the month following the date certain on which the review began under section 3119.60 of the Revised Code.

(D) If the agency cannot set the amount of child support the obligor will pay under the administrative child support order without granting a deviation pursuant to section 3119.23 of the Revised Code, the agency shall bring an action under section 2151.231 of the Revised Code on behalf of the person who requested that the agency review the existing administrative order or, if no one requested the review, on behalf of the obligee, in the juvenile court or other court with jurisdiction under section 2101.022 or 2301.03 of the Revised Code of the county in which the agency is located requesting that the court issue a child support order.

Sec. 3119.68.  A court required to schedule and conduct a hearing pursuant to section 3119.66 of the Revised Code shall do both of the following if the obligor or obligee failed to provide any of the items described in divisions (A)(1) to (5) and (B)(1) to (5) of this section:

(A) Order the obligor to provide the court with all of the following:

(1) A copy of the obligor's federal income tax return from the previous year;

(2) A copy of all pay stubs obtained by the obligor within the preceding six months;

(3) A copy of all other records evidencing the receipt of any other salary, wages, or compensation by the obligor within the preceding six months;

(4) A list of the group health insurance and health care policies, contracts, and plans available to the obligor and their costs;

(5) The current health insurance or health care policy, contract, or plan under which the obligor is enrolled and its cost;

(6) If the court child support order was reviewed and modified pursuant to section 3119.771 of the Revised Code, a notarized letter from the obligor's commanding officer specifying the commencement date of the obligor's emergency military service and the monetary compensation for that service.

(B) Order the obligee to provide the court with all of the following:

(1) A copy of the obligee's federal income tax return from the previous year;

(2) A copy of all pay stubs obtained by the obligee within the preceding six months;

(3) A copy of all other records evidencing the receipt of any other salary, wages, or compensation by the obligee within the preceding six months;

(4) A list of the group health insurance and health care policies, contracts, and plans available to the obligee and their costs;

(5) The current health insurance or health care policy, contract, or plan under which the obligee is enrolled and its cost.

Sec. 3119.74.  In addition to administrative reviews conducted pursuant to sections 3119.60 to 3119.63 and section 3119.771 of the Revised Code, a child support enforcement agency may conduct administrative reviews of support orders to do the following:

(A) Obtain voluntary notices or court orders under section 3121.03 of the Revised Code;

(B) Correct any errors in the amount of any arrearage owed by an obligor.

The agency shall notify the obligor and obligee of the time, date, and location of the administrative review at least fourteen days before the hearing is held.

Sec. 3119.77.  (A) As used in this section and section 3119.771 of the Revised Code:

(1) "Emergency military service" means the performance of active military duty by a member of the uniformed services for a period of more than thirty days in a time of war or emergency.

(2) "Uniformed services" means the armed forces of the United States or any reserve components of those forces, the Ohio organized militia when engaged in full-time national guard duty, and any other category of persons designated by the president in time of war or emergency.

(B) An obligor who is called to emergency military service in the uniformed services may request a review of a child support order for the purpose of modification of the amount of support required under the order. The request must be submitted to one of the following:

(1) If the order is a court child support order, the court that issued the order or the child support enforcement agency administering the order;

(2) If the order is an administrative child support order, the child support enforcement agency administering the order.

Sec. 3119.771.  (A) A child support enforcement agency that receives a request for review and modification of a child support order pursuant to section 3119.77 of the Revised Code shall complete an administrative review in accordance with sections 3119.60 to 3119.63 of the Revised Code. The change in the obligor's income as a result of being called to emergency military service shall be considered by the agency as a change of circumstances substantial enough to require a modification of the child support amount.

(B) A court that receives a request for review and modification of a child support order pursuant to section 3119.77 of the Revised Code shall review the order in accordance with section 3119.79 of the Revised Code.

Sec. 3119.79.  (A)(1) If an obligor or obligee under a child support order requests that the court modify the amount of support required to be paid pursuant to the child support order, the court shall recalculate the amount of support that would be required to be paid under the child support order in accordance with the schedule and the applicable worksheet through the line establishing the actual annual obligation. If Except as provided in division (A)(2) of this section, if that amount as recalculated is more than ten per cent greater than or more than ten per cent less than the amount of child support required to be paid pursuant to the existing child support order, the deviation from the recalculated amount that would be required to be paid under the schedule and the applicable worksheet shall be considered by the court as a change of circumstance substantial enough to require a modification of the child support amount.

(2) If an obligor requests that the court modify the amount of support required to be paid under a child support order pursuant to a request under section 3119.77 of the Revised Code, the court shall recalculate the amount of support that would be required to be paid under the order in accordance with the schedule and the applicable worksheet through the line establishing the actual annual obligation. The change in the obligor's income as a result of being called to emergency military service shall be considered by the court as a change of circumstance substantial enough to require a modification of the child support amount.

(B) In determining the recalculated support amount that would be required to be paid under the child support order for purposes of determining whether that recalculated amount is more than ten per cent greater than or more than ten per cent less than the amount of child support required to be paid pursuant to the existing child support order pursuant to division (A)(1) or (2) of this section, the court shall consider, in addition to all other factors required by law to be considered, the cost of health insurance the obligor, the obligee, or both the obligor and the obligee have been ordered to obtain for the children specified in the order. Additionally, if an obligor or obligee under a child support order requests that the court modify the support amount required to be paid pursuant to the child support order and if the court determines that the amount of support does not adequately meet the medical needs of the child, the inadequate coverage shall be considered by the court as a change of circumstance that is substantial enough to require a modification of the amount of the child support order.

(C) If the court determines that the amount of child support required to be paid under the child support order should be changed due to a substantial change of circumstances that was not contemplated at the time of the issuance of the original child support order or the last modification of the child support order, the court shall modify the amount of child support required to be paid under the child support order to comply with the schedule and the applicable worksheet through the line establishing the actual annual obligation, unless the court determines that the amount calculated pursuant to the basic child support schedule and pursuant to the applicable worksheet would be unjust or inappropriate and would not be in the best interest of the child and enters in the journal the figure, determination, and findings specified in section 3119.22 of the Revised Code.

Section 2. That existing sections 3119.60, 3119.61, 3119.68, 3119.74, and 3119.79 of the Revised Code are hereby repealed.