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Sub. H. B. No. 149 As Passed by the House
As Passed by the House
125th General Assembly | Regular Session | 2003-2004 |
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Representatives Fessler, Seitz, Williams, Gilb, Brinkman, Perry, Reidelbach, Walcher, Book, Harwood, Hollister, Mason, S. Smith, Widowfield, Willamowski, Barrett, Beatty, Blasdel, Brown, Buehrer, Carmichael, Cates, Chandler, Cirelli, Clancy, Collier, Daniels, DeBose, Distel, Domenick, C. Evans, D. Evans, Faber, Flowers, Gibbs, Grendell, Hagan, Hoops, Hughes, Jerse, Jolivette, Kearns, Kilbane, Latta, Martin, McGregor, Miller, Oelslager, Olman, Otterman, T. Patton, Price, Schaffer, Schmidt, Schneider, Seaver, Setzer, Skindell, D. Stewart, J. Stewart, Sykes, Taylor, Trakas, Wagner, Webster, White, Wolpert, Yates, Young
A BILLTo amend sections 3119.60, 3119.61, 3119.71, and 3119.74 and to enact sections 3119.77, 3119.771, 3119.772, and 3119.773 of the Revised Code to provide for review of a child support order at the request of a member of the uniformed services called to emergency military service.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3119.60, 3119.61, 3119.71, and 3119.74 be amended and sections 3119.77, 3119.771, 3119.772, and 3119.773 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 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 Except as otherwise provided in section 3119.771 of the Revised Code, 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) 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. 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 agency shall
calculate the amount the
obligor shall pay in accordance with
section 3119.021 of the Revised Code. 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) 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) 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) If the obligor or obligee timely requests an
administrative
hearing on the revised amount of child support, do
all of the
following: (1) Schedule a
hearing on the issue; (2) Give the obligor and obligee notice of the date, time,
and location of the hearing; (3) Conduct the hearing in accordance with the rules
adopted
under section 3119.76 of the Revised Code; (4) Redetermine at the
hearing a revised amount of child
support to be paid under the administrative
child support order; (5) Modify the order to include the revised amount of child
support; (6) 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. If Except as otherwise provided in section 3119.772 of the Revised Code, 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. 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. 3119.71. If Except as otherwise provided in section 3119.772 of the Revised Code: (A) If the obligor or obligee does not request a
court hearing
on the revised child support amount determined by
the child support
enforcement agency
and filed with the court
pursuant to section 3119.63 of the
Revised
Code and the court
modifies the
order to include the revised amount pursuant to
section 3119.65 of the Revised Code, the
modification shall relate
back to the first day of the month following the
date certain on
which the
review of the court child support order began pursuant
to
division (A) of section
3119.60 of the Revised
Code. If (B) If the
obligor or
obligee requests a court hearing on the revised child
support amount
and the court, after conducting a hearing, modifies
the
court child support amount under the order, the modification
shall
relate back to the
first day of the month following the date
on which the
review of the court child support order began
pursuant to division
(A) of section 3119.60 of the
Revised Code.
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 sections 3119.771, 3119.772, and 3119.773 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 the child support enforcement agency administering the order. (C) An obligor who makes a request under division (B) of this section must indicate that the reason for the modification is the obligor's emergency military service and provide with the request a notarized letter from the obligor's commanding officer or any other appropriate documentation specifying the commencement date of the obligor's emergency military service and the monetary compensation for that service.
(D) The obligor may provide the child support enforcement agency with a notarized statement designating another individual to act in the administrative review and modification on behalf of the obligor.
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 send to the obligor and obligee, not later than three business days after receipt of the request, notice of the review and of the date it will begin.
The child support enforcement agency shall complete an administrative review in accordance with sections 3119.60 to 3119.63 of the Revised Code. The obligor's call to emergency military service shall be considered by the agency as a change of circumstances substantial enough to require a review of the child support amount. (B) On receipt of a notarized statement from an obligor designating another individual to act for the obligor, the child support enforcement agency shall allow the individual to act on the obligor's behalf during the agency's review of the order and shall provide the other individual with any notices required to be given under sections 3119.60 to 3119.63 of the Revised Code, including the notice sent pursuant to division (A) of this section. If, with respect to the review of a court child support order under section 3119.63 of the Revised Code, the obligor or obligee requests a court hearing, the court shall provide the individual acting on behalf of the obligee with any notices required to be given under sections 3119.67 to 3119.69 of the Revised Code.
Sec. 3119.772. If a child support enforcement agency, with respect to an administrative child support order, or a court, with respect to a court child support order, modifies a child support order based on an administrative review conducted pursuant to section 3119.77 of the Revised Code, the modification shall relate back to the later of the date the child support enforcement agency sent notice of the review pursuant to division (A) of section 3119.771 of the Revised Code or the first day of the month in which the obligor's emergency military service begins. The agency or court shall include a provision in the modified order stating that the modification will terminate and the prior amount of support be reinstated as of the first day of the month following the date that the obligor's emergency military service ends. Sec. 3119.773. If the amount to be paid under a child support order is modified pursuant to an administrative review conducted pursuant to section 3119.771 of the Revised Code, the obligor shall provide written notice of the date of termination of the obligor's emergency military service to the child support enforcement agency administering the order not later than the last day of the month in which the service ends.
Section 2. That existing sections 3119.60, 3119.61, 3119.71, and 3119.74 of the Revised Code are hereby repealed.
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