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H. B. No. 136 As Introduced
|126th General Assembly|
Representatives Gilb, Hood, McGregor, Allen, Harwood
To amend sections 3111.07 and 3123.171 and to repeal section 3111.381 of the Revised Code relative to paternity actions and interest on child support arrearages.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3111.07 and 3123.171 be amended to read as follows:
Sec. 3111.07. (A) The natural mother, each man presumed
to be the father under section 3111.03 of the Revised Code, and each
man alleged to be the natural father
, and, if the party who
initiates the action is a recipient of public assistance as
defined in section 3111.04 of the Revised Code or if
responsibility for the collection of support for the child who is
the subject of the action has been assumed by the child support
enforcement agency under Title IV-D of the "Social Security Act,"
88 Stat. 2351 (1975), 42 U.S.C.A. 651, as amended, the child
support enforcement agency of the county in which the child
resides shall be made parties to the action brought pursuant to
sections 3111.01 to 3111.18 of the Revised Code or, if
subject to the jurisdiction of the court, shall be given notice
of the action pursuant to the Rules of Civil Procedure and shall
be given an opportunity to be heard. The child support enforcement agency of the county in which the action is brought also shall be given notice of the action pursuant to the Rules of Civil Procedure and shall be given an opportunity to be heard. The court may align the
parties. The child shall be made a party to the action unless a
party shows good cause for not doing so. Separate counsel shall
be appointed for the child if the court finds that the child's
interests conflict with those of the mother.
If the person bringing the action knows that a particular
man is not or, based upon the facts and circumstances present,
could not be the natural father of the child, the person bringing
the action shall not allege in the action that the man is the
natural father of the child and shall not make the man a party to
(B) If an action is brought pursuant to sections 3111.01
to 3111.18 of the Revised Code and the child to whom
pertains is or was being provided support by the department of
job and family services, a county department of
job and family services, or another
public agency, the department, county department, or agency may
intervene for purposes of collecting or recovering the support.
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 When a court renders a judgment on a child support arrearage, interest shall accrue on that arrearage at a rate specified in section 1343.03 of the Revised Code. The interest shall accrue from the date the judgment is rendered to the date on which the money is paid. A court may assess interest on a child support arrearage prior to judgment pursuant to section 3123.17 of
the Revised Code.
Section 2. That existing sections 3111.07 and 3123.171 and section 3111.381 of the Revised Code are hereby repealed.