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H. B. No. 561 As IntroducedAs Introduced
129th General Assembly | Regular Session | 2011-2012 |
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Cosponsors:
Representatives Adams, J., Huffman, Grossman, Duffey, Garland
A BILL
To amend sections 3111.29, 3111.38, 3111.49, 3111.78,
3111.80, 3111.81, 3111.84, 3119.30, 3119.38,
3119.43, 3119.60, 3119.61, 3119.63, 3119.72,
3119.76, 3119.77, 3119.82, 3119.87, 3119.88,
3119.89, 3119.90, 3119.91, 3119.92, 3121.01,
3121.02, 3121.035, 3121.12, 3121.29, 3121.33,
3121.34, 3123.031, 3123.04, 3123.05, 3123.06,
3123.14, 3123.25, 3123.27, 3123.30, 3123.31,
3123.34, 3123.35, 3123.72, 3123.821, and 3123.822,
to enact sections 3111.801 and 3119.631, and to
repeal section 3121.11 of the Revised Code to
amend the Child Support Laws.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3111.29, 3111.38, 3111.49, 3111.78,
3111.80, 3111.81, 3111.84, 3119.30, 3119.38, 3119.43, 3119.60,
3119.61, 3119.63, 3119.72, 3119.76, 3119.77, 3119.82, 3119.87,
3119.88, 3119.89, 3119.90, 3119.91, 3119.92, 3121.01, 3121.02,
3121.035, 3121.12, 3121.29, 3121.33, 3121.34, 3123.031, 3123.04,
3123.05, 3123.06, 3123.14, 3123.25, 3123.27, 3123.30, 3123.31,
3123.34, 3123.35, 3123.72, 3123.821, and 3123.822 be amended and
sections 3111.801 and 3119.631 of the Revised Code be enacted to
read as follows:
Sec. 3111.29. Once an acknowledgment of paternity becomes
final under section 3111.25 of the Revised Code, the mother or
other custodian or guardian of the child may file a complaint
pursuant to 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 child or
the guardian or legal custodian of the child resides requesting
that the court order the father or mother to pay an amount for the
support of the child, or may contact the child support enforcement
agency for assistance in obtaining the order, or may request that
an administrative officer of a child support enforcement agency
issue an administrative order for the payment of child support
pursuant to section 3111.81 of the Revised Code a child support
order as defined in section 3119.01 of the Revised Code.
Sec. 3111.38. At the request of a person described in
division (A) of section 3111.04 of the Revised Code and upon
completion and filing of an application for services administered
under Title IV-D of the "Social Security Act," 88 Stat. 2351
(1975), 42 U.S.C. 651, as amended, or other IV-D referral the
child support enforcement agency of the county in which a child
resides or in which the guardian or legal custodian of the child
resides shall determine the existence or nonexistence of a parent
and child relationship between an alleged father and the child.
Sec. 3111.49. The mother, alleged father, and guardian or
legal custodian of a child may object to an administrative order
determining the existence or nonexistence of a parent and child
relationship by bringing, within
thirty fourteen days after the
date the administrative officer issues the order, an action under
sections 3111.01 to 3111.18 of the Revised Code in the juvenile
court or other court with jurisdiction under section 2101.022 or
2301.03 of the Revised Code in the county in which the child
support enforcement agency that employs the administrative officer
who issued the order is located. If the action is not brought
within the thirty-day fourteen-day period, the administrative
order is final and enforceable by a court and may not be
challenged in an action or proceeding under Chapter 3111. of the
Revised Code.
Sec. 3111.78. A parent, guardian, or legal custodian of a
child, the person with whom the child resides, or the child
support enforcement agency of the county in which the child,
parent, guardian, or legal custodian of the child resides may do
either of the following to require a man to pay support and
provide for the health care needs of the child if the man is
presumed to be the natural father of the child under section
3111.03 of the Revised Code:
(A) If the presumption is not based on an acknowledgment of
paternity, file a complaint pursuant to 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 child, parent, guardian, or legal
custodian resides;
(B) Ask an administrative officer of a child support
enforcement agency to issue an administrative order pursuant to
section 3111.81 of the Revised Code;
(C) Contact a child support enforcement agency for to request
assistance in obtaining an order for support and the provision of
health care for the child.
Sec. 3111.80. If a request for issuance of an administrative
support order is made under section 3111.29 or 3111.78 of the
Revised Code or Upon receipt of a completed application for
services administered under Title IV-D of the "Social Security
Act," 88 Stat. 2351 (1975), 42 U.S.C. 651, as amended, or other
IV-D referral, if an administrative officer issues an
administrative order determining the existence of a parent and
child relationship under section 3111.46 of the Revised Code, if a
presumption of paternity exists under section 3111.03 of the
Revised Code, or if a duty of support otherwise exists under
section 3103.031 or Chapter 3115. of the Revised Code, the
administrative officer shall schedule an administrative hearing to
determine, in accordance with Chapters 3119. and 3121. of the
Revised Code, the amount of child support any parent is required
to pay, the method of payment of child support, and the method of
providing for the child's health care.
The administrative hearing
shall be conducted by an administrative officer assigned by the
agency.
The administrative officer shall send the mother and the
father of the child notice of the date, time, place, and purpose
of the administrative hearing. With respect to an administrative
hearing scheduled pursuant to an administrative order determining,
pursuant to section 3111.46 of the Revised Code, the existence of
a parent and child relationship, the officer shall attach the
notice of the administrative hearing to the order and send it in
accordance with that section.
The notice shall include the
request described in section 3111.801 of the Revised Code, that if
either the mother or the father of the child fails to comply with
a request for information in accordance with that section, the
child support enforcement agency is permitted to make reasonable
assumptions regarding the information the person failed to provide
and the agency shall proceed with the determination of support in
the same manner as if all requested information had been supplied.
The Rules of Civil Procedure shall apply regarding the sending of
the notice and any summons related to the hearing, except to the
extent the
civil rules, by their nature, are clearly inapplicable
and except that references in the
civil rules to the court or the
clerk of the court shall be construed as being references to the
child support enforcement agency or the administrative officer.
The hearing shall be held no later than sixty days after the
request is made under section 3111.29 or 3111.78 of the Revised
Code or an administrative officer issues an administrative order
determining the existence of a parent and child relationship under
section 3111.46 of the Revised Code Title IV-D application is
submitted to or the Title IV-D referral is received by the child
support enforcement agency and the agency has sufficient
information to complete service of process. The hearing shall not
be held earlier than thirty days after the officer gives the
mother and father notice of the hearing. If the mother or father
fails to comply with a request for information in accordance with
section 3111.801 of the Revised Code, the child support
enforcement agency may proceed in accordance with section 3119.72
of the Revised Code, make reasonable assumptions regarding the
information the person failed to provide, and proceed with the
determination of support in the same manner as if all requested
information had been supplied.
Sec. 3111.801. If an administrative officer schedules an
administrative support hearing in accordance with section 3111.80
of the Revised Code, the administrative officer shall include in
the notice described in section 3111.80 of the Revised Code a
request that the mother and father provide the agency, not later
than the date scheduled for formally beginning the administrative
hearing, all of the following:
(A) A copy of the mother's and father's most recently filed
federal income tax return and all supporting schedules and
documents;
(B) A copy of all pay stubs obtained by the mother and father
within the immediately preceding six months;
(C) A copy of all other records evidencing the receipt of any
other salary, wages, or compensation by the mother and father
within the immediately preceding six months;
(D) A list of the group health insurance and health care
policies, contracts, and plans available to the father and mother
and their costs;
(E) The current health insurance or health care policy,
contract, or plan under which the father and mother are enrolled
and its cost;
(F) If the mother or father is a member of the uniformed
services and is on active military duty, a copy of the mother's or
father's leave and earnings statement;
(G) Any other information necessary to properly establish the
child support order.
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 become effective on the
date of the administrative hearing. The order shall do all of the
following in accordance with Chapters 3119. and 3121. of the
Revised Code:
(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 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 3119.29 to 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 that the administrative order is final and enforceable
by a court and 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. 3111.84. The mother or father of a child who is the
subject of an administrative support order may object to the order
by bringing an action for the payment of support and provision for
the child's health care 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 child support enforcement agency that employs the
administrative officer issues the order is located. The
administrative support order shall remain in effect during the
pendency of the objection. The action shall be brought not later
than thirty fourteen days after the date of the issuance of the
administrative support order. If neither the mother nor the father
brings an action for the payment of support and provision for the
child's health care within that thirty-day period, the The
administrative support order is final and enforceable by a court
as of the date it is issued and may be modified only as provided
in Chapters 3119., 3121., and 3123. of the Revised Code.
Sec. 3119.30. (A) 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 person or persons responsible for the health care of
the children subject to the child support order and shall include
provisions for the health care of the children in the child
support order. The order shall specify that the obligor and
obligee are both liable for the health care of the children who
are not covered by private health insurance or cash medical
support as calculated in accordance with section 3119.022 or
3119.023 of the Revised Code, as applicable.
(B) 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 one of the following:
(1) A requirement that both the obligor and the obligee
obtain private 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 would provide
for coordination of medical benefits without unnecessary
duplication of coverage.
(2) A requirement that the obligee obtain private health
insurance coverage for the children if coverage is available
through any group policy, contract, or plan available to the
obligee and is available at a more reasonable cost than coverage
is available to the obligor;
(3) A requirement that the obligor obtain private health
insurance coverage for the children if coverage is available
through any group policy, contract, or plan available to the
obligor at a more reasonable cost than coverage is available to
the obligee;
(4) If health insurance coverage for the children is not
available at a reasonable cost to the obligor or the obligee at
the time the court or child enforcement agency issues the order, a
requirement that the obligor or the obligee immediately inform the
child support enforcement agency that private health insurance
coverage for the children has become available to either the
obligor or obligee. The child support enforcement agency shall
determine if the private health insurance coverage is available at
a reasonable cost and if coverage is reasonable, division (B)(2)
or (3) shall apply, as applicable.
(C) When a child support order is issued or modified, and the
obligor's gross income is one hundred fifty per cent or more of
the federal poverty level for an individual, the order shall
include the amount of cash medical support to be paid by the
obligor that is either five per cent of the obligor's adjusted
gross income or the obligor's share of the United States
department of agriculture estimated annual health care expenditure
per child as determined in accordance with federal law and
regulation, whichever is the lower amount. The amount of cash
medical support paid by the obligor shall be paid during any
period after the court or child support enforcement agency issues
or modifies the order in which the children are not covered by
private health insurance.
(D) Any cash medical support paid pursuant to division (C) of
this section shall be paid by the obligor to either the obligee if
the children are not Medicaid medicaid recipients, or to the
office of child support to defray the cost of Medicaid medicaid
expenditures if the children are Medicaid medicaid recipients. The
child support enforcement agency administering the court or
administrative order shall amend the amount of monthly child
support obligation to reflect the amount paid when private health
insurance is not provided, as calculated in the current order
pursuant to section 3119.022 or 3119.023 of the Revised Code, as
applicable.
The child support enforcement agency shall give the obligor
notice in accordance with Chapter 3121. of the Revised Code and
provide the obligor an opportunity to be heard for an
administrative hearing if the obligor believes there is a mistake
of fact regarding the availability of private health insurance at
a reasonable cost as determined under division (B) of this
section.
The obligor shall file a written request with the agency
requesting the administrative hearing not later than fourteen days
after the notice is issued.
(E) The obligor shall begin payment of any cash medical
support on the first day of the month immediately following the
month in which private health insurance coverage is unavailable or
terminates and shall cease payment on the last day of the month
immediately preceding the month in which private health insurance
coverage begins or resumes. During the period when cash medical
support is required to be paid, the obligor or obligee must
immediately inform the child support enforcement agency that
health insurance coverage for the children has become available.
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 the
notice. The hearing shall address whether a mistake of fact was
made in the national medical support notice referred to in the
notice of medical support enforcement activity issued by the
agency. The request must be filed not later than seven business
fourteen 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 the 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 fourteen days
after the agency makes issues 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. 3119.43. If 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 may 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 person to comply with the child support order.
The court may punish the person for contempt under Chapter 2705.
of the Revised Code for the failure.
Sec. 3119.60. If a child support enforcement agency,
periodically or on request of an obligor or obligee who has
completed and filed an application for services administered under
Title IV-D of the "Social Security Act," 88 Stat. 2351 (1975), 42
U.S.C. 651, as amended, 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) Except as otherwise provided in section 3119.771 of the
Revised Code, at least forty-five thirty days before formally
beginning the review, send the obligor and the obligee notice by
ordinary mail of the planned review and, of the date when the
review will formally begin, and that the review may revise any
addition or adjustment to any payment on arrearages in accordance
with section 3123.21 of the Revised Code;
(C)(1) Request the obligor mother and father to provide the
agency, no later than the scheduled date for formally beginning
the review, with all of the following:
(a)(1) A copy of the obligor's mother's and father's federal
income tax return and all supporting schedules and documentation
from the previous year;
(b)(2) A copy of all pay stubs obtained by the obligor mother
and father within the preceding six months;
(c)(3) A copy of all other records evidencing the receipt of
any other salary, wages, or compensation by the obligor mother and
father within the preceding six months;
(d)(4) A list of the group health insurance and health care
policies, contracts, and plans available to the obligor mother and
father and their costs;
(e)(5) The current health insurance or health care policy,
contract, or plan under which the obligor mother or father is
enrolled and its cost;
(f)(6) If the obligor mother or father is a member of the
uniformed services and is on active military duty, a copy of the
obligor's Internal Revenue Service form W-2, "Wage and Tax
Statement," and a copy of a mother's or father's leave and
earnings statement detailing the obligor's earnings and leave with
the uniformed services;
(g)(7) 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, including the tricare program
offered by the United States department of defense, 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 or the agency may make
reasonable assumptions with respect to the information the person
did not provide, in accordance with section 3119.72 of the Revised
Code;
(2) If the child support order being reviewed is an
administrative child support order, a notice that if either the
obligor mother or obligee father 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 make reasonable assumptions with respect to the
information the person did not provide in accordance with section
3119.72 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 an adjustment 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 and may add or adjust
payment on arrearages in accordance with section 3123.21 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, by ordinary mail, 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 fourteen days after
receipt of the notice
under this division is issued;
(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 obligations under the administrative child
support order, including adding or adjusting a payment on
arrearages in accordance with section 3123.21 of the Revised Code;
(5) Modify the order to include the revised amount of child
support;
(6) Give notice, by ordinary mail, 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 child support enforcement agency that issued the
order is located.
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. 3119.63. The child support enforcement agency shall
review a court child support order on the date established
pursuant to section 3119.60 of the Revised Code for formally
beginning the review of the order and shall do all of the
following:
(A) Calculate a revised amount of child support to be paid
child support computation worksheet and issue a revised child
support recommendation under the court child support order,
including adding or adjusting a payment on arrearages in
accordance with section 3123.21 of the Revised Code;
(B) Give the obligor and obligee notice by ordinary mail of
the revised amount of child support, of their right to request an
administrative hearing on the revised amount, of the procedures
and time deadlines for requesting the hearing, and that the
revised amount of child support will be submitted to the court for
inclusion in a revised court child support order unless the
obligor or obligee requests an administrative hearing on the
proposed change within fourteen days after receipt of the notice
under this division is issued;
(C) Give the obligor and obligee notice by ordinary mail that
if the court child support order contains a deviation granted
under section 3119.23 or 3119.24 of the Revised Code or if the
obligor or obligee intends to request a deviation from the child
support amount to be paid under the court child support order, the
obligor and obligee have a right to request a court hearing on the
revised amount of child support without first requesting an
administrative hearing and that the obligor or obligee, in order
to exercise this right, must make the request for a court hearing
no later than fourteen days after receipt of the notice is issued;
(D) If neither the obligor nor the obligee timely requests,
pursuant to division (C) of this section, an administrative or
court hearing on the revised amount of child support, submit the
revised amount of child support to the court for inclusion in a
revised court child support order;
(E) If the obligor or the obligee timely requests an
administrative hearing on the revised child support amount,
schedule a hearing on the issue, give the obligor and obligee
notice of the date, time, and location of the hearing, conduct the
hearing in accordance with the rules adopted under section 3119.76
of the Revised Code, redetermine and determine at the hearing a
revised amount of child support to be paid obligations under the
court child support order, and including adding or adjusting a
payment on arrearages in accordance with section 3123.21 of the
Revised Code.
(F) If an agency determines a revised support obligation
under division (E) of this section, give notice to the obligor and
obligee of the revised amount of child support, that they may
request a court hearing on the revised amount within fourteen days
after notice of the revised amount is issued, and that the agency
will submit the revised amount of child support to the court for
inclusion in a revised court child support order, if neither the
obligor nor the obligee requests a court hearing on the revised
amount of child support;
(F)(G) If neither the obligor nor the obligee requests,
pursuant to division (E)(F) of this section, a court hearing on
the revised amount of child support, submit the revised amount of
child support to the court for inclusion in a revised court child
support order.
Sec. 3119.631. Upon submission of a recommendation pursuant
to section 3119.63 of the Revised Code for inclusion in a revised
court child support order, the court shall only reconsider the
allocation of the federal income deduction pursuant to section
3119.82 of the Revised Code if a party files a request for a
hearing on the matter.
Sec. 3119.72. (A) If either the obligor or the obligee fails
to comply with a request for information made pursuant to section
3111.801 or division (C) of section 3119.60 of the Revised Code,
one of the following applies:
(A) If the child support order being reviewed is a court
child support order, failure to comply with a request for
information is contempt of court, and the child support
enforcement agency shall notify the court of the failure to comply
with the request for information. The the agency may request do
either of the following:
(1) Request the court of appropriate jurisdiction of the
county in which the agency is located to issue an order requiring
the parent, the obligor, or the obligee to provide the information
as requested
or take whatever action is necessary to obtain the
information and make;
(2) Make any reasonable assumptions necessary with respect to
the information the person
in contempt of court did not provide to
ensure a fair and equitable review of the child support order or
establishment of an administrative order under section 3111.81 of
the Revised Code.
(B) If the child support order being reviewed is an
administrative child support order, the agency may request that
the court of common pleas of the county in which the agency is
located issue an order requiring the obligor or obligee to comply
with the agency's request for information. The agency may request
that the order require the obligor or obligee to provide the
necessary information or permit the agency to take whatever action
is necessary to obtain the information and make any reasonable
assumptions necessary with respect to the information not provided
to ensure a fair and equitable review of the administrative child
support order. An obligor or obligee who fails to comply with the
court order is in contempt of court. If an obligor or obligee is
in contempt of court, the agency may request the court to hold the
person who failed to comply in contempt or to permit the agency to
take whatever action is necessary to obtain information and make
any reasonable assumptions necessary with respect to the income of
the person who failed to comply with the request to ensure a fair
and equitable review of the administrative child support order.
(B) If the agency decides to conduct the review of the child
support order, or issue an administrative order, based on
reasonable assumptions with respect to the information the person
in contempt of court did not provide, it shall proceed under
section 3111.81, 3119.61, or 3119.63 of the Revised Code in the
same manner as if all requested information has been received.
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 3119.29 to 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
thirty 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 3119.29 to 3119.56 of the Revised Code.
Sec. 3119.77. (A) As used in this section and sections
3119.771, 3119.772, and 3119.773 of the Revised Code:
(1) "Active military service" means the performance of active
military duty by a member of the uniformed services for a period
of more than thirty days.
(2) "Uniformed services" means any reserve components of the
armed forces of the United States or the Ohio organized militia
when engaged in full-time national guard duty for a period of more
than thirty days.
(B) An obligor who is called to active 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 active military service and provide with the request any
orders or other appropriate documentation specifying the
commencement date of the obligor's active military service and the
monthly monetary compensation for that service. The obligor also
shall submit documentation on all other outside income.
(D) The obligor may provide the child support enforcement
agency with a military power of attorney executed pursuant to 10
U.S.C. 10446 1044b designating another individual to act in the
administrative review and modification on behalf of the obligor.
By designating another individual to so act on behalf of the
obligor, the obligor waives any right of an appearance and any
right to request a stay of the action or proceeding.
Sec. 3119.82. Whenever Except when issuing a revised support
order as recommended pursuant to section 3119.63 of the Revised
Code, whenever a court issues, or whenever it
a court modifies,
reviews, or otherwise reconsiders a court child support order, it
or upon the request of any party, the court shall designate which
parent may claim the children who are the subject of the court
child support order as dependents for federal income tax purposes
as set forth in section 151 of the "Internal Revenue Code of
1986," 100 Stat. 2085, 26 U.S.C. 1, as amended. If the parties
agree on which parent should claim the children as dependents, the
court shall designate that parent as the parent who may claim the
children. If the parties do not agree, the court, in its order,
may permit the parent who is not the residential parent and legal
custodian to claim the children as dependents for federal income
tax purposes only if the court determines that this furthers the
best interest of the children and, with respect to orders the
court modifies, reviews, or reconsiders, the payments for child
support are substantially current as ordered by the court for the
year in which the children will be claimed as dependents. In cases
in which the parties do not agree which parent may claim the
children as dependents, the court shall consider, in making its
determination, any net tax savings, the relative financial
circumstances and needs of the parents and children, the amount of
time the children spend with each parent, the eligibility of
either or both parents for the federal earned income tax credit or
other state or federal tax credit, and any other relevant factor
concerning the best interest of the children.
If the court determines that the parent who is not the
residential parent and legal custodian may claim the children as
dependents for federal income tax purposes, it shall order the
residential parent to take whatever action is necessary pursuant
to section 152 of the "Internal Revenue Code of 1986," 100 Stat.
2085, 26 U.S.C. 1, as amended, to enable the parent who is not the
residential parent and legal custodian to claim the children as
dependents for federal income tax purposes in accordance with the
order of the court. Any willful failure of the residential parent
to comply with the order of the court is contempt of court.
Sec. 3119.87. The parent who is the residential parent and
legal custodian of a child for whom a child support order is
issued or the person who otherwise has custody of a child for whom
a child support order is issued immediately shall notify, and the
obligor under a child support order may notify, the child support
enforcement agency administering the child support order of any
reason for which the child support order should terminate. Nothing
in this section shall preclude a person from notifying the agency
that a reason for which a child support order should terminate is
imminent. With respect to a court child support order, a willful
failure to notify the child support enforcement agency as required
by this division is contempt of court.
Sec. 3119.88. (A) Reasons for which a child support order
should administratively terminate include all of the following:
(A)(1) The child's attainment of child attains the age of
majority if the child no longer attends an accredited high school
on a full-time basis and the child support order requires support
to continue past the age of majority only if the child
continuously attends such a high school after attaining that age;
(B)(2) The child ceasing ceases to attend an accredited high
school on a full-time basis after attaining the age of majority,
if the child support order requires support to continue past the
age of majority only if the child continuously attends such a high
school after attaining that age;
(C)(3) A court child support order specifies a termination
date for the order that is after a child reaches nineteen years of
age and the date specified in the order has been reached;
(D)(5) The child's marriage;
(E)(6) The child's emancipation;
(F)(7) The child's enlistment in the armed services;
(G)(8) The child's deportation;
(H)(9) Change of legal custody of the child;
(10) The child's adoption;
(11) The obligor's death;
(12) The grandparent to whom support is being paid or a
grandparent who is paying support reports that the grandparent's
support order should terminate as a result of one of the events
described in division (D) of section 3109.19 of the Revised Code;
(13) Marriage of the obligor under a child support order to
the obligee.
(B) A child support order may be terminated or suspended by
the court for any of the reasons listed in division (A) of this
section and, unless otherwise prohibited by law, any other
appropriate reasons brought to the attention of the court.
Sec. 3119.89. (A) Upon receipt of a notice pursuant to
section 3119.87 of the Revised Code and upon completion and filing
of an application for services under Title IV-D of the "Social
Security Act," 88 Stat. 2351 (1975), 42 U.S.C. 651, as amended,
the child support enforcement agency administering a child support
order, within twenty days after receipt of the notice, shall
complete an investigation. The agency administering a child
support order may conduct an investigation upon its own initiative
if it otherwise has reason to believe that there may be a reason
for which the order should terminate. Nothing in sections 3119.86
to 3119.94 of the Revised Code shall preclude the agency from
initiating an investigation under this section before a reason for
which the order should terminate has occurred. The agency's
investigation shall determine the following:
(1) Whether any reason exists for which the order should
terminate;
(2) Whether there are other children subject to the order;
(3) Whether the obligor owes any arrearages under the order;
(4) Whether the agency believes it is necessary to continue
withholding or deduction pursuant to a notice or order described
in section 3121.03 of the Revised Code for the other children or
arrearages;
(5) Whether child support amounts paid pursuant to the order
being investigated should be impounded because continuation of
receipt and disbursement would lead to an overpayment by the
obligor.
(B) If the agency, pursuant to the investigation under
division (A) of this section, determines that other children are
subject to the child support order and that it is necessary to
continue withholding or deduction for the other children, the
agency shall divide the child support due annually and per month
under the order by the number of children who are the subject of
the order and subtract the amount due for the child for whom the
order should be terminated from the total child support amount due
annually and per month. The resulting annual and per month child
support amount shall be included in the results of the agency's
investigation as the recommended child support amount due annually
and monthly under a revised child support order. If arrearage
amounts are owed, those amounts may be included as part of the
recommended child support amount. The investigation under division
(A) of this section shall not include a review pursuant to
sections 3119.60 to 3119.76 of the Revised Code of any other
children subject to the child support order.
Sec. 3119.90. (A) If, pursuant to an investigation conducted
under section 3119.89 of the Revised Code, the child support
enforcement agency determines both that a child support order
should terminate and that child support amounts paid pursuant to
the order should be impounded because continuation of receipt and
disbursement would lead to an overpayment by the obligor, the
agency shall do the following:
(1) With respect to a court child support order, immediately
notify the court that issued the order of the results of its
investigation and submit to the court an order impounding any
funds received for the child pursuant to the court child support
order that was under investigation;
(2) With respect to an administrative child support order,
issue an administrative order impounding any funds received for
the child pursuant to the administrative child support order that
was under investigation.
(B) A child support enforcement agency that conducts an
investigation of a child support order shall give the obligor and
obligee under the order notice of the results of its investigation
and a copy of any court or administrative impound order issued
pursuant to division (A) of this section. The obligor and obligee
also shall be given all of the following:
(1) Notice of their right to request an administrative
hearing regarding any conclusions of the investigation;
(2) Notice of the procedures and time deadlines for
requesting the hearing;
(3)(a) Notice that the conclusions of the investigations will
be issued as an administrative order by the agency if the
underlying order is an administrative child support order;
(b) Notice that the conclusions of the investigations will be
submitted to the court for inclusion into a revised or terminated
court child support order with no further court hearing if the
underlying order is a court child support order.
(4) Notice that no revised administrative or court child
support order will be issued if either the obligor or obligee
requests an administrative hearing on the investigation
conclusions within thirty fourteen days after
receipt of the
notice
is issued under this division.
Sec. 3119.91. If an obligor or obligee under a child support
order timely requests an administrative hearing pursuant to
section 3119.90 of the Revised Code, the child support enforcement
agency shall schedule a hearing on the issue, give the parties
notice of the date, time, and location of the hearing, and conduct
the hearing. On completion of the hearing, the child support
enforcement agency shall issue a decision. The decision shall
include a notice stating that the obligor or obligee may object to
the decision by filing a motion within thirty fourteen days after
the issuance of the decision in one of the following courts
requesting a determination as to whether the order should be
terminated or whether any other appropriate determination
regarding the order should be made:
(A) With respect to a court child support order, in the court
that issued the order or that otherwise has jurisdiction over the
order;
(B) With respect to an administrative child support order,
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 that issued the order is located.
The notice shall also state that if neither the obligor nor
the obligee files the motion within the thirty-day fourteen-day
period, the administrative hearing decision is final and will be
filed with the court or in the administrative case file.
Sec. 3119.92. If the obligor, the obligee, or both file a
motion as described in section 3119.91 of the Revised Code within
the thirty-day fourteen-day period, the court shall set the case
for a hearing for a determination as to whether the support order
should be terminated or whether the court should take any other
appropriate action. On the filing of the motion, the court shall
issue an order directing that the impoundment order issued by the
child support enforcement agency regarding support amounts
received for the child remain in effect while the motion is
pending. If neither the obligor nor the obligee files a motion as
described in section 3119.91 of the Revised Code within the
thirty-day fourteen-day period, the administrative hearing
decision is final and will be filed with the court or in the
administrative case file.
Sec. 3121.01. As used in this chapter:
(A) "Court Administrative child support order," "child
support order," "court child support order," "court support
order,"
and
"obligee," "obligor," "personal earnings," and
"support order" have the same meanings as in section 3119.01 of
the Revised Code.
(B) "Default" means any failure to pay under a support order
that is an amount greater than or equal to the amount of support
payable under the support order for one month.
(C) "Financial institution" means a bank, savings and loan
association, or credit union, or a regulated investment company or
mutual fund.
(D) "Income" means any form of monetary payment, including
personal earnings; workers' compensation payments; unemployment
compensation benefits to the extent permitted by, and in
accordance with, sections 3121.07 and 4141.284 of the Revised
Code, and federal law governing the department of job and family
services; pensions; annuities; allowances; private or governmental
retirement benefits; disability or sick pay; insurance proceeds;
lottery prize awards; federal, state, or local government benefits
to the extent that the benefits can be withheld or deducted under
the law governing the benefits; any form of trust fund or
endowment; lump sum payments, including a one-time pay supplement
of one hundred fifty dollars or more paid under section 124.183 of
the Revised Code; and any other payment in money.
(E) "Intercept directive" means a document sent by a child
support enforcement agency to a payor that either requires the
payor to transmit all or any portion of a lump sum payment to the
office of child support if the obligor is in default or has any
arrearages under a support order, or that requires the payor to
immediately pay the full amount of the lump sum payment to the
obligor if the obligor is not under a default order and does not
have any arrearages under the order, in accordance with section
3121.12 of the Revised Code.
(F) "Payor" means any person or entity that pays or
distributes income to an obligor, including an obligor if the
obligor is self-employed; an employer; an employer paying an
obligor's workers' compensation benefits; the public employees
retirement board; the governing entity of a municipal retirement
system; the board of trustees of the Ohio police and fire pension
fund; the state teachers retirement board; the school employees
retirement board; the state highway patrol retirement board; a
provider, as defined in section 3305.01 of the Revised Code; the
bureau of workers' compensation; or any other person or entity
other than the department of job and family services with respect
to unemployment compensation benefits paid pursuant to Chapter
4141. of the Revised Code.
Sec. 3121.02. In any action in which a support order is
issued or modified, one of the following shall apply, as
appropriate, to ensure that withholding or deduction from the
income or assets of the obligor is available from the commencement
of the support order for the collection of the support and any
arrearages that occur:
(A) The court, with respect to a court support order, or the
child support enforcement agency, with respect to an
administrative child support order, shall require the withholding
or deduction of income or assets of the obligor under section
3121.03 of the Revised Code.
(B) The court, with respect to a court support order, shall
issue another type of court order under division (C) or (D) of
section 3121.03 of the Revised Code or, section 3121.04, 3121.05,
or 3121.06, or division (C) of section 3121.12 of the Revised
Code.
(C) The agency, with respect to an administrative child
support order, shall issue an administrative order, or request
that the court issue a court order, under division (C) or (D) of
section 3121.03 of the Revised Code or section 3121.12 of the
Revised Code.
Sec. 3121.035. Within fifteen days after an obligor under a
support order is located following issuance or modification of the
support order, 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 or via secure federally managed data transmission
interface electronic means 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. 3121.12. (A) On receipt of a notice that a lump sum
payment of one hundred fifty dollars or more is to be paid to the
obligor, the court, with respect to a court support order, or the
child support enforcement agency, with respect to an
administrative child support order, shall do either of the
following:
(1) If the obligor is in default under the support order or
has any arrearages under the support order, issue an
order
intercept directive requiring the transmittal of the lump sum
payment, or any portion of the lump sum payment sufficient to pay
the arrearage in full, to the office of child support;
(2) If the obligor is not in default under the support order
and does not have any arrearages under the support order, issue an
order directing the person who gave the notice to the court or
agency to immediately pay intercept directive requiring the
immediate release of the full amount of the lump sum payment to
the obligor.
(B) Any moneys received by the office of child support
pursuant to division (A) of this section shall be distributed in
accordance with rules adopted under section 3121.71 of the Revised
Code.
(C) A court that issued an order In the case of a notice of a
lump sum payment made in accordance with a support order issued
prior to January 1, 1998, requiring an employer to withhold an
amount from an obligor's personal earnings for the payment of
support, the child support enforcement agency that receives
notification of the lump sum payment from the payor shall notify
the court that issued the order, and the court shall issue a
supplemental order that does not change the original order or the
related support order requiring the employer to do all of the
following:
(1) No later than the earlier of forty-five days before a
lump sum payment is to be made or, if the obligor's right to a
lump sum payment is determined less than forty-five days before it
is to be made, the date on which that determination is made,
notify the child support enforcement agency of any lump sum
payment of any kind of one hundred fifty dollars or more that is
to be paid to the obligor;
(2) Hold the lump sum payment for thirty days after the date
on which it would otherwise be paid to the obligor;
(3) On order of the court, pay any specified amount of the
lump sum payment to the office of child support.
(D) An employer A payor that knowingly fails to notify the
child support enforcement agency in accordance with this section
or section 3121.03 of the Revised Code of any lump sum payment to
be made to an obligor is liable for any support payment not made
to the obligee as a result of its knowing failure to give the
notice.
Sec. 3121.29. Each support order, or modification of a
support order, shall contain a notice that states the following in
boldface type and in all capital letters:
"EACH PARTY TO THIS SUPPORT ORDER MUST NOTIFY THE CHILD
SUPPORT ENFORCEMENT AGENCY IN WRITING OF HIS OR HER CURRENT
MAILING ADDRESS, CURRENT RESIDENCE ADDRESS, CURRENT RESIDENCE
TELEPHONE NUMBER, CURRENT DRIVER'S LICENSE NUMBER, AND OF ANY
CHANGES IN THAT INFORMATION. EACH PARTY MUST NOTIFY THE AGENCY OF
ALL CHANGES UNTIL FURTHER NOTICE FROM THE COURT OR AGENCY,
WHICHEVER ISSUED THE SUPPORT ORDER. IF YOU ARE THE OBLIGOR UNDER A
CHILD SUPPORT ORDER AND YOU FAIL TO MAKE THE REQUIRED
NOTIFICATIONS, YOU MAY BE FINED UP TO $50 FOR A FIRST OFFENSE,
$100 FOR A SECOND OFFENSE, AND $500 FOR EACH SUBSEQUENT OFFENSE.
IF YOU ARE AN OBLIGOR OR OBLIGEE UNDER ANY SUPPORT ORDER ISSUED BY
A COURT AND YOU WILLFULLY FAIL TO GIVE THE REQUIRED NOTICES, YOU
MAY BE FOUND IN CONTEMPT OF COURT AND BE SUBJECTED TO FINES UP TO
$1,000 AND IMPRISONMENT FOR NOT MORE THAN 90 DAYS.
IF YOU ARE AN OBLIGOR OR AN OBLIGEE, AND YOU FAIL TO GIVE THE
REQUIRED NOTICES TO THE CHILD SUPPORT ENFORCEMENT AGENCY, YOU MAY
NOT RECEIVE NOTICE OF THE CHANGES AND REQUESTS TO CHANGE THE CHILD
SUPPORT AMOUNT, HEALTH CARE PROVISIONS, OR TERMINATION OF THE
CHILD SUPPORT ORDER. IF YOU ARE AN OBLIGOR AND YOU FAIL TO GIVE
THE REQUIRED NOTICES, YOU MAY NOT RECEIVE NOTICE OF THE FOLLOWING
ENFORCEMENT ACTIONS AGAINST YOU: IMPOSITION OF LIENS AGAINST YOUR
PROPERTY; LOSS OF YOUR PROFESSIONAL OR OCCUPATIONAL LICENSE,
DRIVER'S LICENSE, OR RECREATIONAL LICENSE; WITHHOLDING FROM YOUR
INCOME; ACCESS RESTRICTION AND DEDUCTION FROM YOUR ACCOUNTS IN
FINANCIAL INSTITUTIONS; AND ANY OTHER ACTION PERMITTED BY LAW TO
OBTAIN MONEY FROM YOU TO SATISFY YOUR SUPPORT OBLIGATION."
Sec. 3121.33. The withholding or deduction notices and,
other orders issued under sections 3121.03, and 3121.04 to 3121.06
of the Revised Code, and intercept directives issued under section
3121.12 of the Revised Code, and the notices that require the
obligor to notify the child support enforcement agency
administering the support order of any change in the obligor's
employment status or of any other change in the status of the
obligor's assets, are final and enforceable by the court.
Sec. 3121.34. A person required to comply with withholding
or deduction notices described in section 3121.03 of the Revised
Code shall determine the manner of withholding or deducting from
the specific requirement included in the notices without the need
for any amendment to the support order, and a person required to
comply with an order described in sections 3121.03, and 3121.04 to
3121.06 of the Revised Code, and or an intercept directive issued
under section 3121.12 of the Revised Code shall comply without the
need for any amendment to the support order.
Sec. 3123.031. The default notice shall contain all of the
following:
(A) The date on which it is sent issued;
(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 issued;
(D) A statement that any arrearages owed by the obligor that
arise after the default notice is sent issued 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 fourteen days
after the date on which the default notice is sent issued, 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 fourteen 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. 3123.04. 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 fourteen days after the date on which the
default notice is sent issued.
If the obligor makes a timely request for a hearing, the
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 default notice.
At the hearing, the child support enforcement agency shall
determine whether a mistake of fact was made in the default
notice. 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 fourteen days after the agency
makes
issues 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 default 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, not later than seven business fourteen
days after the child support enforcement agency makes issues 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 default notice, 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 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 default 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. (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 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 division (C) of section 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. 3123.14. If a child support order is terminated for any
reason, the obligor under the child support order is or was at any
time in default under the support order and, after the termination
of the order, the obligor owes an arrearage under the order, the
obligee may make application to the child support enforcement
agency that administered the child support order prior to its
termination or had authority to administer the child support order
to maintain any administrative or judicial action or proceeding to
enforce the order on behalf of the obligee to obtain
a judgment,
execution of a judgment through any available procedure, an order,
or other relief. If a withholding or deduction notice is issued
pursuant to section 3121.03 of the Revised Code to collect an
arrearage, the amount withheld or deducted from the obligor's
personal earnings, income, or accounts shall be at least equal to
the amount that was withheld or deducted under the terminated
child support order.
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 upon notice or discovery of an account,
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 3123.01 to 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. 3123.27. The child support enforcement agency shall, no
later than five business days after information is entered into
the case registry under section 3123.25 of the Revised Code, may
investigate and determine the amount of funds in the account that
is available to satisfy the obligor's arrearages under a support
order. The financial institution shall cooperate with the agency's
investigation.
Sec. 3123.30. The notice sent under section 3123.29 of the
Revised Code shall contain both of the following:
(A) A statement of the date the notice is sent, that another
of the account holders is an obligor under a support order, the
name of the obligor, that the support order is in default, the
amount of the arrearage owed by the obligor as determined by the
court or child support enforcement agency, the amount that will be
withdrawn, the type of account from which the amount will be
withdrawn, and the name of the financial institution from which
the amount will be withdrawn;
(B) A statement that the person may object to the withdrawal
by filing with the agency, no later than ten fourteen days after
the date on which the notice is sent issued, a written request for
an administrative hearing to determine whether any amount
contained in the account is the property of the person to whom the
notice is sent and should not be subject to the withdrawal
directive.
Sec. 3123.31. The person to whom notice is sent under
section 3123.29 of the Revised Code shall have ten fourteen days
from the date the notice is sent issued to object to the
withdrawal by filing with the child support enforcement agency
that sent the notice a written request for an administrative
hearing to determine whether any amount contained in the account
is the property of that person and should not be subject to the
withdrawal directive.
Sec. 3123.34. If a child support enforcement agency
determines that the total amount in an account is the property of
a person who is not the obligor from whom payment is sought, it
shall order the financial institution to release the access
restriction on the account and shall take no further enforcement
action on the account. A copy of this notice shall be sent to the
obligor. If the agency determines that some of the funds in the
account are the property of the person, it shall order the
financial institution to release the access restriction on the
account in that amount and shall take no further enforcement
action on those funds. A copy of this notice shall be sent to the
obligor. The agency shall issue a withdrawal directive pursuant to
section 3123.37 of the Revised Code for the remaining funds
unless, no later than ten fourteen days after the agency makes
issues its determination, the person files a written motion with
the court of common pleas of the county served by the child
support enforcement agency for a hearing to determine whether any
amount contained in the account is the property of the person.
Sec. 3123.35. If the person described in section 3123.34 of
the Revised Code files a timely motion with the court that issued
the child support order or that is located in the county where the
child support enforcement agency issued the order, the court shall
hold a hearing on the request no later than ten fourteen days
after the request is filed. The person who filed the motion shall
be considered a temporary party for the purposes of objecting to
the determination made pursuant to section 3123.33 of the Revised
Code only. No later than five days before the date on which the
hearing is to be held, the court shall send the person written
notice by ordinary mail of the date, time, place, and purpose of
the hearing. The hearing shall be limited to a determination of
how much, if any, of the amount contained in the account is the
property of the person.
Sec. 3123.72. A child support enforcement agency shall file
a notice requesting that the county recorder discharge the lien if
one of the following applies:
(A) The lien is satisfied through an action pursuant to
section 3123.74 of the Revised Code.
(B) The obligor makes full payment of the arrearage to the
office of child support in the department of job and family
services or, pursuant to sections 3125.27 to 3125.30 of the
Revised Code, to the child support enforcement agency that is the
basis of the lien.
(C) An appropriate withholding or deduction notice or other
appropriate order described in section 3121.03, 3121.04, 3121.05,
3121.06, or 3121.12 of the Revised Code has been issued to collect
current support and any arrearage due under the support order that
was in default, and the obligor is complying with the notice or
order.
(D) A new support order has been issued or the support order
that was in default has been modified to collect current support
and any arrearage due under the support order that was in default,
and the obligor is complying with the new or modified support
order.
(E) The agency releases the lien pursuant to section 3123.76
of the Revised Code.
Sec. 3123.821. The office of child support created in the
department of job and family services under section 3125.02 of the
Revised Code shall work with the tax commissioner to collect the
following:
(A) Overdue child support from refunds of paid state income
taxes under Chapter 5747. of the Revised Code that are payable to
obligors;
(B) Overpaid child support from refunds of paid state income
taxes under Chapter 5747. of the Revised Code that are payable to
obligees.
Sec. 3123.822. No overdue or overpaid child support shall be
collected from refunds of paid state income taxes paid by an
obligor or obligee unless all of the following conditions are met:
(A) Any reduction authorized by section 5747.12 of the
Revised Code has first been made, except as otherwise provided in
this section.
(B) The refund payable to the obligor or obligee is not less
than twenty-five dollars after any reduction pursuant to section
5747.12 of the Revised Code.
(C) Either of the following applies:
(1) With respect to overdue child support, the obligor is not
less than
maintains an arrearage in the payment of support for
three months in arrears in the obligor's payment of child support,
and the amount of the total arrearage
during each of the three
months is not less than at least one hundred fifty dollars;
(2) With respect to overpaid child support, the amount
overpaid is not less than one hundred fifty dollars.
Overdue support or overpaid child support shall be collected
from such refunds before any part of the refund is used as a
contribution pursuant to section 5747.113 of the Revised Code.
Overdue support or overpaid child support shall be collected from
such refunds before the refund or any part of the refund is
credited against tax due in any subsequent year pursuant to
section 5747.12 of the Revised Code, notwithstanding the consent
of the obligor or obligee for such crediting.
Section 2. That existing sections 3111.29, 3111.38, 3111.49,
3111.78, 3111.80, 3111.81, 3111.84, 3119.30, 3119.38, 3119.43,
3119.60, 3119.61, 3119.63, 3119.72, 3119.76, 3119.77, 3119.82,
3119.87, 3119.88, 3319.89, 3119.90, 3119.91, 3119.92, 3121.01,
3121.02, 3121.035, 3121.12, 3121.29, 3121.33, 3121.34, 3123.031,
3123.04, 3123.05, 3123.06, 3123.14, 3123.25, 3123.27, 3123.30,
3123.31, 3123.34, 3123.35, 3123.72, 3123.821, and 3123.822 and
section
3121.11 of the Revised Code are hereby repealed.
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