Bill Text: OH HB561 | 2011-2012 | 129th General Assembly | Introduced


Bill Title: To amend the Child Support Laws.

Spectrum: Moderate Partisan Bill (Republican 5-1)

Status: (Introduced - Dead) 2012-05-24 - To Judiciary & Ethics [HB561 Detail]

Download: Ohio-2011-HB561-Introduced.html
As Introduced

129th General Assembly
Regular Session
2011-2012
H. B. No. 561


Representative Slaby, M. 

Cosponsors: Representatives Adams, J., Huffman, Grossman, Duffey, Garland 



A BILL
To amend sections 3111.29, 3111.38, 3111.49, 3111.78, 1
3111.80, 3111.81, 3111.84, 3119.30, 3119.38, 2
3119.43, 3119.60, 3119.61, 3119.63, 3119.72, 3
3119.76, 3119.77, 3119.82, 3119.87, 3119.88, 4
3119.89, 3119.90, 3119.91, 3119.92, 3121.01, 5
3121.02, 3121.035, 3121.12, 3121.29, 3121.33, 6
3121.34, 3123.031, 3123.04, 3123.05, 3123.06, 7
3123.14, 3123.25, 3123.27, 3123.30, 3123.31, 8
3123.34, 3123.35, 3123.72, 3123.821, and 3123.822, 9
to enact sections 3111.801 and 3119.631, and to 10
repeal section 3121.11 of the Revised Code to 11
amend the Child Support Laws.12


BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

       Section 1. That sections 3111.29, 3111.38, 3111.49, 3111.78, 13
3111.80, 3111.81, 3111.84, 3119.30, 3119.38, 3119.43, 3119.60, 14
3119.61, 3119.63, 3119.72, 3119.76, 3119.77, 3119.82, 3119.87, 15
3119.88, 3119.89, 3119.90, 3119.91, 3119.92, 3121.01, 3121.02, 16
3121.035, 3121.12, 3121.29, 3121.33, 3121.34, 3123.031, 3123.04, 17
3123.05, 3123.06, 3123.14, 3123.25, 3123.27, 3123.30, 3123.31, 18
3123.34, 3123.35, 3123.72, 3123.821, and 3123.822 be amended and 19
sections 3111.801 and 3119.631 of the Revised Code be enacted to 20
read as follows:21

       Sec. 3111.29.  Once an acknowledgment of paternity becomes 22
final under section 3111.25 of the Revised Code, the mother or 23
other custodian or guardian of the child may file a complaint 24
pursuant to section 2151.231 of the Revised Code in the juvenile 25
court or other court with jurisdiction under section 2101.022 or 26
2301.03 of the Revised Code of the county in which the child or 27
the guardian or legal custodian of the child resides requesting 28
that the court order the father or mother to pay an amount for the 29
support of the child,or may contact the child support enforcement 30
agency for assistance in obtaining the order, or may request that 31
an administrative officer of a child support enforcement agency 32
issue an administrative order for the payment of child support 33
pursuant to section 3111.81 of the Revised Codea child support 34
order as defined in section 3119.01 of the Revised Code.35

       Sec. 3111.38.  At the request of a person described in 36
division (A) of section 3111.04 of the Revised Code and upon 37
completion and filing of an application for services administered 38
under Title IV-D of the "Social Security Act," 88 Stat. 2351 39
(1975), 42 U.S.C. 651, as amended, or other IV-D referral the 40
child support enforcement agency of the county in which a child 41
resides or in which the guardian or legal custodian of the child 42
resides shall determine the existence or nonexistence of a parent 43
and child relationship between an alleged father and the child.44

       Sec. 3111.49.  The mother, alleged father, and guardian or 45
legal custodian of a child may object to an administrative order 46
determining the existence or nonexistence of a parent and child 47
relationship by bringing, within thirtyfourteen days after the 48
date the administrative officer issues the order, an action under 49
sections 3111.01 to 3111.18 of the Revised Code in the juvenile 50
court or other court with jurisdiction under section 2101.022 or 51
2301.03 of the Revised Code in the county in which the child 52
support enforcement agency that employs the administrative officer 53
who issued the order is located. If the action is not brought 54
within the thirty-dayfourteen-day period, the administrative 55
order is final and enforceable by a court and may not be 56
challenged in an action or proceeding under Chapter 3111. of the 57
Revised Code.58

       Sec. 3111.78.  A parent, guardian, or legal custodian of a 59
child, the person with whom the child resides, or the child 60
support enforcement agency of the county in which the child, 61
parent, guardian, or legal custodian of the child resides may do 62
either of the following to require a man to pay support and 63
provide for the health care needs of the child if the man is 64
presumed to be the natural father of the child under section 65
3111.03 of the Revised Code:66

       (A) If the presumption is not based on an acknowledgment of 67
paternity, file a complaint pursuant to section 2151.231 of the 68
Revised Code in the juvenile court or other court with 69
jurisdiction under section 2101.022 or 2301.03 of the Revised Code 70
of the county in which the child, parent, guardian, or legal 71
custodian resides;72

       (B) Ask an administrative officer of a child support 73
enforcement agency to issue an administrative order pursuant to 74
section 3111.81 of the Revised Code;75

       (C) Contact a child support enforcement agency forto request76
assistance in obtaining an order for support and the provision of 77
health care for the child.78

       Sec. 3111.80. If a request for issuance of an administrative 79
support order is made under section 3111.29 or 3111.78 of the 80
Revised Code orUpon receipt of a completed application for 81
services administered under Title IV-D of the "Social Security 82
Act," 88 Stat. 2351 (1975), 42 U.S.C. 651, as amended, or other 83
IV-D referral, if an administrative officer issues an 84
administrative order determining the existence of a parent and 85
child relationship under section 3111.46 of the Revised Code, if a 86
presumption of paternity exists under section 3111.03 of the 87
Revised Code, or if a duty of support otherwise exists under 88
section 3103.031 or Chapter 3115. of the Revised Code, the 89
administrative officer shall schedule an administrative hearing to 90
determine, in accordance with Chapters 3119. and 3121. of the 91
Revised Code, the amount of child support any parent is required 92
to pay, the method of payment of child support, and the method of 93
providing for the child's health care. The administrative hearing 94
shall be conducted by an administrative officer assigned by the 95
agency.96

       The administrative officer shall send the mother and the 97
father of the child notice of the date, time, place, and purpose 98
of the administrative hearing. With respect to an administrative 99
hearing scheduled pursuant to an administrative order determining, 100
pursuant to section 3111.46 of the Revised Code, the existence of 101
a parent and child relationship, the officer shall attach the 102
notice of the administrative hearing to the order and send it in 103
accordance with that section. The notice shall include the 104
request described in section 3111.801 of the Revised Code, that if 105
either the mother or the father of the child fails to comply with 106
a request for information in accordance with that section, the 107
child support enforcement agency is permitted to make reasonable 108
assumptions regarding the information the person failed to provide 109
and the agency shall proceed with the determination of support in 110
the same manner as if all requested information had been supplied.111
The Rules of Civil Procedure shall apply regarding the sending of 112
the notice and any summons related to the hearing, except to the 113
extent the civil rules, by their nature, are clearly inapplicable 114
and except that references in the civil rules to the court or the 115
clerk of the court shall be construed as being references to the 116
child support enforcement agency or the administrative officer.117

       The hearing shall be held no later than sixty days after the118
request is made under section 3111.29 or 3111.78 of the Revised 119
Code or an administrative officer issues an administrative order 120
determining the existence of a parent and child relationship under 121
section 3111.46 of the Revised CodeTitle IV-D application is 122
submitted to or the Title IV-D referral is received by the child 123
support enforcement agency and the agency has sufficient 124
information to complete service of process. The hearing shall not 125
be held earlier than thirty days after the officer gives the 126
mother and father notice of the hearing. If the mother or father 127
fails to comply with a request for information in accordance with 128
section 3111.801 of the Revised Code, the child support 129
enforcement agency may proceed in accordance with section 3119.72 130
of the Revised Code, make reasonable assumptions regarding the 131
information the person failed to provide, and proceed with the 132
determination of support in the same manner as if all requested 133
information had been supplied.134

       Sec. 3111.801.  If an administrative officer schedules an 135
administrative support hearing in accordance with section 3111.80 136
of the Revised Code, the administrative officer shall include in 137
the notice described in section 3111.80 of the Revised Code a 138
request that the mother and father provide the agency, not later 139
than the date scheduled for formally beginning the administrative 140
hearing, all of the following:141

       (A) A copy of the mother's and father's most recently filed 142
federal income tax return and all supporting schedules and 143
documents;144

       (B) A copy of all pay stubs obtained by the mother and father 145
within the immediately preceding six months;146

       (C) A copy of all other records evidencing the receipt of any 147
other salary, wages, or compensation by the mother and father 148
within the immediately preceding six months;149

       (D) A list of the group health insurance and health care 150
policies, contracts, and plans available to the father and mother 151
and their costs;152

       (E) The current health insurance or health care policy, 153
contract, or plan under which the father and mother are enrolled 154
and its cost;155

       (F) If the mother or father is a member of the uniformed 156
services and is on active military duty, a copy of the mother's or 157
father's leave and earnings statement;158

       (G) Any other information necessary to properly establish the 159
child support order.160

       Sec. 3111.81.  After the hearing under section 3111.80 of the 161
Revised Code is completed, the administrative officer may issue an 162
administrative order for the payment of support and provision for 163
the child's health care. The order shall become effective on the 164
date of the administrative hearing. The order shall do all of the 165
following in accordance with Chapters 3119. and 3121. of the 166
Revised Code:167

       (A) Require periodic payments of support that may vary in 168
amount, except that, if it is in the best interest of the child, 169
the administrative officer may order the purchase of an annuity in 170
lieu of periodic payments of support if the purchase agreement 171
provides that any remaining principal will be transferred to the 172
ownership and control of the child on the child's attainment of 173
the age of majority;174

       (B) Require the parents to provide for the health care needs 175
of the child in accordance with sections 3119.29 to 3119.56 of the 176
Revised Code;177

       (C) Include a notice that contains the information described 178
in section 3111.84 of the Revised Code informing the mother and 179
the father that the administrative order is final and enforceable 180
by a court and of the right to object to the order by bringing an 181
action for the payment of support and provision of the child's 182
health care under section 2151.231 of the Revised Code and the 183
effect of a failure to timely bring the action.184

       Sec. 3111.84.  The mother or father of a child who is the 185
subject of an administrative support order may object to the order 186
by bringing an action for the payment of support and provision for 187
the child's health care under section 2151.231 of the Revised Code 188
in the juvenile court or other court with jurisdiction under 189
section 2101.022 or 2301.03 of the Revised Code of the county in 190
which the child support enforcement agency that employs the 191
administrative officerissues the order is located. The 192
administrative support order shall remain in effect during the 193
pendency of the objection. The action shall be brought not later 194
than thirtyfourteen days after the date of the issuance of the 195
administrative support order. If neither the mother nor the father 196
brings an action for the payment of support and provision for the 197
child's health care within that thirty-day period, theThe198
administrative support order is final and enforceable by a court 199
as of the date it is issued and may be modified only as provided 200
in Chapters 3119., 3121., and 3123. of the Revised Code.201

       Sec. 3119.30. (A) In any action or proceeding in which a 202
child support order is issued or modified, the court, with respect 203
to court child support orders, and the child support enforcement 204
agency, with respect to administrative child support orders, shall 205
determine the person or persons responsible for the health care of 206
the children subject to the child support order and shall include 207
provisions for the health care of the children in the child 208
support order. The order shall specify that the obligor and 209
obligee are both liable for the health care of the children who 210
are not covered by private health insurance or cash medical 211
support as calculated in accordance with section 3119.022 or 212
3119.023 of the Revised Code, as applicable. 213

       (B) Based on information provided to the court or to the 214
child support enforcement agency under section 3119.31 of the 215
Revised Code, the order shall include one of the following:216

       (1) A requirement that both the obligor and the obligee 217
obtain private health insurance coverage for the children if 218
coverage is available for the children at a reasonable cost to 219
both the obligor and the obligee and dual coverage would provide 220
for coordination of medical benefits without unnecessary 221
duplication of coverage.222

       (2) A requirement that the obligee obtain private health 223
insurance coverage for the children if coverage is available 224
through any group policy, contract, or plan available to the 225
obligee and is available at a more reasonable cost than coverage 226
is available to the obligor;227

       (3) A requirement that the obligor obtain private health 228
insurance coverage for the children if coverage is available 229
through any group policy, contract, or plan available to the 230
obligor at a more reasonable cost than coverage is available to 231
the obligee;232

       (4) If health insurance coverage for the children is not 233
available at a reasonable cost to the obligor or the obligee at 234
the time the court or child enforcement agency issues the order, a 235
requirement that the obligor or the obligee immediately inform the 236
child support enforcement agency that private health insurance 237
coverage for the children has become available to either the 238
obligor or obligee. The child support enforcement agency shall 239
determine if the private health insurance coverage is available at 240
a reasonable cost and if coverage is reasonable, division (B)(2) 241
or (3) shall apply, as applicable.242

       (C) When a child support order is issued or modified, and the 243
obligor's gross income is one hundred fifty per cent or more of 244
the federal poverty level for an individual, the order shall 245
include the amount of cash medical support to be paid by the 246
obligor that is either five per cent of the obligor's adjusted 247
gross income or the obligor's share of the United States 248
department of agriculture estimated annual health care expenditure 249
per child as determined in accordance with federal law and 250
regulation, whichever is the lower amount. The amount of cash 251
medical support paid by the obligor shall be paid during any 252
period after the court or child support enforcement agency issues 253
or modifies the order in which the children are not covered by 254
private health insurance.255

       (D) Any cash medical support paid pursuant to division (C) of 256
this section shall be paid by the obligor to either the obligee if 257
the children are not Medicaidmedicaid recipients, or to the 258
office of child support to defray the cost of Medicaidmedicaid259
expenditures if the children are Medicaidmedicaid recipients. The 260
child support enforcement agency administering the court or 261
administrative order shall amend the amount of monthly child 262
support obligation to reflect the amount paid when private health 263
insurance is not provided, as calculated in the current order 264
pursuant to section 3119.022 or 3119.023 of the Revised Code, as 265
applicable. 266

       The child support enforcement agency shall give the obligor 267
notice in accordance with Chapter 3121. of the Revised Code and 268
provide the obligor an opportunity to be heardfor an 269
administrative hearing if the obligor believes there is a mistake 270
of fact regarding the availability of private health insurance at 271
a reasonable cost as determined under division (B) of this 272
section. The obligor shall file a written request with the agency 273
requesting the administrative hearing not later than fourteen days 274
after the notice is issued.275

       (E) The obligor shall begin payment of any cash medical 276
support on the first day of the month immediately following the 277
month in which private health insurance coverage is unavailable or 278
terminates and shall cease payment on the last day of the month 279
immediately preceding the month in which private health insurance 280
coverage begins or resumes. During the period when cash medical 281
support is required to be paid, the obligor or obligee must 282
immediately inform the child support enforcement agency that 283
health insurance coverage for the children has become available.284

       Sec. 3119.38. A person who receives a notice of medical 285
support enforcement activity under section 3119.35 of the Revised 286
Code may file a written request for an administrative hearing with 287
the child support enforcement agency that issued it regardingthe 288
notice. The hearing shall address whether a mistake of fact was 289
made in the national medical support notice referred to in the 290
notice of medical support enforcement activityissued by the 291
agency. The request must be filed not later than seven business292
fourteen days after the date on which the notice of medical 293
support enforcement activity is sent.294

       If the person makes a timely request, the agency shall 295
conduct anthe administrative hearing not later than ten days 296
after the date on which the person files the request for the 297
hearing. Not later than five days before the date on which the 298
hearing is to be conducted, the agency shall send the person and 299
any other individual the agency determines appropriate written 300
notice of the date, time, place, and purpose of the hearing. The 301
notice to the person and any other appropriate individual also 302
shall indicate that the person may present testimony and evidence 303
at the hearing only in regard to the issue of whether a mistake of 304
fact has been made in the national medical support notice.305

       At the hearing, the agency shall determine whether there is a 306
mistake of fact in the national medical support notice. The agency 307
shall send its determination to the person. That agency's 308
determination is final unless, within seven businessfourteen days 309
after the agency makesissues its determination, the person files 310
a written motion with the court for a hearing to determine whether 311
there is still a mistake of fact in the national medical support 312
notice.313

       If an agency's determination becomes final under this 314
section, the agency shall take further action as required by 315
section 3119.41 of the Revised Code.316

       Sec. 3119.43.  If the person required to obtain health 317
insurance coverage pursuant to a child support order issued in 318
accordance with section 3119.30 of the Revised Code does not 319
obtain the required coverage within thirty days after the order is 320
issued, the child support enforcement agency shallmay notify the 321
court that issued the court child support order or, with respect 322
to an administrative child support order, the court of common 323
pleas of the county in which the agency is located, in writing of 324
the failure of the person to comply with the child support order. 325
The court may punish the person for contempt under Chapter 2705. 326
of the Revised Code for the failure.327

       Sec. 3119.60.  If a child support enforcement agency, 328
periodically or on request of an obligor or obligee who has 329
completed and filed an application for services administered under 330
Title IV-D of the "Social Security Act," 88 Stat. 2351 (1975), 42 331
U.S.C. 651, as amended, plans to review a child support order in 332
accordance with the rules adopted pursuant to section 3119.76 of 333
the Revised Code or otherwise plans to review a child support 334
order, it shall do all of the following prior to formally 335
beginning the review:336

       (A) Establish a date certain on which the review will 337
formally begin;338

       (B) Except as otherwise provided in section 3119.771 of the 339
Revised Code, at least forty-fivethirty days before formally 340
beginning the review, send the obligor and the obligee notice by 341
ordinary mail of the planned review and, of the date when the 342
review will formally begin, and that the review may revise any 343
addition or adjustment to any payment on arrearages in accordance 344
with section 3123.21 of the Revised Code;345

       (C)(1) Request the obligormother and father to provide the 346
agency, no later than the scheduled date for formally beginning 347
the review, with all of the following:348

       (a)(1) A copy of the obligor'smother's and father's federal 349
income tax return and all supporting schedules and documentation350
from the previous year;351

       (b)(2) A copy of all pay stubs obtained by the obligormother 352
and father within the preceding six months;353

       (c)(3) A copy of all other records evidencing the receipt of 354
any other salary, wages, or compensation by the obligormother and 355
father within the preceding six months;356

       (d)(4) A list of the group health insurance and health care 357
policies, contracts, and plans available to the obligormother and 358
father and their costs;359

       (e)(5) The current health insurance or health care policy, 360
contract, or plan under which the obligormother or father is 361
enrolled and its cost;362

       (f)(6) If the obligormother or father is a member of the 363
uniformed services and is on active military duty, a copy of the 364
obligor's Internal Revenue Service form W-2, "Wage and Tax 365
Statement," and a copy of amother's or father's leave and 366
earnings statement detailing the obligor's earnings and leave with 367
the uniformed services;368

       (g)(7) Any other information necessary to properly review the 369
child support order.370

       (2) Request the obligee to provide the agency, no later than 371
the scheduled date for formally beginning the review, with all of 372
the following:373

       (a) A copy of the obligee's federal income tax return from 374
the previous year;375

       (b) A copy of all pay stubs obtained by the obligee within 376
the preceding six months;377

       (c) A copy of all other records evidencing the receipt of any 378
other salary, wages, or compensation by the obligee within the 379
preceding six months;380

       (d) A list of the group health insurance and health care 381
policies, contracts, and plans, including the tricare program 382
offered by the United States department of defense, available to 383
the obligee and their costs;384

       (e) The current health insurance or health care policy, 385
contract, or plan under which the obligee is enrolled and its 386
cost;387

       (f) Any other information necessary to properly review the 388
child support order.389

       (D) Include in the notice sent pursuant to division (B) of 390
this section, one of the following:391

       (1) If the child support order being reviewed is a court 392
child support order, a notice that a willful failure to provide 393
the documents and other information requested pursuant to division 394
(C) of this section is contempt of court or the agency may make 395
reasonable assumptions with respect to the information the person 396
did not provide, in accordance with section 3119.72 of the Revised 397
Code;398

       (2) If the child support order being reviewed is an 399
administrative child support order, a notice that if either the 400
obligormother or obligeefather fails to comply with the request 401
for information, the agency may bring an action under section 402
3119.72 of the Revised Code requesting that the court find the 403
obligor and the obligee in contempt pursuant to section 2705.02 of 404
the Revised Codemake reasonable assumptions with respect to the 405
information the person did not provide in accordance with section 406
3119.72 of the Revised Code.407

       Sec. 3119.61.  The child support enforcement agency shall 408
review an administrative child support order on the date 409
established pursuant to section 3119.60 of the Revised Code for 410
formally beginning the review of the order. If the agency 411
determines that a modificationan adjustment is necessary and in 412
the best interest of the child subject to the order, the agency 413
shall calculate the amount the obligor shall pay in accordance 414
with section 3119.021 of the Revised Code and may add or adjust 415
payment on arrearages in accordance with section 3123.21 of the 416
Revised Code. The agency may not grant a deviation pursuant to 417
section 3119.23 of the Revised Code from the guidelines set forth 418
in section 3119.021 of the Revised Code. If the agency can set the 419
child support the obligor is to pay without granting such a 420
deviation from the guidelines, the agency shall do the following:421

       (A) Give the obligor and obligee notice, by ordinary mail, of 422
the revised amount of child support to be paid under the 423
administrative child support order, of their right to request an 424
administrative hearing on the revised child support amount, of the 425
procedures and time deadlines for requesting the hearing, and that 426
the agency will modify the administrative child support order to 427
include the revised child support amount unless the obligor or 428
obligee requests an administrative hearing on the revised amount 429
no later than thirtyfourteen days after receipt of the notice 430
under this division is issued;431

       (B) If neither the obligor nor obligee timely requests an 432
administrative hearing on the revised amount of child support, 433
modify the administrative child support order to include the 434
revised child support amount;435

       (C) If the obligor or obligee timely requests an 436
administrative hearing on the revised amount of child support, do 437
all of the following:438

       (1) Schedule a hearing on the issue;439

       (2) Give the obligor and obligee notice of the date, time, 440
and location of the hearing;441

       (3) Conduct the hearing in accordance with the rules adopted 442
under section 3119.76 of the Revised Code;443

       (4) Redetermine at the hearing a revised amount of child444
support to be paidobligations under the administrative child 445
support order, including adding or adjusting a payment on 446
arrearages in accordance with section 3123.21 of the Revised Code;447

       (5) Modify the order to include the revised amount of child 448
support;449

       (6) Give notice, by ordinary mail, to the obligor and obligee 450
of the amount of child support to be paid under the order and that 451
the obligor and obligee may object to the modified order by 452
initiating an action under section 2151.231 of the Revised Code in 453
the juvenile court or other court with jurisdiction under section 454
2101.022 or 2301.03 of the Revised Code of the county in which the 455
mother, the father, the child, or the guardian or custodian of the 456
child residechild support enforcement agency that issued the 457
order is located.458

        Except as otherwise provided in section 3119.772 of the 459
Revised Code, if the agency modifies an existing administrative 460
child support order, the modification shall relate back to the 461
first day of the month following the date certain on which the 462
review began under section 3119.60 of the Revised Code.463

        If the agency cannot set the amount of child support the 464
obligor will pay under the administrative child support order 465
without granting a deviation pursuant to section 3119.23 of the 466
Revised Code, the agency shall bring an action under section 467
2151.231 of the Revised Code on behalf of the person who requested 468
that the agency review the existing administrative order or, if no 469
one requested the review, on behalf of the obligee, in the 470
juvenile court or other court with jurisdiction under section 471
2101.022 or 2301.03 of the Revised Code of the county in which the 472
agency is located requesting that the court issue a child support 473
order.474

       Sec. 3119.63.  The child support enforcement agency shall 475
review a court child support order on the date established 476
pursuant to section 3119.60 of the Revised Code for formally 477
beginning the review of the order and shall do all of the 478
following:479

       (A) Calculate a revised amount of child support to be paid480
child support computation worksheet and issue a revised child 481
support recommendation under the court child support order, 482
including adding or adjusting a payment on arrearages in 483
accordance with section 3123.21 of the Revised Code;484

       (B) Give the obligor and obligee notice by ordinary mail of 485
the revised amount of child support, of their right to request an 486
administrative hearing on the revised amount, of the procedures 487
and time deadlines for requesting the hearing, and that the 488
revised amount of child support will be submitted to the court for 489
inclusion in a revised court child support order unless the 490
obligor or obligee requests an administrative hearing on the 491
proposed change within fourteen days after receipt of the notice 492
under this division is issued;493

       (C) Give the obligor and obligee notice by ordinary mail that 494
if the court child support order contains a deviation granted 495
under section 3119.23 or 3119.24 of the Revised Code or if the 496
obligor or obligee intends to request a deviation from the child 497
support amount to be paid under the court child support order, the 498
obligor and obligee have a right to request a court hearing on the 499
revised amount of child support without first requesting an 500
administrative hearing and that the obligor or obligee, in order 501
to exercise this right, must make the request for a court hearing 502
no later than fourteen days after receipt of the notice is issued;503

       (D) If neither the obligor nor the obligee timely requests, 504
pursuant to division (C) of this section, an administrative or 505
court hearing on the revised amount of child support, submit the 506
revised amount of child support to the court for inclusion in a 507
revised court child support order;508

       (E) If the obligor or the obligee timely requests an 509
administrative hearing on the revised child support amount, 510
schedule a hearing on the issue, give the obligor and obligee 511
notice of the date, time, and location of the hearing, conduct the 512
hearing in accordance with the rules adopted under section 3119.76 513
of the Revised Code, redetermineand determine at the hearing a514
revised amount of child support to be paidobligations under the 515
court child support order, andincluding adding or adjusting a 516
payment on arrearages in accordance with section 3123.21 of the 517
Revised Code.518

       (F) If an agency determines a revised support obligation 519
under division (E) of this section, give notice to the obligor and 520
obligee of the revised amount of child support, that they may 521
request a court hearing on the revised amount within fourteen days 522
after notice of the revised amount is issued, and that the agency 523
will submit the revised amount of child support to the court for 524
inclusion in a revised court child support order, if neither the 525
obligor nor the obligee requests a court hearing on the revised 526
amount of child support;527

       (F)(G) If neither the obligor nor the obligee requests, 528
pursuant to division (E)(F) of this section, a court hearing on 529
the revised amount of child support, submit the revised amount of 530
child support to the court for inclusion in a revised court child 531
support order.532

       Sec. 3119.631. Upon submission of a recommendation pursuant 533
to section 3119.63 of the Revised Code for inclusion in a revised 534
court child support order, the court shall only reconsider the 535
allocation of the federal income deduction pursuant to section 536
3119.82 of the Revised Code if a party files a request for a 537
hearing on the matter.538

       Sec. 3119.72. (A) If either the obligor or the obligee fails 539
to comply with a request for information made pursuant to section 540
3111.801 or division (C) of section 3119.60 of the Revised Code, 541
one of the following applies:542

       (A) If the child support order being reviewed is a court 543
child support order, failure to comply with a request for 544
information is contempt of court, and the child support 545
enforcement agency shall notify the court of the failure to comply 546
with the request for information. Thethe agency may requestdo 547
either of the following:548

       (1) Request the court of appropriate jurisdiction of the 549
county in which the agency is located to issue an order requiring 550
the parent, the obligor, or the obligee to provide the information 551
as requested or take whatever action is necessary to obtain the 552
information and make;553

       (2) Make any reasonable assumptions necessary with respect to 554
the information the person in contempt of court did not provide to 555
ensure a fair and equitable review of the child support order or 556
establishment of an administrative order under section 3111.81 of 557
the Revised Code.558

       (B) If the child support order being reviewed is an 559
administrative child support order, the agency may request that 560
the court of common pleas of the county in which the agency is 561
located issue an order requiring the obligor or obligee to comply 562
with the agency's request for information. The agency may request 563
that the order require the obligor or obligee to provide the 564
necessary information or permit the agency to take whatever action 565
is necessary to obtain the information and make any reasonable 566
assumptions necessary with respect to the information not provided 567
to ensure a fair and equitable review of the administrative child 568
support order. An obligor or obligee who fails to comply with the 569
court order is in contempt of court. If an obligor or obligee is 570
in contempt of court, the agency may request the court to hold the 571
person who failed to comply in contempt or to permit the agency to 572
take whatever action is necessary to obtain information and make 573
any reasonable assumptions necessary with respect to the income of 574
the person who failed to comply with the request to ensure a fair 575
and equitable review of the administrative child support order.576

       (B) If the agency decides to conduct the review of the child 577
support order, or issue an administrative order, based on 578
reasonable assumptions with respect to the information the person579
in contempt of court did not provide, it shall proceed under 580
section 3111.81, 3119.61, or 3119.63 of the Revised Code in the 581
same manner as if all requested information has been received.582

       Sec. 3119.76.  The director of job and family services shall 583
adopt rules pursuant to Chapter 119. of the Revised Code 584
establishing a procedure for determining when existing child 585
support orders should be reviewed to determine whether it is 586
necessary and in the best interest of the children who are the 587
subject of the child support order to change the child support 588
order. The rules shall include, but are not limited to, all of the 589
following:590

       (A) Any procedures necessary to comply with section 591
666(a)(10) of Title 42 of the U.S. Code, "Family Support Act of 592
1988," 102 Stat. 2346, 42 U.S.C. 666(a)(10), as amended, and any 593
regulations adopted pursuant to, or to enforce, that section;594

       (B) Procedures for determining what child support orders are 595
to be subject to review upon the request of either the obligor or 596
the obligee or periodically by the child support enforcement 597
agency administering the child support order;598

       (C) Procedures for the child support enforcement agency to 599
periodically review and to review, upon the request of the obligor 600
or the obligee, any child support order that is subject to review 601
to determine whether the amount of child support paid under the 602
child support order should be adjusted in accordance with the 603
basic child support schedule set forth in section 3119.021 of the 604
Revised Code or whether the provisions for the child's health care 605
needs under the child support order should be modified in 606
accordance with sections 3119.29 to 3119.56 of the Revised Code;607

       (D) Procedures for giving obligors and obligees notice of 608
their right to request a review of a child support order that is 609
determined to be subject to review, notice of any proposed 610
revision of the amount of child support to be paid under the child 611
support order, notice of the procedures for requesting a hearing 612
on any proposed revision of the amount of child support to be paid 613
under a child support order, notice of any administrative hearing 614
to be held on a proposed revision of the amount of child support 615
to be paid under a child support order, at least forty-five616
thirty days' prior notice of any review of their child support 617
order, and notice that a failure to comply with any request for 618
documents or information to be used in the review of a child 619
support order is contempt of court;620

       (E) Procedures for obtaining the necessary documents and 621
information necessary to review child support orders and for 622
holding administrative hearings on a proposed revision of the 623
amount of child support to be paid under a child support order;624

       (F) Procedures for adjusting child support orders in 625
accordance with the basic child support schedule set forth in 626
section 3119.021 of the Revised Code and the applicable worksheet 627
in section 3119.022 or 3119.023 of the Revised Code, through the 628
line establishing the actual annual obligation;629

       (G) Procedures for adjusting the provisions of the child 630
support order governing the health care needs of the child 631
pursuant to sections 3119.29 to 3119.56 of the Revised Code.632

       Sec. 3119.77.  (A) As used in this section and sections 633
3119.771, 3119.772, and 3119.773 of the Revised Code:634

       (1) "Active military service" means the performance of active 635
military duty by a member of the uniformed services for a period 636
of more than thirty days.637

       (2) "Uniformed services" means any reserve components of the 638
armed forces of the United States or the Ohio organized militia 639
when engaged in full-time national guard duty for a period of more 640
than thirty days.641

       (B) An obligor who is called to active military service in 642
the uniformed services may request a review of a child support 643
order for the purpose of modification of the amount of support 644
required under the order. The request must be submitted to the 645
child support enforcement agency administering the order.646

       (C) An obligor who makes a request under division (B) of this 647
section must indicate that the reason for the modification is the 648
obligor's active military service and provide with the request any 649
orders or other appropriate documentation specifying the 650
commencement date of the obligor's active military service and the 651
monthly monetary compensation for that service. The obligor also 652
shall submit documentation on all other outside income.653

        (D) The obligor may provide the child support enforcement 654
agency with a military power of attorney executed pursuant to 10 655
U.S.C. 104461044b designating another individual to act in the 656
administrative review and modification on behalf of the obligor. 657
By designating another individual to so act on behalf of the 658
obligor, the obligor waives any right of an appearance and any 659
right to request a stay of the action or proceeding.660

       Sec. 3119.82. WheneverExcept when issuing a revised support 661
order as recommended pursuant to section 3119.63 of the Revised 662
Code, whenever a court issues, or whenever ita court modifies, 663
reviews, or otherwise reconsiders a court child support order, it664
or upon the request of any party, the court shall designate which 665
parent may claim the children who are the subject of the court 666
child support order as dependents for federal income tax purposes 667
as set forth in section 151 of the "Internal Revenue Code of 668
1986," 100 Stat. 2085, 26 U.S.C. 1, as amended. If the parties 669
agree on which parent should claim the children as dependents, the 670
court shall designate that parent as the parent who may claim the 671
children. If the parties do not agree, the court, in its order, 672
may permit the parent who is not the residential parent and legal 673
custodian to claim the children as dependents for federal income 674
tax purposes only if the court determines that this furthers the 675
best interest of the children and, with respect to orders the 676
court modifies, reviews, or reconsiders, the payments for child 677
support are substantially current as ordered by the court for the 678
year in which the children will be claimed as dependents. In cases 679
in which the parties do not agree which parent may claim the 680
children as dependents, the court shall consider, in making its 681
determination, any net tax savings, the relative financial 682
circumstances and needs of the parents and children, the amount of 683
time the children spend with each parent, the eligibility of 684
either or both parents for the federal earned income tax credit or 685
other state or federal tax credit, and any other relevant factor 686
concerning the best interest of the children.687

       If the court determines that the parent who is not the 688
residential parent and legal custodian may claim the children as 689
dependents for federal income tax purposes, it shall order the 690
residential parent to take whatever action is necessary pursuant 691
to section 152 of the "Internal Revenue Code of 1986," 100 Stat. 692
2085, 26 U.S.C. 1, as amended, to enable the parent who is not the 693
residential parent and legal custodian to claim the children as 694
dependents for federal income tax purposes in accordance with the 695
order of the court. Any willful failure of the residential parent 696
to comply with the order of the court is contempt of court.697

       Sec. 3119.87.  The parent who is the residential parent and 698
legal custodian of a child for whom a child support order is 699
issued or the person who otherwise has custody of a child for whom 700
a child support order is issued immediately shall notify, and the 701
obligor under a child support order may notify, the child support 702
enforcement agency administering the child support order of any 703
reason for which the child support order should terminate. Nothing 704
in this section shall preclude a person from notifying the agency 705
that a reason for which a child support order should terminate is 706
imminent. With respect to a court child support order, a willful 707
failure to notify the child support enforcement agency as required 708
by this division is contempt of court.709

       Sec. 3119.88. (A) Reasons for which a child support order 710
should administratively terminate include all of the following:711

       (A)(1) The child's attainment ofchild attains the age of 712
majority if the child no longer attends an accredited high school 713
on a full-time basis and the child support order requires support 714
to continue past the age of majority only if the child 715
continuously attends such a high school after attaining that age;716

       (B)(2) The child ceasingceases to attend an accredited high 717
school on a full-time basis after attaining the age of majority, 718
if the child support order requires support to continue past the 719
age of majority only if the child continuously attends such a high 720
school after attaining that age;721

       (C)(3) A court child support order specifies a termination 722
date for the order that is after a child reaches nineteen years of 723
age and the date specified in the order has been reached;724

        (4) The child's death;725

       (D)(5) The child's marriage;726

       (E)(6) The child's emancipation;727

       (F)(7) The child's enlistment in the armed services;728

       (G)(8) The child's deportation;729

       (H)(9) Change of legal custody of the child;730

       (10) The child's adoption;731

        (11) The obligor's death;732

        (12) The grandparent to whom support is being paid or a 733
grandparent who is paying support reports that the grandparent's 734
support order should terminate as a result of one of the events 735
described in division (D) of section 3109.19 of the Revised Code; 736

       (13) Marriage of the obligor under a child support order to 737
the obligee.738

       (B) A child support order may be terminated or suspended by 739
the court for any of the reasons listed in division (A) of this 740
section and, unless otherwise prohibited by law, any other 741
appropriate reasons brought to the attention of the court.742

       Sec. 3119.89.  (A) Upon receipt of a notice pursuant to 743
section 3119.87 of the Revised Code and upon completion and filing 744
of an application for services under Title IV-D of the "Social 745
Security Act," 88 Stat. 2351 (1975), 42 U.S.C. 651, as amended, 746
the child support enforcement agency administering a child support 747
order, within twenty days after receipt of the notice, shall 748
complete an investigation. The agency administering a child 749
support order may conduct an investigation upon its own initiative 750
if it otherwise has reason to believe that there may be a reason 751
for which the order should terminate. Nothing in sections 3119.86 752
to 3119.94 of the Revised Code shall preclude the agency from 753
initiating an investigation under this section before a reason for 754
which the order should terminate has occurred. The agency's 755
investigation shall determine the following:756

       (1) Whether any reason exists for which the order should 757
terminate;758

       (2) Whether there are other children subject to the order;759

       (3) Whether the obligor owes any arrearages under the order;760

       (4) Whether the agency believes it is necessary to continue 761
withholding or deduction pursuant to a notice or order described 762
in section 3121.03 of the Revised Code for the other children or 763
arrearages;764

       (5) Whether child support amounts paid pursuant to the order 765
being investigated should be impounded because continuation of 766
receipt and disbursement would lead to an overpayment by the 767
obligor.768

       (B) If the agency, pursuant to the investigation under 769
division (A) of this section, determines that other children are 770
subject to the child support order and that it is necessary to 771
continue withholding or deduction for the other children, the 772
agency shall divide the child support due annually and per month 773
under the order by the number of children who are the subject of 774
the order and subtract the amount due for the child for whom the 775
order should be terminated from the total child support amount due 776
annually and per month. The resulting annual and per month child 777
support amount shall be included in the results of the agency's 778
investigation as the recommended child support amount due annually 779
and monthly under a revised child support order. If arrearage 780
amounts are owed, those amounts may be included as part of the 781
recommended child support amount. The investigation under division 782
(A) of this section shall not include a review pursuant to 783
sections 3119.60 to 3119.76 of the Revised Code of any other 784
children subject to the child support order.785

       Sec. 3119.90.  (A) If, pursuant to an investigation conducted 786
under section 3119.89 of the Revised Code, the child support 787
enforcement agency determines both that a child support order 788
should terminate and that child support amounts paid pursuant to 789
the order should be impounded because continuation of receipt and 790
disbursement would lead to an overpayment by the obligor, the 791
agency shall do the following:792

        (1) With respect to a court child support order, immediately 793
notify the court that issued the order of the results of its 794
investigation and submit to the court an order impounding any 795
funds received for the child pursuant to the court child support 796
order that was under investigation;797

       (2) With respect to an administrative child support order, 798
issue an administrative order impounding any funds received for 799
the child pursuant to the administrative child support order that 800
was under investigation.801

       (B) A child support enforcement agency that conducts an 802
investigation of a child support order shall give the obligor and 803
obligee under the order notice of the results of its investigation 804
and a copy of any court or administrative impound order issued 805
pursuant to division (A) of this section. The obligor and obligee 806
also shall be given all of the following:807

       (1) Notice of their right to request an administrative 808
hearing regarding any conclusions of the investigation;809

       (2) Notice of the procedures and time deadlines for 810
requesting the hearing;811

       (3)(a) Notice that the conclusions of the investigations will 812
be issued as an administrative order by the agency if the 813
underlying order is an administrative child support order;814

       (b) Notice that the conclusions of the investigations will be 815
submitted to the court for inclusion into a revised or terminated 816
court child support order with no further court hearing if the 817
underlying order is a court child support order.818

       (4) Notice that no revised administrative or court child 819
support order will be issued if either the obligor or obligee 820
requests an administrative hearing on the investigation 821
conclusions within thirtyfourteen days after receipt of the822
notice is issued under this division.823

       Sec. 3119.91.  If an obligor or obligee under a child support 824
order timely requests an administrative hearing pursuant to 825
section 3119.90 of the Revised Code, the child support enforcement 826
agency shall schedule a hearing on the issue, give the parties 827
notice of the date, time, and location of the hearing, and conduct 828
the hearing. On completion of the hearing, the child support 829
enforcement agency shall issue a decision. The decision shall 830
include a notice stating that the obligor or obligee may object to 831
the decision by filing a motion within thirtyfourteen days after 832
the issuance of the decision in one of the following courts 833
requesting a determination as to whether the order should be 834
terminated or whether any other appropriate determination 835
regarding the order should be made:836

       (A) With respect to a court child support order, in the court 837
that issued the order or that otherwise has jurisdiction over the 838
order;839

       (B) With respect to an administrative child support order, 840
the juvenile court or other court with jurisdiction under section 841
2101.022 or 2301.03 of the Revised Code of the county in which the 842
agency that issued the order is located.843

       The notice shall also state that if neither the obligor nor 844
the obligee files the motion within the thirty-dayfourteen-day845
period, the administrative hearing decision is final and will be 846
filed with the court or in the administrative case file.847

       Sec. 3119.92.  If the obligor, the obligee, or both file a 848
motion as described in section 3119.91 of the Revised Code within 849
the thirty-dayfourteen-day period, the court shall set the case 850
for a hearing for a determination as to whether the support order 851
should be terminated or whether the court should take any other 852
appropriate action. On the filing of the motion, the court shall 853
issue an order directing that the impoundment order issued by the 854
child support enforcement agency regarding support amounts 855
received for the child remain in effect while the motion is 856
pending. If neither the obligor nor the obligee files a motion as 857
described in section 3119.91 of the Revised Code within the 858
thirty-dayfourteen-day period, the administrative hearing 859
decision is final and will be filed with the court or in the 860
administrative case file.861

       Sec. 3121.01.  As used in this chapter:862

       (A) "CourtAdministrative child support order," "child 863
support order," "court child support order," "court support 864
order," and"obligee," "obligor," "personal earnings," and 865
"support order" have the same meanings as in section 3119.01 of 866
the Revised Code.867

       (B) "Default" means any failure to pay under a support order 868
that is an amount greater than or equal to the amount of support 869
payable under the support order for one month.870

       (C) "Financial institution" means a bank, savings and loan 871
association, or credit union, or a regulated investment company or 872
mutual fund.873

       (D) "Income" means any form of monetary payment, including 874
personal earnings; workers' compensation payments; unemployment 875
compensation benefits to the extent permitted by, and in 876
accordance with, sections 3121.07 and 4141.284 of the Revised 877
Code, and federal law governing the department of job and family 878
services; pensions; annuities; allowances; private or governmental 879
retirement benefits; disability or sick pay; insurance proceeds; 880
lottery prize awards; federal, state, or local government benefits 881
to the extent that the benefits can be withheld or deducted under 882
the law governing the benefits; any form of trust fund or 883
endowment; lump sum payments, including a one-time pay supplement 884
of one hundred fifty dollars or more paid under section 124.183 of 885
the Revised Code; and any other payment in money.886

       (E) "Intercept directive" means a document sent by a child 887
support enforcement agency to a payor that either requires the 888
payor to transmit all or any portion of a lump sum payment to the 889
office of child support if the obligor is in default or has any 890
arrearages under a support order, or that requires the payor to 891
immediately pay the full amount of the lump sum payment to the 892
obligor if the obligor is not under a default order and does not 893
have any arrearages under the order, in accordance with section 894
3121.12 of the Revised Code.895

       (F) "Payor" means any person or entity that pays or 896
distributes income to an obligor, including an obligor if the 897
obligor is self-employed; an employer; an employer paying an 898
obligor's workers' compensation benefits; the public employees 899
retirement board; the governing entity of a municipal retirement 900
system; the board of trustees of the Ohio police and fire pension 901
fund; the state teachers retirement board; the school employees 902
retirement board; the state highway patrol retirement board; a 903
provider, as defined in section 3305.01 of the Revised Code; the 904
bureau of workers' compensation; or any other person or entity 905
other than the department of job and family services with respect 906
to unemployment compensation benefits paid pursuant to Chapter 907
4141. of the Revised Code.908

       Sec. 3121.02.  In any action in which a support order is 909
issued or modified, one of the following shall apply, as 910
appropriate, to ensure that withholding or deduction from the 911
income or assets of the obligor is available from the commencement 912
of the support order for the collection of the support and any 913
arrearages that occur:914

       (A) The court, with respect to a court support order, or the 915
child support enforcement agency, with respect to an 916
administrative child support order, shall require the withholding 917
or deduction of income or assets of the obligor under section 918
3121.03 of the Revised Code.919

       (B) The court, with respect to a court support order, shall 920
issue another type of court order under division (C) or (D) of 921
section 3121.03 of the Revised Code or, section 3121.04, 3121.05, 922
or 3121.06, or division (C) of section 3121.12 of the Revised 923
Code.924

       (C) The agency, with respect to an administrative child 925
support order, shall issue an administrative order, or request 926
that the court issue a court order, under division (C) or (D) of 927
section 3121.03 of the Revised Code or section 3121.12 of the 928
Revised Code.929

       Sec. 3121.035.  Within fifteen days after an obligor under a 930
support order is located following issuance or modification of the 931
support order, the court or child support enforcement agency that 932
issued or modified the support order, or the agency, pursuant to 933
an agreement with the court with respect to a court support order, 934
shall do either of the following:935

       (A) If a withholding or deduction notice described in section 936
3121.03 of the Revised Code is appropriate, send the notice by 937
regular mail or via secure federally managed data transmission 938
interfaceelectronic means to each person required to comply with 939
it;940

       (B) If an order described in section 3121.03, 3121.04 to 941
3121.08, or 3121.12 of the Revised Code is appropriate, issue and 942
send the appropriate order.943

       Sec. 3121.12.  (A) On receipt of a notice that a lump sum 944
payment of one hundred fifty dollars or more is to be paid to the 945
obligor, the court, with respect to a court support order, or the946
child support enforcement agency, with respect to an 947
administrative child support order, shall do either of the 948
following:949

       (1) If the obligor is in default under the support order or 950
has any arrearages under the support order, issue an order951
intercept directive requiring the transmittal of the lump sum 952
payment, or any portion of the lump sum payment sufficient to pay 953
the arrearage in full, to the office of child support;954

       (2) If the obligor is not in default under the support order 955
and does not have any arrearages under the support order, issue an 956
order directing the person who gave the notice to the court or 957
agency to immediately payintercept directive requiring the 958
immediate release of the full amount of the lump sum payment to 959
the obligor.960

       (B) Any moneys received by the office of child support 961
pursuant to division (A) of this section shall be distributed in 962
accordance with rules adopted under section 3121.71 of the Revised 963
Code.964

       (C) A court that issued an orderIn the case of a notice of a 965
lump sum payment made in accordance with a support order issued966
prior to January 1, 1998, requiring an employer to withhold an 967
amount from an obligor's personal earnings for the payment of 968
support, the child support enforcement agency that receives 969
notification of the lump sum payment from the payor shall notify 970
the court that issued the order, and the court shall issue a 971
supplemental order that does not change the original order or the 972
related support order requiring the employer to do all of the 973
following:974

       (1) No later than the earlier of forty-five days before a 975
lump sum payment is to be made or, if the obligor's right to a 976
lump sum payment is determined less than forty-five days before it 977
is to be made, the date on which that determination is made, 978
notify the child support enforcement agency of any lump sum 979
payment of any kind of one hundred fifty dollars or more that is 980
to be paid to the obligor;981

       (2) Hold the lump sum payment for thirty days after the date 982
on which it would otherwise be paid to the obligor;983

       (3) On order of the court, pay any specified amount of the 984
lump sum payment to the office of child support.985

       (D) An employerA payor that knowingly fails to notify the 986
child support enforcement agency in accordance with this section 987
or section 3121.03 of the Revised Code of any lump sum payment to 988
be made to an obligor is liable for any support payment not made 989
to the obligee as a result of its knowing failure to give the 990
notice.991

       Sec. 3121.29.  Each support order, or modification of a 992
support order, shall contain a notice that states the following in 993
boldface type and in all capital letters:994

       "EACH PARTY TO THIS SUPPORT ORDER MUST NOTIFY THE CHILD 995
SUPPORT ENFORCEMENT AGENCY IN WRITING OF HIS OR HER CURRENT 996
MAILING ADDRESS, CURRENT RESIDENCE ADDRESS, CURRENT RESIDENCE 997
TELEPHONE NUMBER, CURRENT DRIVER'S LICENSE NUMBER, AND OF ANY 998
CHANGES IN THAT INFORMATION. EACH PARTY MUST NOTIFY THE AGENCY OF 999
ALL CHANGES UNTIL FURTHER NOTICE FROM THE COURT OR AGENCY, 1000
WHICHEVER ISSUED THE SUPPORT ORDER. IF YOU ARE THE OBLIGOR UNDER A 1001
CHILD SUPPORT ORDER AND YOU FAIL TO MAKE THE REQUIRED 1002
NOTIFICATIONS, YOU MAY BE FINED UP TO $50 FOR A FIRST OFFENSE, 1003
$100 FOR A SECOND OFFENSE, AND $500 FOR EACH SUBSEQUENT OFFENSE. 1004
IF YOU ARE AN OBLIGOR OR OBLIGEE UNDER ANY SUPPORT ORDER ISSUED BY 1005
A COURT AND YOU WILLFULLY FAIL TO GIVE THE REQUIRED NOTICES, YOU 1006
MAY BE FOUND IN CONTEMPT OF COURT AND BE SUBJECTED TO FINES UP TO 1007
$1,000 AND IMPRISONMENT FOR NOT MORE THAN 90 DAYS.1008

       IF YOU ARE AN OBLIGOR OR AN OBLIGEE, AND YOU FAIL TO GIVE THE 1009
REQUIRED NOTICES TO THE CHILD SUPPORT ENFORCEMENT AGENCY, YOU MAY 1010
NOT RECEIVE NOTICE OF THE CHANGES AND REQUESTS TO CHANGE THE CHILD 1011
SUPPORT AMOUNT, HEALTH CARE PROVISIONS, OR TERMINATION OF THE 1012
CHILD SUPPORT ORDER. IF YOU ARE AN OBLIGOR AND YOU FAIL TO GIVE 1013
THE REQUIRED NOTICES, YOU MAY NOT RECEIVE NOTICE OF THE FOLLOWING 1014
ENFORCEMENT ACTIONS AGAINST YOU: IMPOSITION OF LIENS AGAINST YOUR 1015
PROPERTY; LOSS OF YOUR PROFESSIONAL OR OCCUPATIONAL LICENSE, 1016
DRIVER'S LICENSE, OR RECREATIONAL LICENSE; WITHHOLDING FROM YOUR 1017
INCOME; ACCESS RESTRICTION AND DEDUCTION FROM YOUR ACCOUNTS IN 1018
FINANCIAL INSTITUTIONS; AND ANY OTHER ACTION PERMITTED BY LAW TO 1019
OBTAIN MONEY FROM YOU TO SATISFY YOUR SUPPORT OBLIGATION."1020

       Sec. 3121.33.  The withholding or deduction notices and,1021
other orders issued under sections 3121.03,and 3121.04 to 3121.06 1022
of the Revised Code, andintercept directives issued under section1023
3121.12 of the Revised Code, and the notices that require the 1024
obligor to notify the child support enforcement agency 1025
administering the support order of any change in the obligor's 1026
employment status or of any other change in the status of the 1027
obligor's assets, are final and enforceable by the court.1028

       Sec. 3121.34.  A person required to comply with withholding 1029
or deduction notices described in section 3121.03 of the Revised 1030
Code shall determine the manner of withholding or deducting from 1031
the specific requirement included in the notices without the need 1032
for any amendment to the support order, and a person required to 1033
comply with an order described in sections 3121.03,and 3121.04 to 1034
3121.06 of the Revised Code, andor an intercept directive issued 1035
under section 3121.12 of the Revised Code shall comply without the 1036
need for any amendment to the support order.1037

       Sec. 3123.031.  The default notice shall contain all of the 1038
following:1039

       (A) The date on which it is sentissued;1040

       (B) A statement that the obligor is in default under a 1041
support order;1042

       (C) The amount of arrearages the obligor owes due to the 1043
default as of the date the default notice is sentissued;1044

       (D) A statement that any arrearages owed by the obligor that 1045
arise after the default notice is sentissued and during the 1046
period of default will be added to the obligor's total child 1047
support obligation and will be subject to collection efforts 1048
without further default notice;1049

       (E) A statement of the types of withholding or deduction 1050
requirements and related notices described in section 3121.03 of 1051
the Revised Code or the types of court orders described in 1052
sections 3121.03, 3121.04 to 3121.08, and 3121.12 of the Revised 1053
Code that will be issued for payment of support and arrearages and 1054
the amount that will be withheld or deducted pursuant to those 1055
requirements;1056

       (F) A statement that any notice for the withholding or 1057
deduction of an amount from income or assets applies to all 1058
current and subsequent payors of the obligor and financial 1059
institutions in which the obligor has an account and that any 1060
withholding or deduction requirement and related notice described 1061
in section 3121.03 of the Revised Code or any court order 1062
described in sections 3121.03, 3121.04 to 3121.08, and 3121.12 of 1063
the Revised Code that is issued will not be discontinued solely 1064
because the obligor pays arrearages;1065

       (G) A statement that the obligor may file with the child 1066
support enforcement agency, within seven businessfourteen days 1067
after the date on which the default notice is sentissued, a 1068
written request for an administrative hearing under section 1069
3123.04 of the Revised Code;1070

       (H) A statement that, if the obligor files a timely written 1071
request for an administrative hearing, the obligor may file with 1072
the court, within seven businessfourteen days after the agency 1073
makes its determinations under the administrative hearing, a 1074
written motion for a court hearing under section 3123.05 of the 1075
Revised Code;1076

       (I) An explanation of the administrative and court action 1077
that will take place if the obligor files a timely written request 1078
or motion for an administrative or court hearing;1079

       (J) An explanation of how a final and enforceable 1080
determination of default and amount of arrearages is made under 1081
sections 3123.032, 3123.04, and 3123.05 of the Revised Code;1082

       (K) A statement that a withholding notice may be issued in 1083
accordance with section 3123.021 of the Revised Code if the child 1084
support enforcement agency determines the obligor has obtained 1085
employment and an explanation of the provisions of section 1086
3123.022 of the Revised Code.1087

       Sec. 3123.04.  An obligor who receives a default notice under 1088
section 3123.03 of the Revised Code may file a written request for 1089
an administrative hearing with the child support enforcement 1090
agency that identified the default regarding whether a mistake of 1091
fact was made in the notice. The request must be filed not later 1092
than seven businessfourteen days after the date on which the 1093
default notice is sentissued.1094

       If the obligor makes a timely request for a hearing, the 1095
agency shall conduct an administrative hearing no later than ten 1096
days after the date on which the obligor files the request for the 1097
hearing. No later than five days before the date on which the 1098
hearing is to be conducted, the agency shall send the obligor and 1099
the obligee written notice of the date, time, place, and purpose 1100
of the hearing. The notice to the obligor and obligee also shall 1101
indicate that the obligor may present testimony and evidence at 1102
the hearing only in regard to the issue of whether a mistake of 1103
fact was made in the default notice.1104

       At the hearing, the child support enforcement agency shall 1105
determine whether a mistake of fact was made in the default 1106
notice. The agency shall send its determinations to the obligor. 1107
The agency's determinations are final and are enforceable by the 1108
court unless, within seven businessfourteen days after the agency 1109
makesissues its determinations, the obligor files a written 1110
motion with the court for a court hearing to determine whether a 1111
mistake of fact still exists in the default notice.1112

       If an agency's determination becomes final and enforceable 1113
under this section, the agency shall take further action as 1114
required under section 3123.06 of the Revised Code.1115

       Sec. 3123.05.  If, not later than seven businessfourteen1116
days after the child support enforcement agency makesissues its 1117
determinations under section 3123.04 of the Revised Code, the 1118
obligor files a written motion for a court hearing to determine 1119
whether a mistake of fact still exists in the default notice, the 1120
court shall hold a hearing as soon as possible, but not later than 1121
ten days, after the motion is filed. Not later than five days 1122
before the date on which the court hearing is to be held, the 1123
court shall send the obligor and the obligee written notice by 1124
regular mail of the date, time, place, and purpose of the court 1125
hearing. The hearing shall be limited to a determination of 1126
whether there is a mistake of fact in the default notice.1127

       At the hearing, the court shall determine whether there is a 1128
mistake of fact in the default notice. On the conclusion of the 1129
hearing, the court shall make its determination. The determination 1130
is final and enforceable. The court shall take further action as 1131
provided in section 3123.06 of the Revised Code.1132

       Sec. 3123.06.  (A) If either a court, under section 3123.05 1133
of the Revised Code, or child support enforcement agency, under 1134
section 3123.032 or 3123.04 of the Revised Code, makes a final and 1135
enforceable determination that an obligor is in default under a 1136
support order, one of the following shall apply:1137

       (1) If no withholding notice was issued in accordance with 1138
section 3123.021 of the Revised Code with respect to the order, 1139
the court or agency shall issue one or more notices requiring 1140
withholding or deduction of income or assets of the obligor in 1141
accordance with section 3121.03 of the Revised Code, or the court 1142
shall issue one or more court orders imposing other appropriate 1143
requirements in accordance with sections 3121.03, 3121.035, 1144
3121.04 to 3121.08, and division (C) of section 3121.12 of the 1145
Revised Code.1146

       (2) If a withholding notice was issued in accordance with 1147
section 3123.021 of the Revised Code with respect to the order and 1148
the final and enforceable determination of default altered the 1149
arrearage amount stated in the default notice, the court or 1150
agency, whichever made the determination, shall revise the 1151
withholding notice and may issue, as appropriate, any of the 1152
notices or orders described in division (A)(1) of this section.1153

       (3) If a withholding notice was issued in accordance with 1154
section 3123.021 of the Revised Code with respect to the order but 1155
the final and enforceable determination of default did not alter 1156
the arrearage amount stated in the default notice, the withholding 1157
notice shall remain in effect. The court or agency, in addition 1158
and as appropriate, may issue any other notice or order described 1159
in division (A)(1) of this section.1160

       (B) If a court, under section 3123.05 of the Revised Code, or 1161
an agency, under section 3123.04 of the Revised Code, determines 1162
that no default exists under a support order, the court or agency 1163
shall terminate the default proceedings. If a withholding notice 1164
was issued in accordance with section 3123.021 of the Revised Code 1165
with respect to the order, the court or agency, whichever made the 1166
final and enforceable determination, shall revise the withholding 1167
notice, and may issue, as appropriate, any of the notices or 1168
orders described in division (A)(1) of this section, to collect 1169
current support.1170

       (C) A withholding or deduction notice issued under division 1171
(A)(1), (2), or (3) of this section shall require the payment of 1172
arrearages caused by the default along with any payment for 1173
current support. A withholding or deduction notice or other 1174
appropriate order described under this section shall be issued not 1175
later than fifteen days after the determination of default under 1176
the support order becomes final and enforceable. Section 3123.21 1177
of the Revised Code applies to a withholding or deduction notice 1178
or other appropriate order described under division (A) of this 1179
section beginning on the date it is issued and ending on the date 1180
the period of default ends.1181

       Sec. 3123.14.  If a child support order is terminated for any 1182
reason, the obligor under the child support order is or was at any 1183
time in default under the support order and, after the termination 1184
of the order, the obligor owes an arrearage under the order, the 1185
obligee may make application to the child support enforcement 1186
agency that administered the child support order prior to its 1187
termination or had authority to administer the child support order 1188
to maintain any administrative or judicial action or proceeding to 1189
enforce the order on behalf of the obligee to obtain a judgment, 1190
execution of a judgment through any available procedure, an order, 1191
or other relief. If a withholding or deduction notice is issued 1192
pursuant to section 3121.03 of the Revised Code to collect an 1193
arrearage, the amount withheld or deducted from the obligor's 1194
personal earnings, income, or accounts shall be at least equal to 1195
the amount that was withheld or deducted under the terminated 1196
child support order.1197

       Sec. 3123.25.  (A) If, as a result of information obtained 1198
pursuant to an agreement under section 3121.74 of the Revised 1199
Code, the office of child support in the department of job and 1200
family services finds or receives notice that identifies an 1201
obligor in default who maintains an account with a financial 1202
institution, the office shall, within one business day, enter the 1203
information into the case registry established pursuant to section 1204
3121.81 of the Revised Code.1205

       (B) If a child support enforcement agency, after examining 1206
the case registryupon notice or discovery of an account, 1207
determines that an obligor in default under a support order 1208
administered by the agency maintains an account in a financial 1209
institution, the agency shall determine whether the obligor is 1210
subject to a final and enforceable determination of default made 1211
under sections 3123.01 to 3123.07 of the Revised Code. If the 1212
obligor is subject to a final and enforceable determination of 1213
default, the agency may issue an access restriction notice to the 1214
financial institution in which the obligor's account is 1215
maintained.1216

       Sec. 3123.27.  The child support enforcement agency shall, no 1217
later than five business days after information is entered into 1218
the case registry under section 3123.25 of the Revised Code,may1219
investigate and determine the amount of funds in the account that 1220
is available to satisfy the obligor's arrearages under a support 1221
order. The financial institution shall cooperate with the agency's 1222
investigation.1223

       Sec. 3123.30.  The notice sent under section 3123.29 of the 1224
Revised Code shall contain both of the following:1225

       (A) A statement of the date the notice is sent, that another 1226
of the account holders is an obligor under a support order, the 1227
name of the obligor, that the support order is in default, the 1228
amount of the arrearage owed by the obligor as determined by the 1229
court or child support enforcement agency, the amount that will be 1230
withdrawn, the type of account from which the amount will be 1231
withdrawn, and the name of the financial institution from which 1232
the amount will be withdrawn;1233

       (B) A statement that the person may object to the withdrawal 1234
by filing with the agency, no later than tenfourteen days after 1235
the date on which the notice is sentissued, a written request for 1236
an administrative hearing to determine whether any amount 1237
contained in the account is the property of the person to whom the 1238
notice is sent and should not be subject to the withdrawal 1239
directive.1240

       Sec. 3123.31.  The person to whom notice is sent under 1241
section 3123.29 of the Revised Code shall have tenfourteen days 1242
from the date the notice is sentissued to object to the 1243
withdrawal by filing with the child support enforcement agency 1244
that sent the notice a written request for an administrative 1245
hearing to determine whether any amount contained in the account 1246
is the property of that person and should not be subject to the 1247
withdrawal directive.1248

       Sec. 3123.34.  If a child support enforcement agency 1249
determines that the total amount in an account is the property of 1250
a person who is not the obligor from whom payment is sought, it 1251
shall order the financial institution to release the access 1252
restriction on the account and shall take no further enforcement 1253
action on the account. A copy of this notice shall be sent to the 1254
obligor. If the agency determines that some of the funds in the 1255
account are the property of the person, it shall order the 1256
financial institution to release the access restriction on the 1257
account in that amount and shall take no further enforcement 1258
action on those funds. A copy of this notice shall be sent to the 1259
obligor. The agency shall issue a withdrawal directive pursuant to 1260
section 3123.37 of the Revised Code for the remaining funds 1261
unless, no later than tenfourteen days after the agency makes1262
issues its determination, the person files a written motion with 1263
the court of common pleas of the county served by the child 1264
support enforcement agency for a hearing to determine whether any 1265
amount contained in the account is the property of the person.1266

       Sec. 3123.35.  If the person described in section 3123.34 of 1267
the Revised Code files a timely motion with the court that issued 1268
the child support order or that is located in the county where the 1269
child support enforcement agency issued the order, the court shall 1270
hold a hearing on the request no later than tenfourteen days 1271
after the request is filed. The person who filed the motion shall 1272
be considered a temporary party for the purposes of objecting to 1273
the determination made pursuant to section 3123.33 of the Revised 1274
Code only. No later than five days before the date on which the 1275
hearing is to be held, the court shall send the person written 1276
notice by ordinary mail of the date, time, place, and purpose of 1277
the hearing. The hearing shall be limited to a determination of 1278
how much, if any, of the amount contained in the account is the 1279
property of the person.1280

       Sec. 3123.72.  A child support enforcement agency shall file 1281
a notice requesting that the county recorder discharge the lien if 1282
one of the following applies:1283

       (A) The lien is satisfied through an action pursuant to 1284
section 3123.74 of the Revised Code.1285

       (B) The obligor makes full payment of the arrearage to the 1286
office of child support in the department of job and family 1287
services or, pursuant to sections 3125.27 to 3125.30 of the 1288
Revised Code, to the child support enforcement agency that is the 1289
basis of the lien.1290

       (C) An appropriate withholding or deduction notice or other 1291
appropriate order described in section 3121.03, 3121.04, 3121.05, 1292
3121.06, or 3121.12 of the Revised Code has been issued to collect 1293
current support and any arrearage due under the support order that 1294
was in default, and the obligor is complying with the notice or 1295
order.1296

       (D) A new support order has been issued or the support order 1297
that was in default has been modified to collect current support 1298
and any arrearage due under the support order that was in default, 1299
and the obligor is complying with the new or modified support 1300
order.1301

       (E) The agency releases the lien pursuant to section 3123.76 1302
of the Revised Code.1303

       Sec. 3123.821.  The office of child support created in the 1304
department of job and family services under section 3125.02 of the 1305
Revised Code shall work with the tax commissioner to collect the 1306
following:1307

       (A) Overdue child support from refunds of paid state income 1308
taxes under Chapter 5747. of the Revised Code that are payable to 1309
obligors;1310

       (B) Overpaid child support from refunds of paid state income 1311
taxes under Chapter 5747. of the Revised Code that are payable to 1312
obligees.1313

       Sec. 3123.822.  No overdue or overpaid child support shall be 1314
collected from refunds of paid state income taxes paid by an 1315
obligor or obligee unless all of the following conditions are met:1316

       (A) Any reduction authorized by section 5747.12 of the 1317
Revised Code has first been made, except as otherwise provided in 1318
this section.1319

       (B) The refund payable to the obligor or obligee is not less 1320
than twenty-five dollars after any reduction pursuant to section 1321
5747.12 of the Revised Code.1322

       (C) Either of the following applies:1323

       (1) With respect to overdue child support, the obligor is not 1324
less thanmaintains an arrearage in the payment of support for1325
three months in arrears in the obligor's payment of child support,1326
and the amount of the total arrearage during each of the three 1327
months is not less thanat least one hundred fifty dollars;1328

       (2) With respect to overpaid child support, the amount 1329
overpaid is not less than one hundred fifty dollars.1330

       Overdue support or overpaid child support shall be collected 1331
from such refunds before any part of the refund is used as a 1332
contribution pursuant to section 5747.113 of the Revised Code. 1333
Overdue support or overpaid child support shall be collected from 1334
such refunds before the refund or any part of the refund is 1335
credited against tax due in any subsequent year pursuant to 1336
section 5747.12 of the Revised Code, notwithstanding the consent 1337
of the obligor or obligee for such crediting.1338

       Section 2.  That existing sections 3111.29, 3111.38, 3111.49, 1339
3111.78, 3111.80, 3111.81, 3111.84, 3119.30, 3119.38, 3119.43, 1340
3119.60, 3119.61, 3119.63, 3119.72, 3119.76, 3119.77, 3119.82, 1341
3119.87, 3119.88, 3319.89, 3119.90, 3119.91, 3119.92, 3121.01, 1342
3121.02, 3121.035, 3121.12, 3121.29, 3121.33, 3121.34, 3123.031, 1343
3123.04, 3123.05, 3123.06, 3123.14, 3123.25, 3123.27, 3123.30, 1344
3123.31, 3123.34, 3123.35, 3123.72, 3123.821, and 3123.822 and 1345
section 3121.11 of the Revised Code are hereby repealed.1346

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