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 |
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 the | 118 |
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 |
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, theThe | 198 |
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 |
(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 Medicaidmedicaid | 259 |
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 business | 292 |
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 |
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 |
(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 |
(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 |
(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 |
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 |
(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 |
(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 a | 514 |
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 |
(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 person | 579 |
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 |
(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-five | 616 |
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 |
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, it | 664 |
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. 3119.89. (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 |
(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 |
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 |
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 |
(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 |
(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 issued | 966 |
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 |
"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 section | 1023 |
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 |
(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 |
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 |
Sec. 3123.05. If, not later than seven businessfourteen | 1116 |
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 |
(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 |
(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 |
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 makes | 1262 |
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 |
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 |