As Introduced
132nd General Assembly
Regular Session S. B. No. 70
2017-2018
Senator Coley
Cosponsors: Senators Bacon, Eklund, Terhar, Beagle, Huffman
A BILL
To amend sections 3111.29, 3111.38, 3111.46, 3111.49, 3111.78, 3111.80, 3111.81, 3111.84, 3119.06, 3119.30, 3119.38, 3119.43, 3119.60, 3119.61, 3119.63, 3119.72, 3119.76, 3119.77, 3119.82, 3119.87, 3119.88, 3119.89, 3119.90, 3119.91, 3119.92, 3121.01, 3121.02, 3121.035, 3121.12, 3121.29, 3121.33, 3121.34, 3123.031, 3123.04, 3123.05, 3123.06, 3123.14, 3123.25, 3123.27, 3123.30, 3123.31, 3123.34, 3123.35, 3123.72, 3123.821, and 3123.822, to enact sections 3111.801 and 3119.631 and to repeal section 3121.11 of the Revised Code to amend the child support laws.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3111.29, 3111.38, 3111.46, 3111.49, 3111.78, 3111.80, 3111.81, 3111.84, 3119.06, 3119.30, 3119.38, 3119.43, 3119.60, 3119.61, 3119.63, 3119.72, 3119.76, 3119.77, 3119.82, 3119.87, 3119.88, 3119.89, 3119.90, 3119.91, 3119.92, 3121.01, 3121.02, 3121.035, 3121.12, 3121.29, 3121.33, 3121.34, 3123.031, 3123.04, 3123.05, 3123.06, 3123.14, 3123.25, 3123.27, 3123.30, 3123.31, 3123.34, 3123.35, 3123.72, 3123.821, and 3123.822 be amended and sections 3111.801 and 3119.631 of the Revised Code be enacted to read as follows:
Sec.
3111.29.
Once an acknowledgment of paternity becomes final
under section 3111.25 of the Revised Code, the mother or other
custodian or guardian of the child may file
do
either of the
following:
(A)
File a
complaint pursuant to section 2151.231 of the Revised
Code in the juvenile court or other court with jurisdiction
under section 2101.022 or 2301.03 of the Revised Code
of the county in which the child or the guardian or legal custodian
of the child resides requesting that the court order the
father or
mother to
pay an amount for the support of the child,
may contact ;
(B)
Contact the
child support enforcement agency for assistance
in obtaining the
order, or may request that an administrative
officer of a child support enforcement agency issue
an administrative order for the payment of child support pursuant
to section 3111.81 of the Revised Codea
child support order
as defined in section 3119.01 of the Revised Code.
Sec. 3111.38. At the request of a person described in division (A) of section 3111.04 of the Revised Code, the child support enforcement agency of the county in which a child resides or in which the guardian or legal custodian of the child resides shall determine the existence or nonexistence of a parent and child relationship between an alleged father and the child if an application for services administered under Title IV-D of the "Social Security Act," 88 Stat. 2351 (1975), 42 U.S.C. 651, as amended, or other IV-D referral has been completed and filed.
Sec. 3111.46. On receipt of the genetic test results, the administrative officer shall do one of the following:
(A)
If (1)
Except as provided in division (A) (2) of this section,
if the results of the genetic testing show a
ninety-nine per cent or greater probability that the alleged father
is the natural father of the child, the administrative officer of the
agency shall issue an administrative order that the alleged father is
the father of the child who is the subject of the proceeding.
(2) If identical siblings are named as the alleged father under division (A)(1) of this section, the administrative officer shall refer the case to the court and shall not issue an administrative order deciding the paternity of the child who is the subject of the proceeding.
(B) If the results of genetic testing show less than a ninety-nine per cent probability that the alleged father is the natural father of the child, the administrative officer shall issue an administrative order that the alleged father is not the father of the child who is the subject of the proceeding.
An order issued pursuant to this section shall be sent to parties in accordance with the Civil Rule governing service and filing of pleadings and other papers subsequent to the original complaint.
Sec.
3111.49.
The mother, alleged father, and guardian or legal
custodian of a child may object to an administrative order
determining
the existence or nonexistence of a parent and child relationship
by bringing, within thirty
fourteen
days
after the date
the administrative officer issues the order, an action under
sections 3111.01 to 3111.18 of the Revised Code in the juvenile
court or other court with jurisdiction under section 2101.022
or 2301.03 of the Revised Code in the county in which the
child support enforcement agency that employs the administrative
officer who issued the order is located. If the action
is not brought within the thirty-day
fourteen-day
period,
the
administrative order is final and enforceable by a court and may
not be challenged in an action or proceeding under Chapter 3111.
of the Revised Code.
Sec. 3111.78. A parent, guardian, or legal custodian of a child, the person with whom the child resides, or the child support enforcement agency of the county in which the child, parent, guardian, or legal custodian of the child resides may do either of the following to require a man to pay support and provide for the health care needs of the child if the man is presumed to be the natural father of the child under section 3111.03 of the Revised Code:
(A) If the presumption is not based on an acknowledgment of paternity, file a complaint pursuant to section 2151.231 of the Revised Code in the juvenile court or other court with jurisdiction under section 2101.022 or 2301.03 of the Revised Code of the county in which the child, parent, guardian, or legal custodian resides;
(B)
Ask
an administrative officer of a child support enforcement
agency to issue an administrative order pursuant to section
3111.81 of the Revised Code;
(C)
Contact a child support enforcement
agency for
to
request
assistance in obtaining an order for support
and the provision of health care for the child.
Sec.
3111.80.
If
a request for issuance of an administrative
support order is made under section 3111.29 or 3111.78
of the Revised Code or an
administrative officer issues an
administrative order determining the existence of a parent and
child relationship under section 3111.46 of the Revised Code,
the
(A)
An administrative
officer shall schedule an administrative
hearing to determine, in accordance with Chapters 3119.
and 3121. of the Revised Code, the amount of child support any
parent is required to pay, the method of payment of child support,
and the method of providing for the child's health care
if
an application for services administered under Title IV-D of the
"Social Security Act," 88 Stat. 2351 (1975), 42 U.S.C. 651,
as
amended, or other IV-D referral, has been completed and filed and
one of the following applies:
(1) An administrative officer has issued an administrative order determining the existence of a parent and child relationship under section 3111.46 of the Revised Code;
(2) A presumption of paternity exists under section 3111.03 of the Revised Code;
(3) A duty of support otherwise exists under section 3103.031 or Chapter 3115. of the Revised Code.
The administrative hearing shall be conducted by an administrative officer assigned by the child support enforcement agency.
(B)
The
administrative officer shall send the
mother and the
father each
of
the child
child's
parents notice
of the date, time,
place, and purpose of the administrative hearing. With respect
to an administrative hearing scheduled pursuant to an administrative
order determining, pursuant to section 3111.46 of the
Revised Code, the existence of a parent and child relationship,
the officer shall attach the notice of the administrative
hearing to the order and send it in accordance with
that section. The
notice shall include the request described
in section 3111.801 of the Revised Code and state that if
either parent
fails to comply with a request for information in
accordance with that section, the agency is permitted to make
reasonable
assumptions regarding the information that either
parent
failed to provide, and the agency shall proceed with the
determination
of support in the same manner as if all requested information
had been provided. The
Rules of Civil Procedure shall
apply regarding the sending of the notice
and any summons related
to the hearing,
except to the extent the
civil
rules, by their
nature, are clearly inapplicable and except that references
in the
civil
rules to the court or the clerk of the court
shall be construed as being references to the child
support
enforcement agency
or the administrative officer.
(C)
The hearing shall be held no
not
later than sixty days after the request
is made under section 3111.29 or 3111.78 of the
Revised Code or an administrative officer issues an administrative
order determining the existence of a parent and child
relationship under section 3111.46 of the Revised CodeTitle
IV-D application is submitted to or the Title IV-D referral
is received by the agency or after the issuance of an order
determining the existence of a parent and child relationship.
The hearing shall not
be held not
earlier than thirty days after the officer
gives the
mother and father each
parent
notice of the hearing.
(D) If either parent fails to comply with a request for information in accordance with section 3111.801 of the Revised Code, the agency may do either of the following:
(1) Proceed in accordance with division (A)(1) of section 3119.72 of the Revised Code;
(2) Make reasonable assumptions regarding the information the parent failed to provide and proceed with the determination of support in the same manner as if all requested information had been provided.
Sec. 3111.801. If an administrative officer schedules an administrative support hearing in accordance with section 3111.80 of the Revised Code, the administrative officer shall include in the notice described in section 3111.80 of the Revised Code a request that each parent provide the child support enforcement agency, not later than the date scheduled for formally beginning the administrative hearing, all of the following:
(A) A copy of each parent's most recently filed federal income tax return and all supporting schedules and documents;
(B) A copy of all pay stubs obtained by each parent within the immediately preceding six months;
(C) A copy of all other records evidencing the receipt of any other salary, wages, or compensation by each parent within the immediately preceding six months;
(D) A list of the group health insurance and health care policies, contracts, and plans available to each parent and their costs;
(E) The current health insurance or health care policy, contract, or plan under which each parent is enrolled and its cost;
(F) If either parent is a member of the uniformed services and is on active military duty, a copy of the parent's leave and earnings statement;
(G) Any other information necessary to properly establish the child support order.
Sec. 3111.81. After the hearing under section 3111.80 of the Revised Code is completed, the administrative officer may issue an administrative order for the payment of support and provision for the child's health care. The order shall take effect fourteen days after the order is issued. The order shall do all of the following in accordance with Chapters 3119. and 3121. of the Revised Code:
(A) Require periodic payments of support that may vary in amount, except that, if it is in the best interest of the child, the administrative officer may order the purchase of an annuity in lieu of periodic payments of support if the purchase agreement provides that any remaining principal will be transferred to the ownership and control of the child on the child's attainment of the age of majority;
(B) Require the parents to provide for the health care needs of the child in accordance with sections 3119.29 to 3119.56 of the Revised Code;
(C)
Include a notice that contains the information described
in section 3111.84 of the Revised Code informing the mother
and the father of parents
that the administrative order is
final and enforceable fourteen
days after the order is issued and
that they have the
right to object to the order by bringing an
action for the payment of support and provision of the child's
health care under section 2151.231 of the Revised Code
and
the effect of a failure to timely bring the action.
Sec.
3111.84.
The
mother or father Either
parent of
a child
who is the subject of an administrative support order may object
to the order by bringing an action for the payment of support
and provision for the child's health care under section 2151.231
of the Revised Code in the juvenile court or other court
with jurisdiction under section 2101.022 or 2301.03 of the Revised
Code of the county in which the child support enforcement
agency that employs
the administrative officer issues
the order is
located. The action shall be brought not later
than thirty
fourteen
days
after the date of the issuance of
the administrative support order. If
neither the mother nor the
father brings an action for the payment of support and provision
for the child's health care within that thirty-day period,
the The
administrative support order shall remain in effect
during the pendency of the objection unless a party requests
and is granted a stay by the court. The
administrative
support
order is
final and enforceable by
a court or
child support
enforcement agency fourteen
days after the order is issued
and
may
be modified only as provided in Chapters 3119., 3121.,
and 3123. of the Revised Code.
Sec. 3119.06. (A) Except as otherwise provided in this section, in any action in which a court issues or modifies a child support order or in any other proceeding in which a court determines the amount of child support to be paid pursuant to a child support order, the court shall issue a minimum child support order requiring the obligor to pay a minimum of fifty dollars a month. The court, in its discretion and in appropriate circumstances, may issue a minimum child support order requiring the obligor to pay less than fifty dollars a month or not requiring the obligor to pay an amount for support. The circumstances under which a court may issue such an order include the nonresidential parent's medically verified or documented physical or mental disability or institutionalization in a facility for persons with a mental illness or any other circumstances considered appropriate by the court.
If
a court issues a minimum child support order pursuant to
this section and the obligor under the support order is the recipient
of need-based
means-tested
public
assistance, any unpaid
amounts of support due under the support order shall accrue
as arrearages from month to month, and the obligor's current
obligation to pay the support due under the support order
is suspended during any period of time that the obligor is receiving
need-based
means-tested
public
assistance and is complying
with any seek work orders issued pursuant to section 3121.03
of the Revised Code. The court, obligee, and child support
enforcement agency shall not enforce the obligation of the
obligor to pay the amount of support due under the support order
while the obligor is receiving need-based
means-tested
public
assistance and is complying with any seek work orders
issued
pursuant to section 3121.03 of the Revised Code.
(B) As used in this section, "means-tested public assistance" includes cash assistance payments under the Ohio works first program established under Chapter 5107. of the Revised Code, financial assistance under the disability financial assistance program established under Chapter 5115. of the Revised Code, supplemental security income, or means-tested veterans' benefits.
Sec. 3119.30. (A) In any action or proceeding in which a child support order is issued or modified, the court, with respect to court child support orders, and the child support enforcement agency, with respect to administrative child support orders, shall determine the person or persons responsible for the health care of the children subject to the child support order and shall include provisions for the health care of the children in the child support order. The order shall specify that the obligor and obligee are both liable for the health care of the children who are not covered by private health insurance or cash medical support as calculated in accordance with section 3119.022 or 3119.023 of the Revised Code, as applicable.
(B) Based on information provided to the court or to the child support enforcement agency under section 3119.31 of the Revised Code, the order shall include one of the following:
(1) A requirement that both the obligor and the obligee obtain private health insurance coverage for the children if coverage is available for the children at a reasonable cost to both the obligor and the obligee and dual coverage would provide for coordination of medical benefits without unnecessary duplication of coverage.
(2) A requirement that the obligee obtain private health insurance coverage for the children if coverage is available through any group policy, contract, or plan available to the obligee and is available at a more reasonable cost than coverage is available to the obligor;
(3) A requirement that the obligor obtain private health insurance coverage for the children if coverage is available through any group policy, contract, or plan available to the obligor at a more reasonable cost than coverage is available to the obligee;
(4) If health insurance coverage for the children is not available at a reasonable cost to the obligor or the obligee at the time the court or child enforcement agency issues the order, a requirement that the obligor or the obligee immediately inform the child support enforcement agency that private health insurance coverage for the children has become available to either the obligor or obligee. The child support enforcement agency shall determine if the private health insurance coverage is available at a reasonable cost and if coverage is reasonable, division (B)(2) or (3) shall apply, as applicable.
(C) When a child support order is issued or modified, and the obligor's gross income is one hundred fifty per cent or more of the federal poverty level for an individual, the order shall include the amount of cash medical support to be paid by the obligor that is either five per cent of the obligor's adjusted gross income or the obligor's share of the United States department of agriculture estimated annual health care expenditure per child as determined in accordance with federal law and regulation, whichever is the lower amount. The amount of cash medical support paid by the obligor shall be paid during any period after the court or child support enforcement agency issues or modifies the order in which the children are not covered by private health insurance.
(D)
Any cash medical support paid pursuant to division (C) of
this section shall be paid by the obligor to either the obligee
if the children are not
Medicaid
medicaid
recipients, or to
the office of child support to defray the cost of
Medicaid
medicaid
expenditures if the children are
Medicaid
medicaid
recipients.
The child support enforcement agency administering the
court or administrative order shall amend the amount of monthly
child support obligation to reflect the amount paid when private
health insurance is not provided, as calculated in the current
order pursuant to section 3119.022 or 3119.023 of the Revised
Code, as applicable.
The
child support enforcement agency shall give the obligor notice in
accordance with Chapter 3121. of the Revised Code and provide the
obligor an opportunity to
be heard for
an administrative
hearing if the obligor believes there is a
mistake of fact regarding the availability of private health
insurance at a reasonable cost as determined under division (B) of
this section.
The obligor shall file a written request for the
administrative hearing with the agency not later than fourteen
days after the notice is issued.
(E) The obligor shall begin payment of any cash medical support on the first day of the month immediately following the month in which private health insurance coverage is unavailable or terminates and shall cease payment on the last day of the month immediately preceding the month in which private health insurance coverage begins or resumes. During the period when cash medical support is required to be paid, the obligor or obligee must immediately inform the child support enforcement agency that health insurance coverage for the children has become available.
Sec.
3119.38.
A person who receives a notice of medical support
enforcement activity under section 3119.35 of the Revised
Code may file a written request for an administrative hearing
with the child support enforcement agency that issued it
regarding
the
notice. The hearing shall address whether
a mistake
of fact was made in the national medical support notice referred
to in the notice of
medical support enforcement activityissued
by the agency.
The request must be filed not later
than seven
business fourteen
days
after the date on which the
notice of medical support enforcement activity is sent.
If
the person makes a timely request, the agency shall conduct an
the
administrative hearing not later than ten
days after the date on which the person files the request for the
hearing. Not later than five days before the date on which the
hearing is to be conducted, the agency shall send the person and any
other individual the agency determines appropriate written notice of
the date, time, place, and purpose of the hearing. The notice to the
person and any other appropriate individual also shall indicate that
the person may present testimony and evidence at the hearing only in
regard to the issue of whether a mistake of fact has been made in the
national medical support notice.
At
the hearing, the agency shall determine whether there is
a mistake of fact in the national medical support notice. The agency
shall send its determination to the person. That agency's
determination
is final unless, within seven
business fourteen
days
after the agency makes
issues
its
determination, the person files
a written motion with the court for a hearing to determine whether
there is still a mistake of fact in the national medical support
notice.
If an agency's determination becomes final under this section, the agency shall take further action as required by section 3119.41 of the Revised Code.
Sec.
3119.43.
If the person required to obtain health insurance
coverage pursuant to a child support order issued in accordance
with section 3119.30 of the Revised Code does not obtain
the required coverage within thirty days after the order is
issued, the child support enforcement agency shall
may
notify
the
court that issued the court child support order or, with respect
to an administrative child support order, the court of common
pleas of the county in which the agency is located, in writing
of the failure of the person to comply with the child support
order.
The court may punish the person for contempt under
Chapter 2705. of the Revised Code for the failure.
Sec.
3119.60.
If a child support enforcement agency, periodically
or on request of
an obligor or obligee
either parent,
plans to review a child support order in accordance with the
rules adopted pursuant to section 3119.76 of the Revised Code
or otherwise plans to review a child support order,
it
and
if
an
application for services administered under Title IV-D of the
"Social Security Act," 88 Stat. 2351 (1975), 42 U.S.C. 651,
as
amended, has been completed and filed, the agency shall
do all
of the following prior to formally beginning the review:
(A) Establish a date certain on which the review will formally begin;
(B)
Except as otherwise provided in section 3119.771 of the Revised Code,
at least forty-five
thirty
days before formally beginning the review,
send
the obligor and the obligee
each
parent notice by
ordinary mail of the planned review
and ,
of the date when the review will formally
begin,
and that the review
may add or adjust a payment on arrearages in accordance with
section 3123.21 of the Revised Code;
(C)(1)
Request the
obligor each
parent to provide the agency, no later than
the scheduled date for formally beginning the review, with all of the
following:
(a)
(1)
A copy of the
obligor's each
parent's federal income tax return and
all supporting schedules and documents from
the previous year;
(b)
(2)
A copy of all pay stubs obtained by the
obligor
each
parent within the preceding six months;
(c)
(3)
A copy of all other records evidencing the
receipt of any other salary, wages, or compensation by the
obligor each
parent
within the preceding six months;
(d)
(4)
A list of the group health insurance and
health care policies, contracts, and plans available to the
obligor each
parent and their costs;
(e)
(5)
The current health insurance
or health care policy, contract, or plan under which the
obligor each
parent is enrolled and its
cost;
(f)
(6)
If
the
obligor
either
parent is
a member of the uniformed
services and is on active military duty, a copy of the obligor's
Internal Revenue Service form W-2, "Wage and Tax Statement,"
and a copy of a parent's
leave and earnings statement
detailing the obligor's earnings and leave with the uniformed
services;
(g)
(7)
Any other information necessary to properly
review the child support order.
(2)
Request the obligee to provide the agency, no later than
the scheduled date for formally beginning the review, with all
of the following:
(a)
A copy of the obligee's federal income tax return from the
previous year;
(b)
A copy of all pay stubs obtained by the obligee within the
preceding six months;
(c)
A copy of all other records evidencing the receipt of any
other salary, wages, or compensation by the obligee within the
preceding six months;
(d)
A list of the group health insurance and health care policies,
contracts, and plans, including the tricare program offered
by the United States department of defense, available to the
obligee and their costs;
(e)
The current health insurance or health care policy, contract,
or plan under which the obligee is enrolled and its cost;
(f)
Any other information necessary to properly review the child
support order.
(D) Include in the notice sent pursuant to division (B) of this section, one of the following:
(1) If the child support order being reviewed is a court child support order, a notice that a willful failure to provide the documents and other information requested pursuant to division (C) of this section is contempt of court and that the agency may proceed with the review and make reasonable assumptions with respect to the information that was not provided, in accordance with section 3119.72 of the Revised Code;
(2)
If the child support order being reviewed is an administrative
child support order, a notice that if either the
obligor
or obligee parent
fails
to comply with the request for information,
the agency may
bring an action under section 3119.72
of the Revised Code requesting that the court find the obligor
and the obligee in contempt pursuant to section 2705.02 of
the Revised Code
make reasonable assumptions with respect to the
information that was not provided, in accordance with section
3119.72 of the Revised Code.
Sec.
3119.61.
The child support enforcement agency shall review
an administrative child support order on the date established
pursuant to section 3119.60 of the Revised Code for formally
beginning the review of the order. If the agency determines
that a
modification an
adjustment is
necessary and in the
best interest of the child subject to the order, the agency shall
calculate the amount the obligor
shall pay in accordance with
section
3119.021
of the Revised Code
and may add or adjust payment
on arrearages in accordance with section 3123.21 of the Revised
Code.
The agency may not grant a deviation pursuant to section
3119.23 of the Revised Code from the guidelines set forth
in section 3119.021 of the Revised Code. If the agency can set
the child support the obligor is to pay without granting such
a deviation from the guidelines, the agency shall do the following:
(A)
Give the obligor and obligee notice,
by ordinary mail, of the revised amount of
child support to be paid under the administrative child support
order, of their right to request an administrative hearing on the
revised child support amount, of the procedures and time deadlines
for requesting the hearing, and that the agency will modify the
administrative child support order to include the revised child
support amount unless the obligor or obligee requests an
administrative hearing on the revised amount no later than thirty
fourteen
days after receipt
of
the notice under this division
is issued;
(B) If neither the obligor nor obligee timely requests an administrative hearing on the revised amount of child support, modify the administrative child support order to include the revised child support amount;
(C) If the obligor or obligee timely requests an administrative hearing on the revised amount of child support, do all of the following:
(1) Schedule a hearing on the issue;
(2) Give the obligor and obligee notice of the date, time, and location of the hearing;
(3) Conduct the hearing in accordance with the rules adopted under section 3119.76 of the Revised Code;
(4)
Redetermine at the hearing
a revised amount
of child support to
be paid obligations
under the administrative child support
order,
including adding or adjusting a payment on arrearages
in accordance with section 3123.21 of the Revised Code;
(5) Modify the order to include the revised amount of child support;
(6)
Give notice,
by ordinary mail,
to the obligor and obligee
of the amount of child support to be paid under the order
and that the obligor and obligee may object to the modified
order by initiating an action under section 2151.231 of the
Revised Code in the juvenile court or other court with jurisdiction
under section 2101.022 or 2301.03 of the Revised Code
of the county in which the
mother, the father, the child, or
the guardian or custodian of the child reside
agency that issued
the order is located.
Except as otherwise provided in section 3119.772 of the Revised Code, if the agency modifies an existing administrative child support order, the modification shall relate back to the first day of the month following the date certain on which the review began under section 3119.60 of the Revised Code.
If
the agency cannot set the amount of child support the obligor
will pay under the administrative child support order without
granting a deviation pursuant to section 3119.23 of the Revised
Code, the agency shall bring an action under section 2151.231
of the Revised Code on
behalf of the person who requested
that the agency review the existing administrative order
or, if no one requested the review, on behalf of the obligee,
in the juvenile court or other court
with jurisdiction under section 2101.022 or 2301.03 of the Revised
Code of the county in which the agency is located requesting that the
court issue a child support order.
Sec. 3119.63. The child support enforcement agency shall review a court child support order on the date established pursuant to section 3119.60 of the Revised Code for formally beginning the review of the order and shall do all of the following:
(A)
Calculate a revised amount
of child support to be paid child
support computation worksheet and issue a child
support recommendation
under the court child support order,
including adding
or adjusting a payment on arrearages in accordance with section
3123.21 of the Revised Code;
(B)
Give the obligor and obligee notice,
by ordinary mail, of the revised amount of
child support, of their right to request an administrative hearing on
the revised amount, of the procedures and time deadlines for
requesting the hearing, and that the revised amount of child support
will be submitted to the court for inclusion in a revised court child
support order unless the obligor or obligee requests an
administrative hearing on the proposed change within fourteen days
after receipt
of the notice under this division
is issued;
(C)
Give the obligor and obligee notice,
by ordinary mail, that if the court child
support order contains a deviation granted under section 3119.23 or
3119.24 of the Revised Code or if the obligor or obligee intends to
request a deviation from the child support amount to be paid under
the court child support order, the obligor and obligee have a right
to request a court hearing on the revised amount of child support
without first requesting an administrative hearing and that the
obligor or obligee, in order to exercise this right, must make the
request for a court hearing no later than fourteen days after receipt
of the notice
is issued;
(D) If neither the obligor nor the obligee timely requests, pursuant to division (C) of this section, an administrative or court hearing on the revised amount of child support, submit the revised amount of child support to the court for inclusion in a revised court child support order;
(E)
If the obligor or the obligee timely requests an administrative
hearing on the revised child support amount, schedule
a hearing on the issue, give the obligor and obligee notice
of the date, time, and location of the hearing, conduct the
hearing in accordance with the rules adopted under section 3119.76
of the Revised Code, redetermine
and
determine at
the hearing
a
revised amount
of child support
to
be paid obligations
under
the court child support order, and
including
adding or adjusting
a payment on arrearages in accordance with section 3123.21
of the Revised Code.
(F) If an agency determines revised support obligations under division (E) of this section, give notice to the obligor and obligee of the revised amount of child support, that they may request a court hearing on the revised amount within fourteen days after notice of the revised amount is issued, and that the agency will submit the revised amount of child support to the court for inclusion in a revised court child support order, if neither the obligor nor the obligee requests a court hearing on the revised amount of child support;
(F)
(G)
If neither the obligor nor the obligee
requests, pursuant to division (E)
(F)
of this section, a court hearing on the
revised amount of child support, submit the revised amount of child
support to the court for inclusion in a revised court child support
order.
Sec. 3119.631. Upon submission of a recommendation under section 3119.63 of the Revised Code for inclusion in a revised court child support order, the court shall only reconsider the allocation of the federal income tax deduction pursuant to section 3119.82 of the Revised Code if a party files a request for a hearing on the matter.
Sec.
3119.72.
(A)
If
either the
obligor or the obligee parent
fails
to comply with a request for information made pursuant
to section
3111.801 or division
(C) of section 3119.60 of
the Revised Code, one
of the following applies:
(A)
If the child support order being reviewed is a court child
support order, failure to comply with a request for information
is contempt of court, and the child
support enforcement agency shall
notify the court of the failure to comply
with the request for information. The agency may
request
do
either of the following:
(1)
Request the court of
appropriate jurisdiction of the county
in which the agency is located to issue an
order requiring
the
obligor or the obligee the
parent to provide the information as
requested
or take whatever action is necessary to obtain
the information and make ;
(2)
Make any reasonable assumptions necessary
with respect to the information the person
in contempt of court parent
did not provide to ensure a fair and
equitable review of the child support order
or establishment of an administrative order under section
3111.81 of the Revised Code.
(B)
If
the child support order being reviewed is an administrative
child support order, the agency may request that the
court of common pleas of the county in which the agency is located
issue an order requiring the obligor or obligee to comply
with the agency's request for information. The agency may request
that the order require the obligor or obligee to provide the
necessary information or permit the agency to take whatever action
is necessary to obtain the information and make any reasonable
assumptions necessary with respect to the information not
provided to ensure a fair and equitable review of the administrative
child support order. An obligor or obligee who fails
to comply with the court order is in contempt of court. If an
obligor or obligee is in contempt of court, the agency may request
the court to hold the person who failed to comply in contempt
or to permit the agency to take whatever action is necessary
to obtain information and make any reasonable assumptions
necessary with respect to the income of the person who
failed to comply with the request to ensure a fair and equitable
review of the administrative child support order.
If
the agency decides to conduct the review of the child support order,
or issue an administrative order, based on
reasonable assumptions with respect to the information the person
in
contempt of court parent
did not provide, it shall proceed under
section 3111.81,
3119.61,
or 3119.63 of the Revised Code in the same manner as if all requested
information has been received.
Sec. 3119.76. The director of job and family services shall adopt rules pursuant to Chapter 119. of the Revised Code establishing a procedure for determining when existing child support orders should be reviewed to determine whether it is necessary and in the best interest of the children who are the subject of the child support order to change the child support order. The rules shall include, but are not limited to, all of the following:
(A) Any procedures necessary to comply with section 666(a)(10) of Title 42 of the U.S. Code, "Family Support Act of 1988," 102 Stat. 2346, 42 U.S.C. 666(a)(10), as amended, and any regulations adopted pursuant to, or to enforce, that section;
(B) Procedures for determining what child support orders are to be subject to review upon the request of either the obligor or the obligee or periodically by the child support enforcement agency administering the child support order;
(C) Procedures for the child support enforcement agency to periodically review and to review, upon the request of the obligor or the obligee, any child support order that is subject to review to determine whether the amount of child support paid under the child support order should be adjusted in accordance with the basic child support schedule set forth in section 3119.021 of the Revised Code or whether the provisions for the child's health care needs under the child support order should be modified in accordance with sections 3119.29 to 3119.56 of the Revised Code;
(D)
Procedures for giving obligors and obligees notice of their
right to request a review of a child support order that is determined
to be subject to review, notice of any proposed revision
of the amount of child support to be paid under the child
support order, notice of the procedures for requesting a hearing
on any proposed revision of the amount of child support to
be paid under a child support order, notice of any administrative
hearing to be held on a proposed revision of the amount
of child support to be paid under a child support order, at
least forty-five
thirty
days'
prior notice of any review of their
child support order,
and notice that a failure to comply with
any request for documents or information to be used in the review
of a child support order is contempt of court;
(E) Procedures for obtaining the necessary documents and information necessary to review child support orders and for holding administrative hearings on a proposed revision of the amount of child support to be paid under a child support order;
(F) Procedures for adjusting child support orders in accordance with the basic child support schedule set forth in section 3119.021 of the Revised Code and the applicable worksheet in section 3119.022 or 3119.023 of the Revised Code, through the line establishing the actual annual obligation;
(G) Procedures for adjusting the provisions of the child support order governing the health care needs of the child pursuant to sections 3119.29 to 3119.56 of the Revised Code.
Sec. 3119.77. (A) As used in this section and sections 3119.771, 3119.772, and 3119.773 of the Revised Code:
(1) "Active military service" means the performance of active military duty by a member of the uniformed services for a period of more than thirty days.
(2) "Uniformed services" means any reserve components of the armed forces of the United States or the Ohio organized militia when engaged in full-time national guard duty for a period of more than thirty days.
(B) An obligor who is called to active military service in the uniformed services may request a review of a child support order for the purpose of modification of the amount of support required under the order. The request must be submitted to the child support enforcement agency administering the order.
(C) An obligor who makes a request under division (B) of this section must indicate that the reason for the modification is the obligor's active military service and provide with the request any orders or other appropriate documentation specifying the commencement date of the obligor's active military service and the monthly monetary compensation for that service. The obligor also shall submit documentation on all other outside income.
(D)
The obligor may provide the child support enforcement agency
with a military power of attorney executed pursuant to 10 U.S.C.
10446
1044b
designating
another individual to act in the administrative
review and modification on behalf of the obligor. By
designating another individual to so act on behalf of the obligor,
the obligor waives any right of an appearance and any right
to request a stay of the action or proceeding.
Sec.
3119.82.
Whenever
Except
when including a revised amount
of child support in a revised child support order as recommended
pursuant to section 3119.63 of the Revised Code, whenever
a
court issues, or whenever it
a
court modifies,
reviews,
or otherwise reconsiders a court child support order, it
or
upon the request of any party, the court shall
designate which
parent may claim the children who are the subject of the court
child support order as dependents for federal income tax purposes
as set forth in section 151 of the "Internal Revenue Code
of 1986," 100 Stat. 2085, 26 U.S.C. 1, as amended. If the
parties
agree on which parent should claim the children as dependents,
the court shall designate that parent as the parent who
may claim the children. If the parties do not agree, the court,
in its order, may permit the parent who is not the residential
parent and legal custodian to claim the children as dependents
for federal income tax purposes only if the court determines
that this furthers the best interest of the children and,
with respect to orders the court modifies, reviews, or reconsiders,
the payments for child support are substantially current
as ordered by the court for the year in which the children
will be claimed as dependents. In cases in which the parties
do not agree which parent may claim the children as dependents,
the court shall consider, in making its determination,
any net tax savings, the relative financial circumstances
and needs of the parents and children, the amount of
time the children spend with each parent, the eligibility of either
or both parents for the federal earned income tax credit or
other state or federal tax credit, and any other relevant factor
concerning the best interest of the children.
If the court determines that the parent who is not the residential parent and legal custodian may claim the children as dependents for federal income tax purposes, it shall order the residential parent to take whatever action is necessary pursuant to section 152 of the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C. 1, as amended, to enable the parent who is not the residential parent and legal custodian to claim the children as dependents for federal income tax purposes in accordance with the order of the court. Any willful failure of the residential parent to comply with the order of the court is contempt of court.
Sec.
3119.87. The parent who is the residential
parent and legal custodian of a child for whom a child support order
is issued or the person who otherwise has custody of a child for whom
a child support order is issued immediately shall notify, and the
obligor under a child support order may notify, the child support
enforcement agency administering the child support order of any
reason for which the child support order should terminate. Nothing
in this section shall preclude a person from notifying
the agency that a reason for which a child support order
should terminate is imminent. With
respect to a court child support order, a willful failure to notify
the child
support
enforcement agency as required
by this division is contempt of court.
Sec. 3119.88. (A) Reasons for which a child support order should terminate through the administrative process under section 3119.89 of the Revised Code include all of the following:
(A)
(1)
The child's
attainment of child
attains the age of majority if the child no
longer attends an accredited high school on a full-time basis and the
child support order requires support to continue past the age of
majority only if the child continuously attends such a high school
after attaining that age;
(B)
(2)
The child ceasing
ceases
to attend an accredited high school on a
full-time basis after attaining the age of majority, if the child
support order requires support to continue past the age of majority
only if the child continuously attends such a high school after
attaining that age;
(C)
(3)
A termination condition specified in the court child
support order has been met for a child who reaches nineteen
years of age;
(4) The child's death;
(D)
(5)
The child's marriage;
(E)
(6)
The child's emancipation;
(F)
(7)
The child's enlistment in the armed
services;
(G)
(8)
The child's deportation;
(H)
(9)
Change of legal custody of the child;
(10) The child's adoption;
(11) The obligor's death;
(12) The grandparent to whom support is being paid or a grandparent who is paying support reports that the grandparent's support order should terminate as a result of one of the events described in division (D) of section 3109.19 of the Revised Code;
(13) Marriage of the obligor under a child support order to the obligee, if the obligor and obligee reside together with the child.
(B) A child support order may be terminated by the court or child support enforcement agency for any reasons listed in division (A) of this section. A court may also terminate an order for any other appropriate reasons brought to the attention of the court, unless otherwise prohibited by law.
Sec. 3119.89. (A) Upon receipt of a notice pursuant to section 3119.87 of the Revised Code, the child support enforcement agency administering a child support order, within twenty days after receipt of the notice, shall complete an investigation if an application for services under Title IV-D of the "Social Security Act," 88 Stat. 2351 (1975), 42 U.S.C. 651, as amended has been completed and filed. The agency administering a child support order may conduct an investigation upon its own initiative if it otherwise has reason to believe that there may be a reason for which the order should terminate. Nothing in sections 3119.86 to 3119.94 of the Revised Code shall preclude the agency from initiating an investigation under this section before a reason for which the order should terminate has occurred. The agency's investigation shall determine the following:
(1) Whether any reason exists for which the order should terminate;
(2) Whether there are other children subject to the order;
(3) Whether the obligor owes any arrearages under the order;
(4) Whether the agency believes it is necessary to continue withholding or deduction pursuant to a notice or order described in section 3121.03 of the Revised Code for the other children or arrearages;
(5) Whether child support amounts paid pursuant to the order being investigated should be impounded because continuation of receipt and disbursement would lead to an overpayment by the obligor.
(B) If the agency, pursuant to the investigation under division (A) of this section, determines that other children are subject to the child support order and that it is necessary to continue withholding or deduction for the other children, the agency shall divide the child support due annually and per month under the order by the number of children who are the subject of the order and subtract the amount due for the child for whom the order should be terminated from the total child support amount due annually and per month. The resulting annual and per month child support amount shall be included in the results of the agency's investigation as the recommended child support amount due annually and monthly under a revised child support order. If arrearage amounts are owed, those amounts may be included as part of the recommended child support amount. The investigation under division (A) of this section shall not include a review pursuant to sections 3119.60 to 3119.76 of the Revised Code of any other children subject to the child support order.
Sec. 3119.90. (A) If, pursuant to an investigation conducted under section 3119.89 of the Revised Code, the child support enforcement agency determines both that a child support order should terminate and that child support amounts paid pursuant to the order should be impounded because continuation of receipt and disbursement would lead to an overpayment by the obligor, the agency shall do the following:
(1) With respect to a court child support order, immediately notify the court that issued the order of the results of its investigation and submit to the court an order impounding any funds received for the child pursuant to the court child support order that was under investigation;
(2) With respect to an administrative child support order, issue an administrative order impounding any funds received for the child pursuant to the administrative child support order that was under investigation.
(B) A child support enforcement agency that conducts an investigation of a child support order shall give the obligor and obligee under the order notice of the results of its investigation and a copy of any court or administrative impound order issued pursuant to division (A) of this section. The obligor and obligee also shall be given all of the following:
(1) Notice of their right to request an administrative hearing regarding any conclusions of the investigation;
(2) Notice of the procedures and time deadlines for requesting the hearing;
(3)(a) Notice that the conclusions of the investigations will be issued as an administrative order by the agency if the underlying order is an administrative child support order;
(b) Notice that the conclusions of the investigations will be submitted to the court for inclusion into a revised or terminated court child support order with no further court hearing if the underlying order is a court child support order.
(4)
Notice that no revised administrative or court child support order
will be issued if either the obligor or obligee requests an
administrative hearing on the investigation conclusions within thirty
fourteen
days after receipt
of the notice is
issued under this division.
Sec.
3119.91.
If an obligor or obligee under a child support
order timely requests an administrative hearing pursuant to
section 3119.90 of the Revised Code, the child support enforcement
agency shall schedule a hearing on the issue, give the
parties notice of the date, time, and location of the hearing,
and conduct the hearing. On completion of the hearing, the
child support enforcement agency shall issue a decision. The decision
shall include a notice stating that the obligor or obligee
may object to the decision by filing a motion within thirty
fourteen
days
after the issuance of the decision in one of
the following courts requesting a determination as to whether the
order should be terminated or whether any other appropriate
determination
regarding the order should be made:
(A) With respect to a court child support order, in the court that issued the order or that otherwise has jurisdiction over the order;
(B) With respect to an administrative child support order, the juvenile court or other court with jurisdiction under section 2101.022 or 2301.03 of the Revised Code of the county in which the agency that issued the order is located.
The
notice shall also state that if neither the obligor nor the obligee
files the motion within the thirty-day
fourteen-day
period, the administrative hearing decision
is final and will be filed with the court or in the administrative
case file.
Sec.
3119.92.
If the obligor, the obligee, or both file a motion
as described in section 3119.91 of the Revised Code within
the thirty-day
fourteen-day
period,
the court shall set the
case for a hearing for a determination as to whether the support
order should be terminated or whether the court should take
any other appropriate action. On the filing of the motion, the
court shall issue an order directing that the impoundment order
issued by the child support enforcement agency regarding support
amounts received for the child remain in effect while the
motion is pending. If neither the obligor nor the obligee files
a motion as described in section 3119.91 of the Revised Code
within the thirty-day
fourteen-day
period,
the administrative
hearing decision is final and will be filed with the
court or in the administrative case file.
Sec. 3121.01. As used in this chapter:
(A)
"Court
Administrative
child support order," "child
support
order," "court child support order," "court
support order," and
"obligee,"
"obligor," "personal
earnings,"
and
"support
order" have the same meanings as in
section 3119.01 of the Revised Code.
(B) "Default" means any failure to pay under a support order that is an amount greater than or equal to the amount of support payable under the support order for one month.
(C) "Financial institution" means a bank, savings and loan association, or credit union, or a regulated investment company or mutual fund.
(D) "Income" means any form of monetary payment, including personal earnings; workers' compensation payments; unemployment compensation benefits to the extent permitted by, and in accordance with, sections 3121.07 and 4141.284 of the Revised Code, and federal law governing the department of job and family services; pensions; annuities; allowances; private or governmental retirement benefits; disability or sick pay; insurance proceeds; lottery prize awards; federal, state, or local government benefits to the extent that the benefits can be withheld or deducted under the law governing the benefits; any form of trust fund or endowment; lump sum payments, including a one-time pay supplement of one hundred fifty dollars or more paid under section 124.183 of the Revised Code; and any other payment in money.
(E) "Payor" means any person or entity that pays or distributes income to an obligor, including an obligor if the obligor is self-employed; an employer; an employer paying an obligor's workers' compensation benefits; the public employees retirement board; the governing entity of a municipal retirement system; the board of trustees of the Ohio police and fire pension fund; the state teachers retirement board; the school employees retirement board; the state highway patrol retirement board; a provider, as defined in section 3305.01 of the Revised Code; the bureau of workers' compensation; or any other person or entity other than the department of job and family services with respect to unemployment compensation benefits paid pursuant to Chapter 4141. of the Revised Code.
Sec. 3121.02. In any action in which a support order is issued or modified, one of the following shall apply, as appropriate, to ensure that withholding or deduction from the income or assets of the obligor is available from the commencement of the support order for the collection of the support and any arrearages that occur:
(A) The court, with respect to a court support order, or the child support enforcement agency, with respect to an administrative child support order, shall require the withholding or deduction of income or assets of the obligor under section 3121.03 of the Revised Code.
(B)
The court, with respect to a court support order, shall
issue another type of court order under division (C) or (D)
of section 3121.03 of the Revised Code
or ,
section
3121.04, 3121.05,
or
3121.06,
or division
(C) of section 3121.12
of the Revised
Code.
(C)
The agency, with respect to an administrative child support
order, shall issue
an administrative order, or request
that
the court issue a court order,
under division (C) or (D) of section
3121.03 of the Revised Code
or section 3121.12 of the Revised
Code.
Sec. 3121.035. Within fifteen days after an obligor under a support order is located following issuance or modification of the support order, the court or child support enforcement agency that issued or modified the support order, or the agency, pursuant to an agreement with the court with respect to a court support order, shall do either of the following:
(A)
If a withholding or deduction notice described in section
3121.03 of the Revised Code is appropriate, send the notice
by regular
ordinary
mail
or via
secure federally managed data
transmission interface electronic
means to
each person required
to comply with it;
(B) If an order described in section 3121.03, 3121.04 to 3121.08, or 3121.12 of the Revised Code is appropriate, issue and send the appropriate order.
Sec.
3121.12.
(A) On receipt of a notice that a lump sum payment
of one hundred fifty dollars or more is to be paid to the
obligor, the court,
with respect to a court support order, or
the child
support enforcement agency,
with respect to an administrative
child support order,
shall
do either of the following:
(1) If the obligor is in default under the support order or has any arrearages under the support order, issue an administrative order requiring the transmittal of the lump sum payment, or any portion of the lump sum payment sufficient to pay the arrearage in full, to the office of child support;
(2)
If the obligor is not in default under the support order and does not
have any arrearages under the support order, issue an administrative
order directing
the person who gave the notice
to the court or agency to immediately pay requiring
the immediate
release of the full amount of the lump sum
payment to the obligor.
(B)
Any moneys received by the office of child support pursuant to
division
(A) of this section shall be
distributed in accordance with rules adopted under section 3121.71 of
the Revised Code.
(C)
A
court that issued an order In
the case of a notice of
a lump sum payment made in accordance with a support order issued
prior
to January 1, 1998, requiring an employer to withhold
an amount from an obligor's personal earnings for the payment
of support,
the agency that receives notification of the lump
sum payment from the payor shall notify the court that issued
the order, and the court
shall issue a supplemental order that
does not change the original order or the related support order
requiring the employer to do all of the following:
(1)
No later than the earlier of forty-five days before a lump
sum payment is to be made or, if the obligor's right to a lump
sum payment is determined less than forty-five days before it
is to be made, the date on which that determination is made, notify
the child
support enforcement agency
of any lump sum payment
of any kind of one hundred fifty dollars or more that is to
be paid to the obligor;
(2) Hold the lump sum payment for thirty days after the date on which it would otherwise be paid to the obligor;
(3) On order of the court, pay any specified amount of the lump sum payment to the office of child support.
(D)
An
employer A
payor that knowingly fails to notify the
child
support enforcement agency in
accordance with this section or section 3121.03 of the Revised Code
of any lump sum payment to be made to an obligor is liable for any
support payment not made to the obligee as a result of its knowing
failure to give the notice.
Sec. 3121.29. Each support order, or modification of a support order, shall contain a notice that states the following in boldface type and in all capital letters:
"EACH PARTY TO THIS SUPPORT ORDER MUST NOTIFY THE CHILD SUPPORT ENFORCEMENT AGENCY IN WRITING OF HIS OR HER CURRENT MAILING ADDRESS, CURRENT RESIDENCE ADDRESS, CURRENT RESIDENCE TELEPHONE NUMBER, CURRENT DRIVER'S LICENSE NUMBER, AND OF ANY CHANGES IN THAT INFORMATION. EACH PARTY MUST NOTIFY THE AGENCY OF ALL CHANGES UNTIL FURTHER NOTICE FROM THE COURT OR AGENCY, WHICHEVER ISSUED THE SUPPORT ORDER.
IF YOU ARE THE OBLIGOR UNDER A CHILD SUPPORT ORDER AND YOU FAIL TO MAKE THE REQUIRED NOTIFICATIONS, YOU MAY BE FINED UP TO $50 FOR A FIRST OFFENSE, $100 FOR A SECOND OFFENSE, AND $500 FOR EACH SUBSEQUENT OFFENSE. IF YOU ARE AN OBLIGOR OR OBLIGEE UNDER ANY SUPPORT ORDER ISSUED BY A COURT AND YOU WILLFULLY FAIL TO GIVE THE REQUIRED NOTICES, YOU MAY BE FOUND IN CONTEMPT OF COURT AND BE SUBJECTED TO FINES UP TO $1,000 AND IMPRISONMENT FOR NOT MORE THAN 90 DAYS.
IF YOU ARE AN OBLIGOR OR OBLIGEE AND YOU FAIL TO GIVE THE REQUIRED NOTICES TO THE CHILD SUPPORT ENFORCEMENT AGENCY, YOU MAY NOT RECEIVE NOTICE OF THE CHANGES AND REQUESTS TO CHANGE THE CHILD SUPPORT AMOUNT, HEALTH CARE PROVISIONS, OR TERMINATION OF THE CHILD SUPPORT ORDER. IF YOU ARE AN OBLIGOR AND YOU FAIL TO GIVE THE REQUIRED NOTICES, YOU MAY NOT RECEIVE NOTICE OF THE FOLLOWING ENFORCEMENT ACTIONS AGAINST YOU: IMPOSITION OF LIENS AGAINST YOUR PROPERTY; LOSS OF YOUR PROFESSIONAL OR OCCUPATIONAL LICENSE, DRIVER'S LICENSE, OR RECREATIONAL LICENSE; WITHHOLDING FROM YOUR INCOME; ACCESS RESTRICTION AND DEDUCTION FROM YOUR ACCOUNTS IN FINANCIAL INSTITUTIONS; AND ANY OTHER ACTION PERMITTED BY LAW TO OBTAIN MONEY FROM YOU TO SATISFY YOUR SUPPORT OBLIGATION."
Sec.
3121.33.
The withholding or deduction notices
and ,
other
orders issued under sections 3121.03,
and
3121.04 to 3121.06
of the Revised Code,
and
administrative
orders issued under
section 3121.12
of the Revised Code, and the notices that require
the obligor to notify the child support enforcement agency
administering the support order of any change in the obligor's
employment status or of any other change in the status of
the obligor's assets, are final and enforceable by the court.
Sec.
3121.34.
A person required to comply with withholding or
deduction notices described in section 3121.03 of the Revised Code
shall determine the manner of withholding or deducting from the
specific requirement included in the notices without the need
for any amendment to the support order, and a person required
to comply with an order described in sections 3121.03,
and
3121.04 to 3121.06
of the Revised Code,
and
or
an administrative
order issued under section 3121.12
of the Revised Code
shall comply without the need for any amendment to the support
order.
Sec. 3123.031. The default notice shall contain all of the following:
(A)
The date on which it is
sent
issued;
(B) A statement that the obligor is in default under a support order;
(C)
The amount of arrearages the obligor owes due to the default
as of the date the default notice is sentissued;
(D)
A statement that any arrearages owed by the obligor that
arise after the default notice is sent
issued
and
during the
period of default will be added to the obligor's total child support
obligation and will be subject to collection efforts without
further default notice;
(E) A statement of the types of withholding or deduction requirements and related notices described in section 3121.03 of the Revised Code or the types of court orders described in sections 3121.03, 3121.04 to 3121.08, and 3121.12 of the Revised Code that will be issued for payment of support and arrearages and the amount that will be withheld or deducted pursuant to those requirements;
(F) A statement that any notice for the withholding or deduction of an amount from income or assets applies to all current and subsequent payors of the obligor and financial institutions in which the obligor has an account and that any withholding or deduction requirement and related notice described in section 3121.03 of the Revised Code or any court order described in sections 3121.03, 3121.04 to 3121.08, and 3121.12 of the Revised Code that is issued will not be discontinued solely because the obligor pays arrearages;
(G)
A statement that the obligor may file with the child support
enforcement agency, within seven
business fourteen
days
after
the date on which the default notice is
sent
issued,
a written
request for an administrative hearing under section 3123.04
of the Revised Code;
(H)
A statement that, if the obligor files a timely written
request for an administrative hearing, the obligor may file
with the court, within seven
business fourteen
days
after the
agency makes its determinations under the administrative hearing,
a written motion for a court hearing under section 3123.05
of the Revised Code;
(I) An explanation of the administrative and court action that will take place if the obligor files a timely written request or motion for an administrative or court hearing;
(J) An explanation of how a final and enforceable determination of default and amount of arrearages is made under sections 3123.032, 3123.04, and 3123.05 of the Revised Code;
(K)
A statement that a withholding notice may be issued in accordance
with section 3123.021 of the Revised Code if the child
support enforcement agency determines
the obligor has obtained employment and an explanation of the
provisions of section 3123.022 of the Revised Code.
Sec.
3123.04.
An obligor who receives a default notice under
section 3123.03 of the Revised Code may file a written request
for an administrative hearing with the child support enforcement
agency that identified the default regarding whether a
mistake of fact was made in the notice. The request must be filed
not later than seven
business fourteen
days
after the date on
which the default notice is
sent
issued.
If the obligor makes a timely request for a hearing, the agency shall conduct an administrative hearing no later than ten days after the date on which the obligor files the request for the hearing. No later than five days before the date on which the hearing is to be conducted, the agency shall send the obligor and the obligee written notice of the date, time, place, and purpose of the hearing. The notice to the obligor and obligee also shall indicate that the obligor may present testimony and evidence at the hearing only in regard to the issue of whether a mistake of fact was made in the default notice.
At
the hearing, the child
support enforcement agency
shall determine
whether a mistake of fact was made in the default notice.
The agency shall send its determinations to the obligor. The
agency's determinations are final and are enforceable by the court
unless, within seven
business fourteen
days
after the agency
makes
issues
its
determinations, the obligor files a written
motion with the court for a court hearing to determine whether
a mistake of fact still exists in the default notice.
If an agency's determination becomes final and enforceable under this section, the agency shall take further action as required under section 3123.06 of the Revised Code.
Sec.
3123.05.
If, not later than seven
business fourteen
days
after the child support enforcement agency makes
issues
its
determinations
under section 3123.04 of the Revised Code, the obligor
files a written motion for a court hearing to determine whether
a mistake of fact still exists in the default notice, the
court shall hold a hearing as soon as possible, but not later
than ten days, after the motion is filed. Not later than five
days before the date on which the court hearing is to be held,
the court shall send the obligor and the obligee written notice
by regular
ordinary
mail
of the date, time, place, and purpose
of the court hearing. The hearing shall be limited to a determination
of whether there is a mistake of fact in the default
notice.
At the hearing, the court shall determine whether there is a mistake of fact in the default notice. On the conclusion of the hearing, the court shall make its determination. The determination is final and enforceable. The court shall take further action as provided in section 3123.06 of the Revised Code.
Sec. 3123.06. (A) If either a court, under section 3123.05 of the Revised Code, or child support enforcement agency, under section 3123.032 or 3123.04 of the Revised Code, makes a final and enforceable determination that an obligor is in default under a support order, one of the following shall apply:
(1) If no withholding notice was issued in accordance with section 3123.021 of the Revised Code with respect to the order, the court or agency shall issue one or more notices requiring withholding or deduction of income or assets of the obligor in accordance with section 3121.03 of the Revised Code, or the court shall issue one or more court orders imposing other appropriate requirements in accordance with sections 3121.03, 3121.035, and 3121.04 to 3121.08, and division (C) of section 3121.12 of the Revised Code.
(2) If a withholding notice was issued in accordance with section 3123.021 of the Revised Code with respect to the order and the final and enforceable determination of default altered the arrearage amount stated in the default notice, the court or agency, whichever made the determination, shall revise the withholding notice and may issue, as appropriate, any of the notices or orders described in division (A)(1) of this section.
(3) If a withholding notice was issued in accordance with section 3123.021 of the Revised Code with respect to the order but the final and enforceable determination of default did not alter the arrearage amount stated in the default notice, the withholding notice shall remain in effect. The court or agency, in addition and as appropriate, may issue any other notice or order described in division (A)(1) of this section.
(B) If a court, under section 3123.05 of the Revised Code, or an agency, under section 3123.04 of the Revised Code, determines that no default exists under a support order, the court or agency shall terminate the default proceedings. If a withholding notice was issued in accordance with section 3123.021 of the Revised Code with respect to the order, the court or agency, whichever made the final and enforceable determination, shall revise the withholding notice, and may issue, as appropriate, any of the notices or orders described in division (A)(1) of this section, to collect current support.
(C) A withholding or deduction notice issued under division (A)(1), (2), or (3) of this section shall require the payment of arrearages caused by the default along with any payment for current support. A withholding or deduction notice or other appropriate order described under this section shall be issued not later than fifteen days after the determination of default under the support order becomes final and enforceable. Section 3123.21 of the Revised Code applies to a withholding or deduction notice or other appropriate order described under division (A) of this section beginning on the date it is issued and ending on the date the period of default ends.
Sec.
3123.14.
If a child support order is terminated for any
reason, the obligor under the child support order is or was at
any time in default under the support order and, after the
termination
of the order, the obligor owes an arrearage under the
order, the obligee may make application to the child support
enforcement
agency that administered the child support order prior
to its termination or had authority to administer the child
support order to maintain any administrative
or judicial action
or proceeding to
enforce the order on
behalf of the obligee
to obtain a
judgment, execution of a judgment through any
available procedure, an order, or other relief.
If a withholding
or deduction notice is issued pursuant to section 3121.03
of the Revised Code to collect an arrearage, the amount withheld
or deducted from the obligor's personal earnings, income,
or accounts shall be at least equal to the amount that was
withheld or deducted under the terminated child support order.
Sec. 3123.25. (A) If, as a result of information obtained pursuant to an agreement under section 3121.74 of the Revised Code, the office of child support in the department of job and family services finds or receives notice that identifies an obligor in default who maintains an account with a financial institution, the office shall, within one business day, enter the information into the case registry established pursuant to section 3121.81 of the Revised Code.
(B)
If a child support enforcement agency,
after examining the
case registry
upon notice or discovery of an account,
determines
that an obligor in default under a support order administered
by the agency maintains an account in a financial institution,
the agency shall determine whether the obligor is subject
to a final and enforceable determination of default made under
sections 3123.01 to 3123.07 of the Revised Code. If the obligor
is subject to a final and enforceable determination of default,
the agency may issue an access restriction notice to the
financial institution in which the obligor's account is maintained.
Sec.
3123.27.
The child support enforcement agency shall,
no
later than five business days after information is entered into
the case registry under section 3123.25 of the Revised Code,
may
investigate
and determine the amount of funds in the account
that is available to satisfy the obligor's arrearages under
a support order. The financial institution shall cooperate with
the agency's investigation.
Sec. 3123.30. The notice sent under section 3123.29 of the Revised Code shall contain both of the following:
(A) A statement of the date the notice is sent, that another of the account holders is an obligor under a support order, the name of the obligor, that the support order is in default, the amount of the arrearage owed by the obligor as determined by the court or child support enforcement agency, the amount that will be withdrawn, the type of account from which the amount will be withdrawn, and the name of the financial institution from which the amount will be withdrawn;
(B)
A statement that the person may object to the withdrawal
by filing with the agency, no later than ten
fourteen
days
after the date on which the notice is
sent
issued,
a written
request for an administrative hearing to determine whether
any amount contained in the account is the property of the
person to whom the notice is sent and should not be subject to
the withdrawal directive.
Sec.
3123.31.
The person to whom notice is sent under section
3123.29 of the Revised Code shall have ten
fourteen
days
from
the date the notice is sent
issued
to
object to the withdrawal
by filing with the child support enforcement agency that
sent the notice a written request for an administrative hearing
to determine whether any amount contained in the account is
the property of that person and should not be subject to the
withdrawal
directive.
Sec.
3123.34.
If a child support enforcement agency determines
that the total amount in an account is the property of
a person who is not the obligor from whom payment is sought, it
shall order the financial institution to release the access
restriction
on the account and shall take no further enforcement action
on the account. A copy of this notice shall be sent to the
obligor. If the agency determines that some of the funds in the
account are the property of the person, it shall order the financial
institution to release the access restriction on the account
in that amount and shall take no further enforcement action
on those funds. A copy of this notice shall be sent to the
obligor. The agency shall issue a withdrawal directive pursuant
to section 3123.37 of the Revised Code for the remaining
funds unless, no later than ten
fourteen
days
after the
agency makes
issues
its
determination, the person files a written
motion with the court of common pleas of the county served
by the child
support enforcement agency
for a hearing to determine
whether any amount contained in the account is the property
of the person.
Sec.
3123.35.
If the person described in section 3123.34 of
the Revised Code files a timely motion with the court
that issued
the child support order or that is located in the county where
the child support enforcement agency issued the order,
the court
shall hold a hearing on the request no later than ten
fourteen
days
after the request is filed. The
person who filed the
motion shall be considered a temporary party only for the purposes
of objecting to the determination made pursuant to section
3123.33 of the Revised Code. No
later than five days before
the date on which the hearing is to be held, the court shall
send the person written notice by ordinary mail of the date,
time, place, and purpose of the hearing. The hearing shall be
limited to a determination of how much, if any, of the amount
contained
in the account is the property of the person.
Sec. 3123.72. A child support enforcement agency shall file a notice requesting that the county recorder discharge the lien if one of the following applies:
(A) The lien is satisfied through an action pursuant to section 3123.74 of the Revised Code.
(B)
The obligor makes full payment of the arrearage to the office of
child support in the department of job and family services or,
pursuant to sections 3125.27 to 3125.30 of the Revised Code, to the
child
support enforcement agency that is the
basis of the lien.
(C)
An
appropriate withholding or deduction notice or other
appropriate order described in section 3121.03, 3121.04, 3121.05,
3121.06, or 3121.12 of the Revised Code has been issued to
collect current support and any arrearage due under the support
order that was in default, and the obligor is complying with
the notice or order.
(D)
A new support order has been issued or the support order
that was in default has been modified to collect current support
and any arrearage due under the support order that was in
default, and the obligor is complying with the new or modified
support order.
(E)
The agency releases the lien pursuant
to section 3123.76 of the Revised Code.
Sec. 3123.821. The office of child support created in the department of job and family services under section 3125.02 of the Revised Code shall work with the tax commissioner to collect the following:
(A)
Overdue child
support
from refunds of paid state income
taxes under Chapter 5747. of the Revised Code that are payable
to obligors;
(B) Overpaid child support from refunds of paid state income taxes under Chapter 5747. of the Revised Code that are payable to obligees.
Sec.
3123.822.
No overdue or overpaid child
support
shall be
collected from refunds of paid
state
income taxes paid
by an obligor
or obligee unless
all of the following conditions are met:
(A) Any reduction authorized by section 5747.12 of the Revised Code has first been made, except as otherwise provided in this section.
(B) The refund payable to the obligor or obligee is not less than twenty-five dollars after any reduction pursuant to section 5747.12 of the Revised Code.
(C) Either of the following applies:
(1)
With respect to overdue child
support, the obligor is
not
less than maintains
an arrearage in the payment of support for
three months in
arrears in the obligor's payment of child support,
and the amount of the total
arrearage during
each of the
three months is not
less than at
least one hundred fifty dollars;
(2) With respect to overpaid child support, the amount overpaid is not less than one hundred fifty dollars.
Overdue support or overpaid child support shall be collected from such refunds before any part of the refund is used as a contribution pursuant to section 5747.113 of the Revised Code. Overdue support or overpaid child support shall be collected from such refunds before the refund or any part of the refund is credited against tax due in any subsequent year pursuant to section 5747.12 of the Revised Code, notwithstanding the consent of the obligor or obligee for such crediting.
Section 2. That existing sections 3111.29, 3111.38, 3111.46, 3111.49, 3111.78, 3111.80, 3111.81, 3111.84, 3119.06, 3119.30, 3119.38, 3119.43, 3119.60, 3119.61, 3119.63, 3119.72, 3119.76, 3119.77, 3119.82, 3119.87, 3119.88, 3119.89, 3119.90, 3119.91, 3119.92, 3121.01, 3121.02, 3121.035, 3121.12, 3121.29, 3121.33, 3121.34, 3123.031, 3123.04, 3123.05, 3123.06, 3123.14, 3123.25, 3123.27, 3123.30, 3123.31, 3123.34, 3123.35, 3123.72, 3123.821, and 3123.822 and section 3121.11 of the Revised Code are hereby repealed.
Section 3. Sections 1 and 2 of this act take effect nine months after the effective date of this act. During that nine- month period, the Ohio Department of Job and Family Services shall perform necessary automated system changes and may organize and oversee the statewide training of local child support enforcement agencies, lawyers who practice in child support, and judges who preside over child support cases.