reglab/statecodes huggingface dataset:
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3121 | Collection and Disbursement of Child Support › Section 3121.38 | Liability of Payor or Financial Institution.

Effective:
May 18, 2005
Latest Legislation:
House Bill 493 - 125th General Assembly
A payor that fails to withhold an amount from an obligor's income for support in accordance with a withholding requirement included in a withholding notice issued under section 3121.03 of the Revised Code or a financial institution that fails to deduct funds from an obligor's account for support in accordance with a deduction requirement included in a deduction notice issued under section 3121.03 of the Revised Code is liable for the amount that was not withheld or deducted, except that a payor that is an employer whose normal pay and disbursement cycles make it impossible to comply with a withholding requirement contained in a withholding notice shall not be liable for the amount not withheld if the employer, as soon as possible after receipt of the withholding notice, provides the court or child support enforcement agency that issued the notice with written notice of the impossibility and the reasons for the impossibility.
A payor who is liable under this provision for an amount that was not withheld shall be ordered by the court to pay that amount to the office of child support in the department of job and family services, to be disbursed in accordance with the support order for the benefit of the child or spouse.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3121 | Collection and Disbursement of Child Support › Section 3121.381 | Fining Noncomplying Payor or Financial Institution.

Effective:
March 22, 2001
Latest Legislation:
Senate Bill 180 - 123rd General Assembly
A court may fine a payor not more than two hundred dollars for failure to withhold income, as required under a withholding notice issued under section 3121.03 of the Revised Code, under a court support order or to notify the court or child support enforcement agency administering the court support order that a situation has occurred causing the payor to cease paying income in an amount sufficient to comply with the order to the obligor, or, in cases in which the obligor is an employer, the obligor is receiving or is eligible to receive a benefit of employment other than personal earnings.
The court may fine a financial institution not more than two hundred dollars for failure to deduct funds, as required by a deduction notice issued under section 3121.03 of the Revised Code, from an account under a court support order or to notify the court or child support enforcement agency administering the court support order of the termination of an account from which funds are being deducted or of the opening of a new account.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3121 | Collection and Disbursement of Child Support › Section 3121.382 | Issuing Order Upon Finding of Willful Failure to Comply With Withholding Notice.

Effective:
May 18, 2005
Latest Legislation:
House Bill 493 - 125th General Assembly
(A) As used in this section, "willfully" means voluntarily and intentionally with a specific intent to take an action or fail to take an action.
(B) If, after a hearing conducted pursuant to section 3121.373 of the Revised Code, the court determines that a payor that is an employer has willfully failed to comply with a withholding notice issued pursuant to section 3121.03 of the Revised Code, or has failed three times within twelve consecutive months to comply with a withholding notice, the court may issue an order requiring one or both of the following:
(1) The payment of support by electronic transfer of funds from the bank account of the payor;
(2) A civil penalty, in addition to any other penalty permitted by law, of up to fifty per cent of the amount not withheld from the obligor's income or not timely forwarded to the office of child support in accordance with the withholding notice.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3121 | Collection and Disbursement of Child Support › Section 3121.39 | Employer Not to Take Adverse Action Against Employee Subject to Child Support Withholding.

Effective:
March 22, 2001
Latest Legislation:
Senate Bill 180 - 123rd General Assembly
No payor that is an employer may use a requirement to withhold personal earnings contained in a withholding notice issued under section 3121.03 of the Revised Code as a basis for a discharge of, or for any disciplinary action against, an employee, or as a basis for a refusal to employ a person.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3121 | Collection and Disbursement of Child Support › Section 3121.43 | Duties of Office of Child Support.

Effective:
March 22, 2001
Latest Legislation:
Senate Bill 180 - 123rd General Assembly
Except as provided in sections 3125.27 to 3125.30 of the Revised Code, the office of child support in the department of job and family services shall be the sole agency of the state responsible for the collection of all support payments due under support orders and the disbursement of the payments to obligees. The office shall make collections and disbursements in compliance with section 5107.20 of the Revised Code and rules adopted pursuant to section 3121.71 of the Revised Code.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3121 | Collection and Disbursement of Child Support › Section 3121.44 | Support Payments to Be Made to Office of Child Support.

Effective:
March 22, 2001
Latest Legislation:
Senate Bill 180 - 123rd General Assembly
On issuing or modifying a support order, issuing any withholding or deduction notice described in section 3121.03 of the Revised Code, or issuing an order described in division (C) or (D) of that section, the court or child support enforcement agency shall require that support payments be made to the office of child support in the department of job and family services as trustee for remittance to the person entitled to receive payments, except as otherwise provided in sections 2151.49, 3113.07, and 3125.27 to 3125.30 of the Revised Code.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3121 | Collection and Disbursement of Child Support › Section 3121.441 | Direct Spousal Support Payments.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
(A) Notwithstanding the provisions of this chapter, Chapters 3119., 3123., and 3125., and sections 3770.071 and 5107.20 of the Revised Code providing for the office of child support in the department of job and family services to collect, withhold, or deduct spousal support, when a court pursuant to section 3105.18 or 3105.65 of the Revised Code issues or modifies an order requiring an obligor to pay spousal support or grants or modifies a decree of dissolution of marriage incorporating a separation agreement that provides for spousal support, or at any time after the issuance, granting, or modification of an order or decree of that type, the court may permit the obligor to make the spousal support payments directly to the obligee instead of to the office if the obligee and the obligor have no minor children born as a result of their marriage and the obligee has not assigned the spousal support amounts to the department pursuant to section 5107.20 or 5160.38 of the Revised Code.
(B) A court that permits an obligor to make spousal support payments directly to the obligee pursuant to division (A) of this section shall order the obligor to make the spousal support payments as a check, as a money order, or in any other form that establishes a clear record of payment.
(C) If a court permits an obligor to make spousal support payments directly to an obligee pursuant to division (A) of this section and the obligor is in default in making any spousal support payment to the obligee, the court, upon motion of the obligee or on its own motion, may rescind the permission granted under that division. After the rescission, the court shall determine the amount of arrearages in the spousal support payments and order the obligor to make to the office of child support in the department of job and family services any spousal support payments that are in arrears and any future spousal support payments. Upon the issuance of the order of the court under this division, the provisions of this chapter, Chapters 3119., 3123., and 3125., and sections 3770.071 and 5107.20 of the Revised Code apply with respect to the collection, withholding, or deduction of the obligor's spousal support payments that are the subject of that order of the court.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3121 | Collection and Disbursement of Child Support › Section 3121.45 | Payments Deemed to Be Gifts.

Effective:
March 22, 2001
Latest Legislation:
Senate Bill 180 - 123rd General Assembly
Any payment of money by the person responsible for the support payments under a support order to the person entitled to receive the support payments that is not made to the office of child support, or to the child support enforcement agency administering the support order under sections 3125.27 to 3125.30 of the Revised Code, shall not be considered a payment of support under the support order and, unless the payment is made to discharge an obligation other than support, shall be deemed to be a gift.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3121 | Collection and Disbursement of Child Support › Section 3121.46 | [Repealed Effective 4/3/2024 by h.b. 33, 135th General Assembly] Order for Payments to Third Person.

Effective:
March 22, 2001
Latest Legislation:
Senate Bill 180 - 123rd General Assembly
(A) When a support order is issued or modified, a withholding or deduction notice described in section 3121.03 of the Revised Code is issued, or an order described in division (C) or (D) of section 3121.03 of the Revised Code is issued, or at any time after the support order is issued or modified, the court may order the office of child support, or the child support enforcement agency may issue an order requiring the office, to transmit the payments or make them payable to any third person that is either agreed upon by the parties and approved by the court or appointed by the court, with respect to a support order, or is either agreed upon by the parties and approved by the agency or appointed by the agency, with respect to an administrative child support order. Third persons include, but are not limited to, a trustee, a custodian, the guardian of the estate of the child, the county department of job and family services, public children services agency, or any appropriate social agency.
(B) Any person named pursuant to this section is entitled to receive the support payments. The court may allow the person to receive a reasonable fee for services rendered pursuant to this section. The person shall make financial reports in connection with these services at the time and in the manner prescribed by the court or as required by law.
Last updated September 29, 2023 at 3:49 PM
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3121 | Collection and Disbursement of Child Support › Section 3121.47 | Application to Child Support Enforcement Agency for Administration of Order.

Effective:
March 22, 2001
Latest Legislation:
Senate Bill 180 - 123rd General Assembly
Any person entitled to receive support payments either personally or on behalf of another person, by reason of any support order that does not direct that payments be made to the office of child support, may apply to the appropriate child support enforcement agency for the administration of the order. On receipt of the application, the agency has authority to administer the order. The agency shall notify the obligor by any method of service authorized under the Civil Rules to make all support payments due after service of the notice on the obligor to the office. An obligor so notified by an agency shall make all subsequent payments to the office unless the court, on the obligor's application filed within thirty days after service of the notice on the obligor, orders the child support enforcement agency not to administer the support order.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3121 | Collection and Disbursement of Child Support › Section 3121.48 | Separate Account for Support Payments Received as Trustee.

Effective:
September 29, 2011
Latest Legislation:
House Bill 153 - 129th General Assembly
The office of child support shall administer a fund for the deposit of support payments it receives as trustee for remittance to the persons entitled to receive the support payments. The fund shall be in the custody of the treasurer of state, but shall not be part of the state treasury.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3121 | Collection and Disbursement of Child Support › Section 3121.49 | Retention of Interest.

Effective:
March 22, 2001
Latest Legislation:
Senate Bill 180 - 123rd General Assembly
The office of child support shall retain, and use solely for support enforcement activities, all interest earned on moneys in any support payment account it maintains.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3121 | Collection and Disbursement of Child Support › Section 3121.50 | Distributing Amount Forwarded to Obligee.

Effective:
October 1, 2005
Latest Legislation:
House Bill 66 - 126th General Assembly
On receipt of any amount forwarded from a payor or financial institution, the office of child support shall distribute the amount to the obligee within two business days of its receipt of the amount forwarded. Unless otherwise prohibited from doing so by a law of this state or the United States, the office may distribute the amount by means of electronic disbursement, and the obligee shall accept payment by means of electronic disbursement. The director of job and family services may adopt, revise, or amend rules under Chapter 119. of the Revised Code to assist in the implementation of this section.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3121 | Collection and Disbursement of Child Support › Section 3121.52 | Calculating Monthly Amount Due Where Payments Made on Other Basis.

Effective:
March 22, 2001
Latest Legislation:
Senate Bill 180 - 123rd General Assembly
A court or child support enforcement agency that issues or modifies a support order with support payments to be made other than on a monthly basis shall calculate a monthly amount due under the order, for purposes of its monthly administration, in the following manner:
(A) If the support order is to be paid weekly, multiply the weekly amount of support due under the order by fifty-two and divide the resulting annual amount by twelve;
(B) If the support order is to be paid biweekly, multiply the biweekly amount of support due under the order by twenty-six and divide the resulting annual amount by twelve;
(C) If the support order is to be paid periodically but is not to be paid weekly, biweekly, or monthly, multiply the periodic amount of support due by an appropriate number to obtain the annual amount of support due under the order and divide the annual amount of support due by twelve.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3121 | Collection and Disbursement of Child Support › Section 3121.53 | Payments Made on Other Basis Not to Affect the Frequency or the Amount of the Support Payments.

Effective:
March 22, 2001
Latest Legislation:
Senate Bill 180 - 123rd General Assembly
If the payments under a support order are to be made other than on a monthly basis, the required monthly administration of the order by a child support enforcement agency shall not affect the frequency or the amount of the support payments to be made under the order.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3121 | Collection and Disbursement of Child Support › Section 3121.54 | Payment of Support Commencing on Day Other Than First Day of Month.

Effective:
March 22, 2001
Latest Legislation:
Senate Bill 180 - 123rd General Assembly
With respect to support orders that require payment of support to commence on a day other than the first day of a month, the child support enforcement agency, for purposes of monthly administration, shall compute a pro rata amount due under the order for the first month of the period of payment, in the following manner:
(A) Determine an annual amount under section 3121.52 of the Revised Code;
(B) Divide the annual amount by one of the following to obtain the daily rate:
(1) If payment of support is required to commence in a leap year, three hundred sixty-six;
(2) If payment of support is required to commence in a year that is not a leap year, three hundred sixty-five.
(C) Multiply the daily rate by the number of days the order is in effect in the first month, including the date payment of support is required to commence and the last day of the first month.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3121 | Collection and Disbursement of Child Support › Section 3121.56 | Collecting Administrative Charge.

Effective:
March 22, 2001
Latest Legislation:
Senate Bill 180 - 123rd General Assembly
The office of child support shall collect the administrative charge imposed on the obligor under the support order pursuant to section 3119.27 of the Revised Code.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3121 | Collection and Disbursement of Child Support › Section 3121.57 | Applying Administrative Charge.

Effective:
March 22, 2001
Latest Legislation:
Senate Bill 180 - 123rd General Assembly
The office of child support is not required to apply an administrative charge included with a payment for current support payment toward any arrearages under the support order.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3121 | Collection and Disbursement of Child Support › Section 3121.58 | Separate Arrearage Account for Unpaid Charges.

Effective:
December 13, 2002
Latest Legislation:
House Bill 657 - 124th General Assembly
If an obligor fails to make the payment required by division (B) of section 3119.28 of the Revised Code, the office of child support shall maintain a separate arrearage account of that amount for the obligor. The office shall not deduct the unpaid amount from any support payment due the obligee under the support order.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3121 | Collection and Disbursement of Child Support › Section 3121.59 | Disposing of Fines Paid for Failure to Give Notice of Changes.

Effective:
March 21, 2005
Latest Legislation:
House Bill 200 - 125th General Assembly
A fine imposed pursuant to division (B) of section 3121.99 of the Revised Code shall be paid to the office of child support in the department of job and family services or, pursuant to section 3125.29 of the Revised Code, to the child support enforcement agency. The amount of the fine that does not exceed the amount of arrearage under the child support order shall be disbursed in accordance with the child support order. The amount of the fine that exceeds the amount of the arrearage shall be considered program income.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3121 | Collection and Disbursement of Child Support › Section 3121.64 | Quarterly Distributions of Administrative Charges to County Agencies.

Effective:
March 21, 2005
Latest Legislation:
House Bill 200 - 125th General Assembly
On receipt of administrative charges under section 3121.56 of the Revised Code, the office of child support shall determine the charge amounts collected from obligors under support orders being administered by the child support enforcement agency in each county and distribute monthly to each agency an amount equal to the charges attributable to the agency.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3121 | Collection and Disbursement of Child Support › Section 3121.65 | Restriction on Use of Administrative Charges.

Effective:
March 22, 2001
Latest Legislation:
Senate Bill 180 - 123rd General Assembly
No administrative charge amounts collected shall be used by the office of child support or a child support enforcement agency for any purpose other than the provision of funds for support enforcement activities.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3121 | Collection and Disbursement of Child Support › Section 3121.67 | Contracting With Public or Private Entities to Perform Duties.

Effective:
December 13, 2002
Latest Legislation:
House Bill 657 - 124th General Assembly
The office of child support may enter into contracts with public entities or private vendors for the collection of amounts due under support orders or for the performance of other administrative duties of the office. The office may contract with a public or private entity for the collection of arrearages owed under any child support order for which a court or a child support enforcement agency has found the obligor in default pursuant to a final and enforceable order issued pursuant to sections 3123.01 to 3123.07 of the Revised Code. Each contract shall comply with the rules adopted pursuant to section 3121.71 of the Revised Code.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3121 | Collection and Disbursement of Child Support › Section 3121.69 | Using Facsimile Signature.

Effective:
March 22, 2001
Latest Legislation:
Senate Bill 180 - 123rd General Assembly
In order to comply with its collection and disbursement responsibilities, the office of child support may require the director of each child support enforcement agency to authorize the office to use that director's facsimile signature if the office determines the signature's use is necessary. An agency director shall not be subject to civil or criminal liability for any damage or injury to persons or property that result from the use of the facsimile signature by the state.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3121 | Collection and Disbursement of Child Support › Section 3121.71 | Administrative Rules.

Effective:
March 22, 2001
Latest Legislation:
Senate Bill 180 - 123rd General Assembly
The director of job and family services, pursuant to Chapter 119. of the Revised Code, shall adopt rules that do all of the following:
(A) Govern collection and disbursement of child support amounts in compliance with Title IV-D of the "Social Security Act," 88 Stat. 2351 (1975), 42 U.S.C. 651 et seq., as amended, and any regulations adopted under the act;
(B) Govern the method of sending administrative charge amounts to child support enforcement agencies;
(C) Assist in the implementation of separate accounts for support payments received by the division;
(D) Govern the process of entering into and the provisions of contracts described in section 3121.67 of the Revised Code.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3121 | Collection and Disbursement of Child Support › Section 3121.74 | Account Information Access Agreements - Financial Data Matching Program.

Effective:
March 22, 2001
Latest Legislation:
Senate Bill 180 - 123rd General Assembly
The office of child support in the department of job and family services shall enter into account information access agreements with financial institutions doing business in this state and with financial institutions doing business in other states. The office may join an alliance of states for the purpose of participating in the financial data matching program, as defined in section 666(A)(17) of Title 42 of the United States Code, and entering into agreements with financial institutions doing business in this state. In the case of financial institutions doing business in other states, the office shall enter into an agreement with the federal office of child support enforcement for the purpose of participating in the financial institution data matching program. The agreements shall provide the office access to account information specified in this section for the purposes of establishing, modifying, or enforcing support orders. The agreements shall specify the manner in which the information is to be provided and shall require that the office be afforded access to the following information each calendar quarter concerning all obligors in default under support orders being administered by child support enforcement agencies in this state who maintain an account with the financial institution:
(A) The obligor's name;
(B) The obligor's address;
(C) The obligor's social security number or taxpayer identification number;
(D) Whether another person has an ownership interest in the account, including a list of all persons having an ownership interest in the account as reflected on the signature card or similar document on file with the financial institution;
(E) The type of account maintained by the obligor, such as a savings, checking, or money market mutual fund account;
(F) Any other information agreed to by the parties.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3121 | Collection and Disbursement of Child Support › Section 3121.75 | Deducting Fee for Each Withdrawal.

Effective:
March 22, 2001
Latest Legislation:
Senate Bill 180 - 123rd General Assembly
A financial institution that responds to a request or provides information to the office of child support pursuant to an account information access agreement shall deduct a fee of five dollars for each withdrawal the financial institution makes from an obligor's account on receipt of a withdrawal directive under section 3123.37 of the Revised Code.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3121 | Collection and Disbursement of Child Support › Section 3121.76 | Confidentiality Requirements.

Effective:
March 22, 2001
Latest Legislation:
Senate Bill 180 - 123rd General Assembly
Information obtained from a financial institution pursuant to an account information access agreement is not a public record for the purposes of section 149.43 of the Revised Code. No person or government entity that obtains information concerning an account holder from a financial institution pursuant to an agreement shall disclose the information for purposes other than the establishment, modification, or enforcement of a support order.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3121 | Collection and Disbursement of Child Support › Section 3121.77 | Financial Institutions or Personnel - Immunity.

Effective:
March 22, 2001
Latest Legislation:
Senate Bill 180 - 123rd General Assembly
Financial institutions or their officers, directors, and employees shall not be subject to criminal or civil liability for disclosing or releasing information concerning an account holder to the office of child support pursuant to an account information access agreement, or for any other action taken in good faith to comply with an account information access agreement, regardless of whether the action was specifically authorized or described in the agreement.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3121 | Collection and Disbursement of Child Support › Section 3121.78 | Administrative Rules Concerning Account Information Agreements.

Effective:
March 22, 2001
Latest Legislation:
Senate Bill 180 - 123rd General Assembly
The director of job and family services shall adopt rules pursuant to Chapter 119. of the Revised Code that govern the provisions of an agreement required pursuant to section 3121.74 of the Revised Code and the procedure for entering into an agreement.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3121 | Collection and Disbursement of Child Support › Section 3121.81 | Case Registry of Support Orders.

Effective:
March 22, 2001
Latest Legislation:
Senate Bill 180 - 123rd General Assembly
The office of child support in the department of job and family services shall establish and maintain a case registry of all support orders being administered or otherwise handled by a child support enforcement agency.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3121 | Collection and Disbursement of Child Support › Section 3121.82 | Information Included in Case Registry.

Effective:
March 22, 2001
Latest Legislation:
Senate Bill 180 - 123rd General Assembly
The case registry shall include all of the following information:
(A) The name, social security number, driver's license number, other identification number, residence telephone number, and date of birth of each obligor and obligee under a support order;
(B) Payment information including the periodic support amount due, arrearages, penalties for late payment, fees, amounts collected, and amounts distributed under a support order;
(C) Liens imposed on real and personal property to recover arrearages under a support order;
(D) With respect to a child support order, the name and birthdate of each child subject to the order;
(E) Information obtained pursuant to an agreement under section 3121.74 of the Revised Code;
(F) Any other information required by the director of job and family services pursuant to rules adopted under section 3121.86 of the Revised Code.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3121 | Collection and Disbursement of Child Support › Section 3121.83 | Maintenance of Case Registry.

Effective:
March 22, 2001
Latest Legislation:
Senate Bill 180 - 123rd General Assembly
The case registry shall be maintained as part of the automated system created pursuant to section 3125.07 of the Revised Code and shall be accessed through the system. The office of child support and each child support enforcement agency shall monitor and update the registry, and each agency shall enter the information described in section 3121.82 of the Revised Code in the registry in accordance with rules adopted pursuant to section 3121.86 of the Revised Code.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3121 | Collection and Disbursement of Child Support › Section 3121.84 | Comparing Information.

Effective:
March 22, 2001
Latest Legislation:
Senate Bill 180 - 123rd General Assembly
(A) The office of child support shall make comparisons of the information in the case registry with the information maintained by the department of job and family services pursuant to sections 3111.64 and 3121.894 of the Revised Code. The office shall make the comparisons in the manner and in the time intervals required by the rules adopted pursuant to section 3121.86 of the Revised Code. The office shall make reports of information in the registry to other entities of the state, the federal government, and other states as required by those rules.
(B) The office shall make comparisons of information in the case registry with information maintained by the department pursuant to sections 3111.64 and 3121.894 of the Revised Code and provide information in the case registry to other entities of the state, the federal government, and other states consistent with Title IV-D of the "Social Security Act," 88 Stat. 2351 (1975), 42 U.S.C. 651 et seq., as amended, and any federal regulations adopted under the act.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3121 | Collection and Disbursement of Child Support › Section 3121.85 | Duties of Agencies and Office of Child Support to Update and Maintain Information.

Effective:
March 22, 2001
Latest Legislation:
Senate Bill 180 - 123rd General Assembly
Each child support enforcement agency shall enter information into the case registry and maintain and update that information consistent with Title IV-D of the "Social Security Act," 88 Stat. 2351 (1975), 42 U.S.C. 651 et seq., as amended and any federal regulations adopted under the act. The office of child support and each child support enforcement agency shall monitor the registry consistent with Title IV-D of the "Social Security Act," as amended, and any federal regulations adopted under the act.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3121 | Collection and Disbursement of Child Support › Section 3121.86 | Administrative Rules for Case Registry.

Effective:
March 22, 2001
Latest Legislation:
Senate Bill 180 - 123rd General Assembly
The director of job and family services shall adopt rules in accordance with Chapter 119. of the Revised Code that do both of the following:
(A) Establish procedures governing actions required by sections 3121.84 and 3121.85 of the Revised Code;
(B) Designate any additional information that must be placed in the case registry consistent with Title IV-D of the "Social Security Act," 42 U.S.C. 651 et seq., as amended, and any federal regulations adopted under the act.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3121 | Collection and Disbursement of Child Support › Section 3121.89 | Employee and Employer Defined.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
As used in sections 3121.891 to 3121.8911 of the Revised Code:
(A) "Contractor" means an individual who provides services to an employer as an independent contractor for compensation that is reported as income other than wages and who is an individual, the sole shareholder of a corporation, or the sole member of a limited liability company. "Contractor" does not include any of the following:
(1) An individual performing intelligence or counterintelligence functions for a state agency if the head of the agency has determined that reporting pursuant to this section could endanger the safety of the individual or compromise an ongoing investigation or intelligence mission;
(2) A professionally licensed person who is providing services to the employer under that license;
(3) An individual who will receive for the services provided under the contract compensation of less than two thousand five hundred dollars per year or a greater amount that the director of job and family services establishes by rule adopted under section 3121.896 of the Revised Code.
(B) "Employee" means an individual who is employed to provide services to an employer for compensation that is reported as income from wages. "Employee" does not include an individual performing intelligence or counterintelligence functions for a state agency, if the head of the agency has determined that reporting pursuant to this section could endanger the safety of the employee or compromise an ongoing investigation or intelligence mission.
(C) "Employer" means any person or governmental entity other than the federal government for which an individual performs any service, of whatever nature, as the employee or contractor of such person, except that:
(1) If the person for whom the individual performs services does not have control of the payment of compensation for the services, "employer" means the person having control of the payment of the compensation.
(2) In the case of a person paying compensation on behalf of a nonresident alien individual, foreign partnership, or foreign corporation not engaged in trade or business within the United States, "employer" means the person paying the compensation.
(3) In the case of compensation paid to a contractor, "employer" does not include any person or entity that lacks a federal employer identification number.
(D) "Newly hired employee" means either of the following:
(1) An employee who has not previously been employed by the employer;
(2) An employee who was previously employed by an employer but has been separated from that prior employment for at least sixty consecutive days.
(E) "Professionally licensed person" has the same meaning as in section 2925.01 of the Revised Code.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3121 | Collection and Disbursement of Child Support › Section 3121.891 | Duty to Make a New Hire Report.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
(A) Except as provided in division (B) or (C) of this section, every employer shall make a new hire report to the department of job and family services regarding a newly hired employee or a contractor of a person who resides, works, or will be assigned to work in this state to whom the employer anticipates paying compensation.
(B) An employer with employees or contractors in two or more states that transmits new hire reports magnetically or electronically may make the new hire report to another state if the employer does both of the following:
(1) Notifies the Ohio department of job and family services and the United States secretary of health and human services in writing that the employer has designated another state as the state to which the employer will transmit the report;
(2) Transmits the report to that state in compliance with federal law.
(C) The department may by rule exempt employers from making new hire reports on any classification of contractors if the department determines that exempting the employer will assist the administration of the new hire reporting requirement.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3121 | Collection and Disbursement of Child Support › Section 3121.892 | Information Included in New Hire Report.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
(A) An employer shall include all of the following in each new hire report:
(1) For each employee, the employee's name, address, date of birth, social security number, and date of hire;
(2) For each contractor, the contractor's name, address, social security or tax identification number, the date payments begin, and the length of time the contractor will be performing services for the employer;
(3) The employer's name, address, and identification number.
(B) The department of job and family services may by rule require that additional information, specified in the rule, be included in each new hire report.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3121 | Collection and Disbursement of Child Support › Section 3121.893 | Methods for Making New Hire Report.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
An employer shall make a new hire report for each newly hired employee or contractor in a manner prescribed by the department of job and family services. The department may require that the report include or consist of the submission of a copy of the United States internal revenue service form W-4 (employee's withholding allowance certificate) for the employee, a form provided by the department, or any other hiring document or data storage device or mechanism the department authorizes. An employer may make the new hire report by mail, fax, magnetic or electronic means, or other means the department authorizes. If an employer makes a new hire report by mail, the date of making the report is the postmark date if the report is mailed in the United States with first class postage and is addressed as the department authorizes. An employer shall make the new hire report not later than twenty days after the date on which the employer hires an employee or the date on which the employer engages or re-engages the contractor or the contractor resumes providing services under the contract.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3121 | Collection and Disbursement of Child Support › Section 3121.894 | New Hires Directory.

Effective:
March 21, 2005
Latest Legislation:
House Bill 200 - 125th General Assembly
The department of job and family services shall, within five days of receipt from an employer, enter the information described in divisions (A)(1) and (3) of section 3121.892 of the Revised Code into the new hires directory, which shall be part of or accessible to the automated data processing system required pursuant to section 3125.07 of the Revised Code.
The department of job and family services may specify by rule the extent to which the information described in division (A)(2) of section 3121.892 of the Revised Code is to be entered into the new hires directory or any other appropriate directory. The department shall enter the information in accordance with the rule.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3121 | Collection and Disbursement of Child Support › Section 3121.895 | Comparing Social Security Numbers in New Hire Report With Case Registry.

Effective:
March 21, 2005
Latest Legislation:
House Bill 200 - 125th General Assembly
The department of job and family services shall make comparisons of the social security numbers obtained pursuant to division (A)(1) of section 3121.892 of the Revised Code and the social security numbers appearing in the case registry maintained pursuant to sections 3121.81 to 3121.86 of the Revised Code. Not later than the business day after information is entered into the directory, if the comparison conducted by the department results in a match, the department shall notify the child support enforcement agency administering the support order.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3121 | Collection and Disbursement of Child Support › Section 3121.896 | Director of Job and Family Services to Determine Use of Information - Increase of Payment to Contractor.

Effective:
March 21, 2005
Latest Legislation:
House Bill 200 - 125th General Assembly
The director of job and family services shall by rule establish the manner in which information concerning any person identified in division (A)(2) of section 3121.892 of the Revised Code shall be used to enforce any support obligations of that person.
The director of job and family services may adopt a rule increasing above the amount established in division (A)(3) of section 3121.89 of the Revised Code the amount of compensation that an employer may annually pay to a contractor under a contract without being required to make a new hire report in relation to that contractor.
Last updated February 17, 2022 at 10:36 AM
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3121 | Collection and Disbursement of Child Support › Section 3121.897 | New Hire Information Furnished to National Directory of New Hires.

Effective:
March 21, 2005
Latest Legislation:
House Bill 200 - 125th General Assembly
Within three business days after information on persons identified in division (A)(1) of section 3121.892 of the Revised Code is entered into the new hires directory, the department of job and family services shall furnish the information to the national directory of new hires. The department shall furnish to the national directory of new hires on a quarterly basis such information contained in the records of the department as is required by state and federal law.
To the extent it determines appropriate, the department also may furnish to the national directory of new hires information on persons identified in division (A)(2) of section 3121.892 of the Revised Code.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3121 | Collection and Disbursement of Child Support › Section 3121.898 | Using New Hire Reports.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
The department of job and family services shall use the new hire reports it receives for any of the following purposes set forth in 42 U.S.C. 653a, as amended, including:
(A) To locate individuals for the purposes of establishing paternity and for establishing, modifying, and enforcing child support orders.
(B) As used in this division, "state agency" means every department, bureau, board, commission, office, or other organized body established by the constitution or laws of this state for the exercise of state government; every entity of county government that is subject to the rules of a state agency; and every contractual agent of a state agency.
To make available to any state agency responsible for administering any of the following programs for purposes of verifying program eligibility:
(1) Any Title IV-A program as defined in section 5101.80 of the Revised Code;
(2) The medicaid program;
(3) The unemployment compensation program authorized by Chapter 4141. of the Revised Code;
(4) The supplemental nutrition assistance program authorized by section 5101.54 of the Revised Code;
(5) Any other program authorized in 42 U.S.C. 1320b-7(b), as amended.
(C) The administration of the employment security program under the director of job and family services.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3121 | Collection and Disbursement of Child Support › Section 3121.899 | Disclosure of New Hire Reports.

Effective:
March 21, 2005
Latest Legislation:
House Bill 200 - 125th General Assembly
(A) The new hire reports filed with the department of job and family services pursuant to section 3121.891 of the Revised Code shall not be considered public records for purposes of section 149.43 of the Revised Code. The director of job and family services may adopt rules under section 3125.51 of the Revised Code governing access to, and use and disclosure of, information contained in the new hire reports.
(B) The department of job and family services may disclose information in the new hire reports to all of the following:
(1) Any child support enforcement agency and any agent under contract with a child support enforcement agency for the purposes listed in division (A) of section 3121.898 of the Revised Code;
(2) Any county department of job and family services and any agent under contract with a county department of job and family services for the purposes listed in division (B) of section 3121.898 of the Revised Code;
(3) Employees of the department of job and family services and any agent under contract with the department of job and family services for the purposes listed in divisions (B) and (C) of section 3121.898 of the Revised Code;
(4) The administrator of workers' compensation for the purpose of administering the workers' compensation system pursuant to Chapters 4121., 4123., 4127., and 4131. of the Revised Code;
(5) To state agencies operating employment security and workers compensation programs for the purpose of administering those programs, pursuant to division (D) of section 3121.898 of the Revised Code.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3121 | Collection and Disbursement of Child Support › Section 3121.8910 | Fee for Failing to Make New Hire Report.

Effective:
March 21, 2005
Latest Legislation:
House Bill 200 - 125th General Assembly
An employer that fails to make a new hire report shall be liable to the department of job and family services for a civil penalty of twenty-five dollars for each failure to make a report.
If the failure to make a new hire report is the result of a conspiracy between the employer and the employee not to supply the report or to supply a false or incomplete report, the employer shall be liable for a civil penalty of five hundred dollars for each such failure.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3121 | Collection and Disbursement of Child Support › Section 3121.8911 | Administrative Rules for New Hire Report.

Effective:
March 22, 2001
Latest Legislation:
Senate Bill 180 - 123rd General Assembly
The director of job and family services shall adopt rules in accordance with Chapter 119. of the Revised Code to implement sections 3121.89 to 3121.8910 of the Revised Code.