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2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3119 | Calculation of Child Support Obligation - Health Insurance Coverage › Section 3119.83 | Modifying Duty to Pay Delinquent Support Retroactively.

Effective:
March 22, 2001
Latest Legislation:
Senate Bill 180 - 123rd General Assembly
Except as provided in section 3119.84 of the Revised Code, a court or child support enforcement agency may not retroactively modify an obligor's duty to pay a delinquent support payment.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3119 | Calculation of Child Support Obligation - Health Insurance Coverage › Section 3119.84 | Modifying Payments Accruing While Modification Proceedings Are Pending.

Effective:
March 22, 2001
Latest Legislation:
Senate Bill 180 - 123rd General Assembly
A court with jurisdiction over a court support order may modify an obligor's duty to pay a support payment that becomes due after notice of a petition to modify the court support order has been given to each obligee and to the obligor before a final order concerning the petition for modification is entered.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3119 | Calculation of Child Support Obligation - Health Insurance Coverage › Section 3119.86 | Continuing Support Obligation Beyond Child's Eighteenth Birthday.

Effective:
March 22, 2001
Latest Legislation:
Senate Bill 180 - 123rd General Assembly
(A) Notwithstanding section 3109.01 of the Revised Code, both of the following apply:
(1) The duty of support to a child imposed pursuant to a court child support order shall continue beyond the child's eighteenth birthday only under the following circumstances:
(a) The child is mentally or physically disabled and is incapable of supporting or maintaining himself or herself.
(b) The child's parents have agreed to continue support beyond the child's eighteenth birthday pursuant to a separation agreement that was incorporated into a decree of divorce or dissolution.
(c) The child continuously attends a recognized and accredited high school on a full-time basis on and after the child's eighteenth birthday.
(2) The duty of support to a child imposed pursuant to an administrative child support order shall continue beyond the child's eighteenth birthday only if the child continuously attends a recognized and accredited high school on a full-time basis on and after the child's eighteenth birthday.
(B) A court child support order shall not remain in effect after the child reaches nineteen years of age unless the order provides that the duty of support continues under circumstances described in division (A)(1)(a) or (b) of this section for any period after the child reaches age nineteen. An administrative child support order shall not remain in effect after the child reaches age nineteen.
(C) If a court incorporates a separation agreement described in division (A)(1)(b) of this section into a decree of divorce or dissolution, the court may not require the duty of support to continue beyond the date the child's parents have agreed support should terminate.
(D) A parent ordered to pay support under a child support order shall continue to pay support under the order, including during seasonal vacation periods, until the order terminates.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3119 | Calculation of Child Support Obligation - Health Insurance Coverage › Section 3119.87 | Notifying Agency of Reason Why Support Order Should Terminate.

Effective:
February 11, 2019
Latest Legislation:
Senate Bill 70 - 132nd General Assembly
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 agency as required by this division is contempt of court.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3119 | Calculation of Child Support Obligation - Health Insurance Coverage › Section 3119.88 | Reasons for Which Child Support Order Should Terminate.

Effective:
February 11, 2019
Latest Legislation:
Senate Bill 70 - 132nd General Assembly
(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:
(1) The 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;
(2) The child 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;
(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;
(5) The child's marriage;
(6) The child's emancipation;
(7) The child's enlistment in the armed services;
(8) The child's deportation;
(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.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3119 | Calculation of Child Support Obligation - Health Insurance Coverage › Section 3119.89 | Investigating Termination.

Effective:
March 28, 2019
Latest Legislation:
House Bill 366, Senate Bill 70 - 132nd General Assembly
(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 amount 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.
The Legislative Service Commission presents the text of this section as a composite of the section as amended by multiple acts of the General Assembly. This presentation recognizes the principle stated in R.C. 1.52(B) that amendments are to be harmonized if reasonably capable of simultaneous operation.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3119 | Calculation of Child Support Obligation - Health Insurance Coverage › Section 3119.90 | Agency Determination That Support Order Should Terminate.

Effective:
February 11, 2019
Latest Legislation:
Senate Bill 70 - 132nd General Assembly
(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 fourteen days after notice is issued under this division.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3119 | Calculation of Child Support Obligation - Health Insurance Coverage › Section 3119.91 | Requesting Administrative Hearing on Termination Investigation Conclusions.

Effective:
February 11, 2019
Latest Legislation:
Senate Bill 70 - 132nd General Assembly
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 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 fourteen- day period, the administrative hearing decision is final and will be filed with the court or in the administrative case file.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3119 | Calculation of Child Support Obligation - Health Insurance Coverage › Section 3119.92 | Court Hearing on Termination of Support.

Effective:
February 11, 2019
Latest Legislation:
Senate Bill 70 - 132nd General Assembly
If the obligor, the obligee, or both file a motion as described in section 3119.91 of the Revised Code within the 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 fourteen-day period, the administrative hearing decision is final and will be filed with the court or in the administrative case file.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3119 | Calculation of Child Support Obligation - Health Insurance Coverage › Section 3119.93 | Terminating Withholding or Deduction Notice or Other Order.

Effective:
March 22, 2001
Latest Legislation:
Senate Bill 180 - 123rd General Assembly
The termination of a child support order by a court or agency also terminates any applicable withholding or deduction notice or other order issued under section 3121.03 of the Revised Code. With respect to a court child support order, on the termination of any withholding or deduction notice, the court immediately shall notify the appropriate child support enforcement agency that the order or notice has been terminated. If a withholding notice or order is terminated, the agency immediately shall notify each payor or financial institution required to withhold or deduct a sum of money for the payment of support under the order or notice that it has been terminated and that the payor or institution is required to cease all withholding or deduction under the order or notice.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3119 | Calculation of Child Support Obligation - Health Insurance Coverage › Section 3119.94 | Administrative Rules Concerning Impounded Funds, Return of Payments, Uniform Implementation.

Effective:
May 18, 2005
Latest Legislation:
House Bill 493 - 125th General Assembly
(A) The director of job and family services shall adopt rules that provide for all of the following:
(1) The payment to the appropriate person of any funds that a court or child support enforcement agency has impounded under section 3119.90 or 3119.92 of the Revised Code;
(2) The return to the appropriate person of any other payments made pursuant to a child support order if the payments were made at any time after the child support order has been terminated pursuant to section 3119.90 or 3119.92 of the Revised Code;
(3) Any other standards, forms, or procedures needed to ensure uniform implementation of sections 3119.86 to 3119.94 of the Revised Code.
(B) With respect to the court order for impoundment required under division (A)(1) of section 3119.90 of the Revised Code, the director of job and family services may adopt rules that specify a form for the order or approve a form developed by the Ohio judicial conference.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3119 | Calculation of Child Support Obligation - Health Insurance Coverage › Section 3119.95 | Health Care Coverage Included in Caretaker Support Order.

Effective:
April 3, 2024
Latest Legislation:
House Bill 33 - 135th General Assembly
A child support order subject to sections 3119.951 to 3119.9541 of the Revised Code shall include the health care coverage and cash medical support required for the child subject to the order.
Last updated October 3, 2023 at 5:44 PM
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3119 | Calculation of Child Support Obligation - Health Insurance Coverage › Section 3119.951 | Caretaker Filing for Child Support.

Effective:
April 3, 2024
Latest Legislation:
House Bill 33 - 135th General Assembly
The caretaker of a child may file an application for Title IV-D services with the child support enforcement agency in the county in which the caretaker resides to obtain support for the care of the child.
Last updated October 3, 2023 at 5:44 PM
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3119 | Calculation of Child Support Obligation - Health Insurance Coverage › Section 3119.953 | Determination of Existing Support Order.

Effective:
April 3, 2024
Latest Legislation:
House Bill 33 - 135th General Assembly
(A) On receipt of an application for Title IV-D services from the caretaker of a child under section 3119.951 of the Revised Code, or a Title IV-D services referral regarding the child, the child support enforcement agency shall determine whether the child is the subject of an existing child support order.
(B) If the child is the subject of an existing child support order, the agency shall comply with sections 3119.955 to 3119.9519 of the Revised Code.
(C) If the child is not the subject of an existing child support order, the agency shall comply with sections 3119.9523 and 3119.9525 of the Revised Code.
Last updated October 3, 2023 at 5:48 PM
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3119 | Calculation of Child Support Obligation - Health Insurance Coverage › Section 3119.955 | Redirection of Existing Support Order.

Effective:
April 3, 2024
Latest Legislation:
House Bill 33 - 135th General Assembly
(A) If a child support enforcement agency determines under section 3119.953 of the Revised Code that there is an existing child support order regarding the child in the care of a caretaker, the agency shall determine if any reason exists for which the child support order should be redirected to the caretaker. If the agency determines that the caretaker is the primary caregiver of the child, the agency shall determine that a reason exists for redirection.
(B) If the agency determines that a reason exists for redirection, the agency also shall determine all of the following:
(1) The amount of each parent's obligation under the existing child support order that may be subject to redirection;
(2) Whether any prior redirection has been terminated under sections 3119.9531 to 3119.9535 of the Revised Code;
(3) Whether any arrearages are owed, and the recommended payment amount to satisfy such arrears;
(4) If more than one child is subject to the existing child support order, whether the child support order for all or some of the children shall be subject to redirection.
(C) The agency shall make the determinations required under this section not later than twenty days after receipt of a Title IV-D services application or referral under section 3119.953 of the Revised Code.
Last updated October 3, 2023 at 5:51 PM
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3119 | Calculation of Child Support Obligation - Health Insurance Coverage › Section 3119.957 | Determination of Redirection Amount.

Effective:
April 3, 2024
Latest Legislation:
House Bill 33 - 135th General Assembly
If the child support enforcement agency determines under section 3119.955 of the Revised Code that more than one child is the subject of a child support order and the order for fewer than all of the children should be redirected, the agency shall determine the amount of child support to be redirected, which amount shall equal the pro rata share of the child support amounts for each such child under the child support order. The agency also shall make, in relation to the determination of the amount of child support that may be redirected, a determination regarding the health care coverage and cash medical support under the child support order that may be redirected.
Last updated October 3, 2023 at 5:51 PM
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3119 | Calculation of Child Support Obligation - Health Insurance Coverage › Section 3119.9511 | Determination of Redirection to Caretaker.

Effective:
April 3, 2024
Latest Legislation:
House Bill 33 - 135th General Assembly
Not later than twenty days after completion of an investigation of a child support order under section 3119.955 or 3119.957 of the Revised Code, the child support enforcement agency shall determine, based on the information gathered, whether the order shall or shall not be redirected under sections 3119.9513 and 3119.9515 of the Revised Code.
Last updated October 3, 2023 at 5:45 PM
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3119 | Calculation of Child Support Obligation - Health Insurance Coverage › Section 3119.9513 | Issuance of Redirection Order or Recommendation.

Effective:
April 3, 2024
Latest Legislation:
House Bill 33 - 135th General Assembly
If the child support enforcement agency determines that a child support order should be redirected, the agency shall do one of the following:
(A) For an administrative child support order, the agency shall issue a redirection order that shall include the child support amount to be redirected and provisions for redirection regarding health care coverage and cash medical support.
(B) For a court child support order, the agency shall recommend to the court that has jurisdiction over the support order to issue a redirection order and include the child support amount to be redirected and provisions for redirection regarding health care coverage and cash medical support.
Last updated October 3, 2023 at 5:45 PM
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3119 | Calculation of Child Support Obligation - Health Insurance Coverage › Section 3119.9515 | Notice of Redirection Order or Recommendation.

Effective:
April 3, 2024
Latest Legislation:
House Bill 33 - 135th General Assembly
(A) On issuing an order or making a recommendation under section 3119.9513 of the Revised Code, the child support enforcement agency shall provide notice of the following to the parent or caretaker of the child subject to the order or recommendation:
(1) The results of its investigation under section 3119.955 or 3119.957 of the Revised Code;
(2) For an administrative child support order, notice of the following:
(a) That the agency has issued a redirection order under section 3119.9513 of the Revised Code regarding the child support order and a copy of the redirection order;
(b) The right to object to the redirection order by bringing an action under section 2151.231 of the Revised Code not later than fourteen days after the order is issued;
(c) That the order becomes final and enforceable if no timely objection is made;
(d) The effective date of the order as determined under section 3119.9519 of the Revised Code.
(3) For a court child support order, notice of the following:
(a) That the agency has made a recommendation for a redirection order under section 3119.9513 of the Revised Code to the court that has jurisdiction over the court child support order, and a copy of the recommendation;
(b) The right to object to the redirection by requesting a hearing with the court that has jurisdiction over the court child support order not later than fourteen days after the recommendation is issued;
(c) That the recommendation will be submitted to the court for inclusion in a redirection order, unless a request for a court hearing is made not later than fourteen days after the recommendation is issued;
(d) The effective date of the redirection order as determined under section 3119.9519 of the Revised Code.
(B) The notice under division (A) of this section shall be included as part of the applicable order or recommendation.
Last updated October 3, 2023 at 5:45 PM
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3119 | Calculation of Child Support Obligation - Health Insurance Coverage › Section 3119.9517 | Objection to Redirection Order or Recommendation.

Effective:
April 3, 2024
Latest Legislation:
House Bill 33 - 135th General Assembly
(A) A parent or caretaker may object to an order issued under section 3119.9513 of the Revised Code by bringing an action under section 2151.231 of the Revised Code not later than fourteen days after the notice is issued under division (A)(2) of section 3119.9515 of the Revised Code. The order shall be final and enforceable if no objection is timely made.
(B) A parent or caretaker may object to a recommendation issued under section 3119.9513 of the Revised Code by requesting a hearing with the court that has jurisdiction over the court child support order not later than fourteen days after the recommendation is issued under division (A)(3) of section 3119.9515 of the Revised Code. The recommendation shall be submitted to the court for inclusion in a redirection order, unless a request for a court hearing is made not later than fourteen days after the recommendation is issued.
Last updated October 3, 2023 at 5:46 PM
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3119 | Calculation of Child Support Obligation - Health Insurance Coverage › Section 3119.9519 | Commencement of Redirection.

Effective:
April 3, 2024
Latest Legislation:
House Bill 33 - 135th General Assembly
(A) The redirection of a child support order under a redirection order that has become final as provided under section 3119.9517 of the Revised Code shall take effect as of, and relate back to, the date that the child support enforcement agency received the Title IV-D services application or referral under section 3119.953 of the Revised Code that initiated the proceedings resulting in the order.
(B) A redirection order under section 3119.9517 of the Revised Code based on a recommendation for redirection shall take effect as of, and relate back to, the date that the child support enforcement agency received the Title IV-D services application or referral under section 3119.953 of the Revised Code that initiated the proceedings resulting in the redirection order.
Last updated October 3, 2023 at 5:46 PM
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3119 | Calculation of Child Support Obligation - Health Insurance Coverage › Section 3119.9523 | Investigation of Support Obligation to Caretaker.

Effective:
April 3, 2024
Latest Legislation:
House Bill 33 - 135th General Assembly
If a child support enforcement agency determines under section 3119.953 of the Revised Code that the child in the care of the caretaker is not subject to an existing child support order, the agency shall determine, not later than twenty days after its receipt of the Title IV-D services application or referral under section 3119.953 of the Revised Code, whether any reason exists for which a child support order for the child should be imposed. That determination shall include whether the caretaker is the child's primary caregiver.
Last updated October 3, 2023 at 5:46 PM
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3119 | Calculation of Child Support Obligation - Health Insurance Coverage › Section 3119.9525 | Determination of Support Obligation to Caretaker.

Effective:
April 3, 2024
Latest Legislation:
House Bill 33 - 135th General Assembly
If, pursuant to an investigation under section 3119.9523 of the Revised Code, the child support enforcement agency determines that a reason exists for a child support order to be imposed regarding the child subject of the investigation, the agency shall comply with sections 3111.80 to 3111.84 of the Revised Code.
Last updated October 3, 2023 at 5:47 PM
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3119 | Calculation of Child Support Obligation - Health Insurance Coverage › Section 3119.9527 | Notice and Investigation of Primary Caretaker.

Effective:
April 3, 2024
Latest Legislation:
House Bill 33 - 135th General Assembly
If a child support enforcement agency receives notice that a caretaker is no longer the primary caregiver for a child subject to a redirection order or recommendation issued under section 3119.9513 of the Revised Code, the agency shall do both of the following:
(A) Investigate whether the caretaker to whom support amounts are redirected under the existing redirection order or recommendation is still the primary caregiver for the child;
(B) Take action as applicable under sections 3119.9529 to 3119.9535 of the Revised Code.
Last updated October 3, 2023 at 5:47 PM
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3119 | Calculation of Child Support Obligation - Health Insurance Coverage › Section 3119.9529 | Determination of Continued Caregiver.

Effective:
April 3, 2024
Latest Legislation:
House Bill 33 - 135th General Assembly
If, upon investigation under section 3119.9527 of the Revised Code, the child support enforcement agency determines that the caretaker to whom support amounts are redirected remains the primary caregiver of the child who is the subject of the redirection order or recommendation, the agency shall take no further action on the notice received under section 3119.9527 of the Revised Code.
Last updated October 3, 2023 at 5:55 PM
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3119 | Calculation of Child Support Obligation - Health Insurance Coverage › Section 3119.9531 | Determination of New Caregiver.

Effective:
April 3, 2024
Latest Legislation:
House Bill 33 - 135th General Assembly
If, after an investigation under section 3119.9527 of the Revised Code, the child support enforcement agency determines that a new caretaker is the primary caregiver for the child who is the subject of the redirection order or recommendation, the agency shall do both of the following:
(A) Terminate the existing redirection order or request that the court terminate the redirection order based on the recommendation, whichever is applicable;
(B) Direct the new caretaker to file an application for Title IV-D services under section 3119.951 of the Revised Code.
Last updated October 3, 2023 at 5:49 PM
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3119 | Calculation of Child Support Obligation - Health Insurance Coverage › Section 3119.9533 | Termination of Redirection; Parent Obligee.

Effective:
April 3, 2024
Latest Legislation:
House Bill 33 - 135th General Assembly
If, after an investigation under section 3119.9527 of the Revised Code, the child support enforcement agency determines that a parent of the child who is the subject of the redirection order or recommendation is the primary caregiver of the child, the agency shall do one of the following:
(A) If the parent is the obligee under the child support order that is subject to redirection, terminate the existing redirection order or request the court to terminate the redirection order based on the recommendation, whichever is applicable.
(B) If the parent is the obligor under the child support order that is subject to redirection:
(1) Terminate the existing redirection order or request the court to terminate the redirection order based on the recommendation, whichever is applicable; and
(2) Notify the obligor that he or she may do the following:
(a) Request that the child support order be terminated pursuant to section 3119.87 of the Revised Code;
(b) Request either of the following, whichever is applicable:
(i) For an administrative child support order, request a review of the order under sections 3119.60 and 3119.61 of the Revised Code;
(ii) For a court child support order, request the court with jurisdiction over the order to amend the order.
Last updated October 3, 2023 at 5:56 PM
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3119 | Calculation of Child Support Obligation - Health Insurance Coverage › Section 3119.9535 | Termination of Redirection; No Obligee.

Effective:
April 3, 2024
Latest Legislation:
House Bill 33 - 135th General Assembly
If, after an investigation under section 3119.9527 of the Revised Code, the child support enforcement agency determines that the child who is the subject of the redirection order or recommendation is not under the care of any individual, the agency shall do the following:
(A) Terminate the existing redirection order or request the court to terminate the redirection order based on the recommendation, whichever is applicable;
(B) If the agency becomes aware of circumstances indicating that the child may be abused or neglected, make a report under section 2151.421 of the Revised Code.
Last updated October 3, 2023 at 5:49 PM
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3119 | Calculation of Child Support Obligation - Health Insurance Coverage › Section 3119.9537 | Impoundment of Redirected Support Funds.

Effective:
April 3, 2024
Latest Legislation:
House Bill 33 - 135th General Assembly
(A) If a child support enforcement agency receives a notification under section 3119.9527 of the Revised Code, the agency shall impound any funds received on behalf of the child pursuant to the child support order to which the notification applies.
(B) Impoundment shall continue under this section until the occurrence of any of the following:
(1) The agency makes a determination under section 3119.9529 of the Revised Code;
(2) The agency issues a redirection order for a new caretaker under sections 3119.951 to 3119.9519 and 3119.9531 of the Revised Code;
(3) The agency, under section 3119.9533 of the Revised Code, terminates the redirection order or a court terminates its redirection order;
(C) On termination of impoundment as described in division (B) of this section, impounded amounts shall be paid to the obligee designated under the child support order or under the applicable redirection order.
Last updated October 3, 2023 at 5:50 PM
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3119 | Calculation of Child Support Obligation - Health Insurance Coverage › Section 3119.9539 | Duration of Impoundment.

Effective:
April 3, 2024
Latest Legislation:
House Bill 33 - 135th General Assembly
Impoundment of child support under section 3119.9537 of the Revised Code regarding a redirection order described in section 3119.9535 of the Revised Code shall continue until further order from the child support enforcement agency administering the administrative child support order or from the court with jurisdiction over the court child support order, whichever is applicable.
Last updated October 3, 2023 at 5:50 PM
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3119 | Calculation of Child Support Obligation - Health Insurance Coverage › Section 3119.9541 | Rulemaking.

Effective:
April 3, 2024
Latest Legislation:
House Bill 33 - 135th General Assembly
The director of job and family services shall adopt rules in accordance with Chapter 119. of the Revised Code to provide for both of the following:
(A) Requirements for child support enforcement agencies to conduct investigations and issue findings pursuant to sections 3119.955 and 3119.957 of the Revised Code;
(B) Any other standards, forms, or procedures needed to ensure uniform implementation of sections 3119.95 to 3119.9539 of the Revised Code.
Last updated October 3, 2023 at 5:51 PM
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3119 | Calculation of Child Support Obligation - Health Insurance Coverage › Section 3119.96 | Genetic Testing Definitions.

Effective:
March 22, 2001
Latest Legislation:
Senate Bill 180 - 123rd General Assembly
As used in sections 3119.961 to 3119.967 of the Revised Code, "genetic tests" and "genetic testing" have the same meanings as in section 3111.09 of the Revised Code.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3119 | Calculation of Child Support Obligation - Health Insurance Coverage › Section 3119.961 | Motion for Relief From Paternity Determination or Support Order.

Effective:
January 25, 2002
Latest Legislation:
House Bill 208 - 124th General Assembly
(A) Notwithstanding the provisions to the contrary in Civil Rule 60(B) and in accordance with this section, a person may file a motion for relief from a final judgment, court order, or administrative determination or order that determines that the person or a male minor referred to in division (B) of section 3109.19 of the Revised Code is the father of a child or from a child support order under which the person or male minor is the obligor. Except as otherwise provided in this section, the person shall file the motion in the division of the court of common pleas of the county in which the original judgment, court order, or child support order was made or issued or in the division of the court of common pleas of the county that has jurisdiction involving the administrative determination or order. If the determination of paternity is an acknowledgment of paternity that has become final under section 2151.232, 3111.25, or 3111.821 of the Revised Code or former section 3111.211 or 5101.314 of the Revised Code, the person shall file the motion in the juvenile court or other court with jurisdiction of the county in which the person or the child who is the subject of the acknowledgment resides.
(B) On the motion of any adverse party or on its own motion, the court in which an action is brought under this section may transfer the action to the county in which an adverse party resides when it appears to the court that the location of the original venue presents a hardship for that adverse party.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3119 | Calculation of Child Support Obligation - Health Insurance Coverage › Section 3119.963 | Order to Submit to Genetic Tests.

Effective:
March 22, 2001
Latest Legislation:
Senate Bill 180 - 123rd General Assembly
(A) In any action for relief instituted under section 3119.961 of the Revised Code, if the genetic test results submitted pursuant to section 3119.962 of the Revised Code in connection with the motion for relief are solely provided by the moving party, the court, upon its own motion, may order and, upon the motion of any party to the action, shall order the child's mother, the child, and the alleged father to submit to genetic tests. The clerk of the court shall schedule the genetic testing no later than thirty days after the court issues its order.
(B) If the mother is the custodian of the child and willfully fails to submit the child to genetic testing, if the alleged father of the child willfully fails to submit himself to genetic testing, or if the alleged father is the custodian of the child and willfully fails to submit the child to genetic testing, the court shall issue an order determining the motion for relief against the party failing to submit the party or the child to the genetic testing. If a party shows good cause for failing to submit to genetic testing or for failing to submit the child to genetic testing, the court shall not consider the failure to be willful.
(C) The party requesting the genetic tests shall pay any fees charged for the tests, unless the custodian of the child is represented by the child support enforcement agency in its role as the agency providing enforcement of child support orders, in which case the child support enforcement agency shall pay the costs of genetic testing if it requests the tests. The child support enforcement agency or the person who paid the fees charged for the genetic testing may seek reimbursement for the fees from the person against whom the court assesses the costs of the action.
(D) The genetic tests shall be made by qualified examiners who are authorized by the court or the department of job and family services or by a genetic testing laboratory accredited by the american association of blood banks. An examiner conducting a genetic test, upon the completion of the test, shall send a complete report of the test results to the clerk of the court that ordered the test.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3119 | Calculation of Child Support Obligation - Health Insurance Coverage › Section 3119.964 | Effect of Granting Relief From Paternity Determination on Parenting Time Rights.

Effective:
March 22, 2001
Latest Legislation:
Senate Bill 180 - 123rd General Assembly
(A) If a court grants relief from a judgment, order, or determination pursuant to section 3119.962 of the Revised Code and if the person who is relieved or the male minor has been granted parenting time rights pursuant to an order issued under section 3109.051 or 3109.12 of the Revised Code, or if any relative of the person or male minor has been granted companionship or visitation rights with the child pursuant to an order issued under section 3109.051 or 3109.12 of the Revised Code, the court shall determine whether the order granting those rights should be terminated, modified, or continued.
(B) If a court grants relief from a child support order pursuant to section 3119.962 of the Revised Code and support arrearages are owed, the court may issue an order canceling that arrearage. Nothing in this section limits any actions that may be taken by the person or male minor granted relief under this section to recover support paid under the child support order from which relief was granted.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3119 | Calculation of Child Support Obligation - Health Insurance Coverage › Section 3119.965 | Granting Relief From Paternity Determination Does Not Preclude Action to Establish Parent-Child Relationship.

Effective:
March 22, 2001
Latest Legislation:
Senate Bill 180 - 123rd General Assembly
If a court grants a motion that relieves a person or male minor from a judgment, order, or determination under section 3119.962 of the Revised Code, the granting of the motion does not preclude any person from filing, subsequent to the granting of the motion, an action under Chapter 3111. of the Revised Code to establish a parent-child relationship between the person or male minor who was granted relief and the child who is the subject of the judgment, order, or determination from which relief was granted. A person shall not file more than one action of that type under Chapter 3111. of the Revised Code in any two-year period regarding the person or male minor who was granted relief and the child. A court, pursuant to a motion filed under this division and in accordance with Chapter 3111. of the Revised Code, may enter a judgment in the action that determines the existence of a parent-child relationship between the person or male minor granted relief and the child only if genetic tests taken subsequent to the granting of the motion for relief indicate that there is a statistical probability that the party or the male minor is the natural father of the child.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3119 | Calculation of Child Support Obligation - Health Insurance Coverage › Section 3119.966 | Costs and Attorney Fees.

Effective:
March 22, 2001
Latest Legislation:
Senate Bill 180 - 123rd General Assembly
(A) If relief from a child support order is not granted pursuant to section 3119.962 of the Revised Code, the court shall require the person who filed the motion for relief to pay all court costs of the action and the reasonable attorney's fees of the opposing party.
(B) If a person files an action under Chapter 3111. of the Revised Code as described in section 3119.965 of the Revised Code and the court determines that no parent-child relationship exists between the person or the male minor and the child, the court shall require the person who filed the action to pay all court costs of the action and the reasonable attorney's fees of the opposing party.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3119 | Calculation of Child Support Obligation - Health Insurance Coverage › Section 3119.967 | Granting Relief From Paternity Determination Regardless of Date of Order.

Effective:
March 22, 2001
Latest Legislation:
Senate Bill 180 - 123rd General Assembly
Except as otherwise provided in sections 3119.961 to 3119.967 of the Revised Code, a party is entitled to obtain relief under section 3119.962 of the Revised Code regardless of whether the judgment, order, or determination from which relief is sought was issued prior to, on, or after October 27, 2000.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3121 | Collection and Disbursement of Child Support › Section 3121.01 | Collection and Disbursement of Child Support Definitions.

Effective:
February 11, 2019
Latest Legislation:
Senate Bill 70 - 132nd General Assembly
As used in this chapter:
(A) " Administrative child support order," "child support order," "court child support order," "court support order," "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.