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2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3121 | Collection and Disbursement of Child Support › Section 3121.91 | Interstate Cooperation.

Effective:
March 22, 2001
Latest Legislation:
Senate Bill 180 - 123rd General Assembly
The department of job and family services may request the assistance of other states in enforcing support orders issued by the courts and child support enforcement agencies of this state consistent with Title IV-D of the "Social Security Act," 88 Stat. 2351 (1975), 42 U.S.C. 651 et seq., as amended. When support orders issued in other states are being enforced in this state pursuant to Chapters 3115., 3119., 3121., 3123., and 3125. of the Revised Code, the following shall apply:
(A) The department shall use the forms required pursuant to Title IV-D of the "Social Security Act," 88 Stat. 2351 (1975), 42 U.S.C. 651 et seq., as amended.
(B) Except as provided by Chapter 3115. of the Revised Code, a support order issued in a state other than this state that is being administratively enforced in this state pursuant to 42 U.S.C. 666(a)(14)(A) shall not be considered to be transferred to the caseload of any child support enforcement agency of this state or to the department.
The department shall maintain records of the number of requests for assistance received in this state for enforcement of support cases issued by other states, the number of support cases issued by another state under which support was actually collected in this state, and the amount of support collected.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3121 | Collection and Disbursement of Child Support › Section 3121.92 | International Cooperation.

Effective:
March 22, 2001
Latest Legislation:
Senate Bill 180 - 123rd General Assembly
The department of job and family services may enter into an agreement with a foreign country for the establishment of and enforcement of support orders issued under the laws of that country if that country, as part of the agreement, agrees to enforce support orders issued under the laws of this state. The department must provide services under the program of support enforcement established pursuant to this section to a foreign country with which the department has an agreement under this section and to a foreign country declared to be a foreign reciprocating country under Title IV-D of the "Social Security Act," 88 Stat. 2351 (1975), 42 U.S.C. 651 et seq., as amended, that requests the services. The department shall provide the services without imposing an application fee or any other cost on the foreign country or the obligee requesting the services. The department may impose the application fee or other costs on the obligor under the support order. The director of job and family services shall adopt rules pursuant to Chapter 119. of the Revised Code governing the procedure for entering into a contract pursuant to this section, the provisions of the contract, and the provision of support enforcement services, which rules shall be consistent with Title IV-D of the "Social Security Act," 88 Stat. 2351 (1975), 42 U.S.C. 651 et seq., as amended, and regulations adopted under the act.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3121 | Collection and Disbursement of Child Support › Section 3121.99 | Penalty.

Effective:
March 22, 2001
Latest Legislation:
Senate Bill 180 - 123rd General Assembly
(A) Whoever violates section 3121.76 of the Revised Code shall be fined no more than five hundred dollars, or imprisoned not more than six months, or both.
(B) An obligor who violates section 3121.036 or 3121.24 of the Revised Code shall be fined not more than fifty dollars for a first offense, not more than one hundred dollars for a second offense, and not more than five hundred dollars for each subsequent offense.
(C) An employer that violates section 3121.39 of the Revised Code with respect to a court support order may be fined not more than five hundred dollars.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3123 | Defaults Under Child Support Orders › Section 3123.01 | Defaults Under Child Support Orders Definitions.

Effective:
December 13, 2002
Latest Legislation:
House Bill 657 - 124th General Assembly
As used in this chapter:
(A) "Court support order" and "personal earnings" have the same meanings as in section 3119.01 of the Revised Code.
(B) "Default," "financial institution," "income," and "payor" have the same meanings as in section 3121.01 of the Revised Code.
(C) "Default notice" means the notice required by section 3123.03 of the Revised Code.
(D) "Period of default" means the period beginning on the date a default under a support order is identified and ending on the date the total arrearage amount owed under the order is paid.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3123 | Defaults Under Child Support Orders › Section 3123.02 | Investigation After Identification of Default Under Support Order.

Effective:
March 22, 2001
Latest Legislation:
Senate Bill 180 - 123rd General Assembly
Immediately after identification of a default under a support order, the child support enforcement agency shall conduct an investigation to determine the employment status of the obligor, the obligor's social security number, the name and business address of the obligor's employer, whether the obligor is in default under a support order, the amount of any arrearages, and any other information necessary to enable the court or agency to impose any withholding or deduction requirements and issue the related notices described in section 3121.03 of the Revised Code or to issue any court orders described in division (C) or (D) of section 3121.03 of the Revised Code. The agency shall also conduct an investigation under this section when required by section 3119.80 or 3119.81 of the Revised Code and shall complete the investigation within twenty days after the court orders the investigation under section 3119.81 of the Revised Code.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3123 | Defaults Under Child Support Orders › Section 3123.021 | Notifying Employer to Withhold Arrearage Amount.

Effective:
March 21, 2005
Latest Legislation:
House Bill 200 - 125th General Assembly
If an obligor under a support order is identified as being in default under the order and is also identified under section 3121.895 of the Revised Code as obtaining employment, the withholding notice issued under section 3121.03 of the Revised Code shall require the arrearage amount resulting from the default to be withheld in addition to current support amounts.
If an obligor under a support order is identified as being in default under the order and is also identified through a source other than section 3121.895 of the Revised Code as obtaining employment, the child support enforcement agency administering the order shall send a withholding notice to the employer pursuant to section 3121.03 of the Revised Code, unless the employee's income is not subject to withholding, not later than two business days after discovery of the employment. The withholding notice shall require the arrearage amount resulting from the default to be withheld in addition to current support amounts.
Section 3123.21 of the Revised Code applies to a withholding notice issued in accordance with this section beginning on the date it is issued and ending on the date the period of default ends.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3123 | Defaults Under Child Support Orders › Section 3123.022 | Right to Contest.

Effective:
December 13, 2002
Latest Legislation:
House Bill 657 - 124th General Assembly
The issuance of a withholding notice in accordance with section 3123.021 of the Revised Code does not affect the obligor's right to contest pursuant to sections 3123.04 and 3123.05 of the Revised Code an identification of default or the amount of arrearages identified under the default.
The timely filing of a written request or motion for an administrative or court hearing under section 3123.04 or 3123.05 of the Revised Code does not cause the suspension of a withholding notice issued in accordance with section 3123.021 of the Revised Code.
Last updated March 4, 2022 at 4:09 PM
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3123 | Defaults Under Child Support Orders › Section 3123.03 | Sending Default Notice to Obligor.

Effective:
December 13, 2002
Latest Legislation:
House Bill 657 - 124th General Assembly
Within fifteen calendar days after the identification of a default under a support order, the office of child support in the department of job and family services shall send a default notice to the obligor. The default notice shall include a summary of the actions that may be taken against the obligor if the court or agency makes a final and enforceable determination that the obligor is in default. If the location of the obligor is unknown at the time of the identification of a default under the support order, the office shall send the default notice to the obligor's last known address.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3123 | Defaults Under Child Support Orders › Section 3123.031 | Default Notice Contents.

Effective:
February 11, 2019
Latest Legislation:
Senate Bill 70 - 132nd General Assembly
The default notice shall contain all of the following:
(A) The date on which it is issued;
(B) A statement that the obligor is in default under a support order;
(C) The amount of arrearages the obligor owes due to the default as of the date the default notice is issued;
(D) A statement that any arrearages owed by the obligor that arise after the default notice is issued and during the period of default will be added to the obligor's total child support obligation and will be subject to collection efforts without further default notice;
(E) A statement of the types of withholding or deduction requirements and related notices described in section 3121.03 of the Revised Code or the types of court orders described in sections 3121.03, 3121.04 to 3121.08, and 3121.12 of the Revised Code that will be issued for payment of support and arrearages and the amount that will be withheld or deducted pursuant to those requirements;
(F) A statement that any notice for the withholding or deduction of an amount from income or assets applies to all current and subsequent payors of the obligor and financial institutions in which the obligor has an account and that any withholding or deduction requirement and related notice described in section 3121.03 of the Revised Code or any court order described in sections 3121.03, 3121.04 to 3121.08, and 3121.12 of the Revised Code that is issued will not be discontinued solely because the obligor pays arrearages;
(G) A statement that the obligor may file with the child support enforcement agency, within fourteen days after the date on which the default notice is issued, a written request for an administrative hearing under section 3123.04 of the Revised Code;
(H) A statement that, if the obligor files a timely written request for an administrative hearing, the obligor may file with the court, within fourteen days after the agency makes its determinations under the administrative hearing, a written motion for a court hearing under section 3123.05 of the Revised Code;
(I) An explanation of the administrative and court action that will take place if the obligor files a timely written request or motion for an administrative or court hearing;
(J) An explanation of how a final and enforceable determination of default and amount of arrearages is made under sections 3123.032, 3123.04, and 3123.05 of the Revised Code;
(K) A statement that a withholding notice may be issued in accordance with section 3123.021 of the Revised Code if the agency determines the obligor has obtained employment and an explanation of the provisions of section 3123.022 of the Revised Code.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3123 | Defaults Under Child Support Orders › Section 3123.032 | Notice Becomes Final Determination if No Request for Hearing.

Effective:
December 13, 2002
Latest Legislation:
House Bill 657 - 124th General Assembly
(A) If an obligor who has received a default notice under section 3123.03 of the Revised Code fails to make a timely request for an administrative hearing under section 3123.04 of the Revised Code, the default notice becomes a final and enforceable determination by the child support enforcement agency that identified the default of both of the following:
(1) The obligor is in default under the support order.
(2) The amount of the arrearage owed as a result of the default.
(B) If an agency's determination becomes final and enforceable under this section, the agency shall take further action as required under section 3123.06 of the Revised Code.
Last updated March 4, 2022 at 4:10 PM
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3123 | Defaults Under Child Support Orders › Section 3123.034 | Notice Issued Before 12/13/2002.

Effective:
December 13, 2002
Latest Legislation:
House Bill 657 - 124th General Assembly
An advance notice issued under section 3123.03 of the Revised Code as that section existed prior to the effective date of this section shall be treated the same as a default notice issued under section 3123.03 of the Revised Code as amended by this act. If an obligor subject to an advance notice has not exhausted the rights to contest withholding or deduction because of a mistake of fact pursuant to sections 3123.02 to 3123.071 of the Revised Code as those sections existed prior to the effective date of this section, the obligor may proceed in accordance with sections 3123.03 to 3123.06 of the Revised Code as amended by this act at the comparable point of the proceedings.
Last updated December 8, 2023 at 4:19 PM
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3123 | Defaults Under Child Support Orders › Section 3123.04 | Administrative Hearing.

Effective:
February 11, 2019
Latest Legislation:
Senate Bill 70 - 132nd General Assembly
An obligor who receives a default notice under section 3123.03 of the Revised Code may file a written request for an administrative hearing with the child support enforcement agency that identified the default regarding whether a mistake of fact was made in the notice. The request must be filed not later than fourteen days after the date on which the default notice is issued.
If the obligor makes a timely request for a hearing, the agency shall conduct an administrative hearing no later than ten days after the date on which the obligor files the request for the hearing. No later than five days before the date on which the hearing is to be conducted, the agency shall send the obligor and the obligee written notice of the date, time, place, and purpose of the hearing. The notice to the obligor and obligee also shall indicate that the obligor may present testimony and evidence at the hearing only in regard to the issue of whether a mistake of fact was made in the default notice.
At the hearing, the agency shall determine whether a mistake of fact was made in the default notice. The agency shall send its determinations to the obligor. The agency's determinations are final and are enforceable by the court unless, within fourteen days after the agency issues its determinations, the obligor files a written motion with the court for a court hearing to determine whether a mistake of fact still exists in the default notice.
If an agency's determination becomes final and enforceable under this section, the agency shall take further action as required under section 3123.06 of the Revised Code.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3123 | Defaults Under Child Support Orders › Section 3123.05 | Motion for Court Hearing.

Effective:
February 11, 2019
Latest Legislation:
Senate Bill 70 - 132nd General Assembly
If, not later than fourteen days after the child support enforcement agency issues its determinations under section 3123.04 of the Revised Code, the obligor files a written motion for a court hearing to determine whether a mistake of fact still exists in the default notice, the court shall hold a hearing as soon as possible, but not later than ten days, after the motion is filed. Not later than five days before the date on which the court hearing is to be held, the court shall send the obligor and the obligee written notice by ordinary mail of the date, time, place, and purpose of the court hearing. The hearing shall be limited to a determination of whether there is a mistake of fact in the default notice.
At the hearing, the court shall determine whether there is a mistake of fact in the default notice. On the conclusion of the hearing, the court shall make its determination. The determination is final and enforceable. The court shall take further action as provided in section 3123.06 of the Revised Code.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3123 | Defaults Under Child Support Orders › Section 3123.061 | Application of Presumed Minimum Payment Provision.

Effective:
December 13, 2002
Latest Legislation:
House Bill 657 - 124th General Assembly
Section 3123.21 of the Revised Code applies to a withholding or deduction notice or other appropriate order issued under section 3123.06 of the Revised Code as that section existed prior to the effective date of this section beginning on the date the notice or order was issued and ending on the date the period of default ends.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3123 | Defaults Under Child Support Orders › Section 3123.07 | Failing to Give Default Notice.

Effective:
December 13, 2002
Latest Legislation:
House Bill 657 - 124th General Assembly
The failure of the office of child support in the department of job and family services to give the default notice required by section 3123.03 of the Revised Code does not affect the ability of any child support enforcement agency or court to issue any notice or order for the payment of support, does not provide any defense to any notice or order for the payment of support, and does not affect any obligation to pay support.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3123 | Defaults Under Child Support Orders › Section 3123.10 | Duty of Court to Notify Agency.

Effective:
March 22, 2001
Latest Legislation:
Senate Bill 180 - 123rd General Assembly
If any of the following occurs, the court shall notify the child support enforcement agency:
(A) The court is required to issue a withholding or deduction notice under section 3121.03 of the Revised Code or to issue a court order described in division (C) or (D) of that section and fails to do so.
(B) The court issued an order under division (B)(1) of former section 3113.21 of the Revised Code, as it existed immediately preceding December 1, 1986, or issues a withholding or deduction notice under section 3121.03 of the Revised Code or issues a court order described in division (C) or (D) of that section and the court determines that the order or withholding or deduction notice will not ensure payment of the support due under the child support order.
(C) The obligor fails after the issuance of a notice or court order under section 3121.03 of the Revised Code to comply with the notice or court order.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3123 | Defaults Under Child Support Orders › Section 3123.11 | Agency to Notify Obligee of Default.

Effective:
March 22, 2001
Latest Legislation:
Senate Bill 180 - 123rd General Assembly
On receipt of notice under section 3123.10 of the Revised Code, the child support enforcement agency shall notify the obligee of the default, of the obligee's rights and remedies, and that the agency is responsible for enforcing support orders under section 3125.11 of the Revised Code, Title IV-D of the "Social Security Act," 88 Stat. 2351 (1975), 42 U.S.C. 651 et seq., as amended, and Chapter 3125. of the Revised Code. The notice shall contain a printed explanation of the provisions of the Revised Code governing the obligee's rights and remedies.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3123 | Defaults Under Child Support Orders › Section 3123.12 | Keeping Case Files Open.

Effective:
March 22, 2001
Latest Legislation:
Senate Bill 180 - 123rd General Assembly
No child support enforcement agency, solely because the support due under a support order has not been paid or has not been paid periodically or recently, shall consider, list, or otherwise administer the support order or the case pertaining to it as if either were closed or close the files or the case pertaining to the support order.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3123 | Defaults Under Child Support Orders › Section 3123.121 | Rules for Keeping Case Files Open.

Effective:
March 22, 2001
Latest Legislation:
Senate Bill 180 - 123rd General Assembly
The director of job and family services shall adopt, revise, or amend rules under Chapter 119. of the Revised Code to assist in the implementation of section 3123.12 of the Revised Code.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3123 | Defaults Under Child Support Orders › Section 3123.13 | Payment of Arrearage Does Not Terminate Order.

Effective:
March 22, 2001
Latest Legislation:
Senate Bill 180 - 123rd General Assembly
No withholding or deduction notice or other appropriate order described in section 3121.03 of the Revised Code and issued under the Revised Code shall be terminated solely because the obligor pays any part or all of the arrearages under the support order.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3123 | Defaults Under Child Support Orders › Section 3123.14 | Collecting Arrearage Where Order Is Terminated.

Effective:
March 28, 2019
Latest Legislation:
House Bill 366, Senate Bill 70 - 132nd General Assembly
If a child support order is terminated for any reason, the obligor under the child support order is or was at any time in default under the support order and, after the termination of the order, the obligor owes an arrearage under the order, the obligee may make application to the child support enforcement agency that administered the child support order prior to its termination or had authority to administer the child support order to maintain any administrative or judicial action or proceeding to enforce the order on behalf of the obligee to obtain relief. If a withholding or deduction notice is issued pursuant to section 3121.03 of the Revised Code to collect an arrearage, the amount withheld or deducted from the obligor's personal earnings, income, or accounts shall be rebuttably presumed to be at least equal to the amount that was withheld or deducted under the terminated child support order. A court or agency administering the child support order may consider evidence of household expenditures, income variables, extraordinary health care issues, and other reasons for deviation from the presumed amount.
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 3123 | Defaults Under Child Support Orders › Section 3123.15 | Action to Collect Arrearage.

Effective:
March 22, 2001
Latest Legislation:
Senate Bill 180 - 123rd General Assembly
An action or proceeding on behalf of the obligee shall be commenced by the child support enforcement agency as required by section 3123.14 of the Revised Code within twenty days after completion of an application by the obligee.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3123 | Defaults Under Child Support Orders › Section 3123.17 | Issuing or Modifying Support Order When Obligor Is in Default Under Prior Order.

Effective:
December 13, 2002
Latest Legislation:
House Bill 657 - 124th General Assembly
(A) When a court issues or modifies a court support order, the court shall determine the following:
(1) Whether the obligor is in default under a prior court support order or the court support order being modified;
(2) If the obligor is in default, the date the court support order went into default and the amount of support arrearages owed pursuant to the default.
If the court determines the obligor is in default under a support order, the court shall issue a new order requiring the obligor to pay support. If the court determines the default was willful, the court may assess interest on the arrearage amount from the date the court specifies as the date of default to the date the court issues the new order requiring the payment of support and, if interest is assessed, shall compute the interest at the rate specified in section 1343.03 of the Revised Code. The court shall specify in the support order the amount of interest the court assessed against the obligor, if any, and incorporate the amount of interest into the new monthly payment plan.
(B) When a court issues or modifies a court support order, the court may include in the support order a statement ordering either party to pay the costs of the action, including, but not limited to, attorney's fees, fees for genetic tests in contested actions under sections 3111.01 to 3111.18 of the Revised Code, and court costs.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3123 | Defaults Under Child Support Orders › Section 3123.171 | Interest on Support Arrearage.

Effective:
May 17, 2006
Latest Legislation:
House Bill 136 - 126th General Assembly
When a court renders a money judgment for child support, pursuant to a motion for a lump sum judgment filed by an obligee, interest shall accrue on that arrearage unless the court finds that it would be inequitable to assess interest. The interest shall accrue from the date the judgment is rendered to a date certain set for payment of the judgment at a rate specified in section 1343.03 of the Revised Code at the time the judgment is rendered. A court may assess interest on a child support arrearage prior to judgment pursuant to section 3123.17 of the Revised Code. The court shall enter the amount due, including interest, in the journal. If interest is not assessed, the court shall enter the reasons for not assessing interest in the journal.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3123 | Defaults Under Child Support Orders › Section 3123.18 | Final Judgment.

Effective:
December 13, 2002
Latest Legislation:
House Bill 657 - 124th General Assembly
If a court or child support enforcement agency made a final and enforceable determination under sections 3123.02 to 3123.071 of the Revised Code as those sections existed prior to the effective date of this section or makes a final and enforceable determination under sections 3123.01 to 3123.07 of the Revised Code that an obligor is in default under a support order, each payment or installment that was due and unpaid under the support order that is the basis for the default determination plus any arrearage amounts that accrue after the default determination and during the period of default shall be a final judgment which has the full force, effects, and attributes of a judgment entered by a court of this state for which execution may issue under Title XXIII of the Revised Code.
Last updated September 8, 2021 at 5:35 PM
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3123 | Defaults Under Child Support Orders › Section 3123.181 | Certified Pay-Off Statement.

Effective:
December 13, 2002
Latest Legislation:
House Bill 657 - 124th General Assembly
On the request of an obligor, obligee, or authorized representative of an obligor or obligee, the child support enforcement agency administering the order for which a judgment under section 3123.18 of the Revised Code has arisen shall issue to the obligor and obligee or their authorized representatives a certified pay-off statement of the total amount due on the judgment as of the time of the request. The certified pay-off statement shall be valid for a period of thirty days after the date it was issued.
Last updated September 8, 2021 at 5:36 PM
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3123 | Defaults Under Child Support Orders › Section 3123.182 | Obtaining Execution on Certified Pay-Off Statement.

Effective:
December 13, 2002
Latest Legislation:
House Bill 657 - 124th General Assembly
During the period a certified pay-off statement issued under section 3123.181 of the Revised Code is valid, the obligee under the support order for which the statement was issued, or a child support enforcement agency on behalf of the obligee, may bring an action to obtain execution on the certified pay-off statement in the common pleas court that issued the support order or, if the order is an administrative child support order, the common pleas court of the county served by the agency that issued the order. The court shall treat the certified pay-off statement as a rebuttable presumption of the amount of the judgment. The court shall not require the reduction of unpaid support payments and installments or arrearages under the support order for which the certified pay-off statement applies to a lump sum for purposes of execution.
Last updated September 8, 2021 at 5:37 PM
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3123 | Defaults Under Child Support Orders › Section 3123.183 | Applicability of Additional Authority to Collect Arrearage.

Effective:
December 13, 2002
Latest Legislation:
House Bill 657 - 124th General Assembly
Nothing in sections 3123.18 to 3123.182 of the Revised Code limits the applicability of section 3123.22 of the Revised Code.
Last updated September 8, 2021 at 5:38 PM
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3123 | Defaults Under Child Support Orders › Section 3123.19 | Disposing of Payments Received on Arrearage.

Effective:
March 22, 2001
Latest Legislation:
Senate Bill 180 - 123rd General Assembly
If child support arrearages are owed by an obligor to the obligee and to the department of job and family services, any payments received on the arrearages by the office of child support shall be paid in accordance with Title IV-D of the "Social Security Act," 88 Stat. 2351, 42 U.S.C. 651 et seq., as amended, and rules adopted by the director of job and family services.
If an obligor is in default under a support order and has a claim against another person of more than one thousand dollars, the obligor shall notify the child support enforcement agency of the claim, the nature of the claim, and the name of the person against whom the claim exists. If an obligor is in default under a support order and has a claim against another person or is a party in an action for any judgment, the child support enforcement agency or the agency's attorney, on behalf of the obligor, immediately shall file with the court in which the action is pending a motion to intervene in the action or a creditor's bill. The motion to intervene shall be prepared and filed pursuant to Civil Rules 5 and 24(A) and (C).
Nothing in this division shall preclude an obligee from filing a motion to intervene in any action or a creditor's bill.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3123 | Defaults Under Child Support Orders › Section 3123.20 | Employer May Not Penalize Employee for Being Subject to Support Order.

Effective:
March 22, 2001
Latest Legislation:
Senate Bill 180 - 123rd General Assembly
No employer shall discharge an employee for reason of any order issued under the Revised Code to collect support due from the employee under a support order.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3123 | Defaults Under Child Support Orders › Section 3123.21 | Presumed Minimum Payment on Arrearage.

Effective:
January 25, 2002
Latest Legislation:
House Bill 208 - 124th General Assembly
(A) A withholding or deduction notice described in section 3121.03 of the Revised Code or an order to collect current support due under a support order and any arrearage owed by the obligor under a support order pertaining to the same child or spouse shall be rebuttably presumed to provide that the arrearage amount collected with each payment of current support equal at least twenty per cent of the current support payment.
(B) A court or administrative hearing officer may consider evidence of household expenditures, income variables, extraordinary health care issues, and other reasons for a deviation from the twenty per cent presumption.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3123 | Defaults Under Child Support Orders › Section 3123.22 | Additional Authority of Agency to Collect Arrearage.

Effective:
January 25, 2002
Latest Legislation:
House Bill 208 - 124th General Assembly
Except as otherwise provided in this section, if an obligor is paying off an arrearage owed under a support order pursuant to a withholding or deduction notice or order issued under section 3121.03 of the Revised Code, a support order newly issued or modified, or any other order issued to collect the arrearage, the child support enforcement agency administering the notice or order may also take any action, including, but not limited to, any of the following to collect any arrearage amount that has not yet been collected under the notice or order, unless the obligee and obligor agree in a writing signed by the obligee and obligor and approved by the court by journal entry that the additional actions be limited to the actions provided for in division (C) of this section:
(A) Issue one or more withholding or deduction notices under section 3121.03 of the Revised Code;
(B) Collect pursuant to section 3121.12 of the Revised Code a lump sum payment owed to the obligor;
(C) Collect pursuant to sections 3123.81 to 3123.823 of the Revised Code any federal or state income tax refund owed to the obligor;
(D) Issue a withdrawal directive pursuant to sections 3123.24 to 3123.38 of the Revised Code;
(E) Obtain administrative offset pursuant to section 3123.85 of the Revised Code.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3123 | Defaults Under Child Support Orders › Section 3123.23 | Collection of Arrearages From Collateral Sources.

Effective:
September 29, 2007
Latest Legislation:
House Bill 119 - 127th General Assembly
(A) The director of job and family services shall adopt rules under Chapter 119. of the Revised Code to implement a program to collect arrearages owed under child support orders from insurance claims, settlements, awards, and payments based on information obtained pursuant to Title IV-D of the Social Security Act, 42 U.S.C. 652.
(B) Any insurer and any director, agent, or employee authorized to act on behalf of an insurer, that releases information or makes a disclosure in accordance with rules adopted pursuant to this section shall be immune from liability in a civil action for harm resulting from the disclosure.
(C) As used in this section, "insurer" has the same meaning as in section 3901.32 of the Revised Code.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3123 | Defaults Under Child Support Orders › Section 3123.24 | Access Restriction Defined.

Effective:
March 22, 2001
Latest Legislation:
Senate Bill 180 - 123rd General Assembly
For the purposes of sections 3123.24 to 3123.38 of the Revised Code, "access restriction" means that funds may not be withdrawn or transferred.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3123 | Defaults Under Child Support Orders › Section 3123.25 | Account Information of Obligor in Default Entered Into Case Registry.

Effective:
February 11, 2019
Latest Legislation:
Senate Bill 70 - 132nd General Assembly
(A) If, as a result of information obtained pursuant to an agreement under section 3121.74 of the Revised Code, the office of child support in the department of job and family services finds or receives notice that identifies an obligor in default who maintains an account with a financial institution, the office shall, within one business day, enter the information into the case registry established pursuant to section 3121.81 of the Revised Code.
(B) If a child support enforcement agency, upon notice or discovery of an account, determines that an obligor in default under a support order administered by the agency maintains an account in a financial institution, the agency shall determine whether the obligor is subject to a final and enforceable determination of default made under sections 3123.01 to 3123.07 of the Revised Code. If the obligor is subject to a final and enforceable determination of default, the agency may issue an access restriction notice to the financial institution in which the obligor's account is maintained.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3123 | Defaults Under Child Support Orders › Section 3123.26 | Restrictions on Account Placed by Financial Institution.

Effective:
March 22, 2001
Latest Legislation:
Senate Bill 180 - 123rd General Assembly
A financial institution shall promptly place an access restriction on the account of an obligor who maintains an account at the financial institution upon receipt of an access restriction notice with respect to the obligor from the child support enforcement agency. The access restriction shall remain on the account until the financial institution complies with a withdrawal directive under section 3123.37 of the Revised Code or a court or child support enforcement agency orders the financial institution to remove the access restriction. A copy of the access restriction notice shall be sent to the obligor at the same time it is sent to the financial institution.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3123 | Defaults Under Child Support Orders › Section 3123.27 | Investigating Account.

Effective:
February 11, 2019
Latest Legislation:
Senate Bill 70 - 132nd General Assembly
The child support enforcement agency may investigate and determine the amount of funds in the account that is available to satisfy the obligor's arrearages under a support order. The financial institution shall cooperate with the agency's investigation.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3123 | Defaults Under Child Support Orders › Section 3123.28 | Withdrawal Directive.

Effective:
March 22, 2001
Latest Legislation:
Senate Bill 180 - 123rd General Assembly
If a child support enforcement agency that completes an account investigation does not find that any person other than the obligor has an ownership interest in the account, it shall issue a withdrawal directive pursuant to section 3123.37 of the Revised Code.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3123 | Defaults Under Child Support Orders › Section 3123.29 | Notice to Other Person With Ownership Interest in Account.

Effective:
March 22, 2001
Latest Legislation:
Senate Bill 180 - 123rd General Assembly
If a child support enforcement agency finds that a person other than an obligor has an ownership interest in an account, the agency shall send written notice by first-class mail to that person at an address for that person contained in records of the financial institution, except that if the address of that person is not contained in records of the financial institution, the agency shall send the notice to that person in care of another person whose address is contained in records of the financial institution concerning the account.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3123 | Defaults Under Child Support Orders › Section 3123.30 | Notice Contents.

Effective:
February 11, 2019
Latest Legislation:
Senate Bill 70 - 132nd General Assembly
The notice sent under section 3123.29 of the Revised Code shall contain both of the following:
(A) A statement of the date the notice is sent, that another of the account holders is an obligor under a support order, the name of the obligor, that the support order is in default, the amount of the arrearage owed by the obligor as determined by the court or child support enforcement agency, the amount that will be withdrawn, the type of account from which the amount will be withdrawn, and the name of the financial institution from which the amount will be withdrawn;
(B) A statement that the person may object to the withdrawal by filing with the agency, no later than fourteen days after the date on which the notice is issued, a written request for an administrative hearing to determine whether any amount contained in the account is the property of the person to whom the notice is sent and should not be subject to the withdrawal directive.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3123 | Defaults Under Child Support Orders › Section 3123.31 | Administrative Hearing Request.

Effective:
February 11, 2019
Latest Legislation:
Senate Bill 70 - 132nd General Assembly
The person to whom notice is sent under section 3123.29 of the Revised Code shall have fourteen days from the date the notice is issued to object to the withdrawal by filing with the child support enforcement agency that sent the notice a written request for an administrative hearing to determine whether any amount contained in the account is the property of that person and should not be subject to the withdrawal directive.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3123 | Defaults Under Child Support Orders › Section 3123.32 | Withdrawal Directive Where No Hearing Request.

Effective:
March 22, 2001
Latest Legislation:
Senate Bill 180 - 123rd General Assembly
If a person to whom a notice is sent under section 3123.29 of the Revised Code fails to file a timely request for an administrative hearing, the child support enforcement agency that sent the notice shall send a withdrawal directive to the financial institution pursuant to section 3123.37 of the Revised Code. A copy of this notice shall be sent to the obligor.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3123 | Defaults Under Child Support Orders › Section 3123.33 | Hearing.

Effective:
March 22, 2001
Latest Legislation:
Senate Bill 180 - 123rd General Assembly
If a person who received notice under section 3123.29 of the Revised Code requests it in a timely manner, the child support enforcement agency that sent the notice shall conduct an administrative hearing no later than ten days after the date the person files the request for the hearing. No later than five days before the date the hearing is to be conducted, the agency shall send the person written notice of the date, time, place, and purpose of the hearing.
At the hearing, the agency shall determine whether any amount contained in the account is the property of the person who filed the objection. The person may present testimony and evidence at the hearing only in regard to the issue of whether and how much, if any, of the amount contained in the account is the property of the person and should not be subject to withdrawal directive. If the agency determines that any amount contained in the account is the property of the person, the agency shall determine that amount. The agency shall send notice of its determination to the person.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3123 | Defaults Under Child Support Orders › Section 3123.34 | Releasing Access Restriction on Account.

Effective:
February 11, 2019
Latest Legislation:
Senate Bill 70 - 132nd General Assembly
If a child support enforcement agency determines that the total amount in an account is the property of a person who is not the obligor from whom payment is sought, it shall order the financial institution to release the access restriction on the account and shall take no further enforcement action on the account. A copy of this notice shall be sent to the obligor. If the agency determines that some of the funds in the account are the property of the person, it shall order the financial institution to release the access restriction on the account in that amount and shall take no further enforcement action on those funds. A copy of this notice shall be sent to the obligor. The agency shall issue a withdrawal directive pursuant to section 3123.37 of the Revised Code for the remaining funds unless, no later than fourteen days after the agency issues its determination, the person files a written motion with the court of common pleas of the county served by the agency for a hearing to determine whether any amount contained in the account is the property of the person.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3123 | Defaults Under Child Support Orders › Section 3123.35 | Court Determination of Amount of Account Belonging to Other Person.

Effective:
February 11, 2019
Latest Legislation:
Senate Bill 70 - 132nd General Assembly
If the person described in section 3123.34 of the Revised Code files a timely motion with the court that issued the support order or that is located in the county where the child support enforcement agency issued the order, the court shall hold a hearing on the request no later than fourteen days after the request is filed. The person who filed the motion shall be considered a temporary party only for the purposes of objecting to the determination made pursuant to section 3123.33 of the Revised Code. No later than five days before the date on which the hearing is to be held, the court shall send the person written notice by ordinary mail of the date, time, place, and purpose of the hearing. The hearing shall be limited to a determination of how much, if any, of the amount contained in the account is the property of the person.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3123 | Defaults Under Child Support Orders › Section 3123.36 | Court Order for Full or Partial Release of Account.

Effective:
March 22, 2001
Latest Legislation:
Senate Bill 180 - 123rd General Assembly
If the court determines pursuant to a hearing under section 3123.35 of the Revised Code that all of the funds in the account are the property of the person described in section 3123.34 of the Revised Code, it shall order the financial institution to release the access restriction on the account and to take no further enforcement action on the account. If the court determines that some of the funds in the account are the property of the person, it shall determine that amount, order the financial institution to release the access restriction on the account in that amount, and order the agency to take no further enforcement action on those funds. If the court determines that any of the funds in the account are not the property of the person, it shall issue a withdrawal directive pursuant to section 3123.37 of the Revised Code.