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2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3115 | Uniform Interstate Family Support Act of 2008 › Section 3115.507 | Administrative Enforcement of Orders.

Effective:
January 1, 2016
Latest Legislation:
House Bill 64 - 131st General Assembly
(A) A party or support enforcement agency seeking to enforce a support order or an income-withholding order, or both, issued in another state or a foreign support order may send the documents required for registering the order to a support enforcement agency of this state.
(B) Upon receipt of the documents, the support enforcement agency, without initially seeking to register the order, shall consider and, if appropriate, use any administrative procedure authorized by the law of this state to enforce a support order or income-withholding order, or both. If the obligor does not contest administrative enforcement, the order need not be registered. If the obligor contests the validity or administrative enforcement of the order, the support enforcement agency shall register the order pursuant to this chapter.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3115 | Uniform Interstate Family Support Act of 2008 › Section 3115.601 | Registration of Order of Enforcement.

Effective:
January 1, 2016
Latest Legislation:
House Bill 64 - 131st General Assembly
A support order or income-withholding order issued in another state or a foreign support order may be registered in this state for enforcement.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3115 | Uniform Interstate Family Support Act of 2008 › Section 3115.602 | Procedure to Register Order for Enforcement.

Effective:
January 1, 2016
Latest Legislation:
House Bill 64 - 131st General Assembly
(A) Except as otherwise provided in section 3115.706 of the Revised Code, a support order or income-withholding order of another state or a foreign support order may be registered in this state by sending the following records to the appropriate tribunal in this state:
(1) A letter of transmittal to the tribunal requesting registration and enforcement;
(2) Two copies, including one certified copy, of the order to be registered, including any modification of the order;
(3) A sworn statement by the person requesting registration or a certified statement by the custodian of the records showing the amount of any arrearage;
(4) The name of the obligor and, if known, all of the following:
(a) The obligor's address and social security number;
(b) The name and address of the obligor's employer or other payor and any other source of income of the obligor;
(c) A description and the location of property of the obligor in this state not exempt from execution.
(5) Except as otherwise provided in section 3115.312 of the Revised Code, the name and address of the obligee and, if applicable, the person to whom support payments are to be remitted.
(B) On receipt of a request for registration, the registering tribunal shall cause the order to be filed as an order of a tribunal of another state or a foreign support order, together with one copy of the documents and information, regardless of their form.
(C) A petition or comparable pleading seeking a remedy that must be affirmatively sought under other law of this state may be filed at the same time as the request for registration or later. The pleading must specify the grounds for the remedy sought.
(D) If two or more orders are in effect, the person requesting registration shall do all of the following:
(1) Furnish to the tribunal a copy of every support order asserted to be in effect in addition to the documents specified in this section;
(2) Specify the order alleged to be the controlling order, if any; and
(3) Specify the amount of consolidated arrears, if any.
(E) A request for a determination of which is the controlling order may be filed separately or with a request for registration and enforcement or for registration and modification. The person requesting registration shall give notice of the request to each party whose rights may be affected by the determination.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3115 | Uniform Interstate Family Support Act of 2008 › Section 3115.603 | Effect of Registration for Enforcement.

Effective:
January 1, 2016
Latest Legislation:
House Bill 64 - 131st General Assembly
(A) A support order or income-withholding order issued in another state or a foreign support order is registered when the order is filed in the registering tribunal of this state.
(B) A registered support order issued in another state or a foreign country is enforceable in the same manner and is subject to the same procedures as an order issued by a tribunal of this state.
(C) Except as otherwise provided in this chapter, a tribunal of this state shall recognize and enforce, but may not modify, a registered support order if the issuing tribunal had jurisdiction.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3115 | Uniform Interstate Family Support Act of 2008 › Section 3115.604 | Choice of Law.

Effective:
January 1, 2016
Latest Legislation:
House Bill 64 - 131st General Assembly
(A) Except as otherwise provided in division (D) of this section, the law of the issuing state or foreign country governs all of the following:
(1) The nature, extent, amount, and duration of current payments under a registered support order;
(2) The computation and payment of arrearages and accrual of interest on the arrearages under the support order;
(3) The existence and satisfaction of other obligations under the support order.
(B) In a proceeding for arrears under a registered support order, the statute of limitation of this state, or of the issuing state or foreign country, whichever is longer, applies.
(C) A responding tribunal of this state shall apply the procedures and remedies of this state to enforce current support and collect arrears and interest due on a support order of another state or a foreign country registered in this state.
(D) After a tribunal of this state or another state determines which is the controlling order and issues an order consolidating arrears, if any, a tribunal of this state shall prospectively apply the law of the state or foreign country issuing the controlling order, including its law on interest on arrears, on current and future support, and on consolidated arrears.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3115 | Uniform Interstate Family Support Act of 2008 › Section 3115.605 | Notice of Registration of Order.

Effective:
January 1, 2016
Latest Legislation:
House Bill 64 - 131st General Assembly
(A) When a support order or income-withholding order issued in another state or a foreign support order is registered, the registering tribunal of this state shall notify the nonregistering party. The notice must be accompanied by a copy of the registered order and the documents and relevant information accompanying the order.
(B) A notice must inform the nonregistering party of all of the following:
(1) That a registered support order is enforceable as of the date of registration in the same manner as an order issued by a tribunal of this state;
(2) That a hearing to contest the validity or enforcement of the registered order must be requested within twenty days after notice unless the registered order is under section 3115.707 of the Revised Code;
(3) That failure to contest the validity or enforcement of the registered order in a timely manner will result in confirmation of the order and enforcement of the order and the alleged arrearages;
(4) The amount of any alleged arrearages.
(C) If the registering party asserts that two or more orders are in effect, a notice must also do all of the following:
(1) Identify the two or more orders and the order alleged by the registering party to be the controlling order and the consolidated arrears, if any;
(2) Notify the nonregistering party of the right to a determination of which is the controlling order;
(3) State that the procedures provided in division (B) of this section apply to the determination of which is the controlling order;
(4) State that failure to contest the validity or enforcement of the order alleged to be the controlling order in a timely manner may result in confirmation that the order is the controlling order.
(D) Upon registration of an income-withholding order for enforcement, the support enforcement agency or the registering tribunal shall notify the obligor's employer or other payor pursuant to Chapter 3121. of the Revised Code.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3115 | Uniform Interstate Family Support Act of 2008 › Section 3115.606 | Procedure to Contest Validity or Enforcement of Registered Support Order.

Effective:
January 1, 2016
Latest Legislation:
House Bill 64 - 131st General Assembly
(A) A nonregistering party seeking to contest the validity or enforcement of a registered support order in this state shall request a hearing within the time required by section 3115.605 of the Revised Code. The nonregistering party may seek to vacate the registration, to assert any defense to an allegation of noncompliance with the registered order, or to contest the remedies being sought or the amount of any alleged arrearages pursuant to section 3115.607 of the Revised Code.
(B) If the nonregistering party fails to contest the validity or enforcement of the registered support order in a timely manner, the order is confirmed by operation of law.
(C) If a nonregistering party requests a hearing to contest the validity or enforcement of the registered support order, the registering tribunal shall schedule the matter for hearing and give notice to the parties of the date, time, and place of the hearing.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3115 | Uniform Interstate Family Support Act of 2008 › Section 3115.607 | Contest of Registration or Enforcement.

Effective:
January 1, 2016
Latest Legislation:
House Bill 64 - 131st General Assembly
(A) A party contesting the validity or enforcement of a registered support order or seeking to vacate the registration has the burden of proving one or more of the following defenses:
(1) The issuing tribunal lacked personal jurisdiction over the contesting party.
(2) The order was obtained by fraud.
(3) The order has been vacated, suspended, or modified by a later order.
(4) The issuing tribunal has stayed the order pending appeal.
(5) There is a defense under the law of this state to the remedy sought.
(6) Full or partial payment has been made.
(7) The statute of limitation under section 3115.604 of the Revised Code precludes enforcement of some or all of the alleged arrearages.
(8) The alleged controlling order is not the controlling order.
(B) If a party presents evidence establishing a full or partial defense under division (A) of this section, a tribunal may stay enforcement of a registered support order, continue the proceeding to permit production of additional relevant evidence, and issue other appropriate orders. An uncontested portion of the registered support order may be enforced by all remedies available under the law of this state.
(C) If the contesting party does not establish a defense under division (A) of this section to the validity or enforcement of a registered support order, the registering tribunal shall issue an order confirming the order.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3115 | Uniform Interstate Family Support Act of 2008 › Section 3115.608 | Confirmed Order.

Effective:
January 1, 2016
Latest Legislation:
House Bill 64 - 131st General Assembly
Confirmation of a registered support order, whether by operation of law or after notice and hearing, precludes further contest of the order with respect to any matter that could have been asserted at the time of registration.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3115 | Uniform Interstate Family Support Act of 2008 › Section 3115.609 | Procedure to Register Child-Support Order of Another State for Modification.

Effective:
January 1, 2016
Latest Legislation:
House Bill 64 - 131st General Assembly
A party or support enforcement agency seeking to modify, or to modify and enforce, a child-support order issued in another state shall register that order in this state in the same manner provided in sections 3115.601 to 3115.608 of the Revised Code if the order has not been registered. A petition for modification may be filed at the same time as a request for registration, or later. The pleading must specify the grounds for modification.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3115 | Uniform Interstate Family Support Act of 2008 › Section 3115.610 | Effect of Registration or Modification.

Effective:
January 1, 2016
Latest Legislation:
House Bill 64 - 131st General Assembly
A tribunal of this state may enforce a child-support order of another state registered for purposes of modification, in the same manner as if the order had been issued by a tribunal of this state, but the registered support order may be modified only if the requirements of section 3115.611 or 3115.613 of the Revised Code have been met.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3115 | Uniform Interstate Family Support Act of 2008 › Section 3115.611 | Modification of Child-Support Order of Another State.

Effective:
January 1, 2016
Latest Legislation:
House Bill 64 - 131st General Assembly
(A) If section 3115.613 of the Revised Code does not apply, upon petition a tribunal of this state may modify a child-support order issued in another state which is registered in this state if, after notice and hearing, the tribunal finds either of the following:
(1) That all of the following requirements are met:
(a) Neither the child, nor the obligee who is an individual, nor the obligor resides in the issuing state;
(b) A petitioner who is a nonresident of this state seeks modification; and
(c) The respondent is subject to the personal jurisdiction of the tribunal of this state.
(2) That this state is the residence of the child, or a party who is an individual is subject to the personal jurisdiction of the tribunal of this state, and all of the parties who are individuals have filed consents in a record in the issuing tribunal for a tribunal of this state to modify the support order and assume continuing, exclusive jurisdiction.
(B) Modification of a registered child-support order is subject to the same requirements, procedures, and defenses that apply to the modification of an order issued by a tribunal of this state and the order may be enforced and satisfied in the same manner.
(C) A tribunal of this state may not modify any aspect of a child-support order that may not be modified under the law of the issuing state, including the duration of the obligation of support. If two or more tribunals have issued child-support orders for the same obligor and same child, the order that controls and must be so recognized under section 3115.207 of the Revised Code establishes the aspects of the support order which are nonmodifiable.
(D) In a proceeding to modify a child-support order, the law of the state that is determined to have issued the initial controlling order governs the duration of the obligation of support. The obligor's fulfillment of the duty of support established by that order precludes imposition of a further obligation of support by a tribunal of this state.
(E) On the issuance of an order by a tribunal of this state modifying a child-support order issued in another state, the tribunal of this state becomes the tribunal having continuing, exclusive jurisdiction.
(F) Notwithstanding divisions (A) to (E) of this section and division (B) of section 3115.201 of the Revised Code, a tribunal of this state retains jurisdiction to modify an order issued by a tribunal of this state if both of the following apply:
(1) One party resides in another state.
(2) The other party resides outside the United States.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3115 | Uniform Interstate Family Support Act of 2008 › Section 3115.612 | Recognition of Order Modified in Another State.

Effective:
January 1, 2016
Latest Legislation:
House Bill 64 - 131st General Assembly
If a child-support order issued by a tribunal of this state is modified by a tribunal of another state which assumed jurisdiction pursuant to its uniform interstate family support act, a tribunal of this state:
(A) May enforce its order that was modified only as to arrears and interest accruing before the modification;
(B) May provide appropriate relief for violations of its order that occurred before the effective date of the modification;
(C) Shall recognize the modifying order of the other state, upon registration, for the purpose of enforcement.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3115 | Uniform Interstate Family Support Act of 2008 › Section 3115.613 | Jurisdiction to Modify Child-Support Order of Another State When Individual Parties Reside in This State.

Effective:
January 1, 2016
Latest Legislation:
House Bill 64 - 131st General Assembly
(A) If all of the parties who are individuals reside in this state and the child does not reside in the issuing state, a court of this state has jurisdiction to enforce and to modify the issuing state's child-support order in a proceeding to register that order.
(B) A court of this state exercising jurisdiction under this section shall apply the provisions of sections 3115.102 to 3115.211 and sections 3115.601 to 3115.616 of the Revised Code and the procedural and substantive law of this state to the proceeding for enforcement or modification. Sections 3115.301 to 3115.507 and sections 3115.701 to 3115.802 of the Revised Code do not apply.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3115 | Uniform Interstate Family Support Act of 2008 › Section 3115.614 | Notice to Issuing Tribunal of Modification.

Effective:
January 1, 2016
Latest Legislation:
House Bill 64 - 131st General Assembly
Within thirty days after issuance of a modified child-support order, the party obtaining the modification shall file a certified copy of the order with the issuing tribunal that had continuing, exclusive jurisdiction over the earlier order, and in each tribunal in which the party knows the earlier order has been registered. A party who obtains the order and fails to file a certified copy is subject to appropriate sanctions by a tribunal in which the issue of failure to file arises. The failure to file does not affect the validity or enforceability of the modified order of the new tribunal having continuing, exclusive jurisdiction.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3115 | Uniform Interstate Family Support Act of 2008 › Section 3115.615 | Jurisdiction to Modify Child-Support Order of Foreign Country.

Effective:
January 1, 2016
Latest Legislation:
House Bill 64 - 131st General Assembly
(A) Except as otherwise provided in section 3115.711 of the Revised Code, if a foreign country lacks or refuses to exercise jurisdiction to modify its child-support order pursuant to its laws, a court of this state may assume jurisdiction to modify the child-support order and bind all individuals subject to the personal jurisdiction of the court whether the consent to modification of a child-support order otherwise required of the individual pursuant to section 3115.611 of the Revised Code has been given or whether the individual seeking modification is a resident of this state or of the foreign country.
(B) An order issued by a court of this state modifying a foreign child-support order pursuant to this section is the controlling order.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3115 | Uniform Interstate Family Support Act of 2008 › Section 3115.616 | Procedure to Register Child-Support Order of Foreign Country for Modification.

Effective:
January 1, 2016
Latest Legislation:
House Bill 64 - 131st General Assembly
A party or support enforcement agency seeking to modify, or to modify and enforce, a foreign child-support order not under the convention may register that order in this state under sections 3115.601 to 3115.608 of the Revised Code if the order has not been registered. A petition for modification may be filed at the same time as a request for registration, or at another time. The petition must specify the grounds for modification.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3115 | Uniform Interstate Family Support Act of 2008 › Section 3115.701 | Definitions.

Effective:
January 1, 2016
Latest Legislation:
House Bill 64 - 131st General Assembly
As used in sections 3115.701 to 3115.713 of the Revised Code:
(A) "Application" means a request under the convention by an obligee or obligor, or on behalf of a child, made through a central authority for assistance from another central authority.
(B) "Central authority" means the entity designated by the United States or a foreign country described in division (E)(4) of section 3115.102 of the Revised Code to perform the functions specified in the convention.
(C) "Convention support order" means a support order of a tribunal of a foreign country described in division (E)(4) of section 3115.102 of the Revised Code.
(D) "Direct request" means a petition filed by an individual in a tribunal of this state in a proceeding involving an obligee, obligor, or child residing outside the United States.
(E) "Foreign central authority" means the entity designated by a foreign country described in division (E)(4) of section 3115.102 of the Revised Code to perform the functions specified in the convention.
(F) "Foreign support agreement" means an agreement that meets the following criteria:
(1) It is an agreement for support in a record to which all of the following apply:
(a) It is enforceable as a support order in the country of origin.
(b) One of the following applies:
(i) It has been formally drawn up or registered as an authentic instrument by a foreign tribunal; or
(ii) It has been authenticated by, or concluded, registered, or filed with a foreign tribunal.
(c) It may be reviewed and modified by a foreign tribunal.
(2) It includes a maintenance arrangement or authentic instrument under the convention.
(G) "United States central authority" means the secretary of the United States department of health and human services.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3115 | Uniform Interstate Family Support Act of 2008 › Section 3115.702 | Application of Convention.

Effective:
January 1, 2016
Latest Legislation:
House Bill 64 - 131st General Assembly
Sections 3115.701 to 3115.713 of the Revised Code apply only to a support proceeding under the convention. In such a proceeding, if a provision of sections 3115.701 to 3115.713 of the Revised Code is inconsistent with sections 3115.102 to 3115.616 of the Revised Code, sections 3115.701 to 3115.713 control.
Last updated May 6, 2021 at 2:29 PM
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3115 | Uniform Interstate Family Support Act of 2008 › Section 3115.703 | Relationship of Department to United States Central Authority.

Effective:
January 1, 2016
Latest Legislation:
House Bill 64 - 131st General Assembly
The department of job and family services is recognized as the agency designated by the United States central authority to perform specific functions under the convention.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3115 | Uniform Interstate Family Support Act of 2008 › Section 3115.704 | Initiation by Support Agency of Support Proceeding Under Convention.

Effective:
January 1, 2016
Latest Legislation:
House Bill 64 - 131st General Assembly
(A) In a support proceeding under sections 3115.701 to 3115.713 of the Revised Code, the support enforcement agency shall do both of the following:
(1) Transmit and receive applications;
(2) Initiate or facilitate the institution of a proceeding regarding an application in a court of this state.
(B) The following support proceedings are available to an obligee under the convention:
(1) Recognition or recognition and enforcement of a foreign support order;
(2) Enforcement of a support order issued or recognized in this state;
(3) Establishment of a support order if there is no existing order, including, if necessary, determination of parentage of a child;
(4) Establishment of a support order if recognition of a foreign support order is refused under division (B)(2), (4), or (9) of section 3115.708 of the Revised Code;
(5) Modification of a support order of a tribunal of this state;
(6) Modification of a support order of a tribunal of another state or a foreign country.
(C) The following support proceedings are available under the convention to an obligor against which there is an existing support order:
(1) Recognition of an order suspending or limiting enforcement of an existing support order of a tribunal of this state;
(2) Modification of a support order of a tribunal of this state;
(3) Modification of a support order of a tribunal of another state or a foreign country.
(D) A tribunal of this state may not require security, bond, or deposit, however described, to guarantee the payment of costs and expenses in proceedings under the convention.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3115 | Uniform Interstate Family Support Act of 2008 › Section 3115.705 | Direct Request.

Effective:
January 1, 2016
Latest Legislation:
House Bill 64 - 131st General Assembly
(A) A petitioner may file a direct request seeking establishment or modification of a support order or determination of parentage of a child. In the proceeding, the law of this state applies.
(B) A petitioner may file a direct request seeking recognition and enforcement of a support order or support agreement. In the proceeding, sections 3115.706 to 3115.713 of the Revised Code apply.
(C) In a direct request for recognition and enforcement of a convention support order or foreign support agreement, both of the following apply:
(1) A security, bond, or deposit is not required to guarantee the payment of costs and expenses.
(2) An obligee or obligor that in the issuing country has benefited from free legal assistance is entitled to benefit, at least to the same extent, from any free legal assistance provided for by the law of this state under the same circumstances.
(D) A petitioner filing a direct request is not entitled to assistance from the support enforcement agency.
(E) Sections 3115.701 to 3115.713 of the Revised Code do not prevent the application of laws of this state that provide simplified, more expeditious rules regarding a direct request for recognition and enforcement of a foreign support order or foreign support agreement.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3115 | Uniform Interstate Family Support Act of 2008 › Section 3115.706 | Registration of Convention Support Order.

Effective:
January 1, 2016
Latest Legislation:
House Bill 64 - 131st General Assembly
(A) Except as otherwise provided in sections 3115.701 to 3115.713 of the Revised Code, a party who is an individual or a support enforcement agency seeking recognition of a convention support order shall register the order in this state as provided in sections 3115.601 to 3115.616 of the Revised Code.
(B) Notwithstanding sections 3115.311 and division (A) of section 3115.602 of the Revised Code, a request for registration of a convention support order must be accompanied by all of the following:
(1) A complete text of the support order or an abstract or extract of the support order drawn up by the issuing foreign tribunal, which may be in the form recommended by the Hague conference on private international law;
(2) A record stating that the support order is enforceable in the issuing country;
(3) If the respondent did not appear and was not represented in the proceedings in the issuing country, a record attesting, as appropriate, either that the respondent had proper notice of the proceedings and an opportunity to be heard or that the respondent had proper notice of the support order and an opportunity to be heard in a challenge or appeal on fact or law before a tribunal;
(4) A record showing the amount of arrears, if any, and the date the amount was calculated;
(5) A record showing a requirement for automatic adjustment of the amount of support, if any, and the information necessary to make the appropriate calculations; and
(6) If necessary, a record showing the extent to which the applicant received free legal assistance in the issuing country.
(C) A request for registration of a convention support order may seek recognition and partial enforcement of the order.
(D) A court of this state may vacate the registration of a convention support order without the filing of a contest under section 3115.707 of the Revised Code only if, acting on its own motion, the court finds that recognition and enforcement of the order would be manifestly incompatible with public policy.
(E) The court shall promptly notify the parties of the registration or the order vacating the registration of a convention support order.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3115 | Uniform Interstate Family Support Act of 2008 › Section 3115.707 | Contest of Registered Convention Support Order.

Effective:
January 1, 2016
Latest Legislation:
House Bill 64 - 131st General Assembly
(A) Except as otherwise provided in sections 3115.701 to 3115.713 of the Revised Code, sections 3115.605 to 3115.608 of the Revised Code apply to a contest of a registered convention support order.
(B) A party contesting a registered convention support order shall file a contest not later than thirty days after notice of the registration, but if the contesting party does not reside in the United States, the contest must be filed not later than sixty days after notice of the registration.
(C) If the nonregistering party fails to contest the registered convention support order by the time specified in division (B) of this section, the order is enforceable.
(D) A contest of a registered convention support order may be based only on grounds set forth in section 3115.708 of the Revised Code. The contesting party bears the burden of proof.
(E) In a contest of a registered convention support order, both of the following apply:
(1) A court of this state is bound by the findings of fact on which the foreign tribunal based its jurisdiction.
(2) A court of this state may not review the merits of the order.
(F) A court of this state deciding a contest of a registered convention support order shall promptly notify the parties of its decision.
(G) A challenge or appeal, if any, does not stay the enforcement of a convention support order unless there are exceptional circumstances.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3115 | Uniform Interstate Family Support Act of 2008 › Section 3115.708 | Recognition and Enforcement of Registered Convention Support Order.

Effective:
January 1, 2016
Latest Legislation:
House Bill 64 - 131st General Assembly
(A) Except as otherwise provided in division (B) of this section, a court of this state shall recognize and enforce a registered convention support order.
(B) The following grounds are the only grounds on which a court of this state may refuse recognition and enforcement of a registered convention support order:
(1) Recognition and enforcement of the order is manifestly incompatible with public policy, including the failure of the issuing tribunal to observe minimum standards of due process, which include notice and an opportunity to be heard.
(2) The issuing tribunal lacked personal jurisdiction consistent with section 3115.201 of the Revised Code.
(3) The order is not enforceable in the issuing country.
(4) The order was obtained by fraud in connection with a matter of procedure.
(5) A record transmitted in accordance with section 3115.706 of the Revised Code lacks authenticity or integrity.
(6) A proceeding between the same parties and having the same purpose is pending before a tribunal of this state and that proceeding was the first to be filed.
(7) The order is incompatible with a more recent support order involving the same parties and having the same purpose if the more recent support order is entitled to recognition and enforcement under this chapter in this state.
(8) Payment, to the extent alleged arrears have been paid in whole or in part;
(9) In a case in which the respondent neither appeared nor was represented in the proceeding in the issuing foreign country either of the following applies:
(a) If the law of that country provides for prior notice of proceedings, the respondent did not have proper notice of the proceedings and an opportunity to be heard.
(b) If the law of that country does not provide for prior notice of the proceedings, the respondent did not have proper notice of the order and an opportunity to be heard in a challenge or appeal on fact or law before a tribunal.
(10) The order was made in violation of section 3115.711 of the Revised Code.
(C) If a court of this state does not recognize a convention support order under division (B)(2), (4), or (9) of this section, both of the following apply:
(1) The court may not dismiss the proceeding without allowing a reasonable time for a party to request the establishment of a new convention support order.
(2) The support enforcement agency shall take all appropriate measures to request a child-support order for the obligee if the application for recognition and enforcement was received under section 3115.704 of the Revised Code.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3115 | Uniform Interstate Family Support Act of 2008 › Section 3115.709 | Partial Enforcement.

Effective:
January 1, 2016
Latest Legislation:
House Bill 64 - 131st General Assembly
If a court of this state does not recognize and enforce a convention support order in its entirety, it shall enforce any severable part of the order. An application or direct request may seek recognition and partial enforcement of a convention support order.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3115 | Uniform Interstate Family Support Act of 2008 › Section 3115.710 | Foreign Support Agreement.

Effective:
January 1, 2016
Latest Legislation:
House Bill 64 - 131st General Assembly
(A) Except as otherwise provided in divisions (C) and (D) of this section, a court of this state shall recognize and enforce a foreign support agreement registered in this state.
(B) An application or direct request for recognition and enforcement of a foreign support agreement must be accompanied by both of the following:
(1) A complete text of the foreign support agreement;
(2) A record stating that the foreign support agreement is enforceable as an order of support in the issuing country.
(C) A court of this state may vacate the registration of a foreign support agreement only if, acting on its own motion, the court finds that recognition and enforcement would be manifestly incompatible with public policy.
(D) In a contest of a foreign support agreement, a court of this state may refuse recognition and enforcement of the agreement if it finds any of the following:
(1) Recognition and enforcement of the agreement is manifestly incompatible with public policy.
(2) The agreement was obtained by fraud or falsification.
(3) The agreement is incompatible with a support order involving the same parties and having the same purpose in this state, another state, or a foreign country if the support order is entitled to recognition and enforcement under this chapter in this state.
(4) The record submitted under division (B) of this section lacks authenticity or integrity.
(E) A proceeding for recognition and enforcement of a foreign support agreement must be suspended during the pendency of a challenge to or appeal of the agreement before a tribunal of another state or a foreign country.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3115 | Uniform Interstate Family Support Act of 2008 › Section 3115.711 | Modification of Convention Child-Support Order.

Effective:
January 1, 2016
Latest Legislation:
House Bill 64 - 131st General Assembly
(A) A court of this state may not modify a convention child-support order if the obligee remains a resident of the foreign country where the support order was issued unless one of the following applies:
(1) The obligee submits to the jurisdiction of a court of this state, either expressly or by defending on the merits of the case without objecting to the jurisdiction at the first available opportunity.
(2) The foreign tribunal lacks or refuses to exercise jurisdiction to modify its support order or issue a new support order.
(B) If a court of this state does not modify a convention child-support order because the order is not recognized in this state, division (C) of section 3115.708 of the Revised Code applies.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3115 | Uniform Interstate Family Support Act of 2008 › Section 3115.712 | Personal Information; Limit on Use.

Effective:
January 1, 2016
Latest Legislation:
House Bill 64 - 131st General Assembly
Personal information gathered or transmitted under sections 3115.701 to 3115.713 of the Revised Code may be used only for the purposes for which it was gathered or transmitted.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3115 | Uniform Interstate Family Support Act of 2008 › Section 3115.713 | Record in Original Language; English Translation.

Effective:
January 1, 2016
Latest Legislation:
House Bill 64 - 131st General Assembly
A record filed with a court of this state under sections 3115.701 to 3115.713 of the Revised Code must be in the original language and, if not in English, must be accompanied by an English translation.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3115 | Uniform Interstate Family Support Act of 2008 › Section 3115.801 | Grounds for Rendition.

Effective:
January 1, 2016
Latest Legislation:
House Bill 64 - 131st General Assembly
(A) For purposes of sections 3115.801 to 3115.802 of the Revised Code, "governor" includes an individual performing the functions of governor or the executive authority of a state covered by this chapter.
(B) The governor of this state may do either of the following:
(1) Demand that the governor of another state surrender an individual found in the other state who is charged criminally in this state with having failed to provide for the support of an obligee;
(2) On the demand of the governor of another state, surrender an individual found in this state who is charged criminally in the other state with having failed to provide for the support of an obligee.
(C) A provision for extradition of individuals not inconsistent with this chapter applies to the demand even if the individual whose surrender is demanded was not in the demanding state when the crime was allegedly committed and has not fled therefrom.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3115 | Uniform Interstate Family Support Act of 2008 › Section 3115.802 | Conditions of Rendition.

Effective:
January 1, 2016
Latest Legislation:
House Bill 64 - 131st General Assembly
(A) Before making a demand that the governor of another state surrender an individual charged criminally in this state with having failed to provide for the support of an obligee, the governor of this state may require a prosecutor of this state to demonstrate that at least sixty days previously the obligee had initiated proceedings for support pursuant to this chapter or that the proceeding would be of no avail.
(B) If, under this chapter or a law substantially similar to this chapter, the governor of another state makes a demand that the governor of this state surrender an individual charged criminally in that state with having failed to provide for the support of a child or other individual to whom a duty of support is owed, the governor may require a prosecutor to investigate the demand and report whether a proceeding for support has been initiated or would be effective. If it appears that a proceeding would be effective but has not been initiated, the governor may delay honoring the demand for a reasonable time to permit the initiation of a proceeding.
(C) If a proceeding for support has been initiated and the individual whose rendition is demanded prevails, the governor may decline to honor the demand. If the petitioner prevails and the individual whose rendition is demanded is subject to a support order, the governor may decline to honor the demand if the individual is complying with the support order.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3115 | Uniform Interstate Family Support Act of 2008 › Section 3115.901 | Uniformity of Application and Construction.

Effective:
January 1, 2016
Latest Legislation:
House Bill 64 - 131st General Assembly
In applying and construing this chapter, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3115 | Uniform Interstate Family Support Act of 2008 › Section 3115.902 | Transitional Provisions.

Effective:
January 1, 2016
Latest Legislation:
House Bill 64 - 131st General Assembly
This chapter applies to proceedings begun on or after January 1, 2016, to establish a support order or determine parentage of a child or to register, recognize, enforce, or modify a prior support order, determination, or agreement, whenever issued or entered.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3115 | Uniform Interstate Family Support Act of 2008 › Section 3115.903 | Severability.

Effective:
January 1, 2016
Latest Legislation:
House Bill 64 - 131st General Assembly
If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter that can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3117 | Conciliation of Marital Controversies › Section 3117.01 | Determination of Necessity of Conciliation Procedures.

Effective:
November 19, 1969
Latest Legislation:
Senate Bill 74 - 108th General Assembly
Chapter 3117. of the Revised Code is applicable only in counties in which the court of common pleas determines that social conditions and the number of domestic relations cases in the county render the conciliation procedures provided necessary to proper consideration of such cases or to effectuate conciliation of marital controversies. Such determination shall be made by the judge of the court of common pleas in counties having only one such judge, or by a majority of the judges of the court of common pleas in counties having more than one such judge. A determination to terminate such procedures may be made in the same manner.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3117 | Conciliation of Marital Controversies › Section 3117.02 | Judges Hearing Conciliation Cases.

Effective:
December 4, 1995
Latest Legislation:
House Bill 151 - 121st General Assembly
(A) Judges elected under section 2301.03 of the Revised Code as judges of the court of common pleas, division of domestic relations, shall hear all conciliation cases.
(B) In counties having more than one judge of the court of common pleas, but no division of domestic relations, the presiding judge or the judges of that court shall designate, in January of each year, one or more of their number to hear all conciliation cases. A conciliation judge may request that any case before him be assigned by the presiding judge for hearing or other proceedings by any other common pleas judge, whenever in the opinion of the conciliation judge the assignment is necessary to expedite any case. When any case is so assigned, the judge to whom it is assigned acts as a conciliation judge.
(C) The presiding judge of the court of common pleas may appoint a judge of the court of common pleas to act as conciliation judge during any period when a conciliation judge is on vacation, is absent, or is for any reason unable to perform his duties.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3117 | Conciliation of Marital Controversies › Section 3117.03 | Conciliation Counselors.

Effective:
November 19, 1969
Latest Legislation:
Senate Bill 74 - 108th General Assembly
In each county having a population over one hundred thousand according to the latest federal decennial census, the court of common pleas may appoint one or more conciliation counselors to assist the court in carrying out its functions under this chapter. Conciliation counselors shall do any of the following, as the court may direct:
(A) Confer with the parties to conciliation proceedings, and make recommendations concerning such proceedings to the conciliation judge;
(B) Hold hearings in conciliation cases;
(C) Cause such statistics to be compiled, reports to be made, and records to be kept, as may be relevant to the work of the court in conciliation cases;
(D) Provide such other assistance as may be relevant to the work of the court in conciliation cases.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3117 | Conciliation of Marital Controversies › Section 3117.04 | Investigations, Reports and Assistance of Probation Officers.

Effective:
November 19, 1969
Latest Legislation:
Senate Bill 74 - 108th General Assembly
The probation officer in every county shall, upon request of the conciliation judge, in order to carry out the purposes of this chapter, make investigations and reports and render other assistance in conciliation cases, within the limits of the powers and duties granted and imposed by the laws of this state relating to probation officers.