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2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3117 | Conciliation of Marital Controversies › Section 3117.05 | Petition for Conciliation.

Effective:
January 1, 1991
Latest Legislation:
House Bill 514 - 118th General Assembly
(A) Prior to or during pendency of any action for divorce, annulment, or legal separation, one or both spouses may file in the court of common pleas a petition for conciliation, to preserve the marriage by effecting a reconciliation, or to amicably settle the controversy between the spouses, so as to avoid further litigation over the issues involved.
(B) The petition shall be captioned substantially as follows:
IN THE COURT OF COMMON PLEAS
OF _____________ COUNTY, OHIO
In Re: : No. ___________________
_______________________ :
and : PETITION FOR CONCILIATION
_______________________ :
(C) The petition shall:
(1) Allege facts showing a controversy between the spouses which may, unless a reconciliation or settlement is achieved, result in dissolution of the marriage or disruption of the household;
(2) State the name and age of each minor child whose welfare may be affected by the controversy;
(3) State the names and addresses of the parties;
(4) Name as respondent any other person who has any relation to the controversy, stating his address if known to the petitioner;
(5) State any other information that the court by rule requires;
(6) Request the aid of the court to effect a reconciliation or an amicable settlement of the controversy between the parties.
(D) The clerk of the court of common pleas shall provide, at the expense of the county, blank forms for petitions for filing pursuant to this chapter. Any employee of the county engaged in conciliation duties shall assist any person at his request in the preparation and presentation of any such petition. All public officers in each county shall refer to the conciliation judge all petitions and complaints made to them in respect to controversies within the purview of this chapter.
(E) No fee shall be charged for filing the petition, nor shall any fee be charged by any officer for the performance of any duty pursuant to this chapter.
(F) Conciliation case files shall be closed, but may be opened for inspection by any party, his counsel, or other proper person, upon written authority of the conciliation judge.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3117 | Conciliation of Marital Controversies › Section 3117.06 | Hearings and Conferences in Conciliation Proceedings.

Effective:
November 19, 1969
Latest Legislation:
Senate Bill 74 - 108th General Assembly
(A) The conciliation judge shall fix a reasonable time and place for hearing on the petition within thirty days after the date it is filed, and shall cause such manner of notice of the filing of the petition and the time and place for hearing as he finds necessary to be given to the parties and respondents. The court may issue a citation to any party or respondent requiring him to appear at the time and place stated in the citation, and may require the attendance of witnesses as in other civil cases.
(B) The court may be convened and hearings held pursuant to this chapter at any time and place within the county, and the hearing may be had in chambers or otherwise, except that if any party, prior to hearing, objects to a different time or place, the time and place for hearing shall be that provided by law for the trial of civil actions.
(C) Hearings and conferences in conciliation proceedings shall be held in private. The court shall exclude all persons except officers and employees of the court, the parties and respondents and their counsel, witnesses, and persons called to the aid of the court in the controversy. Conferences may be held with each party separately, and counsel for one party may be excluded from a hearing or conference when the other party is present without counsel.
(D) Hearings and conferences shall be conducted as informally as possible, and a series of hearings or conferences may be held if it appears necessary to effect a reconciliation or amicable settlement of the controversy between the spouses. The court may, with the consent of the parties, recommend or invoke the aid of physicians, psychologists, clergymen, or other specialists, or persons with expertise in the matter in controversy. Such aid shall be at the expense of the parties, unless the board of county commissioners authorizes and provides for payment for such aid.
(E) Upon hearing, the conciliation judge may make such orders in respect to the conduct of the spouses and the subject matter of the controversy as the court finds necessary to preserve the marriage or implement the reconciliation of the spouses. Such orders shall not be effective for more than thirty days, unless the parties consent to a longer time or to a continuation. Any reconciliation agreement between the parties may be reduced to writing and, with the consent of the parties, a court order may be made pursuant to this section requiring the parties to comply therewith.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3117 | Conciliation of Marital Controversies › Section 3117.07 | Proceedings for Conciliation Effect on Other Actions.

Effective:
January 1, 1991
Latest Legislation:
House Bill 514 - 118th General Assembly
During the period beginning with the filing of the petition for conciliation and continuing until expiration of any court order made pursuant to division (E) of section 3117.06 of the Revised Code, neither spouse may file or proceed with any action for divorce, annulment, or legal separation. The pendency of an action for divorce, annulment, or legal separation does not bar proceedings for conciliation under this chapter.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3117 | Conciliation of Marital Controversies › Section 3117.08 | Transfer Domestic Relations Matter to Conciliation.

Effective:
January 1, 1991
Latest Legislation:
House Bill 514 - 118th General Assembly
(A) Whenever it appears at any time during pendency of an action for divorce, annulment, or legal separation that conciliation proceedings may prevent dissolution of the marriage or disruption of the household, the court may transfer the matter to the conciliation judge for proceedings pursuant to this chapter, and the original action shall be stayed pending completion of conciliation proceedings.
(B) Whenever there is a minor child of one or both spouses whose welfare may be affected by the controversy, the conciliation judge shall entertain all conciliation cases properly brought before him. Whenever there is no such minor child, but it appears that reconciliation of the spouses or amicable settlement of the controversy may be achieved, and that conciliation cases involving children will not be seriously impeded by acceptance of the case, the conciliation judge may accept and dispose of conciliation cases in the same manner as in cases involving the welfare of children.
(C) The conciliation judge has jurisdiction over the controversy, the parties, such of the minor children of the parties whose welfare may be affected by the controversy, and all persons having any relation to the controversy, in all conciliation cases properly before him pursuant to this chapter.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3119 | Calculation of Child Support Obligation - Health Insurance Coverage › Section 3119.02 | Calculation of Child Support Obligation.

Effective:
March 28, 2019
Latest Legislation:
House Bill 366 - 132nd General Assembly
In any action in which a court child support order is issued or modified, in any other proceeding in which the court determines the amount of child support that will be ordered to be paid pursuant to a child support order, or when a child support enforcement agency determines the amount of child support that will be ordered to be paid pursuant to an administrative child support order, issues a new administrative child support order, or issues a modified administrative child support order, the court or agency shall calculate the amount of the parents' child support and cash medical support in accordance with the basic child support schedule, the applicable worksheet, and the other provisions of Chapter 3119. of the Revised Code. The court or agency shall specify the support obligation as a monthly amount due and shall order the support obligation to be paid in periodic increments as it determines to be in the best interest of the children. In performing its duties under this section, the court or agency is not required to accept any calculations in a worksheet prepared by any party to the action or proceeding.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3119 | Calculation of Child Support Obligation - Health Insurance Coverage › Section 3119.022 | Child Support Guideline Worksheets and Instructions.

Effective:
March 28, 2019
Latest Legislation:
House Bill 366 - 132nd General Assembly
The director of job and family services shall adopt rules pursuant to Chapter 119. of the Revised Code governing the creation of child support guideline worksheets and instructions that incorporate the requirements of Chapter 3119. of the Revised Code for the calculation of child support and cash medical support obligations. In addition, the department shall:
(A) Adopt standard worksheet forms that shall be used in all courts and child support enforcement agencies when calculating child support and cash medical support obligations; and
(B) Adopt a standard instruction manual to provide guidance and assistance to persons calculating support obligations.
The guideline worksheet and instruction manual may be revised as needed, but shall be revised at least once every five years.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3119 | Calculation of Child Support Obligation - Health Insurance Coverage › Section 3119.03 | Presumption of Correctness.

Effective:
March 22, 2001
Latest Legislation:
Senate Bill 180 - 123rd General Assembly
In any action or proceeding in which the court determines the amount of child support that will be ordered to be paid pursuant to a child support order or at any time a child support enforcement agency determines the amount of child support that will be paid pursuant to an administrative child support order, the amount of child support that would be payable under a child support order, as calculated pursuant to the basic child support schedule and applicable worksheet through the line establishing the actual annual obligation, is rebuttably presumed to be the correct amount of child support due.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3119 | Calculation of Child Support Obligation - Health Insurance Coverage › Section 3119.04 | Determination of Support Obligation Where Combined Gross Income Is Greater Than or Less Than Amounts Covered by Schedule.

Effective:
March 28, 2019
Latest Legislation:
House Bill 366 - 132nd General Assembly
If the combined annual income of both parents is greater than the maximum annual income listed on the basic child support schedule established pursuant to section 3119.021 of the Revised Code, the court, with respect to a court child support order, or the child support enforcement agency, with respect to an administrative child support order, shall determine the amount of the obligor's child support obligation on a case-by-case basis and shall consider the needs and the standard of living of the children who are the subject of the child support order and of the parents. The court or agency shall compute a basic combined child support obligation that is no less than the obligation that would have been computed under the basic child support schedule and applicable worksheet for a combined annual income equal to the maximum annual income listed on the basic child support schedule established pursuant to section 3119.021 of the Revised Code, unless the court or agency determines that it would be unjust or inappropriate and therefore not in the best interest of the child, obligor, or obligee to order that amount. If the court or agency makes such a determination, it shall enter in the journal the figure, determination, and findings. If the combined annual income of both parents falls below the $8,400 floor of the basic child support schedule in accordance with section 3119.021 of the Revised Code, the court, with respect to a court child support order, or the child support enforcement agency, with respect to an administrative child support order, shall apply the minimum support amount in accordance with section 3119.06 of the Revised Code.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3119 | Calculation of Child Support Obligation - Health Insurance Coverage › Section 3119.051 | Reduction in Cases Where Parenting Time Order Equals or Exceeds Ninety Overnights per Year.

Effective:
March 28, 2019
Latest Legislation:
House Bill 366 - 132nd General Assembly
(A) Except as otherwise provided in this section, a court or child support enforcement agency calculating the amount to be paid under a child support order shall reduce by ten per cent the amount of the annual individual support obligation for the parent or parents when a court has issued or is issuing a court-ordered parenting time order that equals or exceeds ninety overnights per year. This reduction may be in addition to the other deviations and reductions.
(B) At the request of the obligee, a court may eliminate a previously granted adjustment established under division (A) of this section if the obligor, without just cause, has failed to exercise court-ordered parenting time.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3119 | Calculation of Child Support Obligation - Health Insurance Coverage › Section 3119.06 | Minimum Child Support Order.

Effective:
March 28, 2019
Latest Legislation:
House Bill 366 (GA 132),  Senate Bill 70 (GA 132)
(A) Except as otherwise provided in this section, in any action in which a court or a child support enforcement agency issues or modifies a child support order or in any other proceeding in which a court or agency determines the amount of child support to be paid pursuant to a child support order, the court or agency shall issue a minimum child support order requiring the obligor to pay a minimum of eighty dollars a month for all the children subject to that order. The court or agency, in its discretion and in appropriate circumstances, may issue a minimum child support order of less than eighty dollars a month or issue an order not requiring the obligor to pay any child support amount. The circumstances under which a court or agency may issue such an order include the nonresidential parent's medically verified or documented physical or mental disability or institutionalization in a facility for persons with a mental illness or any other circumstances considered appropriate by the court or agency.
If a court or agency issues a minimum child support obligation pursuant to this section and the obligor under the support order is the recipient of means-tested public assistance, as described in division (C)(12)(a) of section 3119.01 of the Revised Code, any unpaid amounts of support due under the support order shall accrue as arrearages from month to month, and the obligor's current obligation to pay the support due under the support order is suspended during any period of time that the obligor is receiving means-tested public assistance and is complying with any seek work orders issued pursuant to section 3121.03 of the Revised Code. The court, obligee, and child support enforcement agency shall not enforce the obligation of the obligor to pay the amount of support due under the support order while the obligor is receiving means-tested public assistance and is complying with any seek work orders issued pursuant to section 3121.03 of the Revised Code.
(B) As used in this section, "means-tested public assistance" includes cash assistance payments under the Ohio works first program established under Chapter 5107. of the Revised Code, financial assistance under the disability financial assistance program established under Chapter 5115. of the Revised Code, supplemental security income, or means-tested veterans' benefits.
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.
Last updated September 27, 2023 at 10:27 AM
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3119 | Calculation of Child Support Obligation - Health Insurance Coverage › Section 3119.07 | Effect of Child Custody on Calculation of Child Support.

Effective:
March 22, 2001
Latest Legislation:
Senate Bill 180 - 123rd General Assembly
(A) Except when the parents have split parental rights and responsibilities, a parent's child support obligation for a child for whom the parent is the residential parent and legal custodian shall be presumed to be spent on that child and shall not become part of a child support order, and a parent's child support obligation for a child for whom the parent is not the residential parent and legal custodian shall become part of a child support order.
(B) If the parents have split parental rights and responsibilities, the child support obligations of the parents shall be offset, and the court shall issue a child support order requiring the parent with the larger child support obligation to pay the net amount pursuant to the child support order.
(C) If neither parent of a child who is the subject of a child support order is the residential parent and legal custodian of the child and the child resides with a third party who is the legal custodian of the child, the court shall issue a child support order requiring each parent to pay that parent's child support obligation pursuant to the child support order.
Last updated October 3, 2023 at 5:38 PM
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3119 | Calculation of Child Support Obligation - Health Insurance Coverage › Section 3119.08 | Child Support Order to Include Specific Provisions for Parenting Time and Visitation.

Effective:
March 22, 2001
Latest Legislation:
Senate Bill 180 - 123rd General Assembly
Whenever a court issues a child support order, it shall include in the order specific provisions for regular, holiday, vacation, parenting time, and special visitation in accordance with section 3109.051, 3109.11, or 3109.12 of the Revised Code or in accordance with any other applicable section of the Revised Code.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3119 | Calculation of Child Support Obligation - Health Insurance Coverage › Section 3119.09 | Denial of or Interference With Right of Parenting Time or Visitation.

Effective:
March 22, 2001
Latest Legislation:
Senate Bill 180 - 123rd General Assembly
The court shall not authorize or permit the escrowing, impoundment, or withholding of any child support payment because of a denial of or interference with a right of parenting time or visitation included as a specific provision of the child support order or as a method of enforcing the specific provisions of the child support order dealing with parenting time or visitation.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3119 | Calculation of Child Support Obligation - Health Insurance Coverage › Section 3119.22 | Deviating From Schedule or Worksheet.

Effective:
March 28, 2019
Latest Legislation:
House Bill 366 - 132nd General Assembly
The court may order an amount of child support that deviates from the amount of child support that would otherwise result from the use of the basic child support schedule and the applicable worksheet if, after considering the factors and criteria set forth in section 3119.23 of the Revised Code, the court determines that the amount calculated pursuant to the basic child support schedule and the applicable worksheet would be unjust or inappropriate and therefore not be in the best interest of the child.
If it deviates, the court must enter in the journal the amount of child support calculated pursuant to the basic child support schedule and the applicable worksheet, its determination that the amount would be unjust or inappropriate and therefore not in the best interest of the child, and findings of fact supporting that determination.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3119 | Calculation of Child Support Obligation - Health Insurance Coverage › Section 3119.23 | Factors to Be Considered in Granting a Deviation.

Effective:
October 17, 2019
Latest Legislation:
House Bill 166 - 133rd General Assembly
The court may consider any of the following factors in determining whether to grant a deviation pursuant to section 3119.22 of the Revised Code:
(A) Special and unusual needs of the child or children, including needs arising from the physical or psychological condition of the child or children;
(B) Other court-ordered payments;
(C) Extended parenting time or extraordinary costs associated with parenting time, including extraordinary travel expenses when exchanging the child or children for parenting time;
(D) The financial resources and the earning ability of the child or children;
(E) The relative financial resources, including the disparity in income between parties or households, other assets, and the needs of each parent;
(F) The obligee's income, if the obligee's annual income is equal to or less than one hundred per cent of the federal poverty level;
(G) Benefits that either parent receives from remarriage or sharing living expenses with another person;
(H) The amount of federal, state, and local taxes actually paid or estimated to be paid by a parent or both of the parents;
(I) Significant in-kind contributions from a parent, including, but not limited to, direct payment for lessons, sports equipment, schooling, or clothing;
(J) Extraordinary work-related expenses incurred by either parent;
(K) The standard of living and circumstances of each parent and the standard of living the child would have enjoyed had the marriage continued or had the parents been married;
(L) The educational opportunities that would have been available to the child had the circumstances requiring a child support order not arisen;
(M) The responsibility of each parent for the support of others, including support of a child or children with disabilities who are not subject to the support order;
(N) Post-secondary educational expenses paid for by a parent for the parent's own child or children, regardless of whether the child or children are emancipated;
(O) Costs incurred or reasonably anticipated to be incurred by the parents in compliance with court-ordered reunification efforts in child abuse, neglect, or dependency cases;
(P) Extraordinary child care costs required for the child or children that exceed the maximum state-wide average cost estimate as described in division (P)(1)(d) of section 3119.05 of the Revised Code, including extraordinary costs associated with caring for a child or children with specialized physical, psychological, or educational needs;
(Q) Any other relevant factor.
If the court grants a deviation based on division (Q) of this section, it shall specifically state in the order the facts that are the basis for the deviation.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3119 | Calculation of Child Support Obligation - Health Insurance Coverage › Section 3119.231 | Deviation Where Court-Ordered Parenting Time Exceeds Ninety Overnights per Year.

Effective:
March 28, 2019
Latest Legislation:
House Bill 366 - 132nd General Assembly
(A) If court-ordered parenting time exceeds ninety overnights per year, the court shall consider whether to grant a deviation pursuant to section 3119.22 of the Revised Code for the reason set forth in division (C) of section 3119.23 of the Revised Code. This deviation is in addition to any adjustments provided under division (A) of section 3119.051 of the Revised Code.
( B) If court-ordered parenting time is equal to or exceeds one hundred forty-seven overnights per year, and the court does not grant a deviation under division (A) of this section, it shall specify in the order the facts that are the basis for the court's decision.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3119 | Calculation of Child Support Obligation - Health Insurance Coverage › Section 3119.24 | Shared Parenting Order Child Support Provisions.

Effective:
March 28, 2019
Latest Legislation:
House Bill 366 - 132nd General Assembly
(A)(1) A court that issues a shared parenting order in accordance with section 3109.04 of the Revised Code shall order an amount of child support to be paid under the child support order that is calculated in accordance with the schedule and with the worksheet, except that, if that amount would be unjust or inappropriate to the children or either parent and therefore not in the best interest of the child because of the extraordinary circumstances of the parents or because of any other factors or criteria set forth in section 3119.23 of the Revised Code, the court may deviate from that amount.
(2) The court shall consider extraordinary circumstances and other factors or criteria if it deviates from the amount described in division (A)(1) of this section and shall enter in the journal the amount described in division (A)(1) of this section its determination that the amount would be unjust or inappropriate and therefore not in the best interest of the child, and findings of fact supporting its determination.
(B) For the purposes of this section, "extraordinary circumstances of the parents" includes all of the following:
(1) The ability of each parent to maintain adequate housing for the children;
(2) Each parent's expenses, including child care expenses, school tuition, medical expenses, dental expenses, and any other expenses the court considers relevant;
(3) Any other circumstances the court considers relevant.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3119 | Calculation of Child Support Obligation - Health Insurance Coverage › Section 3119.27 | Processing Charge for Issuing or Modifying an Order.

Effective:
October 17, 2019
Latest Legislation:
House Bill 166 - 133rd General Assembly
(A) A court that issues or modifies a court support order, or an administrative agency that issues or modifies an administrative child support order, shall impose on the obligor under the support order a processing charge in the amount of two per cent of the support payment to be collected under a support order. No court or agency may call the charge a poundage fee.
(B) In each child support case that is a Title IV-D case, the department of job and family services shall annually claim thirty-five dollars from the processing charge described in division (A) of this section for federal reporting purposes if the obligee has never received assistance under Title IV-A and the department has collected at least five hundred fifty dollars of child support for the obligee. The director of job and family services shall adopt rules under Chapter 119. of the Revised Code to implement this division, and the department shall implement this division not later than March 31, 2008.
(C) As used in this section:
(1) "Annual" means the period as defined in regulations issued by the United States secretary of health and human services to implement the Deficit Reduction Act of 2005 (P.L. 109-171).
(2) "Title IV-A" has the same meaning as in section 5107.02 of the Revised Code.
(3) "Title IV-D case" has the same meaning as in section 3125.01 of the Revised Code.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3119 | Calculation of Child Support Obligation - Health Insurance Coverage › Section 3119.28 | Paying Processing Charge.

Effective:
March 22, 2001
Latest Legislation:
Senate Bill 180 - 123rd General Assembly
(A) As used in this section, "current support payment" means the amount of support due an obligee that an obligor is required to pay in a particular payment for the current month as specified in a support order. "Current support payment" does not include payments on arrearages under the support order.
(B) The obligor shall pay the amount imposed pursuant to section 3119.27 of the Revised Code with every current support payment, and with every payment on arrearages.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3119 | Calculation of Child Support Obligation - Health Insurance Coverage › Section 3119.29 | Health Insurance Coverage for Children Definitions.

Effective:
October 17, 2019
Latest Legislation:
House Bill 166 - 133rd General Assembly
As used in this section and sections 3119.30 to 3119.56 of the Revised Code:
(A) "Health care coverage" means such medical support that includes a health insurance coverage or a public health care plan, payment of costs of premiums, copayments, and deductibles, or payment for medical expenses incurred on behalf of the child.
(B) "Health insurance coverage" means accessible private health insurance that provides primary care services within thirty miles from the residence of the child subject to the child support order.
(C) "Health plan administrator" means any entity authorized under Title XXXIX of the Revised Code to engage in the business of insurance in this state, any health insuring corporation, any legal entity that is self-insured and provides benefits to its employees or members, and the administrator of any such entity or corporation.
(D) "National medical support notice" means a form required by the "Child Support Performance and Incentive Act of 1998," P.L. 105-200, 112 Stat. 659, 42 U.S.C. 666(a)(19), as amended, and jointly developed and promulgated by the secretary of health and human services and the secretary of labor in federal regulations adopted under that act as modified by the department of job and family services under section 3119.291 of the Revised Code.
(E) "Person required to provide health insurance coverage" means the obligor, obligee, or both, required by the court under a court child support order or by the child support enforcement agency under an administrative child support order to provide health insurance coverage pursuant to section 3119.30 of the Revised Code.
(F) "Reasonable cost" means that the cost of health insurance coverage to the person required to provide health insurance coverage for the children who are the subject of the child support order does not exceed an amount equal to five per cent of the annual income of that person.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3119 | Calculation of Child Support Obligation - Health Insurance Coverage › Section 3119.291 | Modifying National Medical Support Notice.

Effective:
December 13, 2002
Latest Legislation:
House Bill 657 - 124th General Assembly
The department of job and family services shall modify the national medical support notice, as necessary, to make the notice and its instructions apply to the person required to provide health insurance coverage for the children who are the subject of an order issued under section 3119.30 of the Revised Code.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3119 | Calculation of Child Support Obligation - Health Insurance Coverage › Section 3119.301 | Prior Orders for Health Care Needs.

Effective:
December 13, 2002
Latest Legislation:
House Bill 657 - 124th General Assembly
An order issued pursuant to former section 3111.241 or 3113.217 of the Revised Code as those sections existed prior to January 1, 1998, that was not terminated on or after that date, and that provides for the health care needs of children subject to a child support order shall be considered to be a requirement included as part of the child support order. The child support order shall be considered to have been issued in accordance with former section 3111.241 or 3113.217 of the Revised Code as those sections existed on and after January 1, 1998, and prior to March 22, 2001. A child support order issued in accordance with, or any notice issued under, former section 3111.241 or 3113.217 of the Revised Code as those sections existed prior to March 22, 2001, that was not terminated on or after that date shall be subject to sections 3119.29 to 3119.56 of the Revised Code on and after that date.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3119 | Calculation of Child Support Obligation - Health Insurance Coverage › Section 3119.302 | Private Health Insurance - Cash Medical Support.

Effective:
October 17, 2019
Latest Legislation:
House Bill 166 - 133rd General Assembly
(A) When the court, with respect to a court child support order, or the child support enforcement agency, with respect to an administrative child support order, determines the person or persons responsible for the health care coverage of the children subject to the order pursuant to section 3119.30 of the Revised Code, all of the following apply:
(1) The court or agency shall consider any health insurance coverage in which the obligor, obligee, or children, are enrolled at the time the court or agency issues the order.
(2) If the cost of health insurance coverage to either parent exceeds a reasonable cost, that parent shall not be ordered to provide health insurance coverage for the child except as follows:
(a) When the parent requests to obtain or maintain the health insurance coverage that exceeds a reasonable cost;
(b) When the court determines that it is in the best interest of the children for a parent to obtain and maintain health insurance coverage that exceeds a reasonable cost and the cost will not impose an undue financial burden on either parent. If the court makes such a determination, the court must include the facts and circumstances of the determination in the child support order.
(3) If health insurance coverage is available at a reasonable cost to either parent through a group policy, contract, or plan, and the court determines that it is not in the best interest of the children to utilize the available health insurance coverage, the court shall state the facts and circumstances of the determination in the child support order.
(4) Notwithstanding division (B) of section 3119.29 of the Revised Code, the court or agency may do either of the following:
(a) Permit primary care services to be farther than thirty miles if residents in part or all of the immediate geographic area customarily travel farther distances;
(b) Require primary care services be accessible by public transportation if public transportation is the obligee's only source of transportation.
If the court or agency makes either accessibility determination, it shall include this accessibility determination in the child support order.
(B) The director of job and family services shall periodically update the amount of the cash medical support obligation to be paid pursuant to division (C) of section 3119.30 of the Revised Code. The updates shall be made in consideration of the medical expenditure panel survey, conducted by the United States department of health and human services for health care research and quality. The amount shall be based on the most recent survey year data available and shall be calculated by multiplying the total amount expended for health services for children by the percentage that is out-of-pocket divided by the number of individuals less than eighteen years of age that have any private insurance.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3119 | Calculation of Child Support Obligation - Health Insurance Coverage › Section 3119.303 | Cash Medical Support Order.

Effective:
March 28, 2019
Latest Legislation:
House Bill 366 - 132nd General Assembly
A cash medical support order shall be administered, reviewed, modified, and enforced in the same manner as the underlying child support order.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3119 | Calculation of Child Support Obligation - Health Insurance Coverage › Section 3119.31 | Providing List of Any Group Health Insurance Policies, Contracts, or Plans Available to the Party.

Effective:
October 17, 2019
Latest Legislation:
House Bill 166 - 133rd General Assembly
In any action or proceeding in which a court or child support enforcement agency is determining the person responsible for the health care coverage of the children who are or will be the subject of a child support order, each party shall provide to the court or child support enforcement agency a list of any group health insurance policies, contracts, or plans available to the party and the cost of coverage under the available policies, contracts, or plans.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3119 | Calculation of Child Support Obligation - Health Insurance Coverage › Section 3119.32 | General Requirements for Order Concerning Health Insurance Coverage.

Effective:
October 17, 2019
Latest Legislation:
House Bill 166 - 133rd General Assembly
A child support order shall contain all of the following:
(A)(1) If the obligor, obligee, or both obligor and obligee, are required under section 3119.30 of the Revised Code to provide health care coverage for the children, a requirement that whoever is required to provide health care coverage provide to the other, not later than thirty days after the issuance of the order, information regarding the benefits, limitations, and exclusions of the coverage, copies of any forms necessary to receive reimbursement, payment, or other benefits under the coverage, and a copy of any necessary proof of coverage;
(2) If the obligor, obligee, or both obligor and obligee, are required under section 3119.30 of the Revised Code to provide health care coverage for the children, a requirement that whoever is required to provide health care coverage provide to the child support enforcement agency, not later than thirty days after the issuance of the order, documentation that verifies that coverage is being provided as ordered.
(B) A statement setting forth the name and address of the individual who is to be reimbursed for medical expenses.
(C) A requirement that a person required to provide health care coverage for the children designate the children as covered dependents under any health care coverage policy, contract, or plan.
(D) A requirement that the obligor, the obligee, or both of them under a formula established by the court, with respect to a court child support order, or the child support enforcement agency, with respect to an administrative child support order, pay extraordinary medical expenses for the children.
(E) A notice that the employer of the person required to obtain health care coverage through that employer is required to release to the other parent, any person subject to an order issued under section 3109.19 of the Revised Code, or the child support enforcement agency on written request any necessary information on the health care coverage, including the name and address of the health plan administrator and any policy, contract, or plan number, and to otherwise comply with this section and any order or notice issued under this section.
(F) A statement setting forth the full name and date of birth of each child who is the subject of the child support order.
(G) A notice that states the following: "If the person required to obtain health care coverage for the children subject to this child support order obtains new employment, the agency shall comply with the requirements of section 3119.34 of the Revised Code, which may result in the issuance of a notice requiring the new employer to take whatever action is necessary to enroll the children in private health care insurance coverage provided by the new employer, when insurance is not being provided by any other source."
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3119 | Calculation of Child Support Obligation - Health Insurance Coverage › Section 3119.33 | Sending National Medical Support Notice to Employer.

Effective:
December 13, 2002
Latest Legislation:
House Bill 657 - 124th General Assembly
A child support enforcement agency shall send the national medical support notice to the employer of a person required to provide health insurance coverage for the children who are the subject of a child support order. The child support enforcement agency shall act in accordance with federal regulations governing the national medical support notice and rules adopted by the department of job and family services under section 3119.51 of the Revised Code.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3119 | Calculation of Child Support Obligation - Health Insurance Coverage › Section 3119.34 | Sending National Medical Support Notice to New Employer.

Effective:
December 13, 2002
Latest Legislation:
House Bill 657 - 124th General Assembly
Not later than the business day after receipt of a notice under section 3121.895 of the Revised Code of a new hire match, a child support enforcement agency shall send to a person's new employer a national medical support notice if the person is the person required to provide health insurance coverage for the children who are the subject of a child support order.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3119 | Calculation of Child Support Obligation - Health Insurance Coverage › Section 3119.35 | Sending Notice of Medical Support Enforcement Activity to Employee.

Effective:
December 13, 2002
Latest Legislation:
House Bill 657 - 124th General Assembly
At the same time that a child support enforcement agency sends a national medical support notice under section 3119.33 or 3119.34 of the Revised Code to the employer of a person required to provide health insurance coverage for children who are the subject of a child support order, the agency shall send a notice of medical support enforcement activity to that person.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3119 | Calculation of Child Support Obligation - Health Insurance Coverage › Section 3119.351 | Contents of Notice of Medical Support Enforcement Activity.

Effective:
December 13, 2002
Latest Legislation:
House Bill 657 - 124th General Assembly
The notice of medical support enforcement activity shall contain all of the following:
(A) The date on which it is sent;
(B) A statement that the person has been designated as a person required to provide health insurance coverage for children who are the subject of a child support order;
(C) A statement that a national medical support notice has been sent to the person's employer;
(D) A statement of the purpose of the national medical support notice, of what it will require of the person's employer and any applicable health plan administrator, and that amounts will be withheld from the person's income to pay for health insurance for the children;
(E) A statement of the person's right to contest the national medical support notice through mistake of fact proceedings;
(F) An explanation of the mistake of fact proceedings available to the person and the actions the person must take to pursue those proceedings.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3119 | Calculation of Child Support Obligation - Health Insurance Coverage › Section 3119.352 | Standard Form for Notice of Medical Support Enforcement Activity.

Effective:
December 13, 2002
Latest Legislation:
House Bill 657 - 124th General Assembly
The department of job and family services shall adopt a standard form for the notice of medical support enforcement activity required by section 3119.35 of the Revised Code. All child support enforcement agencies shall use the form in issuing the notice under that section.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3119 | Calculation of Child Support Obligation - Health Insurance Coverage › Section 3119.36 | Employer's Action Upon Receiving National Medical Support Notice.

Effective:
December 13, 2002
Latest Legislation:
House Bill 657 - 124th General Assembly
On receipt of a national medical support notice sent pursuant to section 3119.33 or section 3119.34 of the Revised Code, an employer shall do one of the following not later than twenty business days after the date specified in the notice:
(A) If the person named in the national medical support notice is a current employee and health insurance coverage of the children is available through the employer, complete and comply with the notice in accordance with its instructions, federal regulations, and any rules adopted by the department of job and family services under section 3119.51 of the Revised Code and send the appropriate portion of the notice to the health plan administrator;
(B) If the person named in the notice is not a current employee, health insurance coverage of the children is not available through the employer, or the employer determines that coverage of the children would cause the total amount of income withholding and health insurance contributions from the person's income to exceed the maximum amount permitted under section 303(b) of the "Consumer Credit Protection Act," 15 U.S.C. 1673(b), complete the notice in accordance with its instructions, federal regulations, and any rules adopted by the department of job and family services under section 3119.51 of the Revised Code and return the completed notice to the child support enforcement agency.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3119 | Calculation of Child Support Obligation - Health Insurance Coverage › Section 3119.361 | Complying With Notice or Order to Provide Health Insurance Coverage.

Effective:
December 13, 2002
Latest Legislation:
House Bill 657 - 124th General Assembly
During the time that any child support order issued in accordance with section 3119.30 of the Revised Code or a notice issued pursuant to section 3119.33 or 3119.34 of the Revised Code is in effect and after the employer has received a copy of the order or notice, the employer of the person required to provide health insurance coverage shall comply with the order or notice.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3119 | Calculation of Child Support Obligation - Health Insurance Coverage › Section 3119.362 | Requesting Employer to Provide Information.

Effective:
December 13, 2002
Latest Legislation:
House Bill 657 - 124th General Assembly
On written request from the other parent, any person subject to an order issued under section 3109.19 of the Revised Code, or the child support enforcement agency, the employer of a person required to provide health insurance coverage under a child support order shall release to the other parent, person, and the agency all information about the health insurance coverage that is necessary to ensure compliance with section 3119.30 of the Revised Code, a notice issued under section 3119.33 of the Revised Code, or a notice issued under section 3119.34 of the Revised Code, including the name and address of the health plan administrator, and any policy, contract, or plan number.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3119 | Calculation of Child Support Obligation - Health Insurance Coverage › Section 3119.363 | Using Information Provided by Employer.

Effective:
December 13, 2002
Latest Legislation:
House Bill 657 - 124th General Assembly
Information provided by an employer pursuant to section 3119.362 of the Revised Code shall be used only for the purpose of the enforcement of an order issued in accordance with section 3119.30 of the Revised Code, a notice issued under section 3119.33 of the Revised Code, or a notice issued pursuant to section 3119.34 of the Revised Code.