3119.63 [Effective 3/28/2019] Reviewing court child support order.

The child support enforcement agency shall review a court child support order on the date established pursuant to section 3119.60 of the Revised Code for formally beginning the review of the order and shall do all of the following:

(A) Calculate a revised child support computation worksheet and issue a child support recommendation under the court child support order, including adding or adjusting a payment on arrearages in accordance with section 3123.21 of the Revised Code;

(B) If the court child support order under review contains a deviation granted under sections 3119.06, 3119.22, 3119.23, 3119.231, and 3119.24 of the Revised Code, apply the deviation from the existing order to the revised amount of child support, provided that the agency can determine the monetary or percentage value of the deviation with respect to the court child support order. If the agency cannot determine the monetary or percentage value of the deviation, the agency shall not apply the deviation to the revised amount of child support.

(C) Give the obligor and obligee notice, by ordinary mail, of the revised amount of child support, of their right to request an administrative hearing on the revised amount, of the procedures and time deadlines for requesting the hearing, and that the revised amount of child support will be submitted to the court for inclusion in a revised court child support order unless the obligor or obligee requests an administrative hearing on the proposed change within fourteen days after the notice under this division is issued;

(D) Give the obligor and obligee notice, by ordinary mail, that if the court child support order contains a deviation granted under section 3119.06, 3119.22, 3119.23, or 3119.24 of the Revised Code, a parenting time adjustment granted under section 3119.051 of the Revised Code, or if the obligor or obligee intends to request a deviation from the child support amount to be paid under the court child support order, the obligor and obligee have a right to request a court hearing on the revised amount of child support without first requesting an administrative hearing and that the obligor or obligee, in order to exercise this right, must make the request for a court hearing no later than fourteen days after the notice is issued;

(E) If neither the obligor nor the obligee timely requests, pursuant to division (C) or (D) of this section, an administrative or court hearing on the revised amount of child support, submit the revised amount of child support to the court for inclusion in a revised court child support order;

(F) If the obligor or the obligee timely requests an administrative hearing on the revised child support amount, schedule a hearing on the issue, give the obligor and obligee notice of the date, time, and location of the hearing, conduct the hearing in accordance with the rules adopted under section 3119.76 of the Revised Code, and determine at the hearing revised support obligations under the court child support order, including adding or adjusting a payment on arrearages in accordance with section 3123.21 of the Revised Code.

(G) If an agency determines revised support obligations under division (F) of this section, give notice to the obligor and obligee of the revised amount of child support, that they may request a court hearing on the revised amount within fourteen days after notice of the revised amount is issued, and that the agency will submit the revised amount of child support to the court for inclusion in a revised court child support order, if neither the obligor nor the obligee requests a court hearing on the revised amount of child support;

(H) If neither the obligor nor the obligee requests, pursuant to division (G) of this section, a court hearing on the revised amount of child support, submit the revised amount of child support to the court for inclusion in a revised court child support order.

Amended by 132nd General Assembly File No. TBD, HB 366, §1, eff. 3/28/2019.

Amended by 132nd General Assembly File No. TBD, SB 70, §1, eff. 2/11/2019.

Effective Date: 03-22-2001 .

Note: This section is set out twice. See also § 3119.63, effective until 3/28/2019.