3123.14 Collecting arrearage where order is terminated.

If a child support order is terminated for any reason, the obligor under the child support order is or was at any time in default under the support order and, after the termination of the order, the obligor owes an arrearage under the order, the obligee may make application to the child support enforcement agency that administered the child support order prior to its termination or had authority to administer the child support order to maintain any administrative or judicial action or proceeding to enforce the order on behalf of the obligee to obtain relief. If a withholding or deduction notice is issued pursuant to section 3121.03 of the Revised Code to collect an arrearage, the amount withheld or deducted from the obligor's personal earnings, income, or accounts shall be rebuttably presumed to be at least equal to the amount that was withheld or deducted under the terminated child support order. A court or agency administering the child support order may consider evidence of household expenditures, income variables, extra ordinary health care issues, and other reasons for deviation from the presumed amount.


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 .