Ohio Revised Code Search
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Section 3123.19 | Disposing of payments received on arrearage.
...If child support arrearages are owed by an obligor to the obligee and to the department of job and family services, any payments received on the arrearages by the office of child support shall be paid in accordance with Title IV-D of the "Social Security Act," 88 Stat. 2351, 42 U.S.C. 651 et seq., as amended, and rules adopted by the director of job and family services. If an obligor is in default under a support or... |
Section 3123.20 | Employer may not penalize employee for being subject to support order.
...No employer shall discharge an employee for reason of any order issued under the Revised Code to collect support due from the employee under a support order. |
Section 3123.21 | Presumed minimum payment on arrearage.
... a support order pertaining to the same child or spouse shall be rebuttably presumed to provide that the arrearage amount collected with each payment of current support equal at least twenty per cent of the current support payment. (B) A court or administrative hearing officer may consider evidence of household expenditures, income variables, extraordinary health care issues, and other reasons for a deviation from ... |
Section 3123.22 | Additional authority of agency to collect arrearage.
...er issued to collect the arrearage, the child support enforcement agency administering the notice or order may also take any action, including, but not limited to, any of the following to collect any arrearage amount that has not yet been collected under the notice or order, unless the obligee and obligor agree in a writing signed by the obligee and obligor and approved by the court by journal entry that the additio... |
Section 3123.23 | Collection of arrearages from collateral sources.
...rogram to collect arrearages owed under child support orders from insurance claims, settlements, awards, and payments based on information obtained pursuant to Title IV-D of the Social Security Act, 42 U.S.C. 652. (B) Any insurer and any director, agent, or employee authorized to act on behalf of an insurer, that releases information or makes a disclosure in accordance with rules adopted pursuant to this sect... |
Section 3123.24 | Access restriction defined.
...For the purposes of sections 3123.24 to 3123.38 of the Revised Code, "access restriction" means that funds may not be withdrawn or transferred. |
Section 3123.25 | Account information of obligor in default entered into case registry.
...1.74 of the Revised Code, the office of child support in the department of job and family services finds or receives notice that identifies an obligor in default who maintains an account with a financial institution, the office shall, within one business day, enter the information into the case registry established pursuant to section 3121.81 of the Revised Code. (B) If a child support enforcement agency, upon noti... |
Section 3123.26 | Restrictions on account placed by financial institution.
...ce with respect to the obligor from the child support enforcement agency. The access restriction shall remain on the account until the financial institution complies with a withdrawal directive under section 3123.37 of the Revised Code or a court or child support enforcement agency orders the financial institution to remove the access restriction. A copy of the access restriction notice shall be sent to the obligor ... |
Section 3123.27 | Investigating account.
...The child support enforcement agency may investigate and determine the amount of funds in the account that is available to satisfy the obligor's arrearages under a support order. The financial institution shall cooperate with the agency's investigation. |
Section 3123.28 | Withdrawal directive.
...If a child support enforcement agency that completes an account investigation does not find that any person other than the obligor has an ownership interest in the account, it shall issue a withdrawal directive pursuant to section 3123.37 of the Revised Code. |
Section 3123.29 | Notice to other person with ownership interest in account.
...If a child support enforcement agency finds that a person other than an obligor has an ownership interest in an account, the agency shall send written notice by first-class mail to that person at an address for that person contained in records of the financial institution, except that if the address of that person is not contained in records of the financial institution, the agency shall send the notice to that perso... |
Section 3123.30 | Notice contents.
...e obligor as determined by the court or child support enforcement agency, the amount that will be withdrawn, the type of account from which the amount will be withdrawn, and the name of the financial institution from which the amount will be withdrawn; (B) A statement that the person may object to the withdrawal by filing with the agency, no later than fourteen days after the date on which the notice is issued, a w... |
Section 3123.31 | Administrative hearing request.
...ct to the withdrawal by filing with the child support enforcement agency that sent the notice a written request for an administrative hearing to determine whether any amount contained in the account is the property of that person and should not be subject to the withdrawal directive. |
Section 3123.32 | Withdrawal directive where no hearing request.
...uest for an administrative hearing, the child support enforcement agency that sent the notice shall send a withdrawal directive to the financial institution pursuant to section 3123.37 of the Revised Code. A copy of this notice shall be sent to the obligor. |
Section 3123.33 | Hearing.
...ode requests it in a timely manner, the child support enforcement agency that sent the notice shall conduct an administrative hearing no later than ten days after the date the person files the request for the hearing. No later than five days before the date the hearing is to be conducted, the agency shall send the person written notice of the date, time, place, and purpose of the hearing. At the hearing, the agency ... |
Section 3123.34 | Releasing access restriction on account.
...If a child support enforcement agency determines that the total amount in an account is the property of a person who is not the obligor from whom payment is sought, it shall order the financial institution to release the access restriction on the account and shall take no further enforcement action on the account. A copy of this notice shall be sent to the obligor. If the agency determines that some of the funds in t... |
Section 3123.35 | Court determination of amount of account belonging to other person.
...that is located in the county where the child support enforcement agency issued the order, the court shall hold a hearing on the request no later than fourteen days after the request is filed. The person who filed the motion shall be considered a temporary party only for the purposes of objecting to the determination made pursuant to section 3123.33 of the Revised Code. No later than five days before the date on whic... |
Section 3123.36 | Court order for full or partial release of account.
...If the court determines pursuant to a hearing under section 3123.35 of the Revised Code that all of the funds in the account are the property of the person described in section 3123.34 of the Revised Code, it shall order the financial institution to release the access restriction on the account and to take no further enforcement action on the account. If the court determines that some of the funds in the account are ... |
Section 3123.37 | Contents of withdrawal directive.
...unds from the account to the office of child support. (B) The withdrawal directive shall contain the following information: (1) The name, address, and social security number or taxpayer identification number of the obligor; (2) A statement that the obligor has been determined to be in default under a support order; (3) The amount of the arrearage owed by the obligor as determined by the court or child suppo... |
Section 3123.38 | Financial institution imposing access restriction - immunity.
...A financial institution is not subject to criminal or civil liability for imposing an access restriction on an account or complying with a withdrawal directive pursuant to sections 3123.24 to 3123.38 of the Revised Code or for any other action taken in good faith pursuant to those sections. |
Section 3123.41 | Board, license defined.
...As used in sections 3123.41 to 3123.50 of the Revised Code: (A) "Board" means any entity that has the authority pursuant to Title XLVII of the Revised Code to issue a license, and any other agency of this state, other than the supreme court, that has the authority to issue a license that authorizes an individual to engage in an occupation or profession. "Board" includes an administrative officer that has authority t... |
Section 3123.42 | Determining whether defaulting obligor is license holder.
...an individual who is an obligor under a child support order, the child support enforcement agency administering the order may determine whether the individual holds a license issued by a board or, if possible, whether the individual has applied for, or is likely to apply for, a license: (A) A court or child support enforcement agency makes a final and enforceable determination under sections 3123.01 to 3123.07 of ... |
Section 3123.43 | Notice to obligor and licensing board.
...If a child support enforcement agency, pursuant to section 3123.42 of the Revised Code, determines that an individual is a license holder or has applied for, or is likely to apply for, a license, it shall send the notice described in section 3123.44 of the Revised Code to the individual. The agency also may send a notice to the board that gives the name and social security number or other identifying number of the in... |
Section 3123.44 | Contents of notice to obligor.
...e notice shall specify that a court or child support enforcement agency has determined the individual to be in default under a child support order or that the individual is an obligor who has failed to comply with a subpoena or warrant issued by a court or agency with respect to a proceeding to enforce a child support order, that a notice containing the individual's name and social security number or other ide... |
Section 3123.45 | Notice to board if obligor is not in default.
...A child support enforcement agency that sent a notice to a board of an individual's default under a child support order shall send to each board to which the agency sent the notice a further notice that the individual is not in default if it determines that the individual is not in default or any of the following occurs: (A) The individual makes full payment to the office of child support in the department of... |