Ohio Revised Code Search
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Section 3115.311 | Pleadings and accompanying documents.
...(A) In a proceeding under this chapter, a petitioner seeking to establish a support order, to determine parentage of a child, or to register and modify a support order of a tribunal of another state or a foreign country must file a petition. Unless otherwise ordered under section 3115.312 of the Revised Code, the petition or accompanying documents must provide, so far as known, the name, residential address, and soci... |
Section 3115.312 | Nondisclosure of information in exceptional circumstances.
...If a party alleges in an affidavit or a pleading under oath that the health, safety, or liberty of a party or child would be jeopardized by disclosure of specific identifying information, that information must be sealed and may not be disclosed to the other party or the public. After a hearing in which a tribunal takes into consideration the health, safety, or liberty of the party or child, the tribunal may ord... |
Section 3115.313 | Costs and fees.
...(A) The petitioner may not be required to pay a filing fee or other costs. (B) If an obligee prevails, a responding tribunal of this state may assess against an obligor filing fees, reasonable attorney's fees, other costs, and necessary travel and other reasonable expenses incurred by the obligee and the obligee's witnesses. The tribunal may not assess fees, costs, or expenses against the obligee or the support enfo... |
Section 3115.314 | Limited immunity of petitioner.
...(A) Participation by a petitioner in a proceeding under this chapter before a responding tribunal, whether in person, by private attorney, or through services provided by the support enforcement agency, does not confer personal jurisdiction over the petitioner in another proceeding. (B) A petitioner is not amenable to service of civil process while physically present in this state to participate in a proceeding unde... |
Section 3115.315 | Nonparentage as a defense.
...A party whose parentage of a child has been previously determined by or pursuant to law may not plead nonparentage as a defense to a proceeding under this chapter. |
Section 3115.316 | Special rules of evidence and procedure.
...(A) The physical presence of a nonresident party who is an individual in a tribunal of this state is not required for the establishment, enforcement, or modification of a support order or the rendition of a judgment determining parentage of a child. (B) An affidavit, a document substantially complying with federally mandated forms, or a document incorporated by reference in any of them, which would not be excluded u... |
Section 3115.317 | Communications between tribunals.
...A tribunal of this state may communicate with a tribunal outside this state in a record or by telephone, electronic mail, or other means to obtain information concerning the laws, the legal effect of a judgment, decree, or order of that tribunal and the status of a proceeding. A tribunal of this state may furnish similar information by similar means to a tribunal outside this state. |
Section 3115.318 | Assistance with discovery.
...A tribunal of this state may do both of the following: (A) Request a tribunal outside this state to assist in obtaining discovery; (B) Upon request, compel a person over which it has jurisdiction to respond to a discovery order issued by a tribunal outside this state. |
Section 3115.319 | Receipt and disbursement of payments.
...(A) A support enforcement agency or tribunal of this state shall disburse promptly any amounts received pursuant to a support order, as directed by the order. The agency or tribunal shall furnish to a requesting party or tribunal of another state or a foreign country a certified statement by the custodian of the record of the amounts and dates of all payments received. (B) If neither the obligor, nor the obligee who... |
Section 3115.401 | Establishment of support order.
...(A) If a support order entitled to recognition under this chapter has not been issued, a responding tribunal of this state with personal jurisdiction over the parties may issue a support order if either of the following applies: (1) The individual seeking the order resides outside this state. (2) The support enforcement agency seeking the order is located outside this state. (B) The tribunal may issue a temporary ... |
Section 3115.402 | Proceeding to determine parentage.
...A tribunal of this state authorized to determine parentage of a child may serve as a responding tribunal in a proceeding to determine parentage of a child brought under this chapter or a law or procedure substantially similar to this chapter. |
Section 3115.501 | Employer's receipt of income-withholding order of another state.
...An income-withholding order issued in another state may be sent by or on behalf of the obligee, or by the support enforcement agency, to the person defined as the obligor's employer or other payor under Chapter 3121. of the Revised Code without first filing a petition or comparable pleading or registering the order with a tribunal of this state. |
Section 3115.502 | Employer's compliance with income-withholding order of another state.
...(A) Upon receipt of an income-withholding order, the obligor's employer or other payor shall immediately provide a copy of the order to the obligor. (B) The employer or other payor shall treat an income-withholding order issued in another state that appears regular on its face as if it had been issued by a tribunal of this state. (C) Except as otherwise provided in division (D) of this section and section 3115.503 ... |
Section 3115.503 | Employer's compliance with two or more income-withholding orders.
...If an obligor's employer or other payor receives two or more income-withholding orders with respect to the earnings of the same obligor, the employer or other payor satisfies the terms of the orders if the employer or other payor complies with the law of the state of the obligor's principal place of employment to establish the priorities for withholding and allocating income withheld for two or more child-support obl... |
Section 3115.504 | Immunity from civil liability.
...An employer or other payor that complies with an income-withholding order issued in another state in accordance with sections 3115.501 to 3115.507 of the Revised Code is not subject to civil liability to an individual or agency with regard to the employer's or other payor's withholding of child support from the obligor's income. |
Section 3115.505 | Penalties for noncompliance.
...An employer or other payor that willfully fails to comply with an income-withholding order issued in another state and received for enforcement is subject to the same penalties that may be imposed for noncompliance with an order issued by a tribunal of this state. |
Section 3115.506 | Contest by obligor.
...(A) An obligor may contest the validity or enforcement of an income-withholding order issued in another state and received directly by an employer or other payor in this state by registering the order in a court of this state and filing a contest to that order as provided in sections 3115.601 to 3115.616 of the Revised Code, or otherwise contesting the order in the same manner as if the order had been issued by a tri... |
Section 3115.507 | Administrative enforcement of orders.
...(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 approp... |
Section 3115.601 | Registration of order of enforcement.
...A support order or income-withholding order issued in another state or a foreign support order may be registered in this state for enforcement. |
Section 3115.602 | Procedure to register order for enforcement.
...(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 b... |
Section 3115.603 | Effect of registration for enforcement.
...(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 c... |
Section 3115.604 | Choice of law.
...(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... |
Section 3115.605 | Notice of registration of order.
...(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 reg... |
Section 3115.606 | Procedure to contest validity or enforcement of registered support order.
...(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 allege... |
Section 3115.607 | Contest of registration or enforcement.
...(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 o... |