Ohio Revised Code Search
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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... |
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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... |
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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. |
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Section 3115.602 | Procedure to register order for enforcement.
...opriate 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 be registered, including any modification of the order; (3) A sworn statement by the person requesting registration or a certified statement by the custodian of the records showing the amount of any arrearage; (4) The name of the obligor... |
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Section 3115.603 | Effect of registration for enforcement.
...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 chapter, a tribunal of this state shall recognize and enforce, but may not modify, a registere... |
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Section 3115.604 | Choice of law.
...ribunal of this state or another state determines which is the controlling order and issues an order consolidating arrears, if any, a tribunal of this state shall prospectively apply the law of the state or foreign country issuing the controlling order, including its law on interest on arrears, on current and future support, and on consolidated arrears. |
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Section 3115.605 | Notice of registration of order.
...nonregistering party of the right to a determination of which is the controlling order; (3) State that the procedures provided in division (B) of this section apply to the determination of which is the controlling order; (4) State that failure to contest the validity or enforcement of the order alleged to be the controlling order in a timely manner may result in confirmation that the order is the controlling order.... |
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Section 3115.606 | Procedure to contest validity or enforcement of registered support order.
...stration, 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 alleged arrearages pursuant to section 3115.607 of the Revised Code. (B) If the nonregistering party fails to contest the validity or enforcement of the registered support order in a timely manner, the order is confirmed by operation of law. (C) If a nonregisterin... |
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Section 3115.607 | Contest of registration or enforcement.
...des enforcement of some or all of the alleged arrearages. (8) The alleged controlling order is not the controlling order. (B) If a party presents evidence establishing a full or partial defense under division (A) of this section, a tribunal may stay enforcement of a registered support order, continue the proceeding to permit production of additional relevant evidence, and issue other appropriate orders. An uncontes... |
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Section 3115.608 | Confirmed order.
...mation of a registered support order, whether by operation of law or after notice and hearing, precludes further contest of the order with respect to any matter that could have been asserted at the time of registration. |
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Section 3115.609 | Procedure to register child-support order of another state for modification.
...d. A petition for modification may be filed at the same time as a request for registration, or later. The pleading must specify the grounds for modification. |
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Section 3115.610 | Effect of registration or modification.
...3115.613 of the Revised Code have been met. |
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Section 3115.611 | Modification of child-support order of another state.
...r state, the tribunal of this state becomes the tribunal having continuing, exclusive jurisdiction. (F) Notwithstanding divisions (A) to (E) of this section and division (B) of section 3115.201 of the Revised Code, a tribunal of this state retains jurisdiction to modify an order issued by a tribunal of this state if both of the following apply: (1) One party resides in another state. (2) The other party resides ou... |
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Section 3115.612 | Recognition of order modified in another state.
...If a child-support order issued by a tribunal of this state is modified by a tribunal of another state which assumed jurisdiction pursuant to its uniform interstate family support act, a tribunal of this state: (A) May enforce its order that was modified only as to arrears and interest accruing before the modification; (B) May provide appropriate relief for violations of its order that occurred before the effective... |
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Section 3115.613 | Jurisdiction to modify child-support order of another state when individual parties reside in this state.
...(A) If all of the parties who are individuals reside in this state and the child does not reside in the issuing state, a court of this state has jurisdiction to enforce and to modify the issuing state's child-support order in a proceeding to register that order. (B) A court of this state exercising jurisdiction under this section shall apply the provisions of sections 3115.102 to 3115.211 and sections 3115.601 to 31... |
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Section 3115.614 | Notice to issuing tribunal of modification.
...arty obtaining the modification shall file a certified copy of the order with the issuing tribunal that had continuing, exclusive jurisdiction over the earlier order, and in each tribunal in which the party knows the earlier order has been registered. A party who obtains the order and fails to file a certified copy is subject to appropriate sanctions by a tribunal in which the issue of failure to file arises. The fai... |
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Section 3115.615 | Jurisdiction to modify child-support order of foreign country.
...he personal jurisdiction of the court whether the consent to modification of a child-support order otherwise required of the individual pursuant to section 3115.611 of the Revised Code has been given or whether the individual seeking modification is a resident of this state or of the foreign country. (B) An order issued by a court of this state modifying a foreign child-support order pursuant to this section is the ... |
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Section 3115.616 | Procedure to register child-support order of foreign country for modification.
...d. A petition for modification may be filed at the same time as a request for registration, or at another time. The petition must specify the grounds for modification. |
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Section 3115.701 | Definitions.
...(D) "Direct request" means a petition filed by an individual in a tribunal of this state in a proceeding involving an obligee, obligor, or child residing outside the United States. (E) "Foreign central authority" means the entity designated by a foreign country described in division (E)(4) of section 3115.102 of the Revised Code to perform the functions specified in the convention. (F) "Foreign support agreement" m... |
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Section 3115.702 | Application of convention.
...Sections 3115.701 to 3115.713 of the Revised Code apply only to a support proceeding under the convention. In such a proceeding, if a provision of sections 3115.701 to 3115.713 of the Revised Code is inconsistent with sections 3115.102 to 3115.616 of the Revised Code, sections 3115.701 to 3115.713 control. |
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Section 3115.703 | Relationship of department to United States central authority.
...The department of job and family services is recognized as the agency designated by the United States central authority to perform specific functions under the convention. |
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Section 3115.704 | Initiation by support agency of support proceeding under convention.
...isting order, including, if necessary, determination of parentage of a child; (4) Establishment of a support order if recognition of a foreign support order is refused under division (B)(2), (4), or (9) of section 3115.708 of the Revised Code; (5) Modification of a support order of a tribunal of this state; (6) Modification of a support order of a tribunal of another state or a foreign country. (C) The following ... |
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Section 3115.705 | Direct request.
...g country has benefited from free legal assistance is entitled to benefit, at least to the same extent, from any free legal assistance provided for by the law of this state under the same circumstances. (D) A petitioner filing a direct request is not entitled to assistance from the support enforcement agency. (E) Sections 3115.701 to 3115.713 of the Revised Code do not prevent the application of laws of this state ... |
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Section 3115.706 | Registration of convention support order.
...which the applicant received free legal assistance in the issuing country. (C) A request for registration of a convention support order may seek recognition and partial enforcement of the order. (D) A court of this state may vacate the registration of a convention support order without the filing of a contest under section 3115.707 of the Revised Code only if, acting on its own motion, the court finds that recognit... |
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Section 3115.707 | Contest of registered convention support order.
...ort order may be based only on grounds set forth in section 3115.708 of the Revised Code. The contesting party bears the burden of proof. (E) In a contest of a registered convention support order, both of the following apply: (1) A court of this state is bound by the findings of fact on which the foreign tribunal based its jurisdiction. (2) A court of this state may not review the merits of the order. (F) A court... |