Ohio Revised Code Search
| Section |
|---|
|
Section 3123.03 | Sending default notice to obligor.
...Within fifteen calendar days after the identification of a default under a support order, the office of child support in the department of job and family services shall send a default notice to the obligor. The default notice shall include a summary of the actions that may be taken against the obligor if the court or agency makes a final and enforceable determination that the obligor is in default. If the loca... |
|
Section 3123.031 | Default notice contents.
...The default notice shall contain all of the following: (A) The date on which it is issued; (B) A statement that the obligor is in default under a support order; (C) The amount of arrearages the obligor owes due to the default as of the date the default notice is issued; (D) A statement that any arrearages owed by the obligor that arise after the default notice is issued and during the period of default will be a... |
|
Section 3123.032 | Notice becomes final determination if no request for hearing.
...(A) If an obligor who has received a default notice under section 3123.03 of the Revised Code fails to make a timely request for an administrative hearing under section 3123.04 of the Revised Code, the default notice becomes a final and enforceable determination by the child support enforcement agency that identified the default of both of the following: (1) The obligor is in default under the support order. (2) Th... |
|
Section 3123.033 | Standard forms for default notice.
...The department of job and family services shall adopt standard forms for the default notice. |
|
Section 3123.034 | Notice issued before 12/13/2002.
...An advance notice issued under section 3123.03 of the Revised Code as that section existed prior to the effective date of this section shall be treated the same as a default notice issued under section 3123.03 of the Revised Code as amended by this act. If an obligor subject to an advance notice has not exhausted the rights to contest withholding or deduction because of a mistake of fact pursuant to sections 3123.02 ... |
|
Section 3123.04 | Administrative hearing.
...An obligor who receives a default notice under section 3123.03 of the Revised Code may file a written request for an administrative hearing with the child support enforcement agency that identified the default regarding whether a mistake of fact was made in the notice. The request must be filed not later than fourteen days after the date on which the default notice is issued. If the obligor makes a timely request f... |
|
Section 3123.05 | Motion for court hearing.
...d support enforcement agency issues its determinations under section 3123.04 of the Revised Code, the obligor files a written motion for a court hearing to determine whether a mistake of fact still exists in the default notice, the court shall hold a hearing as soon as possible, but not later than ten days, after the motion is filed. Not later than five days before the date on which the court hearing is to be held, t... |
|
Section 3123.06 | Final and enforceable determination of default.
...hall issue one or more court orders imposing other appropriate requirements in accordance with sections 3121.03, 3121.035, and 3121.04 to 3121.08, and division (C) of section 3121.12 of the Revised Code. (2) If a withholding notice was issued in accordance with section 3123.021 of the Revised Code with respect to the order and the final and enforceable determination of default altered the arrearage amount stated in ... |
|
Section 3123.061 | Application of presumed minimum payment provision.
...Section 3123.21 of the Revised Code applies to a withholding or deduction notice or other appropriate order issued under section 3123.06 of the Revised Code as that section existed prior to the effective date of this section beginning on the date the notice or order was issued and ending on the date the period of default ends. |
|
Section 3123.07 | Failing to give default notice.
...of the office of child support in the department of job and family services to give the default notice required by section 3123.03 of the Revised Code does not affect the ability of any child support enforcement agency or court to issue any notice or order for the payment of support, does not provide any defense to any notice or order for the payment of support, and does not affect any obligation to pay support. |
|
Section 3123.10 | Duty of court to notify agency.
...t is required to issue a withholding or deduction notice under section 3121.03 of the Revised Code or to issue a court order described in division (C) or (D) of that section and fails to do so. (B) The court issued an order under division (B)(1) of former section 3113.21 of the Revised Code, as it existed immediately preceding December 1, 1986, or issues a withholding or deduction notice under section 3121.03 of the... |
|
Section 3123.11 | Agency to notify obligee of default.
...On receipt of notice under section 3123.10 of the Revised Code, the child support enforcement agency shall notify the obligee of the default, of the obligee's rights and remedies, and that the agency is responsible for enforcing support orders under section 3125.11 of the Revised Code, Title IV-D of the "Social Security Act," 88 Stat. 2351 (1975), 42 U.S.C. 651 et seq., as amended, and Chapter 3125. of the Revised Co... |
|
Section 3123.12 | Keeping case files open.
...gency, solely because the support due under a support order has not been paid or has not been paid periodically or recently, shall consider, list, or otherwise administer the support order or the case pertaining to it as if either were closed or close the files or the case pertaining to the support order. |
|
Section 3123.121 | Rules for keeping case files open.
...s shall adopt, revise, or amend rules under Chapter 119. of the Revised Code to assist in the implementation of section 3123.12 of the Revised Code. |
|
Section 3123.13 | Payment of arrearage does not terminate order.
...No withholding or deduction notice or other appropriate order described in section 3121.03 of the Revised Code and issued under the Revised Code shall be terminated solely because the obligor pays any part or all of the arrearages under the support order. |
|
Section 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 chi... |
|
Section 3123.15 | Action to collect arrearage.
...red by section 3123.14 of the Revised Code within twenty days after completion of an application by the obligee. |
|
Section 3123.16 | Payments to be monthly.
...Any order issued under section 3123.14 of the Revised Code shall be payable at least monthly. |
|
Section 3123.17 | Issuing or modifying support order when obligor is in default under prior order.
...rt issues or modifies a court support order, the court shall determine the following: (1) Whether the obligor is in default under a prior court support order or the court support order being modified; (2) If the obligor is in default, the date the court support order went into default and the amount of support arrearages owed pursuant to the default. If the court determines the obligor is in default under a suppor... |
|
Section 3123.171 | Interest on support arrearage.
...rt shall enter the reasons for not assessing interest in the journal. |
|
Section 3123.18 | Final judgment.
...t or child support enforcement agency made a final and enforceable determination under sections 3123.02 to 3123.071 of the Revised Code as those sections existed prior to the effective date of this section or makes a final and enforceable determination under sections 3123.01 to 3123.07 of the Revised Code that an obligor is in default under a support order, each payment or installment that was due and unpaid under th... |
|
Section 3123.181 | Certified pay-off statement.
... enforcement agency administering the order for which a judgment under section 3123.18 of the Revised Code has arisen shall issue to the obligor and obligee or their authorized representatives a certified pay-off statement of the total amount due on the judgment as of the time of the request. The certified pay-off statement shall be valid for a period of thirty days after the date it was issued. |
|
Section 3123.182 | Obtaining execution on certified pay-off statement.
... a certified pay-off statement issued under section 3123.181 of the Revised Code is valid, the obligee under the support order for which the statement was issued, or a child support enforcement agency on behalf of the obligee, may bring an action to obtain execution on the certified pay-off statement in the common pleas court that issued the support order or, if the order is an administrative child support order, the... |
|
Section 3123.183 | Applicability of additional authority to collect arrearage.
...ns 3123.18 to 3123.182 of the Revised Code limits the applicability of section 3123.22 of the Revised Code. |
|
Section 3123.19 | Disposing of payments received on arrearage.
...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 order and has a claim against another p... |