Ohio Revised Code Search
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Section 3105.82 | Requirements of order.
...ct a lump sum payment; (2) As a percentage of a fraction determined as follows of a monthly benefit or lump sum payment: (a) The numerator of the fraction shall be the number of years during which the participant was both a contributing member of a public retirement program and married to the alternate payee. (b) The denominator, which shall be determined by the public retirement program at the time the participan... |
Section 3105.821 | Monthly benefit.
...The monthly benefit used under division (D)(2) of section 3105.82 of the Revised Code to determine the amount to be paid an alternate payee from a monthly benefit shall be whichever of the following applies: (A) If the participant is receiving a monthly benefit, the monthly benefit shall be the benefit the participant is receiving at the time the decree of divorce or dissolution becomes final; (B) If the part... |
Section 3105.83 | Commencing payments.
...Payments under an order described in section 3105.81 of the Revised Code shall commence as provided under section 145.571, 742.462, 3305.21, 3307.371, 3309.671, or 5505.261 of the Revised Code. An alternate payee has no right or privilege under sections 742.01 to 742.61 or Chapter 145., 3305., 3307., 3309., or 5505. of the Revised Code that is not provided in those sections or chapters. An order described in section... |
Section 3105.84 | Defraying administrative costs.
...An order described in section 3105.81 of the Revised Code shall authorize the board of the public retirement program that is or will be paying the benefit or lump sum payment to withhold from any benefit or payment that is subject to an order an amount determined by the public retirement program to be necessary to defray the cost of administering the order. This amount shall be divided equally between the participant... |
Section 3105.85 | Limit on withholding.
...f the benefit or payment and the percentage of the benefit or payment that is or will be paid under orders described in section 3111.23 or 3113.21 of the Revised Code. (D) The public retirement program that is or will be paying the benefit or lump sum payment shall act in accordance with section 145.571, 742.462, 3305.21, 3307.371, 3309.671, or 5505.261 of the Revised Code. |
Section 3105.86 | Terminating alternate payee rights.
...An alternate payee's rights under an order described in section 3105.81 of the Revised Code shall terminate on the earlier of the following: (A) The death of the participant; (B) The death of the alternate payee; (C) The termination of a benefit paid to a participant under sections 742.01 to 742.61 or Chapter 145., 3305., 3307., 3309., or 5505. of the Revised Code. |
Section 3105.87 | Disclosing participant's personal history record.
...The court may order a public retirement program or the Ohio public employees deferred compensation program to provide information from a participant's personal history record necessary to determine the amounts described in division (D) of section 3105.82 of the Revised Code. |
Section 3105.88 | Transmitting order to retirement program.
...The clerk of courts shall transmit a certified copy of an order described in section 3105.81 of the Revised Code to each public retirement program named in the order. If the clerk of courts fails to transmit an order, the public retirement program named in the order is not required to administer the order. The public retirement program shall retain an order in accordance with section 145.571, 742.462, 3305.21, 3307... |
Section 3105.89 | Court retains jurisdiction - modification of orders.
...Notwithstanding division (I) of section 3105.171 of the Revised Code: (A) The court shall retain jurisdiction to modify, supervise, or enforce the implementation of an order described in section 3105.81 of the Revised Code. (B) The court may modify an order issued under section 3105.171 or 3105.65 of the Revised Code that was effective prior to the effective date of this section for the purpose of enforcing the or... |
Section 3105.90 | Form for court orders.
...The state retirement systems, the Ohio state bar association, and the Ohio domestic relations judges association shall jointly create a form to be used by courts for orders described in section 3105.81 of the Revised Code. Each state retirement system shall, by rule adopted in accordance with section 111.15 of the Revised Code, adopt the form created under this section. |
Section 3105.99 | Penalty.
...(A) Whoever violates section 3105.02 of the Revised Code shall be fined not less than twenty-five nor more than five hundred dollars or imprisoned not more than six months, or both. |
Section 3111.01 | Parent and child relationship defined.
...rents. (B) As used in this chapter, "caretaker" has the same meaning as in section 3119.01 of the Revised Code. |
Section 3111.02 | Establishing parent and child relationship.
...l give full faith and credit to a parentage determination made under the laws of this state or another state, regardless of whether the parentage determination was made pursuant to a voluntary acknowledgement of paternity, an administrative procedure, or a court proceeding. |
Section 3111.03 | Presumption of paternity.
...arriage or is born within three hundred days after the marriage is terminated by death, annulment, divorce, or dissolution or after the man and the child's mother separate pursuant to a separation agreement. (2) The man and the child's mother attempted, before the child's birth, to marry each other by a marriage that was solemnized in apparent compliance with the law of the state in which the marriage took place, th... |
Section 3111.04 | Standing to bring paternity action.
...s father, the child support enforcement agency of the county in which the child resides if the child's mother, father, or alleged father is a recipient of public assistance or of services under Title IV-D of the "Social Security Act," 88 Stat. 2351 (1975), 42 U.S.C.A. 651, as amended, or the alleged father's personal representative. (2) A man alleged or alleging himself to be the child's father is not eligible to ... |
Section 3111.041 | Caretaker authorization of genetic testing.
...A caretaker of a child may authorize genetic testing of the child pursuant to any action or proceeding under Chapter 3111. of the Revised Code. |
Section 3111.05 | Statute of limitations.
... five years after the child reaches the age of eighteen. Neither section 3111.04 of the Revised Code nor this section extends the time within which a right of inheritance or a right to a succession may be asserted beyond the time provided by Chapter 2105., 2107., 2113., 2117, or 2123. of the Revised Code. |
Section 3111.06 | Jurisdiction of courts - personal jurisdiction.
... in which the child support enforcement agency that issued the order is located. If an action for divorce, dissolution, or legal separation has been filed in a court of common pleas, that court of common pleas has original jurisdiction to determine if the parent and child relationship exists between one or both of the parties and any child alleged or presumed to be the child of one or both of the parties. (B) A pe... |
Section 3111.07 | Parties to action - intervention.
...be heard. The child support enforcement agency of the county in which the action is brought also shall be given notice of the action pursuant to the Rules of Civil Procedure and shall be given an opportunity to be heard. The court may align the parties. The child shall be made a party to the action unless a party shows good cause for not doing so. Separate counsel shall be appointed for the child if the court finds t... |
Section 3111.08 | Rules of Civil Procedure govern action.
...(A) An action brought pursuant to sections 3111.01 to 3111.18 of the Revised Code to declare the existence or nonexistence of the father and child relationship is a civil action and shall be governed by the Rules of Civil Procedure unless a different procedure is specifically provided by those sections. (B) If an action is brought against a person to declare the existence or nonexistence of the father and child rela... |
Section 3111.09 | Genetic tests - DNA records.
...he genetic testing no later than thirty days after the court issues its order. If the agency is made a party to the action, the agency shall schedule the genetic testing in accordance with the rules adopted by the director of job and family services pursuant to section 3111.611 of the Revised Code. If the alleged father of a child brings an action under sections 3111.01 to 3111.18 of the Revised Code and if the mot... |
Section 3111.10 | Evidence of paternity.
...In an action brought under sections 3111.01 to 3111.18 of the Revised Code, evidence relating to paternity may include: (A) Evidence of sexual intercourse between the mother and alleged father at any possible time of conception; (B) An expert's opinion concerning the statistical probability of the alleged father's paternity, which opinion is based upon the duration of the mother's pregnancy; (C) Genetic test resul... |
Section 3111.11 | Pretrial hearing.
...If the person against whom an action is brought pursuant to sections 3111.01 to 3111.18 of the Revised Code does not admit in his answer the existence or nonexistence of the father and child relationship, the court shall hold a pretrial hearing, in accordance with the Civil Rules, at a time set by the court. At the pretrial hearing, the court shall notify each party to the action that the party may file a motion requ... |
Section 3111.111 | Temporary support order.
...ay support to the natural mother or the caretaker of the child. The order shall remain in effect until the court issues a judgment in the action pursuant to section 3111.13 of the Revised Code that determines the existence or nonexistence of a father and child relationship. If the court, in its judgment, determines that the alleged father is not the natural father of the child, the court shall order the person to who... |
Section 3111.12 | Witnesses - admission of evidence - priority of actions.
...n with the court no later than fourteen days after the report of the test results or the DNA record information is mailed to the attorney of record of a party or to a party. The party making the objection shall send a copy of the objection to all parties. If a party files a written objection, the report of the test results or the DNA record information shall be admissible into evidence as provided by the Rules of E... |