Home Page   Services   About Us   Testimonials   Contact Us  Free Services   State Law   Support Info   Helpful Links   FAQ   The Law Office of Ronn Bisbee Child Support Laws By State Ohio State Profile A. General/State-At-A-Glance B. UIFSA C. Reciprocity D. Age of Majority E. Statute of Limitations F. Support Details G. Income Withholding H. Paternity I. Support Order Establishment J. Support Enforcement K. Modification and Review/Adjustment L. Lump Sum Payments M. Insurance Match A. General/State-At-A-Glance A1. What is your State's program administration/operation type (State administered/State operated, State administered/County operated, or a combination)? State Administered/County Administered and operated. A2. How many local IV-D offices are in your State (excluding agencies with cooperative agreements)? 88 offices A3. With what types of agencies do you have cooperative agreements? Clerks of Courts, Prosecutors, Genetic Testing Labs, Credit Bureaus, Collection Agencies, Private Attorneys, and county sheriffs for service of process and extradition. A4. Does your State have statutes that set forth the attorney-client relationship between the State's attorney and the agency only? No A4.1. If yes, what is the statutory citation? For Additional Information - No Link Provided A4.2. Did your State have the State's Bar Counsel issue an opinion setting for the attorney-client relationship? Supreme Court Board of Commissioners on Grievances and Discipline's Opinion 90-10, issued June 15, 1990. A4.3. If yes, please explain. This opinion concludes that IV-D attorneys represent the state and not any individual party. B. UIFSA B1. What is the enactment date of your State's Uniform Interstate Family Support Act (UIFSA)? 01/01/1998             B2. What is the effective date of your State's UIFSA? 01/01/1998   B3. What is the statutory citation for your State's Act? Ohio Revised Code Chapter 3115. For Additional Information - http://codes.ohio.gov/orc/3115 B4. What version of UIFSA has your state implemented (i.e. the 1996 or 2001 version)? None. B4.1. If your state has implemented the 2001 version, when was it implemented? N/A B5. Optional comments regarding your State's UIFSA.   C. Reciprocity C1. With what foreign countries does your State reciprocate? Australia, Austria, Canada (all provinces except Nunavit), Czech and Slovak Republics, France, Germany, Hungary, Ireland, Mexico, New Zealand, Poland, Sweden and United Kingdom C1.1. Does your State exercise its option to receive Federal Funding Participation (FFP) for enforcement of spousal only orders for foreign reciprocating countries?   C1.2. If yes, please explain. N/A C2. Has your State established reciprocity with any Tribal courts? No C2.1. If yes, list the Tribes and identify services provided, if less than full services.   D. Age of Majority D1. What is the age of majority in your State? 18 years of age, or as long as the child attends high school on a full time basis or a court order requires the duty of support to continue. Unless specified in the court order, no duty of support extends beyond the nineteenth birthday of the child. D2. What is the statutory citation for the age of majority? Ohio Revised Code section 3109.01 For Additional Information - http://codes.ohio.gov/orc/3109.01 D3. If not addressed in the order, at what age is child support automatically terminated as a matter of State law? Qualify, if necessary. See D1 above. D4. Does the date of the order impact what law is applied? No    D4.1. If yes, please explain.   D5. Does child support end if the child leaves the household but does not emancipate? No D5.1. Optional comments regarding emancipation.   D6. Does your State allow support to be paid beyond the age of majority under any circumstances (e.g. the child is handicapped or in college)? Yes D6.1. If yes, please explain. If specified in a court order either due to handicap or college. D7. Does your state automatically reduce current support owed for remaining children after one of the children in an order reaches the age of majority or other wise emancipates? No D7.1. If yes, please describe the procedure.   E. Statute of Limitations E1. What is your State's statute of limitations for collection of past due support? A. Ohio has no statute of limitations on collection of child support. E2. What is your State's statute of limitations for paternity establishment? 23 For Additional Information - http://codes.ohio.gov/orc/3111.05 E3. Is dormancy revival/renewal possible? No E3.1. Please explain the circumstances when possible, and the length of time possible.   F. Support Details F1. What guideline type or method does your State use to calculate child support (e.g., Shared Income Model, Percentage of Income Model, and Melson Formula)? Income Shares Model. For Additional Information - No Link Provided F2. Does your State charge interest on missed arrears? The court shall assess interest on the amount of support an obligor failed to pay if the court determines the failure to be willful and the arrears accrued after July 15, 1992. F2.1. If yes, please indicate the amount of interest charged and any related conditions. The court shall assess interest on the amount of support an obligor failed to pay if the court determines the failure to be willful and the arrears accrued after July 15, 1992. F3. Does your State charge interest on retroactive support? No F3.1. If yes, please indicate the amount of interest charged and any related conditions. Ohio prohibits the ordering of retroactive support. F4. Does your State charge interest on adjudicated arrears? Yes F4.1. If yes, please indicate the amount of interest charged and any related conditions. Interest can be assessed if the arrears have been reduced to judgment. For Additional Information - No Link Provided F5. Will your State enforce a medical debt for 50% of the uninsured portion of a medical bill? Yes F5.1. If yes, under what circumstances? Reimbursement of uninsured medical expenses is a non IV-D activity unless the amount is reduced to a lump sum and a repayment order has been issued. F6. Does your state elect to recover costs or charge fees in your IV-D State Plan? No F6.1. If yes, what costs are recovered from/fees charged to the obligee? Ohio does not recover costs from obligees. F6.2. What costs are recovered from/fees charged to the obligor? Ohio charges an administrative fee equal to 2% of each payment in addition to the child support order. Court orders also assess repayment of genetic testing fees and other court costs in their discretion. F7. Does your State recover costs on behalf of the initiating State? Yes   F7.1. Optional comments regarding recovering of initiating State's fees.   F8. Please provide a citation for your State's long-arm statute to establish and/or enforce child support. Ohio Revised Code 2307.381, 2307.385, 3111.06 and 3115.03 (UIFSA). For Additional Information - http://codes.ohio.gov/orc F9. Does your State establish, enforce, or modify spousal maintenance orders? Yes   F9.1. If yes, under what circumstances? Enforcement of spousal support in conjunction with child support is an IV-D activity. We also enforce spousal support only as a non IV-D activity. Only a domestic relations court may establish or modify spousal support. F10. Does your State require the initiating State to include information about the new spouse or partner upon a request for establishment or modification (See General Testimony, See AT 05-03)? No   F10.1. Optional comments regarding required information on spouse or partner.   F11. How does your State impose and collect the mandatory annual fee applicable to IV-D cases for individuals who have never received IV-A assistance? A processing charge of the greater of 2% or $1.00 is added to each child support obligation that is paid by the non custodial parent. The mandatory annual fee is recovered from the processing charges collected after $500.00 has been paid on never assistance cases. See ORC § 3119.27 F11.1. Does your State collect the fee by retaining the support collected on behalf of the individual (but not the first $500 collected)? No F11.2 Does your State collect the fee from the individual applying for IV-D s.ervices? No F11.3. Does your State collect the fee from the absent parent? Yes, please see F11, above. F11.4. Does your State pay the fee out of its own funds? Yes, when recovered processing charges do not total to $25.00 on the case, the state pays the balance of the fee out of its own funds. F12. When will your State implement the required DRA limited-assignment provision? 10/1/2009 F13. Will your State pass through (and disregard for TANF eligibility purposes) the Excepted Portion to Families in Current Assistance cases? No. F13.1. If yes, provide the date.   F14. Will your State participate in the pass through in Former Assistance cases? No. F14.1. If yes, provide the date. F15. Will your State discontinue eligible assignments under the DRA of 2005? No F15.1. If yes, list the eligible assignments your State would discontinue. N/A F15.2. When will your State discontinue each type of assignment? N/A F16. Will your State follow PRWORA distribution ordering rules or DRA distribution ordering rules in Former Assistance cases? PRWORA distribution rules. F17. What are your States requirements to redirect payments from the court-order payee when a child on the order is receiving TANF with a different payee? Most Ohio courts require a legal order of custody for a new caretaker. The underlying order is then terminated and a new order in favor of the caretaker is established. F17.1. What are your States requirements to redirect payments from the court-order payee when a child on the order is receiving Medicaid-only with a different payee? Same answer as F17 F17.2. What are your State's requirements to redirect payments from the court-order payee when a child on the order is with a different payee and not receiving TANF or Medicaid only? Same answer as F17 F17.3. How does your State collect the $25.00 annual fee on never-TANF cases? "A processing charge of the greater of 2% or $1.00 is added to each child support obligation that is paid by the non custodial parent. The mandatory annual fee is recovered from the processing charges collected after $500.00 has been paid on never assistance cases. See ORC § 3119.27" G. Income Withholding G1. What term(s) does your State use to refer to income withholding (e.g., wage withholding)? Income withholding. G2. What specific source of income is not subject to withholding? Benefits from means-tested public assistance programs or benefits for any service connected disability. For Additional Information - http://codes.ohio.gov/orc/3121.01 G3. Does your State have any limits on income withholding in addition to the Consumer Credit Protection Act (CCPA) limits? No G3.1. If yes, what are those limits? N/A G4. What is the allowable fee per pay period for processing income withholding payments? $2 or an amount not to exceed 1% of the amount withheld for support, whichever is greater. For Additional Information - http://codes.ohio.gov/orc/3121.18 G5. After receiving an income withholding order or notice, what is the date by which the employer is required to implement income withholding? No later than 14 working days following the date the notice was mailed to the payer. G6. What is the date by which an employer must remit amounts withheld from an employee's pay? Immediately, but no later than seven working days after the date the obligor is paid. G7. What are your State's procedures for sanctioning employers for not implementing income withholding? The employer is liable for the accumulated amount the employer should have withheld from the obligor's wages. G8. What is the penalty to an employer for failure to remit payments withheld? Employer will be subjected to violations that carry penalties of fines and/or contempt. G9. Does your State allow direct income withholding of unemployment insurance (UI) benefits across State lines? Yes G9.1. If yes, list the name and address for the contact who will receive the direct income withholding order. U.C. Withholding ODJFS Child Benefits Section 4020 East 5th Ave. Columbus, Ohio 43219 (614) 466-8006-ph (614) 995-0156 fax G9.2. Optional comments regarding direct withholding of UI benefits across state lines.   G10. Does your State allow direct income withholding of workers' compensation (WC) benefits across State lines? Yes G10.1. Optional comments regarding direct withholding of WC benefits across State lines.   G11. How does an obligor contest income withholding in your State? Contest to direct income withholding is through action for Declaratory Judgment in Juvenile Court. G12. When the obligor has more than one claim for child support against his/her income, indicate your State's priority scheme for income withholding orders (e.g., employer should allocate available amount for withholding equally among all orders or prorate available amount across orders). Withheld income is applied proportionately to current obligations under all orders, then to order on arrears under all orders, then arrears under all orders. Example: Obligor has two support orders for current support, with order "A" requiring $100 per week and order "B" requiring $50 per week. Due to CCPA limitations, the obligor only has $100 per week available income, so $66.67 (approx.) would be applied to order "A" and $33.33 (approx.) applied to order "B". G12.1. If an employer in your State receives more than one income withholding order for child support from other States; can the employer request your assistance? Yes G12.2. If assistance is not available, explain how employers should proceed. Please provide a citation for the State law that governs how they should proceed. Ohio Revised Code section 3121.034 Allocate by multiplying the amount of current support for each order by a fraction, the numerator of which is the amount available for withholding and the denominator is the total amount in all the notices as current support. For Additional Information - http://codes.ohio.gov/orc/3121.034 G13. Does your State require any mandatory deductions, such as union dues, medical insurance premiums, etc., to arrive at net pay from gross pay when calculating disposable income for child support purposes? Ohio's child support income shares guidelines begin with the gross income of each party and then adjustments can be made to arrive at a net pay. G14. When does your state require the employer to send notice of an employee's termination? A payor is required to notify the IV-D agency within ten business days of any situation, including termination of employment, where the payor stops paying income. ORC. 3121.037 (A)(8). For Additional Information - http://codes.ohio.gov/orc/3121.037 G15. How long should an employer retain the income-withholding order (IWO) after termination of an employee, in anticipation of reinstating the withholding should the employee be rehired? There are no specific requirements in the Ohio Revised Code for retaining an IWO after the termination of an employee. G16. Does the State charge any fee to the obligor that the employer is required to withhold and remit to the State? Ohio law requires the payment of a processing charge that is the greater of two per cent of the support payment to be collected under a support order or one dollar per month. G17. Does your State offer an alternate web-based payment mechanism in addition to paper and EFT/EDI? In Ohio, payments can be remitted free of charge through the ExpertPay application. Payments are debited from the remitter's bank account on the date provided by the remitter. The remitter can authorize a one-time -only payment or recurring payments (i.e. bi-weekly, monthly, etc.). The website is : http://www.expertpay.com/ Obligors can also pay via MasterCard at website: https://www.e-childspay.com/pcsoapp/login.do For Additional Information - No Link Provided G18. Can a direct income withholding be sent to any of the following in your State: employer, financial institution (explain what institutions), Bureau of Workers Compensation, or other income payer? Yes For Additional Information - http://codes.ohio.gov/orc/3121.01 G19. If there is insufficient income for an employer to withhold for both the total amount of child support and medical support, describe your State's prioritization between child support and medical support. Child support has priority For Additional Information - http://codes.ohio.gov/orc/3121.037 H. Paternity H1. When your State enters an order establishing paternity, are issues of custody and visitation also addressed? No H1.1. If yes, please explain. A tribunal has no jurisdiction over visitation or custody in UIFSA cases. H2. What is the percentage of probability for genetic testing that creates a rebuttable or conclusive presumption of paternity? For Additional Information - No Link Provided H3. Optional comments regarding paternity acknowledgment conclusive legislation. Paternity Acknowledgment is rebuttable. If not rescinded, within sixty days after the acknowledgment is signed, it becomes a conclusive determination of paternity. For Additional Information - No Link Provided H4. What is the effective date of the State law that makes paternity acknowledgments conclusive? 01/01/1998   H4.1. Were acknowledgments prior to that effective date rebuttable? Yes H4.2. Optional comments regarding paternity acknowledgments prior to that date. For Additional Information - No Link Provided H5. Does marriage constitute a rebuttable presumption of paternity? Yes H5.1. If yes, how is the presumption rebutted? Evidence that marriage did not really occur. For Additional Information - No Link Provided H6. If the father's name is on the birth certificate and paternity has not been established by any other means does this mean that paternity is conclusively determined? No   H6.1. If no, briefly explain. Father's name on the birth certificate is evidence, but no longer a presumption of paternity. For Additional Information - http://codes.ohio.gov/orc/3111.03 H7. Does your State have any other paternity-related presumptions? Yes H7.1. If yes, briefly explain. Voluntary acknowledgment. For Additional Information - http://codes.ohio.gov/orc/3111.03 H8. Does your State have a putative fathers' registry? Yes H8.1. If yes, what is the name of that entity? Ohio Putative Father Registry. H9. Are there any fees for requesting searches, paternity documents, and data from your State Bureau of Vital Statistics? Yes H9.1. If yes, please describe any circumstances under which these fees may be waived. Information on paternities established after 1/1/98 is available on line from the Central Paternity Registry at no cost. Statistical and other data is available from the Bureau of Vital Statistics, also at no cost. Certified copies of birth certificates are available at $7.00 and certified copies of paternity affidavits are available at $5.00. For Additional Information - No Link Provided H10. Is common law marriage recognized in your State? No H10.1. If yes, briefly describe the standard that defines common law marriage. For Additional Information - No Link Provided H10.2. When did your current common law standard go into effect? 10/10/1991 H10.3. If there was a common law standard in effect prior to your current standard, what was that standard and when did it go into effect? Common law marriage was recognized in Ohio prior to October 1991. Any valid common law marriages that were already in effect on that date remained valid until terminated by death or divorce. H11. When the custodial party and/or other witnesses are not able to appear in person for paternity hearings, what methods of testimony are acceptable (e.g., written, videotape, teleconferencing) Telephone or other electronic means of testifying, interrogatories, certified copies of records, verified complaints, pursuant to UIFSA. H12. Please give the statutory citation for your State's long arm statute and list any special provisions. ORC 3115.03. For Additional Information - http://codes.ohio.gov/orc/3115.03 H13. Does your State recover genetic testing costs for other States? Yes     H13.1. If so, please explain. N/A H14. List any documents required to get the father's name on the birth certificate (e.g. is an acknowledgement of paternity needed)? N /A H15. What is the effective date of the State law that makes a father's name on the birth certificate a conclusive determination of paternity?   H16. If there is more than one child with the same custodial party, and the same alleged father, should one set of documents be sent to your state (with a paternity affidavit for each child) or should a separate packet be sent for each child? Separate sets of documents should be sent I. Support Order Establishment I1. Does your State use an administrative, a judicial or a combined process to establish a support obligation? Judicial establishment via UIFSA tribunal. I1.2. Under what circumstances would the judicial process be used?   I1.2. Under what circumstances would the judicial process be used? Judicial process is always required. I1.3. If your State uses an administrative process, provide the statutory citations for your State's administrative procedures. For Additional Information - http://codes.ohio.gov/orc I2. In setting support under your State's guidelines, whose income is considered in addition to the NCP (e.g., new spouse's or child's) New spouse's or child's income may only be considered by the court in a request for a deviation. The guidelines worksheets do not include any incomes other than the obligees and obligors. For Additional Information - No Link Provided I3. What criteria for rebutting your presumptive guidelines have been established in your State? ORC 3119.23 (a) Special and unusual needs of the children; (b) Extraordinary obligations for minor or handicapped children who are not stepchildren or offspring from the marriage or relationship that is the basis of the immediate child support determination; (c) Other court-ordered payments; (d) Extended times or extraordinary; (e) Obligor obtains additional employment after a child support order is issued in order to support a second family; (f) Financial resources and the earning ability of the child; (g) Disparity in income between parties or households; (h) Benefits that either parent receives from remarriage or sharing living expenses with another person; (i) Amount of federal, state, and local taxes actually paid or estimated to be paid by a parent or both of the parents; (j) Significant in-kind contributions from a parent, including, but not limited to, direct payment for lessons, sports equipment, schooling, or clothing; (k) Relative financial resources, other assets and resources, and needs parents; (l) Standard of living/circumstances of parents; Standard of living child would have had if the marriage continued or parents been married; (m) Physical/emotional condition/needs of child; (n) Need/capacity of child for education and educational opportunities that would have been available to child; had circumstances requiring court order for support not arisen; (o) Responsibility of parents for support of others; (p) Any other relevant factor. Court may accept agreement of the parents that assigns a monetary value to any of the factors/criteria (B)(3) of this section that are applicable to their situation. For Additional Information - http://codes.ohio.gov/orc/3119.23 I4. Will your State establish support orders for prior periods? Yes I4.1. If yes, for what prior periods (e.g., birth of the child, date of separation, prenatal expenses, 5 years retroactive)? In paternity cases, the court, in its discretion, may order the repayment of birth expenses, as well as a support order, calculated based on the applicable child support guidelines, back to the date of birth of the child. I4.2. What information or documentation does your State require to proceed? Proof of medical expenses, plus all relevant income information for each year from the child's birth forward so that guideline calculations may be completed. For Additional Information - No Link Provided I4.3. Will your State allow a petition for support when the only issue is retroactive support? No I4.4. If there are limitations upon your State's ability to establish support for prior periods, please specify. Courts will only allow prior support in these limited paternity related cases. No prior support is allowed in order establishment cases. I5. What actions can your State perform using the administrative process? Does your State use an administrative process for paternity, establishment, modification and the enforcement of child support? For Additional Information - No Link Provided I6. What is your State's statutory authority for the administrative process? For Additional Information - http://codes.ohio.gov/orc I7. Is there a local State law that allows an interstate administrative subpoena? Yes. The Ohio Revised Code contains the sections of UIFSA that permit discovery to and from initiating and responding states (. ORC section 3115.04, 3115.27, 3115.29). For Additional Information - http://codes.ohio.gov/orc I5. What actions can your State perform using the administrative process? Does your State use an administrative process for paternity, establishment, modification and the enforcement of child support? All actions except contempt. We can bring administrative actions against the CP to compel the CP and child to submit to genetic testing. For Additional Information - No Link Provided I6. What is your State's statutory authority for the administrative process? 56 O.S. Section 237 et. seq. For Additional Information - http://www.oscn.net/applications/oscn/index.asp?ftdb+STOKST56&level=1 I7. Is there a local State law that allows an interstate administrative subpoena? Yes. The Ohio Revised Code contains the sections of UIFSA that permit discovery to and from initiating and responding states (. ORC section 3115.04, 3115.27, 3115.29). For Additional Information - http://codes.ohio.gov/orc I8. Does your State require that a custodial party (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is being expended? No, but many courts interpret state law to require a caretaker to have legal custody before issuing a child support order. For Additional Information - No Link Provided I9. Does your State require that a custodial person (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is/or is not being expended? No, but many courts interpret state law to require a caretaker to have legal custody before issuing a child support order. I10. Does your State require that a custodial party (who is not one of the biological parents) to have legal custody of a child before enforcing an order for support that was issued as the biological parents as the parties for non public assistance cases? No, but many courts interpret state law to require a caretaker to have legal custody before issuing a child support order. I11. When your State has issued an order that reserves support, and now child support should be ordered, should the other State request an establishment or a modification action? That depends on the wording of the individual child support order. Please contact the local jurisdiction that issued the order to discuss this further. J. Support Enforcement J1. Indicate whether your state has the following enforcement remedies available. Also indicate what procedures are available (i.e., judicial, administrative, or both? J1.1. Are your State income tax refund procedures judicial, administrative, or both? Both administrative and judicial procedures are available. J2. Is the lien process in your State judicial, administrative or both? Administrative and Judicial J2.1. What are the trigger criteria for filing a lien? Default. Liens are discretionary given case circumstances For Additional Information - No Link Provided J2.2. Where are your State liens filed? County Recorder's Office J2.3. Does your State charge a fee for filing a lien? No   J2.4. If yes, please indicate the amount.   J.3. Does your State enforce property seizure and sale? Yes J3.1. Are the property seizure and sale procedures judicial, administrative, or both? Both administrative and judicial procedures are available. J4. Are the MSFIDM Freeze and Seize procedures in your State judicial, administrative, or both? Administrative. J4.1. When must a NCP receive notice that a MSFIDM Freeze and Seize action is an enforcement remedy and may be used by the State to collect delinquent child support? A non-custodial parent receives notice that an MSFIDM Freeze and Seize action is an enforcement remedy when a non-custodial parent becomes "in default" and receives a "Notice of Default" in accordance with Ohio Revised Code section 3123.03 and 3123.031 J4.2. Does your State's income withholding definition includes amounts in financial institutions? Yes   For Additional Information - http://codes.ohio.gov/orc/3121.03 J4.3. Does a new notice have to be sent when intent to Freeze and Seize is sent? No J4.3.1 If yes, who notifies the NCP, the State or financial institution? N/A J5. What are the time frames if a new notice of intent to Freeze and Seize must be sent? N/A J5.1. What are the criteria that must be met to deem an obligor eligible for Freeze and Seize action in your state? NO minimum delinquency amount. No accounts exempted J5.2. What is the minimum dollar amount that the obligor must be delinquent prior to becoming eligible for asset seizure? N/A For Additional Information - No Link Provided J5.3. Is there a specified amount of time for the obligor to be delinquent prior to proceeding with Freeze and Seize? None J5.3. 1. If yes, please provide the time frame. N/A J5.4. Are only a certain percentage of the obligor's financial assets eligible for Freeze and Seize? No J5.4.1. If yes, please provide the percentage. N/A J5.4.2. Is the percentage different for joint accounts?   J5.4.3. If yes, please define. N/A J5.5. Does your State require that a minimum amount of money must be in a financial account for the funds to be eligible for Freeze and Seize action? If so, please provide the amount. No J5.6. Who is responsible for applying the minimum amount, your State or the Financial Institution? Ohio has no minimum amount. J5.7. How long does the obligor and/or account holders have to contact your State child support enforcement and/or court to challenge the Freeze and Seize action? Within 7 business days of the issuance of the Notice of Default, an obligor has the right to contest any mistake of fact contained in the Notice. If the obligor disagrees with the decision from the administrative hearing, the obligor may request a court hearing. The Notice provides due process for a FIDM action. There are no further appeal rights for the obligor with regards to FIDM. For Additional Information - No Link Provided J5.8. If State law and/or policy allows for a second contest to Freeze and Seize action, how long does the obligor and/or joint account holder have to contact your State child support agency or court to challenge the Freeze and Seize action? A secondary account holder receives a separate notice of the intended freeze and seize. The secondary account holder has 10 days from the date of the notice to request an administrative hearing. J5.9. On what basis can an obligor and/or other account holders challenge/contest a freeze and seize action? The secondary account holder may challenge the withdrawal on the basis that all or a part of the funds in the account are the property of the secondary account holder. For Additional Information - No Link Provided J5.10. Is your State's complaint review process judicial, administrative or both? Administrative. This is offered to the secondary account holder. J5.11. What are your State's penalties for incorrect seizures? None. J5.12. Is the second challenge administrative, judicial or both? Judicial J5.13. What are your State's appeal time frame, unique appeal requirements and recourse for non-debtor accounts? None. Obligor cannot appeal once account has been frozen. Review must be requested when super notice (Notice of Default)is sent J5.14. Is the Freeze and Seize operation in your state centralized or automated? Automated J5.15. Are there additional Freeze and Seize requirements or limitations not otherwise noted in this profile? None J5.16. Has your State established a minimum benefit amount that must be met for a financial institution to proceed with the Freeze and Seize action? No J5.16.1. If yes, what is the amount? N/A J5.17. Does your state have procedures in place to liquidate non-liquid assets (e.g., stocks, bonds, etc)? No J5.17.1 If yes, please provide the State statutory citation and the procedures financial institutions should follow to liquidate non-liquid assets. For Additional Information - No Link Provided J5.18. Does your State law/policy instruct the financial institution or State to hold the frozen assets during the challenge/appeal time frame and/or freeze period? Financial Institutions are required to hold the frozen assets until they receive the Withdrawal Directive advising them to release or forward funds. For Additional Information - http://codes.ohio.gov/orc/3123.26 J5.19. How long does the Financial Institution have to send the obligor's assets to your State child support enforcement agency? "Upon receipt of the withdrawal directive..." For Additional Information - No Link Provided J6. Does your State withhold State funds or benefits? Yes J6.1. If yes, is the method of withholding State benefits judicial, administrative, or both? Workers Compensation, Unemployment Compensation, Retirement benefits. Both administrative and judicial procedures are available. J7. Please describe any other administrative enforcement procedures your State may have. Ohio intercepts a variety of income types including lottery winnings and other lump sums. J8. Please describe any other judicial enforcement procedures your State may have.. Our criminal non-support statute provides both misdemeanor and felony penalties, contempt. Ohio Revised Code section 3121.08 permits the withholding of prisoner earnings, however direct income withholding cannot be used for this purpose. An order must be registered for enforcement in Ohio in order to facilitate the withholding of prisoner earnings. J9. If your State has established specific procedures for registering administrative liens, what are the procedures that another State must follow? None. For Additional Information - http://codes.ohio.gov/orc J10. Which of our State's enforcement remedies are available without registration? Income Withholding, administrative lien filing and professional license revocation, as well as locate and employment verification are available without UIFSA registration. J11. Describe your State's registration and enforcement procedures. Orders are registered when the order is filed in the registering tribunal. A complaint or comparable pleading may be filed at the same time or later than a registration, specifying the grounds for the remedy being sought. Such an order may be recognized and enforced, but not modified. Immediately upon registration, a notice of registration shall be sent to the non-registering party. That party may request a hearing to vacate the registration no later than 20 days from the date the notice is mailed. The party requesting the hearing has the burden to prove lack of jurisdiction, fraud, that the order had been vacated, suspended or modified, that the order was stayed pending appeal, that full or partial payment had been made, that the statute of limitations precludes enforcement, or that there is a defense to the remedy sought. J12. After registration, describe additional judicial procedures required, if any, to enforce a support order. Orders registered in Ohio are subject to all enforcement remedies permitted for OPhio orders, including administrative and judicial enforcement techniques. J13. Has your state adopted the Uniform Enforcement of Foreign Judgments Act (UEFJA)? Yes J13.1. If yes, please provide the statutory citation. 1Ohio Revised Code 2329.021 through 2329.027. Not currently used for child support cases. For Additional Information - http://codes.ohio.gov/orc/2329.021 J14. Does your State's law require financial institutions doing business in your State to accept Freeze and Seize actions directly from other States? No J14.1. If no, describe the process for a Freeze and Seize action from another State's IV-D agency (e.g., Transmittal #3, Transmittal #1, and list additional documentation required). Ohio accepts Transmittal #3s for FIDM actions. J15. Does your State use credit bureau reporting as an enforcement method? Yes   J15. Does your State use credit bureau reporting as an enforcement method?   J16. Provide which credit bureaus your State report an obligor's child support information? Ohio information is forwarded to Equifax. J16. Provide which credit bureaus your State report an obligor's child support information?   J17. Is the method for credit bureau reporting judicial, administrative or both? Administrative J17. Is the method for credit bureau reporting judicial, administrative or both?   J18. In an interstate case, does your State report an obligor's child support information to credit bureaus when it is the initiating State, the responding State, or both?   J18. In an interstate case, does your State report an obligor's child support information to credit bureaus when it is the initiating State, the responding State, or both? Responding J19. What are your State's criteria for reporting an obligor's child support information to credit bureaus? An obligor who is in default is reported J19. What are your State's criteria for reporting an obligor's child support information to credit bureaus?   K. Modification and Review/Adjustment K1. With what frequency are reviews conducted in IV-D cases (e.g., every year, every three years)? Every 36 months unless one of these occur. -30% change in gross income or assets for at least 6 months. -deletion of one child from the order due to emancipation etc. -in order to access health insurance. -incarceration or institutionalization of the obligor for duration of child's minority and no income or assets are available for attachment or levy. K2. On what basis are the reviews conducted (e.g., on request of the CP, NCP in non-TANF cases, automatically in TANF cases)? Request of CP or NCP. K3. Briefly describe your State's modification procedure. Either party may request a review of their order from the local CSEA. Orders are recalculated in the review using current information and recommendations for possible adjustment of the order are made. Both administrative and judicial appeals of this review are possible. K4. What are your criteria for modification (e.g., $50 or 20% from present order)? For FOC initiated review, criteria includes a change in the physical custody of a child not ordered by court, increased or decreased need of a child, changed financial conditions of the parties, probable access by an employed parent to dependent health care coverage. The "minimum threshold for modification" is ten-percent (10%) or more of the existing order for $25 per month, whichever is less. Please see the link below to the 2004 Michigan Child Support Formula. www.courts.michigan.gov/scao/resources /publications/manuals/focb/2004MCSFmanual. K5. Which of the following criteria for demonstrating a change in circumstances apply, if any? K5.1. The earnings of the obligor have substantially increased or decreased. Yes K5.2. The earnings of the obligee have substantially increased or decreased. Yes K5.3. The needs of a party or the child(ren) have substantially increased or decreased. No K5.4. The cost of living as measured by the Federal Bureau of Labor Statistics has changed. No K5.5. The child(ren) have extraordinary medical expenses not covered by insurance. Yes K5.6. There has been a substantial change in child care expenses. No K5.7. What other criteria does your State use for demonstrating a change in circumstances or comments regarding change of circumstances? -deletion of one child from the order due to emancipation etc. -incarceration or institutionalization of the obligor for duration of child's minority and no income or assets are available for attachment or levy. K6. Does your State have cost of living adjustments (COLAs)? No   K6.1. If so, what index does your State use?   K7. How does your State credit SSA disability to current and past due support? SSA disability is first credited to current support and, when all current support is satisfied, to past due support. K8. Does your State abate support? For example, when the child is not living with the custodial parent for more than 30 days and there has not been a change in custody, or when the non-custodial parent is in prison, etc. No K8.1. If yes, please explain the situation?   K8.2. What is the statutory citation for your abatement law? For Additional Information - No Link Provided K8.3. What documents are required for each type of referral other than UIFSA referrals? For example, pay records and certifications for TANF, etc. Standard UIFSA documents are required. K8.4. Please provide information to obtain copies of paternity acknowledgements/affidavits and birth records, including where to make requests and the cost of processing the requests. Paternity Affidavit Instructions 1. A written request which includes the child's name, child's date of birth, both parents' names and the registry number. Registry numbers are also called Mail stamp numbers, PEP ID #s, and CPR numbers, and they contain up to 6 digits. Registry numbers can be obtained by calling the Central Paternity Registry at 1-888-810-6446. 2. A $7 check or money order made payable to: Treasurer, State of Ohio. Send the written request and the payment to: Ohio Department of Health Vital Statistics P.O. Box 15098 Columbus, OH 43215-0098 II. Birth Certificate Instructions 1. A written request which includes the child's name, child's date of birth and both parents' names. 2. A $16.50 check or money order made payable to: Treasurer, State of Ohio. Send the written request and the payment to: Ohio Department of Health Vital Statistics P.O. Box 15098 Columbus, OH 43215-0098 3. VitalChek: Birth certificates may also be ordered online at www.vitalchek.com. or by calling 1-877-828-3101 (automated system) or 1-800-669-8313 x.3208 (real person). Method of payment is by credit card only. In addition to the $16.50 for the birth certificate, it costs $8.95 for regular mail shipment (to get it in 10-12 business days) or $21.70 for Fed Ex shipment (in 7-8 business days.) For additional information, you may contact ODH directly at (614) 466-2531 or by fax at (614) 728-9181. K9. What information is required to register an out-of-State order for enforcement/modification? Standard UIFSA documents are required. L. Lump Sum Payments L1. Does your State define a lump sum payment? Yes L1.1 If yes, please provide your State's definition. (Be specific, i.e., severance pay, incentives, relocation lump sum payments, ect)? "Lump sum payment" is not defined specifically, but our definition of "income" includes certain types of lump sum payments. "Income" means any of the following: Commissions, earnings, salaries, wages, and other income due or to be due in the future to an individual from his or her employer and successor employers. A payment due or to be due in the future to an individual from a profit-sharing plan, a pension plan, an insurance contract, an annuity, social security, unemployment compensation, supplemental unemployment benefits, or worker's compensation. An amount of money that is due to an individual as a debt of another individual, partnership, association, or private or public corporation, the United States or a federal agency, this state or a political subdivision of this state, another state or a political subdivision of another state, or another legal entity that is indebted to the individual. L1.2 Provide the statutory citation. Ohio Revised Code section 3121.037 For Additional Information - http://codes.ohio.gov/orc/3121.037 L2. Does your State law require employers to report lump sum payments? Yes L2.1 If yes, please provide the statutory citation or rule requiring employers to report this information. Ohio Revised Code section 3121.037 (A)(10) For Additional Information - http://codes.ohio.gov/orc/3121.037 L3. Are employers required to report lump sums for all income withholding orders (including cases with no arrears)? Yes L3.1 If yes, what is the threshold amount at which a lump sum payment must be reported? $150.00 L4. How are employers instructed to report a pending lump sum? The employer is required to notify the IV-D agency pursuant to ORC section 3121.037. L5. Provide the timeframe within which the child support enforcement agency must respond to the employer with instructions for attaching the lump sum. Immediately upon determining that the obligor is in default or has an arrearage but no later than 30 days after the date of expected distribution. L6. How long must the employer hold the lump sum before releasing the payment to the custodial parent? Up to 30 days after the date of the distribution. L7. Does your State use the income withholding order to attach the lump sum payment? No L7.1 If yes, is it noted on the original order or is it sent specifically to cover the lump sum? N/A L8. Does your State use the lien/levy process to attach the lump sum payment? No L8.1 If yes, what is the name of the document your State uses to attach lump sum payment? N/A L9. What other documents does your State use to attach lump sum payments? An administrative or court order is issued to attach a lump sum payment. Complaints filed in the court of record L10. Does your State require the consumer Credit Protection Act (CCPA) limits to be applied to lump sum payments? No L10.1 If yes, what are those limits? N/A For Additional Information - No Link Provided L10.2 If no, what percentage is the employer required to withhold? The employer is required to comply with the instructions provided by the CSEA L11 If an employer pays the lump sum in addition to regular wages, in a single payment, would the CCPA limits apply? No L11.1 If yes, would the employer only withhold for that period's obligation? CCPA would not apply to the lump sum payment, even if it was part of a single payment. M. Insurance Match M1. The CCPA limits may apply to any insurance payments issued as an income loss replacement. Additional information on the legislative authority is provided. For Additional Information - http://www.dol.gov/esa/whd/regs/compliance/whdfs30.pdf M1.1. Additional information on the CCPA. For Additional Information - http://www.dol.gov/dol/allcfr/Title_29/Chapter_V.htm M2. Does your State have legislation that requires/mandates insurance companies doing business in your State to provide, exchange, or look-up information with your State IV-D agency to determine if a claimant owes past due child support?   M2.1. If yes, provide the statutory citation For Additional Information - No Link Provided M2.1.2. Provide a list of information that the insurer is required to provide, exchange, or look-up with your State IV-D agency.   M2.3. List the criteria that must be met for an obligor to be eligible for your State's insurance match, exchange, look-up, or intercept program. Is the law limited to specific claimants (e.g., policyholder, beneficiary, joint policy holder), types of claims (e.g., life, property & casualty, or workers' compensation), or specific policies (e.g., annuities, short term/long term disabilities)?   M2.3. List the criteria that must be met for an obligor to be eligible for your State's insurance match, exchange, look-up, or intercept program. Is the law limited to specific claimants (e.g., policyholder, beneficiary, joint policy holder), types of claims (e.g., life, property & casualty, or workers' compensation), or specific policies (e.g., annuities, short term/long term disabilities)?   M2.4. Is there a monetary threshold that must be met for the obligor to be eligible for your State's insurance match program? Please provide the dollar amount and/or percentage of the threshold.   M2.5. Provide a description of the steps the law requires an insurer to take to determine whether a claimant owes past due child support (e.g., insurers are required to log into a secure web application and enter identifying information about the claimant).   M2.6. Please provide the wording of any other provision in your State law that specifies an alternative method or measure that an insurer may take to comply with the terms of the State law requiring the insurer to either provide, exchange, or look-up information with your State IV-D agency to determine if the claimant owes past due child support (e.g., if the insurer participates in the OCSE Insurance Match Program, the requirement is satisfied).   M2.7. Does your State law establish a penalty for an insurer who fails to comply with a requirement to provide, exchange, or look-up information with the State IV-D agency to determine whether a claimant owes past-due child support? If so, provide a summary of that law. For Additional Information - No Link Provided M2.8. Does your State law protect an insurer from liability for acting in accordance with the insurance match law?   M2.9. If there is no law in place, has your State proposed or introduced legislation to require/mandate insurance companies doing business in your State to provide, exchange, or look-up information with your State IV-D agency to determine if a claimant owes past due child support? For Additional Information - No Link Provided M3. If there is no law in place, are the insurers required to respond to subpoenas/ requests for information and liens/levies or IWOs?   M3.1. Please provide the statutory citation. For Additional Information - No Link Provided M4. List the form(s) your State uses to intercept insurance payments, settlements, or awards. (e.g., IWO, Notice of Lien/Levy).   M5. Who is required to notify the NCP of the insurance intercept activity; the child support enforcement agency and/or the insurance agency?   M5.1. Please provide your statutory citation for notifying an NCP of insurance intercept. For Additional Information - No Link Provided M5.2. Once notified, is there an appeal period allocated and if so, indicate the number of days the NCP has to appeal. Please provide the statutory citation. For Additional Information - No Link Provided M6. Are there attorney fees associated with the insurance intercept activity?   M7. How does another State initiate and intercept collections from your State Workers Compensation agency?   M7.1. What is the process, the points of contact, and what forms must be completed?   Dedicated To Enforcing Your Support Order.
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