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Ohio State Profile |
Updated on 12 Aug 2002 Certified on 05 Sep 2007
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A. General/State-At-A-Glance |
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| 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 setting forth the attorney-client relationship between the state's attorney and the agency only? |
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| A4.1. If so, what is the statutory citation? |
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| A4.2. Did your state have the State's Bar Counsel issue an opinion setting for the attorney-client relationship? |
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| A4.3. If so, please explain. |
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B. UIFSA |
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| 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 Act? |
01/01/1998 |
| B3. What is the statutory citation for your State's Act? |
Ohio Revised Code Chapter 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? |
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| B5. Optional comments regarding your State's UIFSA Act. |
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C. Reciprocity |
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| 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 FFP for enforcement of spousal-only orders for foreign reciprocating countries? |
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| C1.2. If yes, please explain. |
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| 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. |
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D. Age of Majority |
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| 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 cite for the age of majority? |
Ohio Revised Code section 3103.03 |
| 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 so, please explain. |
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| D5. Does child support end if the child leaves the household but does not emancipate? |
No |
| D5.1. Optional comments regarding emancipation. |
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| 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 so, 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? |
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| D7.1. If yes, please describe the procedure. |
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E. Statute of Limitations |
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| 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 |
| E3. Is dormancy revival/renewal possible? |
No |
| E3.1. Please explain the circumstances when possible, and the length of time possible. |
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F. Support Details |
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| F1. What guideline type or method does your State use to calculate child support (e.g., Shared Income Model, Percentage of Income Model, Melson Formula)? |
Income Shares Model. |
| F2. Does your State charge interest on missed arrears? |
Yes |
| 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. |
| F5. Will your State enforce a medical debt for 50% of the uninsured portion of a medical bill? |
Yes |
| F5.1. If so, 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. Have you elected to recover costs or charge fees in your 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. |
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| 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). |
| 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. |
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G. Income Withholding |
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| 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. |
| 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? |
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| 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. |
| 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 benefits across State lines? |
Yes |
| G9.1. Optional comments regarding direct withholding of UI benefits across State lines. |
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| G10. Does your State allow direct income withholding of workers' compensation benefits across State lines? |
Yes |
| G10.1. Optional comments regarding direct withholding of WC benefits across State lines. |
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| 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). |
ORC 3113.21(F)(1). Any withholding or deduction requirement that is contained in a notice described in Division D of this section...has priority over any order of attachment, any order in aid of execution, and any other legal process issued under state law against the same earnings, payments, or account. |
| 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 ? 3113.21(F). 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. |
| 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? |
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| G14. When does your state require the employer to send notice of an employee's termination? |
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| G15. How long should an employer retain the IWO after termination of an employee, in anticipation of reinstating the withholding should the employee be rehired? |
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| G16. Does the State charge any fee to the obligor that the employer is required to withhold and remit to the State? |
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| G17. Does your State offer an alternate web-based payment mechanism in addition to paper and EFT/EDI? |
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| 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? |
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| 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. |
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H. Paternity |
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| 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? |
99% |
| 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. |
| 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. |
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| H5. Does marriage constitute a rebuttable presumption of paternity? |
Yes |
| H5.1. How is the presumption rebutted? |
Evidence that marriage did not really occur. |
| 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 not, briefly explain. |
Father's name on the birth certificate is evidence, but no longer a presumption of paternity. |
| H7. Does your State have any other paternity-related presumptions? |
Yes |
| H7.1. If yes, briefly explain. |
Voluntary acknowledgment. |
| H8. Does your State have a putative fathers' registry? |
Yes |
| H8.1. If so, 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. 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. |
| H10. Is common law marriage recognized in your State? |
No |
| H10.1. If yes, briefly describe the standard that defines common law marriage. |
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| 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 parent 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 cite for your State's long arm statute and list any special provisions. |
ORC 3115.03. |
| H13. Does your State recover genetic testing costs for other States? |
Yes |
| H13.1. If so, please explain. |
None |
| H14. Are there any other documents that are required to get the father's name on the birth certificate (e.g. is an acknowledgement of paternity needed)? |
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| 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? |
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| H16. If there is more than one child with the same custodial parent, 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? |
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I. Support Order Establishment |
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| I1. Does your State use an administrative or a judicial process to establish a support obligation? |
Judicial establishment via UIFSA tribunal. |
| I1.1. If your State can establish under both, under what circumstances would the administrative process be used? |
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| I1.2. Under what circumstances would the judicial process be used? |
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| I1.3. If your State uses an administrative process, provide the statutory citations for your State's administrative procedures. |
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| 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. |
| I3. What criteria for rebutting your presumptive guidelines have been established in your State? |
ORC 3113.215(B)(3) (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. |
| I4. Will your State establish support orders for prior periods? |
Yes |
| I4.1. If so, 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. |
| 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? |
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| I6. What is your State's statutory authority for the administrative process? |
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| I7. Is there a local State law that allows the interstate administrative subpoena? |
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| I8. 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 being expended? |
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| 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? |
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| I10. Does your State require that a custodial person (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? |
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| 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? |
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J. Support Enforcement |
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| J1. Indicate whether your state has the following enforcement remedies available. Also indicate what procedures are available (i.e, judicial, administrative, or both? |
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| 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 |
| J2.2. Where is your State liens filed? |
County Recorder's Office |
| J2.3. Does your State charge a fee for filing a lien? |
No |
| J2.4. If so, please indicate the amount. |
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| 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 non-custodial parent (NCP) receive notice that a MSFIDM Freeze and Seize action is an enforcement remedy and may be used by the State to collect deliquent child support? |
Delinquent |
| J4.2. Does your State's income withholding definition include amounts in financial institutions? |
Yes |
| J4.3. Does a new notice have to be sent when intent to Freeze and Seize is sent? |
No |
| J4.3.1 If so, who notifies the NCP, the State or Financial Institution? |
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| J5. What are the time frames if a new notice of intent to Freeze and Seize must be sent? |
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| 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? |
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| 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. |
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| J5.4. Are only a certain percentage of the obligor's financial assets eligible for Freeze and Seize? |
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| J5.4.1. If yes, please provide the percentage. |
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| J5.4.2 . Is the percentage different for joint accounts? |
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| J5.4.3. If yes, please provide the amount. |
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| 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. |
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| J5.6. Who is responsible for applying the minimum amount, your State or the Financial Institution? |
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| 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? |
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| 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? |
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| J5.9. On what basis can an obligor and/or other account holder challenge/contest a freeze and seize action? |
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| J5.10. Is your State's complaint review process judicial, administrative or both? |
Administrative |
| J5.11. What are your State's penalties for incorrect seizures? |
None |
| J5.12. Is the second challenge administrative, judicial or both? |
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| 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 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? |
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| J5.16.1. If yes, what is the amount? |
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| J5.17. Does your state have procedures in place to liquidate non-liquid assets (e.g., stocks, bonds, etc)? |
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| J5.17.1 If yes, please provide the state authority and the procedures Financial Institutions should follow to liquidate non-liquid assets. |
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| 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? |
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| J5.19. How long does the Financial Institution have to send the obligor's assets to your state child support enforcement agency? |
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| J5.19.1 . If yes, please define. |
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| 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 porovides 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. |
| 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. |
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| J13. Has your state adopted the Uniform Enforcement of Foreign Judgments Act (UEFJA)? |
Yes |
| J13.1. If yes, please provide the statutory citation. |
Ohio Revised Code ? 2329.021 through ? 2329.027. Not currently used for child support cases. |
| J14. Does your state's law require financial institutions doing business in your state to accept Freeze and Seize actions directly from other states? |
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| 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). |
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| J15. Does your state use credit bureau reporting as an enforcement method? |
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| J16. Provide which credit bureaus your state report an obligor's child support information? |
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| J17. Is the method for credit bureau reporting judicial, administrative or both? |
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| 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? |
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| J19. What are your state's criteria for reporting an obligor's child support information to credit bureaus? |
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K. Modification and Review/Adjustment |
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| 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)? |
Must be a 10% variance in amount after recalculated order under guidelines. 30% change in gross income or assets for at least 6 months. |
| 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 Vital 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? |
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| K7. How does your state credit SSA disability to current and past due support? |
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| 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 noncustodial parent is in prison, etc. |
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| K8.1. If so, please explain the situation? |
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| K8.2. What is the statutory cite for your abatement law? |
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| K8.3. What documents are required for each type of referral other than UIFSA referrals? For example, pay records and certifications for TANF, etc. |
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| 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. |
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| K9. What information is required to register an out-of-state order for enforcement/modification? |
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L. Lump Sum Payments |
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| L1. Does your state define a lump sum payment? |
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| L1.1 If yes, please provide your state's definition. (Be specific, i.e., severance pay, incentives, relocation lump sum payments, ect)? |
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| L1.2 Provide the statutory citation. |
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| L2. Does your state law require employers to report lump sum payments? |
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| L2.1 If yes, please provide the statutory citation or rule requiring employers to report this information. |
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| L3. Are employers required to report lump sums for all income withholding orders (including cases with no arrears)? |
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| L3.1 If yes, what is the threshold amount at which a lump sum payment must be reported? |
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| L4. How are employers instructed to report a pending lump sum? |
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| L5. Provide the timeframe within which the child support enforcement agency must respond to the employer with instructions for attaching the lump sum. |
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| L6. How long must the employer hold the lump sum before releasing the payment to the custodial parent? |
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| L7. Does your state use the income withholding order to attach the lump sum payment? |
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| L7.1 If yes, is it noted on the original order or is it sent specifically to cover the lump sum? |
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| L8. Does your state use the lien/levy process to attach the lump sum payment? |
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| L8.1 If yes, what is the name of the document your state uses to attach lump sum payment? |
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| L9. What other documents does your state use to attach lump sum payments? |
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| L10. Does your state require the consumer Credit Protection Act (CCPA) limits to be applied to lump sum payments? |
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| L10.1 If yes, what are those limits? |
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| L10.2 If no, what percentage is the employer required to withhold? |
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| L11 If an employer pays the lump sum in addition to regular wages, in a single payment, would the CCPA limits apply? |
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| L11.1 If yes, would the employer only withhold for that period's obligation? |
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