Effective: January 1, 2016
Latest Legislation: House Bill 64 - 131st General Assembly
(A) Except as otherwise provided in division (B) of this section, a court of this state shall recognize and enforce a registered convention support order.
(B) The following grounds are the only grounds on which a court of this state may refuse recognition and enforcement of a registered convention support order:
(1) Recognition and enforcement of the order is manifestly incompatible with public policy, including the failure of the issuing tribunal to observe minimum standards of due process, which include notice and an opportunity to be heard.
(2) The issuing tribunal lacked personal jurisdiction consistent with section 3115.201 of the Revised Code.
(3) The order is not enforceable in the issuing country.
(4) The order was obtained by fraud in connection with a matter of procedure.
(5) A record transmitted in accordance with section 3115.706 of the Revised Code lacks authenticity or integrity.
(6) A proceeding between the same parties and having the same purpose is pending before a tribunal of this state and that proceeding was the first to be filed.
(7) The order is incompatible with a more recent support order involving the same parties and having the same purpose if the more recent support order is entitled to recognition and enforcement under this chapter in this state.
(8) Payment, to the extent alleged arrears have been paid in whole or in part;
(9) In a case in which the respondent neither appeared nor was represented in the proceeding in the issuing foreign country either of the following applies:
(a) If the law of that country provides for prior notice of proceedings, the respondent did not have proper notice of the proceedings and an opportunity to be heard.
(b) If the law of that country does not provide for prior notice of the proceedings, the respondent did not have proper notice of the order and an opportunity to be heard in a challenge or appeal on fact or law before a tribunal.
(10) The order was made in violation of section 3115.711 of the Revised Code.
(C) If a court of this state does not recognize a convention support order under division (B)(2), (4), or (9) of this section, both of the following apply:
(1) The court may not dismiss the proceeding without allowing a reasonable time for a party to request the establishment of a new convention support order.
(2) The support enforcement agency shall take all appropriate measures to request a child-support order for the obligee if the application for recognition and enforcement was received under section 3115.704 of the Revised Code.
Structure Ohio Revised Code
Title 31 | Domestic Relations-Children
Chapter 3115 | Uniform Interstate Family Support Act of 2008
Section 3115.101 | Short Title.
Section 3115.102 | Definitions.
Section 3115.103 | State Tribunal and Support Enforcement Agencies.
Section 3115.104 | Remedies Cumulative.
Section 3115.105 | Application to Resident of Foreign Country and Foreign Support Proceeding.
Section 3115.201 | Bases for Jurisdiction Over Nonresident.
Section 3115.202 | Duration of Personal Jurisdiction.
Section 3115.203 | Initiating and Responding Tribunal of State.
Section 3115.204 | Simultaneous Proceedings.
Section 3115.205 | Continuing, Exclusive Jurisdiction to Modify Child-Support Order.
Section 3115.206 | Continuing Jurisdiction to Enforce Child-Support Order.
Section 3115.207 | Determination of Controlling Child-Support Order.
Section 3115.208 | Child-Support Orders for Two or More Obligees.
Section 3115.209 | Credit for Payments.
Section 3115.210 | Application to Nonresident Subject to Personal Jurisdiction.
Section 3115.211 | Continuing, Exlcusive Jurisdiction to Modify Spousal-Support Order.
Section 3115.301 | Proceedings Under Act.
Section 3115.302 | Proceeding by Minor Parent.
Section 3115.303 | Application of Law of State.
Section 3115.304 | Duties of Initiating Tribunal.
Section 3115.305 | Duties and Powers of Responding Tribunal.
Section 3115.306 | Inappropriate Tribunal.
Section 3115.307 | Duties of Support Enforcement Agency.
Section 3115.308 | Duty of Department of Job and Family Services.
Section 3115.309 | Private Counsel.
Section 3115.310 | Duties of State Information Agency.
Section 3115.311 | Pleadings and Accompanying Documents.
Section 3115.312 | Nondisclosure of Information in Exceptional Circumstances.
Section 3115.313 | Costs and Fees.
Section 3115.314 | Limited Immunity of Petitioner.
Section 3115.315 | Nonparentage as a Defense.
Section 3115.316 | Special Rules of Evidence and Procedure.
Section 3115.317 | Communications Between Tribunals.
Section 3115.318 | Assistance With Discovery.
Section 3115.319 | Receipt and Disbursement of Payments.
Section 3115.401 | Establishment of Support Order.
Section 3115.402 | Proceeding to Determine Parentage.
Section 3115.501 | Employer's Receipt of Income-Withholding Order of Another State.
Section 3115.502 | Employer's Compliance With Income-Withholding Order of Another State.
Section 3115.503 | Employer's Compliance With Two or More Income-Withholding Orders.
Section 3115.504 | Immunity From Civil Liability.
Section 3115.505 | Penalties for Noncompliance.
Section 3115.506 | Contest by Obligor.
Section 3115.507 | Administrative Enforcement of Orders.
Section 3115.601 | Registration of Order of Enforcement.
Section 3115.602 | Procedure to Register Order for Enforcement.
Section 3115.603 | Effect of Registration for Enforcement.
Section 3115.604 | Choice of Law.
Section 3115.605 | Notice of Registration of Order.
Section 3115.606 | Procedure to Contest Validity or Enforcement of Registered Support Order.
Section 3115.607 | Contest of Registration or Enforcement.
Section 3115.608 | Confirmed Order.
Section 3115.609 | Procedure to Register Child-Support Order of Another State for Modification.
Section 3115.610 | Effect of Registration or Modification.
Section 3115.611 | Modification of Child-Support Order of Another State.
Section 3115.612 | Recognition of Order Modified in Another State.
Section 3115.614 | Notice to Issuing Tribunal of Modification.
Section 3115.615 | Jurisdiction to Modify Child-Support Order of Foreign Country.
Section 3115.616 | Procedure to Register Child-Support Order of Foreign Country for Modification.
Section 3115.701 | Definitions.
Section 3115.702 | Application of Convention.
Section 3115.703 | Relationship of Department to United States Central Authority.
Section 3115.704 | Initiation by Support Agency of Support Proceeding Under Convention.
Section 3115.705 | Direct Request.
Section 3115.706 | Registration of Convention Support Order.
Section 3115.707 | Contest of Registered Convention Support Order.
Section 3115.708 | Recognition and Enforcement of Registered Convention Support Order.
Section 3115.709 | Partial Enforcement.
Section 3115.710 | Foreign Support Agreement.
Section 3115.711 | Modification of Convention Child-Support Order.
Section 3115.712 | Personal Information; Limit on Use.
Section 3115.713 | Record in Original Language; English Translation.
Section 3115.801 | Grounds for Rendition.
Section 3115.802 | Conditions of Rendition.
Section 3115.901 | Uniformity of Application and Construction.