Effective: October 16, 2009
Latest Legislation: House Bill 1 - 128th General Assembly
(A) If a lump sum payment referred to in division (A)(11) of section 3121.037 of the Revised Code consists of workers' compensation benefits and the obligor is represented by an attorney with respect to the obligor's workers' compensation claim, prior to issuing the notice to the child support enforcement agency required by that division, the administrator of workers' compensation, for claims involving state fund employers, or a self-insuring employer, for that employer's claims, shall notify the obligor and the obligor's attorney in writing that the obligor is subject to a support order and that the administrator or self-insuring employer, as appropriate, shall hold the lump sum payment for a period of thirty days after the administrator or self-insuring employer sends this written notice, pending receipt of the information referred to in division (B) of this section.
(B) The administrator or self-insuring employer, as appropriate, shall instruct the obligor's attorney in writing to file a copy of the fee agreement signed by the obligor, along with an affidavit signed by the attorney setting forth the amount of the attorney's fee with respect to the lump sum payment award to the obligor and the amount of all necessary expenses, along with documentation of those expenses, incurred by the attorney with respect to obtaining the lump sum award. The obligor's attorney shall file the fee agreement and attorney affidavit with the administrator or self-insuring employer, as appropriate, within thirty days after the date the administrator or self-insuring employer sends the notice required by division (A) of this section.
(C) Upon receipt of the fee agreement and attorney affidavit, the administrator or self-insuring employer, as appropriate, shall deduct from the lump sum payment the amount of the attorney's fee and necessary expenses and pay that amount directly to and solely in the name of the attorney within fourteen days after the fee agreement and attorney affidavit have been filed with the administrator or self-insuring employer.
(D) After deducting any attorney's fee and necessary expenses, if the lump sum payment is one hundred fifty dollars or more, the administrator or self-insuring employer, as appropriate, shall hold the balance of the lump sum award in accordance with division (A)(11) of section 3121.037 of the Revised Code.
Structure Ohio Revised Code
Title 31 | Domestic Relations-Children
Chapter 3121 | Collection and Disbursement of Child Support
Section 3121.01 | Collection and Disbursement of Child Support Definitions.
Section 3121.03 | Withholding or Deduction From Income or Assets of Obligor.
Section 3121.033 | Aggregate Amount Withheld or Deducted to Satisfy Amount Ordered for Support.
Section 3121.034 | Priority of Withholding or Deduction Requirement for Support.
Section 3121.035 | Notices and Orders Sent to Persons Required to Comply.
Section 3121.036 | Attaching Additional Notice to Obligor to Provide Certain Information.
Section 3121.037 | Contents of Withholding or Deduction Notice.
Section 3121.038 | Limit on Information Included in Withholding or Deduction Notice.
Section 3121.0310 | Adoption of Standard Forms for Notices.
Section 3121.0311 | Notice to Obligor's Workers' Compensation Attorney Regarding Lump Sum Payment.
Section 3121.04 | Cash Bond Given by Obligor.
Section 3121.05 | Obligor With No Income or Assets to Give Notice of Change - Default Hearing.
Section 3121.06 | Obligor With No Income or Assets to Give Notice of Change - Modification Hearing.
Section 3121.07 | Unemployment Compensation Benefits Withholding or Deductions.
Section 3121.08 | Prisoner Earnings.
Section 3121.09 | Withholding Support From Payments Due From the State to Certain Persons.
Section 3121.12 | Procedure Concerning Lump Sum Payment.
Section 3121.14 | Notice of Change in Source of Income or Accounts.
Section 3121.15 | Issuing Notice Requiring Withholding When Obligor Begins Employment.
Section 3121.16 | Notice Is Final and Enforceable.
Section 3121.19 | Time for Forwarding Amount Withheld or Deducted.
Section 3121.20 | Combining Amounts to Be Forwarded.
Section 3121.21 | Payor or Financial Institution - Immunity.
Section 3121.24 | Parties Must Provide Information to Agency.
Section 3121.25 | Notice of Request for Modification or Filing Action for Enforcement.
Section 3121.27 | Including General Statement in Support Orders.
Section 3121.28 | Including Statements Concerning Monthly Payment in Support Orders.
Section 3121.29 | Including Warning Notice in Support Orders.
Section 3121.30 | Including Obligor's Date of Birth and Social Security Number in Support Orders.
Section 3121.33 | Notices and Orders Final and Enforceable by Court.
Section 3121.34 | Complying With Withholding or Deduction Notice Without Amending Order.
Section 3121.35 | Court to Have All Powers Necessary to Enforce Order.
Section 3121.36 | Authority to Collect Arrearage After Termination of Order.
Section 3121.37 | Contempt for Failure to Comply With Administrative Order.
Section 3121.371 | Contempt for Failure to Comply With Withholding Order.
Section 3121.372 | Contempt for Failure to Send Notice.
Section 3121.373 | Hearing - Notice.
Section 3121.38 | Liability of Payor or Financial Institution.
Section 3121.381 | Fining Noncomplying Payor or Financial Institution.
Section 3121.382 | Issuing Order Upon Finding of Willful Failure to Comply With Withholding Notice.
Section 3121.43 | Duties of Office of Child Support.
Section 3121.44 | Support Payments to Be Made to Office of Child Support.
Section 3121.441 | Direct Spousal Support Payments.
Section 3121.45 | Payments Deemed to Be Gifts.
Section 3121.46 | Order for Payments to Third Person.
Section 3121.47 | Application to Child Support Enforcement Agency for Administration of Order.
Section 3121.48 | Separate Account for Support Payments Received as Trustee.
Section 3121.49 | Retention of Interest.
Section 3121.50 | Distributing Amount Forwarded to Obligee.
Section 3121.51 | Administering Orders on Monthly Basis.
Section 3121.52 | Calculating Monthly Amount Due Where Payments Made on Other Basis.
Section 3121.54 | Payment of Support Commencing on Day Other Than First Day of Month.
Section 3121.56 | Collecting Administrative Charge.
Section 3121.57 | Applying Administrative Charge.
Section 3121.58 | Separate Arrearage Account for Unpaid Charges.
Section 3121.59 | Disposing of Fines Paid for Failure to Give Notice of Changes.
Section 3121.64 | Quarterly Distributions of Administrative Charges to County Agencies.
Section 3121.65 | Restriction on Use of Administrative Charges.
Section 3121.67 | Contracting With Public or Private Entities to Perform Duties.
Section 3121.69 | Using Facsimile Signature.
Section 3121.71 | Administrative Rules.
Section 3121.74 | Account Information Access Agreements - Financial Data Matching Program.
Section 3121.75 | Deducting Fee for Each Withdrawal.
Section 3121.76 | Confidentiality Requirements.
Section 3121.77 | Financial Institutions or Personnel - Immunity.
Section 3121.78 | Administrative Rules Concerning Account Information Agreements.
Section 3121.81 | Case Registry of Support Orders.
Section 3121.82 | Information Included in Case Registry.
Section 3121.83 | Maintenance of Case Registry.
Section 3121.84 | Comparing Information.
Section 3121.85 | Duties of Agencies and Office of Child Support to Update and Maintain Information.
Section 3121.86 | Administrative Rules for Case Registry.
Section 3121.89 | Employee and Employer Defined.
Section 3121.891 | Duty to Make a New Hire Report.
Section 3121.892 | Information Included in New Hire Report.
Section 3121.893 | Methods for Making New Hire Report.
Section 3121.894 | New Hires Directory.
Section 3121.895 | Comparing Social Security Numbers in New Hire Report With Case Registry.
Section 3121.897 | New Hire Information Furnished to National Directory of New Hires.
Section 3121.898 | Using New Hire Reports.
Section 3121.899 | Disclosure of New Hire Reports.
Section 3121.8910 | Fee for Failing to Make New Hire Report.
Section 3121.8911 | Administrative Rules for New Hire Report.
Section 3121.91 | Interstate Cooperation.