Effective: October 31, 2001
Latest Legislation: Senate Bill 99 - 124th General Assembly
(A) If a child support enforcement agency discovers pursuant to an investigation conducted under section 3123.02 of the Revised Code that an obligor under a child support order that it is administering may be receiving unemployment compensation benefits or if a child support enforcement agency receives notice or otherwise discovers that an obligor under a child support order may be receiving unemployment compensation benefits, the agency promptly shall conduct an investigation to determine whether the obligor is receiving unemployment compensation benefits and to determine the amount of the benefits. The investigation shall be completed within ten days of the agency's discovery or receipt of the notice.
(B)(1) Upon completion of an investigation conducted under division (A) of this section, if the agency finds that the obligor is receiving unemployment compensation benefits, it shall, in accordance with Chapter 3121. of the Revised Code and section 4141.284 of the Revised Code and federal law governing the department of job and family services, notify the department of job and family services to withhold or deduct an amount from the unemployment compensation benefits to pay child support obligations. Any deduction from a source in accordance with this section and section 4141.284 of the Revised Code is in addition to, and does not preclude, any withholding or deduction for purposes of child support under Chapters 3119., 3121., and 3123. of the Revised Code.
The agency may not impose the processing charge pursuant to section 3119.27 of the Revised Code with respect to amounts withheld or deducted from unemployment compensation pursuant to this section.
(2)(a) The department of job and family services, in accordance with section 4141.284 of the Revised Code, shall deduct and withhold from unemployment compensation payable to the obligor, and pay to the appropriate child support enforcement entity, whichever of the following is applicable:
(i) Any amount required to be deducted and withheld from the unemployment compensation pursuant to legal process, as that term is defined in Title IV-D of the "Social Security Act," 88 Stat. 2351 (1975), 42 U.S.C. 651 et seq., as amended, and properly served on the director of job and family services, as described in section 4141.282 of the Revised Code;
(ii) When division (B)(2)(a)(i) of this section is inapplicable, an amount determined pursuant to an agreement submitted to the director under Title IV-D of the "Social Security Act," 88 Stat. 2351, 42 U.S.C. 651 et seq., as amended, by the state or local child support enforcement agency;
(iii) If neither division (B)(2)(a)(i) nor (ii) of this section is applicable, then the amount specified by the individual.
(b) The amount of unemployment compensation subject to being withheld pursuant to division (B)(2)(a) of this section is that amount that remains payable to the individual after application of any recoupment provisions for recovery of overpayments and after deductions that have been made under Chapter 4141. of the Revised Code for deductible income received by the individual. Effective for applications to establish unemployment compensation benefit rights filed after December 27, 1997, the amount withheld with respect to a week of unemployment benefits shall not exceed fifty per cent of the individual's weekly benefit amount as determined by the director.
(c) Any deduction and withholding pursuant to division (B) of this section from unemployment compensation payable to an obligor is subject to, and shall be in accordance with, section 4141.284 of the Revised Code.
(C) The director shall adopt rules in accordance with Chapter 119. of the Revised Code to implement this section, which rules shall be consistent with section 4141.284 of the Revised Code and federal law governing the department.
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.