Ohio Revised Code
Chapter 3121 | Collection and Disbursement of Child Support
Section 3121.89 | Employee and Employer Defined.

Effective: September 29, 2013
Latest Legislation: House Bill 59 - 130th General Assembly
As used in sections 3121.891 to 3121.8911 of the Revised Code:
(A) "Contractor" means an individual who provides services to an employer as an independent contractor for compensation that is reported as income other than wages and who is an individual, the sole shareholder of a corporation, or the sole member of a limited liability company. "Contractor" does not include any of the following:
(1) An individual performing intelligence or counterintelligence functions for a state agency if the head of the agency has determined that reporting pursuant to this section could endanger the safety of the individual or compromise an ongoing investigation or intelligence mission;
(2) A professionally licensed person who is providing services to the employer under that license;
(3) An individual who will receive for the services provided under the contract compensation of less than two thousand five hundred dollars per year or a greater amount that the director of job and family services establishes by rule adopted under section 3121.896 of the Revised Code.
(B) "Employee" means an individual who is employed to provide services to an employer for compensation that is reported as income from wages. "Employee" does not include an individual performing intelligence or counterintelligence functions for a state agency, if the head of the agency has determined that reporting pursuant to this section could endanger the safety of the employee or compromise an ongoing investigation or intelligence mission.
(C) "Employer" means any person or governmental entity other than the federal government for which an individual performs any service, of whatever nature, as the employee or contractor of such person, except that:
(1) If the person for whom the individual performs services does not have control of the payment of compensation for the services, "employer" means the person having control of the payment of the compensation.
(2) In the case of a person paying compensation on behalf of a nonresident alien individual, foreign partnership, or foreign corporation not engaged in trade or business within the United States, "employer" means the person paying the compensation.
(3) In the case of compensation paid to a contractor, "employer" does not include any person or entity that lacks a federal employer identification number.
(D) "Newly hired employee" means either of the following:
(1) An employee who has not previously been employed by the employer;
(2) An employee who was previously employed by an employer but has been separated from that prior employment for at least sixty consecutive days.
(E) "Professionally licensed person" has the same meaning as in section 2925.01 of the Revised Code.

Structure Ohio Revised Code

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 3121.02 | Ensuring That Withholding or Deduction From Income or Assets of Obligor Is Available.

Section 3121.03 | Withholding or Deduction From Income or Assets of Obligor.

Section 3121.031 | Determining Employment Status of Obligor, Obligor's Social Security Number, Name and Business Address of Obligor's Employer, and Other Information.

Section 3121.032 | Including Withholding or Deduction Requirements or Other Appropriate Requirements in Notices and Orders.

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 3121.039 | Prior Orders and Notices Considered to Be Notices and Orders Under 2001 Provisions.

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 3121.091 | Service of Notice of 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 3121.18 | Fees.

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 3121.23 | Service.

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 3121.39 | Employer Not to Take Adverse Action Against Employee Subject to Child Support Withholding.

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 3121.53 | Payments Made on Other Basis Not to Affect the Frequency or the Amount of the Support Payments.

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 3121.896 | Director of Job and Family Services to Determine Use of Information - Increase of Payment to Contractor.

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.

Section 3121.92 | International Cooperation.

Section 3121.99 | Penalty.