Effective: February 11, 2019
Latest Legislation: Senate Bill 70 - 132nd General Assembly
(A) If either a court, under section 3123.05 of the Revised Code, or child support enforcement agency, under section 3123.032 or 3123.04 of the Revised Code, makes a final and enforceable determination that an obligor is in default under a support order, one of the following shall apply:
(1) If no withholding notice was issued in accordance with section 3123.021 of the Revised Code with respect to the order, the court or agency shall issue one or more notices requiring withholding or deduction of income or assets of the obligor in accordance with section 3121.03 of the Revised Code, or the court shall issue one or more court orders imposing other appropriate requirements in accordance with sections 3121.03, 3121.035, and 3121.04 to 3121.08, and division (C) of section 3121.12 of the Revised Code.
(2) If a withholding notice was issued in accordance with section 3123.021 of the Revised Code with respect to the order and the final and enforceable determination of default altered the arrearage amount stated in the default notice, the court or agency, whichever made the determination, shall revise the withholding notice and may issue, as appropriate, any of the notices or orders described in division (A)(1) of this section.
(3) If a withholding notice was issued in accordance with section 3123.021 of the Revised Code with respect to the order but the final and enforceable determination of default did not alter the arrearage amount stated in the default notice, the withholding notice shall remain in effect. The court or agency, in addition and as appropriate, may issue any other notice or order described in division (A)(1) of this section.
(B) If a court, under section 3123.05 of the Revised Code, or an agency, under section 3123.04 of the Revised Code, determines that no default exists under a support order, the court or agency shall terminate the default proceedings. If a withholding notice was issued in accordance with section 3123.021 of the Revised Code with respect to the order, the court or agency, whichever made the final and enforceable determination, shall revise the withholding notice, and may issue, as appropriate, any of the notices or orders described in division (A)(1) of this section, to collect current support.
(C) A withholding or deduction notice issued under division (A)(1), (2), or (3) of this section shall require the payment of arrearages caused by the default along with any payment for current support. A withholding or deduction notice or other appropriate order described under this section shall be issued not later than fifteen days after the determination of default under the support order becomes final and enforceable. Section 3123.21 of the Revised Code applies to a withholding or deduction notice or other appropriate order described under division (A) of this section beginning on the date it is issued and ending on the date the period of default ends.
Structure Ohio Revised Code
Title 31 | Domestic Relations-Children
Chapter 3123 | Defaults Under Child Support Orders
Section 3123.01 | Defaults Under Child Support Orders Definitions.
Section 3123.02 | Investigation After Identification of Default Under Support Order.
Section 3123.021 | Notifying Employer to Withhold Arrearage Amount.
Section 3123.022 | Right to Contest.
Section 3123.03 | Sending Default Notice to Obligor.
Section 3123.031 | Default Notice Contents.
Section 3123.032 | Notice Becomes Final Determination if No Request for Hearing.
Section 3123.033 | Standard Forms for Default Notice.
Section 3123.034 | Notice Issued Before 12-13-02.
Section 3123.04 | Administrative Hearing.
Section 3123.05 | Motion for Court Hearing.
Section 3123.06 | Final and Enforceable Determination of Default.
Section 3123.061 | Application of Presumed Minimum Payment Provision.
Section 3123.07 | Failing to Give Default Notice.
Section 3123.10 | Duty of Court to Notify Agency.
Section 3123.11 | Agency to Notify Obligee of Default.
Section 3123.12 | Keeping Case Files Open.
Section 3123.121 | Rules for Keeping Case Files Open.
Section 3123.13 | Payment of Arrearage Does Not Terminate Order.
Section 3123.14 | Collecting Arrearage Where Order Is Terminated.
Section 3123.15 | Action to Collect Arrearage.
Section 3123.16 | Payments to Be Monthly.
Section 3123.17 | Issuing or Modifying Support Order When Obligor Is in Default Under Prior Order.
Section 3123.171 | Interest on Support Arrearage.
Section 3123.18 | Final Judgment.
Section 3123.181 | Certified Pay-Off Statement.
Section 3123.182 | Obtaining Execution on Certified Pay-Off Statement.
Section 3123.183 | Applicability of Additional Authority to Collect Arrearage.
Section 3123.19 | Disposing of Payments Received on Arrearage.
Section 3123.20 | Employer May Not Penalize Employee for Being Subject to Support Order.
Section 3123.21 | Presumed Minimum Payment on Arrearage.
Section 3123.22 | Additional Authority of Agency to Collect Arrearage.
Section 3123.23 | Collection of Arrearages From Collateral Sources.
Section 3123.24 | Access Restriction Defined.
Section 3123.25 | Account Information of Obligor in Default Entered Into Case Registry.
Section 3123.26 | Restrictions on Account Placed by Financial Institution.
Section 3123.27 | Investigating Account.
Section 3123.28 | Withdrawal Directive.
Section 3123.29 | Notice to Other Person With Ownership Interest in Account.
Section 3123.30 | Notice Contents.
Section 3123.31 | Administrative Hearing Request.
Section 3123.32 | Withdrawal Directive Where No Hearing Request.
Section 3123.34 | Releasing Access Restriction on Account.
Section 3123.35 | Court Determination of Amount of Account Belonging to Other Person.
Section 3123.36 | Court Order for Full or Partial Release of Account.
Section 3123.37 | Contents of Withdrawal Directive.
Section 3123.38 | Financial Institution Imposing Access Restriction - Immunity.
Section 3123.41 | Board, License Defined.
Section 3123.42 | Determining Whether Defaulting Obligor Is License Holder.
Section 3123.43 | Notice to Obligor and Licensing Board.
Section 3123.44 | Contents of Notice to Obligor.
Section 3123.45 | Notice to Board if Obligor Is Not in Default.
Section 3123.46 | Notice to Board if Obligor Is No Longer Out of Compliance.
Section 3123.47 | Refusal, Nonrenewal or Suspension of License of Obligor.
Section 3123.471 | File of Notices Concerning Obligors Not Currently Licensed.
Section 3123.48 | Issuing License When Obligor Becomes Eligible.
Section 3123.50 | License Applicant to Include Social Security Number.
Section 3123.53 | Determining Whether Defaulting Obligor Is Motor Vehicle License Holder.
Section 3123.54 | Notice to Obligor and Registrar.
Section 3123.55 | Contents of Notice to Obligor.
Section 3123.56 | Notice to Registrar if Obligor Is Not in Default.
Section 3123.57 | Notice to Registrar if Obligor Is No Longer Out of Compliance.
Section 3123.58 | Notice to Registrar and Deputies; Grant of Limited Driving Privileges.
Section 3123.581 | File of Notices Concerning Obligors Not Currently Licensed.
Section 3123.59 | Issuing License When Obligor Becomes Eligible.
Section 3123.591 | Removal of Record of Suspension for Juveniles.
Section 3123.60 | No Hearing to Be Held.
Section 3123.62 | Determining Whether Defaulting Obligor Is Recreational License Holder.
Section 3123.63 | Adopting Rules Concerning License Provisions.
Section 3123.66 | Asserting Lien Upon Default.
Section 3123.67 | Arrearage Becomes Lien Against Personal and Real Property.
Section 3123.68 | Liens From Other States.
Section 3123.70 | Lien Priority.
Section 3123.71 | Discharging Lien.
Section 3123.72 | Notice Requesting County Recorder Discharge Lien.
Section 3123.73 | Selling Property Subject to Lien.
Section 3123.74 | Complaint to Request Execution Sale.
Section 3123.741 | Venue for Filing Complaint.
Section 3123.75 | Sale Extinguishes Lien Associated With Property.
Section 3123.76 | Releasing Lien or Returning Seized Property.
Section 3123.77 | Liability for Support Arrearages and Related Expenses.
Section 3123.78 | Obtaining Lien Does Not Affect Other Remedies.
Section 3123.81 | Collecting Past-Due Support From Federal Tax Refunds and Overpayments.
Section 3123.82 | Obligor, Overpaid Child Support Defined.
Section 3123.821 | Collecting Overdue and Overpaid Support From Refunds Cooperation.
Section 3123.822 | Conditions for Collection From Refunds.
Section 3123.823 | Adoption of Rules.
Section 3123.85 | Reciprocal Agreement With Secretary of Treasury for Administrative Offsets.
Section 3123.87 | Application of Prisoner Earnings to Defaults.
Section 3123.88 | Application of Unclaimed to Defaults.
Section 3123.89 | Intercept Directive Issued to Lottery Commission Where Winner in Default.
Section 3123.90 | Withholding From Casino and Sports Gaming Winnings.
Section 3123.91 | Consumer Reporting Agency Defined.
Section 3123.92 | Providing Determination of Default to Consumer Reporting Agency.
Section 3123.921 | Notice to Agency That Arrearage Has Been Paid in Full.
Section 3123.93 | Consumer Reporting Agency May Request Information Concerning Support Obligation.
Section 3123.931 | Review of Case Registry in Response to Request.
Section 3123.932 | Report to Consumer Reporting Agency.
Section 3123.95 | Poster Program.
Section 3123.951 | Submitting Names of Delinquent Obligors.
Section 3123.952 | Conditions for Including Obligors on Poster.
Section 3123.953 | Providing Photograph and Information.
Section 3123.954 | Address and Personal Information Not to Be Provided.
Section 3123.955 | Removing Obligor From List.
Section 3123.956 | Notifying Obligor.
Section 3123.957 | Contents of Poster.
Section 3123.958 | Publication and Distribution of Posters.
Section 3123.959 | Funding Program.
Section 3123.9510 | Adopting Rules.
Section 3123.96 | Agency Poster Program.
Section 3123.961 | Contents of Agency Poster.