"Dedicated to Child & Spousal Support Enforcement"

If We Don't Collect, You Don't Pay!

Follow Us

Facebook LinkedIn Google +

Ohio State Law

A. General/Program-At-A-Glance

A1. How many local IV-D offices are in your state (excluding agencies with cooperative agreements)?
Ohio has 88 counties with a IV-D office in each county.
A2. Does your state have statutes that define the attorney-client relationship between the state's attorney and the agency only?
No
A2.1. If yes, what is the statutory citation?
N/A
For Additional Information - No Link Provided
A2.2. Did your state have the state's bar counsel issue an opinion setting the attorney-client relationship?
Supreme Court Board of Commissioners on Grievances and Discipline's Opinion 90-10, issued June 15, 1990.
A2.3. If yes, please explain.
This opinion concludes that IV-D attorneys represent the state and not any individual party.

B. UIFSA

B1. What is the statutory citation for your state's UIFSA?
Ohio Revised Code Chapter 3115.
For Additional Information - exit disclaimer
B2. How many copies or sets of documents does your state need for an intergovernmental case referral?
Two, including one certified copy of each order and payment record.

C. Reciprocity

C1. With which foreign countries does your state have a state level reciprocal agreement for child support enforcement? (Do not include federal foreign reciprocating countries in your answer.)
Australia, Austria, Canada (all provinces except Nunavit), Czech and Slovak Republics, France, Germany, Hungary, Ireland, Mexico, New Zealand, Poland, Sweden and United Kingdom
C1.1. Does your state exercise its option to receive Federal Funding Participation (FFP) for enforcement of spousal-only orders for foreign reciprocating countries?
Yes
C1.2. If yes, please explain.
N/A
C2. Has your state established reciprocity with any Native American tribal courts?
No
C2.1. If yes, list the tribes and identify services provided, if less than full services.
N/A
C3. Does your state accept direct applications from parents in non-reciprocating or non-treaty countries? **
Yes
C4. When a Hague Convention country seeks registration of a Convention support order in your state, does your state allow the country to send an abstract (or summary) of the order on the Hague Abstract of a Decision form in lieu of the complete text? (See UIFSA 706 (b) (1).) **
Yes

D. Age of Majority

D1. What is the age of majority in your state?
18 years of age, or as long as the child attends high school on a full time basis or a court order requires the duty of support to continue. Unless specified in the court order, no duty of support extends beyond the nineteenth birthday of the child.
D2. What is the statutory citation for the age of majority?
Ohio Revised Code section 3109.01
For Additional Information - exit disclaimer
D3. If not addressed in the order, at what age is child support automatically terminated as a matter of state law? Qualify, if necessary.
See D1 above.
D4. Does the date of the order determine the law that is applied?
No
D4.1. If yes, please explain.
N/A
D5. Does child support end if the child leaves the household, but does not emancipate?
No
D5.1. Optional comments regarding emancipation.
N/A
D6. Does your state allow support to be paid beyond the age of majority under any circumstances (for example, the child is handicapped or in college)?
Yes
D6.1. If yes, please explain.
If specified in a court order either due to handicap or college.
D7. Does your state automatically reduce current support owed for remaining children after one of the children in an order reaches the age of majority or otherwise emancipates?
No
D7.1. If yes, please describe the procedure.
N/A
D8. Does your state accept a application from a party after all of the children on the case have emancipated?
Yes.
D8.1 If not, how does this affect interstate referrals?
N/A

E. Statute of Limitations

E1. What is your State's statute of limitations for collection of past-due support?
A. Ohio has no statute of limitations on collection of child support.
For Additional Information - No Link Provided
E2. What is your State's statute of limitations for paternity establishment?
Age 23.
For Additional Information - exit disclaimer
E3. Is dormancy revival/renewal possible?
No
E3.1. If yes, please explain the circumstances when it's possible and how long it's possible.
N/A
For Additional Information - No Link Provided

F. Support Details

F1. What guideline type or method does your state use to calculate child support (for example, Shared Income Model, Percentage of Income Model, Melson Formula)?
Income Shares Model.
For Additional Information - exit disclaimer
F2. Does your state charge interest on arrears?
Yes
F2.1. If yes, please indicate the amount of interest charged and any related conditions.
The court shall assess interest on the amount of support an obligor failed to pay if the court determines the failure to be willful and the arrears accrued after July 15, 1992.
For Additional Information - No Link Provided
F3. Does your state charge interest on retroactive support?
No
F3.1. If yes, please indicate the amount of interest charged and any related conditions.
Ohio prohibits the ordering of retroactive support.
F4. Does your state charge interest on adjudicated arrears?
Yes
F4.1. If yes, please indicate the amount of interest charged and any related conditions.
Interest can be assessed if the arrears have been reduced to judgment.
For Additional Information - No Link Provided
F5. Will your state enforce a medical debt for 50 percent of the uninsured portion?
Yes
F5.1. If yes, under what circumstances?
Reimbursement of uninsured medical expenses is a non IV-D activity unless the amount is reduced to a lump sum and a repayment order has been issued.
F6. Does your state elect to recover costs or charge fees in your IV-D state plan?
No
F6.1. If yes, what costs are recovered from or fees charged to the obligee?
Ohio does not recover costs from obligees.
F6.2. If yes, what costs are recovered from or fees charged to the obligor?
For all support orders issued or modified in Ohio, the law imposes a mandatory processing charge equal to 2% of the support payment to be collected under a support order, see ORC 3119.27 Court orders also assess repayment of genetic testing fees and other court costs in their discretion.
F7. Does your state recover costs on behalf of the initiating state?
Yes
F7.1. Optional comments regarding recovery of initiating state's fees.
F8. What is the statutory citation for your state's long-arm statute to establish or enforce child support?
Ohio Revised Code 2307.381, 2307.385, 3111.06 and 3115.03 (UIFSA).
For Additional Information - exit disclaimer
F9. Does your state establish, enforce, or modify spousal maintenance orders?
Yes
F9.1. If yes, under what circumstances?
Enforcement of spousal support in conjunction with child support is an IV-D activity. We also enforce spousal support only as a non IV-D activity. Only a domestic relations court may establish or modify spousal support.
F10. Does your state require the initiating state to include information about the new spouse or partner upon a request for establishment or modification? (See General Testimony, AT-11-07)
No
F10.1. Optional comments regarding required information on spouse or partner.
F11. How does your state impose and collect the mandatory annual fee applicable to IV-D cases for people who never received IV-A assistance?
A processing charge of the greater of 2% or $1.00 is added to each child support obligation that is paid by the non custodial parent. The mandatory annual fee is recovered from the processing charges collected after $500.00 has been paid on never assistance cases.
F11.1. Does your state collect the fee by retaining the support collected on behalf of the person but not the first $500?
No
F11.2 Does your state collect the fee from the person applying for IV-D services?
No
F11.3. Does your state collect the fee from the absent parent?
Yes, please see F11, above.
F11.4. Does your state pay the fee out of its own funds?
Yes, when recovered processing charges do not total to $25.00 on the case, the state pays the balance of the fee out of its own funds.
F12. When did your state implement the required Deficit Reduction Act (DRA) limited-assignment provision?
10/1/2009
F13. Will your state pass through (and disregard for TANF eligibility purposes) the excepted portion to families in current assistance cases?
No
F14. Does your state participate in the pass-through in former assistance cases?
No
F14.1. If yes, provide the date.
N/A
F15. Will your state discontinue eligible assignments under the DRA of 2005?
No
F15.1. If yes, list the eligible assignments your state would discontinue.
N/A
F15.2. When will your state discontinue each type of assignment?
N/A
F16. Does your state follow PRWORA or DRA distribution ordering rules in former assistance cases?
PRWORA distribution rules.
F17. What are your state's requirements to redirect payments from the court-order payee when a child on the order is receiving TANF with a different payee?
Most Ohio courts require a legal order of custody for a new caretaker. The underlying order is then terminated and a new order in favor of the caretaker is established.
For Additional Information - No Link Provided
F17.1. What are your state's requirements to redirect payments from the court-order payee when a child on the order is receiving Medicaid only with a different payee?
Most Ohio courts require a legal order of custody for a new caretaker. The underlying order is then terminated and a new order in favor of the caretaker is established.
For Additional Information - No Link Provided
F17.2. What are your state's requirements to redirect payments from the court-order payee when a child on the order is with a different payee and not receiving TANF or Medicaid only?
Same answer as F17
For Additional Information - No Link Provided
F17.3. How does your state collect the $25.00 annual fee on never-TANF cases?
"A processing charge of the greater of 2% or $1.00 is added to each child support obligation that is paid by the non custodial parent. The mandatory annual fee is recovered from the processing charges collected after $500.00 has been paid on never assistance cases. See ORC 3119.27"
F18. Will your state recover costs from a U.S. resident non-custodial parent in foreign reciprocating or treaty cases? **
No
F18.1 If yes, describe all costs arising in practice (for example, court costs or legal fees). **
N/A
F19. Does your state send CSENet transactions to request interest information?(MSC R GRINT)
No
F20. Does your state send CSENet transactions to provide another state with interest and arrears information? (MSC P GSTAI)
No

G. Income Withholding

G1. What specific source of income is not subject to withholding?
Benefits from means-tested public assistance programs or benefits for any service connected disability.
For Additional Information - exit disclaimer
G2. Does your state have any limits on income withholding in addition to the Consumer Credit Protection Act (CCPA) limits?
No
G2.1. If yes, what are those limits?
N/A
G3. What is the allowable fee per pay period employers may charge for processing income withholding payments?
$2 or an amount not to exceed 1% of the amount withheld for support, whichever is greater.
For Additional Information - exit disclaimer
G4. After receiving an income withholding order or notice, what is the date by which the employer is required to implement income withholding?
No later than 14 working days following the date the notice was mailed to the payer.
G5. What is the date by which an employer must remit amounts withheld from an employee's pay?
Immediately, but no later than seven working days after the date the obligor is paid.
G6. What are your state's procedures for sanctioning employers for not implementing income withholding?
The employer is liable for the accumulated amount the employer should have withheld from the obligor's wages.
G7. What is the penalty to an employer for failure to remit payments withheld?
Employer will be subjected to violations that carry penalties of fines and/or contempt.
For Additional Information - No Link Provided
G8. Does your state allow direct income withholding of unemployment insurance (UI) benefits across state lines?
Yes
G8.1. Explain your process for receiving direct withholding orders across state lines.
Attn: Finance ODJFS Office of Unemployment Insurance Operations PO Box 182059 Columbus, Ohio 43218
For Additional Information - No Link Provided
G8.2. What documents are required to intercept UI benefits?
a state can send it's standard Income Withholding form directly to the address listed in G9.1 for the withholding of Unemployment benefits.
G9. Does your state allow direct income withholding of workers' compensation (WC) benefits across state lines?
Yes
G9.1. Optional comments regarding direct withholding of WC benefits across state lines.
G10. How does an obligor contest income withholding in your state?
A motion must be filed with the court of jurisdiction.
G11. When the obligor has more than one claim for child support against his or her income, what is your state's priority scheme for income-withholding orders? For example, the employer should allocate the available amount for withholding equally among all orders or prorate available amount across orders.
Withheld income is applied proportionately to current obligations under all orders, then to order on arrears under all orders, then arrears under all orders. Example: Obligor has two support orders for current support, with order "A" requiring $100 per week and order "B" requiring $50 per week. Due to CCPA limitations, the obligor only has $100 per week available income, so $66.67 (approx.) would be applied to order "A" and $33.33 (approx.) applied to order "B".
G11.1. If an employer in your state receives more than one income withholding order for child support from other states, can the employer request your assistance?
Yes
G11.2. If assistance is not available, explain how employers should proceed. Provide a citation for the state law that governs how they should proceed.
Ohio Revised Code section 3121.034 Allocate by multiplying the amount of current support for each order by a fraction, the numerator of which is the amount available for withholding and the denominator is the total amount in all the notices as current support.
For Additional Information - exit disclaimer
G12. Does your state require any mandatory deductions, such as union dues or medical insurance premiums, to arrive at net pay from gross pay when calculating disposable income for child support purposes?
Ohio's child support income shares guidelines begin with the gross income of each party and then adjustments can be made to arrive at a net pay.
G13. When does your state require the employer to send notice of an employee's termination?
A payor is required to notify the IV-D agency within ten business days of any situation, including termination of employment, where the payor stops paying income. ORC. 3121.037 (A)(8).
For Additional Information - exit disclaimer
G14. How long should an employer retain the income withholding orders (IWO) after terminating an employee, in anticipation of reinstating the withholding should the employee be rehired?
There are no specific requirements in the Ohio Revised Code for retaining an IWO after the termination of an employee.
G15. Does your state charge any fees to the obligor that the employer must withhold and remit to the state?
Ohio law requires the payment of a processing charge that is the greater of two per cent of the support payment to be collected under a support order or one dollar per month.
G16. Does your state offer an alternate web-based payment mechanism in addition to paper and EFT/EDI?
In Ohio, payments can be remitted free of charge through the ExpertPay application. Payments are debited from the remitter's bank account on the date provided by the remitter. The remitter can authorize a one-time -only payment or recurring payments (i.e. bi-weekly, monthly, etc.). The website is : http://www.expertpay.com/ Obligors can also pay via MasterCard at website: https://www.e-childspay.com/pcsoapp/login.do
For Additional Information - No Link Provided
G17. Can another state send a direct income withholding order to any of the following in your state: employer, financial institution (explain which institutions), bureau of workers' compensation, or other income payer?
Yes
For Additional Information - exit disclaimer
G18. If there is insufficient income for an employer to withhold for both the total amount of child support and medical support, describe your state's prioritization between child support and medical support.
Child support has priority.
For Additional Information - exit disclaimer
G19. If your state has more than one state or jurisdiction requesting to collect support for the same obligor/obligee combination under the same court order for the same children, (for example where current support goes to the CP and other states have claims for past periods based on payment of TANF), what is your state's procedure for distributing payments among these arrears claims?
Current support has priority over arrears.
G20. If your practice for distribution of payments between cases is directed by state law or rule, what is the citation?
Ohio Administrative Code 5101:12-80-10.
For Additional Information - exit disclaimer
G21. Does your state's law require a signature on the income withholding order?
No

H. Paternity

H1. When your state enters an order establishing paternity, do you also address issues of custody and visitation?
No
H1.1. If yes, please explain.
A tribunal has no jurisdiction over visitation or custody in UIFSA cases.
H2. What is the percentage of probability for genetic testing that creates a rebuttable or conclusive presumption of paternity?
99% or greater
For Additional Information - exit disclaimer
H3. Optional comments regarding legislation that makes paternity acknowledgments conclusive.
Paternity Acknowledgment is rebuttable. If not rescinded, within sixty days after the acknowledgment is signed, it becomes a conclusive determination of paternity.
For Additional Information - No Link Provided
H4. What is the effective date of the state law that makes paternity acknowledgments conclusive?
01/01/1998
H4.1. Were acknowledgments prior to that effective date rebuttable?
Yes
H4.2. Optional comments regarding paternity acknowledgments prior to that date.

For Additional Information - No Link Provided
H5. Does marriage constitute a rebuttable presumption of paternity?
Yes
H5.1. If yes, how is the presumption rebutted?
Evidence that marriage did not really occur.
For Additional Information - No Link Provided
H6. If the father's name is on the birth certificate and paternity has not been established by any other means, does this mean conclusive determination of paternity?
No
H6.1. If no, briefly explain.
Father's name on the birth certificate is evidence, but no longer a presumption of paternity.
For Additional Information - exit disclaimer
H7. What is the effective date of the state law that makes a father's name on the birth certificate a conclusive determination of paternity?
N/A
H8. Does your state have any other paternity-related presumptions?
Yes
H8.1. If yes, briefly explain.
Ohio Putative Father Registry.
H9. Does your state have a putative fathers' registry?
Yes
H9.1. If yes, what is the name of that entity?
Information on paternities established after 1/1/98 is available on line from the Central Paternity Registry at no cost. Statistical and other data is available from the Bureau of Vital Statistics, also at no cost. Certified copies of birth certificates are available at $7.00 and certified copies of paternity affidavits are available at $5.00.
For Additional Information - No Link Provided
H10. Are there any fees for requesting searches, paternity documents and data from your state's bureau of vital statistics?
No
H10.1. If yes, please describe any circumstances under which these fees may be waived.
N/A
For Additional Information - No Link Provided
H11. Is common-law marriage recognized in your state?
No
H11.1. If yes, briefly describe the standard that defines common-law marriage.
Common law marriage was recognized in Ohio prior to October 1991. Any valid common law marriages that were already in effect on that date remained valid until terminated by death or divorce.
H11.2. When did your current common-law standard go into effect?
10/01/1991
H11.3. If there was a common-law standard in effect prior to your current standard, what was that standard and when did it go into effect?
ORC 3115.03.
For Additional Information - exit disclaimer
H12. When the custodial party and/or other witnesses are not able to appear in person for paternity hearings, what methods of testimony are acceptable; for example, written, videotape, and teleconferencing?
Varies by county.
H13. Give the statutory citation for your state's long-arm statute and list any special provisions.
Ohio Revised Code 3115.201
For Additional Information - exit disclaimer
H14. Does your state recover genetic testing costs for another state?
No
H14.1. If yes, please explain.
Under federal regulations at 45 CFR 303.7, the responding IV-D agency must pay the costs it incurs in processing intergovernmental IV-D cases, including the costs of genetic testing.
H15. List any documents required to get the father's name on the birth certificate. For example, is an acknowledgment of paternity needed?
Documents establishing a final and enforceable determination of paternity.
H16. If there is more than one child with the same custodial party and the same alleged father, should one set of documents be sent to your state (with a paternity affidavit for each child) or should a separate packet be sent for each child?
Separate documents should be sent for each child for whom paternity is at issue.

I. Support Order Establishment

I1. Does your state use an administrative, judicial, or a combined process to establish a support obligation?
In responding intergovernmental cases, establishment is judicial.
I1.1. If your state can establish under both, under what circumstances would the administrative process be used?
N/A
I1.2. Under what circumstances would a judicial process would be used?
In responding intergovernmental cases, establishment is judicial.
I1.3. If your state uses an administrative process, provide the statutory citations for your state's administrative procedures.
Ohio Administrative Code 5101:12-45-05
For Additional Information - exit disclaimer
I2. In setting support under your state's guidelines, whose income is considered in addition to the noncustodial (NCP's) (for example, new spouses or children)?
New spouse's or child's income may only be considered by the court in a request for a deviation. The guidelines worksheets do not include any incomes other than the obligee's and obligor's.
For Additional Information - No Link Provided
I3. What criteria for rebutting your presumptive guidelines have been established in your state?
ORC 3119.23 (a) Special and unusual needs of the children; (b) Extraordinary obligations for minor or handicapped children who are not stepchildren or offspring from the marriage or relationship that is the basis of the immediate child support determination; (c) Other court-ordered payments; (d) Extended times or extraordinary; (e) Obligor obtains additional employment after a child support order is issued in order to support a second family; (f) Financial resources and the earning ability of the child; (g) Disparity in income between parties or households; (h) Benefits that either parent receives from remarriage or sharing living expenses with another person; (i) Amount of federal, state, and local taxes actually paid or estimated to be paid by a parent or both of the parents; (j) Significant in-kind contributions from a parent, including, but not limited to, direct payment for lessons, sports equipment, schooling, or clothing; (k) Relative financial resources, other assets and resources, and needs parents; (l) Standard of living/circumstances of parents; Standard of living child would have had if the marriage continued or parents been married; (m) Physical/emotional condition/needs of child; (n) Need/capacity of child for education and educational opportunities that would have been available to child; had circumstances requiring court order for support not arisen; (o) Responsibility of parents for support of others; (p) Any other relevant factor. Court may accept agreement of the parents that assigns a monetary value to any of the factors/criteria (B)(3) of this section that are applicable to their situation.
For Additional Information - exit disclaimer
I4. Will your state establish support orders for prior periods?
Yes
I4.1. If yes, for what prior periods (for example, birth of the child, date of separation, prenatal expenses, 5 years retroactive)?
In paternity cases, the court, in its discretion, may order the repayment of birth expenses, as well as a support order, calculated based on the applicable child support guidelines, back to the date of birth of the child.
I4.2. What information or documentation does your State require to proceed?
Proof of medical expenses, plus all relevant income information for each year from the child's birth forward so that guideline calculations may be completed.
For Additional Information - No Link Provided
I4.3. Will your state allow a petition for support when the only issue is retroactive support?
No
I4.4. If there are limitations upon your state's ability to establish support for prior periods, specify those limitations.
Courts will only allow prior support in these limited paternity related cases. No prior support is allowed in order establishment cases.
I5. What actions can your state perform using the administrative process? For example, does your state use an administrative process for paternity, establishment, modification, and the enforcement of child support?
Enforcement.
For Additional Information - No Link Provided
I6. What is your state's statutory authority for the administrative process?

For Additional Information - exit disclaimer
I7. Is there a local state law that allows an interstate administrative subpoena?
Yes. The Ohio Revised Code contains the sections of UIFSA that permit discovery to and from initiating and responding states (. ORC section 3115.04, 3115.27, 3115.29).
For Additional Information - exit disclaimer
I8. Does your state require that a custodial party receiving public assistance, who is not one of the biological parents, have legal custody of a child before establishing an order for support for that child?
No, but many courts interpret state law to require a caretaker to have legal custody before issuing a child support order.
For Additional Information - No Link Provided
I9. Does your state require that a custodial party who is not one of the biological parents, have legal custody of a child before establishing an order for support for that child when public assistance is not being expended?
No, but many courts interpret state law to require a caretaker to have legal custody before issuing a child support order.
I10. Does your state require that a custodial party, who is not one of the biological parents, have legal custody of a child before enforcing an order for support that was issued to the biological parents as the parties for non-public assistance cases?
No, but many courts interpret state law to require a caretaker to have legal custody before issuing a child support order.
I11. When your state has issued an order that reserves support and now child support should now be ordered, should the other state request an establishment or a modification?
That depends on the wording of the individual child support order. Please contact the local jurisdiction that issued the order to discuss this further.
I12. When there is an existing support order between the parents of a child, and the child's residence changes from one parent to the other, does your state require that the new custodian obtain legal custody before a support order is modified or established?
Varies by county.
I13. When there is an existing support order between the parents of a child, and the child's residence changes from one parent to the other, does your state require that the new custodian obtain legal custody before support can be redirected to the new payee?
Varies by county.
I14. What methods of personal service does your state use? **
By sheriff or private contractor.
I15. Does your state send and receive pleadings and documents electronically in international cases? **
No
I15.1 If yes, specify the types of pleadings and documents your state can send and receive electronically. **
This is a matter of local court and administrative agency discretion.
I16. When establishing a child support order, what can be included as add-ons to the child support guideline amount? **
Health insurance coverage and cash medical support.
I17. Please provide the relevant statutory or case law citation. **
Ohio Revised Code 3119.30.
For Additional Information - exit disclaimer
I18. Does your state encourage amicable solutions between parents in order to promote voluntary payment of support, such as the use of mediation, conciliation, or similar consent processes? **
No
I18.1 If yes, indicate the appropriate responses. **
N/A

J. Support Enforcement

J1. Indicate whether your state has the following enforcement remedies available. Also indicate what procedures are available (i.e., judicial, administrative, or both).
J1.1. Are your state income tax refund procedures judicial, administrative, or both?
Both administrative and judicial procedures are available.
J2. Is the lien process in your state judicial, administrative, or both?
Administrative and Judicial.
J2.1. What are the trigger criteria for filing a lien?
Default. Liens are discretionary given case circumstances
For Additional Information - No Link Provided
J2.2. Where are your state liens filed?
County Recorder's Office.
J2.3. Does your state charge a fee for filing a lien?
No
J2.4. If yes, please indicate the amount.
N/A
J.3. Does your state enforce property seizure and sale?
Yes
J3.1. Are the property seizure and sale procedures judicial, administrative, or both?
Both administrative and judicial procedures are available.
J4. Are the MSFIDM freeze and seize procedures in your state judicial, administrative, or both?
Administrative.
J4.1. When must an NCP receive notice that a MSFIDM freeze and seize action is an enforcement remedy and may be used by the state to collect delinquent child support?
A non-custodial parent receives notice that an MSFIDM Freeze and Seize action is an enforcement remedy when a non-custodial parent becomes "in default" and receives a "Notice of Default" in accordance with Ohio Revised Code section 3123.03 and 3123.031
J4.2. Does your state's income withholding definition include amounts in financial institutions?
Yes.
For Additional Information - exit disclaimer
J4.3. Does your state require a new notice to be sent when intent to freeze and seize is sent?
Yes
J4.3.1 If yes, who notifies the NCP, the state or the financial institution?
N/A
J5. What are the time frames if a new notice of intent to freeze and seize must be sent?
N/A
J5.1. What are the criteria that must be met to deem an obligor eligible for freeze and seize action in your state?
Obligor must be in default.
J5.2. What is the minimum delinquent dollar amount that makes an obligor eligible for asset seizure?
N/A
For Additional Information - No Link Provided
J5.3. Is there a specified amount of time of delinquency required prior to proceeding with freeze and seize?
No.
J5.3.1. If yes, please provide the time frame.
N/A
J5.4. Are only a certain percentage of the obligor's financial assets eligible for freeze and seize?
No
J5.4.1. If yes, provide the percentage.
N/A
J5.4.2. Is the percentage different for joint accounts?
Yes
J5.4.3. If yes, describe.
Percentage attributable to the obligor.
J5.5. Does your state require a minimum amount of money in a financial account for the funds to be eligible for freeze and seize action? If so, provide the amount.
No.
J5.6. Who is responsible for applying the minimum amount, your state or the financial institution?
N/A
J5.7. How long does the obligor or other account holders have to contact your state child support enforcement agency or court to challenge the Freeze and Seize action?
Within 7 business days of the issuance of the Notice of Default, an obligor has the right to contest any mistake of fact contained in the Notice. If the obligor disagrees with the decision from the administrative hearing, the obligor may request a court hearing. The Notice provides due process for a FIDM action. There are no further appeal rights for the obligor with regards to FIDM.
For Additional Information - No Link Provided
J5.8. If state law or policy allows for a second contest to a freeze and seize action, how long does the obligor or joint account holder have to contact your child support agency or court to challenge the freeze and seize action?
A secondary account holder receives a separate notice of the intended freeze and seize. The secondary account holder has 10 days from the date of the notice to request an administrative hearing.
J5.9. On what basis can an obligor and/or other account holder challenge a Freeze and Seize action?
Only the secondary account holder may challenge the withdrawal on the basis that all or a part of the funds in the account are the property of the secondary account holder.
For Additional Information - No Link Provided
J5.10. Is your state's complaint review process judicial, administrative, or both?
Both.
J5.11. What are your state's penalties for incorrect seizures?
None.
J5.12. Is the second challenge administrative, judicial, or both?
Judicial.
J5.13. What is your state's appeal time frame, unique appeal requirements and recourse for non-debtor accounts?
J5.14. Is the freeze and seize operation in your state centralized or automated?
No.
J5.15. Are there additional freeze and seize requirements or limitations not otherwise noted in this profile?
No.
J5.16. Does your state have procedures to liquidate non-liquid assets (for example, stocks, bonds, etc)?
No
J5.16.1 If yes, provide the state authority and the procedures financial institutions should follow to liquidate non-liquid assets.
N/A
For Additional Information - No Link Provided
J5.17. Does your state law or policies instruct the financial institution or state to hold the frozen assets during the challenge or appeal time frame or freeze period?
Financial Institutions are required to hold the frozen assets until they receive the Withdrawal Directive advising them to release or forward funds.
For Additional Information - exit disclaimer
J5.18. How long does the financial institution have to send the obligor's assets to your child support enforcement agency?
"Upon receipt of the withdrawal directive..."
For Additional Information - No Link Provided
J6. Does your state withhold state funds or benefits?
Yes
J6.1. If yes, is the method of withholding state benefits judicial, administrative or both?
Workers Compensation, Unemployment Compensation, Retirement benefits. Both administrative and judicial procedures are available.
J7. Describe any other administrative enforcement procedures your state may have.
Ohio intercepts a variety of income types including lottery winnings and other lump sums.
J8. Describe any other judicial enforcement procedures your state may have.
Our criminal non-support statute provides both misdemeanor and felony penalties, contempt. Ohio Revised Code section 3121.08 permits the withholding of prisoner earnings, however direct income withholding cannot be used for this purpose. An order must be registered for enforcement in Ohio in order to facilitate the withholding of prisoner earnings.
J9. If your State has established specific procedures for registering administrative liens, what are the procedures that another State must follow?
None.
For Additional Information - exit disclaimer
J10. Which of your state's enforcement remedies are available without judicial actions?
Income Withholding, administrative lien filing and professional license revocation, as well as locate and employment verification are available without UIFSA registration.
J11. Describe your state's procedures for registering and enforcing another state's order.
Orders are registered when the order is filed in the registering tribunal. A complaint or comparable pleading may be filed at the same time or later than a registration, specifying the grounds for the remedy being sought. Such an order may be recognized and enforced, but not modified. Immediately upon registration, a notice of registration shall be sent to the non-registering party. That party may request a hearing to vacate the registration no later than 20 days from the date the notice is mailed. The party requesting the hearing has the burden to prove lack of jurisdiction, fraud, that the order had been vacated, suspended or modified, that the order was stayed pending appeal, that full or partial payment had been made, that the statute of limitations precludes enforcement, or that there is a defense to the remedy sought.
J12. Describe additional judicial procedures required after registration, if any, to enforce a support order.
Orders registered in Ohio are subject to all enforcement remedies permitted for OPhio orders, including administrative and judicial enforcement techniques.
J13. Has your state adopted the Uniform Enforcement of Foreign Judgments Act (UEFJA)?
Yes
J13.1. If yes, provide the statutory citation.
Ohio Revised Code 2329.021 through 2329.027. Not currently used for child support cases.
For Additional Information - exit disclaimer
J14. What are your state's criteria for reporting an obligor's child support information to credit bureaus?
Final and enforceable determination of default.
J15. To which credit bureaus does your state report an obligor's child support information?
Equifax.
J16. Is the method for credit bureau reporting judicial, administrative, or both?
Administrative.
J17. These questions describe state procedures for Automated Administrative Enforcement in Interstate Cases (AEI). Refer to OCSE-AT-08-06 for additional information about AEI.
J18. What data matches with financial institutions and other entities (and the seizure of such assets) are available through AEI in your state? Examples may include liens and levies, MSFIDM, FIDM, state benefits (lump sum), state lottery, state income tax, etc.
J19. What documentation does your state require to proceed with an AEI request?
J20. What mandatory data elements does your state need to process AEI requests?

For Additional Information - http://www.acf.hhs.gov/programs/cse/pol/AT/2008/at-08-06.htm
J21. Which additional data elements would aid your state in processing AEI requests?
J22. How many copies/sets of documents does your state require with an AEI request?
J23. What are the criteria that must be met to deem an obligor eligible for any AEI matches available in the state, aside from liens/levies and MSFIDM?
J24. Does your state's law require financial institutions doing business in your state to accept freeze and seize actions directly from other states?
No
J24.1. If no, then describe the process for a freeze and seize action from another child support agency (for example, Transmittal #1 or Transmittal #3), and list the additional documentation required.
J25. What is the procedure for obtaining a certified copy of a court order?
J26. What is the procedure for obtaining a certified payment record?
Send a Transmittal 3 to the Ohio Central Registry or the local CSEA.
J27. Is there a cost for requesting a certified copy of a court order or payment record?
No.
J28. What are your state's policies and practices for driver's license revocation for nonpayment of support and reinstatement, especially for low income parents or a hardship exemption?
J29. What triggers a driver's license revocation?
J29.1 Is there a threshold arrears amount that serves as the basis to revoke or suspend a driver's license?
J29.2 If yes, what is the amount?
J30. Under what conditions may a noncustodial party restore the driver's license?
J30.1 What is the process for restoring a driver's license?
J31. Does your state allow temporary or conditional driver's licenses?
J31.1 If yes, what are the conditions?
J32. Describe any innovations or special practices your state uses regarding driver's license revocation and reinstatement.
J33. When your state is the initiating state, does it submit delinquent cases to the Debtor File for federal administrative offset?
J33.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for administrative offset?
J33.2 What is the dollar amount?
J35. When your state is the initiating state, does it submit delinquent cases to the Debtor File for insurance match?
J35.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for insurance match?
J36. When your state is the responding state, does it submit delinquent cases to the Debtor File for federal administrative offset?
J36.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for federal administrative offset?
J36.2 What is the dollar amount?
J38. When your state is the responding state, does it submit delinquent cases to the Debtor File for insurance match?
J38.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for insurance match?
J38.2 What is the dollar amount?
J39. When your state is the responding state, does it submit delinquent cases to the Debtor File for passport denial?
J40. Does your state give the NCP credit for Retirement, Survivors, and Disability Insurance (RSDI) benefits received directly by the CP?

K. Modification and Review/Adjustment

K1. How frequently does your state conduct order reviews in IV-D cases (for example, every year, every three years)?
Every 36 months unless one of these occur. -30% change in gross income or assets for at least 6 months. -deletion of one child from the order due to emancipation etc. -in order to access health insurance. -incarceration or institutionalization of the obligor for duration of child's minority and no income or assets are available for attachment or levy.
For Additional Information - No Link Provided
K2. Briefly describe your state's modification procedure.
Request of CP or NCP.
K3. What are your criteria for modification (for example, $50 or 20% from present order)?
Either party may request a review of their order from the local CSEA. Orders are recalculated in the review using current information and recommendations for possible adjustment of the order are made. Both administrative and judicial appeals of this review are possible.
K4. Which of the following criteria for demonstrating a change in circumstances apply for modifying an order?
K4.1. The earnings of the obligor have substantially increased or decreased.
Yes
K4.2. The earnings of the obligee have substantially increased or decreased.
Yes
K4.3. The needs of a party or the child(ren) have substantially increased or decreased.
Yes
K4.4. The cost of living as measured by the Federal Bureau of Vital Statistics has changed.
No
K4.5. The child(ren) has extraordinary medical expenses not covered by insurance.
No
K4.6. There has been a substantial change in childcare expenses.
Yes
K4.7. What other criteria does your state use for demonstrating a change in circumstances for modifying an order?
K5. Does your state have cost of living adjustments (COLAs) for orders?
No
K5.1. If yes, what index does your state use?
N/A
K6. How does your state credit SSA disability to current and past-due support?
K7. Does your state abate support? For example, when the child is not living with the CP for more than 30 days and there has not been a change in custody or when the NCP is in prison, etc.
No
K7.1. If yes, explain the circumstances?
N/A
K7.2. What is the statutory citation for your abatement law?
N/A
For Additional Information - No Link Provided
K7.3. What documents does your state require for each type of referral other than UIFSA referrals? For example, pay records and certifications for TANF, etc.

For Additional Information - No Link Provided
K7.4. What information does your state need to obtain copies of paternity acknowledgements/affidavits and birth records, including where to make requests and the cost of processing the requests.
Standard UIFSA documents are required.
K8. What information does your state require to register an out-of-state order for enforcement/modification?
Paternity Affidavit Instructions 1. A written request which includes the child's name, child's date of birth, both parents' names and the registry number. Registry numbers are also called Mail stamp numbers, PEP ID #s, and CPR numbers, and they contain up to 6 digits. Registry numbers can be obtained by calling the Central Paternity Registry at 1-888-810-6446. 2. A $7 check or money order made payable to: Treasurer, State of Ohio. Send the written request and the payment to: Ohio Department of Health Vital Statistics P.O. Box 15098 Columbus, OH 43215-0098 II. Birth Certificate Instructions 1. A written request which includes the child's name, child's date of birth and both parents' names. 2. A $16.50 check or money order made payable to: Treasurer, State of Ohio. Send the written request and the payment to: Ohio Department of Health Vital Statistics P.O. Box 15098 Columbus, OH 43215-0098 3. VitalChek: Birth certificates may also be ordered online at www.vitalchek.com. or by calling 1-877-828-3101 (automated system) or 1-800-669-8313 x.3208 (real person). Method of payment is by credit card only. In addition to the $16.50 for the birth certificate, it costs $8.95 for regular mail shipment (to get it in 10-12 business days) or $21.70 for Fed Ex shipment (in 7-8 business days.) For additional information, you may contact ODH directly at (614) 466-2531 or by fax at (614) 728-9181.
K9. When a child reaches the age of emancipation and arrears are owed on the order, and there is no established payment on arrears, does your state statute allow collection to continue at the same rate as current support?
Standard UIFSA documents are required.
K9.1. When a child reaches the age of emancipation and arrears are owed on the order, and there is an established payment on arrears, does your state statute allow collection to continue at the same rate as current support, current support plus arrears, or the arrears payment amount only?
Current support plus arrears.
K10. What circumstances will cause your state to end child support before the normal duration? **
The child's death; the child's marriage; the child's emancipation; the child's enlistment in the armed services when the child no longer attends an accredited high school on a full-time basis; the child's deportation; a change of legal custody of the child, which includes but is not limited to the granting of permanent custody of the child to a public children services agency or the termination of parental rights of the obligor through another court action; the child's adoption; or the obligor's death.

L. Payments

L1. Does your state define a lump sum payment?
Yes
L1.1 If yes, give your state's definition. (Be specific, for example, severance pay, incentives, relocation lump sum payments, etc.).
"Lump sum payment" means a supplemental payment that an obligor is receiving or is eligible to receive from a payor who has received an income withholding notice regarding the obligor.
L1.2 Provide the statutory citation.
Ohio Administrative Code 5101:12-50-12.
For Additional Information - exit disclaimer
L2. Does your state law require employers to report lump sum payments?
Yes
L2.1 If yes, give the statutory citation or rule.
Ohio Revised Code section 3121.037(A)(10)
For Additional Information - exit disclaimer
L3. Are employers required to report lump sum payments for all income-withholding orders (including cases with no arrears)?
Yes
L3.1 If yes, what is the threshold amount at which a lump sum payment must be reported?
$150.00
L4. How are employers instructed to report a pending lump sum?
The employer is required to notify the IV-D agency pursuant to ORC section 3121.037.
L5. What is the timeframe within which the child support enforcement agency must respond to the employer with instructions for attaching the lump sum?
Immediately upon determining that the obligor is in default or has an arrearage but no later than 30 days after the date of expected distribution.
L6. Does your state use the income-withholding order to attach the lump sum payment?
No
L7. Does your state use the lien/levy process to attach lump sum payments?
Yes
L7.1. If yes, what is the name of the document your state uses to attach non-wage lump sum payments?
An administrative or court order is issued to attach a lump sum payment. Complaints filed in the court of record.
L8. What other documents does your state use to attach lump sum payments?
N/A
L9. If the lump sum payment is considered earnings as defined by the Consumer Credit Protection Act (CCPA), does your state have higher limits on withholding than the CCPA limit?
No.
L9.1. If yes, what are those limits?
N/A
L9.2. If the lump sum is not considered to be earnings as defined by the CCPA, does your state limit the withholding/attachment?
No.
For Additional Information - No Link Provided
L9.3. If yes, what are those limits?
N/A
L9.4. If no, what percentage is the employer required to withhold?
N/A
L10. If an employer pays the lump sum in addition to regular wages in a single payment, would the CCPA limits apply?
Yes
L10.1 If yes, would the employer only withhold for that period's obligation?
No.
L11. Does your state have a direct deposit program?
Yes
L11.1 If so, specify the vendor.
Conduent.
L12. Does your state have a debit card program?
Yes
L12.1 If so, specify the vendor.
Conduent.
L13. Is the debit card used for any other state government programs (TANF, SNAP, etc.)?
No
L13.1 If so, are there fees involved?
N/A
L14. What are the fees associated with using the card?
L15. How does your state collect child support payments from an obligor? **
Generally, all international funds received are converted and applied to the case in U.S. dollars and deposited and processed by the SDU. For Canadian remitters only Ohio has an agreement with Royal Bank of Canada that allows payments to be made via Royal Bank.
L16. How does your state disburse child support payments to foreign reciprocating and treaty countries when your state is the responding state in a case? **
All payments are processed through a designated authority and are processed upon receipt.
L17. What actions does your state take to reduce the costs and fees associated with international payment processing? **
No fees are assessed to the remitter by the Ohio State Disbursement Unit for payments made in international funds. Any charges levied by the SDU bank are absorbed.
L18. Does your state process electronic payments in international cases? **
No
L18.1 If so, describe the process. **
Ohio State Disbursement Unit does not accept or initiate ACH files in international funds. We provide an alternative for Canadian remitters through Royal Bank of Canada.
L19. What is your state's International Bank Account Number (IBAN)? **
N/A

M. Insurance Match

M1. Note: The Consumer Credit Protection Act (CCPA) limits may apply to any insurance payments issued as an income loss replacement.

For Additional Information - exit disclaimer
M1.1. Additional information on the CCPA.

For Additional Information - exit disclaimer
M2. Does your state have legislation that requires insurance companies doing business in your state to provide, exchange, or look up information with or for your state IV-D agency to determine whether a claimant owes past-due child support?
No
M2.1. If yes, provide the statutory citation
N/A
For Additional Information - No Link Provided
M2.1.2. What information is an insurer required to provide, exchange, or look up with your state's IV-D agency?
N/A
For Additional Information - No Link Provided
M2.2. How long before making a payment to a claimant must an insurer provide information to the agency?
N/A
M2.3. What criteria must an obligor meet to be eligible for your state's insurance match, exchange, look up, or intercept program? For example, is the law limited to specific claimants (such as policyholder, beneficiary or joint policyholder), types of claims (such as life, property/casualty, or workers' compensation), or specific policies (such as annuities, short term/long term disability)?
Obligor must be in default pursuant to Ohio Revised Code 3123.06.
M2.4. Must the obligor meet a monetary threshold (dollar amount or percentage of payment) to be eligible for your state's insurance match program?
N/A
M2.5. What does the law require an insurer to do to determine whether a claimant owes past-due child support (for example, log into a secure web application and enter identifying information about the claimant)?
N/A
M2.6. Does your state law provide an alternative method or measure that an insurer may use to determine whether the claimant owes past-due child support (for example, participation in the OCSE Insurance Match Program satisfies the requirement)?
Child Support Lien Network (CSLN).
M2.7. Does your state law establish a penalty for an insurer that fails to comply with the requirement for determining whether a claimant owes past-due child support? If so, provide the statutory citation.
N/A
For Additional Information - No Link Provided
M2.8. Does your state law protect an insurer from liability for acting in accordance with the insurance match law?
Yes.
M3. If there is no law, are insurers required to respond to subpoenas or requests for information and liens/levies or IWOs?
N/A.
M3.1. Provide the statutory citation.
Ohio Revised code section 3121.03 and 5101.37
For Additional Information - exit disclaimer
M4. What forms does your state use to intercept insurance payments, settlements, or awards (such as IWO, Notice of Lien/Levy)?
Income Withholding Order and Lump Sum Transmittal.
M5. Who is required notify the NCP of the insurance intercept activity: the child support enforcement agency, the insurance agency, or both?
The child support enforcement agency.
M5.1. Provide your statutory citation for notifying an NCP of insurance intercept.
Ohio Administrative Code 5101:12-30-10
For Additional Information - exit disclaimer
M5.2. Once notified, is there an appeal period for the obligor and what is its length? Give the statutory citation.
No
For Additional Information - No Link Provided
M6. Are there attorney fees associated with the insurance intercept activity?
No.
M7. How does another state initiate and intercept collections from your state workers' compensation agency?
An income withholding notice can be sent directly from another state to the Ohio Bureau of Worker's Compensation.
M7.1. What is the process, the points of contact, and what forms?

N. Case Closure

N1. Does your state send a CSENet case closure transaction to let the responding state know its intergovernmental services are no longer needed? (MSC P GSC15)
No
N2. Does your state send a CSENet case closure transaction to notify the initiating state that its case is closed based on one of the following reasons: (MSC P GSC16) (a)Initiating state failure to take an action essential for the next steps? (b)The initiating state requested the responding state to close the case?
No
N3. Does your state send a CSENet case closure transaction to notify the responding state that it must stop any income withholding orders or notices and close the intergovernmental case? MSC P GSC17)
No
N4. Does your state send a CSENet case closure transaction to notify the initiating state that per its request the case is closed and your state has stopped its income withholding order? (MSC P GSC18)
No