Ohio Revised Code Chapter 3123 - Defaults Under Child Support Orders

• Section 3123.01 - Defaults Under Child Support Orders Definitions.
  As used in this chapter: (A) "Court support order" and "personal earnings" have the same meanings as in section 3119.01 of the Revised Code....
• Section 3123.02 - Investigation After Identification Of Default Under Support Order.
  Immediately after identification of a default under a support order, the child support enforcement agency shall conduct an investigation to determine the employment status...
• Section 3123.021 - Notifying Employer To Withhold Arrearage Amount.
  If an obligor under a support order is identified as being in default under the order and is also identified under section 3121.895 of...
• Section 3123.022 - Right To Contest.
  The issuance of a withholding notice in accordance with section 3123.021 of the Revised Code does not affect the obligor's right to contest pursuant...
• Section 3123.023 - Notifying Obligee Of Withholding Notice.
  At the time it issues a withholding notice in accordance with section 3123.021 of the Revised Code the child support enforcement agency shall notify...
• Section 3123.03 - Sending Default Notice To Obligor.
  Within fifteen calendar days after the identification of a default under a support order, the office of child support in the department of job...
• Section 3123.031 - Default Notice Contents.
  The default notice shall contain all of the following: (A) The date on which it is sent; (B) A statement that the obligor is...
• Section 3123.032 - Notice Becomes Final Determination If No Request For Hearing.
  (A) If an obligor who has received a default notice under section 3123.03 of the Revised Code fails to make a timely request for...
• Section 3123.033 - Standard Forms For Default Notice.
  The department of job and family services shall adopt standard forms for the default notice. Effective Date: 12-31-2002
• Section 3123.034 - Notice Issued Before 12-13-02.
  An advance notice issued under section 3123.03 of the Revised Code as that section existed prior to the effective date of this section shall...
• Section 3123.04 - Administrative Hearing.
  An obligor who receives a default notice under section 3123.03 of the Revised Code may file a written request for an administrative hearing with...
• Section 3123.05 - Motion For Court Hearing.
  If, not later than seven business days after the child support enforcement agency makes its determinations under section 3123.04 of the Revised Code, the...
• Section 3123.06 - Final And Enforceable Determination Of Default.
  (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...
• Section 3123.061 - Application Of Presumed Minimum Payment Provision.
  Section 3123.21 of the Revised Code applies to a withholding or deduction notice or other appropriate order issued under section 3123.06 of the Revised...
• Section 3123.062 - Amended And Renumbered Rc 3123.07.
  Effective Date: 12-31-2002
• Section 3123.07 - Failing To Give Default Notice.
  The failure of the office of child support in the department of job and family services to give the default notice required by section...
• Section 3123.071 - [Repealed].
  Effective Date: 12-31-2002
• Section 3123.10 - Duty Of Court To Notify Agency.
  If any of the following occurs, the court shall notify the child support enforcement agency: (A) The court is required to issue a withholding...
• Section 3123.11 - Agency To Notify Obligee Of Default.
  On receipt of notice under section 3123.10 of the Revised Code, the child support enforcement agency shall notify the obligee of the default, of...
• Section 3123.12 - Keeping Case Files Open.
  No child support enforcement agency, solely because the support due under a support order has not been paid or has not been paid periodically...
• Section 3123.121 - Rules For Keeping Case Files Open.
  The director of job and family services shall adopt, revise, or amend rules under Chapter 119. of the Revised Code to assist in the...
• Section 3123.13 - Payment Of Arrearage Does Not Terminate Order.
  No withholding or deduction notice or other appropriate order described in section 3121.03 of the Revised Code and issued under the Revised Code shall...
• Section 3123.14 - Collecting Arrearage Where Order Is Terminated.
  If a child support order is terminated for any reason, the obligor under the child support order is or was at any time in...
• Section 3123.15 - Action To Collect Arrearage.
  An action or proceeding on behalf of the obligee shall be commenced by the child support enforcement agency as required by section 3123.14 of...
• Section 3123.16 - Payments To Be Monthly.
  Any order issued under section 3123.14 of the Revised Code shall be payable at least monthly. Effective Date: 03-22-2001
• Section 3123.17 - Issuing Or Modifying Support Order When Obligor Is In Default Under Prior Order.
  (A) When a court issues or modifies a court support order, the court shall determine the following: (1) Whether the obligor is in default...
• Section 3123.171 - Interest On Support Arrearage.
  When a court renders a money judgment for child support, pursuant to a motion for a lump sum judgment filed by an obligee, interest...
• Section 3123.18 - Final Judgment.
  If a court or child support enforcement agency made a final and enforceable determination under sections 3123.02 to 3123.071 of the Revised Code as...
• Section 3123.181 - Certified Pay-off Statement.
  On the request of an obligor, obligee, or authorized representative of an obligor or obligee, the child support enforcement agency administering the order for...
• Section 3123.182 - Obtaining Execution On Certified Pay-off Statement.
  During the period a certified pay-off statement issued under section 3123.181 of the Revised Code is valid, the obligee under the support order for...
• Section 3123.183 - Applicability Of Additional Authority To Collect Arrearage.
  Nothing in sections 3123.18 to 3123.182 of the Revised Code limits the applicability of section 3123.22 of the Revised Code. Effective Date: 12-31-2002
• Section 3123.19 - Disposing Of Payments Received On Arrearage.
  If child support arrearages are owed by an obligor to the obligee and to the department of job and family services, any payments received...
• Section 3123.20 - Employer May Not Penalize Employee For Being Subject To Support Order.
  No employer shall discharge an employee for reason of any order issued under the Revised Code to collect support due from the employee under...
• Section 3123.21 - Presumed Minimum Payment On Arrearage.
  (A) A withholding or deduction notice described in section 3121.03 of the Revised Code or an order to collect current support due under a...
• Section 3123.22 - Additional Authority Of Agency To Collect Arrearage.
  Except as otherwise provided in this section, if an obligor is paying off an arrearage owed under a support order pursuant to a withholding...
• Section 3123.23 - Collection Of Arrearages From Collateral Sources.
  (A) The director of job and family services shall adopt rules under Chapter 119. of the Revised Code to implement a program to collect...
• Section 3123.24 - Access Restriction Defined.
  For the purposes of sections 3123.24 to 3123.38 of the Revised Code, "access restriction" means that funds may not be withdrawn or transferred. Effective...
• Section 3123.25 - Account Information Of Obligor In Default Entered Into Case Registry.
  (A) If, as a result of information obtained pursuant to an agreement under section 3121.74 of the Revised Code, the office of child support...
• Section 3123.26 - Restrictions On Account Placed By Financial Institution.
  A financial institution shall promptly place an access restriction on the account of an obligor who maintains an account at the financial institution upon...
• Section 3123.27 - Investigating Account.
  The child support enforcement agency shall, no later than five business days after information is entered into the case registry under section 3123.25 of...
• Section 3123.28 - Withdrawal Directive.
  If a child support enforcement agency that completes an account investigation does not find that any person other than the obligor has an ownership...
• Section 3123.29 - Notice To Other Person With Ownership Interest In Account.
  If a child support enforcement agency finds that a person other than an obligor has an ownership interest in an account, the agency shall...
• Section 3123.30 - Notice Contents.
  The notice sent under section 3123.29 of the Revised Code shall contain both of the following: (A) A statement of the date the notice...
• Section 3123.31 - Administrative Hearing Request.
  The person to whom notice is sent under section 3123.29 of the Revised Code shall have ten days from the date the notice is...
• Section 3123.32 - Withdrawal Directive Where No Hearing Request.
  If a person to whom a notice is sent under section 3123.29 of the Revised Code fails to file a timely request for an...
• Section 3123.33 - Hearing.
  If a person who received notice under section 3123.29 of the Revised Code requests it in a timely manner, the child support enforcement agency...
• Section 3123.34 - Releasing Access Restriction On Account.
  If a child support enforcement agency determines that the total amount in an account is the property of a person who is not the...
• Section 3123.35 - Court Determination Of Amount Of Account Belonging To Other Person.
  If the person described in section 3123.34 of the Revised Code files a timely motion with the court, the court shall hold a hearing...
• Section 3123.36 - Court Order For Full Or Partial Release Of Account.
  If the court determines pursuant to a hearing under section 3123.35 of the Revised Code that all of the funds in the account are...
• Section 3123.37 - Contents Of Withdrawal Directive.
  (A) Subject to sections 3123.27 and 3123.28 to 3123.36 of the Revised Code, an agency that determines that an obligor has funds in an...
• Section 3123.38 - Financial Institution Imposing Access Restriction - Immunity.
  A financial institution is not subject to criminal or civil liability for imposing an access restriction on an account or complying with a withdrawal...
• Section 3123.41 - Board, License Defined.
  As used in sections 3123.41 to 3123.50 of the Revised Code: (A) "Board" means any entity that has the authority pursuant to Title XLVII...
• Section 3123.42 - Determining Whether Defaulting Obligor Is License Holder.
  If either of the following occurs with respect to an individual who is an obligor under a child support order, the child support enforcement...
• Section 3123.43 - Notice To Obligor And Licensing Board.
  If a child support enforcement agency, pursuant to section 3123.42 of the Revised Code, determines that an individual is a license holder or has...
• Section 3123.44 - Contents Of Notice To Obligor.
  (A) Notice shall be sent to an individual described in section 3123.42 of the Revised Code in compliance with section 3121.23 of the Revised...
• Section 3123.45 - Notice To Board If Obligor Is Not In Default.
  A child support enforcement agency that sent a notice to a board of an individual's default under a child support order shall send to...
• Section 3123.46 - Notice To Board If Obligor Is No Longer Out Of Compliance.
  A child support enforcement agency that sent a notice to a board of an individual's failure to comply with a warrant or subpoena shall...
• Section 3123.47 - Refusal, Nonrenewal Or Suspension Of License Of Obligor.
  On receipt of a notice pursuant to section 3123.43 of the Revised Code, a board shall determine whether the individual named in the notice...
• Section 3123.471 - File Of Notices Concerning Obligors Not Currently Licensed.
  A board shall maintain a file containing each notice it receives pursuant to section 3123.43 of the Revised Code that names an individual who...
• Section 3123.48 - Issuing License When Obligor Becomes Eligible.
  Not later than seven days after receipt of a notice pursuant to section 3123.45 or 3123.46 of the Revised Code, the board shall, if...
• Section 3123.49 - Hearing.
  Notwithstanding section 119.06 of the Revised Code, a board shall not hold any hearing in connection with an order refusing to issue or renew...
• Section 3123.50 - License Applicant To Include Social Security Number.
  A board shall require each application for a license, or renewal of a license, issued by the board to include the applicant's social security...
• Section 3123.52 - [Repealed].
  Repealed by 129th General AssemblyFile No.28, HB 153, §105.01, eff. 9/29/2011.
• Section 3123.53 - Determining Whether Defaulting Obligor Is Motor Vehicle License Holder.
  If either of the following occurs with respect to an individual who is an obligor under a child support order, the child support enforcement...
• Section 3123.54 - Notice To Obligor And Registrar.
  If a child support enforcement agency, pursuant to section 3123.53 of the Revised Code, determines that an individual holds a license, endorsement, or permit...
• Section 3123.55 - Contents Of Notice To Obligor.
  (A) Notice shall be sent to the individual described in section 3123.53 of the Revised Code in compliance with section 3121.23 of the Revised...
• Section 3123.56 - Notice To Registrar If Obligor Is Not In Default.
  A child support enforcement agency that sent a notice under section 3123.54 of the Revised Code of an individual's default under a child support...
• Section 3123.57 - Notice To Registrar If Obligor Is No Longer Out Of Compliance.
  A child support enforcement agency that sent a notice under section 3123.54 of the Revised Code of an individual's failure to comply with a...
• Section 3123.58 - Notice To Registrar And Deputies; Grant Of Limited Driving Privileges.
  (A) On receipt of a notice pursuant to section 3123.54 of the Revised Code, the registrar of motor vehicles shall determine whether the individual...
• Section 3123.581 - File Of Notices Concerning Obligors Not Currently Licensed.
  The registrar of motor vehicles shall maintain a list of names of individuals identified in notices sent to the registrar pursuant to section 3123.54...
• Section 3123.59 - Issuing License When Obligor Becomes Eligible.
  Not later than seven days after receipt of a notice pursuant to section 3123.56 or 3123.57 of the Revised Code, the registrar of motor...
• Section 3123.591 - Removal Of Record Of Suspension For Juveniles.
  A child support enforcement agency may, pursuant to rules adopted under section 3123.63 of the Revised Code, direct the registrar of motor vehicles to...
• Section 3123.60 - No Hearing To Be Held.
  Notwithstanding section 119.06 of the Revised Code, the registrar of motor vehicles shall not hold any hearing in connection with an order refusing to...
• Section 3123.61 - [Repealed].
  Repealed by 129th General AssemblyFile No.28, HB 153, §105.01, eff. 9/29/2011.
• Section 3123.611 - [Repealed].
  Effective Date: 01-01-2004
• Section 3123.612 - [Repealed].
  Repealed by 129th General AssemblyFile No.28, HB 153, §105.01, eff. 9/29/2011.
• Section 3123.613 - [Repealed].
  Repealed by 129th General AssemblyFile No.28, HB 153, §105.01, eff. 9/29/2011.
• Section 3123.614 - [Repealed].
  Repealed by 129th General AssemblyFile No.28, HB 153, §105.01, eff. 9/29/2011.
• Section 3123.62 - Determining Whether Defaulting Obligor Is Recreational License Holder.
  (A) As used in this section, "recreational license" means any license, permit, or stamp issued pursuant to section 1533.10, 1533.11, 1533.111, 1533.112, or 1533.32...
• Section 3123.63 - Adopting Rules Concerning License Provisions.
  The director of job and family services shall adopt rules in accordance with Chapter 119. of the Revised Code to implement sections 3123.41 to...
• Section 3123.66 - Asserting Lien Upon Default.
  If a court or a child support enforcement agency makes a final and enforceable determination pursuant to sections 3123.01 to 3123.07 of the Revised...
• Section 3123.67 - Arrearage Becomes Lien Against Personal And Real Property.
  The amount of the arrearage due under the support order determined to be in default pursuant to sections 3123.01 to 3123.07 of the Revised...
• Section 3123.68 - Liens From Other States.
  On receiving a copy of a lien filed in another state that is similar to a lien described in section 3123.67 of the Revised...
• Section 3123.69 - Service.
  A child support enforcement agency shall, no later than ten days after filing a lien pursuant to section 3123.67 or 3123.68 of the Revised...
• Section 3123.70 - Lien Priority.
  A lien imposed pursuant to sections 3123.66 to 3123.68 of the Revised Code shall have priority over liens, mortgages, security interests, or other types...
• Section 3123.71 - Discharging Lien.
  The lien filed with the county recorder shall be effective until the county recorder discharges the lien. The county recorder shall discharge the lien...
• Section 3123.72 - Notice Requesting County Recorder Discharge Lien.
  A child support enforcement agency shall file a notice requesting that the county recorder discharge the lien if one of the following applies: (A)...
• Section 3123.73 - Selling Property Subject To Lien.
  A child support enforcement agency is entitled to have, and may cause, real and personal property subject to a lien established pursuant to sections...
• Section 3123.74 - Complaint To Request Execution Sale.
  (A) To obtain a sale of property subject to a lien established under sections 3123.66 to 3123.68 of the Revised Code, a child support...
• Section 3123.741 - Venue For Filing Complaint.
  The complaint described in section 3123.74 of the Revised Code shall be filed in the court as follows: (A) If the child support in...
• Section 3123.75 - Sale Extinguishes Lien Associated With Property.
  A sale of real or personal property pursuant to section 3123.74 of the Revised Code extinguishes the lien associated with the property. Effective Date:
• Section 3123.76 - Releasing Lien Or Returning Seized Property.
  A child support enforcement agency may at any time release a lien imposed pursuant to sections 3123.66 to 3123.68 of the Revised Code, on...
• Section 3123.77 - Liability For Support Arrearages And Related Expenses.
  Any person or state agency, after service described in section 3123.69 of the Revised Code, that releases, sells, transfers, or conveys real or personal...
• Section 3123.78 - Obtaining Lien Does Not Affect Other Remedies.
  Obtaining a lien under sections 3123.66 to 3123.68 of the Revised Code does not affect any other legal remedies available against obligors or their...
• Section 3123.81 - Collecting Past-due Support From Federal Tax Refunds And Overpayments.
  The office of child support created in the department of job and family services shall work with the secretary of the treasury to collect...
• Section 3123.82 - Obligor, Overpaid Child Support Defined.
  As used in sections 3123.82 to 3123.823 of the Revised Code: (A) "Obligor" means a person who owes "overdue support," as defined in section...
• Section 3123.821 - Collecting Overdue And Overpaid Support From Refunds Cooperation.
  The office of child support created in the department of job and family services under section 3125.02 of the Revised Code shall work with...
• Section 3123.822 - Conditions For Collection From Refunds.
  No overdue or overpaid child support shall be collected from refunds of paid state income taxes unless all of the following conditions are met:...
• Section 3123.823 - Adoption Of Rules.
  The director of job and family services, in conjunction with the tax commissioner, shall adopt rules, pursuant to Chapter 119. of the Revised Code,...
• Section 3123.85 - Reciprocal Agreement With Secretary Of Treasury For Administrative Offsets.
  The office of child support may ask the secretary of the treasury for, and may enter into a reciprocal agreement with the secretary to...
• Section 3123.87 - Application Of Prisoner Earnings To Defaults.
  (A) As used in this section, "prison," "prison term," and "jail" have the same meanings as in section 2929.01 of the Revised Code. (B)...
• Section 3123.88 - Application Of Unclaimed To Defaults.
  (A) The requirements of this section are effective on the date that all support orders have been converted to the automated data processing system...
• Section 3123.89 - Intercept Directive Issued To Lottery Commission Where Winner In Default.
  (A) Subject to section 3770.071 of the Revised Code, a child support enforcement agency that determines that an obligor who is the recipient of...
• Section 3123.90 - Identification Of Obligors At Casinos; Withholding Winnings.
  (A) As used in this section, "casino facility," "casino operator," and "management company" have the meanings defined in section 3772.01 of the Revised Code....
• Section 3123.91 - Consumer Reporting Agency Defined.
  As used in sections 3123.91 to 3123.932 of the Revised Code, "consumer reporting agency" means any person that, for monetary fees, dues, or on...
• Section 3123.92 - Providing Determination Of Default To Consumer Reporting Agency.
  If a court or child support enforcement agency makes a final and enforceable determination pursuant to sections 3123.01 to 3123.07 of the Revised Code...
• Section 3123.921 - Notice To Agency That Arrearage Has Been Paid In Full.
  If a child support enforcement agency contacts a consumer reporting agency and if the obligor pays the entire arrearage under the support order that...
• Section 3123.93 - Consumer Reporting Agency May Request Information Concerning Support Obligation.
  Any consumer reporting agency may contact the office of child support and request information as to whether a specified person is required to pay...
• Section 3123.931 - Review Of Case Registry In Response To Request.
  On receipt of the request, the office of child support shall review the case registry created pursuant to section 3121.81 of the Revised Code...
• Section 3123.932 - Report To Consumer Reporting Agency.
  If the office of child support, on conducting its review, determines that the person is included in the case registry, it shall provide the...
• Section 3123.95 - Poster Program.
  The office of child support in the department of job and family services shall establish a program to increase child support collections by publishing...
• Section 3123.951 - Submitting Names Of Delinquent Obligors.
  Any child support enforcement agency that chooses to participate in the poster program established by the office of child support may submit names of...
• Section 3123.952 - Conditions For Including Obligors On Poster.
  A child support enforcement agency may submit the name of a delinquent obligor to the office of child support for inclusion on a poster...
• Section 3123.953 - Providing Photograph And Information.
  When a child support enforcement agency submits the name of an obligor to the office of child support under section 3123.951 of the Revised...
• Section 3123.954 - Address And Personal Information Not To Be Provided.
  A child support enforcement agency shall not submit to the office of child support the address of the obligee or any other personal information...
• Section 3123.955 - Removing Obligor From List.
  A child support enforcement agency shall determine whether any obligor whose name was submitted to be displayed on a poster has met all the...
• Section 3123.956 - Notifying Obligor.
  The office of child support shall send notice to each obligor whose name was submitted to be displayed on the poster created by the...
• Section 3123.957 - Contents Of Poster.
  Each poster created by the office of child support shall display photographs of, and information about, ten obligors who are liable for support arrearages...
• Section 3123.958 - Publication And Distribution Of Posters.
  The office of child support may publish and distribute a set of posters throughout the state annually. Amended by 130th General Assembly File No....
• Section 3123.959 - Funding Program.
  The office of child support shall use funds appropriated by the general assembly for child support administration to conduct the poster program under sections...
• Section 3123.9510 - Adopting Rules.
  In accordance with Chapter 119. of the Revised Code, the director of job and family services shall adopt rules for the operation of the...
• Section 3123.96 - Agency Poster Program.
  A child support enforcement agency may establish a program to increase child support collections by publishing and distributing a series of posters displaying child...
• Section 3123.961 - Contents Of Agency Poster.
  Each poster described in section 3123.96 of the Revised Code shall display photographs of, and information about, ten obligors who are liable for support...
• Section 3123.962 - Notifying Obligor.
  A child support enforcement agency shall select obligors for inclusion on a poster from obligors that meet the criteria in section 3123.952 of the...
• Section 3123.99 - Penalty.
  Whoever violates section 3123.20 of the Revised Code shall be fined not less than fifty nor more than two hundred dollars and imprisoned not...

Last modified: October 10, 2016