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Ohio Statutes, Title 31

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Title 31, Title 31. Domestic Relations-Children

15 chapters · 879 sections in this title.

All chapters in Title 31879 Ch 3119, Chapter 3119 | Calculation Of Child …127 Ch 3123, Chapter 3123 | Defaults Under Child …116 Ch 3121, Chapter 3121 | Collection and Disbur…95 Ch 3111, Chapter 3111 | Parentage90 Ch 3107, Chapter 3107 | Adoption81 Ch 3109, Chapter 3109 | Children81 Ch 3115, Chapter 3115 | Uniform Interstate Fa…78 Ch 3105, Chapter 3105 | Divorce, Alimony, Ann…52 Ch 3125, Chapter 3125 | Title IV-D Child Supp…47 Ch 3127, Chapter 3127 | Uniform Child Custody…41 Ch 3113, Chapter 3113 | Neglect, Abandonment,…30 Ch 3101, Chapter 3101 | Marriage18 Ch 3103, Chapter 3103 | Husband And Wife9 Ch 3117, Chapter 3117 | Conciliation Of Marit…8

78 sections·Filtered byTitle 31✕Ch 3115✕

Ohio Rev. Code Ann. § 3115.101 Short title
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This chapter may be cited as the "Uniform Interstate Family Support Act of 2008." This chapter uses the numbering system of the national conference of commissioners on uniform state laws. The digits to the right of the decimal point are sequential and not supplemental to any prec…
Ohio Rev. Code Ann. § 3115.102 Definitions
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As used in this chapter:(A) "Child" means an individual, whether over or under the age of majority, who is or is alleged to be owed a duty of support by the individual's parent or who is or is alleged to be the beneficiary of a support order directed to the parent.(B) "Child-supp…
Ohio Rev. Code Ann. § 3115.103 State tribunal and support enforcement agencies
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(A) For purposes of carrying out the duties and responsibilities under this chapter, the juvenile court or the division of the court of common pleas that has jurisdiction over disputes arising under this chapter is the tribunal of this state and for the purposes of initiating a p…
Ohio Rev. Code Ann. § 3115.104 Remedies cumulative
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(A) Remedies provided by this chapter are cumulative and do not affect the availability of remedies under other law or the recognition of a foreign support order on the basis of comity.(B) This chapter does not do either of the following:(1) Provide the exclusive method of establ…

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Ohio Rev. Code Ann. § 3115.105 Application to resident of foreign country and foreign support proceeding

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(A) A tribunal of this state shall apply sections 3115.102 to 3115.616 of the Revised Code and, as applicable, sections 3115.701 to 3115.713 of the Revised Code, to a support proceeding involving any of the following:(1) A foreign support order;(2) A foreign tribunal;(3) An oblig…

Ohio Rev. Code Ann. § 3115.201 Bases for jurisdiction over nonresident

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(A) In a proceeding to establish or enforce a support order or to determine parentage of a child, a tribunal or support enforcement agency of this state may exercise personal jurisdiction over a nonresident individual if any of the following apply: (1) The individual is personall…

Ohio Rev. Code Ann. § 3115.202 Duration of personal jurisdiction

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Personal jurisdiction acquired by a tribunal of this state in a proceeding under this chapter or other law of this state relating to a support order continues as long as a tribunal of this state has continuing, exclusive jurisdiction to modify its order or continuing jurisdiction…

Ohio Rev. Code Ann. § 3115.203 Initiating and responding tribunal of state

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Under this chapter, a tribunal of this state may serve as an initiating tribunal to forward proceedings to a tribunal of another state, and as a responding tribunal for proceedings initiated in another state or a foreign country.

Ohio Rev. Code Ann. § 3115.204 Simultaneous proceedings

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(A) A tribunal of this state may exercise jurisdiction to establish a support order if the petition or comparable pleading is filed after a pleading is filed in another state or a foreign country only if all of the following apply:(1) The petition or comparable pleading in this s…

Ohio Rev. Code Ann. § 3115.205 Continuing, exclusive jurisdiction to modify child-support order

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(A) A tribunal of this state that has issued a child-support order consistent with the law of this state has and shall exercise continuing, exclusive jurisdiction to modify its child-support order if the order is the controlling order and either of the following applies: (1) At t…

Ohio Rev. Code Ann. § 3115.206 Continuing jurisdiction to enforce child-support order

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(A) A tribunal of this state that has issued a child-support order consistent with the law of this state may serve as an initiating tribunal to request a tribunal of another state to enforce either of the following:(1) The order, if the order is the controlling order and has not …

Ohio Rev. Code Ann. § 3115.207 Determination of controlling child-support order

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(A) If a proceeding is brought under this chapter and only one tribunal has issued a child-support order, the order of that tribunal controls and must be recognized.(B) If a proceeding is brought under this chapter and two or more child-support orders have been issued by tribunal…

Ohio Rev. Code Ann. § 3115.208 Child-support orders for two or more obligees

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In responding to registrations or petitions for enforcement of two or more child-support orders in effect at the same time with regard to the same obligor and different individual obligees, at least one of which was issued by a tribunal of another state or a foreign country, a tr…

Ohio Rev. Code Ann. § 3115.209 Credit for payments

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A tribunal of this state shall credit amounts collected for a particular period pursuant to any child-support order against the amounts owed for the same period under any other child-support order for support of the same child issued by a tribunal of this state, another state, or…

Ohio Rev. Code Ann. § 3115.210 Application to nonresident subject to personal jurisdiction

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A tribunal of this state exercising personal jurisdiction over a nonresident in a proceeding under this chapter, under other law of this state relating to a support order, or recognizing a foreign support order may receive evidence from outside this state pursuant to section 3115…

Ohio Rev. Code Ann. § 3115.211 Continuing, exlcusive jurisdiction to modify spousal-support order

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(A) A tribunal of this state issuing a spousal-support order consistent with the law of this state has continuing, exclusive jurisdiction to modify the spousal-support order throughout the existence of the support obligation.(B) A tribunal of this state may not modify a spousal-s…

Ohio Rev. Code Ann. § 3115.301 Proceedings under act

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(A) Except as otherwise provided in this chapter, sections 3115.301 to 3115.319 of the Revised Code apply to all proceedings under this chapter.(B) An individual petitioner or a support enforcement agency may initiate a proceeding authorized under this chapter by filing a petitio…

Ohio Rev. Code Ann. § 3115.302 Proceeding by minor parent

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A minor parent, or a guardian or other legal representative of a minor parent, may maintain a proceeding on behalf of or for the benefit of the minor's child.

Ohio Rev. Code Ann. § 3115.303 Application of law of state

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Except as otherwise provided in this chapter, a responding tribunal of this state shall do both of the following:(A) Apply the procedural and substantive law generally applicable to similar proceedings originating in this state and may exercise all powers and provide all remedies…

Ohio Rev. Code Ann. § 3115.304 Duties of initiating tribunal

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(A) Upon the filing of a petition authorized by this chapter, an initiating tribunal of this state shall forward the petition and its accompanying documents to whichever of the following is relevant:(1) The responding tribunal or appropriate support enforcement agency in the resp…

Ohio Rev. Code Ann. § 3115.305 Duties and powers of responding tribunal

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(A) When a responding support enforcement agency of this state receives a petition or comparable pleading from an initiating tribunal or directly pursuant to division (B) of section 3115.301 of the Revised Code, it shall cause the petition or pleading to be filed and notify the p…

Ohio Rev. Code Ann. § 3115.306 Inappropriate tribunal

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If a petition or comparable pleading is received by an inappropriate tribunal or support enforcement agency of this state, the tribunal or support enforcement agency shall forward the pleading and accompanying documents to an appropriate tribunal or support enforcement agency of …

Ohio Rev. Code Ann. § 3115.307 Duties of support enforcement agency

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(A) A support enforcement agency of this state, upon request, shall provide services to a petitioner in a proceeding under this chapter.(B) A support enforcement agency of this state that is providing services to the petitioner shall do all of the following:(1) Take all steps nec…

Ohio Rev. Code Ann. § 3115.308 Duty of department of job and family services

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(A) If the department of job and family services determines that the support enforcement agency is neglecting or refusing to provide services to an individual, the department may order the agency to perform its duties under this chapter or may provide those services directly to t…

Ohio Rev. Code Ann. § 3115.309 Private counsel

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An individual may employ private counsel to represent the individual in proceedings authorized by this chapter.

Ohio Rev. Code Ann. § 3115.310 Duties of state information agency

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(A) The department of job and family services is the state information agency under this chapter.(B) The state information agency shall do all of the following:(1) Compile and maintain a current list, including addresses, of the tribunals in this state that have jurisdiction unde…

Ohio Rev. Code Ann. § 3115.311 Pleadings and accompanying documents

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(A) In a proceeding under this chapter, a petitioner seeking to establish a support order, to determine parentage of a child, or to register and modify a support order of a tribunal of another state or a foreign country must file a petition. Unless otherwise ordered under section…

Ohio Rev. Code Ann. § 3115.312 Nondisclosure of information in exceptional circumstances

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If a party alleges in an affidavit or a pleading under oath that the health, safety, or liberty of a party or child would be jeopardized by disclosure of specific identifying information, that information must be sealed and may not be disclosed to the other party or the public. A…

Ohio Rev. Code Ann. § 3115.313 Costs and fees

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(A) The petitioner may not be required to pay a filing fee or other costs.(B) If an obligee prevails, a responding tribunal of this state may assess against an obligor filing fees, reasonable attorney's fees, other costs, and necessary travel and other reasonable expenses incurre…

Ohio Rev. Code Ann. § 3115.314 Limited immunity of petitioner

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(A) Participation by a petitioner in a proceeding under this chapter before a responding tribunal, whether in person, by private attorney, or through services provided by the support enforcement agency, does not confer personal jurisdiction over the petitioner in another proceedi…

Ohio Rev. Code Ann. § 3115.315 Nonparentage as a defense

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A party whose parentage of a child has been previously determined by or pursuant to law may not plead nonparentage as a defense to a proceeding under this chapter.

Ohio Rev. Code Ann. § 3115.316 Special rules of evidence and procedure

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(A) The physical presence of a nonresident party who is an individual in a tribunal of this state is not required for the establishment, enforcement, or modification of a support order or the rendition of a judgment determining parentage of a child.(B) An affidavit, a document su…

Ohio Rev. Code Ann. § 3115.317 Communications between tribunals

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A tribunal of this state may communicate with a tribunal outside this state in a record or by telephone, electronic mail, or other means to obtain information concerning the laws, the legal effect of a judgment, decree, or order of that tribunal and the status of a proceeding. A …

Ohio Rev. Code Ann. § 3115.318 Assistance with discovery

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A tribunal of this state may do both of the following:(A) Request a tribunal outside this state to assist in obtaining discovery;(B) Upon request, compel a person over which it has jurisdiction to respond to a discovery order issued by a tribunal outside this state.

Ohio Rev. Code Ann. § 3115.319 Receipt and disbursement of payments

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(A) A support enforcement agency or tribunal of this state shall disburse promptly any amounts received pursuant to a support order, as directed by the order. The agency or tribunal shall furnish to a requesting party or tribunal of another state or a foreign country a certified …

Ohio Rev. Code Ann. § 3115.401 Establishment of support order

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(A) If a support order entitled to recognition under this chapter has not been issued, a responding tribunal of this state with personal jurisdiction over the parties may issue a support order if either of the following applies:(1) The individual seeking the order resides outside…

Ohio Rev. Code Ann. § 3115.402 Proceeding to determine parentage

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A tribunal of this state authorized to determine parentage of a child may serve as a responding tribunal in a proceeding to determine parentage of a child brought under this chapter or a law or procedure substantially similar to this chapter.

Ohio Rev. Code Ann. § 3115.501 Employer's receipt of income-withholding order of another state

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An income-withholding order issued in another state may be sent by or on behalf of the obligee, or by the support enforcement agency, to the person defined as the obligor's employer or other payor under Chapter 3121. of the Revised Code without first filing a petition or comparab…

Ohio Rev. Code Ann. § 3115.502 Employer's compliance with income-withholding order of another state

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(A) Upon receipt of an income-withholding order, the obligor's employer or other payor shall immediately provide a copy of the order to the obligor.(B) The employer or other payor shall treat an income-withholding order issued in another state that appears regular on its face as …

Ohio Rev. Code Ann. § 3115.503 Employer's compliance with two or more income-withholding orders

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If an obligor's employer or other payor receives two or more income-withholding orders with respect to the earnings of the same obligor, the employer or other payor satisfies the terms of the orders if the employer or other payor complies with the law of the state of the obligor'…

Ohio Rev. Code Ann. § 3115.504 Immunity from civil liability

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An employer or other payor that complies with an income-withholding order issued in another state in accordance with sections 3115.501 to 3115.507 of the Revised Code is not subject to civil liability to an individual or agency with regard to the employer's or other payor's withh…

Ohio Rev. Code Ann. § 3115.505 Penalties for noncompliance

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An employer or other payor that willfully fails to comply with an income-withholding order issued in another state and received for enforcement is subject to the same penalties that may be imposed for noncompliance with an order issued by a tribunal of this state.

Ohio Rev. Code Ann. § 3115.506 Contest by obligor

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(A) An obligor may contest the validity or enforcement of an income-withholding order issued in another state and received directly by an employer or other payor in this state by registering the order in a court of this state and filing a contest to that order as provided in sect…

Ohio Rev. Code Ann. § 3115.507 Administrative enforcement of orders

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(A) A party or support enforcement agency seeking to enforce a support order or an income-withholding order, or both, issued in another state or a foreign support order may send the documents required for registering the order to a support enforcement agency of this state.(B) Upo…

Ohio Rev. Code Ann. § 3115.601 Registration of order of enforcement

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A support order or income-withholding order issued in another state or a foreign support order may be registered in this state for enforcement.

Ohio Rev. Code Ann. § 3115.602 Procedure to register order for enforcement

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(A) Except as otherwise provided in section 3115.706 of the Revised Code, a support order or income-withholding order of another state or a foreign support order may be registered in this state by sending the following records to the appropriate tribunal in this state:(1) A lette…

Ohio Rev. Code Ann. § 3115.603 Effect of registration for enforcement

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(A) A support order or income-withholding order issued in another state or a foreign support order is registered when the order is filed in the registering tribunal of this state.(B) A registered support order issued in another state or a foreign country is enforceable in the sam…

Ohio Rev. Code Ann. § 3115.604 Choice of law

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(A) Except as otherwise provided in division (D) of this section, the law of the issuing state or foreign country governs all of the following:(1) The nature, extent, amount, and duration of current payments under a registered support order;(2) The computation and payment of arre…

Ohio Rev. Code Ann. § 3115.605 Notice of registration of order

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(A) When a support order or income-withholding order issued in another state or a foreign support order is registered, the registering tribunal of this state shall notify the nonregistering party. The notice must be accompanied by a copy of the registered order and the documents …

Ohio Rev. Code Ann. § 3115.606 Procedure to contest validity or enforcement of registered support order

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(A) A nonregistering party seeking to contest the validity or enforcement of a registered support order in this state shall request a hearing within the time required by section 3115.605 of the Revised Code. The nonregistering party may seek to vacate the registration, to assert …