Ohio Code 3119.60 – Proceedings prior to formal beginning of review
If a child support enforcement agency, periodically or on request of either parent, plans to review a child support order in accordance with the rules adopted pursuant to section 3119.76 of the Revised Code or otherwise plans to review a child support order, and if an application for services administered under Title IV-D of the “Social Security Act,” 88 Stat. 2351 (1975), 42 U.S.C. § 651, as amended, has been completed and filed, the agency shall do all of the following prior to formally beginning the review:
Terms Used In Ohio Code 3119.60
- Administrative child support order: means any order issued by a child support enforcement agency for the support of a child pursuant to section 3109. See Ohio Code 3119.01
- Child: includes child by adoption. See Ohio Code 1.59
- child support enforcement agency: means a child support enforcement agency designated under former section 2301. See Ohio Code 3119.01
- Child support order: means either a court child support order or an administrative child support order. See Ohio Code 3119.01
- Contract: A legal written agreement that becomes binding when signed.
- Court child support order: means any order issued by a court for the support of a child pursuant to Chapter 3115 of the Revised Code, section 2151. See Ohio Code 3119.01
- Income: means either of the following:
(a) For a parent who is employed to full capacity, the gross income of the parent;
(b) For a parent who is unemployed or underemployed, the sum of the gross income of the parent and any potential income of the parent. See Ohio Code 3119.01
- Support order: means either an administrative child support order or a court support order. See Ohio Code 3119.01
(A) Establish a date certain on which the review will formally begin;
(B) Except as otherwise provided in section 3119.771 of the Revised Code, at least thirty days before formally beginning the review, send each parent notice by ordinary mail of the planned review, of the date when the review will formally begin, and that the review may add or adjust a payment on arrearages in accordance with section 3123.21 of the Revised Code;
(C) Request each parent to provide the agency, no later than the scheduled date for formally beginning the review, with all of the following:
(1) A copy of each parent’s federal income tax return and all supporting schedules and documents from the previous year;
(2) A copy of all pay stubs obtained by each parent within the preceding six months;
(3) A copy of all other records evidencing the receipt of any other salary, wages, or compensation by each parent within the preceding six months;
(4) A list of the group health insurance and health care policies, contracts, and plans available to each parent and their costs;
(5) The current health insurance or health care policy, contract, or plan under which each parent is enrolled and its cost;
(6) If either parent is a member of the uniformed services and is on active military duty, a copy of the parent’s leave and earnings statement;
(7) Any other information necessary to properly review the child support order.
(D) Include in the notice sent pursuant to division (B) of this section, one of the following:
(1) If the child support order being reviewed is a court child support order, a notice that a willful failure to provide the documents and other information requested pursuant to division (C) of this section is contempt of court and that the agency may proceed with the review and make reasonable assumptions with respect to the information that was not provided, in accordance with section 3119.72 of the Revised Code;
(2) If the child support order being reviewed is an administrative child support order, a notice that if either parent fails to comply with the request for information, the agency may make reasonable assumptions with respect to the information that was not provided, in accordance with section 3119.72 of the Revised Code.