Ohio Code 3115.105 – Application to resident of foreign country and foreign support proceeding
(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:
Terms Used In Ohio Code 3115.105
- 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. See Ohio Code 3115.102
- Convention: means the convention on the international recovery of child support and other forms of family maintenance, concluded at The Hague on November 23, 2007. See Ohio Code 3115.102
- Foreign country: means a country, including a political subdivision of the country, other than the United States, that authorizes the issuance of support orders to which at least one of the following applies:
(1) It has been declared under the law of the United States to be a foreign reciprocating country;
(2) It has established a reciprocal arrangement for child support with this state as provided in section 3115. See Ohio Code 3115.102
- Foreign support order: means a support order of a foreign tribunal. See Ohio Code 3115.102
- Foreign tribunal: includes a competent authority under the convention. See Ohio Code 3115.102
- Obligee: means any of the following:
(1) An individual to whom a duty of support is or is alleged to be owed or in whose favor a support order or a judgment determining parentage of a child has been issued;
(2) A foreign country, state, or political subdivision of a state to which the rights under a duty of support or support order have been assigned or that has independent claims based on financial assistance provided to an individual obligee in place of child support;
(3) An individual seeking a judgment determining parentage of the individual's child;
(4) A person that is a creditor in a proceeding under sections 3115. See Ohio Code 3115.102
- Obligor: means an individual, or the estate of a decedent, to whom or to which any of the following applies:
(1) The individual or estate owes or is alleged to owe a duty of support. See Ohio Code 3115.102
- State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession under the jurisdiction of the United States. See Ohio Code 3115.102
- Support order: means a judgment, decree, order, decision, or directive, whether temporary, final, or subject to modification, issued in a state or foreign country for the benefit of a child, a spouse, or a former spouse, which provides for monetary support, health care, arrearages, retroactive support, or reimbursement for financial assistance provided to an individual obligee in place of child support. See Ohio Code 3115.102
- Tribunal: means a court, administrative agency, or quasi-judicial entity authorized to establish, enforce, or modify support orders or to determine parentage of a child. See Ohio Code 3115.102
(1) A foreign support order;
(2) A foreign tribunal;
(3) An obligee, obligor, or child residing in a foreign country.
(B) A tribunal of this state that is requested to recognize and enforce a support order on the basis of comity may apply the procedural and substantive provisions of sections 3115.102 to 3115.616 of the Revised Code.
(C) Sections 3115.701 to 3115.713 of the Revised Code apply only to a support proceeding under the convention. In such a proceeding, if a provision of sections 3115.701 to 3115.713 of the Revised Code is inconsistent with sections 3115.102 to 3115.616 of the Revised Code, sections 3115.701 to 3115.713 of the Revised Code control.