Ohio Code 3115.604 – Choice of law
(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:
Terms Used In Ohio Code 3115.604
- Another: when used to designate the owner of property which is the subject of an offense, includes not only natural persons but also every other owner of property. See Ohio Code 1.02
- 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
- Issuing state: means the state in which a tribunal issues a support order or a judgment determining parentage of a child. See Ohio Code 3115.102
- Law: includes decisional and statutory law and rules and regulations having the force of law. See Ohio Code 3115.102
- Responding tribunal: means the authorized tribunal in a responding state or foreign country. 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
- Statute: A law passed by a legislature.
- 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) The nature, extent, amount, and duration of current payments under a registered support order;
(2) The computation and payment of arrearages and accrual of interest on the arrearages under the support order;
(3) The existence and satisfaction of other obligations under the support order.
(B) In a proceeding for arrears under a registered support order, the statute of limitation of this state, or of the issuing state or foreign country, whichever is longer, applies.
(C) A responding tribunal of this state shall apply the procedures and remedies of this state to enforce current support and collect arrears and interest due on a support order of another state or a foreign country registered in this state.
(D) After a tribunal of this state or another state determines which is the controlling order and issues an order consolidating arrears, if any, a tribunal of this state shall prospectively apply the law of the state or foreign country issuing the controlling order, including its law on interest on arrears, on current and future support, and on consolidated arrears.