Ohio Code 3115.701 – Definitions
As used in sections 3115.701 to 3115.713 of the Revised Code:
Terms Used In Ohio Code 3115.701
- 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
- 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 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
- Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. 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
- United States: includes all the states. See Ohio Code 1.59
(A) “Application” means a request under the convention by an obligee or obligor, or on behalf of a child, made through a central authority for assistance from another central authority.
(B) “Central authority” means the entity designated by the United States or a foreign country described in division (E)(4) of section 3115.102 of the Revised Code to perform the functions specified in the convention.
(C) “Convention support order” means a support order of a tribunal of a foreign country described in division (E)(4) of section 3115.102 of the Revised Code.
(D) “Direct request” means a petition filed by an individual in a tribunal of this state in a proceeding involving an obligee, obligor, or child residing outside the United States.
(E) “Foreign central authority” means the entity designated by a foreign country described in division (E)(4) of section 3115.102 of the Revised Code to perform the functions specified in the convention.
(F) “Foreign support agreement” means an agreement that meets the following criteria:
(1) It is an agreement for support in a record to which all of the following apply:
(a) It is enforceable as a support order in the country of origin.
(b) One of the following applies:
(i) It has been formally drawn up or registered as an authentic instrument by a foreign tribunal; or
(ii) It has been authenticated by, or concluded, registered, or filed with a foreign tribunal.
(c) It may be reviewed and modified by a foreign tribunal.
(2) It includes a maintenance arrangement or authentic instrument under the convention.
(G) “United States central authority” means the secretary of the United States department of health and human services.