Ohio Code 3115.705 – Direct request
(A) A petitioner may file a direct request seeking establishment or modification of a support order or determination of parentage of a child. In the proceeding, the law of this state applies.
Terms Used In Ohio Code 3115.705
- Bond: includes an undertaking. 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 support order: means a support order of a foreign tribunal. 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
- 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 enforcement agency: means a public official, governmental entity, or private agency authorized to do any of the following:
(1) Seek enforcement of support orders or laws relating to the duty of support;
(2) Seek establishment or modification of child support;
(3) Request determination of parentage of a child;
(4) Attempt to locate obligors or their assets; or
(5) Request determination of the controlling child-support order. 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
(B) A petitioner may file a direct request seeking recognition and enforcement of a support order or support agreement. In the proceeding, sections 3115.706 to 3115.713 of the Revised Code apply.
(C) In a direct request for recognition and enforcement of a convention support order or foreign support agreement, both of the following apply:
(1) A security, bond, or deposit is not required to guarantee the payment of costs and expenses.
(2) An obligee or obligor that in the issuing country has benefited from free legal assistance is entitled to benefit, at least to the same extent, from any free legal assistance provided for by the law of this state under the same circumstances.
(D) A petitioner filing a direct request is not entitled to assistance from the support enforcement agency.
(E) Sections 3115.701 to 3115.713 of the Revised Code do not prevent the application of laws of this state that provide simplified, more expeditious rules regarding a direct request for recognition and enforcement of a foreign support order or foreign support agreement.