Ohio Code 3115.708 – Recognition and enforcement of registered convention support order
(A) Except as otherwise provided in division (B) of this section, a court of this state shall recognize and enforce a registered convention support order.
Terms Used In Ohio Code 3115.708
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Child-support order: means a support order for a child, including a child who has attained the age of majority under the law of the issuing state or foreign country. 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
- Fraud: Intentional deception resulting in injury to another.
- Issuing tribunal: means the tribunal of a state or foreign country that issues a support order or a judgment determining parentage of a child. See Ohio Code 3115.102
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- 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
- 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 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
- 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
(B) The following grounds are the only grounds on which a court of this state may refuse recognition and enforcement of a registered convention support order:
(1) Recognition and enforcement of the order is manifestly incompatible with public policy, including the failure of the issuing tribunal to observe minimum standards of due process, which include notice and an opportunity to be heard.
(2) The issuing tribunal lacked personal jurisdiction consistent with section 3115.201 of the Revised Code.
(3) The order is not enforceable in the issuing country.
(4) The order was obtained by fraud in connection with a matter of procedure.
(5) A record transmitted in accordance with section 3115.706 of the Revised Code lacks authenticity or integrity.
(6) A proceeding between the same parties and having the same purpose is pending before a tribunal of this state and that proceeding was the first to be filed.
(7) The order is incompatible with a more recent support order involving the same parties and having the same purpose if the more recent support order is entitled to recognition and enforcement under this chapter in this state.
(8) Payment, to the extent alleged arrears have been paid in whole or in part;
(9) In a case in which the respondent neither appeared nor was represented in the proceeding in the issuing foreign country either of the following applies:
(a) If the law of that country provides for prior notice of proceedings, the respondent did not have proper notice of the proceedings and an opportunity to be heard.
(b) If the law of that country does not provide for prior notice of the proceedings, the respondent did not have proper notice of the order and an opportunity to be heard in a challenge or appeal on fact or law before a tribunal.
(10) The order was made in violation of section 3115.711 of the Revised Code.
(C) If a court of this state does not recognize a convention support order under division (B)(2), (4), or (9) of this section, both of the following apply:
(1) The court may not dismiss the proceeding without allowing a reasonable time for a party to request the establishment of a new convention support order.
(2) The support enforcement agency shall take all appropriate measures to request a child-support order for the obligee if the application for recognition and enforcement was received under section 3115.704 of the Revised Code.