Ohio Code 3121.373 – Hearing – notice
(A) As used in this section, “willfully” means voluntarily and intentionally with a specific intent to take an action or fail to take an action.
Terms Used In Ohio Code 3121.373
- Child: includes child by adoption. See Ohio Code 1.59
- Payor: means any person or entity that pays or distributes income to an obligor, including an obligor if the obligor is self-employed; an employer; an employer paying an obligor's workers' compensation benefits; the public employees retirement board; the governing entity of a municipal retirement system; the board of trustees of the Ohio police and fire pension fund; the state teachers retirement board; the school employees retirement board; the state highway patrol retirement board; a provider, as defined in section 3305. See Ohio Code 3121.01
(B) When a child support enforcement agency seeks an order for contempt pursuant to section 3121.371 of the Revised Code against a payor that is an employer, the court may, on motion of the agency or on the court’s own motion, hold a hearing to determine whether the payor has done either of the following:
(1) Willfully failed to comply with a withholding notice issued pursuant to section 3121.03 of the Revised Code;
(2) Failed three times within twelve consecutive months to comply with a withholding notice issued pursuant to section 3121.03 of the Revised Code.
(C) Not later than fourteen days before holding a hearing under division (B) of this section, the court shall serve notice on the payor that complies with court rules regarding service of summonses. The notice must contain all of the following:
(1) The date, time, and location of the hearing;
(2) A statement that if the court determines the payor has committed acts or omissions described in division (B) of this section, the court may order either or both of the penalties set forth in section 3121.382 of the Revised Code.