Ohio Code 3121.382 – Issuing order upon finding of willful failure to comply with withholding 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 3121.382
- Child: includes child by adoption. See Ohio Code 1.59
- Income: means any form of monetary payment, including personal earnings; workers' compensation payments; unemployment compensation benefits to the extent permitted by, and in accordance with, sections 3121. See Ohio Code 3121.01
- 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) If, after a hearing conducted pursuant to section 3121.373 of the Revised Code, the court determines that a payor that is an employer has willfully failed to comply with a withholding notice issued pursuant to section 3121.03 of the Revised Code, or has failed three times within twelve consecutive months to comply with a withholding notice, the court may issue an order requiring one or both of the following:
(1) The payment of support by electronic transfer of funds from the bank account of the payor;
(2) A civil penalty, in addition to any other penalty permitted by law, of up to fifty per cent of the amount not withheld from the obligor’s income or not timely forwarded to the office of child support in accordance with the withholding notice.