FRANKLIN
COUNTY RULES OF PRACTICE
OF THE COURT OF COMMON PLEAS
Domestic Relations
Division
Juvenile Branch
Effective February 1, 1990 unless otherwise noted
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JUVENILE
RULES
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RULE 10:
CHILD
SUPPORT COMPUTATION WORKSHEET
SOLE RESIDENTIAL PARENT OR SHARED
PARENTING ORDER rev 9/1/01
CHILD
SUPPORT COMPUTATION WORKSHEET
SPLIT PARENTAL RIGHTS AND RESPONSIBILITIES rev
3/1/01
Support orders
(A) Completed child support worksheets, as prescribed by R.C. 3119.022 and 3119.023,
shall be presented to the Court at or prior to hearing on a motion or complaint
for child support. If the parties are unable to agree on the proper completion
of the worksheets, each shall present a proposed worksheet prior to the hearing.
Proposed agreed entries for child support shall be accompanied by completed
support worksheets and all appropriate orders required by Ohio Revised Code
Section 3121.03. If the child support provided in the agreement deviates from
the child support guidelines, the proposed judgment entry shall contain findings
of fact sufficient to substantiate the deviation. General recitals that the
deviation is fair or equitable, or words of similar import shall not be sufficient
to substantiate the deviation. This Court has promulgated forms to meet the
other requirements of Section 3121.03. Complainants and/or movants for child
support orders shall submit completed withholding notices as required by Section
3121.03 prior to adjournment of a hearing wherein an order for support is entered.
(B) A motion requesting modification of an existing child support order shall
state with particularity the grounds therefor, and shall be supported by a memorandum
or the affidavit of the moving party. If the responding party files a memorandum
contra or affidavit, it shall be served on the opposing party or his counsel
not less than fourteen days prior to hearing.
(C) All persons required to pay child support pursuant to a decree or order of the Juvenile Court shall make those payments, plus processing charge through Ohio Child Support Payment Central, P.O. Box 182372, Columbus, Ohio 43218-2373.
(D) All orders which contain an order of support for children, or an order of support for children and a spouse, shall contain the following notice which shall be in boldface type and in all capital letters:
EACH PARTY TO THIS SUPPORT ORDER MUST NOTIFY THE CHILD SUPPORT ENFORCEMENT AGENCY IN WRITING OF HIS OR HER CURRENT MAILING ADDRESS, CURRENT RESIDENCE ADDRESS, CURRENT RESIDENCE TELEPHONE NUMBER, CURRENT DRIVER'S LICENSE NUMBER, AND OF ANY CHANGES IN THAT INFORMATION. EACH PARTY MUST NOTIFY THE AGENCY OF ALL CHANGES UNTIL FURTHER NOTICE FROM THE COURT OR AGENCY, WHICHEVER ISSUED THE SUPPORT ORDER. IF YOU ARE THE OBLIGOR UNDER A CHILD SUPPORT ORDER AND YOU FAIL TO MAKE THE REQUIRED NOTIFICATIONS, YOU MAY BE FINED UP TO $50 FOR A FIRST OFFENSE, $100 FOR A SECOND OFFENSE, AND $500 FOR EACH SUBSEQUENT OFFENSE. IF YOU ARE AN OBLIGOR OR OBLIGEE UNDER ANY SUPPORT ORDER ISSUED BY A COURT AND YOU WILLFULLY FAIL TO GIVE THE REQUIRED NOTICES, YOU MAY BE FOUND IN CONTEMPT OF COURT AND BE SUBJECTED TO FINES UP TO $1000 AND IMPRISONMENT FOR NOT MORE THAN 90 DAYS.
IF YOU ARE AN OBLIGOR AND YOU FAIL TO GIVE THE REQUIRED NOTICES, YOU MAY NOT RECEIVE NOTICE OF THE FOLLOWING ENFORCEMENT ACTIONS AGAINST YOU: IMPOSITION OF LIENS AGAINST YOUR PROPERTY; LOSS OF YOUR PROFESSIONAL OR OCCUPATIONAL LICENSE, DRIVER'S LICENSE, OR RECREATIONAL LICENSE; WITHHOLDING FROM YOUR INCOME; ACCESS RESTRICTION AND DEDUCTION FROM YOUR ACCOUNTS IN FINANCIAL INSTITUTIONS; AND ANY OTHER ACTION PERMITTED BY LAW TO OBTAIN MONEY FROM YOU TO SATISFY YOUR SUPPORT OBLIGATION.
(E) All orders for support
shall include the following provisions:
The residential parent or the person who otherwise has custody of a child for
whom a support order is issued is also ordered to immediately notify, and the
obligor under a support order may notify, the Franklin County Child Support
Enforcement Agency of any reason for which the support order should terminate,
including but not limited to, the child's attainment of the age of majority
if the child no longer attends an accredited high school on a full-time basis
and the child support order requires support to continue past the age of majority
only if the child continuously attends such a high school after attaining that
age; the child ceasing to attend an accredited high school on a full-time basis
after attaining the age of majority, if the child support order requires support
to continue past the age of majority only if the child continuously attends
such a high school after attaining that age; or the death, marriage, emancipation,
enlistment in the armed services, deportation, or change of legal custody of
the child.
All support under this order shall be withheld or deducted from the income or assets of the obligor pursuant to a withholding or deduction notice or appropriate order issued in accordance with chapters 3119., 3121., 3123., and 3125. of the Revised Code or a withdrawal directive issued pursuant to sections 3123.24 to 3123.38 of the Revised Code and shall be forwarded to the obligee in accordance with chapters 3119., 3121., 3123., and 3125. of the Revised Code.
Regardless of the frequency or amount of support payments to be made under the order, the Franklin County Child Support Enforcement Agency shall administer it on a monthly basis in accordance with sections 3121.51 to 3121.54 of the Revised Code.
Payments under the order are to be made in a manner ordered by the court or agency, and if the payments are to be made other than on a monthly basis, the required monthly administration by the agency does not affect the frequency or the amount of the support payments to be made under the order.
All such decrees and orders shall also contain language requiring that notices required by this rule to be sent to the Child Support Enforcement Agency, 80 East Fulton, Columbus, Ohio 43215. Attn: Notice Officer.
(F) All orders which contain an order for support of a spouse that is to be paid directly to the recipient spouse shall contain the following language: Spousal support shall be paid directly to the recipient spouse and shall be made by check, money order, or in another form that establishes a clear record of payment.
(G) All matters pertaining to the establishment or modification of an order for support shall be prosecuted and assigned for hearing in accordance with the guidelines set forth in Section 3125.58.
(H) In any complaint for custody, support, paternity, or motion for modification of support or motion for health insurance coverage, the pleading and any responsive pleadings shall be accompanied by a completed Child Support Enforcement Agency Health Insurance Disclosure Affidavit on a form prescribed by the Court.
(I) Whenever a support order is issued or modified the obligee shall complete and file with the Court, prior to the adjournment of the hearing, an Application for IV-D Services.
(J) Whenever a support order is issued or modified a copy of the entry shall be provided by counsel to the Clerk of Courts Office at the time of filing to be forwarded to the Franklin County Child Support Enforcement Agency.
(Amended effective 7/1/93,
6/16/94, 7/1/95; 2/9/98; 1/1/00; 10/1/04)
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