DOMESTIC

NOTICE

The Judges of the Franklin County Court of Common Pleas, Division of Domestic Relations and Juvenile Branch, will consider adopting Local Juvenile Court Rule 33 and Local Domestic Court Rule 37, and amendments to Local Juvenile Court Rules 4 and 10 and Local Domestic Rule 18 at their meeting on December 15, 2008. Comments may be submitted by 10:00 a.m. on December 15, 2008, to Don Martin, Assistant Court Director, 373 South High Street, Third Floor, Columbus, Ohio 43215, or by e-mail at Don_Martin@Fccourts.org.

DOMESTIC RULE 37 & JUVENILE RULE 33

Child Support, Cash Medical Support and Health Insurance

(A) In all cases involving the establishment or modification of an order for support of minor children, the order shall include provisions for all of the following:

(1) Which parent or party has accessible private health insurance available for the minor child(ren) at a reasonable cost, if any.

(2) For any period of time that private health insurance is in effect, the amount of monthly child support to be paid by the obligor and the allocation of uninsured extraordinary health care expenses.

(3) For any period of time that private health insurance is not in effect, the amount of monthly child support to be paid by the obligor, the amount of cash medical support to be paid by the obligor, and the allocation of uninsured extraordinary health care expenses in excess of amount paid for cash medical support.

(4) The effective date of the order.

(B) In the event the order includes a deviation from the child support guidelines and/or cash medical support, either by court order or by agreement of the parties, there shall be separate Findings of Fact and Conclusions of Law stating the following:

(1) The amount of child support and cash medical support calculated pursuant to the applicable child support worksheet;

(2) The specific reasons or circumstances justifying the deviation;

(3) A finding that the amount of child support and/or cash medical support calculated pursuant to the guideline worksheet is unjust or inappropriate and not in the best interests of the child(ren), or, in the case of shared parenting, is also not in the best interest of one or both the parents;

(4) The amount of child support and/or cash medical support, if any, to be paid by the obligor to the obligee.

(C) No support order may contain a deviation, waiver, agreement or other provision for the either party not to pay cash medical support during any period of time that cash medical support would be payable to the Office of Child Support because any child subject to the order is a Medicaid recipient unless the Ohio Department of Job and Family Services is joined as party to the action and expressly agrees to such a provision.

(D) Suggested Provisions

The following language will be applicable in most cases. It should be used as a template and may be modified to suit the circumstances of the particular case.

(I) Health Care

( ) Mother ( ) Father ( ) Both Parents ( ) Neither Parent ( ) Legal Custodian ( ) Other: (check applicable person) has/have accessible private health insurance available to him/her/them at a reasonable cost.

( ) Mother ( ) Father ( ) Both Parents ( ) Neither Parent ( ) Legal Custodian ( ) Other: (check applicable person) shall provide private health insurance for the benefit of the child(ren) for so long as the duty of support is in effect or until further order of the court.

(II) Monthly Child Support/Cash Medical Support

The effective date of the support order is:

During any time on or after the effective date of this order that private health insurance is in effect, the following orders shall apply:

1. ______ shall pay child support of $___ , per month, per child, for a total of $___ per month, plus processing charge, pursuant to the child support worksheet.

2. _____ shall pay ___ % and _____ shall pay ___ % of all extraordinary medical and other health care expenses for the child(ren), which are defined as uncovered medical and other health care expenses exceeding $100.00 per child per calendar year.

During any time on or after the effective date of this order that private health insurance is not in effect, the following orders shall apply:

1. _____ shall pay child support of $___ per month, per child, for a total of $___, per month, plus processing charge, and $___ per month, per child, for a total of $___ per month, in cash medical support, plus processing charge, pursuant to the child support worksheet.

2. _____ shall pay ___ % and _____ shall pay ___ % of all extraordinary medical and other health care expenses for the child(ren), which are defined as all medical and other health care expenses exceeding the amount paid by the obligor for cash medical support per calendar year.

(III) Deviations – Findings of Fact and Conclusions of Law

Pursuant to the child support guidelines, _____ would have an obligation to pay child support of $___ per month, per child, for a total of $___ per month, and, if private health insurance were not in effect, cash medical support of $___ per month, per child, for a total of $ ___ per month.

However, the parties agree and the court so finds that the guideline amount of child support is unjust or inappropriate and not in the best interest of the child or, in the case of shared parenting, is also not in the best interest of the parties, for the following reasons:

Therefore, (Check applicable provision)

( ) neither party shall pay child support to the other until further order of the court.

( ) _____ shall pay child support of $___ per month, per child, for a total of $___ per month, plus processing charge.

The parties further agree and the court so finds that in the event that cash medical support becomes payable to the obligee under the child support guidelines, as determined by the court or the Child Support Enforcement Agency, the guideline amount of cash medical support shall not be paid, but cash medical support shall be ordered as follows:

( ) not be paid to the obligee for the following reasons:

( ) be paid to the obligee in the amount of $___ per month, per child, for a total of $___ per month, plus processing charge, for the following reasons:

In the event that cash medical support is payable to the Office of Child Support pursuant to R.C. 3119.30(D), _____ shall pay cash medical support of $___ per month, per child, for a total of $___ per month, plus processing charge.

Effective 1/1/09

DOMESTIC RULE 18. Required language

(A) All Divorce Decrees, Dissolution Decrees, Legal Separation Decrees and any other order which contains an order of support for children or an order for support of the children and a spouse shall contain the following notice which shall be in boldfaced 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.

(B) All orders for support shall include the following provisions:

Pursuant to R.C.3119.30(A), the obligor and obligee are liable for the health care of the children who are not covered by private health insurance or cash medical support as calculated in accordance with section 3119.022 or 3119.023 of the Revised Code, as applicable.

If the obligor is ordered to pay cash medical support under this support order, the obligor shall begin payment of any cash medical support on the first day of the month immediately following the month in which private health insurance coverage is unavailable or terminates and shall cease payment on the last day of the month immediately preceding the month in which private health insurance coverage begins or resumes. During the period when cash medical support is required to be paid, the obligor or obligee must immediately inform the child support enforcement agency that health insurance coverage for the children has become available.

The amount of cash medical support paid by the obligor shall be paid during any period after the court or child support enforcement agency issues or modifies the order in which the children are not covered by private health insurance.

Any cash medical support paid pursuant to R.C. 3119.30 (C) shall be paid by the obligor to either the obligee if the children are not Medicaid recipients, or to the office of child support to defray the cost of Medicaid expenditures if the children are Medicaid recipients. The child support enforcement agency administering the court or administrative order shall amend the amount of monthly child support obligation to reflect the amount paid when private health insurance is not provided, as calculated in the current order pursuant to section 3119.022 or 3119.023 of the Revised Code, as applicable.

The child support enforcement agency shall give the obligor notice in accordance with Chapter 3121. of the Revised Code and provide the obligor an opportunity to be heard if the obligor believes there is a mistake of fact regarding the availability of private health insurance at a reasonable cost as determined under division (B) of this section.

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 the notices required by this rule to be sent to the Franklin County Child Support Enforcement Agency, 80 East Fulton, Columbus, Ohio 43215.

(C) All Divorce Decrees, Dissolution Decrees, Legal Separation Decrees and any other order which contains 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.

(D) All Divorce Decrees, Dissolution Decrees, Legal Separation Decrees, Shared Parenting Decrees, and any other order allocating parental rights shall include the following notices:

RELOCATION NOTICE: Pursuant to Ohio Revised Code Section 3109.051(G), the parties hereto are hereby notified as follows:

IF THE RESIDENTIAL PARENT INTENDS TO MOVE TO A RESIDENCE OTHER THAN THE RESIDENCE SPECIFIED IN THE PARENTING TIME ORDER OR DECREE OF THE COURT, THE RESIDENTIAL PARENT SHALL FILE A NOTICE OF INTENT TO RELOCATE WITH THIS COURT, ADDRESSED TO THE ATTENTION OF THE RELOCATION OFFICER. UNLESS OTHERWISE ORDERED PURSUANT TO O.R.C. SECTIONS 3109.051(G)(2), (3), AND (4), A COPY OF SUCH NOTICE SHALL BE MAILED BY THE COURT TO THE PARENT WHO IS NOT THE RESIDENTIAL PARENT. UPON RECEIPT OF THE NOTICE, THE COURT, ON ITS OWN MOTION OR THE MOTION OF EITHER PARTY, MAY SCHEDULE A HEARING WITH NOTICE TO BOTH PARTIES TO DETERMINE WHETHER IT IS IN THE BEST INTEREST OF THE CHILD TO REVISE THE PARENTING TIME SCHEDULE.

RECORDS ACCESS NOTICE: Pursuant to Ohio Revised Code Sections 3109.051(H) and 3319.321(B)(5)(a) the parties hereto are hereby notified as follows:

EXCEPTING AS SPECIFICALLY MODIFIED OR OTHERWISE LIMITED BY COURT ORDER, AND SUBJECT TO O.R.C. SECTIONS 3125.16 AND 3319.321(F), THE PARENT WHO IS NOT THE RESIDENTIAL PARENT, IS ENTITLED TO ACCESS TO ANY RECORD THAT IS RELATED TO THE CHILD, UNDER THE SAME TERMS AND CONDITIONS AS THE RESIDENTIAL PARENT, AND TO WHICH SAID RESIDENTIAL PARENT IS LEGALLY PROVIDED ACCESS. ANY KEEPER OF A RECORD WHO KNOWINGLY FAILS TO COMPLY WITH THIS ORDER IS IN CONTEMPT OF COURT.

DAY CARE CENTER ACCESS NOTICE: Pursuant to Ohio Revised Code Section 3109.051(I), the parties hereto are hereby notified as follows:

EXCEPTING AS SPECIFICALLY MODIFIED OR OTHERWISE LIMITED BY COURT ORDER, AND IN ACCORDANCE WITH O.R.C. SECTION 5104.011, THE PARENT WHO IS NOT THE RESIDENTIAL PARENT, IS ENTITLED TO ACCESS TO ANY DAY CARE CENTER THAT IS OR WILL BE ATTENDED BY THE CHILD WITH WHOM PARENTING TIME IS GRANTED, TO THE SAME EXTENT THAT THE RESIDENTIAL PARENT, IS GRANTED ACCESS TO THE CENTER.

SCHOOL ACTIVITIES NOTICE: Pursuant to Ohio Revised Code Section 3109.051(J), the parties hereto are hereby notified as follows:

EXCEPTING AS SPECIFICALLY MODIFIED OR OTHERWISE LIMITED BY COURT ORDER, AND SUBJECT TO O.R.C. SECTION 3319.321(F), THE PARENT WHO IS NOT THE RESIDENTIAL PARENT, IS ENTITLED TO ACCESS, UNDER THE SAME TERMS AND CONDITIONS AS THE RESIDENTIAL PARENT, TO ANY STUDENT ACTIVITY THAT IS RELATED TO THE CHILD AND TO WHICH THE RESIDENTIAL PARENT OF THE CHILD LEGALLY IS PROVIDED ACCESS. ANY SCHOOL EMPLOYEE OR OFFICIAL WHO KNOWINGLY FAILS TO COMPLY WITH THIS ORDER IS IN CONTEMPT OF COURT.

This Court has promulgated forms to meet the requirements of the Ohio Revised Code and United States Code regarding entries and notices which must accompany any order for support. Complainants and/or movants for child support orders shall complete and submit proposed worksheets, child support orders, notices and instructions for service as required by Section 3121.03 prior to adjournment of the hearing wherein an order for support is entered.

(Effective 1/1/87; amended, eff 8/1/87; 3/1/88; 7/1/90; 7/1/93; 2/9/98; 7/1/99; 8/1/04; 1/1/09)

JUVENILE RULE 10. 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:

(E) All orders for support shall include the following provisions:

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; 1/1/09)