Ohio Code 3119.06 – Minimum child support order
(A) Except as otherwise provided in this section, in any action in which a court or a child support enforcement agency issues or modifies a child support order or in any other proceeding in which a court or agency determines the amount of child support to be paid pursuant to a child support order, the court or agency shall issue a minimum child support order requiring the obligor to pay a minimum of eighty dollars a month for all the children subject to that order. The court or agency, in its discretion and in appropriate circumstances, may issue a minimum child support order of less than eighty dollars a month or issue an order not requiring the obligor to pay any child support amount. The circumstances under which a court or agency may issue such an order include the nonresidential parent’s medically verified or documented physical or mental disability or institutionalization in a facility for persons with a mental illness or any other circumstances considered appropriate by the court or agency.
Terms Used In Ohio Code 3119.06
- Child: includes child by adoption. See Ohio Code 1.59
- child support enforcement agency: means a child support enforcement agency designated under former section 2301. See Ohio Code 3119.01
- Child support order: means either a court child support order or an administrative child support order. See Ohio Code 3119.01
- Income: means either of the following:
(a) For a parent who is employed to full capacity, the gross income of the parent;
(b) For a parent who is unemployed or underemployed, the sum of the gross income of the parent and any potential income of the parent. See Ohio Code 3119.01
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Obligee: means the person who is entitled to receive the support payments under a support order. See Ohio Code 3119.01
- Obligor: means the person who is required to pay support under a support order. See Ohio Code 3119.01
- Support order: means either an administrative child support order or a court support order. See Ohio Code 3119.01
If a court or agency issues a minimum child support obligation pursuant to this section and the obligor under the support order is the recipient of means-tested public assistance, as described in division (C)(12)(a) of section 3119.01 of the Revised Code, any unpaid amounts of support due under the support order shall accrue as arrearages from month to month, and the obligor’s current obligation to pay the support due under the support order is suspended during any period of time that the obligor is receiving means-tested public assistance and is complying with any seek work orders issued pursuant to section 3121.03 of the Revised Code. The court, obligee, and child support enforcement agency shall not enforce the obligation of the obligor to pay the amount of support due under the support order while the obligor is receiving means-tested public assistance and is complying with any seek work orders issued pursuant to section 3121.03 of the Revised Code.
(B) As used in this section, “means-tested public assistance” includes cash assistance payments under the Ohio works first program established under Chapter 5107 of the Revised Code, financial assistance under the disability financial assistance program established under Chapter 5115 of the Revised Code, supplemental security income, or means-tested veterans’ benefits.
The Legislative Service Commission presents the text of this section as a composite of the section as amended by multiple acts of the General Assembly. This presentation recognizes the principle stated in R.C. 1.52(B) that amendments are to be harmonized if reasonably capable of simultaneous operation.