Ohio Code 3119.77 – Review of child support order for person called to active military service
(A) As used in this section and sections 3119.771, 3119.772, and 3119.773 of the Revised Code:
Terms Used In Ohio Code 3119.77
- Another: when used to designate the owner of property which is the subject of an offense, includes not only natural persons but also every other owner of property. See Ohio Code 1.02
- 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
- Obligor: means the person who is required to pay support under a support order. See Ohio Code 3119.01
- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
- United States: includes all the states. See Ohio Code 1.59
(1) “Active military service” means the performance of active military duty by a member of the uniformed services for a period of more than thirty days.
(2) “Uniformed services” means any reserve components of the armed forces of the United States or the Ohio organized militia when engaged in full-time national guard duty for a period of more than thirty days.
(B) An obligor who is called to active military service in the uniformed services may request a review of a child support order for the purpose of modification of the amount of support required under the order. The request must be submitted to the child support enforcement agency administering the order.
(C) An obligor who makes a request under division (B) of this section must indicate that the reason for the modification is the obligor’s active military service and provide with the request any orders or other appropriate documentation specifying the commencement date of the obligor’s active military service and the monthly monetary compensation for that service. The obligor also shall submit documentation on all other outside income.
(D) The obligor may provide the child support enforcement agency with a military power of attorney executed pursuant to 10 U.S.C. § 1044b designating another individual to act in the administrative review and modification on behalf of the obligor. By designating another individual to so act on behalf of the obligor, the obligor waives any right of an appearance and any right to request a stay of the action or proceeding.