Ohio Code 3115.710 – Foreign support agreement
(A) Except as otherwise provided in divisions (C) and (D) of this section, a court of this state shall recognize and enforce a foreign support agreement registered in this state.
Terms Used In Ohio Code 3115.710
- 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
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Foreign country: means a country, including a political subdivision of the country, other than the United States, that authorizes the issuance of support orders to which at least one of the following applies:
(1) It has been declared under the law of the United States to be a foreign reciprocating country;
(2) It has established a reciprocal arrangement for child support with this state as provided in section 3115. See Ohio Code 3115.102
- Fraud: Intentional deception resulting in injury to another.
- Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Ohio Code 3115.102
- State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession under the jurisdiction of the United States. See Ohio Code 3115.102
- Support order: means a judgment, decree, order, decision, or directive, whether temporary, final, or subject to modification, issued in a state or foreign country for the benefit of a child, a spouse, or a former spouse, which provides for monetary support, health care, arrearages, retroactive support, or reimbursement for financial assistance provided to an individual obligee in place of child support. See Ohio Code 3115.102
- Tribunal: means a court, administrative agency, or quasi-judicial entity authorized to establish, enforce, or modify support orders or to determine parentage of a child. See Ohio Code 3115.102
(B) An application or direct request for recognition and enforcement of a foreign support agreement must be accompanied by both of the following:
(1) A complete text of the foreign support agreement;
(2) A record stating that the foreign support agreement is enforceable as an order of support in the issuing country.
(C) A court of this state may vacate the registration of a foreign support agreement only if, acting on its own motion, the court finds that recognition and enforcement would be manifestly incompatible with public policy.
(D) In a contest of a foreign support agreement, a court of this state may refuse recognition and enforcement of the agreement if it finds any of the following:
(1) Recognition and enforcement of the agreement is manifestly incompatible with public policy.
(2) The agreement was obtained by fraud or falsification.
(3) The agreement is incompatible with a support order involving the same parties and having the same purpose in this state, another state, or a foreign country if the support order is entitled to recognition and enforcement under this chapter in this state.
(4) The record submitted under division (B) of this section lacks authenticity or integrity.
(E) A proceeding for recognition and enforcement of a foreign support agreement must be suspended during the pendency of a challenge to or appeal of the agreement before a tribunal of another state or a foreign country.