An obligor who receives a default notice under section 3123.03 of the Revised Code may file a written request for an administrative hearing with the child support enforcement agency that identified the default regarding whether a mistake of fact was made in the notice. The request must be filed not later than fourteen days after the date on which the default notice is issued.

Terms Used In Ohio Code 3123.04

  • Child: includes child by adoption. See Ohio Code 1.59
  • Default notice: means the notice required by section 3123. See Ohio Code 3123.01
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.

If the obligor makes a timely request for a hearing, the agency shall conduct an administrative hearing no later than ten days after the date on which the obligor files the request for the hearing. No later than five days before the date on which the hearing is to be conducted, the agency shall send the obligor and the obligee written notice of the date, time, place, and purpose of the hearing. The notice to the obligor and obligee also shall indicate that the obligor may present testimony and evidence at the hearing only in regard to the issue of whether a mistake of fact was made in the default notice.

At the hearing, the agency shall determine whether a mistake of fact was made in the default notice. The agency shall send its determinations to the obligor. The agency’s determinations are final and are enforceable by the court unless, within fourteen days after the agency issues its determinations, the obligor files a written motion with the court for a court hearing to determine whether a mistake of fact still exists in the default notice.

If an agency’s determination becomes final and enforceable under this section, the agency shall take further action as required under section 3123.06 of the Revised Code.