2006 Ohio Revised Code - [3121.37.3] 3121.373.Hearing on whether employer willfully failed to withhold support.

[§ 3121.37.3] § 3121.373. Hearing on whether employer willfully failed to withhold support.
 

(A)  As used in this section, "willfully" means voluntarily and intentionally with a specific intent to take an action or fail to take an action. 

(B)  When a child support enforcement agency seeks an order for contempt pursuant to section 3121.371 [3121.37.1] of the Revised Code against a payor that is an employer, the court may, on motion of the agency or on the court's own motion, hold a hearing to determine whether the payor has done either of the following: 

(1) Willfully failed to comply with a withholding notice issued pursuant to section 3121.03 of the Revised Code; 

(2) Failed three times within twelve consecutive months to comply with a withholding notice issued pursuant to section 3121.03 of the Revised Code. 

(C)  Not later than fourteen days before holding a hearing under division (B) of this section, the court shall serve notice on the payor that complies with court rules regarding service of summonses. The notice must contain all of the following: 

(1) The date, time, and location of the hearing; 

(2) A statement that if the court determines the payor has committed acts or omissions described in division (B) of this section, the court may order either or both of the penalties set forth in section 3121.382 [3121.38.2] of the Revised Code. 
 

HISTORY: 150 v H 493, § 1, eff. 5-18-05.