Ohio § 3121.07

§ 3121.07.

(A) If a child support enforcement agency discovers pursuant to an investigation conducted

under section 3123.02 of the Revised Code that an obligor under a child support order that it is administering may be receiving

unemployment compensation benefits or if a child support enforcement agency receives

notice or otherwise discovers that an obligor under a child support order may be receiving

unemployment compensation benefits, the agency promptly shall conduct an investigation

to determine whether the obligor is receiving unemployment compensation benefits and

to determine the amount of the benefits.  The investigation shall be completed within ten days of the agency's discovery or

receipt of the notice. (B)(1) Upon completion of an investigation conducted under division (A) of this section,

if the agency finds that the obligor is receiving unemployment compensation benefits,

it shall, in accordance with Chapter 3121. of the Revised Code and section 4141.284 of the Revised Code and federal law governing the department of job and family services, notify the department

of job and family services to withhold or deduct an amount from the unemployment compensation

benefits to pay child support obligations.  Any deduction from a source in accordance with this section and section 4141.284 of the Revised Code is in addition to, and does not preclude, any withholding or deduction for purposes

of child support under Chapters 3119., 3121., and 3123. of the Revised Code. The agency may not impose the processing charge pursuant to section 3119.27 of the Revised Code with respect to amounts withheld or deducted from unemployment compensation pursuant

to this section. (2)(a) The department of job and family services, in accordance with section 4141.284 of the Revised Code , shall deduct and withhold from unemployment compensation payable to the obligor,

and pay to the appropriate child support enforcement entity, whichever of the following

is applicable: (i) Any amount required to be deducted and withheld from the unemployment compensation

pursuant to legal process, as that term is defined in Title IV-D of the “Social Security

Act,” 88 Stat. 2351 (1975), 42 U.S.C. 651 et seq., as amended, and properly served on the director of job and family services, as described

in section 4141.282 of the Revised Code ; (ii) When division (B)(2)(a)(i) of this section is inapplicable, an amount determined

pursuant to an agreement submitted to the director under Title IV-D of the “Social

Security Act,” 88 Stat. 2351, 42 U.S.C. 651 et seq., as amended, by the state or local child support enforcement agency; (iii) If neither division (B)(2)(a)(i) nor (ii) of this section is applicable, then the

amount specified by the individual. (b) The amount of unemployment compensation subject to being withheld pursuant to division

(B)(2)(a) of this section is that amount that remains payable to the individual after

application of any recoupment provisions for recovery of overpayments and after deductions

that have been made under Chapter 4141. of the Revised Code for deductible income

received by the individual.  Effective for applications to establish unemployment compensation benefit rights

filed after December 27, 1997, the amount withheld with respect to a week of unemployment

benefits shall not exceed fifty per cent of the individual's weekly benefit amount

as determined by the director. (c) Any deduction and withholding pursuant to division (B) of this section from unemployment

compensation payable to an obligor is subject to, and shall be in accordance with, section 4141.284 of the Revised Code . (C) The director shall adopt rules in accordance with Chapter 119. of the Revised Code

to implement this section, which rules shall be consistent with section 4141.284 of the Revised Code and federal law governing the department.