3121.382 Issuing order upon finding of wilful failure to comply with withholding notice. - Ohio Statutes

3121.382 Issuing order upon finding of wilful failure to comply with withholding notice.

(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) If, after a hearing conducted pursuant to section 3121.373 of the Revised Code, the court determines that a payor that is an employer has willfully failed to comply with a withholding notice issued pursuant to section 3121.03 of the Revised Code, or has failed three times within twelve consecutive months to comply with a withholding notice, the court may issue an order requiring one or both of the following:

(1) The payment of support by electronic transfer of funds from the bank account of the payor;

(2) A civil penalty, in addition to any other penalty permitted by law, of up to fifty per cent of the amount not withheld from the obligor’s income or not timely forwarded to the office of child support in accordance with the withholding notice.

Effective Date: 05-18-2005