Entry Ordering Registration Of Foreign Support Order Form. This is a Ohio form and can be use in Montgomery County (Court Of Common Pleas).
Tags: Entry Ordering Registration Of Foreign Support Order, Ohio County (Court Of Common Pleas), Montgomery
IN THE COMMON PLEAS COURT OF MONTGOMERY COUNTY, OHIO DIVISION OF DOMESTIC RELATIONSCase No. 99-FS-JUDGE LOWMAN/BRIGNER:Petitioner/Obligee::v.:Respondent/ObligorENTRY ORDERING REGISTRATION OF FOREIGN SUPPORT ORDER:----------------------------------------------This matter is before the court upon a petition to register a foreign support order for purposes of enforcement and/or modification, pursuant to O.R.C. 3115.39 et seq. and Mont. D.R. Rule 4. 58. Proceedings brought under these provisions do not permit the enforcement or modification of parenting issues or property division issues. [DOCUMENTS REQUIRED FOR FILING] Petitioner shall also file with the petition and this entry all of the following documents, which are required by O.R.C. 3115.39(A) and Mont. D.R. Rules 4.13 and 4.58: (1) two copies, including one certified copy, of all orders to be registered, including any modification of an order; (2)a sworn statement by the party seeking registration or a certified statement by the custodian of the records showing the amount of any arrearage; (3)the name of the obligor and, if known, the obligor=s address and social security number, the name and address of the obligor=s employer and any other source of income, a description and location of property of the obligor in this state not exempt from execution; (4)the name and address of the obligee, and, if applicable, the agency or person to whom support payments are to be remitted; 5)a motion seeking relief in the form of enforcement or modification of child support and related matters; no other type of relief or enforcement is available under the statute;12001 © American LegalNet, Inc.(6)a notice of a magistrate=s hearing, scheduled at least 45 days hence;(7)instructions for service per Civil Rules 4 through 4.6;(8)a signed Title IV-D application for services;(9)an Affidavit of Income, Expenses and Financial Disclosure;(10)an Information For Parenting Proceeding Affidavit (R.C. 3109.27).[JURISDICTION OVER SUBJECT MATTER AND PARTIES] The petition on its face demonstrates that this court may exercise jurisdiction, as neither party now lives in the state which issued the foreign support order sought to be registered, and the petitioner/obligee and the minor child[ren] now reside in Montgomery County, Ohio. [ORDER FOR REGISTRATION OF FOREIGN SUPPORT ORDER] Therefore, pursuant to O.R.C. 3115.39(B), it is hereby ordered that the Clerk of Courts register and file the certified foreign support order submitted with petitioner=s petition provided that all of the documents set forth above are also submitted for filing. [NOTICE TO THE CLERK OF COURTS RE COSTS AND DUTIES] Pursuant to O.R.C. 3115.24(A), the Clerk of Courts shall not charge the petitioner/obligee a filing fee for registration of the foreign decree. The clerk may charge the normal cost deposit for petitioner=s requested motion hearing and service of process. The court retains jurisdiction to assess court costs of this action against either party upon further proceedings in this matter. Pursuant to O.R.C. 3115.42(A), the Clerk of Courts shall immediately upon registration send by certified mail to the obligor at the address given a notice of the registration with a copy of the registered support order and the post office address of the obligee. The clerk shall also assign an AFS@ number to this case, randomly assign the case to a judge of this court, docket the case, and inform, by way of this Entry, the non-registering party of: (1)that a registered order that is confirmed pursuant to O.R.C. Sections 115.43 and 3115.44 is enforceable as of the date of registration in the same manner as an order issued by a tribunal of this state; (2)that a hearing to contest the validity or enforcement of the registered order must be requested pursuant to O.R.C. 3115.43 no later than twenty (20) days after the mailing or personal service of this notice; (3)that failure to contest the validity or enforcement of the registered order in a timely manner will result in confirmation of the order and enforcement of the order and the alleged arrearages and precludes further contest of that order with respect to any matter that could have been asserted; (4)the amount of any alleged arrearages under the support order.[NOTICE TO RESPONDENT OF DEADLINE TO OBJECT TO THIS REGISTRATION] You have twenty (20) days from the mailing of this notice to file a22001 © American LegalNet, Inc.written motion with the clerk of this court to contest the validity of this registration, or for other relief. O.R.C. 3115.43(A) If you do not so petition, the registered support order is confirmed by law. You may also file a written response to petitioner====s motion to contest any support enforcement or modification.[ORDER OF REFERENCE AND NOTICE OF HEARING] If a petition to vacate the registration is filed by respondent, that matter is referred to the same magistrate assigned to hear petitioner=s motion for relief, and shall be heard at the same time set for that motion, and prior to petitioner=s motion for relief. IT IS SO ORDERED.JUDGE32001 © American LegalNet, Inc.