Except as otherwise provided in section 3119.772 of the Revised Code:
(A) If the obligor or obligee does not request a court hearing on the revised child support amount determined by the child support enforcement agency and filed with the court pursuant to section 3119.63 of the Revised Code and the court modifies the order to include the revised amount pursuant to section 3119.65 of the Revised Code, the modification shall relate back to the first day of the month following the date certain on which the review of the court child support order began pursuant to division (A) of section 3119.60 of the Revised Code.
(B) If the obligor or obligee requests a court hearing on the revised child support amount and the court, after conducting a hearing, modifies the court child support amount under the order, the modification shall relate back to the first day of the month following the date on which the review of the court child support order began pursuant to division (A) of section 3119.60 of the Revised Code.
Notes of Decisions
Cited in 9
cases (1 in the last 5 years), 2008–2021 · leading case: Carpenter v. Carpenter, 2010-Ohio-6601.
Carpenter v. Carpenter, 2010-Ohio-6601. · cites it 6ד08CA009425, 08CA009492, 2009-Ohio-2187, at ¶11 (applying R.C. 3119.71 to conclude the effective date of a modified child support order was the first day of the month following the date CSEA's formal review began).”
Phelps v. Saffian, 2016-Ohio-5514. “{¶11} Although the usual rule is that the courts prefer the finality of judgments, child support cases are an exception to the rule of finality: R.C. 3119.71 gives the court continuing jurisdiction to modify a child support order.”
J.E.M. v. D.N.M., 2021-Ohio-67. ““R.C. 3119.71 gives the court continuing jurisdiction to modify a child support order.”
Willier v. Willier, 889 N.E.2d 575 (Ohio Ct. App. 3d Dist. 2008). · cites it 2דThe effective date of a modified order of support is governed by R.C. 3119.71, which provides as follows: Except as otherwise provided in section 3119.”
In re J.S., 2012-Ohio-421. · cites it 2דUnder R.C. § 3119.71(B), “[I]f the obligor or obligee requests a court hearing on the revised child support amount and the court, after conducting a hearing, modifies the court child support amount under the order, the modifications shall relate back to the first day of the…”
Behnken v. Behnken, 2020-Ohio-389. “The court’s choice of date is consistent with R.C. 3119.71(B), which provides that “[i]f the obligor or obligee requests a court hearing on the revised child support amount and the court, after conducting a hearing, modifies the court child support amount under the order, the…”
K.S. v. K.B., 2017-Ohio-7103. “See R.C. 3119.71(B). This is to avoid an inequitable result caused by the usual time delay between the filing of the motion and the trial court’s disposition.”
Hubbard v. Hubbard, 2019-Ohio-3065. “The trial court held that date was appropriate under R.C. 3119.71(B). No. 18AP-776 3 (8) The magistrate erred in not finding the daughter was disabled so David would have to pay child support until daughter passes away.”
Sober v. Montgomery, 2011-Ohio-3218. · cites it 4דThe effective date of a modification which arose from an administrative review is governed by R.C. 3119.71. R.C. 3119.71(B) states as follows: “(B) If the obligor or obligee requests a court hearing on the revised child support amount and the court, after conducting a hearing,…”
Ohio Rev. Code § 3119.71(B): 6 cases
Carpenter v. Carpenter, 2010-Ohio-6601. “08CA009425, 08CA009492, 2009-Ohio-2187, at ¶11 (applying R.C. 3119.71 to conclude the effective date of a modified child support order was the first day of the month following the date CSEA's formal review began).”
In re J.S., 2012-Ohio-421. “Under R.C. § 3119.71(B), “[I]f the obligor or obligee requests a court hearing on the revised child support amount and the court, after conducting a hearing, modifies the court child support amount under the order, the modifications shall relate back to the first day of the…”
Behnken v. Behnken, 2020-Ohio-389. “The court’s choice of date is consistent with R.C. 3119.71(B), which provides that “[i]f the obligor or obligee requests a court hearing on the revised child support amount and the court, after conducting a hearing, modifies the court child support amount under the order, the…”
K.S. v. K.B., 2017-Ohio-7103. “See R.C. 3119.71(B). This is to avoid an inequitable result caused by the usual time delay between the filing of the motion and the trial court’s disposition.”
Hubbard v. Hubbard, 2019-Ohio-3065. “The trial court held that date was appropriate under R.C. 3119.71(B). No. 18AP-776 3 (8) The magistrate erred in not finding the daughter was disabled so David would have to pay child support until daughter passes away.”
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