(A) When a court issues or modifies a court support order, the court shall determine the following:
(1) Whether the obligor is in default under a prior court support order or the court support order being modified;
(2) If the obligor is in default, the date the court support order went into default and the amount of support arrearages owed pursuant to the default.
If the court determines the obligor is in default under a support order, the court shall issue a new order requiring the obligor to pay support. If the court determines the default was willful, the court may assess interest on the arrearage amount from the date the court specifies as the date of default to the date the court issues the new order requiring the payment of support and, if interest is assessed, shall compute the interest at the rate specified in section 1343.03 of the Revised Code. The court shall specify in the support order the amount of interest the court assessed against the obligor, if any, and incorporate the amount of interest into the new monthly payment plan.
(B) When a court issues or modifies a court support order, the court may include in the support order a statement ordering either party to pay the costs of the action, including, but not limited to, attorney's fees, fees for genetic tests in contested actions under sections 3111.01 to 3111.18 of the Revised Code, and court costs.
Notes of Decisions
Cited in 10
cases (2 in the last 5 years), 2011–2026 · leading case: In re L.B.S., 2019-Ohio-3312.
In re L.B.S., 2019-Ohio-3312. · cites it 8דIn addition, Mother asserted that she was entitled to attorney fees pursuant to R.C. 3123.17(B). {¶9} After the transcript and exhibits were filed in the trial court, Mother and Father supplemented their arguments in support of their objections.”
Ash v. Dean, 2016-Ohio-5589. · cites it 11דWhile R.C. 3123.17(A) pertains to default, R.C.”
Pollard v. Elber, 2018-Ohio-4538, 123 N.E.3d 359. · cites it 2דThe applicable child support interest statute is now R.C. 3123.17. For child support orders that were entered or modified on or after July 1, 1992, R.”
Radford v. Radford, 2011-Ohio-6263. · cites it 2דother penalty or remedy imposed, shall assess all court costs arising out of the contempt proceeding against the person and require the person to pay any reasonable attorney’s fees of any adverse party, as determined by the court, that arose in relation to the act of contempt…”
Branden v. Branden, 2017-Ohio-7477. · cites it 2דThe court further found that Cari had failed to establish any legal basis for the interest sought, that no judgment of arrearages had ever been entered on which interest could accrue pursuant to R.C. 3123.17(A)(2), that postjudgment interest continued to accrue on the April 20,…”
Durisala v. Durisala, 2014-Ohio-5229. · cites it 2דon to any other penalty imposed, shall assess all court costs arising out of the contempt proceeding against the person and require the person to pay any reasonable attorney’s fees of any adverse party, as determined by the court, that arose in relation to the act of contempt,…”
Weisgarber v. Weisgarber, 2016-Ohio-676. “022, §3123.17. Effective January 22, 2015, the Mother Monica Carmen, the Obligor, shall pay to the Father Christopher Weisgarber, the Obligee, the sum of $285.”
Davis v. Honaker, 2014-Ohio-171. “However, father's argument overlooks R.C. 3123.17(B), which provides that when a court issues or modifies a child support order, the court may include in the support order a statement ordering either party to pay the costs of the action, including but not limited to, attorney…”
T.R.H. v. A.D.H., 2021-Ohio-3036. · cites it 2דother penalty or remedy imposed, shall assess all court costs arising out of the contempt proceeding against the person and require the person to pay any reasonable attorney’s fees of any adverse party, as determined by the court, that arose in relation to the act of contempt…”
Robinson v. Robinson, 2026-Ohio-2107. · cites it 2דA court may assess interest on a child support arrearage prior to judgment pursuant to section 3123.17 of the Revised Code. The court shall enter the amount due, including interest, in the journal.”
Ohio Rev. Code § 3123.17(A): 1 case
Ash v. Dean, 2016-Ohio-5589. “While R.C. 3123.17(A) pertains to default, R.C.”
Ohio Rev. Code § 3123.17(A)(2): 2 cases
Pollard v. Elber, 2018-Ohio-4538, 123 N.E.3d 359. “The applicable child support interest statute is now R.C. 3123.17. For child support orders that were entered or modified on or after July 1, 1992, R.”
Branden v. Branden, 2017-Ohio-7477. “The court further found that Cari had failed to establish any legal basis for the interest sought, that no judgment of arrearages had ever been entered on which interest could accrue pursuant to R.C. 3123.17(A)(2), that postjudgment interest continued to accrue on the April 20,…”
Ohio Rev. Code § 3123.17(B): 3 cases
In re L.B.S., 2019-Ohio-3312. “In addition, Mother asserted that she was entitled to attorney fees pursuant to R.C. 3123.17(B). {¶9} After the transcript and exhibits were filed in the trial court, Mother and Father supplemented their arguments in support of their objections.”
Ash v. Dean, 2016-Ohio-5589. “While R.C. 3123.17(A) pertains to default, R.C.”
Davis v. Honaker, 2014-Ohio-171. “However, father's argument overlooks R.C. 3123.17(B), which provides that when a court issues or modifies a child support order, the court may include in the support order a statement ordering either party to pay the costs of the action, including but not limited to, attorney…”
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