5101:12-45-05 Support order establishment.

(A) This rule and its supplemental rules describe the process for requesting and establishing a support order.

(B) In accordance with section 3103.031 of the Revised Code, each parent of a child assumes the parental duty of support of his or her minor child. The parental duty of support is established when:

(1) A man is presumed to be the natural father of the child in accordance with rule 5101:12-40-10 of the Administrative Code;

(2) There is a final and enforceable determination of paternity in accordance with rule 5101:12-40-05 of the Administrative Code;

(3) A woman is the biological mother of a child in accordance with section 3103.03 of the Revised Code;

(4) A man or woman adopts a minor child pursuant to Chapter 3107. of the Revised Code; or

(5) A man is required to be treated in law and regarded as the natural father of a child conceived as the result of artificial insemination pursuant to section 3111.95 of the Revised Code.

(C) In accordance with section 3125.36 of the Revised Code, a child support enforcement agency (CSEA) shall make available a IV-D application to all persons requesting a CSEA's assistance in establishing a support order.

(D) The CSEA with administrative responsibility shall establish a support order for a child who receives Ohio works first or medicaid.

(E) The CSEA shall:

(1) Schedule an administrative child support hearing when:

(a) A man is presumed to be the father of a child and the parent, guardian, or legal custodian of a child, or the person with whom the child resides contacts the CSEA for assistance in obtaining an order for support.

(b) An acknowledgement of paternity is final and enforceable and the mother or other custodian or guardian of the child contacts the CSEA for assistance in obtaining an order for support.

(c) The administrative officer issues a JFS 07774, "CSEA Administrative Order - Establishment of Paternity" (effective or revised effective date as identified in rule 5101:12-40-99 of the Administrative Code).

(2) File a court action to establish a child support order when:

(a) An acknowledgement of paternity is final and enforceable and the mother or other custodian or guardian of the child contacts the CSEA for assistance in obtaining a court order for support.

(b) The CSEA issued a JFS 07774 but did not issue an administrative support order.

(c) A court determines the parent and child relationship in accordance with sections 3111.01 to 3111.18 of the Revised Code.

(d) The non-custodial parent adopted the child in accordance with Chapter 3107. of the Revised Code.

(e) The duty of support is based on the status of the individual as the biological mother in accordance with section 3103.03 of the Revised Code.

(f) The child was conceived as the result of artificial insemination pursuant to section 3111.95 of the Revised Code.

(3) Either schedule an administrative child support hearing or file a court action to establish a child support order when a man is presumed to be the father of a child and a parent, guardian, or legal custodian of a child, or the person with whom the child resides requests the CSEA to establish a child support order but does not specifically request an administrative child support order.

(F) The CSEA must establish a child support order or serve process necessary to begin action to establish a child support order within ninety days of locating the non-custodial parent. The determination of a father and child relationship is included in the ninety-day timeframe. The inability of the CSEA to complete service of process, which would preclude the establishment of a child support order, shall be documented to show that periodic repeated efforts to serve process were taken relative to the criteria defining diligent efforts described in rule 5101:12-30-10 of the Administrative Code.

(G) In child support cases needing support order establishment, regardless of whether the CSEA must determine the existence or non-existence of the father and child relationship, action to establish support orders must be completed from the date of service of process to the time of disposition within the following timeframes:

(1) Seventy-five per cent of all cases within six months; and

(2) Ninety per cent of all cases within twelve months.

Effective: 07/01/2014
R.C. 119.032 review dates: 03/25/2014 and 07/01/2019
Promulgated Under: 119.03
Statutory Authority: 3125.25
Rule Amplifies: 3103.03 , 3103.031 , 3111.03 , 3111.13 , 3111.24 , 3111.25 , 3111.29 , 3111.49 , 3111.78 , 3111.821 , 3111.95 , 3119.61 , 3125.03 , 3125.36
Prior Effective Dates: 7/15/92, 3/31/93, 6/21/96, 1/1/98, 12/1/01, 7/15/02, 9/1/05, 4/1/09, 12/15/09