5101:12-45-25 Monthly administration of support orders.

(A) In accordance with section 3121.51 of the Revised Code, regardless of what timeframes or payments are associated with a court or administrative order, the child support enforcement agency (CSEA) shall administer the order on a monthly basis. In accordance with section 3121.53 of the Revised Code, the monthly administration of the support order does not affect the frequency or the amount of the support payments to be made under the order.

(B) In accordance with section 3121.28 of the Revised Code, whenever the CSEA issues or modifies a support order, the CSEA shall include in the order, along with any provision required by the Revised Code, all of the following:

(1) A requirement that the CSEA administer the order on a monthly basis, regardless of the frequency or the amount of the support payments to be made under the order;

(2) The monthly amount due under the support order for purposes of its monthly administration; and

(3) A statement that payments under the order are to be made in the manner ordered by the CSEA or court, and that if the payments are to be made other than on a monthly basis, the required monthly administration by the CSEA does not affect the frequency or the amount of the support payments to be made under the order.

(C) In accordance with section 3121.52 of the Revised Code, when payments are ordered on a non-monthly basis, the CSEA shall calculate the monthly amount due under the order, for purposes of monthly administration, in the following manner:

(1) For weekly support order payments, multiply the weekly amount due by fifty-two and divide the resulting annual amount by twelve;

(2) For biweekly support order payments, multiply the biweekly amount due by twenty-six and divide the resulting annual amount by twelve; and

(3) For periodic support order payments that are not weekly, biweekly, or monthly, multiply the periodic amount due by an appropriate number to obtain the annual amount due and divide that amount by twelve.

(D) If the support order requires payments to begin on a day other than the first day of the month or terminate on a day other than the last day of the month, the CSEA, for purposes of monthly administration, shall compute the pro rated obligation amount due that month in the following manner:

(1) Determine an annual amount in accordance with paragraph (C) of this rule.

(2) Divide the annual amount by one of the following to obtain the daily rate:

(a) Three hundred sixty-six if support payments begin or end in a leap year; or

(b) Three hundred sixty-five if support payments begin or end in a year that is not a leap year.

(3) Multiply the daily rate by the number of days the order is in effect in the month, including the date the support payment begins and the last day of the first month.

Cite as Ohio Admin. Code 5101:12-45-25

Effective: 3/1/2017
Five Year Review (FYR) Dates: 11/30/2016 and 03/01/2022
Promulgated Under: 119.03
Statutory Authority: 3125.25
Rule Amplifies: 3121.28, 3121.51, 3121.52, 3121.53 and 3121.54.
Prior Effective Dates: 7/15/02, 2/1/05, 6/15/06