(A) This rule describes the process a child support enforcement agency (CSEA) may use to enforce an Ohio court support order against a non-custodial parent through the United States (U.S.) district courts.
This process is intended to gradually escalate the CSEA's request for enforcement of an Ohio court support order from the local and state levels to the federal level. The CSEA should be aware that using the U.S. district courts to enforce an Ohio court support order could result in the other state receiving a penalty from the federal government for failure to cooperate.
(B) A CSEA may submit a case to the office of child support (OCS) in the Ohio department of job and family services (ODJFS) for referral to a U.S. district court when a CSEA has requested the assistance of a IV-D agency in another state to enforce an Ohio court support order, and the other state has failed to enforce the order within a reasonable time. The case must be a IV-D case and the support order must have been issued by an Ohio court.
(C) Requirements prior to submission of a case to OCS.
(1) The CSEA shall make a request for assistance to the IV-D agency in the other state to enforce the court support order. The CSEA shall allow a minimum of sixty days for the IV-D agency in the other state to comply with the request.
(2) When the other state does not undertake any action to enforce the court support order within sixty days of the receipt of the request, the CSEA shall send a thirty day notice to the central office of the IV-D agency in the other state. The thirty day notice shall inform the central office that:
(a) Satisfactory enforcement of the court support order has not occurred in response to the request for assistance; and
(b) When satisfactory enforcement of the court support order does not occur within thirty days from the date on which the thirty day notice is sent, the case will be submitted to OCS for referral to use a U.S. district court to enforce the court support order.
(3) When the other state does not undertake any action to enforce the court support order within thirty days of receipt of the thirty day notice, the CSEA may submit the case to OCS for referral to a U.S. district court.
(D) When the CSEA elects to submit a case to OCS for referral to a U.S. district court, the CSEA shall send to OCS the JFS 07073, "Request to Submit a Case to U.S. District Court" ( effective or revised effective date as identified in rule 5101:12-50-99 of the Administrative Code), with the required documents attached, and any other documentation to support the referral.
(E) When OCS finds the case accurate and complete, OCS shall forward the case and all the accompanying documentation to the federal office of child support enforcement (OCSE) for review. OCSE will determine whether the case is appropriate for filing in a U.S. district court and will advise OCS of the determination. If OCS does not forward the case to OCSE, OCS shall inform the CSEA of why the case was not forwarded.
(F) The CSEA shall immediately notify OCS if the other state initiates action to enforce the court support order after the request has been submitted to OCS. OCS shall forward the information to OCSE.
(G) OCS shall notify the CSEA of OCSE's determination regarding the referral.
Five Year Review (FYR) Dates: 11/30/2016 and 03/01/2022
Promulgated Under: 119.03
Statutory Authority: 3125.25
Rule Amplifies: 3125.03, 3125.11
Prior Effective Dates: 8/1/82, 2/11/93, 7/1/02, 1/1/07