Chapter 5101:12-55 Default Identification and Determination

(A) The rules contained in Chapter 5101:12-55 of the Administrative Code describe the default process and subsequent enforcement techniques that are available to enforce the support order.

(B) As used in this chapter:

(1) “Default” means, pursuant to division (B) of section 3121.01 of the Revised Code, any failure to pay under a support order that is an amount greater than or equal to the amount of support payable under the support order for one month.

(2) “Mistake of fact” means an error in the amount of the current support obligation or the arrears or in the identity of the obligor.

(3) “Period of default” means, pursuant to division (D) of section 3123.01 of the Revised Code, the period beginning on the date a default under a support order is identified and ending on the date the total arrearage amount owed under the order is paid.

Replaces: Part of 5101:12-55-03

Effective: 04/15/2008

R.C. 119.032 review dates: 04/01/2013

Promulgated Under: 119.03

Statutory Authority: 3125.25

Rule Amplifies: 3121.01, 3123.01

Prior Effective Dates: 5/14/77, 8/1/82, 5/1/87, 10/1/87, 12/20/88, 9/1/89, 12/16/89, 8/1/90, 10/9/90, 4/1/91, 7/15/92, 6/1/93, 10/7/93, 12/31/93, 1/1/95, 7/1/96, 1/1/98, 12/1/01, 5/19/02, 9/1/05

(A) At the end of each month, the support enforcement tracking system (SETS) identifies every obligor who appears to meet the default criteria.

(B) Upon identifying that an obligor appears to meet the default criteria and the case meets the automatic income withholding criteria, SETS will issue a JFS 04047, “Order/Notice to Withhold Income for Child and Spousal Support” (rev. 12/2002), to the obligor’s current employer and the obligor.

(1) When a JFS 04047 is to be issued and a payment on arrears does not already exist, SETS will add a payment on arrears to the support order in an amount that represents twenty per cent of the current support obligation in accordance with section 3123.21 of the Revised Code.

(2) When a JFS 04047 is to be issued and a payment on arrears is added to the support order, SETS will issue a JFS 07083, “Notice to Obligor Regarding Default and 20% Payment on Arrears” (rev. 12/2002), to the obligor.

(C) In accordance with section 3123.022 of the Revised Code:

(1) A JFS 04047 that is issued in accordance with this rule does not affect the obligor’s right to request an administrative mistake of fact hearing; and

(2) The CSEA shall not alter or terminate a JFS 04047 that had been issued upon the identification of default should the obligor timely file a request for an administrative mistake of fact hearing.

(D) Approximately fifteen days after SETS identifies that an obligor meets the default criteria, the office of child support (OCS) will issue a JFS 04049, “Notice to Obligor of Default and Potential Action” (rev. 05/2005), to the last known address of the obligor. In accordance with section 3123.07 of the Revised Code, the failure of OCS to issue the JFS 04049 does not affect the ability of any CSEA to issue any notice or order for the payment of support, does not provide any defense to any notice or order for the payment of support, and does not affect any obligation to pay support.

Replaces: Part of 5101:12-55-03.1

Effective: 04/15/2008

R.C. 119.032 review dates: 04/01/2013

Promulgated Under: 119.03

Statutory Authority: 3125.25

Rule Amplifies: 3123.021, 3123.022, 3123.03, 3123.061, 3123.07, 3123.21

Prior Effective Dates: 5/14/77, 8/1/82, 5/1/87, 10/1/87, 12/20/88, 9/1/89, 12/16/89, 8/1/90, 10/9/90, 4/1/91, 7/15/92, 6/1/93, 10/7/93, 12/31/93, 1/1/95, 7/1/96, 1/1/98, 12/1/01, 5/19/02, 9/1/05

(A) After an obligor is identified as appearing to meet the default criteria and before the JFS 04049, “Notice to Obligor of Default and Potential Action” (rev. 05/2005), is issued, the child support enforcement agency (CSEA) shall conduct an investigation to determine:

(1) Whether the obligor is in default;

(2) The amount of any arrears;

(3) The employment status of the obligor;

(4) The obligor’s social security number;

(5) The name and business address of the obligor’s employer or other source of income; and

(6) Any other information necessary for the CSEA to:

(a) Issue a JFS 04047, “Order/Notice to Withhold Income for Child and Spousal Support”

(rev. 12/2002);

(b) Recommend that the court issue a cash bond order in accordance with rule 5101:12-50-15 of the Administrative Code; or

(c) Issue or recommend that the court issue a seek work order in accordance with rule 5101:12-50-17 of the Administrative Code.

(B) During the investigation the CSEA may also secure any other information necessary to enforce the support order including whether the obligor:

(1) Owns any real or personal property;

(2) Has any funds in a financial institution account as indicated on the financial institution data match report; or

(3) Holds any professional, recreational, and/or driver’s license.

(C) When the CSEA concludes the investigation and determines that no default exists, the CSEA shall terminate the default proceedings. If a JFS 04047 was issued upon the identification of default, the CSEA shall revise the JFS 04047 to collect the support owed under the support order.

Replaces: 5101:12-55-03.2

Effective: 04/15/2008

R.C. 119.032 review dates: 04/01/2013

Promulgated Under: 119.03

Statutory Authority: 3125.25

Rule Amplifies: 3123.02

Prior Effective Dates: 5/14/77, 8/1/82, 5/1/87, 10/1/87, 12/20/88, 9/1/89, 12/16/89, 8/1/90, 10/9/90, 4/1/91, 7/15/92, 6/1/93, 10/7/93, 12/31/93, 1/1/95, 7/1/96, 1/1/98, 12/1/01, 5/19/02, 9/1/05

(A) The JFS 07083, “Notice to Obligor Regarding Default and 20% Payment on Arrears” (rev. 12/2002), and the JFS 04049, “Notice to Obligor of Default and Potential Action” (rev. 05/2005), inform the obligor of the obligor’s right to contest the default and any new payment on arrears by requesting an administrative mistake of fact hearing. The obligor must file the request for an administrative mistake of fact hearing with the child support enforcement agency (CSEA) within seven business days of the date the JFS 07083 or JFS 04049 was issued. When an obligor submits a request for an administrative mistake of fact hearing within seven business days of the date the JFS 07083 was issued and a second request for an administrative mistake of fact hearing within seven business days of the date the JFS 04049 was issued, the CSEA shall combine both requests into one administrative mistake of fact hearing.

(B) When an obligor files a timely request for an administrative mistake of fact hearing with the CSEA, the CSEA shall:

(1) Schedule the administrative mistake of fact hearing to be held on a date no later than ten days after the date that the obligor files the administrative mistake of fact hearing request; and

(2) Issue a JFS 07052, “Notice of Administrative Mistake of Fact Hearing” (rev. 2/2005), to the last known addresses of the obligor and obligee no later than five days before the date on which the administrative mistake of fact hearing is scheduled to be conducted.

(C) The CSEA may deny a request for an administrative mistake of fact hearing if the request is not timely filed.

(D) At the administrative mistake of fact hearing, the CSEA shall:

(1) Consider testimony and evidence regarding an obligor’s assertion that a mistake of fact exists on the JFS 04049 or the JFS 07083;

(2) Determine whether a mistake of fact exists on the JFS 04049 or the JFS 07083;

(3) When the obligor disputes the new arrears payment, consider any evidence the obligor presents regarding household expenditures, income variables, extraordinary health care issues, and other reasons for a deviation from the presumed minimum payment on arrears, pursuant to section 3123.21 of the Revised Code, and determine whether to deviate from the presumed payment on arrears;

(4) Issue the administrative determination to the obligor within five business days of the date the administrative mistake of fact hearing is held;

(5) Record the results of the administrative mistake of fact hearing in the support enforcement tracking system (SETS); and

(6) Make any necessary changes in SETS based on the administrative mistake of fact hearing determination.

Replaces: Part of 5101:12-55-03.1, Part of 5101:12-55-03.3

Effective: 04/15/2008

R.C. 119.032 review dates: 04/01/2013

Promulgated Under: 119.03

Statutory Authority: 3125.25

Rule Amplifies: 3123.031, 3123.033, 3123.04, 3123.21

Prior Effective Dates: 5/14/77, 8/1/82, 5/1/87, 10/1/87, 12/20/88, 9/1/89, 12/16/89, 8/1/90, 10/9/90, 4/1/91, 7/15/92, 6/1/93, 10/7/93, 12/31/93, 1/1/95, 7/1/96, 1/1/98, 12/1/01, 5/19/02, 9/1/05

(A) A final and enforceable determination of default and of the amount of arrears owed exists when:

(1) OCS issues a JFS 04049, “Notice to Obligor of Default and Potential Action” (rev. 05/2005), to the obligor and the obligor does not request an administrative mistake of fact hearing within seven business days of the date the JFS 04049 was issued. The amount of arrears owed pursuant to the determination of default is the amount indicated on the JFS 04049.

(2) The obligor requests an administrative mistake of fact hearing on the JFS 04049 but does not request a court hearing within seven business days of the date of the administrative mistake of fact hearing determination was issued. The amount of arrears owed pursuant to the determination of default is the amount indicated on the administrative mistake of fact hearing determination.

(3) The obligor requests a court hearing on the administrative mistake of fact hearing determination and the court issues a determination. The amount of arrears owed pursuant to the determination of default is the amount indicated on the court determination.

(B) Within fifteen days of the date that a JFS 04049 becomes a final and enforceable determination of default, the child support enforcement agency (CSEA) shall:

(1) When a JFS 04047, “Order/Notice to Withhold Income for Child and Spousal Support”

(rev. 12/2002), was not issued upon identification of default, issue a JFS 04047 to any available income sources.

(2) When a JFS 04047 was issued and the final and enforceable determination of default altered the arrears payment amount stated in the JFS 04049, issue a revised JFS 04047, when necessary.

(3) When a JFS 04047 was issued and the final and enforceable determination of default did not alter the arrears payment amount stated in the JFS 04049, permit the JFS 04047 to remain in effect.

(C) When an obligor is subject to a final and enforceable determination of default, the CSEA:

(1) Shall enforce the support order using appropriate enforcement techniques described in Chapter 5101:12-55 of the Administrative Code; and

(2) May enforce the support order using appropriate enforcement techniques described in Chapter 5101:12-50 of the Administrative Code.

Replaces: 5101:12-55-03.4, Part of 5101:12-55-03, Part of 5101:12-55-03.3

Effective: 04/15/2008

R.C. 119.032 review dates: 04/01/2013

Promulgated Under: 119.03

Statutory Authority: 3125.25

Rule Amplifies: 3123.032, 3123.04, 3123.05, 3123.06

Prior Effective Dates: 5/14/77, 8/1/82, 5/1/87, 10/1/87, 12/20/88, 9/1/89, 12/16/89, 8/1/90, 10/9/90, 4/1/91, 7/15/92, 6/1/93, 10/7/93, 12/31/93, 1/1/95, 7/1/96, 1/1/98, 12/1/01, 5/19/02, 9/1/05

(A) The federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Pub. L. No. 104-193, 110 Stat. 2105 (1996), 42 U.S.C. 666(a)(17) January 1, 1998, enacted as sections 3121.74 to 3121.78 and 3123.24 to 3123.38 of the Revised Code, requires that states enter into agreements with financial institutions doing business in the state to conduct quarterly matches of obligors who owe past-due support with funds on deposit in the financial institution.

(B) The office of child support (OCS) in the Ohio department of job and family services (ODJFS) is authorized to enter into account information access agreements with financial institutions doing business in this state and with financial institutions doing business in other states.

(1) OCS has joined an alliance of states for the purpose of participating in the financial institution data match (FIDM) program with financial institutions doing business in Ohio. The alliance facilitates the use of the FIDM program with a single state financial institution (SSFI) that does business in Ohio and with SSFIs in other states that do business only within the state in which they are located.

(2) Responsibility for the data match with multistate financial institutions is with the federal office of child support enforcement (OCSE) by consolidating input from all states into a national file of delinquent obligors known as the federal offset file. The federal offset file only contains obligors in IV-D cases. Therefore, the FIDM program can only be used to enforce a support order in a IV-D case. OCSE sends a single file to multistate financial institutions where the match is conducted. Multistate institutions use forms and instructions developed by OCSE.

(C) Definitions.

The following definitions are specific to this rule:

(1) Access restriction – an encumbrance on an account so that funds within the account may not be withdrawn or transferred.

(2) Account – a demand account, checking or negotiable withdrawal order account, savings account, time deposit account, or money-market mutual fund account that can be readily converted to cash without further action.

(3) Financial institution (FI) – a bank, savings and loan, thrift, federal or state credit union, benefit association, insurance company, safe deposit company, money-market mutual fund, or similar institution in which a person has funds on deposit.

(4) Multistate financial institution (MSFI) – a financial institution conducting business in two or more states.

(5) Multistate financial institution data match (MSFIDM) – an exchange of data between state IV-D programs and an MSFI to match account holders and child support obligors owing past-due support.

(6) Single state financial institution (SSFI) – a financial institution conducting business in only one state.

(7) Single state financial institution data match (SSFIDM) – an exchange of data between the Ohio IV-D program and an SSFI to match account holders and child support obligors owing past-due support.

(8) Withdrawal directive – a directive to an FI to withdraw funds from an account and transmit the withdrawn funds to the child support enforcement agency (CSEA). For FIDM purposes withdrawal directive also means that funds may not be withdrawn or transferred by the account holder.

(D) Financial institution agreements, rights, and responsibilities.

(1) Financial institutions that choose to participate in FIDM include banks, savings and loans, federal and state credit unions, benefit associations, insurance companies, safe deposit companies, money-market mutual funds and similar institutions, in which a person who is required to pay child support has funds on deposit that are not exempt under law from execution, attachment, or other legal process.

(2) The agreements require an FI to provide the following information each calendar quarter:

(a) The account holder’s name;

(b) The account holder’s address;

(c) The account holder’s social security number or taxpayer identification number;

(d) Whether another person has an ownership interest in the account, including a list of all persons having an ownership interest in the account as reflected on the signature card or similar document on file with the FI;

(e) The type of account maintained by the account holder, such as a savings, checking, or money market mutual fund account; and

(f) Any other information agreed to by the parties.

(3) Fee deduction.

An FI that responds to a request or provides information to OCS pursuant to an account information access agreement shall deduct a fee of no more than five dollars for each withdrawal the FI makes from an obligor’s account on receipt of a JFS 04055, “Financial Institution Account Withdrawal Directive” (rev. 09/2006).

(4) Access restriction.

An FI shall promptly place an access restriction on the account of an obligor upon receipt of a JFS 04050, “Access Restriction” (rev. 09/2006), from the CSEA. The access restriction shall remain on the account until the FI receives a JFS 04055 or a court or CSEA orders the FI to remove the access restriction. The CSEA shall send a copy of the JFS 04050 to the obligor at the same time the CSEA sends the JFS 04050 to the FI.

(5) The FI shall cooperate with the CSEA’s investigation of the obligor’s account as described in paragraph (H) of this rule. An FI and the FI’s officers, directors, and employees shall not be subject to criminal or civil liability for disclosing or releasing information concerning an account holder to OCS pursuant to an account information access agreement, or for any other action taken in good faith to comply with an account information access agreement, regardless of whether the action was specifically authorized or described in the agreement.

(E) Confidentiality.

(1) Information obtained from an FI pursuant to an account information access agreement is not a public record for the purposes of section 149.43 of the Revised Code. No person or government entity that obtains information concerning an account holder from an FI pursuant to an account information access agreement shall disclose the information for purposes other than the establishment, modification, or enforcement of a support order.

(2) Whoever violates section 149.43 of the Revised Code may be fined no more than five hundred dollars or imprisoned not more than six months, or both.

(F) Use of information received as a result of the access agreement.

(1) The support enforcement tracking system (SETS) will record data match results from both MSFIs and SSFIs. The data will be sorted by caseload within the county. In addition, SETS will list all individuals whose assets are in an FI in Ohio and list the accounts based on sole account holder, or primary and secondary account holder.

(2) The decision to utilize the FIDM program is at the discretion of the CSEA. The CSEA’s criteria for the use of the FIDM program shall be stated in the county procedural manual.

(G) Access restriction process.

(1) A support order shall not be enforced using the FIDM program until a final and enforceable default determination, as described in rules 5101:12-55-03 to 5101:12-55-03.4 of the Administrative Code, has been made against the obligor. For purposes of the FIDM program, the JFS 04049, “Notice to Obligor of Default and Potential Action” (05/2005), must have been issued on or after August 17, 1999. The CSEA shall review the default list within SETS to ensure that the default determination has been made against the obligor prior to initiating an enforcement action using FIDM.

(2) The CSEA shall determine whether the account is with an FI conducting business in Ohio. The CSEA shall make that determination by comparing the name of the FI on the match file with the list of FIs conducting business in Ohio provided by OCS.

(a) When the account is with an FI conducting business in Ohio, the CSEA shall send the JFS 04050 by first-class mail to the FI at the address given on the match file. A copy of the JFS 04050 shall simultaneously be sent by first-class mail to the obligor.

(b) When the FI does not conduct business in Ohio, the CSEA shall proceed as described in paragraph (O) of this rule.

(3) When at any point in the enforcement process described in this rule the obligor is no longer in default, the CSEA shall order the financial institution to release the access restriction on all funds in the account. If the obligor is determined to be in default at a later date, enforcement action using the FIDM program may again be considered.

(4) When at any point in the enforcement process described in this rule the CSEA determines that funds in the account represent supplemental security income (SSI), or that a legal restriction exists on the account that prevents the obligor from withdrawing the funds, the CSEA shall order the FI to release the access restriction on the funds in the account that represent SSI or on the funds that are legally restricted.

(5) When the CSEA determines that enforcement action should stop or be modified pursuant to paragraphs (G)(4) and (G)(5) of this rule, the CSEA shall send a JFS 04051, “Release of Access Restriction” (rev. 09/2006), by first-class mail to the FI to which the CSEA had previously sent the JFS 04050. A copy of the JFS 04051 shall be simultaneously sent by first-class mail to the obligor.

(6) A CSEA may use the FIDM program to enforce a support order against an 5101:12-55-10 4 obligor who filed for bankruptcy protection on or after October 17, 2005. When an obligor filed for bankruptcy protection prior to that date, the CSEA may use the FIDM program to enforce the support order only when the bankruptcy has been discharged or other relief from bankruptcy protection has been secured by the CSEA.

(7) An access restriction remains in effect until a withdrawal is made pursuant to a withdrawal directive by a court or CSEA, or a court or CSEA orders that the access restriction be removed.

(H) CSEA investigation of account.

(1) When the CSEA elects to use the FIDM program to enforce a support order, the CSEA shall, no later than five business days from the date on which the FIDM match information is made available to the CSEA through SETS, investigate and determine the amount of funds in the account that is available to satisfy the obligor’s arrearages under a support order.

(2) When the CSEA elects to proceed to enforce the support order using the FIDM program, the CSEA shall issue the JFS 04055 to the obligor by regular mail.

(I) Issuing the JFS 04052.

(1) When a CSEA finds that a person other than an obligor has an ownership interest in an account, the CSEA shall send the JFS 04052, “Notice to Person, Other than Child Support Obligor, Having Ownership Interest in an Account” (rev. 09/2006), by first-class mail to that person at an address for that person contained in records of the FI. When the address of that person is not contained in records of the FI, the CSEA shall send the JFS 04052 to that person in care of another person whose address is contained in records of the FI concerning the account.

(2) The JFS 04052 shall contain both of the following:

(a) A statement of the date the JFS 04052 is sent, that another of the account holders is an obligor under a support order, the name of the obligor, that the support order is in default, the amount of the arrearage owed by the obligor as determined by the court or CSEA, the amount that will be withdrawn, the type of account from which the amount will be withdrawn, and the name of the FI from which the amount will be withdrawn; and

(b) A statement that the person may object to the withdrawal by filing with the CSEA, no later than ten days after the date on which the JFS 04052 is sent, a written request for an administrative hearing to determine whether any amount contained in the account is the property of the person to whom the JFS 04052 is sent and should not be subject to the withdrawal directive.

(J) Time frame for requesting administrative hearing.

(1) The joint account owner shall have ten days from the date the JFS 04052 is sent to object to the withdrawal by filing with the CSEA that sent the JFS 04052 a written request for an administrative hearing to determine whether any amount contained in the account is the property of that person and should not be subject to the JFS 04055.

(2) When the joint account owner fails to file a timely request for an administrative hearing, the CSEA shall send a JFS 04055 to the FI. The CSEA shall send a copy of the JFS 04055 to the obligor.

(K) Conducting the administrative hearing.

(1) When the joint account owner requests a hearing in a timely manner, the CSEA that sent the JFS 04052 shall conduct the administrative hearing no later than ten days after the date the person files the request for the hearing. No later than five days before the date the hearing is to be conducted, the CSEA shall send the JFS 04053, “Notice of Administrative Hearing in Regard to Account Ownership” (rev. 09/2006), to the person who requested the hearing.

(2) At the hearing, the CSEA shall determine whether any amount contained in the account is the property of the person who filed the objection. That person may present testimony and evidence at the hearing only in regard to the issue of whether and how much, if any, of the amount contained in the account is the property of the person and should not be subject to the withdrawal directive. When the CSEA determines that any amount contained in the account is the property of the person, the CSEA shall determine that amount. The CSEA shall send the JFS 04054,”Notice of Determination on Amount of Ownership” (rev. 09/2006), to the person who filed the objection.

(L) Determinations made by the CSEA.

(1) When a CSEA determines at the administrative hearing that the total amount in an account is the property of a person who is not the obligor from whom payment is sought, it shall order the FI to release the access restriction on the account by sending a JFS 04051, “Release of Access Restriction” (rev. 09/2006), to the FI. The CSEA shall send a copy of the JFS 04051 to the obligor.

(2) When the CSEA determines that some of the funds in the account are the property of the person, it shall order the FI to release the access restriction on the amount in the account that is the property of the other person by sending a JFS 04051 to the FI. The CSEA shall send a copy of the JFS 04051 to the obligor.

(3) The CSEA shall issue to the FI a JFS 04055 for the remaining funds unless, no later than ten days after the CSEA makes its determination, the person files a written motion with the court of common pleas of the county served by the CSEA for a hearing to determine whether any amount contained in the account is the property of the person.

(M) Hearings held and determinations made by the court.

(1) If the joint account owner files a timely motion with the court, the court is required to hold a hearing on the request no later than ten days after the request is filed. No later than five days before the date on which the hearing is to be held, the court is required to send the person written notice by ordinary mail of the date, time, place, and purpose of the hearing. The hearing is limited to a determination of how much, if any, of the amount contained in the account is the property of the person.

(2) If the court determines that all of the funds in the account are the property of the person to whom the JFS 04052 was sent, the court is required to order the FI to release the access restriction on the account and to take no further enforcement action on the account.

(3) If the court determines that some of the funds in the account are the property of the person to whom the JFS 04052 was sent, the court is required to determine that amount, order the FI to release the access restriction on the account in that amount, and order the CSEA to take no further enforcement action on those funds.

(4) If the court determines that any of the funds in the account are not the property of the person to whom the JFS 04052 was sent, the court is required to issue a withdrawal directive.

(N) Withdrawal directive.

(1) When a CSEA proposes to intercept an obligor’s funds in an account in an FI, the CSEA shall issue a JFS 04055 to the FI. The CSEA shall issue a copy of the JFS 04055 to the obligor.

(2) In accordance with section 3123.37 of the Revised Code, the JFS 04055 is required to contain the following information:

(a) The name, address, and social security number or taxpayer identification number of the obligor;

(b) A statement that the obligor has been determined to be in default under a support order;

(c) The amount of the arrearage owed by the obligor as determined by the court or CSEA; and

(d) The amount of funds that are to be withdrawn from the account and the type of account from which the funds are to be withdrawn.

(3) On receipt of a JFS 04055, an FI is required to withdraw the amount specified from the account described in the JFS 04055 and pay it to child support payment central (CSPC).

(O) Procedures to follow when the FI does not conduct business in Ohio.

(1) When the IV-D case is in Ohio but the FI identified on the match file does not conduct business in Ohio, the CSEA will assume the role of the “requesting state” and the state in which the FI conducts business will assume the role of the “assisting state.” The CSEA shall request assistance from the assisting state. The assisting state will not open a IV-D case and neither state will consider the case to be an interstate case.

(2) The CSEA shall mail the JFS 04049 to the obligor unless the CSEA has already provided the obligor with the JFS 04049 for the current period of default.

(3) The CSEA shall determine the assisting state’s requirements concerning access restrictions and withdrawal directives by referring to state-specific data provided by OCS. Using OMB 0970-0085, “Transmittal # 3 – Request for Assistance/Discovery” (expiration date 1/31/2008), the CSEA shall request that the assisting state impose an access restriction and issue a withdrawal directive.

(4) The CSEA shall provide the assisting state with the following information and any other information necessary for the assisting state to respond to the CSEA’s request:

(a) The account number and the name and address of the FI by providing a hard copy of the match file;

(b) The amount to be withdrawn; and

(c) The amount of arrears and proof that due process under Ohio law has been completed by providing the assisting state with a copy of the JFS 04049 that was mailed to the obligor.

(P) Procedures to follow when the IV-D case is in another state and the FI conducts business in Ohio.

(1) When the IV-D case is in another state and the FI does not conduct business in that other state but conducts business in Ohio, Ohio will assume the role of the “assisting state” and the other state will assume the role of the “requesting state.” The requesting state will request assistance from Ohio through the ODJFS interstate central registry, which will forward the request to the CSEA located in the same Ohio county as the FI. The CSEA shall not open a IV-D case and neither state will consider the case to be an interstate case.

(2) The requesting state will identify the account, the FI, the arrears amount, the withdrawal amount, and will certify completion of due process under the requesting state’s laws.

(3) The CSEA shall promptly send the JFS 04050 by first-class mail to the FI. The CSEA shall simultaneously send a copy of the JFS 04050 to the obligor by first-class mail.

(4) After mailing the JFS 04050, the CSEA shall promptly determine whether any person other than the obligor has ownership interest in the account.

(a) When the CSEA finds that the obligor is the only person having ownership interest in the account, the CSEA shall promptly send the JFS 04055 by first-class mail to the FI at the address given on the match file. A copy of the JFS 04055 shall simultaneously be sent by first-class mail to the obligor.

(b) When the CSEA finds that a person other than the obligor has an ownership interest in the account, the CSEA shall promptly send to that person the JFS 04052. When a hearing is requested, the CSEA shall send a JFS 04053 to the person who requested the hearing. The person shall be permitted to participate in the hearing by telephone or by audiovisual or other electronic means accessible to the CSEA, rather than be physically present. Testimony and evidence shall be presented and accepted under terms consistent with the terms outlined in section 3115.27 of the Revised Code. If appropriate, the JFS 04055 shall be issued. The CSEA shall simultaneously send the JFS 04055 by first-class mail to the FI and a copy of the JFS 04055 by first-class mail to the obligor.

Replaces: 5101:1-30-14

Effective: 10/02/2006

R.C. 119.032 review dates: 10/01/2011

Promulgated Under: 119.03

Statutory Authority: 3121.78, 3125.25

Rule Amplifies: 3121.74, 3121.75, 3121.77, 3121.78, 3123.24, 3123.25, 3123.26, 3123.27, 3123.28, 3123.29, 3123.30, 3123.31, 3123.32, 3123.33, 3123.34, 3123.35, 3123.36, 3123.37, 3123.38

Prior Effective Dates: 8/17/99, 10/1/01

Rescinded eff 8-01-08

(A) This rule describes the procedures that a child support enforcement agency (CSEA) shall use when it decides to assert a lien on real or personal property that is owned by an obligor who has been determined to be in default under a support order. Obtaining a lien does not affect any other legal remedies available against obligors or their property by persons entitled to receive support that is in arrears.

(B) A lien can be attached to real property (real estate) that must be paid off before a subsequent purchaser can take the property free of the creditor’s claim. Sections 3123.66 and 3123.67 of the Revised Code provide for the assertion of a lien against real and personal property by the CSEA. Section 3123.73 of the Revised Code provides that a CSEA is entitled to have real and personal property subject to the lien sold in accordance with section 3123.74 of the Revised Code. Chapter 2329. of the Revised Code provides for securing a lien against real property. Chapter 2715. and section 4505.13 of the Revised Code provide for the attachment of personal property that includes, but is not limited to, items such as motor vehicles, guns, electronic equipment, jewelry, and musical instruments.

(C) CSEA assertion of a lien on real or personal property located in Ohio.

(1) Pursuant to section 3123.66 of the Revised Code, when a court or CSEA has issued a final and enforceable determination that an obligor is in default, the CSEA may assert a lien on any or all of the obligor’s real and personal property that is located in Ohio.

(2) When the CSEA asserts a lien, the lien shall include the amount of the arrears determined to be in default and any amounts due for current support that are in arrears after the date of the default determination.

(3) When the CSEA asserts a lien on real or personal property, it may file the lien with the county recorder in each Ohio county in which the CSEA knows that the obligor’s real or personal property that is subject to the lien is located. If requested by the county recorder, the CSEA shall include any additional documentation or a self-addressed, stamped envelope for the return of the filed lien.

(a) A CSEA may enter into a contract with the county recorder using procedures described in rules 5101:12-10-45 to 5101:12-10-45.7 of the Administrative Code for the purpose of reimbursing the recorder for the cost of filing liens.

(b) After the CSEA files a lien, the lien shall apply to after acquired property as well.

(4) In accordance with section 3123.69 of the Revised Code, a CSEA shall, no later than ten days after filing a lien, serve a copy of the lien by regular mail on both the obligor whose real or personal property is subject to the lien and the person or state agency in possession or control of any real or personal property of the obligor.

(5) Pursuant to section 3123.70 of the Revised Code, a lien shall:

(a) Have priority over liens, mortgages, security interests, or other types of encumbrances that are associated with the property that arise after the date the lien is filed;

(b) Not have priority over liens, mortgages, security interests, or other types of encumbrances associated with the property that arose on or before the date the lien was filed.

(6) After service of process as described in paragraph (C)(4) of this rule has occurred, any person or state agency that releases, sells, transfers, or conveys real or personal property subject to the lien to or for the benefit of the obligor or any other person or fails or refuses to surrender property for the execution sale shall be liable for the support arrears that are the basis of the lien. This liability includes costs, interest, and reasonable attorney’s fees of the opposing party pursuant to section 3123.77 of the Revised Code.

(D) CSEA assertion of a lien on real or personal property located in another state.

(1) When a CSEA determines that an obligor owns or may own real or titled personal property located in a state other than Ohio, the CSEA may send an OMB 0970-0153, “Notice of Lien,” to the state in which the property is located. The CSEA may contact the interstate central registry in the state where the property is located to determine the appropriate location where the OMB 0970-0153 should be sent. This form may be accessed on the internet at the following website address: http://www.acf.hhs.gov/programs/cse/pol/AT/2005/at-05-04.htm.

(E) Responding to a lien issued by another state.

(1) When the office of child support (OCS) within the Ohio department of job and family services (ODJFS) receives a copy of a lien filed in another state, a copy of the child support order, and a copy of the court or administrative determination finding the obligor to be in default under the child support order, OCS shall examine the lien and other documents and determine whether the lien is in compliance with federal child support law and regulations.

(2) When OCS determines that the lien is in compliance with federal child support law and regulations based on the documentation received, OCS shall determine in which Ohio county or counties the obligor’s real or personal property that may be subject to the lien is located.

(3) On making the determination, OCS shall send a copy of the lien to the CSEA in each county in which the property is located.

(4) Upon receipt of the lien from OCS, the CSEA shall assert the lien in accordance with paragraph (C) of this rule.

(5) In accordance with section 3123.68 of the Revised Code, OCS and each court and CSEA shall give full faith and credit to a lien that is similar to a lien described in section 3123.67 of the Revised Code that was established by an authorized agency of another state.

Effective: 06/15/2006

R.C. 119.032 review dates: 09/30/2008 and 09/01/2013

Promulgated Under: 119.03

Statutory Authority: 3125.25

Rule Amplifies: 3123.66, 3123.67, 3123.70, 3123.73, 3123.74, 3123.77, 3123.78, 3125.03

Prior Effective Dates: 10/1/85, 1/1/87 (Emer), 3/20/87, 5/1/92, 1/1/98, 4/18/03, 9/1/05

(A) This rule describes the process that a child support enforcement agency (CSEA) shall use when it decides to execute on a lien on personal or real property of an obligor that has been asserted by the CSEA in accordance with rule 5101:12-55-20 of the Administrative Code.

(B) For purposes of this rule, “execution” means a process issued by a court which directs the sheriff of a county to sell either real or personal property owned by a particular obligor upon which a CSEA has placed a lien. Execution on liens shall be done in accordance with Chapter 2329. of the Revised Code.

(C) Because an execution is a complex and expensive procedure involving advertising and publication costs, court fees, filing fees, auctioneer’s fees, possible storage fees, bonds, title transfer costs, appraisal costs, title search fees, and service of process, the CSEA should carefully consider each of the following factors before making a decision to execute on a lien:

(1) The existence of prior liens or secured creditors. Prior liens and security interests can be determined by checking title record and other public records;

(2) The obligor’s right to claim an exemption in the property to be seized and the amount of the exemption allowable in accordance with section 2329.66 of the Revised Code;

(3) Whether there are co-owners of the property who may have an interest in the property;

(4) The value of the obligor’s equity interest in the property relative to the value of any mortgages, loans, other liens, or encumbrances which may be attached to the property;

(5) The estimated current market value and potential sale price of the property relative to the obligor’s equity interest in that property;

(6) The storage cost of the property, if any, and the speed with which it must be sold to minimize the cost and not jeopardize the property;

(7) The execution notice and sale costs;

(8) Whether the estimated sale proceeds will produce a significant payment on the arrears;

(9) The need for immediate execution if bankruptcy is a strong possibility; and

(10) The position the obligor will be in after the property is sold and whether the seizure of the property will decrease the obligor’s ability to earn a living or result in long term indigence.

(D) Execution of a lien.

(1) To execute on a lien, the CSEA shall file a complaint in the appropriate court of the county where the property is located in accordance with section 3123.74 of the Revised Code. The complaint shall be filed:

(a) In the court in the county where the support order was issued if the property is located in that county; or

(b) In the court of common pleas in the county where the property is located if the support order was issued in a state other than Ohio or if the child support order was issued by a county other than the one in which the property is located.

(2) The complaint shall contain all of the following in accordance with the requirements of section 3123.74 of the Revised Code:

(a) A statement that the CSEA has obtained a lien on real and personal property of the obligor that is located in the county;

(b) A statement that the CSEA is entitled to have the property sold and have the proceeds of the sale applied to the child support arrearage in the case; and

(c) A request that the court issue an order for the property to be sold by an execution sale in accordance with Chapter 2329. of the Revised Code.

(3) On receipt of a complaint, the court will conduct a hearing to determine whether the court has jurisdiction and whether the CSEA has obtained a lien pursuant to section 3123.74 of the Revised Code.

(4) The court will issue an order requiring the property to be sold by execution sale in accordance with Chapter 2329. of the Revised Code, if it determines that the court has jurisdiction and that the CSEA has obtained a lien in accordance with section 3123.74 of the Revised Code.

(5) If a CSEA has sent a Uniform Interstate Family Support Act petition to a child support agency in a responding state requesting enforcement of a support order, as described in rule 5101:12-70-05.5 of the Administrative Code, and the child support agency in the responding state has placed a lien on personal or real property owned by the obligor, the CSEA may request that the child support agency in the responding state execute on the lien using the applicable laws of the responding state.

(6) If a CSEA has sent an OMB 0970-0153,”Notice of Lien,” to another state and the other state has placed a lien on personal or real property owned by the obligor, the CSEA may request that the other state execute on the lien using the applicable laws of that state.

A sale of real or personal property extinguishes the lien associated with the property pursuant to section 3123.75 of the Revised Code

(E) Discharge of a lien imposed by a CSEA.

(1) A lien filed with the county recorder shall be effective until the county recorder discharges the lien.

(2) A county recorder shall discharge the lien within five days after the CSEA files a JFS 07006, “Discharge of lien” (rev. 12/2005), requesting that the lien be discharged.

(3) The CSEA shall file the JFS 07006 requesting that the county recorder discharge the lien if one of the following applies:

(a) The lien is satisfied by an execution sale pursuant to Chapter 2329. of the Revised Code;

(b) The obligor makes full payment of the arrears to the office of child support, child support payment central;

(c) An appropriate withholding or deduction notice or other appropriate order as described in section 3121.03, 3121.04, 3121.05, 3121.06, or 3121.12 of the Revised Code has been issued to collect current support and any arrears and the obligor is complying with the notice or order;

(d) A new support order has been issued or the support order has been modified and the obligor is complying with the new or modified support order; or

(e) The CSEA requests the discharge of the lien in accordance with paragraph (E)(4) of this rule.

(4) At any time a CSEA may request the discharge of a lien on all or part of the property of the obligor or return seized property without liability in accordance with section 3123.76 of the Revised Code if:

(a) Assurance of payments is deemed adequate by the CSEA; or

(b) The discharge will facilitate the collection of the arrears for which the lien was imposed.

The discharge of a lien or the return of property does not prevent further action by the CSEA to collect arrears on the case.

Replaces: 5101:1-30-87.1

Effective: 04/01/2006

R.C. 119.032 review dates: 04/01/2011

Promulgated Under: 119.03

Statutory Authority: 3125.25

Rule Amplifies: 3123.71 to 3123.76, 3123.78

Prior Effective Dates: 1/1/87 (Emer), 3/20/87, 10/1/96, 1/1/98, 4/18/03

(A) This rule describes when a child support enforcement agency (CSEA) may, as an enforcement technique, submit an obligor to a licensing entity to suspend, refuse, or deny to renew a license.

(B) The following definitions apply to this rule:

(1) A “license” means:

(a) A license, certificate, permit, registration, or other authorization to engage in an occupation or profession that is issued by a board or entity that has the authority pursuant to Title XLVII (47) of the Revised Code;

(b) A driver’s or commercial driver’s license, motorcycle operator’s license or endorsement, temporary instruction permit, or commercial driver’s temporary instruction permit issued by the registrar of motor vehicles or a deputy registrar; or

(c) A recreational license issued by the department of natural resources (DNR) that includes any license, permit, or stamp issued pursuant to section 1533.10, 1533.11, 1533.111, 1533.112, or 1533.32 of the Revised Code.

(2) A “licensing entity” means any entity that has authority to issue a license to an individual and includes any of the following:

(a) Any board or entity that has the authority pursuant to Title XLVII (47) of the Revised Code to issue a license and any other agency of this state, other than the supreme court, that has the authority to issue a license that authorizes an individual to engage in an occupation or profession. This includes an administrative officer that has authority to issue a license that authorizes an individual to engage in an occupation or profession.

(b) The bureau of motor vehicles (BMV) or the registrar or deputy registrar of motor vehicles.

(c) The DNR.

(C) The CSEA may elect to submit an obligor to a licensing entity to suspend, refuse, or deny to renew a license when:

(1) The license is described in paragraphs (B)(1)(a) and (B)(1)(b) of this rule and either of the following occurs:

(a) A court or CSEA has made a final and enforceable determination that the obligor is in default under the child support order and a JFS 04049, “Notice of Default and Potential Action”

(rev. 05/2005), has been issued to the obligor; or

(b) The obligor fails, after receiving appropriate notice, to comply with a subpoena or warrant issued by the court or CSEA with respect to a proceeding to enforce the child support order.

(2) The license is described in paragraph (B)(1)(c) of this rule and a court or CSEA makes a final and enforceable determination that the obligor is in default under the child support order and a JFS 04049 has been issued to the obligor.

The CSEA shall not submit an obligor to the division of wildlife to suspend, refuse, or deny to renew a recreational license until:

(a) The division of wildlife has implemented a computer system that maintains license numbers for licenses issued by the division, the names of persons to whom licenses are issued, and the social security numbers of persons to whom licenses are issued; and

(b) The division of wildlife has established safeguards that eliminate the risk that social security numbers provided to the division for the purpose of child support enforcement may be used for purposes other than those permitted by federal law.

(D) When the CSEA elects to submit an obligor to a licensing entity to suspend, refuse, or deny to renew a license and the obligor holds, has applied for, or is likely to apply for a license, the CSEA shall, at least ten days before submitting the obligor to a licensing entity to suspend a license, send to the obligor’s last known address by ordinary, first class mail one of the following:

(1) A JFS 07229, “Proposed Action to Suspend Driver’s License” (11/2005), when the license is a driver’s license;

(2) A JFS 07232, “Proposed Action to Suspend Professional or Recreational License”

(11/2005), when the license is an occupational, professional, or recreational license; or

(3) A notice created by the CSEA that includes the following:

(a) A court or CSEA has determined the obligor to be in default under a child support order or that the obligor has failed to comply with a subpoena or warrant issued by a court or CSEA with respect to a proceeding to enforce a child support order;

(b) A notice containing the obligor’s name and social security number or other identification number may be sent to every licensing entity that has authority to issue or has issued the individual a license; and

(c) A notice that, when the licensing entity receives such a notice and determines that the obligor is the individual named in that notice and the licensing entity has not received notice indicating that the obligor is no longer in default, all of the following will occur:

(i) The licensing entity will not issue any license to or renew any license of the obligor;

(ii) The licensing entity will suspend any license of the obligor;

(iii) If the license being suspended is a driver’s or commercial driver’s license, motorcycle operator’s license or endorsement, or temporary instruction permit, or commercial driver’s temporary instruction permit, the licensing entity will impose a class F suspension under division (B)(6) of section 4510.02 of the Revised Code; and

(iv) The licensing entity will not issue any license to the obligor and will not reinstate a suspended license until it receives notification pursuant to sections 3123.45, 3123.46, and 3123.57 of the Revised Code.

The CSEA may include in the notice additional actions that the obligor must take to avoid license suspension and any time frames by which the actions must be taken.

(E) License suspension procedures.

When the CSEA elects to submit an obligor to a licensing entity to suspend a specific license, the CSEA shall send an electronic notice through the support enforcement tracking system (SETS) or, when an electronic notice is not available, a JFS 04041, “Notice to Suspend Professional, Motor Vehicle Operator and Recreational License” (rev. 01/2005), to the licensing entity that has authority to issue or has issued the obligor that specific license.

(F) License reinstatement.

(1) A CSEA shall send an electronic notice through SETS or, when an electronic notice is not available, a JFS 04042, “Notice to Reinstate/Reissue a License” (rev. 06/2008), to the licensing entity to which it sent a JFS 04041, within seven days of determining that the obligor is not in default or any of the following occurs:

(a) The obligor makes full payment of the arrears that was the basis for the court or CSEA determination of default to the office of child support (OCS) or to the CSEA;

(b) An appropriate withholding or deduction notice or other appropriate order described in section 3121.03, 3121.04, 3121.05, 3121.06, or 3121.12 of the Revised Code has been issued to collect current support and any arrears due under the child support order that was in default and that the obligor is complying with the notice or order;

(c) A new child support order has been issued or the child support order that was in default has been modified to collect current support and any arrears due under the child support order that was in default and the obligor is complying with the new or modified child support order; or

(d) The court or CSEA that issued a warrant or subpoena removes the warrant or determines that the obligor has complied with the subpoena in accordance with section 3123.46 of the Revised Code.

(2) When the CSEA submits an obligor in error to a licensing entity for the suspension or refusal of or denial to renew a license, the CSEA shall immediately issue an electronic notice through SETS or, when an electronic notice is not available, a JFS 04038, “Notice of Correction of License Suspension” (rev. 12/2007), to the licensing entity to which it sent the JFS 04041.

(G) The CSEA shall describe the procedures used to submit an obligor to a licensing entity to suspend, refuse, or deny to renew a license and to reinstate a license in the CSEA’s procedural manual. When the CSEA elects to create a notice, as described in paragraph (D)(3) of this rule, the CSEA shall maintain a copy of the notice in the CSEA’s procedural manual.

Replaces: 5101:12-55-25

Effective: 06/15/2008

R.C. 119.032 review dates: 06/01/2013

Promulgated Under: 119.03

Statutory Authority: 3123.63, 3125.25

Rule Amplifies: 3123.41 to 3123.50, 3123.52 to 3123.614, 3123.62

Prior Effective Dates: 10/1/96, 1/1/98, 6/2/01, 10/14/01, 1/1/06, 5/15/08

(A) In accordance with paragraph (B) of section 4705.021 of the Revised Code, a child support enforcement agency (CSEA) may, as an enforcement technique, refer an obligor who is licensed to practice law in the state of Ohio to the Ohio supreme court for suspension of a license to practice law.

(B) When the CSEA elects to refer an obligor for the suspension of a license to practice law, the CSEA shall send to the obligor’s last known address by ordinary, first class mail one of the following:

(1) A JFS 07230, “Proposed Action to Suspend License to Practice Law” (11/2005).

(2) A notice created by the CSEA that includes a statement that a court or CSEA has determined the obligor to be in default under a child support order. The CSEA may include in the notice additional actions that the obligor must take to avoid license suspension and any time frames by which the actions must be taken.

(C) When the CSEA elects to proceed with the referral for suspension, the CSEA shall send to the secretary of the board of commissioners on grievances and discipline of the supreme court and to either the disciplinary counsel or the president, secretary, and chairperson of each certified grievance committee the following:

(1) A notice listing the name and social security number or other identification number of the obligor and requesting the suspension of the obligor’s license to practice law; and

(2) A certified copy of the court or agency determination of default.

(D) License reinstatement.

(1) The CSEA shall send an electronic notice through the support enforcement tracking system (SETS) or, when an electronic notice is not available, a JFS 04042, “Notice to Reinstate/Reissue a License” (rev. 06/2008), to the secretary of the board of commissioners on grievances and discipline of the supreme court and to either the disciplinary counsel or the president, secretary, and chairperson of each certified grievance committee to which it sent a notice described in paragraph (C) of this rule, within seven days of:

(a) Determining that the obligor is no longer in default; or

(b) Issuing a withholding or deduction notice or a new or modified child support order to collect current support or any arrears due under the child support order that was in default and the obligor is complying with that notice or order.

When the court made the determination of default, the CSEA shall include with the electronic notice or JFS 04042 a certified copy of the judgment entry reversing the determination of default.

(2) When the CSEA determines that the referral for the suspension a license to practice law was issued in error, the CSEA shall immediately issue a JFS 04038, “Notice of Correction of License Suspension” (rev. 12/2007), to the secretary of the board of commissioners on grievances and discipline of the supreme court and to either the disciplinary counsel or the president, secretary, and chairperson of each certified grievance committee.

(E) The CSEA shall describe the procedures used to submit an obligor to the Ohio supreme court to suspend, refuse, or deny to renew a license to practice law and to reinstate a license to practice law in the CSEA’s procedural manual. When the CSEA elects to create the notice described in paragraph (B)(2) of this rule, the CSEA shall maintain a copy of the notice in the CSEA’s procedural manual.

Replaces: 5101:12-55-26

Effective: 06/15/2008

R.C. 119.032 review dates: 06/01/2013

Promulgated Under: 119.03

Statutory Authority: 3125.25

Rule Amplifies: 3125.03, 4705.021

Prior Effective Dates: 1/1/06, 5/15/08

(A) In accordance with section 3770.071 of the Revised Code, the Ohio lottery commission (OLC) is required to stipulate that each person entitled to a lottery prize award with a value of six hundred dollars or more must affirm in writing and under oath whether or not the person is in default under a support order. OLC may take any additional steps to determine if the person entitled to the prize award is in default under a support order.

(B) When the person is in default under a support order and is entitled to a prize award with a value of six hundred dollars or more, OLC will:

(1) Temporarily withhold payment of the prize award; and

(2) Notify the office of child support (OCS) within the Ohio department of job and family services of the following:

(a) The name of the person entitled to the prize award;

(b) The address and social security number of the person entitled to the prize award;

(c) The amount of the prize award; and

(d) When the prize award is to be paid in annual installments, the number of installments.

(C) Upon receipt of the information from OLC, OCS will determine whether the person is an obligor that has arrears under a support order being administered by a child support enforcement agency (CSEA).

(1) When the person is not an obligor that has arrears under a support order being administered by a CSEA, OCS will notify OLC that the prize award should be released to the person.

(2) When the person is an obligor that has arrears under one or more support orders being administered by a single CSEA, OCS will provide that CSEA with the information received from OLC and the date OCS received the information from OLC. When the person is an obligor who has more than one support order and those support orders are administered by more than one CSEA, OCS will provide each CSEA with the information received from OLC. OCS will provide the CSEA with the notification described in paragraph

(C)(2) of this rule within five days of the date OCS receives the information from OLC.

(D) When a CSEA receives the information from OCS, the CSEA shall conduct an investigation to determine whether the person entitled to the lottery prize award is an obligor subject to a final and enforceable determination of default.

(1) When the person is not an obligor subject to a final and enforceable determination of default, the CSEA shall notify OLC within fifteen days of the date that OLC sent the notice of the prize award that the person is not subject to a final and enforceable determination of default.

(2) When the person is an obligor subject to a final and enforceable determination of default, the CSEA shall issue a JFS 07071, “State Lottery Prize Award Intercept Directive” (rev. 8/2007), to OLC and issue a copy of the JFS 07071 to the obligor. The CSEA shall issue the JFS 07071 within thirty days of the date that OLC sent the notice of the prize award.

The CSEA shall issue a separate JFS 07071 for each support order under which the obligor is subject to a final and enforceable determination of default.

(E) Upon receiving the JFS 07071 from the CSEA, OLC will:

(1) For one-time prize awards, pay the amount of intercept specified in the JFS 07071 or the prize award, whichever is less, to child support payment central (CSPC) in OCS within thirty days of the date of the JFS 07071.

(2) For prize awards paid in annual installments, pay the amount of intercept specified on the JFS 07071 or the amount of the annual installment, whichever is less, to CSPC on the date the next annual installment is due. When the annual installment does not satisfy the amount specified on the JFS 07071, OLC will pay subsequent annual installments to CSPC until the amount of intercept specified on the JFS 07071 has been paid in full.

(F) For prize awards paid in annual installments:

(1) The CSEA may modify the amount of intercept specified on the original JFS 07071 by issuing an amended JFS 07071 to OLC before the date the next annual installment is due. When the CSEA issues an amended JFS 07071 to OLC, the CSEA shall send a copy of the amended JFS 07071 to the obligor.

(2) Within thirty days of determining that the obligor is no longer in default, the CSEA shall issue a JFS 07070, “Notice to Terminate the State Lottery Prize Award Intercept Directive”

(8/2007), to OLC and issue a copy of the JFS 07070 to the obligor.

(3) When OLC notifies OCS of the pending sale of a prize award by a person to a private entity, OCS shall notify each CSEA with administrative responsibility of the support order. The CSEA may then initiate additional enforcement techniques in accordance with division 5101:12 of the Administrative Code.

Effective: 08/15/2007

R.C. 119.032 review dates: 08/01/2012

Promulgated Under: 119.03

Statutory Authority: 3125.25

Rule Amplifies: 3123.89, 3770.071