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| Rule |
Rule 5101:12-60-05 | Administrative review and adjustment process.
Effective:
January 15, 2020
(A) This rule and its supplemental rules
describe the procedures for the administrative review and adjustment of child
support orders. The child support enforcement agency (CSEA) shall proceed in
accordance with this rule and its supplemental rules when a IV-D application as
described in paragraph (A) of rule 5101:12-10-01.1 of the Administrative Code
or a IV-D referral as described in paragraph (B) of rule 5101:12-10-01.1 of the
Administrative Code that has been completed and filed with the
CSEA. (B) The following terms and definitions
are applicable to this rule and its supplemental rules: (1) "Adjustment" means a change in the: (a) Amount of a current child support obligation; (b) Amount of an ordered payment on arrears; (c) Amount of a current cash medical support obligation;
or (d) Medical support provision: (i) To provide health
care coverage for the child subject to the child support order; or (ii) To provide cash
medical support; or (iii) For the shared
responsibility of uncovered health care expenses. (2) "Date
certain" means the date on which the administrative review of the child
support order is initially scheduled to be conducted. (3) "Date of the
most recent support order" means the effective date of the last child
support order, which was issued as a result of a calculation using the Ohio
child support guidelines, including a no-change order. (4) "Evidence"
may include but is not limited to: a written statement, letter, or affidavit by
the requesting party or a person with personal knowledge of the circumstances;
a letter or other documentation from the requesting party's current or
past employer, pay stubs, other employment records; written communication from
the state or county department of job and family services documenting the
receipt of or approval of eligibility for public assistance or unemployment
compensation benefits; or any other relevant documentation. (5) "Guidelines" refers to the Ohio child support
guidelines: (a) As set forth in Chapter 3119. of the Revised Code, prior to
March 28; 2019; or (b) As set forth in accordance with rule 5101:12-1-17 of the
Administrative Code, on or after March 28, 2019. (6) "Non-requesting
party" means the person who did not submit the JFS 01849, "Request
for Administrative Review of the Support Order" (effective or revised
effective date as identified in rule 5101:12-60-99 of the Administrative Code),
or, in an administrative review initiated by the CSEA, the
obligor. (7) "Parent"
means a mother or father of the child of the support order. (8) "Party" or
"parties" means the obligee, which may be a caretaker or any
individual or entity with legal or physical custody of the child, and/or the
obligor(s) to a child support order. When a party has a legal guardian or an
authorized representative, the legal guardian or an authorized representative
may submit documentation on behalf of the party. (9) "Review" means an objective
evaluation of information necessary to determine: (a) Child support and cash medical support obligations based on
the application of the guidelines; and (b) Medical support provisions identified in paragraph (B)(1)(d)
of this rule. (C) The CSEA shall use the
guidelines: (1) As set forth in
Chapter 3119. of the Revised Code for administrative reviews initially
scheduled to be reviewed prior to March 28, 2019; or (2) As set forth in
accordance with rules 5101:12-1-17 and 5101:12-45-10 of the Administrative Code
for administrative reviews initially scheduled to be reviewed on or after March
28, 2019; and (3) As a rebuttable
presumption in the administrative review and adjustment of a child support
order. The CSEA shall not deviate from the use of the guidelines in calculating
and recommending a revised amount. (D) When an administrative review
indicates that an adjustment is appropriate, the CSEA shall recommend the
adjustment of the child support order. An adjustment is only appropriate
when: (1) The recommended
amount of a child support obligation or a cash medical support obligation is
more than ten per cent different than the existing obligation; or (2) There is a change in
a medical support provision identified in paragraph (B)(1)(d)(i) or
(B)(1)(d)(ii) of this rule. A change in the medical support provision
identified in paragraph (B)(1)(d)(iii) of this rule alone does not warrant an
adjustment. (E) The CSEA shall only administratively
review and adjust the child support obligation, the cash medical support
obligation, the payment on arrears, and the medical support provisions
identified in paragraph (B)(1)(d) of this rule that may be contained in a child
support order. The CSEA shall not review or adjust other provisions of the
order such as tax exemptions, the allocation of the parental rights and
responsibilities for the care of the child, or spousal support. (F) The CSEA shall not conduct an
administrative review and adjustment on the payment on an arrears only
case. (G) In providing support enforcement program services, including
an administrative review and adjustment, the CSEA and its contracted agents
(e.g., prosecutors, attorneys, administrative officers) represent the best
interests of the state of Ohio and not the recipient of services or the
recipient's personal interest, when that interest is contrary to the
interest of the state of Ohio. (H) Every thirty-six months after the date of the most recent
child support order, the Ohio department of job and family services, office of
child support will issue a JFS 07049, "Notice of Right to Request Review
of Child and Medical Support Order" (effective or revised effective date
as identified in rule 5101:12-60-99 of the Administrative Code), to notify each
party of the right to request an administrative review. The JFS 07049 provides
the parties with the procedures for requesting an administrative review and the
appropriate place and manner in which the request should be made.
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Rule 5101:12-60-05.1 | Initiation of an administrative review.
(A) Every thirty-six months after the
date of the most recent child support order, the child support enforcement
agency (CSEA) with administrative responsibility for the child support order
will initiate an administrative review of a case in which the child is
currently receiving Ohio works first benefits. Unless a court has determined
that a review and adjustment of the child support order is not in the best
interest of the child, the CSEA will presume that an administrative review is
in the best interest of the child. When a caretaker has received a good cause waiver
determination, the CSEA will issue a JFS 01867, "Right to Request an
Administrative Review of the Support Order" (effective or revised
effective date as identified in rule 5101:12-60-99 of the Administrative Code)
to the caretaker. (1) When the caretaker or
the other party to the child support order wants an administrative review, the
CSEA will proceed in accordance with this rule. (2) When neither the
caretaker nor the other party wants an administrative review, the CSEA is not
to proceed with the administrative review. (B) The CSEA will immediately initiate a
review and adjustment : (1) Upon discovery that a
child support order does not include a medical support provision to either
provide health insurance coverage that is reasonable in cost for the child or
to report any available health care coverage to the CSEA or court; (2) When the child
support order was most recently issued or modified more than thirty-six months
prior to a determination pursuant to section 3119.955 of the Revised Code that
a reason exists to redirect the child support order; or (3) When the child
support order was most recently issued or modified less than thirty-six months
prior to a determination pursuant to section 3119.955 of the Revised Code that
a reason exists to redirect the child support order and the CSEA is unable to
determine each parent's obligation that would be subject to
redirection. (C) The CSEA may initiate an
administrative review and adjustment when a child support order was issued or
modified in accordance with section 3119.30 of the Revised Code as that section
existed before the implementation of Amended Substitute House Bill 119 of the
127th General Assembly and: (1) There is a medical
support provision for both parents to report when private health insurance
coverage for the child becomes available; (2) One of the parents
reports that private health insurance coverage for the child has become
available; and (3) A health insurance
obligor has not been identified. (D) Any party may initiate an
administrative review every thirty-six months from the date of the most recent
support order by: (1) Completing and
submitting the JFS 01849, "Request for an Administrative Review of the
Child Support Order" (effective or revised effective date as identified in
rule 5101:12-60-99 of the Administrative Code), to the CSEA. (2) Applying for an
administrative review at the CSEA in the county of residence. When the county
of residence is not the county with administrative responsibility, the CSEA in
the county of residence will transfer the JFS 01849 to the CSEA with
administrative responsibility within two business days of receipt of the JFS
01849. The CSEA with administrative responsibility may request assistance from
the CSEA in the county of residence in obtaining additional information in
order to proceed with the administrative review process. (E) Any party may initiate an
administrative review by submitting the JFS 01849 to the CSEA sooner than
thirty-six months when any of the following circumstances applies: (1) The existing child
support order established a minimum or a reduced child support obligation based
on the guidelines due to the unemployment or underemployment of one of the
parents and that parent is no longer unemployed or underemployed. The
requesting party will provide to the CSEA evidence or information supporting an
allegation of the change in the employment status. (2) Either parent has
become unemployed or been laid off, the unemployment or lay off is beyond the
parent's control, and the unemployment or lay off has continued
uninterrupted for thirty consecutive days. The requesting party will provide to
the CSEA evidence of the unemployment or lay off, including evidence that the
unemployment or lay off is beyond the parent's control. When the amount of
the existing child support obligation was calculated based on the annualized
income of an individual who is employed in a seasonal occupation, and the cause
of the request for a review is a seasonal lay off, then the parent does not
meet the criteria for an administrative review under this
paragraph. (3) Either parent has
become unemployed due to a plant closing or mass lay off as defined in the
Worker Adjustment and Retraining Notification (WARN) Act, 29 U.S.C. 2101 to
2109 (8/4/1988). The administrative review request may only be made after the
worker's last day of employment. The worker's last day of employment
is considered the date of that worker's lay off. The worker will provide
to the CSEA a copy of the notice of the plant closing or mass lay off provided
pursuant to the WARN Act. (4) Either parent has
become permanently disabled, reducing his or her earning ability. The
requesting party will provide to the CSEA verification of receipt of benefits
administered by the social security administration due to the permanent
disability or a physician's complete diagnosis and permanent disability
determination. (5) Either parent has
been institutionalized and cannot pay support for the duration of the
child's minority and no income or assets are available to the parent that
could be levied or attached for support. The requesting party will provide
evidence of the institutionalization and the inability to pay support during
the child's minority. (6) Either parent is
incarcerated and will be for more than one hundred eighty calendar days.
"Incarcerated" has the same meaning as in division (Q) of section
3119.05 of the Revised Code. The requesting party is to provide evidence of the
incarceration. (7) Either parent has experienced a
thirty per cent decrease that is beyond the parent's control, or an
increase in gross income or income-producing assets for a period of at least
six months that can reasonably be expected to continue for an extended period
of time. The requesting party will provide to the CSEA evidence or information
supporting an allegation of a change in status. (8) The child support order is not in
compliance with the guidelines because the child support obligation has
terminated or redirected for one or more children and a support obligation
still exists for a child subject to the support order. (9) In administrative child support
orders over which a court has not taken jurisdiction, to consolidate children
of the same parents for whom a duty of support has been established into a
single administrative child support order that complies with the
guidelines. (10) Any party requests access to
available or improved health care coverage for the child. The requesting party
will provide to the CSEA evidence or information supporting the allegation that
access to new or improved health care coverage is available. (11) Either parent has experienced an
increase or decrease in the cost of child care or ordered health care coverage.
When the newly reported cost of child care or health care coverage would change
the existing support obligation by more than ten per cent, then the parent
meets the criteria for an administrative review. The requesting party will
provide to the CSEA evidence or information supporting an allegation of an
increase or decrease in the cost of health care or child care. When the request
is based on a change in the cost of health care, the requesting party will
provide to the CSEA evidence regarding the total, actual out-of-pocket cost for
health insurance premiums paid for the coverage. (12) The health care coverage that is
currently being provided in accordance with the support order is no longer
accessible or reasonable in cost. The requesting party will provide to the CSEA
evidence or information supporting an allegation that the health care coverage
is no longer accessible or reasonable in cost. (13) The child support order contains a
medical support provision for cash medical support issued prior to March 28,
2019 and the obligor reports that his or her annual gross income is now below
one hundred fifty per cent of the federal poverty level for an individual. The
obligor will provide to the CSEA evidence or information supporting an
allegation that his or her annual gross income is below one hundred fifty per
cent of the federal poverty level for an individual. (14) The obligor is a member of the
uniformed services and is called to active military service for a period of
more than thirty days. (15) An obligor who received a temporary
support order adjustment pursuant to rule 5101:12-60-05.2 of the Administrative
Code has notified the CSEA that the obligor's term of active military
service has ended and has provided written documentation sufficient to
establish that the obligor's employer has violated the Uniformed Services
Employment and Reemployment Rights Act, 38 U.S.C. 4301 to 4333
(10/9/1996). (F) The CSEA will provide a JFS 01849 to
a party requesting an administrative review within three business days of the
request. (G) The CSEA is not to administratively
review or adjust a child support order when any party elects to proceed through
court, either through self-representation or through private counsel, or an
action has been filed with the court by either party that may have an impact on
the administrative review. When a party elects to proceed through the court and
the court subsequently dismisses the action, the CSEA may administratively
review the child support order in accordance with this rule.
Last updated April 3, 2024 at 8:35 AM
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Rule 5101:12-60-05.2 | Initiation of temporary adjustment for certain military members.
Effective:
February 11, 2019
(A) This rule describes the circumstances
under which an obligor who is a member of the uniformed services may request an
administrative review and temporary adjustment of a child support order when
called to active military duty pursuant to section 3119.77 of the Revised Code
and how the child support enforcement agency (CSEA) shall proceed. (B) The following definitions are
applicable to this rule: (1) "Active military
service" means the performance of active military duty by a member of the
uniformed services for a period of more than thirty days. (2) "Uniformed
services" means any reserve component of the armed forces of the United
States or the Ohio organized militia when engaged in full-time national guard
duty for a period of more than thirty days. (C) An obligor in the uniformed services
who is called to active military duty may request an administrative review of a
child support order. The obligor shall complete and submit JFS 01849,
"Request for an Administrative Review of the Child Support Order,"
(effective or revised effective date as identified in rule 5101:12-60-99 of the
Administrative Code). The obligor shall indicate on the JFS 01849 that the
obligor is a member of the uniformed services called to active military service
for a period of more than thirty days and provide with the JFS 01849 any orders
or other appropriate documentation specifying the commencement date of the
active military service and the monthly monetary compensation for that
service. (D) The CSEA shall consider the
obligor's call to active military service as a change of circumstances
substantial enough to require an administrative review of the child support
order. (E) The obligor may designate another
individual to act on behalf of the obligor in the administrative review and
adjustment process by providing the CSEA with a military power of attorney
executed pursuant to 10 U.S.C. 1044b (11/30/1993). The CSEA shall allow the
individual identified in the military power of attorney to act on the
obligor's behalf during the administrative review and provide the
individual with all required administrative review notices. (F) In accordance with section 3119.773
of the Revised Code, when an amount to be paid under a child support order is
adjusted as the result of a request made under this rule, the obligor shall
provide to the CSEA written notice of the date of termination of active
military service. The notice shall be provided no later than the last day of
the month in which the service ended. When an obligor who received a temporary
child support order adjustment pursuant to this rule fails to notify the CSEA
that the term of active military service ended and the obligee or the CSEA has
written documentation that the term of active military service ended, the CSEA
shall end the temporary adjustment order and reinstate the prior amount of
support as of the first day of the month following the date that the active
military service ended. (G) In accordance with section 3119.772
of the Revised Code, when a child support order is adjusted based on an
administrative review completed pursuant to this rule, the adjustment shall
relate back to the date the CSEA sent the notification of administrative
review, or the first day of the month in which the active military service
begins, whichever occurs later. (H) A child support order adjusted under
this rule shall: (1) Revert to the prior
amount of support as of the first day of the month following the date that the
obligor's active military service ends; and (2) Include a statement
that the adjustment will end and the prior amount of support will be reinstated
as of the first day of the month following the date that the active military
service ends, except as otherwise provided in division (C) of section 3119.771
of the Revised Code.
Last updated September 28, 2023 at 9:16 AM
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Rule 5101:12-60-05.3 | The administrative review.
Effective:
February 11, 2019
(A) A child support enforcement agency
(CSEA) shall evaluate a case when it is determined that an administrative
review may be required or a JFS 01849, "Request for an Administrative
Review of the Child Support Order" (effective or revised effective date as
identified in rule 5101:12-60-99 of the Administrative Code), is received. When
the CSEA is required to conduct an administrative review, the CSEA shall
initiate action to adjust the child support order in accordance with the
guidelines. (B) The CSEA is required to conduct an
administrative review when: (1) An administrative
review is required pursuant to paragraph (A) or (B) of rule 5101:12-60-05.1 of
the Administrative Code; (2) Any party to the
child support order requests an administrative review pursuant to paragraph (D)
of rule 5101:12-60-05.1 of the Administrative Code; (3) Any party requests an
administrative review pursuant to paragraph (E) of rule 5101:12-60-05.1 of the
Administrative Code and the requesting party submits sufficient evidence or
information to support such a request; or (4) The obligor requests
an administrative review pursuant to rule 5101:12-60-05.2 of the Administrative
Code and the obligor submits sufficient evidence or information to support such
a request. (C) The CSEA is not required to conduct
an administrative review when: (1) No party resides in
Ohio, unless the request is made in accordance with rule 5101:12-60-05.2 of the
Administrative Code or the parties have consented in a record or open court
that the tribunal in Ohio, may continue to exercise jurisdiction to modify its
order. When the CSEA denies such a request for an administrative review, the
CSEA shall notify the requesting party to contact the IV-D agency in the
requesting party's state of residence. (2) It has been less than
thirty-six months from the date of the most recent child support order and the
CSEA determines that the request for the administrative review is a frequent
request and there is no evidence to support the request. "Frequent
request" is defined as more than one request for an administrative review
per party in a three-month period. When the CSEA denies such a request for an
administrative review, the CSEA shall notify the requesting party of the denial
and the reason for the denial. (3) It has been less than
thirty-six months from the date of the most recent child support order and the
CSEA determines that the requesting party has failed to provide evidence or
information, in accordance with paragraph (E) of rule 5101:12-60-05.1 or
paragraph (C) of rule 5101:12-60-05.2 of the Administrative Code, necessary to
support the administrative review request. When the CSEA denies such a request
for an administrative review, the CSEA shall notify the requesting party or the
person appointed by the obligor as having military power of attorney of the
denial and the reason for the denial. (D) The CSEA shall complete the
evaluation and make a determination of whether an administrative review is
required to be conducted within the following time frames: (1) No later than fifteen
days after the following: (a) The thirty-six month anniversary of the date of the
most recent child support order when the CSEA is required to complete an
administrative review pursuant to paragraph (A) of rule 5101:12-60-05.1 of the
Administrative Code; (b) The date the CSEA identifies that an administrative
review is required pursuant to paragraph (B) of rule 5101:12-60-05.1 of the
Administrative Code; or (c) The date the CSEA receives a JFS 01849 from any party
requesting an administrative review pursuant to paragraph (D) or (E) of rule
5101:12-60-05.1 of the Administrative Code. (2) No later than three
business days after receipt of a JFS 01849 from an obligor requesting an
administrative review pursuant to rule 5101:12-60-05.2 of the Administrative
Code. (E) The CSEA shall conduct the
administrative review within one hundred eighty days of: (1) Receiving a JFS 01849
or locating the non-requesting party, when the most recent child support order
was issued on or before February 10, 2019 (indicating that the order does not
contain notice to the parties pursuant to section 3121.29 of the Revised Code),
whichever occurs later; or (2) Receiving a JFS
01849, when the most recent child support order was issued on or after February
11, 2019 (indicating that the order does contain notice to the parties pursuant
to section 3121.29 of the Revised Code). (F) In accordance with paragraph (E)(1)
or (E)(2) of this rule, the CSEA shall: (1) Determine that the
request for the administrative review does not meet the administrative review
criteria and issue a JFS 07613, "Administrative Adjustment Review Denial
Notice" (effective or revised effective date as identified in rule
5101:12-60-99 of the Administrative Code), to the requesting party that
includes the reason for the denial, or (2) Determine that the
request for the administrative review does meet the administrative review
criteria, then schedule the administrative review in accordance with paragraph
(G)(1)(a) of this rule, and: (a) Conduct the review to determine whether or not the
child support order should be adjusted, or (b) Issue a JFS 01868, "Dismissal of Administrative
Review Request" (effective or revised effective date as identified in rule
5101:12-60-99 of the Administrative Code), to dismiss the scheduled
review: (i) In accordance with
paragraph (G)(2)(b) of this rule, or (ii) At the request of
the requesting party before the date certain. (G) When an administrative review is to
be conducted: (1) The CSEA
shall: (a) Schedule the review for a date that is at least thirty
days in the future; (b) Issue to the last known address of the parents, at
least thirty days before the date certain: (i) A JFS 07606,
"Administrative Adjustment Review Notification" (effective or revised
effective date as identified in rule 5101:12-60-99 of the Administrative Code),
and (ii) A JFS 00593,
"Child Support Financial Affidavit" (effective or revised effective
date as identified in rule 5101:12-60-99 of the Administrative
Code); (c) Issue a JFS 00592, "Caretaker Notification of
Administrative Adjustment Review" (effective or revised effective date as
identified in rule 5101:12-60-99 of the Administrative Code), to the last known
address of the caretaker, if a caretaker exists. (2) The JFS 07606
notifies each parent to provide the CSEA with the information and documents
listed on the JFS 00593 no later than the date of the scheduled review,
pursuant to section 3119.60 of the Revised Code. (a) Should either parent fail to submit the required
information, the CSEA may do either of the following: (i) Request the court of
appropriate jurisdiction of the county in which the agency is located to issue
an order requiring the parent to provide the information as requested;
or (ii) Make any reasonable
assumptions necessary with respect to the information the parent did not
provide to ensure a fair and equitable review of the child support order or
establishment of an administrative order under section 3111.81 of the Revised
Code. (b) When a requesting parent fails to submit the
information in accordance with paragraph (G)(2) of this rule, the CSEA may
issue a JFS 01868 to the parties indicating that the administrative review has
been abandoned by the requesting party. Any party has the right to submit a new
JFS 01849. (c) A caretaker is not required to submit any information
to the CSEA for the administrative review. (3) When the parents wish
to conduct the administrative review sooner than the required thirty day time
period and the CSEA has sufficient information to proceed with an
administrative review, both parents must complete a waiver and submit the
waiver to the CSEA. Upon receipt of the completed waivers, the CSEA shall
conduct the administrative review on a date specified and agreed upon by both
parents and the CSEA. When the parents and CSEA fail to agree upon a date, the
administrative review shall occur on the date certain. (4) It is not necessary
for any party to be present at the administrative review.
Last updated September 28, 2023 at 9:17 AM
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Rule 5101:12-60-05.4 | Calculation and recommendation of a revised order for child and medical support.
(A) On the date the administrative review
is conducted, the child support enforcement agency (CSEA) will calculate the
appropriate amount of the support obligations to be paid under the child
support order in accordance with rule 5101:12-45-10 of the Administrative Code
for orders issued prior to March 28, 2019 or rules 5101:12-1-17 and
5101:12-45-10 of the Administrative Code for orders issued on or after March
28, 2019. (1) When a non-requesting
parent's copy of the JFS 07606, "Administrative Review
Notification" (effective or revised effective date as identified in rule
5101:12-60-99 of the Administrative Code), is returned to the CSEA as
undeliverable (indicating that the non-requesting parent failed to comply with
the address reporting requirements specified in the existing support order),
the CSEA will proceed with the guidelines calculation using information
provided by the other parent, and for the non-requesting parent, imputed income
based on reasonable assumptions. (2) The CSEA will not
dismiss the administrative review on or after the date certain, unless a reason
exists in paragraph (D)(3)(a) of this rule. (B) When a CSEA conducts a review of a
current order, the CSEA will establish or adjust the ordered payment on arrears
in accordance with section 3123.21 of the Revised Code, except that when the
recommended current child support amount is zero dollars, the CSEA will
recommend an ordered payment on arrears of: (1) Fifty dollars for
orders issued prior to March 28, 2019; or (2) Eighty dollars for
orders issued on or after March 28, 2019. (C) Except as stated in rule 5101:12-60-05.2 of the
Administrative Code, when the CSEA recommends an adjustment to the existing
child support order, the effective date of the adjustment will be the first day
of the month following the date certain. (D) Within five days of the date the administrative review is
conducted, the CSEA will incorporate the findings and recommendations in the
JFS 07724, "Administrative Adjustment Recommendation" (effective or
revised effective date as identified in rule 5101:12-45-99 of the
Administrative Code), and issue a copy of the JFS 07724 to the parties to the
child support order by ordinary mail as follows: (1) When the most recent
child support order was filed on or before February 10, 2019, and a
non-requesting parent's copy of the JFS 07606 or a non-requesting
caretaker's copy of the JFS 00592, "Caretaker Notification of
Administrative Adjustment Review" (effective or revised effective date as
identified in rule 5101:12-60-99 of the Administrative Code) is returned to the
CSEA as undeliverable, the CSEA will not mail the JFS 07724 to the parties. The
CSEA will continue with location efforts as described in Chapter 5101:12-20 of
the Administrative Code; (a) Within five days of the date certain, the CSEA will issue the
JFS 01866, "Administrative Review Pending Notice" (effective or
revised effective date as identified in rule 5101:12-60-99 of the
Administrative Code), to the other party or parties; and (b) Within three business days of obtaining a valid address for
the non-requesting party, the CSEA will issue the JFS 07724 to the parties by
ordinary mail. (2) When the most recent child support
order was filed on or after February 11, 2019, the CSEA will issue the JFS
07724 to the parties by ordinary mail. (3) When the CSEA issues
findings and recommendations to redirect the child support order in accordance
with rule 5101:12-60-60.1 of the Administrative Code, and the CSEA initiates an
administrative review in accordance with paragraph (B) of rule 5101:12-60-05.1
of the Administrative Code, the CSEA will not mail the JFS 07724 to the parties
if an objection to the CSEA's findings and recommendations to redirect the
child support order is filed and pending review by the court. The CSEA will
issue the JFS 01866 to the parties and await a final determination by the
court; (a) When the court order denies the redirection or changes
the child support obligation amounts, the CSEA will dismiss the administrative
review and issue a notice of the dismissal to the parties; or (b) When the court order affirms the redirection and does
not change the child support obligation amounts, the CSEA will issue the JFS
07724 to the parties within three business days after the court issues the
final order. (E) When no party timely objects to the JFS 07724, the CSEA will,
within five days: (1) Submit the JFS 07724
to the court when the child support order is a court child support order
or (2) Issue a JFS 07719,
"Administrative Order for Child Support and Medical Support"
(effective or revised effective date as identified in rule 5101:12-45-99 of the
Administrative Code) to the parties when the child support order is an
administrative child support order. The CSEA will incorporate the
administrative recommendations in the JFS 07719 and will issue the JFS 07719
regardless of whether or not the support obligations or medical support
provisions are to be adjusted. (F) Any support order issued as a result of an administrative
review will be subject to the withholding or other deduction notices or orders
described in section 3121.03 of the Revised Code.
Last updated April 3, 2024 at 8:36 AM
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Rule 5101:12-60-05.5 | Notice of hearing rights.
Effective:
February 11, 2019
The JFS 07724, "Administrative Adjustment
Recommendation" (effective or revised effective date as identified in rule
5101:12-45-99 of the Administrative Code), notifies the parties to the child
support order of their right to request an administrative adjustment hearing
and the procedures and time deadlines for requesting the administrative
adjustment hearing. (A) When the order is a court support order, the child
support enforcement agency (CSEA) shall submit the JFS 07724 to the court for
inclusion in a revised court support order unless rany party requests an
administrative adjustment hearing no later than fourteen days after the JFS
07724 is issued. (1) When the existing court support order contains a
deviation granted under section 3119.23 or 3119.24 of the Revised Code or when
any party intends to request a deviation, any party has a right to file for a
court hearing on the revised amount of a support obligation without first
requesting an administrative adjustment hearing. (2) In order to exercise this right, any party must file
the request for a court hearing with the court no later than fourteen days
after the JFS 07724 is issued. (B) When the order is an administrative child support
order, the CSEA shall include the recommendation in an amended administrative
child support order using the JFS 07719, "Administrative Order for Child
Support and Medical Support" (effective or revised effective date as
identified in rule 5101:12-45-99 of the Administrative Code), unless any party
requests an administrative adjustment hearing no later than fourteen days after
the JFS 07724 is issued.
Last updated September 28, 2023 at 9:17 AM
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Rule 5101:12-60-05.6 | CSEA administrative adjustment hearing process.
Effective:
February 11, 2019
(A) The child support enforcement agency
(CSEA) shall schedule and conduct an administrative adjustment hearing in
accordance with this rule when the CSEA determines that any party to the child
support order has submitted a timely request for an administrative adjustment
hearing. (B) Any party may submit to the CSEA a
written request for an administrative adjustment hearing to object to the
recommendations contained in the JFS 07724, "Administrative Adjustment
Recommendation" (effective or revised effective date as identified in rule
5101:12-45-99 of the Administrative Code). (1) In accordance with
division (B) of section 3119.63 of the Revised Code, when the order is a court
support order, the request must be received by the CSEA within fourteen days
after the JFS 07724 is issued. (2) In accordance with
division (A) of section 3119.61 of the Revised Code, when the order is an
administrative child support order, the request must be received by the CSEA no
later than fourteen days after the JFS 07724 is issued. (C) The CSEA shall schedule the
administrative adjustment hearing for a date no later than fifteen days after
the date that the CSEA receives the request. No later than ten days before the
hearing is conducted, the CSEA shall issue the JFS 07602, "Administrative
Adjustment Hearing Notice" (effective or revised effective date as
identified in rule 5101:12-60-99 of the Administrative Code), to each
party's last known address by ordinary mail. (D) The CSEA may grant a request from any
party to participate in the hearing via telephone in appropriate circumstances
as determined by the CSEA. (E) The administrative adjustment hearing
shall be conducted by a licensed attorney or other qualified person designated
by the CSEA director with significant training or experience in conducting
hearings that are subject to court review (hereafter both are referred to as
"designee"). The designee shall not have been involved in the
administrative adjustment recommendations being appealed. The designee shall
not have contact with the parties about the case outside the hearing
process. (F) The CSEA representative who was
involved in the administrative adjustment recommendation being appealed or
other person designated by the CSEA who is familiar with the recommendation
shall be available for the administrative adjustment hearing to explain the
administrative adjustment recommendation, answer relevant questions, and
provide appropriate documentation to support the administrative adjustment
recommendation. (G) The designee shall permit one request
per party for postponement of the originally scheduled administrative
adjustment hearing date. The request must be based on a valid reason, as
determined by the CSEA, and received by the CSEA no later than seven days
before the scheduled date. (1) When the CSEA
approves the request, the CSEA shall reschedule the administrative adjustment
hearing within fifteen days of the original hearing date and issue the JFS
07633, "Rescheduling Administrative Adjustment Hearing Notice"
(effective or revised effective date as identified in rule 5101:12-60-99 of the
Administrative Code), to each party, notifying the parties of the rescheduled
date, time, and location of the administrative adjustment hearing. (2) When the CSEA
determines that no valid reason to postpone the administrative adjustment
hearing has been presented by the party, the CSEA shall issue the JFS 01856,
"Denial of Request to Reschedule Administrative Review and Adjustment
Hearing" (effective or revised effective date as identified in rule
5101:12-60-99 of the Administrative Code), to the requesting
party. (H) The CSEA may deny the request for an
administrative adjustment hearing when: (1) The request for an
administrative adjustment hearing is not made by one of the parties or a
party's authorized representative; (2) The stated reason for
requesting the hearing is unrelated to the administrative adjustment
recommendation; or (3) The request is
untimely. (I) When an administrative adjustment
hearing request is denied, the CSEA shall issue a JFS 07728, "Denial of
Request for an Administrative Adjustment Hearing " (effective or revised
effective date as identified in rule 5101:12-60-99 of the Administrative Code),
to each party by ordinary mail. The JFS 07728 shall indicate the reason(s) for
the denial. (J) At the administrative adjustment
hearing, each party shall be given the opportunity to present evidence and
testimony to support whether the CSEA correctly evaluated the information
relevant to the review. Any party may bring a representative to the hearing.
The designee may exclude any individual who does not have a valid interest in
the proceedings as determined by the designee. The CSEA shall maintain a copy
of all exhibits provided by the parties at the administrative adjustment
hearing. (K) In accordance with section 3123.21 of
the Revised Code, an administrative hearing officer may consider evidence of
household expenditures, income variables, extraordinary health care issues, and
other reasons for a deviation from the twenty per cent presumption on the
ordered payment on arrears. (L) Within ten days of the administrative adjustment
hearing, the CSEA shall issue the JFS 07770, "Administrative Adjustment
Hearing Decision" effective or revised effective date as identified in
rule 5101:12-60-99 of the Administrative Code), to the last known address of
each party by ordinary mail. The designee shall attach to the JFS 07770
findings of fact based upon the evidence presented at the hearing, relevant
citations to the guidelines and other applicable law, a conclusion regarding
the correctness of the administrative adjustment review recommendation under
appeal, and a recommendation regarding the support obligations and medical
support provisions. (M) The JFS 07770 contains the following notices of the
parties' rights to file for a court hearing to object to the
administrative adjustment hearing decision: (1) When the order is a
court support order, the parties may file for a court hearing within fourteen
days of the issuance date of the JFS 07770. (2) When the order is an
administrative child support order, the parties may, within fourteen days of
issuance date of the JFS 07770, initiate an action under section 2151.231 of
the Revised Code in the juvenile court or other court with jurisdiction under
sections 2101.022 and 2301.03 of the Revised Code of the county in which the
mother, father, child, guardian, or custodian of the child
resides. (N) Within fifteen days of receiving a request for or being
notified of a court hearing, the CSEA shall submit the request, when
applicable, the JFS 07724, the JFS 07770, and any attachments to the court. The
CSEA's only requirement is to submit the documents to the court. The CSEA
does not prepare the motion or represent any party at the hearing. (O) The CSEA's legal representative shall primarily
serve an administrative function rather than that of a legal advocate. When a
legal challenge occurs at the court level and the CSEA is requested to appear,
the CSEA shall present to the court the facts from the administrative
adjustment review and hearing to assure that the guidelines were correctly
applied and to explain the JFS 07724.
Last updated September 28, 2023 at 9:17 AM
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Rule 5101:12-60-45 | Continuation of support obligation beyond the child's eighteenth birthday.
Effective:
January 1, 2017
(A) Administrative child support orders. In accordance with section 3119.86 of the Revised Code, support imposed by an administrative child support order shall be continued beyond the child's eighteenth birthday only when the child continuously attends a recognized and accredited high school on a full time basis on and after the child's eighteenth birthday. An administrative child support order shall not remain in effect after the child reaches age nineteen. (B) Court child support orders. (1) In accordance with section 3119.86 of the Revised Code, support imposed by a court child support order shall continue beyond the child's eighteenth birthday only when: (a) The court has determined that the child is mentally or physically disabled and is incapable of supporting or maintaining himself or herself; (b) The child's parents have agreed to continue support beyond the child's eighteenth birthday pursuant to a separation agreement that was incorporated into a decree of divorce or dissolution; or (c) The child continuously attends a recognized and accredited high school on a full time basis on and after the child's eighteenth birthday. (2) In accordance with section 3119.86 of the Revised Code, a court child support order shall not remain in effect after the child reaches nineteen years of age unless the order provides that the duty of support continues after the child reaches age nineteen under the circumstances described in paragraph (B)(1)(a) or (B)(1)(b) of this rule. (3) In accordance with section 3119.86 of the Revised Code, when a court incorporates a separation agreement described in paragraph (B)(1)(b) of this rule into a decree of divorce or dissolution, the court may not require the duty of support to continue beyond the date the child's parents have agreed support should terminate.
Last updated October 12, 2023 at 11:12 AM
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Rule 5101:12-60-50 | Termination of support.
(A) This rule and its supplemental rules
describe how the child support enforcement agency (CSEA) with administrative
responsibility for a child support order administratively terminates the
current child support obligation and the medical support provisions when a
required or optional administrative termination reason exists. The CSEA will
proceed in accordance with this rule and its supplemental rules when a IV-D
application as described in paragraph (A) of rule 5101:12-10-01.1 of the
Administrative Code or a IV-D referral as described in paragraph (B) of rule
5101:12-10-01.1 of the Administrative Code has been completed and filed with
the CSEA. (B) Definitions. The following definitions, unless otherwise
noted, apply to rules in division 5101:12 of the Administrative Code: (1) "Age of
majority" has the same meaning as in section 3109.01 of the Revised
Code. (2) "Child support
order" has the same meaning as in section 3119.01 of the Revised Code. For
the purposes of this rule and its supplemental rules, "child support
order" includes medical support provisions contained in the child support
order. (3) "Overpaid child
support" has the same meaning as in rule 5101:12-50-20 of the
Administrative Code. (C) The CSEA will initiate an administrative termination
investigation to determine whether the child support order should terminate
when there is an administrative termination reason. An administrative
termination reason includes all of the following: (1) The child attains the
age of majority if the child no longer attends an accredited high school on a
full-time basis and the child support order requires support to continue past
the age of majority only if the child continuously attends a high school after
attaining that age; (2) The child ceases to
attend an accredited high school on a full-time basis after attaining the age
of majority, if the child support order requires support to continue past the
age of majority only if the child continuously attends such a high school after
attaining that age; (3) A termination
condition specified in the court child support order has been met for a child
who reaches nineteen years of age; (4) The child's
death; (5) The child's
marriage; (6) The child's
emancipation; (7) The child's
enlistment in the armed services when the child no longer attends an accredited
high school on a full-time basis; (8) The child's
deportation; (9) A change of legal
custody of the child, which includes but is not limited to: (a) The granting of permanent custody of the child to a
public children services agency (PCSA); and (b) The termination of parental rights of the obligor
through another court action; and (c) The obligee's death, unless pursuant to section
3119.955 of the Revised Code the CSEA has determined that any reason exists for
which the child support order should be redirected to a caretaker. (10) The child's
adoption; (11) The obligor's
death; (12) The grandparent to
whom support is being paid or a grandparent who is paying support reports that
the grandparent's support order should terminate as a result of one of the
events described in division (D) of section 3109.19 of the Revised Code;
or (13) Marriage of the
obligor under a child support order to the obligee, if the obligor and obligee
reside together with the child. (D) Pursuant to division (B) of section 3119.88 of the
Revised Code a court may also terminate an order for any other appropriate
reasons brought to the attention of the court, unless otherwise prohibited by
law. (E) The CSEA may elect to initiate an administrative
termination investigation to determine whether the child support order should
terminate when: (1) There is an
administrative child support order and a court child support order has been
issued that involves the same parties and child; or (2) A court makes a controlling order
determination and the controlling order is not the administrative child support
order or court support order that the CSEA is responsible for
enforcing. (F) When the obligor or obligee requests the CSEA to
terminate the child support order and the reason for terminating the child
support order is not one of the administrative termination reasons listed in
paragraph (C) of this rule or a termination reason utilized by the CSEA in
paragraph (E) of this rule, the CSEA will not administratively terminate the
child support order. Instead, the CSEA: (1) Will issue a JFS
07521, "Results of Support Order Termination Investigation"
(effective or revised effective date as identified in rule 5101:12-60-99 of the
Administrative Code), to the last known address of the person who requested the
termination of the child support order. (2) May elect but is not
required to assist the person with filing the action to terminate the child
support order with the appropriate court. (G) In accordance with section 3119.89 of the Revised Code,
the CSEA will not conduct an administrative review and adjustment of the child
support order for any other children subject to the child support order until a
final administrative or judicial order has been issued regarding the
administrative termination investigation's findings and
recommendations.
Last updated May 1, 2024 at 8:58 AM
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Rule 5101:12-60-50.1 | Administrative termination investigation, findings and recommendations, and impounding support.
(A) Administrative termination
investigation. (1) The child support
enforcement agency (CSEA) will complete an administrative termination
investigation and issue findings and recommendations regarding whether the
child support order should terminate within twenty days of the date the CSEA is
notified by either the obligee or obligor or becomes aware that: (a) An administrative termination reason as described in
paragraph (C) of rule 5101:12-60-50 of the Administrative Code has occurred or
is expected to occur on a certain date; (b) An administrative termination reason described in
paragraph (E) of rule 5101:12-60-50 of the Administrative Code exists and the
CSEA elects to proceed with the administrative termination
process. (2) During the administrative termination
investigation, the CSEA will determine: (a) Whether any administrative termination reason
exists. When the CSEA investigation results indicate
that any of the administrative termination reasons do not exist, the CSEA will
issue a JFS 07521, "Results of Support Order Termination
Investigation" (effective or revised effective date as identified in rule
5101:12-60-99 of the Administrative Code), to the last known address of the
person who requested the termination of the child support order. (b) Whether there are other minor children subject to the child
support order. When the CSEA determines that there are other
minor children subject to the child support order, the CSEA will calculate a
revised amount of child support and cash medical support for the other minor
children as follows: (i) When the child
support order is computed using a sole residential parent or shared parenting
computation worksheet, divide the child support and the cash medical support
due annually or monthly under the order by the number of children who are the
subject of the order; then, subtract the amount due for the child for whom the
order should be terminated from the total child support and cash medical
support amount due annually or monthly. (ii) When the child
support order is computed using a split parental rights computation
worksheet: (a) The CSEA will divide
the annual or monthly obligation for the non-residential parent of the child
for whom support is being terminated by the number of children in the other
party's custody contained on the existing child support guidelines
worksheet. Next, subtract the amount due for the child for whom the order
should be terminated from the total child support amount due annually or
monthly under a revised child support payment order. This revised amount of
support will then be offset against the other party's support obligation
to calculate the revised child support for inclusion in the order. The
calculation may result in a new obligor for payment of the child support
order. (b) If the calculation in
paragraph (A)(2)(b)(ii)(a) of this rule results in a new child support obligor
this individual also becomes the cash medical obligor: if the obligor has not
changed this paragraph still refers to the existing cash medical obligor. When
cash medical support has been ordered the CSEA will compare the cash medical
obligor's cash medical support maximum from the existing child support
guidelines worksheet with the current United States department of agriculture
(USDA) table for the number of children in the other party's custody. The
CSEA will use the lesser amount as the obligation for cash medical
support. (c) Whether the obligor owes any arrears or other
balances. (d) Whether the CSEA believes it is necessary to continue income
withholding or income deduction for the other minor children or arrears
payment. (e) Whether amounts paid pursuant to the child support order
being investigated should be impounded because the continued receipt and
disbursement would lead to an overpayment by the obligor to the
obligee. (f) Whether an overpayment has been made to the obligee, the Ohio
department of job and family services (ODJFS), the Ohio department of medicaid
(ODM), a public children services agency (PCSA), or the CSEA. (B) Findings and recommendations for an
administrative child support order. (1) When the child
support order is an administrative child support order and the administrative
termination investigation results indicate that an administrative termination
reason exists, the CSEA will: (a) Prepare the JFS 07522, "Findings and
Recommendations to Terminate the Administrative Child Support Order"
(effective or revised effective date as identified in rule 5101:12-60-99 of the
Administrative Code); (b) File the JFS 07522 with the administrative child
support record; (c) Issue copies of the JFS 07522 to the obligee and
obligor at their last known addresses; and (d) When the obligee or obligor are deceased and the CSEA
has identified that an action has been commenced to probate the estate of the
decedent, issue a copy of the JFS 07522 to the administrator or executor of the
estate. (2) When the CSEA
determines that ODJFS, ODM, a PCSA, or the CSEA has been or will be overpaid by
the obligor, the CSEA will recommend that the amount overpaid be disbursed to
the appropriate person. (C) Findings and recommendations for a
court child support order. (1) When the child
support order is a court support order and the administrative termination
investigation results indicate that an administrative termination reason
exists, the CSEA will: (a) Compile findings and recommendations . (b) Issue or request the clerk of courts to issue copies of
the findings and recommendations to the obligor and obligee at their last known
addresses; and (c) When the obligee or obligor are deceased and the CSEA
has identified that an action has been commenced to probate the estate of the
decedent, issue a copy of the findings and recommendations to the administrator
or executor of the estate. (2) Include in the findings and
recommendations a finding that states the reason for which the child support
order and medical support provisions should terminate, a recommendation that
the child support order and medical support provisions be terminated, and the
effective date of the termination of the child support order and medical
support provisions. In addition, the CSEA will include in the findings and
recommendations the following: (a) When there are other minor children subject to the
order: (i) A finding of whether the child support order should
continue for other minor children subject to the order; and (ii) When the CSEA finds that the child support order should
continue, a recommendation that the child support order should continue for the
other minor children and, in accordance with paragraph (A)(2)(b) of this rule,
the amount of child support that should be paid for the other minor
children. (b) When continued payment and disbursement of payments
paid pursuant to the child support order that will be terminated will likely
result in an overpayment or an increase in an existing
overpayment: (i) A finding that continued payment and disbursement of
payments will likely result in an overpayment or increase an existing
overpayment; and (ii) A recommendation that the support be impounded and that
all impounded funds be disbursed to the appropriate person by the CSEA after
the child support order has been terminated. (iii) When the CSEA determines that ODJFS, ODM, a PCSA, or
the CSEA has been overpaid, the CSEA will recommend that the amount overpaid be
disbursed to the appropriate person. (c) When the obligor owes arrears or other
balances: (i) A finding of the amount of arrears or other balances
owed by the obligor and the date of the calculation; and (ii) A recommendation that the obligor be ordered to pay a
monthly arrears payment amount that is compliant with sections 3121.36 and
3123.14 of the Revised Code, unless the obligor is deceased. (d) When amounts are owed for other minor children or for a
payment on arrears, other balances, or other obligations: (i) A finding that amounts are owed for other minor
children or for a payment on arrears, other balances, or other obligations;
and (ii) A recommendation to initiate or continue income
withholding or deduction, unless the obligor is deceased. (e) When amounts are not owed for other minor children or
for a payment on arrears, other balances, or other obligations; or the obligor
is deceased: (i) A finding that amounts are not owed for other minor
children or for a payment on arrears, other balances, or other obligations; or
the obligor is deceased; and (ii) A recommendation to terminate income withholding or
deduction. (f) When the obligee was overpaid: (i) A finding that the obligee was overpaid, the amount the
obligee was overpaid, and the date through which the overpayment was
calculated; and (ii) The CSEA may elect to include a recommendation that the
obligee repay the amount the obligee was overpaid. (g) The following statements: (i) Both the obligor and obligee have the right to request
an administrative hearing to object to the findings and recommendations
contained in this notice. To request an administrative hearing, submit a
written request for an administrative hearing to the CSEA. The obligor and
obligee have fourteen days after the issuance of the notice containing the
findings and recommendations to submit the written request for an
administrative hearing to the CSEA. When the obligor or obligee requests an
administrative hearing within fourteen days of the issuance of this notice,
which contains the findings and recommendations, no revised court child support
order will be issued. (ii) When neither the obligor nor the obligee requests an
administrative hearing to object to the findings and recommendations, the
findings and recommendations will be submitted to the court for inclusion into
a revised or terminated court child support order with no further court
hearing. (D) Impounding support. (1) When the CSEA is
aware that support is or may be overpaid or that the obligee or obligor is
deceased, the CSEA will impound within the support enforcement tracking system
support paid pursuant to the child support order. (2) When the support
order is an administrative child support order, the CSEA will use the JFS
07523, "Administrative Order to Impound Support"(effective or revised
effective date as identified in rule 5101:12-60-99 of the Administrative
Code). (3) When the support
order is a court support order, the CSEA will prepare an impound order and
include in the impound order the following: (a) The reason the support is being impounded;
and (b) The amount of support that is to be
impounded. (4) The CSEA will have copies of the
impound order, or JFS 07523, as applicable, issued to: (a) The last known addresses of the obligee and
obligor. (b) The administrator or executor of the decedent's
estate when the obligee or obligor is deceased and the CSEA has identified that
an action has been commenced to probate the estate of the
decedent.
Last updated May 1, 2024 at 8:58 AM
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Rule 5101:12-60-50.2 | Administrative termination hearing, court hearing, administrative termination order, and disbursement of impounded funds.
(A) Administrative termination
hearing. (1) The parties have the
right to object to the administrative termination investigation findings and
recommendations within fourteen days after issuance of the findings and
recommendations. (2) When a party timely
requests an administrative termination hearing, the child support enforcement
agency (CSEA) will schedule an administrative termination hearing and issue a
JFS 07525, "Notice of Administrative Termination Hearing"(effective
or revised effective date as identified in rule 5101:12-60-99 of the
Administrative Code), to the parties at their last known
addresses. (a) At the administrative termination hearing, the parties
may: (i) Present testimony and
evidence regarding the findings and recommendations; and (ii) Bring a legal or
personal representative to the hearing. The CSEA may exclude any individual who
is determined by the CSEA not to have a valid interest in the
proceedings. (b) Within fifteen days of the conclusion of the administrative
termination hearing, the CSEA will: (i) When the child
support order is an administrative child support order, prepare a JFS 07526,
"Administrative Termination Hearing Decision"(effective or revised
effective date as identified in rule 5101:12-60-99 of the Administrative Code),
file the JFS 07526 with the administrative child support file, and issue copies
of the JFS 07526 to the last known addresses of the parties. (ii) When the child
support order is a court support order, prepare an administrative hearing
decision and issue copies of the administrative hearing decision to the
parties. (3) The CSEA may deny an
administrative termination hearing request when the request was not received by
the CSEA within fourteen days of the date the JFS 07522, "Findings and
Recommendations to Terminate the Administrative Support Order"(effective
or revised effective date as identified in rule 5101:12-60-99 of the
Administrative Code) is issued. (a) The CSEA will deny an administrative termination hearing
request when: (i) The person requesting
the administrative termination hearing was not a party or the party's
representative; or (ii) The reason the party
requested the administrative termination hearing was not related to the
findings and recommendations contained in the JFS 07522. (b) When the CSEA denies an administrative termination hearing
request, the CSEA will issue the JFS 07524, "Denial of Administrative
Termination Hearing Request"(effective or revised effective date as
identified in rule 5101:12-60-99 of the Administrative Code), to the address of
the person who requested the administrative termination hearing within five
days of the receipt of the request. (B) Court hearing. (1) The parties have the
right to object to the JFS 07526, when the child support order is an
administrative child support order, or the administrative hearing decision,
when the child support order is a court child support order, within fourteen
days of the date the JFS 07526 or administrative hearing decision is issued, as
applicable, by filing an action in one of the following courts: (a) With respect to an administrative child support order, the
juvenile court or other court with jurisdiction under section 2101.022 or
2301.03 of the Revised Code of the county in which the CSEA that issued the
order is located. (b) With respect to a court child support order, in the court
that issued the order or that otherwise has jurisdiction over the
order. (2) When a party timely
requests a court hearing, the CSEA will submit a copy of the findings and
recommendations and the JFS 07526 or administrative hearing decision, as
applicable, to the court within five days of becoming aware of the request for
the court hearing. (C) Administrative termination
order. (1) When no party timely
objects to the JFS 07522 or findings and recommendations, the CSEA
will: (a) When the child support order is an administrative child
support order, prepare a JFS 07527, "Administrative Order to Terminate the
Administrative Child Support Order"(effective or revised effective date as
identified in rule 5101:12-60-99 of the Administrative Code), file the JFS
07527 with the administrative child support record, and issue a copy of the JFS
07527 to the parties at their last known addresses. (b) When the child support order is a court support order,
prepare an order that incorporates the CSEA's findings and recommendations
and file the order and the findings and recommendations with the
court. (2) When no party timely
files a motion to object to the administrative hearing decision or JFS 07526,
the CSEA will: (a) When the child support order is an administrative child
support order, prepare a JFS 07527, file the JFS 07527 with the administrative
child support record, and issue a copy of the JFS 07527 to the parties at their
last known addresses. (b) When the child support order is a court support order,
prepare an order that incorporates the administrative hearing decision; file
the order, the findings and recommendations, and the administrative hearing
decision with the court; and issue or have issued copies of the order that
incorporates the administrative hearing decision to the parties at their last
known addresses. (D) Disbursement of impounded
funds. All funds that have been overpaid to the Ohio
department of job and family services, the Ohio department of medicaid, a
public children services agency, or the CSEA; and all funds that have been
impounded in accordance with the court order or rules 5101:12-80-10 and
5101:12-80-10.1 of the Administrative Code, will be disbursed within ten days
of: (1) The date the CSEA
issues an administrative order terminating the child support order or receives
a journalized court order terminating the child support order; or (2) The effective date of
the child support termination, whichever occurs later. (E) Income withholding or
deduction. (1) When the obligor is
deceased or does not owe any amounts for other minor children, arrears, other
balances, or other obligations, the CSEA will terminate any previously issued
JFS 04047, "Income Withholding for Support" (effective or revised
effective date as identified in rule 5101:12-50-99 of the Administrative Code)
or JFS 04017, "Notice to Deduct Funds for Child and Spousal Support"
(effective or revised effective date as identified in rule 5101:12-50-99 of the
Administrative Code), and issue written notice of the termination by ordinary
mail to the payor or financial institution that was mandated to comply with the
JFS 04047 or JFS 04017. (2) When the obligor owes
any amounts for other minor children, arrears, other balances, or other
obligations, the CSEA will continue any existing withholding or deduction
notice or issue any new withholding or deduction notice pursuant to the entry,
unless the obligor is deceased.
Last updated May 1, 2024 at 8:58 AM
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Rule 5101:12-60-60 | Redirection of support.
(A) This rule and its supplemental rules
describe how the child support enforcement agency (CSEA) with administrative
responsibility for a child support order redirects payments under the support
order. (B) The CSEA is authorized to proceed in
accordance with this rule and its supplemental rules when a IV-D application as
described in paragraph (A) of rule 5101:12-10-01.1 of the Administrative Code
or a IV-D referral as described in paragraph (B) of rule 5101:12-10-01.1 of the
Administrative Code has been completed and filed with the CSEA, and the
application or referral indicates the child is with a caretaker other than the
current payee. (C) Nothing in this rule or its
supplemental rules precludes a CSEA from proceeding in accordance with Chapter
5101:12-45 of the Administrative Code to establish a child support order or to
proceed in accordance with rule 5101:12-60-50 of the Administrative Code and
its supplemental rules to terminate a support order. (D) The following definitions apply to this rule and its
supplemental rules: (1) "Caretaker"
has the same meaning as in section 3119.01 of the Revised Code. (2) "Legal
custody" has the same meaning as in section 2151.011 of the Revised Code
and includes permanent custody or temporary custody. (3) "Payee"
means the person or entity to whom child support payments may be disbursed
under a child support order. (4) "Primary caregiver" means a
person with whom the child resides for at least thirty consecutive days, and
who stands in place of a parent to make decisions regarding the health,
education, support, and welfare of a child. (5) "Public children services
agency" (PCSA) has the same meaning as in section 5153.01 of the Revised
Code. (6) "Redirect"
means a change under an existing child support order requiring payments be
disbursed to a different payee. (E) Within twenty days of receiving a IV-D application or
referral that indicates the child is with a caretaker other than the current
payee, the CSEA will: (1) Identify whether the
child is in the legal custody of a PCSA; and (2) Identify whether the
caretaker is the primary caregiver of the child. (F) When the child is in the legal custody of a PCSA, the
CSEA will consult with the PCSA to identify if it is in the best interest of
the child to redirect the child support order. (G) When the child is not in the legal custody of a PCSA
and is in the placement of a caretaker other than a PCSA, the CSEA will
determine whether the caretaker is the primary caregiver of the
child. (1) When the CSEA
determines that the caretaker is the primary caregiver of the child, the CSEA
will: (a) Determine that a reason exists to redirect support to
the caretaker; and (b) Proceed in accordance with rule 5101:12-60-60.1 of the
Administrative Code. (2) When the CSEA
determines that the caretaker is not the primary caregiver of the child, the
CSEA will: (a) Determine that a reason does not exist to redirect
support to the caretaker; and (b) Issue the JFS 07800, "Results of Investigation to
Redirect the Child Support Order" (effective or revised effective date as
identified in rule 5101:12-60-99 of the Administrative Code) to the last known
address of the person who requested the redirection.
Last updated April 3, 2024 at 8:36 AM
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Rule 5101:12-60-60.1 | Findings and recommendations to redirect the child support order.
(A) Administrative redirection
investigation. (1) The child support
enforcement agency (CSEA) will complete an administrative redirection
investigation and issue findings and recommendations regarding whether the
child support order should be redirected, within twenty days of determining
pursuant to rule 5101:12-60-60 of the Administrative Code that a reason exists
to redirect support to a caretaker. (2) During the
administrative redirection investigation, the CSEA will determine all of the
following: (a) The amount of each parent's obligation under the
existing child support order that may be subject to redirection; (b) Whether any prior redirection has been terminated or
redirected under sections 3119.9531 to 3119.9535 of the Revised
Code; (c) Whether any arrears are owed, and the recommended
payment amount to satisfy such arrears as a pro rata share for each person to
whom arrears are owed; and (d) When more than one child is subject to the existing
child support order, whether the child support order for all or some of the
children will be subject to redirection. (3) When the CSEA
determines that support for fewer than all of the children should be
redirected, the CSEA will determine the pro rata share of the child support
amounts to be redirected, as follows: (a) First, divide the child support and the cash medical
support amounts due monthly under the order by the number of children who are
the subject of the order; (b) Then, subtract the amounts due for the child(ren) for
whom the order should be redirected from the child support and cash medical
support amounts due monthly. (B) Findings and recommendations for an
administrative child support order. (1) When the redirection
investigation results indicate that a reason exists to redirect support, the
CSEA will: (a) Prepare the JFS 07801, "Findings and
Recommendations to Redirect the Administrative Child Support Order"
(effective or revised effective date as identified in rule 5101:12-60-99 of the
Administrative Code); (b) File the JFS 07801 with the administrative child
support record; and (c) Issue copies of the JFS 07801 to all parties at their
last known addresses. (2) Fourteen days after the JFS 07801 is
issued, if no party objects to the JFS 07801 by bringing an action under
section 2151.231 of the Revised Code, the CSEA will issue the JFS 07802
"Administrative Order to Redirect the Administrative Child Support
Order" (effective or revised effective date as identified in rule
5101:12-60-99 of the Administrative Code) to all parties at their last known
addresses. (C) Findings and recommendations for a
court child support order. (1) When the
administrative redirection investigation results indicate that a reason exists
to redirect support, the CSEA will compile findings and recommendations and
issue or request the clerk of courts to issue copies of the findings and
recommendations to all parties at their last known addresses. (2) The CSEA will include in the findings
and recommendations the following: (a) The amount of each parent's obligation under the
existing child support order that may be subject to redirection; (b) Whether any prior redirection has been terminated under
sections 3119.9531 to 3119.9535 of the Revised Code; (c) Whether any arrears are owed, and the recommended
payment amount to satisfy such arrears; (d) When more than one child is subject to the existing
child support order, whether the child support order for all or some of the
children will be subject to redirection; and (e) Notice of the following: (i) That the agency has made a recommendation for a
redirection order under section 3119.9513 of the Revised Code to the court that
has jurisdiction over the child support order; (ii) That any party has the right to object to the
redirection by requesting a hearing with the court that has jurisdiction over
the child support order not later than fourteen days after the recommendation
is issued; (iii) That the recommendation will be submitted to the court
for inclusion in a redirection order, unless a request for a court hearing is
made not later than fourteen days after the recommendation is issued;
and (iv) The effective date of the redirection order as
determined under section 3119.9519 of the Revised Code. (D) Impounding support. (1) As part of the
redirection investigation, the CSEA will immediately impound within the support
enforcement tracking system, support paid pursuant to the child support order;
and (2) When a JFS 07800,
"Results of Investigation to Redirect the Child Support Order"
(effective or revised effective date as identified in rule 5101:12-60-99 of the
Administrative Code) or JFS 07802 is issued by the CSEA or when a CSEA receives
a redirection order from the court, the CSEA will release any impounded funds
to the appropriate person(s).
Last updated April 3, 2024 at 8:36 AM
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Rule 5101:12-60-60.2 | Termination of redirection.
(A) When the child support enforcement
agency (CSEA) receives notice that a caretaker is no longer the primary
caregiver for a child subject to a redirection order, the CSEA will investigate
whether the caretaker to whom support amounts are redirected under the existing
redirection order is still the primary caregiver for the child. (B) When the CSEA determines that the
caretaker to whom support amounts are redirected under the existing redirection
order is still the primary caregiver for the child(ren) of the order, the CSEA
will issue the JFS 07800, "Results of Investigation to Redirect the Child
Support Order" (effective or revised effective date as identified in rule
5101:12-60-99 of the Administrative Code) to the last known address of the
person who requested the redirection. (C) When the CSEA determines that a new
caretaker is the primary caregiver for a child who is the subject of the
redirection order, the CSEA will: (1) Terminate the
existing redirection order or request that the court terminate the redirection
order based on the recommendation, whichever is applicable, pursuant to rule
5101:12-60-60.1 of the Administrative Code; and (2) Direct the new
caretaker to file an application for Title IV-D services under section 3119.951
of the Revised Code, unless the CSEA has received a IV-D referral for the
caretaker and child. (D) When the CSEA determines that a
parent of the child who is the subject of a redirection order is the primary
caregiver of the child, the CSEA will: (1) Terminate the
redirection order based on the recommendation, whichever is applicable,
pursuant to rule 5101:12-60-60.1 of the Administrative Code, when the parent is
the obligee or obligor. (2) Notify the obligor of
the right to request the child support order to be: (a) Terminated pursuant to section 3119.87 of the Revised
Code; or (b) Administratively reviewed by completing and submitting
the JFS 01849, "Request for an Administrative Review of the Child Support
Order" (effective or revised effective date as identified in rule
5101:12-60-99 of the Administrative Code), to the CSEA. (E) When the CSEA determines that the
child who is the subject a redirection order is not under the care of any known
individual, the CSEA will: (1) Terminate the
existing redirection order or request the court to terminate the redirection
order based on the recommendation, whichever is applicable, pursuant to rule
5101:12-60-60.1 of the Administrative Code; and (2) Make a report under
section 2151.421 of the Revised Code when the CSEA becomes aware of
circumstances indicating that the child may be abused or
neglected. (F) Impounding support. (1) Pursuant to section 3119.9537 of the
Revised Code, the CSEA will impound within the support enforcement tracking
system, support paid pursuant to the child support order; and (2) When a JFS 07800 "Results of
Investigation to Redirect the Child Support Order" (effective or revised
effective date as identified in rule 5101:12-60-99 of the Administrative Code)
or JFS 07802 is issued by the CSEA and when a CSEA receives a redirection order
from the court, the CSEA will release any impounded funds to the appropriate
person(s).
Last updated April 3, 2024 at 8:37 AM
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Rule 5101:12-60-70 | Reduction of permanently assigned arrears.
Effective:
January 1, 2017
(A) This rule and its supplemental rules describe the process for a reduction of permanently assigned arrears as a result of an obligor satisfying all the terms and conditions of a waiver, installment plan compromise, lump sum compromise or a family support program. (B) Procedures submitted by a child support enforcement agency (CSEA) for a waiver and compromise program and approved by the office of child support (OCS) prior to the effective date of this rule and its supplemental rules remain valid except to the extent that any provision of the CSEA procedure is inconsistent with the requirements contained in this rule and its supplemental rules. (C) The following definitions apply to this rule and its supplemental rules: (1) "Conditionally assigned arrears" has the same meaning as in rule 5101:12-80-10 of the Administrative Code. (2) "Current obligation" has the same meaning as in rule 5101:12-80-10 of the Administrative Code. (3) "Family support program" means a community-based program, approved or administered by the CSEA, in which an obligor may participate to promote financial and/or family stability. (4) "Family support program agreement" means a written agreement between an obligor and a CSEA in which the obligor participates in a family support program in exchange for the CSEA reducing permanently assigned arrears by an amount certain. (5) "Installment plan compromise" means a written agreement between an obligor and a CSEA to reduce permanently assigned arrears by an amount certain in exchange for the obligor to pay a monthly support amount for a specific time period. In exchange for the obligor's compliance, the CSEA reduces permanently assigned arrears by specific amounts at specific time periods. (6) "Lifetime maximum amount" means the total amount the CSEA is authorized to approve locally to be reduced from permanently assigned arrears on a support enforcement tracking system (SETS) case. (7) "Lump sum compromise" means a written agreement between an obligor and a CSEA to reduce permanently assigned arrears by an amount certain in exchange for a lump sum payment of a specified amount. In exchange for the obligor's compliance, the CSEA reduces permanently assigned arrears by a specified amount. (8) "Permanently assigned arrears" means: (a) Child support, spousal support, past care, or medical support arrears that are permanently assigned to the Ohio department of job and family services (ODJFS) or the Ohio department of medicaid (ODM) pursuant to an Ohio works first (OWF) assignment or permanently assigned to ODJFS, ODM or another state pursuant to an aid to families with dependent children, temporary assistance for needy families, medicaid, or Title IV-E foster care maintenance assignment. (b) Reimbursement owed to ODJFS or ODM for medical expenses or genetic testing cost. (9) "Unreimbursed assistance" has the same meaning as in rule 5101:12-80-09 of the Administrative Code. (10) "Waiver" means a written agreement between an obligor and a CSEA to reduce permanently assigned arrears to an amount certain, including when the amount certain is zero dollars, without requiring a payment in exchange by the obligor.
Last updated October 12, 2023 at 11:16 AM
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Rule 5101:12-60-70.1 | Procedures for a reduction of permanently assigned arrears.
Effective:
January 1, 2017
(A) A child support enforcement agency (CSEA) may elect to establish a procedure for a reduction of permanently assigned arrears that is consistent with rule 5101:12-60-70 of the Administrative Code and its supplemental rules. When a CSEA elects to establish such a procedure, the CSEA shall submit the procedure to the office of child support (OCS) prior to negotiating any agreements for a reduction of permanently assigned arrears. (B) The CSEA shall submit its procedure for a reduction of permanently assigned arrears to OCS for approval when the CSEA: (1) Elects to establish a procedure for a reduction of permanently assigned arrears and does not already have such a procedure; or (2) Amends an approved procedure; or (3) Has an approved procedure which is inconsistent with the requirements in rule 5101:12-60-70 of the Administrative Code and its supplemental rules; or (4) Elects to establish or utilize a family support program that will result in a reduction of permanently assigned arrears in excess of the lifetime maximum amount. (C) A family support program as described in paragraph (B)(4) of this rule, shall include the following: (1) The name of the program; (2) The goal(s) of the program; (3) The obligor's responsibilities in the program; (4) The frequency the CSEA will reduce the permanently assigned arrears on the support enforcement tracking system (SETS) case; (5) The amount that may be reduced from the permanently assigned arrears; and (6) Any other program description requested by OCS. (D) When the CSEA has an approved procedure that is in accordance with paragraph (A) of this rule: (1) The CSEA has the authority to deny any request to reduce permanently assigned arrears. (2) The CSEA director or administrator is authorized to approve, per SETS case, a reduction of permanently assigned arrears up to the lifetime maximum amount of four thousand nine hundred ninety-nine dollars and ninety-nine cents. (a) The calculation of the lifetime maximum amount includes the total of all agreements previously entered into on a case. (b) When a CSEA has a family support program approved by OCS, as described in paragraph (B)(4) of this rule, the CSEA is authorized to exceed the requirement of paragraph (D)(2) of this rule. (E) Any payments collected on a SETS case prior to a CSEA receiving a written request for a reduction of permanently assigned arrears from an obligor or obligor's representative shall not be considered to satisfy any of the terms or conditions of the agreement. (F) The CSEA shall consult with the agency's legal advisor regarding the reduction of any obligation owed to the CSEA. (G) When a SETS case has a current obligation, the permanently assigned arrears owed are not eligible for a waiver. (H) During the period when the obligee is receiving Ohio works first (OWF) benefits, the amount of permanently assigned IV-A arrears that may be reduced shall not exceed the amount of unreimbursed assistance (URA) on the SETS case. (I) The CSEA shall only issue one waiver agreement per SETS case. (J) There is no limit on the number of compromise agreements or family support program agreements a CSEA may issue per SETS case. (1) If any agreement exceeds the lifetime maximum amount as calculated pursuant to paragraph (D)(2) of this rule, the CSEA shall submit the request to OCS as described in paragraph (E)(3) of rule 5101:12-60-70.2 of the Administrative Code. (2) The CSEA and the obligor must satisfy the terms and conditions of the agreement before another agreement can be initiated. (K) The CSEA shall intervene in any known legal action for a reduction of permanently assigned arrears when the CSEA has not been made a party to the action and the action is pending or the appeal period has not lapsed. (L) When the CSEA receives a court order for a reduction of conditionally assigned arrears: (1) The CSEA shall comply with the order unless the CSEA has been notified that the obligor's federal income tax refund offset has been applied to all or part of the conditionally assigned arrears identified in the court order, in accordance with paragraph (D) of rule 5101:12-50-32.6 of the Administrative Code. (2) The CSEA shall immediately take action to preserve for the state the amount of conditionally assigned arrears that are satisfied by the federal income tax refund, when the CSEA has been notified that the obligor's federal income tax refund offset has been applied to the conditionally assigned arrears and the appeal period for the court order has not lapsed.
Last updated October 12, 2023 at 11:16 AM
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Rule 5101:12-60-70.2 | Process for a reduction of permanently assigned arrears.
Effective:
January 1, 2017
(A) A reduction of permanently assigned arrears is a negotiation between the child support enforcement agency (CSEA) and the obligor or obligor's representative. No obligor has a right, either explicit or implied, to require the CSEA or office of child support (OCS) to reduce permanently assigned arrears. (B) An agreement to reduce permanently assigned arrears shall not: (1) Alter an obligor's requirement to pay the full monthly support obligation amount owed on a support order; or (2) Operate to stay the collection of any current obligation, other arrears or balances. (C) An obligor or an obligor's representative shall initiate a negotiation for a reduction of permanently assigned arrears by submitting a written request to the CSEA. (1) The CSEA shall require the obligor or the obligor's representative to submit financial records or other relevant documents to demonstrate financial hardship or other hardship, and any other information requested by the CSEA. (2) When an obligor or obligor's representative fails to submit the required documentation, the CSEA shall deny the request. The obligor or obligor's representative has the right to submit a new request. (3) When an obligor or obligor's representative submits a request and the arrears are assigned to another state: (a) The CSEA shall forward the request to the other state; and (b) The CSEA shall not reduce the permanently assigned arrears to another state when the other state has not provided the CSEA with written authorization for the reduction of the permanently assigned arrears. (D) Upon receipt of the written request as described in paragraph (C) of this rule, the CSEA shall initiate action to negotiate a reduction of permanently assigned arrears. (E) When the CSEA has completed a negotiation for a reduction of permanently assigned arrears, within a reasonable time the CSEA shall: (1) Complete the JFS 07717, "Determination Regarding Negotiation for a Reduction of Permanently Assigned Arrears" (effective or revised effective date as identified in rule 5101:12-60-99 of the Administrative Code). (2) Approve or deny a request for a reduction of permanently assigned arrears as described in paragraph (D) of rule 5101:12-60-70.1 of the Administrative Code; or (3) Recommend approval, and submit to OCS, via electronic mail, scanned copies of the signed JFS 07717, and any documentation submitted by the obligor or the obligor's representative, when the requested amount, if approved, would exceed the lifetime maximum amount as described in paragraph (D)(2) of rule 5101:12-60-70.1 of the Administrative Code. (4) Issue a notice to the obligor when the request for a reduction of permanently assigned arrears is denied by the CSEA or OCS, and provide the reason for the denial. (F) OCS shall acknowledge receipt of the JFS 07717 in accordance with paragraph (E)(3) of this rule. If OCS does not issue a written response within ten business days of acknowledging receipt of the JFS 07717, the CSEA shall consider the pending request as approved. (G) OCS reserves the right to deny a request from a CSEA if OCS determines there is an undue delay of submission of the request. The CSEA may work with the obligor to resubmit a current request. "Undue delay" means a delay in submission of a negotiation contained in a JFS 07717 to OCS in which the information contained in the submission is stale, outdated, or that may have led to a change in position of any participant to the negotiation. (H) The CSEA shall maintain copies of all the documents described in this rule in the obligor's relevant case record as described in rule 5101:12-10-05 of the Administrative Code.
Last updated October 12, 2023 at 11:16 AM
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Rule 5101:12-60-70.3 | Agreed entry for a reduction of permanently assigned arrears.
Effective:
January 1, 2017
(A) An agreed entry for a reduction of permanently assigned arrears shall only pertain to one support enforcement tracking system (SETS) case. (B) When a child support enforcement agency (CSEA) or the office of child support (OCS) approves a request for a reduction of permanently assigned arrears, the CSEA shall prepare and issue to the obligor: (1) A JFS 07718, "Administrative Agreed Entry for a Reduction of Permanently Assigned Arrears" (effective or revised effective date as identified in rule 5101:12-60-99 of the Administrative Code) when the support order is an administrative child support order. (2) An agreed entry when the support order is a court order that includes: (a) The effective date of the agreement; (b) The terms and conditions of the agreement: (i) For a waiver, the amount the CSEA shall reduce from permanently assigned arrears. (ii) For a lump sum compromise: (a) The amount the CSEA shall reduce from permanently assigned arrears in exchange for a lump sum payment of a specified amount paid by the obligor; and (b) The date by which the obligor shall make the payment. (iii) For an installment plan compromise: (a) The amount the CSEA shall reduce from permanently assigned arrears for every dollar the obligor pays; and (b) The frequency (daily, monthly, quarterly, etc.) the CSEA will review the obligor's payment history to determine compliance with the agreement. (iv) For a family support program: (a) The name of the program; and (b) The amount the CSEA shall reduce from permanently assigned arrears in exchange for the obligor's successful completion of the program; and (v) The amount the CSEA shall reduce from any balance owed to the CSEA. (c) The following statements: (i) The rights of the obligee shall not be prejudiced by the agreement to reduce the permanently assigned arrears; and (ii) When the agreed entry is a waiver or family support program, and a balance remains on the SETS case, the obligor is still responsible for paying in full the remaining support obligation amount owed, and is still subject to all of the collection and enforcement techniques; or (iii) When the agreed entry is an installment plan compromise, lump sum compromise or family support program, the obligor is still responsible for paying in full the remaining support obligation amount owed on the SETS case, including the current obligation amount, and is still subject to all of the collection and enforcement techniques; and (iv) When the agreed entry is final, neither the obligor nor the CSEA may re-open matters covered by the agreed entry, by court action or otherwise, unless: (a) The obligor fails to comply with the terms and conditions set forth in the agreed entry; or (b) The obligor is believed to have acted with intent to defraud the CSEA by furnishing false information or concealing assets or financial history; or (c) There is a mutual mistake of a material fact sufficient to cause the agreed entry to be reformed or set aside. (C) When the terms and conditions of the court agreed entry or JFS 07718 have been satisfied, the CSEA shall: (1) Reduce the permanently assigned arrears by the amount identified in the agreed entry; and (2) Reduce the unreimbursed assistance (URA) by an amount equal to the amount of permanently assigned arrears that are reduced. (D) The CSEA shall consider whether it is appropriate to initiate an action to reinstate the permanently assigned arrears when: (1) The obligor fails to comply with the terms and conditions set forth in the agreed entry; or (2) The obligor is believed to have acted with intent to defraud the CSEA by furnishing false information or concealing assets or financial history; or (3) There is a mutual mistake of material fact sufficient to cause the agreed entry to be reformed or set aside. (E) The CSEA shall provide any of the following upon request by OCS: (1) A copy of the documents described in paragraph (C)(1) of rule 5101:12-60-70.2 of the Administrative Code; and (2) A copy of the signed JFS 07718 or journalized agreed entry; and (3) Any other documentation, as determined by OCS, of agreements to reduce permanently assigned arrears for support orders administered by the CSEA.
Last updated October 12, 2023 at 11:16 AM
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Rule 5101:12-60-70.4 | Reporting requirements for a reduction of permanently assigned arrears.
Effective:
January 1, 2017
(A) The child support enforcement agency (CSEA) shall utilize the reporting database provided by the office of child support (OCS) to track and maintain a cumulative record of all requests and agreements for a reduction of permanently assigned arrears, regardless of whether the request is approved or denied. (1) Upon approval of a procedure as described in paragraph (B) of rule 5101:12-60-70.1 of the Administrative Code, OCS shall provide the reporting database to a CSEA; or (2) If a CSEA has a previously approved procedure, OCS shall provide the database to the CSEA upon the effective date of this rule. (B) The CSEA shall merge all prior existing records into the OCS provided database. All other CSEA reporting formats shall be obsolete as of the effective date of this rule. (C) The CSEA shall submit the OCS provided database, to OCS quarterly, no later than January thirty first, April thirtieth, July thirty first and October thirty first. (1) The CSEA shall submit the OCS provided database every quarter, even if there are no changes from the previous quarter. (2) If a CSEA fails to submit the OCS provided database and supply the required data, OCS may revoke a CSEA's approved procedure. (D) OCS reserves the right to make changes or updates to the reporting database. OCS will provide the revised version of the reporting database to the CSEA's once it's completed.
Last updated October 12, 2023 at 11:16 AM
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Rule 5101:12-60-70.5 | County initiation of a reduction of permanently assigned arrears.
Effective:
February 1, 2018
(A) This rule describes the process a
child support enforcement agency (CSEA) may use to initiate a reduction of
permanently assigned arrears. (B) The CSEA may initiate a reduction of permanently
assigned arrears on an arrears only support enforcement tracking system (SETS)
case when all of the following conditions exist: (1) All of the arrears
are permanently assigned to the state, as defined in rule 5101:12-60-70 of the
Administrative Code; (2) There has been no
collection received on the SETS case during the past two years;
and (3) There is
documentation in the case record that: (a) All manual and automated location efforts have been
unsuccessful for the past two years; or (b) All enforcement efforts have been unsuccessful for the
past two years. (C) Upon approval of the CSEA, or OCS (when applicable) the
CSEA shall: (1) Prepare and file the
JFS 04057, "Notice to Court or Administrative Case Record of a Reduction
of Permanently Assigned Arrears" (effective or revised effective date as
identified in rule 5101:12-60-99 of the Administrative Code) with the court
when the order is a judicial order, or in the administrative record when the
order is an administrative order; and (2) Issue the JFS 04057
by ordinary, first class mail to the obligor's last known
address. (D) The CSEA shall comply with all other
provisions in rules 5101:12-60-70 to 5101:12-60-70.4 of the Administrative
Code.
Last updated October 12, 2023 at 11:16 AM
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Rule 5101:12-60-99 | Chapter 5101:12-60 forms - order administration.
The forms identified in this rule are referenced
within various rules contained within division 5101:12 of the Administrative
Code. The effective or revised effective dates of the forms are as
follows: (A) JFS 00592, "Caretaker
Notification of Administrative Adjustment Review" (rev.
10/2019); (B) JFS 01849, "Request for an
Administrative Review of the Child Support Order"(rev.
4/2024); (C) JFS 01856, "Denial of Request to
Reschedule Administrative Review and Adjustment Hearing" (rev.
7/2005); (D) JFS 01866, "Administrative
Review Pending Notice" (rev. 4/2024); (E) JFS 01867, "Right to Request an
Administrative Review of the Support Order" (rev. 10/2019); (F) JFS 01868, "Dismissal of
Administrative Review Request" (rev. 2/2019); (G) JFS 04057, "Notice to Court or
Administrative Case Record of a Reduction of Permanently Assigned Arrears"
(4/2022); (H) JFS 07049, "Notice of Right to
Request Administrative Review of Child and Medical Support Order" (rev.
4/2024); (I) JFS 07521, "Results of Support
Order Termination Investigation" (rev. 4/2024); (J) JFS 07522, "Findings and
Recommendations to Terminate the Administrative Child Support Order"(rev.
4/2024); (K) JFS 07523, "Administrative Order
to Impound Support" (rev. 2/2019); (L) JFS 07524, "Denial of
Administrative Termination Hearing Request" (rev. 2/2019); (M) JFS 07525, "Notice of
Administrative Termination Hearing" (rev. 2/2019); (N) JFS 07526, "Administrative
Termination Hearing Decision" (rev. 2/2019); (O) JFS 07527, "Administrative Order
to Terminate the Administrative Child Support Order" (rev.
2/2019); (P) JFS 07602, "Administrative
Adjustment Hearing Notice" (4/1996); (Q) JFS 07606, "Administrative
Adjustment Review Notification" (rev. 10/2019); (R) JFS 07613, "Administrative
Adjustment Review Denial Notice" (rev. 10/2007); (S) JFS 07633, "Rescheduling
Administrative Adjustment Hearing Notice" (rev. 4/1996); (T) JFS 07717, "Determination
Regarding Negotiation for a Reduction of Permanently Assigned Arrears"
(rev. 1/2017); (U) JFS 07718, "Administrative
Agreed Entry for a Reduction of Permanently Assigned Arrears" (rev.
4/2022); (V) JFS 07728, "Denial of Request
for an Administrative Adjustment Hearing " (rev. 2/2019); (W) JFS 07770, "Administrative
Adjustment Hearing Decision" (rev. 2/2019); (X) JFS 07800, "Results of
Investigation to Redirect the Child Support Order" (4/2024); (Y) JFS 07801, "Findings and
Recommendations to Redirect the Administrative Child Support Order"
(4/2024); and (Z) JFS 07802, "Administrative Order
to Redirect the Administrative Child Support Order" (4/2024).
Last updated April 3, 2024 at 1:30 PM
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