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) shall 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.

(1) When the non-requesting party's copy of the JFS 07606, "Administrative Review Notification" (rev. 8/2008), is returned to the CSEA as undeliverable (indicating that the non-requesting party failed to comply with the address reporting requirements specified in the existing support order), the CSEA shall proceed with the guidelines calculation using the requesting party's provided information and, for the non-requesting party, imputed income based on reasonable assumptions.

(2) The requesting party may not dismiss the request for an administrative review on or after the date certain.

(B) 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 shall be the first day of the month following the date certain.

When the non-requesting party's copy of the JFS 07606 is returned to the CSEA as undeliverable (indicating that the non-requesting party failed to comply with the address reporting requirements specified in the existing support order), the date certain shall be preserved.

(C) Within five days of the date the administrative review is conducted, the CSEA shall incorporate the findings and conclusions in the JFS 07724, "Administrative Adjustment Recommendation" (rev. 8/2008), and issue a copy of the JFS 07724 to each party to the child support order by regular mail.

(1) When the non-requesting party's copy of the JFS 07606 is returned to the CSEA as undeliverable (indicating that the non-requesting party failed to comply with the address reporting requirements specified in the existing support order), the CSEA shall not mail the JFS 07724 to either party. Instead, the CSEA shall issue the JFS 01866, "Administrative Review Pending Notice" (rev. 07/2005), to the requesting party within five days of the date certain.

(2) Within three business days of obtaining a valid address for the non-requesting party, the CSEA shall issue the JFS 07724 to both parties by regular mail.

(D) When no party timely objects to the JFS 07724, the CSEA shall, within five days:

(1) When the child support order is a judicial order, submit the JFS 07724 to the court; or

(2) When the child support order is an administrative child support order, issue a JFS 07719, "Administrative Order for Child Support and Medical Support" (rev. 8/2008) to both parties. The CSEA shall incorporate the administrative recommendations in the JFS 07719 and shall issue the JFS 07719 regardless of whether or not the support obligations or medical support provisions are to be adjusted.

(E) Any support order issued as a result of an administrative review shall be subject to the withholding or other deduction notices or orders described in section 3121.03 of the Revised Code.

Replaces: 5101:12-60- 05.4

Effective: 03/01/2009
R.C. 119.032 review dates: 03/01/2014
Promulgated Under: 119.03
Statutory Authority: 3125.25
Rule Amplifies: 3119.60 , 3119.61 , 3119.63 , 3125.03
Prior Effective Dates: 1/1/87 (Emer), 3/20/87, 12/1/87, 3/18/91, 7/15/92, 12/31/93, 1/1/95, 6/21/96, 7/22/96, 1/1/98, 12/1/01, 12/31/90 (Emer), 2/21/91, 9/1/93, 12/1/01, 9/1/05