Lawriter - OAC - 5101:12-60-50 Termination of support.

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 exist. The 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 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) In accordance with section 3119.87 of the Revised Code, the parent who is the residential parent and legal custodian of a child for whom a child support order is issued or the person who otherwise has custody of a child for whom a child support order is issued immediately shall notify, and the obligor under a child support order may notify, the CSEA administering the child support order of any reason for which the child support order should terminate. Nothing in this paragrah shall preclude a person from notifying the agency that a reason for which a child support order should terminate is imminent. With respect to a court child support order, a willful failure to notify the CSEA as required by section 3119.87 of the Revised Code is contempt of court.

(D) The CSEA shall initiate an administrative termination investigation to determine whether the child support order should terminate when there is a required administrative termination reason. A required 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 the granting of permanent custody of the child to a public children services agency or the termination of parental rights of the obligor through another court action;

(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.

(E) 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.

(F) 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.

(G) 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 (D) of this rule or a termination reason utilized by the CSEA in paragraph ( F) of this rule, the CSEA shall not administratively terminate the child support order. Instead, the CSEA:

(1) Shall 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.

(H) In accordance with section 3119.89 of the Revised Code, the CSEA shall 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.

Effective: 2/11/2019
Five Year Review (FYR) Dates: 10/3/2018 and 02/11/2024
Promulgated Under: 119.03
Statutory Authority: 3119.94, 3125.25
Rule Amplifies: 3119.87, 3119.88
Prior Effective Dates: 08/01/1990, 04/01/1992, 09/01/1993, 12/31/1993, 01/01/1995, 01/01/1998, 08/01/1998, 12/01/1998, 08/01/2003, 10/30/2003, 09/03/2005, 01/01/2006, 11/15/2008, 08/01/2014, 09/01/2016