5101:12-60-70 Waiver and compromise of permanently assigned arrears.

(A) This rule and its supplemental rules describe the process for negotiating a waiver or compromise of permanently assigned arrears.

(B) The following terms apply to this rule and its supplemental rules:

(1) "Compromise" means a written agreement between an obligor and a child support enforcement agency (CSEA) to reduce permanently assigned arrears by an amount certain in exchange for a payment or payments.

(a) A "lump sum compromise" requires the obligor to make a lump sum payment of a specified amount. In exchange, the CSEA reduces permanently assigned arrears by a specified amount.

(b) An "installment plan compromise" requires 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.

(2) "Conditionally assigned arrears" has the same meaning as in rule 5101:12-80-10 of the Administrative Code.

(3) "Current obligation" has the same meaning as in rule 5101:12-80-10 of the Administrative Code.

(4) "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) pursuant to an Ohio works first (OWF) assignment or permanently assigned to ODJFS 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 for medical expenses or genetic testing costs.

(5) "Unreimbursed assistance" has the same meaning as in rule 5101:12-80-09 of the Administrative Code.

(6) "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.

(C) A CSEA may elect to establish a procedure for negotiating a waiver or compromise of permanently assigned arrears. When a CSEA elects to establish such a procedure:

(1) The CSEA director or administrator is authorized to approve a waiver or compromise of permanently assigned arrears in accordance with this rule and its supplemental rules; and

(2) The CSEA shall document the agency's procedure for negotiating a waiver or compromise of permanently assigned arrears in the agency procedural manual.

(3) The CSEA shall include completing and reviewing the JFS 07717, "Determination Regarding Negotiation for a Waiver or Compromise of Permanently Assigned Arrears" (7/2010), as part of the procedure.

(D) A CSEA shall consult with the agency's legal advisor regarding the waiver or compromise of any obligation owed to the CSEA.

(E) Provisions.

(1) No obligor has a right, either explicit or implied, to require the CSEA or ODJFS to waive or compromise permanently assigned arrears.

(2) When a support order has a current obligation, the permanently assigned arrears owed on the support order are not eligible for a waiver.

(3) A compromise shall not alter an obligor's requirement to pay the full monthly support obligation amount owed on the support order.

(4) The waiver of permanently assigned arrears shall not operate to stay the collection of any other arrears or balances. The compromise of permanently assigned arrears shall not operate to stay the collection of any current obligation, other arrears, or balances.

(5) During the period when the obligee is receiving OWF benefits, the amount of permanently assigned arrears that may be waived or compromised shall not exceed the amount of unreimbursed assistance on the case.

(6) The CSEA shall intervene in any known legal action for a waiver or compromise 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.

(7) The CSEA shall not waive or compromise permanently arrears assigned to another state when the other state has not provided the CSEA with written authorization for the waiver or compromise of the permanently assigned arrears.

(8) The CSEA may only issue one waiver per case. There is no limit on the number of compromises a CSEA may issue per case.

(9) An agreed entry for a waiver or compromise of permanently assigned arrears shall only pertain to one case.

(F) When the CSEA receives a court order for a waiver or compromise of conditionally assigned arrears:

(1) The CSEA shall comply with the order unless the CSEA has been notified that 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) 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, 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 offset.

Effective: 10/01/2010
R.C. 119.032 review dates: 10/01/2015
Promulgated Under: 119.03
Statutory Authority: 3125.25
Rule Amplifies: 3125.03 , 3125.24 , 3125.25