5101:12-60-70.1 Negotiation for a waiver or compromise of permanently assigned arrears.

(A) An obligor may initiate a negotiation for a waiver or compromise of permanently assigned arrears by submitting a written request to the child support enforcement agency (CSEA).

(B) When making a determination regarding a pending negotiation for a waiver or compromise of permanently assigned arrears, a CSEA:

(1) May require an obligor to submit to the CSEA:

(a) Financial records or other relevant documents that demonstrate past, present, and/or future financial hardship;

(b) Any other information requested by the CSEA or by the office of child support (OCS) within the Ohio department of job and family services; and

(2) Shall:

(a) Complete the JFS 07717, "Determination Regarding Negotiation for a Waiver or Compromise of Permanently Assigned Arrears" (7/2010);

(b) Review documents submitted by the obligor, when applicable; and

(c) Forward via electronic mail a scanned copy of the signed JFS 07717, and scanned copies of any documents submitted by the obligor, to OCS for OCS's approval when the pending negotiation is for a waiver or compromise of permanently assigned arrears of five thousand dollars or more.

The threshold for an installment plan compromise is the total amount of permanently assigned arrears that could be compromised under the terms of the agreement.

(C) Within ten business days of the date OCS receives the JFS 07717 in accordance with paragraph (B)(2)(c) of this rule, OCS will issue a written response to the CSEA. Should OCS not timely respond to the CSEA, the CSEA shall consider the pending negotiation approved.

(D) When an obligor's request to negotiate a waiver or compromise of permanently assigned arrears is denied by the CSEA or OCS, the CSEA shall issue a notice to the obligor that the obligor's request is denied and the reason for the denial.

(E) When an obligor submits a request in accordance with paragraph (A) of this rule and the arrears are assigned to another state, the CSEA shall forward the obligor's request to the other state.

(F) The CSEA shall maintain copies of the documents described in this rule in the obligor's relevant case record.

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