Lawriter - OAC - 5101:12-70-05.11 Forms for intergovernmental case processing.

5101:12-70-05.11 Forms for intergovernmental case processing.

(A) The following forms shall be used in processing interstate cases under the Uniform Interstate Family Support Act (UIFSA)(2008). To the greatest extent practical, the child support enforcement agency (CSEA) shall transmit requests for information and provide requested information through the child support enforcement network (CSENet) or electronic document exchange (EDE). When transmitting information electronically, the CSEA shall provide paper documents if requested by the responding agency.

(1) The OMB 0970-0085 "Child Support Agency Confidential Information Form" shall be used to safeguard the privacy of individuals by providing a means to record personal information on a separate document that is not served on the parties or filed with a tribunal.

(2) The OMB 0970-0085 "Child Support Agency Request for Change of Support Payment Location Pursuant to UIFSA § 319" shall be used by a CSEA to make a request to the state that issued the support order to change the payment location of the order.

(3) The OMB 0970-0085 "Child Support Enforcement Transmittal #1 - Acknowledgment" shall be used to inform the initiating jurisdiction of the responding jurisdiction's receipt of a "Child Support Enforcement Transmittal #1 - Initial Request" and to request any additional information or documentation needed to take further action on the request.

(4) The OMB 0970-0085 "Child Support Enforcement Transmittal #1 - Initial Request" shall be used as a cover letter to refer an interstate case to a responding state's interstate central registry (ICR).

(5) The OMB 0970-0085 "Child Support Enforcement Transmittal #2 - Subsequent Actions" shall be used to request or provide additional information or documents in previously referred cases. The CSEA shall not use the "Child Support Enforcement Transmittal #2-Subsequent Actions" to make an initial referral, only for subsequent communication. This form shall only be used when CSENet functionality is not available with the other agency.

(6) The OMB 0970-0085 "Child Support Enforcement Transmittal #3 - Request for Assistance/Discovery" shall be used to obtain limited assistance with activities such as service of process, discovery, or genetic testing in cases where a tribunal or CSEA of this state may exercise personal jurisdiction over a nonresident. A CSEA that receives a "Child Support Enforcement Transmittal #3 - Request for Assistance/Discovery" requesting limited assistance from another state shall not open a case.

(7) The OMB 0970-0085 "Child Support Locate Request" shall be used to request locate information regarding the parent, employer, wages, or assets of a putative father or obligor. The CSEA shall not send a "Child Support Locate Request" to a state with which Ohio has CSENet quick locate capability. If Ohio has CSENet quick locate capability with a state, the CSEA shall send a CSENet transaction for quick locate to that state as described in rule 5101:12-70-05.10 of the Administrative Code. This form may also be used to request locate information on an obligee since CSENet cannot be used to obtain locate information on obligees.

(8) The OMB 0970-0085 "Declaration in Support of Establishing Parentage" shall be used to supplement the "Uniform Support Petition" to summarize the evidence available to establish parentage. A separate "Declaration in Support of Establishing Parentage" is required for each child for whom parentage is at issue.

(9) The OMB 0970-0085 "General Testimony" shall be used to provide detailed information and evidence available to support the action requested in the "Child Support Enforcement Transmittal #1 - Initial Request."

(10) The OMB 0970-0085 "Letter of Transmittal Requesting Registration" shall be used to request registration of an existing order for enforcement and/or modification. The purpose of the form is to provide specific order information to the responding state. A separate "Letter of Transmittal Requesting Registration" shall be prepared for each order for which registration is being requested.

(11) The OMB 0970-0085 "Notice of Determination of Controlling Order" shall be used to notify the child support agencies and tribunals in other states of a determination of controlling order that has been made by a court in Ohio.

(12) The OMB 0970-0085 "Personal Information Form for UIFSA § 311" shall be used to safeguard the privacy of individuals by providing a means to record personal information on a separate document that may be filed with a tribunal, but should not be filed in a public access file.

(13) The OMB 0970-0085 "Uniform Support Petition" shall be used as a legal pleading to provide the petitioner with a means to request specific action or relief, show enough facts to notify the respondent of the claim being made, and to assert that the responding tribunal has jurisdiction.

(14) The OMB 0970-0152 "Administrative Subpoena" shall be used to subpoena any financial or other information needed to establish, modify, or enforce a support order.

(15) The JFS 01132, "Notice of Lien" (effective or revised effective date as identified in rule 5101:12-70-99 of the Administrative Code) shall be used to request that a lien be placed on property owned by an obligor in a state other than Ohio.

(B) The initiating CSEA shall prepare and send UIFSA petitions consisting of forms described in paragraph (A) of this rule in the combinations listed in paragraphs (B)(1) to (B)(6) of this rule, to the ICR in the responding state for the purpose of requesting child support program actions as follows:

(1) To request the establishment of paternity and support, the initiating CSEA shall send:

(a) The "Child Support Agency Confidential Information Form";

(b) The "Personal Information Form for UIFSA § 311";

(c) The "Child Support Enforcement Transmittal #1 - Initial Request";

(d) The "Uniform Support Petition";

(e) The "Declaration in Support of Establishing Parentage"; and

(f) The "General Testimony."

(2) To request the establishment of a support order, the initiating CSEA shall send:

(a) The "Child Support Agency Confidential Information Form";

(b) The "Personal Information Form for UIFSA § 311";

(c) The "Child Support Enforcement Transmittal #1 - Initial Request";

(d) The "Uniform Support Petition"; and

(e) The "General Testimony."

(3) To request the modification of a controlling order that was issued in a state where the obligee or obligor resides, the initiating CSEA shall send:

(a) The "Child Support Enforcement Transmittal #1 - Initial Request";

(b) The "Uniform Support Petition"; and

(c) The "General Testimony."

(4) To request the registration for modification or the registration for modification and enforcement of a controlling order that was issued in a state other than the state where the obligee or obligor resides, the initiating CSEA shall send:

(a) The "Child Support Agency Confidential Information Form";

(b) The "Personal Information Form for UIFSA § 311";

(c) The "Child Support Enforcement Transmittal #1 - Initial Request";

(d) The "Uniform Support Petition";

(e) The "General Testimony"; and

(f) The "Letter of Transmittal Requesting Registration."

(5) To request the enforcement of a controlling order that was issued in a state where the obligor resides, the initiating CSEA shall send the "Child Support Enforcement Transmittal #1 - Initial Request."

(6) To request the registration for enforcement of a controlling order that was issued in a state other than the state where the obligor resides, the initiating CSEA shall send:

(a) The "Child Support Agency Confidential Information Form";

(b) The "Personal Information Form for UIFSA § 311";

(c) The "Child Support Enforcement Transmittal #1 - Initial Request"; and

(d) The "Letter of Transmittal Requesting Registration."

(C) In addition to the forms described in paragraph (B) of this rule, child support agencies in responding states may require that other documents be included in a UIFSA petition. The CSEA may contact the ICR in the state where the UIFSA petition will be sent to determine whether any additional documents are required.

(D) Forms are available at the office of child support enforcement (OCSE) website under the international resources section, for cases with countries for whom the convention on the international recovery of child support and other forms of family maintenance, concluded at "The Hague" on November 23, 2007, is in effect.

(E) Forms for cases with countries that are "Federal Reciprocating Countries" (FRC) with the United States are available at the OCSE website under the international resources section.

Replaces: 5101:12-70- 05.11

Effective: 3/1/2018
Five Year Review (FYR) Dates: 03/01/2023
Promulgated Under: 119.03
Statutory Authority: 3125.25
Rule Amplifies: 3115.602, 3115.605, 3125.03
Prior Effective Dates: 01/01/1998, 11/01/2000, 03/01/2003, 09/01/2005, 11/01/2011, 07/01/2016