Chapter 5101:12-80 CSPC System

5101:12-80-05 Collection and disbursement.

(A) The Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) of 1996, 110 Stat. 2105, 42 U.S.C. 654b , requires all states to operate a state disbursement unit for the purpose of collecting and disbursing support payments from a single physical location. The state disbursement unit must be integrated with a statewide automated child support system.

(B) In accordance with PRWORA and section 3121.43 of the Revised Code, a payment due under a support order shall be collected and disbursed by the support disbursement unit (SDU) in the office of child support (OCS) within the Ohio department of job and family services. SDU, which is integrated with the support enforcement tracking system (SETS), is divided into two operations:

(1) Child support payment central (CSPC), which is responsible for collecting and disbursing payments, and

(2) Payment analysis and account reconciliation (PAAR). PAAR has two sections:

(a) Payment analysis, which is responsible for completing financial corrections, establishing recoupment accounts, issuing manual checks, and processing exception items; and

(b) Account reconciliation, which is responsible for reconciling the accounts used by SDU in providing support enforcement program services, including return deposit items.

(C) The following definitions apply to Chapter 5101:12-80 of the Administrative Code:

(1) "Cover the fiscal impact" means to credit the OCS master concentration account with funds from a make-whole account or from a child support enforcement agency (CSEA) in order to disburse a payment to the correct payee.

(2) "CSEA" means a goverment entity providing support services to clients within a specified county or counties.

(3) "CSPC collection accounts" mean the bank, credit union, or savings and loan association accounts that are used by CSPC for depositing collections received at CSPC.

(4) "Exception item" means a payment that requires additional processing, as described in rule 5101:12-80-05.4 of the Administrative Code, in order to resolve a problem related to the payment.

(5) "Make-whole accounts" mean the bank, credit union, or savings and loan association accounts that are used to reimburse the OCS master concentration account.

(6) "OCS master concentration account" means the bank, credit union, or savings and loan association account that OCS maintains in accordance with section 3121.48 of the Revised Code for the deposit of support payments OCS receives as trustee for remittance to the persons entitled to receive the support payments.

(7) "Post" means to enter a payment in the CSPC automated payment processing system.

(8) "Posting identifiers" mean the five data elements used to post payments. They are the:

(a) SETS case number;

(b) Order or recoupment account number;

(c) Obligor's social security number;

(d) Obligor's name; and

(e) Obligee's name.

(9) "Recoupment account" means a repayment account established by PAAR for the repayment of funds through CSPC.

(10) "Remitter" means any entity or individual (e.g., obligor, obligee, employer, financial institution, third party) that submits a payment to CSPC or a CSEA.

(D) Payments received by CSPC shall be allocated and disbursed according to division 5101:12 of the Administrative Code.

(E) The CSEA shall establish and maintain an e-mail account to serve as the CSEA's central point of contact with SDU for payment-related issues. The CSEA shall:

(1) Name the e-mail account in accordance with the format "county name_financial" (e.g., franklin_financial);

(2) Ensure staff are available to monitor the e-mail account; and

(3) When a response is necessary, reply within one business day of receiving the incoming e-mail from SDU.

(F) The CSEA shall respond to remitter inquiries regarding collection and disbursement.The CSEA shall only direct a remitter to CSPC when:

(1) The remitter wants to enroll in the electronic payment process, or

(2) The remitter has placed a stop payment on a check that has been sent to CSPC.

(G) The remitter may contact CSPC if they have questions about payments currently being processed by CSPC that cannot be resolved by the CSEA.

Effective: 09/15/2013
R.C. 119.032 review dates: 05/16/2013 and 09/01/2018
Promulgated Under: 119.03
Statutory Authority: 3121.71 , 3125.25
Rule Amplifies: 3121.43 , 3121.48
Prior Effective Dates: 10/1/85 (Emer), 1/1/86 (Emer), 4/1/86, 11/15/86, 12/1/87 (Emer), 2/29/88, 6/10/88, 12/20/88, 9/1/89 (Emer), 11/30/89, 8/1/90, 1/1/91, 4/1/92, 6/1/93, 12/1/94, 6/1/95, 7/1/96, 1/1/98, 4/24/00 (Emer), 7/10/00, 10/15/01, 5/8/03, 04/03/05, 01/15/08

5101:12-80-05.1 Collection at the child support enforcement agency.

(A) In accordance with section 3125.29 of the Revised Code, a child support enforcement agency (CSEA) may collect funds from an obligor who makes a payment in person at the CSEA. When an obligor has more than one support order, the CSEA shall ask the obligor to identify what amounts of the payment to apply to the applicable support orders.

(B) For the purposes of this rule, the "CSEA depository account" means the bank, credit union, or savings and loan association account used for the sole purpose of transmitting to child support payment central (CSPC) the payments-in-person received by the CSEA.

(C) A payment mailed to the CSEA by a remitter is not considered a payment-in-person but, instead, is considered a payment misdirected to the CSEA. The CSEA shall forward the misdirected payment and the envelope that contained the misdirected payment to CSPC for processing. The CSEA may mark the date received on the envelope but shall not further mark on the envelope and shall not mark on the misdirected payment.

(1) When an obligor fails to include posting instructions with a misdirected payment, the CSEA may attach a separate document to the misdirected payment that includes any posting identifiers known to the CSEA.

(2) The CSEA shall record the misdirected payment on the JFS 07739, "Child Support Payment Central Check Traveler" (6/2007), and forward the JFS 07739 to CSPC with the misdirected payment.

(D) Each CSEA shall notify the office of child support (OCS) of the CSEA's decision to accept or not accept payments-in-person at the CSEA. The notification must be in writing, signed by the CSEA director or administrator, and shall include:

(1) The county name;

(2) A declaration as to whether the CSEA will accept or not accept payments-in-person; and

(3) When a CSEA elects to accept payments-in-person at the CSEA, the notification shall include the:

(a) Name and address of the financial institution for the CSEA depository account;

(b) CSEA depository account number; and

(c) Routing/transit number of the CSEA depository account.

(E) A CSEA that elects to accept payments-in-person shall:

(1) Maintain a CSEA depository account;

(2) Collect and post payments using procedures in accordance with this rule and based on generally accepted business and accounting practices as authorized under section 117.43 of the Revised Code;

(3) Place a notice in clear view in the area where payments are made that notifies an obligor making a payment that payments made in person at the CSEA after twelve noon may be identified as being made on the next business day;

(4) Ensure adequate funds are available in the CSEA depository account to cover the previous days postings; and

(5) Collect payments for any obligor with a child support case in Ohio regardless of the county of administrative responsibility. The CSEA will either post a payment or forward the payment to CSPC using the JFS 07739 when a payment is received for a case administered by another Ohio CSEA.

(F) Payment posting.

(1) When a payment-in-person is received by twelve noon, the CSEA shall post and approve the payment-in-person by two p.m. on the same business day.

(2) When a payment-in-person is received after twelve noon and by two p.m., the CSEA may post and approve the payment-in-person by two p.m. on the same business day or shall post and approve the payment-in-person by two p.m. on the next business day.

(3) When a payment-in-person is received after two p.m., the CSEA shall post and approve the payment-in-person by two p.m. on the next business day.

(G) The CSEA employee that collects the payment-in-person or posts the payment-in-person shall not be the CSEA employee that approves the payment-in-person for release to CSPC, unless a waiver has been granted by the office of child support enforcement (OCSE).

To obtain the waiver, the CSEA shall submit a waiver request to OCS. OCS will forward the request to the OCSE regional office and notify the CSEA whether OCSE has granted the waiver.

(H) The CSEA shall ensure that every CSEA employee that has access to or control of payments-in-person collected at the CSEA is covered by a bond against loss of payments from employee dishonesty. In accordance with section 329.01 of the Revised Code, each bond shall be for an amount determined by the board of county commissioners, with a surety or bonding company authorized to do business in this state, and deposited with and retained by the county treasurer.

Effective: 09/15/2013
R.C. 119.032 review dates: 05/16/2013 and 09/01/2018
Promulgated Under: 119.03
Statutory Authority: 3121.71 , 3125.25
Rule Amplifies: 117.43 , 329.01 , 3125.29
Prior Effective Dates: 10/1/85 (Emer), 1/1/86 (Emer), 4/1/86, 11/15/86, 12/1/87 (Emer), 2/29/88, 6/10/88, 12/20/88, 9/1/89 (Emer), 11/30/89, 8/1/90, 1/1/91, 4/1/92, 6/1/93, 12/1/94, 6/1/95, 7/1/96, 1/1/98, 4/24/00 (Emer), 7/10/00, 10/15/01, 5/8/03, 4/3/05, 1/15/08

5101:12-80-05.2 Date of collection.

(A) When a payment is received at the child support enforcement agency, the date of collection is the date the payment is posted and approved in the child support payment central (CSPC) automated payment processing system.

(B) The date of collection for internal revenue service (IRS) and Ohio department of taxation (ODT) payments is the date the office of child support (OCS) receives the tax offset file from the federal office of child support enforcement (OCSE) or ODT.

(C) A payment received by CSPC after the financial processing is completed for the day is considered to be received on the next business day.

Replaces: 5101:12-80-05.2

Effective: 09/15/2013
R.C. 119.032 review dates: 09/01/2018
Promulgated Under: 119.03
Statutory Authority: 3121.71 , 3125.25
Rule Amplifies: 3121.43 , 3121.71
Prior Effective Dates: 10/1/85 (Emer), 1/1/86 (Emer), 4/1/86, 11/15/86, 12/1/87 (Emer), 2/29/88, 6/10/88, 12/20/88, 9/1/89 (Emer), 11/30/89, 8/1/90, 1/1/91, 4/1/92, 6/1/93, 12/1/94, 6/1/95, 7/1/96, 1/1/98, 4/24/00 (Emer), 7/10/00, 10/15/01, 5/8/03, 4/3/05, 1/15/08

5101:12-80-05.3 Payment processing and disbursement.

(A) Payment processing involves five steps:

(1) A payment is deposited in a child support payment central (CSPC) collection account and transferred to the office of child support master concentration account.

(2) The payment is posted when the payment contains at least two of the five posting identifiers, as defined in paragraph (C) of rule 5101:12-80-05 of the Administrative Code.

(3) The payment is transferred via electronic file from the CSPC automated payment processing system to the support enforcement tracking system (SETS).

(4) The payment is credited to the corresponding case/order combination or recoupment account in SETS.

(5) The payment is disbursed.

(B) A payment that is not an exception item shall be disbursed:

(1) In accordance with rules 5101:12-50-32 to 5101:12-50-32.10 of the Administrative Code, when the payment is a federal income tax refund offset payment;

(2) Within fifteen days after the end of the month of collection, when the payment is assigned under a Title IV-E foster care maintenance assignment;

(3) Within two business days after the end of the month of collection, when the payment was assigned pursuant to an Ohio works first assignment during the month of collection, the payment is for the amount of funds retained by the state that exceeds the amount of cash assistance paid to the family, and the payment is disbursed to the family; or

(4) Within two business days of the date of collection, for any other payment.

Effective: 09/15/2013
R.C. 119.032 review dates: 05/16/2013 and 09/01/2018
Promulgated Under: 119.03
Statutory Authority: 3121.71 , 3125.25
Rule Amplifies: 3121.43 , 3121.50 , 3123.81 , 3125.03
Prior Effective Dates: 10/1/85 (Emer), 1/1/86 (Emer), 4/1/86, 11/15/86, 12/1/87 (Emer), 2/29/88, 6/10/88, 12/20/88, 9/1/89 (Emer), 11/30/89, 8/1/90, 1/1/91, 4/1/92, 6/1/93, 12/1/94, 6/1/95, 7/1/96, 1/1/98, 4/24/00 (Emer), 7/10/00, 10/15/01, 5/8/03, 04/3/05, 1/15/08

5101:12-80-05.4 Exception item processing and resolution.

(A) The purpose of this rule is to identify the responsibilities of the office of child support (OCS) and the child support enforcement agency (CSEA) to process an exception item in order to disburse the payment.

(B) Unprocessable payment.

(1) An unprocessable payment is a payment that child support payment central (CSPC) is unable to deposit. An unprocessable payment includes, but is not limited to, a check that is not addressed to CSPC, a mutilated check, and a payment made payable to an entity or individual other than CSPC.

(2) CSPC will research an unprocessable payment for up to three business days. When the payment remains unprocessable after three business days, CSPC will mark "void" on the payment and return the payment to the remitter.

(C) Suspense payment.

(1) A suspense payment is a payment that is deposited by CSPC but is not posted. A suspense payment includes, but is not limited to, funds that are to be refunded to the remitter, a payment that does not contain at least two posting identifiers, and/or a balance remains after the obligations have been correctly posted .

(2) CSPC shall or the CSEA may research a suspense payment. When a payment remains in suspense following CSPC research, CSPC will forward the payment to payment analysis and account reconciliation (PAAR) for continued research and resolution.

(a) When the payment is resolved, the payment is posted.

(b) When the payment remains in suspense after four months and is not a return deposit item, PAAR will return the payment to the remitter. When the remitter is unknown, the payment will be held in suspense indefinitely as a permanently unresolved payment.

(D) Unidentified payment.

(1) An unidentified payment is a payment that has been deposited by CSPC and posted but, because of missing or invalid information, cannot be applied to the correct case/order combination or recoupment account. An unidentified payment will display on the unidentified payment list in the support enforcement tracking system (SETS).

(2) The CSEA shall review the unidentified payment list in SETS each business day in order to research and resolve an unidentified payment. Once an unidentified payment is resolved, the CSEA shall apply the payment to the correct case/order combination or recoupment account in SETS.

(E) Misapplied payment.

(1) A misapplied payment is a payment or a portion of a payment that has been deposited by CSPC, posted, and applied to the wrong case/order combination or recoupment account in SETS. A misapplied payment is the result of:

(a) A support disbursement unit (SDU) error, which results from a technical processing error or when the payment posted differs from the instructions provided. .

(b) A CSEA error, which results from a case setup error, a case update delay, an incorrect balance caused by a manual balance adjustment, or when the CSEA provides incorrect posting instructions.

A misapplied payment does not include a remitter error.

(2) The CSEA shall submit through SETS a request to PAAR for a financial correction to resolve a misapplied payment.

(3) PAAR shall complete a financial correction to resolve a misapplied payment when PAAR determines that a financial correction is necessary, either upon receipt of a financial correction request from the CSEA or as a result of research conducted by PAAR. When PAAR denies a financial correction request, PAAR will notify the CSEA of the reason for denial.

(F) Incorrect disbursement.

(1) An incorrect disbursement occurs when a misapplied payment is disbursed.

(2) When an incorrect disbursement is identified, funds shall be transferred from a make-whole account to the OCS master concentration account and a payment shall subsequently be disbursed to the correct payee.

If an incorrect disbursement occurs because of a CSEA error the CSEA shall cover the fiscal impact.

(3) When there is an incorrect disbursement due to a CSEA error, the CSEA shall, within one business day of becoming aware of the error, initiate steps to make funds available to reimburse the make-whole account.

(a) The CSEA shall notify PAAR via e-mail that the process to correct the error has been initiated.

(b) Within thirty days of the date funds are transferred from the make-whole account to the OCS master concentration account, the CSEA shall reimburse the make-whole account by an amount equal to the amount of funds transferred from the make-whole account. Should the CSEA fail to reimburse the make-whole account within the thirty days, OCS will withhold from the monthly summary accounting report check an amount equal to the amount of funds transferred from the make-whole account.

(G) Return deposit item.

(1) A return deposit item (RDI) is a payment that has been deposited and is returned unpaid by the payor's financial institution as a result of situations including, but not limited to, a non-sufficient funds check, a check that lacks endorsement, or a check issued from a closed account.

(2) When CSPC deposits a payment that is subsequently returned unpaid by the remitter's financial institution, CPSC may take action to prevent receiving another RDI from the same remitter. These actions include, but are not limited to, labeling the remitter's account number as a derogatory item, no longer accepting personal or business checks from the remitter, requiring the remitter to make subsequent payments in the form of certified check, money order, or cashiers check, and sending the RDI to the attorney general or a collection agency for recovery.

(3) When the CSEA has knowledge that the remitter has requested or may request a stop payment on a check issued to CSPC the CSEA shall notify CSPC. If the CSEA fails to notify CSPC of a known stop payment the CSEA shall cover the fiscal impact of the RDI.

Effective: 09/15/2013
R.C. 119.032 review dates: 05/16/2013 and 09/01/2018
Promulgated Under: 119.03
Statutory Authority: 3121.71 , 3125.25
Rule Amplifies: 3121.43 , 3121.50 , 3123.81 , 3125.03
Prior Effective Dates: 10/1/85 (Emer), 1/1/86 (Emer), 4/1/86, 11/15/86, 12/1/87 (Emer), 2/29/88, 6/10/88, 12/20/88, 9/1/89 (Emer), 11/30/89, 8/1/90, 1/1/91, 4/1/92, 6/1/93, 12/1/94, 6/1/95, 7/1/96, 1/1/98, 4/24/00 (Emer), 7/10/00, 10/15/01, 5/8/03, 04/3/05, 01/15/08

5101:12-80-05.5 Check replacement.

(A) This rule describes the process to replace a check issued by child support payment central (CSPC) when the check is lost, stolen, destroyed, or mutilated.

(B) When the payee requests a replacement check because the original check was mutilated and the payee submits the mutilated check with the request, the child support enforcement agency (CSEA) shall mark "void" on the mutilated check and fax a copy of the JFS 07741, "Child Support Payment Central (CSPC) Check Void Request" (rev. 11/2010) and the mutilated check to CSPC.

(C) When the payee requests a replacement check because the original check was lost, stolen, or destroyed and the payee does not have the original check, the CSEA shall verify whether the original check has been redeemed. The CSEA shall complete the verification no earlier than fourteen days after the date that the original check was issued.

(1) When the original check is not redeemed, the CSEA shall have the payee complete the JFS 04021, "Affidavit for stop payment" (rev. 12/2002), and the JFS 07749, "Child Support Payment Central (CSPC) Stop Payment Request" (rev. 11/2010). The payee shall have the JFS 04021 notarized and shall return the documents to the CSEA and the CSEA shall submit the documents to CSPC.

(2) When the original check is redeemed, the CSEA shall notify the payee that the original check has been redeemed and is not eligible for replacement.

Effective: 09/15/2013
R.C. 119.032 review dates: 05/16/2013 and 09/01/2018
Promulgated Under: 119.03
Statutory Authority: 3121.71 , 3125.25
Rule Amplifies: 3121.43
Prior Effective Dates: 10/1/85 (Emer), 1/1/86 (Emer), 4/1/86, 11/15/86, 12/1/87 (Emer), 2/29/88, 6/10/88, 12/20/88, 9/1/89 (Emer), 11/30/89, 8/1/90, 1/1/91, 4/1/92, 6/1/93, 12/1/94, 6/1/95, 7/1/96, 1/1/98, 4/24/00 (Emer), 7/10/00, 10/15/01, 5/8/03, 04/3/05, 1/15/08

5101:12-80-05.6 Recoupment.

(A) Recoupment is a process that is used to:

(1) Refund an erroneous payment to the correct payee. An erroneous payment is a payment or a portion of a payment that was issued in error.

(2) Refund overpaid child support to an obligor upon termination of a support order, in response to a request from an obligor for the refund or pursuant to an order. "Overpaid child support" has the same meaning as in rule 5101:12-50-20 of the Administrative Code.

(B) The child support enforcement agency (CSEA) shall not use the recoupment process to:

(1) Return to the obligor a payment that allocates to future monthly obligations when there is an ongoing support obligation.

(2) Recover funds that an obligee received due to an incorrect disbursement in order to issue the funds to the correct obligee.

(C) When an erroneous payment is the result of a remitter error, the remitter is responsible for resolving the error. When the CSEA elects to assist a remitter, via the recoupment process, in recovering a payment issued as a result of a remitter error, the CSEA shall cover the fiscal impact of the remitter error.

(D) When a CSEA covered the fiscal impact of an erroneous payment or a remitter error, the CSEA shall retain the recovered funds for reimbursement.

(E) Upon determining that a recoupment is necessary, the CSEA:

(1) Shall submit the JFS 07031, "Recoupment Account Creation Request" (12/2007), to payment analysis and account reconciliation (PAAR).

(2) Shall issue the JFS 04090, "Notice of Erroneous Payment" (rev. 04/2007), to the person who received the funds, when there is no order requiring the repayment of funds. When a person fails to complete the JFS 04090, the CSEA may recover the funds by filing an action with a court requesting an order for repayment of the amount due.

(3) May issue the JFS 04090 to the obligee when the recoupment is to recover overpaid child support in accordance with rule 5101:12-50-20 of the Administrative Code.

(F) PAAR shall establish a recoupment account when PAAR determines that such an account is necessary, either in response to receiving a JFS 07031 from a CSEA or through PAAR's own research. Upon establishing the recoupment account, PAAR will notify the CSEA that the recoupment account has been established.

(G) A recoupment account shall not be satisfied through the deduction of child support payments unless the obligee has consented to the action via the JFS 04090 or the court has ordered the action.

(H) The CSEA is responsible for the enforcement of the recoupment account. When a person wants to change the terms of an existing JFS 04090, the CSEA shall:

(1) Issue a new JFS 04090 to the person; and

(2) Upon receipt of the new JFS 04090 that has been signed by the person, submit the JFS 07026, "Recoupment Account Maintenance Request" (12/2007), to PAAR.

(I) Financial corrections shall not be utilized to redirect funds from a case/order combination to a recoupment account unless there is a misapplied payment.

When a person consents on the JFS 04090 to apply current support payments due to the person as an obligee in a case/order combination towards repayment on a recoupment account, the payments must first allocate to the case/order combination before disbursing to the recoupment account.

(J) The CSEA shall not use administrative techniques authorized for the purpose of collecting support payments (e.g., income withholding, case establishment in SETS, monetary sub-orders) to enforce a recoupment account.

Replaces: Part of 5101:12-80- 05.6

R.C. 119.032 review dates: 05/28/2013 and 05/01/2018
Promulgated Under: 119.03
Statutory Authority: 3121.71 , 3125.25
Rule Amplifies: 3121.43 , 3123.822
Prior Effective Dates: 10/1/85 (Emer), 1/1/86 (Emer), 4/1/86, 11/15/86, 12/1/87 (Emer), 2/29/88, 6/10/88, 12/20/88, 9/1/89 (Emer), 11/30/89, 8/1/90, 1/1/91, 4/1/92, 6/1/93, 12/1/94, 6/1/95, 7/1/96, 1/1/98, 4/24/00 (Emer), 7/10/00, 10/15/01, 5/8/03, 04/03/05, 1/15/08

5101:12-80-05.7 Interstate cost recovery reporting. [Rescinded].

Rescinded eff 1-15-08

5101:12-80-07 Mandatory electronic disbursement.

(A) In accordance with section 3121.50 of the Revised Code, the office of child support, Ohio department of job and family services, is authorized to issue, and support obligees required to accept the issuance of, support payments by means of electronic disbursement. The purpose of electronic disbursement of support payments is to reduce the time required to deliver support payments to obligees.

(B) "Electronic disbursement" means a form of electronic funds transfer by means of direct deposit to a bank, savings and loan, or credit union account, or transfer to a magnetic strip card, such as a stored-value card.

(C) Issuance of support payments by paper check from the office of child support shall cease as soon as practicable and payments to support obligees shall be delivered by electronic disbursement.

(D) Unless the obligee can establish the existence of circumstances that would render access to funds disbursed by electronic means impossible, a request by an obligee to continue to receive payments by paper check will not be granted.

R.C. 119.032 review dates: 01/12/2011 and 01/01/2016
Promulgated Under: 119.03
Statutory Authority: 3121.50 , 3121.71 , 3125.25
Rule Amplifies: 3121.50 , 3125.03
Prior Effective Dates: 2/9/2006

5101:12-80-09 Unreimbursed assistance.

(A) The unreimbursed assistance (URA) is the total amount of assistance paid to the family that has not been reimbursed from child support and spousal support collections retained by the Ohio department of job and family services pursuant to the assignment of support. This rule describes when assistance paid to the family is to be included in the URA.

(B) Definitions.

(1) The following definitions apply to all rules in division 5101:12 of the Administrative Code.

(a) "Assistance" and "assistance paid to the family" have the same meaning as in action transmittal 99-10 (9/15/1999), which can be located on the federal office of child support enforcement's website.

(b) "Unreimbursed assistance" means the cumulative amount of assistance paid to the family that has not been repaid by retained assigned support collections.

(2) The following definitions apply to this rule:

(a) "Caretaker" means an adult or minor head of household with whom a child who receives Ohio works first (OWF) or medicaid resides but is not the parent of the minor child.

(b) "Family" means a unit of people who receive OWF benefits together. A "family" is either a parent/child family or caretaker/child family, as described in paragraph (C) of this rule.

(c) "Minor child" means, in accordance with section 5107.02 of the Revised Code:

(i) An individual who has not attained the age of eighteen; or

(ii) An individual who has not attained the age of nineteen and is a full-time student in a secondary school or in the equivalent level of vocational or technical training.

(C) OWF URA.

(1) A minor child who resides with a parent and receives OWF benefits is considered a parent/child family, for OWF URA purposes. Any OWF paid to that parent/child family is added to that parent/child family's OWF URA. The parent/child family can also include any of the following:

(a) The parent or parents of the minor child, when the parent or parents receive OWF benefits with that parent/child family.

(b) A sibling, step-sibling, or half-sibling of the minor child, when the sibling receives OWF benefits with that parent/child family.

(c) A minor child of any of the minor children of the family, when that minor child receives OWF benefits with that parent/child family.

(d) A minor child who is temporarily absent from the parent's home, when that minor child continues to receive OWF benefits with that parent/child family.

(2) A minor child who resides with a caretaker and receives OWF benefits is considered a caretaker/child family, for OWF URA purposes. Any OWF paid to that caretaker/child family is added to that caretaker/child family's OWF URA. The caretaker/child family can also include any of the following:

(a) The caretaker of the minor child, when the caretaker receives OWF benefits with that caretaker/child family.

(b) A sibling of the minor child who resides with the family, when the sibling receives OWF benefits with that caretaker/child family.

(c) A minor child of any of the minor children of the family who resides with the family, when that minor child receives OWF benefits with that caretaker/child family.

(3) When any member of the family no longer receives OWF benefits with that family, then that member is no longer included in that family's OWF URA. When that member receives OWF benefits with or as a new family, any OWF paid to the new family is added the new family's OWF URA. Any OWF paid to the original family is not added to the new family's OWF URA.

(D) Title IV-E foster care maintenance (FCM) URA.

(1) When a minor child receives FCM benefits, any FCM paid for that minor child is added to that minor child's FCM URA.

(2) When that child had received OWF benefits with a family before receiving FCM benefits, then the OWF paid to that family is not added to the child's FCM URA. When a child had received FCM benefits before receiving OWF benefits with a family, any FCM benefits paid to the child is not added to the family's OWF URA.

(E) The total amount of URA paid to the family that may be recovered through the IV-D program is limited by the total amount of the assigned support obligation.

Effective: 01/15/2014
R.C. 119.032 review dates: 10/03/2013 and 01/01/2019
Promulgated Under: 119.03
Statutory Authority: 3125.25
Rule Amplifies: 3125.03 , 5107.20
Prior Effective Dates: 12/1/08

5101:12-80-10 Allocation hierarchy for support collections.

(A) All support collections shall allocate according to the standard hierarchy described in this rule except as follows:

(1) When a support collection is received from unemployment compensation, the collection shall not allocate to spousal support, processing charges, or debt.

(2) When a support collection is received from a state income tax refund offset, the collection shall not allocate to processing charges or debt.

(3) When a support collection is received from a federal income tax refund offset, the collection shall allocate in accordance with rule 5101:12-80-10.1 of the Administrative Code.

(B) Unless otherwise noted, the following definitions are applicable to all rules in Chapter 5101:12-80 of the Administrative Code:

(1) "Accrue" means to add the unpaid portion of the current obligation to any previously accumulated arrears.

(2) "Arrears" means the cumulative amount of any unpaid current obligation, unpaid processing charges, and any other debt owed by the obligor.

(3) "Assigned arrears" means:

(a) Child, past care, or spousal support arrears that are assigned to the Ohio department of job and family services (ODJFS) pursuant to a public assistance assignment.

(b) Child support arrears that are assigned to ODJFS pursuant to a Title IV-E foster care maintenance (FCM) assignment.

(c) Medical support arrears that are assigned to ODJFS pursuant to a medicaid assignment.

(4) "Conditionally assigned arrears" means child, past care, or spousal support arrears that accrued before the child or family received public assistance when the assignment was entered into before October 1, 2009.

(a) "Assigned conditionally assigned arrears" means arrears that accrued before the child or family received public assistance and are temporarily assigned to ODJFS while the child or family currently receives public assistance.

(b) "Unassigned conditionally assigned arrears" means the child or family no longer receives public assistance so the arrears are unassigned unless the collection is from a federal tax refund offset. When the collection is from a federal tax refund offset, the arrears are assigned to ODJFS.

(5) "Current obligation" means the amount the obligor is ordered to pay each month for any of the following:

(a) Current child support.

(b) Current spousal support.

(c) Current cash medical support.

(d) Current ongoing medical support.

Current obligation does not include arrears, debt, processing charges, or other charges.

(6) "Debt," for the purposes of this rule and its supplemental rules, means an amount owed by the obligor for any of the following:

(a) Attorney fees.

(b) Court costs.

(c) Filing fees.

(d) Genetic testing costs.

(e) Interest.

(f) Other fees.

(7) "Determination," for the purposes of this rule and its supplemental rules, means the amount of arrears or other debt has been established by the default process as described in Chapter 5101:12-55 of the Administrative Code, court order(s), or other legally-binding process.

A determination is also referred to as an "adjudication."

(8) "Futures" means support collections received that exceed the current obligation and all ordered payments, arrears, debts and balances.

(a) "Assigned futures" means futures that accrue while the family or child receive public assistance or the child receives FCM benefits.

(b) "Unassigned futures" means futures that accrue while the family is not receiving public assistance and the child is not receiving public assistance or FCM benefits.

(9) "Never assigned arrears" means:

(a) Child, past care, or spousal support arrears that accrue while the child or family does not receive public assistance.

(b) Child support arrears that accrue while the child does not receive FCM benefits.

(c) Unassigned pre-assistance arrears.

(10) "Ordered payment" means a monthly payment obligation based upon a determination.

(11) "Past care support" means an amount a court orders pursuant to division (F) of section 3111.13 of the Revised Code for the obligor to pay for the support of a child for the period of time before the establishment of a child support order.

"Past care support" does not include child support arrears that accrue because of failure to pay or because a support order has an effective date that is before the date the support order is journalized.

(12) "Permanently assigned arrears" means:

(a) Child, past care, or spousal support arrears that accrued before or while the child or family received public assistance, when the public assistance assignment was entered into before October 1, 1997.

(b) Child, past care, or spousal support arrears that accrue while the child or family receives public assistance, when the public assistance assignment is entered into on or after October 1, 1997.

(c) In an FCM case:

(i) Child support arrears that accrue while the child receives FCM benefits; and

(ii) Child support arrears that accrued before the child was receiving FCM benefits that are assignable, as described in rule 5101:12-80-14.2 of the Administrative Code.

(13) "Public assistance," means Ohio works first and aid to families with dependent children benefits.

(14) "Unassigned arrears" means arrears that are not assigned pursuant to a public assistance, FCM, or medicaid assignment.

(a) "Unassigned during assistance arrears" means the amount of permanently assigned arrears that exceed the URA amount when the child or family stops receiving public assistance.

Unassigned during assistance arrears do not accrue.

(b) "Unassigned pre-assistance arrears" means the amount of previously assigned arrears that accrued before the family or child received public assistance or before the child received FCM benefits and that exceed the URA amount when:

(i) The child or family stops receiving public assistance; or

(ii) The child stops receiving FCM benefits, in accordance with paragraph (D) of rule 5101:12-80-14.2 of the Administrative Code.

Unassigned pre-assistance arrears are converted to never assigned arrears when public assistance or FCM benefits stop.

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

(C) In accordance with paragraph (A) of this rule, support collections shall allocate:

(1) First to the current obligation in the following order:

(a) Child support;

(b) Spousal support;

(c) Cash medical support;

(d) Ongoing medical support;

(2) Then to ordered payments in the following order:

(a) Child support arrears;

(b) Past care support;

(c) Spousal support arrears;

(d) Cash medical support arrears;

(e) Ongoing medical support arrears;

(f) Reimbursement for birth costs ordered to be paid to ODJFS;

(g) Reimbursement for medical expenses other than birth costs ordered to be paid to ODJFS;

(h) Reimbursement for medical expenses ordered to be paid to an individual other than ODJFS;

(3) Then to processing charges for the current obligation when the case has an active income withholding notice.

(4) Then according to the following hierarchy:

(a) For a case not currently receiving public assistance or FCM benefits:

(i) First to never assigned arrears in the following order:

(a) Child support;

(b) Past care support;

(c) Spousal support;

(ii) Then to unassigned conditionally assigned arrears in the following order:

(a) Child support;

(b) Past care support;

(c) Spousal support;

(iii) Then to permanently assigned arrears in the following order:

(a) Child support;

(b) Past care support;

(c) Spousal support;

(iv) Then to assigned medical support arrears in the following order:

(a) Cash medical support;

(b) Ongoing medical support;

(c) Reimbursement for birth costs ordered to be paid to ODJFS;

(d) Reimbursement for medical expenses other than birth costs ordered to be paid to ODJFS;

(v) Then to unassigned during assistance arrears in the following order:

(a) Child support;

(b) Past care support;

(c) Spousal support;

(vi) Then to unassigned medical support arrears in the following order:

(a) Cash medical support;

(b) Ongoing medical support;

(c) Reimbursement for medical expenses ordered to be paid to an individual other than ODJFS;

(b) For a case currently receiving public assistance or FCM benefits:

(i) First to permanently assigned arrears in the following order:

(a) Child support;

(b) Past care support;

(c) Spousal support;

(ii) Then to assigned conditionally assigned arrears in the following order:

(a) Child support;

(b) Past care support;

(c) Spousal support;

(iii) Then to unassigned conditionally assigned arrears in the following order:

(a) Child support;

(b) Past care support;

(c) Spousal support;

(iv) Then to never assigned arrears in the following order:

(a) Child support;

(b) Past care support;

(c) Spousal support;

(v) Then to assigned medical support arrears in the following order:

(a) Cash medical support;

(b) Ongoing medical support;

(c) Reimbursement for birth costs ordered to be paid to ODJFS;

(d) Reimbursement for medical expenses other than birth costs ordered to be paid to ODJFS;

(vi) Then to unassigned during assistance arrears in the following order:

(a) Child support;

(b) Past care support;

(c) Spousal support;

(vii) Then to unassigned medical support arrears in the following order:

(a) Cash medical support;

(b) Ongoing medical support;

(c) Reimbursement for medical expenses ordered to be paid to an individual other than ODJFS;

(5) Then to processing charges for the current obligation when the case does not have an active income withholding notice;

(6) Then to ordered payments on debt in the following order:

(a) Genetic testing fees;

(b) Court costs;

(c) Filing fees;

(d) Attorney fees;

(e) Other fees;

(f) Interest on unassigned arrears;

(g) Interest on assigned arrears;

(h) Interstate processing fees;

(7) Then to processing charge arrears;

(8) Then to debt in the following order:

(a) Genetic testing fees;

(b) Court costs;

(c) Filing fees;

(d) Attorney fees;

(e) Other fees;

(f) Interest on unassigned arrears;

(g) Interest on assigned arrears;

(h) Interstate processing fees;

(9) Then any remaining funds shall:

(a) Allocate to the current obligation(s) for the future month(s); or

(b) Be issued to the obligor when:

(i) The current obligation has been terminated or the current obligation is zero but collections continue to be received;

(ii) The collection is from an Ohio state income tax refund offset; or

(iii) The collection is from unemployment compensation.

Effective: 05/01/2011
R.C. 119.032 review dates: 10/01/2014
Promulgated Under: 119.03
Statutory Authority: 3119.51 , 3121.71 , 3125.25
Rule Amplifies: 3119.27 , 3119.30 , 3121.07 , 3121.43 , 3121.51 , 3121.56 , 3121.58 , 3123.821 , 3125.03 , 3125.05 , 5101.59 , 5107.20
Prior Effective Dates: 1/1/98, 9/20/01, 9/1/03, 6/15/06, 10/1/09

5101:12-80-10.1 Allocation hierarchy for federal income tax refund offset collections.

(A) A federal income tax refund offset collection shall allocate to arrears that are eligible to be submitted for federal refund tax offset, as described in paragraph (C) of rule 5101:12-50-32.1 of the Administrative Code.

(B) The collection shall allocate according to the following hierarchy:

(1) First to permanently assigned child support arrears;

(2) Then to permanently assigned past care support arrears;

(3) Then to permanently assigned spousal support arrears;

(4) Then to assigned conditionally assigned child support arrears;

(5) Then to assigned conditionally assigned past care support arrears;

(6) Then to assigned conditionally assigned spousal support arrears;

(7) Then to unassigned conditionally assigned child support arrears;

(8) Then to unassigned conditionally assigned past care support arrears;

(9) Then to unassigned conditionally assigned spousal support arrears;

(10) Then to never assigned child support arrears;

(11) Then to never assigned past care support arrears;

(12) Then to never assigned spousal support arrears;

(13) Then to assigned cash medical support arrears;

(14) Then to assigned ongoing medical support arrears;

(15) Then to reimbursement for birth costs ordered to be paid to the Ohio department of job and family services (ODJFS);

(16) Then to reimbursement for medical expenses other than birth costs ordered to be paid to ODJFS;

(17) Then to unassigned during assistance child support arrears;

(18) Then to unassigned during assistance past care support arrears;

(19) Then to unassigned during assistance spousal support arrears;

(20) Then to unassigned cash medical support arrears;

(21) Then to unassigned ongoing medical support arrears;

(22) Then to reimbursement for medical expenses ordered to be paid to an individual other than ODJFS.

(C) Any remaining funds shall be issued to the obligor unless the child support enforcement agency has negotiated an alternative allocation with the obligor.

Replaces: 5101:12-80- 10.1

Effective: 10/01/2009
R.C. 119.032 review dates: 10/01/2014
Promulgated Under: 119.03
Statutory Authority: 3121.71 , 3125.25
Rule Amplifies: 3119.30 , 3121.51 , 3123.81 , 5101.59 , 5107.20
Prior Effective Dates: 1/1/98, 9/20/01, 9/1/03, 6/15/06

5101:12-80-10.2 Prorating support collections.

(A) When the office of child support (OCS) or a child support enforcement agency (CSEA) receives a collection for or from an obligor with more than one support order and there are no instructions included with the collection or remitter instructions cannot be obtained for apportioning the payment between the support orders, OCS or the CSEA shall identify the qualified support orders and prorate the collection. A prorated collection shall be allocated in accordance with rules 5101:12-80-10 and 5101:12-80-10.1 of the Administrative Code.

(B) For the purpose of the calculations described in this rule:

(1) A support order or case without a support order is considered a "qualified" support order when:

(a) The collection is received as a result of a notice of proposed action having been issued to the obligor; or

(b) The obligor makes the support payment and a notice of proposed action has not been issued to the obligor.

(2) "Monthly obligation" means the sum of the current obligation and any ordered payment(s).

(C) Scenarios illustrating qualified support orders include:

(1) An obligor has three support orders and two of the support orders were submitted for and met all the criteria for a federal income tax refund offset. The two support orders that were submitted for offset would be considered qualified support orders for purposes of prorating a federal income tax refund offset; the third support order would not be considered a qualified support order and so would not receive any of the prorated federal income tax refund offset collection.

(2) An obligor has three support orders and the CSEA issued an order to the obligor's employer to attach a lump sum payment on two of the support orders. Only the support orders that the lump sum order was issued for would be considered qualified support orders for purposes of prorating the lump sum payment.

(3) One CSEA has administrative responsibility for an obligor's two support orders and a second CSEA has administrative responsibility for the same obligor's third support order. The obligor makes a payment in person at the CSEA that has two orders. Those orders, therefore, are the only support orders qualified for proration of the payment made by the obligor at the CSEA. The support order that the CSEA does not have administrative responsibility for is not considered a qualified support order for the purposes of prorating the payment made by the obligor at the CSEA.

(4) One CSEA has administrative responsibility for an obligor's two support orders and a second CSEA has administrative responsibility for the same obligor's third support order. Only the first CSEA issues income withholding notices for the two support orders to the obligor's employer. The employer subsequently sends in a support payment without posting identifiers and remitter instructions cannot be obtained. Only the two support orders from the first CSEA are considered qualified support orders for the purposes of prorating the payment received from the employer.

(D) When the collection is not a federal income tax refund offset, OCS or the CSEA shall prorate the collection using the following calculations:

(1) When the collection is not sufficient to satisfy all of the unpaid monthly obligations owed on the qualified support orders:

(a) First, add the unpaid monthly obligation for each qualified support order to determine the total unpaid monthly obligation amount;

(b) Then, for each qualified support order:

(i) Divide the unpaid monthly obligation by the total unpaid monthly obligation amount to determine the prorated percentage for the order; and

(ii) Multiply the collection by the prorated percentage to determine the amount of the collection to apply to the order.

(2) When the collection equals or exceeds the unpaid monthly obligation for each qualified support order, satisfy the unpaid monthly obligations for each qualified support order.

When the monthly obligations for each qualified support order are satisfied and a balance remains from the collection that is less than the total arrears and debts owed on the qualified support orders:

(a) For each qualified support order, add the total unpaid arrears and debts for the order to determine the outstanding amount owed on the order;

(b) Add the outstanding amounts owed on each order to determine the total outstanding amount owed;

(c) Divide the balance of the collection by the total outstanding amount owed to determine the prorated percentage; and

(d) For each qualified support order, multiply the outstanding amount owed on the order by the prorated percentage to determine the amount of the balance to apply to the order.

(3) When all of the monthly obligations, arrears, and debts are satisfied and funds remain from the collection, use the proration calculation described in paragraph (D)(1) of this rule to apply the remaining funds to future current obligations.

(E) When the collection is from a federal tax refund offset, OCS or the CSEA shall prorate the collection using the following calculations:

(1) When the collection is not sufficient to satisfy all of the eligible arrears owed on the qualified support orders:

(a) For each qualified support order, add the unpaid eligible assigned arrears for the order to determine the outstanding assigned arrears amount owed on the order;

(b) Add the outstanding assigned arrears amount owed on each order to determine the total outstanding assigned arrears amount owed;

(c) Divide the collection by the total outstanding assigned arrears amount owed to determine the prorated percentage;

(d) For each qualified support order, multiply the outstanding assigned arrears amount owed on the order by the prorated percentage to determine the amount of the collection to apply to the order; and

(e) Repeat the process described in paragraphs (E)(1)(a) to (E)(1)(d) of this rule for all eligible unassigned arrears owed on the qualified support orders.

(2) When the collection equals or exceeds the total amount of eligible arrears owed on the qualified support orders:

(a) Satisfy all of the eligible arrears owed on the qualified support orders.

(b) When the eligible arrears are satisfied, issue any remaining balance to the obligor unless the CSEA has negotiated an alternative allocation with the obligor, in accordance paragraph (C) of rule 5101:12-80-10.1 of the Administrative Code.

Replaces: 5101:12-80- 10.2

Effective: 10/01/2009
R.C. 119.032 review dates: 10/01/2014
Promulgated Under: 119.03
Statutory Authority: 3121.71 , 3125.25
Rule Amplifies: 3125.03 , 3121.43 , 3121.52 , 3121.54 , 3121.56
Prior Effective Dates: 6/15/06

5101:12-80-14 Limited assignment, PRWORA assignment, and distribution of assigned support collections.

(A) The purpose of this rule is to provide definitions and describe the provisions of limited assignment and Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA) assignment.

This rule and its supplemental rules do not apply to medical support. Medical support assignment is limited to any medical support obligation that is ordered to be paid during the period that the individual that is the subject of the medical support obligation is also a medicaid recipient.

(B) The following definitions are applicable to this rule and its supplemental rules:

(1) "Assignment period" means a finite time period when support is assigned because public assistance or Title IV-E foster care maintenance (FCM) benefits are received. Any break in the public assistance or FCM benefits is a termination of the assignment period.

(2) "Current assistance case" means a IV-D case currently receiving public assistance or FCM benefits.

(3) "Distribution" means the monthly process of determining the amount of a support collection the Ohio department of job and family services (ODJFS) is entitled to retain pursuant to a public assistance or FCM assignment, and the amount of the collection owed to the family.

(a) The support enforcement tracking system (SETS) calculates distribution during month end processing.

(b) The child support enforcement agency (CSEA) shall use the JFS 07027, "Single Order Distribution Record" (rev. 06/1993), and JFS 07028, "Multiple Order Distribution Record" (rev. 06/1993), to complete distribution on support collections received before a case was converted to SETS.

(4) "Former assistance case" means a IV-D case that formerly received public assistance or FCM benefits.

(5) "Limited assignment," in accordance with 42 U.S.C. 608(a)(3) (June 18, 2008), means child, past care, or spousal support is assigned to ODJFS pursuant to a public assistance assignment only during the period that the child or family receives public assistance.

"Limited assignment" applies to child, past care, and spousal support that is assigned on or after October 1, 2009.

(6) "Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA) assignment" means child, past care, or spousal support is assigned to ODJFS pursuant to a public assistance assignment in accordance with paragraph (D) of this rule.

"PRWORA assignment" applies to child, past care, and spousal support that is assigned on or after October 1, 1997 and before October 1, 2009.

(7) "Public assistance" is defined in rule 5101:12-80-10 of the Administrative Code.

(8) "Sweep" means the transfer of a balance amount from one account to another as a result of an assignment period starting or terminating.

(C) Provisions of PRWORA assignment and limited assignment.

(1) Any public assistance assignment period that starts on or after October 1, 1997 and before October 1, 2009 is subject to PRWORA assignment provisions, including a public assistance assignment period that starts before October 1, 2009 and is still active on October 1, 2009.

(2) Any public assistance assignment period that starts on or after October 1, 2009 is subject to limited assignment provisions.

PRWORA assignment and limited assignment provisions only apply to a public assistance assignment and do not apply to an FCM or medicaid assignment.

(D) PRWORA assignment provisions.

(1) Upon the effective date of the public assistance assignment period:

(a) Current support is assigned to ODJFS.

(b) Unassigned arrears sweep to conditionally assigned arrears.

(i) Never assigned arrears sweep to assigned conditionally assigned arrears.

(ii) Unassigned conditionally assigned arrears sweep to assigned conditionally assigned arrears.

(iii) Unassigned during assistance arrears sweep to assigned conditionally assigned arrears.

(c) Permanently assigned arrears remain permanently assigned arrears.

(d) Unassigned futures shall be used to reduce the next month's current obligation.

When unassigned futures were issued to the obligee before the effective date of the assignment period, the CSEA shall not recoup the funds from the obligee.

(2) During the assignment period, arrears that accrue are permanently assigned arrears.

(3) Upon termination of the public assistance assignment period:

(a) Current support is unassigned.

(b) Support arrears are treated as follows:

(i) Permanently assigned arrears that are:

(a) Less than or equal to the unreimbursed assistance (URA) amount remain permanently assigned arrears.

(b) Greater than the URA amount sweep to unassigned during assistance arrears.

(ii) Conditionally assigned arrears that are:

(a) Less than or equal to the URA amount sweep to unassigned conditionally assigned arrears.

(b) Greater than the URA amount sweep to never assigned arrears.

(c) Futures are treated as follows:

(i) Assigned futures sweep to unassigned futures.

(ii) Unassigned futures remain unassigned.

(E) Limited assignment provisions.

(1) Upon the effective date of the public assistance assignment period:

(a) Current support is assigned to ODJFS.

(b) Unassigned arrears remain unassigned arrears.

(i) Never assigned arrears remain never assigned arrears.

(ii) Unassigned conditionally assigned arrears, created by termination of a previous public assistance assignment period that was subject to PRWORA assignment provisions, shall remain unassigned conditionally assigned arrears.

(iii) Unassigned during assistance arrears, created by termination of a previous public assistance assignment period that was subject to PRWORA assignment provisions, shall remain unassigned during assistance arrears.

(c) Permanently assigned arrears remain permanently assigned arrears.

(d) Unassigned futures shall be used to reduce the next month's current obligation.

When unassigned futures were issued to the obligee before the effective date of the assignment period, the CSEA shall not recoup the funds from the obligee.

(2) During the assignment period, arrears that accrue are permanently assigned arrears.

(3) Upon termination of the public assistance assignment period:

(a) Current support is unassigned.

(b) Unassigned arrears remain unassigned arrears.

(i) Never assigned arrears remain never assigned arrears.

(ii) Unassigned conditionally assigned arrears, created by termination of a previous public assistance assignment period that was subject to PRWORA assignment provisions, remain unassigned conditionally assigned arrears.

(iii) Unassigned during assistance arrears, created by termination of a previous public assistance assignment period that was subject to PRWORA assignment provisions, remain unassigned during assistance arrears.

(c) Permanently assigned arrears that are:

(i) Less than or equal to the URA amount remain permanently assigned arrears.

(ii) Greater than the URA amount sweep to never assigned arrears.

(d) Futures are treated as follows:

(i) Assigned futures sweep to unassigned futures.

(ii) Unassigned futures remain unassigned.

Replaces: Part of 5101:12-80-14, Part of 5101:12-80- 14.1

Effective: 10/01/2009
R.C. 119.032 review dates: 10/01/2014
Promulgated Under: 119.03
Statutory Authority: 3125.25
Rule Amplifies: 3125.03 , 3125.24
Prior Effective Dates: 8/1/75, 5/21/79, 8/1/82, 12/1/86, 12/1/87, 8/1/90, 6/1/93, 3/9/01, 9/20/01, 6/15/06

5101:12-80-14.1 Distribution of assigned support in a Title IV-D public assistance case.

(A) The purpose of this rule is to describe distribution in a Title IV-D public assistance case.

(B) In a current assistance case, support collections shall be distributed as follows:

(1) Current obligation.

(a) The amount collected for and applied to the current obligation that is less than or equal to the current month's public assistance grant shall be retained and used to reimburse the current month's public assistance grant. Following reimbursement, the balance of the current month's public assistance grant shall be added to the unreimbursed assistance (URA) amount.

(b) The amount collected for and applied to the current obligation that exceeds the current month's public assistance grant shall be retained and used to reimburse the URA.

(c) The amount collected for and applied to the current obligation that exceeds the current month's public assistance grant and the URA amount shall be owed to the family.

(2) Arrears.

(a) The amount collected for and applied to assigned arrears that is less than or equal to the URA amount shall be retained and used to reimburse the URA.

(b) The amount collected for and applied to assigned arrears that is greater than the URA amount shall be owed to the family.

(c) The amount collected for and applied to unassigned arrears shall be owed to the family.

(3) Futures.

The amount collected for and applied to assigned futures shall be held and applied to the current obligation(s) in the following month(s).

(C) In a former assistance case, support collections shall be distributed as follows:

(1) Current obligation.

The amount collected for and applied to the current obligation shall be issued to the obligee.

(2) Arrears.

(a) The amount collected and applied to unassigned arrears shall be issued to the obligee.

(b) The amount collected and applied to permanently assigned arrears shall be retained and used to reimburse the URA.

(c) The amount collected from a federal tax refund offset and applied to conditionally assigned arrears shall be retained and used to reimburse the URA.

Replaces: Part of 5101:12-80- 14.1

Effective: 10/01/2009
R.C. 119.032 review dates: 10/01/2014
Promulgated Under: 119.03
Statutory Authority: 3125.25 , 5107.05
Rule Amplifies: 3121.43 , 3123.19 , 5107.20
Prior Effective Dates: 8/1/75, 5/21/79, 8/1/82, 12/1/86, 12/1/87, 8/1/90, 6/1/93, 3/9/01, 9/20/01, 6/15/06

5101:12-80-14.2 Assignment and distribution in a Title IV-D/Title IV-E foster care maintenance case.

(A) The purpose of this rule is to describe the provisions of assignment and distribution in a Title IV-D/Title IV-E foster care maintenance (FCM) case.

(B) Upon the effective date of the FCM assignment period:

(1) Current child support is assigned to ODJFS.

(2) Never assigned child support arrears sweep to permanently assigned child support arrears.

(C) The following definitions are applicable to this rule:

(1) "FCM non-waiver case" means a case in which distribution is completed using:

(a) The actual IV-E grant amount, when the amount is available; or

(b) A predetermined average IV-E grant amount, when the actual IV-E grant amount is not available.

(2) "FCM waiver case" means a case in which distribution is not completed because:

(a) During the FCM assignment period all child support is assigned and retained by the state; and

(b) Upon the termination of the FCM assignment period:

(i) Any permanently assigned child support arrears remain permanently assigned child support arrears; and

(ii) Assigned futures sweep to unassigned futures.

(3) "Grant amount" means the amount of Title IV-E funds the Title IV-E agency spends on an FCM-eligible child in a calendar month.

(a) "Actual IV-E grant amount" means the actual amount of funds spent on a child in a calendar month.

(b) "Average IV-E grant amount" means a predetermined average amount of funds spent on a child in a calendar month.

(D) Distribution in an FCM non-waiver case.

In a current assistance case, support collections shall be distributed as follows:

(1) Current obligation.

(a) The amount collected for and applied to the current obligation that is less than or equal to the current month's grant amount shall be retained and used to reimburse the current month's grant.

(b) Following reimbursement, the balance of the current month's grant shall be added to the unreimbursed assistance (URA) amount. The amount collected that is greater than the current month's grant amount shall be owed to the Title IV-E agency.

(2) Arrears.

(a) The amount collected for and applied to arrears that is less than or equal to the URA amount shall be retained and used to reimburse the URA.

(b) The amount collected for and applied to arrears that is greater than the URA amount shall be owed to the Title IV-E agency.

(3) Futures.

The amount collected for and applied to assigned futures shall be held and applied to the current obligation(s) in the following month(s).

(4) Upon the termination of the FCM assignment period:

(a) Any amount of permanently assigned child support arrears that are greater than the URA amount shall sweep to never assigned child support arrears; and

(b) Assigned futures shall sweep to unassigned futures.

Replaces: Part of 5101:12-80-14, Part of 5101:12-80- 14.1

Effective: 10/01/2009
R.C. 119.032 review dates: 10/01/2014
Promulgated Under: 119.03
Statutory Authority: 3125.25 , 5107.05
Rule Amplifies: 3121.43 , 3123.19 , 5107.20
Prior Effective Dates: 8/1/75, 5/21/79, 8/1/82, 12/1/86, 12/1/87, 8/1/90, 6/1/93, 3/9/01, 9/20/01, 6/15/06

5101:12-80-15.1 Notice of collection of assigned support. [Rescinded].

Rescinded eff 1-15-08

5101:12-80-25 Unclaimed funds.

(A) Support payments collected and distributable by the Ohio department of job and family services office of child support that meet the requirements of this rule shall be reported and remitted to the Ohio department of commerce division of unclaimed funds in accordance with the procedures set forth in section 169.03 of the Revised Code.

(B) For the purposes of this rule, the following assumptions are made:

(1) In accordance with section 3125.02 of the Revised Code, the office of child support is a person formed under the laws of the state of Ohio.

(2) In accordance with section 3121.48 of the Revised Code, the office of child support is a holder of money as trustee for remittance of support payments it receives to the person entitled to receive the support payment.

(3) As trustee pursuant to section 3121.48 of the Revised Code, the office of child support is a fiduciary for the benefit of the person entitled to receive a support payment.

(4) The person entitled to receive a support payment in accordance with Chapter 3121. of the Revised Code is the owner of the support payment and shall be referred to in this rule and any supplemental rule(s) as the "obligee," as that term is defined in division (B)(3) of section 3119.01 of the Revised Code.

(C) A support payment shown by the records of the office of child support to have been distributable to the obligee shall be considered unclaimed funds three years from the date payable or distributable pursuant to either division (J) or (K) of section 169.02 of the Revised Code.

(D) The division of unclaimed funds in the Ohio department of commerce, and the office of child support in the Ohio department of job and family services shall treat the funds described in paragraph (C) of this rule as unclaimed funds, and in accordance with the provisions of Chapter 169. of the Revised Code.

Replaces: 5101:12-10-65

R.C. 119.032 review dates: 10/03/2013 and 10/01/2018
Promulgated Under: 119.03
Statutory Authority: 3125.25
Rule Amplifies: 169.03 , 3125.03
Prior Effective Dates: 9/1/89, 4/1/92, 12/1/94, 6/1/95, 4/24/00 (Emer), 7/10/00, 10/15/01, 11/8/04, 11/15/08