5101:12-1-53 Program income.

(A) Revenues resulting from Title IV-D case activity shall be considered IV-D program income and shall not be used as any portion of the nonfederal share of program funding. Revenues resulting from Title IV-D case activity are deducted from expenditures presented for federal reimbursement. IV-D program income revenue shall be used for the operation of the IV-D child support program.

(B) Only revenues resulting from Title IV-D case activity shall be considered IV-D program income. Revenues resulting from non-IV-D case activity may be used at the discretion of the child support enforcement agency (CSEA) or the Ohio department of job and family services (ODJFS), including being used to provide the nonfederal share of funds for the child support program.

(C) The CSEA must report as revenue on the JFS 02750, "Child Support Enforcement Agency Quarterly Financial Statement" (rev. 10/2011), all program income described in this rule that is allocated to the CSEA and income the CSEA collects and retains. The CSEA must complete the JFS 02750 as described in rule 5101:9-7-29 of the Administrative Code.

(D) Paragraphs (D)(1) to (D)(8) of this rule identify the various forms of program income.

(1) The processing charge collected on Title IV-D cases shall be considered IV-D program income to the CSEA.

(2) Any amount earned through investment of IV-D collections, such as interest earned from collections made on behalf of child support obligees, shall be considered IV-D program income. If a CSEA or ODJFS pays service fees on an income-producing account, only the net amount (investment income less service fees) shall be reported. The CSEA or ODJFS shall maintain a record of investment revenue and service fees relative to the depository account. There is no net investment income to report nor transfer if the service fees exceed investment income.

(3) Recovered IV-D allowable payments such as IV-D allowable clerk of court fees, court costs, and genetic testing fees for paternity determination made by the CSEA shall be considered IV-D program income. If any of these items are returned to ODJFS, it is program income to ODJFS. If any is retained at the CSEA, it becomes program income to the CSEA through the administrative fund.

(4) When the CSEA does not absorb the IV-D application fee, the fee shall be considered IV-D program income to the CSEA.

(5) The CSEA may charge miscellaneous fees, such as photocopy charges, provided the fee charged is sufficient to cover costs yet nominal enough not to discourage the right of access to information in the files. The fees charged for services on IV-D cases shall be considered IV-D program income to the CSEA through the administrative fund.

(6) Unclaimed funds.

(a) A IV-D payment that becomes unclaimed pursuant to rule 5101:12-80-25 of the Administrative Code shall be reported as program income. At such time that the payment is claimed by its owner, unclaimed funds collected by the owner shall be reported as a reduction to program income.

(b) A IV-D payment that loses unclaimed status pursuant to former rule 5101:1-29-71.2 of the Administrative Code shall be reported as program income.

(7) Interest paid pursuant to section 3123.17 of the Revised Code on assigned arrears shall be considered IV-D program income to ODJFS.

(8) Any fine imposed in a IV-D case that the CSEA or ODJFS has retained shall be considered IV-D program income.

Effective: 07/15/2013
R.C. 119.032 review dates: 04/01/2013 and 07/01/2018
Promulgated Under: 119.03
Statutory Authority: 3125.25
Rule Amplifies: 3119.27 , 3121.59 , 3123.17 , 3125.37
Prior Effective Dates: 1/1/91, 4/1/92, 1/1/93, 6/1/96, 10/30/97, 1/1/98, 4/24/00 (Emer), 7/10/00, 10/15/01, 1/1/05, 5/15/08