Chapter 5101:12-45 Support Order Process

5101:12-45-05 Support order establishment.

(A) This rule and its supplemental rules describe the process for requesting and establishing a support order.

(B) In accordance with section 3103.031 of the Revised Code, each parent of a child assumes the parental duty of support of his or her minor child. The parental duty of support is established when:

(1) A man is presumed to be the natural father of the child in accordance with rule 5101:12-40-10 of the Administrative Code;

(2) There is a final and enforceable determination of paternity in accordance with rule 5101:12-40-05 of the Administrative Code;

(3) A woman is the biological mother of a child in accordance with section 3103.03 of the Revised Code;

(4) A man or woman adopts a minor child pursuant to Chapter 3107. of the Revised Code; or

(5) A man is required to be treated in law and regarded as the natural father of a child conceived as the result of artificial insemination pursuant to section 3111.95 of the Revised Code.

(C) In accordance with section 3125.36 of the Revised Code, a child support enforcement agency (CSEA) shall make available a IV-D application to all persons requesting a CSEA's assistance in establishing a support order.

(D) The CSEA with administrative responsibility shall establish a support order for a child who receives Ohio works first or medicaid.

(E) The CSEA shall:

(1) Schedule an administrative child support hearing when:

(a) A man is presumed to be the father of a child and the parent, guardian, or legal custodian of a child, or the person with whom the child resides specifically requests the CSEA to issue an administrative child support order.

(b) An acknowledgement of paternity is final and enforceable and the mother or other custodian or guardian of the child specifically requests the CSEA to issue an administrative child support order.

(c) The administrative officer issues a JFS 07774, "CSEA Administrative Order -- Establishment of Paternity" (rev. 11/2001).

(2) File a court action to establish a child support order when:

(a) An acknowledgement of paternity is final and enforceable and the mother or other custodian or guardian of the child requests a child support order but does not specifically request the CSEA to issue an administrative child support order.

(b) The CSEA issued a JFS 07774 but did not issue an administrative support order.

(c) A court determines the parent and child relationship in accordance with sections 3111.01 to 3111.18 of the Revised Code.

(d) The non-custodial parent adopted the child in accordance with Chapter 3107. of the Revised Code.

(e) The status of the individual as the biological mother in accordance with section 3103.03 of the Revised Code.

(f) The child was conceived as the result of artificial insemination.

(3) Either schedule an administrative child support hearing or file a court action to establish a child support order when a man is presumed to be the father of a child and a parent, guardian, or legal custodian of a child, or the person with whom the child resides requests the CSEA to establish a child support order but does not specifically request an administrative child support order.

(F) The CSEA must establish a child support order or serve process necessary to begin action to establish a child support order within ninety days of locating the non-custodial parent. The determination of a father and child relationship is included in the ninety-day timeframe. The inability of the CSEA to complete service of process, which would preclude the establishment of a child support order, shall be documented to show that periodic repeated efforts to serve process were taken relative to the criteria defining diligent efforts described in rule 5101:12-30-10 of the Administrative Code.

(G) In child support cases needing support order establishment, regardless of whether the CSEA must determine the existence or non-existence of the father and child relationship, action to establish support orders must be completed from the date of service of process to the time of disposition within the following timeframes:

(1) Seventy-five per cent of all cases within six months; and

(2) Ninety per cent of all cases within twelve months.

Effective: 12/15/2009
R.C. 119.032 review dates: 04/01/2014
Promulgated Under: 119.03
Statutory Authority: 3125.25
Rule Amplifies: 3103.03 , 3103.031 , 3111.03 , 3111.13 , 3111.24 , 3111.25 , 3111.49 , 3111.78 , 3111.821 , 3111.95 , 3119.61 , 3125.03 , 3125.36
Prior Effective Dates: 7/15/92, 3/31/93, 6/21/96, 1/1/98, 12/1/01, 7/15/02, 9/1/05, 4/1/09

5101:12-45-05.1 Scheduling the administrative support hearing.

(A) In accordance with section 3111.80 of the Revised Code, the administrative officer of the child support enforcement agency (CSEA) shall schedule an administrative child support hearing, and send the JFS 07782, "Notice of Administrative Hearing to Establish a Support Order" (rev. 06/2001), to the current addresses of the parents of the child and, if applicable, to the caretaker of the child in accordance with the Rules of Civil Procedure as outlined in paragraph (B)(3) of rule 5101:12-30-10 of the Administrative Code.

(B) If the request for an administrative support order is made under paragraph (E)(1) or (D)(5) of rule 5101:12-45-05 of the Administrative Code, the administrative child support hearing shall be held within sixty days of receipt of the request for an administrative support order or the issuance of a JFS 07774,"CSEA Administrative Order -- Establishment of Paternity" (rev. 112001). The administrative support hearing shall be scheduled for a day that is at least thirty days after the date the JFS 07782 is issued to the mother and father of the child.

(C) When both parents appear at the CSEA and request the establishment of an administrative child support order, the parents have all the verification necessary to proceed with the administrative child support hearing, and the administrative officer elects to proceed with the administrative child support hearing, the CSEA shall have the parents sign a JFS 01715, "Waiver of Service of Process for Administrative Child Support Hearing (rev. 1/2006), regardless of whether process has been served, that specifies the date and time of the administrative child support hearing.

Replaces: 5101:12-45- 05.1

Effective: 04/01/2009
R.C. 119.032 review dates: 04/01/2014
Promulgated Under: 119.03
Statutory Authority: 3125.25
Rule Amplifies: 3111.80 , 3125.03
Prior Effective Dates: 7/15/92, 3/31/93, 6/21/96, 1/1/98, 12/1/01, 7/15/02, 9/1/05

5101:12-45-05.2 Conducting the administrative support hearing.

(A) In accordance with sections 3111.82 and 3111.821 of the Revised Code, when an administrative child support hearing is held and there is not a final and enforceable determination of paternity, the parties may raise the issue of the existence or nonexistence of a father and child relationship. The administrative officer shall treat the issue as a request made pursuant to rule 5101:12-40-20 of the Administrative Code and determine the issue in accordance with that rule and its supplemental rules.

(1) Circumstances in which paternity may be rebutted during an administrative support hearing include:

(a) Paternity is presumed pursuant to section 3111.03 of the Revised Code except that a presumption that is conclusive as provided in division (A) of section 3111.95 of the Revised Code cannot be rebutted; or

(b) An acknowledgment of paternity has been filed but has not become final. If the parties raise the issue of the existence or nonexistence of a father and child relationship when an acknowledgment of paternity has been filed but is not final, the administrative officer shall treat it as a request to rescind the acknowledgement and proceed in accordance with rule 5101:12-40-17 of the Administrative Code.

(B) An administrative officer must be present to conduct the administrative child support hearing.

(C) Each person may bring a representative to the administrative child support hearing. The administrative officer may exclude any individual who is determined not to have a valid interest in the proceedings.

(D) The child support enforcement agency (CSEA) shall allow each person to present evidence proving or disproving verifications and allegations of earnings, income, wages, or assets and any other information that may be used to establish the amount a parent should pay for support.

(E) The CSEA shall use the "Ohio Child Support Guidelines" as set forth in Chapter 3119. of the Revised Code and comply with the requirements contained in rule 5101:12-45-10 of the Administrative Code when determining and setting child support amounts.

In accordance with section 3119.04 of the Revised Code, when the combined gross income is less than six thousand dollars or greater than one hundred-fifty thousand dollars, the administrative officer shall determine the amount of support on a case-by-case basis. The administrative officer shall attach the determination and findings of fact to the JFS 07719, "Administrative Order for Child Support and Medical Support " (rev. 8/2008)

(F) At the conclusion of the administrative child support hearing, the administrative officer shall ensure that:

(1) A record of the proceedings, which includes copies of all documents and exhibits submitted, is compiled;

(2) The JFS 07719 is completed and issued to each person within five business days of the administrative child support hearing;

(3) A record of the administrative child support hearing is maintained in a manner that would make it acceptable and accessible for court use; and

(4) The support enforcement tracking system (SETS) is updated with the administrative support order information.

Replaces: 5101:12-45- 05.2

Effective: 04/01/2009
R.C. 119.032 review dates: 04/01/2014
Promulgated Under: 119.03
Statutory Authority: 3125.25
Rule Amplifies: 3111.03 , 3111.82 , 3111.821 , 3111.95 , 3125.03
Prior Effective Dates: 7/15/92, 3/31/93, 6/21/96, 1/1/98, 12/1/01, 7/15/02, 9/1/05

5101:12-45-05.3 Administrative support order.

(A) In accordance with division (A)(2) of section 3119.86 of the Revised Code, the duty of support to a child imposed pursuant to an administrative support order shall continue beyond the child's eighteenth birthday only if the child continuously attends a recognized and accredited high school on a full-time basis on and after the child's eighteenth birthday. A parent ordered to pay support under an administrative child support order shall continue to pay support under the order, including during seasonal vacation periods, until the order terminates. An administrative child support order shall not remain in effect after the child reaches age nineteen.

(B) In accordance with sections 3111.83 , 3111.831 , and 3111.832 of the Revised Code, the administrative officer shall register or cause to be registered the administrative child support order:

(1) In a system and using a procedure developed by the child support enforcement agency (CSEA) for the organized safekeeping and retrieval of administrative support orders; or

(2) With the clerk of a court of appropriate jurisdiction. Pursuant to section 3111.832 of the Revised Code, if an administrative support order is registered with the clerk of court of appropriate jurisdiction, the clerk shall not charge a fee for the registration and shall assign the order a case number.

(C) In accordance with section 3111.84 of the Revised Code, the mother or father of a child who is the subject of an administrative support order may object to the administrative support order by bringing an action for the payment of support and provision for the child's health care under section 2151.231 of the Revised Code. The action must be brought in the juvenile court or other court with jurisdiction under section 2101.022 or 2301.03 of the Revised Code of the county in which the CSEA that employs the administrative officer is located. The court action shall be brought no later than thirty days after the date the JFS 07719, "Administrative Order for Child Support and Medical Support" (rev. 8/2008) was issued.

Replaces: Part of 5101:12-45- 05.3, Part of 5101:12-45- 05.4

Effective: 04/01/2009
R.C. 119.032 review dates: 04/01/2014
Promulgated Under: 119.03
Statutory Authority: 3125.25
Rule Amplifies: 2151.231 , 3111.81 , 3111.83 , 3111.831 , 3111.832 , 3111.84 , 3119.86 , 3121.24 , 3121.27 , 3121.28 , 3121.29 , 3121.30 , 3125.03
Prior Effective Dates: 7/15/92, 3/31/93, 6/21/96, 1/1/98, 12/1/01, 7/15/02, 9/1/05

5101:12-45-05.4 Objecting to the administrative support order. [Rescinded].

Rescinded eff 4-1-09

5101:12-45-10 Calculation of the support obligations.

(A) The child support enforcement agency (CSEA) shall use the basic Ohio child support guidelines (hereafter "guidelines") schedule as set forth in sections 3119.01 to 3119.05 of the Revised Code when calculating or adjusting the child support and cash medical support obligations contained within a child support order.

(B) The CSEA shall not deviate from the guidelines. When a deviation is desired by either party, the requesting party must petition the appropriate court.

(C) In accordance with division (C)(11) of section 3119.01 of the Revised Code, the CSEA may impute potential income to a parent when the CSEA determines that the parent is voluntarily unemployed or underemployed.

(1) Imputed income may be based on what the parent would have earned if fully employed as determined from the following criteria:

(a) The parent's prior employment experience;

(b) The parent's education;

(c) The parent's physical and mental disabilities, if any;

(d) The availability of employment in the geographic area in which the parent resides;

(e) The prevailing wage and salary levels in the geographic area in which the parent resides;

(f) The parent's special skills and training;

(g) Whether there is evidence that the parent has the ability to earn the imputed income;

(h) The age and special needs of the child subject to the child support order (hereafter "child");

(i) The parent's increased earning capacity because of experience;

(j) The parent's decreased earning capacity because of a felony conviction; or

(k) Any other relevant factor.

(2) Income may also be imputed from any non income-producing assets of a parent, as determined from the local passbook savings rate or another appropriate rate as determined by the CSEA, not to exceed the rate of interest specified in division (A) of section 1343.03 of the Revised Code, when the income is significant.

(D) In accordance with division (I) of section 3119.05 of the Revised Code, unless it would be unjust or inappropriate and therefore not in the best interest of the child, a CSEA shall not determine a parent to be voluntarily unemployed or underemployed and shall not impute income to that parent if either of the following conditions exists:

(1) The parent is receiving recurring monetary income from means-tested public assistance benefits, including cash assistance payments under the Ohio works first program established under Chapter 5107. of the Revised Code, financial assistance under the disability financial assistance program established under Chapter 5115. of the Revised Code, supplemental security income, or means-tested veterans' benefits; or

(2) The parent is incarcerated or institutionalized for a period of twelve months or more with no other available assets, unless the parent is incarcerated for an offense relating to the abuse or neglect of a child who is the subject of the support order or an offense under Title XXIX of the Revised Code when the obligee or a child who is the subject of the support order is a victim of the offense.

(E) In accordance with division (K) of section 3119.05 of the Revised Code, a CSEA may disregard a parent's additional income from overtime or additional employment when the agency finds that the additional income was generated primarily to support a new or additional family member or members, or under other appropriate circumstances.

(F) In accordance with division (L) of section 3119.05 of the Revised Code, if both parents involved in the immediate child support determination have a prior order for support relative to a minor child or children born to both parents, the CSEA shall collect information about the existing order or orders and consider those together with the current calculation for support to ensure that the total of all orders for all children of the parties does not exceed the amount that would have been ordered if all children were addressed in a single proceeding.

To determine the amount of the child support obligation, including cash medical, the CSEA shall calculate the guidelines using the total number of common children between the parties to determine what the ordered child support amount would have been if all children were being addressed in a single order. Subtract from that amount the total of any existing current child support obligations for common children between the parties.

(1) When the calculation results in a balance of zero or greater, the balance becomes the obligation amount for the new child support obligation, or;

(2) When the calculation results in a balance that is less then zero, the resulting child support obligation shall be zero.

(G) In accordance with section 3119.04 of the Revised Code, in determining the amount of child support to be paid under any child support order issued or adjusted by the CSEA:

(1) When the combined gross income of both parents is less than six thousand six hundred dollars per year, the CSEA shall determine the amount of the obligor's child support obligation on a case-by-case basis using the basic child support schedule as a reference.

The CSEA shall review the obligor's gross income and living expenses to determine the maximum amount of child support that the CSEA can reasonably order without denying the obligor the means for self-support at a minimum subsistence level and shall recommend or order a specific amount of child support, unless the obligor proves to the CSEA that the obligor is totally unable to pay child support, and the CSEA determines that it would be unjust or inappropriate to order the payment of child support and enters the determination and supporting findings of fact in an addendum to the JFS 07719, "Administrative Order for Child Support and Medical Support" (rev. 8/2008), or the JFS 07724, "Administrative Adjustment Recommendation" (rev. 8/2008).

(2) When the combined gross income of both parents is greater than one hundred fifty thousand dollars per year, the CSEA shall determine the amount of the obligor's child support obligation on a case-by-case basis and shall consider the needs and the standard of living of the child and of the parents.

The CSEA shall compute a basic combined child support obligation that is no less than the obligation that would have been computed under the basic child support schedule and applicable worksheet for a combined gross income of one hundred fifty thousand dollars, unless the CSEA determines that it would be unjust or inappropriate and would not be in the best interest of the child, obligor, or obligee to order that amount. When the CSEA makes such a determination, the CSEA shall enter the figure, determination, and supporting findings of fact in an addendum to the JFS 07719 or JFS 07724.

(H) In determining the amount of cash medical support to be paid under any child support order issued or adjusted by the CSEA, the CSEA shall calculate the cash medical support obligation in accordance with this rule and with rule 5101:12-47-01.2 of the Administrative Code.

(I) When calculating the appropriate amount of child support and cash medical support to be paid under a child support order, the CSEA shall determine:

(1) The appropriate person, whether it is the obligor, the obligee, or both, to be required to provide or report the availability of private health insurance coverage for the child; and

(2) The cost of health insurance coverage which the obligor, the obligee, or both have been ordered to obtain for the child.

Effective: 07/01/2013
R.C. 119.032 review dates: 04/01/2013 and 07/01/2018
Promulgated Under: 119.03
Statutory Authority: 3125.25
Rule Amplifies: 3119.01 , 3119.02 , 3119.03 , 3119.04 , 3119.05 , 3125.03
Prior Effective Dates: 12/1/87, 4/20/90 (Emer), 7/19/90, 10/15/01, 9/1/05, 03/01/2009

5101:12-45-15 Grandparent's request for child support for grandchild.

(A) This rule describes the process for the child support enforcement agency (CSEA) to establish an administrative child support order for a child born to parents who are unmarried and unemancipated.

(B) For the purposes of rules in division 5101:12 of the Administrative Code, "minor" means an individual under the age of eighteen years.

(C) In accordance with section 3109.19 of the Revised Code, when a child (hereafter child) is born to parents who are unmarried and unemancipated (hereafter minors) and a parent of one of the minors (hereafter grandparent) is providing support for the child, the grandparent who is providing support for the child may request the CSEA in the county in which the child resides to:

(1) Determine the existence of a parent and child relationship, if necessary; and

(2) Issue an administrative child support order, pursuant to rules 5101:12-45-05 to 5101:12-45-05.4 of the Administrative Code, requiring all of the grandparents to pay child support for the child.

(D) On receipt of a request, the CSEA shall schedule an administrative child support hearing to determine, in accordance with Chapters 3119., 3121., 3123., and 3125. of the Revised Code, the amount of child support the grandparents are required to pay, the method of paying the child support, and the method of providing for the child's health care needs.

(1) The CSEA shall hold the administrative child support hearing no later than sixty days from the date the request is received.

(2) The CSEA shall issue a notice of administrative hearing to establish a child support order to the grandparents, in accordance with rule 5101:12-30-10 of the Administrative Code, at least thirty days before the date the administrative child support hearing is to be held.

(E) In accordance with division (C)(1) of section 3109.19 of the Revised Code, the CSEA shall calculate the child support amount using the income of all the grandparents instead of the income of the minors.

(1) When the maternal or paternal grandparents are divorced or were never married, the CSEA shall calculate their income as if they were married to one another and then order each grandparent to pay his or her respective percentage of the child support imposed, based on his or her percentage of income.

(2) When a child support order issued pursuant to section 2151.23 , 2151.231 , 2151.232 , 3111.13 , or 3111.81 of the Revised Code requires one of the minors to pay child support for the child, the amount the minor is required to pay shall be deducted from any amount that the grandparents are required to pay.

(F) The CSEA shall issue an administrative child support order to require the grandparents to pay child support. The administrative order shall also provide for the health care needs of the child.

(1) In accordance with section 3111.81 of the Revised Code, the administrative child support order shall:

(a) Require periodic payments of child support that may vary in amount, except that, if it is in the best interest of the child, the administrative officer may order the purchase of an annuity in lieu of periodic payments of child support if the purchase agreement provides that any remaining principal will be transferred to the ownership and control of the child on the child's attainment of the age of majority; and

(b) Require the grandparents to provide for the health care needs of the child in accordance with sections 3119.29 to 3119.56 of the Revised Code.

(2) In accordance with division (C)(2) of section 3109.19 of the Revised Code, the CSEA shall include the following paragraph in the administrative child support order:

The grandparents may object to the administrative child support order by filing a complaint pursuant to division (B)(2) of section 3109.19 of the Revised Code with the court requesting that the court issue an order requiring the grandparents to pay child support for the child and provide for the child's health care needs; the complaint may be filed no later than thirty days after the date of the issuance of the administrative child support order; and, if none of the grandparents file a complaint pursuant to division (B)(2) of section 3109.19 of the Revised Code, the administrative child support order is final and enforceable by a court and may be modified and enforced only in accordance with Chapters 3119., 3121., 3123., and 3125. of the Revised Code.

(3) The CSEA shall include in the administrative child support order the provisions contained in divisions (D) and (E) of section 3109.19 and section 3121.29 of the Revised Code.

(G) When the CSEA receives notice that the administrative child support order should terminate, as described in division (D) of section 3109.19 of the Revised Code, the CSEA shall comply with rule 5101:12-60-50 of the Administrative Code.

Effective: 11/15/2013
R.C. 119.032 review dates: 07/25/2013 and 11/01/2018
Promulgated Under: 119.03
Statutory Authority: 3125.25
Rule Amplifies: 3109.19 , 3125.03 , 3125.25
Prior Effective Dates: 11/15/95, 01/01/98, 12/01/01, 09/01/05, 08/01/08

5101:12-45-25 Monthly administration of support orders.

(A) In accordance with section 3121.51 of the Revised Code, regardless of what timeframes or payments are associated with a court or administrative order, the child support enforcement agency (CSEA) shall administer the order on a monthly basis. In accordance with section 3121.53 of the Revised Code, the monthly administration of the support order does not affect the frequency or amount of support payments under the order.

(B) In accordance with section 3121.28 of the Revised Code, whenever the CSEA issues or modifies a support order, the CSEA shall include in the order, along with any provision required by the Revised Code, all of the following:

(1) A requirement that the CSEA administer the order on a monthly basis, regardless of the frequency or amount of support payments under the order;

(2) The monthly amount due under the support order for purposes of its monthly administration; and

(3) A statement that payments under the order shall continue to be made in the manner ordered by the CSEA or court even though the CSEA is required to administer the order on a monthly basis.

(C) In accordance with section 3121.52 of the Revised Code, when payments are ordered on a non-monthly basis, the CSEA shall calculate the monthly amount due under the order, for purposes of monthly administration, in the following manner:

(1) For weekly support order payments, multiply the weekly amount due by fifty-two and divide the resulting annual amount by twelve;

(2) For biweekly support order payments, multiply the biweekly amount due by twenty-six and divide the resulting annual amount by twelve; and

(3) For periodic support order payments that are not weekly, biweekly, or monthly, multiply the periodic amount due by an appropriate number to obtain the annual amount due and divide that amount by twelve.

(D) If the support order requires payments to begin on a day other than the first day of the month or terminate on a day other than the last day of the month, the CSEA, for purposes of monthly administration, shall compute the pro rated obligation amount due that month in the following manner:

(1) Determine an annual amount in accordance with paragraph (C) of this rule.

(2) Divide the annual amount by one of the following to obtain the daily rate:

(a) Three hundred sixty-six if support payments begin or end in a leap year; or

(b) Three hundred sixty-five if support payments begin or end in a year that is not a leap year.

(3) Multiply the daily rate by the number of days the order is in effect in the month, including the date the support payment begins and the last day of the first month.

Replaces: 5101:12-40- 10.4

R.C. 119.032 review dates: 11/23/2011 and 11/01/2016
Promulgated Under: 119.03
Statutory Authority: 3125.25
Rule Amplifies: 3121.28 , 3121.51 , 3121.52 , 3121.53 , 3121.54
Prior Effective Dates: 7/15/02, 2/1/05, 6/15/06