5101:12-50-10.8 Withholding from unemployment compensation benefits initiated by a child support enforcement agency.

(A) This rule describes the requirements for withholding from unemployment compensation benefits received by an obligor.

(B) A child support enforcement agency (CSEA) with administrative responsibility for the IV-D case shall send a JFS 04047, "Order /Notice to Withhold Income for Child and Spousal Support" (rev. 5/2012), to the Ohio department of job and family services, office of unemployment compensation (UC) when:

(1) In accordance with section 3121.07 of the Revised Code, the CSEA completes the required investigation and determines that the obligor is receiving unemployment compensation benefits; or

(2) In accordance with section 4141.284 of the Revised Code, the CSEA is notified by the director of the department of job and family services (ODJFS) that an individual who owes support is receiving unemployment compensation benefits.

(C) The following conditions apply to the withholding of unemployment compensation benefits as described in this rule:

(1) The CSEA with administrative responsibility for the case may only send a JFS 04047 to UC if the case is an open, active IV-D case;

(2) The CSEA may not impose the processing charge pursuant to section 3119.27 of the Revised Code with respect to any amounts withheld or deducted from unemployment compensation benefits pursuant to this rule; and

(3) In accordance with division (B)(2) of section 3121.07 of the Revised Code, the amount of unemployment compensation benefits that may be withheld with respect to a week of unemployment benefits shall not exceed fifty per cent of the individual's weekly benefit amount as determined by the director of ODJFS.

(D) The CSEA shall send a JFS 04043, "Notice to Payor/Office of Unemployment Compensation/Financial Institution to Terminate the Withholding of Obligor/Income/Assets" (rev. 12/2005), to UC whenever a support order is terminated as described in rule 5101:12-60-50 of the Administrative Code or in any other case when termination of withholding is appropriate. Upon receipt of the JFS 04043, UC shall immediately terminate the withholding of unemployment compensation benefits.

Effective: 03/01/2013
R.C. 119.032 review dates: 11/01/2012 and 03/01/2018
Promulgated Under: 119.03
Statutory Authority: 3125.25
Rule Amplifies: 3121.07, 4141.284
Prior Effective Dates: 6/1/91, 12/21/92, 10/1/94, 7/1/96, 1/1/98, 4/18/03, 1/1/06, 12/1/06