5101:12-50-90 Additional authority to collect arrearages.

(A) Termination of a support order does not prevent a child support enforcement agency (CSEA) from enforcing any arrears that accrued under the support order.

(B) In accordance with section 3123.22 of the Revised Code, when an obligor is paying off an arrearage owed under a support order the CSEA administering the support order may take any enforcement actions to collect any arrearage amount that has not yet been collected. These enforcement actions include but are not limited to:

(1) The issuance of one or more JFS 04047, " Order/Notice to Withhold Income for Child and Spousal Support" (rev. 05/2012);

(2) The issuance of one or more JFS 04017, "Notice to Deduct Funds for Child and Spousal Support" (5/2012);

(3) The attachment of a lump sum payment owed to the obligor;

(4) The offset of any federal or state income tax refund owed to the obligor; or

(5) The issuance of a financial institution withdrawal directive in accordance with rule 5101:12-55-10.3 of the Administrative Code.

(C) When the obligee and obligor have agreed in a writing signed by the obligee and obligor that is approved by the court by journal entry that the additional actions should be limited to the offset of any federal or state income tax refund owed to the obligor, the CSEA shall limit its enforcement actions to offset of any federal or state income tax refund owed to the obligor.

Effective: 03/01/2013
R.C. 119.032 review dates: 11/01/2012 and 03/01/2018
Promulgated Under: 119.03
Statutory Authority: 3123.823 , 3125.25
Rule Amplifies: 3121.03 , 3123.22 , 3123.24 , 3123.36 , 3123.37 , 3123.38 , 3123.81 , 3123.82 , 3123.821 , 3123.822 , 3123.823
Prior Effective Dates: 1/1/87 (Emer), 3/20/87, 12/1/87, 3/16/89 (Emer), 6/1/89, 3/18/91, 6/1/91, 7/15/92, 12/31/93, 1/1/95, 6/21/96, 7/1/96, 1/1/98, 12/1/01, 9/1/05, 1/1/08