This website publishes administrative rules on their effective dates, as designated by the adopting state agencies, colleges, and
universities.
| Rule |
Rule 5101:12-55-03 | Default.
Effective:
April 15, 2008
(A) The rules contained in Chapter 5101:12-55 of the Administrative Code describe the default process and subsequent enforcement techniques that are available to enforce the support order. (B) As used in this chapter: (1) "Default" means, pursuant to division (B) of section 3121.01 of the Revised Code, any failure to pay under a support order that is an amount greater than or equal to the amount of support payable under the support order for one month. (2) "Mistake of fact" means an error in the amount of the current support obligation or the arrears or in the identity of the obligor. (3) "Period of default" means, pursuant to division (D) of section 3123.01 of the Revised Code, the period beginning on the date a default under a support order is identified and ending on the date the total arrearage amount owed under the order is paid.
Last updated October 12, 2023 at 11:11 AM
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Rule 5101:12-55-03.1 | Identification of default and notice to obligor of default and potential action.
Effective:
August 1, 2023
(A) At the end of each month, the support
enforcement tracking system (SETS) identifies every obligor who appears to meet
the default criteria. (B) Upon identifying that an obligor
appears to meet the default criteria and the case meets the automatic income
withholding criteria, SETS will issue a JFS 04047, "Income Withholding for
Support" (effective or revised effective date as identified in rule
5101:12-50-99 of the Administrative Code), to the obligor's current
employer and the obligor. (1) When a JFS 04047 is
to be issued and a payment on arrears does not already exist, SETS will add a
payment on arrears to the support order in an amount that represents twenty per
cent of the current support obligation in accordance with section 3123.21 of
the Revised Code. (2) When a JFS 04047 is
to be issued and a payment on arrears is added to the support order, SETS will
issue a JFS 07083, "Notice to Obligor Regarding Default and 20% Payment on
Arrears" (effective or revised effective date as identified in rule
5101:12-55-99 of the Administrative Code), to the obligor. (C) In accordance with section 3123.022
of the Revised Code: (1) A JFS 04047 that is
issued in accordance with this rule does not affect the obligor's right to
request an administrative mistake of fact hearing; and (2) The CSEA shall not
alter or terminate a JFS 04047 that had been issued upon the identification of
default should the obligor timely file a request for an administrative mistake
of fact hearing. (D) Approximately fifteen days after SETS
identifies that an obligor meets the default criteria, the office of child
support (OCS) within the Ohio department of job and family services will issue
a JFS 04049, "Notice to Obligor of Default and Potential Action"
(effective or revised effective date as identified in rule 5101:12-55-99 of the
Administrative Code), to the last known address of the obligor. In accordance
with section 3123.07 of the Revised Code, the failure of OCS to issue the JFS
04049 does not affect the ability of any CSEA to issue any notice or order for
the payment of support, does not provide any defense to any notice or order for
the payment of support, and does not affect any obligation to pay
support.
Last updated August 1, 2023 at 8:30 AM
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Rule 5101:12-55-03.2 | Default investigation.
Effective:
August 1, 2023
(A) After an obligor is identified as
appearing to meet the default criteria and before the JFS 04049, "Notice
to Obligor of Default and Potential Action" (effective or revised
effective date as identified in rule 5101:12-55-99 of the Administrative Code),
is issued, the child support enforcement agency (CSEA) shall conduct an
investigation to determine: (1) Whether the obligor
is in default; (2) The amount of any
arrears; (3) The employment status
of the obligor; (4) The obligor's
social security number; (5) The name and business
address of the obligor's employer or other source of income;
and (6) Any other information
necessary for the CSEA to: (a) Issue a JFS 04047, "Income Withholding for Support"
(effective or revised effective date as identified in rule 5101:12-50-99 of the
Administrative Code); (b) Issue a JFS 04017, "Notice to Deduct Funds for Child and
Spousal Support" (effective or revised effective date as identified in
rule 5101:12-50-99 of the Administrative Code); (c) Recommend that the court issue a cash bond order in
accordance with rule 5101:12-50-15 of the Administrative Code; or (d) Issue or recommend that the court issue a seek work order in
accordance with rule 5101:12-50-17 of the Administrative Code. (B) During the investigation the CSEA may
also secure any other information necessary to enforce the support order
including whether the obligor: (1) Owns any real or
personal property; (2) Has any funds in a
financial institution account as indicated on the financial institution data
match report; or (3) Holds any
professional, recreational, and/or driver's license. (C) When the CSEA concludes the
investigation and determines that no default exists, the CSEA shall terminate
the default proceedings. If a JFS 04047 or JFS 04017 was issued upon the
identification of default, the CSEA shall revise the JFS 04047 or JFS 04017 to
collect the support owed under the support order.
Last updated August 1, 2023 at 8:31 AM
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Rule 5101:12-55-03.3 | Administrative mistake of fact hearing process.
Effective:
August 1, 2023
(A) The JFS 07083, "Notice to
Obligor Regarding Default and 20% Payment on Arrears" (effective or
revised effective date as identified in rule 5101:12-55-99 of the
Administrative Code), and the JFS 04049, "Notice to Obligor of Default and
Potential Action" (effective or revised effective date as identified in
rule 5101:12-55-99 of the Administrative Code), inform the obligor of the
obligor's right to contest the default and any new payment on arrears by
requesting an administrative mistake of fact hearing. (1) The obligor is to
file the request for an administrative mistake of fact hearing with the child
support enforcement agency (CSEA) within fourteen days of the date the JFS
07083 or JFS 04049 was issued. (2) When an obligor
submits a request for an administrative mistake of fact hearing within fourteen
days of the date the JFS 07083 was issued and a second request for an
administrative mistake of fact hearing within fourteen days of the date the JFS
04049 was issued, the CSEA will combine both requests into one administrative
mistake of fact hearing. (B) When an obligor files a timely
request for an administrative mistake of fact hearing with the CSEA, the CSEA
shall: (1) Schedule the
administrative mistake of fact hearing to be held on a date no later than ten
days after the date that the obligor files the administrative mistake of fact
hearing request; and (2) Issue a JFS 07052,
"Notice of Administrative Mistake of Fact Hearing" (effective or
revised effective date as identified in rule 5101:12-55-99 of the
Administrative Code), to the last known addresses of the obligor and obligee no
later than five days before the date on which the administrative mistake of
fact hearing is scheduled to be conducted. (C) The CSEA may deny a request for an
administrative mistake of fact hearing if the request is not timely
filed. (D) At the administrative mistake of fact
hearing, the CSEA shall: (1) Consider testimony
and evidence regarding an obligor's assertion that a mistake of fact
exists on the JFS 04049 or the JFS 07083; (2) Determine whether a
mistake of fact exists on the JFS 04049 or the JFS 07083; (3) When the obligor
disputes the new arrears payment, consider any evidence the obligor presents
regarding household expenditures, income variables, extraordinary health care
issues, and other reasons for a deviation from the presumed minimum payment on
arrears, pursuant to section 3123.21 of the Revised Code, and determine whether
to deviate from the presumed payment on arrears; (4) Issue the
administrative determination to the obligor within five business days of the
date the administrative mistake of fact hearing is held; (5) Record the results of
the administrative mistake of fact hearing in the support enforcement tracking
system (SETS); and (6) Make any necessary
changes in SETS based on the administrative mistake of fact hearing
determination.
Last updated August 1, 2023 at 8:31 AM
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Rule 5101:12-55-03.4 | Final and enforceable determination of default.
Effective:
August 1, 2023
(A) A final and enforceable determination
of default and of the amount of arrears owed exists when: (1) The office of child
support (OCS) within the Ohio department of job and family services issues a
JFS 04049, "Notice to Obligor of Default and Potential Action"
(effective or revised effective date as identified in rule 5101:12-55-99 of the
Administrative Code), to the obligor and the obligor does not request an
administrative mistake of fact hearing within fourteen days of the date the JFS
04049 was issued. The amount of arrears owed pursuant to the determination of
default is the amount indicated on the JFS 04049. (2) The obligor requests
an administrative mistake of fact hearing on the JFS 04049 or the JFS 07083,
"Notice to Obligor Regarding Default and 20% Payment on Arrears"
(effective or revised effective date as identified in rule 5101:12-55-99 of the
Administrative Code) but does not request a court hearing within fourteen days
of the date of the administrative mistake of fact hearing determination was
issued. The amount of arrears owed pursuant to the determination of default is
the amount indicated on the administrative mistake of fact hearing
determination. (3) The obligor requests
a court hearing on the administrative mistake of fact hearing determination and
the court issues a determination. The amount of arrears owed pursuant to the
determination of default is the amount indicated on the court
determination. (B) Within fifteen days of the date that
a final and enforceable determination of default occurs, the child support
enforcement agency (CSEA) shall: (1) When a JFS 04047,
"Income Withholding for Support" (effective or revised effective date
as identified in rule 5101:12-50-99 of the Administrative Code), or JFS 04017,
"Notice to Deduct Funds for Child and Spousal Support" (effective or
revised effective date as identified in rule 5101:12-50-99 of the
Administrative Code), was not issued upon identification of default, issue a
JFS 04047 or JFS 04017 to any available income or source of funds. (2) When a JFS 04047 or
JFS 04017 was issued and the final and enforceable determination of default
altered the arrears payment amount stated in the JFS 04049 or JFS 07083, issue
a revised JFS 04047 or JFS 04017, when necessary. (3) When a JFS 04047 or
JFS 04017 was issued and the final and enforceable determination of default did
not alter the arrears payment amount stated in the JFS 04049 or JFS 07083,
permit the JFS 04047 or JFS 04017 to remain in effect. (C) When an obligor is subject to a final
and enforceable determination of default, the CSEA shall enforce the support
order using all required enforcement techniques, and may use any additional
appropriate enforcement techniques, described in Chapters 5101:12-50 and
5101:12-55 of the Administrative Code.
Last updated August 1, 2023 at 8:31 AM
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Rule 5101:12-55-10 | Financial institution data match program.
Effective:
February 11, 2019
(A) This rule and its supplemental rules
describe the procedures that a child support enforcement agency (CSEA) shall
use when it elects to utilize the financial institution data match (FIDM)
program to enforce a support order after a final and enforceable determination
of default has been made against the obligor. (B) The CSEA shall document in its
handbook of internal procedures the CSEA's criteria for initiating and
utilizing the FIDM program as an optional enforcement technique. (C) The following terms and definitions apply to this rule
and its supplemental rules: (1) "Access
restriction" means, in accordance with section 3123.24 of the Revised
Code, that funds within an account may not be withdrawn or transferred. For
Ohio FIDM purposes, the access restriction is accomplished via the JFS 04050,
"Financial Institution Account Access Restriction" (effective or
revised effective date as identified in rule 5101:12-55-99 of the
Administrative Code). (2) For the purposes of
this rule, "account" refers to a demand deposit account, checking
account, negotiable withdrawal order account, savings account, time deposit
account, money-market mutual fund account, or similar account that may be
readily converted to cash. (3) "Financial institution"
means, in accordance with section 3121.01 of the Revised Code, a bank, savings
and loan association, credit union, regulated investment company or mutual
fund. (4) "Protected
benefit" has the same meaning as in rule 5101:12-50-10 of the
Administrative Code. (5) "Withdrawal
directive" means an order to a financial institution to withdraw a
specific amount of funds from an obligor's account and transmit the
withdrawn funds to the office of child support within the department of job and
family services. For Ohio FIDM purposes, the withdrawal directive is
accomplished via the JFS 04055, "Financial Institution Account Withdrawal
Directive" (effective or revised effective date as identified in rule
5101:12-55-99 of the Administrative Code).
Last updated September 9, 2024 at 3:05 PM
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Rule 5101:12-55-10.1 | Investigation of an account, imposing an access restriction, and releasing an access restriction.
Effective:
December 15, 2021
(A) Child support enforcement agency
(CSEA) investigation upon notice or discovery of an account in a financial
institution. In accordance with sections 3123.25 and 3123.27
of the Revised Code, when the CSEA elects to utilize the financial institution
data match (FIDM) program to enforce a support order, the CSEA shall: (1) Verify that a final
and enforceable determination of default has been made against the obligor, as
described in rules 5101:12-55-03 to 5101:12-55-03.4 of the Administrative Code.
For purposes of the FIDM program, a JFS 04049, "Notice to Obligor of
Default and Potential Action" (rev. 08/1999, 10/2001, 04/2003, 05/2005,
8/2010, or 2019), must have been issued on or after August 17,
1999; (2) Verify that the
obligor has not filed for bankruptcy protection. When the CSEA determines that
the obligor has filed for bankruptcy protection, the CSEA shall not use the
FIDM program to enforce a support order unless the bankruptcy has been
discharged or other relief from bankruptcy protection has been secured by the
CSEA; (3) Identify whether the obligor is
receiving or has received income from a protected benefit, as described in rule
5101:12-50-10 of the Administrative Code, including, but not limited to,
research in the support enforcement tracking system (SETS) and the state
verification exchange system/defense manpower data center
(SVES/DMDC); (a) When the CSEA determines that any of the funds in the account
are from a protected benefit source, the CSEA shall not issue the JFS 04050,
"Financial Institution Account Access Restriction" (effective or
revised effective date as identified in rule 5101:12-55-99 of the
Administrative Code); (b) When the CSEA determines that the funds in the account are
not from a protected benefit source, the CSEA shall proceed in accordance with
paragraphs (B) to (H) of this rule; (4) Determine whether the obligor's
account is with a financial institution that conducts business in Ohio;
and (a) When the CSEA determines that the account is with a financial
institution that conducts business in Ohio, the CSEA shall follow the
procedures described in paragraph (B) of this rule. (b) When the CSEA determines that the account is with a financial
institution that does not conduct business in Ohio, the CSEA shall follow the
procedures described in paragraph (D) of this rule. (5) Document the results of the
investigation in the case record. (B) Imposing an access restriction on an
account when the account is with a financial institution that conducts business
in Ohio. The CSEA shall issue: (1) The JFS 04050 by
first class mail to the financial institution in which the obligor's
account is maintained; and (2) A copy of the JFS
04050 by first class mail to the obligor. (C) For purposes of paragraphs (D), (E)
and (F) of this rule, the following definitions apply: (1) "Assisting
state" refers to the state that assists the requesting state in imposing
an access restriction on an account and issuing a withdrawal
directive. (2) "Requesting
state" refers to the state that requests assistance from the assisting
state in imposing an access restriction on an account and issuing a withdrawal
directive. (D) Imposing an access restriction on an
account when the account is with a financial institution that does not conduct
business in Ohio. (1) The CSEA shall assume
the role of the requesting state, and request assistance from the state in
which the financial institution conducts business. (2) The state in which
the financial institution conducts business will assume the role of the
assisting state. (3) The case shall not be
considered an interstate case. (4) The CSEA shall determine the
requirements of the assisting state with regard to imposing an access
restriction on the account and issuing a withdrawal directive. State-specific
data is provided on the website for the federal office of child support
enforcement (OCSE). (5) The CSEA shall request that the
assisting state impose an access restriction on the account and issue a
withdrawal directive. (6) The CSEA shall provide the assisting
state with the following information: (a) The account number and the name and address of the financial
institution; (b) The amount to be withdrawn; (c) A copy of the JFS 04049 that was issued to the
obligor; (d) The name and payment address for Ohio child support
payment central; and (e) Any other necessary information that the assisting
state requires from the CSEA. (E) Imposing an access restriction on an
account when the case is in a requesting state and the financial institution
does not conduct business in the requesting state but conducts business in
Ohio. The requesting state will make its request
through the ODJFS interstate central registry, which will forward the request
to the CSEA located in the same Ohio county as the financial
institution. (1) The CSEA shall assume
the role of the assisting state. (2) The other state will
assume the role of the requesting state, and request that the CSEA impose an
access restriction on the account and issue a withdrawal
directive. (3) The CSEA shall not
open a case in SETS. (4) The case shall not
be considered an interstate case. (5) The requesting state
will provide the CSEA with the following information: (a) The account number and the name and address of the financial
institution; (b) The amount to be withdrawn; (c) The amount of the arrears and certification that due process
under the requesting state's laws has been completed; (d) Whether the account is a "sole" or "joint
account"; (e) The name and payment address for the state disbursement
unit in the requesting state; and (f) Any other necessary information that the CSEA requires
from the requesting state. (6) The CSEA shall
issue: (a) The JFS 04050 by first class mail to the financial
institution; and (b) A copy of the JFS 04050 by first class mail to the
obligor. (F) After the CSEA issues a JFS 04050 or
the assisting state imposes an access restriction on the account, the CSEA
shall determine whether a person other than the obligor has an ownership
interest in the account. (1) When the CSEA
determines that another person has an ownership interest in the account, the
CSEA shall proceed with the administrative hearing process, in accordance with
rule 5101:12-55-10.2 of the Administrative Code. (2) When the CSEA
determines that the obligor is the only person having ownership interest in the
account, the CSEA shall issue the JFS 04055, "Financial Institution
Account Withdrawal Directive" (effective or revised effective date as
identified in rule 5101:12-55-99 of the Administrative Code) by first class
mail to the financial institution in which the obligor's account is
maintained. (G) In accordance with section 3123.26 of
the Revised Code, after the financial institution receives the JFS 04050 from a
CSEA or an access restriction notice from another state, the financial
institution is required to promptly place an access restriction on the account.
The access restriction remains in effect until: (1) The financial
institution complies with a JFS 04055 from a CSEA; (2) The financial
institution complies with a withdrawal directive from a court; or (3) A CSEA or a court
orders the financial institution to release the access
restriction. (H) Release of an access restriction from
an account. (1) When the obligor is
no longer in default, the CSEA shall issue: (a) The JFS 04051, "Financial Institution Account Full or
Partial Release of Access Restriction" (effective or revised effective
date as identified in rule 5101:12-55-99 of the Administrative Code), by first
class mail to the financial institution in which the obligor's account is
maintained, for a release on the total amount of funds in the account;
and (b) A copy of the JFS 04051 by first class mail to the
obligor. If the obligor is determined to be in default
at a later date, the CSEA may again consider utilizing the FIDM program. (2) When, after the CSEA
has imposed an access restriction on the account, the CSEA becomes aware of an
amount of funds in the account that represents protected benefits, the CSEA
shall issue: (a) The JFS 04051 by first class mail to the financial
institution in which the obligor's account is maintained, for a release on
the amount of funds in the account that represent protected benefits;
and (b) A copy of the JFS 04051 by first class mail to the
obligor. (3) When the CSEA
determines that a legal restriction exists on the account that prevents the
obligor from withdrawing the funds, the CSEA shall issue: (a) The JFS 04051 by first class mail to the financial
institution in which the obligor's account is maintained, for a release on
the amount of funds in the account that is legally restricted; and (b) A copy of the JFS 04051 by first class mail to the
obligor.
Last updated October 24, 2024 at 3:55 PM
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Rule 5101:12-55-10.2 | Administrative and court hearings for ownership interest in an account.
Effective:
February 11, 2019
(A) After the child support enforcement
agency (CSEA) issues a JFS 04050, "Financial Institution Account Access
Restriction" (effective or revised effective date as identified in rule
5101:12-55-99 of the Administrative Code), the CSEA shall determine whether a
person other than the obligor has an ownership interest in the
account. For purposes of this rule, the person other than
the obligor who has an ownership interest in the account is referred to as a
"joint account owner" and includes "another person," as
described in paragraph (B) of this rule. (B) When the CSEA determines that there
is a joint account owner, the CSEA shall issue the JFS 04052, "Notice to
Person, Other than Child Support Obligor, Having Ownership Interest in an
Account" (effective or revised effective date as identified in rule
5101:12-55-99 of the Administrative Code), by first class mail to the joint
account owner at an address for the joint account owner contained in the
records of the financial institution. When the address of the joint account owner is
not contained in the records of the financial institution, the CSEA shall issue
the JFS 04052 by first class mail to the joint account owner in care of another
person whose address is contained in the records of the financial institution
concerning the account. (C) Administrative hearing
procedures. (1) Administrative
hearing time frames. (a) The joint account owner shall have fourteen days from the
date the JFS 04052 is issued to object to the withdrawal directive by returning
the JFS 04052 to the CSEA. (b) When the joint account owner fails to return the JFS 04052 to
the CSEA within the fourteen-day timeframe, the CSEA shall issue the JFS 04055,
"Financial Institution Account Withdrawal Directive" (effective or
revised effective date as identified in rule 5101:12-55-99 of the
Administrative Code), in accordance with rule 5101:12-55-10.3 of the
Administrative Code. (2) Conducting the
administrative hearing. (a) When the joint account owner returns the JFS 04052 to the
CSEA within the fourteen-day timeframe, the CSEA shall: (i) Issue the JFS 04053,
"Notice of Administrative Hearing in Regard to Account Ownership"
(effective or revised effective date as identified in rule 5101:12-55-99 of the
Administrative Code), by first class mail to the joint account owner no later
than five days before the date the administrative hearing is to be conducted;
and (ii) Conduct the
administrative hearing no later than ten days after the date the joint account
owner returns the JFS 04052 to the CSEA. (b) At the administrative hearing, the CSEA shall: (i) Permit the joint
account owner to present testimony and evidence at the administrative hearing
only in regard to the issue of whether any amount, and how much, if any, of the
amount, contained in the account is the property of the joint account owner and
should not be subject to the withdrawal directive; and (ii) Determine whether
any amount contained in the account is the property of the joint account
owner. (3) Administrative
hearing determination. (a) When the CSEA determines that the total amount of funds in
the account is the property of the joint account owner, the CSEA
shall: (i) Issue the JFS 04054,
"Notice of Determination on Amount of Ownership" (effective or
revised effective date as identified in rule 5101:12-55-99 of the
Administrative Code), by first class mail to the joint account
owner; (ii) Issue the JFS 04051,
"Financial Institution Account Full or Partial Release of Access
Restriction" (effective or revised effective date as identified in rule
5101:12-55-99 of the Administrative Code), by first class mail to the financial
institution in which the obligor's account is maintained, for a release on
the account; (iii) Issue a copy of the
JFS 04051 by first class mail to the obligor; and (iv) Take no further
enforcement action on the account. (b) When the CSEA determines that no amount of funds in the
account is the property of the joint account owner, the CSEA
shall: (i) Issue the JFS 04054
by first class mail to the joint account owner; and (ii) Wait fourteen days
to allow the joint account owner to file a written motion with the court as
described in paragraph (D)(1) of this rule. When the joint account owner does not file
a timely motion with the court, the CSEA shall issue the JFS 04055, in
accordance with rule 5101:12-55-10.3 of the Administrative Code. (c) When the CSEA determines that a partial amount of funds in
the account is the property of the joint account owner, the CSEA
shall: (i) Determine that
amount; (ii) Issue the JFS 04054
by first class mail to the joint account owner; (iii) Issue the JFS 04051
by first class mail to the financial institution in which the obligor's
account is maintained, for a release on the amount of funds in the account that
is the property of the joint account owner and take no further enforcement
action on that amount; (iv) Issue a copy of the
JFS 04051 by first class mail to the obligor; and (v) Wait fourteen days to
allow the joint account owner to file a written motion with the court as
described in paragraph (D)(1) of this rule. When the joint account owner does not file
a timely motion with the court, the CSEA shall issue the JFS 04055, in
accordance with rule 5101:12-55-10.3 of the Administrative Code. (D) Court hearing. (1) In accordance with
section 3123.34 of the Revised Code, the joint account owner has fourteen days
after the CSEA makes its determination to file a written motion with the court
of common pleas of the county served by the CSEA for a hearing to determine
whether any amount contained in the account is the property of the joint
account owner. (2) When the joint
account owner files a timely motion with the court, the court is required to
hold a hearing on the request in accordance with section 3123.35 of the Revised
Code. (3) In accordance with
section 3123.36 of the Revised Code, the court may order the financial
institution to: (a) Release the access restriction on the account and take no
further enforcement action on the account; (b) Release the access restriction on a partial amount of funds
in the account and order the CSEA to take no further enforcement action on
those funds; or (c) Withdraw funds pursuant to a withdrawal directive, in
accordance with section 3123.37 of the Revised Code.
Last updated October 24, 2024 at 3:55 PM
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Rule 5101:12-55-10.3 | Issuing a withdrawal directive.
Effective:
November 1, 2021
(A) In accordance with section 3123.28 of
the Revised Code, when the child support enforcement agency (CSEA) proposes to
intercept an obligor's funds in an account for purposes of the financial
institution data match (FIDM) program, and after the CSEA issues a JFS 04050,
"Financial Institution Account Access Restriction" (effective or
revised effective date as identified in rule 5101:12-55-99 of the
Administrative Code), in accordance with rule 5101:12-55-10.1 of the
Administrative Code, the CSEA shall issue: (1) The JFS 04055,
"Financial Institution Account Withdrawal Directive" (effective or
revised effective date as identified in rule 5101:12-55-99 of the
Administrative Code) by first class mail to the financial institution in which
the obligor's account is maintained; and (2) A copy of the JFS
04055 by first class mail to the obligor. (B) When the obligor has multiple cases
for which the same CSEA has administrative responsibility pursuant to rule
5101:12-10-03 or 5101:12-10-04 of the Administrative Code, the CSEA will
issue: (1) The JFS 04046,
"Financial Institution Account Withdrawal Directive For Obligors With
Multiple Cases" (effective or revised effective date as identified in rule
5101:12-55-99 of the Administrative Code) by first class mail to the financial
institution in which the obligor's account is maintained; and (2) A copy of the JFS
04046 by first class mail to the obligor. (C) When the obligor has multiple cases
for which multiple CSEAs have administrative responsibility pursuant to rule
5101:12-10-03 or 5101:12-10-04 of the Administrative Code, the CSEAs will
collaborate to resolve which CSEA will issue the JFS 04046 as
follows: (1) When a CSEA has
knowledge that an obligor also has another case for which another CSEA has
administrative responsibility, the CSEA will contact the other CSEA(s) to
determine if the other CSEA also wants to pursue FIDM for its case and to
determine which CSEA will issue the JFS 04046. The CSEA should contact the
other CSEA at the lump sum mailbox for the other county using the subject:
"Attention FIDM Coordinator"; or contact the FIDM coordinator for the
other CSEA directly; (2) A CSEA will respond
to an inquiry from another CSEA regarding FIDM within two business days of when
the inquiry was sent; (3) When a CSEA fails to
respond to an inquiry from another CSEA regarding FIDM within two business
days; the CSEA that sent the inquiry will document in the case record the
non-response from the other CSEA and will proceed as if the other CSEA has
determined not to proceed with FIDM for its case. (D) In accordance with sections 3123.36 and 3123.37 of the
Revised Code, when the court determines that any of the funds in an account are
not the property of the joint account owner, the court is required to issue a
withdrawal directive to the financial institution. (E) The CSEA shall return to the obligor any funds deducted
from the account that are later identified as funds from a protected benefit
source, within two business days of the CSEAs determination. The CSEA shall
issue a refund from the administrative fund described in rule 5101:9-6-83 of
the Administrative Code, including any bank fees charged to the obligor when
the withdrawal resulted in the account having insufficient funds.
Last updated October 24, 2024 at 3:56 PM
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Rule 5101:12-55-20 | Liens against real and personal property.
Effective:
August 1, 2023
(A) This rule describes the procedures
that a child support enforcement agency (CSEA) shall use when it decides to
assert a lien on real or personal property that is owned by an obligor who has
been determined to be in default under a support order. Obtaining a lien does
not affect any other legal remedies available against obligors or their
property by persons entitled to receive support that is in
arrears. (B) A lien can be attached to real
property (real estate) that must be paid off before a subsequent purchaser can
take the property free of the creditor's claim. Sections 3123.66 and
3123.67 of the Revised Code provide for the assertion of a lien against real
and personal property by the CSEA. Section 3123.73 of the Revised Code provides
that a CSEA is entitled to have real and personal property subject to the lien
sold in accordance with section 3123.74 of the Revised Code. Chapter 2329. of
the Revised Code provides for securing a lien against real property. Chapter
2715. and section 4505.13 of the Revised Code provide for the attachment of
personal property that includes, but is not limited to, items such as motor
vehicles, guns, electronic equipment, jewelry, and musical
instruments. (C) CSEA assertion of a lien on real or personal property located
in Ohio. (1) Pursuant to section
3123.66 of the Revised Code, when a court or CSEA has issued a final and
enforceable determination that an obligor is in default, the CSEA may assert a
lien on any or all of the obligor's real and personal property that is
located in Ohio. (2) When the CSEA asserts
a lien, the lien shall include the amount of the arrears determined to be in
default and any amounts due for current support that are in arrears after the
date of the default determination. (3) When the CSEA asserts
a lien on real or personal property, it may file the lien with the county
recorder in each Ohio county in which the CSEA knows that the obligor's
real or personal property that is subject to the lien is located. If requested
by the county recorder, the CSEA shall include any additional documentation or
a self-addressed, stamped envelope for the return of the filed
lien. (a) A CSEA may enter into a contract with the county recorder
using procedures described in rules 5101:12-1-80 to 5101:12-1-80.4 of the
Administrative Code for the purpose of reimbursing the recorder for the cost of
filing liens. (b) After the CSEA files a lien, the lien shall apply to after
acquired property as well. (4) In accordance with
section 3123.69 of the Revised Code, a CSEA shall, no later than ten days after
filing a lien, serve a copy of the lien by regular mail on both the obligor
whose real or personal property is subject to the lien and the person or state
agency in possession or control of any real or personal property of the
obligor. (5) Pursuant to section
3123.70 of the Revised Code, a lien shall: (a) Have priority over liens, mortgages, security interests, or
other types of encumbrances that are associated with the property that arise
after the date the lien is filed; and (b) Not have priority over liens, mortgages, security interests,
or other types of encumbrances associated with the property that arose on or
before the date the lien was filed. (6) After service of
process as described in paragraph (C)(4) of this rule has occurred, any person
or state agency that releases, sells, transfers, or conveys real or personal
property subject to the lien to or for the benefit of the obligor or any other
person, or fails or refuses to surrender property for the execution sale shall
be liable for the support arrears that are the basis of the lien. This
liability includes costs, interest, and reasonable attorney's fees of the
opposing party pursuant to section 3123.77 of the Revised Code. (D) The CSEA may assert a lien on real or personal property
located in another state. When a CSEA determines that an obligor owns or may
own real or titled personal property located in a state other than Ohio, the
CSEA may send the JFS 01132, "Notice of Lien" (effective or revised
effective date as identified in rule 5101:12-55-99 of the Administrative Code)
to the state in which the property is located. The CSEA may contact the
interstate central registry in the state where the property is located to
determine the appropriate location where the JFS 01132 should be
sent. (E) Responding to a lien issued by
another state. (1) When the office of
child support (OCS) within the Ohio department of job and family services
(ODJFS) receives a copy of a lien filed in another state, a copy of the child
support order, and a copy of the court or administrative determination finding
the obligor to be in default under the child support order, OCS shall examine
the lien and other documents and determine whether the lien is in compliance
with federal child support law and regulations. (2) When OCS determines
that the lien is in compliance with federal child support law and regulations
based on the documentation received, OCS shall determine in which Ohio county
or counties the obligor's real or personal property that may be subject to
the lien is located. (3) On making the
determination, OCS shall send a copy of the lien to the CSEA in each county in
which the property is located. (4) Upon receipt of the
lien from OCS, the CSEA shall assert the lien in accordance with paragraph (C)
of this rule. (5) In accordance with
section 3123.68 of the Revised Code, OCS and each court and CSEA shall give
full faith and credit to a lien that is similar to a lien described in section
3123.67 of the Revised Code that was established by an authorized agency of
another state.
Last updated August 1, 2023 at 8:31 AM
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Rule 5101:12-55-20.1 | Lien levy and execution.
Effective:
August 1, 2023
(A) This rule describes the process that
a child support enforcement agency (CSEA) shall use when it decides to execute
on a lien on personal or real property of an obligor that has been asserted by
the CSEA in accordance with rule 5101:12-55-20 of the Administrative
Code. (B) For purposes of this rule,
"execution" means a process issued by a court which directs the
sheriff of a county to sell either real or personal property owned by a
particular obligor upon which a CSEA has placed a lien. Execution on liens
shall be done in accordance with Chapter 2329. of the Revised
Code. (C) Because an execution is a complex and
expensive procedure involving advertising and publication costs, court fees,
filing fees, auctioneer's fees, possible storage fees, bonds, title
transfer costs, appraisal costs, title search fees, and service of process, the
CSEA should carefully consider each of the following factors before making a
decision to execute on a lien: (1) The existence of
prior liens or secured creditors. Prior liens and security interests can be
determined by checking title record and other public records; (2) The obligor's
right to claim an exemption in the property to be seized and the amount of the
exemption allowable in accordance with section 2329.66 of the Revised
Code; (3) Whether there are
co-owners of the property who may have an interest in the
property; (4) The value of the
obligor's equity interest in the property relative to the value of any
mortgages, loans, other liens, or encumbrances which may be attached to the
property; (5) The estimated current
market value and potential sale price of the property relative to the
obligor's equity interest in that property; (6) The storage cost of
the property, if any, and the speed with which it must be sold to minimize the
cost and not jeopardize the property; (7) The execution notice
and sale costs; (8) Whether the estimated
sale proceeds will produce a significant payment on the arrears; (9) The need for
immediate execution if bankruptcy is a strong possibility; and (10) The position the
obligor will be in after the property is sold and whether the seizure of the
property will decrease the obligor's ability to earn a living or result in
long term indigence. (D) Execution of a lien. (1) To execute on a lien,
the CSEA shall file a complaint in the appropriate court of the county where
the property is located in accordance with section 3123.74 of the Revised Code.
The complaint shall be filed: (a) In the court in the county where the support order was issued
if the property is located in that county; or (b) In the court of common pleas in the county where the property
is located if the support order was issued in a state other than Ohio or if the
child support order was issued by a county other than the one in which the
property is located. (2) The complaint shall
contain all of the following in accordance with the requirements of section
3123.74 of the Revised Code: (a) A statement that the CSEA has obtained a lien on real and
personal property of the obligor that is located in the county; (b) A statement that the CSEA is entitled to have the property
sold and have the proceeds of the sale applied to the child support arrearage
in the case; and (c) A request that the court issue an order for the property to
be sold by an execution sale in accordance with Chapter 2329. of the Revised
Code. (3) On receipt of a
complaint, the court will conduct a hearing to determine whether the court has
jurisdiction and whether the CSEA has obtained a lien pursuant to section
3123.74 of the Revised Code. (4) The court will issue
an order requiring the property to be sold by execution sale in accordance with
Chapter 2329. of the Revised Code, if it determines that the court has
jurisdiction and that the CSEA has obtained a lien in accordance with section
3123.74 of the Revised Code. (5) If a CSEA has sent a
Uniform Interstate Family Support Act (2008) petition to a child support agency
in a responding state requesting enforcement of a support order, as described
in rule 5101:12-70-05.5 of the Administrative Code, and the child support
agency in the responding state has placed a lien on personal or real property
owned by the obligor, the CSEA may request that the child support agency in the
responding state execute on the lien using the applicable laws of the
responding state. (6) If a CSEA has sent
the JFS 01132, "Notice of Lien" (effective or revised effective date
as identified in rule 5101:12-55-99 of the Administrative Code) to another
state and the other state has placed a lien on personal or real property owned
by the obligor, the CSEA may request that the other state execute on the lien
using the applicable laws of that state. A sale of real or personal property extinguishes
the lien associated with the property pursuant to section 3123.75 of the
Revised Code. (E) Discharge of a lien imposed by a
CSEA. (1) A lien filed with the
county recorder shall be effective until the county recorder discharges the
lien. (2) A county recorder
shall discharge the lien within five days after the CSEA files a JFS 07006,
"Discharge of lien" (effective or revised effective date as
identified in rule 5101:12-55-99 of the Administrative Code), requesting that
the lien be discharged. (3) The CSEA shall file
the JFS 07006 requesting that the county recorder discharge the lien if one of
the following applies: (a) The lien is satisfied by an execution sale pursuant to
Chapter 2329. of the Revised Code; (b) The obligor makes full payment of the arrears to the office
of child support, child support payment central; (c) The CSEA requests the discharge of the lien in accordance
with paragraph (E)(4) of this rule. (4) At any time a CSEA
may request the discharge of a lien on all or part of the property of the
obligor or return seized property without liability in accordance with section
3123.76 of the Revised Code if: (a) Assurance of payments is deemed adequate by the CSEA;
or (b) The discharge will facilitate the collection of the arrears
for which the lien was imposed. The discharge of a lien or the return of property
does not prevent further action by the CSEA to collect arrears on the
case.
Last updated August 1, 2023 at 8:32 AM
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Rule 5101:12-55-25 | License suspension.
(A) This rule describes when a child
support enforcement agency (CSEA) may, as an enforcement technique, submit an
obligor under a child support order to a licensing entity to suspend, refuse,
or deny to renew a professional, driver's, or recreational license.
Suspension and reinstatement procedures of license to practice law are
described in rule 5101:12-55-26 of the Administrative Code. (B) The following definitions apply to
this rule and its supplemental rules: (1) A "license"
means: (a) A license, certificate, permit, registration, or other
authorization to engage in an occupation or profession, other than attorney,
that is issued by a board or entity that has the authority pursuant to Title
XLVII (47) of the Revised Code; (b) A driver's or commercial driver's license,
motorcycle operator's license or endorsement, temporary instruction
permit, or commercial driver's temporary instruction permit issued by the
registrar of motor vehicles or a deputy registrar; or (c) A recreational license issued by the department of natural
resources (DNR) that includes any license, permit, or stamp issued pursuant to
section 1533.10, 1533.11, 1533.111, 1533.112, or 1533.32 of the Revised
Code. (2) A "licensing
entity" means any entity that has authority to issue a license to an
individual and includes any of the following: (a) Any board or entity that has the authority pursuant to Title
XLVII (47) of the Revised Code to issue a license and any other agency of this
state, other than the supreme court, that has the authority to issue a license
that authorizes an individual to engage in an occupation or profession. This
includes an administrative officer that has authority to issue a license that
authorizes an individual to engage in an occupation or profession; (b) The bureau of motor vehicles (BMV) or the registrar or deputy
registrar of motor vehicles; and (c) The department of natural resources (DNR). (C) The CSEA shall submit an obligor
under a child support order to a licensing entity to suspend, refuse, or deny
to renew a license only when: (1) A court or agency has
determined that an individual has failed to comply with a warrant or subpoena
issued by a court or agency with respect to a proceeding to enforce a child
support order, and the CSEA has issued a pre-suspension notice as outlined in
paragraph (D) of this rule at least ten days prior to submission of an obligor
to a licensing entity; or (2) At least a ninety-day period has
elapsed since a final and enforceable determination of default has been made
and a JFS 04049, "Notice to Obligor of Default and Potential Action"
(effective or revised effective date as identified in rule 5101:12-55-99 of the
Administrative Code), has been issued to the obligor. Unless the obligor files
a mistake of fact objection to the JFS 04049, the CSEA shall count at least
ninety days from the most recent issuance of the JFS 04049. If the obligor
objects, default is considered final and enforceable on the date established in
a CSEA mistake of fact determination under section 3123.04 of the Revised Code
or the court mistake of fact determination under section 3123.05 of the Revised
Code. If the agency or court mistake of fact determination is silent as to the
date of default, the CSEA shall use the date of issuance of the JFS 04049.
Additionally, the CSEA shall have issued a pre-suspension notice as outlined in
paragraph (D) of this rule at least ten days prior to submission of an obligor
to a licensing entity. (D) The CSEA shall only send a
pre-suspension notice when the CSEA determines that in the ninety-day period
preceding a decision to issue a pre-suspension notice, the obligor has paid
less than fifty per cent of the total monthly ordered obligation due for that
ninety-day period, excluding any state or federal tax offset amounts received
during that ninety-day period. A "ninety-day period" includes the
three full months preceding the month in which the CSEA is considering sending
the pre-suspension notice. When the CSEA elects to issue a pre-suspension
notice to the obligor, the CSEA shall use the JFS 04024, "Advance Notice
to Suspend Professional, Recreational, and/or Driver's License"
(effective or revised effective date as identified in rule 5101:12-55-99 of the
Administrative Code) as its pre-suspension notice. The notice shall be issued
to the obligor's last known address by ordinary, first class mail. When
more than ninety days have elapsed since the issuance of the JFS 04024, a new
pre-suspension notice shall be sent to the obligor if the CSEA still intends to
submit an obligor to a licensing entity referenced in the notice. (E) License suspension
procedures. When the CSEA elects to submit an obligor to a
licensing entity to suspend a specific license, the CSEA shall: (1) Ensure that at least
ten days, but no more than ninety days have elapsed since the issuance of the
pre-suspension notice as described in paragraph (D) of this rule;
and (2) Send an electronic
notice through the support enforcement tracking system (SETS) or, when an
electronic notice is not available, a JFS 04041, "Notice to Suspend
Professional, Motor Vehicle Operator and Recreational License" (effective
or revised effective date as identified in rule 5101:12-55-99 of the
Administrative Code), to the licensing entity that has authority to issue or
has issued the obligor that specific license. (F) The CSEA shall describe the
procedures used to submit an obligor to a licensing entity to suspend, refuse,
or deny to renew a license and to reinstate a license in the CSEA's
procedural manual.
Last updated May 1, 2023 at 8:56 AM
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Rule 5101:12-55-25.1 | License reinstatement.
(A) This rule describes the process a
child support enforcement agency (CSEA) shall use to reinstate a professional,
recreational, or driver's license that has been suspended. (B) A CSEA shall send an electronic notice through the support
enforcement tracking system (SETS) or, when an electronic notice is not
available, a JFS 04042, "Notice to Reinstate/Reissue a License"
(effective or revised effective date as identified in rule 5101:12-55-99 of the
Administrative Code), to the licensing entity to which it sent a JFS 04041,
"Notice to Suspend Professional, Motor Vehicle Operator and Recreational
License" (effective or revised effective date as identified in rule
5101:12-55-99 of the Administrative Code), within seven days of one of the
following: (1) There has been a
determination that the obligor is no longer in default; or (2) The court or CSEA
that issued a warrant or subpoena removes the warrant or determines that the
obligor has complied with the subpoena in accordance with section 3123.46 of
the Revised Code; or (3) The following
occurs: (a) The obligor pays the full arrears balance owed as of the date
of the payment; or (b) When paragraph (B)(3)(a) of this rule is not possible, the
obligor presents evidence of employment or a financial institution account and
the agency has confirmed said employment or financial institution account as
described in paragraph (C) of this rule; or (c) When paragraphs (B)(3)(a) and (B)(3)(b) of this rule are not
possible, the obligor presents evidence that the obligor is unable to work due
to circumstances beyond the obligor's control and it is accepted as such
by the agency; or (d) When paragraphs (B)(3)(a) to (B)(3)(c) of this rule are not
possible, the obligor complies with a written agreement to complete a family
support program administered or approved by the agency, or a program that will
establish compliance with a seek work order; or (e) When paragraphs (B)(3)(a) to (B)(3)(d) of this rule are not
possible, the obligor pays the balance of the total monthly obligation due for
the ninety-day period preceding the date the agency sent the pre-suspension
notice. (C) Confirming employment status or financial institution account
information. When the obligor requests reinstatement of a
license based upon paragraph (B)(3)(b) of this rule, the CSEA shall proceed as
follows: (1) Upon receipt of evidence from the
obligor of employment or of an account at a financial institution, the CSEA
shall confirm the information provided and reinstate the obligor's license
as described in paragraph (B) of this rule after an income withholding has been
issued to that employer or financial institution. (2) When information previously provided
by the obligor, which resulted in a reinstatement under paragraph (B)(3)(b) of
this rule did not result in a payment being received from that payor, any
subsequent reinstatement requests based upon paragraph (B)(3)(b) of this rule
shall only be granted once a payment has been received via withholding from the
payor. (3) When the CSEA
determines that an obligor has a history of frequently changing employment or
financial institution accounts, a reinstatement request based upon paragraph
(B)(3)(b) of this rule shall only be granted once one full month's
obligation has been received via withholding from the provided
payor. (D) When the CSEA submits an individual in error to a licensing
entity for the suspension or refusal of or denial to renew a license, the CSEA
shall immediately issue an electronic notice through SETS or, when an
electronic notice is not available, a JFS 04038, "Notice of Correction of
a License Suspension" (effective or revised effective date as identified
in rule 5101:12-55-99 of the Administrative Code), to the licensing entity to
which it sent the JFS 04041.
Last updated May 1, 2023 at 8:56 AM
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Rule 5101:12-55-25.2 | Driver's license abstract.
Effective:
August 1, 2017
(A) This rule describes the process and criterion a child support enforcement agency (CSEA) shall use to direct the registrar of motor vehicles to eliminate from the abstract maintained by the bureau of motor vehicles (BMV) any reference of a previous license suspension. (B) When the CSEA receives a request from an obligor whose license has been reinstated to have a child support related license suspension reference expunged from the obligor's drivers abstract, the CSEA shall determine the obligor's eligibility. For an obligor to be eligible to have the license abstract expunged the following must apply: (1) The obligor has provided the CSEA with a current copy of the individualized, computer system generated BMV 2006, "Notification/Reinstatement Requirement", and the notice does not list any outstanding reinstatement balance due for the associated child support suspension(s); and (2) The obligor meets one of the following criterion: (a) The child support order has been terminated, and the obligor has paid the case to a zero balance; or (b) The obligor is in compliance with the child support obligation, and obligor has made full payments for at least six months prior to the month in which the obligor requests expungement; or (c) The obligor is making full ordered montly child support obligation payments and has provided the CSEA with evidence that the license suspension referenced on the abstract has limited or hindered the obligor's employability. (C) When the CSEA has determined that an obligor has met the criteria to have the abstract expunged, the CSEA shall send an electronic notice through the support enforcement tracking system (SETS) or, when an electronic notice is not available, a JFS 04016, "Notice to Expunge a Driver's Abstract" (effective or revised effective date as identified in rule 5101:12-55-99 of the Administrative Code), to the BMV within seven days.
Last updated October 12, 2023 at 11:11 AM
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Rule 5101:12-55-26 | Suspension and reinstatement of license to practice law.
(A) In accordance with division (B) of
section 4705.021 of the Revised Code, a child support enforcement agency (CSEA)
may, as an enforcement technique, refer an obligor under a child support order
who is licensed to practice law in the state of Ohio to the Ohio supreme court
for suspension of a license to practice law. (B) The CSEA may elect to submit an
obligor to the Ohio supreme court to suspend, refuse, or deny to renew a
license to practice law when: (1) A court or agency has
determined that an individual has failed to comply with a warrant or subpoena
issued by a court or agency with respect to a proceeding to enforce a child
support order, and the CSEA has issued a pre-suspension notice as outlined in
paragraph (C) of this rule at least ten days prior to submission of an obligor
to a licensing entity; or (2) At least a ninety-day period has
elapsed since a final and enforceable determination of default has been made
and a JFS 04049, "Notice to Obligor of Default and Potential Action"
(effective or revised effective date as identified in rule 5101:12-55-99 of the
Administrative Code), has been issued to the obligor. Unless the obligor files
a mistake of fact objection to the JFS 04049, the CSEA shall count at least
ninety days from the most recent issuance of the JFS 04049. If the obligor
objects, default is considered final and enforceable on the date established in
a CSEA mistake of fact determination under section 3123.04 of the Revised Code
or the court mistake of fact determination under section 3123.05 of the Revised
Code. If the agency or court mistake of fact determination is silent as to the
date of default, the CSEA shall use the date of issuance of the JFS 04049.
Additionally, the CSEA shall have issued a pre-suspension notice as outlined in
paragraph (C) of this rule at least ten days prior to submission of an obligor
to a licensing entity. (C) The CSEA shall only send a
pre-suspension notice when the CSEA determines that in the ninety-day period
preceding a decision to issue a pre-suspension notice, the obligor has paid
less than fifty per cent of the total monthly ordered obligation due for that
ninety-day period, excluding any state or federal tax offset amounts received
during that ninety-day period. A "ninety-day period" includes the
three full months preceding the month in which the CSEA is considering sending
the pre-suspension notice. When the CSEA elects to refer an obligor for the
suspension of a license to practice law, the CSEA shall send to the
obligor's last known address by ordinary, first class mail a JFS 07230,
"Advance Notice to Suspend License to Practice Law" (effective or
revised effective date as identified in rule 5101:12-55-99 of the
Administrative Code). (D) When the CSEA elects to proceed with
the referral for suspension, the CSEA shall: (1) Ensure that at least
ten days, but no more than ninety days have elapsed since the issuance of the
pre-suspension notice as described in paragraph (C) of this rule. When more
than ninety days have elapsed, a new notice shall be sent to the obligor if the
CSEA still intends to submit an obligor for suspension; and (2) Send to the secretary
of the board of commissioners on grievances and discipline of the supreme court
and to either the disciplinary counsel or the president, secretary, and
chairperson of each certified grievance committee the following: (a) A notice listing the name and social security number or other
identification number of the obligor and requesting the suspension of the
obligor's license to practice law; and (b) A certified copy of the court or agency determination of
default. (E) License reinstatement (1) The CSEA shall send a
JFS 04042, "Notice to Reinstate/Reissue a License" (effective or
revised effective date as identified in rule 5101:12-55-99 of the
Administrative Code), to the secretary of the board of commissioners on
grievances and discipline of the supreme court and to either the disciplinary
counsel or the president, secretary, and chairperson of each certified
grievance committee to which it sent a notice described in paragraph (C) of
this rule, within seven days of one of the following: (a) There has been a determination that the obligor is no longer
in default; or (b) The court or CSEA that issued a warrant or subpoena removes
the warrant or determines that the obligor has complied with the subpoena in
accordance with section 3123.46 of the Revised Code; or (c) The following occurs: (i) The obligor pays the
full arrears balance owed as of the date of the payment; or (ii) When paragraph (E)(1)(c)(i) of this rule is not possible, the
obligor presents evidence of employment or a financial institution account and
the agency has confirmed said employment or financial institution account as
described in paragraph (E)(2) of this rule; or (iii) When paragraphs (E)(1)(c)(i) and (E)(1)(c)(ii) of this rule
are not possible, the obligor presents evidence that the obligor is unable to
work due to circumstances beyond the obligor's control and it is accepted
as such by the agency; or (iv) When paragraphs (E)(1)(c)(i) to (E)(1)(c)(iii) of this rule
are not possible, the obligor complies with a written agreement to complete a
family support program administered or approved by the agency, or a program
that will establish compliance with a seek work order; or (v) When paragraphs (E)(1)(c)(i) to (E)(1)(c)(iv) of this rule
are not possible, the individual pays the balance of the total monthly
obligation due for the ninety-day period preceding the date the agency sent the
pre-suspension notice. When the court made the determination of
default, the CSEA shall include with the electronic notice or JFS 04042 a
certified copy of the judgment entry reversing the determination of
default. (2) Confirming employment
status or financial institution account information. When the obligor requests reinstatement of a
license based upon paragraph (E)(1)(c)(ii) of this rule, the CSEA shall proceed
as follows: (a) Upon receipt of evidence from the obligor of employment or of
an account at a financial institution, the CSEA shall confirm the information
provided and reinstate the obligor's license as described in paragraph (E)
of this rule after an income withholding has been issued to that employer or
financial institution. (b) When information previously provided by the obligor, which
resulted in a reinstatement under paragraph (E)(1)(c)(ii) of this rule did not
result in a payment being received from that payor, any subsequent
reinstatement requests based upon paragraph (E)(1)(c)(ii) of this rule shall
only be granted once a payment has been received via withholding from the
payor. (c) When the CSEA determines that an obligor has a history of
frequently changing employment or financial institution accounts, a
reinstatement request based upon paragraph (E)(1)(c)(ii) of this rule shall
only be granted once one full month's obligation has been received via
withholding from the provided payor. (3) When the CSEA
determines that the referral for the suspension of a license to practice law
was issued in error, the CSEA shall immediately issue a JFS 04038, "Notice
of Correction of a License Suspension" (effective or revised effective
date as identified in rule 5101:12-55-99 of the Administrative Code), to the
secretary of the board of commissioners on grievances and discipline of the
supreme court and to either the disciplinary counsel or the president,
secretary, and chairperson of each certified grievance committee. (F) The CSEA shall describe the
procedures used to submit an obligor to the Ohio supreme court to suspend,
refuse, or deny to renew a license to practice law and to reinstate a license
to practice law in the CSEA's procedural manual.
Last updated May 1, 2023 at 8:56 AM
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Rule 5101:12-55-30.1 | State lottery, casino, and sports gaming data match and withholding.
Effective:
January 1, 2023
(A) In accordance with sections 3123.89
and 3123.90 of the Revised Code, a real time data match program has been
implemented by the office of child support (OCS) within the Ohio department of
job and family services (ODJFS) and the state lottery commission, each casino
operator or management company, and with each sports gaming proprietor, for the
purpose of identifying whether a person entitled to a lottery prize award,
casino or sports gaming winnings, is an obligor subject to a final and
enforceable determination of default made under sections 3123.01 to 3123.07 of
the Revised Code. (B) The state lottery commission has
implemented a process to submit identifying information regarding a person
whose lottery prize award, casino or sports gaming winnings meets or exceeds
the reportable winnings amounts set by 26 U.S.C. 6041 (2011), or a subsequent
analogous section of the Internal Revenue Code, to the data match program
described in paragraph (A) of this rule. (C) ODJFS will determine whether the
information provided by the state lottery commission, the casino operator or
management company, and each sports gaming proprietor matches an obligor in
default of their support obligation. Upon completion of the match process ODJFS
shall: (1) Return to the state
lottery commission, the casino operator or management company, or each sports
gaming proprietor the total arrearage balance up to the amount of the winnings
if the person is determined to be an obligor in default; or (2) Return to the state
lottery commission, the casino operator or management company, or each sports
gaming proprietor a response indicating the person is not determined to be an
obligor in default. (D) The state lottery commission, the
casino operator or management company, or each sports gaming proprietor will
withhold an amount sufficient to satisfy any past due support owed by an
obligor from the lottery prize award, casino or sports gaming winnings owed to
the obligor up to the amount of the award. (E) The state lottery commission shall
transmit to ODJFS weekly any amount withheld from a lottery prize awarded in
the previous week. (F) The casino operator, management
company, or sports gaming proprietor will transmit to ODJFS, no later than
fourteen days, any award amount withheld as a payment on the support
obligation.
Last updated December 29, 2023 at 9:32 AM
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Rule 5101:12-55-40 | Insurance claim intercept.
Effective:
August 1, 2023
(A) This rule describes the insurance
claim intercept program that a child support enforcement agency (CSEA) shall
use to intercept insurance claims, settlements, or awards to be paid to an
obligor on a IV-D case by an insurer, in accordance with sections 3123.23 and
3121.03 of the Revised Code. (B) Claim, settlement, or award
notification. (1) Upon notice or
discovery of the existence of an insurance claim, settlement, or award for an
obligor in default in accordance with section 3123.06 of the Revised Code, the
CSEA shall issue to the insurer a JFS 04047, "Income Withholding for
Support" (effective or revised effective date as identified in rule
5101:12-50-99 of the Administrative Code), in accordance with section 3121.03
of the Revised Code. (2) In the event that an
insurer notifies the CSEA of the existence of a lump sum payment as described
in the JFS 04047 the CSEA shall proceed in accordance with rule 5101:12-50-12
of the Administrative Code. (C) The CSEA shall document case actions
to pursue collections, or determinations not to pursue collections, in
accordance with rule 5101:12-10-05 of the Administrative Code. In addition to
documentation in the case record, the CSEA shall also document on the insurance
match vendor's secure website the issuance of a JFS 04047 and if
applicable the issuance of a lump sum order. (D) Insurer immunity. (1) Pursuant to section
3123.23 of the Revised Code, any insurer and any director, agent, or employee
authorized to act on behalf of an insurer, that releases information or makes a
disclosure in accordance with this rule, shall be immune from liability in a
civil action for harm resulting from the disclosure. (2) In accordance with
section 3121.21 of the Revised Code, a payor shall not be subject to criminal
or civil liability for compliance with a withholding or deduction
notice.
Last updated August 1, 2023 at 8:32 AM
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Rule 5101:12-55-99 | Chapter 5101:12-55 forms - enforcement of the support order based on finding of default.
Effective:
November 1, 2024
The forms identified in this rule are referenced
within various rules contained within division 5101:12 of the Administrative
Code. The effective or revised effective dates of the forms are as
follows: (A) JFS 01132, "Notice of Lien"
(rev. 8/2024); (B) JFS 04016, "Notice to Expunge a Driver's
Abstract" (rev. 8/2017); (C) JFS 04024, "Advance Notice to Suspend Professional,
Recreational, and/or Driver's License" (3/2012); (D) JFS 04038, "Notice of Correction of a License
Suspension" (rev. 12/2007); (E) JFS 04041, "Notice to Suspend Professional, Motor
Vehicle Operator and Recreational License" (rev. 1/2005); (F) JFS 04042, "Notice to Reinstate/Reissue a License"
(rev. 6/2008); (G) JFS 04046, "Financial Institution Account Withdrawal
Directive For Obligors With Multiple Cases" (11/2021); (H) JFS 04049, "Notice to Obligor of Default and Potential
Action" (rev. 2/2019); (I) JFS 04050, "Financial Institution Account Access
Restriction" (rev. 9/2006); (J) JFS 04051, "Financial Institution Account Full or
Partial Release of Access Restriction" (rev. 9/2006); (K) JFS 04052, "Notice to Person, Other than Child Support
Obligor, Having Ownership Interest in an Account" (rev.
2/2019); (L) JFS 04053, "Notice of Administrative Hearing in Regard
to Account Ownership" (rev. 9/2006); (M) JFS 04054, "Notice of Determination on Amount of
Ownership" (rev. 2/2019); (N) JFS 04055, "Financial Institution Account Withdrawal
Directive" (rev. 9/2006); (O) JFS 07006, "Discharge of Lien" (rev.
12/2005); (P) JFS 07052, "Notice of Administrative Mistake of Fact
Hearing" (rev. 2/2005); (Q) JFS 07070, "Notice to Terminate the State Lottery Prize
Award Intercept Directive" (rev. 8/2017); (R) JFS 07071, "State Lottery Prize Award Intercept
Directive" (rev. 8/2017); (S) JFS 07083, "Notice to Obligor Regarding Default and 20%
Payment on Arrears" (rev. 2/2019); and (T) JFS 07230, "Advance Notice to Suspend License to
Practice Law" (3/2012).
Last updated November 1, 2024 at 8:37 AM
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