Chapter 5101:12-55 Default Identification and Determination

5101:12-55-03 Default.

(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.

Replaces: Part of 5101:12-55-03

R.C. 119.032 review dates: 04/03/2013 and 04/01/2018
Promulgated Under: 119.03
Statutory Authority: 3125.25
Rule Amplifies: 3121.01 , 3123.01
Prior Effective Dates: 5/14/77, 8/1/82, 5/1/87, 10/1/87, 12/20/88, 9/1/89, 12/16/89, 8/1/90, 10/9/90, 4/1/91, 7/15/92, 6/1/93, 10/7/93, 12/31/93, 1/1/95, 7/1/96, 1/1/98, 12/1/01, 5/19/02, 9/1/05, 4/15/08

5101:12-55-03.1 Identification of default and notice to obligor of default and potential action.

(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, "Order/Notice to Withhold Income for Child and Spousal Support" (rev. 5/2012), 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" (rev. 12/2002), 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" (rev. 8/2010), 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.

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: 3123.021 , 3123.022 , 3123.03 , 3123.061 , 3123.07 , 3123.21
Prior Effective Dates: 5/14/77, 8/1/82, 5/1/87, 10/1/87, 12/20/88, 9/1/89, 12/16/89, 8/1/90, 10/9/90, 4/1/91, 7/15/92, 6/1/93, 10/7/93, 12/31/93, 1/1/95, 7/1/96, 1/1/98, 12/1/01, 5/19/02, 9/1/05, 4/15/08

5101:12-55-03.2 Default investigation.

(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" (rev. 8/2010), 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, "Order/Notice to Withhold Income for Child and Spousal Support" (rev. 5/2012);

(b) Issue a JFS 04017, "Notice to Deduct Funds for Child and Spousal Support" (5/2012);

(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.

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: 3123.02
Prior Effective Dates: 5/14/77, 8/1/82, 5/1/87, 10/1/87, 12/20/88, 9/1/89, 12/16/89, 8/1/90, 10/9/90, 4/1/91, 7/15/92, 6/1/93, 10/7/93, 12/31/93, 1/1/95, 7/1/96, 1/1/98, 12/1/01, 5/19/02, 9/1/05, 4/15/08

5101:12-55-03.3 Administrative mistake of fact hearing process.

(A) The JFS 07083, "Notice to Obligor Regarding Default and 20% Payment on Arrears"

(rev. 12/2002), and the JFS 04049, "Notice to Obligor of Default and Potential Action" (rev. 8/2010), 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. The obligor must file the request for an administrative mistake of fact hearing with the child support enforcement agency (CSEA) within seven business days of the date the JFS 07083 or JFS 04049 was issued. When an obligor submits a request for an administrative mistake of fact hearing within seven business days of the date the JFS 07083 was issued and a second request for an administrative mistake of fact hearing within seven business days of the date the JFS 04049 was issued, the CSEA shall 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" (rev. 2/2005), 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.

Effective: 07/15/2013
R.C. 119.032 review dates: 04/03/2013 and 07/01/2018
Promulgated Under: 119.03
Statutory Authority: 3125.25
Rule Amplifies: 3123.031 , 3123.033 , 3123.04 , 3123.21
Prior Effective Dates: /14/77, 8/1/82, 5/1/87, 10/1/87, 12/20/88, 9/1/89, 12/16/89, 8/1/90, 10/9/90, 4/1/91, 7/15/92, 6/1/93, 10/7/93, 12/31/93, 1/1/95, 7/1/96, 1/1/98, 12/1/01, 5/19/02, 9/1/05, 4/15/08

5101:12-55-03.4 Final and enforceable determination of default.

(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" (rev. 8/2010), to the obligor and the obligor does not request an administrative mistake of fact hearing within seven business 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 but does not request a court hearing within seven business 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 JFS 04049 becomes a final and enforceable determination of default, the child support enforcement agency (CSEA) shall:

(1) When a JFS 04047, "Order/Notice to Withhold Income for Child and Spousal Support" (rev. 5/2012), or JFS 04017, "Notice to Deduct Funds for Child and Spousal Support" (5/2012), 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, 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, 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.

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: 3123.032 , 3123.04 , 3123.05 , 3123.06
Prior Effective Dates: 5/14/77, 8/1/82, 5/1/87, 10/1/87, 12/20/88, 9/1/89, 12/16/89, 8/1/90, 10/9/90, 4/1/91, 7/15/92, 6/1/93, 10/7/93, 12/31/93, 1/1/95, 7/1/96, 1/1/98, 12/1/01, 5/19/02, 9/1/05, 4/15/08

5101:12-55-10 Financial institution data match program.

(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.

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.

(B) 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" (rev. 09/2006).

(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) "FIDM report" refers to the results from a data match that occurs between the support enforcement tracking system (SETS) and the information obtained from financial institutions doing business in Ohio as described in rule 5101:12-1-90 of the Administrative Code. The office of child support (OCS) within the Ohio department of job and family services (ODJFS) will make the FIDM report available to the CSEA.

(4) "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.

(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 OCS. For Ohio FIDM purposes, the withdrawal directive is accomplished via the JFS 04055, "Financial Institution Account Withdrawal Directive" (rev. 09/2006).

(C) Before the CSEA elects to impose an access restriction on an account, 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, or 05/2005), 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) Determine whether the obligor is receiving or has received supplemental security income (SSI) benefits. When the obligor is receiving or has received SSI benefits, the CSEA shall determine whether any amount of funds in the account represents SSI benefits. When any funds in the account represent SSI benefits, the CSEA shall not use the FIDM program to seize monies identified as SSI.

When the CSEA chooses to utilize the FIDM process to seize non-SSI funds in an account that also contains SSI funds, the CSEA shall complete an investigation to identify the source of the non-SSI funds in the account.

(D) Any funds withdrawn from an account that are later identified as SSI shall be returned to the obligor from the CSEA administrative fund described in rule 5101:9-6-83 of the Administrative Code within two business days of the CSEA determination that the funds were SSI, including any bank fees charged to the obligor when the withdrawal resulted in the account having insufficient funds.

The CSEA may recover the funds identified as SSI from the obligee or the alternate payee through the recoupment process described in rule 5101:12-80-05.6 of the Administrative Code.

Replaces: Part of 5101:12-55-10

Effective: 12/01/2011
R.C. 119.032 review dates: 12/01/2016
Promulgated Under: 119.03
Statutory Authority: 3125.25
Rule Amplifies: 3121.01 , 3121.74 , 3123.24 , 3123.25
Prior Effective Dates: 8/17/99, 10/1/01, 10/2/06

5101:12-55-10.1 Investigation of an account, imposing an access restriction, and releasing an access restriction.

(A) Child support enforcement agency (CSEA) investigation of an account.

In accordance with section 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 investigate the account. The financial institution is required to cooperate with the CSEA's investigation of the account. During the investigation, the CSEA shall:

(1) Determine the amount of funds within the account that is available to satisfy the obligor's arrears under a support order within five business days from the date the FIDM report is made available to the CSEA; and

(2) Determine whether the obligor's account is with a financial institution that conducts business in Ohio.

(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.

(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, "Financial Institution Account Access Restriction" (rev. 09/2006) 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 issue to the obligor the JFS 04049, "Notice to Obligor of Default and Potential Action" (rev. 05/2005), unless the CSEA has already issued the JFS 04049 to the obligor for the current period of default.

(5) 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 innerweb for the office of child support (OCS) within the Ohio department of job and family services (ODJFS) and the website for the federal office of child support enforcement (OCSE).

(6) The CSEA shall request that the assisting state impose an access restriction on the account and issue a withdrawal directive.

(7) The CSEA shall provide the assisting state with the following information:

(a) The account number and the name and address of the financial institution by providing a copy of the FIDM report;

(b) The amount to be withdrawn;

(c) A copy of the JFS 04049 that was issued to the obligor to verify to the assisting state the amount of the obligor's arrears and that due process under Ohio law has been completed; and

(d) 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"; and

(e) 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" (rev. 09/2006), in accordance with rule 5101:12-55-10.3 of the Administrative Code.

(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" (rev. 09/2006), 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 SSI 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 SSI; 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.

Replaces: Part of 5101:12-55-10

Effective: 12/01/2011
R.C. 119.032 review dates: 12/01/2016
Promulgated Under: 119.03
Statutory Authority: 3125.25
Rule Amplifies: 3123.25 , 3123.26 , 3123.27
Prior Effective Dates: 8/17/99, 10/1/01, 10/2/06

5101:12-55-10.2 Administrative and court hearings for ownership interest in an account.

(A) After the child support enforcement agency (CSEA) issues a JFS 04050, "Financial Institution Account Access Restriction" (rev. 09/2006), 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" (rev. 09/2006), 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 ten 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 ten-day timeframe, the CSEA shall issue the JFS 04055, "Financial Institution Account Withdrawal Directive" (rev. 09/2006), 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 ten-day timeframe, the CSEA shall:

(i) Issue the JFS 04053, "Notice of Administrative Hearing in Regard to Account Ownership" (rev. 09/2006), 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" (rev. 09/2006), by first class mail to the joint account owner;

(ii) Issue the JFS 04051, "Financial Institution Account Full or Partial Release of Access Restriction" (rev. 09/2006), 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 ten 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 ten 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 ten 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.

Replaces: Part of 5101:12-55-10

Effective: 12/01/2011
R.C. 119.032 review dates: 12/01/2016
Promulgated Under: 119.03
Statutory Authority: 3125.25
Rule Amplifies: 3123.29 , 3123.30 , 3123.31 , 3123.32 , 3123.33 , 3123.34 , 3123.35 , 3123.36
Prior Effective Dates: 8/17/99, 10/1/01, 10/2/06

5101:12-55-10.3 Issuing a withdrawal directive.

(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" (rev. 09/2006), 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" (rev. 09/2006), 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) 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.

Replaces: Part of 5101:12-55-10

Effective: 12/01/2011
R.C. 119.032 review dates: 12/01/2016
Promulgated Under: 119.03
Statutory Authority: 3125.25
Rule Amplifies: 3123.28 , 3123.32 , 3123.36 , 3123.37
Prior Effective Dates: 8/17/99, 10/1/01, 10/2/06

5101:12-55-15 Reporting an obligor to a consumer reporting agency. [Rescinded].

Rescinded eff 8-01-08

5101:12-55-20 Liens against real and personal property.

(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) CSEA assertion of a lien on real or personal property located in another state.

(1) 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 an OMB 0970-0153, "Notice of Lien," 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 OMB 0970-0153 should be sent. This form may be accessed on the internet at the following website address:

http://www.acf.hhs.gov/programs/css/resource/notice-of-lien-form-instructions. http://www.acf.hhs.gov/programs/cse/pol/AT/2005/at-05-04.htm

(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.

Effective: 09/15/2013
R.C. 119.032 review dates: 06/19/2013 and 09/01/2018
Promulgated Under: 119.03
Statutory Authority: 3125.25
Rule Amplifies: 3123.66 , 3123.67 , 3123.70 , 3123.73 , 3123.74 , 3123.77 , 3123.78 , 3125.03
Prior Effective Dates: 10/1/85, 1/1/87 (Emer), 3/20/87, 5/1/92, 1/1/98, 4/18/03, 9/1/05, 6/15/06

5101:12-55-20.1 Lien levy and execution.

(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 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 an OMB 0970-0153,"Notice of Lien," 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" (rev. 12/2005), 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) An appropriate withholding or deduction notice or other appropriate order as described in section 3121.03 , 3121.04 , 3121.05 , 3121.06 , or 3121.12 of the Revised Code has been issued to collect current support and any arrears and the obligor is complying with the notice or order;

(d) A new support order has been issued or the support order has been modified and the obligor is complying with the new or modified support order; or

(e) 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.

Replaces: 5101:1-30- 87.1

R.C. 119.032 review dates: 01/12/2011 and 01/01/2016
Promulgated Under: 119.03
Statutory Authority: 3125.25
Rule Amplifies: 3123.71 , 3123.72 , 3123.73 , 3123.74 , 3123.75 , 3123.76 , 3123.78
Prior Effective Dates: 1/1/87 (Emer), 3/20/87, 10/1/96, 1/1/98, 4/18/03, 4/1/06

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 to a licensing entity to suspend, refuse, or deny to renew a professional, driver's, or recreational license. Suspension and reinstatement procedures for Ohio attorneys can be found 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.

(c) The department of natural resources (DNR).

(C) The CSEA shall submit an obligor 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 of Default and Potential Action" (rev. 08/2010), 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" (03/2012) 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" (rev. 01/2005), 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.

Replaces: 5101:12-55-25

Effective: 05/01/2012
R.C. 119.032 review dates: 05/01/2017
Promulgated Under: 119.03
Statutory Authority: 3125.25 , 3123.63
Rule Amplifies: 3123.41 to 3123.50 , 3123.53 to 3123.60 , 3123.62 , and 3123.63
Prior Effective Dates: 10/1/96, 1/1/98, 6/2/01, 10/14/01, 1/1/06, 6/15/08

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 SETS or, when an electronic notice is not available, a JFS 04042, "Notice to Reinstate/Reissue a License" (rev. 06/2008), to the licensing entity to which it sent a JFS 04041, "Notice to Suspend Professional, Motor Vehicle Operator and Recreational License" (rev. 01/2005), 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 obligor 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 License Suspension" (rev. 12/2007), to the licensing entity to which it sent the JFS 04041.

Replaces: 5101:12-55-25

Effective: 05/01/2012
R.C. 119.032 review dates: 05/01/2017
Promulgated Under: 119.03
Statutory Authority: 3125.25 , 3123.63
Rule Amplifies: 3123.41 to 3123.50 , 3123.53 to 3123.60 , 3123.62 , and 3123.63
Prior Effective Dates: 10/1/96, 1/1/98, 6/2/01, 10/14/01, 1/1/06, 6/15/08

5101:12-55-25.2 Driver's license abstract.

(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 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 SETS or, when an electronic notice is not available, a JFS 04016, "Notice to Expunge a Driver's Abstract" (03/2012), to the BMV within seven days.

Effective: 05/01/2012
R.C. 119.032 review dates: 05/01/2017
Promulgated Under: 119.03
Statutory Authority: 3125.25 , 3123.63
Rule Amplifies: 3123.63

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 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 of Default and Potential Action" (rev. 08/2010), 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, "Proposed Action to Deny, Withhold, or Suspend License to Practice Law" (03/2012).

(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" (rev. 06/2008), 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 License Suspension" (rev. 12/2007), 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.

Replaces: 5101:12-55-26

Effective: 05/01/2012
R.C. 119.032 review dates: 05/01/2017
Promulgated Under: 119.03
Statutory Authority: 3125.25
Rule Amplifies: 3125.03 , 4705.021
Prior Effective Dates: 1/1/06, 6/15/08

5101:12-55-30 State lottery prize award intercept.

(A) In accordance with section 3770.071 of the Revised Code, the Ohio lottery commission (OLC) is required to stipulate that each person entitled to a lottery prize award with a value of six hundred dollars or more must affirm in writing and under oath whether or not the person is in default under a support order. OLC may take any additional steps to determine if the person entitled to the prize award is in default under a support order.

(B) When the person is in default under a support order and is entitled to a prize award with a value of six hundred dollars or more, OLC will:

(1) Temporarily withhold payment of the prize award; and

(2) Notify the office of child support (OCS) within the Ohio department of job and family services of the following:

(a) The name of the person entitled to the prize award;

(b) The address and social security number of the person entitled to the prize award;

(c) The amount of the prize award; and

(d) When the prize award is to be paid in annual installments, the number of installments.

(C) Upon receipt of the information from OLC, OCS will determine whether the person is an obligor that has arrears under a support order being administered by a child support enforcement agency (CSEA).

(1) When the person is not an obligor that has arrears under a support order being administered by a CSEA, OCS will notify OLC that the prize award should be released to the person.

(2) When the person is an obligor that has arrears under one or more support orders being administered by a single CSEA, OCS will provide that CSEA with the information received from OLC and the date OCS received the information from OLC. When the person is an obligor who has more than one support order and those support orders are administered by more than one CSEA, OCS will provide each CSEA with the information received from OLC. OCS will provide the CSEA with the notification described in paragraph

(C)(2) of this rule within five days of the date OCS receives the information from OLC.

(D) When a CSEA receives the information from OCS, the CSEA shall conduct an investigation to determine whether the person entitled to the lottery prize award is an obligor subject to a final and enforceable determination of default.

(1) When the person is not an obligor subject to a final and enforceable determination of default, the CSEA shall notify OLC within fifteen days of the date that OLC sent the notice of the prize award that the person is not subject to a final and enforceable determination of default.

(2) When the person is an obligor subject to a final and enforceable determination of default, the CSEA shall issue a JFS 07071, "State Lottery Prize Award Intercept Directive" (rev. 8/2007), to OLC and issue a copy of the JFS 07071 to the obligor. The CSEA shall issue the JFS 07071 within thirty days of the date that OLC sent the notice of the prize award.

The CSEA shall issue a separate JFS 07071 for each support order under which the obligor is subject to a final and enforceable determination of default.

(E) Upon receiving the JFS 07071 from the CSEA, OLC will:

(1) For one-time prize awards, pay the amount of intercept specified in the JFS 07071 or the prize award, whichever is less, to child support payment central (CSPC) in OCS within thirty days of the date of the JFS 07071.

(2) For prize awards paid in annual installments, pay the amount of intercept specified on the JFS 07071 or the amount of the annual installment, whichever is less, to CSPC on the date the next annual installment is due. When the annual installment does not satisfy the amount specified on the JFS 07071, OLC will pay subsequent annual installments to CSPC until the amount of intercept specified on the JFS 07071 has been paid in full.

(F) For prize awards paid in annual installments:

(1) The CSEA may modify the amount of intercept specified on the original JFS 07071 by issuing an amended JFS 07071 to OLC before the date the next annual installment is due. When the CSEA issues an amended JFS 07071 to OLC, the CSEA shall send a copy of the amended JFS 07071 to the obligor.

(2) Within thirty days of determining that the obligor is no longer in default, the CSEA shall issue a JFS 07070, "Notice to Terminate the State Lottery Prize Award Intercept Directive"

(8/2007), to OLC and issue a copy of the JFS 07070 to the obligor.

(3) When OLC notifies OCS of the pending sale of a prize award by a person to a private entity, OCS shall notify each CSEA with administrative responsibility of the support order. The CSEA may then initiate additional enforcement techniques in accordance with division 5101:12 of the Administrative Code.

R.C. 119.032 review dates: 11/01/2012 and 11/01/2017
Promulgated Under: 119.03
Statutory Authority: 3125.25
Rule Amplifies: 3123.89 , 3770.071
Prior Effective Dates: 8/15/07

5101:12-55-40 Insurance claim intercept.

(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 notification through the office of child support or by the insurance match vendor 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, "Order/Notice to Withhold Income for Child and Spousal Support" (5/2012), 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.

Effective: 08/15/2013
R.C. 119.032 review dates: 08/01/2018
Promulgated Under: 119.03
Statutory Authority: 3125.25 , 3123.23
Rule Amplifies: 3121.03 , 3121.21 , 3125.25