(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restriction" means, in accordance with section 3123.24 of the Revised Code, that funds within an account may not be withdrawn or transferred.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an order to a financial institution to withdraw a specific amount of funds from an obligor's account and transmit the withdrawn funds to OCS.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
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