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