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This website publishes administrative rules on their effective dates, as designated by the adopting state agencies, colleges, and universities.

Chapter 5101:12-60 | Review and Adjustment of Title IV-D Support Orders

 
 
 
Rule
Rule 5101:12-60-05 | Administrative review and adjustment process.
 

(A) This rule and its supplemental rules describe the procedures for the administrative review and adjustment of child support orders. The child support enforcement agency (CSEA) shall proceed in accordance with this rule and its supplemental rules when a IV-D application as described in paragraph (A) of rule 5101:12-10-01.1 of the Administrative Code or a IV-D referral as described in paragraph (B) of rule 5101:12-10-01.1 of the Administrative Code that has been completed and filed with the CSEA.

(B) The following terms and definitions are applicable to this rule and its supplemental rules:

(1) "Adjustment" means a change in the:

(a) Amount of a current child support obligation;

(b) Amount of an ordered payment on arrears;

(c) Amount of a current cash medical support obligation; or

(d) Medical support provision:

(i) To provide health care coverage for the child subject to the child support order; or

(ii) To provide cash medical support; or

(iii) For the shared responsibility of uncovered health care expenses.

(2) "Date certain" means the date on which the administrative review of the child support order is initially scheduled to be conducted.

(3) "Date of the most recent support order" means the effective date of the last child support order, which was issued as a result of a calculation using the Ohio child support guidelines, including a no-change order.

(4) "Evidence" may include but is not limited to: a written statement, letter, or affidavit by the requesting party or a person with personal knowledge of the circumstances; a letter or other documentation from the requesting party's current or past employer, pay stubs, other employment records; written communication from the state or county department of job and family services documenting the receipt of or approval of eligibility for public assistance or unemployment compensation benefits; or any other relevant documentation.

(5) "Guidelines" refers to the Ohio child support guidelines:

(a) As set forth in Chapter 3119. of the Revised Code, prior to March 28; 2019; or

(b) As set forth in accordance with rule 5101:12-1-17 of the Administrative Code, on or after March 28, 2019.

(6) "Non-requesting party" means the person who did not submit the JFS 01849, "Request for Administrative Review of the Support Order" (effective or revised effective date as identified in rule 5101:12-60-99 of the Administrative Code), or, in an administrative review initiated by the CSEA, the obligor.

(7) "Parent" means a mother or father of the child of the support order.

(8) "Party" or "parties" means the obligee, which may be a caretaker or any individual or entity with legal or physical custody of the child, and/or the obligor(s) to a child support order.

When a party has a legal guardian or an authorized representative, the legal guardian or an authorized representative may submit documentation on behalf of the party.

(9) "Review" means an objective evaluation of information necessary to determine:

(a) Child support and cash medical support obligations based on the application of the guidelines; and

(b) Medical support provisions identified in paragraph (B)(1)(d) of this rule.

(C) The CSEA shall use the guidelines:

(1) As set forth in Chapter 3119. of the Revised Code for administrative reviews initially scheduled to be reviewed prior to March 28, 2019; or

(2) As set forth in accordance with rules 5101:12-1-17 and 5101:12-45-10 of the Administrative Code for administrative reviews initially scheduled to be reviewed on or after March 28, 2019; and

(3) As a rebuttable presumption in the administrative review and adjustment of a child support order. The CSEA shall not deviate from the use of the guidelines in calculating and recommending a revised amount.

(D) When an administrative review indicates that an adjustment is appropriate, the CSEA shall recommend the adjustment of the child support order. An adjustment is only appropriate when:

(1) The recommended amount of a child support obligation or a cash medical support obligation is more than ten per cent different than the existing obligation; or

(2) There is a change in a medical support provision identified in paragraph (B)(1)(d)(i) or (B)(1)(d)(ii) of this rule. A change in the medical support provision identified in paragraph (B)(1)(d)(iii) of this rule alone does not warrant an adjustment.

(E) The CSEA shall only administratively review and adjust the child support obligation, the cash medical support obligation, the payment on arrears, and the medical support provisions identified in paragraph (B)(1)(d) of this rule that may be contained in a child support order. The CSEA shall not review or adjust other provisions of the order such as tax exemptions, the allocation of the parental rights and responsibilities for the care of the child, or spousal support.

(F) The CSEA shall not conduct an administrative review and adjustment on the payment on an arrears only case.

(G) In providing support enforcement program services, including an administrative review and adjustment, the CSEA and its contracted agents (e.g., prosecutors, attorneys, administrative officers) represent the best interests of the state of Ohio and not the recipient of services or the recipient's personal interest, when that interest is contrary to the interest of the state of Ohio.

(H) Every thirty-six months after the date of the most recent child support order, the Ohio department of job and family services, office of child support will issue a JFS 07049, "Notice of Right to Request Review of Child and Medical Support Order" (effective or revised effective date as identified in rule 5101:12-60-99 of the Administrative Code), to notify each party of the right to request an administrative review. The JFS 07049 provides the parties with the procedures for requesting an administrative review and the appropriate place and manner in which the request should be made.

Supplemental Information

Authorized By: 3125.25
Amplifies: 3119.60, 3119.61, 3119.63, 3125.03
Five Year Review Date: 8/12/2024
Prior Effective Dates: 7/15/1992, 7/22/1996, 3/1/2009, 11/1/2015
Rule 5101:12-60-05.2 | Initiation of temporary adjustment for certain military members.
 

(A) This rule describes the circumstances under which an obligor who is a member of the uniformed services may request an administrative review and temporary adjustment of a child support order when called to active military duty pursuant to section 3119.77 of the Revised Code and how the child support enforcement agency (CSEA) shall proceed.

(B) The following definitions are applicable to this rule:

(1) "Active military service" means the performance of active military duty by a member of the uniformed services for a period of more than thirty days.

(2) "Uniformed services" means any reserve component of the armed forces of the United States or the Ohio organized militia when engaged in full-time national guard duty for a period of more than thirty days.

(C) An obligor in the uniformed services who is called to active military duty may request an administrative review of a child support order. The obligor shall complete and submit JFS 01849, "Request for an Administrative Review of the Child Support Order," (effective or revised effective date as identified in rule 5101:12-60-99 of the Administrative Code). The obligor shall indicate on the JFS 01849 that the obligor is a member of the uniformed services called to active military service for a period of more than thirty days and provide with the JFS 01849 any orders or other appropriate documentation specifying the commencement date of the active military service and the monthly monetary compensation for that service.

(D) The CSEA shall consider the obligor's call to active military service as a change of circumstances substantial enough to require an administrative review of the child support order.

(E) The obligor may designate another individual to act on behalf of the obligor in the administrative review and adjustment process by providing the CSEA with a military power of attorney executed pursuant to 10 U.S.C. 1044b (11/30/1993). The CSEA shall allow the individual identified in the military power of attorney to act on the obligor's behalf during the administrative review and provide the individual with all required administrative review notices.

(F) In accordance with section 3119.773 of the Revised Code, when an amount to be paid under a child support order is adjusted as the result of a request made under this rule, the obligor shall provide to the CSEA written notice of the date of termination of active military service. The notice shall be provided no later than the last day of the month in which the service ended. When an obligor who received a temporary child support order adjustment pursuant to this rule fails to notify the CSEA that the term of active military service ended and the obligee or the CSEA has written documentation that the term of active military service ended, the CSEA shall end the temporary adjustment order and reinstate the prior amount of support as of the first day of the month following the date that the active military service ended.

(G) In accordance with section 3119.772 of the Revised Code, when a child support order is adjusted based on an administrative review completed pursuant to this rule, the adjustment shall relate back to the date the CSEA sent the notification of administrative review, or the first day of the month in which the active military service begins, whichever occurs later.

(H) A child support order adjusted under this rule shall:

(1) Revert to the prior amount of support as of the first day of the month following the date that the obligor's active military service ends; and

(2) Include a statement that the adjustment will end and the prior amount of support will be reinstated as of the first day of the month following the date that the active military service ends, except as otherwise provided in division (C) of section 3119.771 of the Revised Code.

Last updated September 28, 2023 at 9:16 AM

Supplemental Information

Authorized By: 3125.25
Amplifies: 119.03
Five Year Review Date: 8/9/2024
Prior Effective Dates: 3/1/2009
Rule 5101:12-60-05.3 | The administrative review.
 

(A) A child support enforcement agency (CSEA) shall evaluate a case when it is determined that an administrative review may be required or a JFS 01849, "Request for an Administrative Review of the Child Support Order" (effective or revised effective date as identified in rule 5101:12-60-99 of the Administrative Code), is received. When the CSEA is required to conduct an administrative review, the CSEA shall initiate action to adjust the child support order in accordance with the guidelines.

(B) The CSEA is required to conduct an administrative review when:

(1) An administrative review is required pursuant to paragraph (A) or (B) of rule 5101:12-60-05.1 of the Administrative Code;

(2) Any party to the child support order requests an administrative review pursuant to paragraph (D) of rule 5101:12-60-05.1 of the Administrative Code;

(3) Any party requests an administrative review pursuant to paragraph (E) of rule 5101:12-60-05.1 of the Administrative Code and the requesting party submits sufficient evidence or information to support such a request; or

(4) The obligor requests an administrative review pursuant to rule 5101:12-60-05.2 of the Administrative Code and the obligor submits sufficient evidence or information to support such a request.

(C) The CSEA is not required to conduct an administrative review when:

(1) No party resides in Ohio, unless the request is made in accordance with rule 5101:12-60-05.2 of the Administrative Code or the parties have consented in a record or open court that the tribunal in Ohio, may continue to exercise jurisdiction to modify its order. When the CSEA denies such a request for an administrative review, the CSEA shall notify the requesting party to contact the IV-D agency in the requesting party's state of residence.

(2) It has been less than thirty-six months from the date of the most recent child support order and the CSEA determines that the request for the administrative review is a frequent request and there is no evidence to support the request. "Frequent request" is defined as more than one request for an administrative review per party in a three-month period. When the CSEA denies such a request for an administrative review, the CSEA shall notify the requesting party of the denial and the reason for the denial.

(3) It has been less than thirty-six months from the date of the most recent child support order and the CSEA determines that the requesting party has failed to provide evidence or information, in accordance with paragraph (E) of rule 5101:12-60-05.1 or paragraph (C) of rule 5101:12-60-05.2 of the Administrative Code, necessary to support the administrative review request. When the CSEA denies such a request for an administrative review, the CSEA shall notify the requesting party or the person appointed by the obligor as having military power of attorney of the denial and the reason for the denial.

(D) The CSEA shall complete the evaluation and make a determination of whether an administrative review is required to be conducted within the following time frames:

(1) No later than fifteen days after the following:

(a) The thirty-six month anniversary of the date of the most recent child support order when the CSEA is required to complete an administrative review pursuant to paragraph (A) of rule 5101:12-60-05.1 of the Administrative Code;

(b) The date the CSEA identifies that an administrative review is required pursuant to paragraph (B) of rule 5101:12-60-05.1 of the Administrative Code; or

(c) The date the CSEA receives a JFS 01849 from any party requesting an administrative review pursuant to paragraph (D) or (E) of rule 5101:12-60-05.1 of the Administrative Code.

(2) No later than three business days after receipt of a JFS 01849 from an obligor requesting an administrative review pursuant to rule 5101:12-60-05.2 of the Administrative Code.

(E) The CSEA shall conduct the administrative review within one hundred eighty days of:

(1) Receiving a JFS 01849 or locating the non-requesting party, when the most recent child support order was issued on or before February 10, 2019 (indicating that the order does not contain notice to the parties pursuant to section 3121.29 of the Revised Code), whichever occurs later; or

(2) Receiving a JFS 01849, when the most recent child support order was issued on or after February 11, 2019 (indicating that the order does contain notice to the parties pursuant to section 3121.29 of the Revised Code).

(F) In accordance with paragraph (E)(1) or (E)(2) of this rule, the CSEA shall:

(1) Determine that the request for the administrative review does not meet the administrative review criteria and issue a JFS 07613, "Administrative Adjustment Review Denial Notice" (effective or revised effective date as identified in rule 5101:12-60-99 of the Administrative Code), to the requesting party that includes the reason for the denial, or

(2) Determine that the request for the administrative review does meet the administrative review criteria, then schedule the administrative review in accordance with paragraph (G)(1)(a) of this rule, and:

(a) Conduct the review to determine whether or not the child support order should be adjusted, or

(b) Issue a JFS 01868, "Dismissal of Administrative Review Request" (effective or revised effective date as identified in rule 5101:12-60-99 of the Administrative Code), to dismiss the scheduled review:

(i) In accordance with paragraph (G)(2)(b) of this rule, or

(ii) At the request of the requesting party before the date certain.

(G) When an administrative review is to be conducted:

(1) The CSEA shall:

(a) Schedule the review for a date that is at least thirty days in the future;

(b) Issue to the last known address of the parents, at least thirty days before the date certain:

(i) A JFS 07606, "Administrative Adjustment Review Notification" (effective or revised effective date as identified in rule 5101:12-60-99 of the Administrative Code), and

(ii) A JFS 00593, "Child Support Financial Affidavit" (effective or revised effective date as identified in rule 5101:12-60-99 of the Administrative Code);

(c) Issue a JFS 00592, "Caretaker Notification of Administrative Adjustment Review" (effective or revised effective date as identified in rule 5101:12-60-99 of the Administrative Code), to the last known address of the caretaker, if a caretaker exists.

(2) The JFS 07606 notifies each parent to provide the CSEA with the information and documents listed on the JFS 00593 no later than the date of the scheduled review, pursuant to section 3119.60 of the Revised Code.

(a) Should either parent fail to submit the required information, the CSEA may do either of the following:

(i) Request the court of appropriate jurisdiction of the county in which the agency is located to issue an order requiring the parent to provide the information as requested; or

(ii) Make any reasonable assumptions necessary with respect to the information the parent did not provide to ensure a fair and equitable review of the child support order or establishment of an administrative order under section 3111.81 of the Revised Code.

(b) When a requesting parent fails to submit the information in accordance with paragraph (G)(2) of this rule, the CSEA may issue a JFS 01868 to the parties indicating that the administrative review has been abandoned by the requesting party. Any party has the right to submit a new JFS 01849.

(c) A caretaker is not required to submit any information to the CSEA for the administrative review.

(3) When the parents wish to conduct the administrative review sooner than the required thirty day time period and the CSEA has sufficient information to proceed with an administrative review, both parents must complete a waiver and submit the waiver to the CSEA. Upon receipt of the completed waivers, the CSEA shall conduct the administrative review on a date specified and agreed upon by both parents and the CSEA. When the parents and CSEA fail to agree upon a date, the administrative review shall occur on the date certain.

(4) It is not necessary for any party to be present at the administrative review.

Last updated September 28, 2023 at 9:17 AM

Supplemental Information

Authorized By: 3125.25
Amplifies: 3119.60, 3125.03, 3119.63, 3119.61
Five Year Review Date: 8/9/2024
Prior Effective Dates: 1/1/1995, 6/21/1996, 1/1/1998, 9/1/2005
Rule 5101:12-60-05.5 | Notice of hearing rights.
 

The JFS 07724, "Administrative Adjustment Recommendation" (effective or revised effective date as identified in rule 5101:12-45-99 of the Administrative Code), notifies the parties to the child support order of their right to request an administrative adjustment hearing and the procedures and time deadlines for requesting the administrative adjustment hearing.

(A) When the order is a court support order, the child support enforcement agency (CSEA) shall submit the JFS 07724 to the court for inclusion in a revised court support order unless rany party requests an administrative adjustment hearing no later than fourteen days after the JFS 07724 is issued.

(1) When the existing court support order contains a deviation granted under section 3119.23 or 3119.24 of the Revised Code or when any party intends to request a deviation, any party has a right to file for a court hearing on the revised amount of a support obligation without first requesting an administrative adjustment hearing.

(2) In order to exercise this right, any party must file the request for a court hearing with the court no later than fourteen days after the JFS 07724 is issued.

(B) When the order is an administrative child support order, the CSEA shall include the recommendation in an amended administrative child support order using the JFS 07719, "Administrative Order for Child Support and Medical Support" (effective or revised effective date as identified in rule 5101:12-45-99 of the Administrative Code), unless any party requests an administrative adjustment hearing no later than fourteen days after the JFS 07724 is issued.

Last updated September 28, 2023 at 9:17 AM

Supplemental Information

Authorized By: 3125.25
Amplifies: 3119.60, 3119.61, 3119.63, 3125.03
Five Year Review Date: 8/9/2024
Prior Effective Dates: 1/1/1987 (Emer.), 6/21/1996
Rule 5101:12-60-05.6 | CSEA administrative adjustment hearing process.
 

(A) The child support enforcement agency (CSEA) shall schedule and conduct an administrative adjustment hearing in accordance with this rule when the CSEA determines that any party to the child support order has submitted a timely request for an administrative adjustment hearing.

(B) Any party may submit to the CSEA a written request for an administrative adjustment hearing to object to the recommendations contained in the JFS 07724, "Administrative Adjustment Recommendation" (effective or revised effective date as identified in rule 5101:12-45-99 of the Administrative Code).

(1) In accordance with division (B) of section 3119.63 of the Revised Code, when the order is a court support order, the request must be received by the CSEA within fourteen days after the JFS 07724 is issued.

(2) In accordance with division (A) of section 3119.61 of the Revised Code, when the order is an administrative child support order, the request must be received by the CSEA no later than fourteen days after the JFS 07724 is issued.

(C) The CSEA shall schedule the administrative adjustment hearing for a date no later than fifteen days after the date that the CSEA receives the request. No later than ten days before the hearing is conducted, the CSEA shall issue the JFS 07602, "Administrative Adjustment Hearing Notice" (effective or revised effective date as identified in rule 5101:12-60-99 of the Administrative Code), to each party's last known address by ordinary mail.

(D) The CSEA may grant a request from any party to participate in the hearing via telephone in appropriate circumstances as determined by the CSEA.

(E) The administrative adjustment hearing shall be conducted by a licensed attorney or other qualified person designated by the CSEA director with significant training or experience in conducting hearings that are subject to court review (hereafter both are referred to as "designee"). The designee shall not have been involved in the administrative adjustment recommendations being appealed. The designee shall not have contact with the parties about the case outside the hearing process.

(F) The CSEA representative who was involved in the administrative adjustment recommendation being appealed or other person designated by the CSEA who is familiar with the recommendation shall be available for the administrative adjustment hearing to explain the administrative adjustment recommendation, answer relevant questions, and provide appropriate documentation to support the administrative adjustment recommendation.

(G) The designee shall permit one request per party for postponement of the originally scheduled administrative adjustment hearing date. The request must be based on a valid reason, as determined by the CSEA, and received by the CSEA no later than seven days before the scheduled date.

(1) When the CSEA approves the request, the CSEA shall reschedule the administrative adjustment hearing within fifteen days of the original hearing date and issue the JFS 07633, "Rescheduling Administrative Adjustment Hearing Notice" (effective or revised effective date as identified in rule 5101:12-60-99 of the Administrative Code), to each party, notifying the parties of the rescheduled date, time, and location of the administrative adjustment hearing.

(2) When the CSEA determines that no valid reason to postpone the administrative adjustment hearing has been presented by the party, the CSEA shall issue the JFS 01856, "Denial of Request to Reschedule Administrative Review and Adjustment Hearing" (effective or revised effective date as identified in rule 5101:12-60-99 of the Administrative Code), to the requesting party.

(H) The CSEA may deny the request for an administrative adjustment hearing when:

(1) The request for an administrative adjustment hearing is not made by one of the parties or a party's authorized representative;

(2) The stated reason for requesting the hearing is unrelated to the administrative adjustment recommendation; or

(3) The request is untimely.

(I) When an administrative adjustment hearing request is denied, the CSEA shall issue a JFS 07728, "Denial of Request for an Administrative Adjustment Hearing " (effective or revised effective date as identified in rule 5101:12-60-99 of the Administrative Code), to each party by ordinary mail. The JFS 07728 shall indicate the reason(s) for the denial.

(J) At the administrative adjustment hearing, each party shall be given the opportunity to present evidence and testimony to support whether the CSEA correctly evaluated the information relevant to the review. Any party may bring a representative to the hearing. The designee may exclude any individual who does not have a valid interest in the proceedings as determined by the designee. The CSEA shall maintain a copy of all exhibits provided by the parties at the administrative adjustment hearing.

(K) In accordance with section 3123.21 of the Revised Code, an administrative hearing officer may consider evidence of household expenditures, income variables, extraordinary health care issues, and other reasons for a deviation from the twenty per cent presumption on the ordered payment on arrears.

(L) Within ten days of the administrative adjustment hearing, the CSEA shall issue the JFS 07770, "Administrative Adjustment Hearing Decision" effective or revised effective date as identified in rule 5101:12-60-99 of the Administrative Code), to the last known address of each party by ordinary mail. The designee shall attach to the JFS 07770 findings of fact based upon the evidence presented at the hearing, relevant citations to the guidelines and other applicable law, a conclusion regarding the correctness of the administrative adjustment review recommendation under appeal, and a recommendation regarding the support obligations and medical support provisions.

(M) The JFS 07770 contains the following notices of the parties' rights to file for a court hearing to object to the administrative adjustment hearing decision:

(1) When the order is a court support order, the parties may file for a court hearing within fourteen days of the issuance date of the JFS 07770.

(2) When the order is an administrative child support order, the parties may, within fourteen days of issuance date of the JFS 07770, initiate an action under section 2151.231 of the Revised Code in the juvenile court or other court with jurisdiction under sections 2101.022 and 2301.03 of the Revised Code of the county in which the mother, father, child, guardian, or custodian of the child resides.

(N) Within fifteen days of receiving a request for or being notified of a court hearing, the CSEA shall submit the request, when applicable, the JFS 07724, the JFS 07770, and any attachments to the court. The CSEA's only requirement is to submit the documents to the court. The CSEA does not prepare the motion or represent any party at the hearing.

(O) The CSEA's legal representative shall primarily serve an administrative function rather than that of a legal advocate. When a legal challenge occurs at the court level and the CSEA is requested to appear, the CSEA shall present to the court the facts from the administrative adjustment review and hearing to assure that the guidelines were correctly applied and to explain the JFS 07724.

Last updated September 28, 2023 at 9:17 AM

Supplemental Information

Authorized By: 3125.25
Amplifies: 3119.60, 3119.61, 3119.63, 3125.03
Five Year Review Date: 8/9/2024
Prior Effective Dates: 2/21/1991, 9/1/2005, 11/1/2015
Rule 5101:12-60-45 | Continuation of support obligation beyond the child's eighteenth birthday.
 

(A) Administrative child support orders.

In accordance with section 3119.86 of the Revised Code, support imposed by an administrative child support order shall be continued beyond the child's eighteenth birthday only when the child continuously attends a recognized and accredited high school on a full time basis on and after the child's eighteenth birthday. An administrative child support order shall not remain in effect after the child reaches age nineteen.

(B) Court child support orders.

(1) In accordance with section 3119.86 of the Revised Code, support imposed by a court child support order shall continue beyond the child's eighteenth birthday only when:

(a) The court has determined that the child is mentally or physically disabled and is incapable of supporting or maintaining himself or herself;

(b) The child's parents have agreed to continue support beyond the child's eighteenth birthday pursuant to a separation agreement that was incorporated into a decree of divorce or dissolution; or

(c) The child continuously attends a recognized and accredited high school on a full time basis on and after the child's eighteenth birthday.

(2) In accordance with section 3119.86 of the Revised Code, a court child support order shall not remain in effect after the child reaches nineteen years of age unless the order provides that the duty of support continues after the child reaches age nineteen under the circumstances described in paragraph (B)(1)(a) or (B)(1)(b) of this rule.

(3) In accordance with section 3119.86 of the Revised Code, when a court incorporates a separation agreement described in paragraph (B)(1)(b) of this rule into a decree of divorce or dissolution, the court may not require the duty of support to continue beyond the date the child's parents have agreed support should terminate.

Last updated October 12, 2023 at 11:12 AM

Supplemental Information

Authorized By: 3125.25
Amplifies: 3119.86
Five Year Review Date: 9/20/2026
Prior Effective Dates: 7/15/1992, 1/1/1998
Rule 5101:12-60-50 | Termination of support.
 

(A) This rule and its supplemental rules describe how the child support enforcement agency (CSEA) with administrative responsibility for a child support order administratively terminates the current child support obligation and the medical support provisions when a required or optional administrative termination reason exist. The CSEA shall proceed in accordance with this rule and its supplemental rules when a IV-D application as described in paragraph (A) of rule 5101:12-10-01.1 of the Administrative Code or a IV-D referral as described in paragraph (B) of rule 5101:12-10-01.1 of the Administrative Code has been completed and filed with the CSEA.

(B) Definitions.

The following definitions, unless otherwise noted, apply to rules in division 5101:12 of the Administrative Code:

(1) "Age of majority" has the same meaning as in section 3109.01 of the Revised Code.

(2) "Child support order" has the same meaning as in section 3119.01 of the Revised Code. For the purposes of this rule and its supplemental rules, "child support order" includes medical support provisions contained in the child support order.

(3) "Overpaid child support" has the same meaning as in rule 5101:12-50-20 of the Administrative Code.

(C) In accordance with section 3119.87 of the Revised Code, the parent who is the residential parent and legal custodian of a child for whom a child support order is issued or the person who otherwise has custody of a child for whom a child support order is issued immediately shall notify, and the obligor under a child support order may notify, the CSEA administering the child support order of any reason for which the child support order should terminate. Nothing in this paragrah shall preclude a person from notifying the agency that a reason for which a child support order should terminate is imminent. With respect to a court child support order, a willful failure to notify the CSEA as required by section 3119.87 of the Revised Code is contempt of court.

(D) The CSEA shall initiate an administrative termination investigation to determine whether the child support order should terminate when there is a required administrative termination reason. A required administrative termination reason includes all of the following:

(1) The child attains the age of majority if the child no longer attends an accredited high school on a full-time basis and the child support order requires support to continue past the age of majority only if the child continuously attends a high school after attaining that age;

(2) The child ceases to attend an accredited high school on a full-time basis after attaining the age of majority, if the child support order requires support to continue past the age of majority only if the child continuously attends such a high school after attaining that age;

(3) A termination condition specified in the court child support order has been met for a child who reaches nineteen years of age;

(4) The child's death;

(5) The child's marriage;

(6) The child's emancipation;

(7) The child's enlistment in the armed services when the child no longer attends an accredited high school on a full-time basis;

(8) The child's deportation;

(9) A change of legal custody of the child, which includes but is not limited to the granting of permanent custody of the child to a public children services agency or the termination of parental rights of the obligor through another court action;

(10) The child's adoption;

(11) The obligor's death;

(12) The grandparent to whom support is being paid or a grandparent who is paying support reports that the grandparent's support order should terminate as a result of one of the events described in division (D) of section 3109.19 of the Revised Code; or

(13) Marriage of the obligor under a child support order to the obligee, if the obligor and obligee reside together with the child.

(E) Pursuant to division (B) of section 3119.88 of the Revised Code a court may also terminate an order for any other appropriate reasons brought to the attention of the court, unless otherwise prohibited by law.

(F) The CSEA may elect to initiate an administrative termination investigation to determine whether the child support order should terminate when:

(1) There is an administrative child support order and a court child support order has been issued that involves the same parties and child; or

(2) A court makes a controlling order determination and the controlling order is not the administrative child support order or court support order that the CSEA is responsible for enforcing.

(G) When the obligor or obligee requests the CSEA to terminate the child support order and the reason for terminating the child support order is not one of the administrative termination reasons listed in paragraph (D) of this rule or a termination reason utilized by the CSEA in paragraph (F) of this rule, the CSEA shall not administratively terminate the child support order. Instead, the CSEA:

(1) Shall issue a JFS 07521, "Results of Support Order Termination Investigation" (effective or revised effective date as identified in rule 5101:12-60-99 of the Administrative Code), to the last known address of the person who requested the termination of the child support order.

(2) May elect but is not required to assist the person with filing the action to terminate the child support order with the appropriate court.

(H) In accordance with section 3119.89 of the Revised Code, the CSEA shall not conduct an administrative review and adjustment of the child support order for any other children subject to the child support order until a final administrative or judicial order has been issued regarding the administrative termination investigation's findings and recommendations.

Last updated February 16, 2024 at 3:12 PM

Supplemental Information

Authorized By: 3119.94, 3125.25
Amplifies: 3119.87, 3119.88
Five Year Review Date: 2/11/2024
Prior Effective Dates: 4/1/1992, 1/1/1998, 8/1/2003, 9/1/2016
Rule 5101:12-60-50.1 | Administrative termination investigation, findings and recommendations, and impounding support.
 

(A) Administrative termination investigation.

(1) The child support enforcement agency (CSEA) shall complete an administrative termination investigation and issue findings and recommendations regarding whether the child support order should terminate within twenty days of the date the CSEA is notified by either the obligee or obligor or becomes aware that:

(a) A required administrative termination reason as described in paragraph (D)(1), (D)(2), or (D)(3) of rule 5101:12-60-50 of the Administrative Code has occurred or is expected to occur;

(b) A required administrative termination reason as described in paragraphs (D)(4) to (D)(13) of rule 5101:12-60-50 of the Administrative Code has occurred; or

(c) An administrative termination reason described in paragraph (F) of rule 5101:12-60-50 of the Administrative Code exists and the CSEA elects to proceed with the administrative termination process.

(2) During the administrative termination investigation, the CSEA shall determine:

(a) Whether any administrative termination reason exists.

When the CSEA investigation results indicate that any of the administrative termination reasons do not exist, the CSEA shall issue a JFS 07521, "Results of Support Order Termination Investigation" (effective or revised effective date as identified in rule 5101:12-60-99 of the Administrative Code), to the last known address of the person who requested the termination of the child support order.

(b) Whether there are other minor children subject to the child support order.

When the CSEA determines that there are other minor children subject to the child support order, the CSEA shall calculate a revised amount of child support and cash medical support for the other minor children as follows:

(i) When the child support order is computed using a sole residential parent or shared parenting computation worksheet, divide the child support and the cash medical support due annually or monthly under the order by the number of children who are the subject of the order; then, subtract the amount due for the child for whom the order should be terminated from the total child support and cash medical support amount due annually or monthly.

(ii) When the child support order is computed using a split parental rights computation worksheet:

(a) The CSEA shall divide the annual or monthly obligation for the non-residential parent of the child for whom support is being terminated by the number of children in the other party's custody contained on the existing child support guidelines worksheet. Next, subtract the amount due for the child for whom the order should be terminated from the total child support amount due annually or monthly under a revised child support payment order. This revised amount of support must then be offset against the other party's support obligation to calculate the revised child support for inclusion in the order. The calculation may result in a new obligor for payment of the child support order.

(b) If the calculation in paragraph (A)(2)(b)(ii)(a) of this rule results in a new child support obligor this individual also becomes the cash medical obligor: if the obligor has not changed this paragraph still refers to the existing cash medical obligor. When cash medical support has been ordered the CSEA shall compare the cash medical obligor's cash medical support maximum from the existing child support guidelines worksheet with the current United States department of agriculture (USDA) table for the number of children in the other party's custody. The CSEA shall use the lesser amount as the obligation for cash medical support.

(c) Whether the obligor owes any arrears or other balances.

(d) Whether the CSEA believes it is necessary to continue income withholding or income deduction for the other minor children or arrears payment.

(e) Whether amounts paid pursuant to the child support order being investigated should be impounded because the continued receipt and disbursement would lead to an overpayment by the obligor to the obligee.

(f) Whether an overpayment has been made to the obligee or the Ohio department of job and family services (ODJFS).

(B) Findings and recommendations for an administrative child support order.

(1) When the child support order is an administrative child support order and the administrative termination investigation results indicate that an administrative termination reason exists, the CSEA shall prepare the JFS 07522, "Findings and Recommendations to Terminate the Administrative Child Support Order"(effective or revised effective date as identified in rule 5101:12-60-99 of the Administrative Code), file the JFS 07522 with the administrative child support record, and issue copies of the JFS 07522 to the obligor and obligee at their last known addresses.

(2) When the CSEA determines that the support has been assigned to ODJFS pursuant to an Ohio works first (OWF) or medicaid assignment and that ODJFS has been or will be overpaid by the obligor, the CSEA shall recommend that the amount overpaid be disbursed in accordance with rules 5101:12-80-10 and 5101:12-80-10.1 of the Administrative Code.

(C) Findings and recommendations for a court child support order.

(1) When the child support order is a court support order and the administrative termination investigation results indicate that an administrative termination reason exists, the CSEA shall:

(a) Compile findings and recommendations and issue or request the clerk of courts to issue copies of the findings and recommendations to the obligor and obligee at their last known addresses.

(b) Include in the findings and recommendations a finding that states the reason for which the child support order and medical support provisions should terminate, a recommendation that the child support order and medical support provisions be terminated, and the effective date of the termination of the child support order and medical support provisions. In addition, the CSEA shall include in the findings and recommendations the following:

(i) When there are other minor children subject to the order:

(a) A finding of whether the child support order should continue for other minor children subject to the order; and

(b) When the CSEA finds that the child support order should continue, a recommendation that the child support order should continue for the other minor children and, in accordance with paragraph (A)(2)(b) of this rule, the amount of child support that should be paid for the other minor children.

(ii) When continued payment and disbursement of payments paid pursuant to the child support order that will be terminated will likely result in an overpayment or an increase in an existing overpayment:

(a) A finding that continued payment and disbursement of payments will likely result in an overpayment or increase an existing overpayment; and

(b) A recommendation that the support be impounded and that all impounded funds be disbursed to the appropriate person by the CSEA after the child support order has been terminated.

When the CSEA determines that the support has been assigned to ODJFS pursuant to an OWF or medicaid assignment and that ODJFS has been or will be overpaid by the obligor, recommend that the amount overpaid be disbursed in accordance with rules 5101:12-80-10 and 5101:12-80-10.1 of the Administrative Code.

(iii) When the obligor owes arrears or other balances:

(a) A finding of the amount of arrears or other balances owed by the obligor and the date of the calculation; and

(b) A recommendation that the obligor be found to owe the arrears and other balances and be ordered to pay a monthly arrears payment amount that is compliant with sections 3121.36 and 3123.14 of the Revised Code.

(iv) When amounts are owed for other minor children or for a payment on arrears, other balances, or other obligations:

(a) A finding to initiate or continue income withholding or deduction; and

(b) A recommendation to initiate or continue income withholding or deduction.

(v) When amounts are not owed for other minor children or for a payment on arrears, other balances, or other obligations:

(a) A finding to terminate income withholding or deduction; and

(b) A recommendation to terminate income withholding or deduction.

(vi) When the obligee was overpaid:

(a) A finding that the obligee was overpaid, the amount the obligee was overpaid, and the date through which the overpayment was calculated; and

(b) A recommendation that the obligee be found to have been overpaid and the amount the obligee was overpaid.

(vii) The following statements:

(a) Both the obligor and obligee have the right to request an administrative hearing to object to the findings and recommendations contained in this notice. To request an administrative hearing, submit a written request for an administrative hearing to the CSEA. The obligor and obligee have fourteen days after the issuance of the notice containing the findings and recommendations to submit the written request for an administrative hearing to the CSEA. When the obligor or obligee requests an administrative hearing within fourteen days of the issuance of this notice, which contains the findings and recommendations, no revised court child support order will be issued.

(b) When neither the obligor nor the obligee requests an administrative hearing to object to the findings and recommendations, the findings and recommendations will be submitted to the court for inclusion into a revised or terminated court child support order with no further court hearing.

(2) When the obligee was overpaid, the CSEA may elect to include in the findings and recommendations a recommendation that the obligee repay the obligor the amount the obligee was overpaid.

(D) Impounding support.

(1) When the CSEA is aware that support is or may be overpaid, the CSEA shall impound support paid pursuant to the child support order. When the support order is an administrative child support order, the CSEA shall use the JFS 07523, "Administrative Order to Impound Support"(effective or revised effective date as identified in rule 5101:12-60-99 of the Administrative Code). When the support order is a court support order, the CSEA shall prepare an impound order and include in the impound order the following:

(a) The reason the support is being impounded; and

(b) The amount of support that is to be impounded.

(2) The CSEA shall have copies of the impound order, or JFS 07523, as applicable, issued to the last known addresses of the obligor and obligee.

(3) When the CSEA or court had previously issued a JFS 04047, "Income Withholding for Support"(effective or revised effective date as identified in rule 5101:12-10-99 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), the CSEA shall immediately take action to cancel any previously issued JFS 04047 or JFS 04017. The CSEA shall issue written notice of the cancellation by ordinary mail to the person who was required to comply with the JFS 04047 or JFS 04017.

Last updated February 16, 2024 at 3:12 PM

Supplemental Information

Authorized By: 3119.94, 3125.25
Amplifies: 3119.89, 3119.90
Five Year Review Date: 2/11/2024
Prior Effective Dates: 9/1/1993, 1/1/1998, 10/30/2003, 9/3/2005
Rule 5101:12-60-50.2 | Administrative termination hearing, court hearing, administrative termination order, and disbursement of impounded funds.
 

(A) Administrative termination hearing.

(1) The obligor and obligee to the child support order have the right to object to the administrative termination investigation findings and recommendations within fourteen days after issuance of the findings and recommendations. The child support enforcement agency (CSEA) shall presume that the obligor and obligee received the findings and recommendations three business days after the date the findings and recommendations were issued.

(2) When an obligor or obligee timely requests an administrative termination hearing, the CSEA shall schedule an administrative termination hearing and issue a JFS 07525, "Notice of Administrative Termination Hearing"(effective or revised effective date as identified in rule 5101:12-60-99 of the Administrative Code), to the obligor and obligee at their last known addresses.

(a) At the administrative termination hearing, the obligor and obligee may present testimony and evidence to prove whether a mistake of fact is contained in the findings and recommendations. "Evidence" has the same meaning as in rule 5101:12-60-05 of the Administrative Code. The obligee and obligor may bring a legal or personal representative to the hearing. The CSEA may exclude any individual who is determined by the CSEA not to have a valid interest in the proceedings.

(b) Within fifteen days of the conclusion of the administrative termination hearing, the CSEA shall:

(i) When the child support order is an administrative child support order, prepare a JFS 07526, "Administrative Termination Hearing Decision"(effective or revised effective date as identified in rule 5101:12-60-99 of the Administrative Code), file the JFS 07526 with the administrative child support file, and issue copies of the JFS 07526 to the last known addresses of the obligor and obligee.

(ii) When the child support order is a court support order, prepare an administrative hearing decision and issue copies of the administrative hearing decision to the obligor and obligee.

(3) The CSEA may deny an administrative termination hearing request when the request was not received by the CSEA within fourteen days of the date the JFS 07522, "Findings and Recommendations to Terminate the Administrative Support Order"(effective or revised effective date as identified in rule 5101:12-60-99 of the Administrative Code) is issued.

(a) The CSEA shall deny an administrative termination hearing request when:

(i) The person requesting the administrative termination hearing was not the obligor or the obligee or the representative of the obligor or obligee; or

(ii) The reason the obligor or obligee requested the administrative termination hearing was not related to the findings and recommendations contained in the JFS 07522.

(b) When the CSEA denies an administrative termination hearing request, the CSEA shall issue the JFS 07524, "Denial of Administrative Termination Hearing Request"(effective or revised effective date as identified in rule 5101:12-60-99 of the Administrative Code), to the address of the person who requested the administrative termination hearing within five days of the receipt of the request.

(B) Court hearing.

(1) The obligor and obligee have the right to object to the JFS 07526, when the child support order is an administrative child support order, or the administrative hearing decision, when the child support order is a court child support order, within fourteen days of the date the JFS 07526 or administrative hearing decision is issued, as applicable, by filing an action in one of the following courts:

(a) With respect to an administrative child support order, the juvenile court or other court with jurisdiction under section 2101.022 or 2301.03 of the Revised Code of the county in which the CSEA that issued the order is located.

(b) With respect to a court child support order, in the court that issued the order or that otherwise has jurisdiction over the order.

(2) When the obligor or obligee timely requests a court hearing, the CSEA shall submit a copy of the findings and recommendations and the JFS 07526 or administrative hearing decision, as applicable, to the court within five days of becoming aware of the request for the court hearing.

(C) Administrative termination order.

(1) When neither the obligor nor obligee timely objects to the JFS 07522 or findings and recommendations, the CSEA shall:

(a) When the child support order is an administrative child support order, prepare a JFS 07527, "Administrative Order to Terminate the Administrative Child Support Order"(effective or revised effective date as identified in rule 5101:12-60-99 of the Administrative Code), file the JFS 07527 with the administrative child support record, and issue a copy of the JFS 07527 to the obligor and obligee at their last known addresses.

(b) When the child support order is a court support order, prepare an order that incorporates the CSEA's findings and recommendations and file the order and the findings and recommendations with the court.

(2) When neither the obligor nor obligee timely files a motion to object to the administrative hearing decision or JFS 07526, the CSEA shall:

(a) When the child support order is an administrative child support order, prepare a JFS 07527, file the JFS 07527 with the administrative child support record, and issue a copy of the JFS 07527 to the obligor and obligee at their last known addresses.

(b) When the child support order is a court support order, prepare an order that incorporates the administrative hearing decision; file the order, the findings and recommendations, and the administrative hearing decision with the court; and issue or have issued copies of the order that incorporates the administrative hearing decision to the obligor and obligee at their last known addresses.

(D) Disbursement of impounded funds.

The CSEA shall disburse all funds that have been impounded or overpaid to ODJFS in accordance with the court order or rules 5101:12-80-10 and 5101:12-80-10.1 of the Administrative Code within ten days of:

(1) The date the CSEA issues an administrative order terminating the child support order or receives a journalized court order terminating the child support order; or

(2) The effective date of the child support termination, whichever occurs later.

Last updated February 16, 2024 at 3:12 PM

Supplemental Information

Authorized By: 3119.94, 3125.25
Amplifies: 3119.91, 3119.92, 3119.93
Five Year Review Date: 2/11/2024
Prior Effective Dates: 9/1/1993, 1/1/1995, 1/1/1998, 8/1/1998, 8/1/2014
Rule 5101:12-60-70 | Reduction of permanently assigned arrears.
 

(A) This rule and its supplemental rules describe the process for a reduction of permanently assigned arrears as a result of an obligor satisfying all the terms and conditions of a waiver, installment plan compromise, lump sum compromise or a family support program.

(B) Procedures submitted by a child support enforcement agency (CSEA) for a waiver and compromise program and approved by the office of child support (OCS) prior to the effective date of this rule and its supplemental rules remain valid except to the extent that any provision of the CSEA procedure is inconsistent with the requirements contained in this rule and its supplemental rules.

(C) The following definitions apply to this rule and its supplemental rules:

(1) "Conditionally assigned arrears" has the same meaning as in rule 5101:12-80-10 of the Administrative Code.

(2) "Current obligation" has the same meaning as in rule 5101:12-80-10 of the Administrative Code.

(3) "Family support program" means a community-based program, approved or administered by the CSEA, in which an obligor may participate to promote financial and/or family stability.

(4) "Family support program agreement" means a written agreement between an obligor and a CSEA in which the obligor participates in a family support program in exchange for the CSEA reducing permanently assigned arrears by an amount certain.

(5) "Installment plan compromise" means a written agreement between an obligor and a CSEA to reduce permanently assigned arrears by an amount certain in exchange for the obligor to pay a monthly support amount for a specific time period. In exchange for the obligor's compliance, the CSEA reduces permanently assigned arrears by specific amounts at specific time periods.

(6) "Lifetime maximum amount" means the total amount the CSEA is authorized to approve locally to be reduced from permanently assigned arrears on a support enforcement tracking system (SETS) case.

(7) "Lump sum compromise" means a written agreement between an obligor and a CSEA to reduce permanently assigned arrears by an amount certain in exchange for a lump sum payment of a specified amount. In exchange for the obligor's compliance, the CSEA reduces permanently assigned arrears by a specified amount.

(8) "Permanently assigned arrears" means:

(a) Child support, spousal support, past care, or medical support arrears that are permanently assigned to the Ohio department of job and family services (ODJFS) or the Ohio department of medicaid (ODM) pursuant to an Ohio works first (OWF) assignment or permanently assigned to ODJFS, ODM or another state pursuant to an aid to families with dependent children, temporary assistance for needy families, medicaid, or Title IV-E foster care maintenance assignment.

(b) Reimbursement owed to ODJFS or ODM for medical expenses or genetic testing cost.

(9) "Unreimbursed assistance" has the same meaning as in rule 5101:12-80-09 of the Administrative Code.

(10) "Waiver" means a written agreement between an obligor and a CSEA to reduce permanently assigned arrears to an amount certain, including when the amount certain is zero dollars, without requiring a payment in exchange by the obligor.

Last updated October 12, 2023 at 11:16 AM

Supplemental Information

Authorized By: 3125.25
Amplifies: 3125.03, 3125.24, 3125.25
Five Year Review Date: 1/11/2027
Prior Effective Dates: 10/1/2010
Rule 5101:12-60-70.1 | Procedures for a reduction of permanently assigned arrears.
 

(A) A child support enforcement agency (CSEA) may elect to establish a procedure for a reduction of permanently assigned arrears that is consistent with rule 5101:12-60-70 of the Administrative Code and its supplemental rules. When a CSEA elects to establish such a procedure, the CSEA shall submit the procedure to the office of child support (OCS) prior to negotiating any agreements for a reduction of permanently assigned arrears.

(B) The CSEA shall submit its procedure for a reduction of permanently assigned arrears to OCS for approval when the CSEA:

(1) Elects to establish a procedure for a reduction of permanently assigned arrears and does not already have such a procedure; or

(2) Amends an approved procedure; or

(3) Has an approved procedure which is inconsistent with the requirements in rule 5101:12-60-70 of the Administrative Code and its supplemental rules; or

(4) Elects to establish or utilize a family support program that will result in a reduction of permanently assigned arrears in excess of the lifetime maximum amount.

(C) A family support program as described in paragraph (B)(4) of this rule, shall include the following:

(1) The name of the program;

(2) The goal(s) of the program;

(3) The obligor's responsibilities in the program;

(4) The frequency the CSEA will reduce the permanently assigned arrears on the support enforcement tracking system (SETS) case;

(5) The amount that may be reduced from the permanently assigned arrears; and

(6) Any other program description requested by OCS.

(D) When the CSEA has an approved procedure that is in accordance with paragraph (A) of this rule:

(1) The CSEA has the authority to deny any request to reduce permanently assigned arrears.

(2) The CSEA director or administrator is authorized to approve, per SETS case, a reduction of permanently assigned arrears up to the lifetime maximum amount of four thousand nine hundred ninety-nine dollars and ninety-nine cents.

(a) The calculation of the lifetime maximum amount includes the total of all agreements previously entered into on a case.

(b) When a CSEA has a family support program approved by OCS, as described in paragraph (B)(4) of this rule, the CSEA is authorized to exceed the requirement of paragraph (D)(2) of this rule.

(E) Any payments collected on a SETS case prior to a CSEA receiving a written request for a reduction of permanently assigned arrears from an obligor or obligor's representative shall not be considered to satisfy any of the terms or conditions of the agreement.

(F) The CSEA shall consult with the agency's legal advisor regarding the reduction of any obligation owed to the CSEA.

(G) When a SETS case has a current obligation, the permanently assigned arrears owed are not eligible for a waiver.

(H) During the period when the obligee is receiving Ohio works first (OWF) benefits, the amount of permanently assigned IV-A arrears that may be reduced shall not exceed the amount of unreimbursed assistance (URA) on the SETS case.

(I) The CSEA shall only issue one waiver agreement per SETS case.

(J) There is no limit on the number of compromise agreements or family support program agreements a CSEA may issue per SETS case.

(1) If any agreement exceeds the lifetime maximum amount as calculated pursuant to paragraph (D)(2) of this rule, the CSEA shall submit the request to OCS as described in paragraph (E)(3) of rule 5101:12-60-70.2 of the Administrative Code.

(2) The CSEA and the obligor must satisfy the terms and conditions of the agreement before another agreement can be initiated.

(K) The CSEA shall intervene in any known legal action for a reduction of permanently assigned arrears when the CSEA has not been made a party to the action and the action is pending or the appeal period has not lapsed.

(L) When the CSEA receives a court order for a reduction of conditionally assigned arrears:

(1) The CSEA shall comply with the order unless the CSEA has been notified that the obligor's federal income tax refund offset has been applied to all or part of the conditionally assigned arrears identified in the court order, in accordance with paragraph (D) of rule 5101:12-50-32.6 of the Administrative Code.

(2) The CSEA shall immediately take action to preserve for the state the amount of conditionally assigned arrears that are satisfied by the federal income tax refund, when the CSEA has been notified that the obligor's federal income tax refund offset has been applied to the conditionally assigned arrears and the appeal period for the court order has not lapsed.

Last updated October 12, 2023 at 11:16 AM

Supplemental Information

Authorized By: 3125.25
Amplifies: 3125.03, 3125.24, 3125.25
Five Year Review Date: 1/11/2027
Rule 5101:12-60-70.2 | Process for a reduction of permanently assigned arrears.
 

(A) A reduction of permanently assigned arrears is a negotiation between the child support enforcement agency (CSEA) and the obligor or obligor's representative. No obligor has a right, either explicit or implied, to require the CSEA or office of child support (OCS) to reduce permanently assigned arrears.

(B) An agreement to reduce permanently assigned arrears shall not:

(1) Alter an obligor's requirement to pay the full monthly support obligation amount owed on a support order; or

(2) Operate to stay the collection of any current obligation, other arrears or balances.

(C) An obligor or an obligor's representative shall initiate a negotiation for a reduction of permanently assigned arrears by submitting a written request to the CSEA.

(1) The CSEA shall require the obligor or the obligor's representative to submit financial records or other relevant documents to demonstrate financial hardship or other hardship, and any other information requested by the CSEA.

(2) When an obligor or obligor's representative fails to submit the required documentation, the CSEA shall deny the request. The obligor or obligor's representative has the right to submit a new request.

(3) When an obligor or obligor's representative submits a request and the arrears are assigned to another state:

(a) The CSEA shall forward the request to the other state; and

(b) The CSEA shall not reduce the permanently assigned arrears to another state when the other state has not provided the CSEA with written authorization for the reduction of the permanently assigned arrears.

(D) Upon receipt of the written request as described in paragraph (C) of this rule, the CSEA shall initiate action to negotiate a reduction of permanently assigned arrears.

(E) When the CSEA has completed a negotiation for a reduction of permanently assigned arrears, within a reasonable time the CSEA shall:

(1) Complete the JFS 07717, "Determination Regarding Negotiation for a Reduction of Permanently Assigned Arrears" (effective or revised effective date as identified in rule 5101:12-60-99 of the Administrative Code).

(2) Approve or deny a request for a reduction of permanently assigned arrears as described in paragraph (D) of rule 5101:12-60-70.1 of the Administrative Code; or

(3) Recommend approval, and submit to OCS, via electronic mail, scanned copies of the signed JFS 07717, and any documentation submitted by the obligor or the obligor's representative, when the requested amount, if approved, would exceed the lifetime maximum amount as described in paragraph (D)(2) of rule 5101:12-60-70.1 of the Administrative Code.

(4) Issue a notice to the obligor when the request for a reduction of permanently assigned arrears is denied by the CSEA or OCS, and provide the reason for the denial.

(F) OCS shall acknowledge receipt of the JFS 07717 in accordance with paragraph (E)(3) of this rule. If OCS does not issue a written response within ten business days of acknowledging receipt of the JFS 07717, the CSEA shall consider the pending request as approved.

(G) OCS reserves the right to deny a request from a CSEA if OCS determines there is an undue delay of submission of the request. The CSEA may work with the obligor to resubmit a current request. "Undue delay" means a delay in submission of a negotiation contained in a JFS 07717 to OCS in which the information contained in the submission is stale, outdated, or that may have led to a change in position of any participant to the negotiation.

(H) The CSEA shall maintain copies of all the documents described in this rule in the obligor's relevant case record as described in rule 5101:12-10-05 of the Administrative Code.

Last updated October 12, 2023 at 11:16 AM

Supplemental Information

Authorized By: 3125.25
Amplifies: 3125.03, 3125.24, 3125.25
Five Year Review Date: 1/11/2027
Prior Effective Dates: 10/1/2010
Rule 5101:12-60-70.3 | Agreed entry for a reduction of permanently assigned arrears.
 

(A) An agreed entry for a reduction of permanently assigned arrears shall only pertain to one support enforcement tracking system (SETS) case.

(B) When a child support enforcement agency (CSEA) or the office of child support (OCS) approves a request for a reduction of permanently assigned arrears, the CSEA shall prepare and issue to the obligor:

(1) A JFS 07718, "Administrative Agreed Entry for a Reduction of Permanently Assigned Arrears" (effective or revised effective date as identified in rule 5101:12-60-99 of the Administrative Code) when the support order is an administrative child support order.

(2) An agreed entry when the support order is a court order that includes:

(a) The effective date of the agreement;

(b) The terms and conditions of the agreement:

(i) For a waiver, the amount the CSEA shall reduce from permanently assigned arrears.

(ii) For a lump sum compromise:

(a) The amount the CSEA shall reduce from permanently assigned arrears in exchange for a lump sum payment of a specified amount paid by the obligor; and

(b) The date by which the obligor shall make the payment.

(iii) For an installment plan compromise:

(a) The amount the CSEA shall reduce from permanently assigned arrears for every dollar the obligor pays; and

(b) The frequency (daily, monthly, quarterly, etc.) the CSEA will review the obligor's payment history to determine compliance with the agreement.

(iv) For a family support program:

(a) The name of the program; and

(b) The amount the CSEA shall reduce from permanently assigned arrears in exchange for the obligor's successful completion of the program; and

(v) The amount the CSEA shall reduce from any balance owed to the CSEA.

(c) The following statements:

(i) The rights of the obligee shall not be prejudiced by the agreement to reduce the permanently assigned arrears; and

(ii) When the agreed entry is a waiver or family support program, and a balance remains on the SETS case, the obligor is still responsible for paying in full the remaining support obligation amount owed, and is still subject to all of the collection and enforcement techniques; or

(iii) When the agreed entry is an installment plan compromise, lump sum compromise or family support program, the obligor is still responsible for paying in full the remaining support obligation amount owed on the SETS case, including the current obligation amount, and is still subject to all of the collection and enforcement techniques; and

(iv) When the agreed entry is final, neither the obligor nor the CSEA may re-open matters covered by the agreed entry, by court action or otherwise, unless:

(a) The obligor fails to comply with the terms and conditions set forth in the agreed entry; or

(b) The obligor is believed to have acted with intent to defraud the CSEA by furnishing false information or concealing assets or financial history; or

(c) There is a mutual mistake of a material fact sufficient to cause the agreed entry to be reformed or set aside.

(C) When the terms and conditions of the court agreed entry or JFS 07718 have been satisfied, the CSEA shall:

(1) Reduce the permanently assigned arrears by the amount identified in the agreed entry; and

(2) Reduce the unreimbursed assistance (URA) by an amount equal to the amount of permanently assigned arrears that are reduced.

(D) The CSEA shall consider whether it is appropriate to initiate an action to reinstate the permanently assigned arrears when:

(1) The obligor fails to comply with the terms and conditions set forth in the agreed entry; or

(2) The obligor is believed to have acted with intent to defraud the CSEA by furnishing false information or concealing assets or financial history; or

(3) There is a mutual mistake of material fact sufficient to cause the agreed entry to be reformed or set aside.

(E) The CSEA shall provide any of the following upon request by OCS:

(1) A copy of the documents described in paragraph (C)(1) of rule 5101:12-60-70.2 of the Administrative Code; and

(2) A copy of the signed JFS 07718 or journalized agreed entry; and

(3) Any other documentation, as determined by OCS, of agreements to reduce permanently assigned arrears for support orders administered by the CSEA.

Last updated October 12, 2023 at 11:16 AM

Supplemental Information

Authorized By: 3125.25
Amplifies: 3125.03, 3125.24, 3125.25
Five Year Review Date: 1/11/2027
Prior Effective Dates: 10/1/2010
Rule 5101:12-60-70.4 | Reporting requirements for a reduction of permanently assigned arrears.
 

(A) The child support enforcement agency (CSEA) shall utilize the reporting database provided by the office of child support (OCS) to track and maintain a cumulative record of all requests and agreements for a reduction of permanently assigned arrears, regardless of whether the request is approved or denied.

(1) Upon approval of a procedure as described in paragraph (B) of rule 5101:12-60-70.1 of the Administrative Code, OCS shall provide the reporting database to a CSEA; or

(2) If a CSEA has a previously approved procedure, OCS shall provide the database to the CSEA upon the effective date of this rule.

(B) The CSEA shall merge all prior existing records into the OCS provided database. All other CSEA reporting formats shall be obsolete as of the effective date of this rule.

(C) The CSEA shall submit the OCS provided database, to OCS quarterly, no later than January thirty first, April thirtieth, July thirty first and October thirty first.

(1) The CSEA shall submit the OCS provided database every quarter, even if there are no changes from the previous quarter.

(2) If a CSEA fails to submit the OCS provided database and supply the required data, OCS may revoke a CSEA's approved procedure.

(D) OCS reserves the right to make changes or updates to the reporting database. OCS will provide the revised version of the reporting database to the CSEA's once it's completed.

Last updated October 12, 2023 at 11:16 AM

Supplemental Information

Authorized By: 3125.25
Amplifies: 3125.24, 3125.25
Five Year Review Date: 1/11/2027
Rule 5101:12-60-70.5 | County initiation of a reduction of permanently assigned arrears.
 

(A) This rule describes the process a child support enforcement agency (CSEA) may use to initiate a reduction of permanently assigned arrears.

(B) The CSEA may initiate a reduction of permanently assigned arrears on an arrears only support enforcement tracking system (SETS) case when all of the following conditions exist:

(1) All of the arrears are permanently assigned to the state, as defined in rule 5101:12-60-70 of the Administrative Code;

(2) There has been no collection received on the SETS case during the past two years; and

(3) There is documentation in the case record that:

(a) All manual and automated location efforts have been unsuccessful for the past two years; or

(b) All enforcement efforts have been unsuccessful for the past two years.

(C) Upon approval of the CSEA, or OCS (when applicable) the CSEA shall:

(1) Prepare and file the JFS 04057, "Notice to Court or Administrative Case Record of a Reduction of Permanently Assigned Arrears" (effective or revised effective date as identified in rule 5101:12-60-99 of the Administrative Code) with the court when the order is a judicial order, or in the administrative record when the order is an administrative order; and

(2) Issue the JFS 04057 by ordinary, first class mail to the obligor's last known address.

(D) The CSEA shall comply with all other provisions in rules 5101:12-60-70 to 5101:12-60-70.4 of the Administrative Code.

Last updated October 12, 2023 at 11:16 AM

Supplemental Information

Authorized By: 3125.25
Amplifies: 3125.03, 3125.24, 3125.25
Five Year Review Date: 1/11/2027