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

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.

(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 private health insurance coverage for the child subject to the child support order that is reasonable in cost, or to report available health insurance coverage;

(ii) To provide cash medical support when private health insurance coverage is not available to either party to the child support order or is not being provided by the health insurance obligor(s) in accordance with the order; 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 document.

(5) "Guidelines" refers to the Ohio child support guidelines as set forth in Chapter 3119. of the Revised Code.

(6) "Non-requesting party" means the person who did not submit the JFS 01849,"Request for Administrative Review of the Support Order" (rev. 12/2008), or, in an administrative review initiated by the child support enforcement agency (CSEA), the obligor.

(7) "Party" or "parties" means the obligee, which may be a caretaker or any party with legal 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.

(8) "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 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 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 at least one of the medical support provisions identified in paragraph (B)(1)(d) of this rule.

(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) 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.

(G) 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" (rev. 2/2009), 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.

Replaces: 5101:12-60-05

Effective: 03/01/2009
R.C. 119.032 review dates: 03/01/2014
Promulgated Under: 119.03
Statutory Authority: 3125.25
Rule Amplifies: 3119.60 , 3119.61 , 3119.63 , 3125.03
Prior Effective Dates: 1/1/87 (Emer), 3/20/87, 12/1/87, 3/18/91, 7/15/92, 12/31/93, 1/1/95, 6/21/96, 7/22/96, 1/1/98, 12/1/01, 12/31/90 (Emer), 2/21/91, 9/1/93, 12/1/01, 9/1/05

5101:12-60-05.1 Initiation of an administrative review.

(A) Every thirty-six months after the date of the most recent child support order, the child support enforcement agency (CSEA) with administrative responsibility for the child support order shall initiate an administrative review of a case in which the child is currently receiving Ohio works first benefits. Unless a court has determined that a review and adjustment of the child support order is not in the best interest of the child, the CSEA shall presume that an administrative review is in the best interest of the child.

When a caretaker has received a good cause waiver determination, the CSEA shall issue a JFS 01867, "Right to Request an Administrative Review of the Support Order" (rev. 7/2005) to the caretaker.

(1) When the caretaker or the other party to the child support order wants an administrative review, the CSEA shall proceed in accordance with this rule.

(2) When neither the caretaker nor the other party wants an administrative review, the CSEA is not required to proceed with the administrative review.

(B) The CSEA shall immediately initiate a review and adjustment upon discovery that a child support order does not include the medical support provision to either provide private health insurance coverage that is reasonable in cost for the child or to report any available private health insurance coverage to the CSEA or court.

(C) The CSEA may initiate an administrative review and adjustment when a child support order was issued or modified in accordance with section 3119.30 of the Revised Code as that section existed before the implementation of Amended Substitute House Bill 119 of the 127th General Assembly and:

(1) There is a medical support provision for both parties to report when private health insurance coverage for the child becomes available;

(2) One of the parties reports that private health insurance coverage for the child has become available; and

(3) A health insurance obligor has not been identified.

(D) Either party may initiate an administrative review every thirty-six months from the date of the most recent support order by:

(1) Completing and submitting the JFS 01849, "Request for an Administrative Review of the Child Support Order" (rev. 12/2008), to the CSEA.

(2) Applying for an administrative review at the CSEA in the county of residence. When the county of residence is not the county with administrative responsibility, the CSEA in the county of residence shall transfer the JFS 01849 to the CSEA with administrative responsibility within two business days of receipt of the JFS 01849. The CSEA with administrative responsibility may request assistance from the CSEA in the county of residence in obtaining additional information in order to proceed with the administrative review process.

(E) Either party may initiate an administrative review by submitting the JFS 01849 to the CSEA sooner than thirty-six months when any of the following circumstances applies:

(1) The existing child support order established a minimum or a reduced child support obligation based on the guidelines due to the unemployment or underemployment of one of the parties and that party is no longer unemployed or underemployed. The requesting party must provide to the CSEA evidence or information supporting an allegation of the change in the employment status.

(2) Either party has become unemployed or been laid off, the unemployment or lay off is beyond the party's control, and the unemployment or lay off has continued uninterrupted for thirty consecutive days. The requesting party must provide to the CSEA evidence of the unemployment or lay off, including evidence that the unemployment or lay off is beyond the party's control. When the amount of the existing child support obligation was calculated based on the annualized income of an individual who is employed in a seasonal occupation, and the cause of the request for a review is a seasonal lay off, then the party does not meet the criteria for an administrative review under this section.

(3) Either party has become unemployed due to a plant closing or mass lay off as defined in the Worker Adjustment and Retraining Notification (WARN) Act, 29 U.S.C. 2101 to 29 U.S.C. 2109 (8/4/1988). The administrative review request may only be made after the worker's last day of employment. The worker's last day of employment is considered the date of that worker's lay off. The worker must provide to the CSEA a copy of the notice of the plant closing or mass lay off provided pursuant to the WARN Act.

(4) Either party has become permanently disabled, reducing his or her earning ability. The requesting party must provide to the CSEA verification of receipt of benefits administered by the social security administration due to the permanent disability or a physician's complete diagnosis and permanent disability determination.

(5) Either party has been institutionalized or incarcerated and cannot pay support for the duration of the child's minority and no income or assets are available to the party that could be levied or attached for support. The requesting party must provide evidence of the institutionalization or incarceration and the inability to pay support during the child's minority.

(6) Either party has experienced a thirty per cent decrease that is beyond the party's control, or an increase in gross income or income-producing assets for a period of at least six months that can reasonably be expected to continue for an extended period of time. The requesting party must provide to the CSEA evidence or information supporting an allegation of a change in status.

(7) The child support order is not in compliance with the guidelines because the child support obligation has terminated for one or more children and a support obligation still exists for another child subject to the support order.

(8) In administrative child support orders over which a court has not taken jurisdiction, to consolidate children of the same parents for whom a duty of support has been established into a single administrative child support order that is in compliance with the guidelines.

(9) Either party requests access to available or improved private health insurance coverage for the child. The requesting party must provide to the CSEA evidence or information supporting the allegation that access to new or improved private health insurance is available.

(10) Either party has experienced an increase or decrease in the cost of child care or ordered health insurance coverage. When the newly reported cost of child care or health insurance would change the existing support obligation by more than ten per cent, then the party meets the criteria for an administrative review. The requesting party must provide to the CSEA evidence or information supporting an allegation of an increase or decrease in the cost of health insurance or child care. When the request is based on a change in the cost of private health insurance, the requesting party must provide to the CSEA evidence regarding the cost of a family plan and the cost of an individual plan.

(11) The child support order was issued or modified in accordance with section 3119.30 of the Revised Code as adopted under Amended Substitute House Bill 119 of the 127th General Assembly and the private health insurance that is currently being provided in accordance with the support order is no longer accessible or reasonable in cost. The requesting party must provide to the CSEA evidence or information supporting an allegation that the private health insurance is no longer accessible or reasonable in cost.

(12) The child support order contains a medical support provision for cash medical support and the obligor reports that his or her annual gross income is now below one hundred fifty per cent of the federal poverty level for an individual. The obligor must provide to the CSEA evidence or information supporting an allegation that his or her annual gross income is below one hundred fifty per cent of the federal poverty level for an individual.

(13) The obligor is a member of the uniformed services and is called to active military service for a period of more than thirty days.

(14) An obligor who received a temporary support order adjustment pursuant to rule 5101:12-60-05.2 of the Administrative Code has notified the CSEA that the obligor's term of active military service has ended and has provided written documentation sufficient to establish that the obligor's employer has violated the Uniformed Services Employment and Reemployment Rights Act, 38 U.S.C. 4301 to 38 U.S.C. 4333 (10/9/1996).

(F) The CSEA shall provide a JFS 01849 to a party requesting an administrative review within three business days of the request.

(G) The CSEA is not required to administratively review or adjust a child support order when either party elects to proceed through court, either through self-representation or through private counsel, or an action has been filed with the court by either party that may have an impact on the administrative review. When a party elects to proceed through the court and the court subsequently dismisses the action, the CSEA may administratively review the child support order in accordance with this rule.

Replaces: 5101:12-60- 05.1

Effective: 03/01/2009
R.C. 119.032 review dates: 03/01/2014
Promulgated Under: 119.03
Statutory Authority: 3125.25
Rule Amplifies: 3119.60 , 3119.61 , 3119.63 , 3125.03
Prior Effective Dates: 1/1/87 (Emer), 3/20/87, 12/1/87, 3/18/91, 7/15/92, 12/31/93, 1/1/95, 6/21/96, 7/22/96, 1/1/98, 12/1/01, 12/31/90 (Emer), 2/21/91, 9/1/93, 12/1/01, 9/1/05

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 must complete and submit JFS 01849, "Request for an Administrative Review of the Child Support Order," (rev. 12/2008). The obligor must 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 must 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 has 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.

Effective: 03/01/2009
R.C. 119.032 review dates: 11/24/2008 and 03/01/2014
Promulgated Under: 119.03
Statutory Authority: 3125.25
Rule Amplifies: 3119.60 , 3119.61 , 3119.63 , 3119.77 , 3119.771 , 3119.772 , 3119.773 , 3125.03
Prior Effective Dates: 9/1/05

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" (rev. 12/2008), 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) Either 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) Either 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) Neither party resides in Ohio, unless the request is made in accordance with rule 5101:12-60-05.2 of the Administrative Code. 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 either 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 as follows:

(1) Within one hundred eighty days of receiving a JFS 01849 or locating the non-requesting party, whichever occurs later, the CSEA shall:

(a) 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" (rev. 10/2007), to the requesting party that includes the reason for the denial, or

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

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

(ii) Issue a JFS 01868, "Dismissal of Administrative Review Request" (7/2005), to dismiss the scheduled review:

(a) In accordance with paragraph (E)(3)(a) of this rule, or

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

(2) When an administrative review is to be conducted, the CSEA shall schedule the review for a date that is at least forty-five days in the future and issue a JFS 07606, "Administrative Adjustment Review Notification" (rev. 8/2008), to the last known address of the parties at least forty-five days before the date certain.

(3) The parties are required to provide the CSEA with evidence of their income, available private health insurance, and any other relevant information necessary for the CSEA to properly review the child support order. The parties shall provide the required information no later than the date certain.

(a) Should the requesting party fail to submit the required information, the CSEA may issue a JFS 01868 to both parties indicating that the administrative review has been abandoned by the requesting party. Both parties have the right to submit a new JFS 01849.

(b) Should the non-requesting party fail to submit the required information, the CSEA shall proceed in accordance with section 3119.72 of the Revised Code.

(4) When the parties wish to conduct the administrative review sooner than the required forty-five-day time period and the CSEA has sufficient information to proceed with an administrative review, both parties 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 parties and the CSEA. When the parties and CSEA fail to agree upon a date, the administrative review shall occur on the date certain.

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

Replaces: 5101:12-60- 05.3

Effective: 03/01/2009
R.C. 119.032 review dates: 03/01/2014
Promulgated Under: 119.03
Statutory Authority: 3125.25
Rule Amplifies: 3119.60 , 3119.61 , 3119.63 , 3125.03
Prior Effective Dates: 1/1/87 (Emer), 3/20/87, 12/1/87, 3/18/91, 7/15/92, 12/31/93, 1/1/95, 6/21/96, 7/22/96, 1/1/98, 12/1/01, 12/31/90 (Emer), 2/21/91, 9/1/93, 12/1/01, 9/1/05

5101:12-60-05.4 Calculation and recommendation of a revised order for child and medical support.

(A) On the date the administrative review is conducted, the child support enforcement agency (CSEA) shall calculate the appropriate amount of the support obligations to be paid under the child support order in accordance with rule 5101:12-45-10 of the Administrative Code.

(1) When the non-requesting party's copy of the JFS 07606, "Administrative Review Notification" (rev. 8/2008), is returned to the CSEA as undeliverable (indicating that the non-requesting party failed to comply with the address reporting requirements specified in the existing support order), the CSEA shall proceed with the guidelines calculation using the requesting party's provided information and, for the non-requesting party, imputed income based on reasonable assumptions.

(2) The requesting party may not dismiss the request for an administrative review on or after the date certain.

(B) Except as stated in rule 5101:12-60-05.2 of the Administrative Code, when the CSEA recommends an adjustment to the existing child support order, the effective date of the adjustment shall be the first day of the month following the date certain.

When the non-requesting party's copy of the JFS 07606 is returned to the CSEA as undeliverable (indicating that the non-requesting party failed to comply with the address reporting requirements specified in the existing support order), the date certain shall be preserved.

(C) Within five days of the date the administrative review is conducted, the CSEA shall incorporate the findings and conclusions in the JFS 07724, "Administrative Adjustment Recommendation" (rev. 8/2008), and issue a copy of the JFS 07724 to each party to the child support order by regular mail.

(1) When the non-requesting party's copy of the JFS 07606 is returned to the CSEA as undeliverable (indicating that the non-requesting party failed to comply with the address reporting requirements specified in the existing support order), the CSEA shall not mail the JFS 07724 to either party. Instead, the CSEA shall issue the JFS 01866, "Administrative Review Pending Notice" (rev. 07/2005), to the requesting party within five days of the date certain.

(2) Within three business days of obtaining a valid address for the non-requesting party, the CSEA shall issue the JFS 07724 to both parties by regular mail.

(D) When no party timely objects to the JFS 07724, the CSEA shall, within five days:

(1) When the child support order is a judicial order, submit the JFS 07724 to the court; or

(2) When the child support order is an administrative child support order, issue a JFS 07719, "Administrative Order for Child Support and Medical Support" (rev. 8/2008) to both parties. The CSEA shall incorporate the administrative recommendations in the JFS 07719 and shall issue the JFS 07719 regardless of whether or not the support obligations or medical support provisions are to be adjusted.

(E) Any support order issued as a result of an administrative review shall be subject to the withholding or other deduction notices or orders described in section 3121.03 of the Revised Code.

Replaces: 5101:12-60- 05.4

Effective: 03/01/2009
R.C. 119.032 review dates: 03/01/2014
Promulgated Under: 119.03
Statutory Authority: 3125.25
Rule Amplifies: 3119.60 , 3119.61 , 3119.63 , 3125.03
Prior Effective Dates: 1/1/87 (Emer), 3/20/87, 12/1/87, 3/18/91, 7/15/92, 12/31/93, 1/1/95, 6/21/96, 7/22/96, 1/1/98, 12/1/01, 12/31/90 (Emer), 2/21/91, 9/1/93, 12/1/01, 9/1/05

5101:12-60-05.5 Notice of hearing rights.

(A) The JFS 07724, "Administrative Adjustment Recommendation" (rev. 8/2008), notifies each party to the child support order of each party's right to request an administrative adjustment hearing and the procedures and time deadlines for requesting the administrative adjustment hearing.

(1) 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 either party requests an administrative adjustment hearing within fourteen days of receipt of the JFS 07724.

(a) When the existing court support order contains a deviation granted under section 3119.23 or 3119.24 of the Revised Code or when either party intends to request a deviation, each 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.

(b) In order to exercise this right, the party must file the request for a court hearing with the court no later than fourteen days of the date of receipt of the JFS 07724.

(2) 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" (rev. 8/2008), unless either party requests an administrative adjustment hearing within thirty days of the date of receipt of the JFS 07724.

(B) The JFS 07724 is considered to have been received by the parties three business days after the issuance date.

Replaces: 5101:12-60- 05.5

Effective: 03/01/2009
R.C. 119.032 review dates: 03/01/2014
Promulgated Under: 119.03
Statutory Authority: 3125.25
Rule Amplifies: 3119.60 , 3119.61 , 3119.63 , 3125.03
Prior Effective Dates: 1/1/87 (Emer), 3/20/87, 12/1/87, 3/18/91, 7/15/92, 12/31/93, 1/1/95, 6/21/96, 7/22/96, 1/1/98, 12/1/01, 12/31/90 (Emer), 2/21/91, 9/1/93, 12/1/01, 9/1/05

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 either party to the child support order has submitted a timely request for an administrative adjustment hearing.

(B) Either 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" (rev. 8/2008).

(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 of the date the parties received the JFS 07724.

(2) In accordance with division (A) of section 3119.62 of the Revised Code [sic], when the order is an administrative child support order, the request must be received by the CSEA within thirty days of the date the parties received the JFS 07724.

(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" (4/1996), to each party's last known address by regular mail.

(D) The CSEA may grant a request from either 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 either party 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" (rev. 4/1996), 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 either party, the CSEA shall issue the JFS 01856, "Denial of Request to Reschedule Administrative Review and Adjustment Hearing" (rev. 7/2005), 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 one of 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, "Administrative Adjustment Hearing Request Denial Notice" (rev. 11/2001), to each party by regular 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 the party's contention that the CSEA did not correctly evaluate the party's income, when such income information had been provided, or did not make reasonable assumptions with respect to the income of any person who failed to provide income information. Either 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) Within ten days of the administrative adjustment hearing, the CSEA shall issue the JFS 07770, "Administrative Adjustment Hearing Decision" (rev. 11/2001), to the last known address of both parties by regular 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.

(L) The JFS 07770 contains the following notices of each party's right 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 fifteen days of the issuance date of the JFS 07770.

(2) When the order is an administrative child support order, the parties may, within fifteen 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.

(M) 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 either party at the hearing.

(N) 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.

Replaces: 5101:12-60- 05.6

Effective: 03/01/2009
R.C. 119.032 review dates: 03/01/2014
Promulgated Under: 119.03
Statutory Authority: 3125.25
Rule Amplifies: 3119.60 , 3119.61 , 3119.63 , 3125.03
Prior Effective Dates: 12/31/90 (Emer), 2/21/91, 9/1/93, 12/1/01, 9/1/05

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.

Replaces: 5101:1-32-06

R.C. 119.032 review dates: 12/22/2011 and 12/01/2016
Promulgated Under: 119.03
Statutory Authority: 3125.25
Rule Amplifies: 3125.86
Prior Effective Dates: 7/15/92, 3/9/03, 1/1/07

5101:12-60-50 Termination of support.

(A) Purpose of this rule and its supplementary rules.

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 exists.

(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. 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's attainment of 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 ceasing 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) The child support order states that child support shall not remain in effect after the child reaches nineteen years of age unless, in a court child support order, the order provides that the duty of support continues under circumstances described in division (A)(1)(a) or (A)(1)(b) of section 3119.86 of the Revised Code for any period after the child reaches age nineteen;

(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; or

(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.

(E)

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;

(2) The mother and father of the child marry or remarry one another, the child resides with the mother and father, and no other person has legal custody of the child; or

(3) 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.

(F) 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 (E) of this rule, the CSEA shall not administratively terminate the child support order. Instead, the CSEA:

(1) Shall issue a JFS 07521, "Notice to Continue Support" (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.

(G)

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.

Effective: 08/01/2014
R.C. 119.032 review dates: 04/24/2014 and 08/01/2019
Promulgated Under: 119.03
Statutory Authority: 3119.94 , 3125.25
Rule Amplifies: 3119.87 , 3119.88
Prior Effective Dates: 8/1/90, 4/1/92, 9/1/93, 12/31/93, 1/1/95, 1/1/98, 8/1/98, 12/1/98, 8/1/03, 10/30/03, 9/3/05, 1/1/06, 11/15/08

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)(12) of rule 5101:12-60-50 of the Administrative Code has occurred; or

(c) An administrative termination reason described in paragraph (E) 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, "Notice to Continue Support" (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 paragragh 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 anadministrative 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)(3)(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 thirty days after receipt 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 thirty days of receipt 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, "Order/Notice to Withhold Income for Child and Spousal 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 regular mail to the person who was required to comply with the JFS 04047 or JFS 04017.

Effective: 08/01/2014
R.C. 119.032 review dates: 04/24/2014 and 08/01/2019
Promulgated Under: 119.03
Statutory Authority: 3119.94 , 3125.25
Rule Amplifies: 3119.89 , 3119.90
Prior Effective Dates: 8/1/90, 4/1/92, 9/1/93, 12/31/93, 1/1/95, 1/1/98, 8/1/98, 12/1/98, 8/1/03, 10/30/03, 9/3/05, 1/1/06, 11/15/08, 3/1/2013

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 thirty days after receipt 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 thirty days of the date the obligor and obligee received 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).

(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 thirty 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.

Effective: 08/01/2014
R.C. 119.032 review dates: 04/24/2014 and 08/01/2019
Promulgated Under: 119.03
Statutory Authority: 3119.94 , 3125.25
Rule Amplifies: 3119.91 , 3119.92 , 3119.93
Prior Effective Dates: 8/1/90, 4/1/92, 9/1/93, 12/31/93, 1/1/95, 1/1/98, 8/1/98, 12/1/98, 8/1/03, 10/30/03, 9/3/05, 1/1/06, 11/15/08

5101:12-60-70 Waiver and compromise of permanently assigned arrears.

(A) This rule and its supplemental rules describe the process for negotiating a waiver or compromise of permanently assigned arrears.

(B) The following terms apply to this rule and its supplemental rules:

(1) "Compromise" means a written agreement between an obligor and a child support enforcement agency (CSEA) to reduce permanently assigned arrears by an amount certain in exchange for a payment or payments.

(a) A "lump sum compromise" requires the obligor to make a lump sum payment of a specified amount. In exchange, the CSEA reduces permanently assigned arrears by a specified amount.

(b) An "installment plan compromise" requires 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.

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

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

(4) "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) pursuant to an Ohio works first (OWF) assignment or permanently assigned to ODJFS 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 for medical expenses or genetic testing costs.

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

(6) "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.

(C) A CSEA may elect to establish a procedure for negotiating a waiver or compromise of permanently assigned arrears. When a CSEA elects to establish such a procedure:

(1) The CSEA director or administrator is authorized to approve a waiver or compromise of permanently assigned arrears in accordance with this rule and its supplemental rules; and

(2) The CSEA shall document the agency's procedure for negotiating a waiver or compromise of permanently assigned arrears in the agency procedural manual.

(3) The CSEA shall include completing and reviewing the JFS 07717, "Determination Regarding Negotiation for a Waiver or Compromise of Permanently Assigned Arrears" (7/2010), as part of the procedure.

(D) A CSEA shall consult with the agency's legal advisor regarding the waiver or compromise of any obligation owed to the CSEA.

(E) Provisions.

(1) No obligor has a right, either explicit or implied, to require the CSEA or ODJFS to waive or compromise permanently assigned arrears.

(2) When a support order has a current obligation, the permanently assigned arrears owed on the support order are not eligible for a waiver.

(3) A compromise shall not alter an obligor's requirement to pay the full monthly support obligation amount owed on the support order.

(4) The waiver of permanently assigned arrears shall not operate to stay the collection of any other arrears or balances. The compromise of permanently assigned arrears shall not operate to stay the collection of any current obligation, other arrears, or balances.

(5) During the period when the obligee is receiving OWF benefits, the amount of permanently assigned arrears that may be waived or compromised shall not exceed the amount of unreimbursed assistance on the case.

(6) The CSEA shall intervene in any known legal action for a waiver or compromise 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.

(7) The CSEA shall not waive or compromise permanently arrears assigned to another state when the other state has not provided the CSEA with written authorization for the waiver or compromise of the permanently assigned arrears.

(8) The CSEA may only issue one waiver per case. There is no limit on the number of compromises a CSEA may issue per case.

(9) An agreed entry for a waiver or compromise of permanently assigned arrears shall only pertain to one case.

(F) When the CSEA receives a court order for a waiver or compromise of conditionally assigned arrears:

(1) The CSEA shall comply with the order unless the CSEA has been notified that 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) 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, 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 offset.

Effective: 10/01/2010
R.C. 119.032 review dates: 10/01/2015
Promulgated Under: 119.03
Statutory Authority: 3125.25
Rule Amplifies: 3125.03 , 3125.24 , 3125.25

5101:12-60-70.1 Negotiation for a waiver or compromise of permanently assigned arrears.

(A) An obligor may initiate a negotiation for a waiver or compromise of permanently assigned arrears by submitting a written request to the child support enforcement agency (CSEA).

(B) When making a determination regarding a pending negotiation for a waiver or compromise of permanently assigned arrears, a CSEA:

(1) May require an obligor to submit to the CSEA:

(a) Financial records or other relevant documents that demonstrate past, present, and/or future financial hardship;

(b) Any other information requested by the CSEA or by the office of child support (OCS) within the Ohio department of job and family services; and

(2) Shall:

(a) Complete the JFS 07717, "Determination Regarding Negotiation for a Waiver or Compromise of Permanently Assigned Arrears" (7/2010);

(b) Review documents submitted by the obligor, when applicable; and

(c) Forward via electronic mail a scanned copy of the signed JFS 07717, and scanned copies of any documents submitted by the obligor, to OCS for OCS's approval when the pending negotiation is for a waiver or compromise of permanently assigned arrears of five thousand dollars or more.

The threshold for an installment plan compromise is the total amount of permanently assigned arrears that could be compromised under the terms of the agreement.

(C) Within ten business days of the date OCS receives the JFS 07717 in accordance with paragraph (B)(2)(c) of this rule, OCS will issue a written response to the CSEA. Should OCS not timely respond to the CSEA, the CSEA shall consider the pending negotiation approved.

(D) When an obligor's request to negotiate a waiver or compromise of permanently assigned arrears is denied by the CSEA or OCS, the CSEA shall issue a notice to the obligor that the obligor's request is denied and the reason for the denial.

(E) When an obligor submits a request in accordance with paragraph (A) of this rule and the arrears are assigned to another state, the CSEA shall forward the obligor's request to the other state.

(F) The CSEA shall maintain copies of the documents described in this rule in the obligor's relevant case record.

Effective: 10/01/2010
R.C. 119.032 review dates: 10/01/2015
Promulgated Under: 119.03
Statutory Authority: 3125.25
Rule Amplifies: 3125.03 , 3125.24 , 3125.25

5101:12-60-70.2 Agreed entry for a waiver or compromise of permanently assigned arrears.

(A) When a child support enforcement agency (CSEA) or the office of child support (OCS) approves a pending negotiation for the waiver or compromise of permanently assigned arrears, the CSEA shall prepare and issue to the obligor:

(1) When the support order is an administrative child support order, the JFS 07718, "Administrative Agreed Entry for a Waiver or Compromise of Permanently Assigned Arrears" (7/2010).

(2) When the support order is a court support order, an agreed entry that includes:

(a) The terms and conditions of the waiver or compromise, including the amount of permanently assigned arrears that shall be waived or compromised;

(b) For an installment plan compromise, the dates the CSEA will review the obligor's payment history to determine the amount of permanently assigned arrears to reduce as a result of the obligor's compliance with the installment plan; and

(c) The following statements:

(i) The rights of the obligee shall not be prejudiced by the waiver or compromise of permanently assigned arrears;

(ii) When the agreed entry is a waiver, and a balance remains on the 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;

(iii) When the agreed entry is a compromise, the obligor is still responsible for paying in full the remaining support obligation amount owed on the case, including the current obligation amount, and is still subject to all of the collection and enforcement techniques; and

(iv) The waiver or compromise is final and 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;

(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.

(B) Waiver.

When the obligor has satisfied all of the terms and conditions of the agreed entry, the CSEA shall:

(1) Waive 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 waived.

(C) Lump sum compromise.

When the obligor has made the lump sum payment and has satisfied all of the terms and conditions of the agreed entry, the CSEA shall:

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

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

(D) Installment plan compromise.

During the life of the installment plan compromise, at pre-determined intervals, the CSEA shall:

(1) Review the obligor's payment history, determine the amount of permanently assigned arrears to reduce, and reduce the permanently assigned arrears by that amount; and

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

(E) 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;

(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.

(F) The CSEA shall maintain a cumulative log of all waiver and compromise agreements that includes the following information for each agreement:

(1) The names of the obligor and the obligee;

(2) The case number;

(3) The amount of permanently assigned arrears waived or compromised;

(4) The amount of support collected from the obligor as part of the agreed entry;and

(5) The date the agreed entry was adopted by the CSEA or court.

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

(1) A copy of the document described in paragraph (F) of this rule;

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

(3) Any other report, as determined by OCS, of waivers and compromises of permanently assigned arrears for support orders administered by the CSEA.

Effective: 10/01/2010
R.C. 119.032 review dates: 10/01/2015
Promulgated Under: 119.03
Statutory Authority: 3125.25
Rule Amplifies: 3125.03 , 3125.24 , 3125.25

5101:12-60-99 Chapter 60 forms - order administration.

The forms identified in this rule are referenced within various rules contained within division 5101:12 of the Administrative Code. The effective or revised effective dates of the forms are as follows:

(A) JFS 01849, "Request for Administrative Review of the Support Order" (rev. 2/2009);

(B) JFS 01856, "Denial of Request to Reschedule Administrative Review and Adjustment Hearing" (rev. 7/2005);

(C) JFS 01866, "Administrative Review Pending Notice" (rev. 07/2005);

(D) JFS 01867, "Right to Request an Administrative Review of the Support Order" (rev.7/2005);

(E) JFS 01868, "Dismissal of Administrative Review Request" (7/2005);

(F) JFS 04047, "Order/Notice to Withhold Income for Child and Spousal Support" (rev.5/2012);

(G) JFS 07049, "Notice of Right to Request Review of Child and Medical Support Order" (2/2009);

(H) JFS 07521, "Notice to Continue Support" (rev. 6/2014);

(I) JFS 07522, "Findings and Recommendations to Terminate the Administrative Child Support Order" (rev. 6/2014);

(J) JFS 07523, "Administrative Order to Impound Support" (11/2008);

(K) JFS 07524, "Denial of Administrative Termination Hearing Request" (11/2008);

(L) JFS 07525, "Notice of Administrative Termination Hearing" (rev. 2/2009);

(M) JFS 07526, "Administrative Termination Hearing Decision" (11/2008);

(N) JFS 07527, "Administrative Order to Terminate the Administrative Child Support Order" (11/2008);

(O) JFS 07602, "Administrative Adjustment Hearing Notice" (4/1996);

(P) JFS 07606, "Administrative Adjustment Review Notification" (rev. 8/2008);

(Q) JFS 07613, "Administrative Adjustment Review Denial Notice" (rev. 10/2007);

(R) JFS 07633, "Rescheduling Administrative Adjustment Hearing Notice" (rev. 4/1996);

(S) JFS 07717, "Determination Regarding Negotiation for a Waiver or Compromise of Permanently Assigned Arrears" (7/2010);

(T) JFS 07718, "Administrative Agreed Entry for a Waiver or Compromise of Permanently Assigned Arrears" (7/2010);

(U) JFS 07719, "Administrative Order for Child Support and Medical Support" (rev. 8/2008);

(V) JFS 07724, "Administrative Adjustment Recommendation" (rev. 8/2008);

(W) JFS 07728, "Administrative Adjustment Hearing Request Denial Notice" (rev. 11/2001); and

(X) JFS 07770, "Administrative Adjustment Hearing Decision" (rev. 11/2001).

Effective: 08/01/2014
R.C. 119.032 review dates: 08/01/2019
Promulgated Under: 119.03
Statutory Authority: 3125.25
Rule Amplifies: 3125.03 , 3125.25