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