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

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 for orders issued prior to March 28, 2019 or rules 5101:12-1-17 and 5101:12-45-10 of the Administrative Code for orders issued on or after March 28, 2019.

(1) When a non-requesting parent's copy of the JFS 07606, "Administrative Review Notification" (effective or revised effective date as identified in rule 5101:12-60-99 of the Administrative Code), is returned to the CSEA as undeliverable (indicating that the non-requesting parent failed to comply with the address reporting requirements specified in the existing support order), the CSEA shall proceed with the guidelines calculation using information provided by the other parent, and for the non-requesting parent, 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) When a CSEA conducts a review of a current order, the CSEA shall establish or adjust the ordered payment on arrears in accordance with section 3123.21 of the Revised Code, except that when the recommended current child support amount is zero dollars, the CSEA shall recommend an ordered payment on arrears of:

(1) Fifty dollars for orders issued prior to March 28, 2019; or

(2) Eighty dollars for orders issued on or after March 28, 2019.

(C) 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.

(D) Within five days of the date the administrative review is conducted, the CSEA shall incorporate the findings and recommendations in the JFS 07724, "Administrative Adjustment Recommendation" (effective or revised effective date as identified in rule 5101:12-45-99 of the Administrative Code), and issue a copy of the JFS 07724 to the parties to the child support order by ordinary mail as follows:

(1) When the most recent child support order was filed on or before February 10, 2019, and a non-requesting parent's copy of the JFS 07606 or a non-requesting caretaker's copy of the 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) is returned to the CSEA as undeliverable, the CSEA shall not mail the JFS 07724 to the parties. The CSEA shall continue with location efforts as described in Chapter 5101:12-20 of the Administrative Code;

(a) Within five days of the date certain, the CSEA shall issue the JFS 01866, "Administrative Review Pending Notice" (effective or revised effective date as identified in rule 5101:12-60-99 of the Administrative Code), to the other party or parties; and

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

(2) When the most recent child support order was filed on or after February 11, 2019, the CSEA shall issue the JFS 07724 to the parties by ordinary mail.

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

(1) Submit the JFS 07724 to the court when the child support order is a judicial order or

(2) Issue a 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) to the parties when the child support order is an administrative child support order. 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.

(F) 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: 2/14/2019
Five Year Review (FYR) Dates: 02/14/2024
Promulgated Under: 119.03
Statutory Authority: 3125.25
Rule Amplifies: 3119.60, 3125.03, 3119.63, 3119.61
Prior Effective Dates: 01/01/1987 (Emer.), 03/20/1987, 12/01/1987, 12/31/1990 (Emer.), 02/21/1991, 03/18/1991, 07/15/1992, 09/01/1993, 12/31/1993, 01/01/1995, 06/21/1996, 07/22/1996, 01/01/1998, 12/01/2001, 09/01/2005, 03/01/2009