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