Lawriter - OAC - 5101:12-60-70.5 County initiation of a reduction of permanently assigned arrears.

5101:12-60-70.5 County initiation of a reduction of permanently assigned arrears.

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

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

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

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

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

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

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

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

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

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

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


Effective: 2/1/2018
Five Year Review (FYR) Dates: 02/01/2023
Promulgated Under: 119.03
Statutory Authority: 3125.25
Rule Amplifies: 3125.03, 3125.24, 3125.25