Chapter 5101:12-70 Intergovernmental Cases

5101:12-70-05 Scope and definitions for intergovernmental cases.

(A) This rule and its supplemental rules describe the procedures for processing an intergovernmental case for child support enforcement services.

(B) An initiating or responding child support enforcement agency (CSEA) as defined in this rule shall process intergovernmental cases in accordance with this rule and its supplemental rules, federal regulations found at 45 C.F.R. 303.7 effective January 03, 2011, and provisions of the Uniform Interstate Family Support Act (UIFSA) enacted as sections 3115.01 to 3115.59 of the Revised Code. This rule and its supplemental rules do not apply when a court is acting as the tribunal pursuant to division (X) of section 3115.01 of the Revised Code.

(C) The following definitions, as well as those found in section 3115.01 of the Revised Code, apply to this rule and its supplemental rules:

(1) "Agency," for the purpose of this rule, means a child support enforcement agency (CSEA), acting as a tribunal in accordance with section 3115.05 of the Revised Code, another state, a tribal IV-D agency, or an agency in a country, as defined in this rule.

(2) "Central authority" means the agency designated by a government to facilitate support enforcement with a foreign reciprocating country (FRC) pursuant to section 459A of the Social Security Act effective July 01, 1997.

(3) "Child Support Enforcement Network" (CSENet) is an electronic communications network developed by the federal office of child support enforcement (OCSE) that automatically transmits and receives child support information to and from other states. States use standard CSENet transactions to electronically request or report the obligor location, establishment of paternity and child support order, enforcement of the child support order, and collection activities as well as to transfer interstate case information between states.

(4) "Continuing exclusive jurisdiction" (CEJ) is a tool for use in determining which child support order shall be the controlling order as well as in determining the correct jurisdiction in which a controlling order may be modified. A state has CEJ over a valid child support order issued in that state at any time either the obligee, obligor or the child resides in that state.

(5) "Controlling order state" means:

(a) The state in which the only child support order was issued; or

(b) Where multiple orders exist, the state in which the order determined by a tribunal to control the prospective current child support order was issued.

(6) "Country" means a foreign country (or a political subdivision thereof) declared to be an FRC under section 459A of the Social Security Act and any foreign country (or political subdivision thereof) with which the state has entered into a reciprocal arrangement for the establishment and enforcement of child support obligations to the extent consistent with federal law pursuant to section 459A(d) of the Social Security Act.

(7) "Form" means a federally-approved document used for the establishment and enforcement of child support obligations whether compiled or transmitted in written or electronic format. In interstate cases, such forms include those used for child support enforcement proceedings under UIFSA and described in rule 5101:12-10-70-05.11 of the Administrative Code.

(8) "Initiating agency" means an agency in which an individual has applied for or is receiving services.

(9) "Intergovernmental case" means a case in which the obligor lives and/or works in a different jurisdiction than the obligee and child(ren) that has been referred by an initiating agency to a responding agency for services. An intergovernmental case may include any combination of referrals between states, tribes, and countries. An intergovernmental case also may include cases in which a state agency is seeking only to collect support arrearages, whether owed to the family or assigned to the state.

(10) "Interstate case" means a case in which the obligor lives and/or works in a different state than the obligee and child(ren) that has been referred by an initiating state to a responding state for services. An interstate case includes only a case between states or between a state and the United States territories. An interstate case may include a case in which a state is seeking only to collect support arrearages, whether owed to the family or assigned to the state.

(11) "One-state remedies" means the exercise of a state's jurisdiction over an obligor for the purpose of direct establishment, enforcement, or other action by a state against an obligor in accordance with the long arm provision of UIFSA.

(12) "Registration" means the act of taking jurisdiction over a child support order that was issued by a tribunal of another state for the purpose of enforcement or modification of that order in Ohio as requested by the initiating agency.

(13) "Responding agency" means the agency that is providing services in response to a referral from an initiating agency in an intergovernmental case.

(14) "Tribunal" has the same meaning as in division (X) of section 3115.01 of the Revised Code.

(15) "Uniform Interstate Family Support Act" (UIFSA) means the model act promulgated by the "National Conference of Commissioners on Uniform State Laws" (NCCUSL) and mandated by section 466(f) of the Social Security Act to be in effect in all states.

Replaces: 5101:12-70-05

Effective: 11/01/2011
R.C. 119.032 review dates: 11/01/2016
Promulgated Under: 119.03
Statutory Authority: 3125.25
Rule Amplifies: 3115.01 , 3125.03
Prior Effective Dates: 1/1/98, 3/1/03, 9/1/05

5101:12-70-05.1 CSEA general responsibilities.

(A) This rule describes the general responsibilities that apply to a child support enforcement agency (CSEA) irrespective of the CSEA role in the case as either an initiating or responding agency.

(B) The CSEA shall:

(1) Use federally approved forms in intergovernmental cases, unless a country has provided alternative forms as part of its chapter in "A Caseworker's Guide to Processing Cases with Foreign Reciprocating Countries." These forms are availble at http://www.acf.hhs.gov/programs/cse/international/. When using a paper version, the CSEA meets this requirement by providing the number of complete sets of required documents needed by the responding agency, if one is not sufficient under the responding agency's law;

(2) Within thirty business days of receiving a request, provide any order and payment record information requested by a state IV-D agency for a controlling order determination and reconciliation of arrearages, or notify the state IV-D agency when the information will be provided;

(3) Notify the other agency within ten business days of receipt of new information on an intergovernmental case;

(4) Cooperate with requests for limited services such as quick locate, service of process, assistance with discovery, assistance with genetic testing, teleconferenced hearings, administrative reviews, and copies of court orders and payment records. Requests for other limited services may be honored at the state's option; and

(5) Transmit requests for information and provide requested information electronically to the greatest extent possible.

Effective: 11/01/2011
R.C. 119.032 review dates: 11/01/2016
Promulgated Under: 119.03
Statutory Authority: 3125.25
Rule Amplifies: 3125.03 , 3125.25

5101:12-70-05.2 Responsibilities of Ohio interstate central registry.

(A) Each state child support agency is required by federal regulations at 45 C.F.R. 303.7(b) , effective January 3, 2011, to establish an interstate central registry (ICR) responsible for receiving, transmitting, and responding to inquiries on all incoming intergovernmental cases. The ICR in Ohio is located within the Ohio department of job and family services (ODJFS), office of child support (OCS).

(B) The ICR shall take the following steps within ten business days of receiving an intergovernmental case:

(1) Review the petition and any child support enforcement network (CSNet) transaction for accuracy and completeness;

(2) Perform location as needed;

(3) Partially complete the case intake process in the Ohio case registry, support enforcement tracking system (SETS);

(4) Forward the petition to the child support enforcement agency (CSEA) in the county with administrative responsibility for the case; and

(5) Acknowledge receipt of the petition to the child support agency in the initiating state and advise it of the name and address of the CSEA where the petition was sent for processing.

(C) When the documentation received with a case is incomplete and cannot be remedied by the ICR without the assistance of the initiating agency, the ICR must forward the case to the county with administrative responsibility for the case for any action that can be taken pending necessary action by the initiating agency.

(D) The ICR shall take the following steps within five business days of receiving a case status inquiry from another child support agency:

(1) Contact the CSEA with administrative responsibility for the case to determine the status of the case when the requested information is not available through SETS; and

(2) Provide the inquiring agency with an update on the status of the case.

(E) When another state issues an income withholding order directly to the obligor employer that is located in Ohio, the obligor may object to the income withholding order by contacting the ICR within OCS to request an investigation. The obligor may object to the income withholding order under the following circumstances:

(1) The obligor is not subject to the support order; or

(2) The obligor does not have a duty of support under any tribunal pursuant to which the income withholding order was issued.

(F) When the ICR receives a request for investigation, the ICR will conduct an investigation and send the results to the obligor who requested the investigation within fifteen days after the date on which the request was made.

Replaces: Part of 5101:12-70- 05.5, 5101:12-70-15

Effective: 11/01/2011
R.C. 119.032 review dates: 11/01/2016
Promulgated Under: 119.03
Statutory Authority: 3125.25
Rule Amplifies: 3115.21 , 3115.37 , 3125.03
Prior Effective Dates: 1/1/98, 3/1/03, 9/1/05

5101:12-70-05.3 Requirements for initiating CSEA in intergovernmental cases.

(A) This rule describes the requirements that an initiating child support enforcement agency (CSEA) shall follow when processing an intergovernmental case.

(B) In addition to the general responsibilities described in rule 5101:12-70-05.1 of the Administrative Code, the initiating CSEA has the following responsibilities:

(1) Determine whether a child support order(s) exists in a case using the federal and state case registries, state records, information provided by the recipient of services, and other relevant information available to the CSEA;

(2) Determine in which state a determination of the controlling order and reconciliation of arrearages may be made where multiple orders exist;

(3) Determine whether the obligor is in another jurisdiction and whether it is appropriate to use long arm jurisdiction to establish paternity and establish, modify, and enforce a support order, including medical support and income withholding;

(4) Within twenty days of completing the actions required in paragraphs (B)(1) to (B)(3) of this rule and receiving any necessary information needed to process the case:

(a) Ask the CSEA with administrative responsibility for the case, or refer the case to the appropriate responding state IV-D agency for a determination of the controlling order and a reconciliation of arrears if needed; and

(b) Refer the case to the appropriate state central registry, tribal IV-D program, or central authority of a country for action, if one-state remedies are not appropriate.

(5) Provide the responding agency sufficient and accurate information to act on the case by submitting with each Uniform Interstate Family Support Act (UIFSA) petition any necessary documentation and intergovernmental forms required by the responding agency;

(6) Within thirty days of receipt of the request for information, provide the responding agency with an updated intergovernmental form and any necessary additional documentation, or notify the responding agency when the information will be provided;

(7) Notify the responding agency at least annually, and upon request in an individual case, of interest charges, if any, owed on overdue support under an initiating state's order being enforced in the responding jurisdiction;

(8) Submit all past-due support owed in IV-D cases that meet the certification requirements for federal tax offset;

(9) Send a request for review and adjustment of a child support order to another state within twenty days of determining that a request for review and adjustment should be sent to the other state including any needed information from the requestor;

(10) Distribute and disburse any support collections received;

(11) Notify the responding agency within ten business days of case closure pursuant to rule 5101:12-10-70 of the Administrative Code and the reason(s) for such action;

(12) Instruct the responding agency to close its interstate case and to stop any withholding notice the responding agency has sent to an employer before the CSEA sends a withholding notice, unless the two states reach an alternative agreement on how to proceed; and

(13) When the CSEA has closed its case and has not notified the responding agency to close its corresponding case, the CSEA shall make a diligent effort to locate the obligee, including use of the federal parent locator service and the state parent locator service, and accept, distribute and disburse any payment received from a responding agency.

(C) Notification requirements for the initiating CSEA include:

(1) Send a copy of a notice received from a court to an obligee within two business days of receiving it from the court;

(2) Send a copy of a written communication from the obligor or the obligor's attorney to the obligee within two business days of receiving it from the court;

(3) Notify the obligee within ten business days if jurisdiction over the obligor cannot be obtained;

(4) Furnish a certified statement by the custodian of the record of the amounts and dates of all payments received to a requesting party or child support agency of another state. The CSEA may use a stamp on the record to indicate that it is a true and accurate statement of arrears.

Replaces: Part of 5101:12-70- 05.1

Effective: 11/01/2011
R.C. 119.032 review dates: 11/01/2016
Promulgated Under: 119.03
Statutory Authority: 3125.25
Rule Amplifies: 3115.15 , 3115.16 , 3115.18
Prior Effective Dates: 8/22/88 (Emer), 11/11/88, 1/1/98, 3/1/03, 9/1/05, 1/1/06, 8/1/08

5101:12-70-05.4 Requirements for responding CSEA in intergovernmental cases.

(A) This rule describes the requirements that a responding child support enforcement agency (CSEA) shall follow when receiving a request for services from an initiating agency.

(B) In addition to the general responsibilities described in rule 5101:12-70-05.1 of the Administrative Code, the responding CSEA has the following responsibilities:

(1) Accept and process an intergovernmental request for services. The CSEA may not refuse to process a request on the basis that an initiating state could have utilized one-state or long arm processes;

(2) Within seventy-five days of receipt of an intergovernmental form and documentation from its central registry:

(a) Provide location services when the request is for location services or when the form or documentation does not include adequate location information on the obligor;

(b) When unable to proceed with the case because of inadequate documentation, notify the initiating agency of the needed information or corrections;

(c) When the documentation received with a case is incomplete and cannot be remedied without the assistance of the initiating agency, process the case to the extent possible pending necessary action by the initiating agency;

(3) Within ten business days of locating the obligor in a different state, the CSEA must return the forms and documentation, including the new location, to the initiating agency, or if directed by the initiating agency, forward the forms and documentation to the central registry in the state where the obligor has been located and notify the Ohio interstate central registry (ICR) where the case has been sent;

(4) Within ten business days of locating the obligor in a different county in Ohio, forward the forms and documentation when appropriate to the county with administrative responsibility pursuant to rule 5101:12-10-03 of the Administrative Code and notify the initiating agency and the Ohio ICR of this transfer;

(5) When the request is for the determination of the controlling order:

(a) File the controlling order determination request with the appropriate court within thirty days of receipt of the request or location of the obligor, whichever occurs later; and

(b) Notify the initiating state agency, the controlling order state and any state where a support order in the case was issued or registered, of the controlling order determination and any reconciled arrearages within thirty days of receipt of the determination from the court.

(6) Provide any necessary services as it would in an intrastate IV-D case as described in division 5101:12 of the Administrative Code;

(7) Provide timely notice to the initiating agency in advance of any hearing before a court that may result in establishment or adjustment of an order;

(8) Identify any fees or costs deducted from support payments when forwarding payments to the initiating agency;

(9) Within ten business days of receipt of instructions for termination of services from an initiating state agency, stop the income withholding notice and close the case, unless the two states reach an agreement on how to proceed. If the controlling order was issued by Ohio, the CSEA shall terminate services in accordance with rule 5101:12-10-70 of the Administrative Code.

When the CSEA has administrative responsibility for the Ohio controlling order it shall remain the custodian of the records for the controlling order. The CSEA shall assist any agency that requests information or documentation needed for the registration or enforcement of the order.

(10) Notify the initiating agency when a case is closed.

(C) Other responsibilities for the responding CSEA include:

(1) Notify the child support agency in the initiating state of the correct Ohio case number whenever an application received from the Ohio interstate central registry (ICR) is merged into an existing case by the CSEA;

(2) Enable a court in Ohio or tribunal in another state to obtain jurisdiction over the party that resides in Ohio;

(3) Request the Ohio court with jurisdiction to set a date, time, and place for a hearing, when appropriate;

(4) Provide a statement of the amounts and dates of all payments received, when requested by a case participant or the child support agency of another state. The statement must be certified by the custodian of the records. The CSEA may use a stamp on the record to indicate that it is a true and accurate statement;

(5) Pay the costs of processing intergovernmental cases including the costs of genetic testing.

(D) When processing and enforcing an intergovernmental case, the laws of Ohio shall apply.

Replaces: Part of 5101:12-70- 05.1

Effective: 11/01/2011
R.C. 119.032 review dates: 11/01/2016
Promulgated Under: 119.03
Statutory Authority: 3125.25
Rule Amplifies: 3115.15 , 3115.16 , 3115.18
Prior Effective Dates: 8/22/88 (Emer), 11/11/88, 1/1/98, 3/1/03, 9/1/05, 1/1/06, 8/1/08

5101:12-70-05.5 Establishment of paternity in an intergovernmental case.

(A) This rule describes the responsibilities that an initiating or responding child support enforcement agency (CSEA) has to establish paternity in intergovernmental cases. When a determination of paternity has been made pursuant to the laws of another jurisdiction, that determination must be recognized in Ohio and the issue of paternity may not be re-litigated or used as a defense to an action brought pursuant to rule 5101:12-70-05 of the Administrative Code and its supplemental rules.

(B) Paternity may be established either by:

(1) Using long arm jurisdiction, or

(2) Sending a Uniform Interstate Family Support Act (UIFSA) petition, which requests the establishment of paternity from the initiating CSEA to an interstate central registry (ICR) in a responding state or to the central authority in another country or tribe.

(C) The initiating CSEA shall determine whether long arm jurisdiction shall be used to establish paternity. The CSEA and its legal staff should carefully consider the facts of a case to determine whether one of the conditions described in Ohio's long arm statute exists. Long arm jurisdiction may exist over a party living outside the state of Ohio if one or more conditions described in section 3115.03 of the Revised Code apply.

(1) When it determines that long arm jurisdiction exists and that its use is appropriate, the CSEA shall establish paternity pursuant to Chapter 5101:12-40 of the Administrative Code and shall not initiate a UIFSA petition to the state where the other party resides. The CSEA may also use OMB 0970-0085 "Transmittal #3 - Request for assistance/discovery" to request assistance with service of process or genetic testing from the child support agency in the other state, if necessary; or

(2) When it determines that long arm jurisdiction does not exist or would be inappropriate, the CSEA shall initiate a UIFSA petition to the ICR in the state, or to the central authority of another country or tribe, where the other party resides within twenty days of determining that the other party resides in another jurisdiction.

(D) A responding CSEA has the following responsibilities:

(1) Immediately upon receipt from the Ohio ICR of a UIFSA petition that requests the establishment of paternity, verify the residence address of the party who resides in Ohio and, if necessary, transfer the UIFSA petition to the CSEA with administrative responsibility for the case;

(2) The responding CSEA that has administrative responsibility for the case shall take the following actions within seventy-five days of receipt of the UIFSA petition:

(a) Notify the child support agency in the initiating agency of any additional information needed to proceed with the case;

(b) Process the case to the extent possible pending receipt of the additional information needed from the child support agency in the initiating jurisdiction; and

(c) Complete the case intake process in the Ohio case registry, support enforcement tracking system (SETS), using information from the UIFSA petition and any information received from the child support enforcement network (CSENet) transaction.

(3) Establish paternity pursuant to section 3115.16 of the Revised Code.

Replaces: 5101:12-70- 05.2

Effective: 11/01/2011
R.C. 119.032 review dates: 11/01/2016
Promulgated Under: 119.03
Statutory Authority: 3125.25
Rule Amplifies: 3115.03 , 3115.05 , 3115.15 , 3115.16 , 3125.03
Prior Effective Dates: 1/1/98, 3/1/03, 9/1/05

5101:12-70-05.6 Establishment of a child support order in an intergovernmental case.

(A) This rule describes the responsibilities that an initiating or responding child support enforcement agency (CSEA) has to establish a child support order in intergovernmental cases. A request to establish a child support order may be received as a separate request or as part of a request to establish paternity and support.

(B) A child support order may be established either by:

(1) Using long arm jurisdiction, or

(2) Sending a Uniform Interstate Family Support Act (UIFSA) petition that requests the establishment of a child support order from an initiating CSEA to an interstate central registry (ICR) in a responding state, or to the central authority of another country or tribe.

(C) The initiating CSEA shall determine whether long arm jurisdiction shall be used to establish a child support order. The CSEA and its legal staff should carefully consider the facts of a case to determine whether one of the conditions described in Ohio's long arm statute exists. Long arm jurisdiction may exist over a party living outside the state of Ohio if one or more conditions apply as described in section 3115.03 of the Revised Code.

(1) When it determines that long arm jurisdiction exists and is appropriate, the CSEA shall establish a child support order pursuant to rule 5101:12-45-05 of the Administrative Code and shall not initiate a UIFSA petition to the jurisdiction where the obligor lives. It may also use OMB 0970-0085"Transmittal #3 - Request for assistance/discovery," to request assistance from the child support agency in the other state with service of process if necessary.

(2) When it determines that long arm jurisdiction does not exist or would be inappropriate, the CSEA shall initiate a UIFSA petition to the ICR in the state where the obligor resides, or to the central authority of another country or tribe within twenty days of determining that the obligor resides in another jurisdiction.

(D) A responding CSEA has the following responsibilities:

(1) Immediately upon receipt from the Ohio ICR of a UIFSA petition that requests the establishment of a child support order, verify the residence address of the other party and, if necessary, transfer the UIFSA petition to the responding CSEA with administrative responsibility for the case;

(2) The responding CSEA that has administrative responsibility for the case shall take the following actions within seventy-five days of receipt of the UIFSA petition.

(a) Notify the child support agency in the initiating jurisdiction of any additional information needed to proceed with the case;

(b) Process the case to the extent possible pending receipt of the additional information needed from the child support agency in the initiating jurisdiction; and

(c) Complete the case intake process in the Ohio case registry, support enforcement tracking system (SETS), using information from the UIFSA petition and any information received from the child support enforcement network (CSENet) transaction.

(3) Establish a support order pursuant to section 3115.16 of the Revised Code.

Replaces: 5101:12-70- 05.3

Effective: 11/01/2011
R.C. 119.032 review dates: 11/01/2016
Promulgated Under: 119.03
Statutory Authority: 3125.25
Rule Amplifies: 3115.03 , 3115.05 , 3115.15 , 3115.16 , 3125.03
Prior Effective Dates: 1/1/98, 3/1/03, 9/1/05

5101:12-70-05.7 Determination of the controlling order.

(A) The Uniform Interstate Family Support Act (UIFSA) requires that only one order may exist for the purpose of enforcing a support obligation prospectively, beginning with the date on which the determination of controlling order is made. After a controlling order is determined, it becomes the only order that may be prospectively enforced and sets the non-modifiable terms. Non-modifiable terms of a controlling order include the duration of the order and the dates of the emancipation of the child. A controlling order may not be determined more than once.

(B) When there is any question regarding the validity of an order, a controlling order determination must be made. A controlling order determination shall only be made by a court with personal jurisdiction over both the obligee and obligor and must be made prior to any enforcement action or any action to modify a support order.

(C) The initiating CSEA shall take the following steps before any enforcement actions can be taken:

(1) Identify all existing support orders;

(2) Determine whether a child support order(s) exists in a case using the federal and state registry, state records, information provided by the recipient of services, and other relevant information available to the CSEA;

(3) Determine in which state a determination of the controlling order and reconciliation of arrearages may be made where multiple orders exist. Obtain certified copies of each order along with all payment records and arrearage calculations for each order;

(4) Determine whether the obligor is in another jurisdiction and whether it is appropriate to use one-state remedies to establish paternity and establish, modify, and enforce a support order, including medical support and income withholding;

(5) Examine each existing order to verify that it contains a child support order provision and appears valid on its face;

(6) Verify the current residential state of the obligee, obligor, and child to which the order applies;

(7) Verify the residential address of the child for the six-month period prior to the date on which the action is taken;

(8) Within twenty days of completing the actions required in paragraphs (C)(1) to (C)(4) of this rule and, if appropriate, receipt of any necessary information needed to process the case:

(a) Refer the case to the appropriate responding state agency for a determination of the controlling order and a reconciliation of arrearages if such a determination is necessary; and

(b) Refer any intergovernmental case to the appropriate state central registry, tribal program, or central authority of a country for action, if long arm jurisdiction is not appropriate;

(c) When the respondent and petitioner reside in Ohio, the initiating CSEA shall do the following:

(i) When the respondent and petitioner reside in the same county, the initiating CSEA shall determine the controlling order; or

(ii) When the respondent and petitioner reside in different counties, the initiating CSEA shall refer the case to the county where the respondent resides for the determination of the controlling order.

(D) The responding CSEA shall take the following actions:

(1) Determine which of the states with support orders have continuing exclusive jurisdiction (CEJ). A state has CEJ over a support order issued in that state at any time either the obligee, obligor, or the child resides in that state.

(2) Reconcile the arrearages for all support orders.

(3) File the appropriate pleadings with the court including recommended language regarding which order should be determined the controlling order and a calculation of the reconciled arrearages based upon the following principles:

(a) If only one of the states with a order has CEJ, recommend the order in the state with CEJ be determined the controlling order;

(b) If more than one of the states with a order has CEJ, recommend the order in the home state of the child be determined the controlling order;

(c) If more than one of the states with a order have CEJ, but no state is the home state of the child, recommend the most recently issued order be determined the controlling order; and

(d) If none of the states with a order have CEJ, recommend that the court issues a new order that will be determined to be the controlling order.

(4) After the court has made the controlling order determination, prepare the OMB 0970-0085, "Notice of determination of controlling order," and send it with a certified copy of the controlling order determination to the tribunal (typically in care of the child support agency in each state) that issued or registered any of the support orders used to determine the controlling order.

Replaces: 5101:12-70- 05.4

Effective: 11/01/2011
R.C. 119.032 review dates: 11/01/2016
Promulgated Under: 119.03
Statutory Authority: 3125.25
Rule Amplifies: 3115.07 , 3115.08 , 3115.09 , 3115.10 , 3125.03
Prior Effective Dates: 1/1/98, 3/1/03, 9/1/05

5101:12-70-05.8 Enforcement of a support order in an intergovernmental case.

(A) This rule describes the responsibilities that an initiating or responding child support enforcement agency (CSEA) has to enforce support orders in intergovernmental cases.

(B) When two or more support orders exist, only the support order that has been determined to be the controlling order may be enforced. Therefore, before any action is taken to enforce a support order, the initiating CSEA shall conduct an investigation to identify the number of support orders that may exist in the case and take any necessary steps as described in rule 5101:12-70-05.3 of the Administrative Code.

(C) Support orders in intergovernmental cases may be enforced either by:

(1) Sending a direct income withholding as described in sections 3115.32 to 3115.37 of the Revised Code, if it is verified that an obligor is employed or receives income in another state and a determination is made that direct income withholding is appropriate; or

(2) Sending a Uniform Interstate Family Support Act (UIFSA) petition that requests the enforcement of support from an initiating CSEA to an interstate central registry in a responding state, or to the central authority of another country or tribe.

(D) An initiating CSEA shall determine whether direct income withholding is appropriate to enforce a controlling order. Prior to sending the income withholding notice, the CSEA shall verify that the laws of the state where the obligor's payor is located permit the direct withholding of the type of income being received.

(E) An initiating CSEA shall have the following responsibilities when it determines that direct income withholding is appropriate:

(1) It shall prepare an income withholding notice as described in rule 5101:12-50-10.2 of the Administrative Code; and

(2) It shall send the income withholding notice directly to the obligor's payor in the other state.

(F) An initiating CSEA shall have the following responsibilities when it is unable to verify a source of income for the obligor or when it determines that direct income withholding is inappropriate:

(1) Prepare a UIFSA petition within twenty days of determining that an obligor resides in another jurisdiction; and

(2) When the controlling order has been issued by the state where the obligor resides, send a UIFSA petition requesting enforcement of the controlling order to the ICR in that state; or

(3) When the controlling order has been issued by a state other than the state where the obligor resides, take each of the following actions:

(a) Obtain a certified copy of the controlling order and all modifications of the controlling order including certified payment records for which the registration is being requested;

(b) Prepare a UIFSA petition that requests registration of the controlling order; and

(c) Send the UIFSA petition to the ICR in the state where the obligor lives or has property, or to the central authority of another country or tribe.

(G) UIFSA petitions requesting the registration of a support order for enforcement may be sent simultaneously to any state where the obligor lives or has property. A CSEA must maintain records of all actions taken to enforce a support order using the registration process described in this rule.

(H) A responding CSEA has the following responsibilities:

(1) Immediately upon receipt from the Ohio ICR of a UIFSA petition, which requests the enforcement of a controlling order, verify the residence address of the obligor and:

(a) When the CSEA has verified that the obligor resides in the same county as the responding CSEA, the CSEA shall take the actions requested in the petition; or

(b) When the CSEA has verified that the obligor has moved to another county, the CSEA may transfer the petition to the CSEA with administrative responsibility as described in rule 5101:12-10-03 of the Administrative Code; or

(c) When the CSEA has verified that a support order exists in a different Ohio county, the CSEA may transfer the petition to the CSEA with administrative responsibility as described in rule 5101:12-10-03 of the Administrative Code.

(2) The responding CSEA with administrative responsibility for the case shall take the following actions within seventy-five days of receipt of the UIFSA petition:

(a) Notify the child support agency in the initiating jurisdiction of any additional information needed to proceed with the case;

(b) Process the case to the extent possible pending receipt of the additional information needed from the child support agency in the initiating jurisdiction; and

(c) Complete the case intake process in the Ohio case registry, support enforcement tracking system (SETS), using information from the UIFSA petition and any information received from the child support enforcement network (CSENet) transaction.

(3) Register the controlling order if all information necessary to register the order has been received. A controlling order that is registered and confirmed in Ohio is enforceable in the same manner and subject to the same procedures as an order issued by Ohio.

(I) When all of the parties to a case reside in Ohio and the controlling order exists in a jurisdiction other than Ohio, the controlling order may be registered for enforcement in Ohio. In these circumstances:

(1) The initiating CSEA shall be the CSEA that has an open case for the obligee, or, if there is no open case, the county where the obligee resides. The initiating CSEA has the following responsibilities:

(a) Obtain a certified copy of the controlling order and all modifications of the controlling order including certified payment records for which the registration is being requested;

(b) Prepare a UIFSA petition requesting registration of the controlling order;

(c) Send the UIFSA petition to the responding CSEA in the county where the obligor resides; and

(d) Transfer the support enforcement tracking system (SETS) case, or, if unable to transfer the case, close the SETS case in order to allow the responding CSEA to open a new case in SETS.

(2) The CSEA in the county where the obligor resides shall be the responding CSEA and has the following responsibilities:

(a) Notify the initiating CSEA of any additional information that is needed to proceed with the case;

(b) Process the case to the extent possible pending receipt of the additional information needed from the initiating CSEA;

(c) Complete case intake process in SETS using information from the UIFSA petition and any information received from the CSENet transaction;

(d) Register the controlling order for enforcement pursuant to sections 3115.39 to 3115.51 of the Revised Code.

(3) When the obligor and obligee reside in the same county, the CSEA in that county shall:

(a) Obtain a certified copy of the controlling order and all modifications of the controlling order including certified payment records for which the registration is being requested; and

(b) Register the controlling order pursuant to sections 3115.39 to 3115.51 of the Revised Code.

Replaces: 5101:12-70- 05.5

Effective: 11/01/2011
R.C. 119.032 review dates: 11/01/2016
Promulgated Under: 119.03
Statutory Authority: 3125.25
Rule Amplifies: 3115.08 , 3115.15 , 3115.16 , 3115.18 , 3115.39 , 3115.40 , 3125.03
Prior Effective Dates: 1/1/98, 3/1/03, 9/1/05

5101:12-70-05.9 Modification of a controlling order in an intergovernmental case.

(A) This rule describes the responsibilities that an initiating or responding child support enforcement agency (CSEA) has to modify a controlling order in an intergovernmental case.

(B) For purposes of this rule, "petitioner" means the person or entity requesting the modification. "Respondent" means the person or entity who did not request the modification.

(C) No part of the controlling order may be modified that is not modifiable under the laws of the state that issued the controlling order, such as the duration of the support order.

(D) An Ohio controlling order can be modified in Ohio only when at least one party to the support order resides in Ohio.

(E) A controlling order shall only be modified by:

(1) The state where the controlling order was issued when that state has continuing exclusive jurisdiction (CEJ) because any party to the order resides in that state; or

(2) The state where the non-requesting party resides when no party to the order resides in the controlling order state; or

(3) The state where all parties have filed written consents in the issuing tribunal that has personal jurisdiction over either party to modify the order and assume CEJ.

When paragraph (E)(2) or (E)(3) of this rule applies, the state that modifies the support order assumes the controlling order.

(F) An initiating CSEA has the following responsibilities:

(1) Verify the state that issued the controlling order.

(2) Verify the current residential address of the respondent.

(3) Determine whether the state where the respondent resides is the state that issued the controlling order.

(4) Regardless where a party resides in Ohio, the Ohio CSEA that has the controlling order shall conduct the modification as appropriate in accordance with rules 5101:12-60-05 to 5101:12-60-05.6 of the Administrative Code.

(5) Take the following actions within twenty days of determining that the respondent resides in the controlling order state:

(a) Prepare a Uniform Interstate Family Support Act (UIFSA) petition requesting the modification and, if requested, enforcement of the controlling order; and

(b) Send the UIFSA petition to the interstate central registry (ICR) in the state where the respondent resides.

(6) Take the following actions within twenty days of determining that the respondent does not reside in the controlling order state:

(a) Prepare a UIFSA petition requesting the registration of the controlling order for modification and containing all forms required by rule 5101:12-70-05.11 of the Administrative Code and other documents as necessary; and

(b) Send the UIFSA petition to the ICR in the state where the party who has not requested the modification resides unless both the parties have submitted signed documents to the initiating CSEA agreeing to grant jurisdiction to modify the controlling order to another state.

(G) A responding CSEA has the following responsibilities:

(1) Immediately upon receipt of a UIFSA petition requesting modification of a support order from the Ohio ICR, verify the residence address of the respondent and, if necessary, transfer the UIFSA petition to the responding CSEA with administrative responsibility for the case.

(2) The responding CSEA with administrative responsibility for the case shall take the following actions within seventy-five days of receipt of the UIFSA petition:

(a) Notify the child support agency in the initiating jurisdiction of any additional information needed to process the case;

(b) Process the case to the extent possible pending receipt of the additional information from the child support agency in the initiating jurisdiction;

(c) Complete the case intake process in the Ohio case registry, support enforcement tracking system (SETS), using information from the UIFSA petition and any information received from the child support enforcement network (CSENet) transaction; and

(d) Register the controlling order for modification or modification and enforcement pursuant to sections 3115.39 to 3115.51 of the Revised Code.

(3) Review the order for modification using the administrative review process pursuant to rules 5101:12-60-05 to 5101:12-60-05.6 of the Administrative Code.

(H) When all of the parties to a case reside in Ohio and the controlling order exists in a jurisdiction other than Ohio, the controlling order may be registered for modification and enforcement in Ohio. In these circumstances:

(1) The initiating CSEA shall be the CSEA that has an open case for the obligee, or, if there is no open case, the county where the obligee resides. The initiating CSEA has the following responsibilities:

(a) Obtain a certified copy of the controlling order and all modifications of the controlling order including certified payment records for which the registration is being requested;

(b) Prepare a UIFSA petition requesting registration of the controlling order;

(c) Send the UIFSA petition to the responding CSEA in the county where the obligor resides; and

(d) Transfer the support enforcement tracking system (SETS) case, or, if unable to transfer the case, close the SETS case in order to allow the responding CSEA to open a new case in SETS.

(2) The CSEA in the county where the obligor resides shall be the responding CSEA and has the following responsibilities:

(a) Notify the initiating CSEA of any additional information needed to proceed with the case;

(b) Process the case to the extent possible pending receipt of the additional information needed from the initiating CSEA;

(c) Complete case intake process in SETS using information from the UIFSA petition and any information received from the CSENet transaction;

(d) Register the controlling order for modification and enforcement pursuant to sections 3115.39 to 3115.51 of the Revised Code; and

(e) Review the order for modification using the administrative review process pursuant to rule 5101:12-60-05 of the Administrative Code and its supplemental rules if the UIFSA petition requested modification and enforcement.

(3) When the obligor and obligee reside in the same county, the CSEA in that county shall:

(a) Obtain a certified copy of the controlling order and all modifications of the controlling order including certified payment records for which the registration is being requested;

(b) Register the controlling order pursuant to sections 3115.39 to 3115.51 of the Revised Code; and

(c) Review the order for modification using the administrative review process pursuant to rule 5101:12-60-05 of the Administrative Code and its supplemental rules if the UIFSA petition requested modification and enforcement.

(I) Once a controlling order has been registered for modification in Ohio, it is enforceable in the same manner and subject to the same procedures as an order issued by Ohio, except that the duration of the order and dates of emancipation of the children continue to be the terms of the order as it was originally issued in the controlling order state. The enforcement of the modified order may be accomplished by registering the modified order in the state where the obligor or the obligor's property is located if appropriate.

Replaces: 5101:12-70- 05.6

Effective: 11/01/2011
R.C. 119.032 review dates: 11/01/2016
Promulgated Under: 119.03
Statutory Authority: 3125.25
Rule Amplifies: 3115.08 , 3115.15 , 3115.16 , 3115.46 , 3115.47 , 3115.48 , 3115.49 , 3115.50 , 3115.51 , 3125.03
Prior Effective Dates: 1/1/98, 3/1/03, 9/1/05

5101:12-70-05.10 The child support enforcement network.

(A) This rule describes the responsibilities of the child support enforcement agency (CSEA) to use the child support enforcement network (CSENet) in the processing of interstate cases to the greatest extent possible.

(B) CSENet is an electronic communications network developed by the federal office of child support enforcement (OCSE) that transmits and receives child support information to and from other states in a standardized format. A CSENet user is able to initiate and respond to case activities in other states for:

(1) Location of respondent;

(2) Establishment of paternity, and support establishment; and

(3) Enforcement, and collection activities as well as to transfer interstate case information between states.

(C) CSENet standard transactions consist of three parts:

(1) Function codes that identify the function being performed. The function codes are:

(a) COL (collection);

(b) CSI (case status information);

(c) ENF (enforcement);

(d) EST (establishment);

(e) LO1 (quick locate);

(f) MSC (managing state cases); and

(g) PAT (paternity).

(2) Action codes that identify the action being taken. The action codes are:

(a) A (acknowledgment);

(b) C (cancel);

(c) M (reminder);

(d) P (provide);

(e) R (request); and

(f) U (update).

(3) Reason codes, which are five-letter codes, define the specific reason for the transaction.

(D) The CSEA shall use CSENet to take the following actions:

(1) Request location information on a putative father or absent parent from a state that has CSENet quick locate capability with Ohio. A CSENet "Quick Locate" (LO1) transaction shall be used for this purpose.

(2) Request case information, including support order information, from a state that has CSENet case status information capability with Ohio. A CSENet "Case Status Information" (CSI) transaction shall be used for this purpose.

(3) Request the establishment of paternity from a state that has CSENet paternity capability with Ohio. A CSENet "Paternity" (PAT) transaction shall accompany a Uniform Interstate Family Support Act (UIFSA) petition for this purpose.

(4) Request the establishment of a support order from a state that has CSENet establishment capability with Ohio. A CSENet "Establishment" (EST) transaction shall accompany a UIFSA petition for this purpose.

(5) Request the enforcement of a support order from a state that has CSENet enforcement capability with Ohio. A CSENet "Enforcement" (ENF) transaction shall accompany a UIFSA petition for this purpose.

(6) Transmit case status and information to a state that has CSENet managing state cases capability with Ohio. A CSENet "Managing State Cases" (MSC) transaction shall be used for this purpose.

(E) When a CSEA receives an incoming CSENet transaction, it shall take the actions required by the transaction within thirty days.

Replaces: 5101:12-70-20

Effective: 11/01/2011
R.C. 119.032 review dates: 11/01/2016
Promulgated Under: 119.03
Statutory Authority: 3125.25
Rule Amplifies: 3115.28 , 3125.03 , 3125.07 , 3125.08
Prior Effective Dates: 1/1/98, 3/1/03, 9/1/05

5101:12-70-05.11 Forms for interstate case processing.

(A) The following forms shall be used in the processing of interstate cases under the Uniform Interstate Family Support Act (UIFSA). It is recommended that the child support enforcement agency (CSEA) transmits requests for information and provide requested information through the child support enforcement network (CSENet). When transmitting information electronically, the CSEA shall provide paper documents as requested by the responding agency.

(1) The OMB 0970-0085 "Child support enforcement transmittal #1-Initial request" shall be used as a cover letter required to refer an interstate case to a responding state's interstate central registry (ICR).

(2) The OMB 0970-0085 "Child support enforcement transmittal #2-Subsequent actions" shall be used for requesting or providing additional information or services in previously referred cases. The CSEA shall not use the "Child support enforcement transmittal #2" for making initial referrals but only for subsequent requests and communication. This form shall only be used when CSENet functionality is not available with the other agency.

(3) The OMB 0970-0085 "Child support enforcement transmittal #3-Request for assistance/discovery" shall be used to obtain assistance with activities such as service of process, discovery, or genetic testing in cases where long arm jurisdiction exists. A CSEA that receives a "Child support enforcement transmittal #3" requesting assistance from another state shall not open a case.

(4) The OMB 0970-0085 "Uniform support petition" shall be used as the legal pleading needed for the responding state to initiate action.

(5) The OMB 0970-0085 "General testimony" shall be used to describe the detailed information and evidence necessary to support the action requested in the UIFSA petition.

(6) The OMB 0970-0085 "Affidavit in support of establishing paternity" shall be used to supplement the "Uniform support petition" in order to summarize the evidence needed to establish paternity. A separate "Affidavit in support of establishing paternity" is required for each child needing paternity establishment.

(7) The OMB 0970-0085 "Locate data sheet" shall be used to request locate information regarding the parent, employer, wages, or assets of a putative father or obligor. The CSEA shall not send a "Locate data sheet" to a state with which Ohio has child support enforcement network (CSENet) quick locate capability. If Ohio has CSENet quick locate capability with a state, the CSEA shall send a CSENet transaction for quick locate to that state as described in rule 5101:12-70-20 of the Administrative Code. This form may also be used to request locate information in any state on an obligee as CSENet cannot be used to obtain locate information on obligees.

(8) The OMB 0970-0085 "Notice of determination of controlling order" shall be used to notify the parties and child support agencies in other states of a determination of controlling order that has been made by a court in Ohio.

(9) The OMB 0970-0085 "Registration statement" shall be used to request registration of an existing order for enforcement and/or modification. The purpose of the form is to refer specific order information to the responding state. A separate "Registration statement" shall be prepared for each order for which registration is being requested.

(B) The initiating CSEA shall prepare and send UIFSA petitions consisting of forms described in paragraph (A) of this rule in the combinations listed in paragraphs (B)(1) to (B)(6) of this rule, to the interstate central registry (ICR) in the responding state for the purpose of requesting child support program actions as follows:

(1) To request the establishment of paternity and support, the initiating CSEA shall send:

(a) The "Child support enforcement transmittal #1";

(b) The "Uniform support petition";

(c) The "Affidavit in support of establishing paternity"; and

(d) The "General testimony."

(2) To request the establishment of a support order, the initiating CSEA shall send:

(a) The "Child support enforcement transmittal #1";

(b) The "Uniform support petition"; and

(c) The "General testimony."

(3) To request the modification of a controlling order which was issued in a state where the obligor resides, the initiating CSEA shall send:

(a) The "Child support enforcement transmittal #1"; and

(b) The "General testimony."

(4) To request the registration for modification or the registration for modification and enforcement of a controlling order which was issued in a state other than the state where the obligor resides, the initiating CSEA shall send:

(a) The "Child support enforcement transmittal #1";

(b) The "Uniform support petition";

(c) The "General testimony"; and

(d) The "Registration statement."

(5) To request the enforcement of a controlling order that was issued in a state where the obligor resides, the initiating CSEA shall send the "Child support enforcement transmittal #1."

(6) To request the registration for enforcement of a controlling order that was issued in a state other than the state where the obligor resides, the initiating CSEA shall send:

(a) The "Child Support Enforcement transmittal #1"; and

(b) The "Registration statement."

(C) In addition to the forms described in paragraph (B) of this rule, child support agencies in responding states may require that other documents be included in a UIFSA petition. The CSEA may contact the ICR in the state where the UIFSA petition will be sent to determine whether any additional documents are required.

(D) OCSE has also developed the following two forms:

(1) The OMB 0970-0152 "Interstate subpoena," which a CSEA shall use to subpoena any financial or other information needed to establish, modify, or enforce a support order; and

(2) The JFS 01132, "Notice of interstate lien" (rev. 08/2002), which a CSEA shall use to request that a lien be placed on property owned by an obligor in a state other than Ohio.

(E) Forms for cases with countries that are "Federal Reciprocating Countries" (FRC) with the United States are available at the OCSE website, under the international resources section.

Replaces: 5101:12-70-10

Effective: 11/01/2011
R.C. 119.032 review dates: 11/01/2016
Promulgated Under: 119.03
Statutory Authority: 3125.25
Rule Amplifies: 3115.39 , 3115.42 , 3125.03
Prior Effective Dates: 1/1/98, 11/1/00, 3/1/03, 9/1/05

5101:12-70-10 [Rescinded]Forms for interstate case processing.

Effective: 11/01/2011
R.C. 119.032 review dates: 07/27/2011
Promulgated Under: 119.03
Statutory Authority: 3125.25
Rule Amplifies: 3115.39 , 3115.42 , 3125.03
Prior Effective Dates: 1/1/98, 11/1/00, 3/1/03, 9/1/05

5101:12-70-15 [Rescinded]The role and responsibilities of the interstate central registry (ICR).

Effective: 11/01/2011
R.C. 119.032 review dates: 07/27/2011
Promulgated Under: 119.03
Statutory Authority: 3125.25
Rule Amplifies: 3115.21 , 3125.03
Prior Effective Dates: 1/1/98, 3/1/03, 9/1/05

5101:12-70-20 [Rescinded]The child support enforcement network.

Effective: 11/01/2011
R.C. 119.032 review dates: 07/27/2011
Promulgated Under: 119.03
Statutory Authority: 3125.25
Rule Amplifies: 3115.28 , 3125.03 , 3125.07 , 3125.08
Prior Effective Dates: 1/1/98, 3/1/03, 9/1/05