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