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