Lawriter - OAC - 5101:12-80-05.1 Collection at the child support enforcement agency.

5101:12-80-05.1 Collection at the child support enforcement agency.

(A) In accordance with section 3125.29 of the Revised Code, a child support enforcement agency (CSEA) may collect funds from an obligor who makes a payment in person at the CSEA. When an obligor has more than one support order, the CSEA shall ask the obligor to identify what amounts of the payment to apply to the applicable support orders.

(B) For the purposes of this rule, the "CSEA depository account" means the bank, credit union, or savings and loan association account used for the sole purpose of transmitting to child support payment central (CSPC) the payments-in-person received by the CSEA.

(C) A payment mailed to the CSEA by a remitter is not considered a payment-in-person but, instead, is considered a payment misdirected to the CSEA. The CSEA shall forward the misdirected payment and the envelope that contained the misdirected payment to CSPC for processing. The CSEA may mark the date received on the envelope but shall not further mark on the envelope and shall not mark on the misdirected payment.

(1) When an obligor fails to include posting instructions with a misdirected payment, the CSEA may attach a separate document to the misdirected payment that includes any posting identifiers known to the CSEA.

(2) The CSEA shall record the misdirected payment on the JFS 07739, "Child Support Payment Central Check Traveler" (6/2007), and forward the JFS 07739 to CSPC with the misdirected payment.

(D) Each CSEA shall notify the office of child support (OCS) of the CSEA's decision to accept or not accept payments-in-person at the CSEA. The notification must be in writing, signed by the CSEA director or administrator, and shall include:

(1) The county name;

(2) A declaration as to whether the CSEA will accept or not accept payments-in-person; and

(3) When a CSEA elects to accept payments-in-person at the CSEA, the notification shall include the:

(a) Name and address of the financial institution for the CSEA depository account;

(b) CSEA depository account number; and

(c) Routing/transit number of the CSEA depository account.

(E) A CSEA that elects to accept payments-in-person shall:

(1) Maintain a CSEA depository account;

(2) Collect and post payments using procedures in accordance with this rule and based on generally accepted business and accounting practices as authorized under section 117.43 of the Revised Code;

(3) Place a notice in clear view in the area where payments are made that notifies an obligor making a payment that payments made in person at the CSEA after twelve noon may be identified as being made on the next business day;

(4) Ensure adequate funds are available in the CSEA depository account to cover the previous days postings; and

(5) Collect payments for any obligor with a child support case in Ohio regardless of the county of administrative responsibility. The CSEA will either post a payment or forward the payment to CSPC using the JFS 07739 when a payment is received for a case administered by another Ohio CSEA.

(F) Payment posting.

(1) When a payment-in-person is received by twelve noon, the CSEA shall post and approve the payment-in-person by two p.m. on the same business day.

(2) When a payment-in-person is received after twelve noon and by two p.m., the CSEA may post and approve the payment-in-person by two p.m. on the same business day or shall post and approve the payment-in-person by two p.m. on the next business day.

(3) When a payment-in-person is received after two p.m., the CSEA shall post and approve the payment-in-person by two p.m. on the next business day.

(G) The CSEA employee that collects the payment-in-person or posts the payment-in-person shall not be the CSEA employee that approves the payment-in-person for release to CSPC, unless a waiver has been granted by the office of child support enforcement (OCSE).

To obtain the waiver, the CSEA shall submit a waiver request to OCS. OCS will forward the request to the OCSE regional office and notify the CSEA whether OCSE has granted the waiver.

(H) The CSEA shall ensure that every CSEA employee that has access to or control of payments-in-person collected at the CSEA is covered by a bond against loss of payments from employee dishonesty. In accordance with section 329.01 of the Revised Code, each bond shall be for an amount determined by the board of county commissioners, with a surety or bonding company authorized to do business in this state, and deposited with and retained by the county treasurer.

Effective: 09/15/2013
R.C. 119.032 review dates: 05/16/2013 and 09/01/2018
Promulgated Under: 119.03
Statutory Authority: 3121.71, 3125.25
Rule Amplifies: 117.43, 329.01, 3125.29
Prior Effective Dates: 10/1/85 (Emer), 1/1/86 (Emer), 4/1/86, 11/15/86, 12/1/87 (Emer), 2/29/88, 6/10/88, 12/20/88, 9/1/89 (Emer), 11/30/89, 8/1/90, 1/1/91, 4/1/92, 6/1/93, 12/1/94, 6/1/95, 7/1/96, 1/1/98, 4/24/00 (Emer), 7/10/00, 10/15/01, 5/8/03, 4/3/05, 1/15/08