5101:12-80-10.2 Prorating support collections.

(A) When the office of child support (OCS) or a child support enforcement agency (CSEA) receives a collection for or from an obligor with more than one support order and there are no instructions included with the collection or remitter instructions cannot be obtained for apportioning the payment between the support orders, OCS or the CSEA shall identify the qualified support orders and prorate the collection. A prorated collection shall be allocated in accordance with rules 5101:12-80-10 and 5101:12-80-10.1 of the Administrative Code.

(B) For the purpose of the calculations described in this rule:

(1) A support order or case without a support order is considered a "qualified" support order when:

(a) The collection is received as a result of a notice of proposed action having been issued to the obligor; or

(b) The obligor makes the support payment and a notice of proposed action has not been issued to the obligor.

(2) "Monthly obligation" means the sum of the current obligation and any ordered payment(s).

(C) Scenarios illustrating qualified support orders include:

(1) An obligor has three support orders and two of the support orders were submitted for and met all the criteria for a federal income tax refund offset. The two support orders that were submitted for offset would be considered qualified support orders for purposes of prorating a federal income tax refund offset; the third support order would not be considered a qualified support order and so would not receive any of the prorated federal income tax refund offset collection.

(2) An obligor has three support orders and the CSEA issued an order to the obligor's employer to attach a lump sum payment on two of the support orders. Only the support orders that the lump sum order was issued for would be considered qualified support orders for purposes of prorating the lump sum payment.

(3) One CSEA has administrative responsibility for an obligor's two support orders and a second CSEA has administrative responsibility for the same obligor's third support order. The obligor makes a payment in person at the CSEA that has two orders. Those orders, therefore, are the only support orders qualified for proration of the payment made by the obligor at the CSEA. The support order that the CSEA does not have administrative responsibility for is not considered a qualified support order for the purposes of prorating the payment made by the obligor at the CSEA.

(4) One CSEA has administrative responsibility for an obligor's two support orders and a second CSEA has administrative responsibility for the same obligor's third support order. Only the first CSEA issues income withholding notices for the two support orders to the obligor's employer. The employer subsequently sends in a support payment without posting identifiers and remitter instructions cannot be obtained. Only the two support orders from the first CSEA are considered qualified support orders for the purposes of prorating the payment received from the employer.

(D) When the collection is not a federal income tax refund offset, OCS or the CSEA shall prorate the collection using the following calculations:

(1) When the collection is not sufficient to satisfy all of the unpaid monthly obligations owed on the qualified support orders:

(a) First, add the unpaid monthly obligation for each qualified support order to determine the total unpaid monthly obligation amount;

(b) Then, for each qualified support order:

(i) Divide the unpaid monthly obligation by the total unpaid monthly obligation amount to determine the prorated percentage for the order; and

(ii) Multiply the collection by the prorated percentage to determine the amount of the collection to apply to the order.

(2) When the collection equals or exceeds the unpaid monthly obligation for each qualified support order, satisfy the unpaid monthly obligations for each qualified support order.

When the monthly obligations for each qualified support order are satisfied and a balance remains from the collection that is less than the total arrears and debts owed on the qualified support orders:

(a) For each qualified support order, add the total unpaid arrears and debts for the order to determine the outstanding amount owed on the order;

(b) Add the outstanding amounts owed on each order to determine the total outstanding amount owed;

(c) Divide the balance of the collection by the total outstanding amount owed to determine the prorated percentage; and

(d) For each qualified support order, multiply the outstanding amount owed on the order by the prorated percentage to determine the amount of the balance to apply to the order.

(3) When all of the monthly obligations, arrears, and debts are satisfied and funds remain from the collection, use the proration calculation described in paragraph (D)(1) of this rule to apply the remaining funds to future current obligations.

(E) When the collection is from a federal tax refund offset, OCS or the CSEA shall prorate the collection using the following calculations:

(1) When the collection is not sufficient to satisfy all of the eligible arrears owed on the qualified support orders:

(a) For each qualified support order, add the unpaid eligible assigned arrears for the order to determine the outstanding assigned arrears amount owed on the order;

(b) Add the outstanding assigned arrears amount owed on each order to determine the total outstanding assigned arrears amount owed;

(c) Divide the collection by the total outstanding assigned arrears amount owed to determine the prorated percentage;

(d) For each qualified support order, multiply the outstanding assigned arrears amount owed on the order by the prorated percentage to determine the amount of the collection to apply to the order; and

(e) Repeat the process described in paragraphs (E)(1)(a) to (E)(1)(d) of this rule for all eligible unassigned arrears owed on the qualified support orders.

(2) When the collection equals or exceeds the total amount of eligible arrears owed on the qualified support orders:

(a) Satisfy all of the eligible arrears owed on the qualified support orders.

(b) When the eligible arrears are satisfied, issue any remaining balance to the obligor unless the CSEA has negotiated an alternative allocation with the obligor, in accordance paragraph (C) of rule 5101:12-80-10.1 of the Administrative Code.

Replaces: 5101:12-80- 10.2

Effective: 10/01/2009
R.C. 119.032 review dates: 10/01/2014
Promulgated Under: 119.03
Statutory Authority: 3121.71 , 3125.25
Rule Amplifies: 3125.03 , 3121.43 , 3121.52 , 3121.54 , 3121.56
Prior Effective Dates: 6/15/06