(A) This rule describes procedures for
processing a case when an obligee is deceased.
(B) Current support order.
(1) When there is a
current support order, the child support enforcement agency (CSEA) will
complete a termination investigation in accordance with rule 5101:12-60-50.1 of
the Administrative Code, using the obligee's date of death.
(2) When a termination
order is final, the CSEA will disburse any impounded funds pursuant to the
termination entry.
(a) When the CSEA is aware that an action has been
commenced to probate the estate of the obligee, payments will be disbursed to
the administrator or the executor of the estate or as directed by an order from
the probate court.
(b) When the CSEA is unable to identify that an action has
been commenced to probate the estate of the obligee, the CSEA will:
(i) Maintain a record in the support enforcement tracking
system (SETS) of any unassigned arrears;
(ii) Apply any impounded funds first to assigned arrears,
then to processing fee arrears, except that when the collection is from
unemployment compensation or a federal or state income tax refund offset, the
collection will not be applied to processing fee arrears;
(iii) Maintain or issue any withholding order until all of
the assigned arrears and processing fee arrears are paid in full;
(iv) Issue any remaining
funds to the obligor after assigned arrears and processing fee arrears are paid
in full; and
(v) Terminate any withholding order and close the case in
accordance with rule 5101:12-10-70 of the Administrative Code when all of the
assigned arrears and processing fee arrears are paid in full and an action was
not commenced within six months of the obligee's date of death to probate
the estate of the obligee.
(3) Terminating the
support order due to the death of the obligee does not terminate the
obligor's parental duty of support pursuant to section 3103.031 of the
Revised Code.
(4) An administrator or
executor may complete a IV-D application to request that payments under the
terminated support order be disbursed to the administrator, executor, or to the
probate estate of the deceased obligee.
(5) In accordance with
section 3125.36 of the Revised Code, a CSEA will make available a IV-D
application to any person requesting the CSEA's assistance to establish a
support order for the support of a minor child under the terminated support
order.
(C) When there is no current support order, the CSEA
will:
(1) When there are no
arrears, close the case in accordance with rule 5101:12-10-70 of the
Administrative Code; or
(2) When there are
arrears, investigate whether an action has been commenced to probate the estate
of the obligee.
(a) When the CSEA identifies that an action has been
commenced to probate the estate of the obligee, the CSEA will disburse any
impounded funds pursuant to the termination entry to the administrator or
executor of the estate or as directed by an order from the probate
court.
(b) When the CSEA is unable to identify that an action has
been commenced to probate the estate of the obligee, the CSEA
will:
(i) Maintain a record in
SETS of any unassigned arrears;
(ii) Apply any funds, first to assigned arrears, then to
processing fee arrears, then to unassigned arrears;
(iii) Maintain or issue any withholding order until all of
the assigned arrears and processing fee arrears are paid in full;
(iv) Issue any remaining
funds to the obligor after assigned arrears and processing fee arrears are paid
in full; and
(v) Terminate any withholding order and close the case in
accordance with rule 5101:12-10-70 of the Administrative Code when all of the
assigned arrears and processing fee arrears are paid in full and an action was
not commenced within six months of the obligee's date of death to probate
the estate of the obligee.
