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| Rule |
Rule 5101:12-60-05 | Administrative review and adjustment process.
Effective:
January 15, 2020
(A) This rule and its supplemental rules
describe the procedures for the administrative review and adjustment of child
support orders. The child support enforcement agency (CSEA) shall proceed in
accordance with this rule and its supplemental rules when a IV-D application as
described in paragraph (A) of rule 5101:12-10-01.1 of the Administrative Code
or a IV-D referral as described in paragraph (B) of rule 5101:12-10-01.1 of the
Administrative Code that has been completed and filed with the
CSEA. (B) The following terms and definitions
are applicable to this rule and its supplemental rules: (1) "Adjustment" means a change in the: (a) Amount of a current child support obligation; (b) Amount of an ordered payment on arrears; (c) Amount of a current cash medical support obligation;
or (d) Medical support provision: (i) To provide health
care coverage for the child subject to the child support order; or (ii) To provide cash
medical support; or (iii) For the shared
responsibility of uncovered health care expenses. (2) "Date
certain" means the date on which the administrative review of the child
support order is initially scheduled to be conducted. (3) "Date of the
most recent support order" means the effective date of the last child
support order, which was issued as a result of a calculation using the Ohio
child support guidelines, including a no-change order. (4) "Evidence"
may include but is not limited to: a written statement, letter, or affidavit by
the requesting party or a person with personal knowledge of the circumstances;
a letter or other documentation from the requesting party's current or
past employer, pay stubs, other employment records; written communication from
the state or county department of job and family services documenting the
receipt of or approval of eligibility for public assistance or unemployment
compensation benefits; or any other relevant documentation. (5) "Guidelines" refers to the Ohio child support
guidelines: (a) As set forth in Chapter 3119. of the Revised Code, prior to
March 28; 2019; or (b) As set forth in accordance with rule 5101:12-1-17 of the
Administrative Code, on or after March 28, 2019. (6) "Non-requesting
party" means the person who did not submit the JFS 01849, "Request
for Administrative Review of the Support Order" (effective or revised
effective date as identified in rule 5101:12-60-99 of the Administrative Code),
or, in an administrative review initiated by the CSEA, the
obligor. (7) "Parent"
means a mother or father of the child of the support order. (8) "Party" or
"parties" means the obligee, which may be a caretaker or any
individual or entity with legal or physical custody of the child, and/or the
obligor(s) to a child support order. When a party has a legal guardian or an
authorized representative, the legal guardian or an authorized representative
may submit documentation on behalf of the party. (9) "Review" means an objective
evaluation of information necessary to determine: (a) Child support and cash medical support obligations based on
the application of the guidelines; and (b) Medical support provisions identified in paragraph (B)(1)(d)
of this rule. (C) The CSEA shall use the
guidelines: (1) As set forth in
Chapter 3119. of the Revised Code for administrative reviews initially
scheduled to be reviewed prior to March 28, 2019; or (2) As set forth in
accordance with rules 5101:12-1-17 and 5101:12-45-10 of the Administrative Code
for administrative reviews initially scheduled to be reviewed on or after March
28, 2019; and (3) As a rebuttable
presumption in the administrative review and adjustment of a child support
order. The CSEA shall not deviate from the use of the guidelines in calculating
and recommending a revised amount. (D) When an administrative review
indicates that an adjustment is appropriate, the CSEA shall recommend the
adjustment of the child support order. An adjustment is only appropriate
when: (1) The recommended
amount of a child support obligation or a cash medical support obligation is
more than ten per cent different than the existing obligation; or (2) There is a change in
a medical support provision identified in paragraph (B)(1)(d)(i) or
(B)(1)(d)(ii) of this rule. A change in the medical support provision
identified in paragraph (B)(1)(d)(iii) of this rule alone does not warrant an
adjustment. (E) The CSEA shall only administratively
review and adjust the child support obligation, the cash medical support
obligation, the payment on arrears, and the medical support provisions
identified in paragraph (B)(1)(d) of this rule that may be contained in a child
support order. The CSEA shall not review or adjust other provisions of the
order such as tax exemptions, the allocation of the parental rights and
responsibilities for the care of the child, or spousal support. (F) The CSEA shall not conduct an
administrative review and adjustment on the payment on an arrears only
case. (G) In providing support enforcement program services, including
an administrative review and adjustment, the CSEA and its contracted agents
(e.g., prosecutors, attorneys, administrative officers) represent the best
interests of the state of Ohio and not the recipient of services or the
recipient's personal interest, when that interest is contrary to the
interest of the state of Ohio. (H) Every thirty-six months after the date of the most recent
child support order, the Ohio department of job and family services, office of
child support will issue a JFS 07049, "Notice of Right to Request Review
of Child and Medical Support Order" (effective or revised effective date
as identified in rule 5101:12-60-99 of the Administrative Code), to notify each
party of the right to request an administrative review. The JFS 07049 provides
the parties with the procedures for requesting an administrative review and the
appropriate place and manner in which the request should be made.
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Rule 5101:12-60-05.1 | Initiation of an administrative review.
Effective:
January 15, 2020
(A) Every thirty-six months after the
date of the most recent child support order, the child support enforcement
agency (CSEA) with administrative responsibility for the child support order
shall initiate an administrative review of a case in which the child is
currently receiving Ohio works first benefits. Unless a court has determined
that a review and adjustment of the child support order is not in the best
interest of the child, the CSEA shall presume that an administrative review is
in the best interest of the child. When a caretaker has received a good cause waiver
determination, the CSEA shall issue a JFS 01867, "Right to Request an
Administrative Review of the Support Order" (effective or revised
effective date as identified in rule 5101:12-60-99 of the Administrative Code)
to the caretaker. (1) When the caretaker or
the other party to the child support order wants an administrative review, the
CSEA shall proceed in accordance with this rule. (2) When neither the
caretaker nor the other party wants an administrative review, the CSEA is not
required to proceed with the administrative review. (B) The CSEA shall immediately initiate a
review and adjustment upon discovery that a child support order does not
include the medical support provision to either provide health insurance
coverage that is reasonable in cost for the child or to report any available
health care coverage to the CSEA or court. (C) The CSEA may initiate an
administrative review and adjustment when a child support order was issued or
modified in accordance with section 3119.30 of the Revised Code as that section
existed before the implementation of Amended Substitute House Bill 119 of the
127th General Assembly and: (1) There is a medical
support provision for both parents to report when private health insurance
coverage for the child becomes available; (2) One of the parents
reports that private health insurance coverage for the child has become
available; and (3) A health insurance
obligor has not been identified. (D) Any party may initiate an
administrative review every thirty-six months from the date of the most recent
support order by: (1) Completing and
submitting the JFS 01849, "Request for an Administrative Review of the
Child Support Order" (effective or revised effective date as identified in
rule 5101:12-60-99 of the Administrative Code), to the CSEA. (2) Applying for an
administrative review at the CSEA in the county of residence. When the county
of residence is not the county with administrative responsibility, the CSEA in
the county of residence shall transfer the JFS 01849 to the CSEA with
administrative responsibility within two business days of receipt of the JFS
01849. The CSEA with administrative responsibility may request assistance from
the CSEA in the county of residence in obtaining additional information in
order to proceed with the administrative review process. (E) Any party may initiate an
administrative review by submitting the JFS 01849 to the CSEA sooner than
thirty-six months when any of the following circumstances applies: (1) The existing child
support order established a minimum or a reduced child support obligation based
on the guidelines due to the unemployment or underemployment of one of the
parents and that parent is no longer unemployed or underemployed. The
requesting party must provide to the CSEA evidence or information supporting an
allegation of the change in the employment status. (2) Either parent has
become unemployed or been laid off, the unemployment or lay off is beyond the
parent's control, and the unemployment or lay off has continued
uninterrupted for thirty consecutive days. The requesting party must provide to
the CSEA evidence of the unemployment or lay off, including evidence that the
unemployment or lay off is beyond the parent's control. When the amount of
the existing child support obligation was calculated based on the annualized
income of an individual who is employed in a seasonal occupation, and the cause
of the request for a review is a seasonal lay off, then the parent does not
meet the criteria for an administrative review under this section. (3) Either parent has
become unemployed due to a plant closing or mass lay off as defined in the
Worker Adjustment and Retraining Notification (WARN) Act, 29 U.S.C. 2101 to
2109 (8/4/1988). The administrative review request may only be made after the
worker's last day of employment. The worker's last day of employment
is considered the date of that worker's lay off. The worker must provide
to the CSEA a copy of the notice of the plant closing or mass lay off provided
pursuant to the WARN Act. (4) Either parent has
become permanently disabled, reducing his or her earning ability. The
requesting party must provide to the CSEA verification of receipt of benefits
administered by the social security administration due to the permanent
disability or a physician's complete diagnosis and permanent disability
determination. (5) Either parent has
been institutionalized and cannot pay support for the duration of the
child's minority and no income or assets are available to the parent that
could be levied or attached for support. The requesting party must provide
evidence of the institutionalization and the inability to pay support during
the child's minority. (6) Either parent is
incarcerated and will be for more than one hundred eighty calendar days.
"Incarcerated" has the same meaning as in division (Q) of section
3119.05 of the Revised Code. The requesting party is to provide evidence of the
incarceration. (7) Either parent has experienced a
thirty per cent decrease that is beyond the parent's control, or an
increase in gross income or income-producing assets for a period of at least
six months that can reasonably be expected to continue for an extended period
of time. The requesting party must provide to the CSEA evidence or information
supporting an allegation of a change in status. (8) The child support order is not in
compliance with the guidelines because the child support obligation has
terminated for one or more children and a support obligation still exists for
another child subject to the support order. (9) In administrative child support
orders over which a court has not taken jurisdiction, to consolidate children
of the same parents for whom a duty of support has been established into a
single administrative child support order that is in compliance with the
guidelines. (10) Any party requests access to
available or improved health care coverage for the child. The requesting party
must provide to the CSEA evidence or information supporting the allegation that
access to new or improved health care coverage is available. (11) Either parent has experienced an
increase or decrease in the cost of child care or ordered health care coverage.
When the newly reported cost of child care or health care coverage would change
the existing support obligation by more than ten per cent, then the parent
meets the criteria for an administrative review. The requesting party must
provide to the CSEA evidence or information supporting an allegation of an
increase or decrease in the cost of health care or child care. When the request
is based on a change in the cost of health care, the requesting party must
provide to the CSEA evidence regarding the total, actual out-of-pocket cost for
health insurance premiums paid for the coverage. (12) The health care coverage that is
currently being provided in accordance with the support order is no longer
accessible or reasonable in cost. The requesting party must provide to the CSEA
evidence or information supporting an allegation that the health care coverage
is no longer accessible or reasonable in cost. (13) The child support order contains a
medical support provision for cash medical support issued prior to March 28,
2019 and the obligor reports that his or her annual gross income is now below
one hundred fifty per cent of the federal poverty level for an individual. The
obligor must provide to the CSEA evidence or information supporting an
allegation that his or her annual gross income is below one hundred fifty per
cent of the federal poverty level for an individual. (14) The obligor is a member of the
uniformed services and is called to active military service for a period of
more than thirty days. (15) An obligor who received a temporary
support order adjustment pursuant to rule 5101:12-60-05.2 of the Administrative
Code has notified the CSEA that the obligor's term of active military
service has ended and has provided written documentation sufficient to
establish that the obligor's employer has violated the Uniformed Services
Employment and Reemployment Rights Act, 38 U.S.C. 4301 to 4333
(10/9/1996). (F) The CSEA shall provide a JFS 01849 to
a party requesting an administrative review within three business days of the
request. (G) The CSEA is not required to
administratively review or adjust a child support order when any party elects
to proceed through court, either through self-representation or through private
counsel, or an action has been filed with the court by either party that may
have an impact on the administrative review. When a party elects to proceed
through the court and the court subsequently dismisses the action, the CSEA may
administratively review the child support order in accordance with this
rule.
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Rule 5101:12-60-05.2 | Initiation of temporary adjustment for certain military members.
Effective:
February 11, 2019
(A) This rule describes the circumstances
under which an obligor who is a member of the uniformed services may request an
administrative review and temporary adjustment of a child support order when
called to active military duty pursuant to section 3119.77 of the Revised Code
and how the child support enforcement agency (CSEA) shall proceed. (B) The following definitions are
applicable to this rule: (1) "Active military
service" means the performance of active military duty by a member of the
uniformed services for a period of more than thirty days. (2) "Uniformed
services" means any reserve component of the armed forces of the United
States or the Ohio organized militia when engaged in full-time national guard
duty for a period of more than thirty days. (C) An obligor in the uniformed services
who is called to active military duty may request an administrative review of a
child support order. The obligor shall complete and submit JFS 01849,
"Request for an Administrative Review of the Child Support Order,"
(effective or revised effective date as identified in rule 5101:12-60-99 of the
Administrative Code). The obligor shall indicate on the JFS 01849 that the
obligor is a member of the uniformed services called to active military service
for a period of more than thirty days and provide with the JFS 01849 any orders
or other appropriate documentation specifying the commencement date of the
active military service and the monthly monetary compensation for that
service. (D) The CSEA shall consider the
obligor's call to active military service as a change of circumstances
substantial enough to require an administrative review of the child support
order. (E) The obligor may designate another
individual to act on behalf of the obligor in the administrative review and
adjustment process by providing the CSEA with a military power of attorney
executed pursuant to 10 U.S.C. 1044b (11/30/1993). The CSEA shall allow the
individual identified in the military power of attorney to act on the
obligor's behalf during the administrative review and provide the
individual with all required administrative review notices. (F) In accordance with section 3119.773
of the Revised Code, when an amount to be paid under a child support order is
adjusted as the result of a request made under this rule, the obligor shall
provide to the CSEA written notice of the date of termination of active
military service. The notice shall be provided no later than the last day of
the month in which the service ended. When an obligor who received a temporary
child support order adjustment pursuant to this rule fails to notify the CSEA
that the term of active military service ended and the obligee or the CSEA has
written documentation that the term of active military service ended, the CSEA
shall end the temporary adjustment order and reinstate the prior amount of
support as of the first day of the month following the date that the active
military service ended. (G) In accordance with section 3119.772
of the Revised Code, when a child support order is adjusted based on an
administrative review completed pursuant to this rule, the adjustment shall
relate back to the date the CSEA sent the notification of administrative
review, or the first day of the month in which the active military service
begins, whichever occurs later. (H) A child support order adjusted under
this rule shall: (1) Revert to the prior
amount of support as of the first day of the month following the date that the
obligor's active military service ends; and (2) Include a statement
that the adjustment will end and the prior amount of support will be reinstated
as of the first day of the month following the date that the active military
service ends, except as otherwise provided in division (C) of section 3119.771
of the Revised Code.
Last updated September 28, 2023 at 9:16 AM
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Rule 5101:12-60-05.3 | The administrative review.
Effective:
February 11, 2019
(A) A child support enforcement agency
(CSEA) shall evaluate a case when it is determined that an administrative
review may be required or a JFS 01849, "Request for an Administrative
Review of the Child Support Order" (effective or revised effective date as
identified in rule 5101:12-60-99 of the Administrative Code), is received. When
the CSEA is required to conduct an administrative review, the CSEA shall
initiate action to adjust the child support order in accordance with the
guidelines. (B) The CSEA is required to conduct an
administrative review when: (1) An administrative
review is required pursuant to paragraph (A) or (B) of rule 5101:12-60-05.1 of
the Administrative Code; (2) Any party to the
child support order requests an administrative review pursuant to paragraph (D)
of rule 5101:12-60-05.1 of the Administrative Code; (3) Any party requests an
administrative review pursuant to paragraph (E) of rule 5101:12-60-05.1 of the
Administrative Code and the requesting party submits sufficient evidence or
information to support such a request; or (4) The obligor requests
an administrative review pursuant to rule 5101:12-60-05.2 of the Administrative
Code and the obligor submits sufficient evidence or information to support such
a request. (C) The CSEA is not required to conduct
an administrative review when: (1) No party resides in
Ohio, unless the request is made in accordance with rule 5101:12-60-05.2 of the
Administrative Code or the parties have consented in a record or open court
that the tribunal in Ohio, may continue to exercise jurisdiction to modify its
order. When the CSEA denies such a request for an administrative review, the
CSEA shall notify the requesting party to contact the IV-D agency in the
requesting party's state of residence. (2) It has been less than
thirty-six months from the date of the most recent child support order and the
CSEA determines that the request for the administrative review is a frequent
request and there is no evidence to support the request. "Frequent
request" is defined as more than one request for an administrative review
per party in a three-month period. When the CSEA denies such a request for an
administrative review, the CSEA shall notify the requesting party of the denial
and the reason for the denial. (3) It has been less than
thirty-six months from the date of the most recent child support order and the
CSEA determines that the requesting party has failed to provide evidence or
information, in accordance with paragraph (E) of rule 5101:12-60-05.1 or
paragraph (C) of rule 5101:12-60-05.2 of the Administrative Code, necessary to
support the administrative review request. When the CSEA denies such a request
for an administrative review, the CSEA shall notify the requesting party or the
person appointed by the obligor as having military power of attorney of the
denial and the reason for the denial. (D) The CSEA shall complete the
evaluation and make a determination of whether an administrative review is
required to be conducted within the following time frames: (1) No later than fifteen
days after the following: (a) The thirty-six month anniversary of the date of the
most recent child support order when the CSEA is required to complete an
administrative review pursuant to paragraph (A) of rule 5101:12-60-05.1 of the
Administrative Code; (b) The date the CSEA identifies that an administrative
review is required pursuant to paragraph (B) of rule 5101:12-60-05.1 of the
Administrative Code; or (c) The date the CSEA receives a JFS 01849 from any party
requesting an administrative review pursuant to paragraph (D) or (E) of rule
5101:12-60-05.1 of the Administrative Code. (2) No later than three
business days after receipt of a JFS 01849 from an obligor requesting an
administrative review pursuant to rule 5101:12-60-05.2 of the Administrative
Code. (E) The CSEA shall conduct the
administrative review within one hundred eighty days of: (1) Receiving a JFS 01849
or locating the non-requesting party, when the most recent child support order
was issued on or before February 10, 2019 (indicating that the order does not
contain notice to the parties pursuant to section 3121.29 of the Revised Code),
whichever occurs later; or (2) Receiving a JFS
01849, when the most recent child support order was issued on or after February
11, 2019 (indicating that the order does contain notice to the parties pursuant
to section 3121.29 of the Revised Code). (F) In accordance with paragraph (E)(1)
or (E)(2) of this rule, the CSEA shall: (1) Determine that the
request for the administrative review does not meet the administrative review
criteria and issue a JFS 07613, "Administrative Adjustment Review Denial
Notice" (effective or revised effective date as identified in rule
5101:12-60-99 of the Administrative Code), to the requesting party that
includes the reason for the denial, or (2) Determine that the
request for the administrative review does meet the administrative review
criteria, then schedule the administrative review in accordance with paragraph
(G)(1)(a) of this rule, and: (a) Conduct the review to determine whether or not the
child support order should be adjusted, or (b) Issue a JFS 01868, "Dismissal of Administrative
Review Request" (effective or revised effective date as identified in rule
5101:12-60-99 of the Administrative Code), to dismiss the scheduled
review: (i) In accordance with
paragraph (G)(2)(b) of this rule, or (ii) At the request of
the requesting party before the date certain. (G) When an administrative review is to
be conducted: (1) The CSEA
shall: (a) Schedule the review for a date that is at least thirty
days in the future; (b) Issue to the last known address of the parents, at
least thirty days before the date certain: (i) A JFS 07606,
"Administrative Adjustment Review Notification" (effective or revised
effective date as identified in rule 5101:12-60-99 of the Administrative Code),
and (ii) A JFS 00593,
"Child Support Financial Affidavit" (effective or revised effective
date as identified in rule 5101:12-60-99 of the Administrative
Code); (c) Issue a JFS 00592, "Caretaker Notification of
Administrative Adjustment Review" (effective or revised effective date as
identified in rule 5101:12-60-99 of the Administrative Code), to the last known
address of the caretaker, if a caretaker exists. (2) The JFS 07606
notifies each parent to provide the CSEA with the information and documents
listed on the JFS 00593 no later than the date of the scheduled review,
pursuant to section 3119.60 of the Revised Code. (a) Should either parent fail to submit the required
information, the CSEA may do either of the following: (i) Request the court of
appropriate jurisdiction of the county in which the agency is located to issue
an order requiring the parent to provide the information as requested;
or (ii) Make any reasonable
assumptions necessary with respect to the information the parent did not
provide to ensure a fair and equitable review of the child support order or
establishment of an administrative order under section 3111.81 of the Revised
Code. (b) When a requesting parent fails to submit the
information in accordance with paragraph (G)(2) of this rule, the CSEA may
issue a JFS 01868 to the parties indicating that the administrative review has
been abandoned by the requesting party. Any party has the right to submit a new
JFS 01849. (c) A caretaker is not required to submit any information
to the CSEA for the administrative review. (3) When the parents wish
to conduct the administrative review sooner than the required thirty day time
period and the CSEA has sufficient information to proceed with an
administrative review, both parents must complete a waiver and submit the
waiver to the CSEA. Upon receipt of the completed waivers, the CSEA shall
conduct the administrative review on a date specified and agreed upon by both
parents and the CSEA. When the parents and CSEA fail to agree upon a date, the
administrative review shall occur on the date certain. (4) It is not necessary
for any party to be present at the administrative review.
Last updated September 28, 2023 at 9:17 AM
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Rule 5101:12-60-05.4 | Calculation and recommendation of a revised order for child and medical support.
Effective:
February 14, 2019
(A) On the date the administrative review
is conducted, the child support enforcement agency (CSEA) shall calculate the
appropriate amount of the support obligations to be paid under the child
support order in accordance with rule 5101:12-45-10 of the Administrative Code
for orders issued prior to March 28, 2019 or rules 5101:12-1-17 and
5101:12-45-10 of the Administrative Code for orders issued on or after March
28, 2019. (1) When a non-requesting
parent's copy of the JFS 07606, "Administrative Review
Notification" (effective or revised effective date as identified in rule
5101:12-60-99 of the Administrative Code), is returned to the CSEA as
undeliverable (indicating that the non-requesting parent failed to comply with
the address reporting requirements specified in the existing support order),
the CSEA shall proceed with the guidelines calculation using information
provided by the other parent, and for the non-requesting parent, imputed income
based on reasonable assumptions. (2) The requesting party
may not dismiss the request for an administrative review on or after the date
certain. (B) When a CSEA conducts a review of a
current order, the CSEA shall establish or adjust the ordered payment on
arrears in accordance with section 3123.21 of the Revised Code, except that
when the recommended current child support amount is zero dollars, the CSEA
shall recommend an ordered payment on arrears of: (1) Fifty dollars for
orders issued prior to March 28, 2019; or (2) Eighty dollars for
orders issued on or after March 28, 2019. (C) Except as stated in rule 5101:12-60-05.2 of the
Administrative Code, when the CSEA recommends an adjustment to the existing
child support order, the effective date of the adjustment shall be the first
day of the month following the date certain. (D) Within five days of the date the administrative review
is conducted, the CSEA shall incorporate the findings and recommendations in
the JFS 07724, "Administrative Adjustment Recommendation" (effective
or revised effective date as identified in rule 5101:12-45-99 of the
Administrative Code), and issue a copy of the JFS 07724 to the parties to the
child support order by ordinary mail as follows: (1) When the most recent
child support order was filed on or before February 10, 2019, and a
non-requesting parent's copy of the JFS 07606 or a non-requesting
caretaker's copy of the JFS 00592, "Caretaker Notification of
Administrative Adjustment Review" (effective or revised effective date as
identified in rule 5101:12-60-99 of the Administrative Code) is returned to the
CSEA as undeliverable, the CSEA shall not mail the JFS 07724 to the parties.
The CSEA shall continue with location efforts as described in Chapter
5101:12-20 of the Administrative Code; (a) Within five days of the date certain, the CSEA shall
issue the JFS 01866, "Administrative Review Pending Notice"
(effective or revised effective date as identified in rule 5101:12-60-99 of the
Administrative Code), to the other party or parties; and (b) Within three business days of obtaining a valid address
for the non-requesting party, the CSEA shall issue the JFS 07724 to the parties
by ordinary mail. (2) When the most recent child support
order was filed on or after February 11, 2019, the CSEA shall issue the JFS
07724 to the parties by ordinary mail. (E) When no party timely objects to the JFS 07724, the CSEA
shall, within five days: (1) Submit the JFS 07724
to the court when the child support order is a judicial order or (2) Issue a JFS 07719,
"Administrative Order for Child Support and Medical Support"
(effective or revised effective date as identified in rule 5101:12-45-99 of the
Administrative Code) to the parties when the child support order is an
administrative child support order. The CSEA shall incorporate the
administrative recommendations in the JFS 07719 and shall issue the JFS 07719
regardless of whether or not the support obligations or medical support
provisions are to be adjusted. (F) Any support order issued as a result of an
administrative review shall be subject to the withholding or other deduction
notices or orders described in section 3121.03 of the Revised
Code.
Last updated September 28, 2023 at 9:17 AM
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Rule 5101:12-60-05.5 | Notice of hearing rights.
Effective:
February 11, 2019
The JFS 07724, "Administrative Adjustment
Recommendation" (effective or revised effective date as identified in rule
5101:12-45-99 of the Administrative Code), notifies the parties to the child
support order of their right to request an administrative adjustment hearing
and the procedures and time deadlines for requesting the administrative
adjustment hearing. (A) When the order is a court support order, the child
support enforcement agency (CSEA) shall submit the JFS 07724 to the court for
inclusion in a revised court support order unless rany party requests an
administrative adjustment hearing no later than fourteen days after the JFS
07724 is issued. (1) When the existing court support order contains a
deviation granted under section 3119.23 or 3119.24 of the Revised Code or when
any party intends to request a deviation, any party has a right to file for a
court hearing on the revised amount of a support obligation without first
requesting an administrative adjustment hearing. (2) In order to exercise this right, any party must file
the request for a court hearing with the court no later than fourteen days
after the JFS 07724 is issued. (B) When the order is an administrative child support
order, the CSEA shall include the recommendation in an amended administrative
child support order using the JFS 07719, "Administrative Order for Child
Support and Medical Support" (effective or revised effective date as
identified in rule 5101:12-45-99 of the Administrative Code), unless any party
requests an administrative adjustment hearing no later than fourteen days after
the JFS 07724 is issued.
Last updated September 28, 2023 at 9:17 AM
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Rule 5101:12-60-05.6 | CSEA administrative adjustment hearing process.
Effective:
February 11, 2019
(A) The child support enforcement agency
(CSEA) shall schedule and conduct an administrative adjustment hearing in
accordance with this rule when the CSEA determines that any party to the child
support order has submitted a timely request for an administrative adjustment
hearing. (B) Any party may submit to the CSEA a
written request for an administrative adjustment hearing to object to the
recommendations contained in the JFS 07724, "Administrative Adjustment
Recommendation" (effective or revised effective date as identified in rule
5101:12-45-99 of the Administrative Code). (1) In accordance with
division (B) of section 3119.63 of the Revised Code, when the order is a court
support order, the request must be received by the CSEA within fourteen days
after the JFS 07724 is issued. (2) In accordance with
division (A) of section 3119.61 of the Revised Code, when the order is an
administrative child support order, the request must be received by the CSEA no
later than fourteen days after the JFS 07724 is issued. (C) The CSEA shall schedule the
administrative adjustment hearing for a date no later than fifteen days after
the date that the CSEA receives the request. No later than ten days before the
hearing is conducted, the CSEA shall issue the JFS 07602, "Administrative
Adjustment Hearing Notice" (effective or revised effective date as
identified in rule 5101:12-60-99 of the Administrative Code), to each
party's last known address by ordinary mail. (D) The CSEA may grant a request from any
party to participate in the hearing via telephone in appropriate circumstances
as determined by the CSEA. (E) The administrative adjustment hearing
shall be conducted by a licensed attorney or other qualified person designated
by the CSEA director with significant training or experience in conducting
hearings that are subject to court review (hereafter both are referred to as
"designee"). The designee shall not have been involved in the
administrative adjustment recommendations being appealed. The designee shall
not have contact with the parties about the case outside the hearing
process. (F) The CSEA representative who was
involved in the administrative adjustment recommendation being appealed or
other person designated by the CSEA who is familiar with the recommendation
shall be available for the administrative adjustment hearing to explain the
administrative adjustment recommendation, answer relevant questions, and
provide appropriate documentation to support the administrative adjustment
recommendation. (G) The designee shall permit one request
per party for postponement of the originally scheduled administrative
adjustment hearing date. The request must be based on a valid reason, as
determined by the CSEA, and received by the CSEA no later than seven days
before the scheduled date. (1) When the CSEA
approves the request, the CSEA shall reschedule the administrative adjustment
hearing within fifteen days of the original hearing date and issue the JFS
07633, "Rescheduling Administrative Adjustment Hearing Notice"
(effective or revised effective date as identified in rule 5101:12-60-99 of the
Administrative Code), to each party, notifying the parties of the rescheduled
date, time, and location of the administrative adjustment hearing. (2) When the CSEA
determines that no valid reason to postpone the administrative adjustment
hearing has been presented by the party, the CSEA shall issue the JFS 01856,
"Denial of Request to Reschedule Administrative Review and Adjustment
Hearing" (effective or revised effective date as identified in rule
5101:12-60-99 of the Administrative Code), to the requesting
party. (H) The CSEA may deny the request for an
administrative adjustment hearing when: (1) The request for an
administrative adjustment hearing is not made by one of the parties or a
party's authorized representative; (2) The stated reason for
requesting the hearing is unrelated to the administrative adjustment
recommendation; or (3) The request is
untimely. (I) When an administrative adjustment
hearing request is denied, the CSEA shall issue a JFS 07728, "Denial of
Request for an Administrative Adjustment Hearing " (effective or revised
effective date as identified in rule 5101:12-60-99 of the Administrative Code),
to each party by ordinary mail. The JFS 07728 shall indicate the reason(s) for
the denial. (J) At the administrative adjustment
hearing, each party shall be given the opportunity to present evidence and
testimony to support whether the CSEA correctly evaluated the information
relevant to the review. Any party may bring a representative to the hearing.
The designee may exclude any individual who does not have a valid interest in
the proceedings as determined by the designee. The CSEA shall maintain a copy
of all exhibits provided by the parties at the administrative adjustment
hearing. (K) In accordance with section 3123.21 of
the Revised Code, an administrative hearing officer may consider evidence of
household expenditures, income variables, extraordinary health care issues, and
other reasons for a deviation from the twenty per cent presumption on the
ordered payment on arrears. (L) Within ten days of the administrative adjustment
hearing, the CSEA shall issue the JFS 07770, "Administrative Adjustment
Hearing Decision" effective or revised effective date as identified in
rule 5101:12-60-99 of the Administrative Code), to the last known address of
each party by ordinary mail. The designee shall attach to the JFS 07770
findings of fact based upon the evidence presented at the hearing, relevant
citations to the guidelines and other applicable law, a conclusion regarding
the correctness of the administrative adjustment review recommendation under
appeal, and a recommendation regarding the support obligations and medical
support provisions. (M) The JFS 07770 contains the following notices of the
parties' rights to file for a court hearing to object to the
administrative adjustment hearing decision: (1) When the order is a
court support order, the parties may file for a court hearing within fourteen
days of the issuance date of the JFS 07770. (2) When the order is an
administrative child support order, the parties may, within fourteen days of
issuance date of the JFS 07770, initiate an action under section 2151.231 of
the Revised Code in the juvenile court or other court with jurisdiction under
sections 2101.022 and 2301.03 of the Revised Code of the county in which the
mother, father, child, guardian, or custodian of the child
resides. (N) Within fifteen days of receiving a request for or being
notified of a court hearing, the CSEA shall submit the request, when
applicable, the JFS 07724, the JFS 07770, and any attachments to the court. The
CSEA's only requirement is to submit the documents to the court. The CSEA
does not prepare the motion or represent any party at the hearing. (O) The CSEA's legal representative shall primarily
serve an administrative function rather than that of a legal advocate. When a
legal challenge occurs at the court level and the CSEA is requested to appear,
the CSEA shall present to the court the facts from the administrative
adjustment review and hearing to assure that the guidelines were correctly
applied and to explain the JFS 07724.
Last updated September 28, 2023 at 9:17 AM
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Rule 5101:12-60-45 | Continuation of support obligation beyond the child's eighteenth birthday.
Effective:
January 1, 2017
(A) Administrative child support orders. In accordance with section 3119.86 of the Revised Code, support imposed by an administrative child support order shall be continued beyond the child's eighteenth birthday only when the child continuously attends a recognized and accredited high school on a full time basis on and after the child's eighteenth birthday. An administrative child support order shall not remain in effect after the child reaches age nineteen. (B) Court child support orders. (1) In accordance with section 3119.86 of the Revised Code, support imposed by a court child support order shall continue beyond the child's eighteenth birthday only when: (a) The court has determined that the child is mentally or physically disabled and is incapable of supporting or maintaining himself or herself; (b) The child's parents have agreed to continue support beyond the child's eighteenth birthday pursuant to a separation agreement that was incorporated into a decree of divorce or dissolution; or (c) The child continuously attends a recognized and accredited high school on a full time basis on and after the child's eighteenth birthday. (2) In accordance with section 3119.86 of the Revised Code, a court child support order shall not remain in effect after the child reaches nineteen years of age unless the order provides that the duty of support continues after the child reaches age nineteen under the circumstances described in paragraph (B)(1)(a) or (B)(1)(b) of this rule. (3) In accordance with section 3119.86 of the Revised Code, when a court incorporates a separation agreement described in paragraph (B)(1)(b) of this rule into a decree of divorce or dissolution, the court may not require the duty of support to continue beyond the date the child's parents have agreed support should terminate.
Last updated October 12, 2023 at 11:12 AM
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Rule 5101:12-60-50 | Termination of support.
Effective:
February 11, 2019
(A) This rule and its supplemental rules
describe how the child support enforcement agency (CSEA) with administrative
responsibility for a child support order administratively terminates the
current child support obligation and the medical support provisions when a
required or optional administrative termination reason exist. The CSEA shall
proceed in accordance with this rule and its supplemental rules when a IV-D
application as described in paragraph (A) of rule 5101:12-10-01.1 of the
Administrative Code or a IV-D referral as described in paragraph (B) of rule
5101:12-10-01.1 of the Administrative Code has been completed and filed with
the CSEA. (B) Definitions. The following definitions, unless otherwise
noted, apply to rules in division 5101:12 of the Administrative Code: (1) "Age of
majority" has the same meaning as in section 3109.01 of the Revised
Code. (2) "Child support
order" has the same meaning as in section 3119.01 of the Revised Code. For
the purposes of this rule and its supplemental rules, "child support
order" includes medical support provisions contained in the child support
order. (3) "Overpaid child
support" has the same meaning as in rule 5101:12-50-20 of the
Administrative Code. (C) In accordance with section 3119.87 of
the Revised Code, the parent who is the residential parent and legal custodian
of a child for whom a child support order is issued or the person who otherwise
has custody of a child for whom a child support order is issued immediately
shall notify, and the obligor under a child support order may notify, the CSEA
administering the child support order of any reason for which the child support
order should terminate. Nothing in this paragrah shall preclude a person from
notifying the agency that a reason for which a child support order should
terminate is imminent. With respect to a court child support order, a willful
failure to notify the CSEA as required by section 3119.87 of the Revised Code
is contempt of court. (D) The CSEA shall initiate an
administrative termination investigation to determine whether the child support
order should terminate when there is a required administrative termination
reason. A required administrative termination reason includes all of the
following: (1) The child attains the
age of majority if the child no longer attends an accredited high school on a
full-time basis and the child support order requires support to continue past
the age of majority only if the child continuously attends a high school after
attaining that age; (2) The child ceases to
attend an accredited high school on a full-time basis after attaining the age
of majority, if the child support order requires support to continue past the
age of majority only if the child continuously attends such a high school after
attaining that age; (3) A termination
condition specified in the court child support order has been met for a child
who reaches nineteen years of age; (4) The child's
death; (5) The child's
marriage; (6) The child's
emancipation; (7) The child's
enlistment in the armed services when the child no longer attends an accredited
high school on a full-time basis; (8) The child's
deportation; (9) A change of legal
custody of the child, which includes but is not limited to the granting of
permanent custody of the child to a public children services agency or the
termination of parental rights of the obligor through another court
action; (10) The child's
adoption; (11) The obligor's
death; (12) The grandparent to
whom support is being paid or a grandparent who is paying support reports that
the grandparent's support order should terminate as a result of one of the
events described in division (D) of section 3109.19 of the Revised Code;
or (13) Marriage of the
obligor under a child support order to the obligee, if the obligor and obligee
reside together with the child. (E) Pursuant to division (B) of section
3119.88 of the Revised Code a court may also terminate an order for any other
appropriate reasons brought to the attention of the court, unless otherwise
prohibited by law. (F) The CSEA may elect to initiate an administrative
termination investigation to determine whether the child support order should
terminate when: (1) There is an
administrative child support order and a court child support order has been
issued that involves the same parties and child; or (2) A court makes a controlling order
determination and the controlling order is not the administrative child support
order or court support order that the CSEA is responsible for
enforcing. (G) When the obligor or obligee requests the CSEA to
terminate the child support order and the reason for terminating the child
support order is not one of the administrative termination reasons listed in
paragraph (D) of this rule or a termination reason utilized by the CSEA in
paragraph (F) of this rule, the CSEA shall not administratively terminate the
child support order. Instead, the CSEA: (1) Shall issue a JFS
07521, "Results of Support Order Termination Investigation"
(effective or revised effective date as identified in rule 5101:12-60-99 of the
Administrative Code), to the last known address of the person who requested the
termination of the child support order. (2) May elect but is not
required to assist the person with filing the action to terminate the child
support order with the appropriate court. (H) In accordance with section 3119.89 of the Revised Code,
the CSEA shall not conduct an administrative review and adjustment of the child
support order for any other children subject to the child support order until a
final administrative or judicial order has been issued regarding the
administrative termination investigation's findings and
recommendations.
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Rule 5101:12-60-50.1 | Administrative termination investigation, findings and recommendations, and impounding support.
Effective:
February 11, 2019
(A) Administrative termination
investigation. (1) The child support
enforcement agency (CSEA) shall complete an administrative termination
investigation and issue findings and recommendations regarding whether the
child support order should terminate within twenty days of the date the CSEA is
notified by either the obligee or obligor or becomes aware that: (a) A required administrative termination reason as described in
paragraph (D)(1), (D)(2), or (D)(3) of rule 5101:12-60-50 of the Administrative
Code has occurred or is expected to occur; (b) A required administrative termination reason as described in
paragraphs (D)(4) to (D)(13) of rule 5101:12-60-50 of the Administrative Code
has occurred; or (c) An administrative termination reason described in paragraph
(F) of rule 5101:12-60-50 of the Administrative Code exists and the CSEA elects
to proceed with the administrative termination process. (2) During the administrative termination
investigation, the CSEA shall determine: (a) Whether any administrative termination reason
exists. When the CSEA investigation results indicate
that any of the administrative termination reasons do not exist, the CSEA shall
issue a JFS 07521, "Results of Support Order Termination
Investigation" (effective or revised effective date as identified in rule
5101:12-60-99 of the Administrative Code), to the last known address of the
person who requested the termination of the child support order. (b) Whether there are other minor children subject to the child
support order. When the CSEA determines that there are other
minor children subject to the child support order, the CSEA shall calculate a
revised amount of child support and cash medical support for the other minor
children as follows: (i) When the child
support order is computed using a sole residential parent or shared parenting
computation worksheet, divide the child support and the cash medical support
due annually or monthly under the order by the number of children who are the
subject of the order; then, subtract the amount due for the child for whom the
order should be terminated from the total child support and cash medical
support amount due annually or monthly. (ii) When the child
support order is computed using a split parental rights computation
worksheet: (a) The CSEA shall divide
the annual or monthly obligation for the non-residential parent of the child
for whom support is being terminated by the number of children in the other
party's custody contained on the existing child support guidelines
worksheet. Next, subtract the amount due for the child for whom the order
should be terminated from the total child support amount due annually or
monthly under a revised child support payment order. This revised amount of
support must then be offset against the other party's support obligation
to calculate the revised child support for inclusion in the order. The
calculation may result in a new obligor for payment of the child support
order. (b) If the calculation in
paragraph (A)(2)(b)(ii)(a) of this rule results in a new child support obligor
this individual also becomes the cash medical obligor: if the obligor has not
changed this paragraph still refers to the existing cash medical obligor. When
cash medical support has been ordered the CSEA shall compare the cash medical
obligor's cash medical support maximum from the existing child support
guidelines worksheet with the current United States department of agriculture
(USDA) table for the number of children in the other party's custody. The
CSEA shall use the lesser amount as the obligation for cash medical
support. (c) Whether the obligor owes any arrears or other
balances. (d) Whether the CSEA believes it is necessary to continue income
withholding or income deduction for the other minor children or arrears
payment. (e) Whether amounts paid pursuant to the child support order
being investigated should be impounded because the continued receipt and
disbursement would lead to an overpayment by the obligor to the
obligee. (f) Whether an overpayment has been made to the obligee or the
Ohio department of job and family services (ODJFS). (B) Findings and recommendations for an
administrative child support order. (1) When the child
support order is an administrative child support order and the administrative
termination investigation results indicate that an administrative termination
reason exists, the CSEA shall prepare the JFS 07522, "Findings and
Recommendations to Terminate the Administrative Child Support
Order"(effective or revised effective date as identified in rule
5101:12-60-99 of the Administrative Code), file the JFS 07522 with the
administrative child support record, and issue copies of the JFS 07522 to the
obligor and obligee at their last known addresses. (2) When the CSEA
determines that the support has been assigned to ODJFS pursuant to an Ohio
works first (OWF) or medicaid assignment and that ODJFS has been or will be
overpaid by the obligor, the CSEA shall recommend that the amount overpaid be
disbursed in accordance with rules 5101:12-80-10 and 5101:12-80-10.1 of the
Administrative Code. (C) Findings and recommendations for a
court child support order. (1) When the child
support order is a court support order and the administrative termination
investigation results indicate that an administrative termination reason
exists, the CSEA shall: (a) Compile findings and recommendations and issue or request the
clerk of courts to issue copies of the findings and recommendations to the
obligor and obligee at their last known addresses. (b) Include in the findings and recommendations a finding that
states the reason for which the child support order and medical support
provisions should terminate, a recommendation that the child support order and
medical support provisions be terminated, and the effective date of the
termination of the child support order and medical support provisions. In
addition, the CSEA shall include in the findings and recommendations the
following: (i) When there are other
minor children subject to the order: (a) A finding of whether
the child support order should continue for other minor children subject to the
order; and (b) When the CSEA finds
that the child support order should continue, a recommendation that the child
support order should continue for the other minor children and, in accordance
with paragraph (A)(2)(b) of this rule, the amount of child support that should
be paid for the other minor children. (ii) When continued
payment and disbursement of payments paid pursuant to the child support order
that will be terminated will likely result in an overpayment or an increase in
an existing overpayment: (a) A finding that
continued payment and disbursement of payments will likely result in an
overpayment or increase an existing overpayment; and (b) A recommendation that
the support be impounded and that all impounded funds be disbursed to the
appropriate person by the CSEA after the child support order has been
terminated. When the CSEA determines that the support
has been assigned to ODJFS pursuant to an OWF or medicaid assignment and that
ODJFS has been or will be overpaid by the obligor, recommend that the amount
overpaid be disbursed in accordance with rules 5101:12-80-10 and
5101:12-80-10.1 of the Administrative Code. (iii) When the obligor
owes arrears or other balances: (a) A finding of the
amount of arrears or other balances owed by the obligor and the date of the
calculation; and (b) A recommendation that
the obligor be found to owe the arrears and other balances and be ordered to
pay a monthly arrears payment amount that is compliant with sections 3121.36
and 3123.14 of the Revised Code. (iv) When amounts are
owed for other minor children or for a payment on arrears, other balances, or
other obligations: (a) A finding to initiate
or continue income withholding or deduction; and (b) A recommendation to
initiate or continue income withholding or deduction. (v) When amounts are not
owed for other minor children or for a payment on arrears, other balances, or
other obligations: (a) A finding to
terminate income withholding or deduction; and (b) A recommendation to
terminate income withholding or deduction. (vi) When the obligee was
overpaid: (a) A finding that the
obligee was overpaid, the amount the obligee was overpaid, and the date through
which the overpayment was calculated; and (b) A recommendation that
the obligee be found to have been overpaid and the amount the obligee was
overpaid. (vii) The following
statements: (a) Both the obligor and
obligee have the right to request an administrative hearing to object to the
findings and recommendations contained in this notice. To request an
administrative hearing, submit a written request for an administrative hearing
to the CSEA. The obligor and obligee have fourteen days after the issuance of
the notice containing the findings and recommendations to submit the written
request for an administrative hearing to the CSEA. When the obligor or obligee
requests an administrative hearing within fourteen days of the issuance of this
notice, which contains the findings and recommendations, no revised court child
support order will be issued. (b) When neither the
obligor nor the obligee requests an administrative hearing to object to the
findings and recommendations, the findings and recommendations will be
submitted to the court for inclusion into a revised or terminated court child
support order with no further court hearing. (2) When the obligee was
overpaid, the CSEA may elect to include in the findings and recommendations a
recommendation that the obligee repay the obligor the amount the obligee was
overpaid. (D) Impounding support. (1) When the CSEA is
aware that support is or may be overpaid, the CSEA shall impound support paid
pursuant to the child support order. When the support order is an
administrative child support order, the CSEA shall use the JFS 07523,
"Administrative Order to Impound Support"(effective or revised
effective date as identified in rule 5101:12-60-99 of the Administrative Code).
When the support order is a court support order, the CSEA shall prepare an
impound order and include in the impound order the following: (a) The reason the support is being impounded; and (b) The amount of support that is to be impounded. (2) The CSEA shall have
copies of the impound order, or JFS 07523, as applicable, issued to the last
known addresses of the obligor and obligee. (3) When the CSEA or
court had previously issued a JFS 04047, "Income Withholding for
Support"(effective or revised effective date as identified in rule
5101:12-10-99 of the Administrative Code), or JFS 04017, "Notice to Deduct
Funds for Child and Spousal Support"(effective or revised effective date
as identified in rule 5101:12-50-99 of the Administrative Code), the CSEA shall
immediately take action to cancel any previously issued JFS 04047 or JFS 04017.
The CSEA shall issue written notice of the cancellation by ordinary mail to the
person who was required to comply with the JFS 04047 or JFS 04017.
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Rule 5101:12-60-50.2 | Administrative termination hearing, court hearing, administrative termination order, and disbursement of impounded funds.
Effective:
February 11, 2019
(A) Administrative termination
hearing. (1) The obligor and
obligee to the child support order have the right to object to the
administrative termination investigation findings and recommendations within
fourteen days after issuance of the findings and recommendations. The child
support enforcement agency (CSEA) shall presume that the obligor and obligee
received the findings and recommendations three business days after the date
the findings and recommendations were issued. (2) When an obligor or
obligee timely requests an administrative termination hearing, the CSEA shall
schedule an administrative termination hearing and issue a JFS 07525,
"Notice of Administrative Termination Hearing"(effective or revised
effective date as identified in rule 5101:12-60-99 of the Administrative Code),
to the obligor and obligee at their last known addresses. (a) At the administrative termination hearing, the obligor and
obligee may present testimony and evidence to prove whether a mistake of fact
is contained in the findings and recommendations. "Evidence" has the
same meaning as in rule 5101:12-60-05 of the Administrative Code. The obligee
and obligor may bring a legal or personal representative to the hearing. The
CSEA may exclude any individual who is determined by the CSEA not to have a
valid interest in the proceedings. (b) Within fifteen days of the conclusion of the administrative
termination hearing, the CSEA shall: (i) When the child
support order is an administrative child support order, prepare a JFS 07526,
"Administrative Termination Hearing Decision"(effective or revised
effective date as identified in rule 5101:12-60-99 of the Administrative Code),
file the JFS 07526 with the administrative child support file, and issue copies
of the JFS 07526 to the last known addresses of the obligor and
obligee. (ii) When the child
support order is a court support order, prepare an administrative hearing
decision and issue copies of the administrative hearing decision to the obligor
and obligee. (3) The CSEA may deny an
administrative termination hearing request when the request was not received by
the CSEA within fourteen days of the date the JFS 07522, "Findings and
Recommendations to Terminate the Administrative Support Order"(effective
or revised effective date as identified in rule 5101:12-60-99 of the
Administrative Code) is issued. (a) The CSEA shall deny an administrative termination hearing
request when: (i) The person requesting
the administrative termination hearing was not the obligor or the obligee or
the representative of the obligor or obligee; or (ii) The reason the
obligor or obligee requested the administrative termination hearing was not
related to the findings and recommendations contained in the JFS
07522. (b) When the CSEA denies an administrative termination hearing
request, the CSEA shall issue the JFS 07524, "Denial of Administrative
Termination Hearing Request"(effective or revised effective date as
identified in rule 5101:12-60-99 of the Administrative Code), to the address of
the person who requested the administrative termination hearing within five
days of the receipt of the request. (B) Court hearing. (1) The obligor and
obligee have the right to object to the JFS 07526, when the child support order
is an administrative child support order, or the administrative hearing
decision, when the child support order is a court child support order, within
fourteen days of the date the JFS 07526 or administrative hearing decision is
issued, as applicable, by filing an action in one of the following
courts: (a) With respect to an administrative child support order, the
juvenile court or other court with jurisdiction under section 2101.022 or
2301.03 of the Revised Code of the county in which the CSEA that issued the
order is located. (b) With respect to a court child support order, in the court
that issued the order or that otherwise has jurisdiction over the
order. (2) When the obligor or
obligee timely requests a court hearing, the CSEA shall submit a copy of the
findings and recommendations and the JFS 07526 or administrative hearing
decision, as applicable, to the court within five days of becoming aware of the
request for the court hearing. (C) Administrative termination
order. (1) When neither the
obligor nor obligee timely objects to the JFS 07522 or findings and
recommendations, the CSEA shall: (a) When the child support order is an administrative child
support order, prepare a JFS 07527, "Administrative Order to Terminate the
Administrative Child Support Order"(effective or revised effective date as
identified in rule 5101:12-60-99 of the Administrative Code), file the JFS
07527 with the administrative child support record, and issue a copy of the JFS
07527 to the obligor and obligee at their last known addresses. (b) When the child support order is a court support order,
prepare an order that incorporates the CSEA's findings and recommendations
and file the order and the findings and recommendations with the
court. (2) When neither the
obligor nor obligee timely files a motion to object to the administrative
hearing decision or JFS 07526, the CSEA shall: (a) When the child support order is an administrative child
support order, prepare a JFS 07527, file the JFS 07527 with the administrative
child support record, and issue a copy of the JFS 07527 to the obligor and
obligee at their last known addresses. (b) When the child support order is a court support order,
prepare an order that incorporates the administrative hearing decision; file
the order, the findings and recommendations, and the administrative hearing
decision with the court; and issue or have issued copies of the order that
incorporates the administrative hearing decision to the obligor and obligee at
their last known addresses. (D) Disbursement of impounded
funds. The CSEA shall disburse all funds that have been
impounded or overpaid to ODJFS in accordance with the court order or rules
5101:12-80-10 and 5101:12-80-10.1 of the Administrative Code within ten days
of: (1) The date the CSEA
issues an administrative order terminating the child support order or receives
a journalized court order terminating the child support order; or (2) The effective date of
the child support termination, whichever occurs later.
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Rule 5101:12-60-70 | Reduction of permanently assigned arrears.
Effective:
January 1, 2017
(A) This rule and its supplemental rules describe the process for a reduction of permanently assigned arrears as a result of an obligor satisfying all the terms and conditions of a waiver, installment plan compromise, lump sum compromise or a family support program. (B) Procedures submitted by a child support enforcement agency (CSEA) for a waiver and compromise program and approved by the office of child support (OCS) prior to the effective date of this rule and its supplemental rules remain valid except to the extent that any provision of the CSEA procedure is inconsistent with the requirements contained in this rule and its supplemental rules. (C) The following definitions apply to this rule and its supplemental rules: (1) "Conditionally assigned arrears" has the same meaning as in rule 5101:12-80-10 of the Administrative Code. (2) "Current obligation" has the same meaning as in rule 5101:12-80-10 of the Administrative Code. (3) "Family support program" means a community-based program, approved or administered by the CSEA, in which an obligor may participate to promote financial and/or family stability. (4) "Family support program agreement" means a written agreement between an obligor and a CSEA in which the obligor participates in a family support program in exchange for the CSEA reducing permanently assigned arrears by an amount certain. (5) "Installment plan compromise" means a written agreement between an obligor and a CSEA to reduce permanently assigned arrears by an amount certain in exchange for the obligor to pay a monthly support amount for a specific time period. In exchange for the obligor's compliance, the CSEA reduces permanently assigned arrears by specific amounts at specific time periods. (6) "Lifetime maximum amount" means the total amount the CSEA is authorized to approve locally to be reduced from permanently assigned arrears on a support enforcement tracking system (SETS) case. (7) "Lump sum compromise" means a written agreement between an obligor and a CSEA to reduce permanently assigned arrears by an amount certain in exchange for a lump sum payment of a specified amount. In exchange for the obligor's compliance, the CSEA reduces permanently assigned arrears by a specified amount. (8) "Permanently assigned arrears" means: (a) Child support, spousal support, past care, or medical support arrears that are permanently assigned to the Ohio department of job and family services (ODJFS) or the Ohio department of medicaid (ODM) pursuant to an Ohio works first (OWF) assignment or permanently assigned to ODJFS, ODM or another state pursuant to an aid to families with dependent children, temporary assistance for needy families, medicaid, or Title IV-E foster care maintenance assignment. (b) Reimbursement owed to ODJFS or ODM for medical expenses or genetic testing cost. (9) "Unreimbursed assistance" has the same meaning as in rule 5101:12-80-09 of the Administrative Code. (10) "Waiver" means a written agreement between an obligor and a CSEA to reduce permanently assigned arrears to an amount certain, including when the amount certain is zero dollars, without requiring a payment in exchange by the obligor.
Last updated October 12, 2023 at 11:16 AM
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Rule 5101:12-60-70.1 | Procedures for a reduction of permanently assigned arrears.
Effective:
January 1, 2017
(A) A child support enforcement agency (CSEA) may elect to establish a procedure for a reduction of permanently assigned arrears that is consistent with rule 5101:12-60-70 of the Administrative Code and its supplemental rules. When a CSEA elects to establish such a procedure, the CSEA shall submit the procedure to the office of child support (OCS) prior to negotiating any agreements for a reduction of permanently assigned arrears. (B) The CSEA shall submit its procedure for a reduction of permanently assigned arrears to OCS for approval when the CSEA: (1) Elects to establish a procedure for a reduction of permanently assigned arrears and does not already have such a procedure; or (2) Amends an approved procedure; or (3) Has an approved procedure which is inconsistent with the requirements in rule 5101:12-60-70 of the Administrative Code and its supplemental rules; or (4) Elects to establish or utilize a family support program that will result in a reduction of permanently assigned arrears in excess of the lifetime maximum amount. (C) A family support program as described in paragraph (B)(4) of this rule, shall include the following: (1) The name of the program; (2) The goal(s) of the program; (3) The obligor's responsibilities in the program; (4) The frequency the CSEA will reduce the permanently assigned arrears on the support enforcement tracking system (SETS) case; (5) The amount that may be reduced from the permanently assigned arrears; and (6) Any other program description requested by OCS. (D) When the CSEA has an approved procedure that is in accordance with paragraph (A) of this rule: (1) The CSEA has the authority to deny any request to reduce permanently assigned arrears. (2) The CSEA director or administrator is authorized to approve, per SETS case, a reduction of permanently assigned arrears up to the lifetime maximum amount of four thousand nine hundred ninety-nine dollars and ninety-nine cents. (a) The calculation of the lifetime maximum amount includes the total of all agreements previously entered into on a case. (b) When a CSEA has a family support program approved by OCS, as described in paragraph (B)(4) of this rule, the CSEA is authorized to exceed the requirement of paragraph (D)(2) of this rule. (E) Any payments collected on a SETS case prior to a CSEA receiving a written request for a reduction of permanently assigned arrears from an obligor or obligor's representative shall not be considered to satisfy any of the terms or conditions of the agreement. (F) The CSEA shall consult with the agency's legal advisor regarding the reduction of any obligation owed to the CSEA. (G) When a SETS case has a current obligation, the permanently assigned arrears owed are not eligible for a waiver. (H) During the period when the obligee is receiving Ohio works first (OWF) benefits, the amount of permanently assigned IV-A arrears that may be reduced shall not exceed the amount of unreimbursed assistance (URA) on the SETS case. (I) The CSEA shall only issue one waiver agreement per SETS case. (J) There is no limit on the number of compromise agreements or family support program agreements a CSEA may issue per SETS case. (1) If any agreement exceeds the lifetime maximum amount as calculated pursuant to paragraph (D)(2) of this rule, the CSEA shall submit the request to OCS as described in paragraph (E)(3) of rule 5101:12-60-70.2 of the Administrative Code. (2) The CSEA and the obligor must satisfy the terms and conditions of the agreement before another agreement can be initiated. (K) The CSEA shall intervene in any known legal action for a reduction of permanently assigned arrears when the CSEA has not been made a party to the action and the action is pending or the appeal period has not lapsed. (L) When the CSEA receives a court order for a reduction of conditionally assigned arrears: (1) The CSEA shall comply with the order unless the CSEA has been notified that the obligor's federal income tax refund offset has been applied to all or part of the conditionally assigned arrears identified in the court order, in accordance with paragraph (D) of rule 5101:12-50-32.6 of the Administrative Code. (2) The CSEA shall immediately take action to preserve for the state the amount of conditionally assigned arrears that are satisfied by the federal income tax refund, when the CSEA has been notified that the obligor's federal income tax refund offset has been applied to the conditionally assigned arrears and the appeal period for the court order has not lapsed.
Last updated October 12, 2023 at 11:16 AM
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Rule 5101:12-60-70.2 | Process for a reduction of permanently assigned arrears.
Effective:
January 1, 2017
(A) A reduction of permanently assigned arrears is a negotiation between the child support enforcement agency (CSEA) and the obligor or obligor's representative. No obligor has a right, either explicit or implied, to require the CSEA or office of child support (OCS) to reduce permanently assigned arrears. (B) An agreement to reduce permanently assigned arrears shall not: (1) Alter an obligor's requirement to pay the full monthly support obligation amount owed on a support order; or (2) Operate to stay the collection of any current obligation, other arrears or balances. (C) An obligor or an obligor's representative shall initiate a negotiation for a reduction of permanently assigned arrears by submitting a written request to the CSEA. (1) The CSEA shall require the obligor or the obligor's representative to submit financial records or other relevant documents to demonstrate financial hardship or other hardship, and any other information requested by the CSEA. (2) When an obligor or obligor's representative fails to submit the required documentation, the CSEA shall deny the request. The obligor or obligor's representative has the right to submit a new request. (3) When an obligor or obligor's representative submits a request and the arrears are assigned to another state: (a) The CSEA shall forward the request to the other state; and (b) The CSEA shall not reduce the permanently assigned arrears to another state when the other state has not provided the CSEA with written authorization for the reduction of the permanently assigned arrears. (D) Upon receipt of the written request as described in paragraph (C) of this rule, the CSEA shall initiate action to negotiate a reduction of permanently assigned arrears. (E) When the CSEA has completed a negotiation for a reduction of permanently assigned arrears, within a reasonable time the CSEA shall: (1) Complete the JFS 07717, "Determination Regarding Negotiation for a Reduction of Permanently Assigned Arrears" (effective or revised effective date as identified in rule 5101:12-60-99 of the Administrative Code). (2) Approve or deny a request for a reduction of permanently assigned arrears as described in paragraph (D) of rule 5101:12-60-70.1 of the Administrative Code; or (3) Recommend approval, and submit to OCS, via electronic mail, scanned copies of the signed JFS 07717, and any documentation submitted by the obligor or the obligor's representative, when the requested amount, if approved, would exceed the lifetime maximum amount as described in paragraph (D)(2) of rule 5101:12-60-70.1 of the Administrative Code. (4) Issue a notice to the obligor when the request for a reduction of permanently assigned arrears is denied by the CSEA or OCS, and provide the reason for the denial. (F) OCS shall acknowledge receipt of the JFS 07717 in accordance with paragraph (E)(3) of this rule. If OCS does not issue a written response within ten business days of acknowledging receipt of the JFS 07717, the CSEA shall consider the pending request as approved. (G) OCS reserves the right to deny a request from a CSEA if OCS determines there is an undue delay of submission of the request. The CSEA may work with the obligor to resubmit a current request. "Undue delay" means a delay in submission of a negotiation contained in a JFS 07717 to OCS in which the information contained in the submission is stale, outdated, or that may have led to a change in position of any participant to the negotiation. (H) The CSEA shall maintain copies of all the documents described in this rule in the obligor's relevant case record as described in rule 5101:12-10-05 of the Administrative Code.
Last updated October 12, 2023 at 11:16 AM
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Rule 5101:12-60-70.3 | Agreed entry for a reduction of permanently assigned arrears.
Effective:
January 1, 2017
(A) An agreed entry for a reduction of permanently assigned arrears shall only pertain to one support enforcement tracking system (SETS) case. (B) When a child support enforcement agency (CSEA) or the office of child support (OCS) approves a request for a reduction of permanently assigned arrears, the CSEA shall prepare and issue to the obligor: (1) A JFS 07718, "Administrative Agreed Entry for a Reduction of Permanently Assigned Arrears" (effective or revised effective date as identified in rule 5101:12-60-99 of the Administrative Code) when the support order is an administrative child support order. (2) An agreed entry when the support order is a court order that includes: (a) The effective date of the agreement; (b) The terms and conditions of the agreement: (i) For a waiver, the amount the CSEA shall reduce from permanently assigned arrears. (ii) For a lump sum compromise: (a) The amount the CSEA shall reduce from permanently assigned arrears in exchange for a lump sum payment of a specified amount paid by the obligor; and (b) The date by which the obligor shall make the payment. (iii) For an installment plan compromise: (a) The amount the CSEA shall reduce from permanently assigned arrears for every dollar the obligor pays; and (b) The frequency (daily, monthly, quarterly, etc.) the CSEA will review the obligor's payment history to determine compliance with the agreement. (iv) For a family support program: (a) The name of the program; and (b) The amount the CSEA shall reduce from permanently assigned arrears in exchange for the obligor's successful completion of the program; and (v) The amount the CSEA shall reduce from any balance owed to the CSEA. (c) The following statements: (i) The rights of the obligee shall not be prejudiced by the agreement to reduce the permanently assigned arrears; and (ii) When the agreed entry is a waiver or family support program, and a balance remains on the SETS case, the obligor is still responsible for paying in full the remaining support obligation amount owed, and is still subject to all of the collection and enforcement techniques; or (iii) When the agreed entry is an installment plan compromise, lump sum compromise or family support program, the obligor is still responsible for paying in full the remaining support obligation amount owed on the SETS case, including the current obligation amount, and is still subject to all of the collection and enforcement techniques; and (iv) When the agreed entry is final, neither the obligor nor the CSEA may re-open matters covered by the agreed entry, by court action or otherwise, unless: (a) The obligor fails to comply with the terms and conditions set forth in the agreed entry; or (b) The obligor is believed to have acted with intent to defraud the CSEA by furnishing false information or concealing assets or financial history; or (c) There is a mutual mistake of a material fact sufficient to cause the agreed entry to be reformed or set aside. (C) When the terms and conditions of the court agreed entry or JFS 07718 have been satisfied, the CSEA shall: (1) Reduce the permanently assigned arrears by the amount identified in the agreed entry; and (2) Reduce the unreimbursed assistance (URA) by an amount equal to the amount of permanently assigned arrears that are reduced. (D) The CSEA shall consider whether it is appropriate to initiate an action to reinstate the permanently assigned arrears when: (1) The obligor fails to comply with the terms and conditions set forth in the agreed entry; or (2) The obligor is believed to have acted with intent to defraud the CSEA by furnishing false information or concealing assets or financial history; or (3) There is a mutual mistake of material fact sufficient to cause the agreed entry to be reformed or set aside. (E) The CSEA shall provide any of the following upon request by OCS: (1) A copy of the documents described in paragraph (C)(1) of rule 5101:12-60-70.2 of the Administrative Code; and (2) A copy of the signed JFS 07718 or journalized agreed entry; and (3) Any other documentation, as determined by OCS, of agreements to reduce permanently assigned arrears for support orders administered by the CSEA.
Last updated October 12, 2023 at 11:16 AM
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Rule 5101:12-60-70.4 | Reporting requirements for a reduction of permanently assigned arrears.
Effective:
January 1, 2017
(A) The child support enforcement agency (CSEA) shall utilize the reporting database provided by the office of child support (OCS) to track and maintain a cumulative record of all requests and agreements for a reduction of permanently assigned arrears, regardless of whether the request is approved or denied. (1) Upon approval of a procedure as described in paragraph (B) of rule 5101:12-60-70.1 of the Administrative Code, OCS shall provide the reporting database to a CSEA; or (2) If a CSEA has a previously approved procedure, OCS shall provide the database to the CSEA upon the effective date of this rule. (B) The CSEA shall merge all prior existing records into the OCS provided database. All other CSEA reporting formats shall be obsolete as of the effective date of this rule. (C) The CSEA shall submit the OCS provided database, to OCS quarterly, no later than January thirty first, April thirtieth, July thirty first and October thirty first. (1) The CSEA shall submit the OCS provided database every quarter, even if there are no changes from the previous quarter. (2) If a CSEA fails to submit the OCS provided database and supply the required data, OCS may revoke a CSEA's approved procedure. (D) OCS reserves the right to make changes or updates to the reporting database. OCS will provide the revised version of the reporting database to the CSEA's once it's completed.
Last updated October 12, 2023 at 11:16 AM
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Rule 5101:12-60-70.5 | County initiation of a reduction of permanently assigned arrears.
Effective:
February 1, 2018
(A) This rule describes the process a
child support enforcement agency (CSEA) may use to initiate a reduction of
permanently assigned arrears. (B) The CSEA may initiate a reduction of permanently
assigned arrears on an arrears only support enforcement tracking system (SETS)
case when all of the following conditions exist: (1) All of the arrears
are permanently assigned to the state, as defined in rule 5101:12-60-70 of the
Administrative Code; (2) There has been no
collection received on the SETS case during the past two years;
and (3) There is
documentation in the case record that: (a) All manual and automated location efforts have been
unsuccessful for the past two years; or (b) All enforcement efforts have been unsuccessful for the
past two years. (C) Upon approval of the CSEA, or OCS (when applicable) the
CSEA shall: (1) Prepare and file the
JFS 04057, "Notice to Court or Administrative Case Record of a Reduction
of Permanently Assigned Arrears" (effective or revised effective date as
identified in rule 5101:12-60-99 of the Administrative Code) with the court
when the order is a judicial order, or in the administrative record when the
order is an administrative order; and (2) Issue the JFS 04057
by ordinary, first class mail to the obligor's last known
address. (D) The CSEA shall comply with all other
provisions in rules 5101:12-60-70 to 5101:12-60-70.4 of the Administrative
Code.
Last updated October 12, 2023 at 11:16 AM
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Rule 5101:12-60-99 | Chapter 5101:12-60 forms - order administration.
The forms identified in this rule are referenced
within various rules contained within division 5101:12 of the Administrative
Code. The effective or revised effective dates of the forms are as
follows: (A) JFS 00592, "Caretaker
Notification of Administrative Adjustment Review" (rev.
10/2019); (B) JFS 01849, "Request for an
Administrative Review of the Child Support Order"(rev.
10/2019); (C) JFS 01856, "Denial of Request to
Reschedule Administrative Review and Adjustment Hearing" (rev.
7/2005); (D) JFS 01866, "Administrative
Review Pending Notice" (rev. 2/2019); (E) JFS 01867, "Right to Request an
Administrative Review of the Support Order" (rev. 10/2019); (F) JFS 01868, "Dismissal of
Administrative Review Request" (rev. 2/2019); (G) JFS 04057, "Notice to Court or
Administrative Case Record of a Reduction of Permanently Assigned Arrears"
(4/2022); (H) JFS 07049, "Notice of Right to
Request Administrative Review of Child and Medical Support Order" (rev.
10/2019); (I) JFS 07521, "Results of Support
Order Termination Investigation" (rev. 2/2019); (J) JFS 07522, "Findings and
Recommendations to Terminate the Administrative Child Support Order"(rev.
3/2019); (K) JFS 07523, "Administrative Order
to Impound Support" (rev. 2/2019); (L) JFS 07524, "Denial of
Administrative Termination Hearing Request" (rev. 2/2019); (M) JFS 07525, "Notice of
Administrative Termination Hearing" (rev. 2/2019); (N) JFS 07526, "Administrative
Termination Hearing Decision" (rev. 2/2019); (O) JFS 07527, "Administrative Order
to Terminate the Administrative Child Support Order" (rev.
2/2019); (P) JFS 07602, "Administrative
Adjustment Hearing Notice" (4/1996); (Q) JFS 07606, "Administrative
Adjustment Review Notification" (rev. 10/2019); (R) JFS 07613, "Administrative
Adjustment Review Denial Notice" (rev. 10/2007); (S) JFS 07633, "Rescheduling
Administrative Adjustment Hearing Notice" (rev. 4/1996); (T) JFS 07717, "Determination
Regarding Negotiation for a Reduction of Permanently Assigned Arrears"
(rev. 1/2017); (U) JFS 07718, "Administrative
Agreed Entry for a Reduction of Permanently Assigned Arrears" (rev.
4/2022); (V) JFS 07728, "Denial of Request
for an Administrative Adjustment Hearing " (rev. 2/2019); and (W) JFS 07770, "Administrative
Adjustment Hearing Decision" (rev. 2/2019).
Last updated April 1, 2022 at 8:27 AM
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