Rule 5101:12-60-60.1 | Findings and recommendations to redirect the child support order.
(A) Administrative redirection investigation.
(1) The child support enforcement agency (CSEA) will complete an administrative redirection investigation and issue findings and recommendations regarding whether the child support order should be redirected, within twenty days of determining pursuant to rule 5101:12-60-60 of the Administrative Code that a reason exists to redirect support to a caretaker.
(2) During the administrative redirection investigation, the CSEA will determine all of the following:
(a) The amount of each parent's obligation under the existing child support order that may be subject to redirection;
(b) Whether any prior redirection has been terminated or redirected under sections 3119.9531 to 3119.9535 of the Revised Code;
(c) Whether any arrears are owed, and the recommended payment amount to satisfy such arrears as a pro rata share for each person to whom arrears are owed; and
(d) When more than one child is subject to the existing child support order, whether the child support order for all or some of the children will be subject to redirection.
(3) When the CSEA determines that support for fewer than all of the children should be redirected, the CSEA will determine the pro rata share of the child support amounts to be redirected, as follows:
(a) First, divide the child support and the cash medical support amounts due monthly under the order by the number of children who are the subject of the order;
(b) Then, subtract the amounts due for the child(ren) for whom the order should be redirected from the child support and cash medical support amounts due monthly.
(B) Findings and recommendations for an administrative child support order.
(1) When the redirection investigation results indicate that a reason exists to redirect support, the CSEA will:
(a) Prepare the JFS 07801, "Findings and Recommendations to Redirect the Administrative Child Support Order" (effective or revised effective date as identified in rule 5101:12-60-99 of the Administrative Code);
(b) File the JFS 07801 with the administrative child support record; and
(c) Issue copies of the JFS 07801 to all parties at their last known addresses.
(2) Fourteen days after the JFS 07801 is issued, if no party objects to the JFS 07801 by bringing an action under section 2151.231 of the Revised Code, the CSEA will issue the JFS 07802 "Administrative Order to Redirect the Administrative Child Support Order" (effective or revised effective date as identified in rule 5101:12-60-99 of the Administrative Code) to all parties at their last known addresses.
(C) Findings and recommendations for a court child support order.
(1) When the administrative redirection investigation results indicate that a reason exists to redirect support, the CSEA will compile findings and recommendations and issue or request the clerk of courts to issue copies of the findings and recommendations to all parties at their last known addresses.
(2) The CSEA will include in the findings and recommendations the following:
(a) The amount of each parent's obligation under the existing child support order that may be subject to redirection;
(b) Whether any prior redirection has been terminated under sections 3119.9531 to 3119.9535 of the Revised Code;
(c) Whether any arrears are owed, and the recommended payment amount to satisfy such arrears;
(d) When more than one child is subject to the existing child support order, whether the child support order for all or some of the children will be subject to redirection; and
(e) Notice of the following:
(i) That the agency has made a recommendation for a redirection order under section 3119.9513 of the Revised Code to the court that has jurisdiction over the child support order;
(ii) That any party has the right to object to the redirection by requesting a hearing with the court that has jurisdiction over the child support order not later than fourteen days after the recommendation is issued;
(iii) That the recommendation will be submitted to the court for inclusion in a redirection order, unless a request for a court hearing is made not later than fourteen days after the recommendation is issued; and
(iv) The effective date of the redirection order as determined under section 3119.9519 of the Revised Code.
(D) Impounding support.
(1) As part of the redirection investigation, the CSEA will immediately impound within the support enforcement tracking system, support paid pursuant to the child support order; and
(2) When a JFS 07800, "Results of Investigation to Redirect the Child Support Order" (effective or revised effective date as identified in rule 5101:12-60-99 of the Administrative Code) or JFS 07802 is issued by the CSEA or when a CSEA receives a redirection order from the court, the CSEA will release any impounded funds to the appropriate person(s).
Last updated April 3, 2024 at 8:36 AM
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