Ohio Adm.Code 5101:12 | Ohio Administrative Code 5101:12 — Department of Job and Family Services | Child Support

Chapter 5101:12-1 Support enforcement

Ohio Adm.Code 5101:12-1-01 The support enforcement program.

(A) The office of child support (OCS) within the Ohio department of job and family services (ODJFS) has been established in accordance with section 3125.02 of the Revised Code.

(1) In accordance with section 3125.03 of the Revised Code, OCS is responsible for the establishment and administration of a support enforcement program that meets the requirements of Title IV-D of the Social Security Act, Pub. L. No. 93-647, 88 Stat. 2351 (1975), 42 U.S.C. 651 (8/22/1996), and any rules adopted under Title IV-D. The program of child support enforcement shall include:

(a) Location of custodial or non-custodial parents or alleged fathers;

(b) Establishment of parentage;

(d) Enforcement of support orders;

(e) Collection of support obligations; and

(f) Any other actions appropriate to child support enforcement.

(2) In accordance with section 3125.05 of the Revised Code, OCS is responsible for the establishment of a program of spousal support enforcement in conjunction with the program of child support enforcement. The program is required to conform, to the extent practicable, to the program for child support enforcement established pursuant to section 3125.03 of the Revised Code.

(B) Pursuant to section 3125.10 of the Revised Code each county shall have a child support enforcement agency (CSEA).

(C) In accordance with section 3125.11 of the Revised Code, the CSEA shall operate a support enforcement program. The CSEA shall perform all administrative duties related to any case for which it has administrative responsibility to provide support enforcement program services pursuant to rule 5101:12-10-03 or 5101:12-10-04 of the Administrative Code.

(D) In accordance with section 3125.13 of the Revised Code, the CSEA may contract with public agencies and private vendors for assistance in establishing paternity or support obligations or for the performance of other administrative duties of the CSEA.

(E) In accordance with section 3125.24 of the Revised Code, the CSEA shall be operated under the supervision of OCS in accordance with the program of child support enforcement established pursuant to section 3125.03 of the Revised Code. OCS shall ensure that all child support enforcement agencies comply with all applicable state and federal support regulations, including the affirmative duties of Title IV-D of the Social Security Act.

(F) ODJFS/OCS may take action in accordance with section 5101.24 of the Revised Code when a CSEA fails to comply with the requirements of all applicable state and federal laws governing the support enforcement program, including the affirmative duties of Title IV-D of the Social Security Act.

(G) In accordance with section 3125.10 of the Revised Code, the CSEA may be organized as a government entity designated under former section 2301.35 of the Revised Code prior to October 1, 1997, or as a private or government entity designated under section 307.981 of the Revised Code on or after that date.

(H) In accordance with section 3125.12 of the Revised Code, the CSEA is required to enter into a plan of cooperation with the board of county commissioners under section 307.983 of the Revised Code and to comply with each grant agreement the board enters into under section 307.98 and contracts the board enters into under sections 307.981 and 307.982 of the Revised Code that affect the agency. As used within agency 5101 of the Administrative Code, "board of county commissioners" includes alternative forms of government authorized by Chapter 302. of the Revised Code.

(I) The CSEA's services and activities are subject to the administrative hearing procedures of division 5101:6 of the Administrative Code.

(J) Each CSEA shall:

(1) Develop and maintain a handbook of internal procedures. The CSEA shall revise the handbook whenever a program change requires modification of local procedures. The CSEA shall submit such revisions to the handbook to OCS within thirty days of the revision. The CSEA shall ensure that the handbook contains sufficient detail to be useful in orienting new staff and serves as an up-to date reference for all staff. At a minimum, the handbook must describe the local procedures in place to ensure that the program is in compliance with the Administrative Code, Revised Code, Code of Federal Regulations, and United States Code. Copies of all local forms used and instructions for completing the forms must be included. Upon request, the handbook must be available to OCS staff for program review.

(2) Develop and maintain an up-to-date agency table of organization. The table of organization must be submitted to OCS staff for review every year by the thirty-first day of December or within thirty days of any significant change to the CSEA's structure.

Last updated October 12, 2023 at 10:49 AM

History

Effective: February 11, 2019
Promulgated Under: 119.03

Ohio Adm.Code 5101:12-1-10 Definitions.

(A) The following definitions apply to the rules contained in division 5101:12 of the Administrative Code:

(1) "Case" means a matter involving an individual who is or may become obligated by a support order and the beneficiary of that support order.

(a) "IV-D case" means a case with a parent or alleged parent who is now or eventually may be obligated under a support order for the support of a child or children receiving IV-D services, based on a IV-D application or referral that has been approved by a child support enforcement agency (CSEA).

(i) When both parents are obligated under a support order or eventually may become obligated under a support order for support of a child or children in the care or custody of a person other than a parent who is receiving IV-D services, each parent is considered a separate IV-D case; and

(ii) A IV-D case may consist of multiple case numbers within the support enforcement tracking system (SETS); and

(iii) A IV-D case may include a case with provisions for both child support and spousal support in the same support order.

(b) "Non-IV-D case" means a case that has not been approved for IV-D services or a case for which IV-D services have been terminated.

(2) "Issued," when used in reference to notices, decisions, and other documents, means the date listed on the document unless it is otherwise indicated in the case record that the document was sent by U.S. mail or hand-delivered on a date later than the date stated on the document.

(3) "IV-D application" means the JFS 07076 "Application for Child Support Services Non-Public Assistance Applicant/Recipient" (effective or revised effective date as identified in rule 5101:12-10-99 of the Administrative Code).

(4) "IV-D referral" means a request for services from:

(a) A county department of job and family services (CDJFS) as a result of an application for medicaid benefits when there is an existing support order for the child or as a result of an application for Ohio works first (OWF);

(b) A Title IV-E agency that resulted from a determination of eligibility for foster care maintenance (FCM) benefits; or

(c) The Ohio interstate central registry as a result of the receipt of a Uniform Interstate Family Support Act interstate petition in accordance with 42 U.S.C. 666(f) (12/14/1999) for a IV-D case.

(5) "IV-D services" means services provided to a IV-D case under title IV-D of the "Social Security Act," 88 Stat. 2351 (1975), 42 U.S.C. 651 (8/22/1996). IV-D services include:

(a) Case intake of a IV-D application or referral;

(b) Location of persons for purposes of providing IV-D services;

(d) Establishment of child support and medical support orders;

(e) Enforcement of child support and medical support orders, including:

(i) Federal income tax refund offset and passport denial submittal for the collection of support arrears;

(ii) Withholding of unemployment compensation for the payment of support; and

(iii) Requests to the internal revenue service for the disclosure of taxpayer information for use in establishing and collecting support obligations.

(f) Modification or termination of child support and medical support orders;

(g) Collection and disbursement of support payments; and

(h) Any other actions appropriate to child support enforcement.

(6) "Non-IV-D Services" means:

(a) Any services provided to a non-IV-D case; or

(b) Services provided to a IV-D case that are not eligible for federal financial participation (FFP).

(7) "Recipient of IV-D services" means:

(a) The person who signed an approved IV-D application with a CSEA; or

(b) The person for whom the CSEA received and approved a IV-D referral.

(8) "Support enforcement program services" means IV-D and non-IV-D services authorized by law to be provided by a CSEA.

(9) "Support order" means:

(a) Pursuant to 42 U.S.C. 653(p) (9/29/2014), and as used in Title IV-D of the Social Security Act, a judgment, decree, or order, whether temporary, final, or subject to modification, issued by a court or an administrative agency of competent jurisdiction, for the support and maintenance of a child, including a child who has attained the age of majority under the law of the issuing state, or of the parent with whom the child is living, that provides for monetary support, health care, arrearages, or reimbursement, and that may include related costs and fees, interest and penalties, income withholding, attorneys' fees, and other relief; and

(b) In accordance with division (B)(5) of section 3119.01 of the Revised Code and as used in Chapters 3119., 3121., 3123., and 3125. of the Revised Code, either an administrative child support order or a court support order.

(i) "Administrative child support order" has the same meaning as in section 3119.01 of the Revised Code.

(ii) "Court support order" has the same meaning as in section 3119.01 of the Revised Code.

(B) The time within which an act is required by law to be done shall be computed by excluding the first and including the last day; except that, when the last day falls on Sunday or a legal holiday, the act may be done on the next succeeding day that is not Sunday or a legal holiday. When a public office in which an act, required by law, is to be performed is closed to the public for the entire day that constitutes the last day for doing the act or before its usual closing time on that day, the act may be performed on the next succeeding day that is not a Sunday or a legal holiday as defined in section 1.14 of the Revised Code.

Last updated June 16, 2023 at 9:03 AM

History

Effective: June 15, 2023
Promulgated Under: 119.03

Ohio Adm.Code 5101:12-1-10.1 Support enforcement program services.

(A) This rule describes the services that a child support enforcement agency (CSEA) is required to provide to IV-D cases and non-IV-D cases for which the CSEA has administrative responsibility in accordance with rule 5101:12-10-03 or 5101:12-10-04 of the Administrative Code.

(B) The CSEA shall provide all appropriate IV-D services to IV-D cases.

(1) Case intake;

(2) Location of an obligee to disburse a collection;

(3) Enforcement of support orders ; and

(4) Collection and disbursement of support obligations.

(D) Due to restrictions in federal law, the following IV-D services will only be provided to IV-D cases:

(1) Federal income tax refund offset and passport denial submittal for the collection of support arrears;

(2) Withholding of unemployment compensation for the payment of support; and

(3) Requests to the internal revenue service for the disclosure of taxpayer information for use in establishing and collecting support obligations.

(E) In providing support enforcement services, 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.

Last updated June 16, 2023 at 9:04 AM

History

Effective: June 15, 2023
Promulgated Under: 119.03

Ohio Adm.Code 5101:12-1-15 Support enforcement tracking system.

(A) In accordance with 42 U.S.C. 654a, as in effect January 5, 2009, and section 3125.07 of the Revised Code, the Ohio department of job and family services (ODJFS) has established and shall maintain a single statewide automated data processing and information retrieval system known as the support enforcement tracking system (SETS).

(1) This rule describes the general requirement for the child support enforcement agency (CSEA) to interact with SETS and the responsibilities of a user of SETS. The process for an individual or entity to gain access to SETS and authorized use or disclosure of the information contained in SETS is described in rules 5101:12-1-20 to 5101:12-1-20.2 and 5101:12-1-22 of the Administrative Code.

(2) For the purposes of this rule use of the term "access to SETS" incorporates any SETS user profile level that grants access to data contained in any SETS database, including those profiles that only have access to the general data screens (GDS).

(B) ODJFS may deny access to SETS when an individual has been found to have unauthorized access to, or improperly used or disclosed the information contained in SETS.

(C) The office of child support (OCS) will perform the following functions with regard to access to the information contained in SETS:

(1) Review requests for access to the information contained in SETS;

(2) Determine whether requests for access will be granted; and

(3) Monitor the access to and use of the information contained in SETS to prevent and promptly identify unauthorized access to or improper use of the information contained in SETS.

(D) The CSEA shall interact with the functions of SETS according to applicable rules of the Administrative Code, Ohio law, federal law and regulations, and any written instructions provided by ODJFS. Interaction shall include, but not be limited to, the CSEA providing information or performing an activity that enables a particular SETS function to operate at its full capacity. When the CSEA is directed to perform an act under a mandate contained in an Administrative Code rule, Ohio law, federal law or regulation, or other written instructions provided by ODJFS, the act shall be considered executed when the CSEA has performed the required actions within SETS.

(E) In accordance with sections 3125.38 and 3125.39 of the Revised Code, SETS shall provide the data necessary for the performance measurements outlined in rules 5101:12-1-54 to 5101:12-1-54.2 of the Administrative Code.

(F) An individual or entity may make a request to ODJFS for SETS access. When requesting SETS access, persons will comply with requirements in rule 5101:9-9-26 of the Administrative Code and the following forms shall be completed and returned to ODJFS by the following individuals:

(1) The JFS 07078, "Code of Responsibility" (effective or revised effective date as identified in rule 5101:12-1-99 of the Administrative Code) shall be completed by the employee of a CSEA, ODJFS, county department of job and family services (CDJFS), public children services agency (PCSA), county agency, contractor, or a sub-contractor requesting access to SETS.

(2) The JFS 07014, "Tax Information Safeguarding Authorization Agreement" (effective or revised effective date as identified in rule 5101:12-1-99 of the Administrative Code) shall be completed by the employee of a CSEA or ODJFS, contractor, or a sub-contractor, when the employee, contractor, or sub-contractor has access to federal tax information (FTI), as defined in rule 5101:12-1-22 of the Administrative Code and its supplemental rules.

The JFS 07014 must be received by OCS no later than the last day of January after an individual's initial employment or re-employment. On an annual basis thereafter, the employee of a CSEA, ODJFS, contractor, or sub-contractor shall complete and submit to OCS a new JFS 07014 no later than the last day of March.

(3) Each CSEA shall submit a JFS 07072, "Safeguarding of Internal Revenue Service (IRS), Ohio Department Of Taxation (ODT), Federal Parent Locator Service (FPLS), and Unemployment Compensation (UC) Information" (effective or revised effective date as identified in rule 5101:12-1-99 of the Administrative Code) to the deputy director of OCS within ODJFS no later than the last day of March each year. The JFS 07072 must be signed and dated by the director or administrator of the CSEA.

(G) Any individual without access to SETS but with access to FTI, must complete FTI safeguarding awareness training and a JFS 07014 in accordance with rule 5101:12-1-22 of the Administrative Code.

(H) Responsibilities of an individual or entity with access to SETS.

(1) The individual or entity shall adhere to the guidelines for electronic data security and use described in rules 5101:9-9-37 and 5101:9-9-38 of the Administrative Code.

(2) The individual or entity shall use SETS in accordance with the purposes described in rule 5101:12-1-20.1 of the Administrative Code, including:

(a) To perform the functions necessary to carry out the child support program, as described in rule 5101:12-1-01 of the Administrative Code; and

(b) To obtain information to respond to a request for information about a person from an individual or entity.

(3) The individual or entity shall disclose the information contained in SETS in accordance with rules 5101:12-1-20 to 5101:12-1-20.2 and 5101:12-1-22 of the Administrative Code.

(4) The CSEA shall document in its internal procedural handbook the procedures for ensuring confidentiality of the information contained in SETS, including but not limited to, access and use of SETS, disclosure of the information contained in SETS, and the procedures for addressing unauthorized access to or improper use or disclosure of the information contained in SETS.

(5) All personnel, IV-D contractors, and sub-contractors with access to SETS shall be trained in confidentiality, safeguarding guidelines, security procedures, and the penalties for unauthorized access to or improper use or disclosure of the information contained in SETS.

Last updated January 2, 2024 at 9:28 AM

History

Effective: January 1, 2024
Promulgated Under: 119.03

Ohio Adm.Code 5101:12-1-17 Ohio child support guideline.

(A) In accordance with sections 3119.021 and 3119.022 of the Revised Code, this rule promulgates the basic child support schedule and worksheets required to be used by all courts and child support enforcement agencies (CSEA) when calculating child support and cash medical support obligations, as follows:

(1) The basic child support schedule, JFS 07767, "Ohio Basic Child Support Guideline Schedule" (effective or revised effective date as identified in rule 5101:12-1-99 of the Administrative Code), shall be used by all courts and CSEAs when calculating the amount of child support to be paid pursuant to a support order, unless the combined annual income of the parents is less than the minimum or more than the maximum guideline income listed on the JFS 07767.

(2) When a court or CSEA calculates a new or modified child support order, the court or CSEA shall use:

(a) The JFS 07768, "Sole/Shared Child Support Computation Worksheet" (effective or revised effective date as identified in rule 5101:12-1-99 of the Administrative Code); or

(b) The JFS 07769, "Split Parenting Child Support Computation Worksheet" (effective or revised effective date as identified in rule 5101:12-1-99 of the Administrative Code) when calculating support where there is more than one child who is the subject of an allocation of parental rights and responsibilities and each parent is the residential parent and legal custodian of at least one of those children.

(B) In accordance with section 3119.022 of the Revised Code, this rule promulgates the JFS 07766, "Child Support Guideline Manual" (effective or revised effective date as identified in rule 5101:12-1-99 of the Administrative Code) for the purpose of providing guidance and assistance to any person calculating a support obligation.

(1) The maximum state-wide average child care cost estimate required under section 3119.05 of the Revised Code to be issued by the department of children and youth is contained within table four of the JFS 07766, and

(2) The amount of the cash medical support obligation required under division (B) of section 3119.302 of the Revised Code to be issued bythe department of job and family services is contained within table three of the JFS 07766.

(1) Use table two of the JFS 07766 to identify the maximum state-wide average child care cost estimates;

(2) Use table three of the JFS 07766 when calculating the cash medical support obligation;

(3) Exclude any reimbursed or subsidized child care cost, including any state or federal tax credit, whether or not claimed; a court or CSEA completing the worksheet shall exclude any federal dependent care tax credit allowed under section 21 of the Internal Revenue Code 26 U.S.C. 21 (revised 12/29/2007), and it is rebuttably presumed that any state tax credit allowed under section 5747.054 of the Revised Code shall also be excluded. A court may exclude any other relevant state tax credit if evidence of the availability of such credit is established by the parent;

(4) Calculate all amounts to the third decimal place and then round to the second decimal place as follows:

(a) When the number in the third decimal place is less than or equal to the number four, then the number in the third decimal place shall be dropped and the number in the second decimal place shall remain the same; and

(b) When the number in the third decimal place is greater than or equal to the number five, then the number in the third decimal place shall be dropped and the number in the second decimal place shall be rounded up to the next number.

Last updated April 1, 2026 at 8:21 AM

History

Effective: April 1, 2026
Promulgated Under: 119.03

Ohio Adm.Code 5101:12-1-20 Confidentiality of information.

(A) This rule and its supplemental rules describe the requirements for authorized access to, use, disclosure, and safeguarding of information contained in a person's case record.

(B) A reference guide for this rule and its supplemental rules are contained in the JFS 01709, "Confidentiality of Information Reference Guide" (effective or revised effective date as identified in rule 5101:12-1-99 of the Administrative Code.)

(1) "Agent of a court" means a person authorized to act for and under the direction of a court with the authority to issue an order for the support and maintenance of child, or to serve as the initiating court in an action to seek a child support order.

(2) "Alleged father" means a man who is believed to be or believes himself to be the natural father (also known as putative father).

(3) "Attorney of a child" means a licensed lawyer who has entered into an attorney-client relationship with either the child or the child's resident parent to provide legal representation to the child or resident parent related to the establishment of paternity, or the establishment, modification, or enforcement of child support. An attorney-client relationship imposes an ethical and fiduciary duty upon the attorney to represent the client's best interests under applicable rules of professional responsibility.

(4) "Case record" has the same meaning as in rule 5101:12-10-05 of the Administrative Code.

(5) "Case participant" means any person who is identified by a participant number in the support enforcement tracking system (SETS).

(6) "Confidential information" means any personal information, as defined in this rule, relating to a specified person or a person who can be identified by reference to one or more factors specific to him or her, including but not limited to the person's social security number, residential and mailing addresses, employment information, and financial information.

(7) "Custodial parent" means a parent of a minor child who lives in the same household as the child.

(8) "Federal parent locator service (federal PLS)" means the parent locator service established and operated by the federal office of child support enforcement.

(9) "Independent verification" or "independently verified" means the process of acquiring and confirming confidential information through the use of a second source.

(10) "IV-D case" has the same meaning as in rule 5101:12-1-10 of the Administrative Code.

(11) "Non-custodial parent (NCP)" means a parent of a minor child who does not live in the same household as the child.

(12) "Non-IV-D case" has the same meaning as in rule 5101:12-1-10 of the Administrative Code

(13) "Person" means an applicant or recipient of IV-D services or an individual or entity who is a case participant in a IV-D or non-IV-D case.

(14) "Personal information" means any information that describes anything about a person, or indicates action done by or to a person, or indicates that a person possesses certain personal characteristics, and that contains, and can be retrieved from a system by a name, identifying number, symbol, or other identifier assigned to a person.

(15) "Representative of a child" means a custodial parent, legal guardian, attorney of a child, guardian ad litem, or a caretaker relative having custody of, or responsibility for the child.

(16) "Requestor" means any individual or entity who has requested information.

(17) "State parent locator service (state PLS)" means the parent locator service established and operated by the office of child support (OCS) within the Ohio department of job and family services (ODJFS).

(18) "Support enforcement program services" has the same meaning as in rule 5101:12-1-10 of the Administrative Code.

(D) Use of the term "information" throughout this rule and its supplemental rules refers to confidential and personal information as defined in this rule, unless indicated otherwise.

(E) A request for information from a case participant may be made in person with proper identification. The child support enforcement agency (CSEA) at its discretion may require that the case participant complete the JFS 04001 "Request for Case Information" (effective or revised effective date as identified in rule 5101:12-1-99 of the Administrative Code) to affirm that the information being released is utilized for a valid purpose in accordance with this rule and its supplemental rules.

(F) A request for information from an individual or entity other than the case participant shall be made in writing via the JFS 04001.

(G) The following individuals or entities have the responsibility to maintain the confidentiality of and to safeguard all information contained in a person's case record, whether the information is contained on paper, film, computer, or any other electronic medium:

(1) Any individual with authorized access to the information contained in SETS or any other information contained in a person's case record, including a requestor who has been provided information in accordance with this chapter;

(2) A court or agent of a court who has the authority to issue an order against an NCP for the support and maintenance of child, or to serve as the initiating court in an action to seek a child support order; or

(3) An agent or attorney of the United States.

(H) No individual or entity described in paragraph (G) of this rule shall disclose any information concerning a person except for an authorized purpose in accordance with this rule and its supplemental rules.

(I) Information requests related to parental kidnapping, child custody, or visitation purposes shall be handled in accordance with rule 5101:12-20-10 of the Administrative Code.

(J) In accordance with section 3125.99 of the Revised Code, anyone who discloses information to any person or for any purpose not specifically permitted by this rule or its supplemental rules is subject to a fine of up to five hundred dollars or a prison term of up to six months or both.

(K) A CSEA, OCS, or contractor may disclose information about a person subject to the provisions and limitations described in this rule and its supplemental rules in the following manner:

(1) Disclosure of information that the CSEA, OCS, or contractor obtains from the state or federal parent locator service (PLS).

The CSEA, OCS, or contractor may use and disclose the following information about a non-custodial parent, alleged father, custodial parent, or child when the CSEA, OCS, or contractor obtains the information from the state or federal PLS in order to perform the functions necessary to carry out the child support program:

(a) Name;

(b) Social security number;

(d) Employer's name;

(e) Employer's address;

(f) Employer identification number;

(g) Wages;

(h) Income;

(i) Employment-related benefits, including health care coverage; and

(j) Type, status, location, and amount of assets or debts owed by or to the person.

(2) The CSEA, OCS, or contractor may disclose any information obtained from a source other than the state or federal PLS in order to perform the functions necessary to carry out the child support program.

Last updated January 2, 2024 at 9:28 AM

History

Effective: January 1, 2024
Promulgated Under: 119.03

Ohio Adm.Code 5101:12-1-20.1 Requests for information contained in a person's case record.

(A) A child support enforcement agency (CSEA), the office of child support (OCS), or contractor shall only disclose information contained in a person's case record upon the request of an individual or entity when:

(1) The disclosure is in accordance with the provisions of this rule, or

(2) The disclosure is in accordance with written permission from the person. "Written permission" means a document signed by a person or a person's legal guardian that permits an individual or entity to disclose information contained in that person's case record. Written permission shall include:

(a) The person's full name;

(b) The name and title, if any, of the individual or entity to whom the person or the person's legal guardian is permitting disclosure of information;

(d) The duration of time that the person or person's legal guardian is permitting the disclosure of information; and

(e) The person's or legal guardian's signature and the date on which the written permission is signed.

(B) The CSEA, OCS, or a contractor shall disclose information that the CSEA, OCS, or contractor obtains from the state or federal parent locator service (PLS) upon the requests described in this paragraph.

(1) Request for location from a representative of a child when the child is not receiving Ohio works first (OWF) benefits.

(a) The CSEA, OCS, or contractor shall disclose information about a non-custodial parent or alleged father when the request is for the purposes of locating:

(i) An individual against whom a child support order is sought;

(ii) An individual who has or may have parental rights with respect to a child;

(iii) An obligee of a child support order; or

(iv) A parent or child involved in a non-IV-D child support case.

(b) The following is the information that the CSEA, OCS, or contractor may disclose about the non-custodial parent or alleged father to the representative of the child:

(i) Name;

(ii) Social security number;

(iii) Address;

(iv) Employer's name;

(v) Employer's address;

(vi) Employer identification number;

(vii) Wages;

(viii) Income;

(ix) Employment-related benefits, including health care coverage; and

(x) Type, status, location, and amount of assets or debts owed by or to the person.

(i) Information shall not be disclosed unless the representative of a child:

(a) Attests that the request is being made to obtain information on, or to facilitate the discovery of, any individual for the purpose of establishing parentage, or establishing, modifying, or enforcing a child support order;

(b) Attests that any information obtained through the state or federal PLS shall be used solely for the purposes described in paragraph (B)(1)(a) of this rule, and shall be otherwise treated as confidential; and

(c) Pays the fee required for federal PLS services, in accordance with 45 C.F.R. 303.70(f)(2)(i), as in effect December 30, 2010, if the state does not pay the fee itself.

(ii) Information regarding multistate financial institution data match (MSFIDM) or state financial institution data match (SFIDM) shall not be disclosed.

(iii) Information regarding federal tax information (FTI), as defined in rules 5101:12-1-22 and 5101:12-1-22.1 of the Administrative Code shall not be disclosed.

(iv) Information shall not be disclosed when the CSEA, OCS, or contractor has reasonable evidence of domestic violence or child abuse and the CSEA, OCS or contractor has determined that the disclosure of such information could be harmful to the custodial parent or child.

(v) Information shall not be disclosed when the disclosure of such information would contravene the national policy or security interests of the United States or the confidentiality of census data.

(2) Request for location from a court or agent of a court that is seeking to issue an order, or to serve as the initiating court in an action to seek an order, for the support and maintenance of a child.

(a) The CSEA, OCS, or contractor shall disclose information about a non-custodial parent, alleged father, custodial parent, or child when the request is for the purposes of locating:

(i) A parent;

(ii) An obligor of a child support order;

(iii) An individual against whom a child support order is sought;

(iv) An obligee of a child support order; or

(v) A parent or child involved in a non-IV-D child support case.

(b) The following is the information that the CSEA, OCS, or contractor may disclose about the non-custodial parent, alleged father, custodial parent, or child:

(i) Name;

(ii) Social security number;

(iii) Address;

(iv) Employer's name;

(v) Employer's address;

(vi) Employer identification number;

(vii) Wages;

(viii) Income;

(ix) Employment-related benefits, including health care coverage; and

(x) Type, status, location, and amount of assets or debts owed by or to the person.

(i) Information regarding FTI shall not be disclosed unless the information is independently verified.

(ii) Information regarding MSFIDM or SFIDM shall not be disclosed.

(iii) Information shall not be disclosed when the CSEA, OCS, or contractor has reasonable evidence of domestic violence or child abuse and the CSEA, OCS or contractor has determined that the disclosure of such information could be harmful to the custodial parent or child.

(3) Request for location from a county department of job and family services (CDJFS), public children services agency (PCSA), or county agency that is administering a Title IV-B or Title IV-E program, in accordance with the state plan for those programs.

(a) The CSEA, OCS, or contractor shall disclose information about a non-custodial parent, alleged father, custodial parent, child, or relative of a child involved in a Title IV-B or Title IV-E case, when the purpose of the request is to locate:

(i) An individual who has or may have parental rights with respect to a child; or

(ii) A parent, child, or relative of a child in order to carry out Title IV-B or Title IV-E program responsibilities, which include potential placement of a child removed from parental custody, placing siblings in groups, and permanency planning.

(b) The following is the information that the CSEA, OCS, or contractor may disclose about the non-custodial parent, alleged father, custodial parent, or child:

(i) Name;

(ii) Social security number;

(iii) Address;

(iv) Employer's name;

(v) Employer's address;

(vi) Employer identification number;

(vii) Wages;

(viii) Income;

(ix) Employment-related benefits, including health care coverage; and

(x) Type, status, location, and amount of assets or debts owed by or to the person.

(c) The following is the information that the CSEA, OCS, or contractor may disclose about a relative of a child involved in a Title IV-B or Title IV-E case:

(i) Name;

(ii) Social security number;

(iii) Address;

(iv) Employer's name;

(v) Employer's address; and

(vi) Employer identification number.

(d) Restrictions on information disclosure:

(i) Information regarding FTI shall not be disclosed unless the information is independently verified.

(ii) Information regarding MSFIDM or SFIDM shall not be disclosed.

(iii) When the information will be used to locate an individual who has or may have parental rights with respect to a child, national directory of new hires (NDNH) and federal case registry (FCR) information may be disclosed without independent verification.

(iv) When the information will be used for any purpose other than to locate an individual who has or may have parental rights with respect to a child, NDNH and FCR information shall not be disclosed unless the information is independently verified.

(v) Information shall not be disclosed when the CSEA, OCS, or contractor has reasonable evidence of domestic violence or child abuse and the CSEA, OCS or contractor has determined that the disclosure of such information could be harmful to the custodial parent or child.

(4) Request for information from an agency administering Title IV (aid and services to needy families with children and for child-welfare services), Title XIX (medical assistance programs), Title XXI (state children's health insurance program), and SNAP (supplemental nutrition assistance program).

(a) The CSEA, OCS, or contractor may disclose information about a person contained in SETS to an agency administering Titles IV, XIX, and XXI, and SNAP to perform its responsibilities as it relates to its program.

(b) Restrictions on information disclosure:

(i) Information regarding FTI shall not be disclosed unless the information is independently verified.

(ii) Information regarding MSFIDM or SFIDM shall not be disclosed.

(iii) When the information will be used by the Title IV-B or Title IV-E program for purpose other than to establishing parentage or establishing, modifying, or enforcing child support obligations, the information shall not be disclosed unless the information is independently verified.

(iv) When the information will be used by the medicaid program, NDNH and FCR information shall not be disclosed unless the information is independently verified.

(vi) Information shall not be disclosed when the disclosure of such information would contravene the national policy or security interests of the United States or the confidentiality of census data.

(5) Request for state directory of new hires (SDNH) information from a CDJFS or county agency that is administering the food assistance, medicaid, or OWF programs, a state agency that is administering the unemployment compensation program, or a state agency that is administering a Title I (assistance for the aged), Title X (aid to the blind), Title XIV (aid to the permanently and totally disabled), or Title XVI (supplemental security income for the aged, blind and disabled) program, in accordance with the state plan for those programs.

(a) The CSEA, OCS, or contractor shall disclose SDNH information about a person when the purpose of the request is to verify income and eligibility for the programs of food assistance, medicaid, OWF, unemployment compensation, Title I, Title X, Title XIV, and Title XVI.

(b) The following is the SDNH information that the CSEA, OCS, or contractor may disclose about the person:

(i) Name;

(ii) Social security number;

(iii) Address;

(iv) Employer's name;

(v) Employer's address; and

(vi) Federal employer identification number.

(i) Information regarding FTI shall not be disclosed unless the information is independently verified.

(ii) Information regarding MSFIDM or SFIDM shall not be disclosed.

(C) The CSEA, OCS, or a contractor shall disclose information that the CSEA, OCS, or contractor obtains from a source other than the state or federal PLS upon the request of an individual or entity in the following manner:

(1) Request for information about a representative of a child or a child (regardless of whether the child is receiving OWF benefits).

(a) The CSEA, OCS, or contractor may disclose information about a representative of a child or a child when the request is for a purpose directly connected to any of the following:

(i) The support enforcement program.

(ii) The food assistance, medicaid, OWF, Title IV-B, or Title IV-E programs.

(iii) Any investigation, criminal prosecution, or civil or administrative proceeding conducted in connection with the administration of the support enforcement program or food assistance, medicaid, OWF, Title IV-B, or Title IV-E programs.

(iv) To report suspected or known instances of child abuse, exploitation, or the negligent treatment of a child who is the subject of a child support case to the appropriate agency or official.

(v) A federal, state, or local audit.

(b) The following is the information that the CSEA, OCS, or contractor may disclose about the representative of a child or a child:

(i) Information that pertains to the support order; and

(ii) Information that pertains to the representative of a child or the child.

(i) Information obtained from the state or federal PLS shall not be disclosed.

(ii) Information about any person in the child support case other than the representative of a child or the child shall not be disclosed and must be redacted from any document that will be disclosed, unless the representative of a child obtains written permission from the other person, in accordance with rule 5101:12-1-20 of the Administrative Code.

(iv) Information shall not be disclosed when the disclosure of such information would contravene the national policy or security interests of the United States or the confidentiality of census data.

(2) Request for information about a non-custodial parent or attorney of a non-custodial parent.

(a) The CSEA, OCS, or contractor may disclose information about a non-custodial parent or attorney of a non-custodial parent when the request is for a purpose directly connected to any of the following:

(i) The support enforcement program.

(ii) Any investigation, criminal prosecution, or civil or administrative proceeding conducted in connection with the administration of the support enforcement program or food assistance, medicaid, OWF, Title IV-B, or Title IV-E programs.

(iii) A federal, state, or local audit.

(b) The following is the information that the CSEA, OCS, or contractor may disclose about a non-custodial parent or attorney of a non-custodial parent:

(i) Information that pertains to the support order; and

(ii) Information that pertains to the non-custodial parent or attorney of the non-custodial parent.

(i) Information about any person in the child support case other than the non-custodial parent or attorney of the non-custodial parent shall not be disclosed and must be redacted from any document that will be disclosed, unless the non-custodial parent obtains written permission from the other person, in accordance with rule 5101:12-1-20 of the Administrative Code.

(ii) Information shall not be disclosed when the CSEA, OCS, or contractor has reasonable evidence of domestic violence or child abuse and the CSEA, OCS or contractor has determined that the disclosure of such information could be harmful to the representative of a child or child.

(iii) Information obtained from the state or federal PLS shall not be disclosed.

(iv) Information shall not be disclosed when the disclosure of such information would contravene the national policy or security interests of the United States or the confidentiality of census data.

Last updated December 4, 2023 at 9:23 AM

History

Effective: April 1, 2018
Promulgated Under: 119.03

Ohio Adm.Code 5101:12-1-20.2 Information from the unemployment compensation program and Ohio department of taxation.

(A) This rule describes the procedures an agency is required to follow in order to safeguard information received from unemployment compensation (UC) and the Ohio department of taxation.

(B) Information received from UC:

The child support enforcement agency (CSEA) shall certify that, in accordance with sections 4141.21, 4141.22, and 4141.99 of the Revised Code and rule 4141-43-02 of the Administrative Code, all information and records received from UC shall be used only for the purposes of establishing and collecting child support obligations from and locating individuals owing such obligations. The CSEA shall establish and maintain security safeguards for location, wage, and benefit information.

(1) In order to comply with the confidentiality requirements of section 5747.18 of the Revised Code, each CSEA shall certify that taxpayer information concerning the residential address and income of taxpayers received by the CSEA is needed for the purpose of, and will be used only for, the following:

(a) Locating obligors and establishing, enforcing, modifying and collecting child support obligations pursuant to Title IV-D of the Social Security Act; or

(b) Collecting overpaid child support from the state income tax refund of an obligee in accordance with section 5747.123 of the Revised Code.

(2) None of the information so obtained will be disclosed to anyone except for official purposes as described in section 3125.43 of the Revised Code or in compliance with a court order.

Last updated December 4, 2023 at 9:23 AM

History

Effective: April 1, 2018
Promulgated Under: 119.03

Ohio Adm.Code 5101:12-1-22 Safeguarding of information from the internal revenue service.

(A) This rule describes the procedures a child support enforcement agency (CSEA) is required to follow in order to safeguard information received from the internal revenue service (IRS). The procedures for safeguarding federal tax information (FTI) are based upon the tax information security guidelines described in IRS publication 1075 (rev. 11/2021). IRS Publication 1075 is available at www.irs.gov. The safeguarding requirements of this rule apply to any paper, electronic, or imaged record.

(B) Failure to comply with the safeguarding requirements of this rule shall result in the revocation of access to the support enforcement tracking system (SETS) or any other computer application that contains information from the IRS.

(C) For purposes of this rule and its supplemental rules, FTI is defined as federal tax return information other than information provided by the taxpayer, including but not limited to:

(1) Address information obtained from the IRS;

(2) Social security numbers obtained from the IRS;

(3) Federal tax filing status; or

(4) Identification of the payment source as an IRS tax refund offset collection.

(D) Each CSEA shall complete and submit to the office of child support (OCS) within the Ohio department of job and family services (ODJFS) a JFS 07072, "Safeguarding of Internal Revenue Service, Ohio Department of Taxation, Federal Parent Locator Service, and Unemployment Compensation Information" (effective or revised effective date as identified in rule 5101:12-1-99 of the Administrative Code) no later than the last day of April each year. The JFS 07072 must be signed and dated by the director or administrator of the CSEA.

(E) In accordance with rule 5101:9-9-26 of the Administrative Code, each CSEA will develop a written procedure requiring all: final candidates, as defined in rule 5101:9-9-26 of the Administrative Code, current employees, prospective contractors or sub-contractors and, current contractors and sub-contractors who are or will be granted access to FTI to submit to a background investigation that is favorably adjudicated and is in accordance with the IRS publication 1075. The written procedure is to be made available to OCS and/or the IRS upon request.

(F) The CSEA shall notify OCS at least sixty days prior to re-disclosing FTI to a contractor so that OCS may notify the IRS office of safeguards at least forty-five days prior to the re-disclosure.

(G) The CSEA shall notify OCS at least sixty days prior to re-disclosing FTI to a sub-contractor so that OCS may notify the IRS office of safeguards and obtain written approval at least forty-five days prior to the re-disclosure.

(H) The CSEA shall prior to re-disclosing FTI to a contractor or sub-contractor:

(1) Establish privacy roles and responsibilities for contractors and service providers;

(2) Include privacy requirements in contracts and other acquisition-related documents;

(3) Share FTI externally only for authorized purposes and in a manner compatible with those purposes;

(4) Enter into a contract, service level agreement, memorandum of understanding, memorandum of agreement, letter of intent, computer matching agreement, or similar agreement, with third parties that specifically describes the FTI covered and specifically enumerates the purposes for which the FTI may be used;

(5) Monitor, audit, and train CSEA staff on the authorized uses and sharing of FTI with third parties and on the consequences of unauthorized use or sharing of FTI; and

(6) Evaluate any proposed new instances of sharing FTI with third parties to assess whether they are authorized and whether additional or new public notice is required.

(I) For each individual with access to FTI that is an employee of: the CSEA; a contractor of the CSEA; or a sub-contractor to provide goods or services on behalf of a contractor of the CSEA, the CSEA shall ensure that:

(1) A background investigation is completed in accordance with rule 5101:9-9-26 of the Administrative Code;

(2) FTI safeguarding training is completed upon employment or re-employment and on an annual basis thereafter. The FTI safeguarding training shall include, but is not limited to:

(a) Disclosure awareness training;

(b) Security awareness training;

(d) Contingency training; and

(e) Incident response training.

(3) Each individual certifies his or her understanding of policies and procedures for safeguarding FTI by completing the FTI safeguarding training and a JFS 07014, "Tax Information Safeguarding Authorization Agreement" (effective or revised effective date as identified in rule 5101:12-1-99 of the Administrative Code).

(a) FTI safeguarding training and a JFS 07014 must be completed upon employment or re-employment and on an annual basis thereafter.

(i) An individual who has been granted access to SETS in accordance with paragraph (F) of rule 5101:12-1-15 of the Administrative Code has met this requirement.

(ii) Any other individual who has access to FTI must complete the FTI safeguarding training and a JFS 07014.

(b) The initial certification and recertification will be maintained by OCS and made available to the IRS upon request. These records are to be retained for a minimum of five years in accordance with requirements under IRS publication 1075.

(4) A permanent FTI tracking system is utilized. FTI may be tracked using any of the following methods:

(a) The FTI tracking database provided by OCS;

(b) The JFS 07019, "Federal Tax Information Item Tracking Log" (effective or revised effective date as identified in rule 5101:12-1-99 of the Administrative Code); or

(i) The database contains all of the same data elements as the JFS 07019; and

(ii) The CSEA submits the database to OCS for approval and OCS approves the database.

(5) A permanent system of standardized records is established and maintained with regard to requests made for information from the IRS that includes:

(a) The reason for the request;

(b) The date the request is made;

(d) The name of the employee(s) having access to the information.

(6) FTI is stored during non-duty hours in accordance with the secure storage and minimum protection standards described in IRS publication 1075;

(7) Access to file keys and safe combinations is limited to employees responsible for safeguarding FTI and a maximum of two alternates who are permitted access to the FTI;

(8) FTI is limited to those individuals who are authorized to inspect and use the information. Limiting access to FTI must meet the IRS publication 1075 standards by:

(a) Designating restricted areas;

(b) Creating an authorized access list; and

(9) Commingling standards described in IRS publication 1075 are followed. FTI may be maintained either separately from a file or within a file. When FTI is maintained within a file, the outside jacket of the file shall have a label stating that the file contains FTI;

(10) Mail received containing FTI is properly labeled as described in paragraph (I)(11)(a) of this rule and is not opened before delivery to the CSEA employee, contractor, or sub-contractor responsible for safeguarding the information;

(11) Computer stations are safeguarded in accordance with standards described in IRS publication 1075. Computer stations may be safeguarded by:

(a) Restricting access to only authorized staff;

(b) Utilizing password protections;

(d) Logging out of the system.

(12) Correspondence containing FTI is properly transmitted according to the following standards:

(a) When sending the correspondence by ordinary mail, the agency shall send the correspondence in a double-sealed envelope with a label on the inner envelope that alerts the recipient that the mail contains FTI;

(b) When sending the correspondence by electronic mail, the agency will only send the electronic message to a recipient within the ODJFS email system, and:

(i) Alert the recipient in the text of the electronic message that the attachment contains FTI; and

(ii) Send the correspondence as an attachment to the electronic message that is encrypted and is password protected; and

(iii) Send the password to access the attachment in a separate electronic message.

(i) Include a cover sheet that alerts the fax recipient that the correspondence contains FTI and indicates the name of the intended fax recipient;

(ii) Verify that the intended fax recipient is an authorized person; and

(iii) Verify that the intended fax recipient will be present at the fax machine to receive the correspondence at the time the CSEA sends it.

(13) FTI is only destroyed in accordance with the destruction methods described in IRS publication 1075 when FTI is no longer needed by the agency and that the destruction is tracked as described in paragraph (I)(4) of this rule.

Last updated November 1, 2022 at 8:53 AM

History

Effective: November 1, 2022
Promulgated Under: 119.03

Ohio Adm.Code 5101:12-1-22.1 Safeguarding visit procedures.

(A) In accordance with "Internal Revenue Service (IRS) Publication 1075" (rev. 11/2021), the office of child support (OCS) is required to conduct a federal tax information (FTI) safeguarding visit (hereafter "visit") with each agency that has access to FTI that is related to the child support program. The purpose of the visit is to ensure that adequate FTI safeguards and security measures are maintained by the agency.

(1) OCS shall establish a schedule for each child support enforcement agency (CSEA) with access to FTI, at the direction of OCS, to either participate in a visit or complete a safeguarding self inspection at least once every three years.

(2) OCS shall complete a visit at least once every eighteen months for internal headquarters and facilities housing FTI.

(B) OCS notification of the visit.

(1) When the agency is a CSEA, OCS will notify the director or administrator and tax offset coordinator of the date and time of the visit.

(2) When the agency is not a CSEA, OCS will notify the appropriate agency point of contact of the date and time of the visit.

(1) Fifteen business days prior to the visit, OCS will send a JFS 07729, "FTI Safeguarding Workbook" (effective or revised effective date as identified in rule 5101:12-1-99 of the Administrative Code.)

(2) The agency shall complete and return the JFS 07729 to OCS no later than five business days prior to the visit.

(3) OCS may perform any or all of the following activities during the visit:

(a) Select a random sample of cases to review.

(b) Review and discuss the completed JFS 07729.

(d) Complete a physical walk-through of the building or buildings that have access to SETS and/or FTI. This could include, but is not limited to;

(i) Offsite storage;

(ii) Satellite offices;

(iii) Prosecutors offices; and

(iv) Courts.

(D) Visit follow up procedures for an agency.

(1) OCS shall send, within fifteen business days from the date of the visit, to the agency an initial JFS 07729 identifying specific vulnerabilities discovered during the visit. OCS will identify potential remedies for each vulnerability.

(2) When the initial JFS 07729 identifies vulnerabilities, the agency shall send to OCS a written response that describes the actions the agency shall take to remedy the vulnerabilities, including a timeline for completing the actions. The agency shall send the written response to OCS no later than thirty days after the receipt of the initial JFS 07729 from OCS.

(3) OCS shall respond by issuing the JFS 07729 as interim when the remedy(s) to a vulnerability(s) are pending completion by the CSEA. OCS may also request additional information from the agency.

(4) OCS shall respond to the agency's written response described in paragraph (D)(2) of this rule, indicating whether the actions proposed to remedy any vulnerabilities meet the IRS safeguarding regulations as described in the IRS publication 1075. OCS shall send the final JFS 07729 once all the vulnerabilities have been closed.

(E) In accordance with IRS publication 1075, OCS may require that the agency complete an FTI self-inspection of each location as described in paragraph (C)(3)(d) of this rule, that has access to FTI. The purpose of the self-inspection is to ensure that adequate FTI safeguards and security measures are maintained by the agency.

(1) Self-inspection procedures.

(a) OCS will notify the CSEA director, administrator, tax offset coordinator or agency point of contact as to the month in which the agency is required to complete a self-inspection.

(b) OCS will send a JFS 07729 ten days prior to the beginning of the month in which the self-inspection is scheduled.

(c) The agency shall complete the JFS 07729 and return the completed JFS 07729 to OCS by the last day of the self-inspection month.

(2) Self-inspection follow-up procedures.

(a) Within fifteen days of receipt of the completed JFS 07729, OCS shall notify the agency as to whether additional information is required. Should additional information be required, the agency shall submit the additional information within fifteen days of the request for information to OCS. If no additional information is required, OCS shall notify the agency that the JFS 07729 has been accepted.

(b) Should the CSEA fail to return the JFS 07729 or respond to a request for additional information within the required timeframe, OCS reserves the right to conduct an on-site visit in accordance with rule 5101:12-1-22.1 of the Administrative Code.

(F) An agency shall comply with the following reporting requirements, in accordance with the FTI incident response and incident reporting standards described in IRS publication 1075 for unauthorized access to or inspection of FTI, including but not limited to:

(1) Training all staff in FTI incident response procedures.

(2) Routinely tracking and documenting FTI security incidents.

(3) Promptly reporting any unauthorized inspection and disclosure or use of FTI to the appropriate authority, as described in the IRS publication 1075.

Last updated September 4, 2026 at 10:25 AM

History

Effective: November 1, 2022
Promulgated Under: 119.03

Ohio Adm.Code 5101:12-1-25 Record retention, disposal, and destruction of fiscal, statistical, and administrative records.

(A) The child support enforcement agency (CSEA) shall follow the procedures of retention, disposal, and destruction of records described in section 149.38 of the Revised Code, and rule 5101:9-9-21 of the Administrative Code.

(B) Pursuant to 45 C.F.R. sections 92.42 (effective 10/2014) and 302.15 (effective 10/2012), the CSEA shall retain all fiscal and statistical records and their supporting documents that are required to be maintained under the Title IV-D program, or otherwise reasonably considered as pertinent to the requirements of the Title IV-D program. These records shall be retained:

(1) For a minimum of three years from the end of the fiscal year to which the records are applicable; or

(2) In accordance with the county records commission in the county in which the CSEA serves, when the county records commission requires a retention period more than three years.

(C) Pursuant to 45 C.F.R. sections 92.42 and 302.15, the CSEA shall retain case records that are required to be maintained under the Title IV-D program, or otherwise reasonably considered as pertinent to the requirements of the Title IV-D program. Case records include any records described in rule 5101:12-10-05 of the Administrative Code. Case records for a case in which program services have been terminated shall be retained:

(1) For a minimum of three years after the case is closed in accordance with rule 5101:12-10-70 of the Administrative Code; or

(2) For a longer period as determined by the county records commission.

(D) When a balance exists on a case in which program services have been terminated and the records retention period described in this rule has run, the case records are to be retained until the balance has been paid.

(E) Pursuant to 45 C.F.R. section 92.42 and section 9.01 of the Revised Code, copies made by microfilming, photocopying, digital imaging or similar methods may be substituted for the original records.

Last updated January 6, 2026 at 10:23 AM

History

Effective: June 1, 2021
Promulgated Under: 119.03

Ohio Adm.Code 5101:12-1-50 Program funding.

(A) Funding for allowable IV-D expenditures.

(1) Federal financial participation (FFP) at the applicable matching rate is available for reimbursement of allowable expenditures, as described in 45 C.F.R. 304, as in effect on September 1, 2016, incurred in the provision of IV-D services. The FFP matching rate is a variable percentage set by federal law. The child support enforcement agency (CSEA) receives FFP in the administrative advance through the Ohio department of job and family services, as outlined in rule 5101:9-7-02 of the Administrative Code.

(2) To fund the portion of allowable IV-D expenditures not reimbursed through FFP (hereafter referred to as the non-federal share), the CSEA may use:

(a) State appropriated funds known as the state allocation;

(b) Funds appropriated by the county commissioners from the county general fund; and

(3) The portion of the non-federal share not met by state funds or federal incentives is designated as the county share or county obligation on the quarterly child support administrative fund reconciliation, described in rule 5101:9-7-02 of the Administrative Code. Federal regulations mandate the permissible sources from which the non-federal share can be supplied:

(a) Public funds, other than those derived from private resources, used by the CSEA for its IV-D child support enforcement program may be considered as the non-federal share in claiming federal reimbursement under the following conditions:

(i) The funds are appropriated directly to the CSEA; or

(ii) The funds are of another public agency and are treated as follows:

(a) Transferred to the CSEA and are under the CSEA's administrative control; or

(b) Certified by the contributing public agency as representing expenditures under the state's IV-D plan, subject to the limitations of this rule.

(b) Public funds used by the CSEA for its IV-D child support enforcement program may not be considered as the non-federal share in claiming federal reimbursement under the following conditions:

(i) The funds are federal funds, unless authorized by federal law to be used to match other funds; or

(ii) The funds are used to match other federal funds.

(c) Funds treated as IV-D program income pursuant to rule 5101:12-1-53 of the Administrative Code may not be considered as the non-federal share in claiming federal reimbursement.

(B) Funding for expenditures for which FFP is not allowable.

(1) Expenditures for a IV-D case for which FFP is not allowable are described in 45 C.F.R. 304. In addition, FFP is not allowable for any support enforcement program service provided to a non-IV-D case.

(2) The CSEA is responsible for all expenditures for which FFP is not allowable.

(3) For expenditures for which FFP is not allowable, the CSEA may use:

(a) Funds appropriated by the county commissioners from the county general fund; and

(b) Funds collected on non-IV-D cases for:

(i) Processing charges;

(ii) Interest; or

(iii) Copying charges.

Last updated October 12, 2023 at 10:50 AM

History

Effective: December 1, 2016
Promulgated Under: 119.03

Ohio Adm.Code 5101:12-1-51 Mandatory CSEA fiscal reports.

(A) The federal office of child support services (OCSS) mandates the office of child support (OCS) in the Ohio department of job and family services (ODJFS) to collect and report certain data from child support enforcement agencies (CSEA). The CSEA will complete and submit the following:

(1) The JFS 02750 "Child Support Enforcement Agency Quarterly Financial Certification" (effective or revised effective date as identified in rule 5101:12-1-99 of the Administrative Code);

(2) The child support random moment sample time study in accordance with rule 5101:9-7-23 of the Administrative Code; and

(3) The JFS 04234 "Annual Full-Time Equivalent Report" (effective or revised effective date as identified in rule 5101:12-1-99 of the Administrative Code).

(B) Submission process and time frame.

(1) The CSEA will submit the JFS 02750 to ODJFS, office of fiscal and monitoring services in accordance with rule 5101:9-7-02.1 of the Administrative Code and will follow the timeframe and submission instructions described in rules 5101:9-6-83 and 5101:9-7-29 of the Administrative Code; and

(2) The CSEA will submit the JFS 04234 to OCS on or before the fifteenth day of October. If October fifteenth is not a business day, the JFS 04234 is due by the next business day.

(C) Failure by the CSEA to timely submit the reports listed in paragraph (A) of this rule may result in the withholding of subsequent funding to the CSEA by ODJFS, until the reports have been submitted.

Last updated June 2, 2025 at 7:58 AM

History

Effective: June 1, 2025
Promulgated Under: 119.03

Ohio Adm.Code 5101:12-1-53 Program income.

(A) Revenues resulting from Title IV-D case activity shall be considered IV-D program income and shall not be used as any portion of the nonfederal share of program funding. Revenues resulting from Title IV-D case activity are deducted from expenditures presented for federal reimbursement. IV-D program income revenue shall be used for the operation of the IV-D child support program.

(B) Only revenues resulting from Title IV-D case activity shall be considered IV-D program income. Revenues resulting from non-IV-D case activity may be used at the discretion of the child support enforcement agency (CSEA) or the Ohio department of job and family services (ODJFS), including being used to provide the nonfederal share of funds for the child support program.

(C) The CSEA must report as revenue on the JFS 02750, "Child Support Enforcement Agency Quarterly Financial Certification" (effective or revised effective date as identified in rule 5101:12-1-99 of the Administrative Code) all program income described in this rule that is allocated to the CSEA and income the CSEA collects and retains. The CSEA must complete the JFS 02750 as described in rule 5101:9-7-29 of the Administrative Code.

(D) Paragraphs (D)(1) to (D)(8) of this rule identify the various forms of program income.

(1) The processing charge collected on Title IV-D cases shall be considered IV-D program income to the CSEA.

(2) Any amount earned through investment of IV-D collections, such as interest earned from collections made on behalf of child support obligees, shall be considered IV-D program income. If a CSEA or ODJFS pays service fees on an income-producing account, only the net amount (investment income less service fees) shall be reported. The CSEA or ODJFS shall maintain a record of investment revenue and service fees relative to the depository account. There is no net investment income to report nor transfer if the service fees exceed investment income.

(3) Recovered IV-D allowable payments such as IV-D allowable clerk of court fees, court costs, and genetic testing fees for paternity determination made by the CSEA shall be considered IV-D program income. If any of these items are returned to ODJFS, it is program income to ODJFS. If any is retained at the CSEA, it becomes program income to the CSEA through the administrative fund.

(4) When the CSEA does not absorb the IV-D application fee, the fee shall be considered IV-D program income to the CSEA.

(5) The CSEA may charge miscellaneous fees, such as photocopy charges, provided the fee charged is sufficient to cover costs yet nominal enough not to discourage the right of access to information in the files. The fees charged for services on IV-D cases shall be considered IV-D program income to the CSEA through the administrative fund.

(6) Unclaimed funds.

(a) A IV-D payment that becomes unclaimed pursuant to rule 5101:12-80-25 of the Administrative Code shall be reported as program income. At such time that the payment is claimed by its owner, unclaimed funds collected by the owner shall be reported as a reduction to program income.

(b) A IV-D payment that loses unclaimed status pursuant to former rule 5101:1-29-71.2 of the Administrative Code shall be reported as program income.

(7) Interest paid pursuant to section 3123.17 of the Revised Code on assigned arrears shall be considered IV-D program income to ODJFS.

(8) Any fine imposed in a IV-D case that the CSEA or ODJFS has retained shall be considered IV-D program income.

Last updated October 12, 2023 at 10:50 AM

History

Effective: December 15, 2021
Promulgated Under: 119.03

Ohio Adm.Code 5101:12-1-54 Incentive payment.

(A) This rule and its supplemental rules describe the calculation and distribution of the Ohio incentive payment from the federal office of child support enforcement (OCSE) to the state of Ohio, and the incentive payment from the Ohio department of job and family services (ODJFS) to the child support enforcement agency (CSEA).

(B) The following definitions apply to this rule and its supplemental rules:

(1) "Federal fiscal year" means the twelve-month time period beginning October first and ending September thirtieth.

(2) "Performance category" means the following child support program areas:

(a) Establishment of paternity;

(b) Establishment of support orders;

(d) Collection of past-due support; and

(e) Cost effectiveness.

(3) "Performance year" means the twelve-month time period ending September thirtieth of each year during which each CSEA's performance is measured. The performance year corresponds to the federal fiscal year, to the period of measurement of Ohio's performance by OCSE, and to the period of review for the annual self-assessment.

(1) In accordance with 42 U.S.C. 658a, as in effect January 1, 2009, OCSE determines the amount of the incentive payment for a state. The incentive payment for a federal fiscal year is equal to the incentive payment pool for the federal fiscal year, multiplied by the state incentive payment share for the federal fiscal year.

(a) The incentive payment share is the incentive base amount for a state for the federal fiscal year divided by the sum of the incentive base amounts for all of the states for the federal fiscal year.

(b) The incentive base amount is the sum of the applicable percentages, as determined in 42 U.S.C. 658a, multiplied by the corresponding maximum incentive base amounts for a state for the fiscal year, with respect to the state's measure of performance in each performance category during the federal fiscal year.

(2) The state collections base for a federal fiscal year is determined by using the following formula:

(2 x (current assistance collections + former assistance collections + medicaid collections)) + never assistance collections

fees retained by other states.

(3) The per cent contributed in each performance category to the total Ohio incentive base amount is determined by using the following formula:

Maximum incentive base amount in each performance category total Ohio maximum incentive base amount.

(4) The amount of the Ohio incentive payment for each performance category is determined by using the following formula:

Per cent contributed in each performance category x total Ohio incentive payment.

(5) The amount of the federal incentive payment distributed to a state is an estimated amount. The actual amount of the federal incentive payment earned by a state is unknown until the end of the federal fiscal year and completion of calculations for the state data reliability audit. In accordance with the processes described at 45 C.F.R. part 305, as in effect on October 1, 2009, the final, reconciled amount would then include any necessary adjustments as a result of any previous federal incentive payment overpayments or underpayments.

(6) Payment eligibility requirements.

(a) Payment of the incentive payment is contingent on a state's data being determined complete and reliable by federal auditors in the annual data reliability audit.

(b) State data necessary to calculate a state's performance level for the incentive payment and penalties for each federal fiscal year must be submitted to OCSE by December thirty-first, which is the end of the first quarter of the next federal fiscal year.

(D) Distribution of the Ohio incentive payment.

(1) Ten per cent of the total amount of the Ohio incentive payment shall be retained by ODJFS for the provision of statewide IV-D services.

(2) Ninety per cent of the total amount of the Ohio incentive payment shall be distributed to the CSEAs to administer the local IV-D program.

(E) Payment to the CSEA.

ODJFS shall pay the CSEA through the child support administrative draw, as described in rule 5101:9-7-02 of the Administrative Code. Payments made in accordance with rule 5101:9-7-02 of the Administrative Code shall be calculated in accordance with the terms of this rule beginning January 1, 2011. In accordance with paragraph (C)(5) of this rule, the CSEA incentive payment distributed to each CSEA throughout the calendar year is an estimated amount. The actual amount of the CSEA incentive payment earned by a CSEA is unknown until the annual incentives reconciliation for the federal fiscal year occurs. In accordance with paragraph (C)(5) of this rule, the final amount would include any necessary adjustments as a result of any previous federal incentive payment overpayments or underpayments. At the close of the federal fiscal year, a comparison is made between the estimated federal incentive payment and the actual federal incentive payment earned by the state. When the comparison indicates that the estimated amount exceeds the actual amount earned by the state and a deficiency exists, ODJFS will adjust the county allocation in the succeeding months. When the comparison indicates that the actual amount earned exceeds the estimated amount and a surplus exists, ODJFS will make a one-time payment to the CSEA through the administrative advance process.

(F) Requirements for use of federal incentives.

(1) In accordance with section 5101.23 of the Revised Code and 45 C.F.R. 305.35, as in effect on October 1, 2009, incentive funds shall only be spent for allowable Title IV-D expenditures unless approval is received from the federal department of health and human services.

(2) In accordance with 45 C.F.R. 305.35, as in effect on October 1, 2009, state IV-D expenditures may not be reduced as a result of the receipt and reinvestment of incentive payments. A base amount will be determined by subtracting the amount of incentive funds received and reinvested in the state IV-D program for federal fiscal year 1998 from the total amount expended by the state in the IV-D program during the same period. States have an option of using the average amount of the previous three federal fiscal years as a base amount. This base amount of state spending must be maintained in future years. Incentive payments under this paragraph must be used in addition to, and not in lieu of, the base amount.

(3) In accordance with 45 C.F.R. 305.35(c) and 45 C.F.R. 305.35(d), as in effect on October 1, 2009, a CSEA may not reduce its IV-D expenditures as a result of receipt and reinvestment of incentive payments. An evaluation of IV-D expenditures reported on the JFS 02750, "Child Support Enforcement Agency Quarterly Financial Certification" (effective or revised effective date as identified in rule 5101:12-1-99 of the Administrative Code), will be developed to establish a base period using an average of the three previous federal fiscal years. This average will be the IV-D expenditures level that must be maintained in future years. Incentive payments must be used in addition to, and not in lieu of, the base amount.

Last updated December 15, 2021 at 8:34 AM

History

Effective: December 15, 2021
Promulgated Under: 119.03

Ohio Adm.Code 5101:12-1-54.1 Incentive payment: performance-based measure.

(A) The Ohio department of job and family services (ODJFS) shall distribute to the child support enforcement agency (CSEA) the funds identified in paragraph (D)(2) of rule 5101:12-1-54 of the Administrative Code based on each county's collections base percentage.

(B) Calculation of the county collections base percentage.

(1) County collections base = (2 x (current assistance collections + former assistance collections + medicaid collections)) + never assistance collections + fees retained by other states.

(2) Collections base percentage = county collections base divided by the sum of the collections base for all of the Ohio counties.

In accordance with section 5101.24 of the Revised Code, and at the discretion of the office of child support (OCS), the CSEA may be asked to provide to OCS a corrective action plan (CAP) based on declining performance in any performance category.

Last updated October 12, 2023 at 10:50 AM

History

Effective: April 14, 2011
Promulgated Under: 119.03

Ohio Adm.Code 5101:12-1-54.2 Incentive payment: county self-assessment.

(A) Twenty-five per cent of the child support enforcement agency (CSEA) incentive payment, calculated in accordance with rule 5101:12-1-54.1 of the Administrative Code, shall be distributed to the CSEA subject to the limitations described in this rule.

(B) For the purposes of this rule, "self-assessment category" refers to the following child support program categories:

(1) Case closure;

(2) Establishment of paternity and support orders;

(3) Enforcement of support orders;

(4) Securing and enforcing medical support orders;

(5) Review and adjustment of support orders (public assistance cases); and

(6) Review and adjustment of support orders (non-public assistance cases).

(1) For the purposes of this rule, the "quality assurance (QA) sample" refers to the case sample provided by the office of child support (OCS) to the CSEA, and used by the CSEA to complete the county self-assessment. The total statewide QA sample will be approximately one thousand cases per self-assessment category.

(2) For the purposes of this rule, the "federal sample" refers to the case sample used by OCS to complete the federal self-assessment, as required by 45 C.F.R. part 308, as in effect on July 21, 2008. The minimum number of cases in the federal sample is five hundred in each self-assessment category. These cases are randomly selected from the statewide caseload.

(3) Each county will receive a minimum of eleven cases in each self-assessment category. The federal sample will be distributed to each county in accordance with the process of random sample selection. The federal sample may be more or less than the eleven case minimum. If necessary, the remaining QA sample needed to meet the eleven case minimum will be randomly selected from the county caseload in each self-assessment category.

(D) Timeframes for the county self-assessment.

(1) OCS shall provide the QA sample to the CSEA by November fifteenth of each year.

(2) The CSEA shall complete and return the self-assessment to OCS by February fifteenth of the subsequent year.

(E) Completing and submitting the county self-assessment.

(1) OCS shall develop the procedures for the CSEA to follow in order for the CSEA to complete a self-assessment. Periodically, OCS will modify the procedures as appropriate.

(2) The CSEA is required to complete the county self-assessment, using the procedures as set forth by OCS, which includes but is not limited to meeting all of the following criteria:

(a) Using the software programs as designated by OCS to facilitate review and reporting procedures;

(b) Reviewing and evaluating each case in the QA sample;

(d) Submitting the self-assessment to OCS, using the method for submission as designated by OCS, within the timeframe described in paragraph (D)(2) of this rule.

(3) Failure of the CSEA to submit a completed self-assessment to OCS by February fifteenth shall result in a twenty-five per cent reduction of the final reconciled CSEA incentive payment, as determined in accordance with paragraph (E) of rule 5101:12-1-54 of the Administrative Code.

(a) The twenty-five per cent reduction shall be imposed by reducing each monthly allocation during the calendar year following the calendar year in which the CSEA failed to submit the self-assessment to OCS.

(b) The amount of funds contained in the twenty-five per cent reduction shall be retained by ODJFS.

Last updated October 12, 2023 at 10:50 AM

History

Effective: April 14, 2011
Promulgated Under: 119.03

Ohio Adm.Code 5101:12-1-56 Assigned medical support collections incentives.

(A) The following definitions apply to this rule:

(1) "Assigned medical support" means the medicaid applicant, recipient, or participant has assigned the right to collect and retain medical support from an obligor or medical reimbursement from a third party to the Ohio department of job and family services (ODJFS).

(2) "Third party" means any private medical insurer, individual, entity, or public or private medical program that is or may be liable to pay all or part of the cost of injury, disease, or disability on behalf of a medicaid applicant, recipient, or participant.

(B) When the child support enforcement agency (CSEA) is made aware of an accident or injury involving the medicaid applicant, recipient, or participant, the CSEA shall complete the ODM 06613, "Accident/Injury Insurance Information," send it to the Ohio department of medicaid (ODM), and send a copy to the county department of job and family services (CDJFS).

(1) The CSEA is entitled to have fifteen per cent of the total collection; and

(2) The remainder is distributed to ODM, subject to the applicable federal medical assistance percentage (FMAP) that is calculated annually by the federal government.

Last updated April 1, 2026 at 8:22 AM

History

Effective: April 1, 2026
Promulgated Under: 119.03

Ohio Adm.Code 5101:12-1-60 Expenditures eligible for federal financial participation reimbursement.

(A) This rule describes the support enforcement program services and IV-D services for which a child support enforcement agency (CSEA) may request federal financial participation (FFP) reimbursement.

FFP reimbursement is available for reasonable and necessary CSEA expenditures for services and activities provided in a IV-D case and properly attributable to the operation of the support enforcement program. FFP reimbursement principles are based upon the general principles for determining allowable costs described in 2 C.F.R., subtitle A, chapter II, part 200 (12/26/2013) (circular A-87 of the federal office of management and budget). The current FFP reimbursement rate is sixty-six per cent.

(B) The following definition applies to this rule and its supplemental rule:

"Arrest" means taking an individual into physical custody pursuant to a court-issued process and transporting that person to the court that ordered his or her arrest. It does not include incarceration, arraignment, and other activities that may occur as the result of an arrest.

(1) Support enforcement program services, which include:

(a) Location services;

(b) Establishment of parentage;

(d) Enforcement of support orders;

(e) Collection of support obligations; and

(f) Any other actions appropriate to child support enforcement, which include but are not limited to:

(i) Monitoring the progress of program development and operations and evaluating the quality, efficiency, effectiveness, and scope of support enforcement program services available in the county;

(ii) The establishment of all necessary IV-D contracts with a private or governmental entity for the provision of IV-D services where the IV-D contract is established in accordance with rules 5101:12-1-80 to 5101:12-1-80.4 of the Administrative Code;

(iii) The direct cost of reasonable and essential short-term training provided to CSEA staff;

(iv) The development and maintenance of fiscal and program records and reports required to be made to the Ohio department of job and family services;

(v) Expenditures for general administrative costs (e.g., salaries, supplies, and equipment); and

(vi) The establishment and maintenance of case records.

(2) IV-D services, which include:

(a) Federal income tax refund offset submittals for the collection of support arrears;

(b) Withholding of unemployment compensation for the payment of support;

(c) Requests to the internal revenue service for the disclosure of taxpayer information for use in establishing and collecting support obligations;

(d) Requests to the internal revenue service for the collection of delinquent support; and

(e) Requests to use the U.S. district courts when another state has failed to enforce an Ohio court support order.

(3) The purchase of IV-D services when the services are purchased under a IV-D contract in accordance with rules 5101:12-1-80 to 5101:12-1-80.4 of the Administrative Code, including but not limited to:

(a) Reasonable and essential short-term training of court and law enforcement staff assigned on a full- or part-time basis to support enforcement functions;

(b) Service of process and court filing fees when the court or law enforcement agency would normally be required to pay the cost of such fees;

(d) Service of process fees, when the CSEA obtains written verification from the sheriff that the sheriff charges other agencies service of process fees; and

(e) Sheriff's office personnel and equipment costs, when the costs are necessary to complete service of process activities.

(D) The CSEA shall comply with the rules set forth in division 5101:9 of the Administrative Code.

Last updated February 11, 2025 at 9:10 AM

History

Effective: September 1, 2020
Promulgated Under: 119.03

Ohio Adm.Code 5101:12-1-60.1 Expenditures ineligible for federal financial participation reimbursement.

(A) This rule describes expenditures for which a child support enforcement agency (CSEA) shall not request federal financial participation (FFP) reimbursement.

(B) CSEA expenditures for which FFP reimbursement is not available include but are not limited to:

(1) Support enforcement program services provided in a non-IV-D case.

(2) Charges assessed to the CSEA by a court or clerk of court that are not uniformly assessed to another agency or official that uses the services of the court or clerk of court.

(3) Purchased IV-D services that are not purchased in accordance with or do not meet the requirements of rules 5101:12-1-80 to 5101:12-1-80.4 of the Administrative Code.

(4) The following charges assessed to the CSEA under a IV-D contract:

(a) Service of process and court filing fees unless the court or law enforcement agency would normally be required to pay the cost of such fees;

(b) Costs of compensation (salary and fringe benefits) of judges;

(d) Office related costs, such as space, equipment, furnishings and supplies, incurred by judges;

(e) Compensation (salary and fringe benefits), travel and training, and office related costs incurred by administrative and support staffs of judges;

(f) Service of process fees unless the CSEA obtains written verification from the sheriff that the sheriff charges other agencies service of process fees;

(g) Sheriff's office personnel and equipment costs unless the costs are necessary to complete service of process activities;

(h) Costs that do not meet the definition of "allowable cost," as defined in rule 5101:12-1-80 of the Administrative Code;

(i) Costs that do not meet the definition of "reasonable cost," as defined in rule 5101:12-1-80 of the Administrative Code; and

(j) Hearings, portions of hearings, or other activities related to:

(i) Visitation, custody, or change of custody;

(ii) Establishment of spousal support orders;

(iii) Enforcement of spousal support orders if no child support order exists for the same parties;

(iv) Property settlements; and

(v) Civil protection orders or domestic violence cases.

(5) Education and training programs and educational services, except short-term training of CSEA staff.

(6) Activities related to administering the following public programs:

(a) Ohio works first (OWF);

(b) Medicaid and state children's health insurance program;

(d) Old-age assistance, aid to the blind, and aid to the permanently and totally disabled.

(7) Construction and major renovations.

(8) Charges that have been reimbursed by recovered fees.

(9) Functions performed by a caseworker who is also determining eligibility for OWF or performing social services functions pursuant to section 5101.46 of the Revised Code, unless alternative arrangements as described in 45 C.F.R. 303.20(e) (12/29/2010) have been approved by the office of child support (OCS) in the Ohio department of job and family services (ODJFS).

(10) Medical support enforcement activities to pursue payments from a third party health insurer.

(11) Costs for the use of the federal parent locator service in parental kidnapping, child custody, or visitation cases.

(12) Costs for the incarceration of parents.

(13) Costs of counsel for indigent defendants.

(14) Costs of guardians ad litem.

(15) Services the CSEA is not authorized to perform under the rules set forth in division 5101:12 of the Administrative Code.

Last updated February 11, 2025 at 9:10 AM

History

Effective: August 1, 2014
Promulgated Under: 119.03

Ohio Adm.Code 5101:12-1-80 IV-D contracts: overview.

(A) This rule and its supplemental rules describe the process by which a child support enforcement agency (CSEA) enters into a IV-D contract with a governmental entity or a private entity to provide IV-D services and for the CSEA to receive federal financial participation (FFP) reimbursement to offset the cost of the purchase of the services under a IV-D contract. The principles of FFP reimbursement are described in rules 5101:12-1-60 and 5101:12-1-60.1 of the Administrative Code.

(B) The following terms and definitions apply to this rule and its supplemental rules:

(1) "Allowable cost" refers to a cost under a IV-D contract that meets the following general criteria:

(a) The cost is necessary and reasonable for the proper and efficient performance and administration of the IV-D contract.

(b) The cost is allocable to the support enforcement program under the provisions of 2 C.F.R., subtitle A, chapter II, part 200 (12/26/2013) (circular A-87 of the federal office of management and budget).

(d) The cost conforms to any limitation or exclusion under the provisions of 2 C.F.R., subtitle A, chapter II, part 200.

(e) The cost is consistent with policies, regulations, and procedures of the support enforcement program.

(f) Unless otherwise provided for in 2 C.F.R., subtitle A, chapter II, part 200, the cost is determined in accordance with generally accepted accounting principles.

(2) "Calendar quarter" means one of the following three-month time periods:

(a) January first through March thirty-first;

(b) April first through June thirtieth;

(d) October first through December thirty-first.

(3) "Contractor" refers to a private or governmental entity with whom the CSEA enters into a IV-D contract.

(4) "Governmental entity" includes the following entities in the same county as the CSEA:

(a) A court;

(b) A prosecutor or other law enforcement official;

(d) A clerk of court;

(e) A recorder's office;

(f) A treasurer's office; or

(g) Any other public or governmental agency or official.

(5) "Initiated by the CSEA" or "CSEA initiated" refers to an activity that is started by the CSEA, which includes but is not limited to:

(a) A complaint or motion filed by the CSEA, including a complaint or motion in which the CSEA requests to be joined as a party to the case; and

(b) A court hearing or other proceeding before a magistrate that is the result of a timely objection to an administrative recommendation, determination, decision, or order issued by the CSEA.

(6) "IV-D case" means a case that has been approved for IV-D services as described in rule 5101:12-10-01.1 of the Administrative Code.

(7) "IV-D contract" means a mutually binding, legal relationship obligating a private or governmental entity to provide IV-D services in a IV-D case or perform other administrative duties of the CSEA that pertain to a IV-D case in return for payment by the CSEA. A IV-D contract is executed through the JFS 07018, "IV-D Contract" (effective or revised effective date as identified in rule 5101:12-1-99 of the Administrative Code) and JFS 07037, "IV-D Contract Amendment" (effective or revised effective date as identified in rule 5101:12-1-99 of the Administrative Code).

(8) "IV-D contract documents" refers to the following forms (effective or revised effective date as identified in rule 5101:12-1-99 of the Administrative Code):

(a) JFS 01728, "Daily Time Sheet for Non-Dedicated Principal Staff";

(b) JFS 01729, "Monthly Time Sheet Summary for Non-Dedicated Principal Staff";

(d) JFS 01731, "Monthly Time Summary for Governmental Contractor";

(e) JFS 01772, "IV-D Contract Cover Letter";

(f) JFS 02015, "IV-D Contract Time Study";

(g) JFS 02151, "IV-D Contract Evaluation";

(h) JFS 07015, "Certification of Compliance with Competitive Sealed Bid Requirements";

(i) JFS 07016, "IV-D Contract Security Addendum";

(j) JFS 07018;

(k) JFS 07020, "Governmental Contractor IV-D Contract Budget";

(l) JFS 07034, "Governmental Contractor Monthly Expense Report";

(m) JFS 07035, "IV-D Contract Invoice"; and

(n) JFS 07037.

(9) "IV-D services" has the same meaning as in rule 5101:12-1-10.1 of the Administrative Code.

(10) "Law enforcement official" means district attorneys, attorneys general, and similar public attorneys and prosecutors and their staff.

(11) "Non-federal share" has the same meaning as in paragraph (A)(3)(a) of rule 5101:12-1-50 of the Administrative Code. The non-federal share is calculated by subtracting the current FFP reimbursement rate, as defined in rule 5101:12-1-60 of the Administrative Code, from one hundred per cent. The remaining percentage is the non-federal share.

(12) "Not initiated by the CSEA" or "non-CSEA initiated" refers to an activity that is not started by the CSEA, which includes but is not limited to:

(a) A court hearing or other proceeding held as a result of a complaint or motion filed by a private attorney or any entity other than the CSEA;

(b) An activity performed by the CSEA in response to an action filed by a private attorney or any other entity other than the CSEA including but not limited to witness testimony, preparation of guidelines calculations, or responding to subpoenas duces tecum; and

(13) "Private entity" means a company, organization, or individual that does not meet the definition of "governmental entity."

(14) "Reasonable cost" in accordance with 2 C.F.R., subtitle A, chapter II, part 200, means a cost that by its nature and amount does not exceed the cost that would be incurred by a prudent person under the circumstances prevailing at the time the decision was made to incur the cost. Considerations include but are not limited to whether:

(a) The cost is generally recognized as an ordinary and necessary operating expense;

(b) Sound business practices and arms-length bargaining have been utilized;

(d) The individuals involved in the IV-D contract process have acted with prudence considering the individuals' responsibilities to the CSEA; and

(e) The cost does not significantly deviate from established practices of the CSEA.

(15) "Total IV-D contract cost" means one hundred per cent of the cost of the services purchased or duties performed under a IV-D contract.

(1) In accordance with section 3125.14 of the Revised Code, the CSEA will enter into a IV-D contract with a court and law enforcement official in the same county as the CSEA to provide for the enforcement of a support order.

(2) If a court or law enforcement official declines or fails to enter into a IV-D contract with the CSEA, the CSEA will document any attempt to enter into a IV-D contract with the court or law enforcement official and retain the documentation in accordance with rule 5101:12-1-80.4 of the Administrative Code.

(D) Types of IV-D contracts.

The types of IV-D contracts that the CSEA may elect to enter into include but are not limited to:

(1) A IV-D contract with a prosecutor in the same county as the CSEA or a private attorney to provide legal services.

(2) A IV-D contract with a prosecutor in the same county as the CSEA to provide service of process, including warrants for arrest.

(3) A IV-D contract with the sheriff in the same county as the CSEA to provide service of process, including warrants for arrest.

The CSEA may enter into a IV-D contract with a person or private entity to provide service of process only when the CSEA determines that the sheriff is unable to provide the resources necessary for service of process in a timely manner.

(4) A IV-D contract with a private entity to provide service of process, excluding warrants for arrest.

(5) A IV-D contract with a court or a clerk of court in the same county as the CSEA to provide the duties of a clerk of court that are initiated by the CSEA.

(6) A IV-D contract with a court in the same county as the CSEA to provide magistrate services. The CSEA may elect to purchase:

(a) Only CSEA initiated activities; or

(b) Both CSEA initiated and non-CSEA initiated activities.

(7) A IV-D contract with a court in the same county as the CSEA for probation officer services to provide enforcement duties that target only individuals placed on probation for non-payment of child support when the enforcement duties of the probation officer are:

(a) Specifically for the purposes of assuring regular and continuing payments of child support; and

(b) Not generally a part of a probation officer's routine of monitoring the whereabouts and activities of an offender.

(8) A IV-D contract with a private entity to provide collection services.

In accordance with section 3125.30 of the Revised Code, the private entity will forward any payments collected under the IV-D contract to child support payment central, within the office of child support (OCS), within the Ohio department of job and family services, no later than one day after the receipt of the payments.

(E) Requirements when the CSEA enters into a IV-D contract with a court for magistrate services and the CSEA elects to purchase both CSEA initiated and non-CSEA initiated activities.

(1) The court will certify that all court hearings are conducted in compliance with Title IV-D of the Social Security Act, Pub. L. No. 93-647, 88 Stat. 2351 (1975), 42 U.S.C. 651 (8/22/1996), as amended up until the effective date of this rule, and the rules in division 5101:12 of the Administrative Code.

(2) A court hearing is defined as a hearing or other proceeding held as a result of a complaint or motion filed for the following reasons, including but not limited to:

(a) Establishment of paternity;

(b) Establishment and modification of a child support order or medical support order;

(d) Collection of a support obligation.

(3) No party may be charged court costs for a court hearing unless the court costs are mandated by state law. If court costs are assessed and collected, the contractor will report the collection as income on the JFS 07020.

(4) The CSEA will certify that each case listed on the JFS 07035 was an active, open IV-D case on the date that the court hearing was held.

(F) Limitations when the CSEA intends to enter into or enters into a IV-D contract with a prosecutor or private attorney to provide legal services as described in section 3125.17 of the Revised Code:

(1) The CSEA will not enter into a IV-D contract with a prosecutor or his or her employees as a private attorney during the prosecutor's term of office.

(2) The prosecutor or private attorney will not represent the CSEA on matters in which that prosecutor or private attorney participated as a CSEA administrative officer making administrative determinations or issuing administrative orders.

(G) Competitive sealed bid and proposal requirements for a IV-D contract with a private entity.

(1) A CSEA administered by a county department of job and family services (CDJFS) that intends to enter into a IV-D contract with a private entity may elect to use either the competitive sealed bid process described in section 307.86 of the Revised Code, or the competitive sealed proposal process described in section 307.862 of the Revised Code.

(2) A CSEA not administered by a CDJFS that intends to enter into a IV-D contract with a private entity will use the competitive sealed bid process described in section 307.86 of the Revised Code.

(3) A CSEA that is not administered by a CDJFS or a CSEA that is administered by a CDJFS that elects to use the competitive sealed bid process will comply with all competitive sealed bid requirements, including but not limited to the following:

(a) The standards for competitive sealed bidding, as described in sections 307.86, 307.861, 307.87, 307.88, 307.89, 307.90, 307.91, and 307.92 of the Revised Code;

(b) The standards for acquisition, county standards of conduct, contracting with small and minority business, women's business enterprise, and labor surplus area firms, procurement methods, competition, and purchase threshold, as described in Chapter 5101:9-4 of the Administrative Code; and

(c) The standards for procurement, competition, acquisition threshold, contracting with small and minority business, women's business enterprise, and labor surplus area firms, contract cost and price, awarding agency review, and bonding requirements, as described in 45 C.F.R. 92.36 (4/19/1995).

(4) The CSEA will complete and submit to OCS the JFS 07015 to either certify that the CSEA is in compliance with applicable state and federal laws regarding the competitive sealed bid requirements or indicate that the CSEA, if administered by a CDJFS, has elected to use the competitive sealed proposal process.

Last updated November 1, 2024 at 8:02 AM

History

Effective: November 1, 2024
Promulgated Under: 119.03

Ohio Adm.Code 5101:12-1-80.1 Completing the IV-D contract.

(A) The child support enforcement agency (CSEA) is responsible for the contents of the IV-D contract and all incorporated IV-D contract documents, regardless of whether the IV-D contract documents were prepared by the CSEA, the contractor, or another entity.

(B) The following IV-D contract terms are to be agreed upon by the parties to the IV-D contract and completed by the CSEA, the contractor, or another entity:

(1) IV-D contract period.

The IV-D contract period is for twelve months or less. When the IV-D contract period is less than twelve months, the CSEA may amend the IV-D contract to extend the IV-D contract period through the remainder of the twelve-month period or enter into a new IV-D contract for a period of twelve months or less.

(2) Unit of service.

(a) The unit of service represents the product that the CSEA is purchasing from the contractor. The CSEA and contractor will ensure that the unit of service is:

(i) Clearly defined in the IV-D contract;

(ii) Able to be accurately counted and measured;

(iii) Related to the objectives of the support enforcement program;

(iv) Eligible for federal financial participation (FFP) reimbursement; and

(v) Provided to, for, or on behalf of a IV-D case.

(b) In a IV-D contract with a court for magistrate services, the unit of service is to be defined as:

(i) An hour;

(ii) A court order that has been filed with the clerk of court; or

(iii) A court hearing presided over by a magistrate.

(c) In a IV-D contract with a clerk of court, a unit of service is to be defined as a filing of a CSEA initiated document.

(d) In a IV-D contract with a sheriff for services other than service of process, a unit of service is to be defined as an hour.

(e) In a IV-D contract with a prosecutor or private attorney for legal services, a unit of service is to be defined as an hour.

(f) In a IV-D contract with a private entity for a service other than legal services, a unit of service is to be defined according to the standard definition of a unit of service for that industry.

(3) Optional purchase of non-CSEA initiated activities.

In a IV-D contract with a court to provide magistrate services, the CSEA may elect to purchase:

(a) Only CSEA initiated activities; or

(b) Both CSEA initiated activities and non-CSEA initiated activities.

(4) IV-D contract costs.

(a) Unit rate.

(i) In a IV-D contract with a private entity, the unit rate is determined through the procurement process.

(ii) In a IV-D contract with a governmental entity:

(a) The governmental entity cannot earn a profit or other increment above allowable costs from the IV-D contract.

(b) For purposes of calculating the unit rate, the following definitions apply:

(i) "Dedicated unit" means the contractor has staff within a separately designated operational unit whose only duties are to perform activities under the IV-D contract.

(ii) "Non-dedicated unit" means the contractor has staff whose duties include performing activities under the IV-D contract as well as other activities.

(iii) "Program" means services provided by either a non-dedicated unit or a dedicated unit. Costs for the program consist of the total costs associated with the production of a unit of service by that non-dedicated or dedicated unit.

(c) In a IV-D contract with a governmental entity, the unit rate will be calculated on the JFS 07020, "Governmental Contractor IV-D Contract Budget" (effective or revised effective date as identified in rule 5101:12-1-99 of the Administrative Code), by using an estimate of the contractor's annual costs that are eligible for federal financial participation (FFP) reimbursement and an estimate of the income generated by the provider of the program.

(d) The contractor will calculate the unit rate on the JFS 07020 by:

(i) Including one hundred per cent of the costs of the principal staff of the non-dedicated unit.

(ii) Prorating the contractor's costs for staff, operations, and equipment.

(iii) Including an estimate of the income generated by the provider of the program.

(iv) Including the estimated number of total operating units to be produced by the principal staff during the IV-D contract period.

(v) Including the estimated number of units of service to be purchased during the IV-D contract period.

(b) Total IV-D contract cost.

(i) The total IV-D contract cost is calculated by multiplying the unit cost by the number of units of service expected to be purchased during the IV-D contract period.

(ii) The CSEA will ensure that the total IV-D contract cost includes both the non-federal share and the FFP reimbursement.

(a) In a IV-D contract with a private entity:

(i) The CSEA will pay the non-federal share of the total IV-D contract cost;

(ii) The contractor will not contribute the non-federal share of the total IV-D contract cost, either in cash or in kind; and

(iii) The FFP reimbursement will not be considered as the total IV-D contract cost.

(b) In a IV-D contract with a governmental entity, the contractor may provide the non-federal share of the total IV-D contract cost.

(iii) The CSEA will not pay the contractor more than the total IV-D contract cost.

(5) Availability of funds.

The CSEA will identify the amount and source of non-federal funds, as described in rule 5101:12-1-50 of the Administrative Code, and the amount of FFP reimbursement that is expected to be available for the reimbursement of services to the contractor.

(6) Performance standards.

(a) The performance standards will clearly describe the service or services that the CSEA is purchasing from the contractor and will be:

(i) In compliance with the requirements in 45 C.F.R. Part 303 (8/4/1989);

(ii) Consistent with and no less stringent than the rules in division 5101:12 of the Administrative Code;

(iii) Developed in consultation with the contractor;

(iv) Sufficiently detailed to clearly define the expected performance;

(v) Quantifiable; and

(vi) Measurable and clearly specify the method and frequency of measurement.

(b) Examples of performance standards are included in the JFS 07018-I, "Instructions for JFS 07018, IV-D Contract" (effective or revised effective date as identified in rule 5101:12-1-99 of the Administrative Code).

(c) The CSEA will attach a document to the JFS 07018, "IV-D Contract" (effective or revised effective date as identified in rule 5101:12-1-99 of the Administrative Code) that describes the performance standards for the IV-D contract. When the contractor and CSEA are amending the performance standards of a IV-D contract, the CSEA will attach a document to the JFS 07037, "IV-D Contract Amendment" (effective or revised effective date as identified in rule 5101:12-1-99 of the Administrative Code) that describes the amended performance standards.

(7) Access of program to public.

The CSEA and contractor will describe when the contractor will provide services to the public.

(1) The JFS 07018 and JFS 07037 will be signed and dated by:

(a) The authorized representative of the CSEA;

(b) The authorized representative of the contractor; and

(c) The majority of the commissioners in the county or a person formally authorized by the commissioners to sign on their behalf.

(2) If mandated by the county, the prosecutor will also sign the JFS 07018 and JFS 07037.

(D) Amending the IV-D contract.

(1) After a IV-D contract is in effect, the CSEA and contractor may agree to amend the IV-D contract terms as described in paragraph (B) of this rule at any time during the IV-D contract period by completing and submitting to the office of child support (OCS) the JFS 07037.

(a) OCS will review the IV-D contract amendment and determine whether the amendment is acceptable for purposes of FFP reimbursement.

(b) OCS will notify the CSEA of its determination.

(2) The CSEA will amend the IV-D contract to increase the total IV-D contract cost when the total IV-D contract cost amount is insufficient to provide services for the entire IV-D contract period and the CSEA desires to continue to purchase services for the remainder of the IV-D contract period.

(E) Modifying the IV-D contract.

Language in the JFS 07018 and JFS 07037 will not be modified, deleted, struck out, or added, except for the following:

(1) Before signing the IV-D contract or IV-D contract amendment, the CSEA or contractor may agree to modify the language contained in the IV-D contract or IV-D contract amendment.

(a) The CSEA will submit the proposed modifications to OCS.

(b) OCS will review the proposed modifications and determine whether the modifications are acceptable for purposes of FFP reimbursement.

(2) If the CSEA or contractor modifies the language in the IV-D contract or IV-D contract amendment without the agreement of both parties and acceptance from OCS, the modified IV-D contract or IV-D contract amendment will have no force or effect of law.

Last updated November 1, 2024 at 8:02 AM

History

Effective: November 1, 2024
Promulgated Under: 119.03

Ohio Adm.Code 5101:12-1-80.2 IV-D contract submission requirements and acceptance process.

(A) Submission requirements.

(1) The child support enforcement agency (CSEA) and contractor will not add any text to any of the IV-D contract documents, or make any modifications, deletions, or strike outs to the IV-D contract documents, whether to the face of or as an addenda to the IV-D contract documents with the following exceptions:

(a) The CSEA and contractor may agree to amend the IV-D contract in accordance with paragraph (D) of rule 5101:12-1-80.1 of the Administrative Code;

(b) The CSEA and contractor may agree to modify the IV-D contract in accordance with paragraph (E) of rule 5101:12-1-80.1 of the Administrative Code; or

(c) The CSEA and contractor may agree to modify the information in the insertable fields contained in the IV-D contract documents.

(2) The CSEA will retain the original, completed, and signed IV-D contract and all original completed IV-D contract documents and submit to the office of child support (OCS) a copy of the following completed IV-D contract documents, as applicable:

(a) For a IV-D contract between the CSEA and a private entity:

(i) The JFS 01772, "IV-D Contract Cover Letter" (effective or revised effective date as identified in rule 5101:12-1-99 of the Administrative Code);

(ii) The JFS 07015, "Certification of Compliance with Competitive Sealed Bid Requirements" (effective or revised effective date as identified in rule 5101:12-1-99 of the Administrative Code);

(iii) The JFS 07016, "IV-D Contract Security Addendum" (effective or revised effective date as identified in rule 5101:12-1-99 of the Administrative Code);

(iv) The JFS 07018, "IV-D Contract" (effective or revised effective date as identified in rule 5101:12-1-99 of the Administrative Code) and attached document that describes the performance standards;

(v) The resolution of the county commissioners that authorizes the IV-D contract expenditure or the minutes of the county commissioners meeting during which the IV-D contract was authorized, unless the county commissioners have delegated the authority to enter into the IV-D contract to the county department of job and family services (CDJFS). If such delegation of contracting authority has occurred, the CSEA will submit the certification of available funds in accordance with section 5705.41 of the Revised Code; and

(vi) Any other documents as requested by OCS.

(b) For a IV-D contract between the CSEA and a governmental entity:

(i) The JFS 01772;

(ii) The JFS 07016;

(iii) The JFS 07018 and attached document that describes the performance standards;

(iv) The JFS 07020, "Governmental Contractor IV-D Contract Budget" (effective or revised effective date as identified in rule 5101:12-1-99 of the Administrative Code);

(v) The summary page from the county's cost allocation plan, if indirect costs are included in the calculation of the budget;

(vi) The resolution of the county commissioners that authorizes the IV-D contract expenditure or the minutes of the county commissioners meeting during which the IV-D contract was authorized, unless the county commissioners have delegated the authority to enter into the IV-D contract to the CDJFS. If such delegation of contracting authority has occurred, the CSEA will submit the certification of available funds in accordance with section 5705.41 of the Revised Code; and

(vii) Any other documents as requested by OCS.

(i) The JFS 01772;

(ii) The JFS 07037, "IV-D Contract Amendment" (effective or revised effective date as identified in rule 5101:12-1-99 of the Administrative Code) and attached document that describes the amended performance standards, if applicable;

(iii) The resolution of the county commissioners that authorizes the IV-D contract expenditure or the minutes of the county commissioners meeting during which the IV-D contract was authorized, unless the county commissioners have delegated the authority to enter into the IV-D contract to the CDJFS. If such delegation of contracting authority has occurred, the CSEA will submit the certification of available funds in accordance with section 5705.41 of the Revised Code; and

(iv) Any other documents, as requested by OCS.

(d) For a IV-D contract amendment between the CSEA and a governmental entity:

(i) The JFS 01772;

(ii) The JFS 07037 and attached document that describes the amended performance standards, if applicable;

(iii) The JFS 07020;

(iv) The resolution of the county commissioners that authorizes the IV-D contract expenditure or the minutes of the county commissioners meeting during which the IV-D contract was authorized, unless the county commissioners have delegated the authority to enter into the IV-D contract to the CDJFS. If such delegation of contracting authority has occurred, the CSEA will submit the certification of available funds in accordance with section 5705.41 of the Revised Code; and

(v) Any other documents, as requested by OCS.

(B) Submission time frame.

In order to ensure that the CSEA will have sufficient time to make any necessary corrections to the IV-D contract or IV-D contract amendment and be eligible to receive federal financial participation (FFP) reimbursement for the entire IV-D contract period, OCS recommends that the CSEA submit the IV-D contract or IV-D contract amendment to OCS no later than the last day of the first month of the calendar quarter for which the CSEA expects to receive FFP reimbursement.

(1) OCS will conduct a review of a IV-D contract or IV-D contract amendment and all IV-D contract documents that will not exceed thirty days from the receipt of the IV-D contract or IV-D contract amendment. OCS will then make a determination of whether the IV-D contract or IV-D contract amendment appears to be valid and acceptable for purposes of FFP reimbursement in accordance with the following standards:

(a) Each IV-D contract cost appears to meet the definitions of "allowable cost" and "reasonable cost," as defined in paragraph (B) of rule 5101:12-1-80 of the Administrative Code.

(b) Each IV-D contract cost appears to be eligible for FFP reimbursement, in accordance with rules 5101:12-1-60 and 5101:12-1-60.1 of the Administrative Code.

(c) The unit of service appears to be eligible for FFP reimbursement, in accordance with rules 5101:12-1-60 and 5101:12-1-60.1 of the Administrative Code.

(d) The IV-D contract or IV-D contract amendment appears to comply with all applicable state and federal requirements.

(2) When OCS determines that a IV-D contract or IV-D contract amendment appears to be valid and acceptable for purposes of FFP reimbursement, OCS will issue a IV-D contract acceptance letter to the CSEA.

(3) OCS shall not accept a IV-D contract or IV-D contract amendment when:

(a) The IV-D contract or IV-D contract amendment does not appear to be valid or acceptable for purposes of FFP reimbursement, in accordance with the standards described in paragraph (C)(1) of this rule.

(b) The CSEA or contractor have added text other than the required information in the insertable fields contained in any of the IV-D contract documents, or modified the IV-D contract documents, whether to the face of or as an addenda to the IV-D contract document, without the agreement of both parties to the IV-D contract and without the approval from OCS for the modifications.

OCS will notify the CSEA when OCS determines that a IV-D contract or IV-D contract amendment does not appear to be valid and acceptable for purposes of FFP reimbursement. The CSEA may make any necessary corrections or submit to OCS a new IV-D contract or IV-D contract amendment, if appropriate.

(4) The OCS review is not intended to constitute an audit of the IV-D contract or IV-D contract amendment. The OCS review will not replace any review or audit that may be conducted by the Ohio department of job and family services, or any other federal, state, or local entity.

Last updated November 1, 2024 at 8:02 AM

History

Effective: November 1, 2024
Promulgated Under: 119.03

Ohio Adm.Code 5101:12-1-80.3 IV-D contract time and exception reporting, invoicing, monitoring, and evaluation.

(A) Time study for a IV-D contract with a court for magistrate services.

(1) The time study is used to calculate the IV-D multiplier and identify the average length of time needed to:

(a) Produce a court order, which will include the time spent preparing for and conducting a court hearing; or

(b) Conduct a court hearing.

The IV-D multiplier is a comparison of the average amount of time spent on activities that are reimbursable under the IV-D contract to the average amount of time spent on all recorded activities. The IV-D multiplier is also used to calculate the justified unit rate. The justified unit rate is used to determine the actual IV-D contract cost for invoicing purposes each month.

(2) A time study is necessary when the IV-D contract is with a court for magistrate services and all of the following conditions are met:

(a) The unit of service is defined as a court order or a court hearing;

(b) The IV-D contract is for child support enforcement agency (CSEA) initiated activities or both CSEA initiated activities and non-CSEA initiated activities; and

(3) The time study will be conducted:

(a) At least one time per year; and

(b) During a twelve-month period of time before the signature date on the IV-D contract; and

(i) Four consecutive weeks;

(ii) One week per quarter; or

(iii) Two consecutive weeks at two different intervals.

(4) Each magistrate who performs activities under the IV-D contract will complete one JFS 02015, "IV-D Contract Time Study" (effective or revised effective date as identified in rule 5101:12-1-99 of the Administrative Code) for each day of the time study.

(5) The contractor will submit to the CSEA all of the JFS 02015s upon completion of all of the time studies.

(6) The CSEA will review each JFS 02015 and work with the contractor to resolve any discrepancies in accuracy or completeness, if any. The CSEA will maintain documentation of the review of the JFS 02015s, the results of the review, and how any identified discrepancies were resolved.

(B) Time sheet and exception reporting.

(1) For purposes of completing a time sheet or exception report, the following definitions apply:

(a) "Dedicated principal staff" means principal staff, as listed on the JFS 07020, "Governmental Contractor IV-D Contract Budget" (effective or revised effective date as identified in rule 5101:12-1-99 of the Administrative Code), who work one hundred per cent of the time on activities that are reimbursable under the IV-D contract.

(b) "Non-dedicated principal staff" means principal staff, as listed on the JFS 07020, who work less than one hundred per cent of the time on activities that are reimbursable under the IV-D contract.

(2) Time sheet requirement for a IV-D contract with a private entity.

(a) When the unit of service is defined as an hour, the contractor will record the time spent each month on activities that are reimbursable under the IV-D contract on a time sheet that contains the following data elements and is signed by the contractor;

(b) Date;

(d) Time activity began;

(e) Time activity ended;

(f) Case number;

(g) Support enforcement tracking system (SETS) case number, if available; and

(h) Contractor's signature.

(3) Time sheet requirement for a IV-D contract with a governmental entity with non-dedicated principal staff.

When the unit of service is defined as an hour:

(a) The contractor will record and certify on the JFS 01728, "Daily Time Sheet for Non-Dedicated Principal Staff" (effective or revised effective date as identified in rule 5101:12-1-99 of the Administrative Code) the time spent each day on both activities that are reimbursable and not reimbursable under the IV-D contract.

(b) The CSEA has the option to mandate the contractor to record and certify on the JFS 01729, "Monthly Time Sheet Summary for Non-Dedicated Principal Staff" (effective or revised effective date as identified in rule 5101:12-1-99 of the Administrative Code) the time spent each month on both activities that are reimbursable and not reimbursable under the IV-D contract. If the CSEA requires the contractor to record time on the JFS 01729, the CSEA will include this requirement in the performance standards of the IV-D contract.

(c) The CSEA has the option to mandate the contractor to record on the JFS 01731, "Monthly Time Summary for Governmental Contractor" (effective or revised effective date as identified in rule 5101:12-1-99 of the Administrative Code) the time spent each month on both activities that are reimbursable and not reimbursable under the IV-D contract for each principal staff who completed a JFS 01728 for the month. If the CSEA mandates the contractor to record time on the JFS 01731, the CSEA will include this requirement in the performance standards of the IV-D contract.

(4) Exception report requirement for a IV-D contract with a governmental entity with dedicated principal staff.

When the unit of service is defined as an hour:

(a) The principal staff as listed on the JFS 07020 will record and certify on the JFS 01730, "Dedicated Principal Staff Exception Report" (effective or revised effective date as identified in rule 5101:12-1-99 of the Administrative Code) the dates and time spent each month on both activities that are reimbursable and not reimbursable under the IV-D contract; and

(b) The CSEA has the option to mandate the contractor to record on the JFS 01731 the time spent each month on both activities that are reimbursable and not reimbursable under the IV-D contract for each principal staff who completed a JFS 01730 for the month. If the CSEA mandates the contractor to record time on the JFS 01731, the CSEA will include this requirement in the performance standards of the IV-D contract.

(1) Invoicing for a IV-D contract with a governmental entity.

(a) The contractor will record the contractor's actual monthly costs on the JFS 07034, "Governmental Contractor Monthly Expense Report" (effective or revised effective date as identified in rule 5101:12-1-99 of the Administrative Code) to identify the justified unit rate. The contractor will submit the JFS 07034 to the CSEA within thirty days of the last day of the month in which services were performed.

(b) The CSEA will complete and submit to the office of child support (OCS) the JFS 07034 in the electronic spreadsheet format, that is posted to the Ohio department of job and family services (ODJFS) innerweb, within forty-five days of the last day of the month in which services were performed.

(c) The contractor will complete and submit to the CSEA the JFS 07035, "IV-D Contract Invoice" (effective or revised effective date as identified in rule 5101:12-1-99 of the Administrative Code) no later than thirty days after the last day of the month in which services were performed.

(d) The contractor will ensure that the cumulative amount invoiced to the CSEA during the IV-D contract period does not exceed the total IV-D contract cost.

(e) When the unit of service is defined as an hour, the contractor will multiply the justified unit rate by the actual time spent on activities purchased under the IV-D contract during the month to determine the actual IV-D contract cost for the month.

(f) When the unit of service is not defined as an hour, the contractor will multiply the justified unit rate by the number of units of service purchased during the month to determine the actual IV-D contract cost for the month.

(2) Invoice payment options for a IV-D contract with a governmental entity.

(a) The CSEA is responsible for paying the actual expenses as determined by the process described in paragraphs (C)(1)(a) to (C)(1)(f) of this rule.

(b) The CSEA may elect to pay the justified unit rate on a monthly basis as reported on the JFS 07034.

(c) The CSEA may elect to pay the unit rate as determined on the JFS 07020 and reconcile actual expenses to budgeted expenses on a quarterly basis. If the CSEA elects to reconcile actual expenses to budgeted expenses on a quarterly basis, the CSEA will:

(i) Within forty-five days of the end of the calendar quarter, reconcile the actual expenses to the amount paid during the calendar quarter; and

(ii) Annually certify on the JFS 02151, "IV-D Contract Evaluation" (effective or revised effective date as identified in rule 5101:12-1-99 of the Administrative Code) that the monetary reconciliation occurred for each calendar quarter during the IV-D contract period.

(3) Invoicing for a IV-D contract with a private entity.

(a) The contractor will complete and submit to the CSEA the JFS 07035 no later than thirty days after the last day of the month in which services were performed.

(b) The contractor will multiply the unit rate by the number of units of service provided during the month to determine the IV-D contract costs for the month.

(c) The contractor will ensure that the cumulative amount invoiced to the CSEA during the IV-D contract period does not exceed the total IV-D contract cost.

(D) Invoice approval.

(1) Within thirty days of receipt of the JFS 07035, the CSEA will:

(a) Review the JFS 07035; and,

(b) When the CSEA determines that the JFS 07035 is completed correctly, approve the JFS 07035 for payment.

(2) When the CSEA determines that the JFS 07035 is not completed correctly, the CSEA will:

(a) Request the contractor amend the JFS 07035; and

(b) Within thirty days of receipt of an amended JFS 07035 that has been completed correctly, approve the amended JFS 07035 for payment.

(E) Monitoring.

(1) The CSEA will:

(a) Monitor all activities performed under the IV-D contract to ensure that all support enforcement program requirements are met in accordance with the rules in division 5101:12 of the Administrative Code.

(b) Only reimburse the contractor for activities provided to, for, or on behalf of a case that was in open IV-D status at the time of the activity.

(c) Review the JFS 07034 that is submitted by the contractor each month in order to monitor any variation between the unit rate as listed on the JFS 07020 and the justified unit rate as calculated on the JFS 07034.

(d) Ensure that the cumulative amount reimbursed to the contractor does not exceed the total IV-D contract cost as listed on the JFS 07018, "IV-D Contract" (effective or revised effective date as identified in rule 5101:12-1-99 of the Administrative Code) or the JFS 07037, "IV-D Contract Amendment" (effective or revised effective date as identified in rule 5101:12-1-99 of the Administrative Code).

(2) OCS will:

(a) Review the JFS 07034 within thirty days from the date that OCS receives the JFS 07034 from the CSEA in order to monitor any variation between the unit rate as listed on the JFS 07020 and the justified unit rate as calculated on the JFS 07034.

(b) Ensure that the cumulative amount reimbursed to the contractor does not exceed the total IV-D contract cost as listed on the JFS 07018 or JFS 07037.

(F) Evaluation.

The CSEA will:

(1) Evaluate a IV-D contract by completing a JFS 02151. The CSEA will conduct the evaluation any time after the third quarter of the IV-D contract period but no later than ninety days after the conclusion of the IV-D contract period.

(2) Issue a copy of the JFS 02151 to the contractor and OCS within thirty days of completing the JFS 02151.

Last updated November 1, 2024 at 8:03 AM

History

Effective: November 1, 2024
Promulgated Under: 119.03

Ohio Adm.Code 5101:12-1-80.4 IV-D contract record retention.

(A) The child support enforcement agency (CSEA) and contractor will retain all IV-D contract records:

(1) For a period of three years after the final payment is made to the contractor and all matters relating to the IV-D contract are concluded; or

(2) In accordance with the county records commission in the county in which the CSEA serves, when the county records commission mandates a retention period of more than three years.

(B) IV-D contract records include but are not limited to:

(1) Documents generated as a result of the procurement process, when applicable, including proof of formal advertising and the selection of the contractor;

(2) A list of potential contractors contacted when the total IV-D contract cost is for an amount that is less than twenty-five thousand dollars or, when the county in which the CSEA serves has a contract threshold requirement that is less than twenty-five thousand dollars, the total IV-D contract cost is for an amount that is less than the local contract threshold requirement;

(3) All IV-D contract documents;

(4) Documentation of any attempt to enter into a IV-D contract with the court or law enforcement official;

(5) Any documentation that the sheriff is unable to provide the resources necessary for service of process in a timely manner when the CSEA attempts to enter into a IV-D contract with a sheriff;

(6) Any documentation from the sheriff that the sheriff charges other agencies service of process fees;

(7) Financial records;

(8) Statistical records;

(9) Any documents or correspondence, including electronic correspondence, from the office of child support (OCS) or the federal office of child support enforcement regarding the IV-D contract; and

(10) All other records regarding delivery of services under the IV-D contract.

(C) When an audit, litigation, or other action involving the IV-D contract is started before the end of the retention period, the CSEA and contractor will retain the IV-D contract records until all issues are resolved.

(D) The CSEA and contractor will make the IV-D contract records available to any authorized governmental representative during reasonable times. A governmental representative includes but is not limited to a representative from the:

(1) United States department of health and human services;

(2) Comptroller general of the United States;

(3) State of Ohio;

(4) County auditor; and

(5) CSEA.

(E) The CSEA will obtain approval from the county records commission before destroying the IV-D contract records.

Last updated November 1, 2024 at 8:03 AM

History

Effective: November 1, 2024
Promulgated Under: 119.03

Ohio Adm.Code 5101:12-1-85 Statewide genetic testing contract.

(A) The Ohio department of job and family services (ODJFS) may enter into a contract with a laboratory that performs legally and medically acceptable genetic testing (hereinafter referred to as "contractor") to perform genetic testing in IV-D cases.

ODJFS shall provide a list of laboratories that perform legally and medically acceptable genetic testing upon the request of a court, law enforcement official, child support enforcement agency (CSEA), or a member of the public.

(B) A CSEA may participate in the statewide genetic testing contract (hereinafter referred to as "contract") by contacting the contractor to initiate services. Participation in the contract does not preclude the CSEA from contracting with another laboratory to perform genetic testing.

(C) ODJFS shall pay the cost of genetic testing performed under the contract when the cost of genetic testing for the case is eligible for federal financial participation (FFP) and:

(1) There is not a final and enforceable determination of paternity, as described in paragraph (A)(6) of rule 5101:12-40-05 of the Administrative Code;

(2) A JFS 07038, "Acknowledgment of Paternity Affidavit" (effective or revised effective date as identified in rule 5101:12-1-99 of the Administrative Code), was signed by the mother and father and an action was filed to rescind the JFS 07038 within sixty days of the signing of the JFS 07038, in accordance with paragraph (C) of rule 5101:12-40-17 of the Administrative Code; or

(3) There is a final and enforceable determination of paternity and:

(a) An action was brought, pursuant to section 3111.28 of the Revised Code, by a man presumed to be the father of the child who did not sign the JFS 07038, either person who signed the JFS 07038, or a guardian or legal custodian of the child no later than one year after a JFS 07038 becomes final to rescind the JFS 07038 and the CSEA receives a court order to conduct genetic testing;

(b) A court has ordered the CSEA to conduct genetic testing as a result of one of the parties filing a motion under rule 60(B) (7/1/1970) of the Rules of Civil Procedure; or

(c) A person has filed a motion for relief from a determination of paternity or a support order in accordance with section 3119.961 of the Revised Code and:

(i) The CSEA has intervened in the action in order to defend the original paternity determination or the child support order; or

(ii) The CSEA receives a court order to conduct genetic testing.

(D) Invoice procedures.

(1) Each month, the contractor is required to submit an invoice to each CSEA for whom the contractor completed genetic testing or conducted partial testing. "Completed genetic testing" means the contractor issued genetic testing results on a case. "Partial testing" means the contractor could not complete genetic testing for a case because genetic testing samples for all the necessary parties were not received by the laboratory.

(2) Within five business days of receipt of the invoice, the CSEA shall review, sign, and mail or electronically transmit a facsimile of the invoice, along with any attachments, to the contractor.

(3) When there is a discrepancy on the invoice, the CSEA shall note the discrepancy and any necessary adjustment to the total amount billed on the invoice. A discrepancy exists when:

(a) The cost of completed genetic testing or partial testing was included on the invoice on a case that did not meet the requirements described in paragraph (C) of this rule; or

(b) Completed genetic testing was approved for payment in a previous invoice.

A CSEA that fails three times within the contract period to return the invoice to the contractor within five business days of receipt may be removed from participation in the contract for the remainder of the contract period. ODJFS shall notify the CSEA thirty days in advance of such removal.

(4) The contractor shall submit a final invoice and copies of approved or adjusted invoices and any attachments received from the CSEA to ODJFS.

(5) ODJFS shall pay the final invoice amount.

(E) The CSEA shall be responsible for paying for completed genetic testing or partial testing that was performed at the CSEA's request and did not meet the requirements described in paragraph (C) of this rule.

(F) When reimbursement is received for genetic testing costs that were paid or will be paid by ODJFS, the CSEA shall ensure that the collection is disbursed to ODJFS. A CSEA that fails to ensure the proper disbursement of such collection may be removed from participation in the statewide genetic testing contract for the remainder of the contract period. ODJFS shall notify the CSEA thirty days in advance of such removal.

When reimbursement is received for genetic testing costs for which the CSEA paid the local share on or after October 1, 2006, the CSEA may recover the local share. In order to recover the local share the CSEA shall track such collections and report the collections to ODJFS on a monthly basis in the format designated by ODJFS. ODJFS shall make the appropriate financial adjustments.

(G) When a CSEA has been prohibited from participating in the contract, the CSEA shall secure a local genetic testing contract.

Last updated January 3, 2024 at 1:50 PM

History

Effective: May 1, 2014
Promulgated Under: 119.03

Ohio Adm.Code 5101:12-1-90 Account information access agreements.

(A) The federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Pub. L. No. 104-193, 110 Stat. 2105 (1996), 42 U.S.C. 666(a)(17) January 1, 1998, enacted in Ohio as sections 3121.74 to 3121.78 and 3123.24 to 3123.38 of the Revised Code, requires that states enter into agreements with financial institutions doing business in the state to conduct quarterly matches of obligors who owe past-due support with funds on deposit in the financial institution.

(B) The office of child support (OCS) in the Ohio department of job and family services (ODJFS) is authorized to enter into account information access agreements with financial institutions doing business in this state and with financial institutions doing business in other states.

OCS has joined an alliance of states for the purpose of participating in the financial institution data match (FIDM) program with financial institutions doing business in Ohio. The alliance facilitates the use of the FIDM program with a single state financial institution (SSFI) that does business in Ohio and with SSFIs in other states that do business only within the state in which they are located. A "single state financial institution" is a financial institution conducting business in only one state.

Last updated September 4, 2026 at 10:57 AM

History

Effective: December 1, 2011
Promulgated Under: 119.03

Ohio Adm.Code 5101:12-1-99 Chapter 5101:12-1 forms - Ohio support enforcement program.

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 01709, "Confidentiality of Information Reference Guide" (11/2011);

(B) JFS 01728, "Daily Time Sheet for Non-Dedicated Principal Staff" (rev. 10/2024);

(D) JFS 01730, "Dedicated Principal Staff Exception Report" (2/2009);

(E) JFS 01731, "Monthly Time Summary for Governmental Contractor" (2/2009);

(F) JFS 01772, "IV-D Contract Cover Letter" (rev. 10/2024);

(G) JFS 02015, "IV-D Contract Time Study" (rev. 2/2009);

(H) JFS 02151, "IV-D Contract Evaluation" (rev. 10/2024);

(I) JFS 02750, "Child Support Enforcement Agency Quarterly Financial Certification" (rev. 6/2020)

(J) JFS 04001, "Request for Case Information" (11/2011);

(K) JFS 04234, "Annual Full-Time Equivalent Report" (rev. 1/2008);

(L) JFS 07014, "Tax Information Safeguarding Authorization Agreement" (rev. 4/2008);

(M) JFS 07015, "Certification of Compliance with Competitive Sealed Bid Requirements" (rev. 10/2024);

(N) JFS 07016, "IV-D Contract Security Addendum" (rev. 11/2022);

(O) JFS 07018, "IV-D Contract" (rev. 10/2024);

(P) JFS 07018-I, "Instructions for JFS 07018, IV-D Contract (10/2024)

(Q) JFS 07019, "Federal Tax Information Item Tracking Log" (4/2008);

(R) JFS 07020, "Governmental Contractor IV-D Contract Budget" (rev. 2/2009);

(S) JFS 07034, "Governmental Contractor Monthly Expense Report" (rev. 2/2009);

(T) JFS 07035, "IV-D Contract Invoice" (rev. 2/2009);

(U) JFS 07037, "IV-D Contract Amendment" (rev. 10/2024);

(V) JFS 07038, "Acknowledgment of Paternity Affidavit" (rev. 10/2023) or (rev. 11/2024);

(W) JFS 07072, "Safeguarding of Internal Revenue Service (IRS), Ohio Department Of Taxation (ODT), Federal Parent Locator Service (FPLS), and Unemployment Compensation (UC) Information" (rev. 11/2022);

(X) JFS 07078, "Code of Responsibility" (rev. 3/2020);

(Y) JFS 07729, "FTI Safeguarding Workbook" (rev. 11/2022);

(Z) JFS 07766, "Child Support Guideline Manual" (rev. 4/2026);

(AA) JFS 07767, "Ohio Basic Child Support Guideline Schedule" (rev. 6/2023);

(BB) JFS 07768, "Sole/Shared Child Support Computation Worksheet" (rev. 3/2019); and

(CC) JFS 07769, "Split Parenting Child Support Computation Worksheet" (rev. 3/2019).

Last updated September 16, 2026 at 11:43 PM

History

Effective: April 1, 2026
Promulgated Under: 119.03

Chapter 5101:12-10 Disposition: Undistributed Support Payments

Ohio Adm.Code 5101:12-10-01 Request for services.

(A) This rule describes requests for services from a child support enforcement agency (CSEA).

(B) Definitions found in rule 5101:12-1-10 of the Administrative Code apply to this rule and its supplemental rules.

(C) In accordance with section 3125.36 of the Revised Code, a CSEA will make available a IV-D application to all persons requesting a CSEA's assistance in an action under sections 3111.01 to 3111.18 of the Revised Code or in an administrative proceeding brought to establish a parent and child relationship, to establish or modify an administrative support order, or to establish or modify an order to provide health insurance coverage for the children subject to a support order.

(D) A request for services is initiated when a CSEA receives:

(1) A referral of a support order from a court;

(2) A signed IV-D application; or

(3) A IV-D referral.

Last updated June 16, 2023 at 9:04 AM

History

Effective: June 15, 2023
Promulgated Under: 119.03

Ohio Adm.Code 5101:12-10-01.1 IV-D application and IV-D referral.

(A) IV-D application.

(1) The child support enforcement agency (CSEA) will make IV-D applications readily accessible to the public. The CSEA will provide a IV-D application to an individual requesting services on the day the individual makes a request in person or send a IV-D application to the individual within five working days of a written or telephone request.

(2) The CSEA will not mandate an application, other request for services, or an application fee from any individual who is eligible to receive IV-D services as a result of a referral described in paragraph (B) of this rule, unless, after receipt of the IV-D referral, IV-D services were terminated in accordance with rule 5101:12-10-70 of the Administrative Code.

(3) The CSEA will charge a one dollar IV-D application fee when an individual files a IV-D application. The CSEA may request the applicant to pay the IV-D application fee or may absorb the IV-D application fee.

(4) The CSEA will accept a completed and signed IV-D application as filed on the day the IV-D application was received by the CSEA and the application fee was received or absorbed by the CSEA.

(5) When IV-D services were previously terminated, the individual will file a new IV-D application and be charged an application fee unless:

(a) The CSEA receives a IV-D referral; or

(b) The CSEA reopens the IV-D case for administrative reasons.

(B) A IV-D referral may be received from:

(1) A county department of job and family services (CDJFS) as a result of an application for medicaid benefits when there is an existing support order for the child or as a result of an application for Ohio works first (OWF);

(2) A Title IV-E agency that resulted from a determination of eligibility for foster care maintenance (FCM) benefits; or

(3) The Ohio interstate central registry as a result of the receipt of a Uniform Interstate Family Support Act interstate petition in accordance with 42 U.S.C. 666(f) (12/14/1999) for a IV-D case.

(C) When IV-D services were previously terminated and the CSEA receives a new IV-D referral from a CDJFS, medicaid, or Title IV-E agency, the CSEA will conduct a thorough investigation, which may include a face-to-face interview, phone contact with the recipient of services, or other form of investigation, within the twenty day time frame. If the facts underlying the termination of IV-D services have not changed and are documented in the case record and no new information is available to help provide IV-D services, then the case does not need to be reopened.

(D) The CSEA will approve a completed and signed IV-D application or a IV-D referral for IV-D services unless the IV-D application or IV-D referral meets a denial criteria described in paragraph (E) of this rule.

(E) The CSEA will deny IV-D services to a IV-D application or a IV-D referral when:

(1) The non-custodial parent is seeking to locate a child;

(2) The parent who has been granted custody of a child is seeking to locate and recover that child who may have been removed by the non-custodial parent (in this circumstance the CSEA should refer to rule 5101:12-20-10 of the Administrative Code concerning location services for parental kidnapping and child custody cases);

(3) An adult child is seeking to locate a parent;

(4) A child is attempting to reunite with a sibling;

(5) The applicant is requesting reimbursement for medical costs that have not been reduced to a dollar amount in a court order;

(6) The applicant requests services that are not available from the CSEA (in this circumstance, the CSEA is responsible for determining, based on the facts and circumstances of the application, whether the requested service is or is not available);

(7) The referral is for a pregnant woman with no other child;

(8) The case has already been approved for IV-D services;

(9) The child has attained the age of majority unless:

(a) The child is attending an accredited high school on a full-time basis and has not attained the age of nineteen;

(b) A court order has made special provisions that would extend the duty of support beyond the child's minority;

(d) IV-D services are requested to collect arrears; or

(10) The applicant is not a parent, alleged father of the child, or primary caregiver as determined in accordance with rule 5101:12-60-60 of the Administrative Code.

(F) The CSEA may deny IV-D services to a IV-D application when the application does not provide minimum information necessary to attempt location efforts: names of the participants and either dates of birth or social security numbers of the participants; and the CSEA has made diligent efforts to obtain the information necessary to attempt location.

Last updated April 3, 2024 at 8:34 AM

History

Effective: April 3, 2024
Promulgated Under: 119.03

Ohio Adm.Code 5101:12-10-02 Case intake.

(A) Within twenty days of receipt of a request for services, as described in rule 5101:12-10-01 of the Administrative Code, the child support enforcement agency (CSEA) shall:

(1) Establish a case record, as described in rule 5101:12-10-05 of the Administrative Code;

(2) Determine if there is enough location information to proceed with the case and, if not, request additional information or refer the case for additional location attempts;

(3) Issue the following forms to the applicant for services:

(a) JFS 07647, "Notice of Case Status Application" (effective or revised effective date as identified in rule 5101:12-10-99 of the Administrative Code);

(b) JFS 07012, "Explanation of State Hearing Procedures (Rights and Responsibilities of Parents Receiving Child Support Services)" (effective or revised effective date as identified in rule 5101:12-10-99 of the Administrative Code); and

(4) Determine which county has administrative responsibility for the case in accordance with rules 5101:12-10-03 and 5101:12-10-04 of the Administrative Code and, if appropriate, transfer the case to the CSEA with administrative responsibility.

(B) The CSEA may, but is not required to, conduct an interview with the applicant for services to obtain information necessary for the establishment or enforcement of a support order.

Last updated June 16, 2023 at 9:04 AM

History

Effective: June 15, 2023
Promulgated Under: 119.03

Ohio Adm.Code 5101:12-10-03 Administrative responsibility.

(A) This rule describes which child support enforcement agency (CSEA) has administrative responsibility for a case. Administrative responsibility for intergovernmental cases is described in rule 5101:12-10-04 of the Administrative Code. The CSEA with administrative responsibility will provide all support enforcement program services.

(B) General principles regarding administrative responsibility.

(1) When a CSEA receives a request for services pursuant to rule 5101:12-10-01 of the Administrative Code, the CSEA shall have administrative responsibility unless a legal basis exists which precludes that CSEA from assuming administrative responsibility.

(a) For the purpose of this rule "legal basis" means that the CSEA has determined, based on the facts and circumstances of the case, that no legal authority exists which will allow the CSEA to provide support enforcement program services and allows the CSEA to proceed in accordance with paragraph (F) of this rule.

(b) In making the determination regarding the CSEA's authority to proceed, the CSEA will be bound by the administrative responsibility provisions of paragraphs (C), (D), and (E) of this rule.

(2) When administrative responsibility for a case has not been determined or is disputed and a CSEA is willing to accept the administrative responsibility and such acceptance would ensure that state and federal program requirements are met, then that CSEA will be considered the CSEA with administrative responsibility.

(3) When administrative responsibility for a case is disputed and based on the facts and circumstances of the case, any of the CSEAs involved may have administrative responsibility, these CSEAs will collaborate to resolve which CSEA has administrative responsibility.

(4) When administrative responsibility for a case is disputed and not addressed by this rule, a CSEA may request the office of child support (OCS) to resolve which CSEA has administrative responsibility. The CSEA will provide to OCS the following:

(a) Verification that an attempt has been made to resolve the dispute, and

(b) Written description of the facts and circumstances that have led to the dispute.

(C) Administrative responsibility for the determination of the existence or non-existence of a father and child relationship.

(1) When an action to determine the existence or non-existence of a father and child relationship is pending before a court, the CSEA in the same county as the court has administrative responsibility.

(a) When the court dismisses the action without issuing a paternity determination, the CSEA in the county in which the child or the legal guardian or custodian or caretaker of the child resides has administrative responsibility.

(b) When the court relinquishes or transfers jurisdiction to a court in another Ohio county and the court in the other county has accepted jurisdiction, the CSEA in the other county has administrative responsibility.

(c) When the court relinquishes or transfers jurisdiction to a court in another Ohio county and the court in the other county does not accept jurisdiction, the CSEA retains administrative responsibility.

(2) When there is not a pending action to determine the existence or non-existence of a father and child relationship before a court, the CSEA in the county in which the child or the child's guardian, legal custodian or caretaker resides has administrative responsibility.

When the child or the child's guardian, legal custodian or caretaker moves to another Ohio county and the CSEA:

(a) Has successfully completed service of process on the alleged father and the mother of the child, the CSEA retains administrative responsibility.

(b) Has not successfully completed service of process on the alleged father and the mother of the child, the CSEA in the county in which the child or the child's guardian, legal custodian or caretaker resides has administrative responsibility.

(3) When the alleged father is deceased, the CSEA in the county in which proceedings for the probate of the alleged father's estate have been or can be commenced will have administrative responsibility.

(D) Administrative responsibility for the establishment of a child support order.

(1) When an action to establish a child support order is pending before a court, the CSEA in the same county as the court has administrative responsibility.

(a) When the court dismisses the action without issuing a child support order, the CSEA in the county in which the parent, guardian, custodian, or caretaker of the child resides has administrative responsibility.

(b) When the court relinquishes or transfers jurisdiction to a court in another Ohio county and the other court accepts jurisdiction, the CSEA in the other county has administrative responsibility.

(c) When the court relinquishes or transfers jurisdiction to a court in the same county and the other court does not accept jurisdiction, the CSEA retains administrative responsibility.

(d) When the court relinquishes or transfers jurisdiction to a court in another Ohio county and the other court does not accept jurisdiction, the CSEA retains administrative responsibility.

(2) When a juvenile court has jurisdiction over a child, the CSEA in the same county as the juvenile court has administrative responsibility.

(a) When the juvenile court dismisses the action without issuing a child support order, the CSEA in the county in which the parent, guardian, custodian, or caretaker of the child resides has administrative responsibility.

(b) When the juvenile court relinquishes or transfers jurisdiction to a court in another Ohio county and the other court accepts jurisdiction, the CSEA in the other county has administrative responsibility.

(c) When the juvenile court relinquishes or transfers jurisdiction to a court in the same county and the other court accepts jurisdiction, the CSEA retains administrative responsibility.

(d) When the juvenile court relinquishes or transfers jurisdiction to a court in another Ohio county and the other court does not accept jurisdiction, the CSEA retains administrative responsibility.

(e) If the juvenile court that has jurisdiction over the child subsequently determines that it does not have jurisdiction to establish a child support order, the CSEA in the county in which the parent, guardian, custodian, or caretaker of a child resides or the person with whom a child resides has administrative responsibility.

(3) When a child support order had been issued for the same parties and child but is now terminated or dismissed and no balances are owed, then the CSEA in the county in which the parent, guardian, custodian, or caretaker of the child resides or the person with whom the child resides has administrative responsibility.

(4) When a child support order had been issued for the same parties and child and is now terminated but balances are still owed, the CSEA in the county in which the support order was issued retains administrative responsibility to collect the remaining balances. When either party requests the establishment of a new support order, the CSEA in the county in which the parent, guardian, custodian, or caretaker of the child resides or the person with whom the child resides has administrative responsibility.

(5) When the CSEA brings an action to establish a child support order before the court and the court subsequently determines that it does not have jurisdiction to establish a child support order, the CSEA in the county in which the parent, guardian, custodian, or caretaker of the child resides or the person with whom a child resides has administrative responsibility.

(6) When a child support order has never been issued and the duty of support is based on a final and enforceable determination of paternity or a presumption of paternity other than a JFS 07038, "Acknowledgment of Paternity Affidavit" (effective or revised effective date as identified in rule 5101:12-1-99 of the Administrative Code), the CSEA in the county in which the parent, guardian, custodian, or caretaker of a child resides or the person with whom a child resides has administrative responsibility.

(a) When the applicant for services moves to another Ohio county and the CSEA:

(i) Has successfully completed service of process on the parties, the CSEA retains administrative responsibility.

(ii) Has not successfully completed service of process on the parties, the CSEA in the county in which the parent, guardian, custodian, or caretaker of the child resides or the person with whom the child resides has moved has administrative responsibility.

(b) When the CSEA brings an action to establish a child support order before a court and the court subsequently determines that it does not have jurisdiction to establish a child support order, the CSEA in the county in which the parent, guardian, custodian, or caretaker of the child resides or the person with whom the child resides has administrative responsibility.

(7) When the presumption of paternity is based on a JFS 07038, the CSEA in the county in which the parent who signed the JFS 07038 and is the applicant for services resides has administrative responsibility.

(a) When the applicant for services moves to another Ohio county and the CSEA:

(i) Has successfully completed service of process on the parties, the CSEA retains administrative responsibility.

(ii) Has not successfully completed service of process on the parties, the CSEA in the county in which the applicant for services resides has administrative responsibility.

(E) Administrative responsibility for the enforcement of a support order, modification, or redirection of a child support order.

(1) When an Ohio court has issued a support order, adopted an administrative child support order, or accepted jurisdiction of a support order from another Ohio court, the CSEA in the same county as the court has administrative responsibility.

(a) When the applicant for services moves to another Ohio county, the CSEA retains administrative responsibility.

(b) When the court support order is terminated and balances are still owed, the CSEA retains administrative responsibility.

(c) When the court relinquishes or transfers jurisdiction of the support order to a court in another Ohio county, the CSEA in the same county as the court that accepted jurisdiction has administrative responsibility.

(d) When the court relinquishes or transfers jurisdiction of the support order to a court in another Ohio county and the other court does not accept jurisdiction, the CSEA retains administrative responsibility.

(2) When a CSEA has issued an administrative child support order, that CSEA has administrative responsibility.

(a) When the applicant for services moves to another Ohio county, the CSEA retains administrative responsibility.

(b) When the administrative child support order is terminated and balances are still owed, the CSEA retains administrative responsibility.

(F) Case transfer.

(1) The CSEA that completed case intake or most recently had administrative responsibility will transfer a case to another CSEA in accordance with this rule.

(2) "Case transfer" includes electronically transferring the case in the support enforcement tracking system (SETS). "Case transfer" also includes mailing any hard-copy documents contained in the case record that are necessary to provide support enforcement program services to the CSEA with administrative responsibility.

When the CSEA mails hard-copy documents, the CSEA will include a cover letter that identifies the parties, the reason the hard-copy documents are being mailed, and the name and telephone number of a contact person in the CSEA that mailed the hard-copy documents.

(3) The CSEA will complete the case transfer within ten days of determining that another CSEA has administrative responsibility for the case.

Last updated April 3, 2024 at 1:40 PM

History

Effective: April 3, 2024
Promulgated Under: 119.03

Ohio Adm.Code 5101:12-10-04 Administrative responsibility for an intergovernmental case.

(A) This rule describes which child support enforcement agency (CSEA) has administrative responsibility for an intergovernmental case. Administrative responsibility for a non-intergovernmental case is described in rule 5101:12-10-03 of the Administrative Code. The CSEA with administrative responsibility will provide all support enforcement program services.

(B) General principles regarding administrative responsibility.

(1) When a CSEA receives a request for services pursuant to rule 5101:12-10-01 of the Administrative Code, the CSEA will have administrative responsibility unless a legal basis exists, which precludes that CSEA from assuming administrative responsibility.

(a) For the purpose of this rule "legal basis" means that the CSEA has determined, based on the facts and circumstances of the case, that no legal authority exists, which will allow the CSEA to provide support enforcement program services and allows the CSEA to proceed in accordance with paragraph (F) of this rule.

(b) In making the determination regarding the CSEA's authority to proceed, the CSEA will be bound by the administrative responsibility provisions of paragraphs (C), (D), and (E) of this rule.

(a) Verification that an attempt has been made to resolve the dispute, and

(b) Written description of the facts and circumstances that have led to the dispute.

(1) Administrative responsibility for the determination of the existence or non-existence of a father and child relationship.

(a) The CSEA where the applicant for services resides has administrative responsibility.

(b) When the applicant for services moves to another Ohio county and the CSEA:

(i) Is preparing a Uniform Interstate Family Support Act (UIFSA)(9/29/2014) petition and the applicant for services has completed and submitted all documents necessary for the UIFSA petition, the CSEA retains administrative responsibility.

(ii) Is preparing a UIFSA petition and the applicant for services has not completed and submitted all documents necessary for the UIFSA petition, the CSEA in the county in which the applicant for services resides has administrative responsibility.

(2) Administrative responsibility for the establishment of a child support order.

(a) The CSEA where the applicant for services resides has administrative responsibility.

(b) When the applicant for services moves to another Ohio county and the CSEA:

(i) Is preparing a UIFSA petition and the applicant for services has completed and submitted all documents necessary for the UIFSA petition, the CSEA retains administrative responsibility.

(3) Administrative responsibility for the enforcement of a support order.

(a) When an applicant for services requests the enforcement of an Ohio support order, the CSEA in the county in which the court or CSEA that issued the support order retains administrative responsibility for enforcement.

(b) When an applicant for services requests the enforcement of an order from another state or jurisdiction, the CSEA in the county in which the applicant for services resides has administrative responsibility to initiate a UIFSA petition to another jurisdiction.

When the applicant moves to another Ohio county and the CSEA:

(i) Is preparing a UIFSA petition and the applicant for services has completed and submitted all documents necessary for the UIFSA petition, the CSEA retains administrative responsibility.

(ii) Is preparing a UIFSA petition and the applicant for services has not completed and submitted all documents necessary for the interstate petition, the CSEA in the county in which the applicant for services resides has administrative responsibility.

(4) Administrative responsibility for the modification of a support order.

(a) When an applicant for services requests the modification of an Ohio order, the CSEA in the county in which the court or CSEA that issued the support order has administrative responsibility for modification.

When the applicant for services moves to another county, the court or CSEA that issued the support order retains administrative responsibility.

(b) When an applicant for services requests the modification of an order from another state or jurisdiction, the CSEA in the county in which the applicant for services resides has administrative responsibility to initiate a UIFSA petition to another state or jurisdiction.

(i) New case that is not already existing in support enforcement tracking system (SETS). When the applicant moves to another Ohio county and the CSEA:

(a) Is preparing a UIFSA petition and the applicant for services has completed and submitted all the documents necessary for the UIFSA petition, the CSEA retains administrative responsibility.

(b) Is preparing a UIFSA petition and the applicant for services has not completed and submitted all documents necessary for the UIFSA petition, the CSEA in the county in which the applicant for services resides has administrative responsibility.

(ii) Existing open case in SETS.

The initiating CSEA has administrative responsibility.

(D) Administrative responsibility for a responding CSEA.

(1) Administrative responsibility for the determination of the existence or non-existence of a father and child relationship.

When the CSEA receives a UIFSA petition to determine the existence or non-existence of a father and child relationship, the CSEA in the county in which the respondent resides has administrative responsibility.

(a) When the CSEA has successfully completed service of process on the respondent and the respondent moves to another Ohio county, the CSEA retains administrative responsibility.

(b) When the CSEA has not successfully completed service of process on the respondent and the respondent moves to another Ohio county, the CSEA in the county in which the respondent resides has administrative responsibility.

(2) When the alleged father is deceased, the CSEA in the county in which proceedings for the probate of the alleged father's estate have been or can be commenced will have administrative responsibility.

(3) Administrative responsibility for the establishment of a child support order.

When the CSEA receives a request to establish a child support order from another state or jurisdiction, the CSEA in the county in which the respondent resides has administrative responsibility.

(a) When the CSEA has successfully completed service of process on the respondent and the respondent moves to another Ohio county, the CSEA retains administrative responsibility.

(4) Administrative responsibility for the enforcement of a support order.

(a) When the CSEA receives a UIFSA petition to enforce an Ohio support order, the CSEA with administrative responsibility is the CSEA:

(i) In the same county as the court that issued the court support order.

(ii) In the same county as the court that adopted the administrative child support order.

(iii) That issued the administrative child support order and the court has not adopted the administrative child support order.

When the obligor moves to another Ohio county, the CSEA retains administrative responsibility.

(b) When the CSEA receives a UIFSA petition from another state or jurisdiction to enforce the other state support order, the CSEA in the county in which the obligor resides has administrative responsibility.

When the obligor moves to another Ohio county and the CSEA has:

(i) Successfully completed service of process on the obligor, the CSEA retains administrative responsibility.

(ii) Not successfully completed service of process on the obligor, the CSEA in the county in which the obligor resides has administrative responsibility.

(5) Administrative responsibility for the modification or redirection of a support order.

(a) When the CSEA receives a UIFSA petition to modify or redirect an Ohio support order, the CSEA with administrative responsibility is the CSEA:

(i) In the same county as the court that issued the court support order.

(ii) In the same county as the court that adopted the administrative child support order.

(iii) That issued the administrative child support order and the court has not adopted the administrative child support order.

(b) When the CSEA receives a UIFSA petition from another state or jurisdiction to register the support order for modification purposes when the issuing state has lost continuing exclusive jurisdiction (CEJ) and the non-requesting party is in Ohio, the CSEA in the county in which the non-requesting party resides has administrative responsibility.

When the non-requesting party moves to another Ohio county and the case is:

(i) New to SETS:

(a) When the CSEA has successfully completed service of process on the non-requesting party, the CSEA retains administrative responsibility.

(b) When the CSEA has not successfully completed service of process on the non-requesting party, the CSEA in the county in which the non-requesting party resides has administrative responsibility.

(ii) Existing open case in SETS.

The CSEA that is enforcing the support order retains administrative responsibility regardless if the non-requesting party moves to another county.

(iii) Closed SETS case.

When a case closes pursuant to the request of an initiating agency, and the CSEA receives a subsequent request for modification, the CSEA in the county in which the non-requesting party resides has administrative responsibility despite the existence of a prior case, which has been closed.

(E) Other state order when all parties reside in Ohio.

(1) When the CSEA receives a UIFSA petition or a request for services to enforce a support order from another state or jurisdiction when all the parties reside in Ohio, the CSEA in the county where the obligor resides has administrative responsibility.

When the obligor moves to another county and the CSEA has:

(a) Successfully completed service of process of the registration on the obligor, the CSEA retains administrative responsibility.

(b) Not successfully completed service of process of the registration on the obligor, the CSEA in the county in which the obligor resides has administrative responsibility.

(2) When the CSEA receives a UIFSA petition or a request for services to modify a support order from another state or jurisdiction when all parties reside in Ohio, the CSEA in the county where the obligor resides has administrative responsibility.

(a) For a case that is new to SETS, the CSEA in the county in which the obligor resides has administrative responsibility.

When the obligor moves to another county and the CSEA has:

(i) Successfully completed service of process of the registration on the obligor, the CSEA retains administrative responsibility.

(ii) Not successfully completed service of process of the registration on the obligor, the CSEA in the county in which the obligor resides has administrative responsibility.

(b) For a case that is open in SETS and the case is:

(i) Open responding and the case is registered with the court, the CSEA retains administrative responsibility even if the obligor moves.

(ii) Open initiating, the CSEA in the county where the obligor resides has administrative responsibility.

(c) If a case closes pursuant to the request of an initiating agency and a subsequent request is received, the CSEA in the county in which the obligor resides has administrative responsibility despite the existence of a prior responding case.

(F) Case transfer.

(1) The CSEA that completed case intake or most recently had administrative responsibility will transfer a case to another CSEA in accordance with this rule.

(2) "Case transfer" includes electronically transferring the case in SETS. "Case transfer" also includes mailing any hard-copy documents contained in the case record that are necessary to provide support enforcement program services to the CSEA with administrative responsibility.

(3) The CSEA will complete the case transfer within ten days of determining that another CSEA has administrative responsibility for the case.

Last updated April 3, 2024 at 1:40 PM

History

Effective: April 3, 2024
Promulgated Under: 119.03

Ohio Adm.Code 5101:12-10-05 Case records.

(A) The child support enforcement agency (CSEA) shall maintain a case record for each case for which it has administrative responsibility. The case record shall principally be maintained in the support enforcement tracking system (SETS), in accordance with rule 5101:12-1-15 of the Administrative Code, and as necessary on paper, electronic, or other format, or a combination thereof.

(B) The case record shall contain any document or information that pertains to the case. A summary notation in the physical or electronic record, regardless of whether the notation is entered by the CSEA worker or generated automatically by an automated system, meets the case records requirement. Information required to be in the case record includes but is not limited to:

(1) The referral from the county department of job and family services (CDJFS) in a case in which an individual receives Ohio works first (OWF) or medicaid, or the referral from a public children services agency (PCSA), or a county agency that is administering a Title IV-B or Title IV-E program, when applicable.

(2) The signed application for IV-D services, when applicable.

(3) A copy of the support order, when applicable. The support order may be summarized as long as the summary notation indicates where the support order is maintained.

(4) Data regarding the non-custodial parent or alleged father including but not limited to:

(a) First, middle, and last name;

(b) Social security number;

(d) Place of birth;

(e) Mother's full name, including her maiden name;

(f) Father's full name;

(g) Current or last known residential and mailing address; and

(h) Current or last known employer.

(5) A record of the date of, reason for, and results of any contacts with any individual in the case.

(6) A narrative that chronologically traces support enforcement program activities.

(7) A record of efforts to utilize local locate resources and the dates and the results of those efforts, when applicable.

(8) A record of any actions taken to establish paternity or support obligations and to enforce or modify support obligations, including the dates and results of such actions, when applicable.

(9) A record of communications with a CDJFS, the Ohio department of job and family services, office of child support, or any other state child support agency concerning support enforcement program services.

(10) A record of accrued arrears, when applicable.

(11) A record of the collection and disbursement of support payments, when applicable.

(12) A record of all case status changes including case referral, case opening, application for and approval of IV-D services, termination of IV-D services, case closure and, when appropriate, the reason for the change in case status.

(13) When a CSEA receives a referral but does not initiate a case, a record that summarizes the referral information and the reason the case was not initiated.

(14) When an individual received a support payment from the obligor, court, or child support agency while receiving OWF benefits and did not forward the support payment to the CSEA, a record of the following:

(a) Facts that led to the discovery of the retained payment;

(b) Documentation, such as a cancelled check, from the obligor, court, or child support agency that such payment was actually made to the obligee;

(d) When applicable, documentation that the obligee does not have the ability to pay the retained payment to the CSEA.

(C) When a case has been closed and support enforcement program services have been terminated in accordance with rule 5101:12-10-70 of the Administrative Code, and the records retention period has expired in accordance with rule 5101:12-1-25 of the Administrative Code but a balance remains on the case, the CSEA may destroy any non-essential case records that are not maintained by SETS. The CSEA shall maintain any case records that are essential in reopening the case in the future. Records of the case that are essential include but are not limited to:

(1) Genetic testing records;

(2) IV-D application;

(3) Copy of the order terminating the support obligation;

(4) Summary of records regarding the collections and disbursement of support; and

(5) Any other record that the CSEA determines to be essential.

All case records shall be maintained in the format described in paragraph (A) of this rule.

(D) The CSEA shall follow the procedures of retention, disposal, and destruction of case records in accordance with rule 5101:12-1-25 of the Administrative Code.

Last updated September 4, 2026 at 10:57 AM

History

Effective: December 15, 2021
Promulgated Under: 119.03

Ohio Adm.Code 5101:12-10-20 Family violence indicator.

(A) This rule and its supplemental rule describe the family violence indicator (FVI). The FVI reflects that there is reasonable evidence that a case participant is subject to family violence or there is reason to believe that the release of information regarding a case participant may result in family violence.

(B) The office of child support (OCS) within the Ohio department of job and family services (ODJFS) is required to:

(1) Identify and maintain information that indicates whether a case participant is subject to family violence or child abuse; and

(2) Send information regarding whether a case participant is subject to family violence as part of a referral to the federal case registry (FCR).

(C) When the child support enforcement agency (CSEA) determines that there is reasonable evidence that a case participant is subject to family violence or has reason to believe that the release of information about a case participant may result in family violence to the case participant, the CSEA shall display an FVI for the case participant in the support enforcement tracking system (SETS). "Reasonable evidence" includes but is not limited to:

(1) A civil protection order under section 3113.31 of the Revised Code or a criminal temporary protection order under section 2919.26 of the Revised Code has been issued to protect the case participant.

(2) Written documentation from a third party that indicates a case participant is being subjected to domestic violence, as defined in rule 5101:12-10-32 of the Administrative Code. A third party includes but is not limited to:

(a) Police, courts, and other governmental entities;

(b) Shelters and legal, religious, medical, and other professionals from whom a case participant sought assistance in dealing with domestic violence;

(d) Other persons with knowledge of the domestic violence.

When the case participant is unable to provide written documentation regarding domestic violence from a third party, the CSEA shall accept a written statement from the case participant, unless the CSEA has an independent, reasonable basis to find the allegation in the case participant's written statement not credible.

(3) Written documentation from a medical professional, law enforcement agency, or vital records agency that indicates that the child was conceived as a result of incest or rape.

(D) The CSEA shall maintain documentation regarding the family violence in the case record.

(E) The FVI should remain effective as long as the circumstances leading to the determination of the existence of family violence continue to exist.

(F) The CSEA shall establish and maintain a confidential caseload in SETS. When a case displays an FVI, the CSEA shall transfer the case to and retain the case in a confidential caseload.

(G) The CSEA shall ensure that a contractor who provides location or collection services does not have responsibility for a case that displays an FVI. The CSEA shall require the contractor to return a case displaying an FVI.

(H) The FCR will not return information regarding a case participant who has an FVI on the SETS case.

(I) SETS will suppress the case participant's address and social security number on forms generated by SETS when the case participant displays an FVI.

Last updated October 12, 2023 at 10:51 AM

History

Effective: May 15, 2008
Promulgated Under: 119.03

Ohio Adm.Code 5101:12-10-20.1 Request for override of family violence indicator restriction.

(A) When a person listed in the federal case registry (FCR) has a family violence indicator (FVI), the child support enforcement agency (CSEA) shall ensure that no information about a case participant will be released in response to a locate request, an FCR query, or as part of the proactive matching functionality. Courts have the ability to order a one-time override of the FVI if certain requirements are met. Should a court be asked to consider an override of the FVI, a CSEA shall, upon request, provide the court with evidence it maintained regarding the family violence. If the court determines that information can be released by the FCR, the court will submit a request for the release of information for forwarding to the federal parent locator service (FPLS).

(B) When, in response to a request for locate processing or an FCR query, the FCR notifies the office of child support (OCS) that disclosure is prohibited in a case, OCS shall notify the CSEA. If the CSEA decides to pursue the restricted information, the CSEA must request a court in its county to authorize OCS to commence the process to obtain a one-time override of the FVI. Should the court order an override of the FVI, the CSEA shall submit the order to OCS, which shall submit the request to FCR.

(C) Following receipt and approval of an FVI override request, the federal office of child support enforcement (OCSE) will return the locate information via specialized delivery service to OCS. The returned information will include detailed locate information from each requested locate source and the identity of the state(s) that placed the FVI. The identity of the state(s) placing the indicator may assist the requesting state's court in making its decision about whether to release the information to the requester.

(D) The OCS shall not release or retain a copy of any of the FVI override information. Upon receipt, OCS must submit the information to the court that authorized the override or, pending the court's final determination regarding the release of the information, follow that court's instructions regarding the maintenance of the information. The court must make the determination as to whether further disclosure could be harmful to the parent or child. If the court determines that further disclosure could be harmful, the court is not to disclose the information to the requester.

(E) When the requester is a CSEA or the FCR and the court makes the determination to disclose the information, the court will return the information to the CSEA. The CSEA must ensure that the information received for the protected person is safeguarded and used solely for child support purposes.

Last updated October 12, 2023 at 10:51 AM

History

Effective: May 15, 2008
Promulgated Under: 119.03

Ohio Adm.Code 5101:12-10-30 Assignment of support.

(A) This rule describes when support is assigned to the Ohio department of job and family services (ODJFS) due to the receipt of Ohio works first (OWF), medical assistance, or Title IV-E foster care maintenance (FCM) benefits.

(B) The following definition applies to rules in division 5101:12 of the Administrative Code:

"Assigns" means the transfer of rights or property from a person to ODJFS.

(1) "Assistance group" means, in accordance with section 5107.02 of the Revised Code, a group of individuals treated as a unit for purposes of determining eligibility for and the amount of assistance provided under Ohio works first.

(2) "Authorized representative" means, in accordance with rule 5101:1-2-01 of the Administrative Code, an individual who is age eighteen or older who stands in the place of and acts on behalf of the members of an OWF assistance group.

(3) "Medical assistance" includes, in accordance with section 5160.35 of the Revised Code, medicaid and the children's health insurance program.

(4) "Medical support" means support specified as support for the purpose of medical care by order of a court or administrative agency, which includes:

(a) Current cash medical support;

(b) Current medical support obligations;

(d) Medical support arrears that accrued while the person received medical assistance.

(5) "Minor child" means, in accordance with section 5107.02 of the Revised Code:

(a) An individual who has not attained the age of eighteen; or

(b) An individual who has not attained the age of nineteen and is a full-time student in a secondary school or in the equivalent level of vocational or technical training.

(6) "Obligee" means the person who is or may be entitled to receive support under the terms of a support order.

(7) "Obligor" means the person who is or may be required to pay support under the terms of a support order.

(8) "Person" means a parent, caretaker, authorized representative, or entity.

(D) Assignment of support in an OWF case.

(1) In accordance with section 5107.20 of the Revised Code, an OWF applicant assigns the right to support of any obligee who participates in OWF as a result of that application for OWF benefits.

(2) When a person applies for OWF benefits for a minor child who resides with that person or is temporarily absent from the home of that person, as defined in rule 5101:1-3-04 of the Administrative Code, and:

(a) Both the minor child and the person receive OWF benefits, then:

(i) Any child support for which that person is the obligee and the minor child is the subject of the support order is assigned.

(ii) Any spousal support for which that person is the obligee is assigned.

(iii) Any child support for which the minor child is the obligee and the minor child's child, who is receiving OWF benefits, is the subject of the support order is assigned.

(iv) Any spousal support for which the minor child is the obligee is assigned.

(b) Only the minor child receives OWF benefits, then:

(i) Any child support for which that person is the obligee and the minor child is the subject of the support order is assigned.

(ii) Any spousal support for which the person is the obligee is not assigned to ODJFS.

(iii) Any child support for which the minor child is the obligee and the minor child's child is the subject of the support order is assigned.

(iv) Any spousal support for which the minor child is the obligee is assigned.

(i) Any child support for which that person is the obligee and the minor child is the subject of the support order is not assigned to ODJFS.

(ii) Any spousal support for which that person is the obligee is assigned.

(d) A parent of the person receives OWF benefits as a result of the person's application for OWF benefits, then:

(i) Any child support for which that parent of the person is the obligee and the person is the subject of the support order is assigned.

(ii) Any spousal support for which that parent of the person is the obligee is assigned.

(E) Assignment of medical support in a medical assistance case.

In accordance with section 5160.38 of the Revised Code, a medical assistance applicant assigns medical support upon application for or acceptance of medical assistance benefits.

(1) If a person does not receive medical assistance benefits for himself or herself but a child who resides with that person receives medical assistance benefits, then the medical support for which that person is the obligee and that child is the subject of the medical support order is assigned.

(2) If a person receives medical assistance benefits for himself or herself and a child who resides with that person receives medical assistance benefits, then the medical support for which that person is the obligee and the obligee or the child is the subject of the medical support order is assigned.

(3) If a person receives medical assistance benefits for himself or herself but a child who resides with that person does not receive medical assistance benefits, then the medical support for which that person is the obligee and that person is the subject of the medical support order is assigned to ODJFS.

(4) If a person receives medical assistance benefits for himself or herself but a child who resides with that person does not receive medical assistance benefits, then the medical support for which that person is the obligee and the child is the subject of the medical support order is not assigned to ODJFS.

(F) Assignment of support in an FCM case.

The Title IV-E agency assigns any child support for which the Title IV-E agency is the obligee and a child who is eligible to receive FCM benefits is the subject of the support order.

(G) The rules and policies of the OWF, medical assistance, and IV-E programs describe the effective date of the assignment of support.

Last updated October 12, 2023 at 10:51 AM

History

Effective: January 15, 2014
Promulgated Under: 119.03

Ohio Adm.Code 5101:12-10-31 Requirement to cooperate with the child support enforcement agency.

(A) This rule describes the requirement for an applicant for or a recipient of Ohio works first (OWF), medicaid, or Title IV-E foster care maintenance (FCM) benefits to cooperate with the child support enforcement agency (CSEA) in establishing paternity or in establishing, modifying, or enforcing a support order.

(B) The following definitions and terms apply to this rule:

(1) "Caretaker" means:

(a) The parent, adult, or minor head of household with whom a child who receives OWF or medicaid resides; or

(b) The Title IV-E agency that has custody of a child who receives FCM benefits.

(2) "Charter county" means a county that has, pursuant to Section 3 of Article X of the Ohio Constitution (11/8/2022), adopted a charter that permits the county to provide a different form of government from that which is required under Ohio law for counties in general.

(3) "Medical support" means support specified as support for the purpose of medical care by order of a court or administrative agency.

(1) In accordance with rule 5101:1-3-10 of the Administrative Code, a caretaker who is a member of the OWF assistance group of a child who receives OWF benefits shall cooperate with the CSEA, unless the CSEA approves a good cause waiver of cooperation. OWF assistance group means a group of individuals treated as a unit for purposes of determining eligibility for and the amount of OWF benefits.

(2) A caretaker is considered cooperative when the caretaker:

(a) Provides any available information, through reasonable and diligent efforts, that is sufficient to identify or locate a parent of a child who receives OWF. Information may include but is not limited to the following about the child's mother or father or each man alleged to be the child's father:

(i) Name;

(ii) Past or present address;

(iii) Telephone number;

(iv) Date of birth;

(v) Social security number;

(vi) Past or present place of employment;

(vii) Past or present schools attended;

(viii) Names, addresses, and telephone numbers of family and friends; and

(ix) Other information determined necessary by the CSEA.

(b) Submits to or has the child submit to genetic tests ordered by a CSEA or court to determine the existence or non-existence of a father and child relationship.

(i) Locate or identify a parent of a child who receives OWF;

(ii) Establish the existence or non-existence of a father and child relationship; or

(iii) Establish or modify a child support order, including medical support provisions contained in the child support order, or to enforce a support order.

(3) A caretaker is considered non-cooperative when the caretaker has been notified to comply with paragraph (C)(2) of this rule on two or more separate occasions by the CSEA in a county other than a charter county and fails to comply on two or more consecutive occasions. After the first instance of a determination of non-cooperation, the CSEA shall consider a caretaker non-cooperative when the caretaker fails to comply with paragraph (C)(2) of this rule on one occasion.

The CSEA in a charter county shall consider a caretaker non-cooperative when the caretaker fails to:

(a) Comply with paragraph (C)(2) of this rule; or

(b) Attend any court or administrative hearing to determine the existence or non-existence of a father and child relationship or to establish or modify a child support order, including medical support provisions contained in the child support order, or to enforce a support order.

(D) Cooperation requirements for medicaid recipients.

(1) The caretaker of a child who receives medicaid benefits shall cooperate with the CSEA unless:

(a) The CSEA approves a good cause waiver of cooperation; or

(b) The caretaker meets one of the following exceptions to cooperation:

(i) The child receives medicaid benefits and is not receiving OWF or FCM benefits and the caretaker is not receiving OWF or medicaid benefits in the same assistance group as the child.

(ii) The caretaker is pregnant or is no more than sixty days post-partum and receives medicaid benefits.

(iii) The caretaker is receiving transitional medicaid benefits.

(2) A child will not lose medicaid benefits when the caretaker does not cooperate with the CSEA.

(3) A caretaker is considered cooperative when the caretaker:

(a) Provides any available information, through reasonable and diligent efforts, that is sufficient to identify or locate a parent of a child who receives medicaid. Information may include but is not limited to the following about the child's mother or father or each man alleged to be the child's father:

(i) Name;

(ii) Past or present address;

(iii) Telephone number;

(iv) Date of birth;

(v) Social security number;

(vi) Past or present place of employment;

(vii) Past or present schools attended;

(viii) Names, addresses, and telephone numbers of family and friends; and

(ix) Other information determined necessary by the CSEA.

(b) Submits to or has the child submit to genetic tests ordered by a CSEA or court to determine the existence or non-existence of a father and child relationship.

(i) Locate or identify a parent of a child who receives medicaid;

(ii) Establish the existence or non-existence of a father and child relationship; or

(iii) Establish, modify or enforce the medical support provisions contained in a child support order.

(d) Completes an ODM 06613, "Accident/Injury Insurance Information," when required by the CSEA.

(e) Fully discloses any health insurance coverage or third party coverage that the medicaid recipient has or for which the medicaid recipient may be eligible.

(f) Provides any available information that is necessary for identification and collection of potential third party payments.

(4) The CSEA shall consider a caretaker non-cooperative when the caretaker fails to comply with paragraph (D)(3) of this rule on two or more consecutive occasions. After the first instance of a determination of non-cooperation, the CSEA shall consider a caretaker non-cooperative when the caretaker fails to comply with paragraph (D)(3) of this rule on one occasion.

(E) Cooperation between the CSEA and a Title IV-E agency.

A Title IV-E agency that has custody of a child who receives FCM benefits shall request services from the CSEA in accordance with rule 5180:2-47-08 of the Administrative Code. When such a request for services has been made, the Title IV-E agency has a requirement to cooperate with the CSEA unless the CSEA approves a good cause waiver of cooperation. Cooperation from the Title IV-E agency includes:

(1) Sending the CSEA any court order that pertains to the child in the custody of the Title IV-E agency, such as initial custody of the child, termination of parental rights, or termination of custody.

(2) Notifying the CSEA upon verification of changes in the circumstances of the child or the child's parent.

(3) Submitting the child to genetic tests ordered by a CSEA or court to determine the existence or non-existence of a father and child relationship.

(4) Appearing at a scheduled appointment or hearing to:

(a) Locate or identify a parent of a child for whom the CSEA receives a referral;

(b) Establish the existence or non-existence of a father and child relationship; or

(c) Establish or modify a child support order, including medical support provisions contained in the child support order, or to enforce a support order.

(F) Notification to the county department of job and family services (CDJFS) regarding cooperation.

(1) When a caretaker who has an OWF or a medicaid cooperation requirement does not cooperate with the CSEA, the CSEA shall notify the CDJFS via the support enforcement tracking system (SETS) within five days of the caretaker not cooperating. The CDJFS will determine whether or not to terminate benefits.

(2) When a caretaker who previously did not cooperate with the CSEA begins to cooperate, the CSEA shall notify the CDJFS via SETS within five days of the caretaker cooperating. The CDJFS will determine whether or not to reinstate benefits.

Last updated April 1, 2026 at 8:22 AM

History

Effective: April 1, 2026
Promulgated Under: 119.03

Ohio Adm.Code 5101:12-10-32 Good cause waiver of cooperation.

(A) A caretaker of a child who has a requirement to cooperate with the child support enforcement agency (CSEA) due to the receipt of Ohio works first (OWF), medicaid, or Title IV-E foster care maintenance (FCM) benefits may request a good cause waiver of the requirement to cooperate with the CSEA. When the CSEA determines that cooperation from the caretaker is not in the best interests of the child or would make it more difficult for the caretaker or child to escape domestic violence, the CSEA shall approve a good cause waiver. This rule describes the good cause waiver process.

(B) The following terms and definitions apply to this rule:

(1) "Caretaker" means:

(a) The parent, adult, or minor head of household with whom a child who receives OWF or medicaid resides; or

(b) The Title IV-E agency who has custody of a child who receives FCM benefits.

(2) "Domestic violence" means, in accordance with section 5107.02 of the Revised Code, a caretaker or child is being subjected to any of the following:

(a) Physical acts that resulted in, or threatened to result in, physical injury to the individual;

(b) Sexual abuse;

(d) Being forced as the caretaker relative of a dependent child to engage in nonconsensual sexual acts or activities;

(e) Threats of, or attempts at, physical or sexual abuse;

(f) Mental abuse, including emotional harm; or

(g) Neglect or deprivation of medical care.

(3) "Permanent good cause waiver" means that no CSEA will require a caretaker to cooperate with the CSEA as long as the CSEA has administrative responsibility for the case.

(4) "Temporary good cause waiver" means that the CSEA will not require a caretaker to cooperate with the CSEA for a specified period of time.

(5) "Third party" includes but is not limited to:

(a) Police, courts, and other governmental entities;

(b) Shelters and legal, religious, medical, and other professionals from whom a caretaker sought assistance in dealing with domestic violence;

(d) Other persons with knowledge of the domestic violence.

(1) Completing the JFS 07092, "Notice to Individuals Applying for or Participating in Ohio Works First (OWF) Regarding Cooperation with the Child Support Enforcement Agency (CSEA)" (effective or revised effective date as identified in rule 5101:12-10-99 of the Administrative Code) provided by the CDJFS and submitting it to the CSEA; or

(2) Completing the JFS 04008, "Request for Good Cause Waiver" (effective or revised effective date as identified in rule 5101:12-10-99 of the Administrative Code) provided by the CSEA and submitting it to the CSEA.

(D) When the CSEA receives an oral or a written request for a good cause waiver from the caretaker, the CSEA shall issue the JFS 04008 to the caretaker.

(E) When the CSEA receives a JFS 07092 or JFS 04008, the CSEA shall determine whether to approve or deny a good cause waiver.

(F) When the caretaker provides an alternate address or telephone number on the JFS 07092, JFS 04008, or JFS 04011, "Good Cause Waiver Renewal" (effective or revised effective date as identified in rule 5101:12-10-99 of the Administrative Code) the CSEA shall send all written correspondence regarding the good cause waiver to the alternate address and contact the caretaker at the alternate phone number as specified on the JFS 07092, JFS 04008, or JFS 04011.

(G) Written documentation.

When written documentation is not received within forty-five days of the date the CSEA received the JFS 07092 or JFS 04008, the CSEA shall deny the good cause waiver and shall issue the JFS 04010, "Denial of Good Cause Waiver" (effective or revised effective date as identified in rule 5101:12-10-99 of the Administrative Code) to the caretaker.

(H) Permanent good cause waiver.

Upon receipt of a completed JFS 07092 or JFS 04008 and acceptable written documentation, the CSEA shall approve a permanent good cause waiver and shall issue the JFS 04009, "Approval of Good Cause Waiver" (effective or revised effective date as identified in rule 5101:12-10-99 of the Administrative Code) to the caretaker when the child was conceived as a result of incest or rape and the CSEA determines that requiring cooperation from the caretaker would not be in the best interests of the child.

Written documentation is acceptable when the source of the written documentation is a medical professional, law enforcement agency, or vital records agency.

(I) Temporary good cause waiver.

Upon receipt of a completed JFS 07092 or JFS 04008 and acceptable written documentation, the CSEA shall approve a temporary good cause waiver and shall issue the JFS 04009 to the caretaker when:

(1) The caretaker or child is being subjected to domestic violence and the CSEA determines that requiring cooperation from the caretaker would not be in the best interests of the child or would make it more difficult for the caretaker or child to escape domestic violence.

(a) Written documentation is acceptable when the source of the written documentation is a third party. When the caretaker is unable to provide acceptable written documentation from a third party, the CSEA shall accept a written statement from the caretaker, unless the CSEA has an independent, reasonable basis to find the allegation in the caretaker's written statement not credible.

(b) A temporary good cause waiver based on domestic violence is for a period not to exceed twelve months. The CSEA may approve a temporary good cause waiver for longer than twelve months when a legal document exists that justifies the extension.

(2) Legal adoption proceedings regarding the child are pending before a court and the CSEA determines that requiring cooperation from the caretaker would not be in the best interests of the child.

(a) Written documentation is acceptable when the source of the written documentation is a court, child protective or social services agency, or an attorney for one of the parties involved in the adoption proceedings.

(b) A temporary good cause waiver based on pending adoption is for the period during which the adoption is pending before the court.

(c) If the adoption proceedings are finalized or dismissed, the CSEA shall terminate the temporary good cause waiver and shall issue the JFS 04012, "Termination of Good Cause Waiver" (effective or revised effective date as identified in rule 5101:12-10-99 of the Administrative Code) to the caretaker.

(3) The question of whether to place the child for adoption is under active consideration and the CSEA determines that requiring cooperation from the caretaker would not be in the best interests of the child.

(a) Written documentation is acceptable when the source of the written documentation is a child protective or social services agency or an attorney for one of the parties involved in the adoption proceedings.

(b) A temporary good cause waiver based on active consideration of adoption is for a period not to exceed three months. The CSEA may renew a temporary good cause waiver after three months when the written documentation verifies that the adoption is still under active consideration.

(c) If the adoption discussions are terminated, the CSEA shall terminate the temporary good cause waiver and shall issue the JFS 04012 to the caretaker.

(J) Renewing a temporary good cause waiver.

At least forty-five days before the expiration of the temporary good cause waiver, the CSEA shall issue the JFS 04011 to the caretaker.

(1) When the caretaker submits the JFS 04011 requesting a renewal of the good cause waiver to the CSEA and the CSEA receives acceptable written documentation within forty-five days of the date the JFS 04011 was issued by the CSEA, as described in paragraph (H) or (I) of this rule, the CSEA shall renew the good cause waiver and shall issue a JFS 04009 to the caretaker.

(2) When the caretaker submits the JFS 04011 requesting a renewal of the good cause waiver to the CSEA, the CSEA shall deny the good cause waiver and shall issue a JFS 04010 to the caretaker when:

(a) Acceptable written documentation is not received by the CSEA within forty-five days of the date the JFS 04011 was issued; or

(b) The CSEA receives written documentation within forty-five days of the date the JFS 04011 was issued and determines that the written documentation is not acceptable, as described in paragraph (H) or (I) of this rule.

(3) The CSEA shall terminate the temporary good cause waiver and shall issue the JFS 04012 to the caretaker when:

(a) The caretaker fails to complete and submit the JFS 04011 to the CSEA within forty-five days of the date the JFS 04011 was issued; or

(b) The caretaker submits the JFS 04011 to the CSEA and the JFS 04011 indicates that the caretaker no longer wants a good cause waiver.

(K) When the caretaker or child receives OWF benefits, the CSEA shall notify the CDJFS, either electronically or in writing, within five days of the CSEA issuing the JFS 04009, JFS 04010, or JFS 04012 to the caretaker. When the caretaker or child receives medicaid or FCM benefits, the CSEA may notify the CDJFS or public children services agency (PCSA) when the CSEA issues a JFS 04009 to the caretaker.

Last updated October 12, 2023 at 10:51 AM

History

Effective: October 15, 2018
Promulgated Under: 119.03

Ohio Adm.Code 5101:12-10-70 Termination of services.

(A) This rule describes the conditions that must exist and the process a child support enforcement agency (CSEA) shall use to terminate IV-D services or to terminate support enforcement program services (i.e., case closure).

(B) Terms used in this rule.

(1) "Alleged father," as used in this rule, means a man who alleges or is alleged to be the father of a child.

(2) "Caretaker," as used in this rule, means the custodial parent, individual, or agency that is or may become the beneficiary of a support order.

(3) "Case closure" means the termination of support enforcement program services.

(4) "Duty to provide support enforcement program services" means the responsibility, imposed pursuant to section 3125.11 of the Revised Code, to enforce support orders in the county the CSEA services.

(5) "IV-D case" is defined in rule 5101:12-1-10 of the Administrative Code.

(6) "IV-D services" are identified in rule 5101:12-10-01 of the Administrative Code and also include support enforcement program services.

(7) "Non-custodial parent" or "NCP" means an individual who is or may become obligated to pay support.

(8) "Non IV-D case" is defined in rule 5101:12-1-10 of the Administrative Code.

(9) "Non-public assistance case" or "NPA case," for the purposes of this rule, is a IV-D case in which:

(a) The CSEA approved a IV-D application;

(b) The CSEA received a IV-D referral but the Ohio works first (OWF), medicaid, or Title IV-E foster care maintenance (FCM) benefits have terminated. There may or may not be assigned arrears; or

(c) The CSEA received a IV-D referral and the child is currently receiving medicaid benefits and one of the following exists:

(i) The caretaker with whom the child resides is not receiving medicaid benefits; or

(ii) The caretaker with whom the child resides is receiving medicaid benefits and the caretaker meets one of the exceptions to cooperation in accordance with paragraph (D) of rule 5101:12-10-31 of the Administrative Code.

(10) "Public assistance case" or "PA case," for the purposes of this rule, means a IV-D case in which the CSEA received a IV-D referral and:

(a) The child is currently receiving OWF or FCM benefits; or

(b) The child is currently receiving medicaid benefits, the caretaker with whom the child resides is receiving medicaid benefits, and the caretaker is required to cooperate with the CSEA in accordance with paragraph (D) of rule 5101:12-10-31 of the Administrative Code.

(11) "Recipient of IV-D services," for the purposes of this rule, means:

(a) The individual who signed the approved IV-D application; or

(b) The caretaker in a IV-D referral.

(12) "Support enforcement program services" are identified in rule 5101:12-10-01 of the Administrative Code.

(C) When the phrase "terminate services" is used in this rule, it refers to the decision made by the CSEA to either terminate all services or to terminate IV-D services but continue to provide support enforcement program services. The decision made by the CSEA must be made based on one of the criteria described in paragraph (D) of this rule. To further clarify, when the CSEA elects to terminate services, then:

(1) In a IV-D case:

(a) IV-D services terminate but the CSEA shall continue to provide support enforcement program services when the CSEA has a duty to provide support enforcement program services. The case is then considered a non-IV-D case.

(b) Case closure shall occur when IV-D services have been terminated and the CSEA has no duty to provide support enforcement program services.

(2) In a non-IV-D case, case closure shall occur when the CSEA has no duty to provide support enforcement program services.

(D) A CSEA may terminate services when the case record contains verification that the case meets one of the following criteria:

(1) There is no current support obligation owed to the caretaker and one of the following applies:

(a) The child is no longer in the home of the caretaker and there is no support order or no arrears are owed under a terminated support order.

Use of this criterion shall result in case closure.

(b) There is no duty of support, as described in section 3103.03 of the Revised Code, owed to the caretaker, and paternity establishment is not required.

Use of this criterion shall result in case closure.

(c) The court or administrative support order has been terminated and there are no arrears or the total of all arrears is less than five hundred dollars and a payment has not been received on the case within the preceding six months.

Use of this criterion shall result in a non-IV-D case when there are arrears or case closure when there are no arrears.

(d) The court or administrative support order has been terminated, the arrears are unenforceable under state law, and a payment has not been received on the case within the preceding six months.

Use of this criterion shall result in a non-IV-D case.

(e) The child has reached the age of majority, the NCP is entering or has entered long-term care arrangements (such as a residential care facility or home health care), and the NCP has no available income or assets above the subsistence level that could be levied or attached for support.

Use of this criterion shall result in a non IV-D case when there are arrears, or case closure when there are no arrears.

(2) The NCP has died and no further support enforcement program services, including a levy against the estate, can be provided.

Use of this criterion shall result in case closure.

(3) The CSEA cannot establish paternity because:

(a) The child is twenty-three years of age or older and the action to establish paternity is barred by statute of limitations as specified in section 3111.05 of the Revised Code;

(b) Genetic testing has excluded the alleged father;

(c) There is a final and enforceable determination of paternity that determines that the alleged father is not the father of the child or that another man is the father of the child;

(d) The CSEA has determined that it would not be in the best interest of the child to establish paternity in a case involving incest or forcible rape or where legal proceedings for adoption are pending; or

(e) The identity of the biological father is unknown and cannot be identified after diligent efforts, including at least one interview by the CSEA with the recipient of IV-D services.

Use of this criterion shall result in case closure.

(4) The NCP's location is unknown, the CSEA has made diligent efforts to locate the NCP using multiple sources, as described in rules 5101:12-20-05 to 5101:12-20-05.3 of the Administrative Code, and all efforts have been unsuccessful over a period of:

(a) Two years when there is sufficient information to initiate an automatic locate effort;

(b) One year when there is sufficient information to initiate an automatic locate effort, but locate interfaces are unable to verify a social security number; or

Use of this criterion shall result in a non-IV-D case when there is a support order or arrears, or in case closure when there is no support order or arrears.

(5) The NCP has no available income or assets above the subsistence level that could be levied or attached for support and cannot pay support for the duration of the child's minority, or after the child has reached the age of majority because:

(a) The NCP is institutionalized in a psychiatric facility;

(b) The NCP is incarcerated; or

Use of this criterion shall result in a non-IV-D case when there is a support order or arrears, or in case closure when there is no support order or arrears.

(6) The NCP's sole income is from supplemental security income (SSI) payments, and paternity has been established.

Use of this criteria shall result in a non-IV-D case when there is a support order or arrears, or in case closure when there is no support order or arrears.

(7) The NCP is a citizen of and lives in a foreign country and:

(a) Does not work for the federal government or a company with headquarters or offices in the United States;

(b) Has no reachable domestic income or assets; and

Use of this criterion shall result in a non-IV-D case when there is a support order or arrears, or in case closure when there is no support order or arrears.

(8) The case was opened for location services only, location services have been completed, and a final location response has been sent to the caretaker.

This criterion shall only be used in an NPA case or a Title IV-E, non-FCM case when the case was opened as a result of a request for location services only. Use of this criterion shall result in a non-IV-D case when there is a support order or arrears, or in case closure when there is no support order or arrears.

(9) The recipient of IV-D services requests that the CSEA terminate IV-D services.

(a) This criterion shall only be used in a case when there are no assigned arrears and the CSEA:

(i) Approved a IV-D application; or

(ii) Received a IV-D referral but the OWF, medicaid, or FCM benefits have terminated.

(b) Use of this criterion shall result in a non-IV-D case when there is a support order or arrears, or in case closure when there is no support order or arrears.

(10) The CSEA has:

(a) Approved a good cause waiver or determined other exceptions to cooperation; and

(b) Determined that no support enforcement services may be provided without risk of harm to the child or caretaker.

Use of this criterion shall result in case closure.

(11) The CSEA is unable to contact the recipient of IV-D services despite a good faith effort made through at least two different methods, one of which shall be a letter sent by first class mail to the last known address. Other methods may include attempted contact by: email, telephone, the state services portal (SSP), or other method. The two methods of contact shall be documented in the case record.

This criterion shall only be used in an NPA case when there are no assigned arrears. Use of this criterion shall result in a non-IV-D case when there is a support order or arrears, or in case closure when there is no support order or arrears.

(12) The CSEA documents the circumstances of non-cooperation by the recipient of IV-D services and an action by the recipient of IV-D services is essential for the next step in providing services.

(13) Another assistance program, including Title IV-A, Title IV-E, supplemental nutrition assistance program (SNAP), and medicaid, has referred a case to the CSEA that the CSEA determines is inappropriate to establish a child support order and the caretaker or NCP has not applied for IV-D services. Circumstances where it may be inappropriate to establish a child support order include, but are not limited to when:

(a) The child is living in the home of an intact two parent household;

(b) The caretaker is not receiving benefits from an assistance program that requires the caretaker's cooperation with the CSEA;

(c) A married parent has applied for Title IV-A, SNAP, or medicaid benefits for the child while the other parent has temporarily left the area to find work;

(d) The family is receiving a non-recurring, short-term benefit that does not fall within the definition of "assistance" under 45 C.F.R. 260.31(10/01/2010); or

(e) The child is expected to be in foster care for only a short time before being reunited with their family or before adoption proceedings are finalized.

This criterion may only be used prior to the establishment of a support order. The CSEA shall make reasonable efforts to establish paternity prior to use of this criterion.

Use of this criterion shall result in a case closure.

(14) The CSEA documents that the initiating state has failed to take an action after repeated requests from the CSEA for additional information or documents, that is essential for the CSEA to take the next step in providing services.

Use of this criterion shall result in case closure if there is no Ohio controlling order on the case, or there are no assigned arrears owed to Ohio. If there is an Ohio controlling order, or if there are assigned arrears owed to Ohio, the use of this criterion shall result in a non-IV-D case.

(15) The initiating agency has notified the CSEA that the initiating state has closed its case. The CSEA shall close the case within ten business days of receiving the notification.

(16) The initiating agency has notified the CSEA that the CSEA's intergovernmental services are no longer needed. The CSEA shall close the case within ten business days of receiving the notification.

(17) The case has been transferred to a tribal IV-D agency and the CSEA has complied with the following before transferring and closing the case with Ohio:

(a) The recipient of services has requested the CSEA to transfer the case to the tribal IV-D agency and close their case with Ohio;

(b) The CSEA has notified the recipient of services of its intent to transfer the case to the tribal IV-D agency and close their case with Ohio, and the recipient did not respond to the notice; or

(c) The tribal IV-D agency has a state-tribal agreement approved by the federal office of child support enforcement (OCSE) to transfer and close cases, with the consent from the recipient of services.

Use of this criterion shall result in case closure.

(18) In a non-IV-D case, a court has, in accordance with section 3121.441 of the Revised Code, permitted the obligor to make spousal support payments directly to the obligee instead of to the office of child support when:

(a) The obligee and obligor have no minor children born as a result of their marriage; and

(b) The obligee has not assigned the spousal support amounts to the Ohio department of job and family services.

This criterion shall only be used in a non-IV-D case. Use of this criterion shall result in case closure.

(19) The case was opened in error or another administrative reason exists to close the case.

Use of this criterion shall result in case closure.

(E) In a IV-D case, the CSEA shall make reasonable efforts to establish paternity or a child support order, when appropriate, prior to terminating IV-D services.

(F) A CSEA shall terminate services when the case record contains verification that the case meets the following criteria:

(1) The child is eligible for health care services from the Indian health service (IHS); and

(2) The case was opened because of a medicaid referral based solely upon health care services, including the purchased/referred care program, provided through an IHS.

Use of this criterion shall result in case closure.

(G) Notice of termination of services.

(1) Sixty days prior to terminating services, the CSEA shall issue a JFS 07046, "Pending Case Closure Notice" (effective or revised effective date as identified in rule 5101:12-10-99 of the Administrative Code), to:

(a) The recipient of IV-D services when services are proposed for termination pursuant to paragraphs (D)(1) to (D)(7), (D)(11), or (D)(12) of this rule.

(b) The initiating state in an interstate case when services are proposed for termination pursuant to paragraph (D)(14) of this rule.

(2) The IV-D case must remain open if, during the sixty day period:

(a) Contact is reestablished with the recipient of IV-D services and the case was proposed for termination pursuant to paragraph (D)(11) of this rule;

(b) In response to the JFS 07046, the recipient of IV-D services or the initiating state supplies information that could lead to any of the following:

(i) Establishment of paternity;

(ii) Establishment of a child support order; or

(iii) Enforcement of a child support order.

(H) Termination of support enforcement program services in a non-IV-D case with an existing arrears balance.

(1) The CSEA may terminate support enforcement program services and close a non-IV-D case when the support order has been terminated and:

(a) The total of all arrears is less than one hundred fifty dollars; or

(b) There has been no collection received on the case during the past three years and all manual and automated location or enforcement methods have been unsuccessful.

(2) When the CSEA proposes to terminate support enforcement program services and close a non-IV-D case, the CSEA shall issue a notice to the last known address of the parties to the support order that contains the following information:

(a) The arrears balances, when applicable;

(b) Either party to the support order may request that the CSEA continue providing support enforcement program services by contacting the CSEA in writing within sixty days of the date on the notice;

(c) After the case has been closed, either party to the support order may contact the CSEA at any time and request that the CSEA resume providing support enforcement program services or IV-D services; and

(d) The CSEA will reopen the case at a later date when a collection is received on the case.

(3) The CSEA may close the non-IV-D case when neither party has contacted the CSEA within sixty days of the date of the notice described in paragraph (H)(2) of this rule to request that the CSEA continue to provide services.

(4) When the CSEA closes the non-IV-D case, the arrears balances that display on the support enforcement tracking system (SETS) must accurately reflect the arrears balances owed on the case.

(5) When the CSEA has closed a non-IV-D case, the CSEA shall reopen the case in accordance with rule 5101:12-10-02 of the Administrative Code or when a collection is received on the case.

Last updated August 1, 2023 at 8:29 AM

History

Effective: August 1, 2023
Promulgated Under: 119.03

Ohio Adm.Code 5101:12-10-72 Continuation of services.

(A) Within five business days of being notified that a family is no longer eligible for Ohio works first and medicaid, or Title IV-E foster care maintenance benefits, the support enforcement tracking system will issue a JFS 07607, "Case Continuation Notice" (effective or revised effective date as identified in rule 5101:12-10-99 of the Administrative Code), to the last known address of the custodial parent or caretaker.

(B) The child support enforcement agency shall continue to provide IV-D services and support enforcement program services until such time as the case meets one of the criteria to terminate IV-D services described in rule 5101:12-10-70 of the Administrative Code.

Last updated September 4, 2026 at 10:57 AM

History

Effective: December 15, 2021
Promulgated Under: 119.03

Ohio Adm.Code 5101:12-10-90 New hire reporting program.

(A) Federal law at 42 U.S.C. 653a (4/21/2012) requires the implementation of a new hire reporting program in each state to accomplish the purpose of locating parents, establishing paternity, and establishing and enforcing support obligations of parents. This rule and its supplemental rules describe the Ohio new hire reporting program.

(B) The following definitions shall be used in this rule and its supplemental rules.

(1) "Contractor" means an individual who provides services to an employer as an independent contractor for compensation that is reported as income other than wages and who is an individual, the sole shareholder of a corporation, or the sole member of a limited liability company. "Contractor" does not include any of the following:

(a) An individual performing intelligence or counterintelligence functions for a state agency if the head of the agency has determined that reporting pursuant to this section could endanger the safety of the individual or compromise an ongoing investigation or intelligence mission;

(b) A professionally licensed person who is providing services to the employer under that license; or

(c) An individual who will receive for the services provided under the contract compensation of less than two thousand five hundred dollars per year.

(2) "Employee" means an individual who is employed to provide services to an employer for compensation that is reported as income from wages. "Employee" does not include an individual performing intelligence or counterintelligence functions for a state agency, if the head of the agency has determined that reporting pursuant to this paragraph could endanger the safety of the employee or compromise an ongoing investigation or intelligence mission.

(3) "Employer" means any person or government entity other than the federal government for which an individual performs any service, of whatever nature, as the employee or contractor of such person, except that:

(a) If the person for whom the individual performs services does not have control of the payment of compensation for the services, employer means the person having control of the payment of the compensation.

(b) In the case of a person paying compensation on behalf of a nonresident alien individual, foreign partnership, or foreign corporation not engaged in trade or business within the United States, "employer" means the person paying the compensation.

(c) In the case of compensation paid to a contractor, "employer" does not include any person or entity that lacks a federal employer identification number.

(4) "Newly hired employee" means an employee who:

(a) Has not previously been employed by the employer; or

(b) Was previously employed by the employer but has been separated from such prior employment for at least sixty consecutive days.

(5) "Professionally licensed person" has the same meaning as in section 2925.01 of the Revised Code.

(C) The new hire reports required by this rule and its supplemental rules shall not be considered public records for purposes of section 149.43 of the Revised Code. Ohio department of job and family services (ODJFS) may disclose information in the new hire reports to any entity as described in sections 3121.898 and 3121.899 of the Revised Code.

Last updated January 6, 2026 at 10:24 AM

History

Effective: June 1, 2021
Promulgated Under: 119.03

Ohio Adm.Code 5101:12-10-90.1 Employer responsibilities.

(A) Every employer shall make a new hire report to the Ohio department of job and family services (ODJFS) regarding, a newly hired employee as defined in rule 5101:12-10-90 of the Administrative Code or a contractor of a person who resides, works, or will be assigned to work in this state to whom the employer anticipates paying compensation.

(B) An employer with employees or contractors in two or more states that transmits new hire reports magnetically or electronically may make the new hire report to another state if the employer does both of the following:

(1) Notifies ODJFS and the United States secretary of health and human services in writing that the employer has designated another state as the state to which the employer will transmit the report; and

(2) Transmits the report to that state in compliance with federal law.

(1) For each employee, the employee's name, address, date of birth, social security number, and date of hire;

(2) The date services were first performed by the employee for pay;

(3) For each contractor, the contractor's name, address, social security or tax identification number, the date payments begin, and the length of time the contractor will be performing services for the employer; and

(4) The employer's name, address, and identification number.

(D) An employer may make a new hire report by submitting a copy of the United States internal revenue service form W-4 (employee's withholding allowance certificate) for the employee, a form provided by ODJFS, or any other hiring document or data storage device or mechanism ODJFS authorizes. An employer may make the new hire report by mail, fax, magnetic or electronic means, or other means ODJFS authorizes. If an employer makes a new hire report by mail, the date of making the report is the postmark date if the report is mailed in the United States with first-class postage and is addressed as ODJFS authorizes. An employer shall make the new hire report no later than twenty days after the date on which the employer hires an employee or the date on which the employer engages or re-engages the contractor or the contractor resumes providing services under the contract.

(E) Pursuant to section 3121.8910 of the Revised Code, an employer that fails to make a new hire report shall be liable to ODJFS for a civil penalty of twenty-five dollars for each failure to make a report. If the failure to make a new hire report is the result of a conspiracy between the employer and the employee not to supply the report or to supply a false or incomplete report, the employer shall be liable for a civil penalty of five hundred dollars for each such failure.

Last updated February 18, 2026 at 8:19 AM

History

Effective: May 1, 2014
Promulgated Under: 119.03

Ohio Adm.Code 5101:12-10-99 Chapter 5101:12-10 forms - child support program administration.

The forms 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 04008, "Request for Good Cause Waiver" (1/2008);

(B) JFS 04009, "Approval of Good Cause Waiver" (1/2008);

(D) JFS 04011, "Good Cause Waiver Renewal" (1/2008);

(E) JFS 04012, "Termination of Good Cause Waiver" (1/2008);

(F) JFS 04059, "Explanation of State Hearing Procedures" (rev. 1/2015);

(G) JFS 07012, "Explanation of State Hearing Procedures (Rights and Responsibilities of Parents Receiving Child Support Services)" (rev. 9/2001);

(H) JFS 07046, "Pending Case Closure Notification" (rev. 6/2015);

(I) JFS 07092, "Notice to Individuals Applying for or Participating in Ohio Works First (OWF) Regarding Cooperation with the Child Support Enforcement Agency (CSEA)" (rev. 4/2022);

(J) JFS 07607, "Case Continuation Notice" (rev. 9/2016) and;

(K) JFS 07647, "Notice of Case Status Application" (rev. 4/1996).

Last updated August 1, 2023 at 8:29 AM

History

Effective: August 1, 2023
Promulgated Under: 119.03

Chapter 5101:12-20 Location Information

Ohio Adm.Code 5101:12-20-05 Location of an individual for support enforcement program purposes.

(A) This rule and its supplemental rules describe the requirements that shall be followed by a child support enforcement agency (CSEA) for the location of an individual for the purpose of providing support enforcement program services and the location sources that are available for this purpose.

(B) The CSEA shall provide location services when:

(1) The residential address or employment of an individual is unknown; or

(2) A request for location-only services is received.

(C) The CSEA shall accept a request for location-only services when filed by a resident parent, legal guardian, attorney, or agent of a child who is not a recipient of Ohio works first, medicaid, or Title IV-E foster care maintenance benefits.

(D) The CSEA shall access all appropriate location sources within seventy-five days of determining that location is necessary. The CSEA shall access, validate, and utilize the information received from every appropriate location source to take the next step required to provide support enforcement program services.

(E) When information received from the location source is deemed unreliable, or when otherwise appropriate, the CSEA shall verify the information.

Last updated September 4, 2026 at 10:57 AM

History

Effective: June 15, 2006
Promulgated Under: 119.03

Ohio Adm.Code 5101:12-20-05.1 Location tools.

(A) The child support enforcement agency (CSEA) shall interact with the support enforcement tracking system (SETS) to perform all location functions when those location functions are available in SETS.

(B) A CSEA shall use appropriate child support enforcement network (CSENet) transactions to request information about an individual who is believed to reside or be employed in a state other than Ohio when that state has quick locate capability with Ohio.

When the individual for whom the information is being sought is a custodial parent, the CSEA shall use the OMB-0970-0085, "Child Support Locate Request" in accordance with paragraph (A)(7) of rule 5101:12-70-05.11 of the Administrative Code.

Last updated September 4, 2026 at 10:57 AM

History

Effective: December 15, 2021
Promulgated Under: 119.03

Ohio Adm.Code 5101:12-20-05.2 State parent locator service.

(A) The office of child support within the Ohio department of job and family services maintains a state parent locator service (SPLS) to collect location information about individuals. SPLS is accessed through the support enforcement tracking system (SETS).

(B) When the location of an individual is unknown, SETS automatically accesses SPLS in order to determine the location or employment of the individual.

(1) The Ohio bureau of motor vehicles;

(2) The Ohio new hire registry; and

(3) Other information that is available through data exchange between various entities and the office of information services within the Ohio department of job and family services. When a child support enforcement agency (CSEA) receives location information through the data exchange, and the information is federal tax information (FTI) as described in rule 5101:12-1-20 of the Administrative Code and its supplemental rules, the CSEA shall separately verify the FTI prior to its use.

Last updated September 4, 2026 at 10:57 AM

History

Effective: December 15, 2021
Promulgated Under: 119.03

Ohio Adm.Code 5101:12-20-05.3 Federal parent locator service.

(A) The federal parent locator service (FPLS) is a national location system operated by the federal office of child support enforcement to assist states in locating individuals for the purpose of providing support enforcement program services. FPLS is accessed through the support enforcement tracking system (SETS).

(B) When no valid address information or no employment information regarding a non-custodial parent is recorded, SETS automatically submits the individual to FPLS.

(1) The national directory of new hire;

(2) The social security administration;

(3) The internal revenue service;

(4) The department of defense;

(5) The federal bureau of investigation; and

(6) The department of veterans affairs.

(D) FPLS continues to access these location sources every sixty days until the location and employment of the individual are verified.

Last updated September 4, 2026 at 10:57 AM

History

Effective: December 15, 2021
Promulgated Under: 119.03

Ohio Adm.Code 5101:12-20-10 Location for parental kidnapping, child custody, and visitation purposes.

(A) This rule describes the use of the federal parent locator service (FPLS) to locate an individual for parental kidnapping, child custody, or visitation purposes, pursuant to 45 C.F.R. 303.15, effective October 1, 2010, which may be viewed at: www.ecfr.gov. This rule also describes the procedures a child support enforcement agency (CSEA) shall follow upon receipt of a request to use FPLS for this purpose.

(B) The following definitions apply to this rule:

(1) "Authorized person" means:

(a) Any agent or attorney of any state who has the authority or duty to enforce child custody or visitation orders;

(b) Any court or agent of a court with jurisdiction to make or enforce child custody or visitation determination; or

(c) Any agent or attorney of the United States or of a state who has the authority to investigate, enforce, or prosecute the unlawful taking or restraint of a child.

(2) "Authorized purpose" means:

(a) To enforce any state or federal law with respect to the unlawful taking or restraint of a child; or

(b) To determine the whereabouts of a parent or child to make or enforce a custody or visitation determination.

(3) "Custody or visitation determination" means a judgment, decree, or other order of a court providing for custody or visitation of a child and includes initial, permanent, and temporary orders and modifications.

(4) "Individual" means:

(a) A parent; or

(b) A child.

(C) An authorized person may petition a court to use FPLS to obtain the current residential address or name and location of employment of an individual when the information requested will be used for an authorized purpose. When the court determines that the authorized purpose is valid, it will send to the CSEA in the county where the court is located a court order that requests access to FPLS for this purpose.

(D) A law enforcement agency may submit a direct request document for the use of FPLS to the CSEA.

(E) The court order or direct request document should contain the following:

(1) The full name of the individual;

(2) The birth date of the individual;

(3) The social security number of the individual; and

(4) The signature of the judge or other official authorizing the request.

(F) Upon receipt of a court order or direct request document, the CSEA shall forward the court order or request document to the office of child support (OCS).

The CSEA shall not create a case as a result of the receipt of a court order or direct request document.

(G) The court order or direct request document shall constitute the basis for OCS to access FPLS for this purpose and shall be the only record maintained by OCS.

(H) The following is the information that OCS may disclose about the parent or child:

(1) Address;

(2) Employer's name; and

(3) Employer's address.

(I) Any information OCS receives from FPLS will be sent to the CSEA. The CSEA shall submit the information to the court or law enforcement agency that made the request. Upon submission of the information to the court or law enforcement agency, the CSEA shall destroy all records and information related to the request and the CSEA's involvement shall be considered concluded.

(J) Restrictions on information disclosure:

(1) Information regarding federal tax information (FTI) shall not be disclosed.

(2) Information regarding multistate financial institution data match (MSFIDM) or single state financial institution data match (SSFIDM) shall not be disclosed.

(3) Information shall not be disclosed when there is reasonable evidence of domestic violence or child abuse and the disclosure of such information could be harmful to the custodial parent or child as described in rule 5101:12-10-20 of the Administrative Code.

(4) Information shall not be disclosed when the disclosure of such information would contravene the national policy or security interests of the United States or the confidentiality of census data.

Last updated September 4, 2026 at 10:25 AM

History

Effective: January 1, 2017
Promulgated Under: 119.03

Chapter 5101:12-30 Process

Ohio Adm.Code 5101:12-30-05 Administrative subpoenas.

(A) Pursuant to section 5101.37 of the Revised Code:

(1) The office of child support (OCS) in the Ohio department of job and family services and each child support enforcement agency (CSEA) may make any investigations that are necessary in the performance of their duties and, to that end, they shall have the same power as a judge of a county court to administer oaths and to enforce the attendance and testimony of witnesses and the production of books and papers;

(2) OCS and the CSEA shall keep a record of their investigations. The record may include the time, place, charges or subject, witnesses summoned and examined, and its conclusions;

(3) The issuance of an administrative subpoena by OCS or a CSEA to enforce attendance and testimony of witnesses and the production of books or papers at a hearing is discretionary and the department or agency is not required to pay the fees of witnesses for attendance and travel. The fees of witnesses for attendance and travel shall be the same as in the court of common pleas; and

(4) OCS or the CSEA may request any judge of any division of the court of common pleas to compel, by a judgment for contempt or otherwise, the attendance of witnesses, the production of books or papers, and the giving of testimony.

(B) Pursuant to section 3123.43 of the Revised Code, an obligor who fails, after receiving appropriate notice, to comply with provisions of an administrative subpoena may be subject to a license suspension as specified in sections 3123.41 to 3123.63 of the Revised Code.

Last updated October 12, 2023 at 11:00 AM

History

Effective: February 1, 2013
Promulgated Under: 119.03

Ohio Adm.Code 5101:12-30-10 Service of process.

(A) Service of process is the formal, legal notice to a party involved in an action brought by the child support enforcement agency (CSEA) that explains the purpose of the action and the party's legal rights and obligations. Receipt of notice by a party permits the CSEA, in some circumstances, to proceed with the intended action and to impose obligations on the party even if that party fails to exercise his or her right to appear or object. Therefore, it is critical that the CSEA comply with laws and regulations governing service of process. This rule is intended to provide guidance regarding service of process in administrative actions initiated by the CSEA.

(B) The CSEA will record all actions taken related to service of process within the support enforcement tracking system (SETS).

(C) Administrative actions to establish paternity or a support order require service of process in accordance with the Ohio Rules of Civil Procedure.

(1) Section 3111.421 of the Revised Code requires that the notice to a mother, any alleged father, or caretaker of a child regarding an order for genetic testing shall be sent in accordance with the Rules of Civil Procedure that govern service of process, except to the extent that the provisions of the Rules of Civil Procedure are clearly inapplicable and except that references in the provisions of the Rules of Civil Procedure to the court or to the clerk of the court shall be construed as being references to the child support enforcement agency or the administrative officer. In accordance with rules 4 (7/1/2020) and 4.1 (7/1/2020) of the Rules of Civil Procedure (www.supremecourt.ohio.gov), service of the genetic testing notice and order shall be made by United States certified or express mail, as evidenced by return receipt signed by any person, or by personal service. As an alternative to service made by the United States certified or express mail, the service may be made by a commercial carrier utilizing any form of delivery requiring a signed receipt.

(a) When the certified, express, or commercial carrier mail is returned to the CSEA because it was refused by the person to be served, or if the person serving process by personal service specifies that service of process has been refused, the CSEA shall issue the genetic testing notice and order by ordinary, first class mail evidenced by a certificate of mailing to the same address to which the certified, express, or commercial carrier mail was sent, or to the same residential address to which personal service was attempted. Service will be deemed complete when the fact of mailing is entered into SETS.

(b) When the certified or express mail is returned to the CSEA because it was unclaimed by the person to be served, the CSEA will issue the genetic testing notice and order by ordinary, first class mail evidenced by a certificate of mailing to the same address to which the certified or express mail was sent. Service will be deemed complete when the fact of mailing is entered into SETS, provided that the ordinary mail envelope is not returned by the postal authority with an endorsement showing failure of delivery. Service will be deemed incomplete or unsuccessful if the ordinary mail is returned undelivered.

(c) When the commercial carrier mail is returned to the CSEA because it was unclaimed by the person to be served, the CSEA will make service of the genetic testing notice and order by United States certified or express mail, as evidenced by return receipt signed by any person, or by personal service.

(d) When the certified, express, or commercial carrier mail is returned indicating the addressee is unknown or that the address is invalid, the CSEA may not use ordinary mail service but must make diligent efforts to obtain a valid address for certified, express, or commercial carrier mail service.

(e) When a party for whom service of process was not completed or was unsuccessful appears for genetic testing, the CSEA shall provide to that party a copy of the genetic testing notice and order for which service of process was not completed or was unsuccessful and require that party to sign a waiver of service of notice and order to appear for genetic testing. A signed waiver indicates the party has given up his or her right to service of process under the Rules of Civil Procedure and is submitting to the authority of the CSEA for purposes of the proposed action. By signing the waiver, the party also acknowledges his or her rights and responsibilities regarding the proposed action. Service of process will be deemed as waived and proof of service of process is not required for the party when the fact of waiving is entered into SETS and a copy of the signed waiver is retained in the case record. The CSEA will provide a copy of the waiver to the party and may then proceed with genetic testing and, if appropriate, the establishment of a support order as if service of process had been successfully completed at the time of signing the waiver.

(2) Section 3111.46 of the Revised Code requires that an order finding paternity or non-paternity based on the results of genetic testing be issued and sent to parties in accordance with the Rules of Civil Procedure. In accordance with rule 5 (7/1/2018) of the Rules of Civil Procedure, service of the order finding paternity or non-paternity shall be made by ordinary, first class mail to the last known address of the person to be served.

(3) Section 3111.80 of the Revised Code requires that the notice of the administrative hearing to determine child support and the provision for health care is to be sent in accordance with the Rules of Civil Procedure, except to the extent that the provisions of the Rules of Civil Procedure are clearly inapplicable and except that references in the provisions of the Rules of Civil Procedure to the court or to the clerk of the court shall be construed as being references to the child support enforcement agency or the administrative officer.

(a) In accordance with section 3111.80 of the Revised Code, if the notice of the administrative hearing to determine child support is attached to the administrative order establishing paternity, service shall be made by ordinary, first class mail to the last known address of the person to be served as allowed by section 3111.46 of the Revised Code.

(b) In accordance with section 3111.80 of the Revised Code, if the notice of the administrative hearing to determine child support is not attached to an administrative paternity order but is instead issued as a result of a request made under section 3111.29 or 3111.78 of the Revised Code, service is to be made by certified, express, or commercial carrier mail, as evidenced by return receipt signed by any person, or by personal service.

(i) When the certified, express, or commercial carrier mail is returned to the CSEA because it was refused by the person to be served, or if the person serving process by personal service specifies that service of process has been refused, the CSEA shall issue the notice of the administrative hearing to determine child support by ordinary, first class mail evidenced by a certificate of mailing to the same address to which the certified, express, or commercial carrier mail is sent, or to the same residential address to which personal service was attempted. Service will be deemed complete when the fact of mailing is entered into SETS.

(ii) When the certified or express mail is returned to the CSEA because it was unclaimed by the person to be served, the CSEA will issue the notice of the administrative hearing to determine child support by ordinary, first class mail evidenced by a certificate of mailing to the same address to which the certified or express mail was sent. Service will be deemed complete when the fact of mailing is entered into SETS, provided that the ordinary mail envelope is not returned by the postal authority with an endorsement showing failure of delivery. Service will be deemed incomplete or unsuccessful if the ordinary mail is returned undelivered.

(iii) When the commercial carrier mail is returned to the CSEA because it was unclaimed by the person to be served, the CSEA will make service of the notice of the administrative hearing to determine child support by United States certified or express mail, as evidenced by return receipt signed by any person, or by personal service.

(iv) When the certified, express, or commercial carrier mail is returned indicating the addressee is unknown or that the address is invalid, the CSEA may not use ordinary mail service but must make diligent efforts to obtain a valid address for certified mail service.

(v) When a party for whom service of process was not completed or was unsuccessful appears for the administrative hearing to determine child support, the CSEA shall provide to that party a copy of the notice of the administrative hearing to determine child support for which service of process was not completed or was unsuccessful and require that party to sign a waiver of service of the notice of the administrative support hearing. A signed waiver indicates the party has given up his or her right to service of process under the Rules of Civil Procedure and is submitting to the authority of the CSEA for purposes of the proposed action. By signing the waiver, the party also acknowledges his or her rights and responsibilities regarding the proposed action. Service of process will be deemed as waived and proof of service of process is not required for the party when the fact of waiving is entered into SETS and a copy of the signed waiver is retained in the case record. The CSEA will provide a copy of the waiver to the party and may then proceed with the establishment of a support order as if service of process had been successfully completed at the time of signing the waiver.

(D) The CSEA shall maintain evidence of proof of service or, if applicable, the signed waiver of service of notice to appear for genetic testing or administrative support hearing.

(E) In accordance with rule 4.2 (7/1/2017) of the Rules of Civil Procedure, service may be made upon the following:

(1) An individual other than a person under sixteen years of age or an incompetent person.

(2) The individual's guardian or any of the following persons with whom the individual resides if he/she is under sixteen years of age: a parent or his/her caretaker; or by serving such person if he/she neither has a guardian nor lives or resides with a parent or a caretaker.

(3) An incompetent person's guardian or an individual of authority of an institution if the incompetent person is institutionalized. Service shall be made upon an incompetent person if he/she has neither a guardian nor is institutionalized.

(4) An individual confined to a penal institution of the state or of a subdivision of the state, except when the individual is under sixteen years of age. If the individual is under sixteen years of age, the provisions outlined in paragraph (E)(2) of this rule are applicable.

(5) Service of process upon any other entity or individual shall be made in accordance with paragraphs (F) to (O) of rule 4.2 of the Rules of Civil Procedure (7/1/2017).

(F) Service of process pursuant to rules 4 through 4.6 of the Ohio Rules of Civil Procedure, except service by publication as provided in rule 4.4(A), may be made upon an individual who is a certified participant of the secretary of state address confidentiality program authorized by section 111.42 of the Revised Code, by serving the secretary of state.

(G) Pursuant to section 3121.23 of the Revised Code, except when a provision of the Revised Code specifically authorizes or requires service by other means, service of any notice on any party, a financial institution, or payor, for purposes of Chapters 3119., 3121., 3123., and 3125. of the Revised Code, shall be made by ordinary first class mail directed to the addressee at the last known address or, in the case of a corporation, at its usual place of doing business. A notice shall be considered to have been served when it is mailed.

(H) The CSEA shall make diligent efforts for service of process as follows:

(1) Determine whether the action is for the establishment of paternity or a support order, modification of an existing order, enforcement of the support order;

(2) Determine the appropriate service of process method under this rule;

(3) Utilize the most time-efficient means available to serve process; and

(4) When service is not accomplished initially, it should be attempted periodically;

(a) When service has failed but location information exists, the CSEA must document each service attempt; or

(b) When service fails because the noncustodial parent is not at the most current address, the CSEA shall document this in the case file and resubmit the case for location.

(I) When an action to establish or enforce a support order is dismissed by the court without prejudice, the CSEA shall review the reason for dismissal and determine when it is appropriate to pursue establishment or enforcement in the future. The date, reason of dismissal, and the anticipated date the CSEA will pursue establishment or enforcement of a support order shall be documented in the case record.

(J) Once service of process is achieved, the time frames specified in rule 5101:12-45-05 of the Administrative Code apply.

(K) In accordance with rule 4.7 (7/1/2022) of the Rules of Civil Procedure, the CSEA may notify a party that an administrative action has been commenced to establish a paternity determination or to establish a child support order, and to request that the party waive service of process.

(1) The CSEA will have a party complete one of the following forms to waive service of process:

(a) A JFS 01716, "Waiver of Service of Notice and Order to Appear for Genetic Testing" (effective or revised effective date as identified in rule 5101:12-30-99 of the Administrative Code) when requesting that service of process be waived for genetic testing;

(b) A JFS 01715, "Waiver of Service of Notice of Administrative Hearing to Establish a Support Order" (effective or revised effective date as identified in rule 5101:12-30-99 of the Administrative Code) when requesting that service of process be waived for an administrative hearing to establish a child support order; or

(c) A waiver of service form created by the CSEA that contains the waiver form appended to rule 4.7 (7/1/2022) of the Rules of Civil Procedure, except to the extent that the provisions of the Rules of Civil Procedure are clearly inapplicable.

(2) When requesting that a party waive service of process to establish a paternity determination or to establish a child support order, the CSEA will issue the following by ordinary, first class mail to the last known address of the party:

(a) Two copies of the waiver of service form that complies with paragraph (K)(1) of this rule;

(b) One copy of the notice and order to appear for genetic testing; or

(d) A prepaid means of returning a signed copy of the waiver of service form that complies with paragraph (K)(1) of this rule to the CSEA.

(3) The CSEA will make diligent efforts to obtain a valid address if the ordinary mail envelope for the request to waive service of process is returned by the postal authority with an endorsement showing failure of delivery. The CSEA may attempt to waive service of process again if a valid address is later obtained.

(4) The CSEA will attempt service of process in accordance with this rule if the party that is requested to waive service of process fails to return a waiver of service form within twenty-eight days after the request is issued.

(5) When a party signs a waiver of service form that complies with paragraph (K)(1) of this rule, the fact of waiving is entered into SETS, and a copy of the signed waiver is retained in the case record, proof of service of process is not required and the CSEA may proceed with genetic testing or an administrative hearing to establish a support order as if service of process was successfully completed at the time of signing the waiver.

(6) Service of process that is waived in accordance with this rule will indicate that the party to be served has declined the right to service of process under the Rules of Civil Procedure and is submitting to the authority of the CSEA for purposes of the proposed administrative action. By signing a waiver of service form, the party also acknowledges all rights and responsibilities regarding the proposed action.

(7) A party that waives service of process in accordance with this rule will maintain the right to make all defenses and objections to the administrative action commenced by the CSEA, except that party declines the right to object to the absence of service of process.

Last updated May 1, 2023 at 8:54 AM

History

Effective: May 1, 2023
Promulgated Under: 119.03

Ohio Adm.Code 5101:12-30-25 Role of the CSEA administrative officer.

(A) The child support enforcement agency (CSEA) shall employ an administrative officer, contract with another entity to provide an administrative officer, or contract with an individual to serve as an administrative officer. If the CSEA contracts with another entity or individual to serve as an administrative officer, the CSEA must comply with the contract requirements as set forth in rules 5101:12-1-80 to 5101:12-1-80.4 of the Administrative Code.

(B) An administrative officer shall:

(1) Be a notary public;

(2) Possess the ability to research, analyze, and apply:

(a) Federal and state laws and regulations relating to the establishment of paternity and the establishment, modification, and enforcement of support orders; and

(b) Administrative practices and procedures;

(3) Have no personal or professional interest that conflicts with the ability to be objective; and

(4) Be able to conduct hearings that are subject to judicial review.

(1) Issuing administrative orders requiring a child, mother, and alleged father to submit to genetic testing;

(2) Issuing administrative orders determining the existence or nonexistence of a father and child relationship; and

(3) Conducting administrative hearings and issuing administrative orders to establish the payment of child support and the method of providing for the child's medical support.

(D) The administrative officer may schedule and conduct conferences and administrative hearings related to issues of paternity and the payment of support including the administrative adjustment hearing, mistake of fact hearings, and other duties as determined by the CSEA director or administrator.

(E) When an administrative hearing is held, the administrative officer shall compile a record of the proceedings that includes copies of all documents and exhibits submitted. The record shall be maintained at the CSEA in a manner that would make it acceptable and accessible for court use.

Last updated October 12, 2023 at 11:00 AM

History

Effective: January 1, 2012
Promulgated Under: 119.03

Ohio Adm.Code 5101:12-30-99 Chapter 5101:12-30 forms - administrative procedure.

(A) JFS 01715, "Waiver of Service of Notice of Administrative Hearing to Establish a Support Order" (rev. 05/2023); and

(B) JFS 01716, "Waiver of Service of Notice and Order to Appear for Genetic Testing" (rev. 05/2023).

Last updated June 25, 2025 at 6:56 PM

History

Effective: May 1, 2023
Promulgated Under: 119.03

Chapter 5101:12-40 Paternity

Ohio Adm.Code 5101:12-40-01 Distribution of paternity acknowledgment affidavit and brochure.

(A) In accordance with sections 3111.32 and 3111.33 of the Revised Code, the Ohio department of job and family services (ODJFS) is to make the JFS 08079, "Paternity and Acknowledgment of Paternity Affidavit Brochure" (effective or revised effective date as identified in rule 5101:12-40-99 of the Administrative Code), the JFS 07038, "Acknowledgment of Paternity Affidavit" (effective or revised effective date as identified in rule 5101:12-1-99 of the Administrative Code), and the JFS 07038-I, "Notice and Instructions for Completing the JFS 07038" (effective or revised effective date as identified in rule 5101:12-40-99 of the Administrative Code), available to the Ohio department of health, to each hospital ODJFS has a contract with pursuant to section 3727.17 of the Revised Code, and to any individual who requests a pamphlet.

(B) In accordance with section 3111.33 of the Revised Code, ODJFS is to make the JFS 07038 and JFS 07038-I available to each child support enforcement agency (CSEA) and any other agency that requests a JFS 07038 or JFS 07038-I.

Last updated April 1, 2025 at 8:21 AM

History

Effective: April 1, 2025
Promulgated Under: 119.03

Ohio Adm.Code 5101:12-40-05 Determination of the existence or non-existence of a father and child relationship.

(A) The following terms and definitions apply throughout division 5101:12 of the Administrative Code:

(1) "Alleged father" means a man who is believed to be or believes himself to be the natural father of a child but a final and enforceable determination of paternity regarding that man and child does not exist.

(2) "Birth record" has the same meaning as in section 3705.01 of the Revised Code.

(3) "Central paternity registry" (CPR) is the birth registry maintained by the office of child support (OCS) in the Ohio department of job and family services (ODJFS) in accordance with section 3111.64 of the Revised Code.

(4) "Determine the existence or non-existence of a father and child relationship" refers to the administrative or judicial process that will determine whether or not a man is the natural father of a child when there is not a final and enforceable determination of paternity.

(5) "Disestablish paternity" means to attempt to overturn or reverse a final and enforceable determination of paternity.

(6) A "final and enforceable determination of paternity" exists when:

(a) In accordance with section 3111.25 of the Revised Code, the mother and father signed a JFS 07038, "Acknowledgment of Paternity Affidavit" (effective or revised effective date as identified in rule 5101:12-1-99 of the Administrative Code) which has been entered into the birth registry, and neither the mother nor the father brought an action under section 3111.27 of the Revised Code within sixty days of the signing to request the JFS 07038 be rescinded;

(b) In accordance with section 3111.49 of the Revised Code, a child support enforcement agency (CSEA) issued a JFS 07774, "CSEA Administrative Order Establishment of Paternity" (effective or revised effective date as identified in rule 5101:12-40-99 of the Administrative Code), or JFS 07771, "CSEA Administrative Order Non-existence of Father and Child Relationship" (effective or revised effective date as identified in rule 5101:12-40-99 of the Administrative Code), and neither the mother, alleged father, nor guardian or legal custodian of the child brought an action under sections 3111.01 to 3111.18 of the Revised Code within fourteen days of the issuance of the administrative order to object to the administrative order;

(c) A court issued an order determining that the man is the father of the child, or that the child was born as a product of the marriage, and neither party to the order objected to the order;

(d) In accordance with section 3111.821 of the Revised Code, an administrative child support order was issued or, in accordance with section 2151.232 of the Revised Code, a court support order was issued and neither party to the order raised the issue of the existence or non-existence of a father and child relationship although paternity was presumed pursuant to division (A)(3) of section 3111.03 of the Revised Code and as described in rule 5101:12-40-10 of the Administrative Code;

(e) In accordance with section 3111.95 of the Revised Code, the husband of a married woman consented to artificial insemination; or

(f) Another state or country has established a final and enforceable determination of paternity under the laws of that state or country, regardless of whether the determination of paternity was made pursuant to a voluntary acknowledgment of paternity, an administrative proceeding, or a court proceeding. The CSEA shall give full faith and credit to a final and enforceable determination of paternity made by another state or country.

(7) "Genetic testing" and "genetic tests" mean: tissue or blood tests, including tests that identify the presence or absence of common blood group antigens, the red blood cell antigens, human lymphocyte antigens, serum enzymes, serum proteins, or genetic markers; or deoxyribonucleic acid typing of blood or buccal cell samples. "Genetic test" and "genetic testing" may include the typing and comparison of deoxyribonucleic acid derived from the blood of one individual and buccal cells of another.

(B) The following forms are referenced throughout division 5101:12 of the Administrative Code:

(1) JFS 07038, "Acknowledgment of Paternity Affidavit" (effective or revised effective date as identified in rule 5101:12-1-99 of the Administrative Code)- A voluntary affidavit that may be signed by the mother of a child and a man alleging himself to be the natural father of the child.

(2) JFS 04070, "Addendum to the Administrative Order to Modify the Birth Record - Child Surname" (effective or revised effective date as identified in rule 5101:12-40-99 of the Administrative Code) - An addendum that may be signed by the mother of a child and a man alleging himself to be the father indicating an agreement by the parties to change the child's surname, if and only if the alleged father is found to be the natural father. If this agreement is signed by both parties and genetic testing indicates paternity is established it will be incorporated by reference into and become part of the administrative order establishing paternity.

(3) JFS 07774, "CSEA Administrative Order Establishment of Paternity" (effective or revised effective date as identified in rule 5101:12-40-99 of the Administrative Code) - Order indicating through genetic testing that a father and child relationship exists.

(4) JFS 07771, "CSEA Administrative Order Non-Existence of Father and Child Relationship" (effective or revised effective date as identified in rule 5101:12-40-99 of the Administrative Code) - Order indicating through genetic testing that a father and child relationship does not exist.

(5) JFS 07773, "CSEA Administrative Order Paternity Finding Inconclusive" (effective or revised effective date as identified in rule 5101:12-40-99 of the Administrative Code) - Order indicating that a party failed to submit to genetic testing and the results are inconclusive.

(6) JFS 04070-I, "Instructions for Completing the JFS 04070, Addendum to the Administrative Order to Modify the Birth Record - Child Surname" (effective or revised effective date as identified in rule 5101:12-40-99 of the Administrative Code) - Instructions for parents wishing to complete the JFS 04070 to change their child's surname during the administrative paternity process.

(7) JFS 07754, "Notice of Request for Paternity Determination and Order to Appear for Genetic Tests" (effective or revised effective date as identified in rule 5101:12-40-99 of the Administrative Code) - Notice issued to the natural mother, each man presumed to be the father of the child, and each man alleged to be the father of the child ordering that the parties submit to genetic testing.

(8) JFS 07029, "Request for Paternity Determination and Notification to Central Paternity Registry" (effective or revised effective date as identified in rule 5101:12-40-99 of the Administrative Code) - A request that shall be completed by a party that signed a JFS 07038 requesting the CSEA to make an administrative determination of the existence or non-existence of a father and child relationship. The request must be completed no later than sixty days after the date of the last signature on the JFS 07038.

(9) JFS 01716, "Waiver of Service of Notice and Order to Appear for Genetic Testing" (effective or revised effective date as identified in rule 5101:12-30-99 of the Administrative Code) - waiver to be signed by a presumed father, alleged father, natural mother, or caretaker of a child prior to proceeding with genetic testing when the party appears for genetic testing but service of process was not obtained, or when a CSEA requests that the party waive service of process in accordance with rule 4.7 (7/1/2022) of the Rules of Civil Procedure (www.supremecourt.ohio.gov).

(C) In accordance with Chapter 3111. of the Revised Code, the CSEA shall determine the existence or non-existence of a father and child relationship when:

(1) The child was born out-of-wedlock and:

(a) The CSEA receives a referral for a child who receives Ohio works first (OWF), Title IV-E foster care maintenance, or medicaid benefits in the same county as the CSEA; or

(b) The CSEA receives a request to determine the existence or non-existence of a father and child relationship, as described in rule 5101:12-40-20 of the Administrative Code, by:

(i) The child's mother or her personal representative;

(ii) A man alleged or alleging himself to be the father of the child or his personal representative;

(iii) The child or the child's personal representative; or

(iv) The court pursuant to division (E) of section 3111.381 of the Revised Code.

(2) There is a presumption of paternity and:

(a) The CSEA receives a request to determine the existence or non-existence of a father and child relationship, as described in rule 5101:12-40-20 of the Administrative Code, by:

(i) The child's mother or her personal representative;

(ii) A man alleged or alleging himself to be the father of the child or his personal representative;

(iii) The child or the child's personal representative.

(b) Either the mother or the presumed father who are party to a request to establish an administrative support order dispute paternity. The CSEA shall proceed as if a request had been made to determine the existence or non-existence of a father child relationship in accordance with this rule.

(D) In accordance with section 3111.38 of the Revised Code, the CSEA in the county in which the child or the guardian or legal custodian of the child resides shall determine the existence or non-existence of a father and child relationship 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.

In accordance with section 3111.39 of the Revised Code, when more than one CSEA receives a request to determine the existence or non-existence of a father and child relationship concerning the same child that meets the requirements described in this paragraph, the CSEA that receives the request first shall act on the request. When a CSEA that receives a request is not the appropriate CSEA for the filing of the request, the CSEA shall forward the request to the CSEA in which the child or the guardian or legal custodian of the child resides.

(E) Pursuant to section 3111.381 of the Revised Code, the CSEA shall attempt to determine the existence or non-existence of a father and child relationship through an administrative action and, when the administrative action is unsuccessful, by bringing a court action.

Pursuant to division (F) of section 3111.381 of the Revised Code, if the alleged father of a child is deceased and proceedings for the probate of the estate of the alleged father have been or can be commenced, the court with jurisdiction over the probate proceedings shall retain jurisdiction to determine the existence or non-existence of a father and child relationship between the alleged father and any child without an administrative determination being requested from a CSEA.

(F) Pursuant to section 3111.05 of the Revised Code, an action to determine the existence or non-existence of a father and child relationship may be brought up to and including the child's twenty-third birthday.

(G) Disestablishing paternity.

(1) When the CSEA knows or the CSEA should have known that there is a final and enforceable determination of paternity, the CSEA:

(a) Shall not assist either party in an action to disestablish paternity;

(b) Shall intervene in an action to disestablish paternity in order to defend support collections assigned to ODJFS; and

(c) May intervene in an action to disestablish paternity in order to defend a paternity determination or a support order.

(2) Except as provided in paragraph (C)(3) of rule 5101:12-1-85 of the Administrative Code, ODJFS shall not pay the cost of genetic testing performed under the statewide genetic testing contract when the CSEA knew or should have known that there was a final and enforceable determination of paternity before genetic testing was conducted.

Last updated April 1, 2026 at 8:23 AM

History

Effective: April 1, 2026
Promulgated Under: 119.03

Ohio Adm.Code 5101:12-40-10 Presumption of paternity.

(A) In accordance with division (A) of section 3111.03 of the Revised Code, a man is presumed to be the natural father of a child when a final and enforceable determination of paternity does not exist and:

(1) The man and the child's mother are married to each other and the child is born during the marriage;

(2) The man and the child's mother are married to each other and the child is born after the man and the child's mother file a separation agreement in court;

(3) The man and the child's mother have been married to each other and the child is born within three hundred days after the marriage is terminated by death, annulment, divorce, or dissolution;

(4) The man and the child's mother attempted, before the child's birth, to marry each other by a marriage that was solemnized in apparent compliance with the law of the state in which the marriage took place, the marriage is or could be declared invalid, and either of the following applies:

(a) The marriage can only be declared invalid by a court and the child is born during the marriage or within three hundred days after the termination of the marriage by death, annulment, divorce, or dissolution; or

(b) The attempted marriage is invalid without a court order and the child is born within three hundred days after the termination of cohabitation; or

(5) A JFS 07038, "Acknowledgment of Paternity Affidavit" (effective or revised effective date as identified in rule 5101:12-1-99 of the Administrative Code), has been filed with the central paternity registry and the JFS 07038 has not become final under former section 3111.211 or 5101.314 or section 2151.232, 3111.25, or 3111.821 of the Revised Code.

(B) In accordance with division (C) of section 3111.03 of the Revised Code, certain presumptions that existed in law prior to March 22, 2001, and were subsequently removed from the statute remain valid on and after that date unless rebutted. These presumptions include:

(1) Between June 24, 1982, and December 31, 1997, a man, with his consent, is named as the child's father on the birth certificate or signs the child's birth certificate as an informant as provided in section 3705.14 of the Revised Code and a final and enforceable determination of paternity has not been issued; and

(2) Between April 11, 1991, and December 31, 1997, genetic testing results indicated a probability of paternity of ninety-five per cent or greater but less than ninety-nine per cent that a man is the biological father of the child and a final and enforceable determination of paternity has not been issued.

(C) A presumption of paternity can only be rebutted by clear and convincing evidence that includes the results of genetic testing. In accordance with division (B) of section 3111.03 of the Revised Code, a presumption that arises when the husband of a married woman consented to artificial insemination or embryo donation is conclusive and cannot be rebutted, pursuant to section 3111.95 or 3111.97 of the Revised Code.

(D) If two or more conflicting presumptions arise and there is not a final and enforceable determination of paternity as described in rule 5101:12-40-05 of the Administrative Code, the child support enforcement agency (CSEA) shall request the court to determine which presumption controls.

Last updated October 20, 2023 at 2:34 PM

History

Effective: May 1, 2014
Promulgated Under: 119.03

Ohio Adm.Code 5101:12-40-15 Acknowledgment of paternity.

(A) The mother of a child and a man alleging himself to be the natural father of the child may sign a JFS 07038, "Acknowledgment of Paternity Affidavit" (effective or revised effective date as identified in rule 5101:12-1-99 of the Administrative Code) acknowledging that the child is the child of the man that signed the acknowledgment. In accordance with section 3111.23 of the Revised Code, a JFS 07038 may be filed with the central paternity registry (CPR) as follows:

(1) The natural mother, the man acknowledging that he is the natural father, or the other custodian or guardian of a child may file the JFS 07038 by mail or in person;

(2) A local registrar of vital statistics pursuant to section 3705.091 of the Revised Code may file the JFS 07038 electronically, in person, or by mail; or

(3) A hospital staff person pursuant to section 3727.17 of the Revised Code may file the JFS 07038 electronically, in person, or by mail.

(B) Each signature in the JFS 07038 is to be notarized or witnessed by two adult witnesses. The mother and the man acknowledging that he is the natural father may sign and have the signature notarized or witnessed outside of each other's presence.

(C) When the mother and man alleging himself to be the natural father sign the JFS 07038 at the CSEA they may have their signatures notarized outside of each other's presence. The CSEA is to provide a notary public to notarize or two adult witnesses to witness the JFS 07038. Prior to notarizing the JFS 07038 the CSEA is to determine whether there is a man presumed to be the father of the child or if the child is subject to a known existing final and enforceable determination of paternity. Resources for determining the existence of a presumed father or final and enforceable determination of paternity include, but are not limited to:

(1) Paternity information in the statewide automated eligibility system;

(2) CPR; and

(3) The support enforcement tracking system (SETS).

(D) No later than ten days after a JFS 07038 has been signed and notarized at the CSEA, the CSEA is to send or transmit electronically the JFS 07038 to the CPR.

(E) When the CSEA knows a man is presumed to be the father of a child and that a man other than the presumed father signed the JFS 07038 with respect to the child, the CSEA will not notarize the JFS 07038 or send the JFS 07038 to the CPR. The CSEA is to inform the parties seeking to notarize the affidavit that the CSEA cannot complete the notarization and will inform the parties of their right to establish paternity through the administrative process as described in rule 5101:12-40-20 of the Administrative Code and its supplemental rules.

(F) When the CSEA determines the child is subject to an existing final and enforceable determination of paternity as described in paragraph (A)(6) of rule 5101:12-40-05 of the Administrative Code, the CSEA is to inform the parties seeking to notarize the affidavit that the CSEA cannot assist the parties in establishing paternity as a final and enforceable determination of paternity already exists.

(G) The CSEA will not initiate action to overturn or withdraw a JFS 07038 that has been filed with the CPR when a man presumed to be the father of a child was not the man who signed the JFS 07038. When one of the parties brings an action to rescind the JFS 07038, the CSEA will proceed as described in rule 5101:12-40-17 of the Administrative Code.

(H) In accordance with section 3111.25 of the Revised Code, a JFS 07038 is final and enforceable without ratification by a court when the JFS 07038 has been filed with the CPR, the information on the JFS 07038 has been entered in the birth registry, and the JFS 07038 has not been rescinded and is not subject to rescission as described in paragraph (C) of rule 5101:12-40-17 of the Administrative Code.

In accordance with section 3111.821 of the Revised Code, a JFS 07038 that has not become final is to be considered final as of the date of the issuance of an administrative support order and neither party to the administrative order raised the issue of the existence or non-existence of a father and child relationship.

(I) When the JFS 07038 becomes final and enforceable, the man who signed the JFS 07038 assumes the parental duty of support.

Last updated April 1, 2026 at 8:23 AM

History

Effective: April 1, 2026
Promulgated Under: 119.03

Ohio Adm.Code 5101:12-40-17 Rescinding an acknowledgment of paternity.

(A) The administrative process to rescind a JFS 07038, "Acknowledgment of Paternity Affidavit" (effective or revised effective date as identified in rule 5101:12-1-99 of the Administrative Code), shall be initiated at the child support enforcement agency (CSEA) in accordance with this rule. An acknowledgment is considered rescinded when an order is issued determining the existence or non-existence of a parent child relationship, in accordance with section 3111.27 of the Revised Code, and this rule.

(B) In accordance with section 3111.38 of the Revised Code, the CSEA in the county in which the child resides or in which the guardian or legal custodian of the child resides shall determine the existence or non-existence of a father and child relationship between an alleged father and the child 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.

(C) In accordance with section 3111.27 of the Revised Code and except as provided in section 2151.232 or 3111.821 of the Revised Code, one of the persons who signed a JFS 07038 that has been filed with the central paternity registry (CPR) may initiate an action to rescind the JFS 07038 not later than sixty days after the date of the latest signature on the JFS 07038.

(1) To initiate the process to rescind the JFS 07038, the person requesting the rescission must do both of the following:

(a) Request that the CSEA make an administrative determination of the existence or non-existence of a father and child relationship by completing the administrative determination process as described in rules 5101:12-40-20 to 5101:12-40-20.2 of the Administrative Code, between the man who signed the JFS 07038 and the child who is the subject of it; and

(b) Complete a JFS 07029, "Request for Paternity Determination and Notification to Central Paternity Registry" (effective or revised effective date as identified in rule 5101:12-40-99 of the Administrative Code).

(2) The CSEA that receives the JFS 07029 shall:

(a) Submit the JFS 07029 to the CPR within three business days of receipt;

(b) Proceed with determining the existence or non-existence of a father and child relationship; and

(c) Issue an order in accordance with rule 5101:12-40-20 of the Administrative Code and its supplemental rules determining the existence or non-existence of a father and child relationship between the man that signed the acknowledgment and the child.

(3) When one of the parties fails to submit to genetic testing resulting in the issuance of an administrative order stating that it is inconclusive whether the alleged father is the natural father of the child, the CSEA shall:

(a) In accordance with section 3111.54 of the Revised Code, request the court with jurisdiction in the county in which the CSEA is located to find the person in contempt pursuant to section 2705.02 of the Revised Code, or

(b) In accordance with section 3111.04 of the Revised Code, request the court make a determination in establishing the existence or non-existence of a father and child relationship.

(D) In accordance with section 3111.821 of the Revised Code, if a person who has made a request pursuant to section 3111.78 of the Revised Code to establish support based on a presumption arising from the completion of a JFS 07038 that has not become final raises the issue of the existence or non-existence of a father and child relationship the CSEA shall follow procedures for a request to rescind as described in paragraph (A) of rule 5101:12-45-05.2 of the Administrative Code. The person raising the issue of the existence or non-existence of a father and child relationship shall follow the administrative process to rescind the JFS 07038 as described in paragraph (C) of this rule.

(E) The following judicial actions to rescind a JFS 07038 may be brought by one of the persons specified in paragraph (C) of this rule. The CSEA shall not initiate these judicial actions to rescind a JFS 07038.

(1) In accordance with section 3111.28 of the Revised Code, no later than one year after the JFS 07038 becomes final, a man presumed to be the father of the child pursuant to section 3111.03 of the Revised Code who did not sign the JFS 07038, either person who signed the JFS 07038, or a guardian or legal custodian of the child may bring an action to rescind the acknowledgment on the basis of fraud, duress, or material mistake of fact. The action may be brought in a juvenile court or the domestic relations division of the court of common pleas that has jurisdiction in the county in which the child, the guardian or custodian of the child, or either person who signed the acknowledgment resides.

(2) In accordance with section 3119.961 of the Revised Code, a person may file a motion for relief from a JFS 07038 that determines that the person or male minor referred to in division (B) of section 3109.19 of the Revised Code is the father of a child. The person is required to file the motion in the juvenile court or other court with jurisdiction of the county in which the person or the child who is the subject of the JFS 07038 resides.

Last updated October 20, 2023 at 2:34 PM

History

Effective: November 15, 2019
Promulgated Under: 119.03

Ohio Adm.Code 5101:12-40-20 Administrative determination of the existence or non-existence of a father and child relationship.

(A) This rule and its supplemental rules describe the process by which a child support enforcement agency (CSEA) shall administratively determine the existence or non-existence of a father and child relationship. The CSEA will 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) In accordance with section 3125.36 of the Revised Code, the CSEA is to make a IV-D application available to all persons who request the CSEA to determine the existence or non-existence of a father and child relationship. Pursuant to division (D) of section 3111.381 of the Revised Code, when a court requests the CSEA to determine the existence or non-existence of a father and child relationship a IV-D application must be completed and delivered to the CSEA.

Last updated January 17, 2024 at 8:47 AM

History

Effective: January 15, 2024
Promulgated Under: 119.03

Ohio Adm.Code 5101:12-40-20.1 Scheduling and conducting genetic tests.

(A) Upon receipt of a request for the determination of the existence or non-existence of a father and child relationship that contains the information described in paragraph (C) of rule 5101:12-40-20 of the Administrative Code, the child support enforcement agency (CSEA) shall assign an administrative officer to consider the request.

(B) The CSEA shall schedule genetic tests for a date that is no later than forty-five days after the administrative officer has been assigned.

(C) In accordance with rule 5101:12-30-10 of the Administrative Code, the CSEA shall send the JFS 07754, "Notice of Request for Paternity Determination and Order to Appear for Genetic Tests" (effective or revised effective date as identified in rule 5101:12-40-99 of the Administrative Code) to the natural mother of the child, each man presumed to be the father of the child, and each man alleged to be the father of the child. If a caretaker exists, the CSEA will send the JFS 07754 to the caretaker.

(D) The CSEA may change the child's surname as part of the administrative order establishing paternity. When requested by the natural mother, presumed father or alleged father, the CSEA shall make available the JFS 04070, "Addendum to the Administrative Order to Modify the Birth Record - Child Surname" (effective or revised effective date as identified in rule 5101:12-40-99 of the Administrative Code).

(E) In accordance with sections 3111.58 and 3705.09 of the Revised Code when a presumed or alleged father is found to be the natural father of the child and the determination would result in a variance with the child's birth record, the CSEA is required to include the change to the birth record as part of the administrative order establishing paternity.

(F) Pursuant to section 3111.44 of the Revised Code, after issuing a JFS 07754, the administrative officer may schedule a conference with the mother and the alleged father to provide information. If a conference is scheduled and no other man is presumed to be the father of the child, the administrative officer shall provide the mother and alleged father the opportunity to sign a JFS 07038, "Acknowledgment of Paternity Affidavit" (effective or revised effective date as identified in rule 5101:12-1-99 of the Administrative Code). Should the mother and alleged father sign the JFS 07038, the administrative officer shall cancel the genetic testing order the officer had issued. Regardless of whether a conference is held, when the mother and alleged father do not sign a JFS 07038 or when the JFS 07038 cannot be notarized or filed because another man is presumed to be the father of the child, the child, the mother, and the alleged father shall submit to genetic testing in accordance with the order issued by the administrative officer.

(G) In accordance with section 3111.43 of the Revised Code, when a CSEA is unable to obtain service of process of the JFS 07754 on the presumed father, alleged father, or natural mother of the child within the timeframe prescribed in paragraph (B) of this rule, the CSEA shall proceed with collecting genetic testing samples from all of those persons who are present on the date the genetic testing is scheduled.

When service of process has not been obtained on the presumed father, alleged father, or natural mother of the child and that party appears for genetic testing, the CSEA shall have the party complete one of the following:

(1) A JFS 01716, "Waiver of Service of Notice and Order to Appear for Genetic Testing" (effective or revised effective date as identified in rule 5101:12-30-99 of the Administrative Code), accompanied by delivery of the JFS 07754 and a copy of the JFS 01716 to the party; or

(2) A waiver of service form created by the CSEA that contains the waiver form appended to rule 4.7 (7/1/2022) of the Rules of Civil Procedure, except to the extent that the provisions of the Rules of Civil Procedure are clearly inapplicable, accompanied by delivery of the JFS 07754 and a copy of the waiver form created by the CSEA to the party.

(H) A qualified examiner who is authorized by the court or the Ohio department of job and family services (ODJFS) shall conduct the genetic testing. Upon completion of the genetic testing, the examiner shall send a complete report of the genetic testing results to the CSEA.

Last updated December 29, 2023 at 9:32 AM

History

Effective: May 1, 2023
Promulgated Under: 119.03

Ohio Adm.Code 5101:12-40-20.2 Agreement to modify the child's surname.

(A) This rule describes the process that shall be followed when the child support enforcement agency (CSEA) changes the child's surname as part of the administrative order. This process shall be followed by a mother and alleged father when they agree to change the surname of a child if genetic testing shows a ninety-nine per cent or greater probability that the alleged father is the father of the child.

(B) When the JFS 07754, "Notice of Request for Paternity Determination and Order to Appear for Genetic Tests" (effective or revised effective date as identified in rule 5101:12-40-99 of the Administrative Code) is issued to the parties they are advised that they may request the JFS 04070, "Addendum to the Administrative Order to Modify the Birth Record - Child Surname" (effective or revised effective date as identified in rule 5101:12-40-99 of the Administrative Code) from the CSEA if they are in agreement to change the child's surname. The natural mother and presumed or alleged father shall complete the JFS 04070 to agree to change the surname of the child.

(C) By completing the JFS 04070, the mother and presumed or alleged father indicate their agreement to change the child's surname only if the CSEA orders that a father and child relationship exists between the man and the child, in accordance with rule 5101:12-40-20.3 of the Administrative Code. The JFS 04070 shall be submitted to the CSEA on or before the date the genetic test results were received by the CSEA. When the parties submit the JFS 04070 to the CSEA, the change will be included in the administrative order only if the alleged father is determined to be the father of the child.

(D) The JFS 04070 is not an acknowledgment of paternity by either party and may not be construed as such in any subsequent action.

(E) The JFS 04070 is considered to be complete when:

(1) It is an original JFS 04070 signed by both parties;

(2) All requested information has been provided and is legible;

(3) There are no alterations to the information provided;

(4) Signatures and any handwritten information is in dark blue or black ink; and

(5) Both parents' signatures are properly notarized.

(F) The CSEA shall reject a JFS 04070 if it is incomplete or if the CSEA believes the JFS 04070 is fraudulent.

(G) When the CSEA issues a JFS 07771, "CSEA Administrative Order Non-existence of Father and Child Relationship" (effective or revised effective date as identified in rule 5101:12-40-99 of the Administrative Code), or JFS 07773, "CSEA Administrative Order Paternity Finding Inconclusive" (effective or revised effective date as identified in rule 5101:12-40-99 of the Administrative Code), the JFS 04070 is null and void.

Last updated December 29, 2023 at 9:32 AM

History

Effective: November 15, 2019
Promulgated Under: 119.03

Ohio Adm.Code 5101:12-40-20.3 Administrative paternity orders.

(A) Issuing an establishment order.

Upon receipt of genetic testing results that show a ninety-nine per cent or greater probability that the alleged father is the father of the child, the administrative officer shall prepare and issue a JFS 07774, "CSEA Administrative Order Establishment of Paternity" (effective or revised effective date as identified in rule 5101:12-40-99 of the Administrative Code), ordering that a father and child relationship exists between the man and the child. The child support enforcement agency (CSEA) shall attach the genetic testing results report to the JFS 07774. The CSEA shall not attach chain of custody documents.

In accordance with section 3111.46 of the Revised Code, if identical siblings are named as the alleged father, the administrative officer shall refer the case to court and shall not issue an administrative order determining the existence of a father and child relationship.

(1) Name changes.

(a) The CSEA may allow the parties to change the surname of the child as part of the administrative order. To change the child's surname the parties shall file a JFS 04070, "Addendum to the Administrative Order to Modify the Birth Record - Child Surname" (effective or revised effective date as identified in rule 5101:12-40-99 of the Administrative Code) with the CSEA on or before the date the genetic test results were received by the CSEA. The administrative officer shall include the JFS 04070 as an addendum to the administrative order to change the child's surname and check the appropriate box on the JFS 07774.

(b) The CSEA shall first review the integrated perinatal health information system (IPHIS) to compare the father's information with the information contained in the birth record for this child. In accordance with section 3111.58 of the Revised Code, if the man determined to be the child's father is a man other than the man named in the child's birth record as the father or is otherwise at variance with the child's birth record, the administrative officer shall check the appropriate box on the JFS 07774.

(c) If no changes are to be made to the child's surname, or the CSEA determines the father's information on the child's birth record (as indicated in IPHIS) does not need to be modified, the CSEA will indicate no changes to the birth record are ordered by checking the appropriate box on the JFS 07774.

(2) In accordance with section 3111.51 of the Revised Code, unless the CSEA has reason to believe that a person named in the JFS 07774 is a potential victim of domestic violence, the JFS 07774 shall contain the full names, addresses, and social security numbers of the mother and father of the child who is the subject of the order and the full name and address of the child.

(3) In accordance with rule 5101:12-45-05.1 of the Administrative Code, the administrative officer shall schedule an administrative child support hearing by issuing the JFS 07782, "Notice of Administrative Hearing to Establish a Support Order" (effective or revised effective date as identified in rule 5101:12-40-99 of the Administrative Code), in conjunction with the JFS 07774.

(B) Issuing an exclusion order.

Upon receipt of genetic testing results that show a less than ninety-nine per cent probability that the alleged father is the natural father of the child, the administrative officer shall prepare and issue a JFS 07771, "CSEA Administrative Order Non-existence of Father and Child Relationship" (effective or revised effective date as identified in rule 5101:12-40-99 of the Administrative Code). The CSEA shall attach the genetic testing results report to the JFS 07771. The CSEA shall not attach chain of custody documents.

(1) The CSEA shall review the IPHIS system to compare the name of the man excluded as the father of the child with the name of the man identified as the father in the birth record for this child.

(2) In accordance with section 3111.58 of the Revised Code, if the man excluded as the child's father is the man named in the child's birth record as the father, the administrative officer shall indicate in the administrative order that the man shall be removed from the birth record by checking the appropriate box on the JFS 07771.

(3) If the man excluded does not appear on the child's birth record, the CSEA shall indicate no changes to the birth record are ordered by checking the appropriate box on the JFS 07771.

(1) When the alleged father or the mother willfully fails to submit to genetic testing or when either the mother, alleged father, or any person who is the custodian or guardian of the child willfully fails to submit the child to genetic testing, the CSEA shall issue the JFS 07773, "CSEA Administrative Order Paternity Finding Inconclusive" (effective or revised effective date as identified in rule 5101:12-40-99 of the Administrative Code).

(2) When the alleged father or mother willfully fails to submit to genetic testing or when the mother, alleged father, or any person who is the custodian or guardian of the child willfully fails to submit the child to genetic testing, the CSEA may proceed with one of the following actions:

(a) In accordance with section 3111.54 of the Revised Code request the court with jurisdiction in the county in which the agency is located to find the person in contempt pursuant to section 2705.02 of the Revised Code, or

(b) In accordance with section 3111.04 of the Revised Code, request the court make a determination in establishing the existence or non-existence of a parent child relationship.

(D) Parties' rights to bring action.

(1) The mother, alleged father, and the guardian or legal custodian of the child have the right to object to the JFS 07774 or the JFS 07771 by bringing an action under sections 3111.01 to 3111.18 of the Revised Code within fourteen days after the date the administrative officer issues the JFS 07774 or the JFS 07771.

(2) When an action is not brought within fourteen days of the issuance of the JFS 07774 or the JFS 07771, the JFS 07774 or JFS 07771 is final and enforceable by a court and may not be challenged in an action or proceeding under Chapter 3111. of the Revised Code.

(3) Any of the parties may bring an action under sections 3111.01 to 3111.18 of the Revised Code after a JFS 07773 has been issued.

(E) After the objection period has expired, the CSEA shall send the original or a certified copy of the JFS 07771 or JFS 07774 and the JFS 04070 if applicable, to the central paternity registry (CPR).

Last updated December 29, 2023 at 9:32 AM

History

Effective: February 11, 2019
Promulgated Under: 119.03

Ohio Adm.Code 5101:12-40-25 Court order for genetic testing.

(A) In accordance with section 3111.09 of the Revised Code, in any action instituted under sections 3111.01 to 3111.18 of the Revised Code, the court, upon its own motion, may order and, upon the motion of any party to the action, is required to order the child's mother, the child, the alleged father, and any other person who is a defendant in the action to submit to genetic testing.

(B) Instead of or in addition to genetic testing ordered pursuant to section 3111.09 of the Revised Code, the court may use a deoxyribonucleic acid (DNA) record of the child's mother, the child, the alleged father, or any other defendant that is stored in the DNA database, as described in section 109.573 of the Revised Code, to determine the existence of a parent and child relationship between the child and the child's mother, the alleged father, or another defendant. When the court orders the superintendent of the bureau of criminal identification and investigation to disclose information regarding a DNA record stored in the DNA database, the superintendent is required to send the information to the child support enforcement agency (CSEA) when the CSEA is a party to the action.

(C) When the CSEA is made a party to a judicial action instituted under sections 3111.01 to 3111.18 of the Revised Code and the court orders the CSEA to conduct genetic testing, the CSEA shall schedule the genetic testing to be conducted on a date that is no later than forty-five days after the CSEA receives the court order. The CSEA shall notify the court of the date and time of the genetic testing and the name of the laboratory that will conduct the genetic testing. If any party fails to submit to genetic testing on the scheduled date, the CSEA shall notify the court immediately of the failure.

(D) The genetic testing is required to be made by qualified examiners who are authorized by the court or the Ohio department of job and family services (ODJFS).

(E) When the CSEA receives the genetic testing results or a DNA record, the CSEA shall mail a copy of the report or information to the attorney of record for each party or, if a party is not represented by an attorney, to the party. The CSEA shall include a notice that the party may object to the admission into evidence of the report or DNA record by filing a written objection as described in division (D) of section 3111.12 of the Revised Code with the court that ordered the tests or ordered the disclosure of the information no later than fourteen days after the report or information was mailed to the attorney of record or to the party.

(F) In accordance with section 3111.09 of the Revised Code, any fees charged for genetic testing shall be paid by the party that requests the genetic testing, unless the custodian of the child is represented by the CSEA in its role as the IV-D agency, is a recipient of Ohio works first (OWF) for the benefit of the child, or the defendant in the action is found to be indigent, in which case the CSEA shall pay the costs of genetic testing.

When there is a dispute as to who shall pay the costs of genetic testing, the CSEA shall pay the costs. Neither the court nor the CSEA shall delay genetic testing due to a dispute as to who shall pay the costs.

Last updated July 13, 2023 at 11:08 AM

History

Effective: December 15, 2006
Promulgated Under: 119.03

Ohio Adm.Code 5101:12-40-30 Central paternity registry.

(A) In accordance with section 3111.64 of the Revised Code, the central paternity registry (CPR) in the office of child support in the Ohio department of job and family services (ODJFS) is to maintain a birth registry.

The birth registry is to contain the following information, when that information is included in a JFS 07038, "Acknowledgment of Paternity Affidavit" (effective or revised effective date as identified in rule 5101:12-1-99 of the Administrative Code), an order issued pursuant to section 3111.13 of the Revised Code on or after January 1, 1998, a JFS 07774, "CSEA Administrative Order Establishment of Paternity" (effective or revised effective date as identified in rule 5101:12-40-99 of the Administrative Code), or a JFS 07771, "CSEA Administrative Order Non-existence of Father and Child Relationship" (effective or revised effective date as identified in rule 5101:12-40-99 of the Administrative Code) that has been filed with the CPR:

(1) The names of the parents of the child subject to the JFS 07038 or order;

(2) The name of the child;

(3) The resident address of each parent; and

(4) Each parent's social security number.

(B) Court or administrative order establishing paternity.

(1) No later than two business days after receipt of an order issued pursuant to section 3111.13 of the Revised Code, or a JFS 07774, the CPR is to enter the necessary information in the birth registry.

(2) When a JFS 07774 indicates that a change is ordered to the birth record, the CPR will send the order to the Ohio department of health (ODH).

(3) When a JFS 04070, "Addendum to the Administrative Order to Modify the Birth Record - Child Surname" (effective or revised effective date as identified in rule 5101:12-40-99 of the Administrative Code) is attached to the administrative order as an addendum the CPR will send the order and addendum to ODH.

(4) When the CPR receives a JFS 07774 or a JFS 04070 that is incomplete or not an original or certified copy, the CPR is to record the JFS 07774 or JFS 04070 as an invalid document and return the JFS 07774 or JFS 04070 to the CSEA no later than two business days after receipt with a notice stating what needs to be corrected.

(1) No later than two business days after receipt of an order issued pursuant to section 3111.13 of the Revised Code, or a JFS 07771, the CPR is to enter the necessary information in the birth registry.

(2) When a JFS 07771 indicates that a change is ordered to the birth record the CPR will send the order to ODH.

(3) When the CPR receives a JFS 07771 that is incomplete or not an original or certified copy, the CPR is to return it to the CSEA no later than two business days after receipt. Along with the JFS 07771 the CPR is to send a notice stating what needs to be corrected.

(D) Acknowledgment of paternity.

(1) No later than five days after receipt of a JFS 07038, the CPR is to examine the JFS 07038 to determine whether it is completed correctly.

(a) The filed JFS 07038 is considered to be completed correctly when:

(i) A final and enforceable determination of paternity pursuant to rule 5101:12-40-05 of the Administrative Code, which has been filed by the CPR, does not already exist for the child;

(ii) The alleged father who signed the JFS 07038 has not previously been excluded as the father of the child by a court or administrative order, which has been filed by the CPR;

(iii) It is an original JFS 07038 as provided by ODJFS;

(iv) All of the following necessary information has been provided on the JFS 07038 by the parties;

(a) The names of the parents of the child subject to the acknowledgment,

(b) The name and place of birth of the child,

(d) The date of birth of each parent and the child,

(e) The social security number of each parent,

(v) Information provided is clear and legible;

(vi) Signatures and any handwritten information is in dark blue or black ink;

(vii) The child's and parents' information appear correct in light of the other information on the JFS 07038 (e.g., the child's date of birth is not after the date the parties signed the JFS 07038 or before the parents' dates of birth); and

(viii) Both parents signed the JFS 07038, and their signatures are properly notarized or witnessed by two adults.

(b) When the JFS 07038 has not been completed correctly, the CPR is to send a notice indicating the necessary corrections:

(i) The JFS 07038 is invalid;

(ii) The CPR is to record the JFS 07038 as an invalid document;

(iii) When the JFS 07038 is invalid because a final and enforceable paternity determination already exists or because the alleged father who signed the JFS 07038 has previously been excluded as the father of the child by a court or administrative order, the CPR is to send to the parents for whom the JFS 07038 was submitted a notice indicating why the JFS 07038 cannot be filed by the CPR; and

(iv) When the JFS 07038 is invalid because it does not contain all of the necessary information under paragraph (D)(1)(a)(viii) of this rule, the CPR is to send to the parents for whom the JFS 07038 was submitted a notice indicating the needed corrections and a new JFS 07038 to be completed.

(2) Within three business days of determining that the JFS 07038 is completed correctly, the CPR is to:

(a) Enter the information on the JFS 07038 in the birth registry; and

(b) Send the JFS 07038 to ODH.

(E) Rescission request.

(1) Upon receipt of a JFS 07029, "Request for Paternity Determination and Notification to Central Paternity Registry" (effective or revised effective date as identified in rule 5101:12-40-99 of the Administrative Code), the CPR is to contact the CSEA indicated on the JFS 07029 to verify compliance with paragraph (C)(1) of rule 5101:12-40-17 of the Administrative Code.

(a) When the CPR verifies compliance, the CPR is to note in its record the date the JFS 07029 was received and that the JFS 07038 to which the JFS 07029 pertains is subject to rescission.

(b) When the CPR is unable to verify compliance, it will note in its records the date the JFS 07029 was received and that compliance was not verified.

(2) A JFS 07038 is considered rescinded when:

(a) The CPR receives the JFS 07029 and a corresponding JFS 07774, JFS 07771, or court order; or

(b) The CPR receives a court order to rescind the JFS 07038.

(3) The CPR is to send JFS 07038 and corresponding JFS 07774 or JFS 07771 to ODH.

(F) Upon request, the CPR is to provide the registry number of a JFS 07038 that has not been rescinded or the registry number of an order that has been filed with the CPR to an individual or the individual's legal representative, to whom the JFS 07038 or order pertains.

Last updated October 1, 2026 at 9:29 AM

History

Effective: October 1, 2026
Promulgated Under: 119.03

Ohio Adm.Code 5101:12-40-36 Reimbursement for cost of genetic testing.

(A) Unless the custodian of the child is the recipient of IV-D services, the child support enforcement agency (CSEA) may seek reimbursement for the costs of genetic testing from:

(1) Any individual in an action to determine the existence or non-existence of a father and child relationship.

(2) The person against whom the court assesses the costs of the action in an action brought under sections 3111.01 to 3111.18 of the Revised Code, in accordance with section 3111.09 of the Revised Code.

Except as provided in paragraph (B) of this rule, the CSEA shall not seek reimbursement for the costs of genetic testing from a person who is a recipient or former recipient of Ohio works first.

(B) When the CSEA has previously conducted genetic testing on the child, child's mother, alleged father, or any other defendant and an action is brought under sections 3111.01 to 3111.18 of the Revised Code to object to the result of those previous tests, the CSEA shall require the person to pay for the costs of such additional testing in advance.

(C) When reimbursement is received for genetic testing costs that were paid by the Ohio department of job and family services (ODJFS), the CSEA shall ensure that the collection is disbursed to ODJFS.

The CSEA is entitled to retain reimbursement of genetic testing costs that were paid by the CSEA.

Last updated October 20, 2023 at 2:34 PM

History

Effective: May 1, 2014
Promulgated Under: 119.03

Ohio Adm.Code 5101:12-40-99 Chapter 5101:12-40 forms - paternity establishment.

(A) JFS 04070, "Addendum to the Administrative Order to Modify the Birth Record - Child Surname" (05/2014);

(B) JFS 04070-I, "Instructions for Completing the JFS 04070, Addendum to the Administrative Order to Modify the Birth Record - Child Surname" (rev. 10/2019);

(D) JFS 07038-I, "Notice and Instructions for Completing the Acknowledgment of Paternity Affidavit" (11/2024);

(E) JFS 07754, "Notice of Request for Paternity Determination and Order to Appear for Genetic Tests" (rev. 05/2014);

(F) JFS 07771, "CSEA Administrative Order - Non-existence of Father and Child Relationship" (rev. 2/2019);

(G) JFS 07773, "CSEA Administrative Order-Paternity Finding Inconclusive" (rev. 05/2014);

(H) JFS 07774, "CSEA Administrative Order - Establishment of Paternity" (rev. 2/2019);

(I) JFS 07782, "Notice of Administrative Hearing to Establish a Support Order" (rev. 2/2019); and

(J) JFS 08079, "Paternity and Acknowledgment of Paternity Affidavit Brochure" (rev. 10/2023).

Last updated April 1, 2025 at 8:21 AM

History

Effective: April 1, 2025
Promulgated Under: 119.03

Chapter 5101:12-45 Support Order Process

Ohio Adm.Code 5101:12-45-05 Support order establishment.

(A) This rule and its supplemental rules describe the process for requesting and establishing a support order.

(B) In accordance with section 3103.031 of the Revised Code, each parent of a child assumes the parental duty of support of his or her minor child. The parental duty of support is established when:

(1) A man is presumed to be the natural father of the child in accordance with rule 5101:12-40-10 of the Administrative Code;

(2) There is a final and enforceable determination of paternity in accordance with rule 5101:12-40-05 of the Administrative Code;

(3) A woman is the biological mother of a child in accordance with section 3103.03 of the Revised Code;

(4) A man or woman adopts a minor child pursuant to Chapter 3107. of the Revised Code; or

(5) A man is to be treated in law and regarded as the natural father of a child conceived as the result of artificial insemination pursuant to section 3111.95 of the Revised Code.

(C) In accordance with section 3125.36 of the Revised Code, a child support enforcement agency (CSEA) will make available a IV-D application to all persons requesting a CSEA's assistance in establishing a support order. The CSEA will 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.

(D) The CSEA with administrative responsibility will establish a support order for a child who receives Ohio works first or medicaid.

(E) The CSEA will:

(1) Consult with the public children services agency (PCSA) to identify whether it is in the best interest of the child to establish the child support order when the child is in the legal custody of a PCSA;

(2) Schedule an administrative child support hearing when:

(a) A man is presumed to be the father of a child and the parent, guardian, or legal custodian of a child, or the person with whom the child resides contacts the CSEA to request assistance in obtaining an order for support.

(b) An acknowledgement of paternity is final and enforceable and the mother or other custodian or guardian of the child contacts the CSEA to request assistance in obtaining an order for support.

(c) The administrative officer issues a JFS 07774, "CSEA Administrative Order Establishment of Paternity" (effective or revised effective date as identified in rule 5101:12-40-99 of the Administrative Code).

(d) A duty of support otherwise exists as described in paragraph (B) of this rule.

(F) The CSEA will establish a child support order or serve process necessary to begin action to establish a child support order within ninety days of locating the non-custodial parent. The determination of a father and child relationship is included in the ninety-day timeframe. The inability of the CSEA to complete service of process, which would preclude the establishment of a child support order, will be documented to show that periodic repeated efforts to serve process were taken relative to the criteria defining diligent efforts described in rule 5101:12-30-10 of the Administrative Code.

(G) In IV-D child support cases needing support orders established, regardless of whether paternity establishment is also needed, actions to establish support orders are to be completed (from the date service of process is completed to the time of disposition) within the following timeframes:

(1) Seventy-five per cent of all cases within six months; and

(2) Ninety per cent of all cases within twelve months.

Last updated November 1, 2024 at 8:03 AM

History

Effective: November 1, 2024
Promulgated Under: 119.03

Ohio Adm.Code 5101:12-45-05.1 Scheduling the administrative support hearing.

(A) In accordance with section 3111.80 of the Revised Code, the administrative officer of the child support enforcement agency (CSEA) will schedule an administrative child support hearing and send the JFS 07782, "Notice of Administrative Hearing to Establish a Support Order" (effective or revised effective date as identified in rule 5101:12-40-99 of the Administrative Code), and the JFS 00593, "Child Support Financial Affidavit" (effective or revised effective date as identified in rule 5101:12-45-99 of the Administrative Code), to the current addresses of the parents of the child in accordance with the Rules of Civil Procedure (www.supremecourt.ohio.gov) as outlined in paragraph (C)(3) of rule 5101:12-30-10 of the Administrative Code. If a caretaker exists, the CSEA will send the JFS 07782 to the caretaker.

(B) The JFS 07782 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 administrative support hearing, pursuant to section 3111.801 of the Revised Code. When either parent fails to provide the requested information, the CSEA may:

(1) 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

(2) Make reasonable assumptions on the information the parent failed to provide and proceed with determining the support as if all requested information had been provided.

(C) The administrative support hearing will be scheduled for a day that is at least thirty days after the date the JFS 07782 is issued to each parent of the child. The administrative child support hearing will be held within sixty days of the latest of:

(1) The IV-D application for services being submitted to the CSEA;

(2) The IV-D referral being received by the CSEA; or

(3) The issuance of an order determining the existence of a parent and child relationship.

(D) When service of process has not been obtained, both parents appear before the CSEA in person, telephonically, or virtually and request the establishment of an administrative child support order, the parents have all the verification necessary to proceed with the administrative child support hearing, and the administrative officer elects to proceed with the administrative child support hearing, the CSEA will have the parents complete one of the following:

(1) A JFS 01715, "Waiver of Service of Notice of Administrative Hearing to Establish a Support Order" (effective or revised effective date as identified in rule 5101:12-30-99 of the Administrative Code), accompanied by hand delivery or electronic delivery of the JFS 07782 and a copy of the JFS 01715 to the party; or

(2) A waiver of service form created by the CSEA that contains the waiver form appended to rule 4.7 (7/1/2022) of the Rules of Civil Procedure, except to the extent that the provisions of the Rules of Civil Procedure are clearly inapplicable, accompanied by hand delivery or electronic delivery of the JFS 07782 and a copy of the waiver form created by the CSEA to the party.

(E) When the CSEA determines that conducting an administrative support hearing is not in the child's best interest, the CSEA will issue by ordinary, first class mail to the last known addresses of the parties:

(1) The JFS 01717, "Dismissal of Request to Establish a Support Order" (effective or revised effective date as identified in rule 5101:12-45-99 of the Administrative Code) when an administrative child support hearing has not already been scheduled; or

(2) The JFS 01718, "Dismissal of Administrative Hearing to Establish a Support Order" (effective or revised effective date as identified in rule 5101:12-45-99 of the Administrative Code) when an administrative child support hearing has already been scheduled.

Last updated November 1, 2024 at 8:04 AM

History

Effective: November 1, 2024
Promulgated Under: 119.03

Ohio Adm.Code 5101:12-45-05.2 Conducting the administrative support hearing.

(A) In accordance with sections 3111.82 and 3111.821 of the Revised Code, when an administrative child support hearing is held and there is not a final and enforceable determination of paternity, the parties may raise the issue of the existence or nonexistence of a father and child relationship. The administrative officer shall treat the issue as a request made pursuant to rule 5101:12-40-20 of the Administrative Code and determine the issue in accordance with that rule and its supplemental rules.

(1) Circumstances in which paternity may be rebutted during an administrative support hearing include:

(a) Paternity is presumed pursuant to section 3111.03 of the Revised Code except that a presumption that is conclusive as provided in division (A) of section 3111.95 of the Revised Code cannot be rebutted; or

(b) An acknowledgment of paternity has been filed but has not become final.

If the parties raise the issue of the existence or nonexistence of a father and child relationship when an acknowledgment of paternity has been filed but is not final, the administrative officer shall treat it as a request to rescind the acknowledgment and proceed in accordance with rule 5101:12-40-17 of the Administrative Code.

(B) An administrative officer must be present to conduct the administrative child support hearing.

(C) Each person may bring a representative to the administrative child support hearing. The administrative officer may exclude any individual who is determined not to have a valid interest in the proceedings.

(D) The child support enforcement agency (CSEA) shall allow each person to present evidence proving or disproving verifications and allegations of earnings, income, wages, or assets and any other information that may be used to establish the amount a parent should pay for support.

(E) The CSEA shall comply with the requirements contained in rules 5101:12-1-17 and 5101:12-45-10 of the Administrative Code when determining and setting child support amounts.

(F) At the conclusion of the administrative child support hearing, the administrative officer shall ensure that:

(1) A record of the proceedings, which includes copies of all documents and exhibits submitted, is compiled;

(2) The JFS 07719, "Administrative Order for Child Support and Medical Support" (effective or revised effective dates as identified in rule 5101:12-45-99 of the Administrative Code) is completed and issued to each person within five business days of the administrative child support hearing;

(3) A record of the administrative child support hearing is maintained in a manner that would make it acceptable and accessible for court use; and

(4) The support enforcement tracking system (SETS) is updated with the administrative support order information.

Last updated October 7, 2024 at 9:26 AM

History

Effective: March 28, 2019
Promulgated Under: 119.03

Ohio Adm.Code 5101:12-45-05.3 Administrative support order.

(A) In accordance with section 3119.86 of the Revised Code, the duty of support to a child imposed pursuant to an administrative support order will continue beyond the child's eighteenth birthday only if the child continuously attends a recognized and accredited high school on a full-time basis on and after the child's eighteenth birthday. A parent ordered to pay support under an administrative child support order will continue to pay support under the order, including during seasonal vacation periods, until the order terminates. An administrative child support order will not remain in effect after the child reaches age nineteen.

(B) In accordance with sections 3111.83, 3111.831, and 3111.832 of the Revised Code, the administrative officer will register or cause to be registered the administrative child support order:

(1) In a system and using a procedure developed by the child support enforcement agency (CSEA) for the organized safekeeping and retrieval of administrative support orders; or

(2) With the clerk of a court of appropriate jurisdiction. Pursuant to section 3111.832 of the Revised Code, if an administrative support order is registered with the clerk of court of appropriate jurisdiction, the clerk will not charge a fee for the registration and will assign the order a case number.

(C) In accordance with section 3111.81 of the Revised Code, the administrative child support order will take effect fourteen days after the order is issued, and is final and enforceable by a court or a CSEA. The administrative support order may be modified only as provided in Chapters 3119., 3121., and 3123. of the Revised Code.

(D) Any party may object to the administrative support order by bringing an action for the payment of support and provision for the child's health care under section 2151.231 of the Revised Code. The action is to be brought in 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 issues the order is located. The court action is to be brought no later than fourteen days after the date 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) was issued. The administrative support order will remain in effect during the pendency of the objection unless a party requests and is granted a stay by the court.

Last updated June 2, 2025 at 7:58 AM

History

Effective: June 1, 2025
Promulgated Under: 119.03

Ohio Adm.Code 5101:12-45-10 Calculation of the support obligations.

(A) The child support enforcement agency (CSEA) will comply with the requirements contained within this rule and rule 5101:12-1-17 of the Administrative Code when calculating or adjusting the child support and cash medical support obligations contained within a child support order.

(B) The CSEA will not deviate from the guidelines.

(1) When a deviation is desired by either party, the requesting party will petition the appropriate court.

(2) In accordance with section 3119.63 of the Revised Code, when a court child support order under review contains a deviation granted under section 3119.06, 3119.22, 3119.23, 3119.231, or 3119.24 of the Revised Code, the CSEA will do one of the following:

(a) Apply the deviation from the existing order to the revised amount of child support, provided that the agency can determine the monetary or percentage value of the deviation with respect to the court child support order; or

(b) Not apply the deviation from the existing order to the revised amount of child support, when the CSEA can not determine the monetary or percentage value of the deviation.

(3) The CSEA will indicate on the JFS 07724, "Administrative Adjustment Recommendation" (effective or revised effective date as identified in rule 5101:12-45-99 of the Administrative Code) whether the court-ordered deviation has been applied in accordance with paragraph (B)(2) of this rule.

(C) In accordance with division (C)(18) of section 3119.01 of the Revised Code, the CSEA may impute potential income to a parent when the CSEA determines that the parent is voluntarily unemployed or underemployed.

(1) Imputed income may be based on what the parent would have earned if fully employed as determined from the following criteria:

(a) The parent's prior employment experience;

(b) The parent's education;

(d) The availability of employment in the geographic area in which the parent resides;

(e) The prevailing wage and salary levels in the geographic area in which the parent resides;

(f) The parent's special skills and training;

(g) Whether there is evidence that the parent has the ability to earn the imputed income;

(h) The age and special needs of the child subject to the child support order (hereafter "child");

(i) The parent's increased earning capacity because of experience;

(j) The parent's decreased earning capacity because of a felony conviction; or

(k) Any other relevant factor.

(2) Income may also be imputed from any non income-producing assets of a parent, as determined from the local passbook savings rate or another appropriate rate as determined by the CSEA, not to exceed the rate of interest specified in division (A) of section 1343.03 of the Revised Code, when the income is significant.

(D) In accordance with division (I) of section 3119.05 of the Revised Code, unless it would be unjust or inappropriate and therefore not in the best interest of the child, a CSEA will not determine a parent to be voluntarily unemployed or underemployed and will not impute income to that parent if any of the following conditions exists:

(1) The parent is receiving recurring monetary income from means-tested public assistance benefits, including cash assistance payments under the Ohio works first program established under Chapter 5107. of the Revised Code, general assistance under former Chapter 5113. of the Revised Code, supplemental security income, or means-tested veterans' benefits; or

(2) The parent is approved for social security disability insurance benefits because of a mental or physical disability, or the court or CSEA determines that the parent is unable to work based on medical documentation that includes a physician's diagnosis and a physician's opinion regarding the parent's mental or physical disability and inability to work; or

(3) The parent has proven that the parent has made continuous and diligent efforts without success to find and accept employment, including temporary employment, part-time employment, or employment at less than the parent's previous salary or wage; or

(4) The parent is complying with court-ordered family reunification efforts in a child abuse, neglect, or dependency proceeding, to the extent that compliance with those efforts limits the parent's ability to earn income; or

(5) The parent is institutionalized for a period of twelve months or more with no other available income or assets.

(E) In accordance with division (J) of section 3119.05 of the Revised Code, when a court or agency calculates the income of a parent, it will not determine a parent to be voluntarily unemployed or underemployed and will not impute income to that parent if the parent is incarcerated. "Incarcerated" has the same meaning as in division (Q) of section 3119.05 of the Revised Code.

(F) In accordance with division (L) of section 3119.05 of the Revised Code, a CSEA may disregard a parent's additional income from overtime or additional employment when the agency finds that the additional income was generated primarily to support a new or additional family member or members, or under other appropriate circumstances.

(G) In accordance with division (M) of section 3119.05 of the Revised Code, if both parents involved in the immediate child support determination have a prior order for support relative to a minor child or children born to both parents, the CSEA will collect information about the existing order or orders and consider those together with the current calculation for support to ensure that the total of all orders for all children of the parties does not exceed the amount that would have been ordered if all children were addressed in a single proceeding.

To determine the amount of the child support obligation, including cash medical, the CSEA will calculate the guidelines using the total number of common children between the parties to determine what the ordered child support amount would have been if all children were being addressed in a single order. Subtract from that amount the total of any existing current child support obligations for common children between the parties.

(1) When the calculation results in a balance of zero or greater, the balance becomes the obligation amount for the new child support obligation, or;

(2) When the calculation results in a balance that is less then zero, the resulting child support obligation will be zero.

(H) In accordance with section 3119.051 of the Revised Code, the support obligation will be reduced by ten per cent of the amount of the individual support obligation for the parent(s) when a court has issued or is issuing a court-ordered parenting time order that equals or exceeds ninety overnights per year. This reduction may be in addition to the other deviations and reductions.

(I) In accordance with section 3119.04 of the Revised Code, in determining the amount of child support to be paid under any child support order issued or adjusted by the CSEA:

(1) When the combined annual income of both parents falls below eight thousand four hundred dollars, the CSEA will apply the minimum support amount in accordance with section 3119.06 of the Revised Code. The CSEA, in its discretion and in appropriate circumstances, may issue a minimum support order of less than eighty dollars a month or issue an order not requiring the obligor to pay any child support amount. The circumstances under which a CSEA may issue an order include the nonresidential parent's medically verified or documented physical or mental disability or institutionalization in a facility for persons with a mental illness or any other circumstances considered appropriate by the CSEA.

(2) The CSEA will enter the figure, determination, and supporting findings on 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) or JFS 07724.

(3) When the combined annual income of both parents is greater than the maximum amount listed on the JFS 07767, "Basic Child Support Schedule" (effective or revised effective date as identified in rule 5101:12-1-99 of the Administrative Code), the CSEA will determine the amount of the obligor's child support obligation on a case-by-case basis and will consider the needs and the standard of living of the child and of the parents.

The CSEA will compute a basic combined child support obligation that is no less than the obligation that would have been computed under the basic child support schedule and applicable worksheet for a combined annual income equal to the maximum annual incomes listed on the JFS 07767, unless the CSEA determines that it would be unjust or inappropriate and therefore not in the best interest of the child, obligor, or obligee to order that amount. When the CSEA makes such a determination, the CSEA will enter the figure, determination, and supporting findings of fact in an addendum to the JFS 07719 or JFS 07724.

(J) In determining the amount of cash medical support to be paid under any child support order issued or adjusted by the CSEA, the CSEA will calculate the cash medical support obligation in accordance with this rule and with rule 5101:12-1-17 of the Administrative Code. The cash medical support amount will be ordered based on the number of children subject to the order and split between the parties using the parents' income share.

(K) When calculating the appropriate amount of child support and cash medical support to be paid under a child support order, the CSEA will determine the appropriate parent(s) to provide health care coverage for the children.

Last updated April 3, 2024 at 3:29 PM

History

Effective: April 3, 2024
Promulgated Under: 119.03

Ohio Adm.Code 5101:12-45-15 Grandparent's request for child support for grandchild.

(A) This rule describes the process for the child support enforcement agency (CSEA) to establish an administrative child support order for a child born to parents who are unmarried and unemancipated.

(B) For the purposes of rules in division 5101:12 of the Administrative Code, "minor" means an individual under the age of eighteen years.

(C) In accordance with section 3109.19 of the Revised Code, when a child (hereafter child) is born to parents who are unmarried and unemancipated (hereafter minors) and a parent of one of the minors (hereafter grandparent) is providing support for the child, the grandparent who is providing support for the child may request the CSEA in the county in which the child resides to:

(1) Determine the existence of a parent and child relationship, if necessary; and

(2) Issue an administrative child support order, pursuant to rules 5101:12-45-05 to 5101:12-45-05.3 of the Administrative Code, requiring all of the grandparents to pay child support for the child.

(D) On receipt of a request, the CSEA shall schedule an administrative child support hearing to determine, in accordance with Chapters 3119., 3121., 3123., and 3125. of the Revised Code, the amount of child support the grandparents are required to pay, the method of paying the child support, and the method of providing for the child's health care needs.

(1) The CSEA shall hold the administrative child support hearing no later than sixty days from the date the request is received.

(2) The CSEA shall issue a notice of administrative hearing to establish a child support order to the grandparents, in accordance with rule 5101:12-30-10 of the Administrative Code, at least thirty days before the date the administrative child support hearing is to be held.

(E) In accordance with division (C)(1) of section 3109.19 of the Revised Code, the CSEA shall calculate the child support amount using the income of all the grandparents instead of the income of the minors.

(1) When the maternal or paternal grandparents are divorced or were never married, the CSEA shall calculate their income as if they were married to one another and then order each grandparent to pay his or her respective percentage of the child support imposed, based on his or her percentage of income.

(2) When a child support order issued pursuant to section 2151.23, 2151.231, 2151.232, 3111.13, or 3111.81 of the Revised Code requires one of the minors to pay child support for the child, the amount the minor is required to pay shall be deducted from any amount that the grandparents are required to pay.

(F) The CSEA shall issue an administrative child support order to require the grandparents to pay child support. The administrative order shall also provide for the health care needs of the child.

(1) In accordance with section 3111.81 of the Revised Code, the administrative child support order shall:

(a) Require periodic payments of child support that may vary in amount, except that, if it is in the best interest of the child, the administrative officer may order the purchase of an annuity in lieu of periodic payments of child support if the purchase agreement provides that any remaining principal will be transferred to the ownership and control of the child on the child's attainment of the age of majority; and

(b) Require the grandparents to provide for the health care needs of the child in accordance with sections 3119.29 to 3119.56 of the Revised Code.

(2) In accordance with division (C)(2) of section 3109.19 of the Revised Code, the CSEA shall include the following paragraph in the administrative child support order:

The grandparents may object to the administrative child support order by filing a complaint pursuant to division (B)(2) of section 3109.19 of the Revised Code with the court requesting that the court issue an order requiring the grandparents to pay child support for the child and provide for the child's health care needs; the complaint may be filed no later than thirty days after the date of the issuance of the administrative child support order; and, if none of the grandparents file a complaint pursuant to division (B)(2) of section 3109.19 of the Revised Code, the administrative child support order is final and enforceable by a court and may be modified and enforced only in accordance with Chapters 3119., 3121., 3123., and 3125. of the Revised Code.

(3) The CSEA shall include in the administrative child support order the provisions contained in divisions (D) and (E) of section 3109.19 and section 3121.29 of the Revised Code.

(G) When the CSEA receives notice that the administrative child support order should terminate, as described in division (D) of section 3109.19 of the Revised Code, the CSEA shall comply with rule 5101:12-60-50 of the Administrative Code.

Last updated October 12, 2023 at 11:01 AM

History

Effective: October 15, 2018
Promulgated Under: 119.03

Ohio Adm.Code 5101:12-45-25 Monthly administration of support orders.

(A) In accordance with section 3121.51 of the Revised Code, regardless of what timeframes or payments are associated with a court or administrative order, the child support enforcement agency (CSEA) shall administer the order on a monthly basis. In accordance with section 3121.53 of the Revised Code, the monthly administration of the support order does not affect the frequency or the amount of the support payments to be made under the order.

(B) In accordance with section 3121.28 of the Revised Code, whenever the CSEA issues or modifies a support order, the CSEA shall include in the order, along with any provision required by the Revised Code, all of the following:

(1) A requirement that the CSEA administer the order on a monthly basis, regardless of the frequency or the amount of the support payments to be made under the order;

(2) The monthly amount due under the support order for purposes of its monthly administration; and

(3) A statement that payments under the order are to be made in the manner ordered by the CSEA or court, and that if the payments are to be made other than on a monthly basis, the required monthly administration by the CSEA does not affect the frequency or the amount of the support payments to be made under the order.

(C) In accordance with section 3121.52 of the Revised Code, when payments are ordered on a non-monthly basis, the CSEA shall calculate the monthly amount due under the order, for purposes of monthly administration, in the following manner:

(1) For weekly support order payments, multiply the weekly amount due by fifty-two and divide the resulting annual amount by twelve;

(2) For biweekly support order payments, multiply the biweekly amount due by twenty-six and divide the resulting annual amount by twelve; and

(3) For periodic support order payments that are not weekly, biweekly, or monthly, multiply the periodic amount due by an appropriate number to obtain the annual amount due and divide that amount by twelve.

(D) If the support order requires payments to begin on a day other than the first day of the month or terminate on a day other than the last day of the month, the CSEA, for purposes of monthly administration, shall compute the pro rated obligation amount due that month in the following manner:

(1) Determine an annual amount in accordance with paragraph (C) of this rule.

(2) Divide the annual amount by one of the following to obtain the daily rate:

(a) Three hundred sixty-six if support payments begin or end in a leap year; or

(b) Three hundred sixty-five if support payments begin or end in a year that is not a leap year.

(3) Multiply the daily rate by the number of days the order is in effect in the month, including the date the support payment begins and the last day of the first month.

Last updated October 12, 2023 at 11:01 AM

History

Effective: March 1, 2017
Promulgated Under: 119.03

Ohio Adm.Code 5101:12-45-99 Chapter 5101:12-45 forms - support establishment.

(A) JFS 00593, "Child Support Financial Affidavit" (rev. 3/2019);

(B) JFS 07719, "Administrative Order for Child Support and Medical Support" (rev. 10/2019);

(D) JFS 01717, "Dismissal of Request to Establish a Support Order" (rev. 11/2024); and

(E) JFS 01718, "Dismissal of Administrative Hearing to Establish a Support Order" (rev. 11/2024).

Last updated June 25, 2025 at 6:16 PM

History

Effective: November 1, 2024
Promulgated Under: 119.03

Chapter 5101:12-47 Medical Support

Ohio Adm.Code 5101:12-47-01 Medical support definitions.

The following definitions apply throughout division 5101:12 of the Administrative Code:

(A) "Accessible" means that primary care services are located within thirty miles from the residence of the child subject to the child support order. Private health insurance is presumed accessible unless determined inaccessible by a child support enforcement agency (CSEA) during an administrative proceeding, or by a court with jurisdiction over the child support case.

(B) "Cash medical support" has the same meaning as in division (C)(1) of section 3119.01 of the Revised Code.

(D) "Federal poverty level for an individual" means the official poverty guideline amount for a one-person household, as revised annually in accordance with 42 U.S.C. 9902(2) (10/27/98).

(E) "Health care coverage" means any medical support that includes health insurance coverage or a public health care plan, payment of costs of premiums, copayments, and deductibles, or payment for medical expenses incurred on behalf of the child subject to the child support order.

(F) "Health insurance coverage" means accessible private health insurance that provides primary care services within thirty miles from the residence of the child subject to the child support order.

(G) "Health plan administrator" means any entity authorized under Title XXXIX of the Revised Code to engage in the business of insurance in this state, any health insuring corporation, any legal entity that is self-insured and provides benefits to its employees or members, and the administrator of any such entity or corporation.

(H) "Health insurance obligor" means a person who is required under a child support order to provide health insurance coverage for the child subject to the child support order. The health insurance obligor may be either the custodial parent, the non-custodial parent, or both.

(I) "Medical support" means a provision of a support order:

(1) To provide health care coverage for the child subject to the support order;

(2) To provide cash medical support;

(3) For the shared responsibility of uncovered healthcare expenses; or

(4) That is issued by the court for payment of a specified dollar amount for medical expenses incurred on behalf of the individual subject to the support order.

(J) "Primary care services" means health care services and laboratory services customarily provided by or through a licensed general practitioner, family medicine physician, internal medicine physician, or pediatrician.

(K) "Reasonable cost" and "reasonable in cost" means the cost of health insurance coverage to a parent does not exceed five per cent of the annual income of that parent. In applying the five per cent to the cost, the cost is the total actual out-of-pocket cost of a health insurance premium paid or expected to be paid for the coverage.

(L) "Shared responsibility of uncovered healthcare expenses" means the medical support provision established under a formula in accordance with section 3119.30 or 3119.32 of the Revised Code for the obligor and obligee to each cover an identified percentage of the uninsured medical expenses incurred for a child during a calendar year that exceed the total cash medical support amount owed by the parents during that year.

Last updated September 9, 2024 at 3:03 PM

History

Effective: January 15, 2020
Promulgated Under: 119.03

Ohio Adm.Code 5101:12-47-02 Medical support provisions.

(A) In any action or proceeding in which a child support enforcement agency (CSEA) issues or modifies a child support order, each party to the child support order is required to provide a list of any available group health insurance policies, contracts, or plans to the CSEA. Based on information provided by the parties, the CSEA shall issue medical support provisions in accordance with this rule.

(B) In accordance with division (B) of section 3119.30 of the Revised Code, the obligee is presumed to be the appropriate parent to provide health insurance coverage for the children subject to the child support order, unless rebutted by one of the following:

(1) It is appropriate to order the obligor to provide health insurance coverage when:

(a) The obligor already has health insurance coverage for the children that is reasonable in cost; or

(b) The obligor already has health insurance coverage in place for the children that is not reasonable in cost, but agrees to be named the health insurance obligor and provide coverage under division (A)(2)(a) of section 3119.302 of the Revised Code; or

(c) The obligor can obtain health insurance coverage for the children that is reasonable in cost through an employer or other source. For employer-based coverage, the CSEA shall consider the length of time the obligor has worked with the employer and the stability of the insurance; or

(2) The obligor is the appropriate parent to provide health insurance coverage when the obligee is a non-parent individual or agency that has no duty to provide medical support and the obligor meets one of the conditions listed in paragraph (B)(1) of this rule.

(C) It is appropriate to order both parents to provide health insurance coverage for the children when both parents wish to be named the health insurance obligor and already have health insurance coverage in place or have health insurance coverage available for the children.

(D) Unless the obligee is a non-parent individual or agency that has no duty to provide medical support, when health insurance coverage for the children is not available at reasonable cost to the obligor or obligee at the time the CSEA issues or modifies an order, the order shall specify that the obligee obtain health care coverage for the children not later than thirty days after it becomes available at a reasonable cost, and to inform the CSEA when health care coverage for the children has been obtained.

(E) When the CSEA issues or modifies a child support order, the CSEA shall include a requirement that when health insurance coverage becomes available at a reasonable cost, the obligor shall inform the CSEA and may seek a modification of health care coverage from the court with respect to a court support order, or from the agency with respect to an administrative support order.

(F) Both parents may be ordered to provide health care coverage and pay cash medical support if the obligee is a nonparent individual or agency that has no duty to provide medical support.

(G) In accordance with sections 3119.30 and 3119.32 of the Revised Code, in any action or proceeding in which the CSEA is issuing or modifying a child support order, the CSEA shall order or recommend the medical support provision for the shared responsibility of uncovered healthcare expenses.

(H) When a child support order is issued or modified, the order shall include a cash medical amount in accordance with rules 5101:12-1-17 and 5101:12-45-10 of the Administrative Code.

(I) In accordance with section 3119.302 of the Revised Code, notwithstanding division (B) of section 3119.29 of the Revised Code, the CSEA may do either of the following:

(1) Permit primary care services to be farther than thirty miles if residents in part or all of the immediate geographic area customarily travel farther distances; or

(2) Require primary care services be accessible by public transportation if public transportation is the obligee's only source of transportation.

(J) When the CSEA makes either accessibility determination in paragraph (I) of this rule, the CSEA shall include this determination in the child support order.

Last updated September 9, 2024 at 3:04 PM

History

Effective: January 15, 2020
Promulgated Under: 119.03

Chapter 5101:12-50 Enforcing Support Orders

Ohio Adm.Code 5101:12-50-10 Income withholding or income deduction.

(A) This rule and its supplemental rules describe the requirements for a child support enforcement agency (CSEA) to implement income withholding or income deduction.

(B) The following definitions apply to this rule and other rules in Chapters 5101:12-50 and 5101:12-55 of the Administrative Code:

(1) "Income" means, pursuant to section 3121.01 of the Revised Code, any form of monetary payment, including personal earnings; workers' compensation payments; unemployment compensation benefits to the extent permitted by, and in accordance with, sections 3121.07 and 4141.284 of the Revised Code, and federal law governing the Ohio department of job and family services; pensions; annuities; allowances; private or governmental retirement benefits; disability or sick pay; insurance proceeds; lottery prize awards; federal, state, or local government benefits to the extent that the benefits can be withheld or deducted under the law governing the benefits; any form of trust fund or endowment; lump sum payments, including a one-time pay supplement of one hundred fifty dollars or more paid under section 124.183 of the Revised Code; and any other payment in money.

(2) "Financial institution" means a bank, savings and loan association, or credit union, or a regulated investment company or mutual fund.

(3) "Payor" means, pursuant to section 3121.01 of the Revised Code, any person or entity that pays or distributes income to an obligor, including an obligor if the obligor is self-employed; an employer; an employer paying an obligor's workers' compensation benefits; the public employees retirement board; the governing entity of a municipal retirement system; the board of trustees of the Ohio police and fire pension fund; the state teachers retirement board; the school employees retirement board; the state highway patrol retirement board; a provider, as defined in section 3305.01 of the Revised Code; the bureau of workers' compensation; or any other person or entity other than the Ohio department of job and family services with respect to unemployment compensation benefits paid pursuant to Chapter 4141. of the Revised Code.

(4) "Personal earnings" means compensation paid or payable for personal services, however denominated, and includes wages, salary, commissions, bonuses, draws against commissions, profit sharing, vacation pay, or any other compensation.

(5) "Protected benefit" means the certain federal benefit payments which are exempt from garnishment from a financial institution account. This includes:

(a) Social security administration benefit payments protected under 42 U.S.C. 407 (10/21/1998) and 42 U.S.C. 1383(d)(1) (11/2/2015);

(b) Veterans affairs benefit payments protected under 38 U.S.C. 5301(a) (12/16/2003);

(c) Railroad retirement board benefit payments protected under 45 U.S.C. 231m(a) (12/29/1995) and 45 U.S.C. 352(e) (1/2/2013); and

(d) Office of personnel management benefit payments protected under 5 U.S.C. 8346 and 5 U.S.C. 8470 (10/13/1978).

(6) "Willfully" means an action taken voluntarily and intentionally with a specific intent to take an action or fail to take an action.

(C) The CSEA shall use the JFS 04047, "Income Withholding for Support" (effective or revised effective date as identified in rule 5101:12-50-99 of the Administrative Code), to implement income withholding to collect current support and arrears from a payor.

(D) The CSEA shall use the 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), to deduct funds from an account in a financial institution.

(E) The responsibilities of a payor or financial institution in receipt of a JFS 04047 or JFS 04017 can be found in Chapter 3121. of the Revised Code.

(F) When a payor or financial institution fails to comply with any requirement of a JFS 04047 or JFS 04017 issued by a CSEA, the CSEA shall bring an action under section 3121.371 of the Revised Code requesting the court to order the payor or financial institution to comply with the JFS 04047 or JFS 04017. If the payor or financial institution fails to comply with the court's order, such failure is contempt of court.

Last updated January 2, 2024 at 9:29 AM

History

Effective: January 1, 2024
Promulgated Under: 119.03

Ohio Adm.Code 5101:12-50-10.1 Income that may be withheld or deducted.

(A) Sources of income that are subject to withholding or deduction include but are not limited to:

(1) Income from a payor;

(2) Funds on deposit in any demand account, checking or negotiable withdrawal order account, savings account, time deposit account, or the cash portion of a money market mutual fund account;

(3) Income or benefits from federal agencies, including military branches and social security disability or retirement benefits;

(4) Benefits paid by the department of veterans affairs if such payment is remuneration for employment; and

(5) Payments described in 5 C.F.R. 581.103 (revised 3/26/1998).

(B) Sources of income that are not subject to withholding or deduction include but are not limited to:

(1) Not withstanding any other provision of law, monetary benefits paid by the department of veterans affairs that are generally based on the veteran's disability, war-time service, or disability from service-connected injury or disease;

(2) Means-tested income or benefits including, but not limited to, supplemental security income benefits;

(3) Payments described in 5 C.F.R. 581.104 (revised 3/26/1998); and

(4) Funds in an account with a financial institution that represent a protected benefit.

Last updated December 4, 2023 at 8:39 AM

History

Effective: October 15, 2018
Promulgated Under: 119.03

Ohio Adm.Code 5101:12-50-10.2 CSEA's responsibility for income withholding and income deduction.

(A) When the child support enforcement agency (CSEA) determines that the obligor is receiving income from a payor, the CSEA shall issue a JFS 04047, "Income Withholding for Support" (effective or revised effective date as identified in rule 5101:12-50-99 of the Administrative Code), within fifteen days of:

(1) Issuing or modifying an administrative support order;

(2) Receiving notice of a change in the obligor's source of income or the CSEA otherwise determining that there has been a change in the source of the obligor's income;

(3) Determining that a modified JFS 04047 is required as the result of an investigation concerning the termination of a support order; or

(4) Locating an obligor following the issuance or modification of the support order.

(B) When the CSEA determines that the obligor has funds on deposit in a financial institution, the CSEA shall conduct an investigation to determine whether any amount of funds in the account represent a protected benefit, as described in rule 5101:12-50-10 of the Administrative Code.

(1) The investigation shall:

(a) Identify whether the obligor is receiving or has received income from a protected benefit;

(b) Include, but is not limited to, research in the support enforcement tracking system (SETS) and the state verification exchange system/defense manpower data center (SVES/DMDC); and

(2) When the CSEA determines that any of the funds in the account are from a protected benefit source, the CSEA shall not issue the 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).

(3) When the CSEA determines that the funds in the account are not from a protected benefit source, the CSEA may issue the JFS 04017.

(C) The CSEA shall return to the obligor any funds deducted from the account that are later identified as funds from a protected benefit source, within two business days of the CSEAs determination. The CSEA shall issue a refund from the administrative fund described in rule 5101:9-6-83 of the Administrative Code, including any bank fees charged to the obligor when the withdrawal resulted in the account having insufficient funds.

(D) When a CSEA issues a JFS 04047 to a payor or a JFS 04017 to a financial institution, the CSEA shall simultaneously issue a copy of the JFS 04047 or the JFS 04017 and the JFS 04048, "Addendum to a Withholding Order" (effective or revised effective date as identified in rule 5101:12-50-99 of the Administrative Code) to the obligor.

(E) To the extent possible, the CSEA shall issue a sufficient number of JFS 04047s and JFS 04017s to provide that the aggregate amount withheld or deducted satisfies the amount ordered for support plus any arrears that may be owed by the obligor under any prior orders that pertain to the same child and obligee.

(F) The CSEA may but is not required to supplement the JFS 04047 or JFS 04017 and JFS 04048 with additional notices or court orders as long as the time requirements of paragraphs (A) and (B) of this rule are met and no additional court hearings are required.

Last updated January 2, 2024 at 9:28 AM

History

Effective: January 1, 2024
Promulgated Under: 119.03

Ohio Adm.Code 5101:12-50-10.8 Withholding from unemployment compensation benefits initiated by a child support enforcement agency.

(A) This rule describes the requirements for withholding from unemployment compensation benefits received by an obligor.

(B) A child support enforcement agency (CSEA) with administrative responsibility for the IV-D case shall send a JFS 04047, "Income Withholding for Support" (effective or revised effective date as identified in rule 5101:12-50-99 of the Administrative Code), to the Ohio department of job and family services (ODJFS), office of unemployment insurance operations (OUIO) when:

(1) In accordance with section 3121.07 of the Revised Code, the CSEA completes the required investigation and determines that the obligor is receiving unemployment compensation benefits; or

(2) In accordance with section 4141.284 of the Revised Code, the CSEA is notified by the director of ODJFS that an individual who owes support is receiving unemployment compensation benefits.

(1) The CSEA with administrative responsibility for the case may only send a JFS 04047 to OUIO if the case is an open, active IV-D case;

(2) The CSEA may not impose the processing charge pursuant to section 3119.27 of the Revised Code with respect to any amounts withheld or deducted from unemployment compensation benefits pursuant to this rule; and

(3) In accordance with division (B)(2) of section 3121.07 of the Revised Code, the amount of unemployment compensation benefits that may be withheld with respect to a week of unemployment benefits shall not exceed fifty per cent of the individual's weekly benefit amount as determined by the director of ODJFS.

(D) The CSEA shall send a JFS 04043, "Notice to Payor/Office of Unemployment Compensation/Financial Institution to Terminate the Withholding from Obligor's Income/Assets" (effective or revised effective date as identified in rule 5101:12-50-99 of the Administrative Code), to OUIO whenever a support order is terminated as described in rule 5101:12-60-50 of the Administrative Code or in any other case when termination of withholding is appropriate. Upon receipt of the JFS 04043, OUIO shall immediately terminate the withholding of unemployment compensation benefits.

Last updated January 2, 2024 at 9:29 AM

History

Effective: January 1, 2024
Promulgated Under: 119.03

Ohio Adm.Code 5101:12-50-12 Lump sum payments.

(A) This rule describes the responsibilities of a payor and a child support enforcement agency (CSEA) regarding lump sum payments to be made to an obligor by a payor when the obligor is subject to income withholding pursuant to section 3121.03 of the Revised Code.

(B) The following definitions are applicable to this rule:

(1) "Cash out of vacation pay" means income disbursed to an employee in lieu of actual vacation or leave taken. When a payor notifies a CSEA of a lump sum payment that is for a cash out of vacation pay, the CSEA shall proceed in accordance with this rule.

(2) "Lump sum payment" means a supplemental payment that an obligor is receiving or is eligible to receive from a payor who has received an income withholding notice regarding the obligor.

(3) "Obligor" has the same meaning as in rule 5101:12-10-30 of the Administrative Code.

(4) "Payor" has the same meaning as in rule 5101:12-50-10 of the Administrative Code.

(C) In accordance with division (A)(11) of section 3121.037 of the Revised Code, a payor is required to do all of the following:

(1) Notify the CSEA of any lump sum payment of any kind of one hundred fifty dollars or more that is to be made to an obligor for whom the payor has received an income withholding notice regarding the obligor. The payor must notify the CSEA of the lump sum payment:

(a) No later than forty-five days before the lump sum payment is to be made; or

(b) On the date that the payor determines the lump sum payment is due the obligor when that date is less than forty-five days before the payment is to be made.

(2) Hold the lump sum payment for thirty days after the date on which the lump sum payment would otherwise have been paid to the obligor.

(3) Upon receipt of an order from the court or CSEA that issued the support order, pay all or a specified amount of the lump sum payment to the child support payment central (CSPC) within the office of child support.

(a) If the lump sum payment is earnings as defined in section 302(a) of the "Consumer Credit Protection Act," (CCPA), 15 U.S.C. 1672(a)(5/1968), the sum of the amount to be withheld and any fee withheld by the payor as a charge for its services may not exceed the maximum amounts permitted under section 303(b) of the CCPA, 15 U.S.C. 1673(b)(11/1978).

(b) If the lump sum payment is other than earnings, the amount to be withheld is not subject to these limits.

(D) The CSEA shall, upon notification by a payor that a lump sum payment of one hundred fifty dollars or more is to be made to the obligor, determine whether the obligor has any arrears or is in default under the support order.

When an obligor had no existing arrears before the issuance of an income withholding or deduction notice and collections are received as a result of the income withholding or deduction notice in the amount required, the CSEA shall not consider the obligor as having arrears for the purpose of lump sum attachment when periodic temporary arrears are created due to a discrepancy between the payment schedule and the monthly obligation.

(1) When the CSEA determines that the obligor is not in default or has no arrears, the CSEA shall issue the JFS 07726, "Administrative Order for Release or Transmittal of Lump Sum Payment" (effective or revised effective date as identified in rule 5101:12-50-99 of the Administrative Code) or JFS 07727, "Administrative Order For Release Of Lump Sum Payment" (effective or revised effective date as identified in rule 5101:12-50-99 of the Administrative Code) requiring the immediate release of the full amount of the lump sum payment to the obligor.

(2) When the CSEA determines that the obligor has arrears or is in default, the CSEA shall issue the JFS 07726 to the payor and issue a copy of the JFS 07726 to the obligor. The CSEA shall require the payor to transmit the least of:

(a) The total arrears;

(b) The amounts allowed by section 303(b) of the CCPA, 15 U.S.C. 1673(b), if applicable; or

(E) Should the CSEA receive a notice from a payor that a lump sum payment of less than one hundred fifty dollars is to be paid to an obligor who is subject to a court or administrative child support order, the CSEA may take action pursuant to paragraph (D) of this rule.

The CSEA shall document in its handbook of internal procedures when the CSEA will use the optional enforcement technique pertaining to lump sum payments of less than one hundred fifty dollars.

(F) In accordance with section 3121.0311 of the Revised Code, for workers' compensation claims pending or filed on or after June 30, 2006, the administrator of the bureau of workers' compensation or a self-insuring employer is responsible for the deduction of attorney's fees and necessary expenses before notifying the CSEA of the lump sum.

The administrator of the bureau or self-insuring employer is not required to notify the CSEA of the lump sum when, following the deduction of attorney's fees and necessary expenses, the balance is less than one hundred fifty dollars.

Last updated October 12, 2023 at 11:01 AM

History

Effective: February 11, 2019
Promulgated Under: 119.03

Ohio Adm.Code 5101:12-50-15 Cash bonds.

(A) When a child support enforcement agency (CSEA) determines that no income withholding or income deduction notice is appropriate, it may request that the court issue an order requiring the obligor to enter into a cash bond.

(B) A CSEA may not issue an administrative order requiring the obligor to enter into a cash bond.

Last updated October 12, 2023 at 11:02 AM

History

Effective: January 1, 2008
Promulgated Under: 119.03

Ohio Adm.Code 5101:12-50-17 Seek work orders.

(A) The child support enforcement agency (CSEA) with administrative responsibility may request that the court issue an order requiring an obligor under a court support order to seek employment or engage in work activities under the Ohio works first (OWF) program when the CSEA determines that the obligor under a court support order is unemployed, has no income, and does not have an account at any financial institution.

(B) When the obligor under an administrative child support order is unemployed but able to engage in employment and has no income and no account at any financial institution, the CSEA with administrative responsibility shall issue an administrative order for the obligor to seek employment or engage in work activities under the OWF program. The CSEA shall:

(1) Include in the administrative seek work order a requirement that the obligor notify the CSEA immediately upon obtaining employment, any income, or ownership of any asset with a value of over five hundred dollars.

(2) Issue the administrative seek work order whether or not the obligor is a recipient of OWF benefits.

When the obligor is a recipient of OWF benefits and has signed a self-sufficiency contract pursuant to section 5107.14 of the Revised Code, the administrative seek work order shall contain the same work activity requirements as the signed self-sufficiency contract.

(3) Request that the court issue an order in accordance with paragraph (A) of this rule when an obligor fails to comply with an administrative seek work order.

(C) When the court or the CSEA issues a seek work order to the obligor, the court or CSEA shall include in the order the requirement that the obligor register with "OhioMeansJobs" pursuant to section 3121.03 of the Revised Code.

(D) When the court or CSEA has issued a minimum child support obligation in accordance with section 3119.06 of the Revised Code, the CSEA shall not enforce the obligation of the obligor to pay the amount of support due under a support order while the obligor is receiving means-tested public assistance, as described in division (C)(12)(a) of section 3119.01 of the Revised Code, and is complying with any seek work orders issued pursuant to section 3121.03 of the Revised Code.

Last updated October 12, 2023 at 11:02 AM

History

Effective: March 28, 2019
Promulgated Under: 119.03

Ohio Adm.Code 5101:12-50-19 Investigation of obligor's source of income or status of account.

(A) In accordance with section 3121.14 of the Revised Code, the child support enforcement agency (CSEA) with administrative responsibility shall conduct an investigation of the obligor's employment and resources when the CSEA receives notification or becomes aware of a change in the obligor's source of income or status of accounts in a financial institution.

(B) The CSEA, in conducting the investigation, shall determine the following information:

(1) The obligor's address and social security number; and

(2) The obligor's employment status, income source, or assets; or

(3) Any other information necessary to enable the CSEA or the court to issue an income withholding or deduction notice or order or a seek work order or the court to issue a cash bond.

(C) When the investigation warrants issuance of a new JFS 04047, "Income Withholding for Support" (effective or revised effective date as identified in rule 5101:12-50-99 of the Administrative Code) or a 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, within fifteen days after the obligor is located, issue one or more new notices or orders.

(D) When the CSEA or court had previously issued one or more JFS 04047s, JFS 04017s, seek work orders, or the court had previously issued a cash bond and the CSEA determines that any JFS 04047 or JFS 04017 is no longer appropriate due to a change in the obligor's source of income or status of accounts, the CSEA shall immediately take action to cancel or have cancelled any previously issued JFS 04047 or JFS 04017. The CSEA shall send written notice of the cancellation by regular mail to the person who was required to comply with the JFS 04047, JFS 04017, or order.

Last updated August 1, 2023 at 8:29 AM

History

Effective: August 1, 2023
Promulgated Under: 119.03

Ohio Adm.Code 5101:12-50-20 State income tax refund offset program.

(A) This rule and its supplemental rules describe the process to submit overdue support or overpaid child support to the Ohio department of taxation (ODT) for state income tax refund offset.

(B) The following definitions are applicable to this rule and its supplemental rules:

(1) "Debt" means overdue support or overpaid child support.

(2) "Debtor" means an individual who owes overdue support or has received overpaid child support.

(3) "Eligible debt" means overdue support or overpaid child support that meets the submittal criteria detailed in rule 5101:12-50-20.2 or 5101:12-50-20.3 of the Administrative Code.

(4) "Overdue support" means the accrued, unpaid amount of:

(a) Child support;

(b) Spousal support; and

(c) Medical support, as defined in rule 5101:12-47-01 of the Administrative Code, if a specific dollar amount for medical support is included in the child support order.

(5) "Overpaid child support" means the amount paid to an obligee under a child support order prior to termination of the child support order that exceeds the amount needed to be paid under the child support order, has not been impounded under section 3119.90 or 3119.92 of the Revised Code, and has not been repaid to the obligor under the child support order.

(6) "State income tax refund offset" means intercepting a refund of paid state income tax to apply to an eligible debt.

(C) The office of child support will identify and submit eligible debts to ODT for state income tax refund offset at least annually.

(D) The office of child support will withdraw a debt submitted for state income tax refund offset when:

(1) The debt is no longer considered an eligible debt; or

(2) The child support enforcement agency (CSEA) has requested the debt be deleted.

(E) Each CSEA will designate one person to be the offset coordinator to facilitate the offset process.

Last updated November 1, 2024 at 8:04 AM

History

Effective: November 1, 2024
Promulgated Under: 119.03

Ohio Adm.Code 5101:12-50-20.1 Pre-offset notice and income tax refund offset review.

(A) Pre-offset notice.

The office of child support will issue one of the following pre-offset notices to the debtor's last known address before submitting an eligible debt to the Ohio department of taxation (ODT) for state income tax refund offset:

(1) The JFS 01834, "Notice of Ohio Income Tax Refund Offset for Child Support Overpayment" (effective or revised effective date as identified in rule 5101:12-50-99 of the Administrative Code), to a debtor who has received overpaid child support; or

(2) The JFS 01835, "Notice of Ohio Income Tax Refund Offset for Overdue Support" (effective or revised effective date as identified in rule 5101:12-50-99 of the Administrative Code), to a debtor who owes overdue support.

(B) Income tax refund offset review.

(1) The debtor or the debtor's representative may request an income tax refund offset review to contest any of the following:

(a) Whether the person to whom the notice was issued is the debtor;

(b) The amount of the debt owed; or

(2) The debtor or debtor's representative must request the administrative review within thirty days from the date on the JFS 01834 or JFS 01835, by completing and returning the last page of the JFS 01834 or JFS 01835 to the child support enforcement agency (CSEA) with administrative responsibility for the support order that is being contested.

Within ten days of receipt of the request for an income tax refund offset review, the CSEA shall issue to the debtor or the debtor's representative:

(a) The JFS 01850, "Notice of Scheduled Income Tax Refund Offset Review" (effective or revised effective date as identified in rule 5101:12-50-99 of the Administrative Code), when the debtor or the debtor's representative is contesting any of the items listed in paragraph (B)(1) of this rule. When the CSEA issued a JFS 01835 to the debtor, the CSEA shall issue a JFS 01850 to the obligee when the case is non-Ohio works first or medicaid only.

(b) The JFS 01851, "Notice of Denial of Request for Income Tax Refund Offset Review" (effective or revised effective date as identified in rule 5101:12-50-99 of the Administrative Code), when the debtor or the debtor's representative requests an income tax refund offset review but is not contesting any of the items listed in paragraph (B)(1) of this rule.

(3) The CSEA shall complete a scheduled income tax refund offset review within thirty days of the request for an income tax refund offset review.

(a) The CSEA shall assign the income tax refund offset review to a CSEA staff member with both knowledge of the case and authority to update the case record.

(b) The CSEA staff member shall examine any proof the debtor or the debtor's representative presents to substantiate the debtor's claim that the information on the JFS 01834 or JFS 01835 is incorrect.

(4) The debtor or the debtor's representative may ask the CSEA to reschedule the income tax refund offset review when there are circumstances that reasonably prevent attendance. The request must be received by the CSEA no later than the day before the scheduled income tax refund offset review.

(a) The CSEA shall approve the request to reschedule the income tax refund offset review when the request is timely and the circumstances would reasonably prevent attendance by the debtor or the debtor's representative.

When the CSEA approves the request to reschedule the income tax refund offset review, the CSEA shall issue a JFS 01853, "Notice Regarding Request to Reschedule Income Tax Refund Offset Review" (effective or revised effective date as identified in rule 5101:12-50-99 of the Administrative Code), to the debtor or the debtor's representative and, to the other party if the other party was issued a JFS 01850, at least five days prior to the date of the rescheduled income tax refund offset review.

(b) The CSEA may deny the request to reschedule the income tax refund offset review when:

(i) The request is not timely; or

(ii) The circumstances would not reasonably prevent attendance by the debtor or the debtor's representative.

When the CSEA denies the request to reschedule the income tax refund offset review, the CSEA shall issue the JFS 01853 within ten days to notify the debtor that the income tax refund offset review will not be rescheduled.

(5) Within ten days of the date the CSEA completes the administrative review for income tax refund offset, the CSEA shall issue the result of the administrative review to the debtor and to the other party. The CSEA's decision is final and enforceable.

Last updated October 7, 2024 at 9:26 AM

History

Effective: February 11, 2019
Promulgated Under: 119.03

Ohio Adm.Code 5101:12-50-20.2 Overdue support.

(A) Overdue support is eligible for state income tax refund offset submittal when:

(1) The obligor maintains an arrearage in the payment of support for three months;

(2) The amount of the total arrears during each of the three months is at least one hundred fifty dollars; and

(3) The office of child support (OCS) has issued a JFS 01835, "Notice of Ohio Income Tax Refund Offset for Overdue Support" (effective or revised effective date as identified in rule 5101:12-50-99 of the Administrative Code), to the debtor.

(B) A debtor or the debtor's spouse who has filed for bankruptcy protection on or after October 17, 2005, is eligible to be submitted for state income tax refund offset in accordance with this rule. A debtor or the debtor's spouse who filed for bankruptcy protection prior to that date is not eligible to be submitted for state income tax refund offset unless the bankruptcy has been discharged or other relief from bankruptcy protection has been secured by the child support enforcement agency (CSEA).

(C) The CSEA shall review a request to initiate a state income tax refund offset that is received from another state. Until the process is fully automated, the CSEA shall submit the request to OCS within five business days of receipt of the request. OCS will submit requests meeting the Ohio department of taxation (ODT) eligibility requirements for offset.

Last updated October 7, 2024 at 9:26 AM

History

Effective: February 11, 2019
Promulgated Under: 119.03

Ohio Adm.Code 5101:12-50-20.3 Overpaid child support.

(A) Overpaid child support is eligible for state income tax refund offset submittal when:

(1) All current child support orders pertaining to this obligor and obligee and their children in common have been terminated by a court or administrative order;

(2) A court or administrative order has established:

(a) That the obligee has received a child support overpayment; and

(b) The amount of the child support overpayment;

(3) The overpaid child support balance is not less than one hundred fifty dollars;

(4) The obligor has submitted a JFS 01854 "Request for Collection of a Child Support Overpayment" (effective or revised effective date as identified in rule 5101:12-50-99 of the Administrative Code), to the child support enforcement agency (CSEA) for collection of the child support overpayment; and

(5) The office of child support (OCS) has issued a JFS 01834 "Notice of Ohio Income Tax Refund Offset for Child Support Overpayment" (effective or revised effective date as identified in rule 5101:12-50-99 of the Administrative Code), to the debtor.

(B) Within five days of receiving a JFS 01854, the CSEA shall determine whether the overpaid child support is eligible for state income tax refund offset submittal.

(C) Until the process is fully automated, the CSEA shall submit the completed JFS 01854 to OCS within five business days of determining that the child support overpayment is eligible for state income tax refund offset submittal.

(D) Within fifteen days of determining that the request for state income tax refund offset is not eligible for state income tax refund offset submittal, the CSEA shall issue the JFS 01852 "Decision on Request for Collection of Child Support Overpayment" (effective or revised effective date as identified in rule 5101:12-50-99 of the Administrative Code), to the obligor.

(E) The debtor or the debtor's spouse who has filed for bankruptcy protection is not eligible to be submitted for state income tax refund offset unless the bankruptcy has been discharged or other relief from bankruptcy protection has been secured by the child support enforcement agency (CSEA).

Last updated October 7, 2024 at 9:26 AM

History

Effective: February 11, 2019
Promulgated Under: 119.03

Ohio Adm.Code 5101:12-50-30 Federal offset program.

(A) The federal offset program includes the following:

(1) Federal income tax refund program, as established by the Child Support Amendments of 1984, Pub. L. No. 113-183, 128 Stat. 1944, 42 U.S.C. 664, September 29, 2014;

(2) Financial institution data match program, as established by the Child Support Performance and Incentive Act of 1998, Pub L. No. 113-183, 128 Stat. 1944, 42 U.S.C. 666, September 29, 2014; and

(3) Passport denial program, as established by the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Pub. L. No. 113-183, 128 Stat. 1943, 42 U.S.C. 652, September 29, 2014.

(B) The federal office of child support enforcement matches obligor data contained in the federal tax offset file submitted by Ohio to obligor data from the internal revenue service, data submitted by financial institutions participating in the financial institution data match program, and passport data maintained by the United States department of state. Details regarding the processes involved in these programs are contained in rules 5101:12-50-32 to 5101:12-50-32.10 and 5101:12-50-34 of the Administrative Code.

Last updated January 6, 2026 at 10:24 AM

History

Effective: January 1, 2016
Promulgated Under: 119.03

Ohio Adm.Code 5101:12-50-32 Federal income tax refund offset program.

(A) This rule and its supplemental rules describe the process of collecting child support arrears through the federal income tax refund offset program.

(B) The following terms and definitions apply to this rule and its supplemental rules:

(1) "Adjustment" means a reduction that is made to the amount of a federal income tax refund offset that has been previously disbursed to a state by the bureau of fiscal service.

(2) "Bureau of fiscal service" (BFS) is the service operated by the United States department of treasury for the purpose of processing payments on behalf of the federal government.

(3) "Injured spouse" is a non-obligated individual who files a joint federal income tax return with an obligor.

(4) "Injured spouse claim" means a claim filed by the injured spouse with the internal revenue service (IRS) for the purpose of recovering that portion of the joint income tax refund to which the injured spouse is entitled.

(5) "Intergovernmental case" has the same meaning as in rule 5101:12-70-05 of the Administrative Code.

(6) "Invalid offset" means a completed federal income tax refund offset that the IV-D agency is not entitled to receive.

(7) "State payment" means a refund made to an obligor based on a federal income tax refund offset to rectify an invalid offset or other circumstance.

Last updated January 6, 2026 at 10:25 AM

History

Effective: January 1, 2016
Promulgated Under: 119.03

Ohio Adm.Code 5101:12-50-32.1 Submission criteria.

(A) This rule describes the criteria used to submit an obligor in a IV-D case for federal income tax refund offset using the Ohio tax offset file. Every obligor in a IV-D case who meets the submission criteria shall be submitted for federal income tax refund offset. The consent of an obligee is not necessary prior to submission. The obligee may not choose whether an obligor is submitted for federal income tax refund offset as long as the case remains a IV-D case.

(B) When the obligor has more than one order with assigned arrears, the obligor's assigned arrears are aggregated to determine whether the obligor meets the assigned arrears submission threshold. When the obligor has more than one order with unassigned arrears, the obligor's unassigned arrears are aggregated to determine whether the obligor meets the unassigned arrears submission threshold. The assigned arrears and unassigned arrears are listed separately on the tax offset file.

(1) The obligor's case is a IV-D case;

(2) The obligor's arrears are for:

(a) Child support;

(b) Spousal support, if it is included as part of child support order; or

(3) The obligor's arrears are:

(a) Assigned arrears as described in rule 5101:12-80-10 of the Administrative Code and:

(i) The arrears are equal to or greater than one hundred fifty dollars;

(ii) The arrears have been delinquent for thirty days or more; and

(iii) The arrears may be submitted regardless of the age of the child.

(b) Unassigned arrears as described in rule 5101:12-80-10 of the Administrative Code and:

(i) The arrears are equal to or greater than five hundred dollars;

(ii) The arrears have been delinquent for thirty days or more; and

(iii) The arrears may be submitted regardless of the age of the child.

(D) Ohio will submit an obligor in an intergovernmental case for federal income tax refund offset when Ohio is the state that initiated the intergovernmental case.

(E) Ohio will submit an obligor who has filed for bankruptcy protection on or after October 17, 2005. An obligor who filed for bankruptcy protection prior to that date will not be submitted unless the bankruptcy has been discharged or other relief from bankruptcy protection has been secured by the child support enforcement agency.

Last updated January 6, 2026 at 10:25 AM

History

Effective: September 1, 2011
Promulgated Under: 119.03

Ohio Adm.Code 5101:12-50-32.2 The federal match process and pre-offset notice.

(A) An obligor who meets the submission criteria described in rule 5101:12-50-32.1 of the Administrative Code will be submitted to the federal office of child support by the office of child support within the Ohio department of job and family services in a tax offset file on a weekly basis. This rule describes the process that occurs after the Ohio tax offset file is transmitted to the federal office of child support.

(B) Upon receipt of the Ohio tax offset file, the federal office of child support transmits the file to the federal bureau of fiscal service (BFS). BFS maintains a master database which contains information on taxpayers who owe debts to various governmental agencies, including the Ohio tax offset file. BFS, the social security administration (SSA), and the internal revenue service (IRS) then take the following steps:

(1) Information contained in the master database is matched against data maintained by the IRS and SSA to verify the name, address, and social security number (SSN) of each obligor submitted;

(2) IRS and SSA notify BFS of the name, address, and SSN information that has been verified;

(3) BFS compares data received from IRS and SSA against the information for each obligor submitted to the federal office of child support in the Ohio tax offset file; and

(4) BFS transmits the verified data to the federal office of child support for the purpose of generating the pre-offset notice described in paragraph (C) of this rule.

(C) The federal office of child support sends a pre-offset notice to each obligor whose name, address, and SSN was verified. The pre-offset notice is issued by the the federal office of child support when:

(1) An obligor has not previously been submitted for the federal tax offset program and the obligor has not previously received a pre-offset notice;

(2) An obligor was previously submitted but was deleted from the Ohio tax offset file because the debt was satisfied but subsequent arrears have accrued. In this case, the obligor may have previously received a pre-offset notice but the arrears were subsequently reduced to zero before beginning to accrue again. A second pre-offset notice will be issued if the previous notice was issued more than three hundred sixty-five days prior to the date of re-submission; or

(3) An obligor is added to the Ohio tax offset file.

(D) The qualifying submittal is held by the federal office of child support for a minimum of thirty days before it is submitted to BFS to allow the pre-offset notice to be sent. No succeeding pre-offset notices are sent.

(E) The pre-offset notice advises the obligor of the following:

(1) The obligor's right to file a request for an administrative review for the purpose of contesting the arrears;

(2) The obligor's right to request an administrative review in either the submitting state or the state where the support order was issued;

(3) The procedures and time frames for requesting the administrative review; and

(4) That BFS will notify the injured spouse of the steps required to protect the share of the tax refund which may be payable to the injured spouse.

Last updated April 1, 2026 at 8:23 AM

History

Effective: April 1, 2026
Promulgated Under: 119.03

Ohio Adm.Code 5101:12-50-32.3 Adding, updating, and deleting obligors from the Ohio tax offset file.

(A) This rule describes the process for adding, updating, and deleting obligor information.

(B) An Ohio tax offset file is submitted each week to the federal office of child support . The Ohio tax offset file:

(1) Includes the name and social security number of any obligor who met the federal income tax refund offset submission criteria during the past week and was not previously submitted or, if previously submitted, had been deleted;

(2) Updates information regarding previously submitted obligors; and

(3) Deletes obligors who are no longer eligible.

(C) An obligor who becomes eligible for federal tax offset is automatically added to the Ohio tax offset file when the submission criteria described in rule 5101:12-50-32.1 of the Administrative Code are met. An obligor who had previously been submitted and subsequently deleted from the Ohio tax offset file shall be resubmitted when:

(1) Collections reduce the arrears below the submission threshold and new qualifying arrears subsequently accrue;

(2) An update to obligor information results in the arrears being reduced below the submission threshold and new qualifying arrears subsequently accrue; or

(3) The arrears were previously submitted, then deleted as described in paragraph (E) of this rule, and are now being resubmitted.

(D) The Ohio tax offset file includes updated information for an existing submission when:

(1) There is any change in the amount of the arrears;

(2) The arrears are modified to zero or to an amount that is below the submission threshold;

(3) The child support enforcement agency (CSEA) changes the indicator that excludes the submitted obligor from other federal offset programs such as passport denial;

(4) The submission indicator in the Ohio tax offset file changes from assigned to unassigned status or vice versa; or

(5) For any other transaction listed in paragraph (F) of this rule.

(E) A submission is deleted from the Ohio tax offset file when:

(1) The arrears amount is paid below the submission threshold;

(2) The CSEA modifies the arrears to an amount that is below the submission threshold;

(3) The CSEA completes an administrative review that results in the reduction of arrears below the submission threshold; or

(4) A supervisor within the CSEA has approved the deletion of the submission from the Ohio tax offset file.

(F) The support enforcement tracking system (SETS) transmits the following transaction indicators to the federal office of child support:

(1) "A" adds a new submission;

(2) "B" changes the name of the obligor;

(3) "D" deletes an existing submission;

(4) "L" changes the local state code for the submitting state;

(5) "M" modifies the arrears, which results in an increase or decrease in the amount of arrears;

(6) "R" replaces the current "yes" indicator with a "no" indicator, or a "no" indicator with a "yes" indicator, for offset submission or passport denial submission;

(7) "S" indicates the accumulated state payment amount;

(8) "T" indicates an order has been transferred to the state that issued the order for administrative tax offset review;

(9) "Y" resubmits an obligor and includes the obligor's address when the submission was previously been rejected because the federal office of child support could not locate an address for the obligor; and

(10) "Z" updates the obligor's address.

(G) The federal office of child support processes the transactions in the order indicated in paragraph (F) of this rule.

(H) The federal office of child support will use an updated address submitted through a "Y" or "Z" indicator to issue any future pre-offset or offset notices.

(1) When an obligor's submission has been rejected by the federal office of child support because the federal office of child support could not locate the obligor's address and the CSEA subsequently obtains a valid obligor address, the CSEA shall use the "Y" indicator to resubmit the obligor and provide the obligor's address.

(2) When the CSEA obtains a new valid address for the obligor and chooses to submit the changed address to the federal office of child support, the CSEA shall use the "Z" indicator to submit the new address.

Once the CSEA has used a "Y" or "Z" indicator, the CSEA shall submit all future address changes using the appropriate "Y" or "Z" indicator.

Last updated April 1, 2026 at 8:24 AM

History

Effective: April 1, 2026
Promulgated Under: 119.03

Ohio Adm.Code 5101:12-50-32.4 Rejected submissions.

(A) For purposes of this rule, "rejected submission" means a rejection by the federal office of child support of the submission of an obligor for federal income tax refund offset that is included as an addition, deletion, or update in the Ohio tax offset file.

(B) The federal office of child support may reject a submission for any reason including, but not limited to, the following:

(1) An invalid social security number;

(2) The submission already exists on the the federal office of child support tax offset file;

(3) The submission is a duplicate submission;

(4) The state payment amount is invalid;

(5) The federal office of child support cannot locate the record that the submission is intended to modify;

(6) The last name of the obligor submitted does not match the last name for that obligor in the federal office of child support tax offset file;

(7) The state payment submission was received but cannot locate an offset payment for the offset year in question;

(8) The submission had previously been deleted;

(9) The last name and the social security number (SSN) in the submission do not match; or

(10) An SSN is submitted and the federal office of child support provides a different SSN.

(1) The first report contains two types of rejected submissions.

(a) The first type of rejection on the report contains submissions that are rejected by the federal office of child support due to the inability of the federal office of child support to verify an obligor's address for the purpose of issuing a pre-offset notice; and

(b) The second type of rejection on the report contains submissions for which the office of child support within the Ohio department of job and family services has included an SSN for an obligor that the federal office of child support has been unable to verify using the process described in rule 5101:12-50-32.2 of the Administrative Code. The report contains different SSNs than the SSN that was submitted by OCS. The different SSNs have been obtained from the social security administration by the federal office of child support.

(2) The second report lists submissions resulting from additions, deletions, or updates to the Ohio tax offset list that were rejected by the federal office of child support for any reason not included in the first report.

(D) A child support enforcement agency (CSEA) shall review the reports and take the appropriate action necessary to resolve the issue that resulted in the rejection of the submission. The inability of a CSEA to resolve a rejection may have a negative impact on incentives received by the CSEA and may result in:

(1) The CSEA failing to receive the offset;

(2) The CSEA failing to receive the full amount of the offset; or

(3) The CSEA receiving an invalid offset.

Last updated October 1, 2026 at 9:29 AM

History

Effective: October 1, 2026
Promulgated Under: 119.03

Ohio Adm.Code 5101:12-50-32.5 Administrative offset review of federal income tax refund offset program submittals.

(A) An obligor may contest the federal income tax refund offset program submittal by requesting an administrative offset review within thirty days of the date of the preoffset notice. The obligor must submit the request for the administrative offset review to the child support enforcement agency (CSEA) that has administrative responsibility for the order.

(B) Administrative review procedure when the CSEA receives a request from an obligor.

(1) Within ten days of receipt of the request for an administrative offset review, the CSEA shall issue a JFS 07650, "Scheduling Notice for Administrative Review of Income Tax Refund Offset" (effective or revised effective date as identified in rule 5101:12-50-99 of the Administrative Code), to the obligor. The CSEA shall also issue the JFS 01850 "Notice of Scheduled Income Tax Refund Offset Review" (effective or revised effective date as identified in rule 5101:12-50-99 of the Administrative Code) to the obligee when there are unassigned arrears.

(2) The administrative offset review shall be limited to:

(a) The accuracy of the submitted arrears;

(b) Any evidence provided by the obligor or obligee that increases or decreases the submitted arrears; or

When the obligor is contesting a joint federal income tax refund that has not yet been offset, the CSEA shall advise the obligor that the internal revenue service (IRS) will notify the injured spouse of the necessary steps that must be taken at the time of the offset.

(3) At the conclusion of the administrative offset review, the CSEA shall do the following:

(a) Enter any changes required as a result of the review into the support enforcement tracking system (SETS).

(b) Send a JFS 07544, "Administrative Review for Income Tax Refund Offset Review Results" (effective or revised effective date as identified in rule 5101:12-50-99 of the Administrative Code), and a copy of the complete arrears calculation, if any, to the obligor. The CSEA shall also send the JFS 07544 and arrears calculation, if any, to the obligee when a JFS 01850 had been issued to the obligee.

(4) The administrative offset review process shall be completed within thirty days of the date of the request for review.

(C) Administrative offset review procedure when the Ohio interstate central registry (ICR) within the office of child support (OCS) receives a request from another state.

(1) The ICR may receive a request for an administrative offset review from the state that submitted the offset when:

(a) An obligor in that state requests an administrative offset review; and

(b) The support order was issued by a court or a CSEA in Ohio.

(2) When the ICR receives a request for administrative review, it shall immediately send the request to the CSEA in the county with administrative responsibility for the support order.

(3) When the CSEA receives the request for administrative offset review from the ICR, it shall:

(a) Complete the review within forty-five days of the date of the request for review from the submitting state; and

(b) Promptly notify the child support agency in the submitting state of the results of the administrative review.

The federal office of child support will report any adjustments received as a result of the administrative review to the child support agency in the submitting state.

(4) CSEA responsibility for the administrative offset review of an intergovernmental case by a state other than Ohio.

(a) When a CSEA submits an obligor for federal income tax refund offset based on a support order that was issued by a state other than Ohio, the obligor may request an administrative offset review in the state with jurisdiction over the order.

(b) When the CSEA receives a request for an administrative offset review in the state with jurisdiction over the order, it shall send the following documentation to that state within ten days of the request for the administrative offset review:

(i) A certified copy of the support order and any modifications;

(ii) A certified copy of the payment history or affidavit of the obligee when:

(a) Any of the arrears are unassigned; and

(b) No official payment history exists for the case;

(iii) When any of the arrears are unassigned, the current address of the obligee; and

(iv) The amount of arrears submitted for offset.

(c) At the conclusion of the administrative offset review, the state that conducted the administrative offset review will notify the obligor and the state that submitted the obligor of the results of the administrative offset review. The state that submitted the obligor for offset will notify the federal office of child support of the results of the review.

(d) The federal office of child support or the other state will report any changes made by the other state as a result of the review to OCS which shall forward them to the CSEA.

(e) Any update to the arrears of a obligor that is made as a result of an administrative offset review has the same force and effect as an update that was made by the CSEA. The CSEA shall take the following actions:

(i) If the offset has already been made, the CSEA shall promptly take steps to refund any excess amount to the obligor; and

(ii) Report the state payment to OCS immediately but no later than five days from the date the payment is made.

Last updated April 1, 2026 at 8:25 AM

History

Effective: April 1, 2026
Promulgated Under: 119.03

Ohio Adm.Code 5101:12-50-32.6 The federal income tax refund offset process.

(A) An obligor is subject to federal income tax refund offset when the following conditions have been met:

(1) The federal income tax refund offset submission criteria have been met;

(2) The federal office of child support has certified that the obligor is eligible for federal income tax refund offset; and

(3) The internal revenue service has notified the bureau of fiscal service (BFS) that the obligor will receive a federal income tax refund.

(B) BFS will satisfy submitted debts in the following priority:

(1) Federal tax debts;

(2) Assigned and unassigned child support debts;

(3) Other federal debts; and

(4) State tax debts.

(1) BFS sends an offset notice to the obligor after the bureau of financial management services (FMS) has processed the offset but before the office of child support (OCS) within the Ohio department of job and family services has been notified of the offset. BFS will also send a notice to a joint federal taxpayer who filed taxes jointly with the obligor, advising the joint federal taxpayer of the steps required to protect the share of the tax refund that may be payable to the joint federal taxpayer.

(2) When the obligor cannot be located, the federal tax refund offset will be reversed by BFS.

(3) BFS notifies the federal office of child support on a weekly basis of offsets and adjustments that occur.

(4) The federal office of child support issues to OCS the reports that include obligors for whom offsets and adjustments have occurred and the amounts of those offsets and adjustments. These reports are described in paragraph (C)(1) of rule 5101:12-50-32.8 of the Administrative Code.

(5) BFS sends the offset amounts to the Ohio office of the treasurer.

(6) The Ohio office of the treasurer notifies the office of fiscal and monitoring services (OFMS) within the Ohio department of job and family services of receipt of the offset amounts.

(7) OFMS then transfers the offset amounts, together with the amount of any fees and adjustments to cover one hundred per cent of the offset amount, to the Ohio child support payment central (CSPC) for disbursement.

(8) CSPC processes the offset amount received to the appropriate order in the support enforcement tracking system (SETS).

(D) Offset amounts shall be considered collections in the month in which they are received and applied to any arrears of the obligor that met the offset criteria.

(E) When a state has CSENet collection (COL) transaction capability with Ohio, the COL P CITAX transaction will be automatically sent to the state by SETS whenever an offset collection is received.

(F) If the state does not have CSENet COL transaction capability with Ohio, or the child support enforcement agency (CSEA) determines that the transaction was not sent, the CSEA shall send the OMB 0970-0085, "Transmittal #3 - Request for Assistance/Discovery," to any other state that is involved in the enforcement of the intergovernmental case no later than three business days from the receipt of an offset amount in an intergovernmental case. The OMB 0970-0085 notifies the other state of the receipt of the offset amount.

Last updated April 1, 2026 at 8:25 AM

History

Effective: April 1, 2026
Promulgated Under: 119.03

Ohio Adm.Code 5101:12-50-32.7 Service fee.

(A) The bureau of fiscal service (BFS) charges a service fee for each completed federal income tax refund offset. BFS deducts the service fee from the offset amount prior to issuing the offset amount to the office of fiscal and monitoring services (OFMS) within the Ohio department of job and family services.

(B) Upon receipt, OFMS will transfer to the Ohio child support payment central (CSPC) the offset amount together with an amount equal to any fees or adjustments that had been deducted by BFS.

(D) When an adjustment of an offset as described in rule 5101:12-50-32.9 of the Administrative Code equals the full amount of the offset, BFS will return the service fee to OFMS.

Last updated January 6, 2026 at 10:26 AM

History

Effective: January 1, 2016
Promulgated Under: 119.03

Ohio Adm.Code 5101:12-50-32.8 Federal income tax refund offset reports.

(A) The office of child support (OCS) within the Ohio department of job and family services shall provide to the child support enforcement agency (CSEA) federal income tax refund offset reports. These reports contain information about federal income tax refund offset collections, federal adjustments, federal offset fees, federal filing status, and other identifying information.

(B) The CSEA shall review the federal income tax refund offset reports to identify any case for which it has administrative responsibility and take appropriate action as required in this rule.

(C) There are three categories of federal income tax refund offset reports that provide information to or require action by the CSEA:

(1) Two information-only reports are created upon receipt of a tax offset file from the federal office of child support . One report contains a list of all federal income tax refund offset collections and adjustments that may be automatically processed by the support enforcement tracking system (SETS) when there are no changes to the case in SETS that would prevent such automatic processing. The second report contains a list of all federal income tax refund offset collections and adjustments that cannot be automatically processed by SETS. The CSEA shall review the reports to determine whether any action must be taken to ensure the collections are processed appropriately.

(2) Two collection and adjustment reports are created upon completion of the federal income tax refund offset process described in rule 5101:12-50-32.6 of the Administrative Code. One report contains a list of all collections and adjustments received from federal income tax refund offsets that were automatically processed by SETS. The second report contains a list of adjustments received from federal income tax refund offsets that could not be automatically processed by SETS.

When an adjustment appears on either report, the CSEA may need to collect any disbursed funds as described in rule 5101:12-50-32.9 of the Administrative Code.

(3) An exclusion report is created by child support payment central (CSPC) within OCS upon receipt of the federal tax offset file from the federal office of child support that contains a list of all offsets that could not be automatically processed by SETS. The CSEA shall work with the payment analysis and account reconciliation (PAAR) bureau within OCS to identify the collections that appear on this report so that they may be processed in SETS.

Last updated April 1, 2026 at 8:25 AM

History

Effective: April 1, 2026
Promulgated Under: 119.03

Ohio Adm.Code 5101:12-50-32.9 Federal adjustments, state payments, and recovery of disbursed federal tax offset collections.

(A) This rule describes the federal tax offset adjustment process. There are certain circumstances, including invalid offsets, that require a federal income tax refund offset to be returned to the taxpayer (who may or may not be the obligor). This is accomplished either through a federal adjustment or a state payment.

(B) A federal adjustment may occur as a result of a number of circumstances, which include but are not limited to when:

(1) An injured spouse claim is filed with the internal revenue service (IRS) and the injured spouse is entitled to a portion or all of the federal tax refund;

(2) The obligor files an amended federal income tax return and the amount available for offset is reduced; or

(3) The obligor files a federal income tax return using an incorrect social security number.

(1) The CSEA receives a federal tax refund offset in an amount greater than the arrears amount that was last accepted by the federal office of child support enforcement;

(2) An obligor was submitted but did not meet the federal tax offset submission criteria;

(3) An obligor was submitted with an incorrect arrears amount;

(4) An obligor was submitted using an incorrect social security number;

(5) An income tax refund offset review was conducted that resulted in a decrease in the arrears amount and the offset occurred before the update was processed; or

(6) The obligor paid the arrears below the threshold after the tax offset occurred but prior to disbursement of the tax offset amount.

(D) The federal adjustment process.

(1) When there is a federal tax offset adjustment, the tax offset collection is returned to the obligor and the bureau of fiscal services (BFS) reduces the amount of the tax offset that was previously disbursed to the state.

(2) Injured spouse claims.

(a) When the IRS determines that an injured spouse is entitled to a portion or all of the federal tax refund, the IRS sends the refund directly to the injured spouse. When a refund is sent to an injured spouse via electronic funds transfer to a closed account, the amount due the injured spouse will be reversed by BFS.

(b) The CSEA may delay distribution of the federal tax offset collection received as the result of a joint return until it is notified by the IRS that the injured spouse has received the proper share of the refund, or for six months, whichever is earlier.

(E) The state payment process.

(1) When a CSEA issues a state payment to an obligor, it shall report the state payment to the office of child support (OCS) within the Ohio department of job and family services (ODJFS) immediately but no later than five days from the date the payment is made using the JFS 07017 "Update of IRS Tax Refund Offset Submittal" (effective or revised effective date as identified in rule 5101:12-50-99 of the Administrative Code).

(2) When the CSEA issues a state payment to an obligor and submits a JFS 07017 for that state payment, and then an additional state payment is made to that obligor for the same processing year, the CSEA shall submit a second JFS 07017 and report the total year-to-date amount for the processing year on the second JFS 07017.

(3) The CSEA shall include the processing year in the report of a state payment.

(F) Recovery of disbursed federal tax offset collection.

(1) When a federal adjustment is made on a collection that has been disbursed to assigned arrears, the disbursed collection shall be recovered from ODJFS.

(2) When a federal adjustment is made on a collection that has been disbursed to the obligee or an alternate payee, the CSEA shall recover the disbursed collection using one or both of the following options:

(a) The CSEA may recover the collection from the obligee or the alternate payee through the recoupment process described in rule 5101:12-80-05.6 of the Administrative Code.

(b) The CSEA may recover a collection disbursed to the obligee or alternate payee from the obligor by establishing an account for the case within the support enforcement tracking system (SETS) payable to the CSEA to recover the amount. When the CSEA establishes the account, the following shall apply:

(i) The CSEA shall use the "OTHER FEES NO PMT/ IRS ADJ REIMB" account in SETS where collections will allocate below all other support obligations in the allocation hierarchy. The account shall include any subsequent adjustment for which the CSEA uses this method of recovery;

(ii) The balance of the account shall not increase the total arrears owed by the obligor; and

(iii) The balance added to the account shall not exceed the amount expended by the CSEA and disbursed to the obligee or the alternate payee as support.

When the CSEA chooses to use the option described in paragraph (F)(2)(b) of this rule but doing so would increase the total arrears owed by the obligor on the case, the CSEA must instead use a combination of the options described in paragraphs (F)(2)(a) and (F)(2)(b) of this rule, or in the alternative must use the option described in paragraph (F)(2)(a) of this rule exclusively. The total combined amount of the balances created as a result of using the options described in paragraphs (F)(2)(a) and (F)(2)(b) of this rule shall not exceed the amount disbursed to the obligee or alternate payee.

The CSEA shall be responsible to track any account or accounts established pursuant to paragraph (F)(2) of this rule to ensure recovery of funds that have been disbursed to the obligee or alternate payee.

(3) When a CSEA has issued a state payment to a taxpayer in accordance with paragraph (C) of this rule but a federal adjustment subsequently occurs against the original tax offset collection that led to the state payment, the CSEA shall recover the state payment through the recoupment process described in rule 5101:12-80-05.6 of the Administrative Code.

Last updated January 6, 2026 at 10:26 AM

History

Effective: April 1, 2018
Promulgated Under: 119.03

Ohio Adm.Code 5101:12-50-32.10 Joint refunds.

A federal income tax refund offset collection from a joint return shall be disbursed as follows:

(A) Assigned arrears collections will be disbursed immediately at the end of every month to the Ohio department of job and family services.

(B) Unassigned arrears will be disbursed six months after receipt or upon notification that the injured spouse has received the proper share of the refund, whichever occurs earlier. For the purpose of this rule, the term "receipt" refers to the date the office of child support receives the reports described in paragraph (C)(1) of rule 5101:12-50-32.8 of the Administrative Code.

(C) Amounts in excess of any unassigned arrears will be disbursed to the obligor within two business days of the date the payment was applied to the order.

Last updated January 6, 2026 at 10:26 AM

History

Effective: June 1, 2021
Promulgated Under: 119.03

Ohio Adm.Code 5101:12-50-34 Passport denial and reinstatement.

(A) The federal office of child support will refer an obligor who has been submitted for federal income tax refund offset to the United States department of state (DoS) for passport denial when the arrears of the obligor equal or exceed twenty-five hundred dollars in accordance with the Deficit Reduction Act of 2005, Pub. L. No. 109-171, 120, Sta. 4 (2005), 42 U.S.C. 652, February 8, 2006.

(B) Upon receipt of a referral to DoS for a passport denial, DoS will take the following actions, as appropriate:

(1) Issue a passport denial notice to the obligor;

(2) Refuse to issue a passport to the obligor; or

(3) Revoke, restrict, or limit a passport issued previously to such individual.

(C) A child support enforcement agency (CSEA) will only request the release of the passport of an obligor that has been denied by DoS under any of the following criteria:

(1) There is a case of mistaken identity and the CSEA has verified this information.

(2) For leisure travel, the obligor has paid the arrears in full.

(3) For employment or business travel:

(a) The obligor is to provide:

(i) Documentation on company letterhead of current or prospective employment information, or

(ii) Information about funds on deposit in a financial institution for withholding purposes.

(b) In addition to the monthly support obligation, the obligor pays a lump sum payment that either:

(i) Pays off all the arrears;

(ii) Pays the arrears so that the balance falls below the passport submission criteria, and the lump sum payment is equal to at least one month's obligation; or

(iii) Pays an amount that is acceptable by the CSEA but at least equal to one month's obligation.

(4) For the following extenuating circumstances, the CSEA may collect a lump sum payment as described in paragraph (C)(3)(b) of this rule. In addition, the office of child support (OCS) within the Ohio department of job and family services may request a copy of the documentation:

(a) The reason for travel is a family emergency (i.e. sickness, life or death circumstances) with supporting documentation that is accepted by the CSEA; or

(b) The obligor is a member of the military services whose passport is being issued by a special issuance agency of DoS and the obligor is to travel with the military. The military member or the authorized representative is to provide military travel papers or military orders.

(D) When the CSEA accepts the request from an obligor to reverse the passport denial, the CSEA will take the following action(s):

(1) When the obligor requests the release of the passport for the reason listed in paragraph (C)(2) of this rule:

(a) The CSEA will take the appropriate action in the support enforcement tracking system (SETS) to reverse the passport denial;

(b) The normal time frame for the release of the passport by DoS under this circumstance is approximately six to eight weeks.

(2) When the obligor requests the release of the passport for the reason listed in paragraph (C)(3) of this rule:

(a) The CSEA will prepare a federal notice of withdrawal of passport, which is available from the OCS passport coordinator;

(b) The CSEA will provide the OCS passport coordinator a copy of the notice of withdrawal and supporting documentation, and provide the obligor a copy of the notice of withdrawal. OCS will take the appropriate action in SETS to reverse the passport denial;

(3) When the obligor requests the release of the passport for the reasons listed in paragraphs (C)(1) and (C)(4) of this rule:

(a) The CSEA will prepare a federal notice of withdrawal of passport, which is available from the OCS passport coordinator;

(E) Should OCS determine that the requirements of this rule have not been met, OCS will contact the CSEA to obtain more information concerning the passport release. OCS may reverse the action taken by the CSEA when the requirements of this rule are not met.

Last updated October 1, 2026 at 9:29 AM

History

Effective: October 1, 2026
Promulgated Under: 119.03

Ohio Adm.Code 5101:12-50-50 Judicial enforcement actions.

(A) This rule describes judicial enforcement actions that a child support enforcement agency (CSEA) with administrative responsibility is required to or may take in addition to other enforcement actions described in division 5101:12 of the Administrative Code. The enforcement actions described in this rule require the filing of a judicial motion or complaint. The CSEA shall consult with its legal counsel regarding the proper filing of actions described in this rule.

(B) Required judicial enforcement action that the CSEA shall take.

In accordance with section 3123.19 of the Revised Code, if the CSEA determines that an obligor in default under a support order has a claim against another person or is a party in a pending judicial action, the CSEA shall immediately file either a motion to intervene or a creditor's bill with the court in which the action is pending.

(C) Discretionary judicial enforcement actions that the CSEA may take. This paragraph does not preclude a CSEA from taking any additional judicial enforcement actions that may be appropriate, but are not listed in this rule.

(1) In accordance with the provisions of section 2705.031 of the Revised Code, the CSEA may file a contempt action against an obligor for failure to pay support.

(2) In accordance with section 2117.06 of the Revised Code, a CSEA may file a claim against the estate of an obligor who is deceased for the purpose of collecting any arrears that are due under the support order. The claim is to be presented within six months after the obligor's date of death, whether or not the estate is released from administration or an executor or administrator is appointed during that six-month period.

(3) In accordance with section 3123.182 of the Revised Code, a CSEA may file an action for execution on a certified pay-off statement issued by a CSEA.

(4) In accordance with sections 1336.01 to 1336.11 of the Revised Code, the CSEA may bring an action, subject to the limitations in section 1336.08 of the Revised Code, to obtain any relief the circumstances require against an obligor who makes a fraudulent transfer of assets or enters into a fraudulent obligation to avoid paying under the support order. Relief may include invalidation of the transfer or obligation to the extent necessary to satisfy the arrearage.

(5) In accordance with the provisions of rule 65(A) of the Rules of Civil Procedure (7/1/1970) (www.supremecourt.ohio.gov), the CSEA may file a request for a temporary restraining order with the court in which an action described in division 5101:12 of the Administrative Code has been filed if it appears to the CSEA that immediate and irreparable injury, loss or damage will result before the action can be heard.

(6) In accordance with the provisions of Chapter 2329. of the Revised Code, the CSEA may file an action for execution against property owned by an obligor.

(7) The CSEA may take action against a payor who fails to comply with the requirements of an income withholding or deduction notice as described in sections 3121.371 and 3121.381 of the Revised Code.

(8) The CSEA may file an action requesting a court to join the CSEA as a party to an action to enforce a support order.

(9) The CSEA may refer a case to the county prosecutor for possible criminal non-support action under section 2919.21 of the Revised Code.

(10) In accordance with sections 3123.14 and 3123.15 of the Revised Code, when the child support order is terminated for any reason, the obligor is or was in default at any time under the support order, and the obligor owes arrears after the termination of the order, the obligee may submit an application to the CSEA to obtain relief. The CSEA shall commence the appropriate administrative or judicial action within twenty days after completion of such application.

(D) When filing a contempt action in accordance with paragraph (C)(1) of this rule, the CSEA will:

(1) Review the case for information regarding the obligor's ability to pay, or otherwise comply with the order. The review should include, but is not limited to research regarding:

(a) Whether a final and enforceable determination of default has been made against the obligor, as described in rules 5101:12-55-03 to 5101:12-55-03.4 of the Administrative Code;

(b) Whether there is a pending personal bankruptcy action for the obligor;

(c) Whether the obligor has received or is receiving income from a protected benefit, as described in rule 5101:12-50-10 of the Administrative Code, including research in the support enforcement tracking system (SETS) and the state verification exchange system/defense manpower data center (SVES/DMDC);

(d) Whether the obligor had received or is receiving income subject to a withholding or deduction as described in rule 5101:12-50-10.1 of the Administrative Code; and

(e) Any other information that would assist in the determination of the obligor's ability to pay or otherwise comply with the order.

(2) Determine after the review of the case information, if a contempt action is appropriate, and ensure that:

(a) The court is provided with such information regarding the obligor's ability to pay, or otherwise comply with the order, which may assist the court in making a factual determination regarding the obligor's ability to pay the purge amount or comply with the purge conditions; and

(b) Clear notice is provided to the obligor that his or her ability to pay constitutes the critical question in the civil contempt action.

Last updated January 3, 2023 at 9:30 AM

History

Effective: January 1, 2023
Promulgated Under: 119.03

Ohio Adm.Code 5101:12-50-55 Extradition of obligors.

(A) This rule describes the process that the child support enforcement agency (CSEA) with administrative responsibility shall use to request the governor of this state to extradite from another state an obligor who has been charged with criminal non-support in accordance with section 2919.21 of the Revised Code. This rule also describes the steps that a CSEA is required to take in response to a request from the governor of this state and the prosecutor in the county where the CSEA is located when a demand for extradition is received by the governor of this state from the governor of another state.

(B) For purposes of this rule, the following definitions apply:

(1) "Governor" means an individual performing the functions of the executive authority of a state.

(2) "State" has the same meaning as in division (Z) of section 3115.102 of the Revised Code.

(1) When an obligor has been charged with criminal non-support in accordance with section 2919.21 of the Revised Code, the CSEA may consult the prosecutor in the county where the CSEA is located in order to determine whether a request should be sent to the governor of this state regarding the extradition of the obligor from the state where the obligor is found.

(2) In accordance with sections 3115.801 and 3115.802 of the Revised Code, the governor of this state may, upon receipt from a prosecutor of a request as described in paragraph (C) of this rule, demand that the governor of another state extradite to Ohio an obligor who is found in the other state.

(3) Before requesting the extradition of an obligor from the governor of another state, the governor of this state has the authority to require a prosecutor of this state to demonstrate that, at least sixty days previously, a petition for support was initiated pursuant to the Uniform Interstate Family Support Act (UIFSA 2008), as defined in rule 5101:12-70-05 of the Administrative Code, or that such a petition would not be effective in enforcing the support order. When requested by the prosecutor, the CSEA shall prepare and submit a report to the prosecutor regarding the extradition of the obligor that contains either:

(a) A copy of a UIFSA petition filed at least sixty days prior to consulting with the prosecutor; or

(b) A statement from the CSEA establishing that a UIFSA petition would not be effective in the case where extradition is being requested.

(D) Surrender of an obligor found in Ohio to another state for extradition.

(1) In accordance with sections 3115.801 and 3115.802 of the Revised Code, the governor of this state has the authority, upon the demand of the governor in another state to surrender for extradition an obligor who is found in this state and who is criminally charged in the other state with having failed to pay support under a support order.

(2) Before surrendering an obligor for extradition to the governor of another state, the governor of this state has the authority to require a prosecutor of this state to investigate the demand and report whether a UIFSA petition has been initiated or that such petition would not be effective in enforcing the support order. When requested by the prosecutor, the CSEA shall immediately conduct an investigation of the case and prepare a report that contains either:

(a) A copy of a UIFSA petition filed at least sixty days prior to receipt of the demand; or

(b) A statement from the CSEA establishing that a UIFSA petition would not be effective in the case where extradition is being requested.

(E) After the governor receives the report described in paragraph (D)(2) of this rule, the governor has the authority to take one of the following actions:

(1) Submit the obligor to the other state for extradition;

(2) Delay honoring the demand for a reasonable time to permit initiation of a UIFSA petition; or

(3) Decline to honor the demand if a UIFSA petition is initiated and the obligor either prevails in the support action or is complying with the support order.

Last updated September 4, 2026 at 10:25 AM

History

Effective: July 1, 2016
Promulgated Under: 119.03

Ohio Adm.Code 5101:12-50-65 Office of child support poster program.

(A) In accordance with section 3123.95 of the Revised Code, the office of child support (OCS), in the Ohio department of job and family services (ODJFS), shall establish a program to increase child support collections by publishing and distributing a series of posters displaying child support obligors who are delinquent in their support payments. OCS shall use funds appropriated by the general assembly for child support administration to conduct an OCS poster program. OCS may publish and distribute OCS posters annually.

(B) Each OCS poster shall include:

(1) Photographs of and information about ten obligors who meet the submittal criteria outlined in paragraph (C)(1) of this rule as confirmed by the child support enforcement agency (CSEA);

(2) A toll-free telephone number for OCS that the public may use to report information regarding the whereabouts of any of the obligors displayed on an OCS poster; and

(3) Any other information that OCS considers appropriate.

(C) In accordance with sections 3123.951 and 3123.952 of the Revised Code, any CSEA that chooses to participate in the OCS poster program shall:

(1) Confirm all of the following:

(a) That the obligor is subject to a support order being administered by an Ohio CSEA that has attempted to enforce the order via a public notice, wage withholding order, financial institution deduction order, assertion of a lien, or other court-ordered procedures;

(b) That the obligor's whereabouts are unknown or unable to be confirmed;

(c) That the obligor is not a participant in or recipient of Ohio works first (OWF); the prevention, retention, and contingency (PRC) program; disability financial assistance (DFA); supplemental security income (SSI); or supplemental nutrition assistance program benefits (SNAP);

(d) That the obligor has not filed for protection under federal bankruptcy codes;

(e) That written authorization was obtained from the obligee via the JFS 07021, "Authorization to Include Delinquent Obligor on Poster" (effective or revised effective date as identified in rule 5101:12-50-99 of the Administrative Code), to display the obligor on an OCS poster; and

(f) That a legal representative and an administrator of the CSEA have reviewed the case.

(2) Complete the JFS 07024, "'Most Wanted List' Fact Sheet" (effective or revised effective date as identified in rule 5101:12-50-99 of the Administrative Code), and submit it along with a photograph and statement of possible locations of the obligor to OCS.

(D) The CSEA shall not submit the address of or any other personal information about the obligee when the CSEA submits the name of the obligor to OCS.

(E) OCS shall select obligors to be displayed from the names submitted by CSEAs, review the obligor's records, and confirm the CSEA's finding that the obligor meets the criteria for display on an OCS poster.

(F) In accordance with section 3123.956 of the Revised Code, OCS shall send a notice to each obligor whose name was submitted to be displayed on the OCS poster via the JFS 07022, "Notice to Obligor: Inclusion on Poster" (effective or revised effective date as identified in rule 5101:12-50-99 of the Administrative Code), by ordinary, first class mail to the obligor's last known address. The JFS 07022 shall state that the obligor may avoid being included on the OCS poster by doing all of the following within ninety days after receipt of the JFS 07022:

(1) Make a payment that is at least equal to the monthly obligation;

(2) Provide the CSEA with a current address;

(3) Provide the CSEA with evidence from each current employer of current wages, salary, and other compensation; and

(4) Provide the CSEA with evidence that arrangements have been made for withholding from the obligor's wages, salary, or other compensation to pay support and arrears.

(G) When the CSEA determines that any obligor who was submitted to be displayed on an OCS poster has met the provisions in paragraph (F) of this rule, the CSEA shall immediately notify OCS of the determination by contacting the poster program coordinator in OCS by email, regular mail, or telephone. OCS shall remove the obligor from the list of names submitted before making the final selection.

(H) OCS will notify the CSEA when an obligor is selected for inclusion on the OCS poster.

(I) The CSEA shall notify the obligee of the obligor's selection via the JFS 07023, "Selection for 'Most Wanted List'" (effective or revised effective date as identified in rule 5101:12-50-99 of the Administrative Code) and request the obligee to verify the information contained in the JFS 07023. If the information has changed, the CSEA shall provide updated information to OCS.

Last updated October 12, 2023 at 11:10 AM

History

Effective: March 1, 2017
Promulgated Under: 119.03

Ohio Adm.Code 5101:12-50-65.1 Child support enforcement agency poster program.

(A) Pursuant to section 3123.96 of the Revised Code, a child support enforcement agency (CSEA) may establish a program to increase child support collections by publishing and distributing a series of posters displaying child support obligors who are delinquent in their support payments. CSEA posters may be printed and displayed electronically.

(B) When a CSEA chooses to establish a CSEA poster program, each CSEA poster shall include:

(1) Photographs of and information about ten obligors who meet the submittal criteria outlined in paragraph (C)(1) of rule 5101:12-50-65 of the Administrative Code as confirmed by the CSEA;

(2) The CSEA's toll-free telephone number that the public may use to report information regarding the whereabouts of any of the obligors displayed on the CSEA poster; and

(3) Any other information that the CSEA considers appropriate.

(C) The CSEA shall send a notice to each obligor who is being considered for display on a CSEA poster by ordinary, first class mail to the obligor's last known address. The CSEA may use the JFS 07022, "Notice to Obligor: Inclusion on Poster" (effective or revised effective date as identified in rule 5101:12-50-99 of the Administrative Code) for this purpose. The notice shall state that the obligor may avoid being included on the poster by doing all of the following within ninety days after receipt of the notice:

(1) Make a payment that is at least equal to the monthly support obligation;

(2) Provide the CSEA with a current address;

(3) Provide the CSEA with evidence from each current employer of current wages, salary, and other compensation; and

(4) Provide the CSEA with evidence that arrangements have been made for withholding from the obligor's wages, salary, or other compensation to pay support and arrears.

Last updated October 12, 2023 at 11:10 AM

History

Effective: March 1, 2017
Promulgated Under: 119.03

Ohio Adm.Code 5101:12-50-90 Additional authority to collect arrearages.

(A) Termination of a support order does not prevent a child support enforcement agency (CSEA) from enforcing any arrears that accrued under the support order.

(B) In accordance with section 3123.22 of the Revised Code, when an obligor is paying off an arrearage owed under a support order, the CSEA administering the support order may take any administrative or judicial enforcement actions to collect any arrearage amount that has not yet been collected. These enforcement actions include, but are not limited to:

(1) The issuance of one or more JFS 04047, "Income Withholding for Support" (effective or revised effective date as identified in rule 5101:12-50-99 of the Administrative Code);

(2) The issuance of one or more 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);

(3) The attachment of a lump sum payment owed to the obligor;

(4) The offset of any federal or state income tax refund owed to the obligor; or

(5) The issuance of a financial institution withdrawal directive in accordance with rule 5101:12-55-10.3 of the Administrative Code.

(C) When the obligee and obligor have agreed in a writing signed by the obligee and obligor that is approved by the court by journal entry that the additional actions should be limited to the offset of any federal or state income tax refund owed to the obligor, the CSEA shall limit its enforcement actions to offset of any federal or state income tax refund owed to the obligor.

Last updated August 1, 2023 at 8:30 AM

History

Effective: August 1, 2023
Promulgated Under: 119.03

Ohio Adm.Code 5101:12-50-99 Chapter 5101:12-50 forms - enforcement of the support order.

(A) JFS 01834, "Notice of Ohio Income Tax Refund Offset for Child Support Overpayment" (12/2004);

(B) JFS 01835, "Notice of Ohio Income Tax Refund Offset for Overdue Support" (rev. 8/2005);

(D) JFS 01851, "Notice of Denial of Request for Income Tax Refund Offset Review" (rev. 2/2019);

(E) JFS 01852, "Decision on Request for Collection of Child Support Overpayment" (12/2004);

(F) JFS 01853, "Notice Regarding Request to Reschedule Income Tax Refund Offset Review" (rev. 2/2019);

(G) JFS 01854, "Request for Collection of a Child Support Overpayment" (rev. 12/2004);

(H) JFS 04017, "Notice to Deduct Funds for Child and Spousal Support" (11/2021);

(I) JFS 04043, "Notice to Payor/Office of Unemployment Compensation/Financial Institution to Terminate the Withholding from Obligor's Income/Assets" (rev. 12/2005);

(J) JFS 04047, "Income Withholding for Support" (rev. 3/2024);

(K) JFS 04048, "Addendum to a Withholding Order" (rev. 11/2009);

(L) JFS 07017 "Update of IRS Tax Refund Offset Submittal" (rev. 6/2021);

(M) JFS 07021, "Authorization to Include Delinquent Obligor on Poster" (04/92);

(N) JFS 07022, "Notice to Obligor: Inclusion on Poster" (04/92);

(O) JFS 07023, "Selection for 'Most Wanted List'" (04/92);

(P) JFS 07024, "'Most Wanted List' Fact Sheet" (04/92);

(Q) JFS 07544, "Administrative Review for Income Tax Refund Offset Review Results" (rev. 1/2016);

(R) JFS 07650, "Scheduling Notice for Administrative Review of Income Tax Refund Offset" (rev. 7/2005);

(S) JFS 07726, "Administrative Order for Release or Transmittal of Lump Sum Payment" (rev. 1/2024); and

(T) JFS 07727, "Administrative Order for Release of Lump Sum Payment" (2/2019).

Last updated November 1, 2024 at 8:40 AM

History

Effective: November 1, 2024
Promulgated Under: 119.03

Chapter 5101:12-55 Default Identification and Determination

Ohio Adm.Code 5101:12-55-03 Default.

(A) The rules contained in Chapter 5101:12-55 of the Administrative Code describe the default process and subsequent enforcement techniques that are available to enforce the support order.

(B) As used in this chapter:

(1) "Default" means, pursuant to division (B) of section 3121.01 of the Revised Code, any failure to pay under a support order that is an amount greater than or equal to the amount of support payable under the support order for one month.

(2) "Mistake of fact" means an error in the amount of the current support obligation or the arrears or in the identity of the obligor.

(3) "Period of default" means, pursuant to division (D) of section 3123.01 of the Revised Code, the period beginning on the date a default under a support order is identified and ending on the date the total arrearage amount owed under the order is paid.

Last updated October 12, 2023 at 11:11 AM

History

Effective: April 15, 2008
Promulgated Under: 119.03

Ohio Adm.Code 5101:12-55-03.1 Identification of default and notice to obligor of default and potential action.

(A) At the end of each month, the support enforcement tracking system (SETS) identifies every obligor who appears to meet the default criteria.

(B) Upon identifying that an obligor appears to meet the default criteria and the case meets the automatic income withholding criteria, SETS will issue a JFS 04047, "Income Withholding for Support" (effective or revised effective date as identified in rule 5101:12-50-99 of the Administrative Code), to the obligor's current employer and the obligor.

(1) When a JFS 04047 is to be issued and a payment on arrears does not already exist, SETS will add a payment on arrears to the support order in an amount that represents twenty per cent of the current support obligation in accordance with section 3123.21 of the Revised Code.

(2) When a JFS 04047 is to be issued and a payment on arrears is added to the support order, SETS will issue a JFS 07083, "Notice to Obligor Regarding Default and 20% Payment on Arrears" (effective or revised effective date as identified in rule 5101:12-55-99 of the Administrative Code), to the obligor.

(1) A JFS 04047 that is issued in accordance with this rule does not affect the obligor's right to request an administrative mistake of fact hearing; and

(2) The CSEA shall not alter or terminate a JFS 04047 that had been issued upon the identification of default should the obligor timely file a request for an administrative mistake of fact hearing.

(D) Approximately fifteen days after SETS identifies that an obligor meets the default criteria, the office of child support (OCS) within the Ohio department of job and family services will issue a JFS 04049, "Notice to Obligor of Default and Potential Action" (effective or revised effective date as identified in rule 5101:12-55-99 of the Administrative Code), to the last known address of the obligor. In accordance with section 3123.07 of the Revised Code, the failure of OCS to issue the JFS 04049 does not affect the ability of any CSEA to issue any notice or order for the payment of support, does not provide any defense to any notice or order for the payment of support, and does not affect any obligation to pay support.

Last updated August 1, 2023 at 8:30 AM

History

Effective: August 1, 2023
Promulgated Under: 119.03

Ohio Adm.Code 5101:12-55-03.2 Default investigation.

(A) After an obligor is identified as appearing to meet the default criteria and before the JFS 04049, "Notice to Obligor of Default and Potential Action" (effective or revised effective date as identified in rule 5101:12-55-99 of the Administrative Code), is issued, the child support enforcement agency (CSEA) shall conduct an investigation to determine:

(1) Whether the obligor is in default;

(2) The amount of any arrears;

(3) The employment status of the obligor;

(4) The obligor's social security number;

(5) The name and business address of the obligor's employer or other source of income; and

(6) Any other information necessary for the CSEA to:

(a) Issue a JFS 04047, "Income Withholding for Support" (effective or revised effective date as identified in rule 5101:12-50-99 of the Administrative Code);

(b) Issue a 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);

(c) Recommend that the court issue a cash bond order in accordance with rule 5101:12-50-15 of the Administrative Code; or

(d) Issue or recommend that the court issue a seek work order in accordance with rule 5101:12-50-17 of the Administrative Code.

(B) During the investigation the CSEA may also secure any other information necessary to enforce the support order including whether the obligor:

(1) Owns any real or personal property;

(2) Has any funds in a financial institution account as indicated on the financial institution data match report; or

(3) Holds any professional, recreational, and/or driver's license.

(C) When the CSEA concludes the investigation and determines that no default exists, the CSEA shall terminate the default proceedings. If a JFS 04047 or JFS 04017 was issued upon the identification of default, the CSEA shall revise the JFS 04047 or JFS 04017 to collect the support owed under the support order.

Last updated August 1, 2023 at 8:31 AM

History

Effective: August 1, 2023
Promulgated Under: 119.03

Ohio Adm.Code 5101:12-55-03.3 Administrative mistake of fact hearing process.

(A) The JFS 07083, "Notice to Obligor Regarding Default and 20% Payment on Arrears" (effective or revised effective date as identified in rule 5101:12-55-99 of the Administrative Code), and the JFS 04049, "Notice to Obligor of Default and Potential Action" (effective or revised effective date as identified in rule 5101:12-55-99 of the Administrative Code), inform the obligor of the obligor's right to contest the default and any new payment on arrears by requesting an administrative mistake of fact hearing.

(1) The obligor is to file the request for an administrative mistake of fact hearing with the child support enforcement agency (CSEA) within fourteen days of the date the JFS 07083 or JFS 04049 was issued.

(2) When an obligor submits a request for an administrative mistake of fact hearing within fourteen days of the date the JFS 07083 was issued and a second request for an administrative mistake of fact hearing within fourteen days of the date the JFS 04049 was issued, the CSEA will combine both requests into one administrative mistake of fact hearing.

(B) When an obligor files a timely request for an administrative mistake of fact hearing with the CSEA, the CSEA shall:

(1) Schedule the administrative mistake of fact hearing to be held on a date no later than ten days after the date that the obligor files the administrative mistake of fact hearing request; and

(2) Issue a JFS 07052, "Notice of Administrative Mistake of Fact Hearing" (effective or revised effective date as identified in rule 5101:12-55-99 of the Administrative Code), to the last known addresses of the obligor and obligee no later than five days before the date on which the administrative mistake of fact hearing is scheduled to be conducted.

(D) At the administrative mistake of fact hearing, the CSEA shall:

(1) Consider testimony and evidence regarding an obligor's assertion that a mistake of fact exists on the JFS 04049 or the JFS 07083;

(2) Determine whether a mistake of fact exists on the JFS 04049 or the JFS 07083;

(3) When the obligor disputes the new arrears payment, consider any evidence the obligor presents regarding household expenditures, income variables, extraordinary health care issues, and other reasons for a deviation from the presumed minimum payment on arrears, pursuant to section 3123.21 of the Revised Code, and determine whether to deviate from the presumed payment on arrears;

(4) Issue the administrative determination to the obligor within five business days of the date the administrative mistake of fact hearing is held;

(5) Record the results of the administrative mistake of fact hearing in the support enforcement tracking system (SETS); and

(6) Make any necessary changes in SETS based on the administrative mistake of fact hearing determination.

Last updated August 1, 2023 at 8:31 AM

History

Effective: August 1, 2023
Promulgated Under: 119.03

Ohio Adm.Code 5101:12-55-03.4 Final and enforceable determination of default.

(A) A final and enforceable determination of default and of the amount of arrears owed exists when:

(1) The office of child support (OCS) within the Ohio department of job and family services issues a JFS 04049, "Notice to Obligor of Default and Potential Action" (effective or revised effective date as identified in rule 5101:12-55-99 of the Administrative Code), to the obligor and the obligor does not request an administrative mistake of fact hearing within fourteen days of the date the JFS 04049 was issued. The amount of arrears owed pursuant to the determination of default is the amount indicated on the JFS 04049.

(2) The obligor requests an administrative mistake of fact hearing on the JFS 04049 or the JFS 07083, "Notice to Obligor Regarding Default and 20% Payment on Arrears" (effective or revised effective date as identified in rule 5101:12-55-99 of the Administrative Code) but does not request a court hearing within fourteen days of the date of the administrative mistake of fact hearing determination was issued. The amount of arrears owed pursuant to the determination of default is the amount indicated on the administrative mistake of fact hearing determination.

(3) The obligor requests a court hearing on the administrative mistake of fact hearing determination and the court issues a determination. The amount of arrears owed pursuant to the determination of default is the amount indicated on the court determination.

(B) Within fifteen days of the date that a final and enforceable determination of default occurs, the child support enforcement agency (CSEA) shall:

(1) When a JFS 04047, "Income Withholding for Support" (effective or revised effective date as identified in rule 5101:12-50-99 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), was not issued upon identification of default, issue a JFS 04047 or JFS 04017 to any available income or source of funds.

(2) When a JFS 04047 or JFS 04017 was issued and the final and enforceable determination of default altered the arrears payment amount stated in the JFS 04049 or JFS 07083, issue a revised JFS 04047 or JFS 04017, when necessary.

(3) When a JFS 04047 or JFS 04017 was issued and the final and enforceable determination of default did not alter the arrears payment amount stated in the JFS 04049 or JFS 07083, permit the JFS 04047 or JFS 04017 to remain in effect.

(C) When an obligor is subject to a final and enforceable determination of default, the CSEA shall enforce the support order using all required enforcement techniques, and may use any additional appropriate enforcement techniques, described in Chapters 5101:12-50 and 5101:12-55 of the Administrative Code.

Last updated August 1, 2023 at 8:31 AM

History

Effective: August 1, 2023
Promulgated Under: 119.03

Ohio Adm.Code 5101:12-55-10 Financial institution data match program.

(A) This rule and its supplemental rules describe the procedures that a child support enforcement agency (CSEA) shall use when it elects to utilize the financial institution data match (FIDM) program to enforce a support order after a final and enforceable determination of default has been made against the obligor.

(B) The CSEA shall document in its handbook of internal procedures the CSEA's criteria for initiating and utilizing the FIDM program as an optional enforcement technique.

(1) "Access restriction" means, in accordance with section 3123.24 of the Revised Code, that funds within an account may not be withdrawn or transferred. For Ohio FIDM purposes, the access restriction is accomplished via the JFS 04050, "Financial Institution Account Access Restriction" (effective or revised effective date as identified in rule 5101:12-55-99 of the Administrative Code).

(2) For the purposes of this rule, "account" refers to a demand deposit account, checking account, negotiable withdrawal order account, savings account, time deposit account, money-market mutual fund account, or similar account that may be readily converted to cash.

(3) "Financial institution" means, in accordance with section 3121.01 of the Revised Code, a bank, savings and loan association, credit union, regulated investment company or mutual fund.

(4) "Protected benefit" has the same meaning as in rule 5101:12-50-10 of the Administrative Code.

(5) "Withdrawal directive" means an order to a financial institution to withdraw a specific amount of funds from an obligor's account and transmit the withdrawn funds to the office of child support within the department of job and family services. For Ohio FIDM purposes, the withdrawal directive is accomplished via the JFS 04055, "Financial Institution Account Withdrawal Directive" (effective or revised effective date as identified in rule 5101:12-55-99 of the Administrative Code).

Last updated September 9, 2024 at 3:05 PM

History

Effective: February 11, 2019
Promulgated Under: 119.03

Ohio Adm.Code 5101:12-55-10.1 Investigation of an account, imposing an access restriction, and releasing an access restriction.

(A) Child support enforcement agency (CSEA) investigation upon notice or discovery of an account in a financial institution.

In accordance with sections 3123.25 and 3123.27 of the Revised Code, when the CSEA elects to utilize the financial institution data match (FIDM) program to enforce a support order, the CSEA shall:

(1) Verify that a final and enforceable determination of default has been made against the obligor, as described in rules 5101:12-55-03 to 5101:12-55-03.4 of the Administrative Code. For purposes of the FIDM program, a JFS 04049, "Notice to Obligor of Default and Potential Action" (rev. 08/1999, 10/2001, 04/2003, 05/2005, 8/2010, or 2019), must have been issued on or after August 17, 1999;

(2) Verify that the obligor has not filed for bankruptcy protection. When the CSEA determines that the obligor has filed for bankruptcy protection, the CSEA shall not use the FIDM program to enforce a support order unless the bankruptcy has been discharged or other relief from bankruptcy protection has been secured by the CSEA;

(3) Identify whether the obligor is receiving or has received income from a protected benefit, as described in rule 5101:12-50-10 of the Administrative Code, including, but not limited to, research in the support enforcement tracking system (SETS) and the state verification exchange system/defense manpower data center (SVES/DMDC);

(a) When the CSEA determines that any of the funds in the account are from a protected benefit source, the CSEA shall not issue the JFS 04050, "Financial Institution Account Access Restriction" (effective or revised effective date as identified in rule 5101:12-55-99 of the Administrative Code);

(b) When the CSEA determines that the funds in the account are not from a protected benefit source, the CSEA shall proceed in accordance with paragraphs (B) to (H) of this rule;

(4) Determine whether the obligor's account is with a financial institution that conducts business in Ohio; and

(a) When the CSEA determines that the account is with a financial institution that conducts business in Ohio, the CSEA shall follow the procedures described in paragraph (B) of this rule.

(b) When the CSEA determines that the account is with a financial institution that does not conduct business in Ohio, the CSEA shall follow the procedures described in paragraph (D) of this rule.

(5) Document the results of the investigation in the case record.

(B) Imposing an access restriction on an account when the account is with a financial institution that conducts business in Ohio.

The CSEA shall issue:

(1) The JFS 04050 by first class mail to the financial institution in which the obligor's account is maintained; and

(2) A copy of the JFS 04050 by first class mail to the obligor.

(1) "Assisting state" refers to the state that assists the requesting state in imposing an access restriction on an account and issuing a withdrawal directive.

(2) "Requesting state" refers to the state that requests assistance from the assisting state in imposing an access restriction on an account and issuing a withdrawal directive.

(D) Imposing an access restriction on an account when the account is with a financial institution that does not conduct business in Ohio.

(1) The CSEA shall assume the role of the requesting state, and request assistance from the state in which the financial institution conducts business.

(2) The state in which the financial institution conducts business will assume the role of the assisting state.

(3) The case shall not be considered an interstate case.

(4) The CSEA shall determine the requirements of the assisting state with regard to imposing an access restriction on the account and issuing a withdrawal directive. State-specific data is provided on the website for the federal office of child support enforcement (OCSE).

(5) The CSEA shall request that the assisting state impose an access restriction on the account and issue a withdrawal directive.

(6) The CSEA shall provide the assisting state with the following information:

(a) The account number and the name and address of the financial institution;

(b) The amount to be withdrawn;

(d) The name and payment address for Ohio child support payment central; and

(e) Any other necessary information that the assisting state requires from the CSEA.

(E) Imposing an access restriction on an account when the case is in a requesting state and the financial institution does not conduct business in the requesting state but conducts business in Ohio.

The requesting state will make its request through the ODJFS interstate central registry, which will forward the request to the CSEA located in the same Ohio county as the financial institution.

(1) The CSEA shall assume the role of the assisting state.

(2) The other state will assume the role of the requesting state, and request that the CSEA impose an access restriction on the account and issue a withdrawal directive.

(3) The CSEA shall not open a case in SETS.

(4) The case shall not be considered an interstate case.

(5) The requesting state will provide the CSEA with the following information:

(a) The account number and the name and address of the financial institution;

(b) The amount to be withdrawn;

(d) Whether the account is a "sole" or "joint account";

(e) The name and payment address for the state disbursement unit in the requesting state; and

(f) Any other necessary information that the CSEA requires from the requesting state.

(6) The CSEA shall issue:

(a) The JFS 04050 by first class mail to the financial institution; and

(b) A copy of the JFS 04050 by first class mail to the obligor.

(F) After the CSEA issues a JFS 04050 or the assisting state imposes an access restriction on the account, the CSEA shall determine whether a person other than the obligor has an ownership interest in the account.

(1) When the CSEA determines that another person has an ownership interest in the account, the CSEA shall proceed with the administrative hearing process, in accordance with rule 5101:12-55-10.2 of the Administrative Code.

(2) When the CSEA determines that the obligor is the only person having ownership interest in the account, the CSEA shall issue the JFS 04055, "Financial Institution Account Withdrawal Directive" (effective or revised effective date as identified in rule 5101:12-55-99 of the Administrative Code) by first class mail to the financial institution in which the obligor's account is maintained.

(G) In accordance with section 3123.26 of the Revised Code, after the financial institution receives the JFS 04050 from a CSEA or an access restriction notice from another state, the financial institution is required to promptly place an access restriction on the account. The access restriction remains in effect until:

(1) The financial institution complies with a JFS 04055 from a CSEA;

(2) The financial institution complies with a withdrawal directive from a court; or

(3) A CSEA or a court orders the financial institution to release the access restriction.

(H) Release of an access restriction from an account.

(1) When the obligor is no longer in default, the CSEA shall issue:

(a) The JFS 04051, "Financial Institution Account Full or Partial Release of Access Restriction" (effective or revised effective date as identified in rule 5101:12-55-99 of the Administrative Code), by first class mail to the financial institution in which the obligor's account is maintained, for a release on the total amount of funds in the account; and

(b) A copy of the JFS 04051 by first class mail to the obligor.

If the obligor is determined to be in default at a later date, the CSEA may again consider utilizing the FIDM program.

(2) When, after the CSEA has imposed an access restriction on the account, the CSEA becomes aware of an amount of funds in the account that represents protected benefits, the CSEA shall issue:

(a) The JFS 04051 by first class mail to the financial institution in which the obligor's account is maintained, for a release on the amount of funds in the account that represent protected benefits; and

(b) A copy of the JFS 04051 by first class mail to the obligor.

(3) When the CSEA determines that a legal restriction exists on the account that prevents the obligor from withdrawing the funds, the CSEA shall issue:

(a) The JFS 04051 by first class mail to the financial institution in which the obligor's account is maintained, for a release on the amount of funds in the account that is legally restricted; and

(b) A copy of the JFS 04051 by first class mail to the obligor.

Last updated August 4, 2026 at 11:07 AM

History

Effective: December 15, 2021
Promulgated Under: 119.03

Ohio Adm.Code 5101:12-55-10.2 Administrative and court hearings for ownership interest in an account.

(A) After the child support enforcement agency (CSEA) issues a JFS 04050, "Financial Institution Account Access Restriction" (effective or revised effective date as identified in rule 5101:12-55-99 of the Administrative Code), the CSEA shall determine whether a person other than the obligor has an ownership interest in the account.

For purposes of this rule, the person other than the obligor who has an ownership interest in the account is referred to as a "joint account owner" and includes "another person," as described in paragraph (B) of this rule.

(B) When the CSEA determines that there is a joint account owner, the CSEA shall issue the JFS 04052, "Notice to Person, Other than Child Support Obligor, Having Ownership Interest in an Account" (effective or revised effective date as identified in rule 5101:12-55-99 of the Administrative Code), by first class mail to the joint account owner at an address for the joint account owner contained in the records of the financial institution.

When the address of the joint account owner is not contained in the records of the financial institution, the CSEA shall issue the JFS 04052 by first class mail to the joint account owner in care of another person whose address is contained in the records of the financial institution concerning the account.

(1) Administrative hearing time frames.

(a) The joint account owner shall have fourteen days from the date the JFS 04052 is issued to object to the withdrawal directive by returning the JFS 04052 to the CSEA.

(b) When the joint account owner fails to return the JFS 04052 to the CSEA within the fourteen-day timeframe, the CSEA shall issue the JFS 04055, "Financial Institution Account Withdrawal Directive" (effective or revised effective date as identified in rule 5101:12-55-99 of the Administrative Code), in accordance with rule 5101:12-55-10.3 of the Administrative Code.

(2) Conducting the administrative hearing.

(a) When the joint account owner returns the JFS 04052 to the CSEA within the fourteen-day timeframe, the CSEA shall:

(i) Issue the JFS 04053, "Notice of Administrative Hearing in Regard to Account Ownership" (effective or revised effective date as identified in rule 5101:12-55-99 of the Administrative Code), by first class mail to the joint account owner no later than five days before the date the administrative hearing is to be conducted; and

(ii) Conduct the administrative hearing no later than ten days after the date the joint account owner returns the JFS 04052 to the CSEA.

(b) At the administrative hearing, the CSEA shall:

(i) Permit the joint account owner to present testimony and evidence at the administrative hearing only in regard to the issue of whether any amount, and how much, if any, of the amount, contained in the account is the property of the joint account owner and should not be subject to the withdrawal directive; and

(ii) Determine whether any amount contained in the account is the property of the joint account owner.

(3) Administrative hearing determination.

(a) When the CSEA determines that the total amount of funds in the account is the property of the joint account owner, the CSEA shall:

(i) Issue the JFS 04054, "Notice of Determination on Amount of Ownership" (effective or revised effective date as identified in rule 5101:12-55-99 of the Administrative Code), by first class mail to the joint account owner;

(ii) Issue the JFS 04051, "Financial Institution Account Full or Partial Release of Access Restriction" (effective or revised effective date as identified in rule 5101:12-55-99 of the Administrative Code), by first class mail to the financial institution in which the obligor's account is maintained, for a release on the account;

(iii) Issue a copy of the JFS 04051 by first class mail to the obligor; and

(iv) Take no further enforcement action on the account.

(b) When the CSEA determines that no amount of funds in the account is the property of the joint account owner, the CSEA shall:

(i) Issue the JFS 04054 by first class mail to the joint account owner; and

(ii) Wait fourteen days to allow the joint account owner to file a written motion with the court as described in paragraph (D)(1) of this rule.

When the joint account owner does not file a timely motion with the court, the CSEA shall issue the JFS 04055, in accordance with rule 5101:12-55-10.3 of the Administrative Code.

(c) When the CSEA determines that a partial amount of funds in the account is the property of the joint account owner, the CSEA shall:

(i) Determine that amount;

(ii) Issue the JFS 04054 by first class mail to the joint account owner;

(iii) Issue the JFS 04051 by first class mail to the financial institution in which the obligor's account is maintained, for a release on the amount of funds in the account that is the property of the joint account owner and take no further enforcement action on that amount;

(iv) Issue a copy of the JFS 04051 by first class mail to the obligor; and

(v) Wait fourteen days to allow the joint account owner to file a written motion with the court as described in paragraph (D)(1) of this rule.

When the joint account owner does not file a timely motion with the court, the CSEA shall issue the JFS 04055, in accordance with rule 5101:12-55-10.3 of the Administrative Code.

(D) Court hearing.

(1) In accordance with section 3123.34 of the Revised Code, the joint account owner has fourteen days after the CSEA makes its determination to file a written motion with the court of common pleas of the county served by the CSEA for a hearing to determine whether any amount contained in the account is the property of the joint account owner.

(2) When the joint account owner files a timely motion with the court, the court is required to hold a hearing on the request in accordance with section 3123.35 of the Revised Code.

(3) In accordance with section 3123.36 of the Revised Code, the court may order the financial institution to:

(a) Release the access restriction on the account and take no further enforcement action on the account;

(b) Release the access restriction on a partial amount of funds in the account and order the CSEA to take no further enforcement action on those funds; or

Last updated August 4, 2026 at 11:07 AM

History

Effective: February 11, 2019
Promulgated Under: 119.03

Ohio Adm.Code 5101:12-55-10.3 Issuing a withdrawal directive.

(A) In accordance with section 3123.28 of the Revised Code, when the child support enforcement agency (CSEA) proposes to intercept an obligor's funds in an account for purposes of the financial institution data match (FIDM) program, and after the CSEA issues a JFS 04050, "Financial Institution Account Access Restriction" (effective or revised effective date as identified in rule 5101:12-55-99 of the Administrative Code), in accordance with rule 5101:12-55-10.1 of the Administrative Code, the CSEA shall issue:

(1) The JFS 04055, "Financial Institution Account Withdrawal Directive" (effective or revised effective date as identified in rule 5101:12-55-99 of the Administrative Code) by first class mail to the financial institution in which the obligor's account is maintained; and

(2) A copy of the JFS 04055 by first class mail to the obligor.

(B) When the obligor has multiple cases for which the same CSEA has administrative responsibility pursuant to rule 5101:12-10-03 or 5101:12-10-04 of the Administrative Code, the CSEA will issue:

(1) The JFS 04046, "Financial Institution Account Withdrawal Directive For Obligors With Multiple Cases" (effective or revised effective date as identified in rule 5101:12-55-99 of the Administrative Code) by first class mail to the financial institution in which the obligor's account is maintained; and

(2) A copy of the JFS 04046 by first class mail to the obligor.

(C) When the obligor has multiple cases for which multiple CSEAs have administrative responsibility pursuant to rule 5101:12-10-03 or 5101:12-10-04 of the Administrative Code, the CSEAs will collaborate to resolve which CSEA will issue the JFS 04046 as follows:

(1) When a CSEA has knowledge that an obligor also has another case for which another CSEA has administrative responsibility, the CSEA will contact the other CSEA(s) to determine if the other CSEA also wants to pursue FIDM for its case and to determine which CSEA will issue the JFS 04046. The CSEA should contact the other CSEA at the lump sum mailbox for the other county using the subject: "Attention FIDM Coordinator"; or contact the FIDM coordinator for the other CSEA directly;

(2) A CSEA will respond to an inquiry from another CSEA regarding FIDM within two business days of when the inquiry was sent;

(3) When a CSEA fails to respond to an inquiry from another CSEA regarding FIDM within two business days; the CSEA that sent the inquiry will document in the case record the non-response from the other CSEA and will proceed as if the other CSEA has determined not to proceed with FIDM for its case.

(D) In accordance with sections 3123.36 and 3123.37 of the Revised Code, when the court determines that any of the funds in an account are not the property of the joint account owner, the court is required to issue a withdrawal directive to the financial institution.

(E) The CSEA shall return to the obligor any funds deducted from the account that are later identified as funds from a protected benefit source, within two business days of the CSEAs determination. The CSEA shall issue a refund from the administrative fund described in rule 5101:9-6-83 of the Administrative Code, including any bank fees charged to the obligor when the withdrawal resulted in the account having insufficient funds.

Last updated August 4, 2026 at 11:07 AM

History

Effective: November 1, 2021
Promulgated Under: 119.03

Ohio Adm.Code 5101:12-55-20 Liens against real and personal property.

(A) This rule describes the procedures that a child support enforcement agency (CSEA) shall use when it decides to assert a lien on real or personal property that is owned by an obligor who has been determined to be in default under a support order. Obtaining a lien does not affect any other legal remedies available against obligors or their property by persons entitled to receive support that is in arrears.

(B) A lien can be attached to real property (real estate) that must be paid off before a subsequent purchaser can take the property free of the creditor's claim. Sections 3123.66 and 3123.67 of the Revised Code provide for the assertion of a lien against real and personal property by the CSEA. Section 3123.73 of the Revised Code provides that a CSEA is entitled to have real and personal property subject to the lien sold in accordance with section 3123.74 of the Revised Code. Chapter 2329. of the Revised Code provides for securing a lien against real property. Chapter 2715. and section 4505.13 of the Revised Code provide for the attachment of personal property that includes, but is not limited to, items such as motor vehicles, guns, electronic equipment, jewelry, and musical instruments.

(1) Pursuant to section 3123.66 of the Revised Code, when a court or CSEA has issued a final and enforceable determination that an obligor is in default, the CSEA may assert a lien on any or all of the obligor's real and personal property that is located in Ohio.

(2) When the CSEA asserts a lien, the lien shall include the amount of the arrears determined to be in default and any amounts due for current support that are in arrears after the date of the default determination.

(3) When the CSEA asserts a lien on real or personal property, it may file the lien with the county recorder in each Ohio county in which the CSEA knows that the obligor's real or personal property that is subject to the lien is located. If requested by the county recorder, the CSEA shall include any additional documentation or a self-addressed, stamped envelope for the return of the filed lien.

(a) A CSEA may enter into a contract with the county recorder using procedures described in rules 5101:12-1-80 to 5101:12-1-80.4 of the Administrative Code for the purpose of reimbursing the recorder for the cost of filing liens.

(b) After the CSEA files a lien, the lien shall apply to after acquired property as well.

(4) In accordance with section 3123.69 of the Revised Code, a CSEA shall, no later than ten days after filing a lien, serve a copy of the lien by regular mail on both the obligor whose real or personal property is subject to the lien and the person or state agency in possession or control of any real or personal property of the obligor.

(5) Pursuant to section 3123.70 of the Revised Code, a lien shall:

(a) Have priority over liens, mortgages, security interests, or other types of encumbrances that are associated with the property that arise after the date the lien is filed; and

(b) Not have priority over liens, mortgages, security interests, or other types of encumbrances associated with the property that arose on or before the date the lien was filed.

(6) After service of process as described in paragraph (C)(4) of this rule has occurred, any person or state agency that releases, sells, transfers, or conveys real or personal property subject to the lien to or for the benefit of the obligor or any other person, or fails or refuses to surrender property for the execution sale shall be liable for the support arrears that are the basis of the lien. This liability includes costs, interest, and reasonable attorney's fees of the opposing party pursuant to section 3123.77 of the Revised Code.

(D) The CSEA may assert a lien on real or personal property located in another state. When a CSEA determines that an obligor owns or may own real or titled personal property located in a state other than Ohio, the CSEA may send the JFS 01132, "Notice of Lien" (effective or revised effective date as identified in rule 5101:12-55-99 of the Administrative Code) to the state in which the property is located. The CSEA may contact the interstate central registry in the state where the property is located to determine the appropriate location where the JFS 01132 should be sent.

(E) Responding to a lien issued by another state.

(1) When the office of child support (OCS) within the Ohio department of job and family services (ODJFS) receives a copy of a lien filed in another state, a copy of the child support order, and a copy of the court or administrative determination finding the obligor to be in default under the child support order, OCS shall examine the lien and other documents and determine whether the lien is in compliance with federal child support law and regulations.

(2) When OCS determines that the lien is in compliance with federal child support law and regulations based on the documentation received, OCS shall determine in which Ohio county or counties the obligor's real or personal property that may be subject to the lien is located.

(3) On making the determination, OCS shall send a copy of the lien to the CSEA in each county in which the property is located.

(4) Upon receipt of the lien from OCS, the CSEA shall assert the lien in accordance with paragraph (C) of this rule.

(5) In accordance with section 3123.68 of the Revised Code, OCS and each court and CSEA shall give full faith and credit to a lien that is similar to a lien described in section 3123.67 of the Revised Code that was established by an authorized agency of another state.

Last updated August 1, 2023 at 8:31 AM

History

Effective: August 1, 2023
Promulgated Under: 119.03

Ohio Adm.Code 5101:12-55-20.1 Lien levy and execution.

(A) This rule describes the process that a child support enforcement agency (CSEA) shall use when it decides to execute on a lien on personal or real property of an obligor that has been asserted by the CSEA in accordance with rule 5101:12-55-20 of the Administrative Code.

(B) For purposes of this rule, "execution" means a process issued by a court which directs the sheriff of a county to sell either real or personal property owned by a particular obligor upon which a CSEA has placed a lien. Execution on liens shall be done in accordance with Chapter 2329. of the Revised Code.

(C) Because an execution is a complex and expensive procedure involving advertising and publication costs, court fees, filing fees, auctioneer's fees, possible storage fees, bonds, title transfer costs, appraisal costs, title search fees, and service of process, the CSEA should carefully consider each of the following factors before making a decision to execute on a lien:

(1) The existence of prior liens or secured creditors. Prior liens and security interests can be determined by checking title record and other public records;

(2) The obligor's right to claim an exemption in the property to be seized and the amount of the exemption allowable in accordance with section 2329.66 of the Revised Code;

(3) Whether there are co-owners of the property who may have an interest in the property;

(4) The value of the obligor's equity interest in the property relative to the value of any mortgages, loans, other liens, or encumbrances which may be attached to the property;

(5) The estimated current market value and potential sale price of the property relative to the obligor's equity interest in that property;

(6) The storage cost of the property, if any, and the speed with which it must be sold to minimize the cost and not jeopardize the property;

(7) The execution notice and sale costs;

(8) Whether the estimated sale proceeds will produce a significant payment on the arrears;

(9) The need for immediate execution if bankruptcy is a strong possibility; and

(10) The position the obligor will be in after the property is sold and whether the seizure of the property will decrease the obligor's ability to earn a living or result in long term indigence.

(D) Execution of a lien.

(1) To execute on a lien, the CSEA shall file a complaint in the appropriate court of the county where the property is located in accordance with section 3123.74 of the Revised Code. The complaint shall be filed:

(a) In the court in the county where the support order was issued if the property is located in that county; or

(b) In the court of common pleas in the county where the property is located if the support order was issued in a state other than Ohio or if the child support order was issued by a county other than the one in which the property is located.

(2) The complaint shall contain all of the following in accordance with the requirements of section 3123.74 of the Revised Code:

(a) A statement that the CSEA has obtained a lien on real and personal property of the obligor that is located in the county;

(b) A statement that the CSEA is entitled to have the property sold and have the proceeds of the sale applied to the child support arrearage in the case; and

(c) A request that the court issue an order for the property to be sold by an execution sale in accordance with Chapter 2329. of the Revised Code.

(3) On receipt of a complaint, the court will conduct a hearing to determine whether the court has jurisdiction and whether the CSEA has obtained a lien pursuant to section 3123.74 of the Revised Code.

(4) The court will issue an order requiring the property to be sold by execution sale in accordance with Chapter 2329. of the Revised Code, if it determines that the court has jurisdiction and that the CSEA has obtained a lien in accordance with section 3123.74 of the Revised Code.

(5) If a CSEA has sent a Uniform Interstate Family Support Act (2008) petition to a child support agency in a responding state requesting enforcement of a support order, as described in rule 5101:12-70-05.5 of the Administrative Code, and the child support agency in the responding state has placed a lien on personal or real property owned by the obligor, the CSEA may request that the child support agency in the responding state execute on the lien using the applicable laws of the responding state.

(6) If a CSEA has sent the JFS 01132, "Notice of Lien" (effective or revised effective date as identified in rule 5101:12-55-99 of the Administrative Code) to another state and the other state has placed a lien on personal or real property owned by the obligor, the CSEA may request that the other state execute on the lien using the applicable laws of that state.

A sale of real or personal property extinguishes the lien associated with the property pursuant to section 3123.75 of the Revised Code.

(E) Discharge of a lien imposed by a CSEA.

(1) A lien filed with the county recorder shall be effective until the county recorder discharges the lien.

(2) A county recorder shall discharge the lien within five days after the CSEA files a JFS 07006, "Discharge of lien" (effective or revised effective date as identified in rule 5101:12-55-99 of the Administrative Code), requesting that the lien be discharged.

(3) The CSEA shall file the JFS 07006 requesting that the county recorder discharge the lien if one of the following applies:

(a) The lien is satisfied by an execution sale pursuant to Chapter 2329. of the Revised Code;

(b) The obligor makes full payment of the arrears to the office of child support, child support payment central;

(4) At any time a CSEA may request the discharge of a lien on all or part of the property of the obligor or return seized property without liability in accordance with section 3123.76 of the Revised Code if:

(a) Assurance of payments is deemed adequate by the CSEA; or

(b) The discharge will facilitate the collection of the arrears for which the lien was imposed.

The discharge of a lien or the return of property does not prevent further action by the CSEA to collect arrears on the case.

Last updated August 4, 2026 at 11:08 AM

History

Effective: August 1, 2023
Promulgated Under: 119.03

Ohio Adm.Code 5101:12-55-25 License suspension.

(A) This rule describes when a child support enforcement agency (CSEA) may, as an enforcement technique, submit an obligor under a child support order to a licensing entity to suspend, refuse, or deny to renew a professional, driver's, or recreational license. Suspension and reinstatement procedures of license to practice law are described in rule 5101:12-55-26 of the Administrative Code.

(B) The following definitions apply to this rule and its supplemental rules:

(1) "License" means:

(a) A license, certificate, permit, registration, or other authorization to engage in an occupation or profession, other than attorney, that is issued by a board or entity that has the authority pursuant to Title XLVII (47) of the Revised Code;

(b) A driver's or commercial driver's license, motorcycle operator's license or endorsement, temporary instruction permit, or commercial driver's temporary instruction permit issued by the registrar of motor vehicles or a deputy registrar; or

(c) A recreational license issued by the department of natural resources (DNR) that includes any license, permit, or stamp issued pursuant to section 1533.10, 1533.11, 1533.111, 1533.112, or 1533.32 of the Revised Code.

(2) "Licensing entity" means any entity that has authority to issue a license to an individual and includes any of the following:

(a) Any board or entity that has the authority pursuant to Title XLVII (47) of the Revised Code to issue a license and any other agency of this state, other than the supreme court, that has the authority to issue a license that authorizes an individual to engage in an occupation or profession. This includes an administrative officer that has authority to issue a license that authorizes an individual to engage in an occupation or profession;

(b) The bureau of motor vehicles (BMV) or the registrar or deputy registrar of motor vehicles; and

(3) "Pre-suspension notice" means the JFS 04024, "Advance Notice to Suspend Professional, Recreational, and/or Driver's License" (effective or revised effective date as identified in rule 5101:12-55-99 of the Administrative Code).

(C) The CSEA will submit an obligor under a child support order to a licensing entity to suspend, refuse, or deny to renew a license only when:

(1) A court or agency has determined that an individual has failed to comply with a warrant or subpoena issued by a court or agency with respect to a proceeding to enforce a child support order, and the CSEA has issued a pre-suspension notice as outlined in paragraph (D) of this rule at least thirty days prior to submission of an obligor to a licensing entity; or

(a) Unless the obligor files a mistake of fact objection to the JFS 04049, the CSEA will count at least ninety days from the most recent issuance of the JFS 04049.

(b) If the obligor objects, default is considered final and enforceable on the date established in a CSEA mistake of fact determination under section 3123.04 of the Revised Code or the court mistake of fact determination under section 3123.05 of the Revised Code.

(c) If the agency or court mistake of fact determination is silent as to the date of default, the CSEA will use the date of issuance of the JFS 04049.

(3) The CSEA issued a pre-suspension notice as outlined in paragraph (D) of this rule at least thirty days prior to submission of the obligor to a licensing entity.

(D) The CSEA will only send a pre-suspension notice when the CSEA determines that in the ninety-day period preceding a decision to issue a pre-suspension notice, the obligor has paid less than fifty per cent of the total monthly ordered obligation due for that ninety-day period, excluding any state or federal tax offset amounts received during that ninety-day period.

(1) A "ninety-day period" includes the three full months preceding the month in which the CSEA is considering sending the pre-suspension notice.

(2) The JFS 04024 will be issued to the obligor's last known address by ordinary, first class mail.

(3) When more than ninety days have elapsed since the issuance of the JFS 04024, a new pre-suspension notice will be sent to the obligor if the CSEA still intends to submit an obligor to a licensing entity referenced in the notice.

(E) License suspension procedures.

When the CSEA elects to submit an obligor to a licensing entity to suspend a specific license, the CSEA will:

(1) Ensure that at least thirty days, but no more than ninety days have elapsed since the issuance of the pre-suspension notice as described in paragraph (D) of this rule; and

(2) Send an electronic notice through the support enforcement tracking system (SETS) or, when an electronic notice is not available, a JFS 04041, "Notice to Suspend Professional, Motor Vehicle Operator and Recreational License" (effective or revised effective date as identified in rule 5101:12-55-99 of the Administrative Code), to the licensing entity that has authority to issue or has issued the obligor that specific license.

(F) The CSEA will describe the procedures used to submit an obligor to a licensing entity to suspend, refuse, or deny to renew a license and to reinstate a license in the CSEA's procedural manual.

Last updated June 2, 2025 at 7:59 AM

History

Effective: June 1, 2025
Promulgated Under: 119.03

Ohio Adm.Code 5101:12-55-25.1 License reinstatement.

(A) This rule describes the process a child support enforcement agency (CSEA) will use to reinstate a professional, recreational, or driver's license that has been suspended.

(B) A CSEA will send an electronic notice through the support enforcement tracking system (SETS) or, when an electronic notice is not available, a JFS 04042, "Notice to Reinstate/Reissue a License" (effective or revised effective date as identified in rule 5101:12-55-99 of the Administrative Code), to the licensing entity to which it sent a JFS 04041, "Notice to Suspend Professional, Motor Vehicle Operator and Recreational License" (effective or revised effective date as identified in rule 5101:12-55-99 of the Administrative Code), within seven days of one of the following:

(1) There has been a determination that the obligor is no longer in default; or

(2) The court or CSEA that issued a warrant or subpoena removes the warrant or determines that the obligor has complied with the subpoena in accordance with section 3123.46 of the Revised Code; or

(3) The following occurs:

(a) The obligor pays the full arrears balance owed as of the date of the payment; or

(b) When paragraph (B)(3)(a) of this rule is not possible, the obligor presents evidence of employment or a financial institution account and the agency has confirmed said employment or financial institution account as described in paragraph (C) of this rule; or

(c) When paragraphs (B)(3)(a) and (B)(3)(b) of this rule are not possible, the obligor presents evidence to the CSEA sufficient to establish that either:

(i) The obligor is unable to work due to circumstances beyond the obligor's control, or

(ii) The imposition of a suspension on the individual's driver's license or commercial driver's license, motorcycle operator's license or endorsement, or temporary instruction permit or commercial driver's temporary instruction permit would effectively prevent the individual from paying child support or any arrearage due under the child support order that was in default.

(d) When paragraphs (B)(3)(a) to (B)(3)(c) of this rule are not possible, the obligor complies with a written agreement to complete a family support program administered or approved by the agency, or a program that will establish compliance with a seek work order; or

(e) When paragraphs (B)(3)(a) to (B)(3)(d) of this rule are not possible, the obligor pays the balance of the total monthly obligation due for the ninety-day period preceding the date the agency sent the pre-suspension notice.

When the obligor requests reinstatement of a license based upon paragraph (B)(3)(b) of this rule, the CSEA will proceed as follows:

(1) Upon receipt of evidence from the obligor of employment or of an account at a financial institution, the CSEA will confirm the information provided and reinstate the obligor's license as described in paragraph (B) of this rule after an income withholding has been issued to that employer or financial institution.

(2) When information previously provided by the obligor, which resulted in a reinstatement under paragraph (B)(3)(b) of this rule did not result in a payment being received from that payor, any subsequent reinstatement requests based upon paragraph (B)(3)(b) of this rule will only be granted once a payment has been received via withholding from the payor.

(3) When the CSEA determines that an obligor has a history of frequently changing employment or financial institution accounts, a reinstatement request based upon paragraph (B)(3)(b) of this rule will only be granted once one full month's obligation has been received via withholding from the provided payor.

(D) When the CSEA submits an individual in error to a licensing entity for the suspension or refusal of or denial to renew a license, the CSEA will immediately issue an electronic notice through SETS or, when an electronic notice is not available, a JFS 04038, "Notice of Correction of a License Suspension" (effective or revised effective date as identified in rule 5101:12-55-99 of the Administrative Code), to the licensing entity to which it sent the JFS 04041.

Last updated June 2, 2025 at 8:00 AM

History

Effective: June 1, 2025
Promulgated Under: 119.03

Ohio Adm.Code 5101:12-55-25.2 Driver's license abstract.

(A) This rule describes the process and criterion a child support enforcement agency (CSEA) shall use to direct the registrar of motor vehicles to eliminate from the abstract maintained by the bureau of motor vehicles (BMV) any reference of a previous license suspension.

(B) When the CSEA receives a request from an obligor whose license has been reinstated to have a child support related license suspension reference expunged from the obligor's drivers abstract, the CSEA shall determine the obligor's eligibility. For an obligor to be eligible to have the license abstract expunged the following must apply:

(1) The obligor has provided the CSEA with a current copy of the individualized, computer system generated BMV 2006, "Notification/Reinstatement Requirement", and the notice does not list any outstanding reinstatement balance due for the associated child support suspension(s); and

(2) The obligor meets one of the following criterion:

(a) The child support order has been terminated, and the obligor has paid the case to a zero balance; or

(b) The obligor is in compliance with the child support obligation, and obligor has made full payments for at least six months prior to the month in which the obligor requests expungement; or

(c) The obligor is making full ordered montly child support obligation payments and has provided the CSEA with evidence that the license suspension referenced on the abstract has limited or hindered the obligor's employability.

(C) When the CSEA has determined that an obligor has met the criteria to have the abstract expunged, the CSEA shall send an electronic notice through the support enforcement tracking system (SETS) or, when an electronic notice is not available, a JFS 04016, "Notice to Expunge a Driver's Abstract" (effective or revised effective date as identified in rule 5101:12-55-99 of the Administrative Code), to the BMV within seven days.

Last updated May 21, 2025 at 9:56 AM

History

Effective: August 1, 2017
Promulgated Under: 119.03

Ohio Adm.Code 5101:12-55-26 Suspension and reinstatement of license to practice law.

(A) In accordance with division (B) of section 4705.021 of the Revised Code, a child support enforcement agency (CSEA) may, as an enforcement technique, refer an obligor under a child support order who is licensed to practice law in the state of Ohio to the Ohio supreme court for suspension of a license to practice law.

(B) The CSEA may elect to submit an obligor to the Ohio supreme court to suspend, refuse, or deny to renew a license to practice law when:

(1) A court or agency has determined that an individual has failed to comply with a warrant or subpoena issued by a court or agency with respect to a proceeding to enforce a child support order, and the CSEA has issued a pre-suspension notice as outlined in paragraph (C) of this rule at least ten days prior to submission of an obligor to a licensing entity; or

(2) At least a ninety-day period has elapsed since a final and enforceable determination of default has been made and a JFS 04049, "Notice to Obligor of Default and Potential Action" (effective or revised effective date as identified in rule 5101:12-55-99 of the Administrative Code), has been issued to the obligor. Unless the obligor files a mistake of fact objection to the JFS 04049, the CSEA shall count at least ninety days from the most recent issuance of the JFS 04049. If the obligor objects, default is considered final and enforceable on the date established in a CSEA mistake of fact determination under section 3123.04 of the Revised Code or the court mistake of fact determination under section 3123.05 of the Revised Code. If the agency or court mistake of fact determination is silent as to the date of default, the CSEA shall use the date of issuance of the JFS 04049. Additionally, the CSEA shall have issued a pre-suspension notice as outlined in paragraph (C) of this rule at least ten days prior to submission of an obligor to a licensing entity.

(C) The CSEA shall only send a pre-suspension notice when the CSEA determines that in the ninety-day period preceding a decision to issue a pre-suspension notice, the obligor has paid less than fifty per cent of the total monthly ordered obligation due for that ninety-day period, excluding any state or federal tax offset amounts received during that ninety-day period. A "ninety-day period" includes the three full months preceding the month in which the CSEA is considering sending the pre-suspension notice.

When the CSEA elects to refer an obligor for the suspension of a license to practice law, the CSEA shall send to the obligor's last known address by ordinary, first class mail a JFS 07230, "Advance Notice to Suspend License to Practice Law" (effective or revised effective date as identified in rule 5101:12-55-99 of the Administrative Code).

(D) When the CSEA elects to proceed with the referral for suspension, the CSEA shall:

(1) Ensure that at least ten days, but no more than ninety days have elapsed since the issuance of the pre-suspension notice as described in paragraph (C) of this rule. When more than ninety days have elapsed, a new notice shall be sent to the obligor if the CSEA still intends to submit an obligor for suspension; and

(2) Send to the secretary of the board of commissioners on grievances and discipline of the supreme court and to either the disciplinary counsel or the president, secretary, and chairperson of each certified grievance committee the following:

(a) A notice listing the name and social security number or other identification number of the obligor and requesting the suspension of the obligor's license to practice law; and

(b) A certified copy of the court or agency determination of default.

(E) License reinstatement

(1) The CSEA shall send a JFS 04042, "Notice to Reinstate/Reissue a License" (effective or revised effective date as identified in rule 5101:12-55-99 of the Administrative Code), to the secretary of the board of commissioners on grievances and discipline of the supreme court and to either the disciplinary counsel or the president, secretary, and chairperson of each certified grievance committee to which it sent a notice described in paragraph (C) of this rule, within seven days of one of the following:

(a) There has been a determination that the obligor is no longer in default; or

(b) The court or CSEA that issued a warrant or subpoena removes the warrant or determines that the obligor has complied with the subpoena in accordance with section 3123.46 of the Revised Code; or

(i) The obligor pays the full arrears balance owed as of the date of the payment; or

(ii) When paragraph (E)(1)(c)(i) of this rule is not possible, the obligor presents evidence of employment or a financial institution account and the agency has confirmed said employment or financial institution account as described in paragraph (E)(2) of this rule; or

(iii) When paragraphs (E)(1)(c)(i) and (E)(1)(c)(ii) of this rule are not possible, the obligor presents evidence that the obligor is unable to work due to circumstances beyond the obligor's control and it is accepted as such by the agency; or

(iv) When paragraphs (E)(1)(c)(i) to (E)(1)(c)(iii) of this rule are not possible, the obligor complies with a written agreement to complete a family support program administered or approved by the agency, or a program that will establish compliance with a seek work order; or

(v) When paragraphs (E)(1)(c)(i) to (E)(1)(c)(iv) of this rule are not possible, the individual pays the balance of the total monthly obligation due for the ninety-day period preceding the date the agency sent the pre-suspension notice.

When the court made the determination of default, the CSEA shall include with the electronic notice or JFS 04042 a certified copy of the judgment entry reversing the determination of default.

(2) Confirming employment status or financial institution account information.

When the obligor requests reinstatement of a license based upon paragraph (E)(1)(c)(ii) of this rule, the CSEA shall proceed as follows:

(a) Upon receipt of evidence from the obligor of employment or of an account at a financial institution, the CSEA shall confirm the information provided and reinstate the obligor's license as described in paragraph (E) of this rule after an income withholding has been issued to that employer or financial institution.

(b) When information previously provided by the obligor, which resulted in a reinstatement under paragraph (E)(1)(c)(ii) of this rule did not result in a payment being received from that payor, any subsequent reinstatement requests based upon paragraph (E)(1)(c)(ii) of this rule shall only be granted once a payment has been received via withholding from the payor.

(c) When the CSEA determines that an obligor has a history of frequently changing employment or financial institution accounts, a reinstatement request based upon paragraph (E)(1)(c)(ii) of this rule shall only be granted once one full month's obligation has been received via withholding from the provided payor.

(3) When the CSEA determines that the referral for the suspension of a license to practice law was issued in error, the CSEA shall immediately issue a JFS 04038, "Notice of Correction of a License Suspension" (effective or revised effective date as identified in rule 5101:12-55-99 of the Administrative Code), to the secretary of the board of commissioners on grievances and discipline of the supreme court and to either the disciplinary counsel or the president, secretary, and chairperson of each certified grievance committee.

(F) The CSEA shall describe the procedures used to submit an obligor to the Ohio supreme court to suspend, refuse, or deny to renew a license to practice law and to reinstate a license to practice law in the CSEA's procedural manual.

Last updated May 1, 2023 at 8:56 AM

History

Effective: May 1, 2023
Promulgated Under: 119.03

Ohio Adm.Code 5101:12-55-30.1 State lottery, casino, and sports gaming data match and withholding.

(A) In accordance with sections 3123.89 and 3123.90 of the Revised Code, a real time data match program has been implemented by the office of child support (OCS) within the Ohio department of job and family services (ODJFS) and the state lottery commission, each casino operator or management company, and with each sports gaming proprietor, for the purpose of identifying whether a person entitled to a lottery prize award, casino or sports gaming winnings, is an obligor subject to a final and enforceable determination of default made under sections 3123.01 to 3123.07 of the Revised Code.

(B) The state lottery commission has implemented a process to submit identifying information regarding a person whose lottery prize award, casino or sports gaming winnings meets or exceeds the reportable winnings amounts set by 26 U.S.C. 6041 (2011), or a subsequent analogous section of the Internal Revenue Code, to the data match program described in paragraph (A) of this rule.

(C) ODJFS will determine whether the information provided by the state lottery commission, the casino operator or management company, and each sports gaming proprietor matches an obligor in default of their support obligation. Upon completion of the match process ODJFS shall:

(1) Return to the state lottery commission, the casino operator or management company, or each sports gaming proprietor the total arrearage balance up to the amount of the winnings if the person is determined to be an obligor in default; or

(2) Return to the state lottery commission, the casino operator or management company, or each sports gaming proprietor a response indicating the person is not determined to be an obligor in default.

(D) The state lottery commission, the casino operator or management company, or each sports gaming proprietor will withhold an amount sufficient to satisfy any past due support owed by an obligor from the lottery prize award, casino or sports gaming winnings owed to the obligor up to the amount of the award.

(E) The state lottery commission shall transmit to ODJFS weekly any amount withheld from a lottery prize awarded in the previous week.

(F) The casino operator, management company, or sports gaming proprietor will transmit to ODJFS, no later than fourteen days, any award amount withheld as a payment on the support obligation.

Last updated March 6, 2025 at 12:59 PM

History

Effective: January 1, 2023
Promulgated Under: 119.03

Ohio Adm.Code 5101:12-55-40 Insurance claim intercept.

(A) This rule describes the insurance claim intercept program that a child support enforcement agency (CSEA) shall use to intercept insurance claims, settlements, or awards to be paid to an obligor on a IV-D case by an insurer, in accordance with sections 3123.23 and 3121.03 of the Revised Code.

(B) Claim, settlement, or award notification.

(1) Upon notice or discovery of the existence of an insurance claim, settlement, or award for an obligor in default in accordance with section 3123.06 of the Revised Code, the CSEA shall issue to the insurer a JFS 04047, "Income Withholding for Support" (effective or revised effective date as identified in rule 5101:12-50-99 of the Administrative Code), in accordance with section 3121.03 of the Revised Code.

(2) In the event that an insurer notifies the CSEA of the existence of a lump sum payment as described in the JFS 04047 the CSEA shall proceed in accordance with rule 5101:12-50-12 of the Administrative Code.

(C) The CSEA shall document case actions to pursue collections, or determinations not to pursue collections, in accordance with rule 5101:12-10-05 of the Administrative Code. In addition to documentation in the case record, the CSEA shall also document on the insurance match vendor's secure website the issuance of a JFS 04047 and if applicable the issuance of a lump sum order.

(D) Insurer immunity.

(1) Pursuant to section 3123.23 of the Revised Code, any insurer and any director, agent, or employee authorized to act on behalf of an insurer, that releases information or makes a disclosure in accordance with this rule, shall be immune from liability in a civil action for harm resulting from the disclosure.

(2) In accordance with section 3121.21 of the Revised Code, a payor shall not be subject to criminal or civil liability for compliance with a withholding or deduction notice.

Last updated August 1, 2023 at 8:32 AM

History

Effective: August 1, 2023
Promulgated Under: 119.03

Ohio Adm.Code 5101:12-55-99 Chapter 5101:12-55 forms - enforcement of the support order based on finding of default.

(A) JFS 01132, "Notice of Lien" (rev. 8/2024);

(B) JFS 04016, "Notice to Expunge a Driver's Abstract" (rev. 8/2017);

(D) JFS 04038, "Notice of Correction of a License Suspension" (rev. 12/2007);

(E) JFS 04041, "Notice to Suspend Professional, Motor Vehicle Operator and Recreational License" (rev. 1/2005);

(F) JFS 04042, "Notice to Reinstate/Reissue a License" (rev. 6/2008);

(G) JFS 04046, "Financial Institution Account Withdrawal Directive For Obligors With Multiple Cases" (rev. 9/2026);

(H) JFS 04049, "Notice to Obligor of Default and Potential Action" (rev. 2/2019);

(I) JFS 04050, "Financial Institution Account Access Restriction" (rev. 9/2006);

(J) JFS 04051, "Financial Institution Account Full or Partial Release of Access Restriction" (rev. 9/2006);

(K) JFS 04052, "Notice to Person, Other than Child Support Obligor, Having Ownership Interest in an Account" (rev. 2/2019);

(L) JFS 04053, "Notice of Administrative Hearing in Regard to Account Ownership" (rev. 9/2006);

(M) JFS 04054, "Notice of Determination on Amount of Ownership" (rev. 2/2019);

(N) JFS 04055, "Financial Institution Account Withdrawal Directive" (rev. 9/2006);

(O) JFS 07006, "Discharge of Lien" (rev. 12/2005);

(P) JFS 07052, "Notice of Administrative Mistake of Fact Hearing" (rev. 2/2005);

(Q) JFS 07070, "Notice to Terminate the State Lottery Prize Award Intercept Directive" (rev. 8/2017);

(R) JFS 07071, "State Lottery Prize Award Intercept Directive" (rev. 8/2017);

(S) JFS 07083, "Notice to Obligor Regarding Default and 20% Payment on Arrears" (rev. 2/2019); and

(T) JFS 07230, "Advance Notice to Suspend License to Practice Law" (3/2012).

Last updated October 1, 2026 at 9:29 AM

History

Effective: October 1, 2026
Promulgated Under: 119.03

Chapter 5101:12-57 Medical Support Provisions

Ohio Adm.Code 5101:12-57-01 Enforcement of medical support provisions.

(A) The rules in Chapter 5101:12-57 of the Administrative Code describe the responsibility of a child support enforcement agency (CSEA) to enforce the medical support provisions that are contained in a child support order.

(B) Throughout division 5101:12 of the Administrative Code, "Consumer Credit Protection Act" means the federal wage garnishment law in accordance with 15 U.S.C. 1673(b) (11/6/1978) that limits the amount of an employee's earnings that may be garnished in any one week.

(D) Fully subsidized medicaid does not satisfy the requirement of the health insurance obligor to provide private health insurance coverage for a child under a child support order.

(E) In accordance with section 3119.43 of the Revised Code, when a health insurance obligor does not obtain the required private health insurance coverage within thirty days after the child support order or the JFS 04033, "Notice to Provide Private Health Insurance" (effective or revised effective date as identified in rule 5101:12-57-99 of the Administrative Code), is issued, the CSEA may notify the court that issued the child support order or, with respect to an administrative child support order, the court of common pleas of the county in which the CSEA is located, in writing of the failure of the health insurance obligor to comply with the child support order. The court may punish the person for contempt under Chapter 2705. of the Revised Code for the failure.

Last updated February 11, 2025 at 9:10 AM

History

Effective: June 1, 2022
Promulgated Under: 119.03

Ohio Adm.Code 5101:12-57-01.1 Enforcement of order to report private health insurance.

(A) The provisions of this rule only apply to child support orders issued or modified prior to March 28, 2019, in accordance with section 3119.30 of the Revised Code as adopted under Amended Substitute House Bill 119 of the 127th General Assembly.

(B) A child support order issued or modified pursuant to division (B)(4) of section 3119.30 of the Revised Code requires both parties to the child support order to report available private health insurance coverage to the child support enforcement agency (CSEA).

(1) When a CSEA becomes aware that private health insurance coverage for the child may be available to a party and a health insurance obligor has not been established under the child support order, the CSEA shall conduct an investigation to determine whether private health insurance coverage for the child that is reasonable in cost is available.

The CSEA shall use line 7b of the child support computation worksheet from the most recent child support order to determine reasonable cost.

(2) When the CSEA determines that private health insurance coverage for the child that is reasonable in cost is not available, the CSEA shall issue the JFS 04032, "Notice to Provide Cash Medical Support" (effective or revised effective date as identified in rule 5101:12-57-99 of the Administrative Code), to both parties, notifying the parties of the determination and that:

(a) The cash medical support obligation and the child support obligation when health insurance is not available shall continue; and

(b) Both parties have a right to request a medical support mistake of fact hearing regarding whether private health insurance coverage for the child that is accessible and reasonable in cost is available to either party.

(3) When the CSEA determines that private health insurance coverage for the child that is reasonable in cost is available, the CSEA shall:

(a) Issue the JFS 04033, "Notice to Provide Private Health Insurance" (effective or revised effective date as identified in rule 5101:12-57-99 of the Administrative Code), to both parties, notifying the parties that:

(i) The party to whom the coverage is available is now the health insurance obligor and is ordered to provide the private health insurance coverage for the child;

(ii) The current cash medical support obligation shall cease in accordance with rule 5101:12-47-01.2 of the Administrative Code and the current child support obligation shall be the amount ordered to be paid when health insurance is available; and

(iii) Both parties have a right to request a medical support mistake of fact hearing regarding whether private health insurance coverage for the child that is accessible and reasonable in cost is available to the health insurance obligor.

(b) Issue a copy of the JFS 04033 to the court when the child support order is a court order;

(d) Enforce the medical support provision to provide the private health insurance in accordance with rules 5101:12-57-10 to 5101:12-57-10.6 of the Administrative Code.

(C) A child support order issued or modified pursuant to division (B)(1), (B)(2), or (B)(3) of section 3119.30 of the Revised Code requires the health insurance obligor(s) to provide private health insurance that is reasonable in cost and both parties to report available coverage to the CSEA when the coverage is not being provided by the health insurance obligor(s) in accordance with the order.

(1) When a CSEA becomes aware that private health insurance coverage for the child is available to one of the parties and cash medical support is to be paid because coverage is not currently being provided by the health insurance obligor(s) in accordance with the order, the CSEA shall conduct an investigation.

During the investigation, the CSEA shall determine whether private health insurance coverage for the child is available to the party. The CSEA is not required to determine whether the private health insurance coverage is reasonable in cost.

(2) When the CSEA determines that private health insurance coverage for the child is available to the health insurance obligor, the CSEA shall:

(a) Issue the JFS 04031, "Notice Regarding Cash Medical Support Order" (effective or revised effective date as identified in rule 5101:12-57-99 of the Administrative Code), to both parties, notifying the parties that:

(i) The health insurance obligor is ordered to provide the private health insurance coverage for the child;

(iii) Both parties have a right to a request a medical support mistake of fact hearing regarding whether private health insurance coverage for the child that is accessible and reasonable in cost is available to the health insurance obligor(s);

(b) Issue any modified income withholding notices necessary when the cash medical support order stops; and

(c) Enforce the medical support provision to provide the private health insurance in accordance with rules 5101:12-57-10 to 5101:12-57-10.6 of the Administrative Code.

(3) When the CSEA determines that private health insurance coverage for the child is being provided by the other party, the CSEA shall document the coverage in the case record.

(4) When the CSEA determines that private health insurance coverage for the child is not available to either party, the CSEA shall document the findings in the case record and is not required to take any further action.

Last updated February 11, 2025 at 9:11 AM

History

Effective: January 15, 2020
Promulgated Under: 119.03

Ohio Adm.Code 5101:12-57-01.2 Enforcement of cash medical support obligation.

(A) The provisions of this rule only apply to child support orders issued or modified prior to March 28, 2019, in accordance with division (B)(1), (B)(2), or (B)(3) of section 3119.30 of the Revised Code as adopted under Amended Substitute House Bill 119 of the 127th General Assembly.

(B) This rule describes the requirements of the child support enforcement agency (CSEA) during any period in which an obligor is ordered to pay cash medical support because private health insurance coverage for the child as ordered is no longer available to the health insurance obligor.

(C) When a CSEA determines that private health insurance coverage for the child is no longer being provided by the health insurance obligor(s) in accordance with the order, the CSEA shall:

(1) Issue the JFS 04032, "Notice to Provide Cash Medical Support" (effective or revised effective date as identified in rule 5101:12-57-99 of the Administrative Code), to both parties of the child support order, notifying the parties that:

(a) The obligor shall pay the current cash medical support obligation and the current child support obligation ordered to be paid when health insurance is not available;

(b) When private health insurance is available to either party, the party to whom the coverage is available is required to immediately inform the CSEA of the coverage; and

(c) Both parties have a right to request a medical support mistake of fact hearing regarding whether private health insurance coverage for the child that is accessible and reasonable in cost is available to the health insurance obligor(s); and

(2) Issue any modified income withholding or deduction notices necessary.

Last updated February 11, 2025 at 9:11 AM

History

Effective: January 15, 2020
Promulgated Under: 119.03

Ohio Adm.Code 5101:12-57-08 Medical support mistake of fact hearing process.

(A) This rule describes the medical support mistake of fact hearing process which is only available to an individual whose child support order was issued or modified prior to March 28, 2019, in accordance with section 3119.30 of the Revised Code as adopted under Amended Substitute House Bill 119 of the 127th General Assembly.

(B) An obligor or obligee may submit a request for a medical support mistake of fact hearing to contest the child support enforcement agency's (CSEA) determination regarding whether private health insurance coverage that is accessible and reasonable in cost is available to:

(1) The health insurance obligor(s); or

(2) Either party to the child support order, when a health insurance obligor has not been identified.

(C) The party must file the request for the medical support mistake of fact hearing with the CSEA within fourteen days of the date that the CSEA issues either a:

(1) JFS 04031, "Notice Regarding Cash Medical Support Order" (effective or revised effective date as identified in rule 5101:12-57-99 of the Administrative Code);

(2) JFS 04032, "Notice to Provide Cash Medical Support" (effective or revised effective date as identified in rule 5101:12-57-99 of the Administrative Code); or

(3) JFS 04033, "Notice To Provide Private Health Insurance" (effective or revised effective date as identified in rule 5101:12-57-99 of the Administrative Code).

(D) Upon scheduling the medical support mistake of fact hearing the CSEA shall:

(1) Ensure the medical support mistake of fact hearing to be held on a date that is no later than ten days after the date the request was received; and

(2) Issue a JFS 07053, "Notice of Medical Support Mistake of Fact Hearing" (effective or revised effective date as identified in rule 5101:12-57-99 of the Administrative Code), to both parties no later than five days before the date that the medical support mistake of fact hearing is scheduled to be conducted.

(E) The CSEA shall issue a JFS 07058, "Medical Support Mistake of Fact Hearing Determination" (effective or revised effective date as identified in rule 5101:12-57-99 of the Administrative Code), to the requesting party when denying a medical support mistake of fact hearing within fourteen days of the date that the request was filed with the CSEA.

A CSEA may deny a request for a medical support mistake of fact hearing when:

(1) The request is not timely filed.

(2) The request is for a reason other than to contest whether:

(a) Private health insurance that is accessible and reasonable in cost is or is not being provided in accordance with the order, when at least one of the parties has been identified as the health insurance obligor; or

(b) Private health insurance that is accessible and reasonable in cost is or is not available to either party, when neither party has been identified as the health insurance obligor.

(3) The request is not submitted by the obligor, the obligor's representative, or the obligee or the obligee's representative.

(F) No later than the scheduled date of the medical support mistake of fact hearing, the parties may provide the CSEA with any evidence or relevant information necessary for the CSEA to properly review whether private health insurance coverage that is accessible and reasonable in cost is available to:

(1) The health insurance obligor(s); or

(2) Either party, when a health insurance obligor has not been identified.

(G) At the medical support mistake of fact hearing, the CSEA shall:

(1) Review the information that led to the issuance of the JFS 04031, JFS 04032, or JFS 04033;

(2) Consider any testimony or evidence submitted by either party or received independently from another source that is relevant to the issues to be addressed; and

(3) Determine whether private health insurance coverage that is accessible and reasonable in cost is available to:

(a) The health insurance obligor(s); or

(b) Either party, when a health insurance obligor has not been identified.

(H) No later than fourteen days from the date of the medical support mistake of fact hearing, the CSEA shall:

(1) Issue a JFS 07058 to both parties.

(2) Record the results of the medical support mistake of fact hearing in and make any necessary changes to the support enforcement tracking system based on the results of the hearing.

(I) Each party has the right to file for a court hearing to object to the determination made by the CSEA within fourteen days of the date that the CSEA issues the JFS 07058.

Last updated February 11, 2025 at 9:11 AM

History

Effective: January 15, 2020
Promulgated Under: 119.03

Ohio Adm.Code 5101:12-57-10 National medical support notice.

(A) The OMB 0970-0222, "National Medical Support Notice" (as referenced in rule 5101:12-57-99 of the Administrative Code), (NMSN) requires the enrollment in health insurance of the child subject to the child support order and the deduction of premiums for the cost of the health insurance, when available.

(B) The NMSN contains instructions and two parts (hereinafter referred to as "Part A" and "Part B").

(1) Part A includes:

(a) The notice to withhold for health care coverage, which is completed by the child support enforcement agency (CSEA); and

(b) The employer's response, which is completed by the employer.

(2) Part B includes:

(a) The medical support notice to the plan administrator, which is forwarded to the health plan administrator; and

(b) The plan administrator's response, which is completed by the health plan administrator.

(C) In accordance with sections 3119.33 and 3119.34 of the Revised Code and except when excluded as described in paragraph (E) of this rule, the CSEA shall issue the NMSN to the employer of the health insurance obligor. The CSEA shall issue the NMSN not later than the business day after receipt of a new hire match from the national directory of new hires (NDNH) for the health insurance obligor. In addition, the CSEA shall issue the NMSN as a result of the discovery of new employment for the health insurance obligor by the CSEA through a source other than the NDNH.

(D) In accordance with section 3119.35 of the Revised Code, at the same time the CSEA issues the NMSN, the CSEA shall issue:

(1) The JFS 03377, "Employer/Health Plan Administrator Health Insurance Verification Request" (effective or revised effective date as identified in rule 5101:12-57-99 of the Administrative Code), to the employer; and

(2) The JFS 04036, "Notice of Medical Support Enforcement Activity" (effective or revised effective date as identified in rule 5101:12-57-99 of the Administrative Code), to the health insurance obligor. When the CSEA does not have a valid address for the health insurance obligor, the CSEA shall mail the JFS 04036 to the address of the employer.

(E) The CSEA is not to issue the NMSN when:

(1) The CSEA has determined the health insurance obligor is an active member of the military.

(a) The CSEA will verify the child's enrollment status through the defense enrollment eligibility reporting system and document the information and the source of the information in the case record.

(b) When the eligible child is not enrolled in the health plan, the CSEA will notify the custodial parent of the need to take the child to a military rapid center for enrollment in the health plan; or

(2) The CSEA has determined that the underlying medical support provision to obtain health care coverage for the child authorizes public health care coverage, and such coverage is in effect, as ordered.

(3) The health insurance obligor is also the child support obligor and the case is an initiating interstate case.

Last updated June 1, 2022 at 8:24 AM

History

Effective: June 1, 2022
Promulgated Under: 119.03

Ohio Adm.Code 5101:12-57-10.1 Responsibility of employer.

(A) In accordance with section 3119.36 of the Revised Code, upon receipt of the OMB 0970-0222, "National Medical Support Notice" (as referenced in rule 5101:12-57-99 of the Administrative Code), (NMSN) and the JFS 03377, "Employer/Health Plan Administrator Health Insurance Verification Request" (effective or revised effective date as identified in rule 5101:12-57-99 of the Administrative Code), the employer is required, not later than twenty business days after the date of the NMSN, to do one of the following:

(1) When the person named in the NMSN is a current employee and the person and the child listed on the NMSN are already enrolled in health insurance coverage through the employer, complete and return the JFS 03377 to the CSEA.

(2) When the person named in the NMSN is a current employee and health insurance coverage of the child is available through the employer, send part B of the NMSN and the JFS 03377 to the health plan administrator.

(3) Complete and return part A of the NMSN to the CSEA.

(B) In accordance with sections 3119.362 and 3119.364 of the Revised Code, an employer who receives an NMSN is required to:

(1) Upon written request from the other parent, any person subject to the order, or the CSEA, release to the requestor all information about the employee's health insurance coverage, which may include the name and address of the health plan administrator and any policy, contract or plan number; and

(2) Notify the CSEA of any change in or the termination of the health insurance coverage that is maintained pursuant to the NMSN.

Last updated June 1, 2022 at 8:24 AM

History

Effective: June 1, 2022
Promulgated Under: 119.03

Ohio Adm.Code 5101:12-57-10.2 Responsibility of health plan administrator.

(A) In accordance with section 3119.37 of the Revised Code, upon receipt of the OMB 0970-0222, "National Medical Support Notice" (as referenced in rule 5101:12-57-99 of the Administrative Code), (NMSN) and the JFS 03377, "Employer/Health Plan Administrator Health Insurance Verification Request" (effective or revised effective date as identified in rule 5101:12-57-99 of the Administrative Code), the health plan administrator is required to:

(1) Complete and return part B of the NMSN to the child support enforcement agency (CSEA) within forty business days of the date of the NMSN; and

(2) Comply with the enrollment requirements in accordance with the instructions contained in the NMSN.

(B) When there is more than one health coverage option available under the plan and the health insurance obligor is not enrolled in any of the options:

(1) The health plan administrator is required to attach to part B copies of applicable summary plan descriptions or other documents that describe available coverage, including the additional participant contribution necessary to obtain coverage for the child under each option and whether there is a limited service area for any option.

(2) When the health plan has a default option and the CSEA fails to notify the health plan administrator of the health coverage selection within twenty business days, the health plan administrator is required to enroll the child in the health plan's default option.

(C) After the child has been enrolled in a health plan option, the health plan administrator is required to complete and return the JFS 03377 to the CSEA.

(D) In accordance with section 3119.422 of the Revised Code, nothing in rule 5101:12-47-01, 5101:12-57-01, or 5101:12-57-10 to 5101:12-57-10.6 of the Administrative Code shall be construed to require the health plan administrator to accept for enrollment any child who does not meet the underwriting standards of the health insurance or health care policy, contract, or plan for which application is made.

Last updated June 1, 2022 at 8:24 AM

History

Effective: June 1, 2022
Promulgated Under: 119.03

Ohio Adm.Code 5101:12-57-10.3 Selecting a health plan option.

(A) When the child support enforcement agency (CSEA) receives from the health plan administrator part B of the OMB 0970-0222, "National Medical Support Notice" (as referenced in rule 5101:12-57-99 of the Administrative Code), (NMSN) and information on health plan options, the CSEA shall:

(1) Issue the JFS 04035, "Notice of Available Health Plan Options" (effective or revised effective date as identified in rule 5101:12-57-99 of the Administrative Code), to the custodial parent or caretaker of the child; and

(2) Attach to the JFS 04035 all information regarding health plan options received from the health plan administrator.

(B) Within five days from the issuance date on the JFS 04035, the custodial parent or caretaker of the child is required to return to the CSEA the portion of the JFS 04035 documenting the health plan option selected by the custodial parent or caretaker of the child.

(C) Within twenty business days from the date the health plan administrator sends part B of the NMSN to the CSEA, the CSEA shall issue the JFS 04034, "Notice of Selection of Health Plan Option" (effective or revised effective date as identified in rule 5101:12-57-99 of the Administrative Code), to the health plan administrator and issue a copy to the custodial parent or caretaker of the child.

(D) When the health plan does not have a default option and the CSEA fails to notify the health plan administrator of the health care selection within twenty business days, the CSEA retains responsibility for selecting a health plan option for the child.

Last updated June 1, 2022 at 8:24 AM

History

Effective: June 1, 2022
Promulgated Under: 119.03

Ohio Adm.Code 5101:12-57-10.4 Administrative mistake of fact hearing regarding the national medical support notice.

(A) In accordance with section 3119.39 of the Revised Code, when a JFS 04036, "Notice of Medical Support Enforcement Activity" (effective or revised effective date as identified in rule 5101:12-57-99 of the Administrative Code), is issued and the health insurance obligor fails to make a timely request for an administrative hearing, the JFS 04036 becomes a final and enforceable determination of the child support enforcement agency (CSEA) that issued the JFS 04036.

(B) A health insurance obligor who receives an OMB 0970-0222, "National Medical Support Notice" (as referenced in rule 5101:12-57-99 of the Administrative Code) (NMSN), or a JFS 04036 may request an administrative mistake of fact hearing for any of the following reasons:

(1) Error in the identity of the parties to the support order listed on the NMSN;

(2) Error in the identity of one or more of the children listed on the NMSN;

(3) The child support order authorizes the provision of health insurance coverage through an alternative group policy, contract, or plan and alternative coverage is in effect;

(4) The coverage identified in the NMSN is not consistent with the medical support provision in the child support order, this includes assertions that the insurance is not reasonable in cost or that primary care services are not accessible; or

(5) The child support order authorizes the provision of health care coverage through public health care and such coverage is in effect, as ordered.

(C) In accordance with section 3119.38 of the Revised Code, the health insurance obligor must file a written request for an administrative mistake of fact hearing with the CSEA that issued the notice not later than fourteen days after the date on which the JFS 04036 is issued.

(D) In accordance with section 3119.38 of the Revised Code, when the health insurance obligor makes a timely request for an administrative mistake of fact hearing, the CSEA shall:

(1) Conduct an administrative mistake of fact hearing not later than ten days after the date on which the health insurance obligor files the request for the administrative mistake of fact hearing; and

(2) Issue the JFS 03399, "Notice of Administrative Mistake of Fact Hearing" (effective or revised effective date as identified in rule 5101:12-57-99 of the Administrative Code), to the health insurance obligor and any other individual the CSEA determines appropriate not later than five days before the date on which the administrative mistake of fact hearing is to be conducted.

(E) In accordance with section 3119.41 of the Revised Code, when an administrative mistake of fact process is pending, the employer is required to continue the withholding of amounts for health insurance pursuant to the NMSN.

(F) In accordance with section 3119.38 of the Revised Code, at the administrative hearing, the CSEA shall determine whether there is a mistake of fact in the NMSN.

(G) After the hearing has been held, the CSEA shall issue the JFS 04037, "Medical Support Enforcement Administrative Mistake of Fact Hearing Decision" (effective or revised effective date as identified in rule 5101:12-57-99 of the Administrative Code), to the health insurance obligor. When the health insurance obligor is the non-custodial parent, the CSEA shall send a copy of the JFS 04037 to the custodial parent.

(H) In accordance with section 3119.41 of the Revised Code:

(1) When the CSEA determines that no mistake of fact exists, the NMSN shall remain in effect.

(2) When the CSEA determines that a mistake of fact does exist, the CSEA shall take whatever action is necessary regarding the NMSN which may include issuing a corrected NMSN or terminating the NMSN in accordance with rule 5101:12-57-10.6 of the Administrative Code.

(I) When an administrative mistake of fact hearing determines that the person named as the health insurance obligor was named in error and premiums have been deducted, the CSEA shall not address the matter of reimbursement in the decision.

(J) In accordance with section 3119.38 of the Revised Code, the administrative mistake of fact hearing determination is final unless, within fourteen days after the CSEA issues the JFS 04037, the health insurance obligor files a written motion with the court of jurisdiction in the county in which the support order is administered for a hearing to determine whether there is still a mistake of fact in the NMSN.

Last updated June 1, 2022 at 8:25 AM

History

Effective: June 1, 2022
Promulgated Under: 119.03

Ohio Adm.Code 5101:12-57-10.5 Court mistake of fact hearing regarding the national medical support notice.

(A) When the health insurance obligor files a timely, written motion for a court hearing, the court is required by section 3119.40 of the Revised Code to:

(1) Send to the health insurance obligor and to any other individual the child support enforcement agency (CSEA) determines appropriate written notice by regular mail of the date, time, place, and purpose of the hearing not later than five days before the date the court hearing is to be held;

(2) Hold the hearing as soon as possible, but not later than ten days after the motion is filed; and

(3) Limit the hearing to determining whether there is a mistake of fact in the OMB 0970-0222, "National Medical Support Notice" (as referenced in rule 5101:12-57-99 of the Administrative Code) (NMSN).

(B) In accordance with section 3119.41 of the Revised Code, when a court mistake of fact process is pending, the employer is required to continue the withholding of amounts for health insurance pursuant to the NMSN.

(C) In accordance with section 3119.40 of the Revised Code, the court is required to determine on conclusion of the hearing whether there is a mistake of fact in the NMSN. The court's determination is final.

(D) In accordance with section 3119.41 of the Revised Code:

(1) When the court determines that no mistake of fact exists in the NMSN, the NMSN shall remain in effect.

(2) When the court determines that a mistake of fact does exist in the NMSN, the court is required to take whatever action is necessary regarding the NMSN, which may include correcting or terminating the NMSN.

(E) When the court mistake of fact hearing determines that the person named as the health insurance obligor was named in error, premiums have been deducted, and the court does not address the decision for reimbursement, the decision for reimbursement is the responsibility of the employer and the insurance company health plan administrator.

Last updated October 12, 2023 at 11:12 AM

History

Effective: January 15, 2017
Promulgated Under: 119.03

Ohio Adm.Code 5101:12-57-10.6 Terminating the national medical support notice.

(A) A child support enforcement agency (CSEA) shall issue the JFS 04098, "Notice Regarding National Medical Support Notice Withholding Requirements" (effective or revised effective date as identified in rule 5101:12-57-99 of the Administrative Code), when:

(1) The health insurance obligor is no longer responsible for the medical support provision to provide health insurance coverage for the child or there is no longer a current order with medical support provisions in effect;

(2) The person identified on the OMB 0970-0222, "National Medical Support Notice" (as referenced in rule 5101:12-57-99 of the Administrative Code), as the health insurance obligor has provided verification to the CSEA that the person is not subject to the medical support provision to provide health insurance coverage for the child;

(3) As the result of a medical support mistake of fact hearing, the CSEA has determined that the health insurance is not accessible or reasonable in cost;

(4) Health insurance coverage is provided through a source other than the health insurance obligor's employer and:

(a) The underlying medical support provision to provide health insurance coverage for the child authorizes alternative health care coverage; and

(b) The health insurance obligor provides verification to the CSEA that the alternative coverage is currently in effect; or

(5) The underlying medical support provision to obtain health care coverage for the child authorizes public health care coverage, and such coverage is in effect.

(B) The CSEA may issue the JFS 04098 when the OMB 0970-0222 is sent to the employer within sixty days of issuance of a court or administrative order and the insurance identified at the hearing was available to the health insurance obligor through a group plan or policy and was determined at that time to be not reasonable in cost.

Last updated October 12, 2023 at 11:12 AM

History

Effective: January 15, 2020
Promulgated Under: 119.03

Ohio Adm.Code 5101:12-57-99 Chapter 5101:12-57 forms - enforcement of medical support provisions.

(A) JFS 03377, "Employer/Health Plan Administrator Health Insurance Verification Request" (rev. 1/2015);

(B) JFS 03399, "Notice of Administrative Mistake of Fact Hearing" (rev. 10/2019);

(D) JFS 04032, "Notice to Provide Cash Medical Support"(rev. 5/2025);

(E) JFS 04033, "Notice to Provide Private Health Insurance"(rev. 5/2025);

(F) JFS 04034, "Notice of Selection of Health Plan Option" (rev. 1/2015);

(G) JFS 04035, "Notice of Available Health Plan Options" (rev. 4/2022);

(H) JFS 04036, "Notice of Medical Support Enforcement Activity" (rev. 10/2019);

(I) JFS 04037, "Medical Support Enforcement Administrative Mistake of Fact Hearing Decision" (rev. 10/2019);

(J) JFS 04098, "Notice Regarding National Medical Support Notice Withholding Requirements" (rev. 1/2015);

(K) JFS 07053, "Notice of Medical Support Mistake of Fact Hearing" (rev. 5/2025);

(L) JFS 07058, "Medical Support Mistake of Fact Hearing Determination" (rev. 5/2025); and

(M) OMB 0970-0222, "National Medical Support Notice" (NMSN) (www.acf.hhs.gov/css).

Last updated June 29, 2025 at 10:09 PM

History

Effective: June 1, 2025
Promulgated Under: 119.03

Chapter 5101:12-60 Review and Adjustment of Title IV-D Support Orders

Ohio Adm.Code 5101:12-60-05 Administrative review and adjustment process.

(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;

(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.

(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.

Last updated December 11, 2024 at 11:56 AM

History

Effective: January 15, 2020
Promulgated Under: 119.03

Ohio Adm.Code 5101:12-60-05.1 Initiation of an administrative review.

(A) Every thirty-six months after the date of the most recent child support order, the child support enforcement agency (CSEA) with administrative responsibility will initiate an administrative review of the order in which the child is currently receiving Ohio works first benefits. Unless a court has determined that an administrative review of the order is not in the best interest of the child, the CSEA will 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 will 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 will proceed in accordance with this rule.

(2) When neither the caretaker nor the other party wants an administrative review, the CSEA is not to proceed with the administrative review.

(B) The CSEA will immediately initiate an administrative review :

(1) Upon discovery that a child support order does not include a 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;

(2) When the child support order was most recently issued or modified more than thirty-six months prior to a determination pursuant to section 3119.955 of the Revised Code that a reason exists to redirect the child support order; or

(3) When the child support order was most recently issued or modified less than thirty-six months prior to a determination pursuant to section 3119.955 of the Revised Code that a reason exists to redirect the child support order and the CSEA is unable to determine each parent's obligation that would be subject to redirection.

(C) The CSEA may initiate an administrative review 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 will 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 will 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 will 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 paragraph.

(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 will 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 will 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 will 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 will 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 or redirected for one or more children and a support obligation still exists for a 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 complies with the guidelines.

(10) Any party requests access to available or improved health care coverage for the child. The requesting party will 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 will 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 will 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 will 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 will 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 will provide a JFS 01849 to a party requesting an administrative review within three business days of the request.

(G) The CSEA is not 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.

Last updated April 1, 2025 at 8:21 AM

History

Effective: April 1, 2025
Promulgated Under: 119.03

Ohio Adm.Code 5101:12-60-05.2 Initiation of temporary adjustment for certain military members.

(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) will 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 will 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 will 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 will consider the obligor's call to active military service as a change of circumstances substantial enough for 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 will 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 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 will provide to the CSEA written notice of the date of termination of active military service. The notice will 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 will 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 will 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 will:

(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 April 1, 2025 at 8:22 AM

History

Effective: April 1, 2025
Promulgated Under: 119.03

Ohio Adm.Code 5101:12-60-05.3 The administrative review.

(A) A child support enforcement agency (CSEA) will make a determination when an administrative review may be necessary 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 has determined that an administrative review is necessary, the CSEA will initiate action to review the child support order in accordance with rules 5101:12-1-17 and 5101:12-45-10 of the Administrative Code.

(B) The CSEA will conduct an administrative review when:

(1) An administrative review is necessary 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.

(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 will 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 will 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 will 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 will complete the evaluation and make a determination of whether an administrative review is 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 completed 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 necessary 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 will 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 will:

(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 will:

(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 necessary 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.

(3) When the parents wish to conduct the administrative review sooner than the thirty day time period and the CSEA has sufficient information to proceed with an administrative review, both parents will complete a waiver and submit the waiver to the CSEA. Upon receipt of the completed waivers, the CSEA will 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 will occur on the date certain.

(4) It is not necessary for any party to be present at the administrative review.

Last updated April 1, 2025 at 8:22 AM

History

Effective: April 1, 2025
Promulgated Under: 119.03

Ohio Adm.Code 5101:12-60-05.4 Calculation and recommendation of a revised order for child and medical support.

(A) On the date the administrative review is conducted, the child support enforcement agency (CSEA) will 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 will 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 CSEA will not dismiss the administrative review on or after the date certain, unless a reason exists in paragraph (D)(3)(a) of this rule.

(B) When a CSEA conducts a review of a current order, the CSEA will 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 will 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 will 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 will 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 will not mail the JFS 07724 to the parties. The CSEA will 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 will 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 will 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 will issue the JFS 07724 to the parties by ordinary mail.

(3) When the CSEA issues findings and recommendations to redirect the child support order in accordance with rule 5101:12-60-60.1 of the Administrative Code, and the CSEA initiates an administrative review in accordance with paragraph (B) of rule 5101:12-60-05.1 of the Administrative Code, the CSEA will not mail the JFS 07724 to the parties if an objection to the CSEA's findings and recommendations to redirect the child support order is filed and pending review by the court. The CSEA will issue the JFS 01866 to the parties and await a final determination by the court;

(a) When the court order denies the redirection or changes the child support obligation amounts, the CSEA will dismiss the administrative review and issue a notice of the dismissal to the parties; or

(b) When the court order affirms the redirection and does not change the child support obligation amounts, the CSEA will issue the JFS 07724 to the parties within three business days after the court issues the final order.

(E) When no party timely objects to the JFS 07724, the CSEA will, within five days:

(1) Submit the JFS 07724 to the court when the child support order is a court child support 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 will incorporate the administrative recommendations in the JFS 07719 and will 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 will be subject to the withholding or other deduction notices or orders described in section 3121.03 of the Revised Code.

Last updated December 11, 2024 at 11:56 AM

History

Effective: April 3, 2024
Promulgated Under: 119.03

Ohio Adm.Code 5101:12-60-05.5 Notice of hearing rights.

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) will submit the JFS 07724 to the court for inclusion in a revised court support order unless any 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 will 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 will 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 April 1, 2025 at 8:22 AM

History

Effective: April 1, 2025
Promulgated Under: 119.03

Ohio Adm.Code 5101:12-60-05.6 CSEA administrative adjustment hearing process.

(A) The child support enforcement agency (CSEA) will 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 (C) of section 3119.63 of the Revised Code, when the order is a court support order, the request will 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 will be received by the CSEA no later than fourteen days after the JFS 07724 is issued.

(C) The CSEA will 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 will 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 will be conducted by a licensed attorney or other qualified person designated by the CSEA director or administrator with significant training or experience in conducting hearings that are subject to court review (hereafter both are referred to as "designee"). The designee cannot be involved in the administrative adjustment recommendations being appealed. The designee cannot 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 will 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 will permit one request per party for postponement of the originally scheduled administrative adjustment hearing date. The request will 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 will 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 will 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 will 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 will indicate the reason(s) for the denial.

(J) At the administrative adjustment hearing, each party will 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 will 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 will 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 will 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, custodian, or caretaker of the child resides.

(N) Within fifteen days of receiving a request for or being notified of a court hearing, the CSEA will 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 will 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 will 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 April 1, 2025 at 8:22 AM

History

Effective: April 1, 2025
Promulgated Under: 119.03

Ohio Adm.Code 5101:12-60-45 Continuation of support obligation beyond the child's eighteenth birthday.

(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 September 4, 2026 at 10:25 AM

History

Effective: January 1, 2017
Promulgated Under: 119.03

Ohio Adm.Code 5101:12-60-50 Termination of support.

(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 exists. The CSEA will 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) The CSEA will initiate an administrative termination investigation to determine whether the child support order should terminate when there is an administrative termination reason. An 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:

(a) The granting of permanent custody of the child to a public children services agency (PCSA); and

(b) The termination of parental rights of the obligor through another court action; and

(c) The obligee's death, unless pursuant to section 3119.955 of the Revised Code the CSEA has determined that any reason exists for which the child support order should be redirected to a caretaker.

(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.

(D) 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.

(E) 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.

(F) 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 (C) of this rule or a termination reason utilized by the CSEA in paragraph (E) of this rule, the CSEA will not administratively terminate the child support order. Instead, the CSEA:

(1) Will 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.

(G) In accordance with section 3119.89 of the Revised Code, the CSEA will 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.

Last updated May 1, 2024 at 8:58 AM

History

Effective: May 1, 2024
Promulgated Under: 119.03

Ohio Adm.Code 5101:12-60-50.1 Administrative termination investigation, findings and recommendations, and impounding support.

(A) Administrative termination investigation.

(1) The child support enforcement agency (CSEA) will 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) An administrative termination reason as described in paragraph (C) of rule 5101:12-60-50 of the Administrative Code has occurred or is expected to occur on a certain date;

(b) An administrative termination reason described in paragraph (E) 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 will 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 will 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 will 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 will 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 will 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 will 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 will use the lesser amount as the obligation for cash medical support.

(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, the Ohio department of job and family services (ODJFS), the Ohio department of medicaid (ODM), a public children services agency (PCSA), or the CSEA.

(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 will:

(a) 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);

(b) File the JFS 07522 with the administrative child support record;

(d) When the obligee or obligor are deceased and the CSEA has identified that an action has been commenced to probate the estate of the decedent, issue a copy of the JFS 07522 to the administrator or executor of the estate.

(2) When the CSEA determines that ODJFS, ODM, a PCSA, or the CSEA has been or will be overpaid by the obligor, the CSEA will recommend that the amount overpaid be disbursed to the appropriate person.

(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 will:

(a) Compile findings and recommendations .

(b) 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; and

(c) When the obligee or obligor are deceased and the CSEA has identified that an action has been commenced to probate the estate of the decedent, issue a copy of the findings and recommendations to the administrator or executor of the estate.

(2) 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 will include in the findings and recommendations the following:

(a) When there are other minor children subject to the order:

(i) A finding of whether the child support order should continue for other minor children subject to the order; and

(ii) 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.

(b) 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:

(i) A finding that continued payment and disbursement of payments will likely result in an overpayment or increase an existing overpayment; and

(ii) 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.

(iii) When the CSEA determines that ODJFS, ODM, a PCSA, or the CSEA has been overpaid, the CSEA will recommend that the amount overpaid be disbursed to the appropriate person.

(i) A finding of the amount of arrears or other balances owed by the obligor and the date of the calculation; and

(ii) A recommendation that the obligor be ordered to pay a monthly arrears payment amount that is compliant with sections 3121.36 and 3123.14 of the Revised Code, unless the obligor is deceased.

(d) When amounts are owed for other minor children or for a payment on arrears, other balances, or other obligations:

(i) A finding that amounts are owed for other minor children or for a payment on arrears, other balances, or other obligations; and

(ii) A recommendation to initiate or continue income withholding or deduction, unless the obligor is deceased.

(e) When amounts are not owed for other minor children or for a payment on arrears, other balances, or other obligations; or the obligor is deceased:

(i) A finding that amounts are not owed for other minor children or for a payment on arrears, other balances, or other obligations; or the obligor is deceased; and

(ii) A recommendation to terminate income withholding or deduction.

(f) When the obligee was overpaid:

(i) A finding that the obligee was overpaid, the amount the obligee was overpaid, and the date through which the overpayment was calculated; and

(ii) The CSEA may elect to include a recommendation that the obligee repay the amount the obligee was overpaid.

(g) The following statements:

(i) 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.

(ii) 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.

(D) Impounding support.

(1) When the CSEA is aware that support is or may be overpaid or that the obligee or obligor is deceased, the CSEA will impound within the support enforcement tracking system support paid pursuant to the child support order.

(2) When the support order is an administrative child support order, the CSEA will 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).

(3) When the support order is a court support order, the CSEA will 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.

(4) The CSEA will have copies of the impound order, or JFS 07523, as applicable, issued to:

(a) The last known addresses of the obligee and obligor.

(b) The administrator or executor of the decedent's estate when the obligee or obligor is deceased and the CSEA has identified that an action has been commenced to probate the estate of the decedent.

Last updated May 1, 2024 at 8:58 AM

History

Effective: May 1, 2024
Promulgated Under: 119.03

Ohio Adm.Code 5101:12-60-50.2 Administrative termination hearing, court hearing, administrative termination order, and disbursement of impounded funds.

(A) Administrative termination hearing.

(1) The parties have the right to object to the administrative termination investigation findings and recommendations within fourteen days after issuance of the findings and recommendations.

(2) When a party timely requests an administrative termination hearing, the child support enforcement agency (CSEA) will 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 parties at their last known addresses.

(a) At the administrative termination hearing, the parties may:

(i) Present testimony and evidence regarding the findings and recommendations; and

(ii) 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 will:

(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 parties.

(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 parties.

(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 will deny an administrative termination hearing request when:

(i) The person requesting the administrative termination hearing was not a party or the party's representative; or

(ii) The reason the party 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 will 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 parties 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 a party timely requests a court hearing, the CSEA will 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.

(1) When no party timely objects to the JFS 07522 or findings and recommendations, the CSEA will:

(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 parties 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 no party timely files a motion to object to the administrative hearing decision or JFS 07526, the CSEA will:

(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 parties 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 parties at their last known addresses.

(D) Disbursement of impounded funds.

All funds that have been overpaid to the Ohio department of job and family services, the Ohio department of medicaid, a public children services agency, or the CSEA; and all funds that have been impounded in accordance with the court order or rules 5101:12-80-10 and 5101:12-80-10.1 of the Administrative Code, will be disbursed 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.

(E) Income withholding or deduction.

(1) When the obligor is deceased or does not owe any amounts for other minor children, arrears, other balances, or other obligations, the CSEA will terminate any previously issued JFS 04047, "Income Withholding for Support" (effective or revised effective date as identified in rule 5101:12-50-99 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), and issue written notice of the termination by ordinary mail to the payor or financial institution that was mandated to comply with the JFS 04047 or JFS 04017.

(2) When the obligor owes any amounts for other minor children, arrears, other balances, or other obligations, the CSEA will continue any existing withholding or deduction notice or issue any new withholding or deduction notice pursuant to the entry, unless the obligor is deceased.

Last updated May 1, 2024 at 8:58 AM

History

Effective: May 1, 2024
Promulgated Under: 119.03

Ohio Adm.Code 5101:12-60-60 Redirection of support.

(A) This rule and its supplemental rules describe how the child support enforcement agency (CSEA) with administrative responsibility for a child support order redirects payments under the support order.

(B) The CSEA is authorized to 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, and the application or referral indicates the child is with a caretaker other than the current payee.

(C) Nothing in this rule or its supplemental rules precludes a CSEA from proceeding in accordance with Chapter 5101:12-45 of the Administrative Code to establish a child support order or to proceed in accordance with rule 5101:12-60-50 of the Administrative Code and its supplemental rules to terminate a support order.

(D) The following definitions apply to this rule and its supplemental rules:

(1) "Caretaker" has the same meaning as in section 3119.01 of the Revised Code.

(2) "Legal custody" has the same meaning as in section 2151.011 of the Revised Code and includes permanent custody or temporary custody.

(3) "Payee" means the person or entity to whom child support payments may be disbursed under a child support order.

(4) "Primary caregiver" means a person with whom the child resides for at least thirty consecutive days, and who stands in place of a parent to make decisions regarding the health, education, support, and welfare of a child.

(5) "Public children services agency" (PCSA) has the same meaning as in section 5153.01 of the Revised Code.

(6) "Redirect" means a change under an existing child support order requiring payments be disbursed to a different payee.

(E) Within twenty days of receiving a IV-D application or referral that indicates the child is with a caretaker other than the current payee, the CSEA will:

(1) Identify whether the child is in the legal custody of a PCSA; and

(2) Identify whether the caretaker is the primary caregiver of the child.

(F) When the child is in the legal custody of a PCSA, the CSEA will consult with the PCSA to identify if it is in the best interest of the child to redirect the child support order.

(G) When the child is not in the legal custody of a PCSA and is in the placement of a caretaker other than a PCSA, the CSEA will determine whether the caretaker is the primary caregiver of the child.

(1) When the CSEA determines that the caretaker is the primary caregiver of the child, the CSEA will:

(a) Determine that a reason exists to redirect support to the caretaker; and

(b) Proceed in accordance with rule 5101:12-60-60.1 of the Administrative Code.

(2) When the CSEA determines that the caretaker is not the primary caregiver of the child, the CSEA will:

(a) Determine that a reason does not exist to redirect support to the caretaker; and

(b) Issue the 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) to the last known address of the person who requested the redirection.

Last updated April 3, 2024 at 8:36 AM

History

Effective: April 3, 2024
Promulgated Under: 119.03

Ohio Adm.Code 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

(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.

(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;

(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

History

Effective: April 3, 2024
Promulgated Under: 119.03

Ohio Adm.Code 5101:12-60-60.2 Termination of redirection.

(A) When the child support enforcement agency (CSEA) receives notice that a caretaker is no longer the primary caregiver for a child subject to a redirection order, the CSEA will investigate whether the caretaker to whom support amounts are redirected under the existing redirection order is still the primary caregiver for the child.

(B) When the CSEA determines that the caretaker to whom support amounts are redirected under the existing redirection order is still the primary caregiver for the child(ren) of the order, the CSEA will issue the 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) to the last known address of the person who requested the redirection.

(C) When the CSEA determines that a new caretaker is the primary caregiver for a child who is the subject of the redirection order, the CSEA will:

(1) Terminate the existing redirection order or request that the court terminate the redirection order based on the recommendation, whichever is applicable, pursuant to rule 5101:12-60-60.1 of the Administrative Code; and

(2) Direct the new caretaker to file an application for Title IV-D services under section 3119.951 of the Revised Code, unless the CSEA has received a IV-D referral for the caretaker and child.

(D) When the CSEA determines that a parent of the child who is the subject of a redirection order is the primary caregiver of the child, the CSEA will:

(1) Terminate the redirection order based on the recommendation, whichever is applicable, pursuant to rule 5101:12-60-60.1 of the Administrative Code, when the parent is the obligee or obligor.

(2) Notify the obligor of the right to request the child support order to be:

(a) Terminated pursuant to section 3119.87 of the Revised Code; or

(b) Administratively reviewed by 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.

(E) When the CSEA determines that the child who is the subject a redirection order is not under the care of any known individual, the CSEA will:

(1) Terminate the existing redirection order or request the court to terminate the redirection order based on the recommendation, whichever is applicable, pursuant to rule 5101:12-60-60.1 of the Administrative Code; and

(2) Make a report under section 2151.421 of the Revised Code when the CSEA becomes aware of circumstances indicating that the child may be abused or neglected.

(F) Impounding support.

(1) Pursuant to section 3119.9537 of the Revised Code, the CSEA will 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 and 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 8:37 AM

History

Effective: April 3, 2024
Promulgated Under: 119.03

Ohio Adm.Code 5101:12-60-70 Reduction of permanently assigned arrears.

(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.

(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

History

Effective: January 1, 2017
Promulgated Under: 119.03

Ohio Adm.Code 5101:12-60-70.1 Procedures for a reduction of permanently assigned arrears.

(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.

(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

History

Effective: January 1, 2017
Promulgated Under: 119.03

Ohio Adm.Code 5101:12-60-70.2 Process for a reduction of permanently assigned arrears.

(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

History

Effective: January 1, 2017
Promulgated Under: 119.03

Ohio Adm.Code 5101:12-60-70.3 Agreed entry for a reduction of permanently assigned arrears.

(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.

(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

(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

History

Effective: January 1, 2017
Promulgated Under: 119.03

Ohio Adm.Code 5101:12-60-70.4 Reporting requirements for a reduction of permanently assigned arrears.

(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

History

Effective: January 1, 2017
Promulgated Under: 119.03

Ohio Adm.Code 5101:12-60-70.5 County initiation of a reduction of permanently assigned arrears.

(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.

(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

History

Effective: February 1, 2018
Promulgated Under: 119.03

Ohio Adm.Code 5101:12-60-99 Chapter 5101:12-60 forms - order administration.

(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. 4/2024);

(D) JFS 01866, "Administrative Review Pending Notice" (rev. 4/2024);

(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. 4/2024);

(I) JFS 07521, "Results of Support Order Termination Investigation" (rev. 4/2024);

(J) JFS 07522, "Findings and Recommendations to Terminate the Administrative Child Support Order"(rev. 4/2024);

(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);

(W) JFS 07770, "Administrative Adjustment Hearing Decision" (rev. 2/2019);

(X) JFS 07800, "Results of Investigation to Redirect the Child Support Order" (4/2024);

(Y) JFS 07801, "Findings and Recommendations to Redirect the Administrative Child Support Order" (4/2024); and

(Z) JFS 07802, "Administrative Order to Redirect the Administrative Child Support Order" (4/2024).

Last updated April 8, 2026 at 10:30 PM

History

Effective: April 3, 2024
Promulgated Under: 119.03

Chapter 5101:12-65 Procedures to Initiate a Termination Investigation by CSEA

Ohio Adm.Code 5101:12-65-05 Scope and definitions.

(A) This rule and its supplemental rules describe procedures for processing cases when an obligee or obligor to the child support order for which a child support enforcement agency (CSEA) has administrative responsibility is deceased.

(B) The following definitions apply to this rule and its supplemental rules:

(1) "Administrator" means a person granted authority pursuant to section 2113.06 of the Revised Code or analogous laws of another state.

(2) "Assigned arrears" has the same meaning as in rule 5101:12-80-10 of the Administrative Code.

(3) "Decedent" means an individual who is deceased.

(4) "Executor" means a person granted authority pursuant to section 2113.05 of the Revised Code or analogous laws of another state.

(5) "Obligee" has the same meaning as in section 3119.01 of the Revised Code.

(6) "Obligor" has the same meaning as in section 3119.01 of the Revised Code.

(7) "Probate" means to bring a matter before a court with jurisdiction pursuant to section 2101.24 of the Revised Code or analogous laws of another state.

(8) "Unassigned arrears" has the same meaning as in rule 5101:12-80-10 of the Administrative Code.

(1) Verify the date of death and update the support enforcement tracking system (SETS) accordingly;

(2) Impound support in accordance with rule 5101:12-60-50.1 of the Administrative Code;

(3) Investigate whether an action has been commenced to probate the estate of the obligee or obligor; and

(4) Determine whether there is a current support order.

Last updated May 1, 2024 at 8:59 AM

History

Effective: May 1, 2024
Promulgated Under: 119.03

Ohio Adm.Code 5101:12-65-05.1 Deceased obligee.

(A) This rule describes procedures for processing a case when an obligee is deceased.

(B) Current support order.

(1) When there is a current support order, the child support enforcement agency (CSEA) will complete a termination investigation in accordance with rule 5101:12-60-50.1 of the Administrative Code, using the obligee's date of death.

(2) When a termination order is final, the CSEA will disburse any impounded funds pursuant to the termination entry.

(a) When the CSEA is aware that an action has been commenced to probate the estate of the obligee, payments will be disbursed to the administrator or the executor of the estate or as directed by an order from the probate court.

(b) When the CSEA is unable to identify that an action has been commenced to probate the estate of the obligee, the CSEA will:

(i) Maintain a record in the support enforcement tracking system (SETS) of any unassigned arrears;

(ii) Apply any impounded funds first to assigned arrears, then to processing fee arrears, except that when the collection is from unemployment compensation or a federal or state income tax refund offset, the collection will not be applied to processing fee arrears;

(iii) Maintain or issue any withholding order until all of the assigned arrears and processing fee arrears are paid in full;

(iv) Issue any remaining funds to the obligor after assigned arrears and processing fee arrears are paid in full; and

(v) Terminate any withholding order and close the case in accordance with rule 5101:12-10-70 of the Administrative Code when all of the assigned arrears and processing fee arrears are paid in full and an action was not commenced within six months of the obligee's date of death to probate the estate of the obligee.

(3) Terminating the support order due to the death of the obligee does not terminate the obligor's parental duty of support pursuant to section 3103.031 of the Revised Code.

(4) An administrator or executor may complete a IV-D application to request that payments under the terminated support order be disbursed to the administrator, executor, or to the probate estate of the deceased obligee.

(5) In accordance with section 3125.36 of the Revised Code, a CSEA will make available a IV-D application to any person requesting the CSEA's assistance to establish a support order for the support of a minor child under the terminated support order.

(1) When there are no arrears, close the case in accordance with rule 5101:12-10-70 of the Administrative Code; or

(2) When there are arrears, investigate whether an action has been commenced to probate the estate of the obligee.

(a) When the CSEA identifies that an action has been commenced to probate the estate of the obligee, the CSEA will disburse any impounded funds pursuant to the termination entry to the administrator or executor of the estate or as directed by an order from the probate court.

(b) When the CSEA is unable to identify that an action has been commenced to probate the estate of the obligee, the CSEA will:

(i) Maintain a record in SETS of any unassigned arrears;

(ii) Apply any funds, first to assigned arrears, then to processing fee arrears, then to unassigned arrears;

(iii) Maintain or issue any withholding order until all of the assigned arrears and processing fee arrears are paid in full;

(iv) Issue any remaining funds to the obligor after assigned arrears and processing fee arrears are paid in full; and

Last updated May 1, 2024 at 8:59 AM

History

Effective: May 1, 2024
Promulgated Under: 119.03

Ohio Adm.Code 5101:12-65-05.2 Deceased obligor.

(A) This rule describes procedures for processing a case when an obligor is deceased.

(B) Current support order.

(2) When a termination entry is final, the CSEA will disburse any impounded funds pursuant to the entry.

(a) When the CSEA is aware that an action has been commenced to probate the estate of the obligor, payments otherwise owed to the obligor will be disbursed to the administrator or executor of the estate.

(b) When the CSEA is unable to identify that an action has been commenced to probate the estate of the obligor, payments otherwise owed to the obligor will be disbursed in the obligor's name to the last known address for the obligor.

(c) When there are no arrears, the CSEA will close the case in accordance with rule 5101:12-10-70 of the Administrative Code.

(d) When there are arrears, the CSEA will investigate whether an action has been commenced to probate the estate of the obligor.

(i) When the CSEA identifies that an action has been commenced to probate the estate of the obligor, in accordance with rule 5101:12-50-50 of the Administrative Code, the CSEA may file a claim against the estate of the obligor, within six months after the obligor's death, for the purpose of collecting any arrears that are due under the support order; or

(ii) When the CSEA is unable to identify that an action has been commenced to probate the estate of the obligor within six months of the date of the obligor's death, the CSEA may close the case in accordance with rule 5101:12-10-70 of the Administrative Code.

(1) When there are no arrears, close the case in accordance with rule 5101:12-10-70 of the Administrative Code; or

(2) When there are arrears, investigate whether an action has been commenced to probate the estate of the obligor.

(a) When the CSEA identifies that an action has been commenced to probate the estate of the obligor, in accordance with rule 5101:12-50-50 of the Administrative Code, the CSEA may file a claim against the estate of the obligor within six months after the obligor's death, for the purpose of collecting any arrears that are due under the support order; or

(b) When the CSEA is unable to identify that an action has been commenced to probate the estate of the obligor, the CSEA may close the case in accordance with rule 5101:12-10-70 of the Administrative Code.

Last updated May 1, 2024 at 8:59 AM

History

Effective: May 1, 2024
Promulgated Under: 119.03

Chapter 5101:12-70 Intergovernmental Cases

Ohio Adm.Code 5101:12-70-05 Scope and definitions for intergovernmental cases.

(A) This rule and its supplemental rules describe the procedures for processing an intergovernmental case for child support enforcement services.

(B) An initiating or responding child support enforcement agency (CSEA) as defined in this rule shall process intergovernmental cases in accordance with this rule and its supplemental rules, federal regulations found at 45 C.F.R. 303.7 effective January 03, 2011, and provisions of the Uniform Interstate Family Support Act (UIFSA)(2008) enacted as sections 3115.102 to 3115.903 of the Revised Code. This rule and its supplemental rules do not apply when a court is acting as the tribunal pursuant to division (CC) of section 3115.102 of the Revised Code.

(C) The following definitions, as well as those found in section 3115.102 of the Revised Code, apply to this rule and its supplemental rules:

(1) "Agency," for the purpose of this rule, means a child support enforcement agency (CSEA), acting as a tribunal in accordance with section 3115.203 of the Revised Code, another state, a tribal IV-D agency, or an agency in a country, as defined in this rule.

(2) "Central authority" means the entity designated by the United States or a foreign country described in division (E)(4) of section 3115.102 the Revised Code to perform the functions specified in the convention.

(3) "Child Support Enforcement Network" (CSENet) means the electronic communications network developed by the federal office of child support enforcement (OCSE) to transmit and receive case information between states in a standardized format.

(4) "Continuing exclusive jurisdiction" (CEJ) means the authority an issuing tribunal has to modify an order to the exclusion of all other jurisdictions. A state has CEJ over a valid child support order issued in that state at any time either the individual obligee, obligor or the child resides in that state or the parties have consented in a record or open court that the tribunal of the state may continue to exercise jurisdiction to modify its order.

(5) "Controlling order state" means:

(a) The state in which the only child support order was issued; or

(b) Where multiple orders exist, the state in which the order determined by a tribunal to control the prospective current child support order was issued.

(6) "Convention" means the convention on the international recovery of child support and other forms of family maintenance, concluded at "The Hague" on November 23, 2007.

(7) "Foreign country" means a country, including a political subdivision of the country, other than the United States, that authorizes the issuance of support orders to which at least one of the following applies:

(a) It has been declared under the law of the United States to be a foreign reciprocating country;

(b) It has established a reciprocal arrangement for child support with this state as provided in section 3115.308 of the Revised Code;

(c) It has enacted a law or established procedures for the issuance and enforcement of support orders that are substantially similar to the procedures under this chapter;

(d) It is a country in which the convention is in force with respect to the United States.

(8) "Form" means a federally-approved document used for the establishment and enforcement of child support obligations whether compiled or transmitted in written or electronic format. In interstate cases, such forms include those used for child support enforcement proceedings under UIFSA and described in rule 5101:12-70-05.11 of the Administrative Code.

(9) "Home state" means the state or foreign country in which a child lived with a parent or person acting as parent for at least six consecutive months immediately preceding the time of filing of a petition or comparable pleading for support and, if a child is less than six months old, the state or foreign country in which the child lived from birth with any of them. A period of temporary absence of any of them is counted as part of the six-month or other period.

(10) "Initiating agency" means an agency in which an individual has applied for or is receiving services and the agency initiates a two state intergovernmental case to a responding jurisdiction.

(11) "Intergovernmental case" means a case in which the person or entity that is eligible to receive support resides in one state or country, and the person obligated to pay support resides in, has income or assets from, or the order is from, another state or country. An intergovernmental case may include a case in which a state agency is seeking only to collect support arrearages, whether owed to the family or assigned to the state.

(12) "International case" means an intergovernmental case in which the person or entity that is eligible to receive support resides in one country, and the person obligated to pay support resides in, has income or assets from, or the order is from, another country.

(13) "Interstate case" means an intergovernmental case in which the person or entity that is eligible to receive support resides in one state, and the person obligated to pay support resides in, has income or assets from, or the order is from, another state.

(14) "Long arm jurisdiction" means the exercise of a state's personal jurisdiction over a non-resident.

(15) "One-state remedies" means the exercise of a state's jurisdiction over an obligor for the purpose of direct establishment, enforcement, or other action by a state against an obligor in accordance with the long arm provision of UIFSA.

(16) "Registration" means the act of filing in a tribunal of this state a support order or judgment determining parentage of a child issued in another state or a foreign country.

(17) "Responding agency" means the agency that is providing services in response to a referral from an initiating agency in an intergovernmental case.

(18) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin islands, or any territory or insular possession under the jurisdiction of the United States. The term includes an Indian nation or tribe.

(19) "Tribunal" means, pursuant to section 3115.102 of the Revised Code, a court, administrative agency, or quasi-judicial entity authorized to establish, enforce, or modify support orders or to determine parentage of a child.

(20) "Uniform Interstate Family Support Act" (UIFSA) means the model act promulgated by the "National Conference of Commissioners on Uniform State Laws" (NCCUSL) now known as the "Uniform Law Commission" (ULC) and mandated by section 466(f) of the Social Security Act to be in effect in all states.

Last updated September 11, 2026 at 12:46 PM

History

Effective: December 15, 2021
Promulgated Under: 119.03

Ohio Adm.Code 5101:12-70-05.1 CSEA general responsibilities.

(A) This rule describes the general responsibilities that apply to a child support enforcement agency (CSEA) irrespective of the CSEA role in the case as either an initiating or responding agency.

(B) The CSEA shall:

(1) Use federally approved forms in intergovernmental cases;

(2) Within thirty business days of receiving a request, provide any order and payment record information requested by a state IV-D agency for a controlling order determination and reconciliation of arrearages, or notify the state IV-D agency when the information will be provided;

(3) Notify the other agency within ten business days of receipt of new information on an intergovernmental case;

(4) Cooperate with requests for limited services such as quick locate, service of process, assistance with discovery, assistance with genetic testing, teleconferenced hearings, administrative reviews, and copies of court orders and payment records. Requests for other limited services may be honored at the state's option; and

(5) Transmit requests for information and provide requested information electronically to the greatest extent possible.

Last updated September 11, 2026 at 12:46 PM

History

Effective: July 1, 2016
Promulgated Under: 119.03

Ohio Adm.Code 5101:12-70-05.2 Responsibilities of Ohio interstate central registry.

(A) Each state child support agency is required by federal regulations at 45 C.F.R. 303.7(b), effective January 3, 2011, to establish an interstate central registry (ICR) responsible for receiving, transmitting, and responding to inquiries on all incoming intergovernmental cases. The ICR in Ohio is located within the Ohio department of job and family services (ODJFS), office of child support (OCS).

(B) The ICR shall take the following steps within ten business days of receiving an intergovernmental case:

(1) Review the petition and any child support enforcement network (CSENet) transaction for accuracy and completeness;

(2) Perform location as needed;

(3) Partially complete the case intake process in the Ohio case registry, support enforcement tracking system (SETS);

(4) Forward the petition to the child support enforcement agency (CSEA) in the county with administrative responsibility for the case; and

(5) Acknowledge receipt of the petition to the child support agency in the initiating state and advise it of the name and address of the CSEA where the petition was sent for processing.

(C) When the documentation received with a case is incomplete and cannot be remedied by the ICR without the assistance of the initiating agency, the ICR must forward the case to the county with administrative responsibility for the case for any action that can be taken pending necessary action by the initiating agency.

(D) The ICR shall take the following steps within five business days of receiving a case status inquiry from another child support agency:

(1) Contact the CSEA with administrative responsibility for the case to determine the status of the case when the requested information is not available through SETS; and

(2) Provide the inquiring agency with an update on the status of the case.

Last updated September 11, 2026 at 12:46 PM

History

Effective: July 1, 2016
Promulgated Under: 119.03

Ohio Adm.Code 5101:12-70-05.3 Requirements for initiating CSEA in intergovernmental cases.

(A) This rule describes the requirements that an initiating child support enforcement agency (CSEA) shall follow when processing an intergovernmental case.

(B) In addition to the general responsibilities described in rule 5101:12-70-05.1 of the Administrative Code, the initiating CSEA has the following responsibilities:

(1) Determine whether a child support order(s) exists in a case using the federal and state case registries, state records, information provided by the recipient of services, and other relevant information available to the CSEA;

(2) Determine in which state a determination of the controlling order and reconciliation of arrearages may be made where multiple orders exist;

(3) Determine whether the obligor is in another jurisdiction and whether it is appropriate to use long arm jurisdiction to establish paternity and establish, modify, and enforce a support order, including medical support and income withholding;

(4) Within twenty days of completing the actions required in paragraphs (B)(1) to (B)(3) of this rule and receiving any necessary information needed to process the case refer the case to the appropriate state central registry, tribal IV-D program, or central authority of a county for action, if one-state remedies are not appropriate.

(5) Provide the responding agency sufficient and accurate information to act on the case by submitting with each Uniform Interstate Family Support Act (UIFSA)(2008) petition any necessary documentation and intergovernmental forms required by the responding agency;

(6) Within thirty days of receipt of the request for information, provide the responding agency with an updated intergovernmental form and any necessary additional documentation, or notify the responding agency when the information will be provided;

(7) Notify the responding agency at least annually, and upon request in an individual case, of interest charges, if any, owed on overdue support under an initiating state's order being enforced in the responding jurisdiction;

(8) Submit all past-due support owed in IV-D cases that meet the certification requirements for federal tax offset;

(9) Send a request for review and adjustment of a child support order to another jurisdiction within twenty days of determining that a request for review and adjustment should be sent to the other state, including any needed information from the requestor;

(10) Distribute and disburse any support collections received;

(11) Notify the responding agency within ten business days of case closure pursuant to rule 5101:12-10-70 of the Administrative Code and the reason(s) for such action;

(12) Instruct the responding agency to close its intergovernmental case and to stop any withholding notice the responding agency has sent to a payor before the CSEA sends a withholding notice, unless the two jurisdictions reach an alternative agreement on how to proceed; and

(13) When the CSEA has closed its case and has not notified the responding agency to close its corresponding case, the CSEA shall make a diligent effort to locate the obligee, including use of the federal parent locator service and the state parent locator service, and accept, distribute and disburse any payment received from a responding agency.

(1) Send a copy of a notice received from a court to an obligee within two business days of receiving it from the court;

(2) Send a copy of a written communication from the obligor or the obligor's attorney to the obligee within two business days of receiving it from the court;

(3) Notify the obligee within ten business days if jurisdiction over the obligor cannot be obtained;

(4) Furnish a certified statement by the custodian of the record of the amounts and dates of all payments received to a requesting party or child support agency of another state. The CSEA may use a stamp on the record to indicate that it is a true and accurate statement of arrears.

Last updated September 11, 2026 at 12:46 PM

History

Effective: July 1, 2016
Promulgated Under: 119.03

Ohio Adm.Code 5101:12-70-05.4 Requirements for responding CSEA in intergovernmental cases.

(A) This rule describes the requirements that a responding child support enforcement agency (CSEA) shall follow when receiving a request for services from an initiating agency.

(B) In addition to the general responsibilities described in rule 5101:12-70-05.1 of the Administrative Code, the responding CSEA has the following responsibilities:

(1) Accept and process an intergovernmental request for services. The CSEA may not refuse to process a request on the basis that an initiating state could have utilized one-state or long arm processes;

(2) Within seventy-five days of receipt of an intergovernmental form and documentation from the Ohio interstate central registry (ICR):

(a) Provide location services when the request is for location services or when the form or documentation does not include adequate location information on the obligor;

(b) When unable to proceed with the case because of inadequate documentation, notify the initiating agency of the needed information or corrections;

(c) When the documentation received with a case is incomplete and cannot be remedied without the assistance of the initiating agency, process the case to the extent possible pending necessary action by the initiating agency;

(3) Within ten business days of locating the obligor in a different state, the CSEA must return the forms and documentation, including the new location, to the initiating agency, or if directed by the initiating agency, forward the forms and documentation to the central registry in the state where the obligor has been located, and notify the ICR where the case has been sent;

(4) Within ten business days of locating the obligor in a different county in Ohio, the CSEA shall:

(a) Determine which county has administrative responsibility pursuant to rules 5101:12-10-03 and 5101:12-10-04 of the Administrative Code;

(b) Determine if a transfer is required, and forward the forms and documentation to the county with administrative responsibility; and

(5) When the request is for the determination of the controlling order:

(a) File the controlling order determination request with the appropriate court within thirty days of receipt of the request or location of the obligor, whichever occurs later; and

(b) Notify the initiating state agency, the controlling order state, and any state where a support order in the case was issued or registered, of the controlling order determination and any reconciled arrearages within thirty days of receipt of the determination from the court.

(6) Provide any necessary services as it would in an intrastate IV-D case as described in division 5101:12 of the Administrative Code;

(7) Provide timely notice to the initiating agency in advance of any hearing before a court that may result in establishment or adjustment of an order;

(8) Identify any fees or costs deducted from support payments when forwarding payments to the initiating agency;

(9) Within ten business days of receipt of instructions for termination of services from an initiating state agency, stop the income withholding notice and close the case, unless the two states reach an agreement on how to proceed. If the controlling order was issued by Ohio, the CSEA shall terminate services in accordance with rule 5101:12-10-70 of the Administrative Code.

When the CSEA has administrative responsibility for the Ohio controlling order, it shall remain the custodian of the records for the controlling order. The CSEA shall assist any agency that requests information or documentation needed for the registration or enforcement of the order.

(10) Notify the initiating agency when a case is closed.

(1) Notify the child support agency in the initiating state of the correct Ohio case number whenever an application received from the Ohio ICR is merged into an existing case by the CSEA;

(2) Enable a court in Ohio or tribunal in another state to obtain jurisdiction over the party that resides in Ohio;

(3) Request the Ohio court with jurisdiction to set a date, time, and place for a hearing, when appropriate;

(4) Provide a statement of the amounts and dates of all payments received, when requested by a case participant or the child support agency of another state. The statement must be certified by the custodian of the records. The CSEA may use a stamp on the record to indicate that it is a true and accurate statement;

(5) Pay the costs of processing intergovernmental cases, including the costs of genetic testing.

Last updated September 11, 2026 at 12:46 PM

History

Effective: July 1, 2016
Promulgated Under: 119.03

Ohio Adm.Code 5101:12-70-05.5 Establishment of paternity in an intergovernmental case.

(A) This rule describes the responsibilities that an initiating or responding child support enforcement agency (CSEA) has to establish paternity in intergovernmental cases. When a determination of paternity has been made pursuant to the laws of another jurisdiction, that determination must be recognized in Ohio, and the issue of paternity may not be re-litigated or used as a defense to an action brought pursuant to section 3115.315 of the Revised Code.

(B) Paternity may be established either by:

(1) Using long arm jurisdiction, or

(2) Sending a Uniform Interstate Family Support Act (UIFSA)(2008) petition that requests the establishment of paternity from the initiating CSEA to an interstate central registry (ICR) in a responding state or to the central authority in another country or tribe.

(C) The initiating CSEA shall determine whether long arm jurisdiction shall be used to establish paternity. The CSEA and its legal staff should carefully consider the facts of a case to determine whether one of the conditions described in Ohio's long arm statute exists. Long arm jurisdiction may exist over a party living outside the state of Ohio if one or more conditions described in section 3115.201 of the Revised Code apply.

(1) When it determines that long arm jurisdiction exists and that its use is appropriate, the CSEA shall establish paternity pursuant to Chapter 5101:12-40 of the Administrative Code and shall not initiate a UIFSA petition to the state where the other party resides. The CSEA may also use OMB 0970-0085 "Transmittal #3 - Request for assistance/discovery" to request assistance with service of process or genetic testing from the child support agency in the other state, if necessary; or

(2) When it determines that long arm jurisdiction does not exist or would be inappropriate, the CSEA shall initiate a UIFSA petition to the ICR in the state, or to the central authority of another country or tribe, where the other party resides within twenty days of determining that the other party resides in another jurisdiction.

(D) A responding CSEA has the following responsibilities:

(1) Immediately upon receipt from the Ohio ICR of a UIFSA petition that requests the establishment of paternity:

(a) Verify the residence address of the party who resides in Ohio;

(b) If necessary, transfer the UIFSA petition to the CSEA with administrative responsibility pursuant to rules 5101:12-10-03 and 5101:12-10-04 of the Administrative Code; and

(2) The responding CSEA that has administrative responsibility for the case shall take the following actions within seventy-five days of receipt of the UIFSA petition:

(a) Notify the child support agency in the initiating agency of any additional information needed to proceed with the case;

(b) Process the case to the extent possible pending receipt of the additional information needed from the child support agency in the initiating jurisdiction; and

(c) Complete the case intake process in the Ohio case registry, support enforcement tracking system (SETS), using information from the UIFSA petition and any information received from the child support enforcement network (CSENet) transaction.

Last updated September 11, 2026 at 12:46 PM

History

Effective: July 1, 2016
Promulgated Under: 119.03

Ohio Adm.Code 5101:12-70-05.6 Establishment of a child support order in an intergovernmental case.

(A) This rule describes the responsibilities that an initiating or responding child support enforcement agency (CSEA) has to establish a child support order in intergovernmental cases. A request to establish a child support order may be received as a separate request or as part of a request to establish paternity and support.

(B) A child support order may be established either by:

(1) Using long arm jurisdiction, or

(2) Sending a Uniform Interstate Family Support Act (UIFSA)(2008) petition that requests the establishment of a child support order from an initiating CSEA to an interstate central registry (ICR) in a responding state, or to the central authority of another country or tribe.

(C) The initiating CSEA shall determine whether long arm jurisdiction shall be used to establish a child support order. The CSEA and its legal staff should carefully consider the facts of a case to determine whether one of the conditions described in Ohio's long arm statute exists. Long arm jurisdiction may exist over a party living outside the state of Ohio if one or more conditions apply as described in section 3115.201 of the Revised Code.

(1) When it determines that long arm jurisdiction exists and is appropriate, the CSEA shall establish a child support order pursuant to rule 5101:12-45-05 of the Administrative Code and shall not initiate a UIFSA petition to the jurisdiction where the obligor lives. It may also use OMB 0970-0085 "Transmittal #3 - Request for assistance/discovery," to request assistance from the child support agency in the other state with service of process if necessary.

(2) When it determines that long arm jurisdiction does not exist or would be inappropriate, the CSEA shall initiate a UIFSA petition to the ICR in the state where the obligor resides, or to the central authority of another country or tribe within twenty days of determining that the obligor resides in another jurisdiction.

(D) A responding CSEA has the following responsibilities:

(1) Immediately upon receipt from the Ohio ICR of a UIFSA petition that requests the establishment of a child support order:

(a) Verify the residence address of the other party;

(b) If necessary, transfer the UIFSA petition to the responding CSEA with administrative responsibility pursuant to rules 5101:12-10-03 and 5101:12-10-04 of the Administrative Code; and

(2) The responding CSEA that has administrative responsibility for the case shall take the following actions within seventy-five days of receipt of the UIFSA petition:

(a) Notify the child support agency in the initiating jurisdiction of any additional information needed to proceed with the case;

(b) Process the case to the extent possible pending receipt of the additional information needed from the child support agency in the initiating jurisdiction; and

Last updated September 11, 2026 at 12:46 PM

History

Effective: July 1, 2016
Promulgated Under: 119.03

Ohio Adm.Code 5101:12-70-05.7 Determination of the controlling order.

(A) The Uniform Interstate Family Support Act (UIFSA)(2008) requires that only one valid order may exist for the purpose of enforcing a support obligation prospectively, beginning with the date on which the determination of controlling order is made. After a controlling order is determined, it becomes the only order that may be prospectively enforced, and sets the non-modifiable terms. Non-modifiable terms of a controlling order include the duration of the order and the dates of the termination of the order. A controlling order may not be determined more than once.

(B) As a result of the "Full Faith and Credit for Child Support Orders Act," 28 U.S.C. 1738B (9/29/2014) and the implementation of UIFSA, multiple valid orders are not possible after January 1, 1998. Thus, the need to complete the entire original hierarchy analysis of a controlling order determination under UIFSA section 209 is rare. The initial step will always be to ask the court to determine which order is valid.

(C) When there is any question regarding the validity of an order, a controlling order determination must be made. A controlling order determination shall only be made by a court with personal jurisdiction over both the obligee and obligor, and must be made prior to any enforcement action or any action to modify a support order.

(D) The child support enforcement agency (CSEA) shall take the following steps before any actions can be taken:

(1) Identify all existing support orders;

(2) Obtain certified copies of each order along with payment records and arrearage calculations for each order;

(3) Examine each existing order to verify that it contains a current child support order provision and appears valid on its face;

(4) Verify the current residential state of the obligee, obligor, and child to which the order applies;

(5) Determine in which state a determination of the controlling order and reconciliation of arrearages may be made;

(6) Within twenty days of completing the actions required in paragraphs (D)(1) to (D)(5) of this rule and, if appropriate, receipt of any necessary information needed to process the case, either:

(a) Proceed in accordance with paragraph (E) of this rule when the CSEA determines that Ohio may issue a controlling order determination; or

(b) Refer any intergovernmental case to the appropriate state central registry, tribal program, or central authority of a country for action, when the CSEA determines that Ohio may not issue a controlling order determination.

(E) When Ohio is issuing a controlling order determination, the CSEA shall take the following actions:

(1) Identify which orders were issued consistent with 28 U.S.C. 1738B (9/29/2014 ).

(2) Reconcile the arrearages for all support orders.

(3) File the appropriate pleadings with the court, including recommended language regarding which order should be determined the controlling order and a calculation of the reconciled arrearages.

(4) After the court has made the controlling order determination, prepare the OMB 0970-0085, "Notice of determination of controlling order," and send it with a certified copy of the controlling order determination to the tribunal (typically in care of the child support agency in each state) that issued or registered any of the support orders used to determine the controlling order.

Last updated September 11, 2026 at 12:46 PM

History

Effective: December 15, 2021
Promulgated Under: 119.03

Ohio Adm.Code 5101:12-70-05.8 Enforcement of a support order in an intergovernmental case.

(A) This rule describes the responsibilities that an initiating or responding child support enforcement agency (CSEA) has to enforce support orders in intergovernmental cases.

(B) When two or more support orders exist, only the support order that has been determined to be the controlling order may be enforced. Therefore, before any action is taken to enforce a support order, the initiating CSEA shall conduct an investigation to identify the number of support orders that may exist in the case and take any necessary steps as described in rule 5101:12-70-05.3 of the Administrative Code.

(1) Sending a direct income withholding as described in sections 3115.501 to 3115.507 of the Revised Code, if it is verified that an obligor is employed or receives income in another state and the CSEA determines that direct income withholding is available and appropriate; or

(2) Sending a Uniform Interstate Family Support Act (UIFSA)(2008) petition that requests the enforcement of support from an initiating CSEA to an interstate central registry (ICR) in a responding state.

(D) A CSEA shall determine whether direct income withholding is available and appropriate to enforce a controlling order. Prior to sending the income withholding notice, the CSEA shall verify that the laws of the state where the obligor's payor is located permit the direct withholding of the type of income being received.

(E) A CSEA shall have the following responsibilities when it determines that direct income withholding is appropriate:

(1) It shall prepare an income withholding notice as described in rule 5101:12-50-10.2 of the Administrative Code; and

(2) It shall send the income withholding notice directly to the obligor's payor in the other state.

(F) An initiating CSEA shall have the following responsibilities when it is unable to verify a source of income for the obligor or when it determines that direct income withholding is inappropriate:

(1) Prepare a UIFSA petition within twenty days of determining that an obligor resides in another jurisdiction; and

(2) When the controlling order has been issued by the state where the obligor resides, send a UIFSA petition requesting enforcement of the controlling order to the ICR in that state; or

(3) When the controlling order has been issued by a state other than the state where the obligor resides, take each of the following actions:

(a) Obtain a certified copy of the controlling order, and all modifications of the controlling order including certified payment records for which the registration is being requested;

(b) Prepare a UIFSA petition that requests registration of the controlling order; and

(c) Send the UIFSA petition to the ICR in the state where the obligor resides or has assets, or to the central authority of another country or tribe.

(G) UIFSA petitions requesting the registration of a support order for enforcement may be sent simultaneously to any state where the obligor resides or has income or assets. A CSEA must maintain records of all actions taken to enforce a support order using the registration process described in this rule.

(H) A responding CSEA has the following responsibilities:

(1) Immediately upon receipt of a UIFSA petition from the Ohio ICR, which requests the enforcement of a controlling order, verify the residence address of the obligor and:

(a) When the CSEA has verified that the obligor resides in the same county as the responding CSEA, the CSEA shall take the actions requested in the petition; or

(b) When the CSEA has verified that the obligor has moved to another county, the CSEA shall:

(i) Determine which county has administrative responsibility pursuant to rules 5101:12-10-03 and 5101:12-10-04 of the Administrative Code;

(ii) Determine if a transfer is required, and forward the forms and documentation to the county with administrative responsibility; and

(iii) Notify the initiating agency and the Ohio ICR of the transfer.

(i) Determine which county has administrative responsibility pursuant to rules 5101:12-10-03 and 5101:12-10-04 of the Administrative Code;

(ii) Determine if a transfer is required, and forward the forms and documentation to the county with administrative responsibility; and

(iii) Notify the initiating agency and the Ohio ICR of the transfer.

(2) The responding CSEA with administrative responsibility for the case shall take the following actions within seventy-five days of receipt of the UIFSA petition:

(a) Notify the child support agency in the initiating jurisdiction of any additional information needed to proceed with the case;

(b) Process the case to the extent possible pending receipt of the additional information needed from the child support agency in the initiating jurisdiction; and

(3) Register the controlling order if all information necessary to register the order has been received. A controlling order that is registered and confirmed in Ohio is enforceable in the same manner and subject to the same procedures as an order issued by Ohio.

(I) When all of the parties to a case reside in Ohio and the controlling order exists in a jurisdiction other than Ohio, the controlling order may be registered for enforcement pursuant to sections 3115.601 to 3115.616 of the Revised Code by the CSEA with administrative responsibility as described in rule 5101:12-10-04 of the Administrative Code.

Last updated September 11, 2026 at 12:46 PM

History

Effective: July 1, 2016
Promulgated Under: 119.03

Ohio Adm.Code 5101:12-70-05.9 Modification of a controlling order in an intergovernmental case.

(A) This rule describes the responsibilities that an initiating or responding child support enforcement agency (CSEA) has to modify a controlling order in an intergovernmental case.

(B) No part of the controlling order may be modified that is not modifiable under the laws of the state that issued the controlling order, such as the duration of the support order.

(C) An Ohio controlling order can be modified in Ohio only when either the obligor, individual obligee, or the child resides in Ohio, 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.

(D) A controlling order shall only be modified by:

(1) The state where the controlling order was issued when that state has continuing exclusive jurisdiction (CEJ); or

(2) The state where the non-requesting party resides when no state has CEJ; or

(3) The state where all parties have filed written consents to modify the order.

(E) An initiating or responding CSEA will:

(1) Verify the state that issued the controlling order.

(2) Verify the current residential address of the parties.

(3) Determine pursuant to paragraph (D) of this rule what state is appropriate to modify the controlling order.

(F) An initiating CSEA will take the following actions within twenty days of determining that another state is the appropriate state to modify the controlling order:

(1) Prepare a Uniform Interstate Family Support Act (UIFSA)(2008) petition requesting the modification and, if appropriate, enforcement of the controlling order; and

(2) Send the UIFSA petition to the interstate central registry (ICR) in the state where the modification will be conducted.

(G) A responding CSEA will:

(1) Immediately upon receipt of a UIFSA petition requesting modification of a support order, verify the residence address of the respondent and, if necessary, transfer the UIFSA petition to the CSEA with administrative responsibility for the case pursuant to rule 5101:12-10-04 of the Administrative Code.

(2) The responding CSEA with administrative responsibility for the case shall take the following actions within seventy-five days of receipt of the UIFSA petition:

(a) Notify the child support agency in the initiating jurisdiction of any additional information needed to process the case;

(b) Process the case to the extent possible pending receipt of the additional information from the child support agency in the initiating jurisdiction;

(d) Register the controlling order for modification or modification and enforcement pursuant to sections 3115.601 to 3115.616 of the Revised Code.

(3) Review the order for modification using the administrative review process pursuant to rules 5101:12-60-05 to 5101:12-60-05.6 of the Administrative Code.

(H) When all of the parties to a case reside in Ohio and the controlling order was issued by another state, the controlling order may be registered for modification and enforcement in Ohio by the CSEA with administrative responsibility pursuant to rule 5101:12-10-04 of the Administrative Code.

(I) Once a controlling order has been registered for modification in Ohio, it is enforceable in the same manner and is subject to the same procedures as an order issued by Ohio, except that the duration of the order and dates of termination of the order continue to be the terms of the order as in the controlling order state.

Last updated September 11, 2026 at 12:46 PM

History

Effective: December 15, 2021
Promulgated Under: 119.03

Ohio Adm.Code 5101:12-70-05.10 The child support enforcement network.

(A) This rule describes the responsibilities of the child support enforcement agency (CSEA) to use the child support enforcement network (CSENet) in the processing of interstate cases to the greatest extent possible.

(B) "Child Support Enforcement Network" (CSENet) means the electronic communications network developed by the federal office of child support enforcement (OCSE) to transmit and receive case information between states in a standardized format.

(1) Request location information on a putative father or absent parent from a state that has CSENet quick locate capability with Ohio. A CSENet "Quick Locate" (LO1) transaction shall be used for this purpose.

(2) Request case information, including support order information, from a state that has CSENet case status information capability with Ohio. A CSENet "Case Status Information" (CSI) transaction shall be used for this purpose.

(3) Request the establishment of paternity from a state that has CSENet paternity capability with Ohio. A CSENet "Paternity" (PAT) transaction shall accompany a Uniform Interstate Family Support Act (UIFSA)(2008) petition for this purpose.

(4) Request the establishment of a support order from a state that has CSENet establishment capability with Ohio. A CSENet "Establishment" (EST) transaction shall accompany a UIFSA petition for this purpose.

(5) Request the enforcement of a support order from a state that has CSENet enforcement capability with Ohio. A CSENet "Enforcement" (ENF) transaction shall accompany a UIFSA petition for this purpose.

(6) Transmit case status and information to a state that has CSENet managing state cases capability with Ohio. A CSENet "Managing State Cases" (MSC) transaction shall be used for this purpose.

(D) When a CSEA receives an incoming CSENet transaction, it shall take the actions required by the transaction within thirty days.

Last updated September 11, 2026 at 12:46 PM

History

Effective: July 1, 2016
Promulgated Under: 119.03

Ohio Adm.Code 5101:12-70-05.11 Forms for intergovernmental case processing.

(A) The following forms shall be used in processing interstate cases under the Uniform Interstate Family Support Act (UIFSA)(2008). To the greatest extent practical, the child support enforcement agency (CSEA) shall transmit requests for information and provide requested information through the child support enforcement network (CSENet) or electronic document exchange (EDE). When transmitting information electronically, the CSEA shall provide paper documents if requested by the responding agency.

(1) The OMB 0970-0085 "Child Support Agency Confidential Information Form" shall be used to safeguard the privacy of individuals by providing a means to record personal information on a separate document that is not served on the parties or filed with a tribunal.

(2) The OMB 0970-0085 "Child Support Agency Request for Change of Support Payment Location Pursuant to UIFSA 319" shall be used by a CSEA to make a request to the state that issued the support order to change the payment location of the order.

(3) The OMB 0970-0085 "Child Support Enforcement Transmittal #1 - Initial Request Acknowledgment" shall be used to inform the initiating jurisdiction of the responding jurisdiction's receipt of a "Child Support Enforcement Transmittal #1 - Initial Request" and to request any additional information or documentation needed to take further action on the request.

(4) The OMB 0970-0085 "Child Support Enforcement Transmittal #1 - Initial Request" shall be used as a cover letter to refer an interstate case to a responding state's interstate central registry (ICR).

(5) The OMB 0970-0085 "Child Support Enforcement Transmittal #2 - Subsequent Actions" shall be used to request or provide additional information or documents in previously referred cases. The CSEA shall not use the "Child Support Enforcement Transmittal #2-Subsequent Actions" to make an initial referral, only for subsequent communication. This form shall only be used when CSENet functionality is not available with the other agency.

(6) The OMB 0970-0085 "Child Support Enforcement Transmittal #3 - Request for Assistance/Discovery" shall be used to obtain limited assistance with activities such as service of process, discovery, or genetic testing in cases where a tribunal or CSEA of this state may exercise personal jurisdiction over a nonresident. A CSEA that receives a "Child Support Enforcement Transmittal #3 - Request for Assistance/Discovery" requesting limited assistance from another state shall not open a case.

(7) The OMB 0970-0085 "Child Support Locate Request" shall be used to request locate information regarding the parent, employer, wages, or assets of a putative father or obligor. The CSEA shall not send a "Child Support Locate Request" to a state with which Ohio has CSENet quick locate capability. If Ohio has CSENet quick locate capability with a state, the CSEA shall send a CSENet transaction for quick locate to that state as described in rule 5101:12-70-05.10 of the Administrative Code. This form may also be used to request locate information on an obligee since CSENet cannot be used to obtain locate information on obligees.

(8) The OMB 0970-0085 "Declaration in Support of Establishing Parentage" shall be used to supplement the "Uniform Support Petition" to summarize the evidence available to establish parentage. A separate "Declaration in Support of Establishing Parentage" is required for each child for whom parentage is at issue.

(9) The OMB 0970-0085 "General Testimony" shall be used to provide detailed information and evidence available to support the action requested in the "Child Support Enforcement Transmittal #1 - Initial Request."

(10) The OMB 0970-0085 "Letter of Transmittal Requesting Registration" shall be used to request registration of an existing order for enforcement and/or modification. The purpose of the form is to provide specific order information to the responding state. A separate "Letter of Transmittal Requesting Registration" shall be prepared for each order for which registration is being requested.

(11) The OMB 0970-0085 "Notice of Determination of Controlling Order" shall be used to notify the child support agencies and tribunals in other states of a determination of controlling order that has been made by a court in Ohio.

(12) The OMB 0970-0085 "Personal Information Form for UIFSA 311" shall be used to safeguard the privacy of individuals by providing a means to record personal information on a separate document that may be filed with a tribunal, but should not be filed in a public access file.

(13) The OMB 0970-0085 "Uniform Support Petition" shall be used as a legal pleading to provide the petitioner with a means to request specific action or relief, show enough facts to notify the respondent of the claim being made, and to assert that the responding tribunal has jurisdiction.

(14) The OMB 0970-0152 "Administrative Subpoena" shall be used to subpoena any financial or other information needed to establish, modify, or enforce a support order.

(15) The JFS 01132, "Notice of Lien" (effective or revised effective date as identified in rule 5101:12-55-99 of the Administrative Code) shall be used to request that a lien be placed on property owned by an obligor in a state other than Ohio.

(B) The initiating CSEA shall prepare and send UIFSA petitions consisting of forms described in paragraph (A) of this rule in the combinations listed in paragraphs (B)(1) to (B)(6) of this rule, to the ICR in the responding state for the purpose of requesting child support program actions as follows:

(1) To request the establishment of paternity and support, the initiating CSEA shall send:

(a) The "Child Support Agency Confidential Information Form";

(b) The "Personal Information Form for UIFSA 311";

(d) The "Uniform Support Petition";

(e) The "Declaration in Support of Establishing Parentage"; and

(f) The "General Testimony."

(2) To request the establishment of a support order, the initiating CSEA shall send:

(a) The "Child Support Agency Confidential Information Form";

(b) The "Personal Information Form for UIFSA 311";

(d) The "Uniform Support Petition"; and

(e) The "General Testimony."

(3) To request the modification of a controlling order that was issued in a state where the obligee or obligor resides, the initiating CSEA shall send:

(a) The "Child Support Enforcement Transmittal #1 - Initial Request";

(b) The "Uniform Support Petition"; and

(4) To request the registration for modification or the registration for modification and enforcement of a controlling order that was issued in a state other than the state where the obligee or obligor resides, the initiating CSEA shall send:

(a) The "Child Support Agency Confidential Information Form";

(b) The "Personal Information Form for UIFSA 311";

(d) The "Uniform Support Petition";

(e) The "General Testimony"; and

(f) The "Letter of Transmittal Requesting Registration."

(5) To request the enforcement of a controlling order that was issued in a state where the obligor resides, the initiating CSEA shall send the "Child Support Enforcement Transmittal #1 - Initial Request."

(6) To request the registration for enforcement of a controlling order that was issued in a state other than the state where the obligor resides, the initiating CSEA shall send:

(a) The "Child Support Agency Confidential Information Form";

(b) The "Personal Information Form for UIFSA 311";

(d) The "Letter of Transmittal Requesting Registration."

(C) In addition to the forms described in paragraph (B) of this rule, child support agencies in responding states may require that other documents be included in a UIFSA petition. The CSEA may contact the ICR in the state where the UIFSA petition will be sent to determine whether any additional documents are required.

(D) Forms are available at the office of child support enforcement (OCSE) website under the international resources section, for cases with countries for whom the convention on the international recovery of child support and other forms of family maintenance, concluded at "The Hague" on November 23, 2007, is in effect.

(E) Forms for cases with countries that are "Federal Reciprocating Countries" (FRC) with the United States are available at the OCSE website under the international resources section.

Last updated September 11, 2026 at 12:46 PM

History

Effective: August 1, 2023
Promulgated Under: 119.03

Chapter 5101:12-80 CSPC System

Ohio Adm.Code 5101:12-80-05 Collection and disbursement.

(A) The Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) of 1996, 110 Stat. 2105, 42 U.S.C. 654b, mandates all states to operate a state disbursement unit (SDU) for the purpose of collecting and disbursing support payments from a single physical location. The SDU will be integrated with a statewide automated child support system.

(B) In accordance with PRWORA and section 3121.43 of the Revised Code, a payment due under a support order will be collected and disbursed by the SDU in the office of child support (OCS) within the Ohio department of job and family services. SDU, which is integrated with the support enforcement tracking system (SETS), is divided into two operations:

(1) Child support payment central (CSPC), which is responsible for collecting and disbursing payments, and

(2) Payment analysis and account reconciliation (PAAR). PAAR has two sections:

(a) Payment analysis, which is responsible for completing financial corrections, establishing recoupment accounts, issuing manual checks, and processing exception items; and

(b) Account reconciliation, which is responsible for reconciling the accounts used by SDU, including return deposit items.

(1) "Cover the fiscal impact" means to credit the OCS master concentration account with funds from a make-whole account or from a child support enforcement agency (CSEA).

(2) "CSPC collection accounts" mean the bank, credit union, or savings and loan association accounts that are used by CSPC for depositing collections received at CSPC.

(3) "Exception item" means a payment that needs additional processing, as described in rule 5101:12-80-05.4 of the Administrative Code, to resolve the payment.

(4) "Make-whole accounts" mean the bank, credit union, or savings and loan association accounts that are used to reimburse the OCS master concentration account.

(5) "OCS master concentration account" means the bank, credit union, or savings and loan association account that OCS maintains in accordance with section 3121.48 of the Revised Code for the deposit of support payments OCS receives as trustee for remittance to the persons entitled to receive the support payments.

(6) "Post" means to apply a payment in the CSPC automated payment processing system to a case and order.

(7) "Posting identifiers" mean the five data elements used to post payments. They are the:

(a) SETS case number;

(b) Order or recoupment account number;

(d) Obligor's name; and

(e) Obligee's name.

(8) "Recoupment account" means a repayment account established by PAAR for the repayment of funds through CSPC.

(9) "Recollection account" means a CSPC vendor system account for repayment of funds for a previously returned deposit item.

(10) "Remitter" means any entity or individual (e.g., obligor, obligee, employer, financial institution, third party) that submits a payment to CSPC or a CSEA.

(11) "Remitter error" means any factual misstatement in the submission of a support payment and includes, but is not limited to: an incorrect posting identifier, payment amount, or payment distribution calculation contained within the payment or associated remittance documentation.

(D) Payments received by CSPC will be allocated and disbursed according to division 5101:12 of the Administrative Code.

(E) The CSEA will establish and maintain an e-mail account to serve as the CSEA's central point of contact with SDU for payment-related issues. The CSEA will:

(1) Name the e-mail account in accordance with the format "county name_financial" (e.g., franklin_financial);

(2) Ensure staff are available to monitor the e-mail account; and

(3) When a response is necessary, reply within one business day of receiving the incoming e-mail from SDU.

Last updated May 1, 2025 at 7:53 AM

History

Effective: May 1, 2025
Promulgated Under: 119.03

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

(A) The purpose of this rule is to describe the requirements regarding the collection of support payments at the child support enforcement agency (CSEA). Each CSEA will elect to accept collections or not to accept collections at the CSEA in accordance with this rule.

(B) Each CSEA will notify the office of child support (OCS) of the CSEA's decision to accept or not accept payments at the CSEA by the last day of March each year. The CSEA will notify OCS at least ten days prior to any changes. The JFS 07736, "Child Support Enforcement Agency Payment Processing Declaration" (effective or revised effective date as identified in rule 5101:12-80-99 of the Administrative Code) serves as the notification, and will be completed and signed by the CSEA director or administrator and submitted to OCS.

(C) The CSEA will maintain a depository account when the CSEA elects to accept cash payments. For the purposes of this rule, "CSEA depository account" means the bank, credit union, or savings and loan association account used for the sole purpose of transmitting payments to child support payment central (CSPC). A CSEA with a depository account will provide the following information to CSPC:

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

(2) CSEA depository account number; and

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

(D) A CSEA that does not accept payments will treat any payment type received by the CSEA as a misdirected payment and forward the payment, except cash, to CSPC.

(E) A payment received by the CSEA is a misdirected payment and will be forwarded to CSPC when the payment is:

(1) Submitted with remittance documentation indicating payment for more than one obligor;

(2) From a payor, as defined in paragraph (B)(3) of rule 5101:12-50-10 of the Administrative Code;

(3) From a financial institution; or

(4) Intended to credit a recollection account.

(F) A CSEA that submits a JFS 07736 indicating the CSEA accepts payments will post any payment type received by the CSEA that the CSEA has indicated they will accept on the JFS 07736, subject to the remitter providing sufficient information to allow the CSEA to post the payment.

(1) A CSEA that elects to accept payments will:

(a) Maintain a CSEA depository account for cash payments.

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

(i) That cash payments made at the CSEA may be identified as being made on the next business day.

(ii) Unless the payment was made with cash, the obligor will receive conditional credit until the payment clears the financial institution and the payment is reflected in the support enforcement tracking system (SETS). The obligor will not receive relief from any enforcement actions taken by the CSEA until the payment is reflected in SETS;

(iii) Of the acceptable payment types listed on the JFS 07736 that are collected at the CSEA or alternate location.

(d) Ensure adequate funds are available in the CSEA depository account to cover the previous day cash postings;

(e) Accept payment types listed on the JFS 07736 that are collected at the CSEA or satellite location; and

(f) Treat any payment type a CSEA elected not to accept as a misdirected payment in accordance with paragraph (D) of this rule.

(2) Any payments submitted by hand, mail, drop-off, or any other means with sufficient posting identifiers and that is not identified as a misdirected payment will be posted within one business day.

(3) The CSEA employee that collects and posts the payment will not be the CSEA employee that balances and prepares the deposit for release to CSPC, unless a waiver has been granted by the office of child support services (OCSS).

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

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

(G) When the CSEA forwards a payment to CSPC, the CSEA:

(1) Will forward the payment, including the remittance documentation and original envelope, to CSPC that contained the payment for processing;

(2) May mark the date received on the envelope, but will not further mark on the envelope or payment instrument;

(3) May attach a separate document to the misdirected payment that includes any posting identifiers known to the CSEA, when the remitter fails to include posting instructions with a misdirected payment; and

(4) Will record the payment on a written or electronic log maintained at the CSEA that contains the following information:

(a) Remitter name;

(b) Payment amount;

(d) Date of the instrument.

The CSEA will retain the log for thirty days, and subsequently follow the CSEA's record retention requirements described in rule 5101:12-1-25 of the Administrative Code.

Last updated May 1, 2025 at 7:54 AM

History

Effective: May 1, 2025
Promulgated Under: 119.03

Ohio Adm.Code 5101:12-80-05.2 Date of collection.

(A) The date of collection is the date assigned to the deposit within the child support payment central (CSPC) automated payment processing system.

(B) The date of collection for internal revenue service (IRS) payments is the date the office of child support (OCS) receives the tax offset file from the federal office of child support services.

(C) A payment received by CSPC after the financial processing is completed for the day is considered to be received on the next business day.

Last updated May 1, 2025 at 7:54 AM

History

Effective: May 1, 2025
Promulgated Under: 119.03

Ohio Adm.Code 5101:12-80-05.3 Payment processing and disbursement.

(A) Payment processing involves five steps:

(1) A payment is deposited in a child support payment central (CSPC) collection account and transferred to the office of child support master concentration account.

(2) The payment is posted when there is sufficient information, including at least two of the five posting identifiers, as defined in paragraph (C) of rule 5101:12-80-05 of the Administrative Code, all without conflict.

(3) The payment is transferred via electronic file from the CSPC automated payment processing system to the support enforcement tracking system (SETS).

(4) The payment is applied to the corresponding case/order combination or recoupment account in SETS.

(5) The payment is disbursed.

(B) A payment that is not an exception item will be disbursed within the following time frames:

(1) Described in rules 5101:12-50-32 to 5101:12-50-32.10 of the Administrative Code, when the payment is a federal income tax refund offset payment;

(2) Within fifteen days after the end of the month of collection, when the payment is assigned under a Title IV-E foster care maintenance assignment;

(3) Within two business days after the end of the month of collection, when:

(a) The payment was assigned pursuant to an Ohio works first assignment during the month of collection;

(b) The payment is for the amount of funds retained by the state that exceeds the amount of cash assistance paid to the family; and

(4) Within two business days of the date of collection, for any other payment.

(C) In accordance with Part 302.38 of Chapter III of Title 45 of the Code of Federal Regulations (12/20/2016), a payment that is to be made to a family will be made directly to the:

(1) Resident parent;

(2) Legal guardian;

(3) Caretaker relative having custody of or responsibility for the child;

(4) Judicially-appointed conservator with a legal duty to the custodial parent and the child; or

(5) An alternate caretaker designated in a record by the custodial parent. "Alternate caretaker" means a nonrelative caretaker who is designated in a record by the custodial parent to take care of the child for a temporary time period.

Last updated May 1, 2025 at 7:54 AM

History

Effective: May 1, 2025
Promulgated Under: 119.03

Ohio Adm.Code 5101:12-80-05.4 Exception item processing and resolution.

(A) The purpose of this rule is to identify the responsibilities of the office of child support (OCS) and the child support enforcement agency (CSEA) to process an exception item in order to disburse the payment.

(B) Suspense payment.

(1) A suspense payment is a payment that is deposited and viewable in the child support payment central (CSPC) automated system, but is not applied to a support enforcement tracking system (SETS) case/order number, a recoupment account, or a recollection account.

(2) The CSEA will research a suspense payment when requested by CSPC. The CSEA will reply with instructions on how to apply the payment within two business days of receiving the request from CSPC.

(1) An unidentified payment is a payment that has been deposited and posted by CSPC to SETS, but cannot be applied to the correct case/order combination or recoupment account due to SETS system processing rules (e.g., case closed). An unidentified payment will display on the unidentified payment list in SETS.

(2) The CSEA will review the unidentified payment list in SETS each business day to research and resolve an unidentified payment. The CSEA will immediately take the necessary action (e.g., reopen case) and release the payment from the unidentified list.

(D) Misapplied payment.

(1) A misapplied payment is a payment or a portion of a payment that has been applied incorrectly. A misapplied payment is the result of:

(a) A CSPC processing error or when the payment information forwarded from CSPC differs from the instructions provided; or

(b) A CSEA case management error including:

(i) A case setup error;

(ii) A case update error;

(iii) A delay in updating a case timely;

(iv) An incorrect balance caused by a manual balance adjustment error; or

(v) When the CSEA provides incorrect posting instructions.

(2) When a misapplied payment occurs due to a CSEA error, within two business days of the CSEA becoming aware of the error, the CSEA will take appropriate actions to resolve the misapplied payment. When necessary, the CSEA will submit through SETS a request to payment analysis and account reconciliation (PAAR) for a financial correction to resolve a misapplied payment.

(3) PAAR will complete a financial correction to resolve a misapplied payment when necessary, either upon a financial correction request from the CSEA or CSPC, or based on PAAR research. When PAAR denies a financial correction request, PAAR will notify the CSEA of the reason for denial.

(E) Incorrect disbursement.

(1) An incorrect disbursement occurs when a misapplied payment is disbursed.

(2) When an incorrect disbursement occurs because of an OCS error, funds will be transferred from a make-whole account to the OCS master concentration account and a payment will be disbursed to the correct payee.

(3) When an incorrect disbursement occurs because of a CSEA error, the CSEA will cover the fiscal impact. Unless alternate arrangements have been made with OCS, OCS will withhold from the monthly summary accounting report check an amount equal to the amount of funds that was incorrectly disbursed, and a payment will be disbursed to the correct payee.

(F) Return deposit item.

(1) A return deposit item (RDI) is a payment that has been deposited and is returned unpaid by the remitter's financial institution. This includes checks with non-sufficient funds, checks lacking an endorsement, and checks from a closed account.

(2) When CSPC deposits a payment that is returned unpaid by the remitter's financial institution, CSPC may take action to prevent receiving another RDI from the same remitter. Subsequent payments from the remitter will be in the form of certified check, money order, or cashiers check. The RDI may be sent to the attorney general or a collection agency for recovery.

(3) When the CSEA learns that the remitter has requested or may request a stop payment on a check issued to CSPC, the CSEA will notify CSPC by email to the CSPC finance mailbox. If the CSEA fails to notify CSPC of a known stop payment or to comply with payment processing protocols as indicated on the JFS 07736, "Child Support Enforcement Agency Payment Processing Declaration" (effective or revised effective date as identified in rule 5101:12-80-99 of the Administrative Code), which results in an RDI, the CSEA will cover the fiscal impact of the RDI.

Last updated May 1, 2025 at 7:54 AM

History

Effective: May 1, 2025
Promulgated Under: 119.03

Ohio Adm.Code 5101:12-80-05.5 Check replacement.

(A) This rule describes the process to replace a check issued by child support payment central (CSPC) when the check is lost, stolen, destroyed, issued in error, or mutilated.

(B) When a check is mutilated, the payee may request a replacement check. The payee will submit the mutilated check to the child support enforcement agency (CSEA). The CSEA will then mark "void" on the mutilated check and fax or email a copy of the JFS 07741, "Child Support Payment Central (CSPC) Check Void Request" (effective or revised effective date as identified in rule 5101:12-80-99 of the Administrative Code) and the mutilated check to CSPC.

(C) When the original check was lost, stolen, or destroyed, the payee may request a replacement check. The CSEA will verify whether the original check has been redeemed. The CSEA will complete the verification no earlier than fourteen days after the date that the original check was issued.

(1) When the original check is not redeemed, the CSEA will have the payee complete the JFS 04021, "Affidavit for stop payment" (effective or revised effective date as identified in rule 5101:12-80-99 of the Administrative Code), and return the JFS 04021 to the CSEA. The CSEA will then complete the JFS 07749, "Child Support Payment Central (CSPC) Stop Payment Request" (effective or revised effective date as identified in rule 5101:12-80-99 of the Administrative Code), and will submit both documents to CSPC.

(2) When the original check is redeemed, the CSEA will notify the payee that the original check has been redeemed and is not eligible for replacement.

Last updated May 1, 2025 at 7:54 AM

History

Effective: May 1, 2025
Promulgated Under: 119.03

Ohio Adm.Code 5101:12-80-05.6 Recoupment.

(A) Recoupment is a process that is used to:

(1) Recover an incorrect disbursement in order to reimburse an entity that covered the fiscal impact of a misapplied payment;

(2) Refund overpaid child support to an obligor upon termination of a support order, in response to a request from an obligor for the refund or pursuant to an order. "Overpaid child support" has the same meaning as in rule 5101:12-50-20 of the Administrative Code; or

(3) Recover an internal revenue service (IRS) adjustment in accordance with rule 5101:12-50-32.9 of the Administrative Code.

(B) The child support enforcement agency (CSEA) shall not use the recoupment process to:

(1) Return to the obligor a payment that allocates to future monthly obligations when there is an ongoing support obligation.

(2) Recover funds from an obligee that were received due to an incorrect disbursement in order to issue the funds directly to the correct obligee.

(C) When an erroneous payment is the result of a remitter error, the remitter is responsible for resolving the error. When the CSEA elects to assist a remitter, via the recoupment process, in recovering a payment issued as a result of a remitter error, the CSEA shall cover the fiscal impact of the remitter error.

(D) When a CSEA covered the fiscal impact of an incorrect disbursement or a remitter error and funds are recovered, the recovered funds will be issued to the CSEA.

(E) Upon determining that a recoupment is necessary, the CSEA:

(1) Shall submit the JFS 07031, "Recoupment Account Creation Request" (effective or revised effective date as identified in rule 5101:12-80-99 of the Administrative Code), to payment analysis and account reconciliation (PAAR).

(2) Shall issue the JFS 04090, "Notice of Erroneous Payment" (effective or revised effective date as identified in rule 5101:12-80-99 of the Administrative Code), to the person who received the funds, when there is no order requiring the repayment of funds. When a person fails to complete the JFS 04090, the CSEA may recover the funds by filing an action with a court requesting an order for repayment of the amount due.

(3) May issue the JFS 04090 to the obligee when the recoupment is to recover overpaid child support in accordance with rule 5101:12-50-20 of the Administrative Code.

(F) PAAR shall establish a recoupment account when PAAR determines that such an account is necessary, either in response to receiving a JFS 07031 from a CSEA or through PAAR's own research. Upon establishing the recoupment account, PAAR will notify the CSEA that the recoupment account has been established.

(G) A recoupment account shall not be satisfied through the deduction of child support payments unless the obligee has consented to the action via the JFS 04090 or the court has ordered the action.

(H) The CSEA is responsible for the enforcement of the recoupment account. When a person wants to change the terms of an existing JFS 04090, the CSEA shall:

(1) Issue a new JFS 04090 to the person; and

(2) Upon receipt of the new JFS 04090 that has been signed by the person, submit the JFS 07026, "Recoupment Account Maintenance Request" (effective or revised effective date as identified in rule 5101:12-80-99 of the Administrative Code), to PAAR.

(I) Financial corrections shall not be utilized to redirect funds from a case/order combination to a recoupment account unless there is a misapplied payment.

(J) When a person consents on the JFS 04090 to apply support payments due to the person as an obligee in a case/order combination towards repayment on a recoupment account, the payments will first allocate to the case/order combination before being applied to the recoupment account.

(K) The CSEA shall not use administrative techniques authorized for the purpose of collecting support payments (e.g., income withholding, case establishment in SETS, monetary sub-orders) to enforce a recoupment account.

(L) The CSEA will use the JFS 07026, "Recoupment Account Maintenance Request" (effective or revised effective date as identified in rule 5101:12-80-99 of the Administrative Code), to request that PAAR modify, close, or delete a recoupment account. A recoupment account may only be deleted when the request is received the same day that the recoupment account was established.

Last updated April 11, 2025 at 11:19 AM

History

Effective: February 15, 2020
Promulgated Under: 119.03

Ohio Adm.Code 5101:12-80-07 Mandatory electronic disbursement.

(A) In accordance with section 3121.50 of the Revised Code, the office of child support, Ohio department of job and family services, is authorized to issue, and support obligees required to accept the issuance of, support payments by means of electronic disbursement. The purpose of electronic disbursement of support payments is to reduce the time to deliver support payments to obligees.

(B) "Electronic disbursement" means a form of electronic funds transfer by means of direct deposit to a bank, savings and loan, or credit union account, or transfer to a stored-value card.

(C) Issuance of support payments by paper check from the office of child support shall cease as soon as practicable and payments to support obligees shall be delivered by electronic disbursement.

(D) Unless the obligee can establish the existence of circumstances that would render access to funds disbursed by electronic means impossible, a request by an obligee to continue to receive payments by paper check will not be granted.

(E) An obligee may request an exception to mandatory electronic disbursement by submitting a completed JFS 07010, "Request for Exception to Electronic Disbursement Enrollment" (effective or revised effective date as identified in rule 5101:12-80-99 of the Administrative Code) to Ohio child support payment central.

Last updated January 6, 2026 at 10:26 AM

History

Effective: June 1, 2021
Promulgated Under: 119.03

Ohio Adm.Code 5101:12-80-09 Unreimbursed assistance.

(A) The unreimbursed assistance (URA) is the total amount of assistance paid to the family that has not been reimbursed from child support and spousal support collections retained by the Ohio department of job and family services pursuant to the assignment of support. This rule describes when assistance paid to the family is to be included in the URA.

(B) Definitions.

(1) The following definitions apply to all rules in division 5101:12 of the Administrative Code.

(a) "Assistance" and "assistance paid to the family" have the same meaning as in action transmittal 99-10 (9/15/1999), which can be located on the federal office of child support enforcement's website.

(b) "Unreimbursed assistance" means the cumulative amount of assistance paid to the family that has not been repaid by retained assigned support collections.

(2) The following definitions apply to this rule:

(a) "Caretaker" means an adult or minor head of household with whom a child who receives Ohio works first (OWF) or medicaid resides but is not the parent of the minor child.

(b) "Family" means a unit of people who receive OWF benefits together. A "family" is either a parent/child family or caretaker/child family, as described in paragraph (C) of this rule.

(i) An individual who has not attained the age of eighteen; or

(ii) An individual who has not attained the age of nineteen and is a full-time student in a secondary school or in the equivalent level of vocational or technical training.

(1) A minor child who resides with a parent and receives OWF benefits is considered a parent/child family, for OWF URA purposes. Any OWF paid to that parent/child family is added to that parent/child family's OWF URA. The parent/child family can also include any of the following:

(a) The parent or parents of the minor child, when the parent or parents receive OWF benefits with that parent/child family.

(b) A sibling, step-sibling, or half-sibling of the minor child, when the sibling receives OWF benefits with that parent/child family.

(c) A minor child of any of the minor children of the family, when that minor child receives OWF benefits with that parent/child family.

(d) A minor child who is temporarily absent from the parent's home, when that minor child continues to receive OWF benefits with that parent/child family.

(2) A minor child who resides with a caretaker and receives OWF benefits is considered a caretaker/child family, for OWF URA purposes. Any OWF paid to that caretaker/child family is added to that caretaker/child family's OWF URA. The caretaker/child family can also include any of the following:

(a) The caretaker of the minor child, when the caretaker receives OWF benefits with that caretaker/child family.

(b) A sibling of the minor child who resides with the family, when the sibling receives OWF benefits with that caretaker/child family.

(c) A minor child of any of the minor children of the family who resides with the family, when that minor child receives OWF benefits with that caretaker/child family.

(3) When any member of the family no longer receives OWF benefits with that family, then that member is no longer included in that family's OWF URA. When that member receives OWF benefits with or as a new family, any OWF paid to the new family is added the new family's OWF URA. Any OWF paid to the original family is not added to the new family's OWF URA.

(D) Title IV-E foster care maintenance (FCM) URA.

(1) When a minor child receives FCM benefits, any FCM paid for that minor child is added to that minor child's FCM URA.

(2) When that child had received OWF benefits with a family before receiving FCM benefits, then the OWF paid to that family is not added to the child's FCM URA. When a child had received FCM benefits before receiving OWF benefits with a family, any FCM benefits paid to the child is not added to the family's OWF URA.

(E) The total amount of URA paid to the family that may be recovered through the IV-D program is limited by the total amount of the assigned support obligation.

Last updated October 12, 2023 at 11:18 AM

History

Effective: January 15, 2014
Promulgated Under: 119.03

Ohio Adm.Code 5101:12-80-10 Allocation hierarchy for support collections.

(A) All support collections shall allocate according to the standard hierarchy described in this rule except as follows:

(1) When a support collection is received from unemployment compensation, the collection shall not allocate to spousal support, processing charges, or debt.

(2) When a support collection is received from a state income tax refund offset, the collection shall not allocate to processing charges or debt.

(3) When a support collection is received from a federal income tax refund offset, the collection shall allocate in accordance with rule 5101:12-80-10.1 of the Administrative Code.

(B) Unless otherwise noted, the following definitions are applicable to all rules in Chapter 5101:12-80 of the Administrative Code:

(1) "Accrue" means to add the unpaid portion of the current obligation to any previously accumulated arrears.

(2) "Arrears" means the cumulative amount of any unpaid current obligation, unpaid processing charges, and any other debt owed by the obligor.

(3) "Assigned arrears" means:

(a) Child, past care, or spousal support arrears that are assigned to the Ohio department of job and family services (ODJFS) pursuant to a public assistance assignment.

(b) Child support arrears that are assigned to ODJFS pursuant to a Title IV-E foster care maintenance (FCM) assignment.

(4) "Conditionally assigned arrears" means child, past care, or spousal support arrears that accrued before the child or family received public assistance when the assignment was entered into before October 1, 2009.

(a) "Assigned conditionally assigned arrears" means arrears that accrued before the child or family received public assistance and are temporarily assigned to ODJFS while the child or family currently receives public assistance.

(b) "Unassigned conditionally assigned arrears" means the child or family no longer receives public assistance so the arrears are unassigned unless the collection is from a federal tax refund offset. When the collection is from a federal tax refund offset, the arrears are assigned to ODJFS.

(5) "Current obligation" means the amount the obligor is ordered to pay each month for any of the following:

(a) Current child support.

(b) Current spousal support.

(d) Current ongoing medical support.

Current obligation does not include arrears, debt, processing charges, or other charges.

(6) "Debt," for the purposes of this rule and its supplemental rules, means an amount owed by the obligor for any of the following:

(a) Attorney fees.

(b) Court costs.

(d) Genetic testing costs.

(e) Interest.

(f) Other fees.

(7) "Determination," for the purposes of this rule and its supplemental rules, means the amount of arrears or other debt has been established by the default process as described in Chapter 5101:12-55 of the Administrative Code, court order(s), or other legally-binding process.

A determination is also referred to as an "adjudication."

(8) "Futures" means support collections received that exceed the current obligation and all ordered payments, arrears, debts and balances.

(a) "Assigned futures" means futures that accrue while the family or child receive public assistance or the child receives FCM benefits.

(b) "Unassigned futures" means futures that accrue while the family is not receiving public assistance and the child is not receiving public assistance or FCM benefits.

(9) "Never assigned arrears" means:

(a) Child, past care, or spousal support arrears that accrue while the child or family does not receive public assistance.

(b) Child support arrears that accrue while the child does not receive FCM benefits.

(10) "Ordered payment" means a monthly payment obligation based upon a determination.

(11) "Past care support" means an amount a court orders pursuant to division (F) of section 3111.13 of the Revised Code for the obligor to pay for the support of a child for the period of time before the establishment of a child support order.

"Past care support" does not include child support arrears that accrue because of failure to pay or because a support order has an effective date that is before the date the support order is journalized.

(12) "Permanently assigned arrears" means:

(a) Child, past care, or spousal support arrears that accrued before or while the child or family received public assistance, when the public assistance assignment was entered into before October 1, 1997.

(b) Child, past care, or spousal support arrears that accrue while the child or family receives public assistance, when the public assistance assignment is entered into on or after October 1, 1997.

(i) Child support arrears that accrue while the child receives FCM benefits; and

(ii) Child support arrears that accrued before the child was receiving FCM benefits that are assignable, as described in rule 5101:12-80-14.2 of the Administrative Code.

(13) "Public assistance," means Ohio works first and aid to families with dependent children benefits.

(14) "Unassigned arrears" means arrears that are not assigned pursuant to a public assistance, FCM, or medicaid assignment.

(a) "Unassigned during assistance arrears" means the amount of permanently assigned arrears that exceed the URA amount when the child or family stops receiving public assistance.

Unassigned during assistance arrears do not accrue.

(b) "Unassigned pre-assistance arrears" means the amount of previously assigned arrears that accrued before the family or child received public assistance or before the child received FCM benefits and that exceed the URA amount when:

(i) The child or family stops receiving public assistance; or

(ii) The child stops receiving FCM benefits, in accordance with paragraph (D) of rule 5101:12-80-14.2 of the Administrative Code.

Unassigned pre-assistance arrears are converted to never assigned arrears when public assistance or FCM benefits stop.

(15) "Unreimbursed assistance" has the same meaning as in rule 5101:12-80-09 of the Administrative Code.

(1) First to the current obligation in the following order:

(a) Child support;

(b) Spousal support;

(d) Ongoing medical support;

(2) Then to ordered payments in the following order:

(a) Child support arrears;

(b) Past care support;

(d) Cash medical support arrears;

(e) Ongoing medical support arrears;

(f) Reimbursement for birth costs ordered to be paid to ODJFS;

(g) Reimbursement for medical expenses other than birth costs ordered to be paid to ODJFS;

(h) Reimbursement for medical expenses ordered to be paid to an individual other than ODJFS;

(3) Then to processing charges for the current obligation when the case has an active income withholding notice.

(4) Then according to the following hierarchy:

(a) For a case not currently receiving public assistance or FCM benefits:

(i) First to never assigned arrears in the following order:

(a) Child support;

(b) Past care support;

(ii) Then to unassigned conditionally assigned arrears in the following order:

(a) Child support;

(b) Past care support;

(iii) Then to permanently assigned arrears in the following order:

(a) Child support;

(b) Past care support;

(iv) Then to assigned medical support arrears in the following order:

(a) Cash medical support;

(b) Ongoing medical support;

(d) Reimbursement for medical expenses other than birth costs ordered to be paid to ODJFS;

(v) Then to unassigned during assistance arrears in the following order:

(a) Child support;

(b) Past care support;

(vi) Then to unassigned medical support arrears in the following order:

(a) Cash medical support;

(b) Ongoing medical support;

(b) For a case currently receiving public assistance or FCM benefits:

(i) First to permanently assigned arrears in the following order:

(a) Child support;

(b) Past care support;

(ii) Then to assigned conditionally assigned arrears in the following order:

(a) Child support;

(b) Past care support;

(iii) Then to unassigned conditionally assigned arrears in the following order:

(a) Child support;

(b) Past care support;

(iv) Then to never assigned arrears in the following order:

(a) Child support;

(b) Past care support;

(v) Then to assigned medical support arrears in the following order:

(a) Cash medical support;

(b) Ongoing medical support;

(d) Reimbursement for medical expenses other than birth costs ordered to be paid to ODJFS;

(vi) Then to unassigned during assistance arrears in the following order:

(a) Child support;

(b) Past care support;

(vii) Then to unassigned medical support arrears in the following order:

(a) Cash medical support;

(b) Ongoing medical support;

(5) Then to processing charges for the current obligation when the case does not have an active income withholding notice;

(6) Then to ordered payments on debt in the following order:

(a) Genetic testing fees;

(b) Court costs;

(d) Attorney fees;

(e) Other fees;

(f) Interest on unassigned arrears;

(g) Interest on assigned arrears;

(h) Interstate processing fees;

(7) Then to processing charge arrears;

(8) Then to debt in the following order:

(a) Genetic testing fees;

(b) Court costs;

(d) Attorney fees;

(e) Other fees;

(f) Interest on unassigned arrears;

(g) Interest on assigned arrears;

(h) Interstate processing fees;

(9) Then any remaining funds shall:

(a) Allocate to the current obligation(s) for the future month(s); or

(b) Be issued to the obligor when:

(i) The current obligation has been terminated or the current obligation is zero but collections continue to be received;

(ii) The collection is from an Ohio state income tax refund offset;

(iii) The collection is from unemployment compensation; or

(iv) The collection is appropriately identified as a lump sum payment.

Last updated January 6, 2026 at 10:27 AM

History

Effective: February 1, 2016
Promulgated Under: 119.03

Ohio Adm.Code 5101:12-80-10.1 Allocation hierarchy for federal income tax refund offset collections.

(A) A federal income tax refund offset collection shall allocate to arrears that are eligible to be submitted for federal refund tax offset, as described in paragraph (C) of rule 5101:12-50-32.1 of the Administrative Code.

(B) The collection shall allocate according to the following hierarchy:

(1) First to permanently assigned child support arrears;

(2) Then to permanently assigned past care support arrears;

(3) Then to permanently assigned spousal support arrears;

(4) Then to assigned conditionally assigned child support arrears;

(5) Then to assigned conditionally assigned past care support arrears;

(6) Then to assigned conditionally assigned spousal support arrears;

(7) Then to unassigned conditionally assigned child support arrears;

(8) Then to unassigned conditionally assigned past care support arrears;

(9) Then to unassigned conditionally assigned spousal support arrears;

(10) Then to never assigned child support arrears;

(11) Then to never assigned past care support arrears;

(12) Then to never assigned spousal support arrears;

(13) Then to assigned cash medical support arrears;

(14) Then to assigned ongoing medical support arrears;

(15) Then to reimbursement for birth costs ordered to be paid to the Ohio department of job and family services (ODJFS);

(16) Then to reimbursement for medical expenses other than birth costs ordered to be paid to ODJFS;

(17) Then to unassigned during assistance child support arrears;

(18) Then to unassigned during assistance past care support arrears;

(19) Then to unassigned during assistance spousal support arrears;

(20) Then to unassigned cash medical support arrears;

(21) Then to unassigned ongoing medical support arrears;

(22) Then to reimbursement for medical expenses ordered to be paid to an individual other than ODJFS.

(C) Any remaining funds shall be issued to the obligor unless the child support enforcement agency has negotiated an alternative allocation with the obligor.

Last updated January 6, 2026 at 10:27 AM

History

Effective: February 1, 2016
Promulgated Under: 119.03

Ohio Adm.Code 5101:12-80-10.2 Prorating support collections.

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

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

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

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

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

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

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

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

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

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

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

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

(b) Then, for each qualified support order:

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

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

(2) When the collection is a lump sum payment and is not sufficient to satisfy the total arrears obligations owed on the qualified support orders:

(a) First, add the arrears amount owed for each qualified support order to determine the total arrears amount;

(b) Then, for each qualified support order:

(i) Divide the arrears amount for each order by the total arrears amount to determine the prorated percentage for each order; then

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

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

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

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

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

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

(4) When all of the monthly obligations, arrears, and debts are satisfied and funds remain from the collection, allocate any remaining funds to the current obligation(s) for the future month(s), for each qualified support order:

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

(b) Then, for each qualified support order:

(i) Divide the balance of the collection by the total monthly obligation amount to determine the prorated percentage; and

(ii) Multiply the monthly obligation by the prorated percentage to determine the amount of the balance to apply to the order.

(5) When the collection is a lump sum payment, and the collection equals or exceeds the total amount of arrears owed on the qualified support orders:

(a) Satisfy all of the arrears owed on the qualified support orders, then

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

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

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

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

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

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

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

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

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

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

Last updated April 1, 2026 at 12:04 AM

History

Effective: April 1, 2026
Promulgated Under: 119.03

Ohio Adm.Code 5101:12-80-14 Limited assignment, PRWORA assignment, and distribution of assigned support collections.

(A) The purpose of this rule is to provide definitions and describe the provisions of limited assignment and Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA) assignment. This rule and its supplemental rules do not apply to medical support.

(B) The following definitions are applicable to this rule and its supplemental rules:

(1) "Assignment period" means a finite time period when support is assigned because public assistance or Title IV-E foster care maintenance (FCM) benefits are received. Any break in the public assistance or FCM benefits is a termination of the assignment period.

(2) "Current assistance case" means a IV-D case currently receiving public assistance or FCM benefits.

(3) "Distribution" means the monthly process of determining the amount of a support collection the Ohio department of job and family services (ODJFS) is entitled to retain pursuant to a public assistance or FCM assignment, and the amount of the collection owed to the family.

(a) The support enforcement tracking system (SETS) calculates distribution during month end processing.

(b) The child support enforcement agency (CSEA) shall use the JFS 07027, "Single Order Distribution Record" (effective or revised effective date as identified in rule 5101:12-80-99 of the Administrative Code), and JFS 07028, "Multiple Order Distribution Record" (effective or revised effective date as identified in rule 5101:12-80-99 of the Administrative Code), to complete distribution on support collections received before a case was converted to SETS.

(4) "Former assistance case" means a IV-D case that formerly received public assistance or FCM benefits.

(5) "Limited assignment," in accordance with 42 U.S.C. 608(a)(3) (June 18, 2008), means child, past care, or spousal support is assigned to ODJFS pursuant to a public assistance assignment only during the period that the child or family receives public assistance.

"Limited assignment" applies to child, past care, and spousal support that is assigned on or after October 1, 2009.

(6) "Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA) assignment" means child, past care, or spousal support is assigned to ODJFS pursuant to a public assistance assignment in accordance with paragraph (D) of this rule.

"PRWORA assignment" applies to child, past care, and spousal support that is assigned on or after October 1, 1997 and before October 1, 2009.

(7) "Public assistance" is defined in rule 5101:12-80-10 of the Administrative Code.

(8) "Sweep" means the transfer of a balance amount from one account to another as a result of an assignment period starting or terminating.

(1) Any public assistance assignment period that starts on or after October 1, 1997 and before October 1, 2009 is subject to PRWORA assignment provisions, including a public assistance assignment period that starts before October 1, 2009 and is still active on October 1, 2009.

(2) Any public assistance assignment period that starts on or after October 1, 2009 is subject to limited assignment provisions.

PRWORA assignment and limited assignment provisions only apply to a public assistance assignment and do not apply to an FCM or medicaid assignment.

(D) PRWORA assignment provisions.

(1) Upon the effective date of the public assistance assignment period:

(a) Current support is assigned to ODJFS.

(b) Unassigned arrears sweep to conditionally assigned arrears.

(i) Never assigned arrears sweep to assigned conditionally assigned arrears.

(ii) Unassigned conditionally assigned arrears sweep to assigned conditionally assigned arrears.

(iii) Unassigned during assistance arrears sweep to assigned conditionally assigned arrears.

(d) Unassigned futures shall be used to reduce the next month's current obligation.

When unassigned futures were issued to the obligee before the effective date of the assignment period, the CSEA shall not recoup the funds from the obligee.

(2) During the assignment period, arrears that accrue are permanently assigned arrears.

(3) Upon termination of the public assistance assignment period:

(a) Current support is unassigned.

(b) Support arrears are treated as follows:

(i) Permanently assigned arrears that are:

(a) Less than or equal to the unreimbursed assistance (URA) amount remain permanently assigned arrears.

(b) Greater than the URA amount sweep to unassigned during assistance arrears.

(ii) Conditionally assigned arrears that are:

(a) Less than or equal to the remaining URA amount (after the comparison to permanently assigned arrears has been done) sweep to unassigned conditionally assigned arrears.

(b) Greater than the URA amount sweep to never assigned arrears.

(i) Assigned futures sweep to unassigned futures.

(ii) Unassigned futures remain unassigned.

(E) Limited assignment provisions.

(1) Upon the effective date of the public assistance assignment period:

(a) Current support is assigned to ODJFS.

(b) Unassigned arrears remain unassigned arrears.

(i) Never assigned arrears remain never assigned arrears.

(ii) Unassigned conditionally assigned arrears, created by termination of a previous public assistance assignment period that was subject to PRWORA assignment provisions, shall remain unassigned conditionally assigned arrears.

(iii) Unassigned during assistance arrears, created by termination of a previous public assistance assignment period that was subject to PRWORA assignment provisions, shall remain unassigned during assistance arrears.

(d) Unassigned futures shall be used to reduce the next month's current obligation.

When unassigned futures were issued to the obligee before the effective date of the assignment period, the CSEA shall not recoup the funds from the obligee.

(2) During the assignment period, arrears that accrue are permanently assigned arrears.

(3) Upon termination of the public assistance assignment period:

(a) Current support is unassigned.

(b) Unassigned arrears remain unassigned arrears.

(i) Never assigned arrears remain never assigned arrears.

(ii) Unassigned conditionally assigned arrears, created by termination of a previous public assistance assignment period that was subject to PRWORA assignment provisions, remain unassigned conditionally assigned arrears.

(iii) Unassigned during assistance arrears, created by termination of a previous public assistance assignment period that was subject to PRWORA assignment provisions, remain unassigned during assistance arrears.

(i) Less than or equal to the URA amount remain permanently assigned arrears.

(ii) Greater than the URA amount sweep to never assigned arrears.

(d) Futures are treated as follows:

(i) Assigned futures sweep to unassigned futures.

(ii) Unassigned futures remain unassigned.

Last updated January 6, 2026 at 10:27 AM

History

Effective: October 1, 2021
Promulgated Under: 119.03

Ohio Adm.Code 5101:12-80-14.1 Distribution of assigned support in a Title IV-D public assistance case.

(A) The purpose of this rule is to describe distribution in a Title IV-D public assistance case.

(B) In a current assistance case, support collections shall be distributed as follows:

(1) Current obligation.

(a) The amount collected for and applied to the current obligation that is less than or equal to the current month's public assistance grant shall be retained and used to reimburse the current month's public assistance grant.

Following reimbursement, the balance of the current month's public assistance grant shall be added to the unreimbursed assistance (URA) amount.

(b) The amount collected for and applied to the current obligation that exceeds the current month's public assistance grant shall be retained and used to reimburse the URA.

(c) The amount collected for and applied to the current obligation that exceeds the current month's public assistance grant and the URA amount shall be owed to the obligee.

(2) Arrears.

(a) The amount collected for and applied to assigned arrears that is less than or equal to the URA amount shall be retained and used to reimburse the URA.

(b) The amount collected for and applied to assigned arrears that is greater than the URA amount shall be owed to the obligee.

(3) Futures.

The amount collected for and applied to assigned futures shall be held and applied to the current obligation(s) in the following month(s).

(1) Current obligation.

The amount collected for and applied to the current obligation shall be issued to the obligee.

(2) Arrears.

(a) The amount collected and applied to unassigned arrears shall be issued to the obligee.

(b) The amount collected and applied to permanently assigned arrears shall be retained and used to reimburse the URA.

(c) The amount collected from a federal tax refund offset and applied to conditionally assigned arrears shall be retained and used to reimburse the URA.

Last updated January 6, 2026 at 10:27 AM

History

Effective: June 1, 2021
Promulgated Under: 119.03

Ohio Adm.Code 5101:12-80-14.2 Assignment and distribution in a Title IV-D/Title IV-E foster care maintenance case.

(A) The purpose of this rule is to describe the provisions of assignment and distribution in a Title IV-D/Title IV-E foster care maintenance (FCM) case.

(B) Upon the effective date of the FCM assignment period:

(1) Current child support is assigned to Ohio department of job and family services (ODJFS).

(2) Never assigned child support arrears sweep to permanently assigned child support arrears.

(1) "FCM non-waiver case" means a case in which distribution is completed using:

(a) The actual IV-E grant amount, when the amount is available; or

(b) A predetermined average IV-E grant amount, when the actual IV-E grant amount is not available.

(2) "FCM waiver case" means a case in which distribution is completed using:

(a) The actual IV-E grant amount, when the amount is available, based on their reimbursable maintenance costs; or

(b) A predetermined average IV-E grant amount, when the actual IV-E grant amount is not available.

(3) "Grant amount" means the amount of Title IV-E funds the Title IV-E agency spends on an FCM-eligible child in a calendar month.

(a) "Actual IV-E grant amount" means the actual amount of funds spent on a child in a calendar month.

(b) "Average IV-E grant amount" means a predetermined average amount of funds spent on a child in a calendar month.

(D) Distribution in both FCM non-waiver and waiver cases.

In a current assistance case, support collections shall be distributed as follows:

(1) Current obligation.

(a) The amount collected for and applied to the current obligation that is less than or equal to the current month's grant amount shall be retained and used to reimburse the current month's grant.

(b) Following reimbursement, the balance of the current month's grant shall be added to the unreimbursed assistance (URA) amount. The amount collected that is greater than the current month's grant amount shall be owed to the Title IV-E agency.

(2) Arrears.

(a) The amount collected for and applied to arrears that is less than or equal to the URA amount shall be retained and used to reimburse the URA.

(b) The amount collected for and applied to arrears that is greater than the URA amount shall be owed to the Title IV-E agency.

(3) Futures.

The amount collected for and applied to assigned futures shall be held and applied to the current obligation(s) in the following month(s).

(4) Upon the termination of the FCM assignment period:

(a) Any amount of permanently assigned child support arrears that are greater than the URA amount shall sweep to never assigned child support arrears; and

(b) Assigned futures shall sweep to unassigned futures.

Last updated January 6, 2026 at 10:28 AM

History

Effective: June 1, 2021
Promulgated Under: 119.03

Ohio Adm.Code 5101:12-80-25 Unclaimed funds.

(A) Support payments collected and distributable by the Ohio department of job and family services office of child support that meet the requirements of this rule shall be reported and remitted to the Ohio department of commerce division of unclaimed funds in accordance with the procedures set forth in section 169.03 of the Revised Code.

(B) For the purposes of this rule, the following assumptions are made:

(1) In accordance with section 3125.02 of the Revised Code, the office of child support is a person formed under the laws of the state of Ohio.

(2) In accordance with section 3121.48 of the Revised Code, the office of child support is a holder of money as trustee for remittance of support payments it receives to the person entitled to receive the support payment.

(3) As trustee pursuant to section 3121.48 of the Revised Code, the office of child support is a fiduciary for the benefit of the person entitled to receive a support payment.

(4) The person entitled to receive a support payment in accordance with Chapter 3121. of the Revised Code is the owner of the support payment and shall be referred to in this rule and any supplemental rule(s) as the "obligee," as that term is defined in division (B)(3) of section 3119.01 of the Revised Code.

(C) A support payment shown by the records of the office of child support to have been distributable to the obligee shall be considered unclaimed funds three years from the date payable or distributable pursuant to either division (J) or (K) of section 169.02 of the Revised Code.

(D) The division of unclaimed funds in the Ohio department of commerce, and the office of child support in the Ohio department of job and family services shall treat the funds described in paragraph (C) of this rule as unclaimed funds, and in accordance with the provisions of Chapter 169. of the Revised Code.

Last updated March 6, 2025 at 1:00 PM

History

Effective: November 15, 2008
Promulgated Under: 119.03

Ohio Adm.Code 5101:12-80-99 Chapter 5101:12-80 forms - collections and disbursements.

(A) JFS 04021, "Affidavit for stop payment" (rev. 12/2002);

(B) JFS 04090, "Notice of Erroneous Payment" (rev. 04/2007);

(D) JFS 07026, "Recoupment Account Maintenance Request" (rev. 02/2020);

(E) JFS 07027, "Single Order Distribution Record" (rev. 06/1993);

(F) JFS 07028, "Multiple Order Distribution Record" (rev. 06/1993);

(G) JFS 07031, "Recoupment Account Creation Request" (rev. 02/2020);

(H) JFS 07736, "Child Support Enforcement Agency Payment Processing Declaration" (rev. 05/2025);

(I) JFS 07741, "Child Support Payment Central (CSPC) Check Void Request (rev. 4/2022); and

(J) JFS 07749, "Child Support Payment Central (CSPC) Stop Payment Request (rev. 05/2025).

Last updated May 1, 2025 at 7:54 AM

History

Effective: May 1, 2025
Promulgated Under: 119.03