Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-50 - Enforcing Support Orders › Section 5101:12-50-10 - Income withholding or income deduction

Current through all regulations passed and filed through July 1, 2024
(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 4
			 5 U.S.C.
			 231m(a) (12/29/1995) and 4
			 5 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.