reglab/statecodes huggingface dataset:
Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-45 - Support Order Process › Section 5101:12-45-05.1 - Scheduling the administrative support hearing

Current through all regulations passed and filed through July 1, 2024
(A) In accordance with section
			 3111.80 of the Revised Code, the
			 administrative officer of the child support enforcement agency (CSEA) shall
			 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 shall 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.
Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-45 - Support Order Process › Section 5101:12-45-05.2 - Conducting the administrative support hearing

Current through all regulations passed and filed through July 1, 2024
(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.
Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-45 - Support Order Process › Section 5101:12-45-05.3 - Administrative support order

Current through all regulations passed and filed through July 1, 2024
(A) In accordance with division (A)(2) of
			 section 3119.86 of the Revised Code, the
			 duty of support to a child imposed pursuant to an administrative support order
			 shall 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 shall continue to pay
			 support under the order, including during seasonal vacation periods, until the
			 order terminates. An administrative child support order shall 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 shall 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 shall not charge a fee for the registration
			 and shall assign the order a case number.
Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-45 - Support Order Process › Section 5101:12-45-10 - Calculation of the support obligations

Current through all regulations passed and filed through July 1, 2024
(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.
Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-45 - Support Order Process › Section 5101:12-45-15 - Grandparent's request for child support for grandchild

Current through all regulations passed and filed through July 1, 2024
(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.
Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-45 - Support Order Process › Section 5101:12-45-25 - Monthly administration of support orders

Current through all regulations passed and filed through July 1, 2024
(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.
Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-45 - Support Order Process › Section 5101:12-45-99 - Chapter 5101:12-45 forms - support establishment

Current through all regulations passed and filed through July 1, 2024
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 00593, "Child Support Financial
			 Affidavit" (rev. 3/2019);
(B) JFS
			 07719, "Administrative Order for Child Support and Medical Support" (rev.
			 4/2024);
(C) JFS 07724, "Administrative Adjustment
			 Recommendation" (rev. 10/2019);
(D)
			 JFS 01717, "Dismissal of Request to Establish a Support Order" (5/2023);
			 and
(E) JFS 01718, "Dismissal of
			 Administrative Hearing to Establish a Support Order" (5/2023).
Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-47 - Medical Support › Section 5101:12-47-01 - Medical support definitions

Current through all regulations passed and filed through July 1, 2024
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.
(C) "Child support order"
			 means either a court child support order or administrative child support
			 order.
(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.
Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-47 - Medical Support › Section 5101:12-47-01.1 - Medical support provisions for health insurance and uncovered expenses

Current through all regulations passed and filed through July 1, 2024
(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 private group health insurance policies, contracts, or plans to
			 the CSEA.
(B) Based on information
			 provided by the parties in accordance with paragraph (A) of this rule, when the
			 CSEA issues or modifies a child support order, the CSEA shall include one of
			 the following:
(1) A requirement that both
			 the obligor and the obligee obtain private health insurance coverage for the
			 child, if coverage that is reasonable in cost is available to both the obligor
			 and the obligee and dual coverage will provide for coordination of medical
			 benefits without unnecessary duplication of coverage.
(2) A requirement that the obligee obtain
			 private health insurance coverage for the child, if coverage that is reasonable
			 in cost is available through any group policy, contract, or plan available to
			 the obligee and is available at a more reasonable cost than coverage is
			 available to the obligor.
(3) A
			 requirement that the obligor obtain private health insurance coverage for the
			 child, if coverage that is reasonable in cost is available through any group
			 policy, contract, or plan available to the obligor and is available at a more
			 reasonable cost than coverage is available to the obligee.
(4) If private health insurance coverage for
			 the child that is reasonable in cost is not available to the obligor or the
			 obligee at the time that the child support order is issued, a requirement that
			 the obligor and the obligee immediately inform the CSEA administering the child
			 support order when private health insurance coverage for the child becomes
			 available to either the obligor or the obligee.
Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-47 - Medical Support › Section 5101:12-47-01.2 - Medical support provision for cash medical support

Current through all regulations passed and filed through July 1, 2024
(A) The child support
			 enforcement agency (CSEA) shall calculate the cash medical support amount
			 in accordance with this rule and with the Ohio child support guidelines as
			 described in rule
			 5101:12-45-10
			 of the Administrative Code.
(B) In
			 any action or proceeding in which the 
								CSEA issues or
			 modifies a child support order in accordance with section
			 3119.30 of the Revised Code as
			 adopted under Amended Substitute House Bill 119 of the 127th General Assembly,
			 the CSEA shall include the medical support provision for the obligor to pay
			 cash medical support during any period in which private health insurance
			 coverage for the child is not available to either party or is not being
			 provided by the health insurance obligor(s) in accordance with the order.
(C) The cash medical support
			 obligation shall:
(1) Commence on the first
			 day of the month following the month in which private health insurance coverage
			 for the child that is provided in accordance with the order is unavailable or
			 terminates.
(2) Cease on the last
			 day of the month immediately preceding the month in which private health
			 insurance coverage for the child that is provided in accordance with the order
			 begins or resumes.
Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-47 - Medical Support › Section 5101:12-47-02 - Medical support provisions

Current through all regulations passed and filed through July 1, 2024
(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
Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-47 - Medical Support › Section 5101:12-47-99 - Chapter 5101:12-47 form - medical support provisions for cash medical

Current through all regulations passed and filed through July 1, 2024
The form identified in this rule is referenced within various
				rules contained within division 5101:12 of the Administrative Code. The
				effective or revised effective date of the form is as follows:
JFS 05050, "Schedule of Cash Medical Support Obligations"
				(07/2017).
Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-50 - Enforcing Support Orders › Section 5101:12-50-10.1 - Income that may be withheld or deducted

Current through all regulations passed and filed through July 1, 2024
(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).
Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-50 - Enforcing Support Orders › Section 5101:12-50-10.2 - CSEA's responsibility for income withholding and income deduction

Current through all regulations passed and filed through July 1, 2024
(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.
Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-50 - Enforcing Support Orders › Section 5101:12-50-10.8 - Withholding from unemployment compensation benefits initiated by a child support enforcement agency

Current through all regulations passed and filed through July 1, 2024
(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.
Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-50 - Enforcing Support Orders › Section 5101:12-50-12 - Lump sum payments

Current through all regulations passed and filed through July 1, 2024
(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.
Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-50 - Enforcing Support Orders › Section 5101:12-50-15 - Cash bonds

Current through all regulations passed and filed through July 1, 2024
(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.
Replaces: 5101:12-50-15
Five Year Review (FYR) Dates:
				3/5/2018 and
				03/05/2023
Promulgated
				Under: 119.03
Statutory
				Authority: 3125.25
Rule
				Amplifies: 3121.03,
				3121.04
Prior
				Effective Dates: 12/31/1993, 01/01/1995, 07/22/1996, 01/01/1998, 11/01/2001,
				05/19/2002, 09/01/2005, 01/01/2008
Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-50 - Enforcing Support Orders › Section 5101:12-50-17 - Seek work orders

Current through all regulations passed and filed through July 1, 2024
(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.
Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-50 - Enforcing Support Orders › Section 5101:12-50-19 - Investigation of obligor's source of income or status of account

Current through all regulations passed and filed through July 1, 2024
(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.
Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-50 - Enforcing Support Orders › Section 5101:12-50-20 - State income tax refund offset program

Current through all regulations passed and filed through July 1, 2024
(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 required 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.
Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-50 - Enforcing Support Orders › Section 5101:12-50-20.1 - Pre-offset notice and income tax refund offset review

Current through all regulations passed and filed through July 1, 2024
(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.
Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-50 - Enforcing Support Orders › Section 5101:12-50-20.2 - Overdue support

Current through all regulations passed and filed through July 1, 2024
(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.
Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-50 - Enforcing Support Orders › Section 5101:12-50-20.3 - Overpaid child support

Current through all regulations passed and filed through July 1, 2024
(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.
Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-50 - Enforcing Support Orders › Section 5101:12-50-30 - Federal offset program

Current through all regulations passed and filed through July 1, 2024
(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.
Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-50 - Enforcing Support Orders › Section 5101:12-50-32 - Federal income tax refund offset program

Current through all regulations passed and filed through July 1, 2024
(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.
Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-50 - Enforcing Support Orders › Section 5101:12-50-32.1 - Submission criteria

Current through all regulations passed and filed through July 1, 2024
(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.
(C) An
			 obligor shall be submitted when the following criteria are met:
(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
(c) Medical support, if a specific dollar
			 amount of medical support is included in the order.
(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.
Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-50 - Enforcing Support Orders › Section 5101:12-50-32.2 - The federal match process and pre-offset notice

Current through all regulations passed and filed through July 1, 2024
(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
			 enforcement (OCSE) 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 OCSE.
(B) Upon receipt of the
			 Ohio tax offset file, OCSE 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 in order 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
			 OCSE in the Ohio tax offset file; and
(4)
									BFS transmits the
			 verified data to OCSE for the purpose of generating the pre-offset notice
			 described in paragraph (C) of this rule.
Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-50 - Enforcing Support Orders › Section 5101:12-50-32.3 - Adding, updating, and deleting obligors from the Ohio tax offset file

Current through all regulations passed and filed through July 1, 2024
(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 enforcement (OCSE).
			 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.
Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-50 - Enforcing Support Orders › Section 5101:12-50-32.4 - Rejected submissions

Current through all regulations passed and filed through July 1, 2024
(A) For purposes of this rule, "rejected
			 submission" means a rejection by the federal office of child support
			 enforcement (OCSE) 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) OCSE 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 OCSE tax offset file;
(3)
			 The submission is a duplicate submission;
(4) The state payment amount is invalid;
(5) OCSE 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 OCSE tax offset file;
(7) The state payment submission
			 was received but OCSE 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
			 OCSE provides a different SSN.
Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-50 - Enforcing Support Orders › Section 5101:12-50-32.5 - Administrative offset review of federal income tax refund offset program submittals

Current through all regulations passed and filed through July 1, 2024
(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
(c) The identity of the
			 individual submitted.
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.
Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-50 - Enforcing Support Orders › Section 5101:12-50-32.6 - The federal income tax refund offset process

Current through all regulations passed and filed through July 1, 2024
(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
			 enforcement (OCSE) 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.
Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-50 - Enforcing Support Orders › Section 5101:12-50-32.7 - Service fee

Current through all regulations passed and filed through July 1, 2024
(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.
(C)
			 Upon receipt, CSPC will process the offset to the order in the support
			 enforcement tracking system.
(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.
Effective: 1/1/2016
Five Year Review (FYR) Dates:
				09/15/2015 and
				01/01/2021
Promulgated
				Under: 119.03
Statutory
				Authority: 3123.81,
				3125.25
Rule
				Amplifies: 3123.81,
				3125.03,
				3125.25
Prior
				Effective Dates: 11/9/81, 6/10/82 (Emer), 9/13/82, 5/1/86 (Emer), 7/20/86,
				11/1/86, 12/20/88, 3/18/89, 8/9/90, 4/1/91, 11/1/91, 7/1/92, 2/11/93, 9/1/94,
				11/1/94, 1/1/96, 8/1/98, 5/1/01, 4/11/03, 7/1/06,
				9/1/11
Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-50 - Enforcing Support Orders › Section 5101:12-50-32.8 - Federal income tax refund offset reports

Current through all regulations passed and filed through July 1, 2024
(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 enforcement (OCSE). 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 OCSE 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.