reglab/statecodes huggingface dataset:
Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-50 - Enforcing Support Orders › Section 5101:12-50-32.9 - Federal adjustments, state payments, and recovery of disbursed federal tax offset collections

Current through all regulations passed and filed through July 1, 2024
(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.
Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-50 - Enforcing Support Orders › Section 5101:12-50-32.10 - Joint refunds

Current through all regulations passed and filed through July 1, 2024
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.
Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-50 - Enforcing Support Orders › Section 5101:12-50-34 - Passport denial and reinstatement

Current through all regulations passed and filed through July 1, 2024
(A)
								 The federal
			 office of child support enforcement (OCSE) 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 6, 2006.
(B)
								 Upon receipt of
			 a passport application from an obligor who has been referred to DoS for a
			 passport denial, DoS will take the following actions, as appropriate:
(1)
									 Issue a passport
			 denial notice to the obligor; or
(2)
									 Refuse to issue
			 a passport to the obligor.
Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-50 - Enforcing Support Orders › Section 5101:12-50-55 - Extradition of obligors

Current through all regulations passed and filed through July 1, 2024
(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.
Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-50 - Enforcing Support Orders › Section 5101:12-50-65 - Office of child support poster program

Current through all regulations passed and filed through July 1, 2024
(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.
Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-50 - Enforcing Support Orders › Section 5101:12-50-65.1 - Child support enforcement agency poster program

Current through all regulations passed and filed through July 1, 2024
(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.
Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-50 - Enforcing Support Orders › Section 5101:12-50-90 - Additional authority to collect arrearages

Current through all regulations passed and filed through July 1, 2024
(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.
Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-50 - Enforcing Support Orders › Section 5101:12-50-99 - Chapter 5101:12-50 forms - enforcement of the support order

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 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);
(C) JFS 01850, "Notice of Scheduled Income
			 Tax Refund Offset Review" (rev. 1/2016);
(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. 10/2023);
(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).
Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-55 - Default Identification and Determination › Section 5101:12-55-03 - Default

Current through all regulations passed and filed through July 1, 2024
(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.
Replaces: Part of 5101:12-55-03
Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-55 - Default Identification and Determination › Section 5101:12-55-03.1 - Identification of default and notice to obligor of default and potential action

Current through all regulations passed and filed through July 1, 2024
(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.
Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-55 - Default Identification and Determination › Section 5101:12-55-03.2 - Default investigation

Current through all regulations passed and filed through July 1, 2024
(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.
Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-55 - Default Identification and Determination › Section 5101:12-55-03.3 - Administrative mistake of fact hearing process

Current through all regulations passed and filed through July 1, 2024
(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.
Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-55 - Default Identification and Determination › Section 5101:12-55-03.4 - Final and enforceable determination of default

Current through all regulations passed and filed through July 1, 2024
(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.
Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-55 - Default Identification and Determination › Section 5101:12-55-10 - Financial institution data match program

Current through all regulations passed and filed through July 1, 2024
(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.
(C)
								The following
			 terms and definitions apply to this rule and its supplemental rules:
(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).
Replaces: 5101:12-55-10
Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-55 - Default Identification and Determination › Section 5101:12-55-10.1 - Investigation of an account, imposing an access restriction, and releasing an access restriction

Current through all regulations passed and filed through July 1, 2024
(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.
Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-55 - Default Identification and Determination › Section 5101:12-55-10.2 - Administrative and court hearings for ownership interest in an account

Current through all regulations passed and filed through July 1, 2024
(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.
(C) Administrative
			 hearing procedures.
(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.
Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-55 - Default Identification and Determination › Section 5101:12-55-10.3 - Issuing a withdrawal directive

Current through all regulations passed and filed through July 1, 2024
(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.
Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-55 - Default Identification and Determination › Section 5101:12-55-20.1 - Lien levy and execution

Current through all regulations passed and filed through July 1, 2024
(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.
Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-55 - Default Identification and Determination › Section 5101:12-55-25 - License suspension

Current through all regulations passed and filed through July 1, 2024
(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) A "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.
Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-55 - Default Identification and Determination › Section 5101:12-55-25.1 - License reinstatement

Current through all regulations passed and filed through July 1, 2024
(A) This rule describes the process a child
			 support enforcement agency (CSEA) shall use to reinstate a professional,
			 recreational, or driver's license that has been suspended.
(B) A CSEA shall 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 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
(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.
Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-55 - Default Identification and Determination › Section 5101:12-55-25.2 - Driver's license abstract

Current through all regulations passed and filed through July 1, 2024
(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.
Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-55 - Default Identification and Determination › Section 5101:12-55-26 - Suspension and reinstatement of license to practice law

Current through all regulations passed and filed through July 1, 2024
(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.
Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-55 - Default Identification and Determination › Section 5101:12-55-30.1 - State lottery, casino, and sports gaming data match and withholding

Current through all regulations passed and filed through July 1, 2024
(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.
Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-55 - Default Identification and Determination › Section 5101:12-55-40 - Insurance claim intercept

Current through all regulations passed and filed through July 1, 2024
(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.
Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-55 - Default Identification and Determination › Section 5101:12-55-99 - Chapter 5101:12-55 forms - enforcement of the support order based on finding of default

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 01132,
			 "Notice of Lien" (rev. 8/2023);
(B) JFS 04016, "Notice
			 to Expunge a Driver's Abstract" (rev. 8/2017);
(C) JFS 04024, "Advance
			 Notice to Suspend Professional, Recreational, and/or Driver's License"
			 (3/2012);
(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" (11/2021);
(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).
Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-57 - Medical Support Provisions › Section 5101:12-57-01 - Enforcement of medical support provisions

Current through all regulations passed and filed through July 1, 2024
(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.
(C)
								Fully subsidized medicaid satisfies the requirement to
			 provide health care coverage under a child support order.
(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.
Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-57 - Medical Support Provisions › Section 5101:12-57-01.2 - Enforcement of cash medical support obligation

Current through all regulations passed and filed through July 1, 2024
(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
Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-57 - Medical Support Provisions › Section 5101:12-57-08 - Medical support mistake of fact hearing process

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