Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-60 - Review and Adjustment of Title IV-D Support Orders › Section 5101:12-60-70.3 - Agreed entry for a reduction of permanently assigned arrears

Current through all regulations passed and filed through July 1, 2024
(A)
								An agreed entry for a reduction of permanently assigned
			 arrears shall only pertain to one support enforcement tracking system (SETS)
			 case.
(B)
								When a child support enforcement agency (CSEA) or the
			 office of child support (OCS) approves a request for a reduction of permanently
			 assigned arrears, the CSEA shall prepare and issue to the obligor:
(1)
									A JFS 07718,
			 "Administrative Agreed Entry for a Reduction of Permanently Assigned Arrears"
			 (effective or revised effective date as identified in rule
			 5101:12-60-99
			 of the Administrative Code) when the support order is an administrative child
			 support order.
(2)
									An agreed entry when the support order is a court order
			 that includes:
(a)
										The effective date of the agreement;
(b)
										The terms and
			 conditions of the agreement:
(i)
											For a waiver, the amount the CSEA shall reduce from
			 permanently assigned arrears.
(ii)
											For a lump sum
			 compromise:
(a)
												The amount the CSEA shall reduce from permanently assigned
			 arrears in exchange for a lump sum payment of a specified amount paid by the
			 obligor; and
(b)
												The date by which the obligor shall make the
			 payment.
(iii)For an installment plan compromise:
(a)The amount the
			 CSEA shall reduce from permanently assigned arrears for every dollar the
			 obligor pays; and
(b)The frequency (daily, monthly, quarterly, etc.) the CSEA
			 will review the obligor's payment history to determine compliance with the
			 agreement.
(iv)
											For a family support program:
(a)
												The name of the
			 program; and
(b)The amount the CSEA shall reduce from permanently assigned
			 arrears in exchange for the obligor's successful completion of the program;
			 and
(v)
											The amount the CSEA shall reduce from any balance owed
			 to the CSEA.
(c)
										The following statements:
(i)
											 The rights of
			 the obligee shall not be prejudiced by the agreement to reduce the permanently
			 assigned arrears; and
(ii)
											When the agreed entry is a waiver or family support
			 program, and a balance remains on the SETS case, the obligor is still
			 responsible for paying in full the remaining support obligation amount owed,
			 and is still subject to all of the collection and enforcement techniques;
			 or
(iii)
											When the agreed entry is an installment plan
			 compromise, lump sum compromise or family support program, the obligor is still
			 responsible for paying in full the remaining support obligation amount owed on
			 the SETS case, including the current obligation amount, and is still subject to
			 all of the collection and enforcement techniques; and
(iv)
											When the agreed
			 entry is final, neither the obligor nor the CSEA may re-open matters covered by
			 the agreed entry, by court action or otherwise, unless:
(a)
												The obligor fails
			 to comply with the terms and conditions set forth in the agreed entry;
			 or
(b)The obligor is believed to have acted with intent to defraud
			 the CSEA by furnishing false information or concealing assets or financial
			 history; or
(c)There is a mutual mistake of a material fact sufficient to
			 cause the agreed entry to be reformed or set aside.