reglab/statecodes huggingface dataset:
Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-57 - Medical Support Provisions › Section 5101:12-57-10 - National medical support notice

Current through all regulations passed and filed through July 1, 2024
(A) The OMB 0970-0222, "National Medical
			 Support Notice" (as referenced in rule
			 5101:12-57-99
			 of the Administrative Code), (NMSN) requires the enrollment in health insurance
			 of the child subject to the child support order and the deduction of premiums
			 for the cost of the health insurance, when available.
(B) The NMSN contains instructions and two
			 parts (hereinafter referred to as "Part A" and "Part B").
(1) Part A includes:
(a) The notice to withhold for health care
			 coverage, which is completed by the child support enforcement agency (CSEA);
			 and
(b) The employer's response,
			 which is completed by the employer.
Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-57 - Medical Support Provisions › Section 5101:12-57-10.1 - Responsibility of employer

Current through all regulations passed and filed through July 1, 2024
(A) In accordance with section
			 3119.36
			 of the Revised Code, upon receipt of the OMB 0970-0222, "National Medical
			 Support Notice" (as referenced in rule
			 5101:12-57-99
			 of the Administrative Code), (NMSN) and the JFS 03377, "Employer/Health Plan
			 Administrator Health Insurance Verification Request" (effective or revised
			 effective date as 
								identified in rule
			 5101:12-57-99
			 of the Administrative Code), the employer is required, not later than twenty
			 business days after the date of the NMSN, to do one of the following:
(1) When the person named in the NMSN is a
			 current employee and the person and the child listed on the NMSN are already
			 enrolled in health insurance coverage through the employer, complete and return
			 the JFS 03377 to the CSEA.
(2) When
			 the person named in the NMSN is a current employee and health insurance
			 coverage of the child is available through the employer, send part B of the
			 NMSN and the JFS 03377 to the health plan administrator.
(3) Complete and return part A of the NMSN to
			 the CSEA.
Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-57 - Medical Support Provisions › Section 5101:12-57-10.2 - Responsibility of health plan administrator

Current through all regulations passed and filed through July 1, 2024
(A) In accordance with section
			 3119.37
			 of the Revised Code, upon receipt of the OMB 0970-0222, "National Medical
			 Support Notice" (as referenced in rule
			 5101:12-57-99
			 of the Administrative Code), (NMSN) and the JFS 03377, "Employer/Health Plan
			 Administrator Health Insurance Verification Request" (effective or revised
			 effective date as 
								identified in rule
			 5101:12-57-99
			 of the Administrative Code), the health plan administrator is required to:
(1) Complete and return part B of the NMSN to
			 the child support enforcement agency (CSEA) within forty business days of the
			 date of the NMSN; and
(2) Comply
			 with the enrollment requirements in accordance with the instructions contained
			 in the NMSN.
Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-57 - Medical Support Provisions › Section 5101:12-57-10.3 - Selecting a health plan option

Current through all regulations passed and filed through July 1, 2024
(A) When the child support enforcement agency
			 (CSEA) receives from the health plan administrator part B of the OMB 0970-0222,
			 "National Medical Support Notice" (as referenced in rule
			 5101:12-57-99
			 of the Administrative Code), (NMSN) and information on health plan options, the
			 CSEA shall:
(1) Issue the JFS 04035, "Notice
			 of Available Health Plan Options" (effective or revised effective date as
			 identified in rule
			 5101:12-57-99
			 of the Administrative Code), to the custodial parent or caretaker of the child;
			 and
(2) Attach to the JFS 04035 all
			 information regarding health plan options received from the health plan
			 administrator.
Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-57 - Medical Support Provisions › Section 5101:12-57-10.4 - Administrative mistake of fact hearing regarding the national medical support notice

Current through all regulations passed and filed through July 1, 2024
(A) In accordance with section
			 3119.39
			 of the Revised Code, when a JFS 04036, "Notice of Medical Support Enforcement
			 Activity" (effective or revised effective date as identified in rule
			 5101:12-57-99
			 of the Administrative Code), is issued and the health insurance obligor fails
			 to make a timely request for an administrative hearing, the JFS 04036 becomes a
			 final and enforceable determination of the child support enforcement agency
			 (CSEA) that issued the JFS 04036.
(B) A health insurance obligor who receives
			 an OMB 0970-0222, "National Medical Support Notice" (as referenced in rule
			 5101:12-57-99
			 of the Administrative Code) (NMSN), or a JFS 04036 may request an
			 administrative mistake of fact hearing for any of the following reasons:
(1) Error in the identity of the parties to
			 the support order listed on the NMSN;
(2) Error in the identity of one or more of
			 the children listed on the NMSN;
(3) The child support order authorizes the
			 provision of health insurance coverage through an alternative group policy,
			 contract, or plan and alternative coverage is in effect;
(4) The coverage identified in the NMSN is
			 not consistent with the medical support provision in the child support order,
			 this includes assertions that the insurance is not reasonable in cost or that
			 primary care services are not accessible; or
(5) The child support order authorizes the
			 provision of health care coverage through public health care and such coverage
			 is in effect, as ordered.
Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-57 - Medical Support Provisions › Section 5101:12-57-10.5 - Court mistake of fact hearing regarding the national medical support notice

Current through all regulations passed and filed through July 1, 2024
(A) When the health insurance obligor files a
			 timely, written motion for a court hearing, the court is required by section
			 3119.40 of the Revised Code to:
(1) Send to the health insurance obligor and
			 to any other individual the child support enforcement agency (CSEA) determines
			 appropriate written notice by regular mail of the date, time, place, and
			 purpose of the hearing not later than five days before the date the court
			 hearing is to be held;
(2) Hold the
			 hearing as soon as possible, but not later than ten days after the motion is
			 filed; and
(3) Limit the hearing to
			 determining whether there is a mistake of fact in the OMB 0970-0222, "National
			 Medical Support Notice" (as referenced in rule
			 5101:12-57-99
			 of the Administrative Code) (NMSN).
Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-57 - Medical Support Provisions › Section 5101:12-57-10.6 - Terminating the national medical support notice

Current through all regulations passed and filed through July 1, 2024
(A)
								A child support
			 enforcement agency (CSEA) shall issue the JFS 04098, "Notice Regarding National
			 Medical Support Notice Withholding Requirements" (effective or revised
			 effective date as identified in rule
			 5101:12-57-99
			 of the Administrative Code), when:
(1)
									The health insurance obligor is no longer responsible
			 for the medical support provision to provide health insurance coverage for the
			 child or there is no longer a current order with medical support provisions in
			 effect;
(2)
									The person identified on the OMB 0970-0222, "National
			 Medical Support Notice" (as referenced in rule
			 5101:12-57-99
			 of the Administrative Code), as the health insurance obligor has provided
			 verification to the CSEA that the person is not subject to the medical support
			 provision to provide health insurance coverage for the child;
(3)
									As the result of
			 a medical support mistake of fact hearing, the CSEA has determined that the
			 health insurance is not accessible or reasonable in cost;
(4)
									Health insurance
			 coverage is provided through a source other than the health insurance obligor's
			 employer and:
(a)
										The underlying medical support provision to provide
			 health insurance coverage for the child authorizes alternative health care
			 coverage; and
(b)
										The health insurance obligor provides verification to
			 the CSEA that the alternative coverage is currently in effect;
			 or
(5)
									The underlying medical support provision to obtain
			 health care coverage for the child authorizes public health care coverage, and
			 such coverage is in effect.
Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-57 - Medical Support Provisions › Section 5101:12-57-99 - Chapter 5101:12-57 forms - enforcement of medical support provisions

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 03377, "Employer/Health Plan
			 Administrator Health Insurance Verification Request" (rev. 1/2015);
(B) JFS 03399, "Notice of Administrative
			 Mistake of Fact Hearing" (rev. 10/2019);
(C) JFS 04031, "Notice Regarding Cash Medical
			 Support Order" (rev. 10/2019);
(D)
			 JFS 04032, "Notice to Provide Cash Medical Support" (rev. 10/2019);
(E) JFS 04033, "Notice to Provide Private
			 Health Insurance" (rev. 10/2019);
(F) JFS 04034, "Notice of Selection of Health
			 Plan Option" (rev. 1/2015);
(G) JFS
			 04035, "Notice of Available Health Plan Options" (rev.
			 4/2022);
(H) JFS 04036, "Notice of Medical Support
			 Enforcement Activity" (rev. 10/2019);
(I) JFS 04037, "Medical Support Enforcement
			 Administrative Mistake of Fact Hearing Decision" (rev. 10/2019);
(J) JFS 04098, "Notice Regarding National
			 Medical Support Notice Withholding Requirements" (rev. 1/2015);
(K) JFS 07053, "Notice of Medical Support
			 Mistake of Fact Hearing" (rev. 3/2019);
(L) JFS 07058, "Medical Support Mistake of
			 Fact Hearing Determination" (rev. 2/2019); and
(M) OMB 0970-0222, "National Medical Support
			 Notice" (NMSN) (
www.acf.hhs.gov/css
).
Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-60 - Review and Adjustment of Title IV-D Support Orders › Section 5101:12-60-05 - Administrative review and adjustment process

Current through all regulations passed and filed through July 1, 2024
(A) This rule and its supplemental rules
			 describe the procedures for the administrative review and adjustment of child
			 support orders. The child support enforcement agency (CSEA) shall proceed in
			 accordance with this rule and its supplemental rules when a IV-D application as
			 described in paragraph (A) of rule 5101:12-10-01.1 of the Administrative Code
			 or a IV-D referral as described in paragraph (B) of rule 5101:12-10-01.1 of the
			 Administrative Code that has been completed and filed with the CSEA.
(B) The following terms and definitions are
			 applicable to this rule and its supplemental rules:
(1) "Adjustment" means a change in the:
(a) Amount of a current child support
			 obligation;
(b) Amount of an
			 ordered payment on arrears;
(c)
			 Amount of a current cash medical support obligation; or
(d) Medical support provision:
(i) To provide  health care
			 coverage for the child subject to the child support order; or
(ii) To provide cash medical support;
			 or
(iii) For the shared
			 responsibility of uncovered health care expenses.
Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-60 - Review and Adjustment of Title IV-D Support Orders › Section 5101:12-60-05.1 - Initiation of an administrative review

Current through all regulations passed and filed through July 1, 2024
(A) Every thirty-six months after the date of
			 the most recent child support order, the child support enforcement agency
			 (CSEA) with administrative responsibility for the child support order
			 will
			 initiate an administrative review of a case in which the child is currently
			 receiving Ohio works first benefits. Unless a court has determined that a
			 review and adjustment of the child support order is not in the best interest of
			 the child, the CSEA will presume that an administrative review is in the
			 best interest of the child.
When a caretaker has received a good cause waiver
				determination, the CSEA will issue a JFS 01867, "Right to Request an
				Administrative Review of the Support Order" (effective or revised effective
				date as identified in rule
				5101:12-60-99 of the
				Administrative Code) to the caretaker.
(1) When the caretaker or the other party to
			 the child support order wants an administrative review, the CSEA
			 will
			 proceed in accordance with this rule.
(2) When neither the caretaker nor the other
			 party wants an administrative review, the CSEA is not
			  to proceed with the administrative
			 review.
Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-60 - Review and Adjustment of Title IV-D Support Orders › Section 5101:12-60-05.2 - Initiation of temporary adjustment for certain military members

Current through all regulations passed and filed through July 1, 2024
(A) This rule
			 describes the circumstances under which an obligor who is a member of the
			 uniformed services may request an administrative review and temporary
			 adjustment of a child support order when called to active military duty
			 pursuant to section 3119.77 of the Revised Code and
			 how the child support enforcement agency (CSEA) shall proceed.
(B) The following definitions are applicable
			 to this rule:
(1) "Active military service"
			 means the performance of active military duty by a member of the uniformed
			 services for a period of more than thirty days.
(2) "Uniformed services" means any reserve
			 component of the armed forces of the United States or the Ohio organized
			 militia when engaged in full-time national guard duty for a period of more than
			 thirty days.
Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-60 - Review and Adjustment of Title IV-D Support Orders › Section 5101:12-60-05.3 - The administrative review

Current through all regulations passed and filed through July 1, 2024
(A)
								A child support
			 enforcement agency (CSEA) shall evaluate a case when it is determined that an
			 administrative review may be required or a JFS 01849, "Request for an
			 Administrative Review of the Child Support Order" (effective or revised
			 effective date as identified in rule
			 5101:12-60-99
			 of the Administrative Code), is received. When the CSEA is required to conduct
			 an administrative review, the CSEA shall initiate action to adjust the child
			 support order in accordance with the guidelines.
(B)
								The CSEA is
			 required to conduct an administrative review when:
(1)
									An administrative
			 review is required pursuant to paragraph (A) or (B) of rule 5101:12-60-05.1 of
			 the Administrative Code;
(2)
									Any party to the child support order requests an
			 administrative review pursuant to paragraph (D) of rule 5101:12-60-05.1 of the
			 Administrative Code;
(3)
									Any party requests an administrative review pursuant to
			 paragraph (E) of rule 5101:12-60-05.1 of the Administrative Code and the
			 requesting party submits sufficient evidence or information to support such a
			 request; or
(4)
									The obligor requests an administrative review pursuant
			 to rule 5101:12-60-05.2 of the Administrative Code and the obligor submits
			 sufficient evidence or information to support such a request.
Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-60 - Review and Adjustment of Title IV-D Support Orders › Section 5101:12-60-05.4 - Calculation and recommendation of a revised order for child and medical support

Current through all regulations passed and filed through July 1, 2024
(A) On the date the administrative review is
			 conducted, the child support enforcement agency (CSEA)
			 will
			 calculate the appropriate amount of the support obligations to be paid under
			 the child support order in accordance with rule
			 5101:12-45-10 of the
			 Administrative Code for orders issued prior to March 28, 2019 or rules
			 5101:12-1-17 and
			 5101:12-45-10 of the
			 Administrative Code for orders issued on or after March 28, 2019.
(1) When a non-requesting parent's copy of
			 the JFS 07606, "Administrative Review Notification" (effective or revised
			 effective date as identified in rule
			 5101:12-60-99 of the
			 Administrative Code), is returned to the CSEA as undeliverable (indicating that
			 the non-requesting parent failed to comply with the address reporting
			 requirements specified in the existing support order), the CSEA
			 will
			 proceed with the guidelines calculation using information provided by the other
			 parent, and for the non-requesting parent, imputed income based on reasonable
			 assumptions.
(2)
									The CSEA will not dismiss the administrative review on or
			 after the date certain, unless a reason exists in paragraph (D)(3)(a) of this
			 rule.
Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-60 - Review and Adjustment of Title IV-D Support Orders › Section 5101:12-60-05.5 - Notice of hearing rights

Current through all regulations passed and filed through July 1, 2024
The JFS 07724, "Administrative
				Adjustment Recommendation" (effective or revised effective date as identified
				in rule
				5101:12-45-99
				of the Administrative Code), notifies the parties to the child support order of
				their right to request an administrative adjustment hearing and the procedures
				and time deadlines for requesting the administrative adjustment
				hearing.
(A)
								When the order is a court support order, the child
			 support enforcement agency (CSEA)
shall submit the JFS 07724 to the court
				for inclusion in a revised court support order unless rany party requests an
				administrative adjustment hearing no later than fourteen days after the JFS
				07724 is issued.
(1)
									When the existing court support order contains a
			 deviation granted under section
			 3119.23 or
			 3119.24 of the Revised Code or
			 when any party intends to request a deviation, any party has a right to file
			 for a court hearing on the revised amount of a support obligation without first
			 requesting an administrative adjustment hearing.
(2)
									In order to
			 exercise this right, any party must file the request for a court hearing with
			 the court no later than fourteen days after the JFS 07724 is
			 issued.
Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-60 - Review and Adjustment of Title IV-D Support Orders › Section 5101:12-60-05.6 - CSEA administrative adjustment hearing process

Current through all regulations passed and filed through July 1, 2024
(A) The child
			 support enforcement agency (CSEA) shall schedule and conduct an administrative
			 adjustment hearing in accordance with this rule when the CSEA determines that
			 any
			 party to the child support order has submitted a timely request for an
			 administrative adjustment hearing.
(B)
								Any party may
			 submit to the CSEA a written request for an administrative adjustment hearing
			 to object to the recommendations contained in the JFS 07724, "Administrative
			 Adjustment Recommendation" (effective or revised effective date as
			 identified in rule
			 5101:12-45-99
			 of the Administrative Code).
(1) In
			 accordance with division (B) of section
			 3119.63 of the Revised Code,
			 when the order is a court support order, the request must be received by the
			 CSEA within fourteen days 
									after the JFS 07724
			 is issued.
(2) In accordance with division (A) of
			 section 3119.61 of the Revised Code,
			 when the order is an administrative child support order, the request must be
			 received by the CSEA no later than fourteen days 
									after the JFS 07724 is
			 issued.
Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-60 - Review and Adjustment of Title IV-D Support Orders › Section 5101:12-60-45 - Continuation of support obligation beyond the child's eighteenth birthday

Current through all regulations passed and filed through July 1, 2024
(A) Administrative
			 child support orders.
In accordance with section
				3119.86 of the Revised Code,
				support imposed by an administrative child support order shall be continued
				beyond the child's eighteenth birthday only when the child continuously attends
				a recognized and accredited high school on a full time basis on and after the
				child's eighteenth birthday. An administrative child support order shall not
				remain in effect after the child reaches age nineteen.
(B) Court child support orders.
(1) In accordance with section
			 3119.86 of the Revised Code,
			 support imposed by a court child support order shall continue beyond the
			 child's eighteenth birthday only when:
(a)
			 The court has determined that the child is mentally or physically disabled and
			 is incapable of supporting or maintaining himself or herself;
(b) The child's parents have agreed to
			 continue support beyond the child's eighteenth birthday pursuant to a
			 separation agreement that was incorporated into a decree of divorce or
			 dissolution; or
(c) The child
			 continuously attends a recognized and accredited high school on a full time
			 basis on and after the child's eighteenth birthday.
Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-60 - Review and Adjustment of Title IV-D Support Orders › Section 5101:12-60-50 - Termination of support

Current through all regulations passed and filed through July 1, 2024
(A) This
			 rule and its supplemental rules describe how the child support enforcement
			 agency (CSEA) with administrative responsibility for a child support order
			 administratively terminates the current child support obligation and the
			 medical support provisions when a required or optional administrative
			 termination reason exists. The CSEA will proceed in
			 accordance with this rule and its supplemental rules when a IV-D application as
			 described in paragraph (A) of rule
			 5101:12-10-01.1 of the
			 Administrative Code or a IV-D referral as described in paragraph (B) of rule
			 5101:12-10-01.1 of the
			 Administrative Code has been completed and filed with the CSEA.
(B) Definitions.
The following definitions, unless otherwise noted, apply to
				rules in division 5101:12 of the Administrative Code:
(1) "Age of majority" has the same meaning as
			 in section 3109.01 of the Revised
			 Code.
(2) "Child support order" has
			 the same meaning as in section
			 3119.01 of the Revised Code. For
			 the purposes of this rule and its supplemental rules, "child support order"
			 includes medical support provisions contained in the child support
			 order.
(3) "Overpaid child support"
			 has the same meaning as in rule
			 5101:12-50-20 of the
			 Administrative Code.
Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-60 - Review and Adjustment of Title IV-D Support Orders › Section 5101:12-60-50.1 - Administrative termination investigation, findings and recommendations, and impounding support

Current through all regulations passed and filed through July 1, 2024
(A) Administrative termination investigation.
(1) The child support enforcement agency
			 (CSEA) will complete an administrative termination
			 investigation and issue findings and recommendations regarding whether the
			 child support order should terminate within twenty days of the date the CSEA is
			 notified by either the obligee or obligor or becomes aware that:
(a) An
										 administrative termination reason
			 as described in paragraph (C) of rule
			 5101:12-60-50 of the
			 Administrative Code has occurred or is expected to occur
			 on a certain date;
(b) An administrative
			 termination reason described in paragraph (E) of rule
			 5101:12-60-50 of the
			 Administrative Code exists and the CSEA elects to proceed with the
			 administrative termination process.
Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-60 - Review and Adjustment of Title IV-D Support Orders › Section 5101:12-60-60 - Redirection of support

Current through all regulations passed and filed through July 1, 2024
(A)
								This rule and its
			 supplemental rules describe how the child support enforcement agency (CSEA)
			 with administrative responsibility for a child support order redirects payments
			 under the support order.
(B)
								The CSEA is authorized to proceed in accordance with
			 this rule and its supplemental rules when a IV-D application as described in
			 paragraph (A) of rule
			 5101:12-10-01.1 of the
			 Administrative Code or a IV-D referral as described in paragraph (B) of rule
			 5101:12-10-01.1 of the
			 Administrative Code has been completed and filed with the CSEA, and the
			 application or referral indicates the child is with a caretaker other than the
			 current payee.
(C)
								Nothing in this rule or its supplemental rules
			 precludes a CSEA from proceeding in accordance with Chapter 5101:12-45 of the
			 Administrative Code to establish a child support order or to proceed in
			 accordance with rule
			 5101:12-60-50 of the
			 Administrative Code and its supplemental rules to terminate a support
			 order.
(D)
								The following definitions apply to this rule and its
			 supplemental rules:
(1)
									"Caretaker" has the same meaning as in section
			 3119.01 of the Revised
			 Code.
(2)
									"Legal custody" has the same meaning as in section
			 2151.011 of the Revised Code and
			 includes permanent custody or temporary custody.
(3)
									"Payee" means the
			 person or entity to whom child support payments may be disbursed under a child
			 support order.
(4)
									"Primary caregiver" means a person with whom the child
			 resides for at least thirty consecutive days, and who stands in place of a
			 parent to make decisions regarding the health, education, support, and welfare
			 of a child.
(5)
									"Public children services agency" (PCSA) has the same
			 meaning as in section
			 5153.01 of the Revised
			 Code.
(6)
									"Redirect" means a change under an existing child
			 support order requiring payments be disbursed to a different
			 payee.
Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-60 - Review and Adjustment of Title IV-D Support Orders › Section 5101:12-60-60.1 - Findings and recommendations to redirect the child support order

Current through all regulations passed and filed through July 1, 2024
(A)
								Administrative
			 redirection investigation.
(1)
									The child support enforcement agency (CSEA) will
			 complete an administrative redirection investigation and issue findings and
			 recommendations regarding whether the child support order should be redirected,
			 within twenty days of determining pursuant to rule
			 5101:12-60-60 of the
			 Administrative Code that a reason exists to redirect support to a
			 caretaker.
(2)
									During the administrative redirection investigation,
			 the CSEA will determine all of the following:
(a)
										The amount of
			 each parent's obligation under the existing child support order that may be
			 subject to redirection;
(b)
										Whether any prior redirection has been terminated or
			 redirected under sections
			 3119.9531 to
			 3119.9535 of the Revised
			 Code;
(c)
										Whether any arrears are owed, and the recommended
			 payment amount to satisfy such arrears as a pro rata share for each person to
			 whom arrears are owed; and
(d)
										When more than
			 one child is subject to the existing child support order, whether the child
			 support order for all or some of the children will be subject to
			 redirection.
(3)
									When the CSEA determines that support for fewer than
			 all of the children should be redirected, the CSEA will determine the pro rata
			 share of the child support amounts to be redirected, as follows:
(a)
										First, divide the
			 child support and the cash medical support amounts due monthly under the order
			 by the number of children who are the subject of the order;
(b)
										Then, subtract
			 the amounts due for the child(ren) for whom the order should be redirected from
			 the child support and cash medical support amounts due monthly.
Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-60 - Review and Adjustment of Title IV-D Support Orders › Section 5101:12-60-60.2 - Termination of redirection

Current through all regulations passed and filed through July 1, 2024
(A)
								When the child
			 support enforcement agency (CSEA) receives notice that a caretaker is no longer
			 the primary caregiver for a child subject to a redirection order, the CSEA will
			 investigate whether the caretaker to whom support amounts are redirected under
			 the existing redirection order is still the primary caregiver for the
			 child.
(B)
								When the CSEA determines that the caretaker to whom
			 support amounts are redirected under the existing redirection order is still
			 the primary caregiver for the child(ren) of the order, the CSEA will issue the
			 JFS 07800, "Results of Investigation to Redirect the Child Support Order"
			 (effective or revised effective date as identified in rule
			 5101:12-60-99 of the
			 Administrative Code) to the last known address of the person who requested the
			 redirection.
(C)
								When the CSEA determines that a new caretaker is the
			 primary caregiver for a child who is the subject of the redirection order, the
			 CSEA will:
(1)
									Terminate the existing redirection order or request that the
			 court terminate the redirection order based on the recommendation, whichever is
			 applicable, pursuant to rule
			 5101:12-60-60.1 of the
			 Administrative Code; and
(2)
									Direct the new caretaker to file an application for
			 Title IV-D services under section
			 3119.951 of the Revised Code,
			 unless the CSEA has received a IV-D referral for the caretaker and
			 child.
Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-60 - Review and Adjustment of Title IV-D Support Orders › Section 5101:12-60-70.1 - Procedures for a reduction of permanently assigned arrears

Current through all regulations passed and filed through July 1, 2024
(A)
								A child support enforcement agency (CSEA) may elect to
			 establish a procedure for a reduction of permanently assigned arrears that is
			 consistent with rule
			 5101:12-60-70
			 of the Administrative Code and its supplemental rules. When a CSEA elects to
			 establish such a procedure, the CSEA shall submit the procedure to the office
			 of child support (OCS) prior to negotiating any agreements for a reduction of
			 permanently assigned arrears.
(B)
								The CSEA shall
			 submit its procedure for a reduction of permanently assigned arrears to OCS for
			 approval when the CSEA:
(1)
									Elects to establish a procedure for a reduction of
			 permanently assigned arrears and does not already have such a procedure;
			 or
(2)
									Amends an approved procedure; or
(3)
									Has an approved
			 procedure which is inconsistent with the requirements in rule
			 5101:12-60-70
			 of the Administrative Code and its supplemental rules; or
(4)
									Elects to
			 establish or utilize a family support program that will result in a reduction
			 of permanently assigned arrears in excess of the lifetime maximum
			 amount.
Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-60 - Review and Adjustment of Title IV-D Support Orders › Section 5101:12-60-70.2 - Process for a reduction of permanently assigned arrears

Current through all regulations passed and filed through July 1, 2024
(A)
								A reduction of permanently assigned arrears is a
			 negotiation between the child support enforcement agency (CSEA) and the obligor
			 or obligor's representative. No obligor has a right, either explicit or
			 implied, to require the CSEA or office of child support (OCS) to reduce
			 permanently assigned arrears.
(B)
								An agreement to
			 reduce permanently assigned arrears shall not:
(1)
									Alter an
			 obligor's requirement to pay the full monthly support obligation amount owed on
			 a support order; or
(2)
									Operate to stay the collection of any current
			 obligation, other arrears or balances.
Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-60 - Review and Adjustment of Title IV-D Support Orders › Section 5101:12-60-70.4 - Reporting requirements for a reduction of permanently assigned arrears

Current through all regulations passed and filed through July 1, 2024
(A)
								The child support enforcement agency (CSEA) shall
			 utilize the reporting database provided by the office of child support (OCS) to
			 track and maintain a cumulative record of all requests and agreements for a
			 reduction of permanently assigned arrears, regardless of whether the request is
			 approved or denied.
(1)
									Upon approval of a procedure as described in paragraph
			 (B) of rule 5101:12-60-70.1 of the Administrative Code, OCS shall provide the
			 reporting database to a CSEA; or
(2)
									If a CSEA has a
			 previously approved procedure, OCS shall provide the database to the CSEA upon
			 the effective date of this rule.
Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-60 - Review and Adjustment of Title IV-D Support Orders › Section 5101:12-60-70.5 - County initiation of a reduction of permanently assigned arrears

Current through all regulations passed and filed through July 1, 2024
(A)
								This rule describes the process a child support
			 enforcement agency (CSEA) may use to initiate a reduction of permanently
			 assigned arrears.
(B)
								The CSEA may initiate a reduction of permanently
			 assigned arrears on an arrears only support enforcement tracking system (SETS)
			 case when all of the following conditions exist:
(1)
									All of the
			 arrears are permanently assigned to the state, as defined in rule
			 5101:12-60-70
			 of the Administrative Code;
(2)
									There has been no
			 collection received on the SETS case during the past two years;
			 and
(3)
									There is documentation in the case record that:
(a)
										All manual and
			 automated location efforts have been unsuccessful for the past two years;
			 or
(b)
										All enforcement efforts have been unsuccessful for the
			 past two years.
Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-60 - Review and Adjustment of Title IV-D Support Orders › Section 5101:12-60-99 - Chapter 5101:12-60 forms - order administration

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 00592, "Caretaker Notification of
			 Administrative Adjustment Review" (rev. 10/2019);
(B) JFS 01849, "Request for an Administrative
			 Review of the Child Support Order"(rev. 4/2024);
(C) JFS 01856, "Denial of Request to
			 Reschedule Administrative Review and Adjustment Hearing" (rev.
			 7/2005);
(D) JFS 01866,
			 "Administrative Review Pending Notice" (rev. 4/2024);
(E) JFS 01867, "Right to Request an
			 Administrative Review of the Support Order" (rev. 10/2019);
(F) JFS 01868, "Dismissal of Administrative
			 Review Request" (rev. 2/2019);
(G)
			 JFS 04057, "Notice to Court or Administrative Case Record of a Reduction of
			 Permanently Assigned Arrears" (4/2022);
(H) JFS 07049, "Notice of Right to Request
			 Administrative Review of Child and Medical Support Order" (rev.
			 4/2024);
(I) JFS 07521, "Results of Support Order
			 Termination Investigation" (rev. 4/2024);
(J) JFS 07522, "Findings and Recommendations
			 to Terminate the Administrative Child Support Order"(rev.
			 4/2024);
(K) JFS 07523, "Administrative Order to
			 Impound Support" (rev. 2/2019);
(L)
			 JFS 07524, "Denial of Administrative Termination Hearing Request" (rev.
			 2/2019);
(M) JFS 07525, "Notice of
			 Administrative Termination Hearing" (rev. 2/2019);
(N) JFS 07526, "Administrative Termination
			 Hearing Decision" (rev. 2/2019);
(O) JFS 07527, "Administrative Order to
			 Terminate the Administrative Child Support Order" (rev. 2/2019);
(P) JFS 07602, "Administrative Adjustment
			 Hearing Notice" (4/1996);
(Q) JFS
			 07606, "Administrative Adjustment Review Notification" (rev.
			 10/2019);
(R) JFS 07613,
			 "Administrative Adjustment Review Denial Notice" (rev. 10/2007);
(S) JFS 07633, "Rescheduling Administrative
			 Adjustment Hearing Notice" (rev. 4/1996);
(T) JFS 07717, "Determination Regarding
			 Negotiation for a Reduction of Permanently Assigned Arrears" (rev.
			 1/2017);
(U) JFS 07718,
			 "Administrative Agreed Entry for a Reduction of Permanently Assigned Arrears"
			 (rev. 4/2022);
(V) JFS 07728,
			 "Denial of Request for an Administrative Adjustment Hearing " (rev. 2/2019);
(W) JFS 07770, "Administrative Adjustment
			 Hearing Decision" (rev. 2/2019);
(X)
								JFS 07800, "Results of Investigation to Redirect the
			 Child Support Order" (4/2024);
(Y)
								JFS 07801,
			 "Findings and Recommendations to Redirect the Administrative Child Support
			 Order" (4/2024); and
(Z)
								JFS 07802, "Administrative Order to Redirect the
			 Administrative Child Support Order" (4/2024).
Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-65 - Procedures to Initiate a Termination Investigation by CSEA › Section 5101:12-65-05 - Scope and definitions

Current through all regulations passed and filed through July 1, 2024
(A)
								This rule and its supplemental rules describe
			 procedures for processing cases when an obligee or obligor to the child support
			 order for which a child support enforcement agency (CSEA) has administrative
			 responsibility is deceased.
(B)
								The following
			 definitions apply to this rule and its supplemental rules:
(1)
									"Administrator"
			 means a person granted authority pursuant to section
			 2113.06 of the Revised Code or
			 analogous laws of another state.
(2)
									"Assigned
			 arrears" has the same meaning as in rule
			 5101:12-80-10 of the
			 Administrative Code.
(3)
									"Decedent" means an individual who is
			 deceased.
(4)
									"Executor" means a person granted authority pursuant to
			 section 2113.05 of the Revised Code or
			 analogous laws of another state.
(5)
									"Obligee" has the
			 same meaning as in section
			 3119.01 of the Revised
			 Code.
(6)
									"Obligor" has the same meaning as in section
			 3119.01 of the Revised
			 Code.
(7)
									"Probate" means to bring a matter before a court with
			 jurisdiction pursuant to section
			 2101.24 of the Revised Code or
			 analogous laws of another state.
(8)
									"Unassigned
			 arrears" has the same meaning as in rule
			 5101:12-80-10 of the
			 Administrative Code.
Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-65 - Procedures to Initiate a Termination Investigation by CSEA › Section 5101:12-65-05.1 - Deceased obligee

Current through all regulations passed and filed through July 1, 2024
(A)
								This rule describes procedures for processing a case
			 when an obligee is deceased.
(B)
								Current support
			 order.
(1)
									When
			 there is a current support order, the child support enforcement agency (CSEA)
			 will complete a termination investigation in accordance with rule
			 5101:12-60-50.1 of the
			 Administrative Code, using the obligee's date of death.
(2)
									When a
			 termination order is final, the CSEA will disburse any impounded funds pursuant
			 to the termination entry.
(a)
										When the CSEA is aware that an action has been
			 commenced to probate the estate of the obligee, payments will be disbursed to
			 the administrator or the executor of the estate or as directed by an order from
			 the probate court.
(b)
										When the CSEA is unable to identify that an action has
			 been commenced to probate the estate of the obligee, the CSEA will:
(i)
											Maintain a record
			 in the support enforcement tracking system (SETS) of any unassigned
			 arrears;
(ii)
											Apply any impounded funds first to assigned arrears,
			 then to processing fee arrears, except that when the collection is from
			 unemployment compensation or a federal or state income tax refund offset, the
			 collection will not be applied to processing fee arrears;
(iii)
											Maintain or
			 issue any withholding order until all of the assigned arrears and processing
			 fee arrears are paid in full;
(iv)
											Issue any
			 remaining funds to the obligor after assigned arrears and processing fee
			 arrears are paid in full; and
(v)
											Terminate any
			 withholding order and close the case in accordance with rule
			 5101:12-10-70 of the
			 Administrative Code when all of the assigned arrears and processing fee arrears
			 are paid in full and an action was not commenced within six months of the
			 obligee's date of death to probate the estate of the obligee.
(3)
									Terminating the support order due to the death of the
			 obligee does not terminate the obligor's parental duty of support pursuant to
			 section 3103.031 of the Revised
			 Code.
(4)
									An administrator or executor may complete a IV-D
			 application to request that payments under the terminated support order be
			 disbursed to the administrator, executor, or to the probate estate of the
			 deceased obligee.
(5)
									In accordance with section
			 3125.36 of the Revised Code, a
			 CSEA will make available a IV-D application to any person requesting the CSEA's
			 assistance to establish a support order for the support of a minor child under
			 the terminated support order.
Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-65 - Procedures to Initiate a Termination Investigation by CSEA › Section 5101:12-65-05.2 - Deceased obligor

Current through all regulations passed and filed through July 1, 2024
(A)
								This rule describes procedures for processing a case
			 when an obligor is deceased.
(B)
								Current support
			 order.
(1)
									When
			 there is a current support order, the child support enforcement agency (CSEA)
			 will complete a termination investigation in accordance with rule
			 5101:12-60-50.1 of the
			 Administrative Code, using the obligor's date of death.
(2)
									When a
			 termination entry is final, the CSEA will disburse any impounded funds pursuant
			 to the entry.
(a)
										When the CSEA is aware that an action has been
			 commenced to probate the estate of the obligor, payments otherwise owed to the
			 obligor will be disbursed to the administrator or executor of the
			 estate.
(b)
										When the CSEA is unable to identify that an action has
			 been commenced to probate the estate of the obligor, payments otherwise owed to
			 the obligor will be disbursed in the obligor's name to the last known address
			 for the obligor.
(c)
										When there are no arrears, the CSEA will close the case
			 in accordance with rule
			 5101:12-10-70 of the
			 Administrative Code.
(d)
										When there are arrears, the CSEA will investigate
			 whether an action has been commenced to probate the estate of the
			 obligor.
(i)
											When the CSEA identifies that an action has been commenced
			 to probate the estate of the obligor, in accordance with rule
			 5101:12-50-50 of the
			 Administrative Code, the CSEA may file a claim against the estate of the
			 obligor, within six months after the obligor's death, for the purpose of
			 collecting any arrears that are due under the support order; or
(ii)
											When the CSEA is
			 unable to identify that an action has been commenced to probate the estate of
			 the obligor within six months of the date of the obligor's death, the CSEA may
			 close the case in accordance with rule
			 5101:12-10-70 of the
			 Administrative Code.
Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-70 - Intergovernmental Cases › Section 5101:12-70-05.1 - CSEA general responsibilities

Current through all regulations passed and filed through July 1, 2024
(A) This rule describes the general
			 responsibilities that apply to a child support enforcement agency (CSEA)
			 irrespective of the CSEA role in the case as either an initiating or responding
			 agency.
(B) The CSEA shall:
(1) Use federally approved forms in
			 intergovernmental cases;
(2) Within thirty business days of receiving
			 a request, provide any order and payment record information requested by a
			 state IV-D agency for a controlling order determination and reconciliation of
			 arrearages, or notify the state IV-D agency when the information will be
			 provided;
(3) Notify the other
			 agency within ten business days of receipt of new information on an
			 intergovernmental case;
(4)
			 Cooperate with requests for limited services such as quick locate, service of
			 process, assistance with discovery, assistance with genetic testing,
			 teleconferenced hearings, administrative reviews, and copies of court orders
			 and payment records. Requests for other limited services may be honored at the
			 state's option; and
(5) Transmit
			 requests for information and provide requested information electronically to
			 the greatest extent possible.
Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-70 - Intergovernmental Cases › Section 5101:12-70-05.2 - Responsibilities of Ohio interstate central registry

Current through all regulations passed and filed through July 1, 2024
(A) Each state child support agency is
			 required by federal regulations at
			 45 C.F.R.
			 303.7(b), effective January
			 3, 2011, to establish an interstate central registry (ICR) responsible for
			 receiving, transmitting, and responding to inquiries on all incoming
			 intergovernmental cases. The ICR in Ohio is located within the Ohio department
			 of job and family services (ODJFS), office of child support (OCS).
(B) The ICR shall take the following steps
			 within ten business days of receiving an intergovernmental case:
(1) Review the petition and any child support
			 enforcement network (CSENet) transaction for accuracy and
			 completeness;
(2) Perform location
			 as needed;
(3) Partially complete
			 the case intake process in the Ohio case registry, support enforcement tracking
			 system (SETS);
(4) Forward the
			 petition to the child support enforcement agency (CSEA) in the county with
			 administrative responsibility for the case; and
(5) Acknowledge receipt of the petition to
			 the child support agency in the initiating state and advise it of the name and
			 address of the CSEA where the petition was sent for processing.