Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-50 - Enforcing Support Orders › Section 5101:12-50-50 - Judicial enforcement actions

Current through all regulations passed and filed through July 1, 2024
(A) This rule describes judicial enforcement
			 actions that a child support enforcement agency (CSEA) with administrative
			 responsibility is required to or may take in addition to other enforcement
			 actions described in division 5101:12 of the Administrative Code. The
			 enforcement actions described in this rule require the filing of a judicial
			 motion or complaint. The CSEA shall consult with its legal counsel regarding
			 the proper filing of actions described in this rule.
(B) Required judicial enforcement action that
			 the CSEA shall take.
In accordance with section
				3123.19 of the Revised Code, if
				the CSEA determines that an obligor in default under a support order has a
				claim against another person or is a party in a pending judicial action, the
				CSEA shall immediately file either a motion to intervene or a creditor's bill
				with the court in which the action is pending.
(C) Discretionary judicial enforcement
			 actions that the CSEA may take. This paragraph does not preclude a CSEA from
			 taking any additional judicial enforcement actions that may be appropriate, but
			 are not listed in this rule.
(1) In accordance
			 with the provisions of section
			 2705.031 of the Revised Code,
			 the CSEA may file a contempt action against an obligor for failure to pay
			 support.
(2) In accordance with
			 section 2117.06 of the Revised Code, a
			 CSEA may file a claim against the estate of an obligor who is deceased for the
			 purpose of collecting any arrears that are due under the support order.
			 The claim is to be presented within six months after
			 the obligor's date of death, whether or not the estate is released from
			 administration or an executor or administrator is appointed during that
			 six-month period.
(3) In
			 accordance with section
			 3123.182 of the Revised Code, a
			 CSEA may file an action for execution on a certified pay-off statement issued
			 by a CSEA.
(4) In accordance with
			 sections 1336.01 to
			 1336.11 of the Revised Code, the
			 CSEA may bring an action, subject to the limitations in section
			 1336.08 of the Revised Code, to
			 obtain any relief the circumstances require against an obligor who makes a
			 fraudulent transfer of assets or enters into a fraudulent obligation to avoid
			 paying under the support order. Relief may include invalidation of the transfer
			 or obligation to the extent necessary to satisfy the arrearage.
(5) In accordance with the provisions of rule
			 65(A) of the Rules of Civil Procedure (7/1/1970) (
www.supremecourt.ohio.gov
), the CSEA
			 may file a request for a temporary restraining order with the court in which an
			 action described in division 5101:12 of the Administrative Code has been filed
			 if it appears to the CSEA that immediate and irreparable injury, loss or damage
			 will result before the action can be heard.
(6) In accordance with the provisions of
			 Chapter 2329. of the Revised Code, the CSEA may file an action for execution
			 against property owned by an obligor.
(7) The CSEA may take action against a payor
			 who fails to comply with the requirements of an income withholding or deduction
			 notice as described in sections
			 3121.371 and
			 3121.381 of the Revised
			 Code.
(8) The CSEA may file an
			 action requesting a court to join the CSEA as a party to an action to enforce a
			 support order.
(9) The CSEA may
			 refer a case to the county prosecutor for possible criminal nonsupport action
			 under section 2919.21 of the Revised
			 Code.
(10) In accordance with
			 sections 3123.14 and
			 3123.15 of the Revised Code,
			 when the child support order is terminated for any reason, the obligor is or
			 was in default at any time under the support order, and the obligor owes
			 arrears after the termination of the order, the obligee may submit an
			 application to the CSEA to obtain relief. The CSEA shall commence the
			 appropriate administrative or judicial action within twenty days after
			 completion of such application.