Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-1 - Support enforcement › Section 5101:12-1-53 - Program income

Current through all regulations passed and filed through July 1, 2024
(A) Revenues resulting from Title IV-D case
			 activity shall be considered IV-D program income and shall not be used as any
			 portion of the nonfederal share of program funding. Revenues resulting from
			 Title IV-D case activity are deducted from expenditures presented for federal
			 reimbursement. IV-D program income revenue shall be used for the operation of
			 the IV-D child support program.
(B)
			 Only revenues resulting from Title IV-D case activity shall be considered IV-D
			 program income. Revenues resulting from non-IV-D case activity may be used at
			 the discretion of the child support enforcement agency (CSEA) or the Ohio
			 department of job and family services (ODJFS), including being used to provide
			 the nonfederal share of funds for the child support program.
(C) The CSEA must report as revenue on the
			 JFS 02750, "Child Support Enforcement Agency Quarterly Financial
			 Certification" (effective or revised effective date as
			 identified in rule
			 5101:12-1-99
			 of the Administrative Code) all program income described in this rule that is
			 allocated to the CSEA and income the CSEA collects and retains. The CSEA must
			 complete the JFS 02750 as described in rule
			 5101:9-7-29
			 of the Administrative Code.
(D)
			 Paragraphs (D)(1) to (D)(8) of this rule identify the various forms of program
			 income.
(1) The processing charge collected
			 on Title IV-D cases shall be considered IV-D program income to the
			 CSEA.
(2) Any amount earned through
			 investment of IV-D collections, such as interest earned from collections made
			 on behalf of child support obligees, shall be considered IV-D program income.
			 If a CSEA or ODJFS pays service fees on an income-producing account, only the
			 net amount (investment income less service fees) shall be reported. The CSEA or
			 ODJFS shall maintain a record of investment revenue and service fees relative
			 to the depository account. There is no net investment income to report nor
			 transfer if the service fees exceed investment income.
(3) Recovered IV-D allowable payments such as
			 IV-D allowable clerk of court fees, court costs, and genetic testing fees for
			 paternity determination made by the CSEA shall be considered IV-D program
			 income. If any of these items are returned to ODJFS, it is program income to
			 ODJFS. If any is retained at the CSEA, it becomes program income to the CSEA
			 through the administrative fund.
(4) When the CSEA does not absorb the IV-D
			 application fee, the fee shall be considered IV-D program income to the
			 CSEA.
(5) The CSEA may charge
			 miscellaneous fees, such as photocopy charges, provided the fee charged is
			 sufficient to cover costs yet nominal enough not to discourage the right of
			 access to information in the files. The fees charged for services on IV-D cases
			 shall be considered IV-D program income to the CSEA through the administrative
			 fund.
(6) Unclaimed funds.
(a) A IV-D payment that becomes unclaimed
			 pursuant to rule
			 5101:12-80-25 of
			 the Administrative Code shall be reported as program income. At such time that
			 the payment is claimed by its owner, unclaimed funds collected by the owner
			 shall be reported as a reduction to program income.
(b) A IV-D payment that loses unclaimed
			 status pursuant to former rule 5101:1-29-71.2 of the Administrative Code shall
			 be reported as program income.
(7) Interest paid pursuant to section
			 3123.17
			 of the Revised Code on assigned arrears shall be considered IV-D program income
			 to ODJFS.
(8) Any fine imposed in a
			 IV-D case that the CSEA or ODJFS has retained shall be considered IV-D program
			 income.