Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-70 - Intergovernmental Cases › Section 5101:12-70-05 - Scope and definitions for intergovernmental cases

Current through all regulations passed and filed through July 1, 2024
(A) This rule and
			 its supplemental rules describe the procedures for processing an
			 intergovernmental case for child support enforcement services.
(B) An initiating or responding child support
			 enforcement agency (CSEA) as defined in this rule shall process
			 intergovernmental cases in accordance with this rule and its supplemental
			 rules, federal regulations found at
			 45 C.F.R.
			 303.7 effective January 03, 2011, and
			 provisions of the Uniform Interstate Family Support Act (UIFSA)(2008) enacted
			 as sections
			 3115.102 to
			 3115.903 of the
			 Revised Code. This rule and its supplemental rules do not apply when a court is
			 acting as the tribunal pursuant to division (CC) of section
			 3115.102 of the
			 Revised Code.
(C) The following
			 definitions, as well as those found in section
			 3115.102 of the
			 Revised Code, apply to this rule and its supplemental rules:
(1) "Agency," for the purpose of this rule,
			 means a child support enforcement agency (CSEA), acting as a tribunal in
			 accordance with section
			 3115.203
			 of the Revised Code, another state, a tribal IV-D agency, or an agency in a
			 country, as defined in this rule.
(2) "Central authority" means the entity
			 designated by the United States or a foreign country
			 described in division (E)(4) of section
			 3115.102 the Revised
			 Code to perform the functions specified in the convention.
(3) "Child Support Enforcement Network"
			 (CSENet) means the electronic communications network developed by the federal
			 office of child support enforcement (OCSE) to transmit and receive case
			 information between states in a standardized format.
(4) "Continuing exclusive jurisdiction" (CEJ)
			 means the authority an issuing tribunal has to modify an order to the exclusion
			 of all other jurisdictions. A state has CEJ over a valid child support order
			 issued in that state at any time either the individual obligee, obligor or the
			 child resides in that state or the parties have consented in a record or open
			 court that the tribunal of the state may continue to exercise jurisdiction to
			 modify its order.
(5) "Controlling
			 order state" means:
(a) The state in which the
			 only child support order was issued; or
(b) Where multiple orders exist, the state in
			 which the order determined by a tribunal to control the prospective current
			 child support order was issued.
(6) "Convention" means the convention on the
			 international recovery of child support and other forms of family maintenance,
			 concluded at "The Hague" on November 23, 2007.
(7) "Foreign country" means a country,
			 including a political subdivision of the country, other than the United States,
			 that authorizes the issuance of support orders to which at least one of the
			 following applies:
(a) It has been declared
			 under the law of the United States to be a foreign reciprocating
			 country;
(b) It has established a
			 reciprocal arrangement for child support with this state as provided in section
			 3115.308
			 of the Revised Code;
(c) It has
			 enacted a law or established procedures for the issuance and enforcement of
			 support orders that are substantially similar to the procedures under this
			 chapter;
(d) It is a country in
			 which the convention is in force with respect to the United States.
(8) "Form" means a
			 federally-approved document used for the establishment and enforcement of child
			 support obligations whether compiled or transmitted in written or electronic
			 format. In interstate cases, such forms include those used for child support
			 enforcement proceedings under UIFSA and described in rule 5101:12-70-05.11 of
			 the Administrative Code.
(9) "Home
			 state" means the state or foreign country in which a child lived with a parent
			 or person acting as parent for at least six consecutive months immediately
			 preceding the time of filing of a petition or comparable pleading for support
			 and, if a child is less than six months old, the state or foreign country in
			 which the child lived from birth with any of them. A period of temporary
			 absence of any of them is counted as part of the six-month or other
			 period.
(10) "Initiating agency"
			 means an agency in which an individual has applied for or is receiving services
			 and the agency initiates a two state intergovernmental case to a responding
			 jurisdiction.
(11)
			 "Intergovernmental case" means a case in which the person or entity that is
			 eligible to receive support resides in one state or country, and the person
			 obligated to pay support resides in, has income or assets from, or the order is
			 from, another state or country. An intergovernmental case may include a case in
			 which a state agency is seeking only to collect support arrearages, whether
			 owed to the family or assigned to the state.
(12) "International case" means an
			 intergovernmental case in which the person or entity that is eligible to
			 receive support resides in one country, and the person obligated to pay support
			 resides in, has income or assets from, or the order is from, another
			 country.
(13) "Interstate case"
			 means an intergovernmental case in which the person or entity that is eligible
			 to receive support resides in one state, and the person obligated to pay
			 support resides in, has income or assets from, or the order is from, another
			 state.
(14) "Long arm jurisdiction"
			 means the exercise of a state's personal jurisdiction over a
			 non-resident.
(15) "One-state
			 remedies" means the exercise of a state's jurisdiction over an obligor for the
			 purpose of direct establishment, enforcement, or other action by a state
			 against an obligor in accordance with the long arm provision of
			 UIFSA.
(16) "Registration" means
			 the act of filing in a tribunal of this state a support order or judgment
			 determining parentage of a child issued in another state or a foreign
			 country.
(17) "Responding agency"
			 means the agency that is providing services in response to a referral from an
			 initiating agency in an intergovernmental case.
(18) "State" means a state of the United
			 States, the District of Columbia, Puerto Rico, the United States Virgin
			 islands, or any territory or insular possession under the jurisdiction of the
			 United States. The term includes an Indian nation or tribe.
(19) "Tribunal" means, pursuant to section
			 3115.102 of the
			 Revised Code, a court, administrative agency, or quasi-judicial entity
			 authorized to establish, enforce, or modify support orders or to determine
			 parentage of a child.
(20) "Uniform
			 Interstate Family Support Act" (UIFSA) means the model act promulgated by the
			 "National Conference of Commissioners on Uniform State Laws" (NCCUSL) now known
			 as the "Uniform Law Commission" (ULC) and mandated by section 466(f) of the
			 Social Security Act to be in effect in all states.