(A)A final and
enforceable determination of default and of the amount of arrears owed exists
when:
(1)The office of
child support (OCS) within the Ohio department of job and family services
issues a JFS 04049, "Notice to Obligor of Default and Potential Action"
(effective or revised effective date as identified in rule 5101:12-55-99 of the
Administrative Code), to the obligor and the obligor does not request an
administrative mistake of fact hearing within fourteen days of the date the JFS
04049 was issued. The amount of arrears owed pursuant to the determination of
default is the amount indicated on the JFS 04049.
(2)The obligor
requests an administrative mistake of fact hearing on the JFS 04049 or the JFS 07083, "Notice to Obligor Regarding Default
and 20% Payment on Arrears" (effective or revised effective date as
identified in rule 5101:12-55-99 of the Administrative Code) but does
not request a court hearing within fourteen days of the date of the
administrative mistake of fact hearing determination was issued. The amount of
arrears owed pursuant to the determination of default is the amount indicated
on the administrative mistake of fact hearing determination.
(3)The obligor
requests a court hearing on the administrative mistake of fact hearing
determination and the court issues a determination. The amount of arrears owed
pursuant to the determination of default is the amount indicated on the court
determination.
(B)Within fifteen
days of the date that a JFS 04049 becomes a final
and enforceable determination of default occurs,
the child support enforcement agency (CSEA) shall:
(1)When a JFS 04047, "Income Withholding for Support" (effective or revised
effective date as identified in rule 5101:12-10-995101:12-50-99 of
the Administrative Code), or JFS 04017, "Notice to Deduct Funds for Child
and Spousal Support" (effective or revised effective date as identified in
rule 5101:12-50-99 of the Administrative Code), was not issued upon
identification of default, issue a JFS 04047 or JFS 04017 to any available
income or source of funds.
(2)When a JFS 04047 or JFS 04017 was issued and the final and enforceable determination of
default altered the arrears payment amount stated in the JFS 04049 or JFS 07083, issue a revised JFS 04047 or JFS 04017,
when necessary.
(3)When a JFS 04047 or JFS 04017 was issued and the final and enforceable determination of
default did not alter the arrears payment amount stated in the JFS 04049 or JFS 07083, permit the JFS 04047 or JFS 04017 to
remain in effect.
(C)When an obligor
is subject to a final and enforceable determination of default, the CSEA shall
enforce the support order using all required enforcement techniques, and may
use any additional appropriate enforcement techniques, described in Chapters
5101:12-50 and 5101:12-55 of the Administrative Code.
Effective: 8/1/2023
Five Year Review (FYR) Dates: 5/1/2023 and 08/01/2028
Certification: CERTIFIED ELECTRONICALLY
Date: 07/06/2023
Promulgated Under: 119.03
Statutory Authority: 3125.25
Rule Amplifies: 3123.032, 3123.04, 3123.05, 3123.06
Prior Effective Dates: 05/14/1977, 08/01/1982, 05/01/1987,
10/01/1987, 12/20/1988, 09/01/1989, 12/16/1989, 08/01/1990, 10/09/1990,
04/01/1991, 07/15/1992, 06/01/1993, 10/07/1993, 12/31/1993, 01/01/1995,
07/01/1996, 01/01/1998, 12/01/2001, 05/19/2002, 09/01/2005, 04/15/2008,
03/01/2013, 02/01/2016, 02/11/2019