5101:12-55 Enforcement of the Support Order Based on Finding of Default
5101:12-55-10 Financial Institution Data Match Program
CSPMTL 149
Effective Date: February 11, 2019
Most Current Prior Effective Date: February 1, 2016

(A)This rule and its supplemental rules describe the procedures that a child support enforcement agency (CSEA) shall use when it elects to utilize the financial institution data match (FIDM) program to enforce a support order after a final and enforceable determination of default has been made against the obligor.

(B)The CSEA shall document in its handbook of internal procedures the CSEA's criteria for initiating and utilizing the FIDM program as an optional enforcement technique.

(C)The following terms and definitions apply to this rule and its supplemental rules:

(1)"Access restriction" means, in accordance with section 3123.24 of the Revised Code, that funds within an account may not be withdrawn or transferred. For Ohio FIDM purposes, the access restriction is accomplished via the JFS 04050, "Financial Institution Account Access Restriction" (effective or revised effective date as identified in rule 5101:12-55-99 of the Administrative Code).

(2)For the purposes of this rule, "account" refers to a demand deposit account, checking account, negotiable withdrawal order account, savings account, time deposit account, money-market mutual fund account, or similar account that may be readily converted to cash.

(3)"Financial institution" means, in accordance with section 3121.01 of the Revised Code, a bank, savings and loan association, credit union, regulated investment company or mutual fund.

(4)"Protected benefit" has the same meaning as in rule 5101:12-50-10 of the Administrative Code.

(5)"Withdrawal directive" means an order to a financial institution to withdraw a specific amount of funds from an obligor's account and transmit the withdrawn funds to the office of child support within the department of job and family services. For Ohio FIDM purposes, the withdrawal directive is accomplished via the JFS 04055, "Financial Institution Account Withdrawal Directive" (effective or revised effective date as identified in rule 5101:12-55-99 of the Administrative Code).

Replaces: 5101:12-55-10

Effective: 2/11/2019

Five Year Review (FYR) Dates: 02/11/2024

Certification: CERTIFIED ELECTRONICALLY

Date: 01/29/2019

Promulgated Under: 119.03

Statutory Authority: 3125.25

Rule Amplifies: 3121.01, 3123.25, 3123.24, 3121.74

Prior Effective Dates: 08/17/1999, 10/01/2001, 10/02/2006, 12/01/2011, 02/01/2016