(A)This rule and
its supplemental rules describe the procedures for the administrative review
and adjustment of child support orders. The child support enforcement agency
(CSEA) shall proceed in accordance with this rule and its supplemental rules
when a IV-D application as described in paragraph (A) of rule 5101:12-10-01.1
of the Administrative Code or a IV-D referral as described in paragraph (B) of
rule 5101:12-10-01.1 of the Administrative Code that has been completed and filed
with the CSEA.
(B)The following
terms and definitions are applicable to this rule and its supplemental rules:
(1)"Adjustment"
means a change in the:
(a)Amount of a
current child support obligation;
(b)Amount of an
ordered payment on arrears;
(c)Amount of a
current cash medical support obligation; or
(d)Medical
support provision:
(i)To provide private health insurancecare coverage for the child subject to the child
support order; or
(ii)To provide
cash medical support; or
(iii)For the
shared responsibility of uncovered health care expenses.
(2)"Date
certain" means the date on which the administrative review of the child
support order is initially scheduled to be conducted.
(3)"Date of
the most recent support order" means the effective date of the last child
support order, which was issued as a result of a calculation using the Ohio
child support guidelines, including a no-change order.
(4)"Evidence"
may include but is not limited to: a written statement, letter, or affidavit by
the requesting party or a person with personal knowledge of the circumstances;
a letter or other documentation from the requesting party's current or past
employer, pay stubs, other employment records; written communication from the
state or county department of job and family services documenting the receipt
of or approval of eligibility for public assistance or unemployment
compensation benefits; or any other relevant documentation.
(5)"Guidelines"
refers to the Ohio child support guidelines:
(a)As set forth
in Chapter 3119. of the Revised Code, prior to March 28;, 2019; or
(b)As set forth
in accordance with rule 5101:12-1-17 of the Administrative Code, on or after
March 28, 2019.
(6)"Non-requesting
party" means the person who did not submit the JFS 01849, "Request
for Administrative Review of the Support Order" (effective or revised
effective date as identified in rule 5101:12-60-99 of the Administrative Code),
or, in an administrative review initiated by the CSEA, the obligor.
(7)"Parent"
means a mother or father of the child of the support order.
(8)"Party"
or "parties" means the obligee, which may be a caretaker or any partyindividual or entity
with legal or physical custody of the child,
and/or the obligor(s) to a child support order.
When a party has a legal guardian or an authorized
representative, the legal guardian or an authorized representative may submit
documentation on behalf of the party.
(9)"Review"
means an objective evaluation of information necessary to determine:
(a)Child support
and cash medical support obligations based on the application of the
guidelines; and
(b)Medical
support provisions identified in paragraph (B)(1)(d) of this rule.
(C)The CSEA shall
use the guidelines:
(1)As set forth
in Chapter 3119. of the Revised Code for administrative reviews initially
scheduled to be reviewed prior to March 28, 2019; or
(2)As set forth
in accordance with rules 5101:12-1-17 and 5101:12-45-10 of the Administrative
Code for administrative reviews initially scheduled to be reviewed on or after
March 28, 2019; and
(3)As a
rebuttable presumption in the administrative review and adjustment of a child
support order. The CSEA shall not deviate from the use of the guidelines in
calculating and recommending a revised amount.
(D)When an
administrative review indicates that an adjustment is appropriate, the CSEA
shall recommend the adjustment of the child support order. An adjustment is
only appropriate when:
(1)The
recommended amount of a child support obligation or a cash medical support
obligation is more than ten per cent different than the existing obligation; or
(2)There is a
change in a medical support provision identified in paragraph (B)(1)(d)(i) or
(B)(1)(d)(ii) of this rule. A change in the medical support provision
identified in paragraph (B)(1)(d)(iii) of this rule alone does not warrant an
adjustment.
(E)The CSEA shall
only administratively review and adjust the child support obligation, the cash
medical support obligation, the payment on arrears, and the medical support
provisions identified in paragraph (B)(1)(d) of this rule that may be contained
in a child support order. The CSEA shall not review or adjust other provisions
of the order such as tax exemptions, the allocation of the parental rights and
responsibilities for the care of the child, or spousal support.
(F)The CSEA shall
not conduct an administrative review and adjustment on the payment on an
arrears only case.
(G)In providing
support enforcement program services, including an administrative review and
adjustment, the CSEA and its contracted agents (e.g., prosecutors, attorneys,
administrative officers) represent the best interests of the state of Ohio and
not the recipient of services or the recipient's personal interest, when that
interest is contrary to the interest of the state of Ohio.
(H)Every
thirty-six months after the date of the most recent child support order, the
Ohio department of job and family services, office of child support will issue
a JFS 07049, "Notice of Right to Request Review of Child and Medical
Support Order" (effective or revised effective date as identified in rule
5101:12-60-99 of the Administrative Code), to notify each party of the right to
request an administrative review. The JFS 07049 provides the parties with the
procedures for requesting an administrative review and the appropriate place
and manner in which the request should be made.
Effective: 1/15/2020
Five Year Review (FYR) Dates: 2/14/2024
Certification: CERTIFIED ELECTRONICALLY
Date: 12/30/2019
Promulgated Under: 119.03
Statutory Authority: 3125.25
Rule Amplifies: 3119.60, 3119.61, 3119.63, 3125.03
Prior Effective Dates: 01/01/1987 (Emer.), 03/20/1987,
12/01/1987, 12/31/1990 (Emer.), 02/21/1991, 03/18/1991, 07/15/1992, 09/01/1993,
12/31/1993, 06/01/1994, 01/01/1995, 06/21/1996, 07/22/1996, 01/01/1998,
12/01/2001, 09/01/2005, 03/01/2009, 11/01/2015, 02/14/2019