(A)This rule and
its supplemental rules describe how the child support enforcement agency (CSEA)
with administrative responsibility for a child support order administratively
terminates the current child support obligation and the medical support
provisions when a required or optional administrative termination reason existexists. The CSEA shallwill 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 has been completed and filed with the CSEA.
(B)Definitions.
The following definitions, unless otherwise noted, apply to
rules in division 5101:12 of the Administrative Code:
(1)"Age of
majority" has the same meaning as in section 3109.01 of the Revised Code.
(2)"Child
support order" has the same meaning as in section 3119.01 of the Revised
Code. For the purposes of this rule and its supplemental rules, "child
support order" includes medical support provisions contained in the child
support order.
(3)"Overpaid
child support" has the same meaning as in rule 5101:12-50-20 of the
Administrative Code.
(C)In accordance with section 3119.87 of
the Revised Code, the parent who is the residential parent and legal custodian
of a child for whom a child support order is issued or the person who otherwise
has custody of a child for whom a child support order is issued immediately
shall notify, and the obligor under a child support order may notify, the CSEA
administering the child support order of any reason for which the child support
order should terminate. Nothing in this paragrah shall preclude a person from
notifying the agency that a reason for which a child support order should
terminate is imminent. With respect to a court child support order, a willful
failure to notify the CSEA as required by section 3119.87 of the Revised Code
is contempt of court.
(D)(C) The CSEA shallwill initiate an administrative termination
investigation to determine whether the child support order should terminate
when there is a required an
administrative termination reason. A requiredAn administrative termination reason includes all of
the following:
(1)The child
attains the age of majority if the child no longer attends an accredited high
school on a full-time basis and the child support order requires support to
continue past the age of majority only if the child continuously attends a high
school after attaining that age;
(2)The child
ceases to attend an accredited high school on a full-time basis after attaining
the age of majority, if the child support order requires support to continue
past the age of majority only if the child continuously attends such a high
school after attaining that age;
(3)A termination
condition specified in the court child support order has been met for a child
who reaches nineteen years of age;
(4)The child's
death;
(5)The child's
marriage;
(6)The child's
emancipation;
(7)The child's
enlistment in the armed services when the child no longer attends an accredited
high school on a full-time basis;
(8)The child's
deportation;
(9)A change of
legal custody of the child, which includes but is not limited to the granting of permanent custody of the child to a public
children services agency or the termination of parental rights of the obligor
through another court action;:
(a)The granting of permanent custody of
the child to a public children services agency (PCSA); and
(b)The termination of parental rights of
the obligor through another court action; and
(c)The obligee's death, unless pursuant
to section 3119.955 of the Revised Code the CSEA has determined that any reason
exists for which the child support order should be redirected to a caretaker.
(10) The child's
adoption;
(11) The obligor's
death;
(12) The grandparent
to whom support is being paid or a grandparent who is paying support reports
that the grandparent's support order should terminate as a result of one of the
events described in division (D) of section 3109.19 of the Revised Code; or
(13) Marriage of the
obligor under a child support order to the obligee, if the obligor and obligee
reside together with the child.
(E)(D) Pursuant to division (B) of section 3119.88 of
the Revised Code a court may also terminate an order for any other appropriate
reasons brought to the attention of the court, unless otherwise prohibited by
law.
(F)(E) The CSEA may elect to initiate an
administrative termination investigation to determine whether the child support
order should terminate when:
(1)There is an
administrative child support order and a court child support order has been
issued that involves the same parties and child; or
(2)A court makes
a controlling order determination and the controlling order is not the
administrative child support order or court support order that the CSEA is
responsible for enforcing.
(G)(F) When the obligor or obligee requests the CSEA
to terminate the child support order and the reason for terminating the child
support order is not one of the administrative termination reasons listed in
paragraph (D)(C) of
this rule or a termination reason utilized by the CSEA in paragraph (F)(E) of this rule, the
CSEA shallwill not
administratively terminate the child support order. Instead, the CSEA:
(1)ShallWill issue a JFS
07521, "Results of Support Order Termination Investigation"
(effective or revised effective date as identified in rule 5101:12-60-99 of the
Administrative Code), to the last known address of the person who requested the
termination of the child support order.
(2)May elect but
is not required to assist the person with filing the action to terminate the
child support order with the appropriate court.
(H)(G) In accordance with section 3119.89 of the
Revised Code, the CSEA shallwill not conduct an administrative review and
adjustment of the child support order for any other children subject to the
child support order until a final administrative or judicial order has been
issued regarding the administrative termination investigation's findings and
recommendations.
Effective: 5/1/2024
Five Year Review (FYR) Dates: 2/12/2024 and 05/01/2029
Certification: CERTIFIED ELECTRONICALLY
Date: 04/18/2024
Promulgated Under: 119.03
Statutory Authority: 3119.94, 3125.25
Rule Amplifies: 3119.87, 3119.88
Prior Effective Dates: 08/01/1990, 04/01/1992, 09/01/1993,
12/31/1993, 01/01/1995, 01/01/1998, 08/01/1998, 12/01/1998, 08/01/2003,
10/30/2003, 09/03/2005, 01/01/2006, 11/15/2008, 08/01/2014, 09/01/2016,
02/11/2019