(A)All support
collections shall allocate according to the standard hierarchy described in
this rule except as follows:
(1)When a support
collection is received from unemployment compensation, the collection shall not
allocate to spousal support, processing charges, or debt.
(2)When a support
collection is received from a state income tax refund offset, the collection
shall not allocate to processing charges or debt.
(3)When a support
collection is received from a federal income tax refund offset, the collection
shall allocate in accordance with rule 5101:12-80-10.1 of the Administrative
Code.
(B)Unless
otherwise noted, the following definitions are applicable to all rules in
Chapter 5101:12-80 of the Administrative Code:
(1)"Accrue"
means to add the unpaid portion of the current obligation to any previously
accumulated arrears.
(2)"Arrears"
means the cumulative amount of any unpaid current obligation, unpaid processing
charges, and any other debt owed by the obligor.
(3)"Assigned
arrears" means:
(a)Child, past
care, or spousal support arrears that are assigned to the Ohio department of
job and family services (ODJFS) pursuant to a public assistance assignment.
(b)Child support
arrears that are assigned to ODJFS pursuant to a Title IV-E foster care
maintenance (FCM) assignment.
(c)Medical
support arrears that are assigned to ODJFS pursuant to a medicaid assignment.
(4)"Conditionally
assigned arrears" means child, past care, or spousal support arrears that
accrued before the child or family received public assistance when the
assignment was entered into before October 1, 2009.
(a)"Assigned
conditionally assigned arrears" means arrears that accrued before the
child or family received public assistance and are temporarily assigned to
ODJFS while the child or family currently receives public assistance.
(b)"Unassigned
conditionally assigned arrears" means the child or family no longer
receives public assistance so the arrears are unassigned unless the collection
is from a federal tax refund offset. When the collection is from a federal tax
refund offset, the arrears are assigned to ODJFS.
(5)"Current
obligation" means the amount the obligor is ordered to pay each month for
any of the following:
(a)Current child support.
(b)Current spousal
support.
(c)Current cash
medical support.
(d)Current ongoing
medical support.
Current obligation does not include arrears, debt, processing
charges, or other charges.
(6)"Debt,"
for the purposes of this rule and its supplemental rules, means an amount owed
by the obligor for any of the following:
(a)Attorney fees.
(b)Court costs.
(c)Filing fees.
(d)Genetic testing
costs.
(e)Interest.
(f)Other fees.
(7)"Determination,"
for the purposes of this rule and its supplemental rules, means the amount of
arrears or other debt has been established by the default process as described
in Chapter 5101:12-55 of the Administrative Code, court order(s), or other
legally-binding process.
A determination is also referred to as an "adjudication."
(8)"Futures"
means support collections received that exceed the current obligation and all
ordered payments, arrears, debts and balances.
(a)"Assigned
futures" means futures that accrue while the family or child receive
public assistance or the child receives FCM benefits.
(b)"Unassigned
futures" means futures that accrue while the family is not receiving
public assistance and the child is not receiving public assistance or FCM
benefits.
(9)"Never
assigned arrears" means:
(a)Child, past
care, or spousal support arrears that accrue while the child or family does not
receive public assistance.
(b)Child support
arrears that accrue while the child does not receive FCM benefits.
(c)Unassigned
pre-assistance arrears.
(10) "Ordered
payment" means a monthly payment obligation based upon a determination.
(11) "Past care
support" means an amount a court orders pursuant to division (F) of
section 3111.13 of the Revised Code for the obligor to pay for the support of a
child for the period of time before the establishment of a child support order.
"Past care support" does not include child support
arrears that accrue because of failure to pay or because a support order has an
effective date that is before the date the support order is journalized.
(12) "Permanently
assigned arrears" means:
(a)Child, past
care, or spousal support arrears that accrued before or while the child or
family received public assistance, when the public assistance assignment was
entered into before October 1, 1997.
(b)Child, past care,
or spousal support arrears that accrue while the child or family receives
public assistance, when the public assistance assignment is entered into on or
after October 1, 1997.
(c)In an FCM
case:
(i)Child support
arrears that accrue while the child receives FCM benefits; and
(ii)Child support
arrears that accrued before the child was receiving FCM benefits that are
assignable, as described in rule 5101:12-80-14.2 of the Administrative Code.
(13) "Public
assistance," means Ohio works first and aid to families with dependent
children benefits.
(14) "Unassigned
arrears" means arrears that are not assigned pursuant to a public
assistance, FCM, or medicaid assignment.
(a)"Unassigned
during assistance arrears" means the amount of permanently assigned
arrears that exceed the URA amount when the child or family stops receiving
public assistance.
Unassigned during assistance arrears do not accrue.
(b)"Unassigned
pre-assistance arrears" means the amount of previously assigned arrears
that accrued before the family or child received public assistance or before
the child received FCM benefits and that exceed the URA amount when:
(i)The child or
family stops receiving public assistance; or
(ii)The child
stops receiving FCM benefits, in accordance with paragraph (D) of rule
5101:12-80-14.2 of the Administrative Code.
Unassigned pre-assistance arrears are converted to never
assigned arrears when public assistance or FCM benefits stop.
(15) "Unreimbursed
assistance" has the same meaning as in rule 5101:12-80-09 of the
Administrative Code.
(C)In accordance
with paragraph (A) of this rule, support collections shall allocate:
(1)First to the
current obligation in the following order:
(a)Child support;
(b)Spousal
support;
(c)Cash medical
support;
(d)Ongoing medical
support;
(2)Then to ordered
payments in the following order:
(a)Child support
arrears;
(b)Past care
support;
(c)Spousal
support arrears;
(d)Cash medical
support arrears;
(e)Ongoing medical
support arrears;
(f)Reimbursement
for birth costs ordered to be paid to ODJFS;
(g)Reimbursement
for medical expenses other than birth costs ordered to be paid to ODJFS;
(h)Reimbursement
for medical expenses ordered to be paid to an individual other than ODJFS;
(3)Then to
processing charges for the current obligation when the case has an active
income withholding notice.
(4)Then according
to the following hierarchy:
(a)For a case not
currently receiving public assistance or FCM benefits:
(i)First to
never assigned arrears in the following order:
(a)Child support;
(b)Past care
support;
(c)Spousal
support;
(ii)Then to
unassigned conditionally assigned arrears in the following order:
(a)Child support;
(b)Past care
support;
(c)Spousal
support;
(iii)Then to
permanently assigned arrears in the following order:
(a)Child support;
(b)Past care
support;
(c)Spousal
support;
(iv)Then to
assigned medical support arrears in the following order:
(a)Cash medical
support;
(b)Ongoing medical
support;
(c)Reimbursement
for birth costs ordered to be paid to ODJFS;
(d)Reimbursement
for medical expenses other than birth costs ordered to be paid to ODJFS;
(v)Then to
unassigned during assistance arrears in the following order:
(a)Child support;
(b)Past care
support;
(c)Spousal
support;
(vi)Then to
unassigned medical support arrears in the following order:
(a)Cash medical
support;
(b)Ongoing medical
support;
(c)Reimbursement
for medical expenses ordered to be paid to an individual other than ODJFS;
(b)For a case
currently receiving public assistance or FCM benefits:
(i)First to
permanently assigned arrears in the following order:
(a)Child support;
(b)Past care
support;
(c)Spousal
support;
(ii)Then to
assigned conditionally assigned arrears in the following order:
(a)Child support;
(b)Past care support;
(c)Spousal
support;
(iii)Then to
unassigned conditionally assigned arrears in the following order:
(a)Child support;
(b)Past care
support;
(c)Spousal
support;
(iv)Then to never
assigned arrears in the following order:
(a)Child support;
(b)Past care
support;
(c)Spousal
support;
(v)Then to
assigned medical support arrears in the following order:
(a)Cash medical
support;
(b)Ongoing medical
support;
(c)Reimbursement
for birth costs ordered to be paid to ODJFS;
(d)Reimbursement
for medical expenses other than birth costs ordered to be paid to ODJFS;
(vi)Then to
unassigned during assistance arrears in the following order:
(a)Child support;
(b)Past care
support;
(c)Spousal
support;
(vii) Then to
unassigned medical support arrears in the following order:
(a)Cash medical
support;
(b)Ongoing medical
support;
(c)Reimbursement
for medical expenses ordered to be paid to an individual other than ODJFS;
(5)Then to
processing charges for the current obligation when the case does not have an
active income withholding notice;
(6)Then to ordered
payments on debt in the following order:
(a)Genetic testing
fees;
(b)Court costs;
(c)Filing fees;
(d)Attorney fees;
(e)Other fees;
(f)Interest on
unassigned arrears;
(g)Interest on
assigned arrears;
(h)Interstate
processing fees;
(7)Then to
processing charge arrears;
(8)Then to debt in
the following order:
(a)Genetic testing
fees;
(b)Court costs;
(c)Filing fees;
(d)Attorney fees;
(e)Other fees;
(f)Interest on
unassigned arrears;
(g)Interest on
assigned arrears;
(h)Interstate
processing fees;
(9)Then any
remaining funds shall:
(a)Allocate to the
current obligation(s) for the future month(s); or
(b)Be issued to
the obligor when:
(i)The current
obligation has been terminated or the current obligation is zero but
collections continue to be received;
(ii)The
collection is from an Ohio state income tax refund offset;
(iii)The
collection is from unemployment compensation; or
(iv)The collection
is appropriately identified as a lump sum payment.
Five Year Review (FYR) Dates: 7/7/2021 and 07/07/2026
Certification: CERTIFIED ELECTRONICALLY
Date: 07/07/2021
Promulgated Under: 119.03
Statutory Authority: 3119.51, 3121.71, 3125.25
Rule Amplifies: 3119.27, 3119.30, 3121.07, 3121.43, 3121.51, 3121.56,
3121.58, 3123.821, 3125.03, 3125.05, 5160.38, 5107.20
Prior Effective Dates: 01/01/1998, 09/20/2001, 09/01/2003,
06/15/2006, 10/01/2009, 05/01/2011, 02/01/2016