CSPMTL 108 (Allocation Hierarchy and Distribution of Assigned Support)
Child Support Program Manual Transmittal Letter No. 108
January 25, 2016
TO: All Child Support Program Manual Holders
FROM: Cynthia C. Dungey, Director
SUBJECT: Allocation Hierarchy and Distribution of Assigned Support

The Office of Child Support (OCS) has amended the following rules. The rules were reviewed in accordance with sections 106.03 and 119.04 of the Revised Code, which requires the review of all state agency rules within a five-year period:

Amended RuleAmended Rule TitlePrior Effective Date of RuleEffective Date of Amendment
5101:12‑80‑10Allocation hierarchy for support collections5/1/20112/1/2016
This rule provides definitions and describes the standardized allocation hierarchy for support collections. Changes to this rule include: added language in paragraph (C)(9)(b) clarifying that when a balance exists from a lump sum payment the balance must be refunded to the obligor; and replaced section 5101.59 with 5160.38 in the supplemental information section under the "Rule Amplifies" line, as this section was renumbered by the 130th General Assembly.
This rule is authorized under ORC sections 3119.51, 3121.71, 3125.25 and amplifies ORC sections 3119.27, 3119.30, 3121.07, 3121.43, 3121.51, 3121.56, 3121.58, 3123.821, 3125.03, 3125.05, 5160.38, and 5107.20.
5101:12‑80‑10.1Allocation hierarchy for federal income tax refund offset collections10/1/20092/1/2016
This rule describes the allocation hierarchy for federal income tax refund offset collections. Changes to this rule include: replaced section 5101.59 with 5160.38 in the supplemental information section under the "Rule Amplifies" line, as this section was renumbered by the 130th General Assembly.
This rule is authorized by ORC sections 3121.71, 3125.25, and amplifies ORC sections 3119.30, 3121.51, 3123.81, 5160.38, and 5107.20.
5101:12‑80‑14Limited assignment, PRWORA assignment, and distribution of assigned support collections10/1/20092/1/2016
This rule provides definitions and describes the provisions of limited assignment and Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA).
Changes to the rule include updating the forms effective date language.
This rule is authorized under ORC section 3125.25 and amplifies ORC sections 3125.03 and 3125.24.

OCS has proposed the following rules as no change. These rules have been reviewed in accordance with sections 106.03 and 119.04 of the Revised Code, which requires the review of all state agency rules within a five-year period. The effective date of this rule will remain the same as the existing rules:

RuleRule TitleEffective Date
5101:12‑80‑10.2Prorating support collections10/1/2009
This rule describes how to prorate a support collection when the Office of Child Support (OCS) or a child support enforcement agency (CSEA) receives a collection, the obligor has more than one support order, and there are no instructions included with the collection or remitter instructions cannot be obtained for apportioning the payment between the support orders.
This rule is authorized under ORC sections 3121.71, 3125.25 and amplifies ORC sections 3125.03, 3121.43, 3121.52, 3121.54, and 3121.56.
5101:12‑80‑14.1Distribution of assigned support in a Title IV-D public assistance case10/1/2009
This rule describes distribution in a Title IV-D public assistance case.
This rule is authorized under ORC sections 3125.25, 5107.05 and amplifies ORC sections 3121.43, 3123.19, and 5107.20.
5101:12‑80‑14.2Assignment and distribution in a Title IV-D/Title IV-E foster care maintenance case10/1/2009
This rule describes the provisions of assignment and distribution in a Title IV-D/Title IV-E foster care maintenance (FCM) case.
This rule is authorized under ORC sections 3125.25, 5107.05 and amplifies ORC sections 3121.43, 3123.19, and 5107.20.

OCS has adopted the following rule:

Adopted RuleAdopted Rule TitleEffective Date of Adopted Rule
5101:12‑80‑99Chapter 5101:12-80 forms - collections and disbursements2/1/2016
This is a new rule that contains a compilation of forms with their effective or revised effective date, referenced within various rules contained within division 5101:12 of the Administrative Code, but first cited within Chapter 5101:12-80 of the Administrative Code.
This rule is authorized by ORC section 3125.25 and amplifies sections 3125.03 and 3125.25.

INSTRUCTIONS:

When the CSPMTL is published, the CSPM will be updated as follows:

  • An amended rule will be inserted and the previous version will be moved to the OAC Archive section of the eManuals.
  • An adopted rule will be inserted.
  • A no change rule will continue with the same effective date.

The rules and forms in the CSPM can be accessed at:

http://emanuals.jfs.ohio.gov.

Forms can also be accessed on the ODJFS Forms Central InnerWeb page at:

http://www.odjfs.state.oh.us/forms/inner.asp

INSTRUCTIONS for CSEA INTERNAL PROCEDURAL HANDBOOK:

Paragraph (I)(1) of OAC rule 5101:12-1-01 states that, whenever a program change requires modification of local procedures, the CSEA is required to revise its internal procedural handbook and submit the revision to OCS within thirty days of the revision. The CSEA should carefully review the adopted and amended rules contained in this CSPMTL to determine whether they require the CSEA to update its internal procedural handbook.