CSPMTL 109 (Rules Impacted by Income Withholding [IW] and New Forms Rule)
Child Support Program Manual Transmittal Letter No. 109
January 25, 2016
TO: All Child Support Program Manual Holders
FROM: Cynthia C. Dungey, Director
SUBJECT: Rules Impacted by Income Withholding (IW) and New Forms Rule

The Office of Child Support (OCS) has amended and adopted the following rules to:

  • Correct the revised effective date and the title of the JFS 04047, "Income Withholding for Support" (IW).
  • Adopt a new rule 5101:12-55-99 to consolidate the effective dates of forms within Chapter 5101:12-55 of the OAC to eliminate amending rules when forms are revised.
  • Amend rules contained in Chapter 5101:12-55 to update the effective date language to the referenced forms.
Amended RuleAmended Rule TitlePrior Effective Date of RuleEffective Date of Amendment
5101:12‑50‑10Income Withholding or Income Deduction3/1/20132/1/2016
This rule describes in part the requirements for a child support enforcement agency (CSEA) to implement income withholding or income deduction. The rule is being amended to update the effective date language to the referenced forms.
This rule is authorized by ORC section 3125.25 and amplifies ORC sections 3121.01, and 3121.0310.
5101:12‑50‑10.2CSEA's Responsibility for Income Withholding and Income Deduction3/1/20132/1/2016
This rule describes when a CSEA shall issue an income withholding or income deduction. The rule is being amended to update the effective date language to the referenced forms.
This rule is authorized by ORC section 3125.25 and amplifies ORC sections 3121.03, 3121.032, 3121.033, 3121.035, and 3121.036.
5101:12‑50‑10.8Withholding from Unemployment Compensation Benefits Initiated by a Child Support Enforcement Agency3/1/20132/1/2016
This rule describes the requirements for withholding unemployment compensation benefits received by an obligor. The rule is being amended to update the effective date language to the referenced forms.
This rule is authorized by ORC section 3125.25 and amplifies ORC sections 3121.07 and 4141.284.
5101:12‑50‑12Lump Sum Payments2/1/20132/1/2016
This rule describes the process used by the CSEA when notified that an obligor is eligible to receive a lump sum payment. The rule is being amended to update the effective date language to the referenced form.
This rule is authorized by ORC section and 3125.25, and amplifies ORC sections 3121.03, 3121.037, 3121.0311, 3121.12, and 3125.03.
5101:12‑50‑19Investigation of Obligor's Source of Income or Status of Account3/1/20132/1/2016
This rule describes how a child support enforcement agency (CSEA) with administrative responsibility shall conduct an investigation of an obligor's employment and/or resources when the CSEA receives notification or becomes aware of a change in the obligor's source of income or status of accounts in a financial institution. The rule is being amended to update the effective date language to the referenced forms.
This rule is authorized by ORC section 3125.25 and amplifies ORC sections 3121.03, and 3121.14.
5101:12‑50‑90Additional Authority to Collect Arrearages3/1/20132/1/2016
This rule describes how a CSEA administering the support order may take enforcement actions to collect any arrearage amount that has not yet been collected. The rule is being amended to update the effective date language to the referenced forms.
This rule is authorized by ORC sections 3123.823 and 3125.25, and amplifies ORC sections 3121.03, 3123.22, 3123.24, 3123.36, 3123.37, 3123.38, 3123.81, 3123.82, 3123.821, 3123.822, and 3123.823.
5101:12‑55‑03.1Identification of Default and Notice to Obligor of Default and Potential Action3/1/20132/1/2016
This rule describes how at the end of each month, the support enforcement tracking system (SETS), upon identifying that an obligor appears to meet the default criteria and the case meets the automatic income withholding criteria, issues a JFS 04047, "Income Withholding for Support" (rev. 7/2015), to the obligor's current employer and the obligor. The rule is being amended to update the effective date language to the referenced forms.
This rule is authorized by ORC section 3125.25, and amplifies ORC sections 3123.021, 3123.022, 3123.03, 3123.061, 3123.07, and 3123.21.
5101:12‑55‑03.2Default Investigation3/1/20132/1/2016
This rule describes the process of how the CSEA shall conduct an investigation once an obligor has been identified to be in default. The rule is being amended to update the effective date language to the referenced forms.
This rule is authorized by ORC section 3125.25, and amplifies ORC section 3123.02.
5101:12‑55‑03.3Administrative Mistake of Fact Hearing Process7/15/20132/1/2016
This rule describes the administrative mistake of fact hearing process for when an obligor who has been found to be in default. The rule is being amended to update the effective date language to the referenced forms.
This rule is authorized by ORC section 3125.25, and amplifies ORC sections 3123.031, 3123.033, 3123.04, and 3123.21.
5101:12‑55‑03.4Final and Enforceable Determination of Default3/1/20132/1/2016
This rule describes when a final and enforceable determination of default exists. The rule is being amended to update the effective date language to the referenced forms, and to correct the title of JFS 04047.
This rule is authorized by ORC section 3125.25, and amplifies ORC sections 3123.032, 3123.04, 3123.05, and 3123.06.
5101:12‑55‑10Financial Institution Data Match Program12/1/20112/1/2016
This rule describes the financial institution data match (FIDM) program, including FIDM definitions, account information access agreements, financial institution rights and responsibilities, and the FIDM procedures that the CSEA is required to follow. The rule is being amended to update the effective date language to the referenced forms.
This rule is authorized by ORC section 3125.25, and amplifies ORC sections 3121.01, 3121.74, 3123.24, and 3123.25.
5101:12‑55‑10.1Investigation of an Account, Imposing an Access Restriction, and Releasing an Access Restriction12/1/20112/1/2016
This rule describes the procedures that the CSEA is required to follow when it investigates an account, imposes an access restriction, or releases an access restriction. The rule is being amended to update the effective date language to the referenced forms.
This rule is authorized by ORC section 3125.25, and amplifies ORC sections 3123.25, 3123.26, and 3123.27.
5101:12‑55‑10.2Administrative and Court Hearings for Ownership Interest in an Account12/1/20112/1/2016
This rule describes the administrative hearing procedures that the CSEA is required to follow as well as the court process when the joint account owner requests an administrative or court hearing. The rule is being amended to update the effective date language to the referenced forms.
This rule is authorized by ORC section 3125.25 and amplifies ORC sections 3123.29, 3123.30, 3123.31, 3123.32, 3123.33, 3123.34, 3123.35, and 3123.36.
5101:12‑55‑10.3Issuing a Withdrawal Directive12/1/20112/1/2016
This rule describes the procedures that the CSEA is required to follow when it issues a withdrawal directive to a financial institution. The rule is being amended to update the effective date language to the referenced forms.
This rule is authorized by ORC section 3125.25 and amplifies ORC sections 3123.28, 3123.32, 3123.36, and 3123.37.
5101:12‑55‑20.1Lien Levy and Execution4/1/20062/1/2016
This rule describes the process that the CSEA shall use when it decides to execute on a lien on personal or real property of an obligor that has been asserted by the CSEA in accordance with rule 5101:12‑55‑20 of the Administrative Code. The rule is being amended to update the effective date language to the referenced form.
This rule is authorized by ORC section 3125.25 and amplifies ORC sections 3123.71, 3123.72, 3123.73, 3123.74, 3123.75, 3123.76, and 3123.78.
5101:12‑55‑25License Suspension5/1/20122/1/2016
This rule describes when a CSEA may, as an enforcement technique, submit an obligor to a licensing entity to suspend, refuse, or deny renewing a license. The rule is being amended to update the effective date language to the referenced forms.
This rule is authorized by ORC sections 3123.63 and 3125.25 and amplifies ORC sections 3123.41 to 3123.50, 3123.53 to 3123.60, 3123.62, and 3123.63.
5101:12‑55‑25.1License Reinstatement5/1/20122/1/2016
This rule describes the process and required criteria a CSEA shall use to reinstate a professional, recreational, or driver's license that has been suspended. The rule is being amended to update the effective date language to the referenced forms.
This rule is authorized by ORC sections 3123.63 and 3125.25 and amplifies ORC sections 3123.41 to 3123.50, 3123.53 to 3123.60, 3123.62, and 3123.63.
5101:12‑55‑25.2Driver's License Abstract5/1/20122/1/2016
This new rule describes the process and criterion a CSEA shall use to direct the registrar of motor vehicles to eliminate from the abstract maintained by the bureau of motor vehicles (BMV) any reference of a previous license suspension. The rule is being amended to update the effective date language to the referenced form.
This rule is authorized by ORC sections 3123.63 and 3125.25; and amplifies section 3123.63.
5101:12‑55‑26Suspension and Reinstatement of License to Practice Law5/1/20122/1/2016
This rule describes when a CSEA may, as an enforcement technique, refer an obligor who is licensed to practice law in the state of Ohio to the Ohio supreme court for suspension of a license to practice law. The rule is being amended to update the effective date language to the referenced forms.
This rule is authorized by ORC section 3125.25; and amplifies sections 3125.03 and 4705.021.
5101:12‑55‑30State Lottery Prize Award Intercept8/15/20072/1/2016
This rule describes the process used by a CSEA to issue an intercept directive to the Ohio Lottery Commission to transmit an amount from the proceeds of a specified lottery prize award to OCS, when the prize winner is an obligor who is subject to a final and enforceable determination of default. The rule is being amended to update the effective date language to the referenced forms.
This rule is authorized by ORC section and 3125.25, and amplifies ORC sections 3123.89 and 3770.071.
5101:12‑55‑40Insurance Claim Intercept8/15/20132/1/2016
This rule describes the process the CSEA will follow upon notification of an insurance claim match. The rule is being amended to update the effective date language to the referenced form.
This rule is authorized by ORC sections 3123.23 and 3125.25; and amplifies sections 3121.03, 3121.21 and 3125.25.
5101:12‑60‑50.1Administrative Termination Investigation, Findings and Recommendations, and Impounding Support8/1/20142/1/2016
This rule describes the process that the CSEA shall follow to complete an administrative termination investigation, issuing findings and recommendations as a result of that investigation, and the process for impounding support; and provides a formula for calculating the cash medical support when the CSEA terminates a child from an order and determines that there are other minor children subject to the child support order. The rule is being amended to update the effective date language to the referenced form.
This rule is authorized by ORC sections 3119.94 and 3125.25 and amplifies ORC sections 3119.89 and 3119.90.

OCS has adopted the following rule:

Adopted RuleAdopted Rule TitleEffective Date of Adopted Rule
5101:12‑55‑99Chapter 55 Forms - Enforcement of the Support Order Based on Finding of Default2/1/2016
This is a new rule that contains a compilation of forms with their effective or revised effective date, referenced within various rules contained within 5101:12 of the Administrative Code, but first cited within Chapter 5101:12-55 of the Administrative Code.
This rule is authorized by ORC section 3125.25; and amplifies ORC 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.

The rules 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

or on the ODJFS Forms Central Internet page at:

http://www.odjfs.state.oh.us/forms/inter.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. The CSEA should give particular care when reviewing the following rules as they contain new or modified requirements with which the CSEA must comply.