The Office of Child Support (OCS) has amended
the following rules. These rules have been reviewed in accordance with section 106.031
of the Revised Code, which requires the review of all state agency rules within
a five-year period.
|
Amended Rule
|
Amended Rule Title
| Prior Effective Date of Rule | Effective Date of Amendment |
|
5101:12‑45‑10
|
Calculation of the Support Obligation
|
7/1/2013
|
06/15/2018
|
This rule describes the process by which the child support
enforcement agency (CSEA) shall use the basic Ohio child support guidelines (hereafter
"guidelines") schedule as set forth in sections 3119.01 to 3119.05 of
the Revised Code when calculating or adjusting the child support and cash medical
support obligations contained within a child support order. Changes to the rule include: updated the effective date
language to the referenced forms in paragraph (G)(1), and removed of the reference
to Chapter 5115. of the Revised Code as that Chapter was repealed effective 12/31/2017. This rule is authorized by ORC section 3125.25 and amplifies
ORC sections 3119.02 and 3125.03. |
|
5101:12‑55‑99
|
Chapter 5101:12-55 Forms - Enforcement of the Support Order
Based On Finding of Default
|
2/1/2016
|
06/15/2018
|
This 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. Changes to the rule include: capitalized the title of the
form listed in paragraph (M), and removed the additional word "rev."
in paragraph (P).
This rule is authorized by ORC section 3125.25; and amplifies ORC sections 3125.03
and 3125.25. |
|
5101:12‑60‑99
|
Chapter 5101:12-60 Forms - Order Administration
|
2/1/2018
|
06/15/2018
|
This 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 5101:12-60 of the Administrative Code. Changes to this rule include: removed forms JFS 07719 and
JFS 07724, as they are first listed in rule 5101:12‑45‑99. This rule is authorized by ORC section 3125.25; and amplifies
ORC sections 3125.03 and 3125.25. |
OCS has proposed the following rules with no changes.
The effective date of the "no change" rules will
remain the same as the existing rules:
|
Rule
|
Rule Title
| Effective Date of Rule |
|
5101:12‑55‑03
|
Default
|
4/15/2008
|
|
| This rule defines terms used in chapter 5101:12-55 of the
Administrative Code to describe the default process and subsequent enforcement
techniques that are available to enforce the support order. This rule is authorized by ORC section 3125.25, and amplifies
ORC sections 3121.01 and 3123.01. |
|
5101:12‑55‑03.1
|
Identification of Default and Notice to Obligor of Default
and Potential Action
|
2/1/2016
|
|
| 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. 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. |
|
5101:12‑55‑03.2
|
Default Investigation
|
2/1/2016
|
|
| This rule describes the process of how the CSEA shall conduct
an investigation once an obligor has been identified to be in default. This rule is authorized by ORC section 3125.25, and amplifies
ORC section 3123.02. |
|
5101:12‑55‑03.3
|
Administrative Mistake of Fact Hearing Process
|
7/15/2013
|
|
| This rule describes the administrative mistake of fact hearing
process for when an obligor who has been found to be in default. This rule is authorized by ORC section 3125.25, and amplifies
ORC sections 3123.031, 3123.033, 3123.04, 3123.21 |
|
5101:12‑55‑03.4
|
Final and Enforceable Determination of Default
|
2/1/2016
|
|
| This rule describes when a final and enforceable determination
of default exists. This rule is authorized by ORC section 3125.25, and amplifies
ORC sections 3123.032, 3123.04, 3123.05, and 3123.06. |
|
5101:12‑55‑20
|
Liens Against Real and Personal Property
|
9/15/2013
|
|
| This rule describes the procedures that a child support
enforcement agency (CSEA) shall use when it decides to assert a lien on real or
personal property that is owned by an obligor who has been determined to be in
default under a support order. This rule is authorized by ORC section 3125.25, and amplifies
ORC sections 3123.66, 3123.67, 3123.70, 3123.73, 3123.74, 3123.77, 3123.78, and
3125.03. |
|
5101:12‑55‑40
|
Insurance Claim Intercept
|
2/1/2016
|
|
| This rule describes the process the CSEA will follow upon
notification of an insurance claim match. This rule is authorized by ORC sections 3123.23 and 3125.25;
and amplifies sections 3121.03, 3121.21 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.
- 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
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.