The Office of Child Support (OCS) has reviewed the following rules
in accordance with section 106.03 of the Revised Code, which requires the review
of all state agency rules within a five-year period.
OCS has amended the following rules:
Amended Rule
|
Amended Rule Title
| Prior Effective Date of Rule | Effective Date of Amendment |
5101:12‑50‑10
|
Income Withholding or Income Deduction
|
2/1/2016
|
10/15/2018
|
This rule describes the requirements for a child support
enforcement agency (CSEA) to implement income withholding or income deduction. Changes to the rule include adding the definition of “protected
benefit.” This change caused paragraph (B)(5) to change to (B)(6). This rule is authorized by ORC section 3125.25 and amplifies
ORC sections 3121.01 and 3121.0310. |
5101:12‑50‑10.1
|
Income That May Be Withheld or Deducted
|
1/1/2008
|
10/15/2018
|
This rule lists the sources of income that are or are not
subject to withholding or deduction. Changes to the rule include adding an additional source
of income that is not subject to withholding or deduction. This rule is authorized by ORC section 3125.25; and amplifies
ORC section 3121.03. |
5101:12‑50‑10.2
|
CSEA’s Responsibility for Income Withholding and Income
Deduction
|
2/1/2016
|
10/15/2018
|
This rule describes the CSEA’s responsibility when the CSEA
determines that the obligor is receiving income from a payor. Changes to the rule include describing the process when
a CSEA determines the obligor has funds on deposit in a financial institution,
the CSEA shall conduct an investigation to determine if the obligor receives income
from a protected benefit source. Paragraph order has also changed. This rule is authorized by ORC section 3125.25; and amplifies
ORC sections 3121.03, 3121.032, 3121.033, 3121.035 and 3121.036. |
5101:12‑50‑10.8
|
Withholding from Unemployment Compensation Benefits Initiated
by a Child Support Enforcement Agency
|
2/1/2016
|
10/15/2018
|
This rule describes the requirements for withholding from
unemployment compensation benefits received by an obligor. Changes to the rule include updating the title and abbreviation
for the office of unemployment insurance operations, correcting the abbreviation
for the department of job and family services, and correcting the JFS 04043 form
title. This rule is authorized by ORC section 3125.25; and amplifies
ORC sections 3121.07 and 4141.284. |
5101:12‑10‑99
|
Chapter 5101:12-10 Forms – Child Support Program Administration
|
9/1/2016
|
10/15/2018
|
This rule 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 5101:12-10
of the Administrative Code. Changes to the rule include revising the JFS 04047 effective
date. This rule is authorized by ORC section 3125.25; and amplifies
ORC sections 3125.03 and 3125.25. |
OCS has filed the following rules with no changes:
Rule
|
Rule Title
| Effective Date of Rule |
5101:12‑50‑19
|
Investigation of Obligor’s Source of Income or Status of
Account
|
2/1/2016
|
This rule describes the process a CSEA shall follow to investigate
an obligor’s employment and resources when the CSEA is notified or becomes aware
of a change in the obligor’s source of income or status of accounts in a financial
institution. This rule is authorized by ORC section 3125.25, and amplifies
ORC sections 3121.03 and 3121.14. |
5101:12‑50‑90
|
Additional Authority to Collect Arrearages
|
2/1/2016
|
This rule describes the enforcement actions the CSEA may
take to collect arrears that accrued under the support order. 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. |
OCS has revised the following form:
Form
|
Amended Form Title
| Effective Date of Existing Form | Effective Date of Amendment |
JFS 04047
|
Income Withholding for Support
|
7/2015
|
9/2018
|
Changes to the form include making revisions to comply with
the federal office of child support enforcement income withholding requirements.
It is used by a CSEA to implement income withholding to collect current support
and arrears from a payor.
|
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.
- A revised form will be replaced with the amended
form.
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.