CSPMTL 141 (Income Withholding Rules- 5 Year Rule Review)
Child Support Program Manual Transmittal Letter No. 141
October 12, 2018
TO: All Child Support Program Manual Holders
FROM: Cynthia C. Dungey, Director
SUBJECT: Income Withholding Rules- 5 Year Rule Review

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.