CSPMTL 144 (Support Establishment)
Child Support Program Manual Transmittal Letter No. 144
February 1, 2019
TO: All Child Support Program Manual Holders
FROM: Michael J. McCreight, Interim Director
SUBJECT: Support Establishment

The Office of Child Support (OCS) has reviewed the rules to comply with Senate Bill 70 of the 132nd General Assembly.

OCS has rescinded the following rule:

Rescinded Rule Rescinded Rule Title Prior Effective Date of Rule Effective Date of Rescission
5101:12‑45‑05.1 Scheduling the Administrative Support Hearing 7/1/2014 2/11/2019

This rule describes the process when scheduling an administrative support hearing.

This rule is authorized by ORC section 3125.25; and amplifies ORC sections 3111.80 and 3125.03.

OCS has adopted the following rule:

Adopted Rule Adopted Rule Title Effective Date of Adopted Rule
5101:12‑45‑05.1 Scheduling the Administrative Support Hearing 2/11/2019

This rule describes the process when scheduling an administrative support hearing.

Changes from the rescinded rule include: in paragraph (A) adding to send the JFS 00593 along with the JFS 07782 to the parents, sending the JFS 07782 to the caretaker, if one exists, and adding a date to a reference in paragraph (A).  Adding paragraph (B) to describe what the CSEA may do when either parent fails to provide the requested information.  Changing paragraph (B) to paragraph (C), restructuring the paragraph, and adding language regarding when to schedule an administrative support hearing.  Changing paragraph (C) to paragraph (D), restructuring the paragraph, adding the option for a CSEA to use the JFS    01715 or a form created by the CSEA for a waiver of service, correcting a rule reference, and other minor changes.

This rule is authorized by ORC section 3125.25; and amplifies ORC sections 3111.80 and 3125.03.

OCS has amended the following rules:

Amended Rule Amended Rule Title Prior Effective Date of Rule Effective Date of Amendment
5101:12‑45‑05 Support Order Establishment 7/1/2014 2/11/2019

This rule describes the process for requesting and establishing a support order.

Changes to the rule include: adding language in paragraph (C) to require a IV-D application or referral to be completed, adding paragraph (E)(1)(d), removing paragraphs (E)(2) and (E)(3), and other minor language changes.

This rule is authorized by ORC section 3125.25 and amplifies ORC sections 3103.03, 3103.031, 3111.03, 3111.13, 3111.24, 3111.25, 3111.29, 3111.49, 3111.78, 3111.821, 3111.95, 3119.61, 3125.03 and 3125.36.

5101:12‑45‑05.3 Administrative Support Order 7/1/2014 2/11/2019

This rule provides information about an administrative support order.

Changes to the rule include: adding paragraph (C) which describes when the administrative support order shall take effect and when the order is final and enforceable. 

Changing paragraph (C) to paragraph (D), updating the objection period to the administrative support order from 30 to 14 days, adding language that the administrative support order shall remain in effect during the pendency of the objection unless a party requests and is granted a stay by the court, changing who may object to the administrative support order to include any party in paragraph (D), and other minor language changes.

This rule is authorized by ORC section 3125.25; and amplifies ORC sections 2151.231, 3111.81, 3111.83, 3111.831, 3111.832, 3111.84, 3119.86, 3121.24, 3121.27, 3121.28, 3121.29, 3121.30, 3125.03.

INSTRUCTIONS:

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

  • A rescinded rule will be moved from the CSPM to the OAC Archive section of the eManuals.
  • An adopted rule will be inserted in the CSPM.
  • An amended rule will be inserted and the previous version will be moved to the OAC Archive section of the eManuals.
  • 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 amended rules contained in this CSPMTL to determine whether they require the CSEA to update its internal procedural handbook.