CSPMTL 146 (Order Termination)
Child Support Program Manual Transmittal Letter No. 146
February 1, 2019
TO: All Child Support Program Manual Holders
FROM: Michael J. McCreight, Interim Director
SUBJECT: Order Termination

The Office of Child Support (OCS) has amended the following rules. These rules have been reviewed in accordance with section 106.03 of the Revised Code, which requires the review of all state agency rules within a five-year period and to comply with S.B. 70 of the 132nd General Assembly:

Amended Rule Amended Rule Title Prior Effective Date of Rule Effective Date of Amendment
5101:12‑60‑50 Termination of Support 09/01/2016 02/11/2019

This rule describes how the Child Support Enforcement Agency (CSEA) with administrative responsibility for a child support order administratively terminates the current child support obligation and the medical support provisions when a required or optional administrative termination reason exists.

Changes to the rule include: moved the language contained in  the hanging paragraph under paragraph (A) into paragraph (A); added to paragraph (A) the requirement of a IV-D application must be on file for a termination of support; removed "supplementary" and replaced with "supplemental" in paragraph (A); added language to paragraph (C) to be consistent with new ORC language in 3119.87; amended paragraphs (D)(1), (D)(2), and (D)(3) to match the language in ORC 3119.88; moved language in paragraph (F)(2) to (D)(13); added new paragraph (E) to be consistent with new ORC language in 3119.88(B); and updated the reference in paragraph (G).

This rule is authorized by ORC sections 3119.94 and 3125.25, and amplifies ORC sections 3119.87 and 3119.88.

5101:12‑60‑50.1 Administrative Termination Investigation, Findings and Recommendations, and Impounding Support 09/01/2016 02/11/2019

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 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.

Changes to the rule include: amended paragraph (A)(1)(b) to reflect the changes made in rule 5101:12‑60‑50; corrected a spelling mistake in paragraph (A)(2)(b)(ii)(b); amended paragraphs (A)(3) and (B)(1) to change the objection time frame from thirty days to fourteen days; and removed word "receipt" and replaced with "the issuance" in paragraph (A)(3).

This rule is authorized by ORC sections 3119.94 and 3125.25, and amplifies ORC sections 3119.89 and 3119.90.

5101:12‑60‑50.2 Administrative Termination Hearing, Court Hearing, Administrative Termination Order, and Disbursement of Impounded Funds 08/01/2014 02/11/2019

This rule describes the process for the CSEA to conduct an administrative termination hearing, to issue an administrative termination order, and the process of disbursing impounded funds once an order has been terminated. This rule also describes the ability for the parties of the order to request a court hearing when an administrative termination request is either denied or the parties object to the outcome.

Changes to the rule include: amended paragraphs (A)(1), (A)(3) and (B)(1) to change the objection time frame from thirty days to fourteen days; removed word "receipt" and replaced with "the issuance" in paragraph (A)(1); and removed "obligor and oblige received" and replaced with "is issued" in paragraph (A)(3).

This rule is authorized by ORC sections 3119.94 and 3125.25, and amplifies ORC sections 3125.12, 3125.13, 3125.14, and 3125.17.

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.

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.