The Office of Child Support (OCS) has rescinded,
adopted, and amended the following rules. The 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, and to comply with SB 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OCS has rescinded the following rule:
Rescinded Rule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Rescinded Rule Title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
|
5101:12‑50‑20.2
|
Overdue Child Support
|
7/15/2008
|
2/11/2019
|
This
rule describes the criteria for submitting overdue child support to the Ohio Department
of Taxation (ODT) for a state income tax refund offset. This rule has been
rescinded and replaced with a new rule with the same number but different
title; the rule has been rescinded because the title has been changed. This
rule is authorized under ORC sections 3123.823 and 3125.25; and amplifies ORC
sections 3123.82, 3123.821, 3123.822, and 3123.823. |
OCS has adopted the following rule:
Adopted Rule
|
Adopted Rule Title
|
Effective Date of Adopted Rule
|
5101:12‑50‑20.2
|
Overdue
Support
|
2/11/2019
|
This is a new rule that describes
the criteria for submitting overdue support to ODT for a state income tax refund
offset. The rule is replacing rescinded rule 5101:12‑50‑20.2 of the
Administrative Code (OAC). Changes from the rescinded rule include: changed
the title, and clarified the submission criteria to comply with amended
sections 3123.821 and 3123.822 of the Revised Code. This
rule is authorized under ORC sections 3123.823 and 3125.25; and amplifies ORC
sections 3123.82, 3123.821, 3123.822, and 3123.823. |
OCS has amended the following rules:
Amended Rule
|
Amended Rule Title
|
Prior Effective Date of Rule
|
Effective Date of Amendment
|
5101:12‑50‑12
|
Lump Sum Payments
|
4/1/2018
|
2/11/2019
|
This rule describes the responsibilities
of a payor and a child support enforcement agency (CSEA) regarding lump sum payments
to be made to an obligor by a payor when the obligor is subject to income withholding
pursuant to section 3121.03 of the Revised Code. Changes from the existing rule
include: revised paragraph (D) to comply with amended section 3121.12 of the Revised
Code, the statute now gives the CSEA the authority to issue an administrative
order to the employer to withhold the lump sum payment whether the support order
is an administrative or a court order. This rule is authorized by ORC
section 3125.25 and amplifies ORC sections 3121.03, 3121.037, 3121.0311, 3121.12,
and 3125.03. |
5101:12‑50‑20
|
State Income Tax Refund Offset
Program
|
7/15/2008
|
2/11/2019
|
This rule describes the state
income tax refund offset program to collect overdue or overpaid child support
and provides definitions of certain terms used in this rule and its supplemental
rules. Changes from the existing rule include: deleted the term "child"
and clarified that spousal support can be submitted to ODT to collect overdue
support to comply with amended sections 3123.821 and 3123.822 of the Revised Code. This rule is authorized under
ORC sections 3123.823 and 3125.25; and amplifies ORC sections 3123.82, 3123.821,
3123.822, and 3123.823. |
5101:12‑50‑20.1
|
Pre-Offset Notice and Income
Tax Refund Offset Review
|
7/15/2008
|
2/11/2019
|
This rule describes the state
income tax refund offset administrative review process and the debtor's rights
to an income tax refund offset review to contest the submittal of a child support
debt for offset. The rule has been amended to update the effective date language
to the referenced forms, and deleted the term "child" in paragraph (A)(2)
to comply with amended sections 3123.821 and 3123.822 of the Revised Code. This rule is authorized under
ORC sections 3123.823 and 3125.25, and amplifies ORC sections 3123.82, 3123.821,
3123.822, and 3123.823. |
5101:12‑50‑20.3
|
Overpaid Child Support
|
7/15/2008
|
2/11/2019
|
This rule describes the criteria
for submitting overpaid child support to ODT for a state income tax refund offset.
The rule has been amended to update the effective date language to the referenced
forms. This rule is authorized under
ORC sections 3123.823 and 3125.25, and amplifies ORC sections 3123.82, 3123.821,
3123.822, and 3123.823. |
5101:12‑50‑99
|
Chapter 5101:12-50 Forms-Enforcement
of the Support Order
|
4/01/2018
|
2/11/2019
|
This rule identifies the forms
referenced in various rules contained within division 5101:12 of the Administrative
Code. The changes include updating the effective dates of the JFS 01851, JFS 01853,
JFS 04017, and JFS 07726; and added a new form JFS 07727. This rule is authorized by ORC
section 3125.25; and amplifies ORC sections 3125.03 and 3125.25. |
The following rule has been amended to comply
with SB 70 of the 132nd General Assembly, section 3123.14 of the Revised Code:
Amended Rule
|
Amended Rule Title
|
Prior Effective Date of Rule
|
Effective Date of Amendment
|
5101:12‑50‑50
|
Judicial Enforcement
Actions
|
3/01/2017
|
2/11/2019
|
This
rule describes judicial enforcement actions that a child support enforcement agency
(CSEA) with administrative responsibility is required to or may take in addition
to other enforcement actions. The rule has been revised to clarify the language
in paragraph (B) to comply with section 3123.14 of the Revised Code; the
provision in paragraph (B)(2) has been moved to paragraph (C) of this rule. This
rule is authorized by ORC section 3125.25; and amplifies ORC sections 1336.01
to 1336.11, 2117.06, 2705.031, 2919.21, 3123.14, 3123.15, 3123.182 and 3123.19. |
OCS has revised the following forms:
Form
|
Form Title
|
Prior Effective Date of Form
|
Revision Date
|
JFS 01851
|
Notice of Denial of Request
for Income Tax Refund Offset Review
|
7/2008
|
2/2019
|
This form has been revised
by adding “Ohio Department of Job and Family
Services” above the title to meet IPP 4301 requirements.
|
JFS 01853
|
Notice Regarding Request to
Reschedule Income Tax Refund Offset Review
|
7/2008
|
2/2019
|
This form has been revised by
adding “Ohio Department of Job and Family Services” above the title to meet IPP
4301 requirements.
|
JFS 04017
|
Notice to Deduct Funds for Child
and Spousal Support
|
5/2012
|
2/2019
|
This form has been revised by
adding language from the JFS 04018 to the front page of this form, revised
the title to match the title in rule 5101:12‑50‑99 of OAC, and made other
formatting changes to meet SETS formatting standards.
|
JFS 07726
|
Administrative Order For Release
Or Transmittal Of Lump Sum Payment
|
4/2018
|
2/2019
|
This form has been revised
to change the title, added language to give the CSEA the option to use the
form for either to release a lump sum payment or to intercept the lump sum
payment of the obligor, and added language directing the employer/payor to
OCS website to obtain additional information, if desired about the “Consumer
Protection Act” limits to lump sum payments.
|
OCS has created the following form:
New Form
|
New Form Title
|
Effective Date of New Form
|
JFS 07727
|
Administrative
Order For Release Of Lump Sum Payment
|
2/2019
|
This is a new form that was
created for the convenience of the CSEAs. This form can be used by the CSEA
when sending many obligors' names to a single employer to release a lump sum
payment to the obligor(s).
|
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
- 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
- A new form will added
The rules and forms in the CSPM can be accessed at:
http://emanuals.jfs.ohio.gov/
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.