CSPMTL 149 (FIDM and Mistake of Fact Hearing & Forms)
Child Support Program Manual Transmittal Letter No. 149
February 1, 2019
TO: All Child Support Program Manual Holders
FROM: Michael J. McCreight, Interim Director
SUBJECT: FIDM and Mistake of fact Hearing & Forms

The Office of Child Support (OCS) has rescinded, adopted, and amended the following rules. The rules have been reviewed 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OCS has rescinded the following rule:

Rescinded Rule Rescinded Rule Title Prior Effective Date of Rule Effective Date of Rescission
5101:12‑55‑10 Financial Institution Data Match Program 02/01/2016 2/11/2019
This rule describes the financial institution data match (FIDM) program, including FIDM definitions, account information access agreements, financial institution rights and responsibilities, and the FIDM procedures that the CSEA is required to follow. The rule is being rescinded and replaced with the same rule number and title because more than fifty percent of this rule is being stricken. The provisions from paragraph (C) have been moved to amended rule 5101:12‑55‑10.1 of the Administrative Code (OAC); and the provisions from paragraph (D) have been moved to amended OAC rule 5101:12‑55‑10.3.

OCS has adopted the following rule:

Adopted Rule Adopted Rule Title Effective Date of Adopted Rule
5101:12‑55‑10 Financial Institution Data Match Program 2/11/2019

This rule lists the terms and definitions that apply to this rule and its supplemental rules. Changes from the rescinded rule include: moved the provisions from paragraph (C) to amended OAC rule 5101:12‑55‑10.1; and moved the provisions from paragraph (D) to amended OAC rule 5101:12‑55‑10.3. There are no other changes to this rule.

This rule is authorized by ORC section 3125.25, and amplifies ORC sections 3121.01, 3121.74, 3123.24, and 3123.25.

OCS has amended the following rules:

Amended Rule Amended Rule Title Prior Effective Date of Rule Effective Date of Amendment
5101:12‑55‑03.3 Administrative Mistake Of Fact Hearing Process 02/01/2016 2/11/2019

This rule describes the administrative mistake of fact hearing process when an obligor who has been found to be in default. The rule has been amended to update the time frame in paragraph (A) from 7 business days to 14 days to comply with amended section 3123.031 of the Revised Code.

This rule is authorized by ORC section 3125.25, and amplifies ORC sections 3123.031, 3123.033, 3123.04, and 3123.21.

5101:12‑55‑03.4 Final And Enforceable Determination Of Default 02/01/2016 2/11/2019

This rule describes when a final and enforceable determination of default exists. The rule has been amended to update the time frame in paragraph (A) from 7 business days to 14 days to comply with amended sections 3123.031, 3123.04, and 3123.05 of the ORC.

This rule is authorized by ORC section 3125.25, and amplifies ORC sections 3123.032, 3123.04, 3123.05, and 3123.06

5101:12‑55‑10.1 Investigation Of An Account, Imposing An Access Restriction, And Releasing An Access Restriction 02/01/2016 2/11/2019

This rule describes the procedures that the CSEA is required to follow when it investigates an account, imposes an access restriction, or releases an access restriction. Changes from the existing rule include:

  • clarified the language in paragraph (A) to comply with amended section 3123.25 of the ORC;
  • moved the provisions from paragraph (C) of existing OAC rule 5101:12‑55‑10 to paragraph (A) of this rule;
  • added language requiring the CSEA to document the findings of the investigation;
  • added language requiring the CSEA to issue the JFS 04018 as an attachment to the JFS 04050 and JFS 04055 to comply with the federal “Dear Colleague Letter” 13-06; and
  • replaced the term “SSI benefits” with “protected benefits.”

This rule is authorized by ORC section 3125.25, and amplifies ORC sections 3123.25, 3123.26, and 3123.27

5101:12‑55‑10.2 Administrative And Court Hearings For Ownership Interest In An Account 02/01/2016 2/11/2019

This rule describes the administrative hearing procedures that the CSEA is required to follow as well as the court process when the joint account owner requests an administrative or court hearing. The rule has been amended to update the time frame from 10 days to 14 days to comply with amended sections 3123.30, 3123.31, 3123.34, and 3123.35 of the Revised Code.

This rule is authorized by ORC section 3125.25 and amplifies ORC sections 3123.29, 3123.30, 3123.31, 3123.32, 3123.33, 3123.34, 3123.35, and 3123.36.

5101:12‑55‑10.3 Issuing A Withdrawal Directive 02/01/2016 2/11/2019

This rule describes the procedures that the CSEA is required to follow when it issues a withdrawal directive to a financial institution. Changes from the existing rule include: added language requiring the CSEA to issue the JFS 04018 as an attachment to the JFS 04055 to comply with the federal “Dear Colleague Letter” 13-06; and moved the provisions from paragraph (C) of existing OAC rule 5101:12‑55‑10 to paragraph (C) of this rule.

This rule is authorized by ORC section 3125.25 and amplifies ORC sections 3123.28, 3123.32, 3123.36, and 3123.37.

5101:12‑55‑20.1 Lien Levy and Execution 02/01/2016 2/11/2019

This rule describes the process that the CSEA shall use when it decides to execute on a lien on personal or real property of an obligor that has been asserted by the CSEA in accordance with rule 5101:12‑55‑20 of the Administrative Code. The rule has been amended to remove the language in paragraph E(3)(c) and (d) as the amended section 3123.72 of ORC has removed these provisions.

This rule is authorized by ORC section 3125.25 and amplifies ORC sections 3123.71, 3123.72, 3123.73, 3123.74, 3123.75, 3123.76, and 3123.78.

5101:12‑55‑99 Chapter 55 Forms – Enforcement of the Support Order Based on Finding of Default 6/15/2018 2/11/2019

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 5101:12-55 of the Administrative Code. The rule is being revised to update the effective date of the JFS 04049, JFS 04052, JFS 04054, JFS 07083.

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

OCS has revised the following forms:

Form Form Title Prior Effective Date of Form Revision Date
JFS 04049 Notice To Obligor Of Default And Potential Action 8/2010 2/2019
This form has been revised to comply with SB 70; revised the time frame from 7 business days to 14 days to comply with amended sections 3123.031and 3123.04 of the Revised Code (ORC); made formatting changes to comply with IPP 4301 and SETs formatting requirements; made some language changes for clarity, including adding language concerning the gaming winnings such as lottery and casino, and insurance awards/claims.
JFS 04052 Notice To Person, Other Than Child Support Obligor, Having Ownership Interest In An Account 9/2006 2/2019
This form has been revised to comply with SB 70; revised the time frame from 10 days to 14 days to comply with amended sections 3123.30 and 3123.31 of the ORC; made formatting changes to comply with IPP 4301 and SETs formatting requirements.
JFS 04054 Notice Of Determination On Amount Of Ownership 9/2006 2/2019
This form has been revised to comply with SB 70; revised the time frame from 10 days to 14 days to comply with amended sections 3123.34 and 3123.35 of the ORC; made formatting changes to comply with IPP 4301 and SETs formatting requirements.
JFS 07083 Notice To Obligor Regarding Default And 20% Payment On Arrears 12/2002 2/2019
This form has been revised to comply with SB 70; revised the time frame from 7 days to 14 days to comply with amended sections 3123.031, 3123.04 and 3123.05 of the ORC; made formatting changes to comply with IPP 4301 and SETs formatting requirements.

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

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.