CSPMTL 150 (Technical Correction and Ohio Child Support Guideline Rules and Forms Overlap)
Child Support Program Manual Transmittal Letter No. 150
February 12, 2019
TO: All Child Support Program Manual Holders
FROM: Kimberly Hall, Director
SUBJECT: Technical Correction and Ohio Child Support Guideline Rules and Forms Overlap

The rules have been reviewed to comply with S.B. 70 and H.B. 366 of the 132nd General Assembly.

The Office of Child Support (OCS) has rescinded the following rule:

Rescinded Rule Rescinded Rule Title Prior Effective Date of Rule Effective Date of Rescission
5101:12‑60‑05.4 Calculation and recommendation of a revised order for child and medical support 3/1/2009 02/14/2019
This rule describes the child support enforcement agency's (CSEA) responsibilities in calculating the support obligations included in a child support order and recommending an adjusted child support order. This rule has been rescinded and replaced by a new rule with the same rule number and title because more than fifty percent of this rule is being stricken and a comparable amount of new text is being added.

OCS has adopted the following rule:

Adopted Rule Adopted Rule Title Effective Date of Adopted Rule
5101:12‑60‑05.4 Calculation and recommendation of a revised order for child and medical support 02/14/2019

This rule describes the CSEA's responsibilities in calculating the support obligations included in a child support order and recommending an adjusted child support order. The rule replaces rescinded OAC rule 5101:12‑60‑05.4. Changes from the rescinded rule include:

  • replacing "party" with "parent";
  • adding language to specify the process for adjusting payment on arrears to comply with amended ORC sections 3119.60, 3119.61 and 3119.63;
  • adding to paragraph (A) reference to OAC rule 5101:12‑1‑17;
  • revising paragraph (B) amount from "fifty" to "eighty" to be in line with the minimum order amount;
  • replacing "regular" with "ordinary" mail; and
  • adding language to paragraphs (D)(1) and (D)(2) to comply with amended ORC section 3121.29.

This rule is authorized by ORC section 3125.25; and amplifies ORC sections 3119.60, 3119.61, 3119.63, and 3125.03.

OCS has amended the following rules:

Amended Rule Amended Rule Title Prior Effective Date of Rule Effective Date of Amendment
5101:12‑57‑08 Medical support mistake of fact hearing process 1/1/2015 02/14/2019

This rule describes procedures for the medical support mistake of fact hearing process that is only available to an individual whose child support order was issued or modified in accordance with section 3119.30 of the Revised Code as adopted under Amended Substitute House Bill 119 of the 127th General Assembly.

Changes to this rule include: amending the objection time frames in paragraphs (C) and (I) from seven business days to fourteen days, replacing "which" with "that,” and adding "prior to March 28, 2019" in paragraph (A).

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

5101:12‑60‑05 Administrative review and adjustment process 11/1/2015 02/14/2019

This rule describes the administrative review and adjustment process. Changes to the rule include:

  • adding language in paragraph (A) to comply with amended ORC section 3119.60 requiring a IV-D application before a CSEA can accept a request for an administrative review;
  • adding a definition for "parent";
  • clarifying when an administrative review and adjustment is warranted regarding medical support provisions;
  • adding language that the CSEA shall not conduct an administrative review and adjustment on a payment on an arrears only case;
  • revising paragraph (B)(5) definition to remove reference to the Revised Code and replacing with reference to OAC rule 5101:12‑1‑17; and
  • added references in paragraph (C) to OAC rules 5101:12‑1‑17 and 5101:12‑45‑10.

This rule is authorized by ORC section 3125.25; and amplifies ORC sections 3119.60, 3119.61, 3119.63, and 3125.03.

5101:12‑60‑05.1 Initiation of an administrative review 11/1/2015 02/14/2019

This rule describes the criteria to initiate an administrative adjustment review.

Changes to the rule include:

  • replacing “parties” with “parents” and “either” with “any”; and
  • adding "issued prior to March 28, 2019" to (E)(12).

This rule is authorized by ORC section 3125.25; and amplifies ORC sections 3119.60, 3119.61, 3119.63, and 3125.03.

5101:12‑45‑99 Chapter 5101:12-45 Forms – Support Establishment 7/1/2014 02/17/2019

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 5101:12-45 of the Administrative Code.

Changes to the rule include: adding new form JFS 00593 and adding language to specify the application of these forms based on two pieces of legislation (S.B. 70, effective 2/11/2019 and Sub. H.B. 366, effective 3/28/2019) with two different effective dates.

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

5101:12‑57‑99 Chapter 5101:12-57 Forms – Enforcement of Medical Support Provisions 01/15/2017 02/14/2019

This rule contains a compilation of forms within division 5101:12 of the Administrative Code, but first cited within Chapter 5101:12-57 of the Administrative Code.

Changes to the rule include: adding new form JFS 00592 and adding language to specify the application of these forms based on two pieces of legislation (S.B. 70, effective 2/11/2019 and Sub. H.B. 366, effective 3/28/2019) with two different effective dates.

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

5101:12‑60‑99 Chapter 5101:12-60 Forms – Order Administration 06/15/2018 02/14/2019

This rule contains a compilation of forms within division 5101:12 of the Administrative Code, but first cited within Chapter 5101:12-60 of the Administrative Code.

Changes to this rule include: adding language to specify the application of these forms based on two pieces of legislation (S.B. 70, effective 2/11/2019 and Sub. H.B. 366, effective 3/28/2019) with two different effective dates.

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

OCS has adopted the following forms:

Adopted Form Adopted Form Title Effective Date of Adopted Form
JFS 00592 Caretaker Notification of Administrative Adjustment Review 02/2019
This is a new form issued by the CSEA to the caretaker, advising the caretaker of the administrative review and adjustment hearing date.
JFS 00593 Child Support Financial Affidavit 02/2019
This is a new form and is used by a CSEA to gather information needed to calculate the amount of child support to be paid and to allocate the costs of providing for the health care needs of the children between the parents. The financial affidavit information contained in this form was part of the JFS    07606.

OCS has revised the following forms:

Revised Form Revised Form Title Prior Effective Date of Form Effective Date of Form
JFS 00593 Child Support Financial Affidavit 02/2019 03/2019

This form is used by a CSEA to gather information needed to calculate the amount of child support to be paid and to allocate the costs of providing for the health care needs of the children between the parents.

Changes to the form include: minor word changes; removing the checkboxes for "receiving or paying child support"; and amending language from "family cost" to "out of pocket cost" for the cost of health care, in accordance with H.B. 366.

JFS 01849 Request for an Administrative Review of the Child Support Order 02/2009 02/2019

This form can be completed by any party on a child support order to request an administrative review of the child support order.

Changes to the form were made to be consistent with the requirements of OAC rules 5101:12‑60‑05 to 5101:12‑60‑05.6, which include:

  • a change in the circumstances of a caretaker including income changes do not warrant a request for an administrative review;
  • adding language to require IV-D application for the CSEA to review and adjust a support order; and
  • adding "documentation required and attached"; replaced "party" with "parent"; and made changes to comply with IPP 4301 and SETS formatting requirements.
JFS 01849 Request for an Administrative Review of the Child Support Order 02/2019 03/2019

This form can be completed by any party on a child support order to request an administrative review of the child support order.

Changes to this form include: removing language on number ten "a family plan and the cost of an individual plan" and replacing with "the health insurance coverage"; and adding language "issued prior to March 28, 2019" to (E)(12).

JFS 01866 Administrative Review Pending Notice 07/2005 02/2019

This form is issued by the CSEA to the requester of the administrative review and adjustment when the recommendation to the administrative review cannot be issued as a result of the JFS 07606, "Administrative Adjustment Review Notification" being sent to the non-requesting party and returned to the CSEA as undeliverable.

Changes to this form include: adding new data elements to the form header; changes to comply with IPP 4301 requirements; and adding the "name of unlocatable party" data element.

JFS 01867 Right to Request an Administrative Review of the Support Order 7/2005 02/2019

This form is issued by a CSEA to notify an obligee that is a recipient of Ohio Works First, and who has established good cause, of their right to request an administrative review and adjustment and waive good cause for administrative review and adjustment purposes only.

Changes to this form include: adding new data elements to the form header and changes to comply with IPP 4301 requirements.

JFS 01868 Dismissal of Administrative Review Request 07/2005 02/2019

This form is issued by the CSEA to the non-requesting party, to notify of the dismissal of the request as the result of the requesting party’s failure to provide the required documents to proceed with the administrative review and adjustment.

Changes to this form include: adding new data elements to the form header; changes to comply with IPP 4301 requirements, and replacing "party" with "parent" to comply with OAC rule 5101:12‑60‑05.3.

JFS 04031 Notice Regarding Cash Medical Support Order 01/2015 02/2019

This form is used by the CSEA to notify the parties when private health insurance that is accessible and reasonable in cost becomes available to the Health Insurance Obligor. The Health Insurance Obligor shall be required to provide private health insurance coverage for the child(ren) named in the order and the cash medical support obligation for the child(ren) named in the order shall cease while private health insurance coverage is being provided. This form also includes a Request for a Medical Support Mistake of Fact Hearing.

Changes to this form include: amending the objection time from seven business days to fourteen days and adding new data elements to the form header.

JFS 04031 Notice Regarding Cash Medical Support Order 02/2019 03/2019

This form is used by the CSEA to notify the parties when private health insurance that is accessible and reasonable in cost becomes available to the Health Insurance Obligor. The Health Insurance Obligor shall be required to provide private health insurance coverage for the child(ren) named in the order and the cash medical support obligation for the child(ren) named in the order shall cease while private health insurance coverage is being provided. This form also includes a Request for a Medical Support Mistake of Fact Hearing.

The changes made to this form include revising the definition for reasonable in cost in accordance with Sub. H.B. 366.

JFS 04032 Notice to Provide Cash Medical Support 01/2015 02/2019

This form is used by the CSEA to notify the parties during any period in which private health insurance that is reasonable in cost and accessible is not being provided for the child(ren) as ordered. The Child Support Obligor is required to pay cash medical support and both parties are required to immediately report to the CSEA any available private health insurance coverage for the child(ren). This form also includes a Request for a Medical Mistake of Fact Hearing.

Changes to the form include: amending the objection time from seven business days to fourteen days and adding new data elements to the form header.

JFS 04032 Notice to Provide Cash Medical Support 02/2019 03/2019

This form is used by the CSEA to notify the parties during any period in which private health insurance that is reasonable in cost and accessible is not being provided for the child(ren) as ordered. The Child Support Obligor is required to pay cash medical support and both parties are required to immediately report to the CSEA any available private health insurance coverage for the child(ren). This form also includes a Request for a Medical Mistake of Fact Hearing.

The changes made to this form include revising the definition for reasonable in cost in accordance with Sub. H.B. 366.

JFS 04033 Notice to Provide Private Health Insurance 01/2015 02/2019

This form is used by the CSEA to notify the parties when private health insurance that is accessible and reasonable in cost becomes available to one of the parties, that party shall be deemed the Health Insurance Obligor and be required to provide private health insurance coverage for the child(ren) named above and the cash medical support obligation for the child(ren) named above shall cease while private health insurance coverage is being provided as ordered. This form also includes a Request for a Medical Mistake of Fact Hearing.

Changes to the form include: amending the objection time from seven business days to fourteen days and adding new data elements to the form header.

JFS 04033 Notice to Provide Private Health Insurance 02/2019 03/2019

This form is used by the CSEA to notify the parties when private health insurance that is accessible and reasonable in cost becomes available to one of the parties, that party shall be deemed the Health Insurance Obligor and be required to provide private health insurance coverage for the child(ren) named above and the cash medical support obligation for the child(ren) named above shall cease while private health insurance coverage is being provided as ordered. This form also includes a Request for a Medical Mistake of Fact Hearing.

The changes made to this form include revising the definition for reasonable in cost in accordance with Sub. H.B. 366.

JFS 04036 Notice of Medical Support Enforcement Activity 01/2015 02/2019

This notice is used by the CSEA to inform the party that since they were determined by a court or CSEA to be the Health Insurance Obligor a National Medical Support Notice was sent to their employer to enroll the child(ren) listed on the order in any available health insurance plan and to withhold premiums for health insurance coverage in accordance with section 3119.33 of the Revised Code. Attached is also a Request for an Administrative Mistake of Fact Hearing.

Changes to the form include: amending the objection time from seven business days to fourteen days and adding new data elements to the form header.

JFS 04037 Medical Support Enforcement Administrative Mistake of Fact Hearing Decision 01/2015 02/2019

This form is used by the CSEA to inform the party of the decision made during the Medical Support Enforcement mistake of fact hearing.

Changes to the form include: amending the objection time from seven business days to fourteen days; adding "MI" to the obligor mailing field; and adding new data elements to the form header.

JFS 07053 Notice of Medical Support Mistake of Fact Hearing 01/2015 02/2019

This form is used by the CSEA to inform the parties that the CSEA received a request for a medical support mistake of fact hearing and the date of the hearing.

This form has been amended to add new data elements to the form header.

JFS 07053 Notice of Medical Support Mistake of Fact Hearing 02/2019 03/2019

This form is used by a CSEA to inform clients that the CSEA received a request for a Medical Support Mistake of Fact Hearing and to provide the date of the hearing.

The change made to this form include revising the definition for reasonable in cost in accordance with H.B. 366.

JFS 07058 Medical Support Mistake of Fact Hearing Determination 01/2015 02/2019

This form is used by the CSEA to inform the party of the decision made during the Medical Support mistake of fact hearing.

Changes to the form include: amending the objection time from seven business days to fourteen days and adding new data elements to the form header.

JFS 07521 Results of Support Order Termination Investigation 06/2014 02/2019

This form is issued to the parties in response to a request to terminate the support order administratively, and the CSEA does not terminate the order based on its findings and informs the parties to file an action with court if the parties wishes to pursue the matter.

This form is being changed to add new data elements to the form header.

JFS 07522 Findings and Recommendations to Terminate the Administrative Child Support Order 06/2014 02/2019

This form is used by the CSEA to inform the parties that an investigation has been conducted to determine whether an administrative termination reason exists to terminate a child support order or continue support.

Changes to the form include: adding new data elements to the form header and amending the objection time frame from thirty days to fourteen days.

JFS 07522 Findings and Recommendations to Terminate the Administrative Child Support Order 02/2019 03/2019

This form is used by a CSEA to notify the clients that the CSEA has conducted an investigation to determine whether one of the administrative termination reasons exist to terminate support.

The changes made to this form include: revising language describing the order consistent with the changes made to the JFS 07719 and JFS    07724, and amending the checkbox to describe ongoing support orders for remaining minor children for orders that include always-on cash medical.

JFS 07523 Administrative Order to Impound Support 11/2008 02/2019

This form is used by the CSEA to inform the parties that an investigation has been conducted to determine whether an administrative termination reason exists to terminate a child support order or continue support.

Changes to the form include: adding new data elements to the form header and amending the objection time frame from thirty days to fourteen days.

JFS 07524 Denial of Administrative Termination Hearing Request 11/2008 02/2019

This form is used by the CSEA to inform the parties that their request for an administrative hearing has been denied.

Changes to the form include: adding new data elements to the form header; made changes to comply with IPP 4301; amending the objection time frame from thirty days to fourteen days; and removing language "parties to the order received the" and adding "was issued."

JFS 07525 Notice of Administrative Termination Hearing 02/2009 02/2019

This notice is by the CSEA to inform the parties that an administrative termination hearing has been scheduled based on a request from either party.

Changes to the form include: adding new data elements to the form header and made changes to comply with IPP 4301.

JFS 07526 Administrative Termination Hearing Decision 11/2008 02/2019

This form is sent from the CSEA, issuing the results of the administrative termination hearing.

Changes to the form include: adding new data elements to the form header; made changes to comply with IPP 4301; and amending the objection time frame from thirty days to fourteen days.

JFS 07527 Administrative Order to Terminate the Administrative Child Support Order 11/2008 02/2019

This form is issued to terminate the administrative child support order when neither party has objected to the JFS 07522 or, if one of them objected to the JFS 07522, then when neither party objected to the JFS 07526.

Changes to the form include: adding new data elements to the form header and made changes to comply with IPP 4301.

JFS 07606 Administrative Adjustment Review Notification 08/2008 02/2019

This form is issued by the CSEA to the obligor and obligee when the CSEA has scheduled the administrative review.

This form has been revised to remove the financial affidavit part and placed in a new form JFS 00593, "Child Support Financial Affidavit"; added new data elements to the form header and made changes to comply with IPP 4301 requirements.

JFS 07719 Administrative Order for Child Support and Medical Support 08/2008 02/2019

This form is used by a CSEA to order the amount of support to be paid and the provisions for medical support.

The changes made to this form include:

  • Amending the header;
  • Making updates to comply with IPP 4301;
  • Changing the objection period of the administrative order from 30 to 14 days;
  • Adding reasons for when the CSEA shall be notified by the obligee that support should be terminated;
  • Various language changes to comply with S.B. 70.
JFS 07719 Administrative Order for Child Support and Medical Support 02/2019 03/2019

This form is used by a CSEA to order the amount of support to be paid and the provisions for medical support.

The changes made to this form include:

  • Amending the title to some section headings;
  • Adding paragraph (B)(2) to clarify a health insurance obligor;
  • Amending language to paragraph (C)(1) to clarify the monthly obligation for the child support obligor;
  • Adding language to paragraph (C)(2) for eighty dollar minimum order and for an order less than eighty dollars pursuant to ORC 3119.06;
  • Adding language for reasons to determine a health insurance obligor pursuant to ORC section 3119.30;
  • Adding language to paragraph (C)(2) for eighty dollar minimum order and for an order less than eighty dollars pursuant to ORC section 3119.06;
  • Adding language for reasons to determine a health insurance obligor pursuant to ORC section 3119.30;
  • Adding language that the obligee should obtain health insurance no later than 30 days after it becomes available for a reasonable cost to be consistent with HB 366; and
  • Removing the obligor and obligee phone number from the "notice to health insurance obligor" pursuant to ORC section 3119.32(B).
JFS 07724 Administrative Adjustment Recommendation 08/2008 02/2019

This form is used by a CSEA to provide the results of the administrative adjustment review.

The changes made to this form include:

  • Amending the form header;
  • Making updates to comply with IPP 4301;
  • Changing the objection period of the administrative order from 30 to 14 days;
  • Adding reasons for when the CSEA shall be notified by the obligee that support should be terminated;
  • Various language changes to comply with S.B. 70.
JFS 07724 Administrative Adjustment Recommendation 02/2019 03/2019

This form is used by a CSEA to provide the results of the administrative adjustment review.

The changes made to this form include:

  • Amending title to some section headings and making them bold;
  • Moving the recommendations section to the front of the form;
  • Adding language if recommending an eighty dollar minimum order and an order less than eighty dollars pursuant to ORC section 3119.06;
  • Adding language for reasons to determine a health insurance obligor pursuant to ORC section 3119.30;
  • Adding language that the obligee should obtain health insurance no later than 30 days after it becomes available at a reasonable cost to be consistent with HB 366;
  • Revising the language regarding the CSEA applying a court deviation to make it clear that the CSEA is not deviating, but rather is applying a court's deviation;
  • Adding an "attachments" section; and
  • Adding header fields to hearing request page.
JFS 07728 Denial of Request for an Administrative Adjustment Hearing 11/2001 02/2019

This form is issued by the CSEA to either party when the hearing request has been denied. The form advises the parties of the denial reason(s) and of their rights to request a court hearing.

This form is being revised by adding new data elements to the form header and made changes to comply with IPP 4301 requirements; revised title; added an additional reason for a denial, and updated objection period to 14 days to be consistent with OAC rule 5101:12‑60‑05.6.

JFS 07770 Administrative Adjustment Hearing Decision 11/2001 02/2019

This form is issued by the CSEA to the parties of the case of the decision to an administrative review and adjustment hearing. The form also advises the parties of their rights.

This form is being revised by adding new data elements to the form header and made changes to comply with IPP 4301 requirements; updating objection period to 14 days to be consistent with OAC rule 5101:12‑60‑05.6; and simplified "Right to a Hearing" section because court and administrative orders have the same objection period.

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 amended rule will be inserted and the previous version will be moved to the OAC Archive section of the eManuals.
  • An adopted rule will be inserted in the CSPM.
  • An obsoleted form will be removed.
  • A newly created form will be added.
  • 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.