Rescinded Rule

Prior Effective Date of Rule

Effective Date of Rescission

Effective Date of Adopted Rule

This rule describes the basic child support schedule and worksheets that are required to be used by all courts and CSEAs when calculating child support and cash medical support obligations.

This rule is authorized under ORC section 3125.25, and amplifies ORC sections 3119.021, 3119.022, 3119.04, 3119.05, 3119.051, 3119.06, 3119.29, and 3119.30.

This rule describes an action or proceeding in which a CSEA issues or modifies a child support order.

Changes from the rescinded rule 5101:12‑47‑01.1 include:

• In paragraph (A), moved the first sentence of paragraph (B) to the end of paragraph (A);
• In paragraph (A) removed the language "an order in accordance with paragraph (B) of this rule" and replaced with "medical support provisions in accordance with this rule";
• In paragraph (B) revised language to be specific to the obligee being the appropriate parent ordered to provide private health insurance;
• In paragraph (B)(1) revised the language to be specific to the obligor being the appropriate parent ordered to provide private health insurance and the rebuttable presumptions in accordance with H.B. 366;
• In paragraph (B)(2) added new language to be consistent with H.B. 366;
• In paragraph (C) added new language to allow both parents to be ordered to be the health insurance obligor;
• In paragraph (D) added new language to be consistent with H.B. 366;
• In paragraph (E) added new language to be consistent with H.B. 366;
• In paragraph (G) revised language that when an order is issued or modified the cash medical is in accordance with OAC rules 5101:12‑1‑17 and 5101:12‑45‑10;
• In paragraph (H) moved the language from paragraph (F) of this rule and revised language consistent with H.B. 366; and
• In paragraph (I) added language that if a determination is made in accordance with paragraph (H) of this rule, the CSEA shall include this determination in the child support order.

This rule is authorized under ORC section 3119.51; and amplifies ORC section(s) 3119.30, 3119.31, 3119.32.

This rule describes the procedures for conducting an administrative child support hearing.

Changes to the rule include: corrected a spelling error in paragraph (A)(1)(b); updated paragraph (E) to reference the new rule (5101:12‑1‑17); removed the hanging language in paragraph (E) to rule 5101:12‑45‑10(H); and in paragraph (F)(2) added form name as it is the first time mentioned in the rule.

This rule is authorized under ORC section 3125.25, and amplifies ORC sections 3111.03, 3111.82, 3111.821, 3111.95, 3125.03.

This rule describes the procedures for a CSEA to use when calculating or adjusting the child support and cash medical support obligations contained within a child support order.

Changes to the rule include:

• In paragraph (A) revised reference to the Ohio child support guidelines to refer to OAC rule 5101:12‑1‑17 and this rule;
• In paragraph (B) moved the second sentence into (B)(1); added paragraph (B)(2) in accordance with H.B. 366; and added (B)(3) to require a CSEA to indicate on the JFS 07724 of the decision made on the application of a court ordered deviation;
• In paragraph (C) updated the reference to (C)(17) of ORC section 3119.01;
• In paragraph (D) replaced the word "either" with "any" and updated or added (D)(1) through (D)(5) in accordance with H.B. 366;
• In paragraph (G) added new language in accordance with H.B. 366;
• In paragraph (H) added language from rule 5101:12‑45‑05.2(E) and revised the language to be consistent with H.B. 366;
• In paragraph (I) updated the reference to rule 5101:12‑1‑17 and added language on how cash medical shall be ordered and split between the parents;
• In paragraph (J) removed (J)(1) and (J)(2) and added the language, "the appropriate person to provide private health insurance coverage for the children."

This rule is authorized by ORC section 3125.25 and amplifies ORC sections 3119.02 and 3125.03.

This rule defines terms used throughout division 5101:12 of the Administrative Code.

Changes from the existing rule include: amended the title of the rule, updated the reference in paragraph (B) in accordance with H.B. 366, as the definition is now found in division (C)(1) of section 3119.01; and revised definitions in paragraphs (G)(2), (I)(3) and (J).

This rule is authorized under ORC section 3119.51; and amplifies ORC section(s) 3119.29, 3119.30, 3119.31, 3119.32.

This rule describes procedures for a CSEA to request that a court issue or for a CSEA to issue an order requiring an obligor to seek employment or engage in work activities under the Ohio Works First (OWF) program.

Changes from the existing rule include added paragraph (D) with language consistent with section 3119.06 of the Revised Code in accordance with H.B. 366.

This rule is authorized under ORC section 3125.25, and amplifies ORC sections 3121.03 and 5107.14.

This rule describes the requirements of a CSEA regarding the enforcement of an order to report the availability of private health insurance. This rule applies only to child support orders 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 from the existing rule include added " prior to March 28, 2019" in paragraph (A).

This rule is authorized under ORC section 3119.51; and amplifies ORC section 3119.30.

This rule describes the requirements of a CSEA during any period in which an obligor is ordered to pay cash medical support because private health insurance coverage for the child as ordered is no longer available to the health insurance obligor.

Changes from the existing rule include; moved language from paragraph (A) to paragraph (B), moved language from paragraph (B) to paragraph (A) and added " prior to March 28, 2019" in paragraph (A).

This rule is authorized under ORC section 3119.51; and amplifies ORC section 3119.30

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 5101:12-1 of the Administrative Code.

Changes to the rule include: amended the effective dates of forms and adding new forms.

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

Prior Effective Date of Form

Effective Date of Obsoleting

The cash medical support schedule is used by all Ohio courts and CSEAs when calculating the amount of cash medical support to be paid pursuant to a child support order.

This form is being obsoleted as the cash medical figure will now be contained within the JFS 07766, "Child Support Guideline Manual" and will be updated periodically in accordance with division (B) of section 3119.302 of the Revised Code.

Effective Date of Form

Revised

Form

Prior Effective Date of Form

Effective Date of Form

The purpose of this form is to have an agency certify that all employees, contractors and sub-contractors understand the requirements of the safeguarding information from the Internal Revenue Service, Ohio Department of Taxation, Federal Parent Locator, and Unemployment Compensation.

This form has been revised to update the e-mail address to "SETS_REPORTS_SECTION@jfs.ohio.gov."

This form must be completed for each prospective SETS user before access can be granted and any time the child support enforcement agency (CSEA) modifies the profile and/or security level of an existing SETS user.

This form has been revised to remove "Novell" and replace with "OH|ID Workforce User ID"

This form is used by a court or CSEA when calculating the child support and cash medical support obligations for a sole residential parent or shared parenting order.

The changes made to this form include:

• Simplified the language contained on the worksheet;
• Added a header to the top of each page that will list the parent's names, date the form was completed, county name, SETS case number, court or administrative order number, and the number of children of the order;
• Added reference to Ohio Revised Code section 3119.01(C)(12) in Line 1;
• Added to Line 7,"if Line 7 results in a negative amount, enter 0"
• Revised Line 9 in accordance with H.B. 366 to calculate an adjustment for other minor children not subject to this order;
• Revised Line 10 in accordance with H.B. 366 to calculate an adjustment based on the total actual out-of-pocket expense for the parent ordered to provide private health insurance;
• Line 17: Replaced "Percentage of parent's income to combined adjusted annual gross income" with "Income Share: Enter the percentage of parent's income to combined adjusted annual gross income"
• Added to Line 18; on Line 18b added, "If Line 16 amount is less than lowest income amount on the Basic Schedule, enter "960" and on Line 18d added, "if less than "960", enter "960";
• Added Line 19 in accordance with H.B. 366 to reduce a parent's obligation by ten per cent when a court has issued or will be issuing a parenting time order that equals or exceeds ninety overnights per year;
• Revised Line 20; replaced "received by a child or a person on behalf of the child" with "received by the child(ren) subject to the order;
• Revised Line 21 in accordance with H.B. 366 to calculate child care expenses;
• Revised Line 23 in accordance with H.B. 366 to calculate cash medical support obligation
• Revised the Recommended monthly orders for decree (Line 24 through Line 30)
• Added deviation factors for sections 3119.23 and 3119.231 of the Revised Code
• Added a line for when a court deviates cash medical support

This form is used by a court or CSEA when calculating the child support and cash medical support obligations for a split parental rights order.

The changes made to this form include:

• Simplifying the language contained on the worksheet;
• Adding a header to the top of each page that will list the parent's names, date the form was completed, county name, SETS case number, court or administrative order number, and the number of children of the order;
• Adding reference to Ohio Revised Code section 3119.01(C)(12) in Line 1;
• Revising Line 9 in accordance with H.B. 366 to calculate an adjustment for other minor children not subject to this order;
• Revising Line 10 in accordance with H.B. 366 to calculate an adjustment based on the total actual out-of-pocket expense for the parent(s) ordered to provide private health insurance;
• Line 17: Replaced "Percentage of parent's income to combined adjusted annual gross income" with "Income Share: Enter the percentage of parent's income to combined adjusted annual gross income"
• Added to Line 18; on Line 18b added, "If Line 16 amount is less than lowest income amount on the Basic Schedule, enter "960" and on Line 18d added, "if less than "960", enter "960";
• Adding Line 19 in accordance with H.B. 366 to reduce a parent's obligation by ten per cent when a court has issued or will be issuing a parenting time order that equals or exceeds ninety overnights per year;
• Revising Line 21 in accordance with H.B. 366 to calculate child care expenses and re-lettered Lines 21b-21p;
• Revising Line 23 in accordance with H.B. 366 to calculate cash medical support obligation
• Revising the Recommended monthly orders for decree (Line 24 through Line 34)
• Adding deviation factors for sections 3119.23 and 3119.231 of the Revised Code
• Adding a line for when a court deviates cash medical support
• Adding lines to calculate support when one parent has an obligation for child support and the other parent has an obligation for cash medical support.