CSPMTL 173-A (Five Year Rule Review – FIDM Rules)
Child Support Program Manual Transmittal Letter No. 173-A
December 3, 2021
TO: All Child Support Program Manual Holders
FROM: Matt Damschroder, Director
SUBJECT: Five Year Rule Review – FIDM Rules

The Office of Child Support (OCS) is conducting a rule review in accordance with section 106.031 of the Revised Code, which requires the review of all state agency rules within a five-year period.

OCS has proposed the following rule as no change. The effective date of the rule remains the same as the existing rule.

Rule Number Rule Title Effective Date of Rule
5101:12‑55‑10.2 Administrative and court hearings for ownership interest in an account 2/11/2019

This rule describes the administrative hearing procedures that the child support enforcement agency (CSEA) is required to follow as well as the court process when the joint account owner requests an administrative or court hearing.

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.

OCS has amended the following rules:

Amended Rule Amended Rule Title Prior Effective Date of Rule Effective Date of Amendment
5101:12‑55‑10.1 Investigation of an account, imposing an access restriction, and releasing an access restriction 2/11/2019 12/15/2021

This rule has been refiled with JCARR; this action is needed to remove reference to JFS 04018, which is being obsoleted.

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 include: clarified the language in paragraphs (D) and (E), and removed the reference to JFS 04018 from the rule as it is no longer needed.

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

5101:12‑55‑10.3 Issuing a withdrawal directive 2/11/2019 11/01/2021

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 new language in paragraphs (B) and (C) requiring the CSEA to issue the JFS 04046; gives directions for the CSEAs to collaborate when the obligor has multiple cases with multiple CSEAs, and specify the responsibility of each CSEA.

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 2/11/2019 11/01/2021

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. Changes from the existing rule include: corrected the reference to federal form (OMB 0970-0152), and removed the link to the federal form as it's not needed.

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 5101:12-55 forms - enforcement of the support order based on finding of default 2/11/2019 11/01/2021

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 list a new required form JFS 04046.

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

OCS is adopting the following form:

Form Form Title Effective Date
JFS 04046 Financial Institution Account Withdrawal Directive For Obligors With Multiple Cases 11/2021
This is a new form that was created to address the circumstance when an obligor has multiple cases with multiple CSEAs. The CSEA is required to issue to the financial institution and to the obligor when it intends to withdraw from the obligor's account. The form gives instructions and specifies the amount to withdraw and where to forward the funds to.  

OCS is obsoleting the following form:

Form Form Title Effective Date
JFS 04018 Notice of Right to Garnish Federal Benefits 11/2021
The form is being obsolete as it is no longer needed.

 

INSTRUCTIONS:

When the CSPMTL is published, the CSPM will be updated as follows: 

  • A no change rule will continue with the same effective date,
  • An amended rule will be inserted, and the previous version will be moved to the OAC Archive section of the eManuals,
  • A new form will be posted,
  • An obsolete form will be removed from Forms Central

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.