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CSPMTL 175 (OCS Rule Review – Allocation Hierarchy (Five Year Rule Review), Enforcing a Court Support Order, Support Enforcement Program Services, Distribution of Assigned Support and Income Withholding)
Child Support Program Manual Transmittal Letter No. 175
September 24, 2021
TO: All Child Support Program Manual Holders
FROM: Matt Damschroder, Director
SUBJECT: OCS Rule Review – Allocation Hierarchy (Five Year Rule Review), Enforcing a Court Support Order, Support Enforcement Program Services, Distribution of Assigned Support and Income Withholding.

These rules have been reviewed in accordance with sections 106.03 and 119.04 of the Revised Code, which requires the review of all state agency rules within a five-year period.

The Office of Child Support (OCS) has rescinded the following rule:

Rescinded Rule Rescinded Rule Title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
5101:12‑50‑45 Enforcing a Court Support Order through the United States District Courts 03/01/2017 10/01/2021

This rule describes the process a child support enforcement agency (CSEA) may use to enforce an Ohio court support order against a non-custodial parent through the United States district courts.

This rule is rescinded.

This rule is authorized by ORC section 3125.25 and amplifies ORC sections 3125.03 and 3125.11.

OCS has filed the following rules as no change. The effective date of the rules will remain the same as the current rules.

Rule Number Rule Title Effective Date of Rule
5101:12‑80‑10 Allocation Hierarchy for Support Collections 02/01/2016

This rule provides definitions and describes the standardized allocation hierarchy for support collections

This rule is authorized under ORC sections 3119.51, 3121.71, 3125.25 and amplifies ORC sections 3119.27, 3119.30, 3121.07, 3121.43, 3121.51, 3121.56, 3121.58, 3123.821, 3125.03, 3125.05, 5160.38, and 5107.20.

5101:12‑80‑10.1 Allocation Hierarchy for Federal Income Tax Refund Offset Collections 02/01/2016

This rule describes the allocation hierarch y for federal income tax refund offset collections.

This rule is authorized by ORC sections 3121.71, 3125.25, and amplifies ORC sections 3119.30, 3121.51, 3123.81, 5160.38, and 5107.20.

OCS has amended following rules:

Amended Rule Amended Rule Title Prior Effective Date of Rule Effective Date of Amendment
5101:12‑1‑10.1 Support Enforcement Program Services 02/11/2019 10/01/2021

This rule describes the services that a CSEA is required to provide to IV-D cases and non-IV-D cases for which the CSEA has administrative responsibility in accordance with rules 5101:12‑10‑03 or rule 5101:12‑10‑04 of the Administrative Code.

Removed paragraphs (D)(4) and (D)(5) due to the removal of the corresponding federal regulations.

This rule is authorized by ORC section 3125.25, and amplifies ORC sections 3125.03 and 3125.36.

5101:12‑10‑99 Chapter 5101:12-10 Forms – Child Support Program Administration 10/15/2018 10/01/2021

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 5101:12-10 of the Administrative Code.

Revised the JFS 04047 effective date.

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

5101:12‑50‑99 Chapter 5101:12-50 Forms – Enforcement of the Support Order 06/01/2021 10/01/2021

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 5101:12-50 of the Administrative Code.

Revised the JFS 04017 effective date and removed the JFS 070730

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

5101:12‑80‑14 Limited Assignment, PRWORA Assignment, and Distribution of Assigned Support Collections 02/01/2016 10/01/2021

This rule provides definitions and describes the provisions of limited assignment and Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA).

Removed the hanging paragraph language under paragraph (A), added "this rule and its supplemental rules do not apply to medical support" to paragraph (A), and to paragraph (D)(3)(b)(ii)(a) clarified language that for conditionally assigned arrears under PRWORA, the comparison to the unreimbursed assistance amount (URA) is done against the remaining URA after the comparison for permanently assigned arrears has been done.

This rule is authorized under ORC section 3125.25 and amplifies ORC sections 3125.03 and 3125.24.

OCS has amended the following form.  

Form Number Form Title Prior Effective Date of Form Revised Effective Date
JFS 4017 Notice to Deduct Funds for Child and Spousal Support 2/2019 11/2021

This form is used by a child support enforcement agency (CSEA) to implement income withholding to collect current support and arrears from a payor's financial institution.

Removed language from the first page and added a place for the support enforcement tracking system (SETS) case number and added language about stop payment to the second page.

JFS 04047 Income Withholdng for Support 9/2018 3/2021

This form is used by a child support enforcement agency (CSEA) to implement income withholding to collect current support and arrears from a payor.

Made revisions to comply with the federal office of child support enforcement income withholding requirements.

OCS has obsoleted the following form.  

Obsoleted Form Obsoleted Form Title Prior Effective Date of Form Effective Date of Obsoletion
JFS 07073 Request to Submit a Case to U.S. District Court 12/2006 10/01/2021
This form is obsoleted

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 rescinded rule will be moved from the CSPM and to the OAC Archive section of the eManual
  • An obsoleted form will be removed
  • An amended form will replace the current posted form

The rules and forms in the CSPM can be accessed at: http://emanuals.odjfs.state.oh.us/emanuals.

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.