CSPMTL 188 (Five Year Rule Review – Default, Lien, and Court Genetic Testing Rules)
Child Support Program Manual Transmittal Letter No. 188
July 7, 2023
TO: All Child Support Program Manual Holders
FROM: Matt Damschroder, Director
SUBJECT: Five Year Rule Review – Default, Lien, and Court Genetic Testing Rules
PRINTER-FRIENDLY PDF:Printer-Friendly PDF of this Letter

These rules were reviewed in accordance with sections 106.03, 106.031, and 119.04 of the Ohio Revised Code (ORC), which requires the review of all state agency rules within a five-year period.

The Office of Child Support (OCS) has filed the following rules with no changes. The effective dates of these rules will remain the same as the existing rules:

Rule Number Rule Title Effective Date of Rule
5101:12‑40‑25 Court Order for Genetic Testing 05/01/2014

This rule describes the process for court ordered genetic testing.

This rule is authorized by ORC section 3125.25; and amplifies ORC section 3111.09.

5101:12‑55‑03 Default 04/15/2008

This rule defines terms used in chapter 5101:12-55 of the Administrative Code to describe the default process and subsequent enforcement techniques that are available to enforce the support order.

This rule is authorized by ORC section 3125.25; and amplifies ORC sections 3121.01 and 3123.01.

OCS has amended the following rules:

Amended Rule Amended Rule Title Prior Effective Date of Rule Effective Date of Amended Rule
5101:12‑10‑99 Chapter 5101:12-10 Forms – Child Support Program Administration 10/01/2021 08/01/2023

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. The JFS 04047 was removed from the rule and added to rule 5101:12‑50‑99 as it is first referenced in Chapter 5101:12-50; and the revision date of the JFS 07092 was updated.

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

5101:12‑50‑19 Investigation of Obligor's Source of Income or Status of Account 02/01/2016 08/01/2023

This rule describes the process a child support enforcement agency (CSEA) shall follow to investigate an obligor’s employment and resources when the CSEA is notified or becomes aware of a change in the obligor’s source of income or status of accounts in a financial institution.  The rule reference of the JFS 04047 in paragraph (C) was updated.

This rule is authorized by ORC section 3125.25; and amplifies ORC sections 3121.03 and 3121.14.

5101:12‑50‑90 Additional Authority to Collect Arrearages 02/01/2016 08/01/2023

This rule describes the enforcement actions the CSEA may take to collect arrears that accrued under the support order.  Paragraph (B) was amended to clarify that a CSEA may take any administrative or judicial enforcement action, and the rule reference of the JFS 04047 in paragraph (B)(1) was updated. 

This rule is authorized by ORC sections 3123.823 and 3125.25; and amplifies ORC sections 3121.03, 3123.22, 3123.24, 3123.36, 3123.37, 3123.38, 3123.81, 3123.82, 3123.821, 3123.822 and 3123.823.

5101:12‑50‑99 Chapter 5101:12-50 Forms – Enforcement of the Support Order 10/01/2021 08/01/2023

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.  The JFS 04047 form was added as it is first referenced in Chapter 5101:12-50 of the Administrative Code.

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

5101:12‑55‑03.1 Identification of Default and Notice to Obligor of Default and Potential Action 02/01/2016 08/01/2023

This rule describes how at the end of each month, the support enforcement tracking system (SETS), upon identifying that an obligor appears to meet the default criteria and the case meets the automatic income withholding criteria, issues a JFS 04047, "Income Withholding for Support," to the obligor's current employer and the obligor.  The rule reference of the JFS 04047 in paragraph (B) was updated.

This rule is authorized by ORC section 3125.25; and amplifies ORC sections 3123.021, 3123.022, 3123.03, 3123.061, 3123.07, and 3123.21.

5101:12‑55‑03.2 Default Investigation 02/01/2016 08/01/2023

This rule describes the process of how the CSEA shall conduct an investigation once an obligor has been identified to be in default.  The rule reference of the JFS 04047 in paragraph (A)(6)(a) was updated.

This rule is authorized by ORC section 3125.25; and amplifies ORC section 3123.02.

5101:12‑55‑03.3 Administrative Mistake of Fact Hearing Process 02/11/2019 08/01/2023

This rule describes the administrative mistake of fact hearing process when an obligor who has been found to be in default objects to the default.  The last two sentences of paragraph (A) were converted to subparagraphs for clarity. 

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 02/11/2019 08/01/2023

This rule describes when a final and enforceable determination of default exists. The JFS 07083, "Notice to Obligor Regarding Default and 20% Payment on Arrears," was added to paragraphs (A) and (B) to clarify that an obligor may object to the form in addition to the JFS 04049; and the rule reference of the JFS 04047 form in paragraph (B)(1) was updated.

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

5101:12‑55‑20 Liens Against Real and Personal Property 09/15/2013 08/01/2023

This rule describes the procedures that a CSEA shall use when it decides to assert a lien on real or personal property that is owned by an obligor who has been determined to be in default under a support order.  Paragraph (D) was consolidated into one paragraph, and the reference of the "Notice of Lien" form was changed to JFS 01132 instead of OMB 0970-0153. 

This rule is authorized by ORC section 3125.25; and amplifies ORC sections 3123.66, 3123.67, 3123.70, 3123.73, 3123.74, 3123.77, 3123.78, and 3125.03.

5101:12‑55‑20.1 Lien Levy and Execution 11/01/2021 08/01/2023

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 reference of the "Notice of Lien" form in paragraph (D)(6) was changed to JFS    01132 instead of OMB 0970-0152.

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.

5101:12‑55‑40 Insurance Claim Intercept 02/01/2016 08/01/2023

This rule describes the process the CSEA will follow upon notification of an insurance claim match.  The rule reference of the JFS 04047 in paragraph (B)(1) was updated, and the language in paragraph (B)(1) was amended for clarity.  

This rule is authorized by ORC sections 3123.23 and 3125.25; and amplifies ORC sections 3121.03, 3121.21 and 3125.25.

5101:12‑55‑99 Chapter 5101:12-55 Forms – Enforcement of the Support Order Based on Finding of Default 11/01/2021 08/01/2023

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 JFS 01132, "Notice of Lien" form was added as it is first referenced in Chapter 5101:12-55 of the Administrative Code.

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

5101:12‑70‑05.11 Forms for Intergovernmental Case Processing 12/15/2021 08/01/2023

This rule lists the Uniform Interstate Family Support Act (UIFSA) mandated forms that a CSEA must use when processing an interstate case.  The rule reference of the JFS    01132 in paragraph (A)(15) was updated. 

This rule is authorized by ORC section 3125.25; and amplifies ORC sections 3115.602, 3115.605 and 3125.03.

OCS has rescinded the following rule:

Rescinded Rule Rescinded Rule Title Prior Effective Date of Rule Effective Date of Rescission
5101:12‑70‑99 Chapter 5101:12-70 Forms – Intergovernmental Actions 03/01/2018 08/01/2023

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 5101:12-70 of the Administrative Code.  The rule was rescinded and will not be replaced because the only form listed in the rule - the JFS 01132, "Notice of Lien" - was moved to rule 5101:12‑55‑99 of the Administrative Code as it is first referenced in Chapter 5101:12-55 of the Administrative Code. 

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

OCS has amended the following forms:

Form Number Form Title Prior Effective Date of Form Revised Effective Date
JFS 01132 Notice of Lien 02/2018 08/01/2023
This form is used to assert and release an interstate lien on real or personal property of an obligor who has been found to be in default of a support order.  The form was amended to comply with the federal version of the form, the OMB 0970-0152.
JFS 01132-I Notice of Lien Instructions 02/2018 08/01/2023
This form is used to explain how to complete the JFS    01132, "Notice of Lien" form when asserting or releasing an interstate lien on real or personal property of an obligor who has been found to be in default of a support order.  The form was amended to comply with the federal version of the form, the OMB 0970-0152.

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 Ohio Administrative Code (OAC) Archive section of the eManuals,
  • A rescinded rule will be moved to the OAC Archive section of the eManuals,
  • An amended form will replace the current posted 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 Intranet page at:

https://innerapp.odjfs.state.oh.us/forms/

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.