CSPMTL 191 (Five Year Rule Review – Income Withholding, FV and other Rules)
Child Support Program Manual Transmittal Letter No. 191
December 6, 2023
TO: All Child Support Program Manual Holders
FROM: Matt Damschroder, Director
SUBJECT: Five Year Rule Review – Income Withholding, FV and other Rules
PRINTER-FRIENDLY PDF:Printer-Friendly PDF of this Letter

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 filed the following rules as no change. The effective date of the rules remains the same as the existing rules:

Rule Number Rule Title Effective Date
5101:12‑1‑53 Program Income 12/15/2021

This rule describes what is considered IV-D program income and that IV-D program income must be reported by the Child Support Enforcement Agency (CSEA) on the JFS 02750, "Child Support Enforcement Agency Quarterly Financial Certification."

This rule is authorized by ORC section 3125.25 and amplifies sections 3119.27, 3121.59, 3123.17 and 3125.37 of the Revised Code.

5101:12‑10‑20 Family Violence Indicator 5/15/2008

This rule describes the family violence indicator (FVI). The FVI reflects that there is reasonable evidence that a case participant is subject to family violence or there is reason to believe that the release of information regarding a case participant may result in family violence.

This rule is authorized by ORC section 3125.25 and amplifies 3113.31

5101:12‑10‑20.1 Request for Override of Family Violence Indicator Restriction 5/15/2008

This rule describes the override process. The court may issue a one-time override of the family violence indicator when certain requirements are met; the rule also describes the CSEA responsibilities when handling child support case that have FVI.

This rule is authorized by ORC section 3125.25 and amplifies 3113.31.

5101:12‑10‑30 Assignment of Support 1/15/2014

This rule describes when support is assigned to ODJFS due to the receipt of Ohio Works First (OWF), medical assistance, or Title IV-E foster care maintenance (FCM) benefits.

This rule is authorized under ORC section 3125.25, and amplifies ORC sections 5160.35, 5160.38 and 5107.20.

5101:12‑10‑32 Good Cause Waiver of Cooperation 10/15/2018

This rule describes the good cause waiver process upon a request by the caretaker.

This rule is authorized by ORC section 3125.25; and amplifies ORC sections 3125.03, 5160.38, 5107.02 and 5107.22.

5101:12‑45‑15 Grandparent’s Request for Child Support for Grandchild 10/15/2018

This rule describes the process for the CSEA to establish an administrative child support order for a child born to parents who are unmarried and unemancipated.

This rule is authorized by ORC section 3125.25, and amplifies ORC sections 3109.19, 3125.03, and 3125.25.

5101:12‑50‑10.1 Income That May Be Withheld or Deducted 10/15/2018

This rule lists the sources of income that are or are not subject to withholding or deduction.

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

5101:12‑80‑09 Unreimbursed Assistance 1/15/2014

This rule describes when OWF or FCM benefits are included in the unreimbursed assistance (URA); provides definitions of terms used when calculating the URA; and states that the IV-D program may only recover the amount of URA that does not exceed the assigned support obligation.

This rule is authorized under ORC section 3125.25, and amplifies ORC sections 3125.03, and 5107.20.

OCS has amended the following rules:

Amended Rule Amended Rule Title Prior Effective Date of Rule Effective Date of Amendment
5101:12‑50‑10 Income Withholding or Income Deduction 10/15/2018 01/01/2024

This rule describes the requirements for a CSEA to implement income withholding or income deduction.  This rule is being revised to update the reference of JFS 04047 to rule 5101:12‑50‑99.

This rule is authorized by ORC section 3125.25 and amplifies ORC sections 3121.01 and 3121.0310.

5101:12‑50‑10.2 CSEA’s Responsibility for Income Withholding and Income Deduction 10/15/2018 01/01/2024

This rule describes the CSEA’s responsibility when the CSEA determines that the obligor is receiving income from a payor.  This rule is being revised to update the reference of JFS 04047 to rule 5101:12‑50‑99.

This rule is authorized by ORC section 3125.25; and amplifies ORC sections 3121.03, 3121.032, 3121.033, 3121.035 and 3121.036.

5101:12‑50‑10.8 Withholding from Unemployment Compensation Benefits Initiated by a Child Support Enforcement Agency 10/15/2018 01/01/2024

This rule describes the requirements for withholding from unemployment compensation benefits received by an obligor. This rule is being revised to update the reference of JFS 04047 to rule 5101:12‑50‑99.

This rule is authorized by ORC section 3125.25; and amplifies ORC sections 3121.07 and 4141.284.

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

The rules and forms in the CSPM can be accessed at: http://emanuals.jfs.ohio.gov/

INSTRUCTIONS for CSEA INTERNAL PROCEDURAL HANDBOOK:

Paragraph (J)(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.