CSPMTL 20 (Location Tools, Techniques for the Enforcement of Support Orders, Income Withholding, Cash Bond, Seek Work Orders, Investigation of Obligor's Source of Income or Status of Account, and On-going Enforcement Rules; and the JFS 07625, and JFS 04056 Forms.)
Child Support Program Manual Transmittal Letter No. 20
November 27, 2007
TO: All Child Support Program Manual Holders
FROM: Helen E. Jones-Kelley, Director
SUBJECT: Location Tools, Techniques for the Enforcement of Support Orders, Income Withholding, Cash Bond, Seek Work Orders, Investigation of Obligor's Source of Income or Status of Account, and On-going Enforcement Rules; and the JFS 07625, and JFS 04056 Forms.

The Office of Child Support (OCS) will rescind the following rules:

Rescinded RuleRescinded Rule TitlePrior Effective Date of RuleEffective Date of Rescission
5101:12‑20‑05.1Location tools.06/15/200601/01/2008
This rule was reviewed due to numerous unnecessary references to JFS forms. This rule is being proposed for rescission and replaced by a new rule with the same rule number and title because more than fifty percent of this rule is being stricken and a comparable amount of new text is being added.
5101:12‑50‑05Techniques for the enforcement of support orders.01/01/200601/01/2008
This rule has been reviewed in accordance with Section 119.032 of the Revised Code, which requires the review of all state agency rules within a five-year period. The rule will be rescinded and not replaced as it is informational in nature and does not amplify or clarify the CSEA's responsibility under a federal or state statute or regulation.
5101:12‑50‑10Income withholding or income deduction.09/01/200501/01/2008
This rule has been reviewed in accordance with Section 119.032 of the Revised Code, which requires the review of all state agency rules within a five-year period. This rule is being proposed for rescission and replaced by a new rule with the same rule number and title because more than fifty percent of this rule is being stricken and a comparable amount of new text is being added.
5101:12‑50‑10.1Income which may be withheld or deducted.09/01/200501/01/2008
This rule has been reviewed in accordance with Section 119.032 of the Revised Code, which requires the review of all state agency rules within a five-year period. This rule is being proposed for rescission and replaced by a new rule with the same rule number and title because more than fifty percent of this rule is being stricken and a comparable amount of new text is being added.
5101:12‑50‑10.2CSEA's responsibility for income withholding and income deduction.09/01/200501/01/2008
This rule has been reviewed in accordance with Section 119.032 of the Revised Code, which requires the review of all state agency rules within a five-year period. This rule is being proposed for rescission and replaced by a new rule with the same rule number and title because more than fifty percent of this rule is being stricken and a comparable amount of new text is being added.
5101:12‑50‑10.3Payor's responsibilities for income withholding.09/01/200501/01/2008
This rule has been reviewed in accordance with Section 119.032 of the Revised Code, which requires the review of all state agency rules within a five-year period. The rule will be rescinded and not replaced as it is informational in nature and does not amplify or clarify the CSEA's responsibility under a federal or state statute or regulation.
5101:12‑50‑10.4Financial institution's responsibilities for income deduction.09/01/200501/01/2008
This rule has been reviewed in accordance with Section 119.032 of the Revised Code, which requires the review of all state agency rules within a five-year period. The rule will be rescinded and not replaced as it is informational in nature and does not amplify or clarify the CSEA's responsibility under a federal or state statute or regulation.
5101:12‑50‑10.5Enforcement of income withholding and income deduction notices.09/01/200501/01/2008
This rule has been reviewed in accordance with Section 119.032 of the Revised Code, which requires the review of all state agency rules within a five-year period. The rule will be rescinded and not replaced as it is informational in nature and does not amplify or clarify the CSEA's responsibility under a federal or state statute or regulation.
5101:12‑50‑10.6Obligor and obligee's responsibilities under an income withholding or income deduction notice.09/01/200501/01/2008
This rule has been reviewed in accordance with Section 119.032 of the Revised Code, which requires the review of all state agency rules within a five-year period. The rule will be rescinded and not replaced as it is informational in nature and does not amplify or clarify the CSEA's responsibility under a federal or state statute or regulation.
5101:12‑50‑15Cash bonds.09/01/200501/01/2008
This rule has been reviewed in accordance with Section 119.032 of the Revised Code, which requires the review of all state agency rules within a five-year period. This rule is being proposed for rescission and replaced by a new rule with the same rule number and title because more than fifty percent of this rule is being stricken and a comparable amount of new text is being added.
5101:12‑50‑17Seek work orders.09/01/200501/01/2008
This rule has been reviewed in accordance with Section 119.032 of the Revised Code, which requires the review of all state agency rules within a five-year period. This rule is being proposed for rescission and replaced by a new rule with the same rule number and title because more than fifty percent of this rule is being stricken and a comparable amount of new text is being added.
5101:12‑50‑19Investigation of obligor's source of income or status of account.09/01/200501/01/2008
This rule has been reviewed in accordance with Section 119.032 of the Revised Code, which requires the review of all state agency rules within a five-year period. This rule is being proposed for rescission and replaced by a new rule with the same rule number and title because more than fifty percent of this rule is being stricken and a comparable amount of new text is being added.
5101:12‑50‑90On-going enforcement; court-ordered limitation of enforcement.09/01/200501/01/2008
This rule has been reviewed in accordance with Section 119.032 of the Revised Code, which requires the review of all state agency rules within a five-year period. This rule is being proposed for rescission and replaced by a new rule with the same rule number and title because more than fifty percent of this rule is being stricken and a comparable amount of new text is being added.

OCS will propose to adopt the following rules:

Adopted RuleAdopted Rule TitleEffective Date of Adopted Rule
5101:12‑20‑05.1Location tools.01/01/2008
This rule describes how a CSEA shall interact with location functions available in SETS and the appropriate interstate location tools. The change from the rescinded rule is removing unnecessary references to JFS forms and location sources.
This rule is authorized under ORC section 3125.25, and amplifies ORC section 3125.03.
5101:12‑50‑10Income withholding or income deduction.01/01/2008
This rule describes the CSEA's requirements for implementing income withholding. Changes from the rescinded rule include: added definitions for "income" and "payor," modified definitions for "personal earnings: and "willfully," and deleted definitions for "addendum notice," "income deduction notice," "income withholding notice," "mistake of fact," and "support order."
This rule is authorized under ORC section 3125.25, and amplifies ORC sections 3121.01 and 3121.0310.
5101:12‑50‑10.1Income that may be withheld or deducted.01/01/2008
This rule describes what income may and may not be withheld. The change from the rescinded rule is revising the rule for clarity. No substantive changes in CSEA procedures have been made.
This rule is authorized under ORC section 3125.25, and amplifies ORC section 3125.03.
5101:12‑50‑10.2CSEA's responsibility for income withholding and income deduction.01/01/2008
This rule describes the CSEA's responsibility for income withholding and income deduction. The change from the rescinded rule is revising the rule for clarity. No substantive changes in CSEA procedures have been made.
This rule is authorized under ORC section 3125.25, and amplifies ORC sections 3121.03, 3121.032, 3121.033, and 3121.035.
5101:12‑50‑15Cash bonds.01/01/2008
This rule describes the circumstances that must exist for the CSEA to ask a court to order an obligor to post a cash bond and specifies that a CSEA may not order a cash bond. Changes from the rescinded rule include: removed references to a court's responsibility to issue a cash bond order and revised the rule for clarity. No substantive changes in CSEA procedures have been made.
This rule is authorized under ORC section 3125.25, and amplifies ORC sections 3121.03 and 3121.04.
5101:12‑50‑17Seek work orders.01/01/2008
This rule describes seek work orders and discusses when the court or CSEA may issue such an order. The rule explains that the seek work order must mirror the OWF self-sufficiency contract when applicable. Changes from the rescinded rule include: removed references to a court's responsibility to issue a seek work order and revised the rule for clarity. No substantive changes in CSEA procedures have been made.
This rule is authorized under ORC section 3125.25, and amplifies ORC sections 3121.03 and 5107.14.
5101:12‑50‑19Investigation of obligor's source of income or status of account.01/01/2008
This rule describes the circumstances that require the CSEA to investigate the obligor's sources of income. The change from the rescinded rule is revising the rule for clarity. No substantive changes in CSEA procedures have been made.
This rule is authorized under ORC section 3125.25, and amplifies ORC sections 3121.03 and 3121.14.
5101:12‑50‑90Additional authority to collect arrearages.01/01/2008
This rule describes when a CSEA must investigate an obligor's income or status of account. The rule was revised for clarity. The change from the rescinded rule is revising the rule for clarity. No substantive changes in CSEA procedures have been made.
This rule is authorized under ORC sections 3123.823 and 3125.25, and amplifies ORC sections 3121.03, 3123.22, 2123.24, 3123.36, 3123.37, 3123.38, 3123.81, 3123.82, 3123.821, 3123.822, and 3123.823.

OCS has proposed to revise the following forms:

Revised FormRevised Form TitlePrior Effective Date of FormEffective Date of Revision
JFS 07625Health Insurance Disclosure Information11/19991/2008
The form has been revised so that it can be used to obtain health insurance information about either the custodial parent or non-custodial parent.

OCS has proposed to adopt the following form:

Adopted FormAdopted Form TitleEffective Date of Adoption
JFS 04056Additional Income Withholding Instructions for Employers of Independent Contractors1/2008
This form has been created to be issued to a payor of an independent contractor along with the JFS 04047, "Order To Withhold Income For Child And Spousal Support."

INSTRUCTIONS:

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

  • A rescinded rule will be moved from the CSPM to the OAC Archive section of the eManuals.
  • An adopted rule will be inserted.
  • A revised form will be replaced with the amended form.
  • An adopted form will be inserted.

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 web page at:

http://www.odjfs.state.oh.us/forms/inner.asp