The Office of Child Support (OCS) will rescind the following rules:
| Rescinded Rule | Rescinded Rule Title | Prior Effective Date of Rule | Effective Date of Rescission |
|---|
| 5101:12‑20‑05.1 | Location tools. | 06/15/2006 | 01/01/2008 |
| 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. |
| 5101:12‑50‑05 | Techniques for the enforcement of support orders. | 01/01/2006 | 01/01/2008 |
| 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 The rule will be rescinded and not replaced as it is informational in nature and does not amplify or clarify the CSEA's responsibility under a federal or state statute or regulation.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 | Income withholding or income deduction. | 09/01/2005 | 01/01/2008 |
| 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. |
| 5101:12‑50‑10.1 | Income which may be withheld or deducted. | 09/01/2005 | 01/01/2008 |
| 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. |
| 5101:12‑50‑10.2 | CSEA's responsibility for income withholding and income deduction. | 09/01/2005 | 01/01/2008 |
| 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. |
| 5101:12‑50‑10.3 | Payor's responsibilities for income withholding. | 09/01/2005 | 01/01/2008 |
| 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. |
| 5101:12‑50‑10.4 | Financial institution's responsibilities for income deduction. | 09/01/2005 | 01/01/2008 |
| 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. |
| 5101:12‑50‑10.5 | Enforcement of income withholding and income deduction notices. | 09/01/2005 | 01/01/2008 |
| 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. |
| 5101:12‑50‑10.6 | Obligor and obligee's responsibilities under an income withholding or income deduction notice. | 09/01/2005 | 01/01/2008 |
| 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. |
| 5101:12‑50‑15 | Cash bonds. | 09/01/2005 | 01/01/2008 |
| 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. |
| 5101:12‑50‑17 | Seek work orders. | 09/01/2005 | 01/01/2008 |
| 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. |
| 5101:12‑50‑19 | Investigation of obligor's source of income or status of account. | 09/01/2005 | 01/01/2008 |
| 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. |
| 5101:12‑50‑90 | On-going enforcement; court-ordered limitation of enforcement. | 09/01/2005 | 01/01/2008 |
| 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 Rule | Adopted Rule Title | Effective Date of Adopted Rule |
|---|
| 5101:12‑20‑05.1 | Location 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.
|
| 5101:12‑50‑10 | Income 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.
|
| 5101:12‑50‑10.1 | Income 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.
|
| 5101:12‑50‑10.2 | CSEA'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.
|
| 5101:12‑50‑15 | Cash 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.
|
| 5101:12‑50‑17 | Seek 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.
|
| 5101:12‑50‑19 | Investigation 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.
|
| 5101:12‑50‑90 | Additional 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 Form | Revised Form Title | Prior Effective Date of Form | Effective Date of Revision |
|---|
| JFS 07625 | Health Insurance Disclosure Information | 11/1999 | 1/2008 |
| 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 Form | Adopted Form Title | Effective Date of Adoption |
|---|
| JFS 04056 | Additional Income Withholding Instructions for Employers of Independent Contractors | 1/2008 |
| 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