CSPMTL 45 (Support Establishment Rule)
Child Support Program Manual Transmittal Letter No. 45
December 16, 2009
TO: All Child Support Program Manual Holders
FROM: Douglas E. Lumpkin, Director
SUBJECT: Support Establishment Rule

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

Amended RuleAmended Rule TitlePrior Effective Date of RuleEffective Date of Amendment
5101:12‑45‑05Support Order Establishment.4/1/200912/15/2009
This rule describes the parental duty of support and when a child support enforcement agency (CSEA) must establish an administrative child support order or file an action to establish a court child support order.
The rule has been modified to remove the requirement that a CSEA file a court action to establish a child support order when the parents of the child are still married and a court has not identified a residential parent or custodian.
This rule is authorized under ORC section 3125.25; it amplifies ORC sections 3103.03, 3103.031, 3111.03, 3111.13, 3111.24, 3111.25, 3111.49, 3111.78, 3111.821, 3111.95, 3119.61, 3125.03, 3125.36.


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

  • The amended rule will be inserted, and the previous versions will be moved to the Ohio Administrative Code archive section of the eManuals.

The rule in the CSPM can be accessed at:



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 30 days of the revision. The CSEA should carefully review the adopted and amended rules contained in this CSPMTL to determine whether they require the CSEA to update its internal procedural handbook. The CSEA should give particular care when reviewing the following rules as they contain new or modified requirements with which the CSEA must comply: