CSPMTL 50 (Federal Adjustment, State Payments and Recovery of Disbursed Tax Offset Collections Rule)
Child Support Program Manual Transmittal Letter No. 50
September 14, 2010
TO: All Child Support Program Manual Holders
FROM: Douglas E. Lumpkin, Director
SUBJECT: Federal Adjustment, State Payments and Recovery of Disbursed Tax Offset Collections Rule

The Office of Child Support (OCS) has rescinded the following rule from the Ohio Administrative Code (OAC):

Rescinded RuleRescinded Rule TitlePrior Effective Date of RuleEffective Date of Rescission
5101:12‑50‑32.9Federal adjustments, state payments, and recovery of disbursed collections07/01/200610/01/2010
This rule describes the processes used to rectify an invalid federal tax offset. It is being rescinded and replaced by a new rule with the same rule number but different title because more than 50 percent of it has been rewritten.

OCS has adopted the following rule:

Adopted RuleAdopted Rule TitleEffective Date of Adopted Rule
5101:12‑50‑32.9Federal adjustments, state payments, and recovery of disbursed tax offset collections10/01/2010
This rule describes the processes used to rectify an invalid federal tax offset. It replaces the above rule and incorporates the following changes:
Language has been added for clarity,
Paragraph (F) has been revised to give child support enforcement agencies the option to recover federal tax offset adjustments that were disbursed to obligees or obligors,
Language was added giving child support enforcement agencies the option to recover funds from obligee, obligors or both.
This rule is authorized by Ohio Revised Code (ORC) sections 3123.81 and 3125.25; it amplifies ORC sections 3123.81, 3125.03, and 3125.25.

INSTRUCTIONS:

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

  • The rescinded rule will be moved from the CSPM to the OAC Archive section of the eManuals.
  • The adopted rule will be inserted.

The rules and forms in the CSPM can be accessed at:

http://emanuals.jfs.ohio.gov

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, each CSEA is required to revise its internal procedural handbook and submit the revision to the ODJFS Office of Child Support within 30 days of the revision. Each CSEA should carefully review the adopted rule contained in this CSPMTL to determine whether it requires the CSEA to update its internal procedural handbook.