CSPMTL 51 (Waiver or Compromise of Permanently Assigned Arrears)
Child Support Program Manual Transmittal Letter No. 51
September 24, 2010
TO: All Child Support Program Manual Holders
FROM: Douglas E. Lumpkin, Director
SUBJECT: Waiver or Compromise of Permanently Assigned Arrears

The Office of Child Support (OCS) has adopted the following Ohio Administrative Code (OAC) rules:

Adopted RuleAdopted Rule TitleEffective Date of Adopted Rule
5101:12‑60‑70Waiver and compromise of assigned arrears.10/1/2010
This rule contains definitions for terms specific to this rule and the supplemental rules; lists the limitations regarding a negotiation for a waiver or compromise; specifies that a child support enforcement agency (CSEA) may elect to implement a waiver or compromise of permanently assigned arrears program; and identifies when a CSEA is required to take action in a legal proceeding for the waiver or compromise of permanently assigned arrears if the CSEA is not already a party to the action.
5101:12‑60‑70.1Negotiation for a waiver or compromise of permanently assigned arrears.10/1/2010
This rule authorizes an obligor to submit a request to a CSEA for a waiver or compromise of permanently assigned arrears. It describes what actions a CSEA shall take when a negotiation for a waiver or compromise is pending, including completing the JFS 07717, "Determination Regarding Negotiation for a Waiver or Compromise of Permanently Assigned Arrears" (10/2010), and forwarding a completed JFS 07717 to the Office of Child Support (OCS) when the pending negotiation is for a waiver or compromise of permanently assigned arrears of $5,000 or more. It also requires the CSEA to notify an obligor in writing when an obligor's request for a waiver or compromise is denied.
5101:12‑60‑70.2Agreed entry for a waiver or compromise of permanently assigned arrears.10/1/2010
This rule requires the CSEA to use the JFS 07718, "Administrative Agreed Entry for a Waiver or Compromise of Permanently Assigned Arrears" (10/2010), for a waiver or compromise of permanently assigned arrears that accrued under an administrative child support order. It also lists language required in an agreed entry for a waiver or compromise of permanently assigned arrears that accrued under a court support order; specifies that when permanently assigned arrears are waived or reduced, the same amount of unreimbursed assistance must be reduced; requires the CSEA to maintain a written record of waivers and compromises; and requires the CSEA to provide the OCS a copy of the CSEA's written record, agreed entry or report regarding the CSEA's completed waivers and compromises upon OCS' request.

OCS has adopted the following forms:

Adopted FormAdopted Form TitleEffective Date of Adopted Form
JFS 07717Determination Regarding Negotiation for a Waiver or Compromise of Permanently Assigned Arrears7/2010
When a CSEA elects to implement a waiver and compromise of permanently assigned arrears program, the CSEA must complete this form to determine what action to take regarding a pending negotiation for a waiver or compromise of permanently assigned arrears.
When the pending negotiation is for a waiver or compromise of permanently assigned arrears of $5,000 or more, the CSEA must forward the completed form to OCS and attach any relevant documents.
This form provides the CSEA and OCS with a comprehensive, time-effective way to review an obligor's employment, enforcement, family/social, financial and support order status, and to document how and why a CSEA made a determination or recommendation regarding a pending waiver or compromise.
JFS 07718Administrative Agreed Entry for a Waiver or Compromise of Permanently Assigned Arrears7/2010
This form serves as an administrative agreed entry for a waiver or compromise of permanently assigned arrears when the arrears accrued under an administrative child support order.
The form allows the CSEA to document the specific provisions of the waiver or compromise; includes a field for the CSEA to enter the dates it must review the obligor's payment compliance, when the agreement is for an installment plan compromise; states "The rights of the obligee shall not be prejudiced by the acceptance of the request to waive or compromise permanently assigned arrears"; provides written notification to the obligor that the obligor is still responsible for paying the full monthly support obligation amount owed on the support order and is still subject to all collection and enforcement techniques; and lists the three circumstances necessary for the obligor or CSEA to re-open matters addressed in the agreed entry.
    

INSTRUCTIONS:

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

  • Three adopted rules will be inserted.
  • Two adopted forms 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 Innerweb page at

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

or on the ODJFS Forms Central Internet page at

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

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, the CSEA is required to revise its internal procedural handbook and submit the revision to OCS within 30 days of the revision.

Paragraph (C)(2) of OAC rule 5101:12-60-70 requires the CSEA to document the agency's procedures for negotiation of waiver or compromise agreements if it elects to authorize the CSEA director or administrator to approve such agreements.