The Office of Child Support (OCS) has amended the following rules. The rules have been reviewed in order to comply with the federal office of child support enforcement (OCSE) requirement for states to begin using the most current income withholding format or face rejection of such withholdings from a payor.
| Amended Rule | Amended Rule Title | Prior Effective Date of Rule | Effective Date of Amendment |
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| 5101:12‑10‑90.2 | New hire directory of employees. | 9/1/2005 | 3/1/2013 |
This rule describes the process by which the Ohio department of job and family services (ODJFS) enters the information described in division (A)(1) of section 3121.89.2 of the Revised Code into the new hire directory of employees.
Changes to the rule include updating the revision date and title of the JFS 04047, "Order/Notice to Withhold Income for Child and Spousal Support" (rev. 5/2012), and a format correction to a Revised Code reference.
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| 5101:12‑50‑10 | Income withholding or income deduction. | 1/1/2008 | 3/1/2013 |
This rule describes in part the requirements for a child support enforcement agency (CSEA) to implement income withholding or income deduction.
Changes to the rule include updating the revision date and title of the JFS 04047, "Order/Notice to Withhold Income for Child and Spousal Support" (rev. 5/2012), and to implement use of the JFS 04017, "Notice to Deduct Funds for Child and Spousal Support" (5/2012) for financial institutions.
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| 5101:12‑50‑10.2 | CSEA's responsibility for income withholding and incomededuction. | 11/1/2009 | 3/1/2013 |
This rule describes when a child support enforcement agency (CSEA) shall issue an income withholding or income deduction.
Changes to the rule include updating the revision date and title of the JFS 04047, "Order/Notice to Withhold Income for Child and Spousal Support" (rev. 5/2012) and references have been made to include the JFS 04017, "Notice to Deduct Funds for Child and Spousal Support" (5/2012) to deduct funds from a financial institution. The revision date of the JFS 04048, "Addendum to Withholding Order" (rev. 11/2009) has been updated to the most recent version.
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| 5101:12‑50‑10.8 | Withholding from unemployment compensation benefits initiated by a child support enforcement agency. | 12/1/2006 | 3/1/2013 |
This rule describes the requirements for withholding unemployment compensation benefits received by an obligor.
The rule has had the revision date of the JFS 04047, "Order/Notice to Withhold Income for Child and Spousal Support" (rev. 5/2012) updated to match the new form.
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| 5101:12‑50‑19 | Investigation of obligor's source of income or status of account. | 1/1/2008 | 3/1/2013 |
This rule describes how a child support enforcement agency (CSEA) with administrative responsibility shall conduct an investigation of an obligor's employment and/or resources when the CSEA receives notification or becomes aware of a change in the obligor's source of income or status of accounts in a financial institution.
Changes to the rule include updating the revision date and title of the JFS 04047, "Order/Notice to Withhold Income for Child and Spousal Support" (rev. 5/2012) and references have been updated to include the JFS 04017, "Notice to Deduct Funds for Child and Spousal Support" (5/2012).
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| 5101:12‑50‑90 | Additional authority to collect arrearages. | 1/1/2008 | 3/1/2013 |
This rule describes how a CSEA administering the support order may take enforcement actions to collect any arrearage amount that has not yet been collected.
Changes to the rule include updating the revision date and title of the JFS 04047, "Order/Notice to Withhold Income for Child and Spousal Support" (rev. 5/2012) , and references have been updated to include the JFS 04017, "Notice to Deduct Funds for Child and Spousal Support" (5/2012). Clarification added to paragraph (B)(5) indicating when a financial institution withdrawal directive is issued by a CSEA.
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| 5101:12‑55‑03.1 | Identification of default and notice to obligor of default and potential action. | 4/15/2008 | 3/1/2013 |
This rule describes how at the end of each month, the support enforcement tracking system (SETS), upon identifying that an obligor appears to meet the default criteria and the case meets the automatic income withholding criteria, issues a JFS 04047, "Order/Notice to Withhold Income for Child and Spousal Support" (rev. 12/2002), to the obligor's current employer and the obligor.
The revision date of the JFS 04047, "Order/Notice to Withhold Income for Child and Spousal Support" (rev. 5/2012) has been updated. The revision date of the JFS 04049, "Notice to Obligor of Default and Potential Action" (rev.8/2010) has been updated.
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| 5101:12‑55‑03.2 | Default investigation. | 4/15/2008 | 3/1/2013 |
This rule describes the process of how the child support enforcement agency (CSEA) shall conduct an investigation once an obligor has been identified to be in default.
Changes to the rule include updating the revision date of the JFS 04047, "Order/Notice to Withhold Income for Child and Spousal Support" (rev. 5/2012), and references have been updated to include the JFS 04017, "Notice to Deduct Funds for Child and Spousal Support" (5/2012). The revision date of the JFS 04049, "Notice to Obligor of Default and Potential Action" (rev.8/2010) has been updated.
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| 5101:12‑55‑03.4 | Final and enforceable determination of default. | 4/15/2008 | 3/1/2013 | |
This rule describes when a final and enforceable determination of default exists.
Changes to the rule include updating the revision date of the JFS 04047, "Order/Notice to Withhold Income for Child and Spousal Support" (rev. 5/2012), and references have been updated to include the JFS 04017, "Notice to Deduct Funds for Child and Spousal Support" (5/2012). Clarification was added to paragraph (C) regarding required and appropriate enforcement action. The revision date of the JFS 04049, "Notice to Obligor of Default and Potential Action" (rev.8/2010) has been updated.
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| 5101:12‑60‑50.1 | Administrative termination investigation, findings and recommendations, and impounding support. | 11/15/2008 | 3/1/2013 |
This rule describes the process that a child support enforcement agency (CSEA) shall follow to complete an administrative termination investigation, issuing findings and recommendations as a result of that investigation, and the process for impounding support.
Changes to the rule include updating the revision date of the JFS 04047, "Order/Notice to Withhold Income for Child and Spousal Support" (rev. 5/2012), and references have been updated to include the JFS 04017, "Notice to Deduct Funds for Child and Spousal Support" (5/2012).
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OCS has developed the following form:
| Form | Form Title | Effective Date |
|---|
| JFS 04017 | Notice to deduct funds for child and spousal support. | 5/2012 |
| Since the revised JFS 04047, "Order/notice to withhold Income for Child and Spousal Support" (5/2012) does not allow itself to be sent to financial institutions as previous versions were, this form has been developed to deduct funds from an account in a financial institution to collect current support and arrears. |
OCS has revised the following form.
| Form | Revised Form Title | Prior Effective Date of Form | Effective Date of Revision |
|---|
| JFS 04047 | Order/notice to withhold income for child and spousal support. | 12/2002 | 5/2012 |
| This form has been revised to comply with the federal office of child support enforcement income withholding requirements. It is used by a child support enforcement agency (CSEA) to implement income withholding to collect current support and arrears from a payor. |
INSTRUCTIONS:
When the CSPMTL is published, the CSPM will be updated as follows:
- An amended rule will be inserted and the previous version will be moved to the OAC Archive section of the eManuals.
- A no change rule will continue with the same effective date.
- A rescinded rule will be moved from the CSPM to the OAC Archive section of the eManuals.
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, the CSEA is required to revise its internal procedural handbook and submit the revision to OCS within thirty days of the revision. The CSEA should carefully review the amended rules contained in this CSPMTL to determine whether they require the CSEA to update its internal procedural handbook.