(A)This rule
describes the process for adding, updating, and deleting obligor information.
(B)An Ohio tax
offset file is submitted each week to the federal office of child support
enforcement (OCSE). The Ohio tax offset file:
(1)Includes the
name and social security number of any obligor who met the federal income tax
refund offset submission criteria during the past week and was not previously
submitted or, if previously submitted, had been deleted;
(2)Updates
information regarding previously submitted obligors; and
(3)Deletes
obligors who are no longer eligible.
(C)An obligor who
becomes eligible for federal tax offset is automatically added to the Ohio tax
offset file when the submission criteria described in rule 5101:12-50-32.1 of
the Administrative Code are met. An obligor who had previously been submitted
and subsequently deleted from the Ohio tax offset file shall be resubmitted
when:
(1)Collections
reduce the arrears below the submission threshold and new qualifying arrears
subsequently accrue;
(2)An update to
obligor information results in the arrears being reduced below the submission
threshold and new qualifying arrears subsequently accrue; or
(3)The arrears
were previously submitted, then deleted as described in paragraph (E) of this
rule, and are now being resubmitted.
(D)The Ohio tax
offset file includes updated information for an existing submission when:
(1)There is any
change in the amount of the arrears;
(2)The arrears are
modified to zero or to an amount that is below the submission threshold;
(3)The child
support enforcement agency (CSEA) changes the indicator that excludes the
submitted obligor from other federal offset programs such as passport denial;
(4)The submission
indicator in the Ohio tax offset file changes from assigned to unassigned
status or vice versa; or
(5)For any other
transaction listed in paragraph (F) of this rule.
(E)A submission is
deleted from the Ohio tax offset file when:
(1)The arrears
amount is paid below the submission threshold;
(2)The CSEA
modifies the arrears to an amount that is below the submission threshold;
(3)The CSEA
completes an administrative review that results in the reduction of arrears
below the submission threshold; or
(4)A supervisor
within the CSEA has approved the deletion of the submission from the Ohio tax
offset file.
(F)The support
enforcement tracking system transmits the following transaction indicators to
OCSE:
(1)"A"
adds a new submission;
(2)"B"
changes the name of the obligor;
(3)"D"
deletes an existing submission;
(4)"L"
changes the local state code for the submitting state;
(5)"M"
modifies the arrears, which results in an increase or decrease in the amount of
arrears;
(6)"R"
replaces the current "yes" indicator with a "no" indicator,
or a "no" indicator with a "yes" indicator, for offset
submission or passport denial submission;
(7)"S"
indicates the accumulated state payment amount;
(8)"T"
indicates an order has been transferred to the state that issued the order for
administrative tax offset review;
(9)"Y"
resubmits an obligor and includes the obligor's address when the submission was
previously been rejected because OCSE could not locate an address for the
obligor; and
(10) "Z"
updates the obligor's address.
(G) OCSE processes
the transactions in the order indicated in paragraph (F) of this rule.
(H)OCSE will use
an updated address submitted through a "Y" or "Z" indicator
to issue any future pre-offset or offset notices.
(1)When an
obligor's submission has been rejected by OCSE because OCSE could not locate
the obligor's address and the CSEA subsequently obtains a valid obligor
address, the CSEA shall use the "Y" indicator to resubmit the obligor
and provide the obligor's address.
(2)When the CSEA
obtains a new valid address for the obligor and chooses to submit the changed
address to OCSE, the CSEA shall use the "Z" indicator to submit the
new address.
Once the CSEA has used a "Y" or "Z"
indicator, the CSEA shall submit all future address changes using the
appropriate "Y" or "Z" indicator.
Five Year Review (FYR) Dates: 2/3/2021 and 02/01/2026
Certification: CERTIFIED ELECTRONICALLY
Date: 02/03/2021
Promulgated Under: 119.03
Statutory Authority: 3123.81, 3125.25
Rule Amplifies: 3123.81, 3125.03, 3125.25
Prior Effective Dates: 11/09/1981, 06/10/1982 (Emer.),
09/13/1982, 05/01/1986 (Emer.), 07/20/1986, 11/01/1986, 12/20/1988, 03/18/1989,
08/09/1990, 04/01/1991, 11/01/1991, 07/01/1992, 02/11/1993, 09/01/1994, 11/01/1994,
01/01/1996, 08/01/1998, 05/01/2001, 04/11/2003, 07/01/2006