(A)Termination of
a support order does not prevent a child support enforcement agency (CSEA) from
enforcing any arrears that accrued under the support order.
(B)In accordance
with section 3123.22 of the Revised Code, when an obligor is paying off an
arrearage owed under a support order, the CSEA
administering the support order may take any administrative
or judicial enforcement actions to collect any arrearage amount that has
not yet been collected. These enforcement actions include, but are not limited to:
(1)The issuance of
one or more JFS 04047, "Income Withholding for Support" (effective or
revised effective date as identified in rule 5101:12-10-995101:12-50-99 of the Administrative Code);
(2)The issuance of
one or more JFS 04017, "Notice to Deduct Funds for Child and Spousal
Support" (effective or revised effective date as identified in rule
5101:12-50-99 of the Administrative Code);
(3)The attachment
of a lump sum payment owed to the obligor;
(4)The offset of
any federal or state income tax refund owed to the obligor; or
(5)The issuance of
a financial institution withdrawal directive in accordance with rule
5101:12-55-10.3 of the Administrative Code.
(C)When the
obligee and obligor have agreed in a writing signed by the obligee and obligor
that is approved by the court by journal entry that the additional actions
should be limited to the offset of any federal or state income tax refund owed
to the obligor, the CSEA shall limit its enforcement actions to offset of any
federal or state income tax refund owed to the obligor.
Effective: 8/1/2023
Five Year Review (FYR) Dates: 5/1/2023 and 08/01/2028
Certification: CERTIFIED ELECTRONICALLY
Date: 07/06/2023
Promulgated Under: 119.03
Statutory Authority: 3123.823, 3125.25
Rule Amplifies: 3121.03, 3123.22, 3123.24, 3123.36, 3123.37, 3123.38,
3123.81, 3123.82, 3123.821, 3123.822, 3123.823
Prior Effective Dates: 01/01/1987 (Emer.), 03/20/1987,
12/01/1987, 03/16/1989 (Emer.), 06/01/1989, 03/18/1991, 06/01/1991, 07/15/1992,
12/31/1993, 01/01/1995, 06/21/1996, 07/01/1996, 01/01/1998, 12/01/2001, 09/01/2005,
01/01/2008, 03/01/2013, 02/01/2016