(A)In accordance
with section 3770.071 of the Revised Code, the Ohio lottery commission (OLC) is
required to stipulate that each person entitled to a lottery prize award with a
value of six hundred dollars or more must affirm in writing and under oath
whether or not the person is in default under a support order. OLC may take any
additional steps to determine if the person entitled to the prize award is in
default under a support order.
(B)When the person
is in default under a support order and is entitled to a prize award with a
value of six hundred dollars or more, OLC will:
(1)Temporarily
withhold payment of the prize award; and
(2)Notify the
office of child support (OCS) within the Ohio department of job and family
services of the following:
(a)The name of the
person entitled to the prize award;
(b)The address and
social security number of the person entitled to the prize award;
(c)The amount of
the prize award; and
(d)When the prize
award is to be paid in annual installments, the number of installments.
(C)Upon receipt of
the information from OLC, OCS will determine whether the person is an obligor
that has arrears under a support order being administered by a child support
enforcement agency (CSEA).
(1)When the person
is not an obligor that has arrears under a support order being administered by
a CSEA, OCS will notify OLC that the prize award should be released to the
person.
(2)When the person
is an obligor that has arrears under one or more support orders being
administered by a single CSEA, OCS will provide that CSEA with the information
received from OLC and the date OCS received the information from OLC. When the
person is an obligor who has more than one support order and those support
orders are administered by more than one CSEA, OCS will provide each CSEA with
the information received from OLC.
OCS will provide the CSEA with the notification described in
paragraph (C)(2) of this rule within five days of the date OCS receives the
information from OLC.
(D)When a CSEA
receives the information from OCS, the CSEA shall conduct an investigation to
determine whether the person entitled to the lottery prize award is an obligor
subject to a final and enforceable determination of default.
(1)When the person
is not an obligor subject to a final and enforceable determination of default,
the CSEA shall notify OLC within fifteen days of the date that OLC sent the
notice of the prize award that the person is not subject to a final and
enforceable determination of default.
(2)When the person
is an obligor subject to a final and enforceable determination of default, the
CSEA shall issue a JFS 07071, "State Lottery Prize Award Intercept
Directive" (effective or revised effective date as identified in rule
5101:12-55-99 of the Administrative Code), to OLC and issue a copy of the JFS
07071 to the obligor. The CSEA shall issue the JFS 07071 within thirty days of
the date that OLC sent the notice of the prize award.
The CSEA shall issue a separate JFS 07071 for each support order
under which the obligor is subject to a final and enforceable determination of
default.
(E)Upon receiving
the JFS 07071 from the CSEA, OLC will:
(1)For one-time
prize awards, pay the amount of intercept specified in the JFS 07071 or the
prize award, whichever is less, to child support payment central (CSPC) in OCS
within thirty days of the date of the JFS 07071.
(2)For prize
awards paid in annual installments, pay the amount of intercept specified on
the JFS 07071 or the amount of the annual installment, whichever is less, to
CSPC on the date the next annual installment is due. When the annual
installment does not satisfy the amount specified on the JFS 07071, OLC will
pay subsequent annual installments to CSPC until the amount of intercept
specified on the JFS 07071 has been paid in full.
(F)For prize
awards paid in annual installments:
(1)The CSEA may
modify the amount of intercept specified on the original JFS 07071 by issuing
an amended JFS 07071 to OLC before the date the next annual installment is due.
When the CSEA issues an amended JFS 07071 to OLC, the CSEA shall send a copy of
the amended JFS 07071 to the obligor.
(2)Within thirty
days of determining that the obligor is no longer in default, the CSEA shall
issue a JFS 07070, "Notice to Terminate the State Lottery Prize Award Intercept
Directive" (effective or revised effective date as identified in rule
5101:12-55-99 of the Administrative Code), to OLC and issue a copy of the JFS
07070 to the obligor.
(3)When OLC
notifies OCS of the pending sale of a prize award by a person to a private
entity, OCS shall notify each CSEA with administrative responsibility of the
support order. The CSEA may then initiate additional enforcement techniques in
accordance with division 5101:12 of the Administrative Code.
Five Year Review (FYR) Dates: 8/1/2022 and 08/01/2027
Certification: CERTIFIED ELECTRONICALLY
Date: 08/01/2022
Promulgated Under: 119.03
Statutory Authority: 3125.25
Rule Amplifies: 3123.89, 3770.071
Prior Effective Dates: 08/15/2007, 02/01/2016