(A)This rule describes
the circumstances under which an obligor who is a member of the uniformed services
may request an administrative review and temporary adjustment of a child support
order when called to active military duty pursuant to section 3119.77 of the Revised
Code and how the child support enforcement agency (CSEA) shall proceed.
(B)The following definitions
are applicable to this rule:
(1)"Active military
service" means the performance of active military duty by a member of the uniformed
services for a period of more than thirty days.
(2)"Uniformed
services" means any reserve component of the armed forces of the United States
or the Ohio organized militia when engaged in full-time national guard duty for
a period of more than thirty days.
(C)An obligor in the
uniformed services who is called to active military duty may request an administrative
review of a child support order. The obligor mustshall complete and submit JFS 01849, "Request for an
Administrative Review of the Child Support Order," (effective or revised effective
date as identified in rule 5101:12-60-99 of the Administrative Code). The obligor
mustshall indicate on
the JFS 01849 that the obligor is a member of the uniformed services called to active
military service for a period of more than thirty days and provide with the JFS 01849 any orders or other appropriate documentation specifying the commencement
date of the active military service and the monthly monetary compensation for that
service.
(D)The CSEA shall
consider the obligor's call to active military service as a change of circumstances
substantial enough to require an administrative review of the child support order.
(E)The obligor may
designate another individual to act on behalf of the obligor in the administrative
review and adjustment process by providing the CSEA with a military power of attorney
executed pursuant to 10 U.S.C. 1044b (11/30/1993). The CSEA shall allow the individual
identified in the military power of attorney to act on the obligor's behalf during
the administrative review and provide the individual with all required administrative
review notices.
(F)In accordance with
section 3119.773 of the Revised Code, when an amount to be paid under a child support
order is adjusted as the result of a request made under this rule, the obligor shall
provide to the CSEA written notice of the date of termination of active military
service. The notice mustshall
be provided no later than the last day of the month in which the service ended.
When an obligor who received a temporary child support order adjustment pursuant
to this rule fails to notify the CSEA that the term of active military service ended
and the obligee or the CSEA has written documentation that the term of active military
service ended, the CSEA shall end the temporary adjustment order and reinstate the
prior amount of support as of the first day of the month following the date that
the active military service ended.
(G)In accordance with
section 3119.772 of the Revised Code, when a child support order is adjusted based
on an administrative review completed pursuant to this rule, the adjustment shall
relate back to the date the CSEA sent the notification of administrative review,
or the first day of the month in which the active military service begins, whichever
occurs later.
(H)A child support
order adjusted under this rule shall:
(1)Revert to the prior
amount of support as of the first day of the month following the date that the obligor's
active military service ends; and
(2)Include a statement
that the adjustment will end and the prior amount of support will be reinstated
as of the first day of the month following the date that the active military service
ends, except as otherwise provided in division (C) of section 3119.771 of the Revised
Code.
Effective: 2/11/2019
Five Year Review (FYR) Dates: 10/3/2018 and 02/11/2024
Certification: CERTIFIED ELECTRONICALLY
Date: 01/29/2019
Promulgated Under: 119.03
Statutory Authority: 3125.25
Rule Amplifies: 119.03
Prior Effective Dates: 09/01/2005, 03/01/2009, 11/01/2015