(A)On the date
the administrative review is conducted, the child support enforcement agency
(CSEA) shallwill
calculate the appropriate amount of the support obligations to be paid under
the child support order in accordance with rule 5101:12-45-10 of the Administrative
Code for orders issued prior to March 28, 2019 or rules 5101:12-1-17 and
5101:12-45-10 of the Administrative Code for orders issued on or after March
28, 2019.
(1)When a
non-requesting parent's copy of the JFS 07606, "Administrative Review Notification"
(effective or revised effective date as identified in rule 5101:12-60-99 of the
Administrative Code), is returned to the CSEA as undeliverable (indicating that
the non-requesting parent failed to comply with the address reporting requirements
specified in the existing support order), the CSEA shallwill proceed with the guidelines calculation using
information provided by the other parent, and for the non-requesting parent,
imputed income based on reasonable assumptions.
(2)The requesting party may not dismiss the request for an
administrative review on or after the date certainThe CSEA will not dismiss the administrative review on or
after the date certain, unless a reason exists in paragraph (D)(3)(a) of this
rule.
(B)When a CSEA
conducts a review of a current order, the CSEA shallwill establish or adjust the ordered payment on arrears
in accordance with section 3123.21 of the Revised Code, except that when the
recommended current child support amount is zero dollars, the CSEA shallwill recommend an
ordered payment on arrears of:
(1)Fifty dollars
for orders issued prior to March 28, 2019; or
(2)Eighty dollars
for orders issued on or after March 28, 2019.
(C)Except as
stated in rule 5101:12-60-05.2 of the Administrative Code, when the CSEA recommends
an adjustment to the existing child support order, the effective date of the
adjustment shallwill
be the first day of the month following the date certain.
(D)Within five
days of the date the administrative review is conducted, the CSEA shallwill incorporate the
findings and recommendations in the JFS 07724, "Administrative Adjustment
Recommendation" (effective or revised effective date as identified in rule
5101:12-45-99 of the Administrative Code), and issue a copy of the JFS 07724 to
the parties to the child support order by ordinary mail as follows:
(1)When the most
recent child support order was filed on or before February 10, 2019, and a
non-requesting parent's copy of the JFS 07606 or a non-requesting caretaker's
copy of the JFS 00592, "Caretaker Notification of Administrative
Adjustment Review" (effective or revised effective date as identified in
rule 5101:12-60-99 of the Administrative Code) is returned to the CSEA as
undeliverable, the CSEA shallwill not mail the JFS 07724 to the parties. The CSEA shallwill continue with
location efforts as described in Chapter 5101:12-20 of the Administrative Code;
(a)Within five
days of the date certain, the CSEA shallwill issue the JFS 01866, "Administrative Review
Pending Notice" (effective or revised effective date as identified in rule
5101:12-60-99 of the Administrative Code), to the other party or parties; and
(b)Within three
business days of obtaining a valid address for the non-requesting party, the
CSEA shallwill
issue the JFS 07724 to the parties by ordinary mail.
(2)When the most
recent child support order was filed on or after February 11, 2019, the CSEA shallwill issue the JFS
07724 to the parties by ordinary mail.
(3)When the CSEA issues findings and
recommendations to redirect the child support order in accordance with rule
5101:12-60-60.1 of the Administrative Code, and the CSEA initiates an
administrative review in accordance with paragraph (B) of rule 5101:12-60-05.1
of the Administrative Code, the CSEA will not mail the JFS 07724 to the parties
if an objection to the CSEA's findings and recommendations to redirect the
child support order is filed and pending review by the court. The CSEA will
issue the JFS 01866 to the parties and await a final determination by the
court;
(a)When the court order denies the
redirection or changes the child support obligation amounts, the CSEA will
dismiss the administrative review and issue a notice of the dismissal to the
parties; or
(b)When the court order affirms the
redirection and does not change the child support obligation amounts, the CSEA
will issue the JFS 07724 to the parties within three business days after the
court issues the final order.
(E)When no party
timely objects to the JFS 07724, the CSEA shallwill, within five days:
(1)Submit the JFS
07724 to the court when the child support order is a judicialcourt child support order or
(2)Issue a JFS
07719, "Administrative Order for Child Support and Medical Support"
(effective or revised effective date as identified in rule 5101:12-45-99 of the
Administrative Code) to the parties when the child support order is an
administrative child support order. The CSEA shallwill incorporate the administrative recommendations in
the JFS 07719 and shallwill
issue the JFS 07719 regardless of whether or not the support obligations or
medical support provisions are to be adjusted.
(F)Any support
order issued as a result of an administrative review shallwill be subject to the withholding or other deduction
notices or orders described in section 3121.03 of the Revised Code.
Effective: 4/3/2024
Five Year Review (FYR) Dates: 1/10/2024 and 04/03/2029
Certification: CERTIFIED ELECTRONICALLY
Date: 03/18/2024
Promulgated Under: 119.03
Statutory Authority: 3125.25
Rule Amplifies: 3119.60, 3125.03, 3119.63, 3119.61
Prior Effective Dates: 01/01/1987 (Emer.), 03/20/1987,
12/01/1987, 12/31/1990 (Emer.), 02/21/1991, 03/18/1991, 07/15/1992, 09/01/1993,
12/31/1993, 01/01/1995, 06/21/1996, 07/22/1996, 01/01/1998, 12/01/2001, 09/01/2005,
03/01/2009, 02/14/2019