(A)This rule and
its supplemental rules describe the process for a reduction of permanently
assigned arrears as a result of an obligor satisfying all the terms and
conditions of a waiver, installment plan compromise, lump sum compromise or a
family support program.
(B)Procedures
submitted by a child support enforcement agency (CSEA) for a waiver and
compromise program and approved by the office of child support (OCS) prior to
the effective date of this rule and its supplemental rules remain valid except
to the extent that any provision of the CSEA procedure is inconsistent with the
requirements contained in this rule and its supplemental rules.
(C)The following
definitions apply to this rule and its supplemental rules:
(1)"Conditionally
assigned arrears" has the same meaning as in rule 5101:12-80-10 of the
Administrative Code.
(2)"Current
obligation" has the same meaning as in rule 5101:12-80-10 of the
Administrative Code.
(3)"Family
support program" means a community-based program, approved or administered
by the CSEA, in which an obligor may participate to promote financial and/or
family stability.
(4)"Family
support program agreement" means a written agreement between an obligor
and a CSEA in which the obligor participates in a family support program in exchange
for the CSEA reducing permanently assigned arrears by an amount certain.
(5)"Installment
plan compromise" means a written agreement between an obligor and a CSEA
to reduce permanently assigned arrears by an amount certain in exchange for the
obligor to pay a monthly support amount for a specific time period. In exchange
for the obligor's compliance, the CSEA reduces permanently assigned arrears by
specific amounts at specific time periods.
(6)"Lifetime
maximum amount" means the total amount the CSEA is authorized to approve
locally to be reduced from permanently assigned arrears on a support
enforcement tracking system (SETS) case.
(7)"Lump sum
compromise" means a written agreement between an obligor and a CSEA to
reduce permanently assigned arrears by an amount certain in exchange for a lump
sum payment of a specified amount. In exchange for the obligor's compliance,
the CSEA reduces permanently assigned arrears by a specified amount.
(8)"Permanently
assigned arrears" means:
(a)Child support,
spousal support, past care, or medical support arrears that are permanently
assigned to the Ohio department of job and family services (ODJFS) or the Ohio
department of medicaid (ODM) pursuant to an Ohio works first (OWF) assignment
or permanently assigned to ODJFS, ODM or another state pursuant to an aid to
families with dependent children, temporary assistance for needy families,
medicaid, or Title IV-E foster care maintenance assignment.
(b)Reimbursement
owed to ODJFS or ODM for medical expenses or genetic testing cost.
(9)"Unreimbursed
assistance" has the same meaning as in rule 5101:12-80-09 of the
Administrative Code.
(10)"Waiver"
means a written agreement between an obligor and a CSEA to reduce permanently
assigned arrears to an amount certain, including when the amount certain is
zero dollars, without requiring a payment in exchange by the obligor.
Five Year Review (FYR) Dates: 1/11/2022 and 01/11/2027
Certification: CERTIFIED ELECTRONICALLY
Date: 01/11/2022
Promulgated Under: 119.03
Statutory Authority: 3125.25
Rule Amplifies: 3125.03, 3125.24, 3125.25
Prior Effective Dates: 10/01/2010, 01/01/2017