(A)This rule
describes the requirements that an initiating child support enforcement agency
(CSEA) shall follow when processing an intergovernmental case.
(B)In addition to
the general responsibilities described in rule 5101:12-70-05.1 of the
Administrative Code, the initiating CSEA has the following responsibilities:
(1)Determine
whether a child support order(s) exists in a case using the federal and state
case registries, state records, information provided by the recipient of
services, and other relevant information available to the CSEA;
(2)Determine in
which state a determination of the controlling order and reconciliation of
arrearages may be made where multiple orders exist;
(3)Determine
whether the obligor is in another jurisdiction and whether it is appropriate to
use long arm jurisdiction to establish paternity and establish, modify, and
enforce a support order, including medical support and income withholding;
(4)Within twenty
days of completing the actions required in paragraphs (B)(1) to (B)(3) of this
rule and receiving any necessary information needed to process the case refer
the case to the appropriate state central registry, tribal IV-D program, or
central authority of a county for action, if one-state remedies are not
appropriate.
(5)Provide the
responding agency sufficient and accurate information to act on the case by
submitting with each Uniform Interstate Family Support Act (UIFSA)(2008)
petition any necessary documentation and intergovernmental forms required by
the responding agency;
(6)Within thirty
days of receipt of the request for information, provide the responding agency
with an updated intergovernmental form and any necessary additional
documentation, or notify the responding agency when the information will be
provided;
(7)Notify the
responding agency at least annually, and upon request in an individual case, of
interest charges, if any, owed on overdue support under an initiating state's
order being enforced in the responding jurisdiction;
(8)Submit all
past-due support owed in IV-D cases that meet the certification requirements
for federal tax offset;
(9)Send a request
for review and adjustment of a child support order to another jurisdiction
within twenty days of determining that a request for review and adjustment
should be sent to the other state, including any needed information from the
requestor;
(10) Distribute and
disburse any support collections received;
(11) Notify the
responding agency within ten business days of case closure pursuant to rule
5101:12-10-70 of the Administrative Code and the reason(s) for such action;
(12) Instruct the
responding agency to close its intergovernmental case and to stop any
withholding notice the responding agency has sent to a payor before the CSEA
sends a withholding notice, unless the two jurisdictions reach an alternative
agreement on how to proceed; and
(13) When the CSEA
has closed its case and has not notified the responding agency to close its
corresponding case, the CSEA shall make a diligent effort to locate the
obligee, including use of the federal parent locator service and the state
parent locator service, and accept, distribute and disburse any payment
received from a responding agency.
(C)Notification
requirements for the initiating CSEA include:
(1)Send a copy of
a notice received from a court to an obligee within two business days of
receiving it from the court;
(2)Send a copy of
a written communication from the obligor or the obligor's attorney to the
obligee within two business days of receiving it from the court;
(3)Notify the
obligee within ten business days if jurisdiction over the obligor cannot be
obtained;
(4)Furnish a
certified statement by the custodian of the record of the amounts and dates of
all payments received to a requesting party or child support agency of another
state. The CSEA may use a stamp on the record to indicate that it is a true and
accurate statement of arrears.
Five Year Review (FYR) Dates: 9/22/2021 and 09/22/2026
Certification: CERTIFIED ELECTRONICALLY
Date: 09/22/2021
Promulgated Under: 119.03
Statutory Authority: 3125.25
Rule Amplifies: 3115.304, 3115.305, 3115.307
Prior Effective Dates: 08/22/1988 (Emer.), 11/11/1988,
01/01/1998, 03/01/2003, 09/01/2005, 01/01/2006, 08/01/2008, 11/01/2011,
07/01/2016