(A)The purpose of this
rule is to describe the provisions of assignment and distribution in a Title
IV-D/Title IV-E foster care maintenance (FCM) case.
(B)Upon the
effective date of the FCM assignment period:
(1)Current child
support is assigned to Ohio department of job and family
services (ODJFS).
(2)Never assigned
child support arrears sweep to permanently assigned child support arrears.
(C)The following
definitions are applicable to this rule:
(1)"FCM
non-waiver case" means a case in which distribution is completed using:
(a)The actual IV-E
grant amount, when the amount is available; or
(b)A predetermined
average IV-E grant amount, when the actual IV-E grant amount is not available.
(2)"FCM
waiver case" means a case in which distribution is not
completed becauseusing:
(a)During the FCM assignment period all child support is assigned
and retained by the state; andThe actual IV-E
grant amount, when the amount is available, based on their reimbursable
maintenance costs; or
(b)Upon the termination of the FCM assignment period:A predetermined average IV-E grant amount, when the actual
IV-E grant amount is not available.
(i)Any permanently assigned child support
arrears remain permanently assigned child support arrears; and
(ii)Assigned futures sweep to unassigned
futures.
(3)"Grant
amount" means the amount of Title IV-E funds the Title IV-E agency spends
on an FCM-eligible child in a calendar month.
(a)"Actual
IV-E grant amount" means the actual amount of funds spent on a child in a
calendar month.
(b)"Average
IV-E grant amount" means a predetermined average amount of funds spent on
a child in a calendar month.
(D)Distribution in
anboth FCM
non-waiver case and waiver
cases.
In a current assistance case, support collections shall be
distributed as follows:
(1)Current
obligation.
(a)The amount
collected for and applied to the current obligation that is less than or equal
to the current month's grant amount shall be retained and used to reimburse the
current month's grant.
(b)Following
reimbursement, the balance of the current month's grant shall be added to the
unreimbursed assistance (URA) amount. The amount collected that is greater than
the current month's grant amount shall be owed to the Title IV-E agency.
(2)Arrears.
(a)The amount
collected for and applied to arrears that is less than or equal to the URA
amount shall be retained and used to reimburse the URA.
(b)The amount
collected for and applied to arrears that is greater than the URA amount shall
be owed to the Title IV-E agency.
(3)Futures.
The amount collected for and applied to assigned futures shall
be held and applied to the current obligation(s) in the following month(s).
(4)Upon the
termination of the FCM assignment period:
(a)Any amount of
permanently assigned child support arrears that are greater than the URA amount
shall sweep to never assigned child support arrears; and
(b)Assigned
futures shall sweep to unassigned futures.
Effective: 6/1/2021
Five Year Review (FYR) Dates: 1/28/2021 and 06/01/2026
Certification: CERTIFIED ELECTRONICALLY
Date: 04/09/2021
Promulgated Under: 119.03
Statutory Authority: 3125.25, 5107.05
Rule Amplifies: 3121.43, 3123.19, 5107.20
Prior Effective Dates: 08/01/1975, 05/21/1979, 08/01/1982,
12/01/1986, 12/01/1987, 08/01/1990, 06/01/1993, 03/09/2001, 09/20/2001,
06/15/2006, 10/01/2009