(A)This rule
describes the requirements for withholding from unemployment compensation
benefits received by an obligor.
(B)A child
support enforcement agency (CSEA) with administrative responsibility for the
IV-D case shall send a JFS 04047, "Income Withholding for Support"
(effective or revised effective date as identified in rule 5101:12-10-99 of the
Administrative Code), to the Ohio department of job and family services (ODJFS), office of unemployment compensation (UC)insurance
operations (OUIO) when:
(1)In accordance
with section 3121.07 of the Revised Code, the CSEA completes the required
investigation and determines that the obligor is receiving unemployment
compensation benefits; or
(2)In accordance
with section 4141.284 of the Revised Code, the CSEA is notified by the director
of the department of job and family services (ODJFS) that an individual who owes support is receiving
unemployment compensation benefits.
(C)The following
conditions apply to the withholding of unemployment compensation benefits as
described in this rule:
(1)The CSEA with
administrative responsibility for the case may only send a JFS 04047 to UC OUIO if the case is an
open, active IV-D case;
(2)The CSEA may
not impose the processing charge pursuant to section 3119.27 of the Revised
Code with respect to any amounts withheld or deducted from unemployment
compensation benefits pursuant to this rule; and
(3)In accordance
with division (B)(2) of section 3121.07 of the Revised Code, the amount of
unemployment compensation benefits that may be withheld with respect to a week
of unemployment benefits shall not exceed fifty per cent of the individual's weekly
benefit amount as determined by the director of ODJFS.
(D)The CSEA shall
send a JFS 04043, "Notice to Payor/Office of Unemployment
Compensation/Financial Institution to Terminate the Withholding offrom Obligor/Obligor's Income/Assets"
(effective or revised effective date as identified in rule 5101:12-50-99 of the
Administrative Code), to UC OUIO whenever a support order is terminated as
described in rule 5101:12-60-50 of the Administrative Code or in any other case
when termination of withholding is appropriate. Upon receipt of the JFS 04043, UC OUIO shall immediately
terminate the withholding of unemployment compensation benefits.
Effective: 10/15/2018
Five Year Review (FYR) Dates: 7/31/2018 and 10/15/2023
Certification: CERTIFIED ELECTRONICALLY
Date: 10/05/2018
Promulgated Under: 119.03
Statutory Authority: 3125.25
Rule Amplifies: 3121.07, 4141.284
Prior Effective Dates: 06/01/1991, 12/21/1992, 10/01/1994,
07/01/1996, 01/01/1998, 04/18/2003, 01/01/2006, 12/01/2006, 03/01/2013,
02/01/2016