(A)In accordance with
section 3123.28 of the Revised Code, when the child support enforcement agency (CSEA)
proposes to intercept an obligor's funds in an account for purposes of the financial
institution data match (FIDM) program, and after the CSEA issues a JFS 04050, "Financial
Institution Account Access Restriction" (effective or revised effective date
as identified in rule 5101:12-55-99 of the Administrative Code), in accordance with
rule 5101:12-55-10.1 of the Administrative Code, the CSEA shall issue:
(1)The JFS 04055,
"Financial Institution Account Withdrawal Directive" (effective or revised
effective date as identified in rule 5101:12-55-99 of the Administrative Code), and as an attachment, the JFS 04018, "Notice of Right to
Garnish Federal Benefits" (effective or revised effective date as identified
in rule 5101:12-55-99 of the Administrative Code) by first class mail to
the financial institution in which the obligor's account is maintained; and
(2)A copy of the JFS
04055 by first class mail to the obligor.
(B)In accordance with
sections 3123.36 and 3123.37 of the Revised Code, when the court determines that
any of the funds in an account are not the property of the joint account owner,
the court is required to issue a withdrawal directive to the financial institution.
(C)The CSEA shall return to the obligor any
funds deducted from the account that are later identified as funds from a protected
benefit source, within two business days of the CSEAs determination. The CSEA shall
issue a refund from the administrative fund described in rule 5101:9-6-83 of the
Administrative Code, including any bank fees charged to the obligor when the withdrawal
resulted in the account having insufficient funds.
Effective: 2/11/2019
Five Year Review (FYR) Dates: 2/1/2021
Certification: CERTIFIED ELECTRONICALLY
Date: 01/29/2019
Promulgated Under: 119.03
Statutory Authority: 3125.25
Rule Amplifies: 3123.28, 3123.37, 3123.36, 3123.32
Prior Effective Dates: 08/17/1999, 10/01/2001, 10/02/2006, 12/01/2011,
02/01/2016