(A)This rule and its
supplemental rules describe the procedures for the administrative review and adjustment
of child support orders. The child support enforcement agency
(CSEA) shall proceed in accordance with this rule and its supplemental rules when
a IV-D application as described in paragraph (A) of rule 5101:12-10-01.1 of the
Administrative Code or a IV-D referral as described in paragraph (B) of rule 5101:12-10-01.1
of the Administrative Code that has been completed and filed with the CSEA.
(B)The following terms
and definitions are applicable to this rule and its supplemental rules:
(1)"Adjustment"
means a change in the:
(a)Amount of a current
child support obligation;
(b)Amount of an ordered
payment on arrears;
(c)Amount of a current
cash medical support obligation; or
(d)Medical support
provision:
(i)To provide private
health insurance coverage for the child subject to the child support order that is reasonable in cost, or to report available health insurance
coverage; or
(ii)To provide cash
medical support when private health insurance coverage is
not available to either party to the child support order or is not being provided
by the health insurance obligor(s) in accordance with the order; or
(iii)For the shared
responsibility of uncovered health care expenses.
(2)"Date certain"
means the date on which the administrative review of the child support order is
initially scheduled to be conducted.
(3)"Date of the
most recent support order" means the effective date of the last child support
order, which was issued as a result of a calculation using the Ohio child support
guidelines, including a no-change order.
(4)"Evidence"
may include but is not limited to: a written statement, letter, or affidavit by
the requesting party or a person with personal knowledge of the circumstances; a
letter or other documentation from the requesting party's current or past employer,
pay stubs, other employment records; written communication from the state or county
department of job and family services documenting the receipt of or approval of
eligibility for public assistance or unemployment compensation benefits; or any
other relevant documentdocumentation.
(5)"Guidelines"
refers to the Ohio child support guidelines as set forth
in Chapter 3119. of the Revised Code.:
(a)As set forth in Chapter 3119. of the Revised
Code, prior to March 28; 2019; or
(b)As set forth in accordance with rule 5101:12-1-17
of the Administrative Code, on or after March 28, 2019.
(6)"Non-requesting
party" means the person who did not submit the JFS 01849, "Request for
Administrative Review of the Support Order" (effective or revised effective
date as identified in rule 5101:12-60-99 of the Administrative Code), or, in an
administrative review initiated by the child support enforcement
agency (CSEA), the obligor.
(7)"Parent" means a mother or father
of the child of the support order.
(7)(8) "Party" or "parties" means
the obligee, which may be a caretaker or any party with legal custody of the child,
and/or the obligor(s) to a child support order.
When a party has a legal guardian or an authorized representative,
the legal guardian or an authorized representative may submit documentation on behalf
of the party.
(8)(9) "Review" means an objective evaluation
of information necessary to determine:
(a)Child support and
cash medical support obligations based on the application of the guidelines; and
(b)Medical support
provisions identified in paragraph (B)(1)(d) of this rule.
(C)The CSEA shall
use the guidelines as a rebuttable presumption in the administrative
review and adjustment of a child support order. The CSEA shall not deviate from
the use of the guidelines in calculating and recommending a revised amount.:
(1)As set forth in Chapter 3119. of the Revised
Code for administrative reviews initially scheduled to be reviewed prior to March
28, 2019; or
(2)As set forth in accordance with rules 5101:12-1-17
and 5101:12-45-10 of the Administrative Code for administrative reviews initially
scheduled to be reviewed on or after March 28, 2019; and
(3)As a rebuttable presumption in the administrative
review and adjustment of a child support order. The CSEA shall not deviate from
the use of the guidelines in calculating and recommending a revised amount.
(D)When an administrative
review indicates that an adjustment is appropriate, the CSEA shall recommend the
adjustment of the child support order. An adjustment is only
appropriate when:
An adjustment is appropriate when:
(1)The recommended
amount of a child support obligation or a cash medical support obligation is more
than ten per cent different than the existing obligation; or
(2)There is a change
in at least one of thea
medical support provisionsprovision
identified in paragraph (B)(1)(d)(B)(1)(d)(i) or (B)(1)(d)(ii) of this rule. A change in the medical support provision identified in paragraph
(B)(1)(d)(iii) of this rule alone does not warrant an adjustment.
(E)The CSEA shall
only administratively review and adjust the child support obligation, the cash medical
support obligation, the payment on arrears, and the medical support provisions identified
in paragraph (B)(1)(d) of this rule that may be contained in a child support order. The CSEA shall not review or adjust other provisions of the order
such as tax exemptions, the allocation of the parental rights and responsibilities
for the care of the child, or spousal support.
The CSEA shall not review or adjust other
provisions of the order such as tax exemptions, the allocation of the parental rights
and responsibilities for the care of the child, or spousal support.
(F)The CSEA shall not conduct an administrative
review and adjustment on the payment on an arrears only case.
(F)(G) In providing support enforcement program services,
including an administrative review and adjustment, the CSEA and its contracted agents
(e.g., prosecutors, attorneys, administrative officers) represent the best interests
of the state of Ohio and not the recipient of services or the recipient's personal
interest, when that interest is contrary to the interest of the state of Ohio.
(G)(H) Every thirty-six months after the date of the most
recent child support order, the Ohio department of job and family services, office
of child support will issue a JFS 07049, "Notice of Right to Request Review
of Child and Medical Support Order" (effective or revised effective date as
identified in rule 5101:12-60-99 of the Administrative Code), to notify each party
of the right to request an administrative review. The JFS 07049 provides the parties
with the procedures for requesting an administrative review and the appropriate
place and manner in which the request should be made.
Effective: 2/14/2019
Five Year Review (FYR) Dates: 11/27/2018 and 02/14/2024
Certification: CERTIFIED ELECTRONICALLY
Date: 02/04/2019
Promulgated Under: 119.03
Statutory Authority: 3125.25
Rule Amplifies: 3119.60, 3125.03, 3119.63, 3119.61
Prior Effective Dates: 01/01/1987 (Emer.), 03/20/1987, 12/01/1987,
12/31/1990 (Emer.), 02/21/1991, 03/18/1991, 07/15/1992, 09/01/1993, 12/31/1993,
06/01/1994, 01/01/1995, 06/21/1996, 07/22/1996, 01/01/1998, 12/01/2001, 09/01/2005,
03/01/2009, 11/01/2015