(A)The following definitions apply to the
rules contained in division 5101:12 of the Administrative Code:
(1)"Case" refers to a matter
involving the individual who is or may become obligated by a support order and
the beneficiary of that support order.
(a)"IV-D case" means a case that
has been approved for IV-D services by a child support enforcement agency
(CSEA) in accordance with rule 5101:12-10-01.1 of the Administrative Code.
(b)"Non-IV-D case" means a case
that has not been approved for IV-D services or a case for which IV-D services
have been terminated.
(2)"Issued," when used in
reference to notices, decisions, and other documents, means the date listed on
the document unless it is otherwise indicated in the case record that the
document was sent by U.S. mail or hand-delivered on a date later than the date
stated on the document.
(3)"IV-D services" means
services provided pursuant to title IV-D of the "Social Security
Act," 88 Stat. 2351 (1975), 42 U.S.C. 651 (8/22/1996). IV-D services
include:
(a)All support enforcement program
services;
(b)Federal income tax refund offset
submittals for the collection of support arrears;
(c)Withholding of unemployment
compensation for the payment of support;
(d)Requests to the internal revenue
service for the disclosure of taxpayer information for use in establishing and
collecting support obligations;
(e)Requests to the U.S. department of
treasury for the administrative offset of certain federal payments other than
federal income tax refund offset for the collection of delinquent support; and
(f)Requests for certification to the U.S.
district court when another state has failed to act on an Ohio support order.
(4)"Support enforcement program
services" include:
(a)Location services as described in
Chapter 5101:12-20 of the Administrative Code;
(b)Establishment of parentage as described
in Chapters 5101:12-40 and 5101:12-70 of the Administrative Code;
(c)Establishment and modification of
child support orders and medical support orders as described in Chapters
5101:12-45, 5101:12-60, and 5101:12-70 of the Administrative Code;
(d)Enforcement of support orders as
described in Chapters 5101:12-50 and 5101:12-70 of the Administrative Code;
(e)Collection of support obligations as
described in Chapter 5101:12-80 of the Administrative Code; and
(f)Any other actions appropriate to child
support enforcement.
(5)"Support order" means:
(a)Pursuant to 42 U.S.C. 653(p)
(9/29/2014), and as used in Title IV-D of the Social Security Act, a judgment,
decree, or order, whether temporary, final, or subject to modification, issued
by a court or an administrative agency of competent jurisdiction, for the
support and maintenance of a child, including a child who has attained the age
of majority under the law of the issuing state, or of the parent with whom the
child is living, that provides for monetary support, health care, arrearages,
or reimbursement, and that may include related costs and fees, interest and
penalties, income withholding, attorneys' fees, and other relief; and
(b)In accordance with division (B)(5) of
section 3119.01 of the Revised Code and as used in Chapters 3119., 3121.,
3123., and 3125. of the Revised Code, either an administrative child support
order or a court support order.
(i)Pursuant to division (B)(1) of
section 3119.01 of the Revised Code, "administrative child support
order" means any order issued by a child support enforcement agency for
the support of a child pursuant to section 3109.19 or 3111.81 of the Revised
Code or former section 3111.211 of the Revised Code, section 3111.21 of the
Revised Code as that section existed prior to January 1, 1998, or section
3111.20 or 3111.22 of the Revised Code as those sections existed prior to March
22, 2001.
(ii)In accordance with division (C)(3) of
section 3119.01 of the Revised Code, "court support order" means
either a court child support order or an order for the support of a spouse or
former spouse issued pursuant to Chapter 3115. of the Revised Code, section
3105.18, 3105.65, or 3113.31 of the Revised Code, or division (B) of former
section 3113.21 of the Revised Code.
(B)The time within which an act is
required by law to be done shall be computed by excluding the first and
including the last day; except that, when the last day falls on Sunday or a
legal holiday, the act may be done on the next succeeding day that is not
Sunday or a legal holiday. When a public office in which an act, required by
law, is to be performed is closed to the public for the entire day that
constitutes the last day for doing the act or before its usual closing time on
that day, the act may be performed on the next succeeding day that is not a
Sunday or a legal holiday as defined in section 1.14 of the Revised Code.
Replaces: 5101:12-1-10
Effective: 2/11/2019
Five Year Review (FYR) Dates: 02/11/2024
Certification: CERTIFIED ELECTRONICALLY
Date: 01/29/2019
Promulgated Under: 119.03
Statutory Authority: 3125.25
Rule Amplifies: 3105.21, 3109.05, 3111.13, 3113.04, 3113.07,
3119.65, 3119.70
Prior Effective Dates: 08/01/1982, 11/11/1982, 07/01/1983,
01/01/1984, 12/01/1987, 07/15/1988, 06/02/1989, 09/01/1989, 10/01/1990,
04/01/1992, 07/01/1996, 02/22/2002, 07/01/2002, 06/15/2006, 03/01/2012