Ohio Administrative Code
Title 5101:12 - Child Support
Chapter 5101:12-1 - Support enforcement
Section 5101:12-1-10 - Definitions
Universal Citation: OH Admin Code 5101:12-1-10
Current through all regulations passed and filed through September 16, 2024
(A) The following definitions apply to the rules contained in division 5101:12 of the Administrative Code:
(1) "Case"
means a matter involving
an
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
with a parent or alleged
parent who is now or eventually may be obligated under a support order for the
support of a child or children receiving IV-D services, based on a IV-D
application or referral that has been approved by a child support enforcement
agency (CSEA).
(i)
When both parents are obligated under a support order
or eventually may become obligated under a support order for support of a child
or children in the care or custody of a person other than a parent who is
receiving IV-D services, each parent is considered a separate IV-D case;
and
(ii)
A IV-D case may consist of multiple case numbers within
the support enforcement tracking system (SETS); and
(iii)
A IV-D case may
include a case with provisions for both child support and spousal support in
the same support order.
(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
application" means the JFS 07076 "Application for Child Support Services
Non-Public Assistance Applicant/Recipient" (effective or revised effective date
as identified in rule
5101:12-10-99 of the
Administrative Code).
(4)
"IV-D referral" means a request for services
from:
(a)
A
county department of job and family services (CDJFS) as a result of an
application for medicaid benefits when there is an existing support order for
the child or as a result of an application for Ohio works first
(OWF);
(b)
A Title IV-E agency that resulted from a determination
of eligibility for foster care maintenance (FCM) benefits; or
(c)
The Ohio
interstate central registry as a result of the receipt of a Uniform Interstate
Family Support Act interstate petition in accordance with
42 U.S.C.
666(f) (12/14/1999) for a
IV-D case.
(5) "IV-D services"
means services provided to
a IV-D case under 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)
Case intake of a
IV-D application or referral;
(b)
Location of persons for purposes of providing IV-D
services;
(c)
Establishment of
parentage;
(d)
Establishment of child
support and medical support orders;
(e)
Enforcement of
child support and medical support orders, including:
(i)
Federal income
tax refund offset and passport denial submittal for the collection of support
arrears;
(ii)
Withholding of unemployment compensation for the
payment of support; and
(iii)
Requests to the internal revenue service for the
disclosure of taxpayer information for use in establishing and collecting
support obligations.
(f)
Modification or
termination of child support and medical support orders;
(g)
Collection and
disbursement of support payments; and
(h)
Any other actions
appropriate to child support enforcement.
(6)
"Non-IV-D
Services" means:
(a)
Any services provided to a non-IV-D case;
or
(b)
Services provided to a IV-D case that are not eligible
for federal financial participation (FFP).
(7)
"Recipient of
IV-D services" means:
(a)
The person who signed an approved IV-D application with
a CSEA; or
(b)
The person for whom the CSEA received and approved a
IV-D referral.
(8) "Support
enforcement program services"
means IV-D and non-IV-D services authorized by law to
be provided by a CSEA.
(9) "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)
"Administrative child support order"
has the same meaning as in section
3119.01 of the Revised
Code.
(ii)
"Court support order" has the
same meaning as in section
3119.01 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.
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