Current through all regulations passed and filed through September 16, 2024
(A) Revenues resulting from Title IV-D case
activity shall be considered IV-D program income and shall not be used as any
portion of the nonfederal share of program funding. Revenues resulting from
Title IV-D case activity are deducted from expenditures presented for federal
reimbursement. IV-D program income revenue shall be used for the operation of
the IV-D child support program.
(B)
Only revenues resulting from Title IV-D case activity shall be considered IV-D
program income. Revenues resulting from non-IV-D case activity may be used at
the discretion of the child support enforcement agency (CSEA) or the Ohio
department of job and family services (ODJFS), including being used to provide
the nonfederal share of funds for the child support program.
(C) The CSEA must report as revenue on the
JFS 02750, "Child Support Enforcement Agency Quarterly Financial
Certification" (effective or revised effective date as
identified in rule
5101:12-1-99
of the Administrative Code) all program income described in this rule that is
allocated to the CSEA and income the CSEA collects and retains. The CSEA must
complete the JFS 02750 as described in rule
5101:9-7-29
of the Administrative Code.
(D)
Paragraphs (D)(1) to (D)(8) of this rule identify the various forms of program
income.
(1) The processing charge collected
on Title IV-D cases shall be considered IV-D program income to the
CSEA.
(2) Any amount earned through
investment of IV-D collections, such as interest earned from collections made
on behalf of child support obligees, shall be considered IV-D program income.
If a CSEA or ODJFS pays service fees on an income-producing account, only the
net amount (investment income less service fees) shall be reported. The CSEA or
ODJFS shall maintain a record of investment revenue and service fees relative
to the depository account. There is no net investment income to report nor
transfer if the service fees exceed investment income.
(3) Recovered IV-D allowable payments such as
IV-D allowable clerk of court fees, court costs, and genetic testing fees for
paternity determination made by the CSEA shall be considered IV-D program
income. If any of these items are returned to ODJFS, it is program income to
ODJFS. If any is retained at the CSEA, it becomes program income to the CSEA
through the administrative fund.
(4) When the CSEA does not absorb the IV-D
application fee, the fee shall be considered IV-D program income to the
CSEA.
(5) The CSEA may charge
miscellaneous fees, such as photocopy charges, provided the fee charged is
sufficient to cover costs yet nominal enough not to discourage the right of
access to information in the files. The fees charged for services on IV-D cases
shall be considered IV-D program income to the CSEA through the administrative
fund.
(6) Unclaimed funds.
(a) A IV-D payment that becomes unclaimed
pursuant to rule
5101:12-80-25 of
the Administrative Code shall be reported as program income. At such time that
the payment is claimed by its owner, unclaimed funds collected by the owner
shall be reported as a reduction to program income.
(b) A IV-D payment that loses unclaimed
status pursuant to former rule 5101:1-29-71.2 of the Administrative Code shall
be reported as program income.
(7) Interest paid pursuant to section
3123.17
of the Revised Code on assigned arrears shall be considered IV-D program income
to ODJFS.
(8) Any fine imposed in a
IV-D case that the CSEA or ODJFS has retained shall be considered IV-D program
income.
Effective: 12/15/2021
Five Year
Review (FYR) Dates: 10/15/2023
Promulgated Under:
119.03
Statutory Authority:
3125.25
Rule Amplifies:
3119.27,
3121.59,
3123.17,
3125.37
Prior Effective Dates: 01/01/1991, 04/01/1992, 01/01/1993,
06/01/1996, 10/30/1997, 01/01/1998, 04/24/2000 (Emer.), 07/10/2000, 10/15/2001,
01/01/2005, 05/15/2008, 07/15/2013,
10/15/2018
