Current through all regulations passed and filed through September 16, 2024
(A) This rule describes when support is
assigned to the Ohio department of job and family services (ODJFS) due to the
receipt of Ohio works first (OWF), medical assistance, or Title IV-E foster
care maintenance (FCM) benefits.
(B) The following definition applies to rules
in division 5101:12 of the Administrative Code:
"Assigns" means the transfer of rights or property from a
person to ODJFS.
(C) The
following definitions are specific to this rule:
(1)
"Assistance
group" means, in accordance with section
5107.02 of the Revised Code, a
group of individuals treated as a unit for purposes of determining eligibility
for and the amount of assistance provided under Ohio works
first.
(2) "Authorized representative" means, in accordance
with rule
5101:1-2-01
of the Administrative Code, an individual who is age eighteen or older who
stands in the place of and acts on behalf of the members of an OWF assistance
group.
(3) "Medical assistance" includes, in accordance with
section
5160.35
of the Revised
Code, medicaid
and the children's health insurance program.
(4) "Medical support" means support specified as
support for the purpose of medical care by order of a court or administrative
agency, which includes:
(a) Current cash
medical support;
(b) Current
medical support obligations;
(c)
Cash medical support arrears that accrued while the person received medical
assistance; and
(d) Medical support
arrears that accrued while the person received medical assistance.
(5) "Minor child" means, in accordance with section
5107.02 of the Revised Code:
(a) An individual who has not attained the
age of eighteen; or
(b) An
individual who has not attained the age of nineteen and is a full-time student
in a secondary school or in the equivalent level of vocational or technical
training.
(6) "Obligee" means the person who is or may be
entitled to receive support under the terms of a support order.
(7)
"Obligor" means the person who is or may be required to pay support under the
terms of a support order.
(8) "Person" means a
parent, caretaker, authorized representative, or entity.
(D) Assignment of support in an OWF case.
(1) In accordance with section
5107.20 of the Revised Code, an
OWF applicant assigns the right to support of any obligee who participates in
OWF as a result of that application for OWF benefits.
(2) When a person applies for OWF benefits
for a minor child who resides with that person or is temporarily absent from
the home of that person, as defined in rule
5101:1-3-04
of the Administrative Code, and:
(a) Both the
minor child and the person receive OWF benefits, then:
(i) Any child support for which that person
is the obligee and the minor child is the subject of the support order is
assigned.
(ii) Any spousal support
for which that person is the obligee is assigned.
(iii) Any child support for which the minor
child is the obligee and the minor child's child, who is receiving OWF
benefits, is the subject of the support order is assigned.
(iv) Any spousal support for which the minor
child is the obligee is assigned.
(b) Only the minor child receives OWF
benefits, then:
(i) Any child support for
which that person is the obligee and the minor child is the subject of the
support order is assigned.
(ii) Any
spousal support for which the person is the obligee is not assigned to
ODJFS.
(iii) Any child support for
which the minor child is the obligee and the minor child's child is the subject
of the support order is assigned.
(iv) Any spousal support for which the minor
child is the obligee is assigned.
(c) Only the person receives OWF benefits,
then:
(i) Any child support for which that
person is the obligee and the minor child is the subject of the support order
is not assigned to ODJFS.
(ii) Any
spousal support for which that person is the obligee is assigned.
(d) A parent of the person
receives OWF benefits as a result of the person's application for OWF benefits,
then:
(i) Any child support for which that
parent of the person is the obligee and the person is the subject of the
support order is assigned.
(ii) Any
spousal support for which that parent of the person is the obligee is
assigned.
(E) Assignment of medical support in a
medical assistance case.
In accordance with section
5160.38
of the Revised
Code, a medical assistance applicant assigns medical support upon application
for or acceptance of medical assistance benefits.
(1) If a person does not receive medical
assistance benefits for himself or herself but a child who resides with that
person receives medical assistance benefits, then the medical support for which
that person is the obligee and that child is the subject of the medical support
order is assigned.
(2) If a person
receives medical assistance benefits for himself or herself and a child who
resides with that person receives medical assistance benefits, then the medical
support for which that person is the obligee and the obligee or the child is
the subject of the medical support order is assigned.
(3) If a person receives medical assistance
benefits for himself or herself but a child who resides with that person does
not receive medical assistance benefits, then the medical support for which
that person is the obligee and that person is the subject of the medical
support order is assigned to ODJFS.
(4) If a person receives medical assistance
benefits for himself or herself but a child who resides with that person does
not receive medical assistance benefits, then the medical support for which
that person is the obligee and the child is the subject of the medical support
order is not assigned to ODJFS.
(F) Assignment of support in an FCM case.
The Title IV-E agency assigns any child support for which the
Title IV-E agency is the obligee and a child who is eligible to receive FCM
benefits is the subject of the support order.
(G) The rules and policies of the OWF,
medical assistance, and IV-E programs describe the effective date of the
assignment of support.
Five Year Review (FYR) Dates:
11/30/2018 and
11/30/2023
Promulgated
Under: 119.03
Statutory
Authority: 3125.25
Rule
Amplifies: 5160.35,
5160.38,
5107.20
Prior
Effective Dates: 08/01/1982, 05/01/1987, 12/01/1987, 07/15/1988, 04/01/1989,
08/01/1990, 04/11/1991 (Emer.), 07/01/1991, 07/01/1996, 10/01/1997 (Emer.),
12/30/1997, 02/01/2005, 12/01/2008,
01/15/2014
