Current through all regulations passed and filed through September 16, 2024
(A) This rule and its supplemental rules
describe the requirements for a child support enforcement agency (CSEA) to
implement income withholding or income deduction.
(B) The following definitions apply to this
rule and other rules in Chapters 5101:12-50 and 5101:12-55 of the
Administrative Code:
(1) "Income" means,
pursuant to section 3121.01 of the Revised Code, any
form of monetary payment, including personal earnings; workers' compensation
payments; unemployment compensation benefits to the extent permitted by, and in
accordance with, sections
3121.07 and
4141.284 of the Revised Code,
and federal law governing the Ohio department of job and family services;
pensions; annuities; allowances; private or governmental retirement benefits;
disability or sick pay; insurance proceeds; lottery prize awards; federal,
state, or local government benefits to the extent that the benefits can be
withheld or deducted under the law governing the benefits; any form of trust
fund or endowment; lump sum payments, including a one-time pay supplement of
one hundred fifty dollars or more paid under section
124.183 of the Revised Code; and
any other payment in money.
(2)
"Financial institution" means a bank, savings and loan association, or credit
union, or a regulated investment company or mutual fund.
(3) "Payor" means, pursuant to section
3121.01 of the Revised Code, any
person or entity that pays or distributes income to an obligor, including an
obligor if the obligor is self-employed; an employer; an employer paying an
obligor's workers' compensation benefits; the public employees retirement
board; the governing entity of a municipal retirement system; the board of
trustees of the Ohio police and fire pension fund; the state teachers
retirement board; the school employees retirement board; the state highway
patrol retirement board; a provider, as defined in section
3305.01 of the Revised Code; the
bureau of workers' compensation; or any other person or entity other than the
Ohio department of job and family services with respect to unemployment
compensation benefits paid pursuant to Chapter 4141. of the Revised
Code.
(4) "Personal earnings" means
compensation paid or payable for personal services, however denominated, and
includes wages, salary, commissions, bonuses, draws against commissions, profit
sharing, vacation pay, or any other compensation.
(5) "Protected benefit" means the certain
federal benefit payments which are exempt from garnishment from a financial
institution account. This includes:
(a) Social
security administration benefit payments protected under
42 U.S.C.
407 (10/21/1998) and
42 U.S.C.
1383(d)(1)
(11/2/2015);
(b) Veterans affairs
benefit payments protected under
38 U.S.C.
5301(a)
(12/16/2003);
(c) Railroad
retirement board benefit payments protected under 4
5 U.S.C.
231m(a) (12/29/1995) and 4
5 U.S.C.
352(e) (1/2/2013);
and
(d) Office of personnel
management benefit payments protected under
5 U.S.C.
8346 and
5 U.S.C.
8470 (10/13/1978).
(6) "Willfully" means an action taken
voluntarily and intentionally with a specific intent to take an action or fail
to take an action.
(C)
The CSEA shall use the JFS 04047, "Income Withholding for Support" (effective
or revised effective date as identified in rule 5101:12-50-99 of the Administrative Code), to
implement income withholding to collect current support and arrears from a
payor.
(D) The CSEA shall use the
JFS 04017, "Notice to Deduct Funds for Child and Spousal Support" (effective or
revised effective date as identified in rule
5101:12-50-99 of the
Administrative Code), to deduct funds from an account in a financial
institution.
(E) The
responsibilities of a payor or financial institution in receipt of a JFS 04047
or JFS 04017 can be found in Chapter 3121. of the Revised Code.
(F) When a payor or financial institution
fails to comply with any requirement of a JFS 04047 or JFS 04017 issued by a
CSEA, the CSEA shall bring an action under section
3121.371 of the Revised Code
requesting the court to order the payor or financial institution to comply with
the JFS 04047 or JFS 04017. If the payor or financial institution fails to
comply with the court's order, such failure is contempt of court.
