Current through all regulations passed and filed through September 16, 2024
(A) This rule describes judicial enforcement
actions that a child support enforcement agency (CSEA) with administrative
responsibility is required to or may take in addition to other enforcement
actions described in division 5101:12 of the Administrative Code. The
enforcement actions described in this rule require the filing of a judicial
motion or complaint. The CSEA shall consult with its legal counsel regarding
the proper filing of actions described in this rule.
(B) Required judicial enforcement action that
the CSEA shall take.
In accordance with section
3123.19 of the Revised Code, if
the CSEA determines that an obligor in default under a support order has a
claim against another person or is a party in a pending judicial action, the
CSEA shall immediately file either a motion to intervene or a creditor's bill
with the court in which the action is pending.
(C) Discretionary judicial enforcement
actions that the CSEA may take. This paragraph does not preclude a CSEA from
taking any additional judicial enforcement actions that may be appropriate, but
are not listed in this rule.
(1) In accordance
with the provisions of section
2705.031 of the Revised Code,
the CSEA may file a contempt action against an obligor for failure to pay
support.
(2) In accordance with
section 2117.06 of the Revised Code, a
CSEA may file a claim against the estate of an obligor who is deceased for the
purpose of collecting any arrears that are due under the support order.
The claim is to be presented within six months after
the obligor's date of death, whether or not the estate is released from
administration or an executor or administrator is appointed during that
six-month period.
(3) In
accordance with section
3123.182 of the Revised Code, a
CSEA may file an action for execution on a certified pay-off statement issued
by a CSEA.
(4) In accordance with
sections 1336.01 to
1336.11 of the Revised Code, the
CSEA may bring an action, subject to the limitations in section
1336.08 of the Revised Code, to
obtain any relief the circumstances require against an obligor who makes a
fraudulent transfer of assets or enters into a fraudulent obligation to avoid
paying under the support order. Relief may include invalidation of the transfer
or obligation to the extent necessary to satisfy the arrearage.
(5) In accordance with the provisions of rule
65(A) of the Rules of Civil Procedure (7/1/1970) (
www.supremecourt.ohio.gov), the CSEA
may file a request for a temporary restraining order with the court in which an
action described in division 5101:12 of the Administrative Code has been filed
if it appears to the CSEA that immediate and irreparable injury, loss or damage
will result before the action can be heard.
(6) In accordance with the provisions of
Chapter 2329. of the Revised Code, the CSEA may file an action for execution
against property owned by an obligor.
(7) The CSEA may take action against a payor
who fails to comply with the requirements of an income withholding or deduction
notice as described in sections
3121.371 and
3121.381 of the Revised
Code.
(8) The CSEA may file an
action requesting a court to join the CSEA as a party to an action to enforce a
support order.
(9) The CSEA may
refer a case to the county prosecutor for possible criminal nonsupport action
under section 2919.21 of the Revised
Code.
(10) In accordance with
sections 3123.14 and
3123.15 of the Revised Code,
when the child support order is terminated for any reason, the obligor is or
was in default at any time under the support order, and the obligor owes
arrears after the termination of the order, the obligee may submit an
application to the CSEA to obtain relief. The CSEA shall commence the
appropriate administrative or judicial action within twenty days after
completion of such application.
(D) When filing a contempt action in
accordance with paragraph (C)(1) of this rule, the CSEA will:
(1) Review the case for information regarding
the obligor's ability to pay, or otherwise comply with the order. The review
should include, but is not limited to research regarding:
(a) Whether a final and enforceable
determination of default has been made against the obligor, as described in
rules
5101:12-55-03 to
5101:12-55-03.4 of the Administrative
Code;
(b) Whether there is a
pending personal bankruptcy action for the obligor;
(c) Whether the obligor has received or is
receiving income from a protected benefit, as described in rule
5101:12-50-10 of the
Administrative Code, including research in the support enforcement tracking
system (SETS) and the state verification exchange system/defense manpower data
center (SVES/DMDC);
(d) Whether the
obligor had received or is receiving income subject to a withholding or
deduction as described in rule
5101:12-50-10.1 of the Administrative Code;
and
(e) Any other information that
would assist in the determination of the obligor's ability to pay or otherwise
comply with the order.
(2) Determine after the review of the case
information, if a contempt action is appropriate, and ensure that:
(a) The court is provided with such
information regarding the obligor's ability to pay, or otherwise comply with
the order, which may assist the court in making a factual determination
regarding the obligor's ability to pay the purge amount or comply with the
purge conditions; and
(b) Clear
notice is provided to the obligor that his or her ability to pay constitutes
the critical question in the civil contempt action.
