Current through all regulations passed and filed through September 16, 2024
(A) Child support enforcement agency (CSEA)
investigation upon notice or discovery of an account in a financial
institution.
In accordance with sections
3123.25
and
3123.27 of
the Revised Code, when the CSEA elects to utilize the financial institution
data match (FIDM) program to enforce a support order, the CSEA shall:
(1) Verify that 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. For purposes of the FIDM program, a
JFS 04049, "Notice to Obligor of Default and Potential Action" (rev. 08/1999,
10/2001, 04/2003, 05/2005, 8/2010, or 2019), must have been issued on or after August
17, 1999;
(2) Verify that the
obligor has not filed for bankruptcy protection. When the CSEA determines that
the obligor has filed for bankruptcy protection, the CSEA shall not use the
FIDM program to enforce a support order unless the bankruptcy has been
discharged or other relief from bankruptcy protection has been secured by the
CSEA;
(3) Identify whether the
obligor is receiving or has received income from a protected benefit, as
described in rule
5101:12-50-10
of the Administrative Code, including, but not limited to, research in the
support enforcement tracking system (SETS) and the state verification exchange
system/defense manpower data center (SVES/DMDC);
(a) When the CSEA determines that any of the
funds in the account are from a protected benefit source, the CSEA shall not
issue the JFS 04050, "Financial Institution Account Access Restriction"
(effective or revised effective date as identified in rule
5101:12-55-99
of the Administrative Code);
(b)
When the CSEA determines that the funds in the account are not from a protected
benefit source, the CSEA shall proceed in accordance with paragraphs (B) to (H)
of this rule;
(4)
Determine whether the obligor's account is with a financial institution that
conducts business in Ohio; and
(a) When the
CSEA determines that the account is with a financial institution that conducts
business in Ohio, the CSEA shall follow the procedures described in paragraph
(B) of this rule.
(b) When the CSEA
determines that the account is with a financial institution that does not
conduct business in Ohio, the CSEA shall follow the procedures described in
paragraph (D) of this rule.
(5) Document the results of the investigation
in the case record.
(B)
Imposing an access restriction on an account when the account is with a
financial institution that conducts business in Ohio.
The CSEA shall issue:
(1) The JFS 04050 by first class mail to the financial
institution in which the obligor's account is maintained; and
(2) A copy of the JFS 04050 by first class
mail to the obligor.
(C)
For purposes of paragraphs (D), (E) and (F) of this rule, the following
definitions apply:
(1) "Assisting state"
refers to the state that assists the requesting state in imposing an access
restriction on an account and issuing a withdrawal directive.
(2) "Requesting state" refers to the state
that requests assistance from the assisting state in imposing an access
restriction on an account and issuing a withdrawal directive.
(D) Imposing an access restriction
on an account when the account is with a financial institution that does not
conduct business in Ohio.
(1) The CSEA shall
assume the role of the requesting state, and request assistance from the state
in which the financial institution conducts business.
(2) The state in which the financial
institution conducts business will assume the role of the assisting
state.
(3) The case shall not be
considered an interstate case.
(4)
The CSEA shall determine the requirements of the assisting state with regard to
imposing an access restriction on the account and issuing a withdrawal
directive. State-specific data is provided on the website for the federal office
of child support enforcement (OCSE).
(5) The CSEA shall
request that the assisting state impose an access restriction on the account
and issue a withdrawal directive.
(6) The CSEA shall
provide the assisting state with the following information:
(a) The account number and the name and
address of the financial institution;
(b) The amount to be withdrawn;
(c) A copy of the JFS 04049 that was issued
to the obligor ;
(d)
The name and
payment address for Ohio child support payment central; and
(e)
Any other necessary information that the assisting state requires from the
CSEA.
(E)
Imposing an access restriction on an account when the case is in a requesting
state and the financial institution does not conduct business in the requesting
state but conducts business in Ohio.
The requesting state will make its request through the ODJFS
interstate central registry, which will forward the request to the CSEA located
in the same Ohio county as the financial institution.
(1) The CSEA shall assume the role of the
assisting state.
(2) The other
state will assume the role of the requesting state, and request that the CSEA
impose an access restriction on the account and issue a withdrawal
directive.
(3) The CSEA shall not
open a case in SETS.
(4) The case
shall not be considered an interstate case.
(5) The requesting state will provide the
CSEA with the following information:
(a) The
account number and the name and address of the financial institution;
(b) The amount to be withdrawn;
(c) The amount of the arrears and
certification that due process under the requesting state's laws has been
completed;
(d) Whether the account
is a "sole" or "joint account";
(e)
The name and payment address for the state disbursement
unit in the requesting state; and
(f) Any other necessary
information that the CSEA requires from the requesting state.
(6) The CSEA shall issue:
(a) The JFS 04050 by first class
mail to the financial institution; and
(b) A copy of the JFS 04050 by first class
mail to the obligor.
(F) After the CSEA issues a JFS 04050 or the
assisting state imposes an access restriction on the account, the CSEA shall
determine whether a person other than the obligor has an ownership interest in
the account.
(1) When the CSEA determines that
another person has an ownership interest in the account, the CSEA shall proceed
with the administrative hearing process, in accordance with rule
5101:12-55-10.2 of the Administrative Code.
(2) When the CSEA determines that the obligor
is the only person having ownership interest in the account, the CSEA shall
issue the JFS 04055, "Financial Institution Account Withdrawal Directive"
(effective or revised effective date as identified in rule
5101:12-55-99
of the Administrative Code)
by first class mail to the financial
institution in which the obligor's account is maintained.
(G) In accordance with section
3123.26
of the Revised Code, after the financial institution receives the JFS 04050
from a CSEA or an access
restriction notice from another state, the financial institution is required to
promptly place an access restriction on the account. The access restriction
remains in effect until:
(1) The financial
institution complies with a JFS 04055 from a CSEA;
(2) The financial institution complies with a
withdrawal directive from a court; or
(3) A CSEA or a court orders the financial
institution to release the access restriction.
(H) Release of an access restriction from an
account.
(1) When the obligor is no longer in
default, the CSEA shall issue:
(a) The JFS
04051, "Financial Institution Account Full or Partial Release of Access
Restriction" (effective or revised effective date as identified in rule
5101:12-55-99
of the Administrative Code), by first class mail to the financial institution
in which the obligor's account is maintained, for a release on the total amount
of funds in the account; and
(b) A
copy of the JFS 04051 by first class mail to the obligor.
If the obligor is determined to be in default at a later date,
the CSEA may again consider utilizing the FIDM program.
(2) When, after the CSEA has
imposed an access restriction on the account, the CSEA becomes aware of an
amount of funds in the account that represents protected benefits, the CSEA
shall issue:
(a) The JFS 04051 by first class
mail to the financial institution in which the obligor's account is maintained,
for a release on the amount of funds in the account that represent protected
benefits; and
(b) A copy of the JFS
04051 by first class mail to the obligor.
(3) When the CSEA determines that a legal
restriction exists on the account that prevents the obligor from withdrawing
the funds, the CSEA shall issue:
(a) The JFS
04051 by first class mail to the financial institution in which the obligor's
account is maintained, for a release on the amount of funds in the account that
is legally restricted; and
(b) A
copy of the JFS 04051 by first class mail to the obligor.
