Current through all regulations passed and filed through September 16, 2024
(A) After the child
support enforcement agency (CSEA) issues a JFS 04050, "Financial Institution
Account Access Restriction" (effective or revised effective date as identified
in rule
5101:12-55-99
of the Administrative Code), the CSEA shall determine whether a person other
than the obligor has an ownership interest in the account.
For purposes of this rule, the person other than the obligor
who has an ownership interest in the account is referred to as a "joint account
owner" and includes "another person," as described in paragraph (B) of this
rule.
(B) When the CSEA
determines that there is a joint account owner, the CSEA shall issue the JFS
04052, "Notice to Person, Other than Child Support Obligor, Having Ownership
Interest in an Account" (effective or revised effective date as identified in
rule
5101:12-55-99
of the Administrative Code), by first class mail to the joint account owner at
an address for the joint account owner contained in the records of the
financial institution.
When the address of the joint account owner is not contained in
the records of the financial institution, the CSEA shall issue the JFS 04052 by
first class mail to the joint account owner in care of another person whose
address is contained in the records of the financial institution concerning the
account.
(C) Administrative
hearing procedures.
(1) Administrative hearing
time frames.
(a) The joint account owner shall
have
fourteen days from the date the JFS 04052 is issued to
object to the withdrawal directive by returning the JFS 04052 to the
CSEA.
(b) When the joint account
owner fails to return the JFS 04052 to the CSEA within the
fourteen-day timeframe, 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), in accordance with rule 5101:12-55-10.3 of the
Administrative Code.
(2)
Conducting the administrative hearing.
(a)
When the joint account owner returns the JFS 04052 to the CSEA within the
fourteen-day timeframe, the CSEA shall:
(i) Issue the JFS 04053, "Notice of
Administrative Hearing in Regard to Account Ownership" (effective or revised
effective date as identified in rule
5101:12-55-99
of the Administrative Code), by first class mail to the joint account owner no
later than five days before the date the administrative hearing is to be
conducted; and
(ii) Conduct the
administrative hearing no later than ten days after the date the joint account
owner returns the JFS 04052 to the CSEA.
(b) At the administrative hearing, the CSEA
shall:
(i) Permit the joint account owner to
present testimony and evidence at the administrative hearing only in regard to
the issue of whether any amount, and how much, if any, of the amount, contained
in the account is the property of the joint account owner and should not be
subject to the withdrawal directive; and
(ii) Determine whether any amount contained
in the account is the property of the joint account owner.
(3) Administrative hearing
determination.
(a) When the CSEA determines
that the total amount of funds in the account is the property of the joint
account owner, the CSEA shall:
(i) Issue the
JFS 04054, "Notice of Determination on Amount of Ownership" (effective or
revised effective date as identified in rule
5101:12-55-99
of the Administrative Code), by first class mail to the joint account
owner;
(ii) Issue 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
account;
(iii) Issue a copy of the
JFS 04051 by first class mail to the obligor; and
(iv) Take no further enforcement action on
the account.
(b) When
the CSEA determines that no amount of funds in the account is the property of
the joint account owner, the CSEA shall:
(i)
Issue the JFS 04054 by first class mail to the joint account owner;
and
(ii) Wait
fourteen
days to allow the joint account owner to file a written motion with the court
as described in paragraph (D)(1) of this rule.
When the joint account owner does not file a timely motion with
the court, the CSEA shall issue the JFS 04055, in accordance with rule
5101:12-55-10.3 of the Administrative Code.
(c) When the CSEA determines that a partial
amount of funds in the account is the property of the joint account owner, the
CSEA shall:
(i) Determine that
amount;
(ii) Issue the JFS 04054 by
first class mail to the joint account owner;
(iii) Issue 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 the property of the
joint account owner and take no further enforcement action on that
amount;
(iv) Issue a copy of the
JFS 04051 by first class mail to the obligor; and
(v) Wait
fourteen days to
allow the joint account owner to file a written motion with the court as
described in paragraph (D)(1) of this rule.
When the joint account owner does not file a timely motion with
the court, the CSEA shall issue the JFS 04055, in accordance with rule
5101:12-55-10.3 of the Administrative Code.
(D) Court hearing.
(1) In accordance with section
3123.34 of the Revised Code, the
joint account owner has
fourteen days after the CSEA makes its
determination to file a written motion with the court of common pleas of the
county served by the CSEA for a hearing to determine whether any amount
contained in the account is the property of the joint account owner.
(2) When the joint account owner files a
timely motion with the court, the court is required to hold a hearing on the
request in accordance with section
3123.35 of the Revised
Code.
(3) In accordance with
section 3123.36 of the Revised Code, the
court may order the financial institution to:
(a) Release the access restriction on the
account and take no further enforcement action on the account;
(b) Release the access restriction on a
partial amount of funds in the account and order the CSEA to take no further
enforcement action on those funds; or
(c) Withdraw funds pursuant to a withdrawal
directive, in accordance with section
3123.37 of the Revised
Code.
Effective: 2/11/2019
Five Year Review
(FYR) Dates: 2/1/2021
Promulgated Under:
119.03
Statutory
Authority: 3125.25
Rule
Amplifies: 3123.29,
3123.36,
3123.35,
3123.34,
3123.33,
3123.32,
3123.31,
3123.30
Prior
Effective Dates: 08/17/1999, 10/01/2001, 10/02/2006, 12/01/2011,
02/01/2016
