Current through all regulations passed and filed through September 16, 2024
(A) This rule and its supplemental rules
describe the procedures for the administrative review and adjustment of child
support orders. The child support enforcement agency (CSEA) shall proceed in
accordance with this rule and its supplemental rules when a IV-D application as
described in paragraph (A) of rule 5101:12-10-01.1 of the Administrative Code
or a IV-D referral as described in paragraph (B) of rule 5101:12-10-01.1 of the
Administrative Code that has been completed and filed with the CSEA.
(B) The following terms and definitions are
applicable to this rule and its supplemental rules:
(1) "Adjustment" means a change in the:
(a) Amount of a current child support
obligation;
(b) Amount of an
ordered payment on arrears;
(c)
Amount of a current cash medical support obligation; or
(d) Medical support provision:
(i) To provide health care
coverage for the child subject to the child support order; or
(ii) To provide cash medical support;
or
(iii) For the shared
responsibility of uncovered health care expenses.
(2) "Date certain" means the date
on which the administrative review of the child support order is initially
scheduled to be conducted.
(3)
"Date of the most recent support order" means the effective date of the last
child support order, which was issued as a result of a calculation using the
Ohio child support guidelines, including a no-change order.
(4) "Evidence" may include but is not limited
to: a written statement, letter, or affidavit by the requesting party or a
person with personal knowledge of the circumstances; a letter or other
documentation from the requesting party's current or past employer, pay stubs,
other employment records; written communication from the state or county
department of job and family services documenting the receipt of or approval of
eligibility for public assistance or unemployment compensation benefits; or any
other relevant documentation.
(5)
"Guidelines" refers to the Ohio child support guidelines:
(a) As set forth in Chapter 3119. of the
Revised Code, prior to March 28; 2019;
or
(b) As
set forth in accordance with rule
5101:12-1-17
of the Administrative Code, on or after March 28, 2019.
(6) "Non-requesting party" means the person
who did not submit the JFS 01849, "Request for Administrative Review of the
Support Order" (effective or revised effective date as identified in rule
5101:12-60-99
of the Administrative Code), or, in an administrative review initiated by the
CSEA, the obligor.
(7) "Parent"
means a mother or father of the child of the support order.
(8) "Party" or "parties" means the obligee,
which may be a caretaker or any individual or entity with legal
or physical custody of the child, and/or the
obligor(s) to a child support order.
When a party has a legal guardian or an authorized
representative, the legal guardian or an authorized representative may submit
documentation on behalf of the party.
(9) "Review" means an objective evaluation of
information necessary to determine:
(a) Child
support and cash medical support obligations based on the application of the
guidelines; and
(b) Medical support
provisions identified in paragraph (B)(1)(d) of this
rule.
(C) The
CSEA shall use the guidelines:
(1) As set
forth in Chapter 3119. of the Revised Code for administrative reviews initially
scheduled to be reviewed prior to March 28, 2019; or
(2) As set forth in accordance with rules
5101:12-1-17
and
5101:12-45-10
of the Administrative Code for administrative reviews initially scheduled to be
reviewed on or after March 28, 2019; and
(3) As a rebuttable presumption in the
administrative review and adjustment of a child support order. The CSEA shall
not deviate from the use of the guidelines in calculating and recommending a
revised amount.
(D) When
an administrative review indicates that an adjustment is appropriate, the CSEA
shall recommend the adjustment of the child support order. An adjustment is
only appropriate when:
(1) The recommended
amount of a child support obligation or a cash medical support obligation is
more than ten per cent different than the existing obligation; or
(2) There is a change in a medical support
provision identified in paragraph (B)(1) (d)(i) or (B)(1)(d)(ii) of this rule.
A change in the medical support provision identified in paragraph
(B)(1)(d)(iii) of this rule alone does not warrant an adjustment.
(E) The CSEA shall only
administratively review and adjust the child support obligation, the cash
medical support obligation, the payment on arrears, and the medical support
provisions identified in paragraph (B)(1)(d) of this rule that may be contained
in a child support order. The CSEA shall not review or adjust other provisions
of the order such as tax exemptions, the allocation of the parental rights and
responsibilities for the care of the child, or spousal support.
(F) The CSEA shall not conduct an
administrative review and adjustment on the payment on an arrears only
case.
(G) In providing support
enforcement program services, including an administrative review and
adjustment, the CSEA and its contracted agents (e.g., prosecutors, attorneys,
administrative officers) represent the best interests of the state of Ohio and
not the recipient of services or the recipient's personal interest, when that
interest is contrary to the interest of the state of Ohio.
(H) Every thirty-six months after the date of
the most recent child support order, the Ohio department of job and family
services, office of child support will issue a JFS 07049, "Notice of Right to
Request Review of Child and Medical Support Order" (effective or revised
effective date as identified in rule
5101:12-60-99
of the Administrative Code), to notify each party of the right to request an
administrative review. The JFS 07049 provides the parties with the procedures
for requesting an administrative review and the appropriate place and manner in
which the request should be made.
