Current through all regulations passed and filed through September 16, 2024
(A) Every thirty-six months after the date of
the most recent child support order, the child support enforcement agency
(CSEA) with administrative responsibility for the child support order
will
initiate an administrative review of a case in which the child is currently
receiving Ohio works first benefits. Unless a court has determined that a
review and adjustment of the child support order is not in the best interest of
the child, the CSEA will presume that an administrative review is in the
best interest of the child.
When a caretaker has received a good cause waiver
determination, the CSEA will issue a JFS 01867, "Right to Request an
Administrative Review of the Support Order" (effective or revised effective
date as identified in rule
5101:12-60-99 of the
Administrative Code) to the caretaker.
(1) When the caretaker or the other party to
the child support order wants an administrative review, the CSEA
will
proceed in accordance with this rule.
(2) When neither the caretaker nor the other
party wants an administrative review, the CSEA is not
to proceed with the administrative
review.
(B) The CSEA
will
immediately initiate a review and adjustment :
(1)
Upon discovery
that a child support order does not include a medical support provision to
either provide health insurance coverage that is reasonable in cost for the
child or to report any available health care coverage to the CSEA or
court;
(2)
When the child support order was most recently issued
or modified more than thirty-six months prior to a determination pursuant to
section 3119.955 of the Revised Code
that a reason exists to redirect the child support order; or
(3)
When the child
support order was most recently issued or modified less than thirty-six months
prior to a determination pursuant to section
3119.955 of the Revised Code
that a reason exists to redirect the child support order and the CSEA is unable
to determine each parent's obligation that would be subject to
redirection.
(C)
The CSEA may initiate an administrative review and adjustment when a child
support order was issued or modified in accordance with section
3119.30 of the Revised Code as
that section existed before the implementation of Amended Substitute House Bill
119 of the 127th General Assembly and:
(1)
There is a medical support provision for both parents to report when private
health insurance coverage for the child becomes available;
(2) One of the parents reports that private
health insurance coverage for the child has become available; and
(3) A health insurance obligor has not been
identified.
(D) Any
party may initiate an administrative review every thirty-six months from the
date of the most recent support order by:
(1)
Completing and submitting the JFS 01849, "Request for an Administrative Review
of the Child Support Order" (effective or revised effective date as identified
in rule
5101:12-60-99 of the
Administrative Code), to the CSEA.
(2) Applying for an administrative review at
the CSEA in the county of residence. When the county of residence is not the
county with administrative responsibility, the CSEA in the county of residence
will
transfer the JFS 01849 to the CSEA with administrative responsibility within
two business days of receipt of the JFS 01849. The CSEA with administrative
responsibility may request assistance from the CSEA in the county of residence
in obtaining additional information in order to proceed with the administrative
review process.
(E) Any
party may initiate an administrative review by submitting the JFS 01849 to the
CSEA sooner than thirty-six months when any of the following circumstances
applies:
(1) The existing child support order
established a minimum or a reduced child support obligation based on the
guidelines due to the unemployment or underemployment of one of the parents and
that parent is no longer unemployed or underemployed. The requesting party
will
provide to the CSEA evidence or information supporting an allegation of the
change in the employment status.
(2) Either parent has become unemployed or
been laid off, the unemployment or lay off is beyond the parent's control, and
the unemployment or lay off has continued uninterrupted for thirty consecutive
days. The requesting party will provide to the CSEA evidence of the unemployment
or lay off, including evidence that the unemployment or lay off is beyond the
parent's control. When the amount of the existing child support obligation was
calculated based on the annualized income of an individual who is employed in a
seasonal occupation, and the cause of the request for a review is a seasonal
lay off, then the parent does not meet the criteria for an administrative
review under this paragraph.
(3)
Either parent has become unemployed due to a plant closing or mass lay off as
defined in the Worker Adjustment and Retraining Notification (WARN) Act,
29 U.S.C.
2101 to
2109 (8/4/1988). The
administrative review request may only be made after the worker's last day of
employment. The worker's last day of employment is considered the date of that
worker's lay off. The worker will provide to the CSEA a copy of the notice of the
plant closing or mass lay off provided pursuant to the WARN Act.
(4) Either parent has become permanently
disabled, reducing his or her earning ability. The requesting party
will
provide to the CSEA verification of receipt of benefits administered by the
social security administration due to the permanent disability or a physician's
complete diagnosis and permanent disability determination.
(5) Either parent has been institutionalized
and cannot pay support for the duration of the child's minority and no income
or assets are available to the parent that could be levied or attached for
support. The requesting party will provide evidence of the institutionalization and
the inability to pay support during the child's minority.
(6) Either parent is incarcerated and will be
for more than one hundred eighty calendar days. "Incarcerated" has the same
meaning as in division (Q) of section
3119.05 of the Revised Code. The
requesting party is to provide evidence of the incarceration.
(7) Either parent has experienced a thirty
per cent decrease that is beyond the parent's control, or an increase in gross
income or income-producing assets for a period of at least six months that can
reasonably be expected to continue for an extended period of time. The
requesting party will provide to the CSEA evidence or information
supporting an allegation of a change in status.
(8) The child support order is not in
compliance with the guidelines because the child support obligation has
terminated or redirected for one or more children
and a support obligation still exists for a child
subject to the support order.
(9)
In administrative child support orders over which a court has not taken
jurisdiction, to consolidate children of the same parents for whom a duty of
support has been established into a single administrative child support order
that complies with the guidelines.
(10) Any party requests access to available
or improved health care coverage for the child. The requesting party
will
provide to the CSEA evidence or information supporting the allegation that
access to new or improved health care coverage is available.
(11) Either parent has experienced an
increase or decrease in the cost of child care or ordered health care coverage.
When the newly reported cost of child care or health care coverage would change
the existing support obligation by more than ten per cent, then the parent
meets the criteria for an administrative review. The requesting party
will
provide to the CSEA evidence or information supporting an allegation of an
increase or decrease in the cost of health care or child care. When the request
is based on a change in the cost of health care, the requesting party
will
provide to the CSEA evidence regarding the total, actual out-of-pocket cost for
health insurance premiums paid for the coverage.
(12) The health care coverage that is
currently being provided in accordance with the support order is no longer
accessible or reasonable in cost. The requesting party
will
provide to the CSEA evidence or information supporting an allegation that the
health care coverage is no longer accessible or reasonable in cost.
(13) The child support order contains a
medical support provision for cash medical support issued prior to March 28,
2019 and the obligor reports that his or her annual gross income is now below
one hundred fifty per cent of the federal poverty level for an individual. The
obligor will provide to the CSEA evidence or information
supporting an allegation that his or her annual gross income is below one
hundred fifty per cent of the federal poverty level for an
individual.
(14) The obligor is a
member of the uniformed services and is called to active military service for a
period of more than thirty days.
(15) An obligor who received a temporary
support order adjustment pursuant to rule
5101:12-60-05.2 of the
Administrative Code has notified the CSEA that the obligor's term of active
military service has ended and has provided written documentation sufficient to
establish that the obligor's employer has violated the Uniformed Services
Employment and Reemployment Rights Act,
38 U.S.C.
4301 to
4333 (10/9/1996).
(F) The CSEA
will
provide a JFS 01849 to a party requesting an administrative review within three
business days of the request.
(G)
The CSEA is not to
administratively review or adjust a child support order when any party elects
to proceed through court, either through self-representation or through private
counsel, or an action has been filed with the court by either party that may
have an impact on the administrative review. When a party elects to proceed
through the court and the court subsequently dismisses the action, the CSEA may
administratively review the child support order in accordance with this
rule.
