Current through all regulations passed and filed through September 16, 2024
(A) This
rule and its supplemental rules describe how the child support enforcement
agency (CSEA) with administrative responsibility for a child support order
administratively terminates the current child support obligation and the
medical support provisions when a required or optional administrative
termination reason exists. The CSEA will 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 has been completed and filed with the CSEA.
(B) Definitions.
The following definitions, unless otherwise noted, apply to
rules in division 5101:12 of the Administrative Code:
(1) "Age of majority" has the same meaning as
in section 3109.01 of the Revised
Code.
(2) "Child support order" has
the same meaning as in section
3119.01 of the Revised Code. For
the purposes of this rule and its supplemental rules, "child support order"
includes medical support provisions contained in the child support
order.
(3) "Overpaid child support"
has the same meaning as in rule
5101:12-50-20 of the
Administrative Code.
(C) The CSEA
will
initiate an administrative termination investigation to determine whether the
child support order should terminate when there is
an administrative termination
reason. An administrative termination reason includes all of
the following:
(1) The child attains the age
of majority if the child no longer attends an accredited high school on a
full-time basis and the child support order requires support to continue past
the age of majority only if the child continuously attends a high school after
attaining that age;
(2) The child
ceases to attend an accredited high school on a full-time basis after attaining
the age of majority, if the child support order requires support to continue
past the age of majority only if the child continuously attends such a high
school after attaining that age;
(3) A termination condition specified in the
court child support order has been met for a child who reaches nineteen years
of age;
(4) The child's
death;
(5) The child's
marriage;
(6) The child's
emancipation;
(7) The child's
enlistment in the armed services when the child no longer attends an accredited
high school on a full-time basis;
(8) The child's deportation;
(9) A change of legal custody of the child,
which includes but is not limited to :
(a)
The granting of
permanent custody of the child to a public children services agency (PCSA);
and
(b)
The termination of parental rights of the obligor
through another court action; and
(c)
The obligee's
death, unless pursuant to section
3119.955 of the Revised Code the
CSEA has determined that any reason exists for which the child support order
should be redirected to a caretaker.
(10) The child's adoption;
(11) The obligor's death;
(12) The grandparent to whom support is being
paid or a grandparent who is paying support reports that the grandparent's
support order should terminate as a result of one of the events described in
division (D) of section
3109.19 of the Revised Code;
or
(13) Marriage of the obligor
under a child support order to the obligee, if the obligor and obligee reside
together with the child.
(D) Pursuant to
division (B) of section
3119.88 of the Revised Code a
court may also terminate an order for any other appropriate reasons brought to
the attention of the court, unless otherwise prohibited by law.
(E)
The CSEA may elect to initiate an administrative termination investigation to
determine whether the child support order should terminate when:
(1) There is an administrative child support
order and a court child support order has been issued that involves the same
parties and child; or
(2) A court
makes a controlling order determination and the controlling order is not the
administrative child support order or court support order that the CSEA is
responsible for enforcing.
(F) When the obligor or
obligee requests the CSEA to terminate the child support order and the reason
for terminating the child support order is not one of the administrative
termination reasons listed in paragraph (C) of this rule
or a termination reason utilized by the CSEA in paragraph
(E) of
this rule, the CSEA will not administratively terminate the child support
order. Instead, the CSEA:
(1)
Will
issue a JFS 07521, "Results of Support Order Termination Investigation"
(effective or revised effective date as identified in rule
5101:12-60-99 of the
Administrative Code), to the last known address of the person who requested the
termination of the child support order.
(2) May elect but is not required to assist
the person with filing the action to terminate the child support order with the
appropriate court.
(G) In accordance with
section 3119.89 of the Revised Code, the
CSEA will not conduct an administrative review and
adjustment of the child support order for any other children subject to the
child support order until a final administrative or judicial order has been
issued regarding the administrative termination investigation's findings and
recommendations.
