Ohio Administrative Code
Title 5101:12 - Child Support
Chapter 5101:12-60 - Review and Adjustment of Title IV-D Support Orders
Section 5101:12-60-50.1 - Administrative termination investigation, findings and recommendations, and impounding support
Universal Citation: OH Admin Code 5101:12-60-50.1
Current through all regulations passed and filed through September 16, 2024
(A) Administrative termination investigation.
(1) The child support enforcement agency
(CSEA) will complete an administrative termination
investigation and issue findings and recommendations regarding whether the
child support order should terminate within twenty days of the date the CSEA is
notified by either the obligee or obligor or becomes aware that:
(a) An
administrative termination reason
as described in paragraph (C) of rule
5101:12-60-50 of the
Administrative Code has occurred or is expected to occur
on a certain date;
(b) An administrative
termination reason described in paragraph (E) of rule
5101:12-60-50 of the
Administrative Code exists and the CSEA elects to proceed with the
administrative termination process.
(2) During the administrative termination
investigation, the CSEA will determine:
(a)
Whether any administrative termination reason exists.
When the CSEA investigation results indicate that any of the administrative termination reasons do not exist, the CSEA 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.
(b) Whether there are other minor children
subject to the child support order.
When the CSEA determines that there are other minor children subject to the child support order, the CSEA will calculate a revised amount of child support and cash medical support for the other minor children as follows:
(i) When the
child support order is computed using a sole residential parent or shared
parenting computation worksheet, divide the child support and the cash medical
support due annually or monthly under the order by the number of children who
are the subject of the order; then, subtract the amount due for the child for
whom the order should be terminated from the total child support and cash
medical support amount due annually or monthly.
(ii) When the child support order is computed
using a split parental rights computation worksheet:
(a) The CSEA will divide the
annual or monthly obligation for the non-residential parent of the child for
whom support is being terminated by the number of children in the other party's
custody contained on the existing child support guidelines worksheet. Next,
subtract the amount due for the child for whom the order should be terminated
from the total child support amount due annually or monthly under a revised
child support payment order. This revised amount of support
will then
be offset against the other party's support obligation to calculate the revised
child support for inclusion in the order. The calculation may result in a new
obligor for payment of the child support order.
(b) If the calculation in paragraph
(A)(2)(b)(ii)(a) of this rule results in a new child support obligor this
individual also becomes the cash medical obligor: if the obligor has not
changed this paragraph still refers to the existing cash medical obligor. When
cash medical support has been ordered the CSEA will compare the
cash medical obligor's cash medical support maximum from the existing child
support guidelines worksheet with the current United States department of
agriculture (USDA) table for the number of children in the other party's
custody. The CSEA will use the lesser amount as the obligation for cash
medical support.
(c) Whether the
obligor owes any arrears or other balances.
(d) Whether the CSEA believes it is necessary
to continue income withholding or income deduction for the other minor children
or arrears payment.
(e) Whether
amounts paid pursuant to the child support order being investigated should be
impounded because the continued receipt and disbursement would lead to an
overpayment by the obligor to the obligee.
(f) Whether an overpayment has been made to
the obligee,
the Ohio department of job and family services
(ODJFS), the Ohio department of medicaid (ODM), a
public children services agency (PCSA), or the CSEA.
(B) Findings and recommendations for an administrative child support order.
(1) When the child support order is an
administrative child support order and the administrative termination
investigation results indicate that an administrative termination reason
exists, the CSEA will:
(a)
Prepare the JFS 07522, "Findings and Recommendations to
Terminate the Administrative Child Support Order" (effective or revised
effective date as identified in rule
5101:12-60-99 of the
Administrative Code);
(b)
File the JFS 07522 with the administrative child
support record;
(c)
Issue copies of the JFS 07522 to the obligee and
obligor at their last known addresses; and
(d)
When the obligee
or obligor are deceased and the CSEA has identified that an action has been
commenced to probate the estate of the decedent, issue a copy of the JFS 07522
to the administrator or executor of the estate.
(2) When the CSEA determines that
ODJFS, ODM, a PCSA, or the CSEA has been or will be
overpaid by the obligor, the CSEA
will recommend that the amount overpaid be
disbursed to
the appropriate person.
(C) Findings and recommendations for a court child support order.
(1) When the child
support order is a court support order and the administrative termination
investigation results indicate that an administrative termination reason
exists, the CSEA will:
(a) Compile
findings and recommendations .
(b)
Issue or request
the clerk of courts to issue copies of the findings and recommendations to the
obligor and obligee at their last known addresses; and
(c)
When the obligee
or obligor are deceased and the CSEA has identified that an action has been
commenced to probate the estate of the decedent, issue a copy of the findings
and recommendations to the administrator or executor of the
estate.
(2) Include in the
findings and recommendations a finding that states the reason for which the
child support order and medical support provisions should terminate, a
recommendation that the child support order and medical support provisions be
terminated, and the effective date of the termination of the child support
order and medical support provisions. In addition, the CSEA
will
include in the findings and recommendations the following:
(a) When there are
other minor children subject to the order:
(i)
A finding of whether the child support order should continue for other minor
children subject to the order; and
(ii) When the
CSEA finds that the child support order should continue, a recommendation that
the child support order should continue for the other minor children and, in
accordance with paragraph (A)(2)(b) of this rule, the amount of child support
that should be paid for the other minor children.
(b)
When continued payment and disbursement of payments paid pursuant to the child
support order that will be terminated will likely result in an overpayment or
an increase in an existing overpayment:
(i) A finding
that continued payment and disbursement of payments will likely result in an
overpayment or increase an existing overpayment; and
(ii) A
recommendation that the support be impounded and that all impounded funds be
disbursed to the appropriate person by the CSEA after the child support order
has been terminated.
(iii)
When the CSEA
determines that ODJFS, ODM, a PCSA, or the CSEA has been overpaid, the CSEA
will recommend that the amount overpaid be disbursed to the appropriate
person.
(c) When the obligor
owes arrears or other balances:
(i) A finding
of the amount of arrears or other balances owed by the obligor and the date of
the calculation; and
(ii) A
recommendation that the obligor be ordered to pay a monthly arrears payment
amount that is compliant with sections
3121.36 and
3123.14 of the Revised Code,
unless the obligor is deceased.
(d) When amounts are
owed for other minor children or for a payment on arrears, other balances, or
other obligations:
(i) A finding
that amounts are owed for other
minor children or for a payment on arrears, other balances, or other
obligations; and
(ii) A
recommendation to initiate or continue income withholding or deduction, unless the obligor is deceased.
(e)
When amounts are not owed for other minor children or for a payment on arrears,
other balances, or other obligations; or the obligor is
deceased:
(i) A finding
that amounts are not owed for other
minor children or for a payment on arrears, other balances, or other
obligations; or the obligor is deceased; and
(ii) A
recommendation to terminate income withholding or
deduction.
(f) When the obligee
was overpaid:
(i) A finding
that the obligee was overpaid, the amount the obligee was overpaid, and the
date through which the overpayment was calculated; and
(ii)
The CSEA may elect to include a recommendation that the
obligee repay the amount the obligee was overpaid.
(g)
The following statements:
(i) Both the
obligor and obligee have the right to request an administrative hearing to
object to the findings and recommendations contained in this notice. To request
an administrative hearing, submit a written request for an administrative
hearing to the CSEA. The obligor and obligee have fourteen days after the
issuance of the notice containing the findings and recommendations to submit
the written request for an administrative hearing to the CSEA. When the obligor
or obligee requests an administrative hearing within fourteen days of the
issuance of this notice, which contains the findings and recommendations, no
revised court child support order will be issued.
(ii) When
neither the obligor nor the obligee requests an administrative hearing to
object to the findings and recommendations, the findings and recommendations
will be submitted to the court for inclusion into a revised or terminated court
child support order with no further court hearing.
(D) Impounding support.
(1) When the CSEA is aware that support is or
may be overpaid or that the obligee or obligor is
deceased, the CSEA
will impound within the
support enforcement tracking system support paid pursuant to the child
support order.
(2)
When the support order is an administrative child
support order, the CSEA will use the JFS 07523, "Administrative Order to
Impound Support"(effective or revised effective date as identified in rule
5101:12-60-99 of the
Administrative Code).
(3)
When the support order is a court support order, the
CSEA will prepare an impound order and include in the impound order the
following:
(a)
The reason the support is being impounded;
and
(b)
The amount of support that is to be
impounded.
(4) The CSEA
will
have copies of the impound order, or JFS 07523, as applicable, issued to
:
(a)
The last known
addresses of the obligee and obligor.
(b)
The administrator
or executor of the decedent's estate when the obligee or obligor is deceased
and the CSEA has identified that an action has been commenced to probate the
estate of the decedent.
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