Ohio Administrative Code
Title 5101:12 - Child Support
Chapter 5101:12-60 - Review and Adjustment of Title IV-D Support Orders
Section 5101:12-60-60.1 - Findings and recommendations to redirect the child support order
Universal Citation: OH Admin Code 5101:12-60-60.1
Current through all regulations passed and filed through December 16, 2024
(A) Administrative redirection investigation.
(1)
The child support enforcement agency (CSEA) will
complete an administrative redirection investigation and issue findings and
recommendations regarding whether the child support order should be redirected,
within twenty days of determining pursuant to rule
5101:12-60-60 of the
Administrative Code that a reason exists to redirect support to a
caretaker.
(2)
During the administrative redirection investigation,
the CSEA will determine all of the following:
(a)
The amount of
each parent's obligation under the existing child support order that may be
subject to redirection;
(b)
Whether any prior redirection has been terminated or
redirected under sections
3119.9531 to
3119.9535 of the Revised
Code;
(c)
Whether any arrears are owed, and the recommended
payment amount to satisfy such arrears as a pro rata share for each person to
whom arrears are owed; and
(d)
When more than
one child is subject to the existing child support order, whether the child
support order for all or some of the children will be subject to
redirection.
(3)
When the CSEA determines that support for fewer than
all of the children should be redirected, the CSEA will determine the pro rata
share of the child support amounts to be redirected, as follows:
(a)
First, divide the
child support and the cash medical support amounts due monthly under the order
by the number of children who are the subject of the order;
(b)
Then, subtract
the amounts due for the child(ren) for whom the order should be redirected from
the child support and cash medical support amounts due monthly.
(B) Findings and recommendations for an administrative child support order.
(1)
When the redirection investigation results indicate
that a reason exists to redirect support, the CSEA will:
(a)
Prepare the JFS
07801, "Findings and Recommendations to Redirect 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 07801 with the administrative child
support record; and
(c)
Issue copies of the JFS 07801 to all parties at their
last known addresses.
(2)
Fourteen days
after the JFS 07801 is issued, if no party objects to the JFS 07801 by bringing
an action under section
2151.231 of the Revised Code,
the CSEA will issue the JFS 07802 "Administrative Order to Redirect the
Administrative Child Support Order" (effective or revised effective date as
identified in rule
5101:12-60-99 of the
Administrative Code) to all parties at their last known
addresses.
(C) Findings and recommendations for a court child support order.
(1)
When
the administrative redirection investigation results indicate that a reason
exists to redirect support, the CSEA will compile findings and recommendations
and issue or request the clerk of courts to issue copies of the findings and
recommendations to all parties at their last known addresses.
(2)
The CSEA will
include in the findings and recommendations the following:
(a)
The amount of
each parent's obligation under the existing child support order that may be
subject to redirection;
(b)
Whether any prior redirection has been terminated under
sections 3119.9531 to
3119.9535 of the Revised
Code;
(c)
Whether any arrears are owed, and the recommended
payment amount to satisfy such arrears;
(d)
When more than
one child is subject to the existing child support order, whether the child
support order for all or some of the children will be subject to redirection;
and
(e)
Notice of the following:
(i)
That the agency
has made a recommendation for a redirection order under section
3119.9513 of the Revised Code to
the court that has jurisdiction over the child support order;
(ii)
That any party
has the right to object to the redirection by requesting a hearing with the
court that has jurisdiction over the child support order not later than
fourteen days after the recommendation is issued;
(iii)
That the
recommendation will be submitted to the court for inclusion in a redirection
order, unless a request for a court hearing is made not later than fourteen
days after the recommendation is issued; and
(iv)
The effective
date of the redirection order as determined under section
3119.9519 of the Revised
Code.
(D) Impounding support.
(1)
As
part of the redirection investigation, the CSEA will immediately impound within
the support enforcement tracking system, support paid pursuant to the child
support order; and
(2)
When a JFS 07800, "Results of Investigation to Redirect
the Child Support Order" (effective or revised effective date as identified in
rule 5101:12-60-99 of the
Administrative Code) or JFS 07802 is issued by the CSEA or when a CSEA receives
a redirection order from the court, the CSEA will release any impounded funds
to the appropriate person(s).
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