Current through all regulations passed and filed through September 16, 2024
(A)
This rule and its
supplemental rules describe the process for a reduction of permanently assigned
arrears as a result of an obligor satisfying all the terms and conditions of a
waiver, installment plan compromise, lump sum compromise or a family support
program.
(B)
Procedures submitted by a child support enforcement
agency (CSEA) for a waiver and compromise program and approved by the office of
child support (OCS) prior to the effective date of this rule and its
supplemental rules remain valid except to the extent that any provision of the
CSEA procedure is inconsistent with the requirements contained in this rule and
its supplemental rules.
(C)
The following definitions apply to this rule and its
supplemental rules:
(1)
"Conditionally assigned arrears" has the same meaning
as in rule
5101:12-80-10
of the Administrative Code.
(2)
"Current
obligation" has the same meaning as in rule
5101:12-80-10
of the Administrative Code.
(3)
"Family support
program" means a community-based program, approved or administered by the CSEA,
in which an obligor may participate to promote financial and/or family
stability.
(4)
"Family support program agreement" means a written
agreement between an obligor and a CSEA in which the obligor participates in a
family support program in exchange for the CSEA reducing permanently assigned
arrears by an amount certain.
(5)
"Installment plan
compromise" means a written agreement between an obligor and a CSEA to reduce
permanently assigned arrears by an amount certain in exchange for the obligor
to pay a monthly support amount for a specific time period. In exchange for the
obligor's compliance, the CSEA reduces permanently assigned arrears by specific
amounts at specific time periods.
(6)
"Lifetime maximum
amount" means the total amount the CSEA is authorized to approve locally to be
reduced from permanently assigned arrears on a support enforcement tracking
system (SETS) case.
(7)
"Lump sum compromise" means a written agreement between
an obligor and a CSEA to reduce permanently assigned arrears by an amount
certain in exchange for a lump sum payment of a specified amount. In exchange
for the obligor's compliance, the CSEA reduces permanently assigned arrears by
a specified amount.
(8)
"Permanently assigned arrears" means:
(a)
Child support,
spousal support, past care, or medical support arrears that are permanently
assigned to the Ohio department of job and family services (ODJFS) or the Ohio
department of medicaid (ODM) pursuant to an Ohio works first (OWF) assignment
or permanently assigned to ODJFS, ODM or another state pursuant to an aid to
families with dependent children, temporary assistance for needy families,
medicaid, or Title IV-E foster care maintenance assignment.
(b)
Reimbursement
owed to ODJFS or ODM for medical expenses or genetic testing
cost.
(9)
"Unreimbursed assistance" has the same meaning as in
rule
5101:12-80-09
of the Administrative Code.
(10)
"Waiver" means a
written agreement between an obligor and a CSEA to reduce permanently assigned
arrears to an amount certain, including when the amount certain is zero
dollars, without requiring a payment in exchange by the obligor.
Replaces: 5101:12-60-70
