Current through all regulations passed and filed through December 16, 2024
(A)
An agreed entry for a reduction of permanently assigned
arrears shall only pertain to one support enforcement tracking system (SETS)
case.
(B)
When a child support enforcement agency (CSEA) or the
office of child support (OCS) approves a request for a reduction of permanently
assigned arrears, the CSEA shall prepare and issue to the obligor:
(1)
A JFS 07718,
"Administrative Agreed Entry for a Reduction of Permanently Assigned Arrears"
(effective or revised effective date as identified in rule
5101:12-60-99
of the Administrative Code) when the support order is an administrative child
support order.
(2)
An agreed entry when the support order is a court order
that includes:
(a)
The effective date of the agreement;
(b)
The terms and
conditions of the agreement:
(i)
For a waiver, the amount the CSEA shall reduce from
permanently assigned arrears.
(ii)
For a lump sum
compromise:
(a)
The amount the CSEA shall reduce from permanently assigned
arrears in exchange for a lump sum payment of a specified amount paid by the
obligor; and
(b)
The date by which the obligor shall make the
payment.
(iii)For an installment plan compromise:
(a)The amount the
CSEA shall reduce from permanently assigned arrears for every dollar the
obligor pays; and
(b)The frequency (daily, monthly, quarterly, etc.) the CSEA
will review the obligor's payment history to determine compliance with the
agreement.
(iv)
For a family support program:
(a)
The name of the
program; and
(b)The amount the CSEA shall reduce from permanently assigned
arrears in exchange for the obligor's successful completion of the program;
and
(v)
The amount the CSEA shall reduce from any balance owed
to the CSEA.
(c)
The following statements:
(i)
The rights of
the obligee shall not be prejudiced by the agreement to reduce the permanently
assigned arrears; and
(ii)
When the agreed entry is a waiver or family support
program, and a balance remains on the SETS case, the obligor is still
responsible for paying in full the remaining support obligation amount owed,
and is still subject to all of the collection and enforcement techniques;
or
(iii)
When the agreed entry is an installment plan
compromise, lump sum compromise or family support program, the obligor is still
responsible for paying in full the remaining support obligation amount owed on
the SETS case, including the current obligation amount, and is still subject to
all of the collection and enforcement techniques; and
(iv)
When the agreed
entry is final, neither the obligor nor the CSEA may re-open matters covered by
the agreed entry, by court action or otherwise, unless:
(a)
The obligor fails
to comply with the terms and conditions set forth in the agreed entry;
or
(b)The obligor is believed to have acted with intent to defraud
the CSEA by furnishing false information or concealing assets or financial
history; or
(c)There is a mutual mistake of a material fact sufficient to
cause the agreed entry to be reformed or set aside.
(C)
When the terms and conditions of the court agreed entry
or JFS 07718 have been satisfied, the CSEA shall:
(1)
Reduce the
permanently assigned arrears by the amount identified in the agreed entry;
and
(2)
Reduce the unreimbursed assistance (URA) by an amount
equal to the amount of permanently assigned arrears that are
reduced.
(D)
The CSEA shall consider whether it is appropriate to
initiate an action to reinstate the permanently assigned arrears when:
(1)
The obligor fails
to comply with the terms and conditions set forth in the agreed entry;
or
(2)
The obligor is believed to have acted with intent to
defraud the CSEA by furnishing false information or concealing assets or
financial history; or
(3)
There is a mutual mistake of material fact sufficient
to cause the agreed entry to be reformed or set aside.
(E)
The
CSEA shall provide any of the following upon request by OCS:
(1)
A copy of the
documents described in paragraph (C)(1) of rule 5101:12-60-70.2 of the
Administrative Code; and
(2)
A copy of the signed JFS 07718 or journalized agreed
entry; and
(3)
Any other documentation, as determined by OCS, of
agreements to reduce permanently assigned arrears for support orders
administered by the CSEA.
Replaces: 5101:12-60- 70.2
Effective: 1/1/2017
Five Year Review
(FYR) Dates: 01/01/2022
Promulgated Under:
119.03
Statutory
Authority: 3125.25
Rule
Amplifies: 3125.03,
3125.24,
3125.25
Prior
Effective Dates: 10/01/2010
