Current through all regulations passed and filed through September 16, 2024
(A) The following forms shall be used in
processing interstate cases under the Uniform Interstate Family Support Act
(UIFSA)(2008). To the greatest extent practical, the child support enforcement
agency (CSEA) shall transmit requests for information and provide requested
information through the child support enforcement network (CSENet) or
electronic document exchange (EDE). When transmitting information
electronically, the CSEA shall provide paper documents if requested by the
responding agency.
(1) The OMB 0970-0085
"Child Support Agency Confidential Information Form" shall be used to safeguard
the privacy of individuals by providing a means to record personal information
on a separate document that is not served on the parties or filed with a
tribunal.
(2) The OMB 0970-0085
"Child Support Agency Request for Change of Support Payment Location Pursuant
to UIFSA § 319" shall be used by a CSEA to make a request to the state
that issued the support order to change the payment location of the
order.
(3) The OMB 0970-0085 "Child
Support Enforcement Transmittal #1 - Initial Request Acknowledgment" shall be
used to inform the initiating jurisdiction of the responding jurisdiction's
receipt of a "Child Support Enforcement Transmittal #1 - Initial Request" and
to request any additional information or documentation needed to take further
action on the request.
(4) The OMB
0970-0085 "Child Support Enforcement Transmittal #1 - Initial Request" shall be
used as a cover letter to refer an interstate case to a responding state's
interstate central registry (ICR).
(5) The OMB 0970-0085 "Child Support
Enforcement Transmittal #2 - Subsequent Actions" shall be used to request or
provide additional information or documents in previously referred cases. The
CSEA shall not use the "Child Support Enforcement Transmittal #2-Subsequent
Actions" to make an initial referral, only for subsequent communication. This
form shall only be used when CSENet functionality is not available with the
other agency.
(6) The OMB 0970-0085
"Child Support Enforcement Transmittal #3 - Request for Assistance/Discovery"
shall be used to obtain limited assistance with activities such as service of
process, discovery, or genetic testing in cases where a tribunal or CSEA of
this state may exercise personal jurisdiction over a nonresident. A CSEA that
receives a "Child Support Enforcement Transmittal #3 - Request for
Assistance/Discovery" requesting limited assistance from another state shall
not open a case.
(7) The OMB
0970-0085 "Child Support Locate Request" shall be used to request locate
information regarding the parent, employer, wages, or assets of a putative
father or obligor. The CSEA shall not send a "Child Support Locate Request" to
a state with which Ohio has CSENet quick locate capability. If Ohio has CSENet
quick locate capability with a state, the CSEA shall send a CSENet transaction
for quick locate to that state as described in rule
5101:12-70-05.10 of the
Administrative Code. This form may also be used to request locate information
on an obligee since CSENet cannot be used to obtain locate information on
obligees.
(8) The OMB 0970-0085
"Declaration in Support of Establishing Parentage" shall be used to supplement
the "Uniform Support Petition" to summarize the evidence available to establish
parentage. A separate "Declaration in Support of Establishing Parentage" is
required for each child for whom parentage is at issue.
(9) The OMB 0970-0085 "General Testimony"
shall be used to provide detailed information and evidence available to support
the action requested in the "Child Support Enforcement Transmittal #1 - Initial
Request."
(10) The OMB 0970-0085
"Letter of Transmittal Requesting Registration" shall be used to request
registration of an existing order for enforcement and/or modification. The
purpose of the form is to provide specific order information to the responding
state. A separate "Letter of Transmittal Requesting Registration" shall be
prepared for each order for which registration is being requested.
(11) The OMB 0970-0085 "Notice of
Determination of Controlling Order" shall be used to notify the child support
agencies and tribunals in other states of a determination of controlling order
that has been made by a court in Ohio.
(12) The OMB 0970-0085 "Personal Information
Form for UIFSA § 311" shall be used to safeguard the privacy of
individuals by providing a means to record personal information on a separate
document that may be filed with a tribunal, but should not be filed in a public
access file.
(13) The OMB 0970-0085
"Uniform Support Petition" shall be used as a legal pleading to provide the
petitioner with a means to request specific action or relief, show enough facts
to notify the respondent of the claim being made, and to assert that the
responding tribunal has jurisdiction.
(14) The OMB 0970-0152 "Administrative
Subpoena" shall be used to subpoena any financial or other information needed
to establish, modify, or enforce a support order.
(15) The JFS 01132, "Notice of Lien"
(effective or revised effective date as identified in rule
5101:12-55-99 of the Administrative Code) shall be
used to request that a lien be placed on property owned by an obligor in a
state other than Ohio.
(B) The initiating CSEA shall prepare and
send UIFSA petitions consisting of forms described in paragraph (A) of this
rule in the combinations listed in paragraphs (B)(1) to (B)(6) of this rule, to
the ICR in the responding state for the purpose of requesting child support
program actions as follows:
(1) To request the
establishment of paternity and support, the initiating CSEA shall send:
(a) The "Child Support Agency Confidential
Information Form";
(b) The
"Personal Information Form for UIFSA § 311";
(c) The "Child Support Enforcement
Transmittal #1 - Initial Request";
(d) The "Uniform Support Petition";
(e) The "Declaration in Support of
Establishing Parentage"; and
(f)
The "General Testimony."
(2) To request the establishment of a support
order, the initiating CSEA shall send:
(a) The
"Child Support Agency Confidential Information Form";
(b) The "Personal Information Form for UIFSA
§ 311";
(c) The "Child Support
Enforcement Transmittal #1 - Initial Request";
(d) The "Uniform Support Petition";
and
(e) The "General
Testimony."
(3) To
request the modification of a controlling order that was issued in a state
where the obligee or obligor resides, the initiating CSEA shall send:
(a) The "Child Support Enforcement
Transmittal #1 - Initial Request";
(b) The "Uniform Support Petition";
and
(c) The "General
Testimony."
(4) To
request the registration for modification or the registration for modification
and enforcement of a controlling order that was issued in a state other than
the state where the obligee or obligor resides, the initiating CSEA shall send:
(a) The "Child Support Agency Confidential
Information Form";
(b) The
"Personal Information Form for UIFSA § 311";
(c) The "Child Support Enforcement
Transmittal #1 - Initial Request";
(d) The "Uniform Support Petition";
(e) The "General Testimony"; and
(f) The "Letter of Transmittal Requesting
Registration."
(5) To
request the enforcement of a controlling order that was issued in a state where
the obligor resides, the initiating CSEA shall send the "Child Support
Enforcement Transmittal #1 - Initial Request."
(6) To request the registration for
enforcement of a controlling order that was issued in a state other than the
state where the obligor resides, the initiating CSEA shall send:
(a) The "Child Support Agency Confidential
Information Form";
(b) The
"Personal Information Form for UIFSA § 311";
(c) The "Child Support Enforcement
Transmittal #1 - Initial Request"; and
(d) The "Letter of Transmittal Requesting
Registration."
(C) In addition to the forms described in
paragraph (B) of this rule, child support agencies in responding states may
require that other documents be included in a UIFSA petition. The CSEA may
contact the ICR in the state where the UIFSA petition will be sent to determine
whether any additional documents are required.
(D) Forms are available at the office of
child support enforcement (OCSE) website under the international resources
section, for cases with countries for whom the convention on the international
recovery of child support and other forms of family maintenance, concluded at
"The Hague" on November 23, 2007, is in effect.
(E) Forms for cases with countries that are
"Federal Reciprocating Countries" (FRC) with the United States are available at
the OCSE website under the international resources section.