Ohio Administrative Code
Title 5101:12 - Child Support
Chapter 5101:12-70 - Intergovernmental Cases
Section 5101:12-70-05.3 - Requirements for initiating CSEA in intergovernmental cases
Universal Citation: OH Admin Code 5101:12-70-05.3
Current through all regulations passed and filed through September 16, 2024
(A) This rule describes the requirements that an initiating child support enforcement agency (CSEA) shall follow when processing an intergovernmental case.
(B) In addition to the general responsibilities described in rule 5101:12-70-05.1 of the Administrative Code, the initiating CSEA has the following responsibilities:
(1) Determine whether a child support
order(s) exists in a case using the federal and state case registries, state
records, information provided by the recipient of services, and other relevant
information available to the CSEA;
(2) Determine in which state a determination
of the controlling order and reconciliation of arrearages may be made where
multiple orders exist;
(3)
Determine whether the obligor is in another jurisdiction and whether it is
appropriate to use long arm jurisdiction to establish paternity and establish,
modify, and enforce a support order, including medical support and income
withholding;
(4) Within twenty days
of completing the actions required in paragraphs (B)(1) to (B)(3) of this rule
and receiving any necessary information needed to process the case
refer the case to the
appropriate state central registry, tribal IV-D program, or central authority
of a county for action, if one-state remedies are not appropriate.
(5)
Provide the responding agency sufficient and accurate information to act on the
case by submitting with each Uniform Interstate Family Support Act (UIFSA)(2008) petition any necessary documentation and
intergovernmental forms required by the responding agency;
(6) Within thirty days of receipt of the
request for information, provide the responding agency with an updated
intergovernmental form and any necessary additional documentation, or notify
the responding agency when the information will be provided;
(7) Notify the responding agency at least
annually, and upon request in an individual case, of interest charges, if any,
owed on overdue support under an initiating state's order being enforced in the
responding jurisdiction;
(8) Submit
all past-due support owed in IV-D cases that meet the certification
requirements for federal tax offset;
(9) Send a request for review and adjustment
of a child support order to another jurisdiction
within twenty days of determining that a request for review and adjustment
should be sent to the other state, including any
needed information from the requestor;
(10) Distribute and disburse any support
collections received;
(11) Notify
the responding agency within ten business days of case closure pursuant to rule
5101:12-10-70
of the Administrative Code and the reason(s) for such action;
(12) Instruct the responding agency to close
its intergovernmental case and to stop any withholding
notice the responding agency has sent to a payor before the CSEA sends a
withholding notice, unless the two jurisdictions
reach an alternative agreement on how to proceed; and
(13) When the CSEA has closed its case and
has not notified the responding agency to close its corresponding case, the
CSEA shall make a diligent effort to locate the obligee, including use of the
federal parent locator service and the state parent locator service, and
accept, distribute and disburse any payment received from a responding
agency.
(C) Notification requirements for the initiating CSEA include:
(1) Send a copy of a notice received from a
court to an obligee within two business days of receiving it from the
court;
(2) Send a copy of a written
communication from the obligor or the obligor's attorney to the obligee within
two business days of receiving it from the court;
(3) Notify the obligee within ten business
days if jurisdiction over the obligor cannot be obtained;
(4) Furnish a certified statement by the
custodian of the record of the amounts and dates of all payments received to a
requesting party or child support agency of another state. The CSEA may use a
stamp on the record to indicate that it is a true and accurate statement of
arrears.
Effective: 7/1/2016
Five Year Review
(FYR) Dates: 03/22/2016 and
07/01/2021
Promulgated
Under: 119.03
Statutory
Authority: 3125.25
Rule
Amplifies: 3115.304,
3115.305,
3115.307
Prior
Effective Dates: 08/22/88 (Emer), 11/11/88, 1/1/98, 3/1/03, 9/1/05, 1/1/06,
8/1/08, 11/1/11
Disclaimer: These regulations may not be the most recent version. Ohio may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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