Current through all regulations passed and filed through September 16, 2024
(A) This rule
describes the responsibilities that an initiating or responding child support
enforcement agency (CSEA) has to establish a child support order in
intergovernmental cases. A request to establish a child support order may be
received as a separate request or as part of a request to establish paternity
and support.
(B) A child support
order may be established either by:
(1) Using
long arm jurisdiction, or
(2)
Sending a Uniform Interstate Family Support Act (UIFSA)(2008) petition that requests the establishment of a
child support order from an initiating CSEA to an interstate central registry
(ICR) in a responding state, or to the central authority of another country or
tribe.
(C) The
initiating CSEA shall determine whether long arm jurisdiction shall be used to
establish a child support order. The CSEA and its legal staff should carefully
consider the facts of a case to determine whether one of the conditions
described in Ohio's long arm statute exists. Long arm jurisdiction may exist
over a party living outside the state of Ohio if one or more conditions apply
as described in section
3115.201
of the Revised
Code.
(1) When it determines that long arm
jurisdiction exists and is appropriate, the CSEA shall establish a child
support order pursuant to rule
5101:12-45-05
of the Administrative Code and shall not initiate a UIFSA petition to the
jurisdiction where the obligor lives. It may also use OMB 0970-0085"Transmittal
#3 - Request for assistance/discovery," to request assistance from the child
support agency in the other state with service of process if necessary.
(2) When it determines that long
arm jurisdiction does not exist or would be inappropriate, the CSEA shall
initiate a UIFSA petition to the ICR in the state where the obligor resides, or
to the central authority of another country or tribe within twenty days of
determining that the obligor resides in another jurisdiction.
(D) A responding CSEA has the
following responsibilities:
(1) Immediately
upon receipt from the Ohio ICR of a UIFSA petition that requests the
establishment of a child support order:
(a)
Verify the
residence address of the other party;
(b)
If necessary,
transfer the UIFSA petition to the responding CSEA with administrative
responsibility pursuant to rules
5101:12-10-03
and
5101:12-10-04
of the Administrative Code; and
(c)
Establish a
support order pursuant to section
3115.305 of the Revised
Code.
(2) The
responding CSEA that has administrative responsibility for the case shall take
the following actions within seventy-five days of receipt of the UIFSA
petition:
(a) Notify the child support agency in the
initiating jurisdiction of any additional information needed to proceed with
the case;
(b) Process the case to
the extent possible pending receipt of the additional information needed from
the child support agency in the initiating jurisdiction; and
(c) Complete the case intake process in the
Ohio case registry, support enforcement tracking system (SETS), using
information from the UIFSA petition and any information received from the child
support enforcement network (CSENet) transaction.
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: 3115.201,
3115.203,
3115.304,
3115.305,
3125.03
Prior
Effective Dates: 1/1/98, 3/1/03, 9/1/05,
11/1/11
