Ohio Administrative Code
Title 5101:12 - Child Support
Chapter 5101:12-80 - CSPC System
Section 5101:12-80-10 - Allocation hierarchy for support collections
Universal Citation: OH Admin Code 5101:12-80-10
Current through all regulations passed and filed through September 16, 2024
(A) All support collections shall allocate according to the standard hierarchy described in this rule except as follows:
(1) When a support collection is received
from unemployment compensation, the collection shall not allocate to spousal
support, processing charges, or debt.
(2) When a support collection is received
from a state income tax refund offset, the collection shall not allocate to
processing charges or debt.
(3)
When a support collection is received from a federal income tax refund offset,
the collection shall allocate in accordance with rule 5101:12-80-10.1 of the
Administrative Code.
(B) Unless otherwise noted, the following definitions are applicable to all rules in Chapter 5101:12-80 of the Administrative Code:
(1) "Accrue" means to add the unpaid portion
of the current obligation to any previously accumulated arrears.
(2) "Arrears" means the cumulative amount of
any unpaid current obligation, unpaid processing charges, and any other debt
owed by the obligor.
(3) "Assigned
arrears" means:
(a) Child, past care, or
spousal support arrears that are assigned to the Ohio department of job and
family services (ODJFS) pursuant to a public assistance assignment.
(b) Child support arrears that are assigned
to ODJFS pursuant to a Title IV-E foster care maintenance (FCM) assignment.
(c) Medical support arrears that
are assigned to ODJFS pursuant to a medicaid assignment.
(4) "Conditionally assigned arrears" means
child, past care, or spousal support arrears that accrued before the child or
family received public assistance when the assignment was entered into before
October 1, 2009.
(a) "Assigned conditionally
assigned arrears" means arrears that accrued before the child or family
received public assistance and are temporarily assigned to ODJFS while the
child or family currently receives public assistance.
(b) "Unassigned conditionally assigned
arrears" means the child or family no longer receives public assistance so the
arrears are unassigned unless the collection is from a federal tax refund
offset. When the collection is from a federal tax refund offset, the arrears
are assigned to ODJFS.
(5) "Current obligation" means the amount the
obligor is ordered to pay each month for any of the following:
(a) Current child support.
(b) Current spousal support.
(c) Current cash medical support.
(d) Current ongoing medical support.
Current obligation does not include arrears, debt, processing charges, or other charges.
(6) "Debt," for the purposes of this rule and
its supplemental rules, means an amount owed by the obligor for any of the
following:
(a) Attorney fees.
(b) Court costs.
(c) Filing fees.
(d) Genetic testing costs.
(e) Interest.
(f) Other fees.
(7) "Determination," for the purposes of this
rule and its supplemental rules, means the amount of arrears or other debt has
been established by the default process as described in Chapter 5101:12-55 of
the Administrative Code, court order(s), or other legally-binding process.
A determination is also referred to as an "adjudication."
(8)
"Futures" means support collections received that exceed the current obligation
and all ordered payments, arrears, debts and balances.
(a) "Assigned futures" means futures that
accrue while the family or child receive public assistance or the child
receives FCM benefits.
(b)
"Unassigned futures" means futures that accrue while the family is not
receiving public assistance and the child is not receiving public assistance or
FCM benefits.
(9) "Never
assigned arrears" means:
(a) Child, past care,
or spousal support arrears that accrue while the child or family does not
receive public assistance.
(b)
Child support arrears that accrue while the child does not receive FCM
benefits.
(c) Unassigned
pre-assistance arrears.
(10) "Ordered payment" means a monthly
payment obligation based upon a determination.
(11) "Past care support" means an amount a
court orders pursuant to division (F) of section
3111.13 of the Revised Code for
the obligor to pay for the support of a child for the period of time before the
establishment of a child support order.
"Past care support" does not include child support arrears that accrue because of failure to pay or because a support order has an effective date that is before the date the support order is journalized.
(12) "Permanently assigned
arrears" means:
(a) Child, past care, or
spousal support arrears that accrued before or while the child or family
received public assistance, when the public assistance assignment was entered
into before October 1, 1997.
(b)
Child, past care, or spousal support arrears that accrue while the child or
family receives public assistance, when the public assistance assignment is
entered into on or after October 1, 1997.
(c) In an FCM case:
(i) Child support arrears that accrue while
the child receives FCM benefits; and
(ii) Child support arrears that accrued
before the child was receiving FCM benefits that are assignable, as described
in rule 5101:12-80-14.2 of the Administrative Code.
(13) "Public assistance," means
Ohio works first and aid to families with dependent children
benefits.
(14) "Unassigned arrears"
means arrears that are not assigned pursuant to a public assistance, FCM, or
medicaid assignment.
(a) "Unassigned during
assistance arrears" means the amount of permanently assigned arrears that
exceed the URA amount when the child or family stops receiving public
assistance.
Unassigned during assistance arrears do not accrue.
(b) "Unassigned pre-assistance
arrears" means the amount of previously assigned arrears that accrued before
the family or child received public assistance or before the child received FCM
benefits and that exceed the URA amount when:
(i) The child or family stops receiving
public assistance; or
(ii) The
child stops receiving FCM benefits, in accordance with paragraph (D) of rule
5101:12-80-14.2 of the Administrative Code.
Unassigned pre-assistance arrears are converted to never assigned arrears when public assistance or FCM benefits stop.
(15) "Unreimbursed
assistance" has the same meaning as in rule
5101:12-80-09
of the Administrative Code.
(C) In accordance with paragraph (A) of this rule, support collections shall allocate:
(1)
First to the current obligation in the following order:
(a) Child support;
(b) Spousal support;
(c) Cash medical support;
(d) Ongoing medical support;
(2) Then to ordered payments in
the following order:
(a) Child support
arrears;
(b) Past care
support;
(c) Spousal support
arrears;
(d) Cash medical support
arrears;
(e) Ongoing medical
support arrears;
(f) Reimbursement
for birth costs ordered to be paid to ODJFS;
(g) Reimbursement for medical expenses other
than birth costs ordered to be paid to ODJFS;
(h) Reimbursement for medical expenses
ordered to be paid to an individual other than ODJFS;
(3) Then to processing charges for the
current obligation when the case has an active income withholding
notice.
(4) Then according to the
following hierarchy:
(a) For a case not
currently receiving public assistance or FCM benefits:
(i) First to never assigned arrears in the
following order:
(a) Child support;
(b) Past care support;
(c) Spousal support;
(ii) Then to unassigned conditionally
assigned arrears in the following order:
(a)
Child support;
(b) Past care
support;
(c) Spousal
support;
(iii) Then to
permanently assigned arrears in the following order:
(a) Child support;
(b) Past care support;
(c) Spousal support;
(iv) Then to assigned medical support arrears
in the following order:
(a) Cash medical
support;
(b) Ongoing medical
support;
(c) Reimbursement for
birth costs ordered to be paid to ODJFS;
(d) Reimbursement for medical expenses other
than birth costs ordered to be paid to ODJFS;
(v) Then to unassigned during assistance
arrears in the following order:
(a) Child
support;
(b) Past care
support;
(c) Spousal
support;
(vi) Then to
unassigned medical support arrears in the following order:
(a) Cash medical support;
(b) Ongoing medical support;
(c) Reimbursement for medical expenses
ordered to be paid to an individual other than ODJFS;
(b) For a case currently receiving
public assistance or FCM benefits:
(i) First
to permanently assigned arrears in the following order:
(a) Child support;
(b) Past care support;
(c) Spousal support;
(ii) Then to assigned conditionally assigned
arrears in the following order:
(a) Child
support;
(b) Past care
support;
(c) Spousal
support;
(iii) Then to
unassigned conditionally assigned arrears in the following order:
(a) Child support;
(b) Past care support;
(c) Spousal support;
(iv) Then to never assigned arrears in the
following order:
(a) Child support;
(b) Past care support;
(c) Spousal support;
(v) Then to assigned medical support arrears
in the following order:
(a) Cash medical
support;
(b) Ongoing medical
support;
(c) Reimbursement for
birth costs ordered to be paid to ODJFS;
(d) Reimbursement for medical expenses other
than birth costs ordered to be paid to ODJFS;
(vi) Then to unassigned during assistance
arrears in the following order:
(a) Child
support;
(b) Past care
support;
(c) Spousal
support;
(vii) Then to
unassigned medical support arrears in the following order:
(a) Cash medical support;
(b) Ongoing medical support;
(c) Reimbursement for medical expenses
ordered to be paid to an individual other than ODJFS;
(5) Then to processing
charges for the current obligation when the case does not have an active income
withholding notice;
(6) Then to
ordered payments on debt in the following order:
(a) Genetic testing fees;
(b) Court costs;
(c) Filing fees;
(d) Attorney fees;
(e) Other fees;
(f) Interest on unassigned arrears;
(g) Interest on assigned arrears;
(h) Interstate processing
fees;
(7) Then to
processing charge arrears;
(8) Then
to debt in the following order:
(a) Genetic
testing fees;
(b) Court
costs;
(c) Filing fees;
(d) Attorney fees;
(e) Other fees;
(f) Interest on unassigned arrears;
(g) Interest on assigned arrears;
(h) Interstate processing
fees;
(9) Then any
remaining funds shall:
(a) Allocate to the
current obligation(s) for the future month(s); or
(b) Be issued to the obligor when:
(i) The current obligation has been
terminated or the current obligation is zero but collections continue to be
received;
(ii) The collection is
from an Ohio state income tax refund offset;
(iii) The collection is from unemployment
compensation;
or
(iv)
The collection is appropriately identified as a lump
sum payment.
Effective: 2/1/2016
Five Year Review
(FYR) Dates: 09/23/2015 and
02/01/2021
Promulgated
Under: 119.03
Statutory
Authority: 3119.51,
3121.71,
3125.25
Rule
Amplifies: 3119.27,
3119.30,
3121.07,
3121.43,
3121.51,
3121.56,
3121.58,
3123.821,
3125.03,
3125.05,
5160.38,
5107.20
Prior
Effective Dates: 1/1/98, 9/20/01, 9/1/03, 6/15/06, 10/1/09,
5/1/11
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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