Ohio Administrative Code
Title 5101:12 - Child Support
Chapter 5101:12-80 - CSPC System
Section 5101:12-80-14.2 - Assignment and distribution in a Title IV-D/Title IV-E foster care maintenance case
Universal Citation: OH Admin Code 5101:12-80-14.2
Current through all regulations passed and filed through September 16, 2024
(A) The purpose of this rule is to describe the provisions of assignment and distribution in a Title IV-D/Title IV-E foster care maintenance (FCM) case.
(B) Upon the effective date of the FCM assignment period:
(1) Current child support is assigned to
Ohio department of job and family services
(ODJFS).
(2) Never assigned child support arrears
sweep to permanently assigned child support arrears.
(C) The following definitions are applicable to this rule:
(1) "FCM non-waiver case" means
a case in which distribution is completed using:
(a) The actual IV-E grant amount, when the
amount is available; or
(b) A
predetermined average IV-E grant amount, when the actual IV-E grant amount is
not available.
(2) "FCM
waiver case" means a case in which distribution is completed using:
(a)
The actual IV-E grant amount, when the
amount is available, based on their reimbursable maintenance costs;
or
(b)
A predetermined average IV-E grant
amount, when the actual IV-E grant amount is not available.
(3) "Grant amount" means the amount of Title
IV-E funds the Title IV-E agency spends on an FCM-eligible child in a calendar
month.
(a) "Actual IV-E grant amount" means
the actual amount of funds spent on a child in a calendar month.
(b) "Average IV-E grant amount" means a
predetermined average amount of funds spent on a child in a calendar
month.
(D) Distribution in both FCM non-waiver and waiver cases.
In a current assistance case, support collections shall be distributed as follows:
(1) Current
obligation.
(a) The amount collected for and
applied to the current obligation that is less than or equal to the current
month's grant amount shall be retained and used to reimburse the current
month's grant.
(b) Following
reimbursement, the balance of the current month's grant shall be added to the
unreimbursed assistance (URA) amount. The amount collected that is greater than
the current month's grant amount shall be owed to the Title IV-E
agency.
(2) Arrears.
(a) The amount collected for and applied to
arrears that is less than or equal to the URA amount shall be retained and used
to reimburse the URA.
(b) The
amount collected for and applied to arrears that is greater than the URA amount
shall be owed to the Title IV-E agency.
(3) Futures.
The amount collected for and applied to assigned futures shall be held and applied to the current obligation(s) in the following month(s).
(4) Upon the
termination of the FCM assignment period:
(a)
Any amount of permanently assigned child support arrears that are greater than
the URA amount shall sweep to never assigned child support arrears;
and
(b) Assigned futures shall
sweep to unassigned futures.
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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