5101:12-1-10. Definitions

(A) The following definitions apply to the rules contained in division 5101:12 of the Administrative Code:

(1) "Case" refers to a matter involving the individual who is or may become obligated by a support order and the beneficiary of that support order.

(a) "IV-D case" means a case that has been approved for IV-D services by a child support enforcement agency (CSEA) in accordance with rule 5101:12-10-01.1 of the Administrative Code.

(b) "Non-IV-D case" means a case that has not been approved for IV-D services or a case for which IV-D services have been terminated.

(2) "Issued," when used in reference to notices, decisions, and other documents, means the date listed on the document unless it is otherwise indicated in the case record that the document was sent by U.S. mail or hand-delivered on a date later than the date stated on the document.

(3) "IV-D services" means services provided pursuant to title IV-D of the "Social Security Act," 88 Stat. 2351 (1975), 42 U.S.C. 651 (8/22/1996). IV-D services include:

(a) All support enforcement program services;

(b) Federal income tax refund offset submittals for the collection of support arrears;

(c) Withholding of unemployment compensation for the payment of support;

(d) Requests to the internal revenue service for the disclosure of taxpayer information for use in establishing and collecting support obligations;

(e) Requests to the U.S. department of treasury for the administrative offset of certain federal payments other than federal income tax refund offset for the collection of delinquent support; and

(f) Requests for certification to the U.S. district court when another state has failed to act on an Ohio support order.

(4) "Support enforcement program services" include:

(a) Location services as described in Chapter 5101:12-20 of the Administrative Code;

(b) Establishment of parentage as described in Chapters 5101:12-40 and 5101:12-70 of the Administrative Code;

(c) Establishment and modification of child support orders and medical support orders as described in Chapters 5101:12-45, 5101:12-60, and 5101:12-70 of the Administrative Code;

(d) Enforcement of support orders as described in Chapters 5101:12-50 and 5101:12-70 of the Administrative Code;

(e) Collection of support obligations as described in Chapter 5101:12-80 of the Administrative Code; and

(f) Any other actions appropriate to child support enforcement.

(5) "Support order" means:

(a) Pursuant to 42 U.S.C. 653(p) (9/29/2014), and as used in Title IV-D of the Social Security Act, a judgment, decree, or order, whether temporary, final, or subject to modification, issued by a court or an administrative agency of competent jurisdiction, for the support and maintenance of a child, including a child who has attained the age of majority under the law of the issuing state, or of the parent with whom the child is living, that provides for monetary support, health care, arrearages, or reimbursement, and that may include related costs and fees, interest and penalties, income withholding, attorneys' fees, and other relief; and

(b) In accordance with division (B)(5) of section 3119.01 of the Revised Code and as used in Chapters 3119., 3121., 3123., and 3125. of the Revised Code, either an administrative child support order or a court support order.

(i) Pursuant to division (B)(1) of section 3119.01 of the Revised Code, "administrative child support order" means any order issued by a child support enforcement agency for the support of a child pursuant to section 3109.19 or 3111.81 of the Revised Code or former section 3111.211 of the Revised Code, section 3111.21 of the Revised Code as that section existed prior to January 1, 1998, or section 3111.20 or 3111.22 of the Revised Code as those sections existed prior to March 22, 2001.

(ii) In accordance with division (C)(3) of section 3119.01 of the Revised Code, "court support order" means either a court child support order or an order for the support of a spouse or former spouse issued pursuant to Chapter 3115. of the Revised Code, section 3105.18, 3105.65, or 3113.31 of the Revised Code, or division (B) of former section 3113.21 of the Revised Code.

(B) The time within which an act is required by law to be done shall be computed by excluding the first and including the last day; except that, when the last day falls on Sunday or a legal holiday, the act may be done on the next succeeding day that is not Sunday or a legal holiday. When a public office in which an act, required by law, is to be performed is closed to the public for the entire day that constitutes the last day for doing the act or before its usual closing time on that day, the act may be performed on the next succeeding day that is not a Sunday or a legal holiday as defined in section 1.14 of the Revised Code.

Replaces: 5101:12-1-10

Effective: 2/11/2019
Five Year Review (FYR) Dates: 02/11/2024
Promulgated Under: 119.03
Statutory Authority: 3125.25
Rule Amplifies: 3105.21, 3109.05, 3111.13, 3113.04, 3113.07, 3119.65, 3119.70
Prior Effective Dates: 08/01/1982, 11/11/1982, 07/01/1983, 01/01/1984, 12/01/1987, 07/15/1988, 06/02/1989, 09/01/1989, 10/01/1990, 04/01/1992, 07/01/1996, 02/22/2002, 07/01/2002, 06/15/2006, 03/01/2012