5101:12-80-14.2. Assignment and distribution in a Title IV-D/Title IV-E foster care maintenance case

(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 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 not completed because:

(a) During the FCM assignment period all child support is assigned and retained by the state; and

(b) Upon the termination of the FCM assignment period:

(i) Any permanently assigned child support arrears remain permanently assigned child support arrears; and

(ii) Assigned futures sweep to unassigned futures.

(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 an FCM non-waiver case.

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.

Replaces: Part of 5101:12-80-14, Part of 5101:12-80- 14.1

Five Year Review (FYR) Dates: 09/22/2015 and 09/22/2020
Promulgated Under: 119.03
Statutory Authority: 3125.25, 5107.05
Rule Amplifies: 3121.43, 3123.19, 5107.20
Prior Effective Dates: 8/1/75, 5/21/79, 8/1/82, 12/1/86, 12/1/87, 8/1/90, 6/1/93, 3/9/01, 9/20/01, 6/15/06, 10/1/09

Prior History: (Effective: 10/01/2009
R.C. 119.032 review dates: 10/01/2014
Promulgated Under: 119.03
Statutory Authority: 3125.25, 5107.05
Rule Amplifies: 3121.43, 3123.19, 5107.20
Prior Effective Dates: 8/1/75, 5/21/79, 8/1/82, 12/1/86, 12/1/87, 8/1/90, 6/1/93, 3/9/01, 9/20/01, 6/15/06 )