5101:12-70-05.8 Enforcement of a support order in an intergovernmental case.

 

 

 

5101:12-70-05.8          Enforcement of a support order in an intergovernmental case.

 

 

 

(A)   This rule describes the responsibilities that an initiating or responding child support enforcement agency (CSEA) has to enforce support orders in intergovernmental cases.

 

(B)     When two or more support orders exist, only the support order that has been determined to be the controlling order may be enforced. Therefore, before any action is taken to enforce a support order, the initiating CSEA shall conduct an investigation to identify the number of support orders that may exist in the case and take any necessary steps as described in rule 5101:12-70-05.3 of the Administrative Code.

 

(C)   Support orders in intergovernmental cases in interstate cases may be enforced either by:

 

(1)     Sending a direct income withholding as described in sections 3115.32 to 3115.37 of the Revised Code, if it is verified that an obligor is employed or receives income in another state and a determination is made that direct income withholding is appropriate; or Sending a direct income withholding as described in sections 3115.501 to 3115.507 of the Revised Code, if it is verified that an obligor is employed or receives income in another state and the CSEA determines that direct income withholding is available and appropriate; or

 

(2)   Sending a Uniform Interstate Family Support Act (UIFSA)(2008) petition that requests the enforcement of support from an initiating CSEA to an interstate central registry(ICR) in a responding state, or to the central authority of another country or tribe.

 

(D)A CSEA shall determine whether direct income withholding is available and appropriate to enforce a controlling order. Prior to sending the income withholding notice, the CSEA shall verify that the laws of the state where the obligor's payor is located permit the direct withholding of the type of income being received.

 

(D)An initiating CSEA shall determine whether direct income withholding is appropriate to enforce a controlling order. Prior to sending the income withholding notice, the CSEA shall verify that the laws of the state where the obligor's payor is located permit the direct withholding of the type of income being received.

 

(E)   An initiatingA CSEA shall have the following responsibilities when it determines that direct income withholding is appropriate:

 

(1)       It   shall   prepare   an   income   withholding   notice   as   described   in   rule

 

 

 

5101:12-50-10.2 of the Administrative Code; and

(2)   It shall send the income withholding notice directly to the obligor's payor in the other state.

(F)    An initiating CSEA shall have the following responsibilities when it is unable to verify a source of income for the obligor or when it determines that direct income withholding is inappropriate:

(1)    Prepare a UIFSA petition within twenty days of determining that an obligor resides in another jurisdiction; and

(2)     When the controlling order has been issued by the state where the obligor resides, send a UIFSA petition requesting enforcement of the controlling order to the ICR in that state; or

(3)   When the controlling order has been issued by a state other than the state where the obligor resides, take each of the following actions:

(a)    Obtain a certified copy of the controlling order, and all modifications of the controlling order including certified payment records for which the registration is being requested;

(b)     Prepare a UIFSA petition that requests registration of the controlling order; and

(c)   Send the UIFSA petition to the ICR in the state where the obligor lives or has propertyresides or has assets, or to the central authority of another country or tribe.

(G)   UIFSA petitions requesting the registration of a support order for enforcement may be sent simultaneously to any state where the obligor lives or has propertyresides or has income or assets. A CSEA must maintain records of all actions taken to enforce a support order using the registration process described in this rule.

(H)  A responding CSEA has the following responsibilities:

(1)    Immediately upon receipt from the Ohio ICR of a UIFSA petition from the Ohio ICR, which requests the enforcement of a controlling order, verify the residence address of the obligor and:

(a)   When the CSEA has verified that the obligor resides in the same county as the responding CSEA, the CSEA shall take the actions requested in the petition; or

(b)     When the CSEA has verified that the obligor has moved to another county, the CSEA may transfer the petition to the CSEA with administrative responsibility as described in rule 5101:12-10-03 of the Administrative Code; orshall:

(i) Determine which county has administrative responsibility pursuant to rules 5101:12-10-03 and 5101:12-10-04 of the Administrative Code;

(ii) Determine if a transfer is required, and forward the forms and documentation to the county with administrative responsibility; and

(iii) Notify the initiating agency and the Ohio ICR of the transfer.

(c)   When the CSEA has verified that a support order exists in a different Ohio county, the CSEA may transfer the petition to the CSEA with administrative responsibility as described in rule 5101:12-10-03 of the Administrative Code.shall:

(i) Determine which county has administrative responsibility pursuant to rules 5101:12-10-03 and 5101:12-10-04 of the Administrative Code;

(ii) Determine if a transfer is required, and forward the forms and documentation to the county with administrative responsibility; and

(iii) Notify the initiating agency and the Ohio ICR of the transfer.

(2)   The responding CSEA with 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.

(3)    Register the controlling order if all information necessary to register the order has been received. A controlling order that is registered and confirmed in Ohio is enforceable in the same manner and subject to the same procedures as an order issued by Ohio.

(I)   When all of the parties to a case reside in Ohio and the controlling order exists in a jurisdiction other than Ohio, the controlling order may be registered  for enforcement in Ohiopursuant to sections 3115.601 to 3115.616 of the Revised Code by the CSEA with administrative responsibility as described in rule 5101:12-10-04 of the Administrative Code. In these circumstances:

(1) The initiating CSEA shall be the CSEA that has an open case for the obligee, or, if there is no open case, the county where the obligee resides. The initiating CSEA has the following responsibilities:

(a) Obtain a certified copy of the controlling order and all modifications of the controlling order including certified payment records for which the registration is being requested;

(b) Prepare a UIFSA petition requesting registration of the controlling order;

(c) Send the UIFSA petition to the responding CSEA in the county where the obligor resides; and

(d)Transfer the support enforcement tracking system (SETS) case, or, if unable to transfer the case, close the SETS case in order to allow the responding CSEA to open a new case in SETS.

(2) The CSEA in the county where the obligor resides shall be the responding CSEA and has the following responsibilities:

(a) Notify the initiating CSEA of any additional information that is needed to proceed with the case;

(b) Process the case to the extent possible pending receipt of the additional information needed from the initiating CSEA;

(c) Complete case intake process in SETS using information from the UIFSA

petition and any information received from the CSENet transaction;

(d)Register  the  controlling  order  for  enforcement  pursuant  to  sections 3115.39 to 3115.51 of the Revised Code.

(3) When the obligor and obligee reside in the same county, the CSEA in that county shall:

(a) Obtain a certified copy of the controlling order and all modifications of the controlling order including certified payment records for which the registration is being requested; and

(b) Register the controlling order pursuant to sections 3115.39 to 3115.51 of the Revised Code.

Effective:                                                             07/01/2016

Five Year Review (FYR) Dates:                         03/22/2016 and 07/01/2021

CERTIFIED ELECTRONICALLY

Certification

06/01/2016

Date

Promulgated Under:                           119.03

Statutory Authority:                           3125.25

Rule Amplifies:                                  3115.206, 3115.304, 3115.305, 3115.307, 3115.602,

3115.603 and 3125.03

Prior Effective Dates:                         1/1/98, 3/1/03, 9/1/05, 11/1/11