5101:12-50-10 Income withholding or income deduction.

 

 

 

5101:12-50-10             Income withholding or income deduction.

 

 

 

(A)This rule and its supplemental rules describe the requirements for implementing income withholding or deduction using either an income withholding notice pursuant to federal regulations found at 45 C.F.R. 303.100, effective May 12, 2003, or an income deduction notice pursuant to sections 3121.03 to 3121.05 of the Revised Code.

 

(B)The following definitions, as well as those found in section 3121.01 of the Revised Code, apply to this rule and other rules in this chapter:

 

(1)"Addendum notice" means the JFS 04048, "Addendum Withholding Notice To Parties To A Support Order" (rev. 11/2001). This notice is sent to an obligee and an obligor whenever an income withholding notice or income deduction notice is issued;

 

(2)"Income deduction notice" means a JFS 04047, "Order/Notice to Withhold Income for Child and Spousal Support" (rev. 12/2002), which has been issued to a financial institution requiring the on-going, periodic deduction of income from an account in the name of an obligor;

 

(3)"Income withholding notice" means a JFS 04047, "Order/Notice to Withhold Income for Child and Spousal Support" (rev. 12/2002), which has been issued to a payor requiring the withholding of income in the possession of the payor that the obligor is entitled to receive;

 

(4)"Mistake of fact" means an error in the amount of current or overdue support or in the identity of the obligor;

 

(5)"Personal earnings" has the same meaning as in section 3119.01 of the Revised Code;

 

(6)"Support order" means, for purposes of this rule and the other rules in this chapter, either an administrative child support order or a court support order. A court support order may include child support, spousal support, and other orders; and

 

(7)"Willfully" means, for purposes of this rule and the other rules in this chapter, an action taken voluntarily and intentionally by a payor with a specific intent to take an action or fail to take an action.

 

(C)This rule's supplemental rules cover the following topics:

 

(1)Income which may be withheld or deducted;

 

(2)Child support enforcement agency's responsibility for income withholding or income deduction;

 

 

 

(3) Payor's responsibility for income withholding;

(4) Financial institution's responsibility for income deduction;

(5) Enforcement of income withholding and income deduction notices; and

(6) Obligor and obligee's responsibilities under an income withholding or income deduction notice.

(D) Withholding of an obligor's income or the on-going, periodic deduction of an obligor's assets from a financial institution using the JFS 04047, "Order/Notice to Withhold Income for Child and Spousal Support" (rev. 12/2002), is required to ensure the collection of current support and any arrears that exist.

(E) A withholding or deduction requirement contained in a JFS 04047 has priority over any orders of attachment, any order in aid of execution, and any other legal process issued under state law against the same earnings, payments, or account.

Replaces:                                                     Part of 5101:1-30-41.3

Effective:                                                     09/01/2005

R.C. 119.032 review dates:                         09/30/2007

CERTIFIED ELECTRONICALLY

Certification

07/25/2005

Date

Promulgated Under:                           119.03

Statutory Authority:                           3125.25

Rule Amplifies:                                  3121.01

Prior Effective Dates:                         1/1/87 (Emer), 3/20/87, 12/1/87, 3/18/91, 7/15/92,

12/31/93, 1/1/95, 6/21/96, 7/22/96, 1/1/98, 12/1/01