5101:12-55-03.1 Identification of default and notice to obligor of default and potential action.

 

 

 

5101:12-55-03.1          Identification of default and notice to obligor of default and potential action.

 

 

 

(A)At the end of each month, the support enforcement tracking system (SETS) identifies all obligors that appear to meet the default criteria, whether or not the obligor is part of a Title IV-D case as defined in section 3125.01 of the Revised Code. The office of child support (OCS) in the Ohio department of job and family services (ODJFS) shall issue, through SETS, a JFS 04049, "Notice to Obligor of Default and Potential Action," (rev. 05/2005) to the obligor who has been identified as being in default. The JFS 04049 shall be sent to the obligor's last known address by regular mail within fifteen days after the identification of default. The JFS 04049 is the default notice described in section 3123.03 of the Revised Code and contains all information required by section 3123.03.1 of the Revised Code.

 

Pursuant to section 3123.03.4 of the Revised Code, a JFS 04049 issued under section 3123.03 of the Revised Code as that section existed prior to the effective date of section 3123.03.4 of the Revised Code shall be treated the same as a default notice issued under section 3123.03 of the Revised Code.

 

After a JFS 04049 is issued and if the obligor remains in default, the CSEA may issue a subsequent JFS 04049.

 

(B)Immediately upon identification of default, SETS will automatically issue a JFS 04047, "Order/Notice to Withhold Income for Child and Spousal Support," (rev. 12/2002) to the obligor's payor. The JFS 04047 shall include a payment on arrears. If a payment on arrears does not exist, a new payment on arrears shall be added to the support order in an amount that represents twenty percent of the current support obligation in accordance with section 3123.06.1 of the Revised Code. SETS will automatically add a new payment on arrears to the support order if one does not exist.

 

(C)In accordance with section 3123.02.2 of the Revised Code:

 

(1)A JFS 04047 that had been issued upon the identification of default does not affect the obligor's right to request an administrative mistake of fact hearing; and

 

(2)The CSEA shall not alter or terminate a JFS 04047 that had been issued upon the identification of default should the obligor timely file a request for an administrative mistake of fact hearing.

 

(D)The JFS 04049 advises the obligor of the right to contest the default and any new payment on arrears by requesting an administrative mistake of fact hearing. The obligor must file the request for an administrative mistake of fact hearing with the CSEA with administrative responsibility within seven business days of the date the JFS 04049 is sent. The CSEA may deny a request for an administrative mistake of fact hearing if the request is not timely filed.

 

 

 

(E) Pursuant to section 3123.07 of the Revised Code, the failure of OCS to issue the JFS 04049 does not affect the ability of any CSEA to issue any notice or order for the payment of support, does not provide any defense to any notice or order for the payment of support, and does not affect any obligation to pay support.

Replaces:                                                     Part of 5101:1-30-42.8

Effective:                                                     09/01/2005

R.C. 119.032 review dates:                         09/30/2008

CERTIFIED ELECTRONICALLY

Certification

07/25/2005

Date

Promulgated Under:                           119.03

Statutory Authority:                           3125.25

Rule Amplifies:                                  3123.022, 3123.03, 3123.031, 3123.034, 3123.061,

3123.07, 3125.01

Prior Effective Dates:                         5/14/77, 8/1/82, 5/1/87, 10/1/87, 12/20/88, 9/1/89,

12/16/89, 8/1/90, 10/9/90, 4/1/91, 7/15/92, 6/1/93,

10/7/93, 12/31/93, 1/1/95, 7/1/96, 1/1/98, 12/1/01,

5/19/02