5101:12-55-03.2 Default investigation.
(A)In accordance with section 3123.02 of the Revised Code, immediately after an obligor has been identified as being in default, the child support enforcement agency (CSEA) shall conduct an investigation to determine:
(1)Whether the obligor is in default;
(2) The amount of any arrears;
(3) The employment status of the obligor;
(4) The obligor's social security number;
(5)The name and business address of the obligor's employer or other source of income; and
(6)Any other information necessary for the CSEA to issue a JFS 04047, "Order/Notice to Withhold Income for Child and Spousal Support," (rev. 12/2002), cash bond order, or order to seek employment or participate in work activity described in section 3121.03 of the Revised Code.
(B)The CSEA may also investigate whether the obligor owns any real or personal property; has funds in a financial institution account as indicated on the financial institution data match report; has a professional, recreational, or driver's license; or any other information necessary to enforce the support order.
(C)The CSEA shall complete the investigation regarding whether the obligor is in default and the amount of arrears before the JFS 04049, "Notice to Obligor of Default and Potential Action," (rev. 05/2005) is issued by the support enforcement tracking system (SETS).
(D)When the CSEA concludes the investigation and determines that no default exists, the CSEA shall terminate the default proceedings. If a JFS 04047 was issued upon the identification of default, the CSEA shall revise the JFS 04047 to collect current support only.
(E)In accordance with section 3123.03.2 of the Revised Code, if the obligor does not timely request an administrative mistake of fact hearing, then the JFS 04049 is considered a final and enforceable determination of default and of the arrears owed as a result of the default.
5101:12-55-03.2 2
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: 3121.03, 3123.02, 3123.031, 3123.032, 3123.04,
3123.05, 3123.06, 3125.03
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
Document Information
- Effective Date:
- 9/1/2005
- File Date:
- 2005-07-25
- Last Day in Effect:
- 2005-09-01
- Rule File:
- 5101$12-55-03$2_PH_FF_N_RU_20050725_1639.pdf
- Related Chapter/Rule NO.: (1)
- Ill. Adm. Code 5101:12-55-03.2. Default investigation