5101:12-70-05 Scope and definitions for intergovernmental cases.

 

 

 

5101:12-70-05             Scope of rule and definitions for interstate case processing.

 

 

 

(A)This rule and its supplemental rules shall govern the procedures for processing interstate cases.

 

(B)Initiating or responding child support enforcement agencies (CSEAs) as defined in paragraph (D)(5) and (D)(8) of this rule shall process interstate cases in accordance with these rules, federal regulations found at 45 C.F.R. 303.7 effective May 12, 2003, and provisions of the Uniform Interstate Family Support Act (UIFSA) enacted as sections 3115.01 to 3115.59 of the Revised Code. Each state was required to enact UIFSA verbatim by the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA), Pub. L. No. 104-193, 110 Stat. 2105 (1996), 42 U.S.C.666(f) by January 1, 1998. These rules do not apply when a court is acting as the tribunal pursuant to division (X) of section 3115.01 of the Revised Code.

 

(C)In addition to this rule, the supplemental rules cover the following topics:

 

(1) Requirements for initiating and responding CSEAs in interstate cases;

 

(2) Establishment of paternity in interstate cases;

 

(3) Establishment of support orders in interstate cases;

 

(4) Determining the controlling order;

 

(5) Enforcement of support orders in interstate cases; and

 

(6) Modification of controlling orders in interstate cases.

 

(D)The following definitions, as well as those found in section 3115.01 of the Revised Code, apply to this rule and its supplemental rules:

 

(1)"Child support agency in the [initiating] [responding] [other] state" means a child support agency in a state other than Ohio that is responsible for the processing of an interstate case.

 

(2)"Child Support Enforcement Network" (CSENet) is an electronic communications network developed by the federal office of child support enforcement (OCSE) that automatically transmits and receives child support information to and from other states. States use standard CSENet transactions to electronically request or report absent parent location, establishment of paternity and child support, enforcement of the support order, and collection activities as well as to transfer interstate case information between states.

 

(3)"Continuing exclusive jurisdiction" (CEJ) is a tool created by the drafters of UIFSA for use in determining which support order shall be the controlling order as well as in determining the correct jurisdiction in which a controlling

 

 

order may be modified. A state has CEJ over a valid support order issued in that state at any time either the obligee, obligor or the child resides in that state.

(4) "Controlling order" means the one support order with regard to an obligor, obligee, and child which is entitled to be enforced prospectively, beginning with the date on which the determination of controlling order is made. The controlling order is determined in accordance with rule 5101:12-70-05.4, "Determining the controlling order," of the Administrative Code and sets the non-modifiable terms for that order.

(5) "Initiating CSEA" means a CSEA acting as the tribunal pursuant to section 3115.05 of the Revised Code for the purpose of initiating child support actions in interstate cases.

(6) "Interstate case" means, for purposes of this rule and its supplemental rules, all of the following:

(a) A case in which the parties live in different states, that is administered as a case in both states, and a UIFSA petition has been sent by a child support agency in an initiating state or CSEA to a child support agency or CSEA in a responding state;

(b) A case in which the parties live in different states, that is administered as a case only in Ohio, and either long arm jurisdiction is being asserted or a support order is being enforced using a direct income withholding notice; and

(c) A case in which all of the parties reside in Ohio and a support order exists in a jurisdiction other than Ohio.

(7) "Registration" means the act of taking jurisdiction over a support order which was issued by a tribunal of another state for the purpose of enforcement or modification of that order in this state as requested by the initiating state.

(8) "Responding CSEA" means a CSEA acting as the tribunal pursuant to section 3115.05 of the Revised Code for the purpose of responding to requests for child support actions in interstate cases.

(9) "UIFSA petition" means any collection of federally required forms as described in rule 5101:12-70-10, "Forms for interstate case processing," of the Administrative Code and other required forms and documents as necessary, which is sent by a CSEA in Ohio or an initiating state to a CSEA in Ohio or a responding state for the purpose of requesting child support program activities.

(10) "UIFSA" is the model act developed and adopted by the National Conference

of Commissioners on Uniform State Laws (NCCUSL) for the purpose of replacing the Uniform Reciprocal Enforcement of Support Act (URESA) as the standard set of requirements for the processing of interstate cases in the United States. UIFSA has been enacted in Ohio as sections 3115.01 to 3115.59 of the Revised Code.

Replaces:                                                     5101:1-30-50

Effective:                                                     09/01/2005

R.C. 119.032 review dates:                         09/01/2010

CERTIFIED ELECTRONICALLY

Certification

07/25/2005

Date

Promulgated Under:                           119.03

Statutory Authority:                           3125.25

Rule Amplifies:                                  3115.01, 3125.03

Prior Effective Dates:                         1/1/98, 3/1/03