5101:12-70-05.4 Requirements for responding CSEA in intergovernmental cases.

 

 

 

5101:12-70-05.4          Determining the controlling order.

 

 

 

(A)The Uniform Interstate Family Support Act (UIFSA) requires that only one order may exist for the purpose of enforcing a support obligation prospectively, beginning with the date on which the determination of controlling order is made. After a controlling order is determined, it becomes the only order which may be prospectively enforced and sets the non-modifiable terms. Non-modifiable terms of a controlling order include the duration of the order and the dates of the emancipation of the child. A controlling order may not be determined more than once.

 

(B)A court with personal jurisdiction over both the obligee and obligor may make a controlling order determination prior to any enforcement action or any action to modify a support order. A controlling order determination is required as long as the youngest child in the order has not been emancipated under the laws of the state in which the controlling order determination will be made If the children in the order have become emancipated without a controlling order being determined, a controlling order determination is no longer possible and any support orders which were valid prior to the emancipation of the youngest child in the order remain valid and enforceable after the emancipation of the youngest child occurs.

 

(C)If only one valid support order is found to exist it is strongly recommended, but not required, that a child support enforcement agency (CSEA) recommend to the court that the one valid order be determined the controlling order.

 

(D)A valid support order for purposes of this rule includes but is not limited to:

 

(1)A  judicial  or  administrative  support  order  established  pursuant  to  the jurisdiction of Ohio or any other state which appears to be valid on its face; or

 

(2)A judicial or administrative support order established pursuant to UIFSA, Uniform Reciprocal Enforcement of Support Act (URESA), or Revised Uniform Reciprocal Enforcement of Support Act (RURESA), which appears valid on its face.

 

(E)The initiating or responding CSEA shall take the following actions:

 

(1)Identify all existing support orders;

 

(2)Obtain  certified  copies  of  each  order  along  with  all  payment  records  and arrearage calculations for each order;

 

(3)Examine each order to verify that it contains a child support order provision and appears valid on its face;

 

(4)Verify the current residential state of the obligee, obligor, and child to which the order applies;

 

 

 

(5) Verify the residential address of the child for the six month period prior to the date on which the action is taken;

(6) Determine which of the states with valid support orders have continuing exclusive jurisdiction (CEJ). 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;

(7) Reconcile the arrearages for all valid support orders. It is strongly recommended that the responding child support agency use the "Arrears Reconciliation Calculator" developed by the federal office of child support enforcement (OCSE) for this purpose. As of February 11, 2005, the calculator may be found                 at                          the                     following        website                       address: www.acf.hhs.gov/programs/cse/pubs/2003/calculator;

(8) Send a recommendation to the court which contains a conclusion regarding which order should be determined the controlling order and a calculation of the reconciled arrearages based upon the following principles:

(a) If only one of the states with a valid order has CEJ, recommend the order in the state with CEJ be determined the controlling order;

(b) If more than one of the states with a valid order has CEJ, recommend the order in the home state of the child be determined the controlling order;

(c) If more than one of the states with a valid order have CEJ, but no state is the home state of the child, recommend the most recently issued order be determined the controlling order; and

(d)If none of the states with a valid order have CEJ, recommend that the court issue a new order that will be determined to be the controlling order.

(9) After the court has made the controlling order determination, prepare the OMB 0970-0085, "Notice of determination of controlling order," and send it with a certified copy of the controlling order determination to the child support agency in each state that issued or registered any of the valid support orders used to determine the controlling order.

Replaces:                                                     Part of 5101:1-30-50.1, 5101:1-30-53, 5101:1-30-54

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:                                  3115.07, 3115.08, 3115.09, 3115.10, 3125.03

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