5101:12-70-05.6 Establishment of a child support order in an intergovernmental case.  

  • Text Box: ACTION: Final Text Box: DATE: 07/25/2005 4:05 PM

     

     

     

    5101:12-70-05.6          Modification of controlling orders in interstate cases.

     

     

     

    (A)This rule describes the responsibility that an initiating or responding child support enforcement agency (CSEA) has to modify controlling orders in interstate cases. A controlling order may only be modified in a state where one of the parties to the order resides at the time the order is modified. If a request to register the order for modification is made and none of the parties reside in the state with the controlling order at the time the order is modified, then the state of the party that did not request the modification shall register the controlling order in that state for modification. No portion of the controlling order may be modified that is not modifiable under the laws of the state which issued the controlling order.

     

    (B)For purposes of this rule, "petitioner" means the person or entity requesting the modification and "respondent" means the person or entity who did not request the modification.

     

    (C)An initiating CSEA has the following responsibilities:

     

    (1)Verify the state which issued the controlling order;

     

    (2) Verify the current residential address of the respondent;

     

    (3)Determine whether the state where the respondent resides is the state which issued the controlling order;

     

    (4)Review the order for modification using the administrative review process pursuant to rule 5101:12-60-05.3, "Administrative review and adjustment process," of the Administrative Code or, if necessary, transfer the case to the CSEA with administrative responsibility for the case, within twenty days of determining that the petitioner resides in Ohio and the controlling order was issued by Ohio;

     

    (5)Take the following actions within twenty days of determining that the respondent resides in a state other than Ohio if the state where the respondent resides is the state which issued the controlling order:

     

    (a) Prepare a Uniform Interstate Family Support Act (UIFSA) petition requesting the modification and, if requested, enforcement of the controlling order; and

     

    (b) Send the UIFSA petition to the interstate central registry (ICR) in the state where the respondent resides.

     

    (6)Take the following actions within twenty days of determining that the respondent resides in a state other than Ohio if the state where the respondent resides is not the state which issued the controlling order:

     

    (a)Prepare a UIFSA petition requesting the registration of the controlling

     

     

    order for modification which shall contain all forms required by rule 5101:12-70-10, "Forms for interstate case processing," of the Administrative Code and other documents as necessary; and

    (b) Send the UIFSA petition to the ICR in the state where the party who has not requested the modification resides unless both the parties have submitted signed documents to the initiating CSEA agreeing to grant jurisdiction to modify the controlling order to another state.

    (D)A responding CSEA has the following responsibilities:

    (1) Immediately upon receipt of a UIFSA petition requesting modification of a support order from the Ohio ICR, verify the residence address of the respondent and, if necessary, transfer the UIFSA petition to the responding CSEA with administrative responsibility for the case; and

    (2) The responding CSEA with administrative responsibility for the case shall take the following actions within seventy-five days of receipt of the UIFSA petition:

    (a) Notify the child support agency in the initiating state of any additional information which is needed to process the case;

    (b) Process the case to the extent possible pending receipt of the additional information from the child support agency in the initiating state;

    (c) Complete the case intake process in the Ohio case registry, support enforcement tracking system (SETS), using information from the UIFSA petition and any information received from the child support enforcement network (CSENet) transaction; and

    (d)Register the controlling order for modification or modification and enforcement pursuant to sections 3115.39 to 3115.51 of the Revised Code; and

    (3) Review the order for modification using the administrative review process pursuant to rule 5101:12-60-05.3, "The administrative review," of the Administrative Code.

    (E) Once a controlling order has been registered and confirmed for enforcement and modification in this state, it is enforceable in the same manner and subject to the same procedures as an order issued by this state except that the duration of the order and dates of emancipation of the children continue to be the terms of the order as it was originally issued in the controlling order state.

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

    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:                                  3115.08, 3115.15, 315.16, 3115.46, 3115.47, 3115.48,

    3115.49, 3115.50, 3115.51, 3125.03

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

Document Information

Effective Date:
9/1/2005
File Date:
2005-07-25
Last Day in Effect:
2005-09-01
Rule File:
5101$12-70-05$6_PH_FF_N_RU_20050725_1605.pdf
Related Chapter/Rule NO.: (1)
Ill. Adm. Code 5101:12-70-05.6. Establishment of a child support order in an intergovernmental case