(A)
Assignment
What is an
assignment of support?
In accordance with section
5107.20 of the Revised Code,
participation in Ohio works first (OWF) constitutes an assignment to the Ohio
department of job and family services (ODJFS) of any rights that members of an
assistance group have to support from any other person, not exceeding the total
amount of assistance paid to the assistance group which
that accrue or
have accrued as of and including the date that the OWF cash assistance is
terminated. This assignment excludes medical support assigned pursuant to
section 5101.59
5160.38
of the Revised
Code. The rights to support assigned to ODJFS pursuant to this rule constitutes
an obligation to ODJFS for the amount of cash assistance paid to the assistance
group. The child support enforcement agency (CSEA) is responsible for the
collection and distribution of support payments owed to OWF participants
whether assigned to ODJFS or unassigned.
(1) The assignment of support rights
includes:
(a) The rights to support that the
assistance group has
in
on its own behalf
or on
the behalf of any other member of the assistance group applying for or in
receipt of OWF. This includes ongoing monthly child support,
. Any spousal support
and
support for a spouse or former spouse, whether included or not in the
child support order
, is assigned.
(b) The rights to support that the
assistance group has on behalf of any other member of the assistance group
applying for or in receipt of OWF. This is the assignment of ongoing monthly
child and spousal support.
(2)
(b) The assignment
gives ODJFS the right to claim any support collected for the assistance group
not exceeding the total amount of cash assistance paid to the assistance group.
For child support enforcement collection
purposes,
The
the total amount of
"cash assistance
" paid
to the assistance group
for child support
enforcement collection purposes has the same meaning
as set forth
described in paragraph (B) of rule
5101:1-1-01
of the Administrative Code. This includes all forms of cash assistance as
defined in rule
5101:1-23-01
of the Administrative Code, including support services paid to families who are
unemployed, unless such payments meet the definition of nonrecurrent short-term
benefits. As provided in rule
5101:1-23-01
of the Administrative Code, nonrecurrent, short-term benefits and support
services provided to employed families are not considered to be cash
assistance, and are not subject to reimbursement.
(3)
(2)
The assignment of support rights is effective the first of the month following
the date of approval for OWF cash assistance
and
continues until the assistance group is no longer participating in OWF cash
assistance. The ODJFS shall notify the CSEA when the effective date of
the assignment is determined. This notification shall be transmitted to the
CSEA within two working days of authorization of OWF cash assistance.
(4)
(3)
In the following situations, the assignment is interrupted for a specific
month, and child support for that month is treated in accordance with the
provisions set forth in rule
5101:12-80-14
of the Administrative Code. However, the interruption in the assignment ends
beginning with the first day of the month that cash assistance resumes.
(a)
If
When an assistance group received OWF cash
assistance in the form of a warrant, check, voucher, electronic funds transfer
or electronic payment card for a month, but returned the uncashed check,
warrant or voucher to the county agency, or returned the full amount of the
benefit paid to the assistance group, the assistance group is not considered to
have received cash assistance in accordance with
the
provisions set forth in rule
5101:1-23-01
of the Administrative Code, and child support for that same month is treated in
accordance with
the provisions set forth in
rule
5101:12-80-14.1 of the
Administrative Code.
(b)
If
When an
assistance group's OWF is reduced to zero dollars to repay an OWF overpayment,
the assistance group is not considered to have received cash assistance in
accordance with
the provisions set forth in
rule
5101:1-23-01
of the Administrative Code, and child support for that same month is treated in
accordance with
the provisions set forth in
rule
5101:12-80-14.1 of the
Administrative Code.
(c) When an
erroneous OWF payment occurs because the assistance group was not eligible to
receive assistance for a month, and the assistance group repays that erroneous
payment in full, the assistance group is not considered to have received cash
assistance in the month for which the overpayment occurred as
set forth
described in rule
5101:1-23-01
of the Administrative Code, and child support for that same month is treated in
accordance with
the provisions set forth in
rule
5101:12-80-14.1 of the
Administrative Code.
(5)
(4) When an individual
is added to an existing assistance group, the assignment of support rights is
effective the first day of the month following the date the county agency adds
the individual to the assistance group.
(6)
(5) Any direct
payments received by an assistance group prior to the effective date of the
support assignment are budgeted as unearned income in accordance with rule
5101:1-23-20
of the Administrative Code.
(7)
(6) Once the
assignment of support is effective, any direct payment (including voluntary
payments) by the absent parent shall be evaluated in accordance with paragraph
(N) of rule
5101:1-23-70
of the Administrative Code in determining
if
when an erroneous
payment has occurred, and if so, whether the payment is a cash assistance
(IV-A) or a child support enforcement (IV-D) overpayment.
(B)
"County
agency/CSEA interface"
What is the "county
agency/CSEA interface"?
(1) The "county
agency/CSEA interface" refers to the cross-program relationship between the
IV-A and IV-D programs.
(2) The
county agency shall make use of the interview in the application or
reapplication process to gain timely, complete and accurate information
concerning absent parent(s) attached to the assistance group.
(3) Referrals are sent automatically through
the interface. A referral from the county agency to the CSEA is not required
when the assistance group contains only a pregnant woman with no eligible
child.
(4) At the point of
authorization for cash assistance, the county agency shall send copies of
relevant information collected during the application process, such as birth
certificates, court orders and paternity acknowledgments to the CSEA.
(5) The county agency shall collect all
relevant information so that the CSEA will not routinely be required to
schedule an interview with the assistance group to establish and develop the
IV-D case record.
(6) The county
agency is responsible for reporting relevant changes to the CSEA, including
information concerning new members added to an existing assistance group. Most
routine changes are automatically transmitted through the two statewide
automated systems. However, copies of relevant documentation received by the
county agency are to be sent within two working days of receipt to the CSEA.
(7) The county agency shall not
delay the processing of an application because of the assistance group's
failure to provide information needed solely by the CSEA.
(8) Even
if
when an
application for cash assistance is denied,
if
when an applicant
has requested child support services, the county agency shall send a referral
to the CSEA.
(C)
Mandatory cooperation in securing support
What is cooperation with child support and who shall
cooperate with child support?
(1) In accordance with section
5107.14 of the Revised Code, cooperation with child support is a requirement
included in the self sufficiency contract. All applicant/ recipient adults or
minor heads of households as defined in section 5107.02 of the Revised Code,
who are or will be included in the OWF assistance group, are required to sign
and comply with a self sufficiency contract.
(2) In accordance with section
5107.22 of the Revised Code, unless good cause for failure or refusal exists,
the caretaker of a minor child shall cooperate, if the caretaker is a member of
the child's assistance group, in establishing the child's paternity and
establishing, modifying and enforcing a support order for the
child.
(3) In a three-generation assistance
group that includes a grandparent, minor parent, and child, there are two
caretakers. The caretaker parent who is responsible for the child is the one
who is required to cooperate in establishing paternity and securing
support.
(a) The grandparent must cooperate
for his/her children including the minor parent.
(b) The minor parent must cooperate
for his/her children.
(1)
Cooperation with child support includes establishing
the child's paternity, and establishing, modifying and enforcing a support
order for the child. Cooperation with child support is required unless there is
good cause for the failure or refusal to cooperate as determined by the
CSEA.
(2)
All applicant and recipient adults and minor heads of
household shall sign a self sufficiency contract that includes a requirement to
ensure that caretaker members of the assistance group cooperate with child
support.
(3)
Caretakers, as defined in section
5107.22 of the Revised Code, who
are members of the OWF assistance group, shall cooperate with child support. In
a three-generation assistance group that includes a grandparent, a minor parent
and a minor child of the minor parent, there are two caretakers:
(a)
The grandparent
shall cooperate with child support for his or her minor child(ren), including
the minor parent; and
(b)
The minor parent shall cooperate with child support for
his or her minor child(ren).
(4) When a caretaker signs the JFS 07092,
"Notice to Individuals Applying for or Participating in Ohio Works First (OWF)
Regarding Cooperation with the Child Support Enforcement Agency (CSEA)" (rev.
03/2009) indicating that the individual wants to claim good cause for refusal
to cooperate in securing support, the county agency shall forward the JFS 07092
to the CSEA.
If
When the request for good cause for refusal to
cooperate with child support is documented on the JFS 03803, "Ohio Works First
(OWF) & Food Assistance: Domestic Violence Waiver Request and Verification"
(rev.
01/2010
10/2016), the county agency shall also have the
individual sign the JFS 07092. The CSEA is responsible for determining good
cause and cooperation in accordance with rule
5101:12-10-32
of the Administrative Code.
This determination includes waiving the cooperation with child
support requirement if
when the CSEA determines that the individual has
been subjected to domestic violence as defined in section
5107.02 of the Revised Code, and
requiring cooperation would not be in the best interests
interest of
the child or would make it more difficult for the individual or child to escape
domestic violence.
(5) The
county agency shall not deny, delay, or discontinue cash assistance pending a
determination by the CSEA concerning good cause for refusal to
cooperate.
(D)
Failure to cooperate with CSEA
What are the consequences when an individual fails to
cooperate with the child support requirement?
(1) Adults or minor heads of households who
fail to cooperate with the child support requirement in the self sufficiency
contract without good cause as determined by the CSEA, are subject to the
imposition of the three-tier sanction in accordance with section
5107.16 of the Revised
Code.
(2) Assistance groups that do
not contain a member required to sign a self sufficiency contract as defined in
rule
5101:1-3-11
of the Administrative Code, are not subject to the sanction set forth in
section
5107.16 of the Revised Code for
non-cooperation with the CSEA.
(3)
When a request for a state hearing on the issue of cooperation has been made,
both the county agency and the CSEA
must
shall participate in the hearing.
Notes
Ohio Admin. Code
5101:1-3-10
Effective:
11/1/2018
Five Year Review (FYR) Dates:
8/14/2018 and
11/01/2023
Promulgated
Under: 119.03
Statutory
Authority: 5107.05
Rule
Amplifies: 5107.71,
5107.711,
5107.712,
5107.713,
5107.05,
5107.14,
5107.16,
5107.20,
5107.22,
5107.714,
5107.715,
5107.716,
5107.717,
5107.02
Prior
Effective Dates: 11/01/1976, 05/14/1977, 12/31/1977, 10/26/1978, 05/01/1979,
09/21/1979, 05/01/1982, 10/09/1983, 03/01/1984 (Temp.), 06/01/1984, 04/01/1986,
04/01/1989, 07/01/1989 (Emer.), 09/23/1989, 04/01/1990, 09/01/1992, 05/01/1993,
10/01/1996 (Emer.), 12/15/1996, 05/01/1997, 12/30/1997, 07/01/1998, 10/01/1999,
10/01/2004, 01/01/2008, 05/01/2010,
03/01/2013
