Ohio Admin. Code 5101:12-1-10 - Definitions

(A) The following definitions apply to the rules contained in division 5101:12 of the Administrative Code:

(1) "Case" refers to means a matter involving the an individual who is or may become obligated by a support order and the beneficiary of that support order.

(a) "IV-D case" means a case that has been approved for IV-D services by a child support enforcement agency (CSEA) in accordance with rule 5101:12-10-01.1 of the Administrative Code with a parent or alleged parent who is now or eventually may be obligated under a support order for the support of a child or children receiving IV-D services, based on a IV-D application or referral that has been approved by a child support enforcement agency (CSEA).

(i) When both parents are obligated under a support order or eventually may become obligated under a support order for support of a child or children in the care or custody of a person other than a parent who is receiving IV-D services, each parent is considered a separate IV-D case; and

(ii) A IV-D case may consist of multiple case numbers within the support enforcement tracking system (SETS); and

(iii) A IV-D case may include a case with provisions for both child support and spousal support in the same support order.

(b) "Non-IV-D case" means a case that has not been approved for IV-D services or a case for which IV-D services have been terminated.

(2) "Issued," when used in reference to notices, decisions, and other documents, means the date listed on the document unless it is otherwise indicated in the case record that the document was sent by U.S. mail or hand-delivered on a date later than the date stated on the document.

(3) "IV-D application" means the JFS 07076 "Application for Child Support Services Non-Public Assistance Applicant/Recipient" (effective or revised effective date as identified in rule 5101:12-10-99 of the Administrative Code).

(4) "IV-D referral" means a request for services from:

(a) A county department of job and family services (CDJFS) as a result of an application for medicaid benefits when there is an existing support order for the child or as a result of an application for Ohio works first (OWF);

(b) A Title IV-E agency that resulted from a determination of eligibility for foster care maintenance (FCM) benefits; or

(c) The Ohio interstate central registry as a result of the receipt of a Uniform Interstate Family Support Act interstate petition in accordance with 42 U.S.C. 666(f) (12/14/1999) for a IV-D case.

(3)(5) "IV-D services" means services provided pursuant to a IV-D case under title IV-D of the "Social Security Act," 88 Stat. 2351 (1975), 42 U.S.C. 651 (8/22/1996). IV-D services include:

(a) All support enforcement program services Case intake of a IV-D application or referral;

(b) Federal income tax refund offset submittals for the collection of support arrears Location of persons for purposes of providing IV-D services;

(c) Withholding of unemployment compensation for the payment of support Establishment of parentage;

(d) Requests to the internal revenue service for the disclosure of taxpayer information for use in establishing and collecting support obligations Establishment of child support and medical support orders;

(e) Requests to the U.S. department of treasury for the administrative offset of certain federal payments other than federal income tax refund offset for the collection of delinquent support; and Enforcement of child support and medical support orders, including:

(i) Federal income tax refund offset and passport denial submittal for the collection of support arrears;

(ii) Withholding of unemployment compensation for the payment of support; and

(iii) Requests to the internal revenue service for the disclosure of taxpayer information for use in establishing and collecting support obligations.

(f) Requests for certification to the U.S. district court when another state has failed to act on an Ohio support order. Modification or termination of child support and medical support orders;

(g) Collection and disbursement of support payments; and

(h) Any other actions appropriate to child support enforcement.

(6) "Non-IV-D Services" means:

(a) Any services provided to a non-IV-D case; or

(b) Services provided to a IV-D case that are not eligible for federal financial participation (FFP).

(7) "Recipient of IV-D services" means:

(a) The person who signed an approved IV-D application with a CSEA; or

(b) The person for whom the CSEA received and approved a IV-D referral.

(4)(8) "Support enforcement program services" include: means IV-D and non-IV-D services authorized by law to be provided by a CSEA.

(a) Location services as described in Chapter 5101:12-20 of the Administrative Code;

(b) Establishment of parentage as described in Chapters 5101:12-40 and 5101:12-70 of the Administrative Code;

(c) Establishment and modification of child support orders and medical support orders as described in Chapters 5101:12-45, 5101:12-60, and 5101:12-70 of the Administrative Code;

(d) Enforcement of support orders as described in Chapters 5101:12-50 and 5101:12-70 of the Administrative Code;

(e) Collection of support obligations as described in Chapter 5101:12-80 of the Administrative Code; and

(f) Any other actions appropriate to child support enforcement.

(5)(9) "Support order" means:

(a) Pursuant to 42 U.S.C. 653(p) (9/29/2014), and as used in Title IV-D of the Social Security Act, a judgment, decree, or order, whether temporary, final, or subject to modification, issued by a court or an administrative agency of competent jurisdiction, for the support and maintenance of a child, including a child who has attained the age of majority under the law of the issuing state, or of the parent with whom the child is living, that provides for monetary support, health care, arrearages, or reimbursement, and that may include related costs and fees, interest and penalties, income withholding, attorneys' fees, and other relief; and

(b) In accordance with division (B)(5) of section 3119.01 of the Revised Code and as used in Chapters 3119., 3121., 3123., and 3125. of the Revised Code, either an administrative child support order or a court support order.

(i) Pursuant to division (B)(1) of section 3119.01 of the Revised Code, "administrative child support order" means any order issued by a child support enforcement agency for the support of a child pursuant to section 3109.19 or 3111.81 of the Revised Code or former section 3111.211 of the Revised Code, section 3111.21 of the Revised Code as that section existed prior to January 1, 1998, or section 3111.20 or 3111.22 of the Revised Code as those sections existed prior to March 22, 2001 "Administrative child support order" has the same meaning as in section 3119.01 of the Revised Code.

(ii) In accordance with division (C)(3) of section 3119.01 of the Revised Code, "court support order" means either a court child support order or an order for the support of a spouse or former spouse issued pursuant to Chapter 3115. of the Revised Code, section 3105.18, 3105.65, or 3113.31 of the Revised Code, or division (B) of former section 3113.21 of the Revised Code "Court support order" has the same meaning as in section 3119.01 of the Revised Code.

(B) The time within which an act is required by law to be done shall be computed by excluding the first and including the last day; except that, when the last day falls on Sunday or a legal holiday, the act may be done on the next succeeding day that is not Sunday or a legal holiday. When a public office in which an act, required by law, is to be performed is closed to the public for the entire day that constitutes the last day for doing the act or before its usual closing time on that day, the act may be performed on the next succeeding day that is not a Sunday or a legal holiday as defined in section 1.14 of the Revised Code.

Notes

Ohio Admin. Code 5101:12-1-10

Effective: 6/15/2023
Five Year Review (FYR) Dates: 3/27/2023 and 06/15/2028
Promulgated Under: 119.03
Statutory Authority: 3125.25
Rule Amplifies: 3105.21, 3109.05, 3111.13, 3113.04, 3113.07, 3119.65, 3119.70
Prior Effective Dates: 08/01/1982, 11/11/1982, 07/01/1983, 01/01/1984, 12/01/1987, 07/15/1988, 06/02/1989, 09/01/1989, 10/01/1990, 04/01/1992, 07/01/1996, 02/22/2002, 07/01/2002, 06/15/2006, 03/01/2012, 02/11/2019