(A) In accordance with sections
3111.82 and
3111.821 of the Revised Code,
when an administrative child support hearing is held and there is not a final
and enforceable determination of paternity, the parties may raise the issue of
the existence or nonexistence of a father and child relationship. The
administrative officer shall treat the issue as a request made pursuant to rule
5101:12-40-20
of the Administrative Code and determine the issue in accordance with that rule
and its supplemental rules.
(1) Circumstances
in which paternity may be rebutted during an administrative support hearing
include:
(a) Paternity is presumed pursuant
to section 3111.03 of the Revised Code
except that a presumption that is conclusive as provided in division (A) of
section 3111.95 of the Revised Code
cannot be rebutted; or
(b) An
acknowledgment of paternity has been filed but has not become final.
If the parties raise the issue of the existence or nonexistence
of a father and child relationship when an acknowledgment of paternity has been
filed but is not final, the administrative officer shall treat it as a request
to rescind the acknowledgement
acknowledgment and proceed in accordance with rule
5101:12-40-17
of the Administrative Code.
(B) An administrative officer must be present
to conduct the administrative child support hearing.
(C) Each person may bring a representative to
the administrative child support hearing. The administrative officer may
exclude any individual who is determined not to have a valid interest in the
proceedings.
(D) The child support
enforcement agency (CSEA) shall allow each person to present evidence proving
or disproving verifications and allegations of earnings, income, wages, or
assets and any other information that may be used to establish the amount a
parent should pay for support.
(E)
The CSEA shall
use the "Ohio Child Support
Guidelines" as set forth in Chapter 3119. of the Revised Code and
comply with the requirements contained in
rule
rules
5101:12-1-17
and 5101:12-45-10 of the Administrative Code when determining and
setting child support amounts.
In accordance with section 3119.04
of the Revised Code, when the combined gross income is less than six thousand
six hundred dollars per year or greater than one hundred fifty thousand dollars
per year, the administrative officer shall determine the amount of support on a
case-by-case basis. The administrative officer shall attach the determination
and findings of fact to the JFS 07719, "Administrative Order for Child Support
and Medical Support " (effective or revised effective date as identified in
rule
5101:12-45-99
of the Administrative Code).
(F) At the conclusion of the administrative
child support hearing, the administrative officer shall ensure that:
(1) A record of the proceedings, which
includes copies of all documents and exhibits submitted, is compiled;
(2) The JFS 07719
,
"Administrative Order for Child Support and Medical Support" (effective or
revised effective dates as identified in rule
5101:12-45-99
of the Administrative Code) is completed and issued to each person within
five business days of the administrative child support hearing;
(3) A record of the administrative child
support hearing is maintained in a manner that would make it acceptable and
accessible for court use; and
(4)
The support enforcement tracking system (SETS) is updated with the
administrative support order information.
Notes
Ohio Admin. Code 5101:12-45-05.2
Five Year Review (FYR) Dates:
8/2/2024 and
08/02/2029
Promulgated
Under: 119.03
Statutory
Authority: 3125.25
Rule
Amplifies: 3111.03,
3111.82,
3111.821,
3111.95,
3125.03
Prior
Effective Dates: 07/15/1992, 03/31/1993, 06/21/1996, 01/01/1998, 12/01/2001,
07/15/2002, 09/01/2005, 04/01/2009, 07/01/2014,
03/28/2019
Effective:
3/28/2019
Five Year Review (FYR) Dates:
11/30/2018 and
03/28/2024
Promulgated
Under: 119.03
Statutory
Authority: 3125.25
Rule
Amplifies: 3111.03,
3111.82,
3111.821,
3111.95,
3125.03.
Prior
Effective Dates: 07/15/1992, 03/31/1993, 06/21/1996, 01/01/1998, 12/01/2001,
07/15/2002, 09/01/2005, 04/01/2009,
07/01/2014
