(A) This rule describes the responsibilities
of a payor and a child support enforcement agency (CSEA) regarding lump sum
payments to be made to an obligor by a payor when the obligor is subject to
income withholding pursuant to section
3121.03 of the Revised
Code.
(B) The following definitions
are applicable to this rule:
(1) "Cash out of
vacation pay" means income disbursed to an employee in lieu of actual vacation
or leave taken. When a payor notifies a CSEA of a lump sum payment that is for
a cash out of vacation pay, the CSEA shall proceed in accordance with this
rule.
(2) "Lump sum payment" means
a supplemental payment that an obligor is receiving or is eligible to receive
from a payor who has received an income withholding notice regarding the
obligor.
(3) "Obligor" has the same
meaning as in rule
5101:12-10-30
of the Administrative Code.
(4)
"Payor" has the same meaning as in rule
5101:12-50-10
of the Administrative Code.
(C) In accordance with division (A)(11) of
section
3121.037 of the Revised Code, a
payor is required to do all of the following:
(1) Notify the CSEA of any lump sum payment
of any kind of one hundred fifty dollars or more that is to be made to an
obligor for whom the payor has received an income withholding notice regarding
the obligor. The payor must notify the CSEA of the lump sum payment:
(a) No later than forty-five days before the
lump sum payment is to be made; or
(b) On the date that the payor determines the
lump sum payment is due the obligor when that date is less than forty-five days
before the payment is to be made.
(2) Hold the lump sum payment for thirty days
after the date on which the lump sum payment would otherwise have been paid to
the obligor.
(3) Upon receipt of an
order from the court or CSEA that issued the support order, pay all or a
specified amount of the lump sum payment to the child support payment central
(CSPC) within the office of child support.
(a)
If the lump sum payment is earnings as defined in section 302(a) of the
"Consumer Credit Protection Act," (CCPA),
15
U.S.C.
1672(a) (5/1968), the
sum of the amount to be withheld and any fee withheld by the payor as a charge
for its services may not exceed the maximum amounts permitted under section
303(b) of the CCPA,
15 U.S.C.
1673(b) (11/1978).
(b) If the lump sum payment is other than
earnings, the amount to be withheld is not subject to these limits.
(D) The CSEA shall,
upon notification by a payor that a lump sum payment of one hundred fifty
dollars or more is to be made to the obligor, determine whether the obligor has
any arrears or is in default under the support order.
When an obligor had no existing arrears before the issuance of
an income withholding or deduction notice and collections are received as a
result of the income withholding or deduction notice in the amount required,
the CSEA shall not consider the obligor as having arrears for the purpose of
lump sum attachment when periodic temporary arrears are created due to a
discrepancy between the payment schedule and the monthly obligation.
(1) When the CSEA determines that the obligor
is not in default or has no arrears, the CSEA shall
:
issue the JFS 07726,
"Administrative Order for Release or Transmittal of Lump Sum Payment"
(effective or revised effective date as identified in rule
5101:12-50-99
of the Administrative Code) or JFS 07727, "Administrative Order For Release Of
Lump Sum Payment" (effective or revised effective date as identified in rule
5101:12-50-99
of the Administrative Code) requiring the immediate release of the full amount
of the lump sum payment to the obligor.
(a) In the case of an administrative
child support order, issue an administrative order directing the payor to
immediately pay the full amount of the lump sum payment to the obligor;
or
(b) In the case of a court support
order, issue a notice to the court recommending that the lump sum payment be
released to the obligor.
(2) When the CSEA determines that the obligor
has arrears or is in default, the CSEA shall
:
issue the JFS 07726 to
the payor and issue a copy of the JFS 07726 to the obligor. The CSEA shall
require the payor to transmit the least of:
(b)
The amounts allowed by section 303(b) of the CCPA,
15 U.S.C.
1673(b), if applicable;
or
(c)
The amounts allowed by applicable state or tribal
law.
(a) In the case of an administrative
child support order, issue the JFS 07726, "Administrative Order for Transmittal
of Lump Sum Payment" (effective or revised effective date as identified in rule
5101:12-50-99
of the Administrative Code), to the payor and issue a copy of the JFS 07726 to
the obligor. The CSEA shall require the payor to transmit the least
of:
(i) The total
arrears;
(ii) The amount allowed by section
303(b) of the CCPA, 15 U.S.C. 1673(b), if applicable; or
(iii) The amounts allowed by
applicable state or tribal law.
(b) In the case of a court support
order, issue a notice to the court that a lump sum payment is to be made to the
obligor. The notice shall include the amount of the lump sum payment, when
known, and the amount of the arrears. The CSEA shall recommend to the court
that the court issue an order requiring the payor to transmit the least
of:
(i) The total
arrears;
(ii) The amounts allowed by section
303(b) of the CCPA, 15 U.S.C. 1673(b), if applicable; or
(iii) The amounts allowed by
applicable state or tribal law.
(E) Should the CSEA receive a
notice from a payor that a lump sum payment of less than one hundred fifty
dollars is to be paid to an obligor who is subject to a court or administrative
child support order, the CSEA may take action pursuant to paragraph (D) of this
rule.
The CSEA shall document in its handbook of internal procedures
when the CSEA will use the optional enforcement technique pertaining to lump
sum payments of less than one hundred fifty dollars.
(F) In accordance with section
3121.0311 of the Revised Code,
for workers' compensation claims pending or filed on or after June 30, 2006,
the administrator of the bureau of workers' compensation or a self-insuring
employer is responsible for the deduction of attorney's fees and necessary
expenses before notifying the CSEA of the lump sum.
The administrator of the bureau or self-insuring employer is
not required to notify the CSEA of the lump sum when, following the deduction
of attorney's fees and necessary expenses, the balance is less than one hundred
fifty dollars.
Notes
Ohio Admin. Code 5101:12-50-12
Five Year Review (FYR) Dates:
9/22/2023 and
09/22/2028
Promulgated
Under: 119.03
Statutory Authority: 3125.25
Rule
Amplifies: 3121.03, 3125.03, 3121.12, 3121.0311, 3121.037
Prior
Effective Dates: 04/01/1989, 06/01/1990, 07/15/1992, 01/01/1998, 12/01/2002,
09/01/2005, 08/15/2007, 02/01/2013, 02/01/2016, 04/01/2018,
02/11/2019
Effective: 2/11/2019
Five Year Review
(FYR) Dates: 4/1/2023
Promulgated Under:
119.03
Statutory
Authority: 3125.25
Rule
Amplifies: 3121.03,
3125.03,
3121.12,
3121.0311,
3121.037
Prior
Effective Dates: 04/01/1989, 06/01/1990, 07/15/1992, 01/01/1998, 12/01/2002,
09/01/2005, 08/15/2007, 02/01/2013, 02/01/2016,
04/01/2018
