Ohio Admin. Code 5101:12-60-60 - Redirection of support
(A)
This rule and its
supplemental rules describe how the child support enforcement agency (CSEA)
with administrative responsibility for a child support order redirects payments
under the support order.
(B)
The CSEA is authorized to proceed in accordance with
this rule and its supplemental rules when a IV-D application as described in
paragraph (A) of rule
5101:12-10-01.1 of the
Administrative Code or a IV-D referral as described in paragraph (B) of rule
5101:12-10-01.1 of the
Administrative Code has been completed and filed with the CSEA, and the
application or referral indicates the child is with a caretaker other than the
current payee.
(C)
Nothing in this rule or its supplemental rules
precludes a CSEA from proceeding in accordance with Chapter 5101:12-45 of the
Administrative Code to establish a child support order or to proceed in
accordance with rule
5101:12-60-50 of the
Administrative Code and its supplemental rules to terminate a support
order.
(D)
The following definitions apply to this rule and its
supplemental rules:
(1)
"Caretaker" has the same meaning as in section
3119.01 of the Revised
Code.
(2)
"Legal custody" has the same meaning as in section
2151.011 of the Revised Code and
includes permanent custody or temporary custody.
(3)
"Payee" means the
person or entity to whom child support payments may be disbursed under a child
support order.
(4)
"Primary caregiver" means a person with whom the child
resides for at least thirty consecutive days, and who stands in place of a
parent to make decisions regarding the health, education, support, and welfare
of a child.
(5)
"Public children services agency" (PCSA) has the same
meaning as in section
5153.01 of the Revised
Code.
(6)
"Redirect" means a change under an existing child
support order requiring payments be disbursed to a different
payee.
(E)
Within twenty days of receiving a IV-D application or
referral that indicates the child is with a caretaker other than the current
payee, the CSEA will:
(1)
Identify whether the child is in the legal custody of a
PCSA; and
(2)
Identify whether the caretaker is the primary caregiver
of the child.
(F)
When the child is in the legal custody of a PCSA, the
CSEA will consult with the PCSA to identify if it is in the best interest of
the child to redirect the child support order.
(G)
When the child is
not in the legal custody of a PCSA and is in the placement of a caretaker other
than a PCSA, the CSEA will determine whether the caretaker is the primary
caregiver of the child.
(1)
When the CSEA determines that the caretaker is the
primary caregiver of the child, the CSEA will:
(a)
Determine that a
reason exists to redirect support to the caretaker; and
(b)
Proceed in
accordance with rule
5101:12-60-60.1 of the
Administrative Code.
(2)
When the CSEA
determines that the caretaker is not the primary caregiver of the child, the
CSEA will:
(a)
Determine that a reason does not exist to redirect support
to the caretaker; and
(b)
Issue the JFS 07800, "Results of Investigation to
Redirect the Child Support Order" (effective or revised effective date as
identified in rule
5101:12-60-99 of the
Administrative Code) to the last known address of the person who requested the
redirection.
Notes
Promulgated Under: 119.03
Statutory Authority: 3119.9541, 3125.25
Rule Amplifies: 3119.955, 3119.957, 3119.9511, 3119.9513, 3119.9517, 3119.9527, 3119.9529, 3119.9531, 3119.9533, 3119.9535, 3119.9537
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.