Ohio Admin. Code 5101:12-65-05.2 - Deceased obligor
(A)
This rule describes procedures for processing a case
when an obligor is deceased.
(B)
Current support
order.
(1)
When
there is a current support order, the child support enforcement agency (CSEA)
will complete a termination investigation in accordance with rule
5101:12-60-50.1 of the
Administrative Code, using the obligor's date of death.
(2)
When a
termination entry is final, the CSEA will disburse any impounded funds pursuant
to the entry.
(a)
When the CSEA is aware that an action has been
commenced to probate the estate of the obligor, payments otherwise owed to the
obligor will be disbursed to the administrator or executor of the
estate.
(b)
When the CSEA is unable to identify that an action has
been commenced to probate the estate of the obligor, payments otherwise owed to
the obligor will be disbursed in the obligor's name to the last known address
for the obligor.
(c)
When there are no arrears, the CSEA will close the case
in accordance with rule
5101:12-10-70 of the
Administrative Code.
(d)
When there are arrears, the CSEA will investigate
whether an action has been commenced to probate the estate of the
obligor.
(i)
When the CSEA identifies that an action has been commenced
to probate the estate of the obligor, in accordance with rule
5101:12-50-50 of the
Administrative Code, the CSEA may file a claim against the estate of the
obligor, within six months after the obligor's death, for the purpose of
collecting any arrears that are due under the support order; or
(ii)
When the CSEA is
unable to identify that an action has been commenced to probate the estate of
the obligor within six months of the date of the obligor's death, the CSEA may
close the case in accordance with rule
5101:12-10-70 of the
Administrative Code.
(C)
When there is no
current support order, the CSEA will:
(1)
When there are no
arrears, close the case in accordance with rule
5101:12-10-70 of the
Administrative Code; or
(2)
When there are arrears, investigate whether an action
has been commenced to probate the estate of the obligor.
(a)
When the CSEA
identifies that an action has been commenced to probate the estate of the
obligor, in accordance with rule
5101:12-50-50 of the
Administrative Code, the CSEA may file a claim against the estate of the
obligor within six months after the obligor's death, for the purpose of
collecting any arrears that are due under the support order; or
(b)
When the CSEA is
unable to identify that an action has been commenced to probate the estate of
the obligor, the CSEA may close the case in accordance with rule
5101:12-10-70 of the
Administrative Code.
Notes
Promulgated Under: 119.03
Statutory Authority: 3119.94, 3125.25
Rule Amplifies: 2117.06, 3119.88, 3119.89, 3119.90, 3121.43, 3121.58, 3125.03
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