(A) The Uniform Interstate Family Support Act
(UIFSA)(2008) requires that only one valid order may exist for the purpose of
enforcing a support obligation prospectively, beginning with the date on which
the determination of controlling order is made. After a controlling order is
determined, it becomes the only order that may be prospectively enforced, and
sets the non-modifiable terms. Non-modifiable terms of a controlling order
include the duration of the order and the dates of the termination of the
order. A controlling order may not be determined more than once.
(B)
As a result of
the "Full Faith and Credit for Child Support Orders Act,"28 U.S.C.
1738B (9/29/2014) and the implementation of
UIFSA, multiple valid orders are not possible after January 1, 1998. Thus, the
need to complete the entire original hierarchy analysis of a controlling order
determination under UIFSA section 209 is rare. The initial step will always be
to ask the court to determine which order is valid.
(B)(C)
When there is any question regarding the validity of an order, a controlling
order determination must be made. A controlling order determination shall only
be made by a court with personal jurisdiction over both the obligee and
obligor, and must be made prior to any enforcement action or any action to
modify a support order.
(C)(D) The
initiating child support enforcement agency
(CSEA) shall take the following steps before any actions can be taken:
(1) Identify all existing support
orders;
(2)
Determine whether a child support order(s) exists in
a case using the federal and state registry, state records, information
provided by the recipient of services, and other relevant information available
to the CSEA
Obtain certified copies of each
order along with payment records and arrearage calculations for each
order;
(3) Determine in which state a
determination of the controlling order and reconciliation of arrearages may be
made where multiple orders exist. Obtain certified copies of each order along
with all payment records and arrearage calculations for each
order;
(4)(3) Examine each
existing order to verify that it contains a current child support order provision and appears
valid on its face;
(5)(4) Verify the current
residential state of the obligee, obligor, and child to which the order
applies;
(5)
Determine in which state a determination of the
controlling order and reconciliation of arrearages may be made;
(6) Within twenty days of completing the
actions required in paragraphs
(C)(1)
(D)(1) to
(C)(3)
(D)(5) of this
rule and, if appropriate, receipt of any necessary information needed to
process the case
, either:
(a)
Refer the case
to the appropriate responding state agency for a determination of the
controlling order and a reconciliation of arrearages if such a determination is
necessary;
Proceed in accordance with paragraph
(E) of this rule when the CSEA determines that Ohio may issue a controlling
order determination;
and
or
(b)
Refer any intergovernmental case to the appropriate state central registry,
tribal program, or central authority of a country for action,
if long arm jurisdiction is not
appropriate
when the CSEA determines that Ohio
may not issue a controlling order determination.;
(c) When the respondent and
petitioner reside in Ohio, the initiating CSEA shall do the
following:
(i) When the respondent and
petitioner reside in the same county, the initiating CSEA shall determine the
controlling order; or
(ii) When the respondent and
petitioner reside in different counties, the initiating CSEA shall refer to
rules
5101:12-10-03
and
5101:12-10-04
of the Administrative Code for the determination of the controlling
order.
(D)(E)
The responding
When
Ohio is issuing a controlling order determination, the CSEA shall take
the following actions:
(1)
Determine which of the states with support orders
have continuing exclusive jurisdiction (CEJ). A state has CEJ over a support
order issued in that state at any time either the individual obligee, obligor,
or the child resides in that state or the parties have consented in a record or
open court that the tribunal of the state may continue to exercise jurisdiction
to modify its order
Identify which orders were
issued consistent with
28 U.S.C.
1738B (9/29/2014).
(2) Reconcile the arrearages for all support
orders.
(3) File the appropriate
pleadings with the court, including recommended language regarding which order
should be determined the controlling order and a calculation of the reconciled
arrearages
based upon the following
principles:
.
(a) If only one of the states with
an order has CEJ, recommend the order in the state with CEJ be determined the
controlling order;
(b) If more than one of the states
with a order has CEJ, recommend the order in the home state of the child be
determined the controlling order;
(c) If more than one of the states
with a order have CEJ, but no state is the home state of the child, recommend
the most recently issued valid order be determined the controlling order;
and
(d) If none of the states with an
order have CEJ, recommend that the court issue a new order that will be
determined to be the controlling order.
(4) After the court has made the controlling
order determination, prepare the OMB 0970-0085, "Notice of determination of
controlling order," and send it with a certified copy of the controlling order
determination to the tribunal (typically in care of the child support agency in
each state) that issued or registered any of the support orders used to
determine the controlling order.
Notes
Ohio Admin. Code 5101:12-70-05.7
Effective:
12/15/2021
Five Year Review (FYR) Dates:
9/22/2021 and
09/22/2026
Promulgated
Under:
119.03
Statutory Authority:
3125.25
Rule Amplifies:
3115.205,
3115.206,
3115.207,
3115.208,
3125.03
Prior Effective Dates: 01/01/1998, 03/01/2003, 09/01/2005,
11/01/2011, 07/01/2016
