(A) This rule
describes the responsibilities that an initiating or responding child support
enforcement
agency (CSEA) has to modify a controlling order in an
intergovernmental case.
(B) For purposes of this rule,
"petitioner" means the person or entity requesting the modification.
"Respondent" means the person or entity who did not request the
modification.
(C)(B) No part of the
controlling order may be modified that is not modifiable under the laws of the
state that issued the controlling order, such as the duration of the support
order.
(D)(C) An Ohio controlling
order can be modified in Ohio only when either the obligor, individual obligee,
or the child resides in Ohio, or the parties have consented in a record or open
court that the tribunal in Ohio, may continue to exercise jurisdiction to
modify its order.
(E)(D) A controlling order
shall only be modified by:
(1) The state
where the controlling order was issued when that state has continuing exclusive
jurisdiction (CEJ); or
(2) The
state where the non-requesting party resides when no state has CEJ;
or
(3) The
state where all parties
have filed written consents to modify the order.
When paragraph (E)(2) or (E)(3) of
this rule applies, the state that modifies the support order assumes the
controlling order.
(F)(E) An initiating
or responding CSEA
has
the following responsibilities
will:
(1) Verify the state that issued the
controlling order.
(2) Verify the
current residential address of the
respondent
parties.
(3) Determine
whether the
pursuant to
paragraph (D) of this rule what state where
the respondent resides is the state that issued
is appropriate to modify the controlling order.
(4) The CSEA with administrative
responsibility as described in rules
5101:12-10-03
and
5101:12-10-04
of the Administrative Code shall conduct the modification as appropriate in
accordance with rules
5101:12-60-05
to 5101:12-60-05.6 of the Administrative Code.
(F)
An
initiating CSEA will take the following actions within twenty days of
determining that another state is the appropriate state to modify the
controlling order:
(5) Take the following actions
within twenty days of determining that the respondent resides in the
controlling order state:
(a)(1) Prepare a
Uniform
Interstate Family Support Act (UIFSA)(2008) petition requesting the
modification and, if
requested
appropriate, enforcement of the controlling order;
and
(b)(2) Send the UIFSA
petition to the interstate central registry (ICR) in the
state where the
respondent resides
modification will be conducted.
(6) Take the following actions
within twenty days of determining that the respondent does not reside in the
controlling order state:
(a) Prepare a UIFSA petition
requesting the registration of the controlling order for modification,
including all forms required by rule 5101:12-70-05.11 of the Administrative
Code, and other documents as necessary; and
(b) Send the UIFSA petition to the
ICR in the state where the party who has not requested the modification
resides, unless both the parties have submitted signed documents to the
initiating CSEA agreeing to grant jurisdiction to modify the controlling order
to another state.
(G) A responding CSEA
has the following responsibilities
will:
(1) Immediately
upon receipt of a UIFSA petition requesting modification of a support order
from the Ohio ICR, verify the residence
address of the respondent and, if necessary, transfer the UIFSA petition to the
responding CSEA with administrative
responsibility for the case
pursuant to rule
5101:12-10-04
of the Administrative Code.
(2) The responding CSEA with administrative
responsibility for the case shall take the following actions within
seventy-five days of receipt of the UIFSA petition:
(a) Notify the child support agency in the
initiating jurisdiction of any additional information needed to process the
case;
(b) Process the case to the
extent possible pending receipt of the additional information from the child
support agency in the initiating jurisdiction;
(c) Complete the case intake process in the
Ohio case registry, support enforcement tracking system (SETS), using
information from the UIFSA petition and any information received from the child
support enforcement network (CSENet) transaction; and
(d) Register the controlling order for
modification or modification and enforcement pursuant to sections
3115.601
to
3115.616
of the Revised Code.
(3)
Review the order for modification using the administrative review process
pursuant to rules
5101:12-60-05
to
5101:12-60-05.6 of the Administrative Code.
(H) When all of the parties to a case reside
in Ohio and the controlling order was issued by another
state, the controlling
order may be registered for modification and enforcement in Ohio
by the CSEA with administrative responsibility pursuant
to rule
5101:12-10-04
of the Administrative Code.
In these
circumstances:
(1) The initiating CSEA shall be the
CSEA that has an open case for the obligee, or, if there is no open case, the
county where the obligee resides. The initiating CSEA has the following
responsibilities:
(a) Obtain a certified copy of the
controlling order, and all modifications of the controlling order including
certified payment records for which the registration is being
requested;
(b) Prepare a UIFSA petition
requesting registration of the controlling order;
(c) Send the UIFSA petition to the
responding CSEA in the county where the obligor resides; and
(d) Transfer the support enforcement
tracking system (SETS) case, or, if unable to transfer the case, close the SETS
case in order to allow the responding CSEA to open a new case in
SETS.
(2) The CSEA in the county where the
obligor resides shall be the responding CSEA and has the following
responsibilities:
(a) Notify the initiating CSEA of
any additional information needed to proceed with the case;
(b) Process the case to the extent
possible pending receipt of the additional information needed from the
initiating CSEA;
(c) Complete the case intake process
in the Ohio case registry, SETS, using information from the UIFSA petition and
any information received from the CSENet transaction;
(d) Register the controlling order
for modification and enforcement pursuant to sections 3115.601 to 3115.616 of
the Revised Code; and
(e) Review the order for
modification using the administrative review process pursuant to rule
5101:12-60-05
of the Administrative Code and its supplemental rules if the UIFSA petition
requested modification and enforcement.
(3) When the obligor and obligee
reside in the same county, the CSEA in that county shall:
(a) Obtain a certified copy of the
controlling order and all modifications of the controlling order including
certified payment records for which the registration is being
requested;
(b) Register the controlling order
pursuant to sections 3115.601 to 3115.616 of the Revised Code;
and
(c) Review the order for
modification using the administrative review process pursuant to rule
5101:12-60-05
of the Administrative Code and its supplemental rules if the UIFSA petition
requested modification and enforcement.
(I) Once a controlling order has been
registered for modification in Ohio, it is enforceable in the same manner and
is subject to the same procedures as an order issued by Ohio, except that the
duration of the order and dates of termination of the order continue to be the
terms of the order as it was originally
issued in the controlling order state.
Notes
Ohio Admin. Code 5101:12-70-05.9
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:
3115.206,
3115.304,
3115.305,
3115.609,
3115.610,
3115.611,
3115.612,
3115.613,
3115.614,
3125.03
Prior Effective Dates: 01/01/1998, 03/01/2003, 09/01/2005,
11/01/2011, 07/01/2016
