Section 5101:12-60-05.4 - Calculation and recommendation of a revised order for child and medical support(A) On the date the administrative review is conducted, the child support enforcement agency (CSEA) will calculate the appropriate amount of the support obligations to be paid under the child support order in accordance with rule 5101:12-45-10 of the Administrative Code for orders issued prior to March 28, 2019 or rules 5101:12-1-17 and 5101:12-45-10 of the Administrative Code for orders issued on or after March 28, 2019. (1) When a non-requesting parent's copy of the JFS 07606, "Administrative Review Notification" (effective or revised effective date as identified in rule 5101:12-60-99 of the Administrative Code), is returned to the CSEA as undeliverable (indicating that the non-requesting parent failed to comply with the address reporting requirements specified in the existing support order), the CSEA will proceed with the guidelines calculation using information provided by the other parent, and for the non-requesting parent, imputed income based on reasonable assumptions.(2) The CSEA will not dismiss the administrative review on or after the date certain, unless a reason exists in paragraph (D)(3)(a) of this rule.(B) When a CSEA conducts a review of a current order, the CSEA will establish or adjust the ordered payment on arrears in accordance with section 3123.21 of the Revised Code, except that when the recommended current child support amount is zero dollars, the CSEA will recommend an ordered payment on arrears of: (1) Fifty dollars for orders issued prior to March 28, 2019; or(2) Eighty dollars for orders issued on or after March 28, 2019.(C) Except as stated in rule 5101:12-60-05.2 of the Administrative Code, when the CSEA recommends an adjustment to the existing child support order, the effective date of the adjustment will be the first day of the month following the date certain.(D) Within five days of the date the administrative review is conducted, the CSEA will incorporate the findings and recommendations in the JFS 07724, "Administrative Adjustment Recommendation" (effective or revised effective date as identified in rule 5101:12-45-99 of the Administrative Code), and issue a copy of the JFS 07724 to the parties to the child support order by ordinary mail as follows: (1) When the most recent child support order was filed on or before February 10, 2019, and a non-requesting parent's copy of the JFS 07606 or a nonrequesting caretaker's copy of the JFS 00592, "Caretaker Notification of Administrative Adjustment Review" (effective or revised effective date as identified in rule 5101:12-60-99 of the Administrative Code) is returned to the CSEA as undeliverable, the CSEA will not mail the JFS 07724 to the parties. The CSEA will continue with location efforts as described in Chapter 5101:12-20 of the Administrative Code;(a) Within five days of the date certain, the CSEA will issue the JFS 01866, "Administrative Review Pending Notice" (effective or revised effective date as identified in rule 5101:12-60-99 of the Administrative Code), to the other party or parties; and(b) Within three business days of obtaining a valid address for the nonrequesting party, the CSEA will issue the JFS 07724 to the parties by ordinary mail.(2) When the most recent child support order was filed on or after February 11, 2019, the CSEA will issue the JFS 07724 to the parties by ordinary mail.(3) When the CSEA issues findings and recommendations to redirect the child support order in accordance with rule 5101:12-60-60.1 of the Administrative Code, and the CSEA initiates an administrative review in accordance with paragraph (B) of rule 5101:12-60-05.1 of the Administrative Code, the CSEA will not mail the JFS 07724 to the parties if an objection to the CSEA's findings and recommendations to redirect the child support order is filed and pending review by the court. The CSEA will issue the JFS 01866 to the parties and await a final determination by the court; (a) When the court order denies the redirection or changes the child support obligation amounts, the CSEA will dismiss the administrative review and issue a notice of the dismissal to the parties; or(b) When the court order affirms the redirection and does not change the child support obligation amounts, the CSEA will issue the JFS 07724 to the parties within three business days after the court issues the final order.(E) When no party timely objects to the JFS 07724, the CSEA will, within five days: (1) Submit the JFS 07724 to the court when the child support order is a court child support order or(2) Issue a JFS 07719, "Administrative Order for Child Support and Medical Support" (effective or revised effective date as identified in rule 5101:12-45-99 of the Administrative Code) to the parties when the child support order is an administrative child support order. The CSEA will incorporate the administrative recommendations in the JFS 07719 and will issue the JFS 07719 regardless of whether or not the support obligations or medical support provisions are to be adjusted.(F) Any support order issued as a result of an administrative review will be subject to the withholding or other deduction notices or orders described in section 3121.03 of the Revised Code.Ohio Admin. Code 5101:12-60-05.4
Effective: 4/3/2024
Five Year Review (FYR) Dates: 1/10/2024 and 04/03/2029
Promulgated Under: 119.03
Statutory Authority: 3125.25
Rule Amplifies: 3119.60, 3125.03, 3119.63, 3119.61
Prior Effective Dates: 01/01/1987 (Emer.), 03/20/1987, 12/01/1987, 12/31/1990 (Emer.), 02/21/1991, 03/18/1991, 07/15/1992, 09/01/1993, 12/31/1993, 01/01/1995, 06/21/1996, 07/22/1996, 01/01/1998, 12/01/2001, 09/01/2005, 03/01/2009, 02/14/2019