Section 5101:12-55-10.3 - Issuing a withdrawal directive(A) In accordance with section 3123.28 of the Revised Code, when the child support enforcement agency (CSEA) proposes to intercept an obligor's funds in an account for purposes of the financial institution data match (FIDM) program, and after the CSEA issues a JFS 04050, "Financial Institution Account Access Restriction" (effective or revised effective date as identified in rule 5101:12-55-99 of the Administrative Code), in accordance with rule 5101:12-55-10.1 of the Administrative Code, the CSEA shall issue: (1) The JFS 04055, "Financial Institution Account Withdrawal Directive" (effective or revised effective date as identified in rule 5101:12-55-99 of the Administrative Code) by first class mail to the financial institution in which the obligor's account is maintained; and(2) A copy of the JFS 04055 by first class mail to the obligor.(B) When the obligor has multiple cases for which the same CSEA has administrative responsibility pursuant to rule 5101:12-10-03 or 5101:12-10-04 of the Administrative Code, the CSEA will issue: (1) The JFS 04046, "Financial Institution Account Withdrawal Directive For Obligors With Multiple Cases" (effective or revised effective date as identified in rule 5101:12-55-99 of the Administrative Code) by first class mail to the financial institution in which the obligor's account is maintained; and(2) A copy of the JFS 04046 by first class mail to the obligor.(C) When the obligor has multiple cases for which multiple CSEAs have administrative responsibility pursuant to rule 5101:12-10-03 or 5101:12-10-04 of the Administrative Code, the CSEAs will collaborate to resolve which CSEA will issue the JFS 04046 as follows: (1) When a CSEA has knowledge that an obligor also has another case for which another CSEA has administrative responsibility, the CSEA will contact the other CSEA(s) to determine if the other CSEA also wants to pursue FIDM for its case and to determine which CSEA will issue the JFS 04046. The CSEA should contact the other CSEA at the lump sum mailbox for the other county using the subject: "Attention FIDM Coordinator"; or contact the FIDM coordinator for the other CSEA directly;(2) A CSEA will respond to an inquiry from another CSEA regarding FIDM within two business days of when the inquiry was sent;(3) When a CSEA fails to respond to an inquiry from another CSEA regarding FIDM within two business days; the CSEA that sent the inquiry will document in the case record the non-response from the other CSEA and will proceed as if the other CSEA has determined not to proceed with FIDM for its case.(D) In accordance with sections 3123.36 and 3123.37 of the Revised Code, when the court determines that any of the funds in an account are not the property of the joint account owner, the court is required to issue a withdrawal directive to the financial institution.(E) The CSEA shall return to the obligor any funds deducted from the account that are later identified as funds from a protected benefit source, within two business days of the CSEAs determination. The CSEA shall issue a refund from the administrative fund described in rule 5101:9-6-83 of the Administrative Code, including any bank fees charged to the obligor when the withdrawal resulted in the account having insufficient funds.Ohio Admin. Code 5101:12-55-10.3
Effective: 11/1/2021
Five Year Review (FYR) Dates: 7/15/2021 and 07/15/2026
Promulgated Under: 119.03
Statutory Authority: 3125.25
Rule Amplifies: 3123.28, 3123.29, 3123.32, 3123.36, 3123.37
Prior Effective Dates: 08/17/1999, 10/01/2001, 10/02/2006, 12/01/2011, 02/01/2016, 02/11/2019