FRANKLIN COUNTY COURT OF COMMON PLEAS
DIVISION OF DOMESTIC RELATIONS AND JUVENILE BRANCH

CHILD SUPPORT:
ANSWERS TO FREQUENTLY ASKED QUESTIONS

(UPDATED MARCH 2010)

This information was designed to answer the most commonly asked questions regarding procedures followed by the Franklin County Child Support Enforcement Agency (CSEA) and the Division of Domestic Relations and Juvenile Branch of the Franklin County Court of Common Pleas.  Important addresses and phone numbers have also been included to assist you in communicating with us on child support matters.  All information contained herein is current as of the date of publication.

If you have any specific questions or concerns not addressed by this publication, please feel free to call us.

TELEPHONE NUMBERS / CSEA LIAISON STAFF

CSEA Liaison - (614) 525-4232
FAX - (614) 525-5363

Address - 373 S. High Street, 5th Floor, Columbus, Ohio 43215

Important Telephone Numbers
Addresses for CSEA Notices/Payments/Hearings
Common Child Support Terminology
Confidentiality of CSEA Records
S.E.T.S. - Ohio's Child Support Computer System
Instructions for Payment of Support
Payment Disbursement Options (EFT / "E-Quick Pay")
Change of Employer Notification
Common Employer/Bank/Government Addresses
Agreed Entry Wednesday
Filing Motions and Agreed Entries Without Counsel
Support Services Provided by FCCSEA
Paternity Establishment Frequently Asked Questions
Acknowledgement of Paternity Affidavit
Obtaining Copy of a Paternity Affidavit
Registering Paternities
Birth Certificate Changes
Paternity Actions Not Filed By CSEA
Genetic Testing
IV-D Applications
Tax Offset
Driver's License Suspension
Modifying Child Support Through the FCCSEA
Deviations from Guidelines Support
FCCSEA Procedure for Conducting the Review
Administrative Orders
Court Orders
Objections to Administrative Orders
Objections to Modifications of Administrative Orders
How to Enforce/Modify/Terminate Orders in Court
Adopt/Modify/Terminate Orders in Custody Complaints
Parenting Time
Resolving Parenting Time Problems
Mediation pursuant to Court Rule
Lump Sum Seizures
BWC Lump Sum Settlements
Representing Yourself / Objection Docket
Terminate Court Ordered & Administrative Support
Notice of Default/Mistake of Fact
NMSN (National Medical Support Notice)

Cash Medical Support Orders


Important Telephone Numbers
Self Help Resource Center (614) 525-7531
Lawyer Referral (614) 221-0754
Law Library (614) 525-4971
Legal Aid (614) 224-8374
Court Appointed Counsel (614) 525-3248
Domestic Violence (City Attorney) (614) 645-7483
Children's Services (614) 275-2571
Paternity Registry 1-888-810-6446
FAX: 614-985-4480
Putative Father Registry (614) 752-6285
  or (888) 313-3100
Vital Statistics (Dept. of Health) (614) 466-2531
Mediation-Domestic and Juvenile Court (614) 525-6640
 

 
CHILD SUPPORT ENFORCEMENT AGENCY
DIRECTOR - SUSAN A. BROWN
CSEA TELEPHONE NUMBERS
  
Administration/Director's Office (614) 525-6007
   
General Information/Public Inquiry (614) 525-3275
Toll Free Number (800) 827-3740
Fax Number (614) 525-6409
   
Assistant Director (614) 525-7204
Litigation Manager (614) 525-3888
Genetic Testing (614) 525-3280
   
   
OHIO CHILD SUPPORT PAYMENT CENTRAL
Automated Payment Information (800) 860-2555
   
SUPPORT ENFORCEMENT TRACKING SYSTEM (SETS)
Ohio Department of Job and Family Services (800) 686-1556
   
QUALITY ASSURANCE DEPARTMENT
Manager (614) 525-5749
Complaint/Customer Service (614) 525-3711
  
Customer service inquiries can also be sent via e-mail at the agency's website at http://www.franklincountyohio.gov/commissioners/csea
   
CLIENT AFFAIRS OFFICERS
Client affairs officers are the "troubleshooters" of the CSEA. They respond to questions about cases where other avenues have been unsuccessful. They handle the complex, complicated or difficult cases.
Alphabet A-L (last name of obligor) (614) 525-4801
Alphabet M-Z (last name of obligor) (614) 525-5211
   

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Addresses for CSEA Notices/Payments/Hearings

ADDRESS FOR NOTICES/CORRESPENDENCE
CSEA FCCSEA, 80 E. Fulton Street, Columbus, Ohio 43215

ADDRESS FOR PAYMENTS FROM INDIVIDUALS
OCSPC, P.O. Box 182372, Columbus, Ohio 43218-2372

ADDRESS FOR PAYMENTS FROM EMPLOYERS / FINANCIAL INSTITUTIONS
OCSPC, P.O. Box 182394, Columbus, Ohio 43218-2394

ADDRESS FOR RECOUPMENT ACCOUNTS TO PAY BACK OVERPAYMENTS
OCSPC, P.O. Box 182380, Columbus, Ohio 43218-2380

LOCATION OF CSEA ADMINISTRATIVE HEARINGS
Administrative hearings are conducted by administrative hearing officers at
80 E. Fulton Street.
Information regarding the date and time of hearings can be obtained by calling (614) 525-3275.

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Common Child Support Terminology

CSEA Child Support Enforcement Agency
NMSN National Medical Support Notice
OCSPC Ohio Child Support Payment Central
ODJFS Ohio Department of Job and Family Services
SETS Support Enforcement Tracking System
UIFSA  Uniform Interstate Family Support Act
ROFO Registration of Foreign Order
OBLIGOR Person paying support
OBLIGEE Person receiving support
DEFAULT Failure to pay under a support order an amount greater than or equal to the amount of support payable under the support order for one month.
ARREARAGE = amount of past due support
CREDIT or "FUTURES" = amount of support overpaid
LIQUIDATION ORDER = amount to pay on arrearage
IMPOUND = to "hold" $ by court order
PROCESSING CHARGE = fee charged for processing support (2%)
FIDM = financial institution data match

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Confidentiality of CSEA Records


The records maintained by the CSEA are covered by the rules and regulations governing their disclosure. Unless a written authorization is on file with the agency by the party subject to the request, no information regarding that party will be released. If you have a specific question or concern, please feel free to contact the CSEA Assistant Director at (614) 525-7204.

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S.E.T.S. - Ohio's Child Support Computer System


SETS is the acronym for Ohio's Support Enforcement Tracking System-Ohio's centralized computer system for managing all child support cases throughout the state. SETS has enabled child support workers in all Ohio Counties to communicate with each other and share important information.

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Instructions for Payment of Support


ALL SUPPORT PAYMENTS MUST BE PAID THROUGH THE OHIO CHILD SUPPORT PAYMENT CENTRAL (CSPC) AND MUST INCLUDE A 2% PROCESSING CHARGE.

The CSPC-Mail central lock box location will accept only checks or money orders. Checks and money orders should be made payable to: CSPC

Please note your SETS case number on all payments. If you do not know your SETS number, please note your social security number and court docket number. If you have multiple cases, you must note each SETS number and the dollar amount to be applied to each case.

Cash payments may be made in person at the cashier's window at: 80 E. Fulton Street, Columbus, between the hours of 8:00 a.m. and 4:30 p.m.

Credit card payments can now be made at 80 E. Fulton or online. Please contact the CSEA to inquire about online payment fees and time frames for processing payments. This information is also available on the CSEA website.

Effective January 25, 2002 ( O.R.C. Section 3121.441 (A) ), the Court may permit the obligor to make spousal support payments directly to the obligee instead of paying through the OCSPC if the case is a spousal support only case (no child support) and the obligee has not assigned the spousal support amounts to the Department of Job and Family Services. The Court may rescind the permission to pay direct upon motion of the obligee or upon its own motion if the obligor is in default in making the spousal support payments to the obligee. Direct spousal support payments must be made by check, money order, or any other form that establishes a clear payment record.

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Payment Disbursement Options (EFT / "E-Quick Pay")


ELIMINATION OF PAPERCHECKS

UTILIZTION OF DIRECT DEPOSIT (EFT) OR
THE NEW "E-QUICKPAY" DEBIT MASTERCARD

Child support is no longer paid by paper checks. Obligees are given an option of direct deposit (eft) or the new e-QuickPay debit Mastercard.

CHANGE OF ADDRESS

If you move or change your address, please notify, in writing, the Franklin County Child Support Enforcement Agency at 80 E. Fulton St., Columbus, Ohio 43215 (attention Disbursements) and the Relocation Officer (Clerk of Courts) at 373 S. High Street, 4th floor, Columbus, Ohio 43215.

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Change of Employer Notification


Notification of change of employer must be in writing and sent to:


FCCSEA
80 East Fulton Street
Columbus, OH 43215-5147

Attention: Notice Officer

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Common Employer/Bank/Government Addresses

Bureau of Workers' Comp.
P.O. Box 15606
Columbus, OH 43215-0606
(614) 752-6758
City of Columbus
City Auditor/Tim Carroll

90 W. Broad Street
Columbus, OH 43215-4184
(614) 645-7196
  
Wal-Mart
P.O. Box 82
Bentonville, AR 72712-0082
  

JP Morgan Chase
(account withholding)

20855 Stone Oak Pkwy
San Antonio TX 78258


State of Ohio/Department of
Administrative Services

30 E. Broad Street, 28th Floor
Columbus, OH 43215-3414
  
Huntington National Bank
(account withholding)
7 Easton Oval
Columbus, Ohio 43219
United States Postal Service
Information Systems & Accounting
Services Center (IS/ASC)

2825 Lone Oak Parkway
Eagan, MN 55121-9650
(651) 406-1480
  

Fifth Third (acct withholding)
5050 Kingsley Drive
Cincinnati, Ohio 45227

Fifth Third (employees)
38 Fountain Sq. Plz
Cincinnati, Ohio 45202
 

Ohio State University
Blankenship Hall-
Room 2010
901 Woody Hayes Dr.
Columbus, Ohio 43210
DFAS-CL/LG
P.O. Box 998002
Cleveland, OH 44199-8002
(216) 522-5966
(used for all Military withholding)
WILL NOT ACCEPT FAXES
  
Social Security Administration
(Attention Garnishments)

200 North High Street
Room 225
Columbus, OH 43215-2431
   

ODJFS UC Benefits *
P.O. Box 182059
Room 225
Columbus, OH 43218-2059
(614) 466-8006

 

*Spousal support CANNOT be withheld from Unemployment Compensation. If the case is a child support and spousal support case, ODJFS will withhold the child support but will not withhold the spousal support. The obligor should pay the spousal support directly to the CSEA. Additionally, processing charge cannot be withheld from unemployment compensation. Arrearage Liquidation amounts can be withheld.

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Agreed Entry Wednesday

  
Every Wednesday afternoon between the hours of noon and 3:00 pm, CSEA attorneys are available to meet with parties who wish to complete an agreed entry. Both parties must be present with proper ID, and they must be in agreement as to the facts and the action they wish to take. The CSEA will not mediate agreements. Agreed entries can be used to waive all or part of an arrearage, to give the obligor credit for direct payments, or to terminate the support order if a valid reason exists to terminate the order. Parties may not waive any support arrearage assigned to the state of Ohio because the obligee received public assistance benefits. Parties may not modify a support order through the agreed entry process.

No appointment is required, and walk-ins are seen on a first-come, first-served basis. If the parties have questions about whether their case qualifies for an agreed entry, please contact the support officer assigned to the case by calling (614) 525-3275.
  

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Filing Motions and Agreed Entries Without Counsel (PRO SE)

  
Parties are free to file motions and agreed entries without counsel; however, please be advised that a person who chooses to represent himself:

"is held to the same rules, procedures and standards as those litigants represented by counsel and must accept the results of (his) own mistakes and errors." Franklin Cty. Dist. Bd. Of Health v. Sturgill (Dec. 14, 1999), Franklin App. No. 99AP-362.

Court personnel cannot give legal advice or assist you in preparing your paperwork. The Law Library located at 375 S. High Street on the 6th floor MAY provide you with sample forms. Please be advised that these samples may need to be modified to fit the particular circumstances of your case and the rules of our Court.

Common mistake made by Pro Se litigants - wanting to terminate support and not specifying the reason for termination of the support. Please be specific as to the reason for terminating support. "Because the parties agree" is not sufficient.
  

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Support Services Provided by FCCSEA
 

  • Locating Absent Parents
  • Establishing Paternity
  • Establishing Child Support Orders and Orders for Medical Support
  • Adjusting Support Orders
  • Enforcing Child Support Orders
  • Tax Offset Program (State and Federal)
  • License Suspension Program (Professional, Drivers, and Recreational)
  • Financial Institution Data Match Program

The CSEA Cannot Do the Following

  • Negotiate visitation rights nor address contested visitation issues
  • Determine custody of children
  • Collect divorce property settlements
  • Locate runaway children
  • Act as your private attorney
      

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Paternity Establishment
Frequently Asked Questions
  

Paternity should be established for all children whose parents were not married to each other when the child was born.

What are the benefits of establishing paternity?

Establishing paternity carries numerous advantages for both the mother and the child:

  • Financial assistance from child support collections
  • Access to medical insurance benefits and other legal entitlements such as Social Security benefits, disability benefits, inheritance, pension and veterans' benefits
  • Provides the child with a sense of identity and family heritage
  • Strengthens the social and psychological bonds between a father and his child
  • Completes the child's biological/medical history

What is the easiest way to establish paternity for my child?

If you're currently pregnant and unmarried, you can contact the social worker at your prospective birthing hospital for more information concerning in-hospital paternity establishment (post delivery) by completing an acknowledgment of paternity affidavit. This is the quickest method available for paternity establishment. However, in order to do this, the baby's father must be willing to cooperate and must sign the affidavit.

How do I request paternity establishment through the CSEA?

If you are receiving Ohio Works First (OWF) benefits, the Franklin County Department of Job and Family Services will automatically refer your case to the CSEA for paternity establishment. If you are not receiving OWF benefits and are interested in pursuing paternity establishment and receiving child support services, you can request that an enrollment packet be mailed to you by calling the agency at 525-3275.

How will I be notified when the agency is ready to proceed with paternity establishment on my case?

After you have completed your intake interview and have been enrolled in Title IV-D services, you will receive a letter from the agency stating the time and place of your administrative paternity conference. Bring your child with you to the conference.

What happens when I arrive at the CSEA on the day of my paternity conference?

The conference participants must sign in at the reception desk and remain in the waiting area until called. While you are waiting, you and the alleged father will be given the appropriate forms to complete.

Can paternity be established at the administrative paternity conference?

Yes. At this conference, you and the alleged father may both agree to sign the acknowledgment of paternity affidavit. Once this happens, each party has 60 days to reconsider and file a notice to rescind their acknowledgment. If no written objections are received during this 60-day period, the paternity action becomes final. If the parties elect to establish paternity through acknowledgment and the birth certificate of the child has already been filed, there is a section on the paternity affidavit which may be completed to effect a name change for the child.

What happens when either party declines to sign the paternity acknowledgment affidavit?

When one of the parties declines to sign the paternity acknowledgment affidavit, genetic testing will be ordered. Genetic testing is a procedure in which tissue samples are taken from the mother, the alleged father and the child. If the genetic tests show a 99% or greater probability that the alleged father is the biological father of the child, then the hearing officer will issue an order establishing paternity. The CSEA will send the genetic test results to you by mail. Genetic test results will not be released to anyone over the telephone.

How is genetic testing done?

The genetic testing process is simple and painless. Sponge-like swabs are rolled across the cheek area on the inside of the mouth to collect buccal cell samples. These samples are then sent to a lab where the DNA material is analyzed. This test will show whether the alleged father is really the biological father of the child.

If I am ordered to undergo genetic testing, who pays for the test?

If you are eligible for child support services, genetic testing is paid for by the State of Ohio.

How long must I wait before finding out the results of the genetic tests?

Genetic test results are usually available within four to six weeks.

What happens if one of the parties fails to appear for the paternity conference?

When one of the parties fails to appear, the administrative paternity conference will be dismissed. Once this happens, the only way for paternity to be established is through court action.

Will it be necessary to attend any hearings or appear in court after the administrative paternity order becomes final?

When the order becomes final, the issue of paternity is resolved. A hearing or court appearance on this issue is no longer necessary. If the mother and father are not living together with the child as a family, it will be necessary to schedule a hearing so that a child support order can be issued, unless the custodial parent only requested paternity services and the custodial parent is not receiving public assistance (including medical assistance).

When will this set-support hearing be scheduled?

The set-support hearing will not take place until after the administrative paternity order or administrative paternity acknowledgment becomes final. Those who have elected to sign the acknowledgment of paternity affidavit will be notified by mail regarding the date of their set-support hearing. For those who have been ordered to undergo genetic testing, set-support hearing notifications are mailed along with the results of their genetic tests.

I'm receiving public assistance. How important is it that I attend this administrative paternity conference?

As a recipient of public assistance, you are required to be present at this conference. Failure to participate in the administrative paternity process could result in a CSEA-imposed sanction, and could lead to a reduction in your welfare benefits.
  

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Acknowledgement of Paternity Affidavit


   Acknowledgment of Paternity Affidavits may be signed in the hospital, at the CSEA, or at the Department of Health (local registrar). An acknowledgment of paternity is final and enforceable without ratification by a Court when the acknowledgment has been filed with the Office of Child Support, and the information on the acknowledgment has not been rescinded and is not subject to possible rescission pursuant to 3111.27 of the Revised Code.

After an acknowledgment becomes final, pursuant to Section 2151.232, 3111.25, 3111.27, or 3111.821 of the Revised Code, a man presumed to be the father of the child pursuant to section 3111.03 of the Revised Code who did not sign the acknowledgment, either person who signed the acknowledgment, or a guardian or legal custodian of the child may bring an action to rescind the acknowledgment on the basis of fraud, duress, or material mistake of fact. The Court shall treat the action as an action to determine the existence or non-existence of a parent and child relationship pursuant to sections 3111.01 to 3111.18 of the Revised Code. An action pursuant to this section shall be brought no later than one year after the acknowledgment becomes final.
  

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Obtaining Copy of a Paternity Affidavit

 
Once the paternity affidavit is filed, a copy can be obtained by the mother or father by calling the Paternity Enhancement Program at (614) 224-8909 to retrieve the "Registry Number". With the registry number, call (614) 466-2531 and request a copy of the paternity affidavit.
 

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Registering Paternities

   
All paternity determinations (judicial and administrative), executed after January 1, 1998, must be filed with the Division of Child Support within the Ohio Department of Job and Family Services (ODJFS). If the judicial or administrative documents do not contain the social security numbers and addresses of the parents, and the date of birth of the child, attach a copy of the completed wage withholding form, seek work form, or bond form which should contain all of the required information. Please do not send a copy of the support worksheet or the genetic test results. A copy of the "Determination of Paternity" form to change the birth certificate should be attached to the judicial or administrative documents, for forwarding to Vital Statistics. Effective July 1, 2013, ODJFS has contracted with a new vendor to register paternities. The new address is as follows:

Central Paternity Registry
P.O. Box 183206
Columbus, Ohio 43218-3206

The new phone number is: 1-888-810-6446
The new fax number is: 614-985-4480
  

  

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Birth Certificate Changes

 
The Birth Certificate Change Form "Determination of Paternity" is used when the Court establishes paternity or the CSEA administratively establishes paternity and the father's name needs to be added to the birth certificate and/or the child's last name is ordered to be changed.

This form can also be used to delete the name of a party when the non-existence of the father/child relationship is determined.

This form can only be used if the child was born in Ohio. These forms are available in the courtroom or in the CSEA Liaison's Office at 373 South High Street, 5th Floor.

The FCCSEA will also prepare a form instructing the Department of Health to amend the birth certificate when parentage is established administratively.
 

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Paternity Actions Not Filed By CSEA

  

House Bill 136 revised procedures on parentage cases effective May 17, 2006. Ohio Revised Code Section 3111.07 and 3111.381 require that the CSEA be notified of a complaint even if they are not a party. The clerk will forward a copy of the complaint to the CSEA to comply with this but attorneys filing new complaints will have to supply the clerk with an extra copy of the complaint.

If the parentage action does not request custody, support, parenting time, or birth expenses, the "Notice to the Clerk of Courts" (By-Pass) form must be completed, signed off by the CSEA, and filed with the parentage complaint. The parties are also required to sign the affidavit provided by the CSEA. Please call (614) 525-3280 to inquire about the form and affidavit.
  

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Genetic Testing

  
The CSEA has contracted with LAB Corp to conduct genetic testing. Parties must bring a picture ID to the testing. The time frame for receiving results is about four to six weeks.

The Cost for testing on Non-CSEA cases is $125 per sample if mother is tested and $187.50 per sample if mother is not tested. LAB Corp accepts money orders, cashiers' checks and credit cards. Payment must be made at the time of the testing unless the State of Ohio has been ordered to pay.

Days and times of genetic testing: The CSEA conducts genetic testing Monday through Friday between the hours of 9:00 am and 4:00 pm. The testing is conducted at 80 E. Fulton Street.

LAB Corp will conduct testing without a Court Order for the same cost if an appointment is scheduled. The phone number for scheduling is 1-800-742-3944. Parties will be scheduled to appear at any one of Lab Corp’s patient service centers in Columbus or its surrounding areas.

Genetic testing may be conducted where the mother is deceased, a possible father is deceased and the coroner has a sample of blood or other genetic material for the test, or one of the parties is in jail or out of state. Check with the FCCSEA contact person at (614) 525-3280 to determine whether genetic tests can be conducted, given the fact pattern of your case. The attorney notifies his/her client of the date and time of the testing.

The forms (Magistrate's Decision or Scheduling form) are located in the courtroom or the CSEA Liaison's Office, 373 South High, 5th Floor.

Contact person at the CSEA: (614) 525-3280.

  

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IV-D Applications

 
Whenever a support order is issued or modified in a Juvenile or Domestic Relations case, the obligee shall complete and file with the Court, prior to adjournment of the hearing, an application for IV-D Services. The IV-D application is a state-mandated form used to help fund the CSEA by bringing federal dollars into the county. The IV-D application must be completed and signed by the obligee and is not used for spousal support only cases. If you have any questions regarding IV-D applications, please call the CSEA at (614) 525-3275.
 

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Tax Offset

The FCCSEA identifies cases for Income Tax Seizure based upon an identified arrearage. The case must meet the following criteria:

  • Must be a IV-D case
  • CSEA must have valid Social Security Number for the obligor
  • Case must be delinquent for at least 30 days
  • Arrearage must be equal to or exceed $150.00 when money is owed to Job and Family Services
  • Arrearage must be equal to or exceed $500.00 when money is not owed to Job and Family Services

Upon receipt of the notice, an obligor can request a “Tax Offset Review” by calling the FCCSEA at (614) 525-7691 or by mailing notice to 80 E. Fulton Street, Columbus, Ohio 43215. The FCCSEA will conduct an audit of the arrearage and if an arrearage is determined to not exist, the case will be submitted to the IRS for tax offset deletion. If it is too late to be deleted, the Ohio Child Support Payment Central will issue a check to the obligor upon receipt of the tax refund.

If there is an arrearage, the FCCSEA is authorized to seize the income tax refund even if the obligor is in full compliance with the ongoing support order and the liquidation order. Contact your support officer to verify if a specific case has been submitted for tax offset (614) 525-3275.

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Driver's License Suspension

(OHIO REVISED CODE sections 3121.42 through 3123.46)

An obligor’s driver’s license can be suspended for failure to pay child support (default) or failure to comply with a warrant or subpoena. The CSEA may authorize the Bureau of Motor Vehicles (BMV) to not renew or issue any driver’s license to the obligor and suspend any currently held license or not reinstate any license until notified by the CSEA.

If your license has been suspended and you would like to have it reinstated, please contact your support officer at the CSEA (614) 525-3275.

If your license has been reinstated and you would like to have the suspension expunged from the obligor’s driver’s abstract, the support officer must determine the obligor’s eligibility for expungement, please contact your support officer at the CSEA (614) 525-3275.

Note: Driver’s License suspension is not a mandatory enforcement tool. Valid reasons (employment barriers, financial hardship, medical issues, etc) may exist to justify a decision not to suspend an obligor’s driver’s license.

EFFECTIVE 09/28/12

Pursuant to ORC 3123.58(B)(1) the grant may grant limited driving privileges after a CSEA driver's license suspension. The child support obligor must make a "request" during a contempt action and must provide a recent non-certified copy of a driver's abstract from the registrar of motor vehicles. The contempt action must be a contempt action brought pursuant to ORC 2705.031.

The Court may NOT grant limited driving privileges during a BMV suspension per ORC 4510.021(B) if the license is also under suspension for another reason (points for example).

The Court will contact the CSEA who will provide a written document stating the position of the agency relative to the issue of granting the privileges. The Court must take their position into account but is not bound by it.

If the Court grants the driving privileges, the Magistrate or Judge will sign a "permit form". The Court will provide the child support obligor with a copy of the permit form and send a copy to the Ohio Bureau of Motor Vehicles.
 

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Modifying Child Support Through the FCCSEA

  
Pursuant to Ohio Revised Code Section 3119.60, if the FCCSEA periodically (every 3 years) or on request of the obligor or obligee, plans to review a child support order in accordance with the rules adopted pursuant to Section 3119.76 of the Ohio Revised Code or otherwise plans to review a child support order, the FCCSEA shall do all of the following:

  • Establish a date certain on which the review will formally begin. The FCCSEA review is considered a desk review and is conducted without the obligor or obligee present.
  • Send the obligor and obligee notice of the planned review and the date when the review will formally begin. The notice must be sent at least 45 days before formally beginning the review.
  • Request the obligor and obligee to provide the FCCSEA no later than the scheduled date for formally beginning the review with all of the following:
    • A copy of the federal income tax return from the previous year.
    • A copy of all pay stubs obtained within the preceding six months.
    • A copy of all other records evidencing the receipt of any other salary, wages, or compensation within the preceding six months.
    • A list of the group health insurance and health care policies, contracts, and plans available and their costs.
    • The current health insurance or health care policy, contract, or plan under which the obligor or obligee is enrolled and its cost.
    • Any other information necessary to properly review the child support order.

Parties may request that the CSEA review their child support order every three years for possible modification. There is a possibility that the review will result in an increase, decrease, or no change in the support order.

If the order was established or adjusted (modified) within the past three years, a review cannot take place unless one of the following conditions is met (with verification):

  1. The existing order established a minimum or a reduced amount of support based on the Ohio child support guidelines (hereinafter "guidelines") due to the unemployment or underemployment of one of the parties and that party is no longer unemployed or underemployed. The requesting party must provide to the CSEA relevant evidence or information supporting an allegation of the change in employment status.
  2. Either party to the order has become unemployed or been laid off, the unemployment or lay off has continued uninterrupted for thirty consecutive days. The party requesting the administrative review must provide to the CSEA relevant evidence of the unemployment or lay off, including evidence that the unemployment or lay off is beyond the party's control. If the amount of the existing support order was calculated based on the annualized income of an individual who is employed in a seasonal occupation, and the cause of the request for a review is a seasonal lay off, then the party does not meet the criteria for an administrative review under this section.
  3. Either party has become unemployed due to a plant closing or mass lay off as defined in the Worker Adjustment and Retraining Notification Act (WARN) (1989), 29U.S.C.Section 2101 et seq. The administrative review request may only be made after the worker's last day of employment. The worker's last day of employment is considered the date of that worker's lay off. The worker must provide to the CSEA a copy of the notice of the plant closing or mass lay off provided pursuant to the WARN Act.
  4. Either party has become permanently disabled reducing his or her earning ability. The requester must provide to the CSEA verification of receipt of benefits administered by the Social Security Administration due to the disability and/or a physician's complete diagnosis and permanent disability determination.
  5. Either party has been institutionalized or incarcerated and cannot pay support for the duration of the child's minority and no income or assets are available to the party which could be levied or attached for support. The requesting party must provide evidence of the institutionalization or incarceration and the inability to pay support during the child's minority.
  6. Either party has experienced a thirty percent decrease in gross income, which is beyond a party's control, or an increase in gross income or income-producing assets for a period of at least six months and which can reasonably be expected to continue for an extended period of time. The party requesting the administrative review must provide to the CSEA relevant evidence or information supporting an allegation of a change in status.
  7. The order is not in compliance with the guidelines due to the termination of the support obligation for a child of the existing support order.
  8. In administrative support order(s) over which a court has not taken jurisdiction, to consolidate children of the same parents for whom a duty of support has been established into a single administrative support order that is in compliance with the guidelines.
  9. Either party requests access to available or improved health insurance coverage for the child. The requesting party must provide to the CSEA relevant evidence or information supporting the allegation that access to new or improved health insurance is available.
    NOTE: The FCCSEA will NOT review a case if both parties reside out of state.
  10. Either party has experienced an increase or decrease in the cost of child care or ordered private health insurance coverage. If the cost of child care or health insurance is expected to result in a change of more than ten percent to the child support obligation based on the current child support guideline calculation, then the party meets the criteria for an administrative review. The requesting party must provide relevant evidence or information supporting an allegation of an increase or decrease in the cost of health insurance or child care.
  11. The private health insurance that is currently being provided in accordance with the child support order is no longer reasonable in cost and/or accessible. The requesting party must provide relevant evidence or information supporting an allegation that the private health insurance is no longer reasonable in cost and/or accessible (new).
  12. Either party asserts that their annual gross income is now below 150% of the federal poverty level and they should not be ordered to pay cash medical support. The medical support obligor must provide the CSEA with relevant evidence or information supporting an allegation that the private health insurance is no longer reasonable in cost and/or accessible (new).
  13. The obligor is a member of the uniformed services and is called to active military service for a period of more than thirty days. See rule 5101:12-60-05.2 of the Administrative Code for instructions.
  14. An obligor who received a temporary support order adjustment pursuant to rule 5101:12-60-05.2 of the Administrative Code has notified the CSEA that the obligor's term of active military service has ended and has provided written documentation sufficient to establish that the obligor's employer has violated the Uniformed Services Employment and Reemployment Rights Act, 38 U.S.C. 4301 to 4333 (1994). (F) The CSEA shall provide a JFS 01849 to a party requesting an administrative review within two business days of the request.

The CSEA is not required to administratively review or adjust a support order if either party elects to proceed through court either through self-representation of through private counsel or an action has been filed with the Court by either party that may have an impact on the administrative review. However, if a party has elected to proceed through the Court and the Court subsequently dismisses the action, the CSEA may choose to administratively review the child support based on the applicable administrative review and adjustment rules. The CSEA should obtain a copy of the motion filed with the Court when it becomes aware that such an action has been filed.
  

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Deviations from Guidelines Support

  
***The FCCSEA cannot deviate from the guidelines***

Administrative Orders: If the FCCSEA cannot set the amount of child support without granting a deviation, the FCCSEA will bring an action in Juvenile Court or other Court with jurisdiction on behalf of the person who requested the modification, or if no one requested the modification, on behalf of the obligee.

Court Orders: If the court order contains a deviation or if the obligor or obligee intends to request a deviation, the obligor and obligee have a right to request a court hearing without first requesting an administrative hearing.
  

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FCCSEA Procedure for Conducting the Review


Administrative Orders: The FCCSEA will conduct the review on the date established. If the FCCSEA determines that a modification is necessary and in the best interest of the child subject to the order, the agency shall calculate the amount the obligor shall pay using the guidelines set forth in the Ohio Revised Code. The effective date for the modification shall be the first day of the month following the scheduled review date. If the agency can set the child support without granting such a deviation from the guidelines, the agency shall do the following:

  • Give the obligor and obligee notice of the revised amount of support.
  • Advise them of their right to an administrative hearing.
  • Advise them of the procedures and time deadlines for requesting the hearing
  • Give notice that the agency will modify the order to include the revised amount of child support unless the obligor or obligee requests an administrative hearing no later than 30 days after receipt of the notice.

If neither the obligor nor obligee requests an administrative hearing, the FCCSEA will modify the administrative child support order to include the revised child support amount.

If the obligor or obligee timely requests an administrative hearing, the FCCSEA shall do all of the following:

  • Schedule a hearing on the issue.
  • Give the obligor and obligee notice of the date, time, and location of the hearing.
  • Conduct the hearing and re-determine at the hearing a revised amount of child support.
  • Modify the order to include the revised amount of child support.
  • Give the obligor and obligee notice of the amount of child support to be paid.
  • Give the obligor and obligee notice that they may object to the modified order by initiating an action under Section 2151.231 of the Ohio Revised Code in Juvenile Court. The FCCSEA will attach an objection form which the obligor or obligee may use in order to comply with the requirement of "filing an action". The FCCSEA will forward the objection form and copies of the administrative order, modification of the administrative order, and Hearing Officer's Decision to the CSEA Liaison's office for filing. The Court will schedule the case for hearing before a Magistrate.

Court Orders: The FCCSEA will follow the same procedure as outlined above with the following changes:

The FCCSEA shall give notice that the Court-issued child support order contains a deviation granted under Ohio Revised Code Section 3119.23 or 3119.24 or 3113.215 (as it existed prior to March 22, 2001) of the Ohio Revised Code, or if the obligor or obligee intends to request a deviation from the child support amount, obligor and obligee have a right to request a court hearing without first requesting an administrative hearing, and that the obligor or obligee, in order to exercise this right, must make the request for a court hearing no later than 14 days after receipt of the notice.

The FCCSEA shall give notice that the revised amount of child support will be submitted to the Court for inclusion in a revised court child support order, unless the obligor or obligee requests an administrative hearing within 14 days after receipt of the notice.

If an administrative hearing is conducted, the FCCSEA shall give notice that the revised amount of child support will be submitted to the Court for inclusion in a revised court child support order unless the obligor or obligee requests a court hearing within 14 days after receipt of the notice.

If the obligor or obligee requests a court hearing, the FCCSEA will forward the objection letter to the CSEA Liaison for filing. The CSEA Liaison will schedule the case for hearing before a Magistrate.

In addition to determining if the revised amount of child support is the appropriate amount and if the amount should be revised, the Court may/shall determine the following:

Pursuant to Ohio Revised Code Section 3119.22 and 3119.24, the Court may order an amount of child support that deviates from the guidelines if the Court determines that the amount is unjust or inappropriate, and would not be in the best interest of the child.

The Court may (if requested) determine if the recommendations of the FCCSEA regarding which parent is responsible for the health care of the child(ren) subject to the child support order is appropriate.

Pursuant to Ohio Revised Code Section 3119.82, the Court shall designate which parent may claim the child (ren) as dependents for federal income tax purposes. If the parties agree, the Court shall designate that parent. If the parties do not agree, the Court may permit the parent who is not the residential parent and legal

custodian to claim the child(ren) only if the Court determines that this furthers the best interest of the child(ren) and, with respect to orders the Court modifies, reviews, or reconsiders, the payments for child support are substantially current as ordered by the Court for the year in which the child(ren) will be claimed as dependents.

The factors the Court must consider are as follows:

  • Net tax savings.
  • Relative financial circumstance and needs of the parents and child(ren).
  • Amount of time child(ren) spend with each parent.
  • Eligibility for federal earned income tax credit or other state or federal credit.
  • Any other relevant factor concerning the best interest of the child(ren).

If the exemption is awarded to the non-residential parent and legal custodian, the Court shall order the residential parent and legal custodian to take whatever action is necessary to enable the parent who is not the residential parent and legal custodian to claim the child(ren).

Issues the Magistrate may NOT address at the objection hearing:

  • Custody or visitation
  • Arrearage or overpayment
  • Payment of medical or dental bills
  • Attorney fees

In order to have these issues addressed by the Court, the obligor or obligee must file a separate motion.

If you have any questions about modifying your child support through the administrative process, please contact the FCCSEA at (614) 525-3275.
 

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Objections to Administrative Orders

  
An objection to a CSEA administrative order should be titled as follows:

  • "Complaint to establish paternity/objection to CSEA administrative paternity"
  • "Complaint to establish the non-existence of paternity/objection to CSEA administrative paternity"
  • "Complaint to set support/objection to CSEA administrative order"

The complaint is filed in the Juvenile Branch of the Clerk of Courts.
It must be filed within 30 days of the date on the administrative order.

The complaint must contain the following:

  1. The reason for the objection to the CSEA administrative order.
  2. Certificate of service to the CSEA.
  3. Name and SC# of attorney.

Note: The objecting party is the plaintiff.

The complaint must be accompanied by the following:

  1. Copy of the CSEA administrative order.
  2. Support worksheet attached to the administrative order.
  3. Notice of hearing/court date given by the Court liaison.

A copy of the complaint must be delivered to the CSEA. However, a CSEA representative does not appear at the hearing.

NOTE REGARDING RETROACTIVE SUPPORT AND BIRTHING EXPENSES: The CSEA cannot order child support retroactive to the date of the child's birth or birthing expenses. If either parent seeks retroactive child support or birthing expenses, that parent must bring an action to set support in Juvenile Court following the administrative establishment of parentage, or must object to the administrative child support order by bringing an action for payment of support within 30 days after the date the administrative child support order was issued.
  

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Objections to Modifications of Administrative Orders

  
An objection to a CSEA administrative modification of an administrative order must be filed with the CSEA. The CSEA forwards a copy of the administrative order and the administrative modification recommendation to the Court liaison. The Court liaison prepares and files the "Complaint to set support/objection to administrative modification of administrative order."

The complaint is filed in the Juvenile Branch of the Clerk of Court. The Court date is given by the Court liaison.

  

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How to Enforce/Modify/Terminate Orders in Court

  
Administrative child support orders are set pursuant to R.C. 3111.80 through R.C. 3111.85. R.C. 3111.81(C) and R.C. 3111.84 permit either party to object to an administrative child support order by filing an action for payment of support pursuant to R.C. 2151.231 in Juvenile Court within 30 days of the administrative order. R.C. 3121.37 provides that the administrative order is final and enforceable by the Court pursuant to R.C. 2705.02. Thereafter, the administrative order may be enforced, modified or terminated in one of the following ways:

ENFORCEMENT: A complaint should be filed in Juvenile Court to approve, adopt, and enforce the administrative order (a copy of the administrative order should be attached). The complaint should state the date and amount of the administrative order, as well as the amount of any alleged arrearage. The complaint must include the notice required by R.C. 3121.031. If a contempt finding is requested, the complaint must be accompanied by a summons containing the notices required by R.C. 2705.031(C). An order to appear and show cause may also be issued.

Effective November 15, 1996, the CSEA began filing "Complaints to enforce administrative child support orders." The CSEA first attempts to enforce orders administratively. If the administrative process fails, the agency will file the complaint in court.
  

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Adopt/Modify/Terminate Orders in Custody Complaints

 
Parties often wish to have their custody, visitation and child support orders combined in the same order. Three options exist for adopting, modifying and terminating an administrative child support order which has been in effect for more than 30 days in a custody action filed in Juvenile Court.

  1. File a complaint for custody/visitation/support, including a request to approve, adopt and enforce/modify/terminate the administrative child support order.

    Your final entry should approve and adopt the administrative child support order as a judicial order and may then modify that order and or terminate the administrative order.

  2. When filing a complaint for custody / visitation / support, you may set a judicial child support order and then notify the CSEA that the administrative child support order should terminate. You should deliver a time-stamped copy of the Court order to the CSEA. The CSEA will then conduct a termination investigation and terminate the administrative child support order.

    NOTE: If you elect this method, the obligor will have two child support orders in effect until the administrative order is terminated.

  3. You may elect to have the administrative child support order remain in effect and establish only custody and visitation judicially. To do so, you should recite in your pleadings and entry that child support was established administratively and, therefore, no provision is made for child support herein.

FOUR IMPORTANT POINTS

  1. The Court cannot adopt/enforce/modify/terminate an administrative child support order unless requested in the pleadings.
  2. Pursuant to Juvenile Rule 10(B)(3) all complaints filed in Juvenile Court, except parentage complaints which are filed pursuant to the Civil Rules, must be made under oath.
  3. The wage withholding notice filed in the Juvenile Court case should have the administrative child support order listed in parenthesis under the Juvenile Court case number and the "Amended Order/Notice" block should be checked at the top of the notice.
  4. You should contact the CSEA Liaison to inquire whether the obligee has received public assistance through the Ohio Department of Job and Family Services (ODJFS, formerly known as ODHS) during the time of the administrative order.
  

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Parenting Time

  
Never married parents may request Court-ordered parenting time after the establishment of paternity.  There are two ways to begin the process:  (1) filing a formal complaint for parenting time with the Court or (2) submitting a request for mediation with the Court Mediation Services.

  1. In the formal court process, parents ask the Court to set a parenting time schedule for them.  Depending on the issues involved, the Court may schedule the case for trial or the Court may refer the case to mediation to have the parties try to resolve the issues without a trial.
  2. Mediation is a process that gives the parents an opportunity to develop a parenting time schedule for their children rather than have a Judge or Magistrate decide for them.  The parents meet with a neutral professional (the mediator) who guides the communication process so that both parents have a chance to be heard.  The mediator will ask the parents to discuss the needs of their children regarding parenting time and the ways in which the parents can develop a parenting time schedule that meets the needs of the children and protects the best interests of the children.  The mediator does not make any decisions for the parents but helps the parents come to an agreement on a parenting time schedule that works for both parents and the children.

Either parent may request mediation.  The Court may also refer pending parenting time cases to mediation.  This program is funded by a grant from the State of Ohio and there is no fee for participation in this mediation program.
  

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Resolving Parenting Time Problems

  
Parenting time mediation is available for parents who already have Court- ordered parenting time, but who are experiencing visitation difficulties. Parenting time mediation is available for both divorced parents and parents who were never married to each other. Mediation is a process that gives parents an opportunity to resolve issues for their children and themselves rather than have a Judge or Magistrate decide for them. Either parent may request parenting time mediation without filing legal proceedings. Additionally, a Judge or Magistrate may refer pending contempt cases for mediation. Contempt motions are costly, time consuming, and often increase problems between the parents. Parenting time mediation provides parents with an opportunity to address parenting time issues in a timely manner.

Please call (614) 525-5872 if you would like more information about parenting time mediation.
  

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Mediation pursuant to Court Rule

  
Effective 1/22/07, Local Domestic Rule 22 and Local Juvenile Rule 17 have been amended.  Please refer to the Franklin County Domestic and Juvenile Court website for information:  www.fccourts.org.

  

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Lump Sum Seizures

  
Language contained in the withholding order is as follows:

"No later than forty-five (45) days before a lump sum payment is to be made* Notify the FCCSEA of any lump sum payment of any kind of one hundred fifty dollars or more*. Hold the lump sum payment for thirty (30) days after the date on which the lump sum payment would otherwise have been paid to the obligor* If the lump sum payments are workers' compensation benefits, severance pay, sick leave, lump sum payments for retirement benefits or contributions, annual bonuses, or profit sharing payments or distributions, and, upon order of the Court, pay any specified amount of the lump sum payment to the FCCSEA."

When a qualified lump sum payment is available, the employer notifies the CSEA.

Upon receipt of the notice of a "qualified lump sum payment," the CSEA will do the following:

1. Calculate the arrearage.

2. If the CSEA determines that no arrearage exists, the agency will send notification to the employer/BWC/etc. to release the lump sum payment to the employee.

3. If the CSEA determines that an arrearage does exist, they will submit an order for the employer/BWC/etc. to send a specified amount of the lump sum payment to the agency; the amount requested by the CSEA should not exceed the amount of the arrearage plus the appropriate processing charge.

4. If the obligor objects to the seizure, he/she must file a motion and set the matter for hearing before a Magistrate.

5. Upon receipt of the check from the employer/BWC/etc., the CSEA will disburse to the obligee, an amount up to the amount of the arrearage, to the processing charge account any processing charge due, and return the balance to the obligor.
  

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Representing Yourself / Objection Docket

  
REPRESENTING YOURSELF IN COURT ON THE OBJECTION DOCKET
(ADMINISTRATIVE ORDERS, MODIFICATIONS, TERMINATIONS, MISTAKE OF FACT HEARINGS)

  • You have the right to be represented by an attorney; however you may proceed without an attorney. Attorneys are not appointed for cases on the objection docket regardless of financial need.
     
  • There may be a representative from the Child Support Enforcement Agency present at the hearing.
     
  • The Court cannot * conduct telephone conference hearings due to the rules of evidence. The FCCSEA is permitted to conduct telephone conference hearings because they conduct administrative hearings which are not bound by the same rules as the Court.
     
    • *UIFSA (Uniform Interstate Family Support Act) cases may qualify for a Court Telephone Conference Hearing. Please contact your support officer to confirm that your case is considered a UIFSA case (residing outside the county or the state of Ohio does not automatically make your case a UIFSA case).
       
  • The FCCSEA does not forward any of your records to the Liaison Office or the Court. If you did not retain a copy for your records, please contact your support officer prior to the hearing to obtain a copy.
     
  • The FCCSEA does not forward a copy of the pay history (pay record). Please obtain the pay history prior to the hearing.
     
  • You have the right to present evidence and witnesses.
     
  • The Court cannot consider any evidence mailed to the Court. You or an attorney must be present at the hearing to present evidence to the Magistrate.
     
  • The Court will retain any documents submitted as evidence; therefore copies should be made by you prior to the hearing.
     
  • Your case will be heard by a Magistrate appointed by the Judge assigned to your case.
     
  • Objections to a Magistrate’s Decision must be filed within 14 days (business days) of the time stamp on the decision.
     
  • The CSEA Liaison Office cannot assist you with filing the objection.
     
  • A transcript is required when filing an Objection to a Magistrate’s Decision. Transcripts can be obtained from the Court Stenographers office located on the 5th floor, 373 S. High Street, Columbus, Ohio 43215. The phone number is (614) 525-5663.
     

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Terminate Court Ordered & Administrative Support

  
Pursuant to Ohio Revised Code Section 3119.87
, the parent who is the residential parent and legal custodian of a child for whom a child support order is issued or the person who otherwise has custody of a child for whom a child support order is issued IMMEDIATELY SHALL NOTIFY, and the obligor may notify the FCCSEA of any reason for which the child support order should terminate. With respect to a court child support order, a willful failure to notify the FCCSEA as required is contempt of court.

Pursuant to O.R.C. Section 3119.86, the duty to support a child imposed pursuant to a court child support order shall continue beyond the child's eighteenth birthday only under the following circumstances:

  • The child is mentally or physically disabled and is incapable of supporting or maintaining himself or herself
  • The child's parents have agreed to continue support beyond the child's eighteenth birthday pursuant to a separation agreement that was incorporated into a decree of divorce or dissolution
  • The child continuously attends a recognized and accredited high school on a full-time basis on or after the child's eighteen birthday

A Court-issued child support order shall not remain in effect after the child reaches nineteen years of age, unless the order provides that the duty of support continues under the circumstances described above.

The duty to support a child imposed pursuant to an administrative child support order shall continue beyond the child's eighteenth birthday only if the child continuously attends a recognized and accredited high school on a full-time basis on or after the child's eighteenth birthday.

An administrative child support order shall not remain in effect after the child reaches age nineteen.

Reasons to terminate support (O.R.C. Section 3119.88):

  • Emancipation
  • Adoption
  • Enlistment in armed services (child)
  • Deportation (child)
  • Marriage of child
  • Marriage of obligor to obligee
  • Death of child, obligor, or obligee (unless otherwise provided in court order)
  • Change of legal custody
  • Spousal support - terms of decree have been met

Procedure:

Notify the FCCSEA in writing of the occurrence of one of the above events at 80 E. Fulton Street, Columbus, Ohio 43215, Attention: ENFORCEMENT. This notification should list the reason to terminate support, and include current addresses of the parties, social security numbers, and date of birth of both parties.

The FCCSEA requires the following documentation in addition to the request for termination:

  1. Emancipation: copy of birth certificate (or other legal document showing the date of birth of the child), copy of the diploma or a letter from the school indicating when the child graduated or dropped out of school.
  2. Adoption, death, deportation, marriage, enlistment in armed services: must provide documented proof. Please call your FCCSEA support officer if you have any questions.
  3. Legal custody: must provide a copy of the entry indicating permanent legal custody.
  4. Spousal support: provide proof that the terms of the decree have been met. A termination investigation is not necessary if the reason to terminate the spousal support is that the specified number of months or years has passed. Simply submit a copy of the decree and a new wage withholding (if there is also child support) or a termination of wage withholding to the Duty Bailiff.

Upon receipt of the notification, the FCCSEA will do the following:

If the documentation is not sufficient or the reason to terminate is not appropriate, the FCCSEA will notify the person who sent the request that the request is being denied and indicate the reason for the denial.

If the documentation is sufficient and the FCCSEA determines that a termination investigation should be conducted, the FCCSEA will conduct the investigation within 20 days of receipt of the request.

The FCCSEA will mail copies of the investigation to the obligor and obligee.

The FCCSEA investigation will also include a determination of whether or not the support should be impounded.

The investigation will contain the following:

  • Recommendation to terminate support including the reason
  • Arrearage or credit amount
  • Processing charge arrearage or credit amount
  • Liquidation amount (if applicable)
  • Ongoing support amount * for other child(ren) and/or spousal support (if applicable)
  • Recommendation to impound support (if applicable)
  • Recommendation regarding the release of impounded fund (if applicable)
  • Notice of right to request an administrative hearing, including the procedures and time deadlines for requesting a hearing (objection form will be attached to the investigation). The objection form must be received by the FCCSEA within thirty (30) days after receipt of the investigation.
  • Notice that the conclusions of the investigation will be issued as a court order (if the underlying order is a court order), or an administrative order (if the underlying order is an administrative order).

*Pursuant to O.R.C. Section 3119.89(B), the FCCSEA will divide the child support due annually (and per month) under the order by the number of children who are the subject of the order, and subtract the amount due for the child for whom the order should be terminated from the total child support amount due annually (and per month). The resulting annual (and per month) child support amount will be the amount the FCCSEA recommends as ongoing support. The child support will not be stated "per child".
  

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Notice of Default/Mistake of Fact

  
Within 15 calendar days after identification of a default under a support order, the Office of Child Support in the Department of Job and Family Services shall send Notice to the Obligor of the default. The Notice shall include a notice describing the actions that may be taken against the obligor if the Court or agency makes a final and enforceable determination that the obligor is in default.

The contents of the Notice are final and are enforceable by the Court, unless the obligor files a written request for an Administrative Hearing with the CSEA within seven days after the date on which the Notice is sent. This hearing will determine whether a Mistake of Fact was made in the Notice, The obligee cannot object. The Notice will contain a section to complete and return in order to comply with the written request.

If the CSEA determines that a Mistake of Fact was made, it shall determine the provisions that should be changed and included in a Corrected Notice. The Agency's determinations are final and enforceable by the Court unless, within seven days after the Agency makes its determinations, the obligor files a written motion with the Court for a Hearing to determine whether a Mistake of Fact still exists in the Notice or Corrected Notice. The Franklin County CSEA will attach a form in order to object to the Hearing Officer's Decision.

If the Court determines that a Mistake of Fact was made, it shall immediately correct the Notice.
  

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NMSN (National Medical Support Notice)

  
What is the NMSN?
The National Medical Support Notice (NMSN) is a form required by the Child Support Performance and Incentive Act of 1998, 42 U.S.C. 666(a)(19), as modified by ODJFS under R.C.3119.291, to help obtain health insurance for child support children.

A person who received an NMSN notice may file a written request for an administrative mistake of fact hearing by completing the objection form attached to the notice. The completed form must be received by the CSEA within 7 business days of the date on which the notice was sent. The CSEA will conduct an administrative mistake of fact hearing. The MI Obligor (person required to provide health insurance under a medical insurance order) has the right to object to the administrative mistake of fact hearing decision and request a court hearing. An objection form is attached to the administrative mistake of fact hearing decision and must be received by the CSEA within 7 business days after the date the CSEA makes its determination. The CSEA's determination is final unless a timely objection is filed.

If the MI Obligor's spouse has satisfactory health insurance which covers the child(ren), the CSEA may consider the MI obligor to be in compliance with the medical insurance order.
  

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Cash Medical Support Orders

For newly created or modified child support orders, a cash medical support obligation will be established. The new or modified child support order will not only contain a cash medical support obligation, it will also contain two (2) different child support obligations.

  • A child support amount when private health insurance is being provided
  • A child support amount when private health insurance is not being provided.

The non-residential parent will be ordered to pay a cash medical support amount when private health insurance coverage is not being provided. The child support obligee will not be ordered to pay cash medical support.

INTENDED PURPOSE: to reimburse the residential parent or the state of Ohio for all or a portion of the medical costs incurred.

WHAT ARE THE CHANGES:

  • New definition of reasonable cost
  • Creation of Cash Medical Orders
  • Changes to ORC 3119.30 / determining how the medical obligor is identified
  • The word “private” was added to the term health insurance to clarify that the insurance must be from a source other than publicly funded (e.g. Medicaid)

CHANGES TO REASONABLE COST: The Court may order a party to provide private medical insurance if it is reasonable in cost and accessible. It will now be the CSEA’s responsibility to determine if the insurance is reasonable in cost. The NMSN (National Medical Support Notice) process will not change.

  • Reasonable: Contributing cost of private health insurance to the person responsible for the health care of the children subject to the child support order that does not exceed an amount equal to five (5) percent of the annual gross income of that person (3119.20(B) Fed Rate). In applying the five percent, the contributing cost is the difference between individual and family coverage. 3119.29(A)(8)
     
  • Accessible: Private health insurance that provides primary care services within thirty (30) miles from the residence of the child subject to the child support order. Accessibility will be presumed unless a Mistake of Fact hearing is requested and proved otherwise.

EXCEPTIONS TO REASONABLE COST:

  • When both parties agree
  • When one party requests that he/she be ordered
  • The Court finds that an exception to reasonable cost is in the best interest of the child and will cause no undue financial burden on either party. 3119.302

ORC 3119.30(B):

Under ORC 3119.30(B) the obligee, obligor or both can be ordered to obtain private health insurance coverage for the children. If private health insurance is not available to either one they may both be required to report when insurance is available.

NOTICES (FORMS) USED WHEN CHANGES OCCUR

All of the notices/forms will be mailed to the parties and carry with them the right to request an administrative mistake of fact hearing. The FCCSEA will notify the Court (form) when the changes occur. Parties may request a judicial mistake of fact hearing if they do not agree with the results of the administrative mistake of fact hearing.

JFS 4031   Notice regarding cash medical support order – private health insurance is now being carried by party originally ordered to carry and cash medical order is ending.
 
JFS 4032   Notice to provide cash medical support – private insurance is not available and cash medical will be activated.
 
JFS 4033   Notice to provide private health insurance – private insurance now available to one of the parties and cash medical is ending (neither party originally ordered to carry)

Effective date as coverage changes:

  • When notified that an individual no longer has insurance and the cash medical order must be initiated, the effective date of the child support and cash medical support obligation will be the first day of the full month that insurance is not available.
     
  • When insurance becomes available to an individual who is currently paying a cash medical support obligation, the cash medical obligation will cease on the last day of the month prior to the month private medical insurance is provided.