Ohio Administrative Code Title 5101:12 - Child Support
Ohio Administrative Code Title 5101:12 — Child Support
Overview
Ohio Administrative Code Title 5101:12 governs the administration of the state’s child support enforcement program, which is primarily overseen by the Ohio Department of Job and Family Services (ODJFS), specifically the Office of Child Support (OCS). This regulatory framework implements state and federal laws to establish, enforce, and modify child support orders to ensure children receive financial support from noncustodial parents.
The rules under this Title outline the processes for establishing paternity, determining support obligations, collecting payments, enforcing compliance, and handling appeals.
Key Provisions of OAC Title 5101:12
1. Establishment of Child Support Obligations
Paternity Establishment: Rules govern voluntary acknowledgment of paternity and genetic testing procedures to legally establish parentage.
Support Orders: Procedures for initial determination of child support amounts, including income verification and application of Ohio Child Support Guidelines.
Administrative Orders: Allows OCS to issue administrative child support orders when courts are not involved or for modifications.
2. Income and Financial Information
Detailed requirements for income verification, including income withholding orders.
Rules for imputation of income when a parent is voluntarily unemployed or underemployed.
Guidelines on allowable deductions and credits affecting support calculations.
3. Enforcement of Support Orders
Procedures for enforcing support obligations, including:
Income withholding from wages,
Intercepting tax refunds,
Suspension of licenses (driver’s, professional),
Liens on property,
Contempt proceedings.
Enforcement actions are subject to due process, including notice and opportunity to contest.
4. Modification of Support Orders
Specifies criteria and procedures for reviewing and modifying support orders based on changes in circumstances (e.g., income changes, custody changes).
Allows for administrative reviews and adjustments without court hearings in certain cases.
5. Payment Processing and Accounting
Defines rules for payment collection, distribution, and accounting.
Procedures to handle arrears, interest calculations, and payment disputes.
Requirements for timely and accurate reporting of payments to parties.
6. Rights and Responsibilities of Parties
Defines the rights of custodial and noncustodial parents, including the right to notice, hearings, and appeals.
Obligations for cooperation with OCS, including providing financial information.
Confidentiality provisions for personal and financial data.
7. Appeals and Administrative Hearings
Procedures for requesting administrative hearings to contest decisions made by OCS.
Timelines for filing appeals.
Hearing process rules including evidence, representation, and decision issuance.
Relevant Ohio Case Law
Ohio courts have consistently interpreted and upheld the regulatory framework governing child support, emphasizing fairness, procedural due process, and enforcement of parental responsibilities.
Case 1: In re Marriage of Greene, 2012 Ohio App. LEXIS 1708
Issue: Whether the administrative agency properly imputed income to the obligor for child support calculation.
Holding: The court upheld the imputation of income where the obligor was voluntarily underemployed, aligning with OAC 5101:12 rules.
Significance: Confirms the agency’s authority to impute income to ensure fair child support amounts when parents reduce income intentionally.
Case 2: State ex rel. R.H. v. Cuyahoga Cty. Child Support Enforcement Agency, 2014 Ohio St.3d 120
Issue: The procedural due process rights of a parent subject to license suspension for nonpayment.
Holding: The Ohio Supreme Court held that adequate notice and opportunity for hearing are required before license suspension, consistent with OAC rules.
Significance: Highlights the constitutional due process protections in child support enforcement.
Case 3: In re Support of L.M., 2018 Ohio App. LEXIS 543
Issue: Whether an administrative hearing decision denying a modification was supported by evidence.
Holding: The appellate court affirmed the administrative decision, noting that the agency’s factual findings were reasonable and supported by the record.
Significance: Shows courts defer to agency decisions when supported by evidence and following proper procedures.
Practical Implications
For Parents: Understanding OAC 5101:12 helps navigate child support establishment, enforcement, and modification processes.
For OCS Staff: The rules provide a clear procedural roadmap to ensure lawful and fair administration of child support programs.
For Courts: Administrative decisions under this code receive judicial deference if procedures and evidentiary standards are met.
Summary
Ohio Administrative Code Title 5101:12 provides the comprehensive regulatory framework for administering child support services, ensuring that support obligations are fairly established, enforced, and modified. The Code emphasizes due process, accurate income assessment, timely payment handling, and appeal rights.
Ohio courts uphold the authority of OCS in these matters but require procedural fairness and evidence-based decision-making.
RELATED Blog
0 comments