Ohio Administrative Code|Rule 5101:12-60-05 | Administrative review and adjustment process.

                                                
(A) This rule and its supplemental rules
		  describe the procedures for the administrative review and adjustment of child
		  support orders. The child support enforcement agency (CSEA) shall proceed in
		  accordance with this rule and its supplemental rules when a IV-D application as
		  described in paragraph (A) of rule 5101:12-10-01.1 of the Administrative Code
		  or a IV-D referral as described in paragraph (B) of rule 5101:12-10-01.1 of the
		  Administrative Code that has been completed and filed with the
		  CSEA.
(B) The following terms and definitions
		  are applicable to this rule and its supplemental rules:
(1) "Adjustment" means a change in the:
(a) Amount of a current child support obligation;
(b) Amount of an ordered payment on arrears;
(c) Amount of a current cash medical support obligation;
				or
(d) Medical support provision:
(i) To provide health
				  care coverage for the child subject to the child support order; or
(ii) To provide cash
				  medical support; or
(iii) For the shared
				  responsibility of uncovered health care expenses.
(2) "Date
			 certain" means the date on which the administrative review of the child
			 support order is initially scheduled to be conducted.
(3) "Date of the
			 most recent support order" means the effective date of the last child
			 support order, which was issued as a result of a calculation using the Ohio
			 child support guidelines, including a no-change order.
(4) "Evidence"
			 may include but is not limited to: a written statement, letter, or affidavit by
			 the requesting party or a person with personal knowledge of the circumstances;
			 a letter or other documentation from the requesting party's current or
			 past employer, pay stubs, other employment records; written communication from
			 the state or county department of job and family services documenting the
			 receipt of or approval of eligibility for public assistance or unemployment
			 compensation benefits; or any other relevant documentation.
(5) "Guidelines" refers to the Ohio child support
			 guidelines:
(a) As set forth in Chapter 3119. of the Revised Code, prior to
				March 28; 2019; or
(b) As set forth in accordance with rule 5101:12-1-17 of the
				Administrative Code, on or after March 28, 2019.
(6) "Non-requesting
			 party" means the person who did not submit the JFS 01849, "Request
			 for Administrative Review of the Support Order" (effective or revised
			 effective date as identified in rule 5101:12-60-99 of the Administrative Code),
			 or, in an administrative review initiated by the CSEA, the
			 obligor.
(7) "Parent"
			 means a mother or father of the child of the support order.
(8) "Party" or
			 "parties" means the obligee, which may be a caretaker or any
			 individual or entity with legal or physical custody of the child, and/or the
			 obligor(s) to a child support order.
When a party has a legal guardian or an
			 authorized representative, the legal guardian or an authorized representative
			 may submit documentation on behalf of the party.
(9) "Review" means an objective
			 evaluation of information necessary to determine:
(a) Child support and cash medical support obligations based on
				the application of the guidelines; and
(b) Medical support provisions identified in paragraph (B)(1)(d)
				of this rule.
(C) The CSEA shall use the
		  guidelines:
(1) As set forth in
			 Chapter 3119. of the Revised Code for administrative reviews initially
			 scheduled to be reviewed prior to March 28, 2019; or
(2) As set forth in
			 accordance with rules 5101:12-1-17 and 5101:12-45-10 of the Administrative Code
			 for administrative reviews initially scheduled to be reviewed on or after March
			 28, 2019; and
(3) As a rebuttable
			 presumption in the administrative review and adjustment of a child support
			 order. The CSEA shall not deviate from the use of the guidelines in calculating
			 and recommending a revised amount.
(D) When an administrative review
		  indicates that an adjustment is appropriate, the CSEA shall recommend the
		  adjustment of the child support order. An adjustment is only appropriate
		  when:
(1) The recommended
			 amount of a child support obligation or a cash medical support obligation is
			 more than ten per cent different than the existing obligation; or
(2) There is a change in
			 a medical support provision identified in paragraph (B)(1)(d)(i) or
			 (B)(1)(d)(ii) of this rule. A change in the medical support provision
			 identified in paragraph (B)(1)(d)(iii) of this rule alone does not warrant an
			 adjustment.
(E) The CSEA shall only administratively
		  review and adjust the child support obligation, the cash medical support
		  obligation, the payment on arrears, and the medical support provisions
		  identified in paragraph (B)(1)(d) of this rule that may be contained in a child
		  support order. The CSEA shall not review or adjust other provisions of the
		  order such as tax exemptions, the allocation of the parental rights and
		  responsibilities for the care of the child, or spousal support.
(F) The CSEA shall not conduct an
		  administrative review and adjustment on the payment on an arrears only
		  case.
(G) In providing support enforcement program services, including
		  an administrative review and adjustment, the CSEA and its contracted agents
		  (e.g., prosecutors, attorneys, administrative officers) represent the best
		  interests of the state of Ohio and not the recipient of services or the
		  recipient's personal interest, when that interest is contrary to the
		  interest of the state of Ohio.
(H) Every thirty-six months after the date of the most recent
		  child support order, the Ohio department of job and family services, office of
		  child support will issue a JFS 07049, "Notice of Right to Request Review
		  of Child and Medical Support Order" (effective or revised effective date
		  as identified in rule 5101:12-60-99 of the Administrative Code), to notify each
		  party of the right to request an administrative review. The JFS 07049 provides
		  the parties with the procedures for requesting an administrative review and the
		  appropriate place and manner in which the request should be made.