Ohio Administrative Code|Rule 5101:12-80-05.6 | Recoupment.

                                                
(A) Recoupment is a process that is used
		  to:
(1) Recover an incorrect
			 disbursement in order to reimburse an entity that covered the fiscal impact of
			 a misapplied payment;
(2) Refund overpaid child
			 support to an obligor upon termination of a support order, in response to a
			 request from an obligor for the refund or pursuant to an order. "Overpaid
			 child support" has the same meaning as in rule 5101:12-50-20 of the
			 Administrative Code; or
(3) Recover an internal
			 revenue service (IRS) adjustment in accordance with rule 5101:12-50-32.9 of the
			 Administrative Code.
(B) The child support enforcement agency
		  (CSEA) shall not use the recoupment process to:
(1) Return to the obligor
			 a payment that allocates to future monthly obligations when there is an ongoing
			 support obligation.
(2) Recover funds from an
			 obligee that were received due to an incorrect disbursement in order to issue
			 the funds directly to the correct obligee.
(C) When an erroneous payment is the
		  result of a remitter error, the remitter is responsible for resolving the
		  error. When the CSEA elects to assist a remitter, via the recoupment process,
		  in recovering a payment issued as a result of a remitter error, the CSEA shall
		  cover the fiscal impact of the remitter error.
(D) When a CSEA covered the fiscal impact
		  of an incorrect disbursement or a remitter error and funds are recovered, the
		  recovered funds will be issued to the CSEA.
(E) Upon determining that a recoupment is
		  necessary, the CSEA:
(1) Shall submit the JFS
			 07031, "Recoupment Account Creation Request" (effective or revised
			 effective date as identified in rule 5101:12-80-99 of the Administrative Code),
			 to payment analysis and account reconciliation (PAAR).
(2) Shall issue the JFS
			 04090, "Notice of Erroneous Payment" (effective or revised effective
			 date as identified in rule 5101:12-80-99 of the Administrative Code), to the
			 person who received the funds, when there is no order requiring the repayment
			 of funds. When a person fails to complete the JFS 04090, the CSEA may recover
			 the funds by filing an action with a court requesting an order for repayment of
			 the amount due.
(3) May issue the JFS
			 04090 to the obligee when the recoupment is to recover overpaid child support
			 in accordance with rule 5101:12-50-20 of the Administrative Code.
(F) PAAR shall establish a recoupment
		  account when PAAR determines that such an account is necessary, either in
		  response to receiving a JFS 07031 from a CSEA or through PAAR's own
		  research. Upon establishing the recoupment account, PAAR will notify the CSEA
		  that the recoupment account has been established.
(G) A recoupment account shall not be
		  satisfied through the deduction of child support payments unless the obligee
		  has consented to the action via the JFS 04090 or the court has ordered the
		  action.
(H) The CSEA is responsible for the
		  enforcement of the recoupment account. When a person wants to change the terms
		  of an existing JFS 04090, the CSEA shall:
(1) Issue a new JFS 04090
			 to the person; and
(2) Upon receipt of the
			 new JFS 04090 that has been signed by the person, submit the JFS 07026,
			 "Recoupment Account Maintenance Request" (effective or revised
			 effective date as identified in rule 5101:12-80-99 of the Administrative Code),
			 to PAAR.
(I) Financial corrections shall not be
		  utilized to redirect funds from a case/order combination to a recoupment
		  account unless there is a misapplied payment.
(J) When a person consents on the JFS
		  04090 to apply support payments due to the person as an obligee in a case/order
		  combination towards repayment on a recoupment account, the payments will first
		  allocate to the case/order combination before being applied to the recoupment
		  account.
(K) The CSEA shall not use administrative techniques
		  authorized for the purpose of collecting support payments (e.g., income
		  withholding, case establishment in SETS, monetary sub-orders) to enforce a
		  recoupment account.
(L) The CSEA will use the JFS 07026,
		  "Recoupment Account Maintenance Request" (effective or revised
		  effective date as identified in rule 5101:12-80-99 of the Administrative Code),
		  to request that PAAR modify, close, or delete a recoupment account. A
		  recoupment account may only be deleted when the request is received the same
		  day that the recoupment account was established.