Section 5101:12-80-14.2 - Assignment and distribution in a Title IV-D/Title IV-E foster care maintenance case(A) The purpose of this rule is to describe the provisions of assignment and distribution in a Title IV-D/Title IV-E foster care maintenance (FCM) case.(B) Upon the effective date of the FCM assignment period:(1) Current child support is assigned to Ohio department of job and family services (ODJFS).(2) Never assigned child support arrears sweep to permanently assigned child support arrears.(C) The following definitions are applicable to this rule:(1) "FCM non-waiver case" means a case in which distribution is completed using: (a) The actual IV-E grant amount, when the amount is available; or(b) A predetermined average IV-E grant amount, when the actual IV-E grant amount is not available.(2) "FCM waiver case" means a case in which distribution is completed using: (a) The actual IV-E grant amount, when the amount is available, based on their reimbursable maintenance costs; or(b) A predetermined average IV-E grant amount, when the actual IV-E grant amount is not available. (3) "Grant amount" means the amount of Title IV-E funds the Title IV-E agency spends on an FCM-eligible child in a calendar month.(a) "Actual IV-E grant amount" means the actual amount of funds spent on a child in a calendar month.(b) "Average IV-E grant amount" means a predetermined average amount of funds spent on a child in a calendar month.(D) Distribution in both FCM non-waiver and waiver cases. In a current assistance case, support collections shall be distributed as follows:
(1) Current obligation.(a) The amount collected for and applied to the current obligation that is less than or equal to the current month's grant amount shall be retained and used to reimburse the current month's grant.(b) Following reimbursement, the balance of the current month's grant shall be added to the unreimbursed assistance (URA) amount. The amount collected that is greater than the current month's grant amount shall be owed to the Title IV-E agency.(2) Arrears. (a) The amount collected for and applied to arrears that is less than or equal to the URA amount shall be retained and used to reimburse the URA.(b) The amount collected for and applied to arrears that is greater than the URA amount shall be owed to the Title IV-E agency.(3) Futures. The amount collected for and applied to assigned futures shall be held and applied to the current obligation(s) in the following month(s).
(4) Upon the termination of the FCM assignment period:(a) Any amount of permanently assigned child support arrears that are greater than the URA amount shall sweep to never assigned child support arrears; and(b) Assigned futures shall sweep to unassigned futures.Ohio Admin. Code 5101:12-80-14.2
Effective: 6/1/2021
Five Year Review (FYR) Dates: 1/28/2021 and 06/01/2026
Promulgated Under: 119.03
Statutory Authority: 3125.25, 5107.05
Rule Amplifies: 3121.43, 3123.19, 5107.20
Prior Effective Dates: 08/01/1975, 05/21/1979, 08/01/1982, 12/01/1986, 12/01/1987, 08/01/1990, 06/01/1993, 03/09/2001, 09/20/2001, 06/15/2006, 10/01/2009