Income Withholding Orders (IWO)
OAC 5101:12-50-10.2 CSEA's Responsibility for Income Withholding
An Income Withholding Order (IWO) is a requirement for the CSEA to collect child support/spousal support, cash medical support and the arrears owed on a child support/spousal support order. This is how the CSEA collects the majority of payments processed on cases.
National Medical Support Notice (NMSN)
OAC 5101:12-57-10 National Medical Support Notice
This notice is sent to employers for the party or parties who are obligated to provide medical coverage for the dependent(s) per the order.
When a case reaches default (one month in arrears), a notice is sent to the obligor advising of the multitude of actions that can be taken now that the case reflects a past due balance.
Interception of Federal and State Tax Refunds
OAC for Federal Tax Offset 5101:12-50-32.1 Submission Criteria
OAC for State Tax Offset 5101:12-50-20.2 Overdue Support
Reporting delinquent parents to Credit Reporting Agencies
ORC 3123.92 Providing Determination of Default to Consumer Reporting Agency
Suspension of Driver, Recreational and Professional License
OAC 5101:12-55-25 License Suspension
When a case is in default, an obligor’s driver, recreational, or professional license can be suspended.
Bank Account Freeze and Seize
OAC 5101:12-55-10 Financial Institution Data Match Program
OAC 5101:12-50-34 Passport Denial and Reinstatement
Casino/Racino/Lottery Jackpot intercept
OAC 5101:12-55-30 State Lottery Prize Award Intercept OAC 5101:12-55-30.1 State Lottery Data Match and Withholding
ORC sections 3121.12, 3123.90, 3770.071, & 3770.073 authorizes the CSEA to seize jackpot winnings on cases where obligors are in default. The obligor must be in default to have jackpot winning seized. This process is automated at the state level and matches are done in real time.
5101:12-50-12 Lump Sum Payments
Motion to Seek Work
OAC 5101:12-50-17 Seek Work
Instead of ordering the obligor to make payments on his/her child support case or face jail time, the court may issue a Seek Work order which simply orders the obligor to “seek work” by registering with Ohio Means Jobs and seeking employment. Proof of such efforts is to be provided by submitting copies of the applications for employment to the Medina County Prosecutor’s Office, Child Support Division.
Motion to Show/Contempt
ORC 2705.031 Initiating Contempt Action for Failure to Pay Support
When an obligor has failed to pay his/her child support for 90 days, both parties reside in the state of Ohio (unless the case is Interstate), we have verified location for both parties and there is no pending legal action, the case can be reviewed for Contempt action. When a caseworker is referring a case for Contempt, the worker is requesting the Prosecutors Office file a Motion to Show (Cause) in front of Domestic Relations Court asking the obligor/defendant “to Show Cause” as to why he/she is not paying their child support obligation. The court will set a date for the hearing, the hearing will be held (if the defendant shows) or a warrant will be issued (if the defendant fails to show). Purge specifications will be set and a hearing date will be set for a future date.
Criminal Non Support/Felony Non Support
ORC 2919.21 Nonsupport or Contributing to Nonsupport of Dependents
This type of action is taken case by case and is reviewed by the Prosecutors Office as well as the Criminal Division of the Prosecutors Office.
OAC 5101:12-70 Intergovernmental Cases
Just as there are many types of child support cases, there are many types of Intergovernmental cases, it would be impossible to give examples of all of situations that could arise. There are two basic categories, Initiating and Responding cases, described below. These cover general types of situations just to explain the basic premise of these types of cases.
Initiating Intergovernmental Action
When the client and child reside in Ohio and the obligor resides outside of Ohio and has failed to pay his/her child support obligation, the case can be reviewed for intergovernmental action. As long we have a valid address for the obligor in another state and there is no medical reason for nonpayment and no pending legal action, Ohio can request the state in which he/she resides to register the tribunal (controlling order) for enforcement. This means that we (Medina County) are asking another county to legally enforce the child support order using their enforcement measures. Not only can they garnish the person’s wages or suspend his/her license, but they can also take the obligor to court for not paying support.
Responding Intergovernmental Action
This case is the exact opposite of initiating cases. In this type of case the client and the child live outside of Ohio and the obligor lives in Medina County. The obligor is not paying support and the state in which the client resides requests our help in collecting support. We will then register their order in our court and enforce it just like it’s our order.
Collection of Unclaimed Funds
ORC 3123.88 Application of Unclaimed to Defaults
The CSEA can request an unclaimed fund be directed to pay towards arrears owed on a child support case.
Divorce and/or Dissolution Actions
A divorce or dissolution action, including but not limited to child support, medical support, custody, visitation, and property settlements, must be filed in a Court as the CSEA does not handle these types of actions.
What is an Income Withholding Order/Wage Garnishment?
A majority of support collected is collected through income withholding orders. The CSEA may send an income withholding order to an employer as well as other sources of income. These other sources of income include but aren’t limited to bank funds, unemployment compensation, workers’ compensation and some social security benefits, pensions and lottery winnings.
What is a Default?
When an obligor is behind by his or her support obligation by one month, the case is then in default. When a case is in default, the Notice to Obligor of Default and Potential Action is mailed to the obligor advising the CSEA is required to issue a garnishment that includes a payment on arrears that equals 20% of the current support obligation. The notice also provides additional enforcement actions that can be taken to collect the arrearage owed. These actions include but are not limited to: reporting the arrearage amount to a credit reporting agency, imposing a lien on real and personal property, referring cases to a collection agency, restricting and withdrawing money from any account held at any financial institution, proposing suspension of a driver, recreational or professional license, etc.
Is My Case Going to get a Tax Refund?
Why is the Tax Offset on Hold?
If a refund is filed jointly, the CSEA will hold the refund for six (6) months which gives the spouse of the obligor ample time to file an injured spouse claim to have his or her portion of the refund released. If, however, a joint refund is received and the obligor and his or her spouse would like the entire payment disbursed to the case to pay towards the arrears, our payment department will happily help with that.
You intercepted my Joint Income Tax Refund, Now What?
If your spouse wants to claim his/her portion of the refund, he/she could file an Injured Spouse Form. If, however, a joint refund is received and you and your spouse would like the entire payment disbursed to the case to pay towards the arrears before the six month time period, our payment department will happily help with that. Weekly updates are generated to the Internal Revenue Service to advise of deletions.
What about Medical Coverage/National Medical Support Notice? OAC 5101:12-47-02 Establishment of Medical Support Provisions
When a party to the case is ordered to provide medical coverage for the child(ren), a National Medical Support Notice (NMSN) is sent to the obligor’s employer. Either party, neither party, or both parties to the case can be responsible for medical coverage at any given time during the existence of the order. Every order has the specific wording it in which states who is ordered to provide medical coverage. A Notice of Medical Support Enforcement Activity (NMSEA) is sent with every National Medical Support Notice (NMSN) which allows the Medical Coverage obligor to request a hearing or provide proof of Alternate Insurance (e.g., through a spouse or union or independent coverage not through the employer).
What is a Cash Medical/Medical Support Payment?
Ohio requires all child support orders include an order for health insurance coverage (to obtain and/or maintain available private health insurance coverage that is at a reasonable cost). It also adds the requirement that a cash medical support order be established. The order will contain a child support obligation amount and an amount to be paid for the cash medical support obligation. The cash medical support amount will be paid to the child support obligee unless the obligee is receiving medical coverage through a public entity (Medicaid through the state of Ohio). It is to be noted that if the obligor’s annual gross income is below 150% of the federal poverty level for an individual at the time that the child support order is issued or modified, cash medical support will be set at $0.00.
What about my Credit Report?
I WON THE LOTTERY!
We are just as excited, trust me! ORC sections 3121.12, 3123.90, 3770.071, & 3770.073 authorizes the CSEA to seize jackpot winnings on obligors who are in default. The obligor must be in default to have jackpot winning seized. This process is automated at the state level and matches are done in real time.
What about Social Security Benefits?
We can garnish child support from Social Security Disability and Social Security Retirement. We cannot garnish from Social Security Income. We have always suggested and will keep suggesting that if you ever learn that the father/mother of your child is receiving any type of social security benefit, apply for child benefits at your local social security office.
What about Benefits through the VA?
VA Benefits cannot be garnished. There may be a process in which the custodial parent can apply for child support through the Veteran Affairs but the client would have to proceed with that action on his or her own.
I need my Passport!
The CSEA can suspend your driver, recreational and professional license if you are in default on your child support order. All obligors are notified through the default process that their license can be suspended if their case is in default. While the suspension of a motor vehicle operator’s license is the most widely used of the three, recreational (e.g., hunting, fishing and watercraft) licenses and professional (e.g., cosmetology, sanitation, etc.) licenses can be suspended as well. The suspension and reinstatement process for each of these are taken on a case by case basis.
Bank Account Freeze and Seize
I don’t agree with what’s in my Divorce/Dissolution Order
Any divorce actions, including but not limited to child support, medical support, custody, visitation, property settlements, must be handled/filed in court.