State Hearing Decision - Hearing Decisions and Administrative ...

OHIO DEPARTMENT OF JOB AND FAMILY SERVICES
BUREAU OF STATE HEARINGS
In the matter of:
JFS 04005 (Rev. 6/2002)
Appeal: Program: Disposition:
1247512
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IVD
No Compliance Required
Decision Date:
Request Date:
Hearing Officer:
State Hearing Decision
10/13/2005
09/19/2005
TERESA HOLLAND
OVERRULED
ISSUE:
Appeal #1247512 Child Support (CS)
Grounds for requesting a state hearing in the Child Support program by the non-custodial parent
are limited. The non-custodial parent in this case disagrees with the amount of his calculated
court ordered arrearage. The Cuyahoga County Juvenile Court established the amount of the
outstanding Child Support. Is the dispute over court ordered arrears grounds for a state hearing?
The Appellant is the non-custodial parent and his hearing rights are limited to the denial of
services for establishing paternity, the refusal to review the support order for modification, or the
disagreement over the termination of the support order. Since the Appellant’s request is not
within the identified grounds, the appeal must be OVERRULED.
PROCEDURAL MATTERS:
Notice of adverse action has not been issued on the Appellant’s Child Support case. The
Appellant requested a state hearing by written notice on 09/19/05 (See Exhibit 1). A hearing
notice was mailed to all parties on 09/28/05 and a state hearing was scheduled and heard on
10/12/05. The Appellant represented himself at the hearing. The Agency was represented by two
Child Support Representatives. An Appeal Summary was submitted at the hearing (See
EXHIBIT A).
FINDINGS OF FACT:
1. The Appellant is the non-custodial parent for a child born on 12/01/86.
2. The Appellant’s child support order was satisfied by his social security benefits by court order
effective 12/01/03 (See Exhibit B).
3. An order for arrears of $6340.25 was established through a court order dated 03/18/99 (See
EXHIBIT C) in Juvenile Court.
4. The Appellant has made payments on the arrears and has received credit for these payments
(See Exhibit D).

STATE HEARING DECISION CONTINUATION
5. The CSEA has amended the arrears withholding. The correct amount is to be $23.46/month
(See Exhibit E). The notice of the amendment was sent to the Social Security Administration on
9/20/05.
CONCLUSIONS OF POLICY:
Policy:
1. Ohio Administrative Code (OAC) § 5101:6-3-01 (C) (2004) explains the grounds for
requesting a state hearing in the Child Support program by the non-custodial parent are as
follows: (1) Services for establishing paternity have been denied; (2) The Child Support
Enforcement Agency has refused to review the non-custodial parent's support order for
modification, and (3) The non-custodial parent disagrees with the results of an investigation
concerning termination of a support order.
Analysis:
In this specific case, the Appellant is the non-custodial parent with a Child Support order for
arrears that was established through a court order. The non-custodial parent disagrees with the
arrearage balance. However, the grounds for a non-custodial parent to request a state hearing are
specifically limited to the denial of services for establishing paternity, the refusal to review the
support order for modification, or the disagreement over the termination of a support order. The
Appellant does not have hearing rights to dispute arrears calculated by a court order.
HEARING OFFICER'S RECOMMENDATIONS:
Appeal #1247512 should be OVERRULED. The Appellant is the non-custodial parent and does
not have hearing rights to dispute the calculated arrears on a court order.
FINAL ADMINISTRATIVE DECISION AND ORDER:
Finding the Hearing Officer's decision to be supported by the evidence, the recommendation
above is adopted, and the appeal is overruled.
October 13, 2005
Notice to Appellant
This is the state hearing decision in your case. All papers and materials introduced at the hearing or otherwise filed make up the
hearing record. The hearing record will be maintained by the Ohio Department of Job and Family Services.
If you believe this state hearing decision is wrong, you may request an administrative appeal by writing to: Ohio Department of Job
and Family Services, Bureau of State Hearings, P.O. Box 182825, Columbus, Ohio 43218-2825 or FAX (614) 728-9574. Your request
should state why y ou think the hearing decision is wrong. You can complete the appeal request form included with this decision.
Your written request or appeal form must be received by the Bureau of State Hearings within 15 calendar days from the date this
decision is issued. (If the15th day falls on a weekend or holiday, this deadline is extended to the next work day.) During the 15-day
administrative appeal period, you or your representative may request a free copy of the hearing record and recording of the hearing
by calling the Bureau of State Hearings at 1-866-635-3748 (select option 1 from main menu).
If you want information on free legal services but don't know the number of your local legal aid office, you can call the Ohio State
Legal Services Association, toll free, at 1-800-589-5888, for the local number.
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STATE HEARING DECISION CONTINUATION
Aviso a la Apelante
Esta es la decisión estatal administrativa de su caso. Todos los documentos y materiales presentados como prueba en la vista o de
otra manera radicados componen el récord administrativo. El récord administrativo será mantenido por el Ohio Department of
Job and Family Services.
Si usted cree que esta decisión estatal administrativa es erronea, usted puede solicitar una apelación administrativa escribiendo al:
Ohio Department of Job and Family Services, Bureau of State Hearings, P.O. Box 182825, Columbus, Ohio 43218-2825 o
facsímil (614) 728-9574. Su solicitud debe indicar por qué usted piensa que la decisión administrativa es erronea. Usted puede
completar la solicitud de apelación incluida con esta decisión. Su solicitud escrita o formulario de apelación tiene que ser
recibido por el Bureau of State Hearings dentro de los 15 días calendario desde la fecha en que esta decisión es expedida. (Si el
15to. día recae sobre un fin de semana o un día feriado, esta fecha límite es extendida al próximo día laborable). Durante el
período de 15 días de apelación administrativa, usted o su representante pueden solicitar una copia gratuita del récord
administrativo y de la grabación de la vista llamando al Bureau of State Hearings al 1-866-635-3748 (seleccione la opción 1 del
menú principal).
Si usted quiere información sobre servicios legales gratuitos pero no sabe el número de su oficina local de servicios legales, usted
puede llamar al Ohio State Legal Services Association, gratuitamente, al 1-800-589-5888, para el número local.
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Agency Exhibits:
A. Appeal Summary (1 page)
STATE HEARING DECISION CONTINUATION
Appendix
B. Court Order regarding satisfaction of Obligor’s support order by his social security
benefits. (3 pages)
C. Court Order of arrears amount (3 pages)
D. Proof of payment
E. Notice of amendment of child support order.
Appellant’s Exhibits:
1. Hearing Request (1 page)
Papers and Effects:
Miscellaneous documents submitted by the Agency (16 pages)
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