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Lump
Sums
Lump sum payments are benefits other than personal
earnings that the obligor is receiving or is eligible
to receive. These usually are payments made as bonuses
or incentives generally given out during the year-end
or Christmas season. The statute which allows the
CSEA to garnish these payments does not treat social
security benefits or vacation pay as eligible for
garnishment under the lump sum definition.
Under Ohio law, payers/employers are required to
notify the CSEA of a lump sum payment in the amount
of $150 or more which they are about to make to an
obligor for whom support is being withheld. The payer/employer
is required to submit this notification to the CSEA
no later than 45 days prior to the date such a payment
is to be made or, in cases where this date cannot
be met, the date on which that payer/employer determines
that the lump sum payment is due to the obligor.
The payer/employer is then required to hold the
lump sum payment for 30 days beyond the date on which
this payment would otherwise have been paid to the
obligor. During this period of time, the agency will
determine if the obligor is in default under the
support order or has any arrearages owed. If so,
the support officer will issue an administrative
order requiring the payer to transmit the lump sum
payment to the CSEA. In cases where the obligor is
not in default and does not have any outstanding
arrearages, the support officer will issue an administrative
order directing the payer to immediately pay the
full amount of this lump sum payment to the obligor.
The above mentioned process is executed in cases
governed by an administrative child support order.
In cases governed by a court order, our support officers
will recommend that the court issue an order requiring
the payer to either remit this payment to the CSEA
to satisfy the child support debt or to immediately
pay it to the obligor.
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