Ohio Code § 5747.122

§ 5747.122.

(A) The tax commissioner, in accordance with section 5101.184 of the Revised Code , shall cooperate with the director of job and family services to collect overpayments

of assistance under Chapter 5107., former Chapter 5115., former Chapter 5113., or section 5101.54 of the Revised Code from refunds of state income taxes for taxable year 1992 and thereafter that are

payable to the recipients of such overpayments. (B) At the request of the department of job and family services in connection with the

collection of an overpayment of assistance from a refund of state income taxes pursuant

to this section and section 5101.184 of the Revised Code , the tax commissioner shall release to the department the home address and social

security number of any recipient of assistance whose overpayment may be collected

from a refund of state income taxes under those sections. (C) In the case of a joint income tax return for two people who were not married to each

other at the time one of them received an overpayment of assistance, only the portion

of a refund that is due to the recipient of the overpayment shall be available for

collection of the overpayment under this section and section 5101.184 of the Revised Code .  The tax commissioner shall determine such portion.  A recipient's spouse who objects to the portion as determined by the commissioner

may file a complaint with the commissioner within twenty-one days after receiving

notice of the collection, and the commissioner shall afford the spouse an opportunity

to be heard on the complaint.  The commissioner shall waive or extend the twenty-one-day period if the recipient's

spouse establishes that such action is necessary to avoid unjust, unfair, or unreasonable

results.  After the hearing, the commissioner shall make a final determination of the portion

of the refund available for collection of the overpayment. (D) The welfare overpayment intercept fund is hereby created in the state treasury.  The tax commissioner shall deposit amounts collected from income tax refunds under

this section to the credit of the welfare overpayment intercept fund.  The director of job and family services shall distribute money in the fund in accordance

with appropriate federal or state laws and procedures regarding collection of welfare

overpayments.