340:10-10-7. Oklahoma Department of Human Services (OKDHS) responsibilities in relation to support payments
(a) Referral to Child Support Services (CSS). Federal regulations require Adult and Family Services (AFS) staff to send referrals based on absence to CSS within two business days of Temporary Assistance for Needy Families (TANF) benefit issuance. The AFS referral is computer-generated upon TANF approval. At any time AFS staff receives additional information regarding the absent parent, AFS staff sends the additional information to CSS. • 1
(b) Receipt of child or spousal support. For purposes of this Subchapter, child or spousal support is defined as voluntary monetary contributions or court-ordered obligations. When a child support order contains an order for spousal support, which may be referred to as alimony or support alimony in Oklahoma, the obligation for spousal support is also assigned to DHS. At the application or renewal interview, the applicant or recipient is informed of the responsibility to forward to the Oklahoma Centralized Support Registry (OCSR) any child or spousal support payments received from the absent parent(s) after TANF certification. • 2
(1) Payments received during application period. All child and spousal support payments reported by an applicant prior to certification are considered income. Support anticipated to be received after certification is not considered as the client agreed by signing the application to submit any future payments to OCSR. • 3
(2) Payments received after certification. AFS staff forwards any support payments brought to the county office by the client after certification to OCSR. Payments are not sent in the form of cash. CSS may send child support in excess of the monthly court ordered amount to the client. When the client receives excess child support from CSS, it is considered as unearned income. • 4
(3) Retained support payments. The worker informs CSS when he or she becomes aware the client retained assigned support payments. • 5
(A) When the CSS district office determines the client is not cooperating, the TANF cash assistance payment is reduced by 25 percent of the TANF payment standard. The worker considers the retained support as income unless the client forwards the child support to OCSR. • 6
(B) When CSS determines the client has resumed cooperation, the 25 percent penalty is removed and the worker no longer considers the support as income. The cash assistance is increased the next effective date. • 7
(4) Child support and other income exceeds cash assistance. When CSS receives a support payment that is greater than, or equal to, that month's TANF cash assistance, the worker receives notification the month following receipt. • 8
(A) The worker evaluates the support payment history to determine whether the support is intended for members of the assistance unit and if it is current support that is expected to continue. • 9
(B) The worker closes the TANF cash assistance the next effective date and continues medical benefits per OAC 340:10-3-75 when, after review, the current support is intended for members of the cash assistance unit and expected to continue. • 10
(C) When the TANF cash assistance is not closed timely, CSS retains any child support payment received during that month or subsequent months for reimbursement of TANF payments made for those months or any preceding months. • 11
(5) Federal and/or state tax intercept payments. CSS uses federal and/or state tax intercept to collect current and past due child support payments, including interest owed.
(A) Joint tax intercept payments collected prior to the client's current receipt of TANF may be held for six months. When CSS distributes all or part of the tax intercept payment to the client, the worker considers the payment as a resource the month following the month of receipt. • 11
(B) Tax intercept payments collected for interest owed on past due child support may be forwarded to the client when the principle amount of past due child support is paid in full. • 12
(c) Child support services after TANF closure. At the time the TANF benefit closes, the closure notice informs the client child support services will continue unless the client notifies CSS in writing that he or she no longer wants the service or the client becomes ineligible for the service.
1.The worker updates the absent parent information on the Deprivation tab of the Family Assistance/Client Services (FACS) system.The system automatically sends the information to Child Support Services (CSS).The worker forwards attachments by memo to the appropriate CSS district office.Attachments may include legal documents or information regarding how to locate the absent parent.
2.During the application interview, the worker explains the applicant’s child support responsibilities on the Oklahoma Department of Human Services (DHS) Appendix C-16, Child Support Services and Responsibilities, and gives the applicant a copy of the appendix.The worker points out the Oklahoma Centralized Support Registry (OCSR) address on the appendix and advises the applicant to send any child support payments received after certification to the OCSR address.The worker instructs the applicant to include with the payment the client's name, case number, and the name of the absent parent making the payment.
3.The worker counts any child support income received by the applicant prior to certification and removes the child support for the next effective date.The worker issues a Temporary Assistance for Needy Families (TANF) benefit supplement for each month child support is counted in error.
4.Refer to Oklahoma Administrative Code (OAC) 340:10-3-39(g) for more information regarding child support income.
5.CSS determines non-cooperation when the client:
(1) retains assigned support paid directly to him or her;
(2) refuses to repay a retained support overpayment in full or sign a repayment plan;
(3) fails to make payments according to the repayment agreement; or
(4) retains assigned direct support payment after an overpayment is repaid in full or a repayment plan is being followed.
6.Refer to OAC 340:10-10-5 Instructions to staff (ITS) # 2 for a description of the automated process to apply the 25 percent penalty.The automated process removes the adult's needs from the medical benefit and closes child care subsidy benefits when applicable.Refer to OAC 317:35-5-7 for eligibility for SoonerCare (Medicaid) benefits.The worker must enter countable child support in the FACS Income tab because the automated process does not count retained child support as income.
7.Refer to OAC 340:10-10-5 ITS # 4 for a description of the automated process to remove the 25 percent penalty.The automated process adds the adult's needs to the medical benefit, but does not reopen child care subsidy benefits or remove child support from consideration.
8.The worker receives a G3 discrepancy alert when excess child support is received and is expected to routinely check for discrepancies.
9.(a) Payments made to CSS may be verified by viewing the child support payment screen using the transaction CFRRPA.To view the instructions to the CFRRPA transaction, enter M space CFRRPA.
(b) The worker determines for which child the support is received because it may be for a child living in the home and receiving Supplemental Security Income and a State Supplemental Payment.In this instance, the TANF benefit remains open.
(c) When the support is for a child included in the TANF assistance unit, the worker must determine that the support is expected to continue.When it is coded for back support or a one-time payment, the TANF benefit remains open.
10.When the client receives court-ordered child support for the current month in excess of the TANF cash assistance, the worker closes the client’s TANF benefit for the next effective date.For the month of closure, CSS sends the client all current child support and retains any additional payment for back child support when there is unreimbursed assistance.
(1) Depending on the date of assignment, CSS sends child support received in excess of the monthly court-ordered support, excluding cash medical when the child continues to receive SoonerCare (Medicaid), to the client or applies it as reimbursement for prior months receipt of TANF.
(2) A recipient is not allowed to return the TANF benefits for a month the child support payment exceeds the TANF payment standard unless he or she is not eligible for the payment and keeping it creates an overpayment.
11.Refer to 340:10-3-2 for resource rules.
12.This excess payment is considered as a non-recurring lump sum payment.Refer to OAC 340:10-3-28(3) for lump sum payment rules.