2. Legal base

340:25-1-2. Legal base

Revised 9-16-19

(a) Federal law. Sections 651 through 669b of Title 42 of the United States Code (42 U.S.C. §§ 651 through 669b) are the primary basis in federal law for Oklahoma's child support program. The program is also governed by Chapter III of Title 45 of the Code of Federal Regulations. The Servicemembers Civil Relief Act, codified in 50 U.S.C. §§ 3901 through 4043, applies to servicemembers. Other federal laws and regulations are followed to the extent they apply to Oklahoma's child support program.

(b) State law.Oklahoma Statutes covering child support issues include, but are not limited to:

(1) Sections 80, 83, 90.4, 90.5, and 7700-101 through 7800 of Title 10 (10 O.S. §§ 80, 83, 90.4, 90.5, and 7700-101 through 7800);

(2) 12 O.S. §§ 1170 and 1171.2 through 1171.4;

(3) 21 O.S. §§ 566, 567, and 852;

(4) 43 O.S. §§ 109.2 through 110, 112, 112A, 114 through 120, 135 through 139.1, 410 through 413, and 601-100 through 601-903;

(5) 56 O.S. §§ 166.1, 183, 230.60 , and 231 through 240.24;

(6) 63 O.S. §§ 1-311.2 and 1-311.3; and

(7) 68 O.S. § 205.2.

(c) Applicability.Oklahoma Department of Human Services Child Support Services (CSS) uses federal or state statutes, as appropriate, in specific situations to establish and enforce child support orders. CSS follows applicable federal and state laws in carrying out its responsibilities and providing services regardless of whether a statute, regulation, final order, or other legal obligation is specifically referenced in this Chapter.

Library: Policy