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Library: Policy

340:25-1-1.2. Structure and services

Revised 9-15-20

(a) Structure.

(1) Under Part A of Subchapter IV of Chapter 7 of Title 42 of the United States Code, every state must designate a single state agency to administer a statewide plan for child support services. The Oklahoma Department of Human Services is the designated agency in Oklahoma.Oklahoma Child Support Services (CSS) administers the plan.

(2) CSS provides services through a state office and offices throughout the state that may be administered through service agreements or contracts with district attorneys and other entities, such as Community Action Program agencies to provide legal child support services.

(3) The primary function of CSS is to provide child support services in all Title IV-A Temporary Assistance for Needy Families (TANF), Title IV-E foster care, and non-TANF SoonerCare (Medicaid) cases where eligibility is due to the absence of one or both parents, and in other cases for persons who have applied for services.CSS also provides these services in cases forwarded by:

(A) Title IV-D agencies of other states;

(B) Native American tribes; and

(C) foreign jurisdictions, as appropriate.

(4) CSS is committed to the right of all parties to have access to the justice system for the purpose of enhancing understanding and ownership of the case.In addition to the child support services provided by CSS as described in this Chapter, when parties want to be heard on child support issues, regardless of whether the party's positions are contrary to the state’s position and may be subject to legal defenses.CSS:

(A) provides available pro se self-help forms to request a hearing before either the Office of Administrative Hearings:Child Support (OAH) under Oklahoma Administrative Code (OAC) 340:2‑28-17.2 or the district court.OAH or the district court determine whether a hearing is granted;

(B) assists pro se customers in completing available CSS self-help forms upon request; and  • 1

(C) refers parties to community resources including, but not limited to:

(i) lawyer referral services;

(ii) community legal services;

(iii) other available self-help legal forms; and

(iv) other available informational and community resource materials.

(5) CSS complies with the standards for an effective program and the organization and staffing requirements, per Part 303 of Title 45 of the Code of Federal Regulations (45 C.F.R. Part 303).  2

(b) Services.CSS services include, but are not limited to:

(1) establishment of paternity, child support obligations, ongoing medical support, and ongoing child care obligations through administrative and court actions;

(2) enforcement of:

(A) child support;

(B) health insurance;

(C) fixed sums and judgments for medical support including birthing costs;

(D) fixed ongoing child care costs and judgments for child care costs; and

(E) certain spousal support obligations when due in conjunction with child support;  • 2 through 5

(3) location of noncustodial parents and their assets by establishing intrastate and interstate links with local, state, and federal agencies, private sources, and international central authorities;

(4) case reviews for modification of support orders as appropriate; • 2

(5) collection and distribution of support payments in accordance with federal and state law; and

(6) establishment and maintenance of accounting and other records in accordance with federal and state law.

(c) Excluded services.CSS services do not include:

(1) establishment or modification of spousal support, visitation, or custody;

(2) establishment of judgment for unreimbursed medical expenses or child care costs that are not included in the fixed monthly child support obligation;  • 3

(3) enforcement of alimony in lieu of property division; and

(4) enforcement or collection of private attorney fee judgments.

(d) Intergovernmental limited services.CSS provides limited services only at the request of an initiating interstate Title IV-D agency or an international central authority, per Sections 601‑101through 901 of Title 43 of the Oklahoma Statutes and 45 C.F.R. § 303.7.CSS provides limited services, when appropriate, even when the noncustodial parent or custodial person does not reside in Oklahoma.Requests for limited services not listed in 45 C.F.R. 303.7 must be approved by the CSS director or his or her appointed designee.  • 6

Revised 9-15-20

1.(a) Oklahoma Department of Human Services Child Support Services (CSS) staff provides whatever assistance is necessary for customers to complete CSS self-help forms including, but not limited to:

(1) reading the forms and instructions to the customer;

(2) filling out forms per the customer's directions; and

(3) providing information the customer needs to complete the packet.

(b) CSS staff does not give legal advice to customers.

2.When an intrastate case is opened for review and modification of the child support order, the case is a full-service case.

3.(a) CSS does not establish judgments for a noncustodial parent's (NCP) pro rata share of ongoing medical support or child care costs.

(b) CSS collects fixed sum judgments for medical support and child care costs.A fixed sum judgment is a certain amount ordered by the court as the amount due and owing for medical support or child care costs for a specific time period.CSS enforces a fixed sum judgment for medical support and child care costs in the same manner as any other judgment.

(c) Medical support includes the costs of the birth. CSS does not establish a judgment for the costs of the birth.CSS enforces a fixed sum judgment for costs incurred by the mother for the child’s birth in the same manner as any other judgment.

(d) In Oklahoma spousal support is referred to as alimony.There are two types of alimony in Oklahoma, periodic support alimony, per Section 134 of Title 43 of the Oklahoma Statutes (43 O.S. § 134) and alimony in lieu of property division, per to 43 OS § 121.CSS is authorized to enforce periodic support alimony, but not alimony in lieu of property division.

4.When a lump sum judgment does not specify the type, principal, and interest, CSS requests the parties provide a clarifying order.CSS does not build or enforce the judgment until the clarifying order is received.

5.CSS does not collect ongoing child care costs that are ordered as a pro rata share of an unspecified child care cost.

6.(a) Intergovernmental limited services include:

(1) locate;

(2) service of process;

(3) coordination of genetic testing;

(4) automated enforcement of interstate cases;

(5) enforcement of a child support order when an NCP's assets may be found in Oklahoma;

(6) modification of a child support order, per Oklahoma Administrative Code 340:25-5-198.1;

(7) provision of certified payment records, when Oklahoma once had an enforceable order;

(8) assistance with discovery for court proceedings;

(9) determination of controlling order;

(10) conversion of child support stated in a foreign currency to United States dollars when the conversion is necessary to provide another limited service;

(11) resolution of a contest of the validity or enforcement of an Order/Notice to Withhold Income for Child Support; and

(12) redirection of payments, amendment of an Order/Notice to Withhold Income for Child Support, when necessary, and provision of certified payment records to the Title IV-D agency in the custodial person's state when parties do not reside in Oklahoma and Oklahoma issued the child support order.

(b) When limited services are provided to redirect payments or amend an Order/Notice to Withhold Income for Child Support, CSS staff provides copies of the redirection of payments and the amended Order/Notice to Withhold Income for Child Support to the Central Case Registry at PO Box 248843, Oklahoma City, Oklahoma 73124-8843.

(c) When Oklahoma is requested to provide limited services, CSS suppresses all non-requested actions.

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