Library: Policy

340:25-5-133. Current child support follows the child when physical custody changes

Revised 7-1-13

(a) When the legal custodial person (CP) relinquishes physical custody of a child(ren) to another CP, Oklahoma Department of Human Services (OKDHS), Oklahoma Child Support Services (OCSS) redirects current child support payments to the new CP per Sections 109.5 of Title 43 and 237 of Title 56 of the Oklahoma Statutes. • 1

(1) A CP who relinquishes physical custody of a child(ren) to another CP must notify OCSS of the change. The new CP must submit an application for child support services if an application is required per OAC 340:25-5-117.

(2) The person with physical custody on the first day of the month is entitled to the support obligation for that month.

(b) When the legal CP of a child(ren) dies and another CP, who is not the obligor, assumes custody of the child(ren), OCSS establishes a new support order with the new CP as the obligee.

(1) The new CP must submit an application for child support services when an application is required per OAC 340:25-5-117.

(2) OCSS redirects current child support payments to the new CP pending receipt of an application if required and establishment of the new support order. OCSS distributes any past support payments already collected prior to the CP's death per OAC 340:25-5-140.

INSTRUCTIONS TO STAFF 340:25-5-133

Revised 7-1-13

1. (a) Verification.When a person notifies Oklahoma Child Support Services (OCSS) that he or she now has physical custody of a child(ren) who is the subject(s) of a support order, OCSS staff attempts to confirm this with the custodial person (CP) of record.

(1) If the CP of record is not available to confirm a change in custody, OCSS staff attempts to verify the change by requesting verification, such as school records or affidavits, from the new CP.

(2) OCSS staff documents a change in physical custody and designates a new CP of record only after OCSS obtains convincing verification of a change in custody.OCSS does not change the CP of record when there is an indication of kidnapping.

(b) Form 04KI025E.When a child is in Oklahoma Department of Human Services (OKDHS) custody and in out-of-home care, OCSS staff confirms any change of placement of a child by reviewing a copy of Form 04KI025E, Change in Placement Notification, provided by the Child Welfare Services worker, unless the child moves from one paid placement to another paid placement. Form 04KI025E, required under OAC 340:75-6-86, documents the placement and lists the name and address of the new placement provider.Change of placement involves reunification with a parent or change in caretaker or treatment facility.

(c) Change of placement on the automated Oklahoma Support Information System (OSIS).If the placement changes from:

(1) paid to unpaid, OCSS staff adds the new caretaker as another CP on that Family Group Number, builds a separate child support obligation, and adds a private case type (M) in order to issue child support payments to the caretaker; or

(2) unpaid to paid, the child support payments are retained once the case type is changed to foster care or Temporary Assistance for Needy Families (TANF) reimbursement.