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Library: Policy

340:25-5-134. Default orders

Revised 9-15-20

(a) Legal basis.The Oklahoma Department of Human Services, Child Support Services (CSS) requests default orders and processes requests for vacation or modification of default orders, per Sections 1031, 1031.1, 1038, and 2004 of Title 12 of the Oklahoma Statutes.

(b) Service of process.Before a default order is requested, CSS ensures all parties whose rights will be affected are served, in accordance with Section 2004 of Title 12 of the Oklahoma Statutes, unless there are statutorily recognized substitutes for service.

(c) Entry of default orders.CSS reviews service of the pleadings and files a proper return of service prior to requesting entry of a default.  12

(d) Default order reviews.When a default order is entered and either party contacts CSS in writing within 30-calendar days of entry of the default order, CSS treats the request as a motion to rehear, vacate, or modify.CSS takes necessary steps to bring the action before the court for resolution.  3

(e) Default orders in parentage action.When any party whose rights will be affected has been served and is non-cooperative in establishing parentage, CSSmay request a default order of parentage, unless the non-defaulting party objects. When the non-defaulting party objects, CSS determines whether to set the case for hearing or dismiss without prejudice.  1

INSTRUCTIONS TO STAFF 340:25-5-134

Revised 9-15-20

1.Oklahoma Department of Human Services, Child Support Services (CSS) staff ensures the return of service accurately reflects all documents served.

(1) CSS staff follows the Consistent Excellence (CE) Paternity Legal Review Process in determining the information needed before moving forward with an default establishment order.

(2) In an action to establish parentage, when a third party is the custodial person, CSS staff serves the birth parent (BP).

(3) When the custodial person (CP) or BP fails to appear for the hearing after service of process and the noncustodial parent (NCP) wants to acknowledge parentage, then a default order would be proper.

2. When one of the parties to the case is in default, CSS staff confirms the military status of the defaulting party on the Servicemembers Civil Relief Act (SCRA) website, https://scra.dmdc.osd.mil/scra/#/home, and files the default affidavit with the court, per Sections 3901 through 4043 of Title 50 of the United States Code.

3.When a party provides CSS with a written request to reconsider a default order within 30-calendar days of the entry of the order, CSS staff:

(1) files the written request and sets the request for hearing; or

(2) provides the party with an appropriate CSS pro se self-help motion.

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