Library: Policy

340:25-5-179.1. Establishment of support for a prior period

Revised 9-14-24

(a) In parentage cases, Oklahoma Human Services Child Support Services (CSS) establishes current support and support for a prior period per Sections 83 and 7700-636 of Title 10 of the Oklahoma Statutes (10 O.S. §§ 83 and 7700-636), 43 O.S. §§ 118-118I and 119, and 56 O.S. §238.6B. CSS seeks a zero dollar support amount for prior periods the noncustodial parent (NCP) resided with the custodial person and provided support for the child. When establishing support for a prior period CSS goes back to the lesser of:

(1) two years prior to the filing of the petition; or

(2) the birth month of the child ■ 1 through 8

(b) When a child support order is entered against a minor NCP, CSS establishes support for a prior period under the criteria for establishing current child support, per Oklahoma Administrative Code (OAC) 340:25-5-178.

(d) When CSS establishes an order for support for a prior period for a child of an NCP or a custodial person who is a servicemember, CSS applies the provisions of the Servicemembers Civil Relief Act, codified in Sections 3901 through 4043 of Title 50 of the United States Code. ■ 10

(e) When the NCP is a current Temporary Assistance for Needy Families (TANF) or Supplemental Security Income (SSI) recipient and CSS:

(1) has information that the NCP had no obligation based on the child support guidelines for the prior period, CSS requests the court set the judgment at $0; or

(2) determines a debt may be owed for a prior period, CSS requests the court reserve the issue of support for a prior period until the NCP is no longer receiving TANF or SSI.

(f) CSS sets a monthly payment schedule per OAC 340:25-5-140.

INSTRUCTIONS TO STAFF 340:25-5-179.1

Revised 9-14-24

1. In all cases, Oklahoma Human Services Child Support Service (CSS) staff requests the court set a periodic payment plan to collect support for a prior period.

2. When a custodial person (CP) fails to appear in an establishment action, CSS reserves any judgment owed to the CP for support for a prior period. CSS staff requests a judgment for any time periods assigned to the state.

3. CSS seeks a court order for the support owed for a prior period against any individual determined to be the parent under the Uniform Parentage Act at the same time CSS establishes current support. This applies even when a different man has been disestablished as a presumed or acknowledged father. CSS follows Oklahoma Administrative Code (OAC) 340:25-5-305(g) regarding recovery of support paid by a presumed or acknowledged parent whose parentage has been disestablished. CSS is not responsible for reimbursing any child support paid prior to disestablishment. When there is a disestablishment of parentage, CSS staff consults with the state's attorney for guidance on how to proceed with support for a prior period.

4. When calculating judgments for support for a prior period, CSS staff gives credit against either parent's gross income for out-of-home and in-home qualified other child(ren), per Section 118C of Title 43 of the Oklahoma Statutes.

5. When current support is being established, and support for a prior period is reserved or not addressed, CSS does not file a subsequent court action to obtain a judgment for those amounts. CSS staff informs parties to proceed with their own court action to establish a judgment for support for a prior period. Examples when this applies is when the:

(1) CP fails to appear for the hearing after service; or

(2) noncustodial parent (NCP) is incarcerated.

6. CSS staff does not request a support for a prior period judgment when establishing a child support order in a case where the parties are married but have separated.

7. CSS staff assesses support for a prior period for the full month in which the child is born.

8. When support for a prior period is not determined, CSS staff does not build balances in the CSS computer system since no determination was made regarding the amounts due. CSS staff does not remove balances from the CSS computer system when modifying an existing order for an incarcerated NCP with a judgment or arrears balance.

9. CSS staff follows OAC 340:25-5-178(k) when establishing or modifying a child support order for an incarcerated NCP.

10. (a) CSS staff follows the "Servicemembers Civil Relief Act (SCRA) Guide" Quest article for procedure regarding:

(1) waivers of rights and protection, per SCRA;

(2) appearance in court actions;

(3) stays of court; and

(4) default orders.

(b) When a party to the case is in default, CSS staff confirms the defaulting party's military status on the SCRA website and files the default affidavit with the court, per Sections 3901 through 4043 of Title 50 of the United States Code.