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Library: Policy

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

Revised 9-15-20

(a) Oklahoma Department of Human Services Child Support Services (CSS) establishes support for a prior period.

(1) In parentage and establishment cases, CSS establishes current support and support for a prior period at the same time, per 83  and 7700‑636 of Title 10 (10 O.S. §§ 83 and 7700-636), 43 O.S. §§ 118-118I and 119, and 56 O.S. § 238.6B.  • 1 & 2

(2) When a child(ren) is born during a marriage and no order addressing support for a prior period exists, CSS establishes support for a prior period per 43 O.S. §§ 118 -118I and 119 and 56 O.S. § 238.1.  • 1

(A) CSS establishes support for a prior period under this subsection only when:

(i) current child support is sought; and

(ii) Temporary Assistance for Needy Families (TANF) or Title IV-E and non-Title IV-E eligible foster care has been expended in any month during the past two years.

(B) CSS limits this prior period to the number of months on TANF or Title IV-E and non-Title IV-E eligible foster care during the two years immediately before the date CSS files the court action.

(b) When a child support order is entered against a minor noncustodial parent (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.

(c) CSS does not establish an order for support for a prior period on an incarcerated NCP.   • 3

(1) When establishing an order on an incarcerated NCP, CSS requests the court not address the amount of child support for any periods prior to the entry of the court order.

(2) The issue of support for a prior period may be determined after release from incarceration by application of any party.

(3) Upon release from incarceration, when the issue of support for a prior period is before the court, CSS requests the court set the amount based on actual income for any time periods during which the NCP was incarcerated.    • 4

(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.  • 5

(e) When the NCP is a current 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 OAC 340:25-5-140.

Revised 9-15-20

1.In all cases, Oklahoma Department of 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.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.

4.CSS staffs follow Oklahoma Administrative Code 340:25-5-178(k) when establishing or modifyinga child support order for an incarcerated NCP.

         5.(a) CSS staff follows the Guide to the Servicemembers Civil Relief Act (SCRA), available from the CSS InfoNet 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 military status of the defaulting party on the SCRA website, https://scra.dmdc.osd.mil/scra/#/home, and files the default affidavit with the court in accordance with Sections 3901 through 4043 of Title 50 of the United States Code.

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