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Library: Policy

340:25-5-198.1. Review of a child support order

Revised 9-17-18

(a) Purpose.The purpose of the review process is to determine whether a child support order should be modified to ensure substantial compliance with the child support guidelines in Sections118-118I through 119 of Title 43 of the Oklahoma Statutes (43 O.S. §§ 118-118I & 119) and Oklahoma Administrative Code (OAC) 340:25-5-178.

(b) Notification requirements.At least once every three years after a child support order is established, reviewed, or modified, Oklahoma Department of Human Services (DHS) Child Support Services (CSS) notifies all parties in a full-service case of the right to request a review of the child support order and the process for requesting a review.

(c) Authority for review.CSS conducts a review every three years in cases with a Temporary Assistance for Needy Families (TANF) assignment.CSS determines the tribunal with jurisdiction under subsection (e) of the Full Faith and Credit for Child Support Orders Act, codified in Section 1738B(e) of Title 28 of the United State Code (28 U.S.C. § 1738B(e)) and the Uniform Interstate Family Support Act (UIFSA) in 43 O.S. §§ 601-101 through 601-903 to modify the order. 1 When another tribunal has jurisdiction to modify the child support order, CSS follows the provisions in (j) of this Section.When Oklahoma has jurisdiction to modify the child support order, CSS follows the provisions of this subsection.CSS completes the review and modification process within 180-calendar days after a request is received or the non-requesting party is located, whichever is later.

(d) Initiation of review.

(1) CSS reviews an order upon written request by a customer or on its own initiative:

(A) when there is a material change in circumstancesper 43 O.S. § 118I;

(B) per 56 O.S. § 237 when the evidence in the case justifies a modification as per OAC OAC 340:25-5-198.2, regardless of whether there is a change of circumstances; or   • 2 through 5

(C) per Section 303.8 of Title 45 of the Code of Federal Regulations and OAC 340:25-5-178(k), when the NCP is incarcerated.

(2) CSS notifies the parties of the review with instructions for submitting financial and other information required for the review.

(3) CSS does not initiate a review upon customer request when:

(A) the non-initiating party is not located;

(B) it has been less than 12 months since the child support order was established, reviewed, or modified unless there is a material change of circumstances;

(C) the preliminary information indicates the change of circumstances will not significantly impact the child support amount or the change of circumstances is temporary; or

(D) there is evidence the monthly child support amount or judgment payment is based on a noncustodial parent's (NCP) ability to pay and the NCP is working in a job consistent with his or her education and training.

(4) When CSS determines the customer review request does not meet the provisions in (1) of this subsection, CSS provides available pro se self-help modification forms to the customer.

(5) CSS does not seek an upward modification of a child support order or a judgment payment upon request when an NCP is:

(A) employed full-time in an occupation consistent with his or her education and training;

(B) ordered to pay more than 20 percent of his or her gross income; and

(C) is not paying the full court-ordered monthly child support amount.

(e) Medical enforcement only (MEO) cases.

(1) When either the custodial person or the noncustodial parent requests a review, CSS changes the services offered from an MEO to a full-service case.CSS notifies the parties of the change in services provided.

(2) When the non-applicant requests the review, the non-applicant must complete Form 03EN001E, Application for Child Support Services, per OAC 340:25-5-110.1.

(f) Initial review.Within 15-calendar days after receiving a request for a review, CSS determines if the criteria described in (d)(1) of this Section are met.CSS notifies the requesting person when the criteria for review are not met.If the criteria are met, CSS may:

(1) request further information as necessary from the parties; or

(2) proceed with the review process when CSS considers it has information sufficient to complete the process.

(g) Final review.Within 30-calendar days after the deadline for the parties to submit requested financial and other information to CSS, per (d) of this Section, CSS completes the review process and notifies parties of its determination as to whether the support order should be modified.  4

(h) Modification after review.CSS staff follows OAC 340:25-5-198.2 to determine if the child support order is modified after the review process is complete.

(i) Termination of the review process.

(1) The person requesting a review may withdraw the request after the review process begins, upon CSS approval.CSS does not accept requests to withdraw the review after making a determination that the child support order be modified.

(2) When the requesting person fails to supply information requested by CSS as instructed, CSS may terminate the review process, unless CSS or the non-requesting party requests the process continue. 6

(3) When the review is initiated by CSS, failure of the parties to return requested information does not stop the review process.CSS proceeds, using the best information available.

(j) Interstate cases.

(1) When a tribunal other than an Oklahoma district or administrative court has jurisdiction under UIFSA to modify an order, CSS obtains the information necessary for the review.

(A) CSS transmits the documents to the Title IV-D agency in the other state within 20-calendar days after receipt of the request to modify the order and of the completed documents from the person requesting the modification. 7

(B) CSS issues and enforces a subpoena to compel compliance with the request for documents if the non-requesting party fails to return the required documents or CSS is unable to obtain the necessary information to proceed and an Oklahoma tribunal has personal jurisdiction over the non-requesting party.

(C) CSS may terminate the review process in an interstate case per (i) of this Section and 43 O.S. §§ 601-611 and 601-615.

(2) When Oklahoma has jurisdiction to modify the order of another state or foreign country per 43 O.S. § 601-102, the order is registered in Oklahoma for modification per 28 U.S.C. § 1738B(i) and 43 O.S. §§ 601-609 through 601-616.

INSTRUCTIONS TO STAFF 340:25-5-198.1

 

Revised 9-17-18

 

 

1. Controlling order.

(1) When Oklahoma is the only state that entered a child support order and both parents reside in Oklahoma, the modification occurs in Oklahoma.

(2) Oklahoma Department of Human Services (DHS) Child Support Services (CSS) determines the controlling order and the proper forum state for a modification proceeding when:

(A) an order was entered outside of Oklahoma; or

(B) one or both parents reside outside of Oklahoma.

(3) To assist in determining the controlling order and the state of continuing exclusive jurisdiction, CSS staff uses the Worksheet to Determine Controlling Order and the Modification Worksheet on the CSS InfoNet.

(4) CSS staff may seek modification of the controlling order in an Oklahoma tribunal, even if another state or tribunal has jurisdiction to modify the order, when:

(A) an individual party or the child resides in Oklahoma;

(B) the custodial person (CP) and noncustodial parent (NCP) sign a written consent to jurisdiction; and

(C) CSS staff files a copy of the signed consent to jurisdiction with the Oklahoma and issuing tribunals.

2. When calculating the 12-month time period for initiating a review, CSS uses the date the order was entered to compute time periods. When an order is not entered after the review or modification process, CSS uses the completion date of the review to compute time periods. The 12-month time period does not apply when a CP or NCP enters or leaves active duty military service, per the Servicemembers Civil Relief Act, codified in 501 through 596 of Title 50A of the United States Code. For information regarding military reservists called to active duty, refer to the federal Office of Child Support Enforcement (OCSE) Information Memorandum IM-01-09, available from the OCSE website at http://www.acf.dhhs.gov/programs/cse/pol/IM/2001/im-01-09.htm.

3. A material change of circumstances may include, but is not limited to:

(1) a change in residence or custody of one or more of the children listed in the child support order;

(2) a change of either parent's gross income;

(3) either parent receiving Social Security Administration disability benefits;

(4) a child reaching the age of majority per Section 112 of Title 43 of the Oklahoma Statutes (43 O.S. § 112);

(5) changes in child care expenses;

(6) changes in court-ordered medical support, including:

(A) the cost of health insurance;

(B) cash medical support is no longer appropriate because health insurance is provided for the child(ren);

(C) health insurance is no longer available for the child(ren);

(D) health insurance is not accessible; or

(E) health insurance is not reasonable in cost; or

(7) when the NCP is incarcerated for at least 180-calendar days.

4. Review of child support order.

(1) Examples of cases where CSS may initiate a review of the child support order include, but are not limited to, when:

(A) a case includes a child(ren) receiving DHS child care subsidy benefits and the child support computation does not include any contribution toward child care expenses;

(B) a case does not include a medical support order, the cost, or availability of medical support changed;

(C) the joint custody order does not include a child support order;

(D) the child support guidelines were not followed;

(E) CSS staff has information from the CP that the NCP is not exercising the number of ordered overnights per 43 O.S. § 118E;

(F) a parent has a significant change in income, such as involuntary job loss or disability; or

(G) either parent becomes the recipient of Supplemental Security Income or Social Security Disability benefits.

(2) When an NCP notifies CSS that he or she now has physical custody of the child(ren), CSS staff follows the procedures in Oklahoma Administrative Code 340:25-5-201.1 for verification of this information.

(3) When CSS staff verifies a custody change for the child(ren), CSS initiates a review of the child support order. CSS staff does not initiate a review of the child support order if:

(A) there is any indication of parental kidnapping or involuntary relinquishment of custody; or

(B) the NCP is unable to provide convincing verification of a change in custody.

5. Examples of a temporary change of circumstances include, but are not limited to, a pattern:

(1) of frequent changes in physical custody of the child(ren); and

(2) or history of frequent job changes by the parent requesting the review.

6. When CSS terminates a review because a party fails to provide information requested by CSS, CSS does not consider the review completed. When a review is terminated and a party subsequently requests a review, CSS staff reviews the last order or completed review date to determine when it has been 12 months since the support order was reviewed at the request of a party.

7. CSS staff uses the Paperwork Checklist for Interstate Actions in the Interstate Actions Made Easy guide located on the CSS InfoNet to determine which forms to send to a responding state to request a modification. Prior to transmitting documents to a responding state, CSS calculates past child support, including interest; obtains certified copies of orders, and requires parties to complete necessary documents. CSS uses the documents in interstate cases prescribed by the federal OCSE Action Transmittals AT-05-03, AT-05-04 and AT-05-05, available from the OCSE website at                  http://www.acf.hhs.gov/programs/cse/pol/AT/2005/at-05-03.htm,                            http://www.acf.hhs.gov/programs/cse/pol/AT/2005/at-05-04.htm, http://www.acf.hhs.gov/programs/cse/pol/AT/2005/at-05-05.htm.

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