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Library: Policy

340:25-5-213. Annual notice

Revised 9-15-17

(a) Oklahoma Department of Human Services Child Support Services (CSS) sends a notice, referred to as the Notice and Order of Child Support Lien or annual notice, per Section 237A of Title 56 of the Oklahoma Statutes (56 O.S. § 237A) to noncustodial parents (NCP) and custodial persons (CP) in Title IV-D cases at least once every 12 months, unless the amount of past due support has been determined in a court proceeding within the past twelve months. • 1

(b) The annual notice includes directions for the NCP to make specified monthly payments to satisfy past-due support. The annual notice requests two separate monthly payments on past due support: one temporary payment and one permanent payment.

(1) The temporary monthly payment on past due support is a payment that is effective when the annual notice is issued and is included on an Income Withholding Order (IWO).

(2) The permanent monthly payment on past due support is a payment that is effective after the time period for administrative review has passed. After the time period for administrative review has passed, CSS issues an amended IWO that includes the permanent monthly payment on past due support.

(3) To promote healthy families, CSS sets a temporary and permanent monthly payment on past due support appropriate to the obligor's circumstances, according to the best evidence available per Oklahoma Administrative CodeOAC 340:25-5-140. The temporary monthly payment on past due support does not exceed 25 percent of the last order addressing current support.  • 2

(c) The initial notice is served on the NCP per 12 O.S. § 2005. When there is an address of record (AOR) on file with the Central Case Registry per 43 O.S. § 112A, the notice may be served by regular mail at the AOR. Subsequent notices may be served by regular mail with a certificate of mailing to the last AOR. The initial notice and subsequent annual notices are sent to the CP by regular mail with a certificate of mailing.

(d) The annual notice sent to the NCP must not include the CP's address or employer's name and address. The annual notice sent to the CP must not include the NCP's address or employer's name and address.

(e) The NCP or CP may timely request in writing, an administrative review of the annual notice per 56 O.S. § 237A. When all disputed issues are not settled at the administrative review, CSS sets the matter for hearing.

INSTRUCTIONS TO STAFF 340:25-5-213

Revised 9-15-17

1. Oklahoma Department of Human Services Child Support Services staff does not establish or update the custodial person's (CP) address of record (AOR) based only on an annual notice proceeding unless the CP appears or establishes an AOR per Oklahoma Administrative Code 340:25-5-340.

2. When calculating the monthly payment on past due support in a case where there is already a monthly payment on past due support the:

(1) total of the temporary and existing monthly payments on past due support does not exceed 25 percent of the current child support amount. When the existing monthly payment exceeds 25 percent, CSS staff uses the existing monthly payment and does not add an additional temporary monthly payment in the Annual Notice or on the Income Withholding Order; and

(2) permanent payment on past due support supersedes all previous monthly payments on past due support and is not added to the temporary or previously existing payment on past due support.

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