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Library: Policy

340:25-5-200. Enforcement

Revised 9-16-19

(a) Scope and applicability. The Oklahoma Department of Human Services Child Support Services (CSS) follows Part D of Subchapter IV of Chapter 7 of Title 42 and Section 1738B of Title 28 of the United States Code (28 U.S.C. § 1738B), Section 303.6 of Title 45 of the Code of Federal Regulations (45 C.F.R. §303.6), and Section 240.1 of Title 56 of the Oklahoma Statutes (56 O.S. § 240.1) in initiating enforcement proceedings.

(1) Orders for current and past child and spousal support, health care coverage, fixed amounts of medical support, judgments, and delinquencies may be enforced through expedited and judicial processes, or through other collection efforts.  1

(2) Past-due child support is a judgment by operation of law and may be enforced in the same manner as any other money judgment per 43 O.S. § 137.

(3) Post-judgment remedies do not require an adjudicated judgment by a district or administrative court.

(4) Each missed support payment is a judgment; thus, a judgment increases with each missed payment. This total judgment becomes a lien on the real and personal property of the noncustodial parent (NCP).

(b) Non-Oklahoma support order. CSS registers a support order from another state, Native American tribe, territory, or foreign country, per subsection (b) of the Full Faith and Credit for Child Support Orders Act codified in 28 U.S.C.§ 1738B(b) and 43 O.S. § 601-101(21) when enforcement of the order is sought.

(c) Multiple support orders. When multiple child support orders are entered in the same or different tribunals involving the same NCP and child, CSS seeks a determination of controlling order, per 43 O.S. §§ 601-207, 601-307, and 601‑601 through 601-603and Oklahoma Administrative Code (OAC) 340:25-5-270.

(d) Legal remedies. CSS determines appropriate enforcement actions and may use any legal remedy to enforce support obligations. 1 CSS chooses remedies designed to obtain compliance with an obligor's support obligations and does not use any remedy for the purpose of punishment. When an NCP is participating in the CSS problem-solving court program or complying with a seek work order, CSS considers the NCP's participation and compliance per OAC 340:25-5-200.3 when choosing enforcement remedies. Remedies CSS may use include, but are not limited to:

(1) annual notice to NCPs per 56 O.S. § 237A and OAC 340:25-5-213;

(2) income assignment, garnishment, and levy per Chapter 21 of Title 12, 43 O.S. §§ 115 and 601-501 through 601-507, 56 O.S. §§ 237, 240.2, and 240.23, and 42 U.S.C. § 666; • 2

(3) hearing on assets per 12 O.S. § 842;

(4) intercept of federal tax refunds, per 42 U.S.C. § 664, 31 C.F.R. § 285.3, and 45 C.F.R. §303.72, OAC 340:25-5, Part 25. Intercept of state tax refunds per 45 C.F.R. § 303.102, 68 O.S. § 205.2, and OAC 340:25-5, Part 27;

(5) administrative offsets per 31 U.S.C. § 3716, 31 C.F.R. § 285.1, and Executive Order 13019;

(6) denial, revocation, or suspension of United States passports, per 56 O.S. § 240.1 and 42 U.S.C. §§ 652 and 654;

(7) revocation, suspension, non-renewal, and non-issuance of various licenses including, but not limited to, revocations of certificates of motor vehicle titles per 43 O.S. §§ 139 and 139.1, 47 O.S. §§ 1-153, 6-201, 6-201.1, and 6-211, and 56 O.S. §§ 237.1 and 240.15 through 240.21A;

(8) imposing liens and executing and levying on personal and real property, including, but not limited to, workers' compensation benefits, personal injury, wrongful death, and probate actions per 43 O.S. § 135, 56 O.S. § 240.23, and Titles 12 and 58of the Oklahoma Statutes;  3 & 4

(9) registration of foreign support orders per the Uniform Interstate Family Support Act per 43 O.S. §§ 601-100 through 601-903;

(10) credit bureau referrals per 42 U.S.C. § 666 and 15 U.S.C. § 1681b, 56 O.S. § 240.7, and OAC 340:25-5, Part 31;

(11) financial institution data match per 42 U.S.C. §§ 666 and 669A, 56 O.S. §§ 240.22 through 240.22G, and OAC 340:25-5-212;

(12) seek work orders per 56 O.S. § 240.10;

(13) indirect civil contempt of court per 21 O.S. §§ 566 and 567, 43 O.S. § 137, and 56 O.S. § 234. CSS does not use contempt as a penal sanction and does not recommend incarceration to the district court at sentencing in an indirect civil contempt proceeding unless there is evidence or information available that the obligor can purge the contempt. CSS asks the court to set a reasonable purge fee per Rule 8.3 of the Rules of the District Court;  5 & 6

(14) action to void the transfer or obtain favorable settlement in cases in which a debtor transferred income or property to avoid payment to a child support creditor per the Uniform Fraudulent Transfer Act, 24 O.S. §§ 112 through 123 and 42 U.S.C. § 666;

(15) registration of foreign judgments per the Uniform Enforcement of Foreign Judgments Act, 12 O.S. §§ 719 through 726;

(16) criminal actions brought per 21 O.S. 852;

(17) civil actions brought per 42 U.S.C. § 660;

(18) transfer of child support obligation to another custodian per 56 O.S. § 237;

(19) referral to the United States Attorney for federal prosecution per 18 U.S.C. § 228;

(20) full collection services by the Secretary of the Treasury per Section 6305 of the Internal Revenue Code of 1954; and

(21) attachment of lottery prize winnings from the Oklahoma Lottery Commission per 3A O.S. § 724.1.

(e) Servicemember. When CSS initiates proceedings to enforce a child support order for a child of an NCP or a custodial person who is a servicemember, CSS applies the provisions of the Servicemembers Civil Relief Act, per 50 U.S.C. §§ 3901 through 4043. 7

INSTRUCTIONS TO STAFF 340:25-5-200

Revised 9-16-19

1. The Oklahoma Department of Human Services (DHS) Director authorizes Child Support Services (CSS) state's attorneys and caseworkers to approve subpoenas, issued by the Director's authority per Section 240.23 of Title 56 of the Oklahoma Statutes (56 O.S. § 240.23), through the DHS Director's Authorization memorandum dated December, 2012.

2. (a) CSS does not send a notice of income assignment to an employer in another state when there is an active full-service outgoing interstate referral.

(b) CSS staff sends a manual notice of income assignment to an employer, checking the "One-Time" box, when CSS staff learns an employer is going to pay a noncustodial parent (NCP) a lump sum payment, such as, but not limited to, a bonus, strike, vacation, or severance pay.

(1) CSS staff considers the arrearage, including interest subject to the withholding limits per 12 O.S. § 1171.2. When the arrearage, including interest is less than the allowable withholding amount available from the lump sum payment, CSS staff advises the employer to withhold the lesser amount.

(2) When a CSS state's attorney's review of the child support case results in a legal decision to collect the entire lump sum, CSS staff also sends a notice of lien to an employer.

3. CSS state's attorneys endorse checks in exchange for a payment in an amount that satisfies in full or in part, the CSS lien for workers' compensation benefits, personal injury proceeds, or any child support lien. The CSS office where the check is presented confirms the amount of the settlement with the assigned CSS office prior to endorsing the check and accepting a payment in satisfaction.

4. (a) When an NCP dies, CSS proceeds with case closure per Oklahoma Administrative Code 340:25-5-123 unless CSS staff is aware of a pending probate action.

(b) When the district office is aware of a probate action and there are funds to be distributed, CSS staff files a lien.

(c) When there is no probate action pending at the time of case closure, the district office may provide the custodial person (CP) a record of payments for the CP to pursue collection against the estate.

5. (a) In a contempt action, CSS staff follows the Contempt User Guide, available on the CSS Infonet.

(b) When requesting incarceration, CSS state's attorneys:

(1) request the court hold an evidentiary hearing on the obligor's present ability to purge. CSS state's attorneys request the court set a purge amount per Rule 8.3 of the Rules for the District Courts (Rule 8.3) and the evidence elicited at the hearing;

(2) may request purge conditions that are less than the full sentence allowed or for less than the full amount owed. For example, CSS state's attorneys may request incarceration for less than the statutory period of 180-calendar days and a purge amount of less than the full amount owed in order to coerce the obligor's partial compliance. When this occurs, CSS state's attorneys request the obligor continue paying based on a new payment plan and the provisions of the court's order for release per Rule 8.3(e)(3);

(3) request alternative sentencing options per 21 O.S. § 566.1 as part of the purge when appropriate, including, but not limited to:

(A) ordering obligor to participate in the problem solving court program;

(B) weekend jail; or

(C) ankle monitors that allow the obligor to maintain employment; and

(4) ensure a record memorializing the evidence is made. When possible, CSS state's attorneys request a court reporter record the proceedings. When a court reporter is not available, CSS state's attorneys draft a Journal Entry and narrative when appropriate that includes all of the evidence submitted to the court and the court's specific findings regarding the purge conditions.

6. When CSS files a contempt action with the court, staff attaches the Notice of Your Rights in Civil Contempt Actions to the contempt citation and application packet, as an exhibit.

7. (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 under SCRA;

(2) appearance in court actions;

(3) stays of court;

(4) default orders; and

(5) enforcement actions affected by SCRA.

(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, per Sections 3901 through 4043 of Title 50 of the United States Code.

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