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Library: Policy

340:25-5-201.1. Termination or amendment of income withholding

Revised 7-1-12

     Oklahoma Child Support  Services (OCSS) amends or terminates the Order/Notice to Withhold Income for Child Support, as appropriate, to stop:

  • (1) withholding only current support when a noncustodial parent obtains physical custody of all children who are the subject of the support order, or when the parties to the case reunite.   OCSS does not amend the Order/Notice to Withhold Income for Child Support if there is any indication of parental kidnapping or involuntary relinquishment;  • 1 through • 3

  • (2) all withholding when the applicant for services requests closure of a non-public assistance case; or

  • (3) all withholding when the case is updated as medical enforcement only.

INSTRUCTIONS TO STAFF 340:25-5-201.1

Revised 7-1-12

 

1.When a noncustodial parent notifies Oklahoma Child Support Services (OCSS) that he or she now has physical custody of a child(ren) who is the subject of a support order, OCSS staff attempt to confirm that this change is with the consent and acquiescence of the custodial person.If the custodial person is unavailable, OCSS staff attempt to verify the change by requesting verification from the noncustodial parent with documentation such as school records or affidavits.

2.OCSS basis for amending the Order/Notice to Withhold Income for Child Support for current support follows the rationale expressed in theholdings in McNeal v. Robinson (1981 OK 43, 628 P.2d 358) and Aguero v. Aguero (1999 OK CIV APP 38, 976 P.2d 1088).The courts held that credit may be allowed for a period during which the noncustodial parent, with the custodial person's consent and acquiescence, has physical custody of the children.Child support payments are for the benefit of the children, rather than the custodial parent, and it would be inequitable to effectively force the noncustodial parent to pay twice for their support.

3.OCSS staff do not amend the Order/Notice to Withhold Income for Child Support to stop current support if:

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

(2) the noncustodial parent is unable to provide convincing verification of a change in custody; or

(3) the noncustodial parent does not obtain custody of all children who are the subjects of an aggregate order.An aggregate order is a support order that provides one support amount for more than one child.

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