340:25-5-270. Intergovernmental cases
(a) Legal basis. When referring and processing intergovernmental Title IV-D cases, the Oklahoma Human Services Child Support Services (CSS) is governed by: • 1
(1) Section 1738B of Title 28 of the United States Code (28 U.S.C. § 1738B) and 42 U.S.C. §§ 654, 659A, and 666;
(2) Sections 302.36 and 303.7 of Title 45 of the Code of Federal Regulations (45 C.F.R. §§ 302.36 and 303.7); and
(3) the Uniform Interstate Family Support Act, per Sections 601-100 through 601-903 of Title 43 of the Oklahoma Statutes (43 O.S. §§ 601-100 through 601-903) and 56 O.S. § 240.9.
(b) Definition. For purposes of this Section, forum state means the state where the hearing is held or where the responding court proceeding is filed to establish or enforce a support order.
(c) Intergovernmental central registry. CSS operates an intergovernmental central registry, per 45 C.F.R. §§ 302.36 and 303.7.
(d) Forms. CSS uses forms issued by the Secretary of the United States Department of Health and Human Services, per 42 U.S.C. § 652 as applicable for processing intergovernmental cases. • 2
(e) Communication. When:
(1) Oklahoma is the initiating state, CSS obtains information from the other Title IV-D agency and communicates with the custodial person (CP) in Oklahoma.
(2) Oklahoma is the responding state, CSS communicates to the initiating state with which CSS has established a case. • 3
(3) CSS receives written communication from a party or a party's attorney, CSS sends copies to the appropriate agency or person within two-business days of receipt, per 43 O.S. § 601-307.
(f) Family violence and nondisclosure. When Oklahoma is the initiating state and a party claims family violence, CSS does not release the party's physical address without a court order. CSS:
(1) enters the address of record, when designated, or the district office's address instead of the physical address of the party requesting nondisclosure on the Child Support Enforcement Transmittal # 1, Initial Request, Nondisclosure Finding Affidavit, and on the General Testimony, when applicable; • 4
(2) does not file the interstate transmittal forms with the tribunal;
(3) does not release a copy of the interstate transmittal form to the other party, per Oklahoma Administrative Code (OAC) 340:25-5-67; and
(4) seeks an order from the appropriate tribunal regarding release of the information when the initiating state, responding state, or a party requests release of specific identifying information, per 43 O.S. § 601-312. • 5
(g) Services provided. Except as provided in (1) through (4) of this subsection, CSS processes intergovernmental cases in the same manner as intrastate cases, per OAC 340:25-1-1.2.
(1) Evidence. If one of the parties is a nonresident of the forum state, CSS arranges for testimony over the phone at the request of the nonresident party or a Title IV-D agency, and requests the court to admit evidence, per 43 O.S. § 601-316. • 6
(2) One-state processing. In the absence of an order to establish paternity or support, CSS uses a one-state process to establish an order if personal and subject matter jurisdiction may be exercised over a nonresident party, per 45 C.F.R. § 303.7 and 43 O.S. § 601-201.
(3) Determination of controlling order. When there are multiple orders for current support for the same child, CSS seeks a determination of controlling order (DCO) or a new order from the appropriate tribunal, per 43 O.S. § 601-207 and 43 O.S. §§ 601-602 through 601-615.
(A) When making the arrears calculation for the DCO proceeding, CSS applies the law of the respective issuing states in determining the arrears under each order.
(B) Once the court issues a DCO, CSS applies the law of the controlling order state to the consolidated arrears, even when the support orders of other states contributed a portion to those arrears. • 7
(4) Redirection of payments. Per 43 O.S. §§ 601-307 and 601-319:
(A) CSS issues a notice to redirect payments to the Title IV-D agency in the state where the CP resides and issues an Order/Notice to Withhold Income for Child Support to implement the order when:
(i) Oklahoma is the state that issued the child support or income assignment order;
(ii) neither the noncustodial parent (NCP), CP, or any child lives in Oklahoma; and
(iii) CSS or another Title IV-D agency makes the request. • 8
(B) CSS issues a notice to redirect payments to the Title IV-D agency in the state of residence of the CP when:
(i) a child support or income assignment order was issued;
(ii) neither the NCP, CP, or any child lives in the issuing state; and
(iii) Oklahoma provides child support services. • 8
(C) CSS furnishes a certified record of payments to a requesting party or tribunal when CSS receives redirected payments, per 43 O.S. § 601-319.
(5) Limited services. CSS provides limited services only at the request of an initiating interstate Title IV-D agency or an international central authority, per 43 O.S. §§ 601-101 through 901 and 45 C.F.R. § 303.7. CSS provides limited services, when appropriate, even when an individual NCP or CP does not reside in Oklahoma. The CSS director or appointed designee approves requests for limited services not listed in 45 C.F.R. § 303.7. • 9
(h) Determination of arrears. When Oklahoma has personal and subject matter jurisdiction and can obtain service of process on the NCP, CSS uses the annual notice, notice of support debt, contempt, or other appropriate proceedings to determine past support and interest before requesting a tribunal of another state to enforce.
(i) Choice of law. The applicable law for support duration determination and other choice of law issues is controlled by subsection (h) of the Full Faith and Credit for Child Support Orders Act, per 28 U.S.C. § 1738B(h) and 43 O.S. §§ 601-604 through 601‑611. The law of the initial controlling order state governs the support duration even after another state modifies the order.
(j) Genetic testing. When genetic testing is required in intergovernmental cases, the responding state is responsible for paying the cost of testing, per 45 C.F.R. § 303.7 and OAC 340:25-5-176.
1. Oklahoma Human Services Child Support Services (CSS) registers a foreign support order, per Sections 601-601 through 601-604 of Title 43 of the Oklahoma Statutes (43 O.S. §§ 601-601 through 601-604) when enforcement of the order is requested. When 43 O.S. § 601-207 applies, CSS consolidates multiple orders.
2. CSS staff follows the Office of Child Support Enforcement (OCSE) Action Transmittals AT-97-06, AT-05-03, and AT-05-04, available from the OCSE website at http://www.acf.hhs.gov/programs/cse/pol/AT/1997/at-9706.htm, http://www.acf.hhs.gov/programs/cse/pol/AT/2005/at-05-03.htm, and http://www.acf.hhs.gov/programs/cse/pol/AT/2005/at-05-04.htm, for instructions on completing interstate child support forms.
(1) CSS staff follows OCSE Action Transmittal AT-98-30, available from the OCSE website at http://www.acf.hhs.gov/programs/cse/pol/AT/1998/at-9830.htm, to clarify the intent of 45 C.F.R. § 303.7 regarding communication in interstate cases.
(2) When it is necessary to communicate with the other state, CSS staff updates the Case Log Add (CSLOGA) screen on the Oklahoma Support Information System (OSIS) with "***CARE***. Please send call from custodial person to district office." The Customer Assistance Response Effort (CARE) passes calls through from the custodial person (CP) as long as there is no follow-up message to stop.
4. CSS staff assist with form completion as needed and advises the customer the non-disclosure being checked on Uniform Interstate Family Support Act forms alone is not sufficient to protect victims of family violence. The sworn statement does not require a witness or a notary and may be self-certified by the party making the statement.
5. 43 O.S. § 601-312 applies to disclosure of information when:
(1) Oklahoma does not have jurisdiction to order the party requesting nondisclosure of an address to provide an address of record; or
(2) other specific identifying information is requested.
6. CSS staff attempts to coordinate with the Title IV-D agency in the initiating or responding state if any, in arranging testimony over the phone with an out-of-state witness or party. CSS staff requests a phone number from the nonresident party where he or she can be reached on the hearing date when he or she is unable to appear in person.
7. Determination of controlling order (DCO). CSS staff follows the federal OCSE Determination of Controlling Order and Reconciliation of Arrears Best Practice Guide provided in the Dear Colleague Letter DCL-03-27, available from the OCSE website
(1) When there are multiple support orders, CSS seeks a judicial DCO. To determine which state has the presumed controlling order, CSS staff uses the Worksheet to Determine Controlling Order, available from the CSS InfoNet Library page.
(A) CSS staff follows OCSE Information Memorandum IM-03-01, available from the OCSE website at http://www.acf.hhs.gov/programs/cse/pol/IM/2003/im-03-01.htm, regarding instructions for the DCO.
(B) When it is appropriate to register an order for enforcement or modification, CSS staff combines the registration and DCO proceedings.
(2) When an Oklahoma tribunal has personal jurisdiction, CSS staff files an application for the DCO with the appropriate tribunal, per Oklahoma Administrative Code (OAC) 340:25-5-124. CSS staff follows the instructions for the DCO in Oklahoma, available from the CSS InfoNet Library page. CSS staff sends notice of the hearing on the application for DCO to all parties and public agencies the determination may affect.
(3) When a state tribunal other than an Oklahoma tribunal has personal jurisdiction over the noncustodial parent (NCP) and CP, CSS staff sends an application for DCO, copies of all existing child support orders, a completed Interstate Transmittal # 1, and a record of payments reconciling the arrears and interest due under all existing orders to the Title IV-D agency in the state with jurisdiction to determine the controlling order.
(4) CSS seeks a DCO when requested by another tribunal and there are sufficient minimum contacts with the NCP and the CP, even when the parties do not currently reside in Oklahoma. Refer to OAC 340:25-5-124 for assignment of cases without an Oklahoma order.
(5) CSS files a certified copy of the DCO within 30-calendar days with all tribunals that entered or registered prior orders. The DCO:
(A) includes findings, prospective child support amount, and total amount of principal and interest due under all prior orders; and
(B) is entitled to full faith and credit.
8. CSS may seek an order to redirect payments from either district court or the Office of Administrative Hearings:Child Support.
9. (a) Intergovernmental limited services include:
(2) service of process;
(3) coordination of genetic testing;
(4) automated enforcement of interstate cases;
(5) enforcement of a child support order when an NCP's assets may be found in Oklahoma;
(6) modification of a child support order, per Oklahoma Administrative Code 340:25-5-198.1;
(7) provision of certified payment records, when Oklahoma once had an enforceable order;
(8) assistance with discovery for court proceedings;
(9) determination of controlling order;
(10) conversion of child support stated in a foreign currency to United States dollars when the conversion is necessary to provide another limited service;
(11) resolution of a contest of the validity or enforcement of an Order/Notice to Withhold Income for Child Support; and
(12) redirection of payments, amendment of an Order/Notice to Withhold Income for Child Support, when necessary, and provision of certified payment records to the Title IV-D agency in the custodial person's state when the parties do not reside in Oklahoma and Oklahoma issued the child support order.
(b) When limited services are provided to redirect payments or amend an Order/Notice to Withhold Income for Child Support, CSS staff provides copies of the redirection of payments and the amended Order/Notice to Withhold Income for Child Support to the Central Case Registry at PO Box 248843, Oklahoma City, Oklahoma 73124-8843.
(c) When Oklahoma is requested to provide limited services, CSS suppresses all non-requested actions.