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Library: Policy

340:25-5-345.2. Definitions

Revised 7-1-13

    The following words and terms, when used in this Part, shall have the following meanings unless the context clearly indicates otherwise:

     "Allocation" is the process used to divide receipts among the eligible obligations of an obligor.  Eligible refers to active and enforceable obligations that meet the criteria to be paid by the collection being allocated.

     "Case type" means a payee, including, but not limited to:

(A) custodial person (CP);

(B) support owed to another state; or

(C) reimbursement for:

(i) Temporary Assistance for Needy Families program;

(ii) Foster Care program; or

(iii) Office of Juvenile Affairs program.

     "Cashier's check" means a draft with respect to which the drawer and drawee are the same bank or branches of the same bank per Section 3-104 of Title 12A of the Oklahoma Statutes (12A O.S. § 3-104).

     "Certified check" means a check accepted by the bank on which it is drawn per 12A O.S. § 3-409.

     "Check" means a draft payable on demand and drawn on a bank.  A negotiable instrument may be a check even though it is described on its face by another term such as "money order" per 12A O.S. § 3-104.

     "Disbursement" means when funds have been issued to the CP, another entity, or refunded to a noncustodial parent.

     "Distributed payments" means funds have been logged to the case and the resulting issuance, if any, occurred.

     "Distribution" is the federally mandated process for applying receipts after they are allocated.

     "Forgery" means a fraudulently endorsed and subsequently cashed warrant.

     "Monthly payment plan" means the plan approved by the court or a voluntary income assignment or acknowledgment executed by the obligor to ensure compliance with a support order, including current child support, cash medical, spousal support, and monthly payment on past-due support.

     "Negotiable instrument" means an unconditional promise or order to pay a fixed amount of money, with or without interest or other charges described in the promise or order, if it meets the criteria outlined in 12A O.S. § 3-104.

     "Obligation" means the monthly amount due for current support, past-due support, or both, along with total arrears for an obligor.

     "Payee" means the person or entity to whom the check is written.

     "Pended payments" means funds that are distributed to case balances but the payee has not yet received the money.  Pended payments include, but are not limited to, cancelled by statute and stop pay issuances.

(A) "Cancelled by statute" means a warrant was issued but was not cashed by the payee within 90 calendar days.

(B) "Stop pay" means an Oklahoma Child Support Services (OCSS) warrant was issued but the payee requested the check not be approved for payment.  The payee must complete Form 10AD044E, Affidavit of Lost or Destroyed Warrant, in order to initiate the stop payment process.  Upon receipt of Form 10AD044E, OCSS notifies the Oklahoma State Treasurer and issues a replacement warrant.

     "Unauthorized signature" means a signature made without actual, implied or apparent authority.  The term includes a forgery per 12A O.S. § 1-201.

     "Undistributed payments" means funds received but not yet distributed to a case balance.

     "Warrant" means an unconditional written order by which one person or entity authorizes another person or entity to pay a sum certain of money to a third person or entity.  A warrant is also known as a check or bank draft.

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