COMMENT DUE DATE:  

February 14, 2020

DATE: 

January 15, 2020

Tammy Hall, Child Support Services (CSS) 405-522-0022

Dena Thayer, Programs Administrator, Legal Services - Policy 405-521-4326

Nancy Kelly, Policy Specialist, Legal Services - Policy 405-522-6703

RE:  

APA WF 20-25

It is very important that you provide your comments regarding the DRAFT COPY of policy by the comment due date. Comments are directed to *STO.LegalServices.Policy@okdhs.org. 

The proposed policy is  Permanent .  This proposal is subject to Administrative Procedures Act

It is important that you provide your comments regarding the draft copy of policy by the comment due date.Comments are directed to *STO.LegalServices.Policy@okdhs.org.The proposed amendments are permanent.

A public hearing is scheduled for 10:00 a.m. on February 24, 2020, at DHS, Sequoyah Memorial Office Building, 2400 N. Lincoln Boulevard, Oklahoma City, Oklahoma 73105, Room C-48.Anyone who wants to speak must sign in at the door by 10:05 a.m.

SUBJECT:CHAPTER 25. CHILD SUPPORT SERVICES

Subchapter 1. Scope and Applicability

340:25-1-1.2 [AMENDED]

Subchapter 5. Operational Policies

Part 15. Case Initiation, Case Management, and Case Closure

340:25-5-110.1 [AMENDED]

340:25-5-117 [AMENDED]

340:25-5-134 [AMENDED]

Part 20. Medical Support

340:25-5-168 [AMENDED]

Part 21. Establishment

340:25-5-176 [AMENDED]

340:25-5-178 [AMENDED]

340:25-5-179.1 [AMENDED]

Part 33. Intergovernmental Cases

340:25-5-270 [AMENDED]

Part 39. Accounting and Distribution

340:25-5-351. [AMENDED]

(Reference WF 20-25)

SUMMARY:

The proposed amendments to Subchapters 1 and 5 of Chapter 25 amend the rules to:(1) comply with Section 303.31(b)(2) of Title 45 of the Code of Federal Regulations (45 C.F.R. § 303.31(b)(2)) that mandates Child Support Services (CSS) include government medical assistance, such as SoonerCare (Medicaid), as qualifying health care coverage; (2) update the calculation for family share of child care costs in the child support guidelines in response to federal policy revisions required by the reauthorization of the Child Care and Development Block Grant;(3) implement rule changes recommended during the annual CSS policy review process; (4) amend legal authority as necessary; and (5) make non-substantive cleanup to improve rule clarity.

PERMANENT APPROVAL:Permanent rulemaking is requested.

LEGAL AUTHORITY:Director of Human Services; 56 O.S. § 162; 43 O.S. §§ 601-101 through 901; 56 O.S. § 237; 12 O.S. § 2004; 10 O.S. §§ 7700-508 & 509; 43 O.S. § 118G.45 C.F.R. § 303.7; 45 C.F.R. § 302.38; 45 C.F.R. § 302.33; 45 C.F.R. § 302.51; 45 CFR § 302.56; 42, C.F.R. § 433.152.Section 1603(12) of Title 25 of the United States Code (25 U.S.C. § 1603(12)); 42 U.S.C. §§ 652, 654, 654a, & 655.

Rule Impact Statement

To: Programs administrator

Legal Services

From: Renee Banks

Director, Child Support Services

Date: December 13, 2019

Re:CHAPTER 25. CHILD SUPPORT SERVICES

Subchapter 1. Scope and Applicability

340:25-1-1.2 [AMENDED]

Subchapter 5. Operational Policies

Part 15. Case Initiation, Case Management, and Case Closure

340:25-5-110.1 [AMENDED]

340:25-5-117 [AMENDED]

340:25-5-134 [AMENDED]

Part 20. Medical Support

340:25-5-168 [AMENDED]

Part 21. Establishment

340:25-5-176 [AMENDED]

340:25-5-178 [AMENDED]

340:25-5-179.1 [AMENDED]

Part 33. Intergovernmental Cases

340:25-5-270 [AMENDED]

Part 39. Accounting and Distribution

340:25-5-351. [AMENDED]

(Reference WF 20-25)

Contact:Tammy Hall, 405-522-0022

A.Brief description of the purpose of the proposed rule:

Purpose.The proposed amendments to Subchapters 1 and 5 of Chapter 25 amend the rules to:(1) comply with Section 303.31(b)(2) of Title 45 of the Code of Federal Regulations (45 C.F.R. § 303.31(b)(2)) that mandates Child Support Services (CSS) include government medical assistance, such as SoonerCare (Medicaid), as qualifying health care coverage; (2) update the calculation for family share of child care costs in the child support guidelines in response to federal policy revisions required by the reauthorization of the Child Care and Development Block Grant;(3) implement rule changes recommended during the annual CSS policy review process; (4) amend legal authority as necessary; and (5) make non-substantive cleanup to improve rule clarity.

Strategic Plan Impact.The proposed amendments support Oklahoma Department of Human Services (DHS) goals of helping Oklahomans lead safer, healthier, more independent and productive lives; keeping the DHS workforce informed, supported, and engaged; meeting the needs of vulnerable Oklahomans; and cultivating a culture of continuous improvement.The proposed amendments support the CSS strategic plan by providing customers access to tools and resources to achieve and maintain healthy families, prioritizing CSS's ability to provide core services to customers, and clarifying to the public and staff how CSS provides services to customers

Substantive changes.

Subchapter 1. Scope and Applicability

Oklahoma Administrative Code (OAC) 340:25-1-1.2 is amended to:(1) memorialize that CSS does not collect private attorney fee judgments, per 45 C.F.R. § 302.38; and (2) advise that requests for limited services not mandated in 45 C.F.R. § 303.7 must be approved by the CSS director.

Subchapter 5. Operational Policies

Part 15. Case Initiation, Case Management, and Case Closure

OAC 340:25-5-110.1 is amended to establish that a child support case is not reopened when the circumstances that led to the closure have not changed, per federal guidance in Policy Interpretation Questions (PIQ) 05-02.

OAC 340:25-5-117 is amended to clarify that CSS:(1) determines when it is appropriate to open a full-service case when a referral from the Oklahoma Health Care Authority is received from a custodial person (CP); and (2) does not open a previously closed case when the conditions that closed the case still exist, per PIQ 05-02.

OAC 340:25-5-134 is amended to:(1) clarify that all parties whose rights are affected must be served, per Section 2004 of Title 12 of the Oklahoma Statutes (12 O.S. § 2004); and (2) provide authority to proceed in establishing a default parentage order when a served parent is not cooperative, when appropriate.

Part 20. Medical Support

OAC 340:25-5-168 is amended to comply with federal regulation 42 C.F.R. 433.152 that makes Indian Health Services a qualified health care coverage.

Part 21. Establishment

OAC 340:25-5-176 is amended to add a reference for OAC 340:25-5-134 when requesting a default parentage order.

OAC 340:25-5-178 is amended to remove an obsolete calculation method used when establishing a child support order and the children are receiving subsidized child care services from DHS.

OAC 340:25-5-179.1 is amended to clarify when CSS requests the court to establish support for a prior period and to provide how CSS proceeds with court requests for prior support when the non-custodial parent is incarcerated.

Part 33. International Cases

OAC 340:25-5-270 is amended to advise that requests for limited services not mandated in 45 C.F.R. § 303.7 must be approved by the CSS director.

Part 39. Accounting and Distribution

OAC 340:25-5-351 is amended to:(1) clarify that the collection fee is not assessed on CP's who are currently receiving Medicaid, per 45 C.F.R. § 302.33; and (2) correct legal citations.

Reasons.

Chapter 25, Subchapter 1:The proposed amendments:(1) clarify to the public and CSS staff the services CSS provides; and (2) make non-substantive cleanup to improve rule clarity.

Chapter 25, Subchapter 5:The proposed amendments:(1) provide clarification regarding CSS processes to the public; (2) provide additional guidance regarding CSS business processes (3) reflect changes made by the reauthorization of the Child Care and Development Block Grant; and (4) correct legal citations.

Repercussions. Chapter 25, Subchapter 1:The proposed amendments are designed to provide clear and concise information for customers and staff to ensure consistency in rule interpretation.

Chapter 25, Subchapter 5:The proposed amendments are designed to contribute to the health, safety, and well-being of children entitled to support and, to promote healthy families by:(1) increasing program efficiency; (2) improving customer service; and (3) providing clear and accurate guidance to CSS staff to ensure consistency in rule application.

Legal authority.Director of Human Services; 56 O.S. § 162; 43 O.S. §§ 601-101 through 901; 56 O.S. § 237; 12 O.S. § 2004; 10 O.S. §§ 7700-508 & 509; 43 O.S. § 118G.45 C.F.R. § 303.7; 45 C.F.R. § 302.38; 45 C.F.R. § 302.33; 45 C.F.R. § 302.51; 45 CFR § 302.56; 42, C.F.R. § 433.152.Section 1603(12) of Title 25 of the United States Code (25 U.S.C. § 1603(12)); 42 U.S.C. §§ 652, 654, 654a, & 655.

Permanent rulemaking approval is requested.

B.A description of the classes of persons who most likely will be affected by the proposed rule, including classes that will bear the costs of the proposed rule, and any information on cost impacts received by the Agency from any private or public entities:The classes of persons most likely to be affected by the proposed amendments are children entitled to support, noncustodial person's (NCP) who owe child support, CPs who are owed child support, CSS staff, and the courts.Affected classes of persons will bear no costs associated with implementation of the amendments.

C.A description of the classes of persons who will benefit from the proposed rule:The classes of persons who will benefit are children, NCPs, CPs, CSS staff, the courts, and taxpayers.

D.A description of the probable economic impact of the proposed rule upon the affected classes of persons or political subdivisions, including a listing of all fee changes and, whenever possible, a separate justification for each fee change:The proposed amendments facilitate efficient use of program funds and reduce expenditures by eliminating non-essential services. CSS is adding language that fees are not collected from CPs that are currently receiving Medicaid (SoonerCare), per 45 C.F.R. 303.51.

E.The probable costs and benefits to the Agency and to any other agency of the implementation and enforcement of the proposed rule, the source of revenue to be used for implementation and enforcement of the proposed rule and any anticipated effect on state revenues, including a projected net loss or gain in such revenues if it can be projected by the Agency:The probable cost to DHS includes the cost of printing and distributing the rules and training materials estimated to be under $100 and is within the current budget and requires no additional funding.These amendments do not increase any agency's duties or need for additional full-time employees.

F.A determination whether implementation of the proposed rule will have an impact on any political subdivisions or require their cooperation in implementing or enforcing the rule:The proposed amendments do not have an economic impact on any political subdivision, nor will the cooperation of any political subdivisions be required in implementation or enforcement of the amendments.

G.A determination whether implementation of the proposed rule will have an adverse economic effect on small business as provided by the Oklahoma Small Business Regulatory Flexibility Act:There are no anticipated adverse effects on small business as provided by the Oklahoma Small Business Regulatory Flexibility Act.

H.An explanation of the measures the Agency has taken to minimize compliance costs and a determination whether there are less costly or nonregulatory methods or less intrusive methods for achieving the purpose of the proposed rule:The proposed amendments are intended to minimize compliance costs and intrusive regulations while fully complying with federal and state mandates.There are no less costly or intrusive methods to achieve full compliance.

I.A determination of the effect of the proposed rule on the public health, safety, and environment and, if the proposed rule is designed to reduce significant risks to the public health, safety, and environment, an explanation of the nature of the risk and to what extent the proposed rule will reduce the risk:The proposed amendments are intended to comply with federal and state child support mandates, increase program effectiveness, protect CSS's ability to deliver services, and improve services delivered to families, thereby contributing to the health, safety, and well-being of children entitled to support.

J.A determination of any detrimental effect on the public health, safety, and environment if the proposed rule is not implemented:Failure to adopt the amendments could cause hardships on families by negatively impacting the services CSS provides and result in unnecessary expenditures of public funds to provide support for children that could otherwise be provided by NCPs.

K.The date the rule impact statement was prepared and, if modified, the date modified:Prepared July 1, 2019; modified December 13, 2019.

SUBCHAPTER 1. SCOPE AND APPLICABILITY

340:25-1-1.2. Structure and service

Revised 7-1-129-15-20

(a) Structure.

(1) Under Part A of Subchapter IV of Chapter 7 of Title 42 of the United States Code, every state must designate a single state agency to administer a statewide plan for child support services. The Oklahoma Department of Human Services is the designated agency in Oklahoma.Oklahoma Child Support Services (OCSS) (CSS) administers the plan.

(2) OCSS CSS provides services through a state office and other offices throughout the state that may be administered through service agreements or contracts with district attorneys and other entities, such as Community Action Program agencies to provide legal child support services.

(3) The primary function of OCSS CSS is to provide child support services in all Title IV-A Temporary Assistance for Needy Families (TANF), Title IV-E foster care, and non-TANF SoonerCare (Medicaid) cases where eligibility is due to the absence of one or both parents, and in other cases for persons who have applied for services.OCSS CSS also provides these services in cases forwarded by:

(A) Title IV-D agencies of other states;

(B) Native American tribes; and

(C) foreign jurisdictions, as appropriate.

(4) OCSS CSS is committed to the right of all parties to have access to the justice system for the purpose of enhancing understanding and ownership of the case.In addition to the child support services provided by OCSS CSS as described in this Chapter, when parties want to be heard on child support issues, regardless of whether the party's positions of the party are contrary to the state’s position and may be subject to legal defenses, OCSS.CSS:

(A) provides available pro se self-help forms to request a hearing before either the Office of Administrative Hearings:Child Support (OAH) under Oklahoma Administrative Code (OAC) 340:2‑28-17.2 or the district court.OAH or the district court determine whether a hearing is granted;

(B) assists pro se customers in completing available OCSS CSS self-help forms upon request; and¢ 1

(C) refers parties to community resources including, but not limited to:

(i) lawyer referral services;

(ii) community legal services;

(iii) other available self-help legal forms; and

(iv) other available informational materials and community resource materials.

(5) OCSS CSS complies with the standards for an effective program and the organization and staffing requirements, prescribed by per Part 303 of Title 45 of the Code of Federal Regulations (45 C.F.R. Part 303).¢ 2

(b) Services.OCSS CSS services include, but are not limited to:

(1) establishment of paternity, child support obligations, ongoing medical support, and ongoing child care obligations through administrative and court actions;

(2) enforcement of:

(A) child support;

(B) health insurance;

(C) fixed sums and judgments for medical support including birthing costs;

(D) fixed ongoing child care costs and judgments for child care costs; and

(E) certain spousal support obligations when due in conjunction with child support;¢ 2 through 5

(3) location of noncustodial parents and their assets by establishing intrastate and interstate links with local, state, and federal agencies, private sources, and international central authorities;

(4) review of cases case reviews for modification of support orders as appropriate;¢ 2

(5) collection and distribution of support payments in accordance with federal and state and federal law; and

(6) establishment and maintenance of accounting and other records in accordance with federal and state and federal law.

(c) Excluded services.OCSS CSS services do not include:

(1) establishment or modification of spousal support, visitation, or custody;

(2) establishment of judgment for unreimbursed medical expenses or child care costs that are not included in the fixed monthly child support obligation; and¢ 3

(3) enforcement of alimony in lieu of property division.; and¢ 3

(4) enforcement or collection of private attorney fee judgments.

(d) Limited Intergovernmental limited services.OCSS CSS provides limited services only at the request of an initiating interstate Title IV-D agency or an international central authority, under per Sections 601‑101 through 901 of Title 43 of the Oklahoma Statutes and Section 303.7 of Title 45 of the Code of Federal Regulations 45 C.F.R. § 303.7.OCSS CSS provides limited services, when appropriate, even if when no individual the noncustodial parent or custodial person resides does not reside in Oklahoma.Requests for limited services not listed in 45 C.F.R. 303.7 must be approved by the CSS director or his or her appointed designee.¢ 6

Instructions to Staff 340:25-1-1.2

Revised 9-16-199-15-20

1.(a) Oklahoma Department of Human Services Child Support Services (CSS) staff provides whatever assistance is necessary for customers to complete CSS self-help forms, including, but not limited to:

(1) reading the forms and instructions to the customer;

(2) filling out forms per the customer's directions; and

(3) providing information the customer needs to complete the packet.

(b) CSS staff does not give legal advice to customers.

2.When an intrastate case is opened for review and modification of the child support order, the case is a full-service case.

3.(a) CSS does not establish judgments for a noncustodial parent's (NCP) pro rata share of ongoing medical support or child care costs.

(b) CSS collects fixed sum judgments for medical support and child care costs.A fixed sum judgment is a certain amount ordered by the court as the amount due and owing for medical support or child care costs for a specific time period.CSS enforces a fixed sum judgment for medical support and child care costs in the same manner as any other judgment.

(c) Medical support includes the costs of the birth. CSS does not establish a judgment for the costs of the birth.CSS enforces a fixed sum judgment for costs incurred by the mother for the child’s birth in the same manner as any other judgment.

(d) In Oklahoma spousal support is referred to as alimony.There are two types of alimony in Oklahoma, periodic support alimony, per Section 134 of Title 43 of the Oklahoma Statutes (43 O.S. § 134) and alimony in lieu of property division, per to 43 O.S. § 121.OCSS CSS is authorized to enforce periodic support alimony, but not alimony in lieu of property division.

4.When a lump sum judgment does not specify the type, principal, and interest, CSS requests the parties provide a clarifying order.CSS does not build or enforce the judgment until receiving the clarifying order is received.

5.CSS does not collect ongoing child care costs that are ordered as a pro rata share of an unspecified child care cost.

6.(a) Interstate Intergovernmental limited services include:

(1) locate;

(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 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.

340:25-5-110.1. Applications

Revised 9-16-199-15-20

(a) The Oklahoma Department of Human Services (DHS) Child Support Services (CSS) initiates child support cases, per Title IV, Part D, of Subchapter IV of Chapter 7 of Title 42 of the United States Code, Sections 302.33 and 303.2 of Title 45 of the Code of Federal Regulations (45 C.F.R. §§ 302.33 and 303.2), and Section 237 of Title 56 of the Oklahoma Statutes (56 O.S. § 237).

(b) To apply for child support services, a person must submit a completed and signed application form to the address on the form.A one cent application fee is paid by CSS for each application received.An application for child support services is submitted in every circumstance, including applications received by from:¢ 1 & 2

(1) former Temporary Assistance for Needy Families (TANF), Aid to Families with Dependent Children (AFDC), or non-TANF SoonerCare(Medicaid) DHS recipients with the DHS;

(2) former participants in Title IV-D cases;

(3) noncustodial parents (NCP)listed on an existing medical enforcement only case cases, whenthe NCPis requesting a review and adjustment, or to open a new case, per Oklahoma Administrative Code (OAC) 340:25-5-198.1; or

(4) persons receiving child support payments from the Centralized Support Registry, and who are not currently receiving CSS child support services through CSS.¢ 3

(c) Application forms are obtained at any child support or other DHSoffice or by writing or phoning CSSat the address and phonenumbers provided in OAC 340:25-1-2.1.Printable application forms are available from the CSS website at http://www.okdhs.org.

(d) An applicant who is a custodial person (CP)must give DHS authority to endorse and negotiate payments related to child support and to spousal support on behalf of the CP and child(ren).

(e) CSS accepts an application from a CP, parent, or person alleging his or her parentage and opens a case when:¢ 4

(1) the child is a minor or is still entitled to current support, per 43 O.S. § 112;

(2) the application is to enforce a child support order for an adult with disabilities, per 43 O.S. § 112.1A;

(3) parentage must be established for a minor child against a deceased NCP consistent, per OAC 340:25-5-176; or

(4) the former CP's parental rights were terminated, then the child was adopted, and the application to collect past-due support owed to the former CP was received before the adoption.

(f) CSS does not accept applications for collection of past-due support when:

(1) all children on the application have reached the age of majority and none is an adult with disabilities, with an established child support order;¢ 5 & 6

(2) the child is deceased; or

(3) the child is a minor, but who no longer resides with the CP.

(g) CSS accepts applications for locate only services, per OAC 340:25-5-155.

(h) CSS does not accept an application and does not open a case when the case was previously closed and the circumstances that led to the closure have not changed.¢ 7

INSTRUCTIONS TO STAFF 340:25-5-110.1

Revised 9-16-199-15-20

1.Oklahoma Department of Human Services Child Support Services (CSS) staff opens a case with the name provided in the application or referral and documents any changes in the Oklahoma Support Information System (OSIS) Case Log.When necessary, CSS staff requests information to confirm a case participant's legal name.

2.When the CSS managing attorney, regional administrator, or center head determines a case was closed in error, within one year of closure, CSS staff reopens the case without requiring a new application.

3.When an intrastate case is opened for review and modification of the child support order, the case is a full-service case.

4.CSS accepts an application when an applicant who claims to be a non-biological parent of a child born during a same-sex relationship requests assistance to adjudicate the parentage of the child.

5.CSS staff follows Oklahoma Administrative Code 340:25-5-117 to accept interstate referrals for judgment only collections, when the case was opened in the initiating state during the minority of any child on the case.

6.CSS accepts an interstate referral:

(1) when the child reached the age of majority in the initiating state and the case was opened during the child's minority;

(2) when the application was received prior to the adoption; or

(3) to enforce a child support order for an adult with disabilities.

7. When determining to reopen a previously closed case, CSS follows the federal Office of Child Support Enforcement (OCSE) Policy Interpretation Question (PIQ) 05-02 Case Initiation of Previously Closed IV-
D Cases available from theOCSE website, https://www.acf.hhs.gov/css/resource/master-contracts-for-state-it-products-or-services.

340:25-5-117. Initiation of Title IV-D cases

Revised 9-16-199-15-20

(a) Title IV-A, Title IV-E foster care, non-TANF SoonerCare (Medicaid), and child care subsidy referrals.

(1) Oklahoma Department of Human Services Child Support Services (CSS) automatically initiates child support cases without additional application for certified Title IV-A, Title IV-E foster care, non-Temporary Assistance for Needy Families (TANF) SoonerCare (Medicaid), and child care subsidy referrals.¢ 1 through 5

(2) A referral from the assistance programs listed in (1) of this subsection, means receipt of data that includes verified information with no errors or duplications, sufficient and appropriate for CSS to initiate a child support case;.

(3) Custodial persons (CP)s who apply for non-TANF SoonerCare (Medicaid) for themselves and their child(ren) must assign medical support rights to the state, per Section 1396k of Title 42 of the United States Code (42 U.S.C. § 1396k).¢ 4 & 6

(A) These CPs must cooperate in establishing paternity and obtaining medical support unless an exception exists, per 42 U.S.C. §§ 1396a(l)(1)(A), 1396k, or 1396r-6.¢ 7

(B) CSS must open a Title IV-D medical enforcement only case, per Oklahoma Administrative Code (OAC) 340:25-5-169.CSS may open a full-service case to provide all appropriate Title IV-D services, per OAC 340:25-1-1.2 at the CP's request.¢ 4 & 8

(4) When CSS receives a referral from the Adult and Family Services worker, per OAC 340:40-7-9, CSS must open a full-service case when any of the applicant's children in the household are certified for a child care subsidy.¢ 9 & 10

(5) When CSS receives a non-TANF SoonerCare (Medicaid) referral from the Oklahoma Health Care Authority (OHCA) in which the CP has assigned court-ordered child support or cash medical support child support is owed, CSSmust determines when it is appropriate to open a full-service case, per OAC 340:25-5-169.¢ 10

(6) CPs who apply for non-TANF SoonerCare (Medicaid) on behalf of their child(ren) only are not required to cooperate in establishing paternity and obtaining medical support.Therefore, except when (4) of this subsection applies, CSS does not provide child support services unless the CP made a request for a full-service case or the case is for medical enforcement only.¢ 8

(b) Termination of Title IV-A, Title IV-E foster care, and non-TANF SoonerCare (Medicaid) benefits.When a family is no longer eligible for assistance under Titles IV-A, Title IV-E foster care, or SoonerCare (Medicaid) programs, all appropriate Title IV-D services continue without application, per Section 302.33 of Title 45 of the Code of Federal Regulations.Non-TANF SoonerCare (Medicaid) cases previously limited to medical support continue as full-service cases.When a CP refuses continued Title IV-D services and subsequently requests services, the CP must submit a completed and signed Form 03EN001E, Application for Child Support Services, even when CSS has an active case because of unreimbursed assistance owed to the state.

(c) Referrals from other jurisdictions. CSS accepts cases referred:

(1) by any state or tribal Title IV-D agency and from other countries when the noncustodial parent (NCP) resides in Oklahoma. CSS does not require an application for cases referred from another Title IV-D agency;

(2) by interstate referrals for judgment only collections when the case was opened in the initiating state during the minority of any child on the case; or

(3) when Oklahoma is an appropriate jurisdiction to establish, enforce, modify, or determine the controlling order, per the Uniform Interstate Family Support Act in Sections 601-101 through 601-903 of Title 43 of the Oklahoma Statutes, whether or not the NCP resides in Oklahoma.

(d) Responses from NCPs who sign an acknowledgment of paternity form.CSS opens full-service cases for NCPs who filed Form 03PA209E, Acknowledgment of Paternity, with the Oklahoma State Department of Health, Division of Vital Records and requested child support services by completing and signing Form 03EN001E, Application for Child Support Services.

(e) Other Title IV-D cases.Except as provided in subsections (a), (c), and (d) of this Section, an applicant must submit a completed and signed Form 03EN001E to receive all appropriate child support services or locate only services.¢ 1011

(f) Building case balances.

(1) CSS builds case balances on new and reopened cases, per OAC 340:25-5-140.

(2) When CSS opens a case and has information the NCP made payments in excess of the court-ordered child support order, CSS only collects the excess payment when a court has determined the amount of the excess payment and ordered that it be satisfied by offset against the monthly current child support obligation.¢ 1112

(g) Good cause.When the NCP submits an application for child support services in a case previously closed for good cause for noncooperation, CSS:

(1) reviews the case to determine if:

(A) good cause still exists for the CP not to cooperate with CSS; and

(B) CSS can proceed without the CP's cooperation or participation;

(2) opens the case when good cause no longer exists;

(3) opens the case when good cause exists, but CSS can proceed without the CP's cooperation or participation; or

(4) closes the case when good cause still exists and CSS cannot proceed without the CP's cooperation or participation.

(h) CSS does not open a case when the case was previously closed and the circumstances that led to the closure have not changed.¢ 13

INSTRUCTIONS TO STAFF 340:25-5-117

Revised 9-16-199-15-20

1.(a) When a Temporary Assistance for Needy Families (TANF) case was closed for noncooperation, per Oklahoma Administrative Code (OAC) 340:25-5-114 and a new referral or application is received, Oklahoma Department of Human Services Child Support Services (CSS) staff opens the case without updating the cooperation status.CSS district office staff reviews the cooperation status and determines how to proceed.

(b) When CSS has closed a child care subsidy case, per OAC 340:25-5-118, the custodial person (CP) must submit a new application.CSS reopens the case, but does not update the cooperation status.CSS district office staff reviews the cooperation status and determines how to proceed.

2.(a) When one district office transfers a referral, 15 or fewer calendar days old, to another office through an update on the Oklahoma Support Information System (OSIS) Referral List screen (RFLI), the sending office emails the receiving office the transfer.The email includes the Family Group Number (FGN) and the district court case number, when applicable.

(b) When the referral is more than 15-calendar days old, the initiating office builds or cross-references the case on OSIS prior to transferring the case and emails the receiving office of the transfer.The initiating office updates the OSIS Case Log screen with information about the actions taken.

3.When a CP does not provide a copy of a child support or other order, it does not automatically constitute noncooperation.CSS staff attempts to obtain the order, per OAC 340:25-5-114 Instructions to Staff.

4.When CSS receives a referral where the applicant for benefits is not the biological parent (BP) of the child(ren) on the case, but the BP is listed as a member of the household on the benefits case, CSS staff builds the child support case with the BP as the CP.When there is an order in place naming the applicant non-BP as the legal custodian of the child(ren), CSS staff builds the case with the applicant listed as the CP.

5.(a) When a child has multiple, alleged biological fathers and no acknowledged, presumed, or adjudicated fathers, CSS staff opens cases on all alleged biological fathers.CSS staff:

(1) determines which case to pursue first, per OAC 340:25-5-176 and updates the Paternity Pended Obligation (EPOC) screen with that alleged, biological father;

(2) updates all other cases as secondary alleged biological fathers on the EPOC screen; and

(3) updates the OSIS Case Log in each case to reflect multiple alleged biological fathers and the legal determination made to proceed against one of the alleged fathers.

(b) Secondary alleged biological father cases listed on the EPOC screen are exempt from audit timeframes.

(c) When a case against an alleged biological father is eligible for closure, per Section 303.11 of Title 45 of the Code of Federal Regulations, the case against that alleged biological father is closed.

6.CSS staff is not authorized to select and update Oklahoma Health Care Authority (OHCA) Agency View with the primary care provider, unless the SoonerCare (Medicaid) client advised CSS what provider to add.

7.The exceptions to the cooperation requirement include:

(1) SoonerCare (Medicaid)-eligible pregnant women during pregnancy and postpartum periods;

(2) persons receiving continued medical benefits; and

(3) persons with good cause.

8.(a) When initiating child support cases on non-TANF SoonerCare (Medicaid) referrals, CSS staff follows the:

(1) Application Process & Building the Case in OSIS Chapter in the Case Initiation and Case Closure section of the Education page on the CSS InfoNet for information on the application process and building the case on OSIS; and

(2) federal Office of Child Support Enforcement (OCSE) Dear Colleague Letter DCL‑00-122, Health Care Financing Administration Letter to State Medicaid Directors, available from the OCSE website, http://www.acf.hhs.gov/programs/cse/pol/DCL/2000/dcl-00-122.htm.

(b) CSS staff follows the Child Support Training Minute: Case Initiation on Resolving Erroneous and Duplicate Referral Information from OHCA, for the process to close the case, update the referral to the appropriate level of child support services, or to remove the referral by indicating child support services were declined.CSS staff accesses the Child Support Training Minute on the CSS InfoNet Education page.

9.Once the referral is sent to CSS, the CP may call CSS and request the child support case be closed because he or she is receiving court-ordered child support, per Adult and Family Services memo 05-12 OAC 340:40-7-9 Instructions to Staff # 2.CSS staff decides if the child support case can be closed without penalty to the child care subsidy recipient.When CSS staff decides no penalty is required, closure reason code 01 on the CSCU screen of OSIS is used.

10.When CSS receives a referral and the applicant for child care subsidy or SoonerCare Medicaid is the noncustodial parent of the child(ren), CSS does not open a child support case.

1011.CSS accepts an application when an applicant who claims to be a non-biological parent of a child born during a same-sex relationship requests assistance to adjudicate the parentage of the child.

1112.CSS does not build the excess payment as part of the case balance.When a court ordered the excess payment to be satisfied by offset against monthly current child support, CSS gives credit each month against the monthly child support obligation until the excess payment is satisfied in full.For example, when the monthly child support obligation is $1,000 and the noncustodial parent paid $600 in excess of the child support order prior to CSS opening the case, CSS staff builds the $1,000 obligation on OSIS and reduces the monthly child support obligation by $200 per month, each month until the $600 is paid in full.

13.When determining to reopen a previously closed case, CSS follows the federal Office of Child Support Enforcement (OCSE) Policy Interpretation Question (PIQ) 05-02 Case Initiation of Previously Closed IV-
D Cases available from theOCSE website, https://www.acf.hhs.gov/css/resource/master-contracts-for-state-it-products-or-services.

340:25-5-134. Default orders

Issued 9-17-18Revised 9-15-20

(a) Legal basis.The Oklahoma Department of Human Services, Child Support Services (CSS) requests default orders and processes requests for vacation or modification of default orders, per Sections 1031, 1031.1, 1038, and 2004 of Title 12 of the Oklahoma Statutes.

(b) Service of process.Before a default order is requested, CSS ensures all parties whose rights will be affected are served, in accordance with Section 2004 of Title 12 of the Oklahoma Statutes, unless there are statutorily recognized substitutes for service.

(b)(c) Entry of default orders.CSS reviews service of the pleadings and files a proper return of service prior to requesting entry of a default.¢ 1 & 2

(c)(d) Default order reviews.When a default order is entered and either party contacts CSS in writing within 30-calendar days of entry of the default order, CSS treats the request as a motion to rehear, vacate, or modify.CSS takes necessary steps to bring the action before the court for resolution.¢ 3

(d)(e) Default orders in parentage action.CSS requests default orders in parentage actions, per Oklahoma Administrative Code 340:25-5-176.When any party whose rights will be affected has been served and is non-cooperative in establishing parentage, CSSmay request a default order of parentage, unless the non-defaulting party objects. When the non-defaulting party objects, CSS determines whether to set the case for hearing or dismiss without prejudice.¢ 1

INSTRUCTIONS TO STAFF 340:25-5-134

Revised 9-16-199-15-20

1.Oklahoma Department of Human Services, Child Support Services (CSS) staff ensures the return of service accurately reflects all documents served upon the party who is in default.

(1) CSS staff follows the Consistent Excellence (CE) Paternity Legal Review Process in determining the information needed before moving forward with an default establishment order.

(2) In an action to establish parentage, when a third party is the custodial person, CSS staff serves the birth parent (BP).

(3) When the custodial person (CP) or BP fails to appear for the hearing after service of process and the noncustodial parent (NCP) wants to acknowledge parentage, then a default order would be proper.

2.When one of the parties to the case is in default, CSS staff confirms the military status of the defaulting party on the Servicemembers Civil Relief Act (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.

3.When a party provides CSS with a written request to reconsider a default order within 30-calendar days of the entry of the order, CSS staff:

(1) files the written request and sets the request for hearing; or

(2) provides the party with an appropriate CSS pro se self-help motion.

340:25-5-168. Establishment of medical support

Revised 9-16-199-15-20

(a) Scope and applicability.Oklahoma Department of Human Services (DHS) Child Support Services (CSS) refers to federal and state law for establishment of a medical support order, per:

(1) Section 666 of Title 42 of the United States Code (42 U.S.C. § 666) and 25 U.S.C. § 1603(12);

(2) Sections 302.33, 302.56, 303.7, 303.30, and 303.31 of Title 45 of the Code of Federal Regulations (45 C.F.R. §§ 302.33, 302.56, 303.7, 303.30 & 303.31); and 42 C.F.R. § 433.152;

(3) Section 6058A of Title 36 of the Oklahoma Statutes (36 O.S. § 6058A), and 43 O.S. §§ 112, 118-118I, 118.2 and 119, and 56 O.S. § 237.¢ 1

(b) Medical support provision of child support order.A child support order established by CSS must contain a medical support provision.¢ 2

(c) Calculating the cost of medical support.To calculate the actual premium cost of health insurance, CSS:

(1) deducts from the total insurance premium, the cost of coverage for the parent;

(2) deducts from the total insurance premium, the cost of coverage for any other adults in the household, when that cost information is available;

(3) divides the remainder by the number of dependent children covered; and

(4) multiplies the amount per child by the number of children in the child support case under consideration.¢ 3 & 4

(d) Standards for medical support provision.When choosing a medical support provision, CSS requests the court to apply the standards in (1) through (3) of this subsection.

(1) Health insurance must be reasonable in cost, meaning that the pro rata share ofthe actual out-of-pocket premium cost paid for the child(ren) by the insured does not exceed five percent of the gross income of the parent ordered to provide health insurance.¢ 3, 5, & 6

(2) Health insurance must be accessible, meaning the health care providers must be available to meet the child(ren)'s individual health care needs, and must be located no more than 60 miles one-way from the primary residence of the child(ren).¢ 5

(3) Health insurance must provide coverage for both routine and major medical expenses including, but not limited to:preventive care, office visits, hospitalization, and medication coverage in compliance with the Oklahoma Insurance Department, per Oklahoma Administrative Code (OAC) 365:10-5-3(14) and OAC 365:10-5-5(f).Limited Insurance Coverage, per OAC 365:10-5-5(k) does not satisfy this requirement.Annual deductibles must be reasonable and relate to the medical circumstances of the child(ren).¢ 5

(e) Exceptions to standards for medical support provision.When the parents agree or it is otherwise appropriate, CSS requests the court make an exception to the standards for health coverage when the:

(1) reasonable cost of health insurance exceeds five percent of the gross income of the parent ordered to provide health insurance; or

(2) closest insurance provider exceeds 60 miles one-way from the primary residence of the child(ren).

(f) Selection of health care coverage.CSS requests the court consider the cost, quality, and accessibility of health care coverage available to the parties when entering a medical support order.

(g) Health coverage preference.When health coverage meeting standards in (d) of this Section is available to both parents, CSS requests the court give priority to the preference of the custodial person (CP).

(h) Applicability of cash medical support.CSS requests a cash medical order by the obligor, when:

(1) the court determines an order for health insurance is inappropriate due to family violence concerns; or

(2) the only health care plan available for the child is a governmental medical assistance program or health plan, such as SoonerCare (Medicaid); or

(3) there is no health care plan available for the child(ren).

(i) Cash medical support.

(1) When cash medical support is applicable, CSS requests the court order cash medical support to be paid by the obligor, until the obligor enrolls the child(ren) in accessible insurance coverage and provides proof of enrollment to CSS and the CP.

(2) CSS refers to the Cash Medical Income Guidelines Table as found in the child support computation form prescribed by CSS and published by the Administrative Office of the Courts on the Oklahoma State Courts Network site, per 43 O.S. § 120 to determine the cash medical support amount.

(3) CSS computes a cash medical order by applying the Cash Medical Income Guidelines Table, using the gross income for the noncustodial (NCP) of the child in the case under consideration and the number of children in the instant case.

(A) When the NCP's gross income is at or below the income amount for the number of children in the case, CSS requests the court order a cash medical order at $0 per month.

(B) When the NCP's gross income exceeds the income amount for the number of children in the case, CSS computes the requested cash medical order by:

(i) multiplying the amount of $115, representing the average monthly cost of health care for an uninsured child(ren), by the number of children in the case not covered by insurance; and

(ii) prorating the result by the percentage of income for each parent.

(C) The NCP's share of the cash medical amount is added to the child support obligation.

(D) CSS does not request the court set cash medical support against a parent who has at least 182 overnights.

(4) Unless the parties agree or the court orders a greater amount, the prorated cash medical support amount must not exceed five percent of the gross income of the parent who is ordered to pay cash medical support.

(5) CSS seeks cash medical support only as part of a prospective order for child support.CSS does not include a cash medical support amount in a judgment for support for a prior period, per OAC 340:25-5-179.1.

(6) In a child support modification action, CSS requests a cash medical support order be effective the same date the modified child support amount is effective, unless the parties agree to a different date or the change in health coverage cost or availability occurred on a later date.

(7) In a multiple case action, when the monthly child support amount in the combination child support computation form exceeds 20 percent of the NCP's gross income, CSS may request a deviation to set cash medical support at $0 per month in the individual computation forms as applicable.

(j) Medical support for DHS adopted children.CSS does not request health insurance or cash medical support for children who are adopted through DHS Adoption Services.CSS requests a medical support order reflecting that the child(ren) receive SoonerCare (Medicaid) through the adoption plan.The parties may agree to cover the child(ren) on health insurance.

(k) Termination of cash medical support.

(1) When CSS receives notice the parent ordered to pay cash medical support enrolled the child(ren) in health insurance, CSS sends a Notice of Proposed Termination of Cash Medical Support to all parties in the case by regular mail.When a party believes the child(ren) is not covered by accessible health insurance, a party may request a review of the termination of cash medical support within 10-calendar days from the date of mailing of the notice.¢ 8

(2) When a party requests a review to contest the Notice of Proposed Termination of Cash Medical Support, CSS reviews the case within 10-calendar days of receipt of the request and determines if termination of cash medical support is proper based on information provided by the contesting party.CSS notifies the parties of the review decision.¢ 8

(3) When the parties disagree with the review decision, the parties have 15-calendar days from the date of mailing the review decision to request a hearing on the termination of cash medical support.

(4) CSS files a Notice of Termination of Cash Medical Support with the proper court when no party requests a:

(A) review within the 10-day time period; or

(B) hearing after CSS notifies them of the review decision.

(5) CSS does not proceed with a separate termination of cash medical support when the child support and medical support order is modified within 30-calendar days of notification that the child(ren) is enrolled in health insurance.

(6) When a cash medical support order is terminated within a modification action, CSS requests the termination become effective the date of filing of the Motion to Modify or the date, if later when the child was actually enrolled in the insurance.

(l) Reinstatement of cash medical support.

(1) CSS seeks reinstatement of the cash medical order when:

(A) a child support court order previously ordered the NCP to pay cash medical support until insurance was available;

(B) insurance became available;

(C) the cash medical support was terminated; and

(D) the insurance subsequently lapsed.¢ 9

(2) CSS uses one of the processes listed in (A) or (B) of this paragraph to seek reinstatement of the cash medical order:

(A) Modification.CSS seeks modification of the child support order and reinstatement of cash medical support, per OAC 340:25-5-198.1 and OAC 340:25-5-198.2 when:

(i) the child support order that provided for cash medical support was modified to include credit for insurance premium costs; or

(ii) there is another material change of circumstance in addition to the lapse of health coverage.

(B) Expedited Process.When (A) of this paragraph does not apply, CSS uses an expedited process to reinstate the cash medical support.CSS uses the expedited process when there is an address of record for the obligor.

(3) CSS initiates a reinstatement of cash medical support when it receives notice the parent whose cash medical support was terminated due to the enrollment of the child(ren) in health insurance has allowed the coverage to lapse.CSS sends a Notice of Proposed Reinstatement of Cash Medical Support to all parties in the case by regular mail.When a party believes the child(ren) is covered by health insurance, a party may request a review of the reinstatement within 10-calendar days of the date the notice was mailed.

(4) A party may file a written objection to the reinstatement of cash medical support and submit it to CSS with supporting health care coverage documentation.CSS reviews the case within 10-calendar days of receipt of the objection and determines if reinstatement of cash medical support is proper based on the information provided by the contesting party.CSS provides the CP and the NCP with written notice of the review decision.

(5) When the parties disagree with the review decision, they have 15-calendar days from the date of the review decision to request a hearing.

(6) CSS files a Notice of Reinstatement of Cash Medical Support with the proper court when no party requests a:

(A) review within the 10-calendar day time period; or

(B) hearing after CSS notifies them of the review decision.

(m) Fixed medical costs.When the parties agree or the court orders, CSS includes the total monthly fixed medical costs in the child support guidelines computation.When the obligor's share of fixed medical costs exceeds five percent of the obligor's gross income and the parties do not agree to exceed the five percent standard, CSS requests the court determine the monthly amount of fixed medical costs included in the current child support order.¢ 10

(n) Indian Health Services (IHS).

(1) A When achild support order that provides for the enrollment of a child(ren) in IHS may comply with does not meet the standards in (d) of this Section., CSS seeks an order for either or both parents to secure another type of health insurance care coverage besides IHS for the minor child(ren) when:

(A) IHS does not meet the standards in (d) of this Section; or

(B) health insurance is available through an employer or other group plan and the CP requests it.

(2) CSS does not request cash medical support when a child(ren) is receiving IHS is the chosen provider.

(o) Notification requirements.The NCP and the CP must notify CSS in writing within 30-calendar days after:

(1) health insurance becomes available;

(2) the cost of existing health insurance changes; or

(3) other provisions of existing health insurance change.

(p) Modification request.When a child support order exists, CSS considers a request to establish a medical support order as a request for modification of the order, per 43 O.S. § 118.1.CSS seeks a medical support order in a tribunal that has jurisdiction to modify the child support order.

INSTRUCTIONS TO STAFF 340:25-5-168

Revised 9-16-199-15-20

1.In cases referred to Child Support Services (CSS) by an Adult and Family Services (AFS) worker, CSS provides all appropriate Title IV-D services, unless the person requests medical enforcement only.CSS opens a full-service case when the AFS worker enters Y in the D8 block on the ED screen on the PS2 automated system.

2.When the parties state health coverage is available, but there is no proof that it is in effect at the time the order is entered, CSS seeks a temporary medical support order until proof of coverage is received.A final order may then be obtained.

3.CSS staff determines the out-of-pocket cost for health insurance by subtracting any amount paid by the employer through a benefit allowance from the premium amount paid by the insured.

4.(a) When the cost of the insurance premium for other adults in the household is included with the cost for the child(ren) and information is not available to determine a separate amount for the other adults, CSS staff uses this premium cost to determine the amount per child.

(b) For example, the total health insurance premium is $275.The portion of the premium for the parent carrying the insurance is $75.The portion of the premium for the other adults in the home is unknown and cannot be determined.The number of children covered is four.The number of children in the child support case is three.The cost of the insurance premium for each child in the child support case is $50 ($275 - $75 = $200 ¸ 4 = $50 x 3 = $150).

5.Examples of when health insurance does not meet the standards for health coverage include when the noncustodial parent has:

(1) gross income of $1,733 a month and has an employer-sponsored plan that would cost the parent $225 a month in out-of-pocket premium costs for three children in the case under consideration.CSS does not consider the contribution to the premium that might be made by another person or other entity.Since $225 is more than 10 percent of the $1,733, the cost of the insurance is not considered reasonable;

(2) available health coverage, but the nearest network provider is 60 miles one-way from the primary residence of the child(ren); and

(3) available health coverage that only meets the definition of a:

(A) Limited Benefit Health Insurance Coverage; or

(B) policy with an excessive deductible and co-payment amount.

6.When applying the reasonable cost standard, CSS staff uses the gross income of the parent at the time the order is established to determine whether the actual premium cost of available coverage for the child(ren)'s portion only exceeds five percent of the parent's gross income.

7.When a parent's spouse provides the health care coverage for the child, CSS attributes the prorated dependent premium in the child support computation to the parent whose spouse is providing the coverage.

8.(a) CSS staff terminates cash medical support:

(1) when a request for review is received.CSS staff uses the first day of the second month following the date of the Notice of Proposed Termination of Cash Medical Support as the termination date for the cash medical support.Example:When a Notice of Proposed Termination is issued on September 14, the termination date for the cash medical support is November 1; or

(2) at an earlier date when the parties agree health care coverage is in place and agree to an earlier date.

(b) When CSS staff denies a request for review of termination of cash medical support and no party requests an administrative review within 15-calendar days CSS staff:

(1) updates the child support case information on the Oklahoma Support Information System (OSIS) to remove the cash medical support amount in the current monthly child support obligation; and

(2) generates an amended Notice of Income Assignment to the employer that does not include the cash medical support amount.

(c) Examples of cases when termination of cash medical support is appropriate include when CSS staff receives notice that:

(1) a parent's employer has enrolled the child in health insurance;

(2) the child is enrolled in health insurance through a private insurance policy or group health insurance through another source, such as a third party custodian or parent's spouse of a parent; or

(3) the child is enrolled in alternative coverage, such as Indian Health Services (IHS) or Defense Eligibility Enrollment Reporting System (DEERS).

(d) Examples of cases in which termination of cash medical support is not appropriate include, when CSS staff has information that:

(1) a parent's employer has health insurance available, but staff has not received notice that the employer enrolled the child in health insurance; or

(2) the child may be eligible for IHS services or DEERS, but has not received notice that the child is enrolled in this alternative coverage.

9.(a) CSS staff uses the first day of the second month following the date of the Notice of Proposed Reinstatement of Cash Medical Support as the reinstatement date for the cash medical support.Example:The Notice of Proposed Reinstatement is printed on September 14.The reinstatement date for the cash medical support is November 1.

(b) When CSS staff denies a request for review of reinstatement of cash medical support and no party requests an administrative hearing within 15‑calendar days:

(1) CSS staff updates the child support case information on OSIS to add the cash medical support amount to the current monthly child support obligation; and

(2) generates an amended Income Withholding Order to the employer, including the cash medical support amount.

10.When there are multiple custodial persons (CP) and it is not clear which CP is incurring a fixed medical expense, CSS staff inquires of all CPs. After obtaining the information, CSS staff creates or updates the obligation(s) to ensure the fixed medical support portion of the current monthly support obligation is distributed to the CP incurring the fixed medical expense.When staff is unable to ascertain the correct CP, the fixed medical support follows the child, per Oklahoma Administrative Code 340:25-5-133, until otherwise ordered by the court.When CPs disagree as to whom the fixed medical support is owed, CSS staff requests a court determination.

340:25-5-176. Establishment of parentage

Revised 9-16-199-15-20

(a) Legal authorities. Oklahoma Department of Human Services Child Support Services (CSS) establishes parentage and provides genetic testing when appropriate based on the facts of the case, per:

(1) Sections 653, 654, and 666 of Title 42 of the United States Code (42 U.S.C. §§ 653, 654, & 666);

(2) Parts 302 and 303 of Title 45 of the Code of Federal Regulations; and

(3) Sections 83, 90.4, and 7700-101 through - 7700-902 of Title 10 of the Oklahoma Statutes (10 O.S. §§ 83, 90.4, and 7700-101 - 7700-902), 43 O.S. §§ 601-201, 601-401, & 601-701, 56 O.S. §§ 230.60, 231 - 240.23, and 63 O.S. §§ 1-311 and 1-321.¢ 1 through 7

(b) Legal parents. CSS applies the presumptions in 10 O.S. § 7700-204(A)(1) through (4) to an individual when the individual and the woman who gave birth to the child are married. CSS applies the presumption in 10 O.S. § 7700-204(A)(5) to an individual regardless of gender.CSS requests the court confirm parentage in cases where the individual is a presumed parent.¢8

(c) Acknowledgment of Paternity.Form 03PA209E, Acknowledgment of Paternity, can only be completed by the biological mother and biological father of the child, per 10 O.S. § 7700-301.CSS provides Form 03PA209E, Acknowledgment of Paternity, for voluntary acknowledgment of paternity, per 10 O.S. § 7700-312 and 63 O.S. §§ 1-311 & and 1-311.3.CSS also provides companion forms that include instructions for completion, described (1) through (4) of this subsection.Signed and witnessed forms must be filed with the Oklahoma State Department of Health (OSDH), Division of Vital Records.

(1) When parents of an adult child, 18 years of age or and older, complete Form 03PA209E, the adult child must give consent to add the natural father's name to the birth certificate.The child indicates consent by signing Form 03PA212E, Adult Child's (18 Years or Older) Consent.

(2) Form 03PA210E, Denial of Parentage, must accompany Form 03PA209E if when the mother of a child is married to someone other than the natural father and the child is born within 300-calendar days after the marriage is terminated, per 10 O.S. § 7700-204.¢9

(3) Per 10 O.S. §§ 7700-307 & 7700-312, CSS provides Form 03PA211E, Rescission of Acknowledgment of Paternity, to rescind the legal finding of parentage created by having previously signed Form 03PA209E, per 10 O.S. §§ 7700-307 and 7700-312.This form must be completed, signed, and filed with the OSDH Division of Vital Records within 60-calendar days after the date of the last signature on Form 03PA209E.

(A) When a person submits Form 03PA211E within 60-calendar days after the date of the last signature on Form 03PA209E, CSS sends notice of the rescission to all other signatories on Forms 03PA209E and 03PA210E.Notice is given by mailing a copy of the rescission to the address of the signatories as shown on Forms 03PA209E and 03PA210E and to the last-known address of the signatories, if different.

(B) When rescissions are submitted to CSS past the 60-calendar day time period, CSS sends a letter to the person who submitted Form 03PA211E informing the person him or her that the rescission is invalid because it was not timely submitted.

(4) Per 10 O.S. §§ 7700-307 & 7700-312, CSS provides Form 03PA213E, Rescission of Denial of Parentage, to rescind the legal finding of parentage created by having previously signed Form 03PA210E, per 10 O.S. §§ 7700-307 and 7700-312.Form 03PA213E must be completed, signed, and filed with the OSDH Division of Vital Records within 60-calendar days after the date of the last signature on Forms 03PA209E and 03PA210E.¢ 9

(A) When a person submits Form 03PA213E to CSS within 60-calendar days after the date of the last signatures on Forms 03PA209E and 03PA210E, CSS sends notice to all other signatories of Forms 03PA209E and 03PA210E.Notice is given by mailing a copy of Form 03PA213E, to the address of the signatories as shown on Forms 03PA209E and 03PA210E and to the last known addresses of the signatories, if different.

(B) When Form 03PA213Eis submitted to CSS past the 60-calendar day time period, CSS sends a letter to the person who submitted Form 03PA213E informing the person him or her that the rescission of denial of parentageis invalid because it was not timely submitted.

(d) Servicemembers.When CSS establishes parentageand either parent is a servicemember, CSS applies the provisions of the Servicemembers Civil Relief Act, codified in 50 U.S.C. §§ 3901 through 4043.¢10

(e) Genetic testing of relatives.When CSS has the cooperation of a deceased alleged biologicalfather's relatives, CSS establishes parentageof the child(ren) through genetic testing of the relatives as necessary according to the standards and provisions of the Uniform Parentage Act, 10 O. S. §§ 7700-501-7700-511.¢6 & 11

(f) Supplemental Security Income (SSI).CSS establishes parentage against a parent who is disabled and receiving monthly SSI before reviewing the case for possible closure, per Oklahoma Administrative Code (OAC) 340:25-5-123.

(g) Defaults.

(1) CSS pursues all alleged biological fathers before requesting the court enter a default parentageorder.¢12

(A)CSS requests a default order when genetic testing shows one alleged father is the biological father or all other alleged fathers have been are excluded by genetic testing.CSS uses other legal processes to compel genetic testing, such as license revocation or contempt of court proceedings. ¢12 & 13

(B) CSS requests the court determine parentage when unable to obtain genetic testing on two or more alleged biologicalfathers.

(2) CSS does not request a default parentage order when the alleged biological father is the case applicant and the CP objects to the alleged biologicalfather being found the father without genetic testing.When a default parentage order is entered and either party contacts CSS in writing within 30-calendar days of entry of the default order, CSS treats the request as a motion to rehear, vacate, or modify, per 12 O.S. § 1031.1.CSS takes necessary steps to bring the action before the court for resolution.¢14

(3) When requesting a default parentage order CSS follows OAC 340:25-5-134.

(h) Genetic testing costs. Costs incurred in parentage establishment cases are paid per (1) through (4) of this subsection. ¢15

(1) CSS advances the costs for genetic testing and recovers the genetic test costs from the noncustodial parent or as ordered by the court.

(2) When CSS genetic test results are contested, CSS requests payment in advance of a second genetic test by the requesting party.

(3) When a court orders CSS to provide genetic testing and CSS does not have a case open for services, CSS requires a party to complete an application for services.

(4) In interstate cases, CSS follows OAC 340:25-5-270.

(i) Genetic testing services.

(1) When parentage has is not been established, CSS performs genetic testing when appropriate before establishing parentage and child support orders.CSS only performs genetic testing in open, full-service cases.

(2) The case applicant may apply for case closure, per OAC 340:25-5-123 after parentage and child support are established.

(3) CSS does not provide genetic testing only services.

INSTRUCTIONS TO STAFF 340:25-5-176

Revised 9-16-199-15-20

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

2.When an alleged parent is the custodial person (CP) and parentage was not legally established, CSS establishes parentage within the action to establish a child support obligation against the noncustodial parent (NCP).

3.(a) The P04, Parentage Questionnaire, is an essential step in CSS establishment actions. This includes actions involving Acknowledgments of Paternity, married and separated parents, or any other establishment action.CSS staff proceeds with a parentage action when the case file includes a completed and signed P04 for each child.When CSS is unable to obtain a P04 completed and signed by the person who gave birth to the child, staff consults the CSS state's attorneys to determine how to proceed.The state's attorney may determine the P04 is not necessary to proceed, depending on the circumstances of the case.Possible actions include, but are not limited to:

(1) initiating noncooperation processes, per Oklahoma Administrative Code (OAC) 340:25-5-114;

(2) applying for a citation for contempt in district court for failure to comply with an order compelling the mother to furnish the information, per 75 O.S. § 315;

(3) sending discovery requests to any person who may have the required information as provided by the Oklahoma Discovery Code, 12 O.S. § 3224 et seq.; or

(4) proceeding with a Notice of Paternity and Support Obligation (NOPSO) based on the information available at the time.If the mother fails to appear for court on the NOPSO after being properly served, per 12 O.S. § 2004, CSS may request a default order.

(b) CSS staff includes Form 03PA208E, Paternity Petition Cover Sheet, on every paternity action, as it explains the paternity action and the legal consequences when the alleged biological father does not respond in writing or appear at the hearing.

4.When an alleged parent is incarcerated, CSS serves the alleged parent with the parentage pleadings, and may also send a copy of the pleadings, a waiver of service, and when appropriate a genetic test order by regular mail.CSS staff schedules genetic testing for an incarcerated, alleged father unless the father acknowledges parentage in writing or through court testimony.

5.When a party presents a genetic test result from an outside lab, CSS staff requests the state's attorney review the results prior to proceeding further.When the genetic test results are from a lab accredited, per 10 O.S. § 7700-503, the results are admissible, per 10 O.S. § 7700-621, and the state's attorney accepts the genetic test results, CSS agrees to offer the genetic test results to the court as evidence of paternity.When the state's attorney questions the validity of the test, CSS requests a genetic test from the CSS contracted lab.

6.(a) When genetic testing is appropriate in more than one case, CSS may request the genetic testing lab use a genetic test sample previously drawn for another case when:

(1) CSS verifies the genetic test results are available;

(2) there are no outstanding issues in the case where the specimen was collected that require the specimen to be retained or retested; and

(3) the donor of the genetic sample provides written permission to reuse the specimen.

(b) When the donor is deceased, fails to appear, or does not give permission to reuse the specimen, the CSS state's attorney may request a court order allowing the use of the previous genetic test specimen, per 10 O.S. §§ 7700-508(A)(5) and 509.

7.CSS may file an action to determine parentage when a person claiming to be a non-biological parent requests assistance to adjudicate his or her parentage of a child born during a same-sex relationship.

8.When a non-public assistance application, or an Adult and Family Services Temporary Assistance for Needy Families (TANF), or non-TANF SoonerCare (Medicaid) referral indicates the parents were common-law married, CSS staff does not consider this as establishing a presumption of paternity in the common-law husband, per 10 O.S. § 7700-204.Instead, CSS staff works this fact pattern as a paternity case and files a Notice of Paternity and Support Obligation court action.

9.CSS staff redacts all Social Security numbers when Forms 03PA209E, Acknowledgment of Paternity; 03PA210E, Denial of Paternity; 03PA211E, Rescission of Acknowledgment of Paternity; or 03PA213E, Rescission of Denial of Paternity, are used as an exhibit to a court action.

10.(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 the SCRA;

(2) appearance in court actions;

(3) stays of court; and

(4) default orders.

(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 in accordance with Sections 3901 through 4043 of Title 50 of the United States Code.

11.When a relative does not volunteer to participate in the genetic testing, CSS does not file a forced probate court action to establish paternity against a deceased, alleged, biological father.

12.When there are multiple, alleged, biological fathers, CSS staff initiates cases on all alleged biological fathers and updates cases, per OAC 340:25-5-117 Instructions to Staff 3.

13.CSS staff does not request a default order be entered against an alleged biological father until all other alleged biological fathers have been are excluded by genetic testing and CSS has attempted all legal processes to compel genetic testing.

14.(a) When a party contacts CSS within 30-calendar days to request reconsideration of a default paternity order, CSS staff notifies the party that he or she must make the request in writing within 30-calendar days of the entry of the default order.CSS staff provides the party with an appropriate CSS pro se self-help motion.

(b) After one party files a written request, CSS sets the case for hearing and notifies the parties by mail under Rule 2 of the Rules for District Courts.The CSS state's attorneys prepare a genetic test order and request the court reserve the motion to vacate pending the outcome of genetic testing.After testing is complete, CSS requests the court either:

(1) dismiss or deny the motion to vacate and leave the default order in effect;

(2) enter a new order replacing the default order; or

(3) vacate the default order by agreement and dismiss the paternity case when the NCP is excluded as the biological father.

15.CSS seeks reimbursement for genetic testing costs from the man identified as the child’s father, per 10 O.S. § 7700-506, even when the father is the CP.

340:25-5-178. Calculation of new and modified child support obligations

Revised 9-16-199-15-20

(a) Legal authority.Oklahoma Department of Human Services (DHS) Child Support Services (CSS) establishes current child support, per:

(1) Sections 654, 656, and 666 of Title 42 of the United States Code (42 U.S.C. §§ 654, 656, and 666);

(2) Parts 302 and 303 of Title 45 of the Code of Federal Regulations; and

(3) Section 83 of Title 10 of the Oklahoma Statutes (10 O.S. § 83); Title 43; and 56 O.S. §§ 231 through 240.23.

(b) Child support guidelines.CSS uses the child support guidelines in 43 O.S. §§ 118-118I and 119 to:

(1) establish the amount of current support; and

(2) prepare a child support computation form prescribed by CSS and published by the Administrative Office of the Courts on the Oklahoma State Courts Network website, per 43 O.S. § 120.¢ 1 through 6

(c) Child support computation.Per 43 O.S. §§ 118-118I, CSS uses the best evidence available to determine a parent's monthly gross income for the child support computation form, including written earning records, past job history, and earning ability based on education and training, with a continued emphasis on setting fair and equitable child support orders, per 43 O.S. §§ 118-118I.When requesting the court enter or modify child support orders in a noncustodial parent's (NCP) multiple cases, CSS may request the court deviate from the child support guidelines amounts, per 43 O.S. § 118H.¢ 7 & 8

(d) Gross income.When determining gross income for the child support computation, CSS uses (1) through (4) of this subsection, per 43 O.S. § 118B.

(1) Written earning record.For time periods when a parent has a written earning record, CSS uses the:

(A) actual monthly gross income; or

(B) average of the gross monthly income for the time actually employed during the previous three years.

(2) Ability to work and no written earning record.For time periods when a parent has an earning ability, but no written earning records, CSS imputes the most equitable of the:

(A) minimum wage paid for a 40-hour work week; or

(B) amount of gross income a person with comparable education, training, and experience could reasonably expect to earn.

(3) Combination.For time periods when a parent has a written earning record for some months, but no written earning record for other months, for the months worked CSS uses the actual income and for the months with no written earning record CSS uses the most equitable of either:

(A) the actual gross income; or

(B) an imputed amount of either:

(i) minimum wage paid for a 40-hour work week; or

(ii) the amount of gross income per person with comparable education, training, and experience could reasonably expect to earn.

(4) Reduced earning ability.CSS uses actual income when a parent has reduced earning ability due to the parent's limited education, physical or mental disability, incarceration, or other obstacle to employment, and there is evidence the parent has income of less than minimum wage for 40 hours per week.¢ 8

(e) Child care.To establish the amount of current support, CSS considers "actual" child care expenses to be the amount paid to the child care provider by the parent(s) or custodial person (CP) except when (f) of this Section applies.CSS determines the amount of prospective annual child care costs and allocates this amount between the parents in the same proportion as their adjusted gross income.The amount allocated to the NCP becomes part of the fixed monthly child support obligation.

(f) Child care subsidy.When the parent(s) or CP is participating in the DHS Child Care Subsidy Program, per 56 O.S. § 230.50, CSS uses DHS Appendix C-4, Child Care Eligibility/Co-payment Chart, to determine the family share co-payment amount considered as actual child care costs on the child support computation form, per 43 O.S. § 118G.

(1) CSS considers a parent's share of the base monthly obligation for child support and the monthly income amount reflected in the records of the DHS Child Care Subsidy Program as the monthly income when applying Appendix C-4.Upon selecting the applicable income level on Appendix C-4, CSS uses the corresponding family share co-payment amount based on the number of children in DHS subsidized child care.CSS allocates the family share co-payment amount indicated on Appendix C-4, in the same proportion as base child support.CSS staff performs a separate child support guidelines calculation for each NCP.¢ 9

(2) When a parent has a child(ren) in DHS subsidized child care other than a child(ren) included in the child support case being established, CSS uses the proportionate share of the family share co-payment for the child(ren) included in the case.

(g) Juvenile Court cases.

(1) Deprived cases.When a case is referred, CSS establishes child support orders in deprived court actions, per 10A O.S. § 1-4-702 and prepares the child support order on the standard child support order form prescribed by CSS and published by the Administrative Office of the Courts on the Oklahoma State Courts Network website.¢ 10 & 11

(2) Delinquent cases.When a case is referred, CSS establishes a child support order against each parent of a child in the custody of the Oklahoma Office of Juvenile Affairs, per 43 O.S. §§ 118 through 118I.¢ 11

(h) Intergovernmental majority age.CSS establishes child support orders for a child(ren) for whom child support is imposable under applicable law.¢ 12

(i) Minor parents.When a parent is a minor, CSS establishes paternity, per Oklahoma Administrative Code 340:25-5-176 when necessary and establishes a child support order.¢ 13

(1) When a minor NCP or a CP is under younger than 16 years of age, CSS does not impute gross income for the minor parent in the child support computation and only uses actual income.

(2) When a minor NCP or CP is between 16 and 18 years of age and regularly and continuously attending high school, unless otherwise inappropriate, CSS uses either the imputed gross income for the minor parent(s) based on minimum wage at 20 hours per week or actual income.

(i) Minor parents.When the NCP is a minor, CSS establishes paternity, per Oklahoma Administrative Code 340:25-5-176 when necessary and establishes a child support order.When a minor NCP or a CP is under younger than 16 years of age, CSS does not impute gross income for the minor parent in the child support computation and only uses actual income.When a minor NCP or CP is between 16 and 18 years of age and regularly and continuously attending high school, unless otherwise inappropriate, CSS uses either the imputed gross income for the minor parent(s) based on minimum wage at 20 hours per week or actual income.

(j) Adult disabled child.CSS enforces child support orders for adults with disabilities, per 43 O.S. § 112.1A.CSS establishes or modifies child support orders to continue after the child reaches the age of majority, per 43 O.S. § 112.1A when the application or referral for Title IV-D services is received during the period when child support is due, per 43 O.S. § 112.

(k) Incarcerated NCP.When an NCP is expected to be incarcerated for at least six- consecutive months from the date the support amount is reviewed or established, CSS requests the court enter a temporary child support and medical support amount using actual income of $0, unless there is evidence of income or assets outside of the correctional institution.At the time the order is entered, when there is:

(1) a pre-incarceration child support order, CSS requests the order state that upon release from incarceration, the monthly child support obligation reverts back to the pre-incarceration order amount beginning the first day of the month following a lapse of 90-calendar days upon release from incarceration.When the NCP within the lapse period, requests in writing a review of the pre-incarceration order, the post incarceration monthly child support obligation does not begin until the review or modification is complete.When a review is requested and the NCP fails to appear for hearing, the monthly child support obligation reverts back to the pre-incarceration amount to begin the first day of the month following a lapse of 90-calendar days upon release from incarceration; or

(2) no pre-incarceration child support order, CSS requests the court order state; upon release from incarceration, the monthly child support amount is set based on minimum wage for a 40-hour work week beginning the first day of the month following a lapse of 90-calendar days upon release from incarceration.When the NCP within the lapse period requests in writing a hearing, the post incarceration monthly child support amount does not begin until the review or modification is complete.When a hearing is requested and the NCP fails to appear for the hearing, the monthly child support obligation reverts back to the support amount set based on minimum wage for a 40-hour work week, to begin 90-calendar days upon release from incarceration.¢ 8

(l) Military.When CSS establishes a child support order for a child of an NCP or a CP who is a servicemember, CSS applies the provisions of the Servicemembers Civil Relief Act, codified in 50 U.S.C. §§ 3901 through 4043.¢ 14

(m) Disability benefits.CSS does not impute gross income to a person determined disabled by the Social Security Administration.¢ 3 & 5

(n) Default orders.When a default order for child support is ordered and either party contacts CSS in writing within 30-calendar days of entry of the default order and provides information to calculate an accurate child support obligation, CSS treats the request as a motion to vacate or modify, and requests the court enter a new order consistent with the evidence presented.¢ 15 & 16

INSTRUCTIONS TO STAFF 340:25-5-178

Revised 9-16-199-15-20

1.Oklahoma Department of Human Services Child Support Services (CSS) staff must calculate, per Sections 118 through 118I of Title 43 of the Oklahoma Statutes (43 O.S. §§ 118 through 118I) on the child support computation form, each parent's contribution toward:

(1) the base child support according to the combined adjusted gross income of both parents following the child support guidelines schedule, per 43 O.S. § 119;

(2) any actual medical and dental insurance premium; and

(3) any actual employment related child care expenses,per 43 O.S. § 118G and Oklahoma Administrative Code 340:25-5-178.

2.When the child(ren) is receiving monthly Social Security (SS) benefits from the noncustodial parent's (NCP) claim, either disability or retirement, the benefit is offset from current child support, per 43 O.S. § 118B(G), and the remainder is offset against any cash medical support.

3.(a) When a parent or minor child is disabled and receiving monthly Supplemental Security Income (SSI), CSS excludes SSI from either parent's gross income, per 43 O.S. § 118B(G)(1).

(b) When a parent's Social Security Disability Insurance (SSD) benefit amount or a combination of SSD and SSI benefits does not exceed the maximum monthly SSI benefit amount, CSS staff uses only the SSD amount as income and requests the court deviate from the guidelines to set the current child support at $0.In support of the deviation, CSS state's attorneys advocate the guidelines amount is unjust or inappropriate under the circumstances, because it treats a similarly situated parent who receives only SSI benefits differently from a parent receiving a combination of benefits that equals the SSI amount.

(1) An example of the unjust guideline amount is:

(A) a parent with some work history receives a total of $710 in monthly Social Security benefits.This includes $350 SSD and $360 SSI benefits.Under the guidelines, child support would be calculated based on the monthly $350 SSD benefit.The parent would be ordered to pay child support because the child would not be receiving an SSD benefit at this level of payment; or

(B) a similarly disabled parent without work history would receive the full $710 as SSI benefits and not be ordered to pay any child support.Therefore, CSS state's attorneys request the court to deviate from the guideline computation, per 43 O.S. § 118H due to the guideline amount being unjust and inappropriate under these circumstances.

(2) The maximum monthly SSI benefit amount is found at the SSI Federal Payment Amounts webpage at: http://www.ssa.gov/oact/cola/SSIamts.html.

4.(a) When CSS staff verifies an NCP is receiving disability through the Veterans Administration (VA) and the custodial person (CP) is receiving an apportionment of the benefits on behalf of a minor child, CSS requests the court:

(1) consider the apportionment as alternative compliance with the child support order; and

(2) calculate child support in the same manner as when SSD benefits are received on behalf of a minor child, per 43 O.S. § 118B(G).

(b) CSS staff requests the court include the apportionment as part of the NCP's income.

(c) When the child support amount is:

(1) greater than the apportionment, CSS requests the court find the apportionment partially satisfied the child support obligation and the NCP pay only the amount in excess of the apportionment; or

(2) equal to or less than the apportionment, CSS requests the court find the child support obligation is met and no additional child support amount must be paid by the NCP.

(d) When the court grants the CSS request, CSS staff memorializes the court's order regarding the offset of the current child support amount by the apportionment.For example, CSS staff includes the following language in the child support order.When the child support amount is:

(1) greater than the apportionment:"The court finds the obligor is satisfying the child support obligation by the apportionment of VA benefits in the amount of $x.xx.Therefore, the obligor is ordered to pay the remaining amount of $x.xx.If at any time the apportionment is not in effect, the obligor is responsible for payment of the full current child support as shown on the guidelines computation attached."; or

(2) is equal to or less than the apportionment:"The court finds the obligor is satisfying the child support obligation by the apportionment of VA benefits in the amount of $x.xx.Therefore, the court finds the child support obligation is met in full and no further payment by the obligor is required.If at any time the apportionment is not in effect, the obligor is responsible for payment of the full current child support as shown on the guidelines computation attached."

5.CSS staff consults with the district office CSS state's attorneys for a legal interpretation when the amount of the monthly child support obligation in the body of an order conflicts with the amount in the child support computation form.

6.CSS staff computes the child support obligation on the basis of actual monthly gross income for an NCP or a CP who is permanently physically or mentally incapacitated, per 43 O.S. § 118B(C)(2).The documentation required to determine if an NCP or a CP is permanently physically or mentally incapacitated includes a Social Security Administration award letter or a physician's statement affirming the:

(1) person is unable to do the work they did before and cannot adjust to other work because of a medical condition; and

(2) disability must continue or be expected to continue for at least one year or to result in death.

7.CSS staff accesses the Guidelines screen (GLS) on the CSS automated Oklahoma Support Information System.CSS staff may also use Form 03EN025E, Child Support Computation, and its child support guidelines computation form completion instructions, available on the Oklahoma Department of Human Services (DHS) website athttp://www.okdhs.org.

8.(a) CSS staff reviews information provided by the parents to determine if a parent's earning records or other evidence of income is in accordance with the parent's prior job history.CSS staff consults with the district office CSS state's attorneys if the information provided by the parent differs significantly from the parent's known job history or earning ability.

(b) CSS applies the following hierarchy, subject to other evidence of a parent's job history or earning ability when requesting the court to determine a parent's monthly gross income.

(1) Written earning record.

(A) When a parent has a written earning record, CSS uses the:

(i) actual monthly gross income; or

(ii) average of the gross monthly income for the time actually employed during the previous three years.

(B) When a parent has a written earning record from an employer, such as a paystub or employer verification of hourly wages, CSS uses that written earning record as the parent's income in the child support computation form.

(C) When a parent has evidence of employment for the last three years but the parent's wages are inconsistent, CSS uses the average of the last three years income.

(D) When the biological parent (BP) is receiving family assistance benefits, CSS staff uses actual income in the child support computation when that information is available.Otherwise CSS staff imputes an amount based on the parent's work history, education, training, and availability to work.When these options are unavailable, staff imputes minimum wage for up to a 40-hour work week.

(2) Ability to work and no written earning record.For time periods when a parent has an earning ability, but no written earning records, CSS uses the most equitable of the minimum wage paid for a 40-hour work week or an amount of gross income a person with comparable education, training, and experience could reasonably expect to earn using either Oklahoma Wage Report from the Oklahoma Employment Security Commission's website, available at https://www.ok.gov/oesc_web/index.html, or Oklahoma State Occupational Employment and Wage Estimates from the United States Department of Labor website, available at https://www.bls.gov/home.htm.For example, when:

(A) the parent is purposefully underemployed, CSS uses at least minimum wage in the child support computation forms; or

(B) there is information indicating a parent is a plumber and CSS has no evidence of income, CSS may use the median hourly wage for a plumber in the child support computation form.

(3) Combination.

(A) When a parent has a written earning record for some months, but no written earning record for other months, CSS may apply both (2) and (3) of this subsection.

(B) For example, a parent may have a written earning record showing earnings of $6,000 in a quarter and no written earning record for the other quarters of the year.Staff inquires about the parent's earning ability for those quarters without a written earning record, and may impute income for those quarters or use actual wages, according to the evidence.

(4) Reduced earning ability.

(A) CSS uses actual income when a parent has reduced earning ability due to the parent's limited education, physical or mental disability, incarceration, or other obstacle to employment, and there is evidence the parent has income of less than minimum wage for 40 hours per week.For example when:

(i) a parent works 10 hours a week at $8 an hour, CSS uses actual income of $347.66 per month in the child support computation form;

(ii) an incarcerated parent has no assets or income, CSS uses actual income of $0 per month in the child support computation form; or

(iii) a parent has documentation of a disability that prevents him or her from working at least 40 hours a week and is not receiving any disability benefits, CSS uses actual income, even when it is $0 per month, in the child support computation form.

(B) When a parent is incarcerated, CSS staff registers on VINE Link at www.vinelink.com for notice of the imminent release or transfer of an incarcerated NCP.When registering, staff provides the anonymous district office email address as a method of contact.

(c) When establishing or modifying a child support order, CSS considers the Compliance Predictor Tool available on the Infonet.As part of the Healthy Families Initiative, the Compliance Predictor Tool is designed to encourage staff to request the court enter realistic child support orders.A realistic child support order is 20 percent or less of an NCP's gross monthly income.

9.When a parent is participating in the DHS Child Care Subsidy Program, CSS staff completes the child care subsidy section of the child support guidelines computation form.

10.(a) CSS staff requests the court establish child support orders for each parent in a deprived court action.

(b) When the parent has lost custody of more than one child and one or more of these children has a different mother or father, CSS staff requests the court deviate from the child support guidelines and set a child support order for the parent who lost custody per (c) of this Instruction.

(c) To determine the former CP's gross monthly income (Line 1 of the child support computation form), CSS staff follows 43 O.S. §§ 118 through 118I.

(1) CSS staff calculates the child support obligation by using the former CP's gross monthly income and the average gross income amount of the other parent's in Line 1 of the child support computation form.

(2) To determine the amount to use in Line 1 for the other parent's income, CSS staff averages all of the other parents' gross incomes and divide the total by the number of the other parents.

(d) For example, a mother has three children with three different fathers.The mother's gross monthly income is $1,000 per month.Father # 1 earns $1,500 per month, father # 2 earns $1,800 per month, and father # 3 is imputed at minimum wage, or $893 per month.CSS staff totals the fathers' income ($1,500 + $1,800 + $893) to obtain a total of $4,193.This amount is divided by three to obtain an average of $1,397.66.CSS staff calculates the total child support obligation using $1,000 for the mother and $1,397.66 for the father.The mother's child support obligation would be $299.04 for three children, $254.41 for two children, and $176 for one child.If there is a prior order against this former CP, a new child support order supersedes that order.

11.CSS staff requests the court order support against each parent according to the parent's proportional share.When the parents of a child in the state's custody live together as an intact family and the total child support amount per the guidelines is equal to or exceeds 20 percent of the family's gross income, CSS staff requests a deviation when a child support amount set per the guidelines would cause extreme economic hardship.

12.The age of majority varies by state.CSS staff may use the federal Office of Child Support Enforcement (OCSE) Intergovernmental Reference Guide (IRG), available at https://ocsp.acf.hhs.gov/irg/welcome.html, to obtain information about referrals to other states for establishment of support orders.

13.(a) CSS requests an adult guardian or next friend of the minor parent accompany the minor parent to any office visit, settlement conference, or court hearing.

(b) When the minor parent is not accompanied by an adult, CSS staff consults with the CSS state's attorney about how to proceed.

(1) When a minor parent is under younger than 16 years of age, CSS requests the case be transferred to district court and requests the court appoint an attorney for the child.

(2) When a minor parent is between 16 and 18 years of age, CSS requests the court enter an order without the presence of an adult after an evidentiary hearing about the minor parent’s capacity to understand the consequences of the court proceedings.

14.(a) CSS staff follows the Guide to the Servicemembers Civil Relief Act (SCRA), available from the CSS InfoNet for procedures regarding:

(1) waivers of rights and protection under SCRA;

(2) appearance in court actions;

(3) stays of court; and

(4) default orders.

(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 in accordance with Sections 3901 through 4043 of Title 50 of the United States Code.

15.When a party provides CSS with a written request to reconsider a default order within 30-calendar days of the entry of the order, CSS staff:

(1) files the written request and sets the request for hearing; or

(2) provides the party with an appropriate CSS pro se self-help motion.

16.After one party files a written request, CSS sets the case for hearing and notifies the parties by mail, per Rule 2 of the Rules for District Courts.After considering the income information provided, CSS requests the court:

(1) dismiss or deny the motion to vacate and leave the default order in effect; or

(2) enter a new order replacing the default order.

340:25-5-179.1. Establishment of support for a prior period

Revised 9-16-199-15-20

(a) Oklahoma Department of Human Services Child Support Services (CSS) establishes support for a prior period.

(1) In parentage and establishment cases, CSS establishes current support and support for a prior period at the same time, per Sections 83 and 7700-636 of Title 10 (10 O.S. §§ 83 and 7700-636), 43 O.S. §§ 118-118I and 119, and 56 O.S. § 238.1 238.6B.¢ 1 & 2

(2) When a child(ren) is born during a marriage and no order addressing support for a prior period exists, CSS establishes support for a prior period per 43 O.S. §§ 118‑118I and 119 and 56 O.S. § 238.1.¢ 1

(A) CSS establishes support for a prior period under this subsection only when:

(i) current child support is sought; and

(ii) Temporary Assistance for Needy Families (TANF) or Title IV-E and non-Title IV-E eligible foster care has been expended in any month during the past two years.

(B) CSS limits this prior period to the number of months on TANF or Title IV-E and non-Title IV-E eligible foster care during the two years immediately before the date CSS files the court action.

(b) When a child support order is entered against a minor noncustodial parent (NCP), CSS establishes support for a prior period under the criteria for establishing current child support, per Oklahoma Administrative Code (OAC) 340:25-5-178.

(c) CSS does not establish an order for support for a prior period on an incarcerated NCP. CSS requests the court:¢ 3

(1) reserve and When establishing an order on an incarcerated NCP, CSS requests the court not determine address the amount of child support for any periods prior to the entry of the court order during which the NCP was not incarcerated; and

(2) set the amount of support for a prior period at $0 for any time periods during which the NCP was incarcerated.The issue of support for a prior period may be determined after release from incarceration by application of any party.

(3) Upon release from incarceration, when the issue of support for a prior period is before the court, CSS requests the court set the amount based on actual income for any time periods during which the NCP was incarcerated.¢ 4

(d) When CSS establishes an order for support for a prior period for a child of an NCP or a custodial person who is a servicemember, CSS applies the provisions of the Servicemembers Civil Relief Act, codified in Sections 501 3901 through 596 4043 of Title 50A 50 of the United States Code.¢ 45

(e) When the NCP is a current TANF or Supplemental Security Income (SSI) recipient and CSS:

(1) has information that the NCP had no obligation based on the child support guidelines for the prior period, CSS requests the court set the judgment at $0; or

(2) determines a debt may be owed for a prior period, CSS requests the court reserve the issue of support for a prior period until the NCP is no longer receiving TANF or SSI.

(f) CSS sets a monthly payment schedule per OAC 340:25-5-140.

INSTRUCTIONS TO STAFF 340:25-5-179.1

Revised 9-16-199-16-19

1.In all cases, Oklahoma Department of Human Services Child Support Service (CSS) staff requests the court set a periodic payment plan to collect support for a prior period.

2.When a custodial person (CP) fails to appear in an establishment action, CSS reserves any judgment owed to the CP for support for a prior period.CSS staff requests a judgment for any time periods assigned to the state.

3.CSS staff does not build a judgment in the CSS computer system when the court has reserved support for a prior period for a time period when the noncustodial parent (NCP) was not incarcerated.When support for a prior period is not determined, CSS staff does not build balances in the CSS computer system since no determination was made regarding the amounts due. CSS staff does not remove balances from the CSS computer system when modifying an existing order for an incarcerated NCP with a judgment or arrears balance.

4.CSS staffs follow Oklahoma Administrative Code 340:25-5-178(k) when establishing or modifyinga child support order for an incarcerated NCP.

45.(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 per SCRA;

(2) appearance in court actions;

(3) stays of court; and

(4) default orders.

(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 in accordance with Sections 3901 through 4043 of Title 50 of the United States Code.

340:25-5-270. Intergovernmental cases

Revised 9-15-169-15-20

(a) Legal basis.When referring and processing intergovernmental Title IV-D cases, the Oklahoma Department of 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 in which the hearing is held or 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 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 physical address of the party 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, and on the General Testimony, when applicable;

(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.¢ 4

(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 telephonic testimony 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.¢ 5

(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.¢ 6

(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 in which the custodial person 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, custodial person, or any child lives in Oklahoma; and

(iii) CSS or another Title IV-D agency makes the request.¢ 7

(B) CSS issues a notice to redirect payments to the Title IV-D agency in the state of residence of the custodial person when:

(i) a child support or income assignment order was issued;

(ii) neither the noncustodial parent, custodial person, or any child lives in the issuing state; and

(iii) Oklahoma provides child support services.¢ 7

(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 noncustodial parent or custodial person does not reside in Oklahoma.Request for limited services not listed in 45 C.F.R. § 303.7 must be approved by the CSS director or appointed designee.¢ 8

(h)Determination of arrears.When Oklahoma has personal and subject matter jurisdiction and can obtain service of process on the noncustodial parent, 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 determination of duration of support 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 duration of support even after the order is modified by another state.

(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.

INSTRUCTIONS TO STAFF 340:25-5-270

Revised 9-15-169-15-20

1.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 federal 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 for completion of interstate child support forms.

3.Communication.

(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.

4.43 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.

5.CSS staff attempts to coordinate with the Title IV-D agency in the initiating or responding state if any, in arranging telephonic testimony 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 date of a hearing, when unable to appear in person.

6.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 at http://www.acf.hhs.gov/programs/cse/pol/DCL/2003/dcl-03-27.htm.

(1) When there are multiple orders for support, 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 if no 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.

7.CSS may seek an order to redirect payments from either district court or the Office of Administrative Hearings:Child Support.

8.(a) Intergovernmental limited services include:

(1) locate;

(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.

340:25-5-340. Collection and maintenance of addresses of record ITS ONLY

(a) Scope and authority.Section 112A of Title 43 of the Oklahoma Statutes (43 O.S. § 112A) provides the basis for Oklahoma Department of Human Services (DHS) Child Support Services (CSS) to collect and maintain an address of record (AOR) for:

(1) parties and custodial persons (CP) subject to paternity orders or child support orders entered in Oklahoma;

(2) noncustodial parents (NCP) per 56 O.S. § 237A and Oklahoma Administrative Code 340:25-5-213;

(3) parties and CPs subject to paternity orders or child support orders entered in other jurisdictions; and

(4) parties and CPs when voluntarily submitted.

(b) Establishment of AOR.

(1) CPs and NCPs establish the initial AOR through:¢ 1 & 2 -3

(A) completion of Form 03EN008E, Child Support Services - Address of Record and/or Family Violence Statement;

(B) designation in form 03EN001E, Application for Child Support Services;

(C) a court order; or

(D) a support order summary form when services are not provided under the DHS state Title IV-D plan per 56 O.S. § 237.

(2) When an AOR is established, it remains in effect until it is updated per (c) of this Section.¢ 2 & 34

(c) Updating an AOR.

(1) A person responsible for maintaining an AOR, on file with CSS per 43 O.S. § 112A or 56 O.S. § 237A must notify CSS of any change in the AOR within 30-calendar days.The person may send changes to CSS, Central Case Registry, PO Box 248843, Oklahoma City, Oklahoma 73124-8843 or to a district child support office.CSS may require proof of a person's identity before establishing or changing a person's name or the AOR and may attempt to verify or confirm the correctness of the AOR.¢ 45

(2) A CP updates an AOR:

(A) by submitting a new AOR in writing;¢ 53

(B) by calling CSS customer service at 405-522-2273 in the Oklahoma City calling area, 918-295-3500 in the Tulsa calling area, or toll-free at 1-800-522-2922.CSS updates the mailing address by phone.CSS sends Form 03EN008E, Address of Record and/or Family Violence Statement, in confirmation of the mailing address update and for the CP to complete and return an updated AOR or claim family violence; or

(C) through a court order.

(3) An NCP updates an AOR:

(A) by submitting a new AOR in writing; or¢ 53

(B) through a court order.

INSTRUCTIONS TO STAFF 340:25-5-340

Revised 9-15-179-15-20

1.Oklahoma Department of Human Services Child Support Services (CSS) staff does not establish or update the custodial person's address of record (AOR) based only on an Annual Notice proceeding.

2.When a child support case closes or subsequently reopens the established AOR remains in effect.An AOR is updated on a closed case, per subsection (c) of this rule.

3.A case participant designates or changes an AOR by completing and submitting Form 03EN008E, Child Support Services - Address of Record and/or Family Violence Statement, or another document approved by the managing attorney that provides appropriate notice regarding the purposes of the AOR.

34.When CSS is serving a party by regular mail to the AOR, CSS staff:

(1) sends copies of all pleadings and orders to the AOR and all other current addresses; and

(2) does not include non-AOR addresses on the pleadings, orders, or certificates of service.

45.When a party to a case obtains a new name and Social Security number due to domestic violence, CSS staff consults the CSS Family Violence Coordinator in the Center for Planning and Development for guidance on how to proceed.

5.A case participant designates or changes an address of record by completing and submitting Form 03EN008E, Child Support Services - Address of Record and/or Family Violence Statement, or another document that provides appropriate notice regarding the purposes of the AOR.

340:25-5-351. Allocation and distribution of collections

Revised 9-16-199-15-20

(a) Authority.Oklahoma Department of Human Services Child Support Services(CSS) allocates and distributes support collections, per Section 657 of Title 42 of the United States Code (42 U.S.C. § 657) and Sections 302.32, 302.51, and 302.52 of Title 45 of the Code of Federal Regulations (45 C.F.R. §§ 302.32, 302.51, and 302.52).CSS collects fees, per 42 U.S.C. § 654, 45 C.F.R. § 302.33, and Section 237 of Title 56 of the Oklahoma Statutes (56 O.S. § 237).

(b) Fees.CSS collects fees, per 42 U.S.C. § 654, 45 C.F.R. § 302.33, and 56 O.S. § 237.A case is exempt from fees when the custodial person (CP) is currently receiving Temporary Assistance for Needy Families (TANF).Fees are withheld prior to child support distribution to the CP.CSS collects:

(1) an annual fee on eligible cases, per 45 C.F.R. § 302.33.When there is more than one Title IV-D child support program involved, CSS collects the annual fee on cases when Oklahoma is the initiating state; and

(2) a three percent service fee for each payment distributed to the CP, up to a $10.00 per month maximum except when the CP is currently receiving SoonerCare (Medicaid).

(c) Allocation.

(1) General allocation.Allocation refers to how a payment is divided among eligible obligations.Some obligors have more than one child support case and the allocation rules determine which case receives all or a portion of the collection received.A collection is allocated based on the source of the collection and the type of legal action resulting in a collection.¢ 1

(2) Allocation models.CSS divides collections among the obligor's eligible obligations based on the following models.

(A) Standard.All payments not made by income withholding order or federal income tax refund offset are allocated to eligible obligations in (i) through (iii):

(i) prorated to the current child support, cash medical support, and spousal support;

(ii) prorated to the monthly payment plan on past support; and

(iii) amounts remaining from the initial collection or additional collections received during the same month will allocate based on a prorated share of total arrears owed on all eligible obligations.The allocated amounts cannot exceed the total arrears due on the cases.

(B) Income Withholding Order (IWO).Periodic payments from an IWO are allocated to eligible obligations in (i) through (iii):

(i) prorated to the current child support, cash medical support, and spousal support;

(ii) prorated to the monthly payment plan on past support and other judgment(s), such as judgments for attorney fees or genetic testing costs; and

(iii) the steps in (1) and (2) of this subsection are repeated for amounts remaining from the initial collection or additional collections received during the same month, until the entire collection is allocated.

(C) Internal Revenue Service (IRS).Collections received from the offset of federal income tax refunds are allocated according to the existing federal hierarchy, per 42 U.S.C. § 657 and 45 C.F.R. § 302.32 303.72.CSS allocates only to balances certified to the IRS.CSS applies these collections to each eligible obligation:

(i) first to balances certified to the IRS as public assistance; and

(ii) then to any CP's certified balances.

(3) Specific enforcement actions.Collections received from case-specific enforcement actions are not allocated across all cases, but are allocated to the case(s) in which the action is taken.¢ 1

(4) Non-Title IV-D cases.In non-Title IV-D cases, CSS allocates payments as follows:

(A) payments received from an IWO are allocated using the IWO model.Collections are allocated to non-Title IV-D cases based on the amounts listed in the non-Title IV-D IWO; and

(B) all other payments are allocated using the Standard model.When CSS receives information on processing a specific payment, CSS may allocate the payment based on that information.

(5) Intergovernmental cases.

(A) Incoming.In cases where CSS is collecting support for a CP who is receiving services from another jurisdiction's child support agency, past-due payments are allocated based on information provided by the initiating state.¢ 2

(B) Outgoing.Collections received from other jurisdictions resulting from an outgoing referral are allocated to that case.

(d) Distribution.

(1) CSS distributes collections based on the federal distribution hierarchy, per 42 U.S.C. § 657 and 45 C.F.R. §§ 302.32 and 302.51.

(2) CSS initially distributes collections to current support and current cash medical support obligations due each month.When collections are less than the amount of all current support and current cash medical support due, CSS distributes collections between the current child support and the current cash medical support obligations in proportionate shares.

(3) After the current child support and current cash medical support obligations are met, CSS distributes collections to current spousal support due.

(4) After current child support, current cash medical support, and current spousal support obligations are satisfied, remaining collections for the month are distributed to past-due balances.

(5) CSS distributes payments to interest owed after current child support and principal arrears balances are paid in full to each obligation.

(6) When a payment collected represents current support for future months, the amount is applied to such.When past support balances exist on any of the noncustodial parent's cases, payments are not applied to the next month's current support, per 45 C.F.R. § 302.51.¢ 3

INSTRUCTIONS TO STAFF 340:25-5-351

Revised 9-16-19

1. Examples of collections received from specific enforcement remedies are those made:

(1) during contempt proceedings or criminal non-support actions in order to satisfy a purge, bond, or sentencing agreement.This includes payments made in court or as a result of a court directive during these proceedings;

(2) to reinstate license(s); or

(3) as a result of a lien or levy.State's attorneys make agreements regarding the percentage of the settlement to take and how to split the collection among multiple cases.

2. Child Support Services (CSS) staff reviews the information provided by the initiating state regarding whether the past-due balance on the case is owed to the custodial person (CP) or to the other state and time periods for balances assigned to the state(s).When the information provided is unclear or incomplete, CSS staff does not build the past-due balances in the Oklahoma Support Information System (OSIS) until the information from the initiating state is received.CSS staff monitors interstate cases to ensure the information regarding the assignment of balances is complete and current and requests additional information from the initiating state as necessary.When the initiating state fails to provide the necessary information, CSS staff initiates the closure process per Oklahoma Administrative Code 340:25-5-123.

3. (a) For example, a noncustodial parent (NCP) pays current support on February 1, makes another payment February 28, and has past due balances.When balances are owed to the state, the state retains the collection.When balances are owed to the CP, the CP receives both payments.When the NCP has multiple cases, the second payment distributes to any case with eligible balances and not to future support.

(b) When the second monthly payment received is a federal payment, such as Defense Finance and Accounting Service (DFAS) or Social Security Administration and represents a regular periodic payment, CSS logs the payment to the UNDA screen.When the OSIS futures program runs, the payment distributes to current support regardless of balances on the case.