COMMENT DUE DATE:  

June 29, 2018

DATE: 

June 20, 2018

Tammy Hall, Child Support Services 405-522-0022

Dena Thayer, Programs Administrator 405-521-4326

Nancy Kelly, Policy Specialist 405-522-6703

RE:  

Non APA WF 18-A

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  Non-APA .  This proposal is not 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 policy is INSTRUCTIONS TO STAFF (ITS) ONLY.

SUBJECT:

Chapter 25. Child Support Services

Subchapter 5. Operational Policies

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

340:25-5-110.1 [AMENDED] ITS ONLY

340:25-5-114 [AMENDED] ITS ONLY

340:25-5-118 [AMENDED] ITS ONLY

340:25-5-123 [AMENDED] ITS ONLY

Part 17. Past Support

340:25-5-140 through 340:25-5-140.1 [AMENDED] ITS ONLY

Part 21. Establishment

340:25-5-176 through 340:25-5-176.1 [AMENDED] ITS ONLY

340:25-5-178 [AMENDED] ITS ONLY

Part 22. Review and Modification

340:25-5-198.1 [AMENDED] ITS ONLY

(Reference WF 18-A)

SUMMARY:

Subchapter 5. Operational Policies

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

Oklahoma Administrative Code (OAC) 340:25-1-110.1 ITS are amended to:(1) direct staff to accept an application when a child is born during a same sex relationship.

OAC 340:25-5-114 ITS are amended to clarify that CSS initiates searches for relevant orders and documents prior to placing the case applicant in non-cooperation status.

OAC 340:25-5-117 ITS are issued to direct staff to: (1) when a child is born during a same sex relationship to accept an application; and (2) follow OAC 340:25-5-114 prior to putting a customer in noncooperation status.

OAC 340:25-5-118 ITS are amended to clarify that CSS initiates searches for relevant orders and documents prior to placing the case applicant in non-cooperation status.

OAC 340:25-5-123 ITS are amended to direct staff to follow OAC 340:25-5-114 when closing a case for noncooperation.

Part 17. Past Support

OAC 340:25-5-140 ITS are amended to:(1) remove an obsolete cite; and (2) general cleanup.

OAC 340:25-5-140.1 ITS are amended to remove an obsolete interest rate and cite.

Part 21. Establishment

OAC 340:25-5-176 ITS are amended to:(1) direct staff when a child is born during a same sex relationship to accept an application; and (2) consider the female spouse of a child's legal mother to be a presumed parent when one of the conditions in Section 7700-204 of Title 10 of the Oklahoma Statutes (10 O.S. § 7700-204) applies.

OAC 340:25-5-176.1 ITS are amended to update obsolete language as it pertains to paternity and parentage, per the Uniform Parentage Act, codified at 10 O.S. §§ 7700-101 et seq.

OAC 340:25-5-178 ITS are amended to direct staff to set a hearing when a request to reconsider is received within 30-calendar days of the default order.

Part 22. Review and Modification

OAC 340:25-5-198.1 ITS are amended to include a noncustodial parent incarcerated for 180 days as a material change of circumstance for modifying a child support order.

LEGAL AUTHORITY:Director of Human Services, 56 O.S. § 162.

SUBCHAPTER 5. OPERATIONAL POLICIES

PART 15. CASE INITIATION, CASE MANAGEMENT, AND CASE CLOSURE

340:25-5-110.1. Applications ITS ONLY

(a) 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 Oklahoma Child Support Services (OCSS) for each application received.An application for child support services is submitted in every circumstance, including applications received by:¢ 1

(1) former Temporary Assistance for Needy Families (TANF), Aid to Families with Dependent Children (AFDC), or non-TANF Medicaid recipients with the Oklahoma Department of Human Services (OKDHS);

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

(3) noncustodial parents listed on an existing medical enforcement only case, if the noncustodial parent is requesting a review and adjustment or to open a new case per OAC 340:25-5-198.1; or

(4) persons receiving child support payments from the Centralized Support Registry and not currently receiving child support services through OCSS.¢2

(b) Application forms are obtained at any child support or other OKDHS office or by writing or telephoning OCSS at the address and telephone numbers provided in OAC 340:25-1-2.1.Printable application forms are available from the OCSS website at http://www.okdhs.org/childsupport/.

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

(d) OCSS accepts an application and opens a case when:¢3

(1) the child is a minor or is still entitled to current support per Section 112 of Title 43 of the Oklahoma Statutes (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) paternity must be established for a minor child against a deceased noncustodial parent consistent per OAC 340:25-5-176; or

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

(e) OCSS 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;¢3 & 4 & 5

(2) the child is deceased; or

(3) the child is a minor but no longer resides with the custodial person.

(f) OCSS accepts applications for locate only services pursuant to OAC 340:25-5-155.

INSTRUCTIONS TO STAFF 340:25-5-110.1

Revised 3-15-169-15-18

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

3.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.

34.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.

45.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.

340:25-5-114. Procedures for determining and processing noncooperation on Temporary Assistance for Needy Families (TANF) and non-TANF SoonerCare (Medicaid) cases ITS ONLY

(a) Cooperation of custodial persons.The custodial person (CP) must cooperate with the Oklahoma Department of Human Services (DHS) Child Support Services (CSS) program in establishing paternity or in establishing, modifying, or enforcing a support order per Section 654 of Title 42 of the United States Code (42 U.S.C. § 654) and Section 264.30 of Title 45 of the Code of Federal Regulations (45 C.F.R. § 264.30).A CP receiving:¢ 1

(1) TANF must assign rights to support to DHS per 42 U.S.C. § 608; and

(2) non-TANF SoonerCare (Medicaid) benefits for minor child(ren) must assign medical support rights to the Oklahoma Health Care Authority (OHCA) per 42 C.F.R. § 433.146.

(b) Noncooperation of custodial persons.When a CP fails to cooperate, CSS reviews the case to determine noncooperation.When CSS determines noncooperation, CSS notifies Adult and Family Services (AFS) staff in the appropriate DHS county office.AFS staff updates the computer document for noncooperation with CSS and a computer-generated notice per Oklahoma Administrative Code (OAC) 340:65-5-1 is sent advising the recipient of any decrease in benefits due to noncooperation.¢ 2

(1) For CSS to make a noncooperation determination on a TANF case, the cooperation must be essential for the next step in providing child support services, per OAC 340:10-10-5 and 340:10-10-7.¢ 2 & 3

(2) Noncooperation is indicated when the CP:

(A) fails to appear at a CSS district office to provide information or evidence relevant to the case;

(B) refuses to complete and sign documents necessary to take legal action against the noncustodial parent(s) (NCPs) when requested to do so by CSS;

(C) fails to comply with an order to submit oneself or the child(ren) to genetic testing to determine paternity;

(D) fails to appear as a witness at an administrative, district court hearing, or other proceeding;

(E) fails to provide information or attest to lack of information under penalty of perjury;

(F) fails to forward to CSS all child support payments received from the NCPs or those received from entities other than the Centralized Support Registry;

(G) pursues private legal action affecting paternity, child support, medical support, or child care or authorizes payments made other than through the Centralized Support Registry without giving CSS notice, and fails to keep CSS informed of the case status; or¢ 34

(H) engages in ongoing conduct detrimental to CSS enforcement efforts.¢ 45

(3) DHS AFS staff in the county office determines if good cause for noncooperation with CSS exists per OAC 340:10-10-6.¢ 5 & 6 & 7

(c) Noncooperation of custodial persons on non-TANF SoonerCare (Medicaid) cases.When CSS district office staff receives an OHCA referral on a non-TANF or existing case update with a pending good cause indicator, staff determines if good cause exists for noncooperation per OAC 317:35-5-7.¢ 45 through 910

INSTRUCTIONS TO STAFF 340:25-5-114

Revised 9-15-179-15-18

1.When an Oklahoma Department of Human Services (DHS) Child Support Services (CSS) district office receives a non-Temporary Assistance for Needy Families (TANF) SoonerCare (Medicaid) referral or case update from the Oklahoma Health Care Authority (OHCA) with a pending good cause indicator, and the custodial person (CP) is requesting Title IV-D services, the custodian must agree to cooperate with CSS, except when the case contains good cause, per Section 654 Title 42 of the United States Code and Oklahoma Administrative Code (OAC) 317:35-5-7.CSS district office staff follows the noncooperation procedures for good cause determination, per OAC 340:25-5-114 Instructions to Staff (ITS) # 5.

2.(a) OAC 340:10-10-5(a) requires, as a condition of eligibility for TANF, applicants or recipients who are parents of the child(ren) in their custody to cooperate with DHS to receive services as a condition of eligibility for TANF.CPs who are parents of the child(ren) receiving TANF benefits must cooperate with CSS.Other CPs receiving TANF benefits, who are not parents of the child(ren), such as grandparents, aunts, or unrelated persons, are not subject to this requirement.

(b) CSS staff updates the cooperation block on the CSS Custodial Person Data Update (CCPU) screen of the automated Oklahoma Support Information System to 'O' and notifynotifies Adult and Family Services (AFS) staff when a CP is not cooperating.When the CP resumes cooperation with CSS, that is, has taken specific action to cooperate, CSS staff changes the cooperation block on the CCPU screen to Y.CSS staff does not consider the CP's statement of willingness to complete the requested action as fulfilling the requirement to cooperate.

(c) When the CP is noncooperative, but cooperation is not essential for the next step in providing child support services, CSS staff does not report noncooperation to AFS staff.For example, if the CP failed to appear at a child support hearing but the court entered a child support order, CSS staff changes the cooperation block on the CCPU screen to Y since the CP's cooperation was not essential in obtaining the child support order.

(d) When CSS receives returned mail or is aware that the CP is not at the address AFS used, CSS staff does not report the CP as noncooperative.Instead CSS staff emails the AFS worker.The AFS worker is responsible for sending Form 08AD092E, County Client Contact and Information Request, to the CP and terminating TANF benefits if the CP fails to contact the AFS worker with a current address.If the TANF case is closed, CSS staff may close the child support case, per Section 303.11(b)(10) of Title 45 of the Code of Federal Regulations (45 C.F.R. § 303.11(b)(10)).

(e) When noncooperation with CSS is determined, AFS county office staff reduces the family's cash assistance by 25 percent of the TANF payment standard, per OAC 340:10-10-5.

(f) CSS may pursue legal remedies, such as contempt citations, bench warrants, license revocations, and body attachments, to compel cooperation of CPs, related and unrelated to the child.Legal remedies, such as these are the only means available to CSS to obtain the cooperation of:

(1) unrelated CPs, as their TANF payments are not reduced; and

(2) CPs in child-only non-TANF SoonerCare (Medicaid) cases, as they are not included in the case.

3.(a) The case applicant must provide sufficient information for CSS to initiate a search for relevant case documents.CSS requests these documents, including orders and other relevant documents from the case applicant and all available sources, such as state registries and court clerks.

(b) The case applicant may be placed in noncooperation status, when:

(1) CSS attempts to obtain necessary information are unsuccessful; and

(2) the case applicant is given notice of necessary information and then fails to provide it.

34.Retaining private counsel or other services for support collection purposes is not in and of itself justification for a noncooperation referral.

45.An example of conduct detrimental to CSS enforcement efforts is a CP who harasses ana noncustodial person's (NCP)'s employer, such that it jeopardizes an ongoing reliable source of support.

56.(a) When CSS staff has reason to believe the TANF CP has good cause for noncooperation with CSS, staff refers the CP to AFS county office staff for a good cause determination, per OAC 340:10-10-6.

(b) OAC 340:10-10-6 Instructions to Staff (ITS) explain the AFS process used to determine good cause for noncooperation with CSS after considering the CSS recommendation on Form 08TA009E, Good Cause Report.

67.(a) CSS staff builds the case in the Oklahoma Support Information System (OSIS) as "Pending Good Cause Determination," and sends the CP letter C11/03GN542E, Pending Good Cause Determination.This letter requests the CP return the required documentation within 14-calendar days to claim good cause.

(b) CSS staff does not contact or send letters to an NCP until the Pending Good Cause Determination is resolved.

(c) Upon receipt of the CP's completed information and documentation, CSS staff follows guidelines (1) through (3) to make the good cause determination.

(1) Has the noncustodial parent (NCP) been abusive to the CP or the child(ren)?

(2) Was the child conceived as a result of rape or incest?

(3) Is the CP considering, or has the CP decided to place the child for adoption?

(d) When the answer is "yes" to any of these questions, then good cause for noncooperation exists.The type of documentation necessary to make the good cause determination includes:

(1) a birth certificate, medical record, law enforcement report indicating a rape occurred or that the child may have been conceived by rape or incest;

(2) a court document indicating adoption proceedings occurred or are pending;

(3) a written statement from public or licensed private social services agency indicating adoption proceedings are being considered or pending;

(4) a court, medical, child welfare, social services, psychological, or law enforcement record indicating physical or emotional harm inflicted by the NCP on the CP or childchild(ren); or

(5) sworn statements from individuals other than the CP with knowledge of circumstances based on the good cause claim indicating there is a potential for physical or emotional harm from the NCP toward the CP or child(ren).

(e) When CSS staff determines good cause exists, staff updates the CCPU screen with good cause 'G,' closes the case per 45 C.F.R. § 303.11(b)(10), and sends letter, C12/03GN543E, Good Cause Determination, to the CP.OSIS sends the good cause determination to OHCA.

(f) When the CP fails to provide adequate good cause documentation or fails to respond to the Pending Good Cause Determination letter, the case is pursued as a full service case.The case remains open and district office staff updates the CCPU with a Y.OSIS sends an electronic submission to OHCA indicating CSS is proceeding with the case.

(g) When CSS staff determines good cause does not exist, letter, C13/03GN544E, Notice of Denial of Good Cause for Failure to Cooperate, is sent to the CP and CSS continues working the case.

(h) The CP may dispute the good cause determination by providing additional information on the letterC13/03GN544E, Notice of Denial of Good Cause for Failure to Cooperate, and submitting supporting documentation to CSS State Office Center for Operations (CO).

(i) CO forwards the CP's good cause request and information to the appropriate Regional Administratorregional administrator (RA) for review.The RA confirms or reverses the previous good cause determination and notifies the CP and CSS staff accordingly.

78.(a) When CSS receives a referral from OHCA with a pending good cause determination, CSS staff builds an information only case (Status 01).The case remains in Status 01 until the good cause determination is made or until the applicant fails to timely continue the good cause determination process.

(b) CSS staff follows the steps outlined in ITS # 67 to resolve the Pending Good Cause claim.

(c) When good cause is denied and all opportunities to appeal or review the decision are exhausted or waived, the case is converted to Status 02.

(d) When good cause is determined, the case is closed.

89.When a CP on an existing CSS non-TANF or Medical Enforcement Only case claims good cause for noncooperation in a district office, CSS staff updates the case in OSIS as Pending Good Cause, sends letter, C11/03GN542E, Request for Determination of Good Cause for Failure to Cooperate, to the CP and follows the steps outlined in ITS # 67 (f) through (i).

910.The penalty for noncooperation with CSS by a CP who is a parent receiving non-TANF Medicaid benefits is the removal of the CP's Medicaid benefits from the case.There is no penalty for noncooperation with CSS on child-only non-TANF SoonerCare (Medicaid) cases since adults are not included in the case.

340:25-5-118. Noncooperation on non-TANF and child care subsidy cases

ITS ONLY

(a) The Oklahoma Child Support Services (CSS) determines noncooperation in a non-TANF case on the same basis as a Temporary Assistance for Needy Families (TANF) case.Oklahoma Administrative Code (OAC) 340:25-5-114 describes indications of noncooperation.When CSS determines noncooperation, CSS closes the case under Section 303.11 of Title 45 of the Code of Federal Regulations.n 1

(b) CSS requires a new application to reopen a case closed because of noncooperation.The applicant for services must agree to cooperate with CSS.n 12

(c) OAC 340:40-7-9 describes the requirement to pursue child support with CSS, as a condition of eligibility, for custodial persons participating in the Oklahoma Department of Human Services (DHS) child care subsidy program.When the noncooperation prevents CSS from providing child support services, CSS initiates case closure action under Section 303.11 of Title 45 of the Code of Federal Regulations.n 23 through 45

INSTRUCTIONS TO STAFF 340:25-5-118

Revised 9-15-179-15-18

1.Failure to provide an order.When the custodial person (CP) does not provide a copy of a child support or other order, it does not automatically constitute noncooperation.Child Support Services (CSS) staff attempts to obtain the order, per Oklahoma Administrative Code (OAC) 340:25-5-114 Instructions to Staff.

12.Noncooperation determination in non-Temporary Assistance for Needy Families (TANF) cases.Child Support Services (CSS) staff considers the factors listed in Oklahoma Administrative Code (OAC) 340:25-5-114 in making a noncooperation determination in non-TANF cases.The district child support office staff must document in the case record the circumstances of the noncooperation and what action the custodial person (CP) failed to take that was essential for proceeding to the next step in providing child support services.

23.Documenting cooperation.

(1) When CSS staff determines the CP is not cooperating with CSS, staff updates the cooperation block on the Custodial Person Data Update (CCPU) screen of the Oklahoma Support Information System (OSIS) to 'O'. When a case closes for noncooperation, CSS staff leaves the 'O' code on the CCPU.

(2) When the CP resumes cooperation with CSS, child support staff changes the cooperation block on the CCPU screen to 'Y'.

34.TANF benefits. When CSS staff updates OSIS CCPU screen with noncooperation and the CP is receiving TANF benefits, CSS staff notifies the Adult and Family Services (AFS) worker of the noncooperation.

45.Child Care Subsidy benefits.

(1) When CSS has updatedupdates the CCPU screen with noncooperation and the CP is receiving child care subsidy, the benefits will remain active until the annual renewal, per OAC 340:40-7-9.CSS staff does not notify AFS of the noncooperation.

(2) When CSS determines cooperation is essential in establishing or enforcing child support, CSS proceeds with case closure, per OAC 340:25-5-123.At the annual renewal of the child care subsidy, the CP is required to submit Form 03EN001E, Application for Child Support Services, and correct the action that led to the noncooperation.When the application is received, CSS reopens the case, leaving the 'O' in the noncooperation block on CCPU.When CSS staff determines the CP resumed cooperation, CSS staff changes the block on the CCPU screen to 'Y'.

PART 17. PAST SUPPORT

340:25-5-140. Past supportITS ONLY

(a) Authority.Oklahoma Child Support Services (OCSS) takes appropriate action to collect support and secure compliance with support orders.¢ 1 & 2

(1) When a support order does not specify an effective date, a payment is due on the first day of the month following the entry of the child support order and on the first day of each month thereafter except when another state's law governs the due date.

(2) OCSS bases its determination of past-due support and support for a prior period on information in available records from courts, Title IV-D and other public and private agencies, custodial persons (CPs), noncustodial parents (NCPs), and others.

(3) OCSS may require sworn written statements and supporting documents from CPs, NCPs, and others pertaining to support payments.The primary legal foundations for determination and collection of past-due support and support for a prior period are applicable provisions of:¢ 2

(A) Part D of Subchapter IV of Chapter 7 of Title 42 of the United States Code;

(B) Section 1738B of Title 28 of the United States Code;

(C) Chapters 302 and 303 of Title 45 of the Code of Federal Regulations; and

(D) Sections 83 and 7700-636 of Title 10, Chapters 3 and 21 of Title 12, Title 43, and Sections 231 through 240.23 of Title 56 of the Oklahoma Statutes.

(b) Judgment payment.Per Section 137 of Title 43 of the Oklahoma Statutes (43 O.S. § 137), the monthly payment schedule on past support may not exceed three years unless specific findings of fact supporting the action are made.OCSS considers a three-year payment schedule to be unjust, unreasonable, inequitable, or inappropriate when OCSS has evidence that the NCP cannot comply with the payment plan.OCSS requests a monthly payment schedule that may exceed three years in accordance with the best evidence available, including the NCP's earning records, past job history, earning ability based on education and training, and mental or physical incapacities.OCSS also considers a NCP's other child support obligations and total arrears.¢ 3

(c) Enforcement.

(1) OCSS takes action to enforce past-due support and support for a prior period per OAC 340:25-5, Part 23.¢ 1

(2) OCSS collects amounts from the date of the original child support order, including any judgments for support for a prior period, and does not limit collection of past-due child support to amounts accruing from the time a case is opened or reopened.¢ 2

(3) When a case new to OCSS or a case that was previously closed reopens and has an existing order, OCSS does not calculate a past-due support balance or take action to enforce past-due support until 30 days from the date of mailing of the notice of case letter and affidavit of payments document to the NCP.This does not preclude the initiation of an income assignment to collect current support.¢ 2

(4) Past-due child support remains due to the CP with whom a child resided during the month the past support was due.

(5) When OCSS takes action to enforce past-due support and support for a prior period for a child of a NCP or a CP who is a servicemember, OCSS applies the provisions of the Servicemembers Civil Relief Act, codified in Sections 501 through 596 of Title 50A of the United States Code.¢4

(d) Settlement of past support.

(1) Settlements of past support may include:

(A) a NCP's lump sum partial payment or a series of payments made toward the total amount of past support;

(B) an agreement for the NCP to pay a specified number of current child support payments in the future; and

(C) acceptance of in-kind goods or services in exchange for waiving a certain amount of past child support.

(2) Settlements of past support must be memorialized in a court order and the CP must sign the court order when the past support is owed to the CP.¢ 5

(3) Per 43 O.S. § 112, OCSS:

(A) acknowledges the rights of the CP and NCP to mutually agree to waive with approval of the court, all or a portion of the past child support due to the CP; or

(B) may negotiate the right to collect all or part of past support owed to Oklahoma.¢ 5

(e) Annual notice.OCSS uses the annual notice to the NCP parent per 56 O.S. § 237A to confirm the amount of past-due support and remaining balances on previously confirmed judgments.Past-due support and remaining balances on judgments for support for a prior period may also be confirmed during other enforcement actions per OAC 340:25-5, Part 23.¢ 6

(f) Death of custodial person.

(1) When the CP dies, OCSS issues child support payments for past due support to:

(A) the decedent's estate, when notified in writing by the administrator of the estate; or

(B) any state owed past due support per OAC 340:25-5-351.

(2) Except as provided in (1) of this subsection, OCSS refunds payments to the:

(A) payor, when the payor's address is known;

(B) NCP parent when the payor's address is unknown, or payments are returned due to the inability to distribute.

(3) OCSS does not file a forced probate court action to determine heirs and distribute past support to heirs.

(g) Jurisdiction.When an Oklahoma tribunal has personal and subject matter jurisdiction and can obtain service of process on the NCP, OCSS 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 the child support orders.

INSTRUCTIONS TO STAFF 340:25-5-140

Revised 7-1-139-15-18

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

(b) When the court determines a judgment at an amount different from the amount shown on the OCSSCSS arrearage computation presented to the court, OCSSCSS staff updates the court's:

(1) judgment amount on the automated Oklahoma Support Information System (OSIS) Obligation screen; and

(2) decision and finding of fact, ifwhen included in the court order, on the OSIS Case Log (CSLOG) screen.

2.(a) Arrears are calculated and added to the case without waiting 30-calendar days, when:

(1) there is no address for the noncustodial parent (NCP) and the custodial person (CP) returned an affidavit of payments;

(2) the NCP responds and does not dispute arrears; or

(3) both parties respond within 30-calendar days and there is no dispute as to the amount of arrears.

(b) OCSS CSSstaff files an action to determine arrears, when:

(1) both parties respond and there is a dispute as to the arrears amount; and

(2) the NCP requests credit for non-cash support and the CP does not agree.OCSS CSSstaff files the action without including credit for the non-cash support.

(c) When the NCP fails to return the affidavit of payments, arrears are calculated and added to the case after 30-calendar days.

(d) When only the NCP returns the affidavit of payments, OCSS CSSstaff:

(1) contacts the CP to verify the information provided by the NCP;

(2) enforces current support only from the date the obligation is built, until arrears are determined;

(3) reviews the case for noncooperation and case closure, when appropriate; and

(4) files an action to determine arrears and serves the CP, per Oklahoma Administrative Code (OAC) 340:25-3-3.

(e) When neither party returns the payment affidavits, OCSS CSSstaff does not calculate arrears or add arrears to the case and enforces current support only from the date the obligation is built.OCSS CSSstaff requests arrears be reserved for further determination by the court.

3.(a) When requesting a monthly payment schedule on past support, OCSSCSS staff reviews available information that may include the following sources to determine the NCP's ability to pay:

(1) OSIS screens, such as FCRL and OWL;

(2) Oklahoma Wage Report, available from the Oklahoma Employment Security Commission'sCommissionwebsite at http://www.oesc.state.ok.us/lmi/publications/publication.asp?pubID=12

https://www.ok.gov/oesc web/Services/Find_Labor_Market_Statistics/OES/; and

(3) Westlaw Consolidated Lead Evaluation and Reporting (CLEAR) Report; and

(4) other sources as appropriate.

(b) When the payment schedule exceeds three years, OCSSCSS documents in the court order that a three-year payment schedule is unreasonable or not in the best interests of the child(ren).

4.OCSSCSS staff follows the Guide to the Servicemembers Civil Relief Act (SCRA), available from the OCSS CSS InfoNet, for procedureprocedures regarding:

(1) waivers of rights and protection,under theper SCRA;

(2) appearance in court actions;

(3) stays of court; and

(4) default orders.

5.Settlement of past support.OCSSCSS staff includes in the court order the settlement terms, including any waivers of past support, in the court order.The district office OCSSCSS state's attorneys must approve all settlements of past support.

(1) Past support owed to Oklahoma.When there is a settlement of past support owed to Oklahoma, the Unreimbursed Assistance balance is reduced by the amount of the assigned arrears being compromised.This provision does not apply in instances where the CP has multiple children on different child support cases.

(2) Past support owed to the CP.OCSS CSSstaff drafts the court order with language that states the CP makes the waiver knowingly, voluntarily, and without coercion, and with the understanding that the CP may not make a claim for the waived child support amounts in the future.

6.When initiating an enforcement action, OCSS CSSstaff reviews the case to determine if the current support obligation is in accord with the child support guidelines and whether to initiate a modification of the current support obligation, per OAC 340:25-5-198.2.

340:25-5-140.1. InterestITS ONLY

a) General.Oklahoma Child Support Services (OCSS) collects and enforces interest on past-due Oklahoma court-ordered child support payments per Section 114 of Title 43 of the Oklahoma Statutes (43 O.S. § 114).

(b) Support for a prior period.OCSS collects interest on support for a prior period under OAC 340:25-5-179.1 and is calculated at a rate per 43 O.S. § 114.¢ 1

(c) Accrual date.

(1) Interest accrues on any unpaid portion of the monthly current child support obligation on the first day of the month following the:

(A) due date specified in the court order; or

(B) entry date of the child support order when a support order does not specify a due date.¢ 2

(2) Interest accrues on a lump sum judgment for support for a prior period from the first day of the month after the judgment is entered per 43 O.S. § 114.

(d) Grace period and accrual.OCSS has a grace period when interest is not charged.Interest begins to accrue from the first day of the month following the date the arrears are in excess of one month's current support.¢ 3

(e) Interest on cash medical support.OCSS does not calculate or collect interest on unpaid cash medical support.

(f) Servicemember relief.

(1) Upon a servicemember's written request, an interest rate cap of 6 percent applies to child support arrearages of members of the military service incurred prior to the start of military service per Section 527 of Title 50A of the United States Code.¢ 4

(2) The servicemember must provide a written request for reduced interest and a copy of the military orders calling the servicemember to service and any orders further extending military service to OCSS no later than 180 days after the date of the servicemember's termination or release from military service.

(3) Upon receipt of these documents, OCSS applies the 6 percent interest rate to child support arrearages existing as of the date when the servicemember is called to military service and throughout the active military service.

(4) OCSS may initiate a court action to challenge the claim that the servicemember's military duty has materially affected his ability to pay an interest rate over 6 percent.¢ 5

(g) Interest rate.

(1) OCSS calculates simple interest per 43 O.S. § 114.¢ 6

(2) For orders established in other states, the law of the state entering the order determines the amount and rate of interest due until a determination of controlling order is made.¢76 through 109

(3) For orders established in Oklahoma, Oklahoma law determines the amount and rate of interest due.

(4) When there are multiple child support orders and Oklahoma is determining the controlling order, OCSS determines the rate of interest charged per 43 O.S. § 601-604.¢76

(h) Order silent as tointerest.When an order that settles or determines a past-due child support amount is silent as to interest, the party with the right to collect has not waived the interest.¢109

(i) Enforcement.Accrued interest is considered child support.Interest is included in enforcement remedies.

(j) Incoming interstate cases.In the absence of an Oklahoma order, OCSS collects interest on incoming interstate cases when an initiating state calculates the interest owed and requests that OCSS collect it.¢87 & 1110

(k) Outgoing interstate cases.Before requesting a responding state to enforce a child support order(s) entered in a state other than the responding state, OCSS calculates the arrears including the accrued interest claimed.¢87

(l) Application of payments to interest.OCSS applies payments to interest per OAC 340:25-5-351.

(m) Waiver of interest.OCSS acknowledges the rights of the custodial person (CP) and noncustodial parent (NCP) to mutually waive, with approval of the court, all or a portion of the interest due to the CP.OCSS may negotiate the right to collect all or part of the interest owed to Oklahoma.Settlements of interest must be memorialized in a court order and may include:

(1) a NCP's lump sum partial payment or a series of payments; or

(2) an agreement for the NCP to pay:

(A) a specified number of current child support payments in the future; or

(B) non-cash support.¢1211

(n) Reopening closed cases.OCSS does not reopen closed child support cases at the request of a customer for the purpose of collecting interest.

INSTRUCTIONS TO STAFF 340:25-5-140.1

Revised 7-1-139-15-18

1.Orders for support for a prior period are obtained in paternity and notice of support debt cases, per Oklahoma Administrative Code (OAC) 340:25-5-179.1.Support for a prior period is defined, per OAC 340:25-1-1.1.

2.Oklahoma Department of Human Services, Child Support Services (OCSS)(CSS) staff attempts to calculate interest from the accrual date in the original child support obligation, unless interest has beenwas calculated and included in a judgment provision in a subsequent order.OCSSCSS staff useuses Form 03EN002E, Affidavit of Child Support Payments Received, to obtain child support payment information from a custodial person (CP).

(1) When OCSSCSS staff does not have information on how a judgment was determined or on the amount of past-due child support accrued prior to when OCSSCSS opened the child support case, OCSSCSS staff mails the Interest Disclosure Notice document, available on the CSS InfoNet Library page, to the CP to gather information and determine the calculation period.The Interest Disclosure Notice is available from the OCSS InfoNet Library page.

(2) IfWhen the CP fails to supply the information within two weeks or the information is not available, OCSSCSS staff updates the automated Oklahoma Support Information System (OSIS) with interest balances that have accrued on child support arrearages from the date adequate payment documentation exists.OCSSCSS staff includes the amount and time period of the interest accrued on the child support judgment in the child support order.

3.(a) Example 1:Noncustodial parent (NCP) is ordered to pay $150 per month in current child support effective February 1.NCP pays $0 in February and $0 in March.NCP's child support arrears are not in excess of one month's current support until the March payment is missed.Therefore, interest accrues beginning April 1.

(b) Example 2:NCP is ordered to pay $150 per month in current child support effective February 1.NCP pays $75 in February and $75 in March.At the end of March, NCP's child support arrears are not in excess of one month's current support.Therefore, no interest accrues as of April 1.If the NCP does not pay the full child support amount in April, interest will accrue beginning May 1.

4.Any arrearage incurred after the date the servicemember is called to active military service accrues interest at the statutory rate of 10 percent.

5.OCSSCSS challenges the 6six percent interest rate ifwhen the servicemember is earning as much income in the military service as in non-military service.

6.See Phillips v. Hedges, 2005 OK 77, that interprets Section 114 of Title 43 of the Oklahoma Statutes as meaning simple interest is applied to delinquent child support payments.

7.When using the one-state process to enforce an order established in another state, it is the responsibility of OCSSCSS staff to calculate interest using the interest rate of the state that established the order, also known as the issuing state.

87.(a) When there is no initiating state, OCSSCSS staff calculates the interest due on all existing child support orders in an action to enforce those arrears, even when the order was entered in another state.

(b) To determine the current applicable interest rate for orders from other states, OCSSCSS staff looks in the Support Details section of the Intergovernmental Reference Guide (IRG) on the Office of Child Support Enforcement (OCSE) website.

(c) OCSSCSS staff consults with the district office OCSSCSSstate's attorney to determine if the interest rate changed during the period when the arrears accrued.

98.OCSSCSS requests an Oklahoma court determine the accrued principal and interest and registers the order with the responding state for enforcement, when:

(1) Oklahoma asks another state to enforce arrears due under an Oklahoma child support order; and

(2) service of process is obtained on all parties.

109.If the settlement or waiver is silent or ambiguous as to interest, OCSSCSSstaff consults the OCSSCSSstate's attorney for the steps to determine the intent of the parties as to settlement or waiver of principal and interest arrearage balances.This includes contacting the parties to determine their intent, memorializing the agreement, and may include filing an action to determine the total principal and interest arrearage amount.

1110.When using the two-state process in interstate cases, per 43 O.S. §Section 601-604 of Title 43 of the Oklahoma Statutes, it is the initiating state's responsibility of the initiating state to calculate whether the NCP paid all current support, arrears, and interest under the law of the state that issued the order.

1211.Waiver of interest.

(1) OCSSCSS staff uses the legal settlement document on OSIS, Custodial Person's Waiver of Interest in Conjunction with a Settlement.

(2) OCSSCSS staff includes in the court order settlement terms of the waiver of interest in the court order.The district office OCSSCSSstate's attorney must approve all interest settlements of interest owed to Oklahoma.

PART 21. ESTABLISHMENT

340:25-5-176. Establishment of paternityparentageITS ONLY

(a) In cases where paternityparentage has not been legally established, Oklahoma Department of Human Services Child Support Services (CSS) establishes paternityparentage and provides genetic testing, 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, 84, 90.4, and 7700-101 through 7700-902 of Title 10 of the Oklahoma Statutes (10 O.S. §§ 83, 84, 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 & 2

(b) CSS only initiates a paternityparentage action when the child has noonly one legal fatherparent. ¢3 through 67A child has a legal fatherparent, when:

(1) paternity has beenwas voluntarily acknowledged in Oklahoma or another state and not rescinded within 60-calendar days, per 10 O.S. §§ 7700-301 through 7700-314;

(2) the child has a presumed fatherparent, per 10 O.S. § 7700-204; or ¢78

(3) paternity has beenparentage was established by a district or administrative court order, per 10 O.S. § 7700-636.

(c) CSS provides Form 03PA209E, Acknowledgment of Paternity, for voluntary acknowledgment of paternity per 10 O.S. § 7700-312 and 63 O.S. §§ 1-311 & 1-311.3.CSS also provides companion forms, whichthat include instructions for completion, described in paragraphs (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 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 Paternity, must accompany Form 03PA209E if 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.¢89

(3) Per 10 O.S. §§ 7700-307 & 7700-312, CSS provides Form 03PA211E, Rescission of Acknowledgment of Paternity, for a person to use to cancel the legal finding of paternity created by having previously signed Form 03PA209E.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 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 Paternity, for a person to use CSS to cancel the legal finding of paternity created by having previously signed Form 03PA210E.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.¢89

(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 of the rescission to all other signatories of 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 addresses of the signatories, if different.

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

(d) When CSS establishes paternity against an alleged father or with a custodial person,parentage and either of whomparent is a servicemember, CSS applies the provisions of the Servicemembers Civil Relief Act, codified in 50A U.S.C. §§ 501-596.¢910

(e) When CSS has the cooperation of a deceased alleged father's relatives, CSS establishes paternity of 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 & 1011

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

(g) CSS pursues all alleged fathers before requesting the court enter a default paternity order when the custodial person (CP) has provided information that more than one man is possibly the child's biological father.

(1) CSS requests a default order when genetic testing shows one alleged father is the biological father or all other alleged fathers have been excluded by genetic testing.CSS uses other legal processes to compel genetic testing, such as license revocation or contempt of court proceedings. ¢1112

(2) CSS requests the court determine paternity when unable to obtain genetic testing on two or more alleged fathers.

(h) CSS does not request a default paternity order when the alleged father is the case applicant and the CP objects to the alleged father being found the father without genetic testing.When a default paternity order has beenis 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,the default orderper 12 O.S. § 1031.1.After the request is filed with the district court or Office of Administrative Hearings:Child Support, CSS pursues genetic testing and vacates or amends the default order as necessary based on findings.CSS takes necessary steps to bring the action before the court for resolution.¢1213

(i) Genetic testing costs incurred in paternity establishment cases are paid as follows:

(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 paternity 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 prior to advancing the costs of genetic testing.

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

INSTRUCTIONS TO STAFF 340:25-5-176

Revised 9-15-179-15-18

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 father is the custodial person and paternity has not been legally established, CSS establishes paternity within the action to establish a child support obligation against the mother.

3.(a) The P04, Paternity Questionnaire, completed by the mother is an essential step in CSS paternityparentage actions. This includes actions involving Acknowledgments of Paternity or any other establishment action where the state's attorney determines the P04 is necessary prior to proceeding.CSS staff proceeds with a paternityparentage 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 mother, CSS follows the Consistent Excellence Paternity Legal Review Process, and consults the CSS state's attorneys to determine if CSS can proceed with the paternityparentage action or whether CSS pursues noncooperation processes, per Oklahoma Administrative Code 340:25-5-114.

(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 father does not respond in writing or appear at the hearing.

4.When an alleged father is incarcerated, CSS serves the alleged father with the paternity pleadings, and may also send a copy of the pleadings, a waiver of service, and a genetic test order by regular mail.CSS staff schedules genetic testing for an incarcerated, alleged father unless the father acknowledges paternity 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, 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 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).

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.

78.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.

89.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.

910.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.

1011.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 father.

1112.CSS staff does not request a default order be entered against an alleged father until all other alleged fathers have been excluded by genetic testing and CSS has attempted all legal processes to compel genetic testing.

1213.(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 to vacate.

(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 noncustodial parent is excluded as the biological father.

340:25-5-176.1. Challenges to paternity establishment of parentageITS ONLY

(a) Oklahoma Department of Human Services Child Support Services (CSS) objects to a paternityparentage challenge proceeding, when:

(1) a party challenges an acknowledgment of paternity (AOP) outside of the rescission time periods per Section 7700-307 of Title 10 of the Oklahoma Statutes (10 O.S. § 7700-307), unless the challenge is filed within the two-year time limit for challenges per 10 O.S. § 7700-308.When a party challenges an AOP within the statutory time limit, the state's attorney reviews the facts of the case to determine whether an objection is appropriate under the circumstances.CSS may object to the proceedings and request the court require the challenging party to prove fraud, duress, or material mistake of fact by clear and convincing evidence;¢ 1

(2) the child has a presumed fatherparent and a party initiates a challenge more than two years after the child's birth, unless the parties meet the jurisdictional requirements per 10 O.S. § 7700-607(B); or

(3) paternity parentagewas established by a district or administrative court order per 10 O.S. § 7700-636 and the challenging party is filing outside the 30-calendar day time period to vacate a judgment per 12 O.S. § 1031.1(A).¢ 1

(b) CSS does not object to a paternityparentage challenge proceeding when the:

(1) time requirement to rescind an acknowledgment of paternity has not passed;¢ 2

(2) parties neither cohabited nor engaged in sexual intercourse and the husbandspouse never held out the child as his or her own; or

(3) mother, legal fatherparent, and biological father agree to adjudicate paternityparentage per 10 O.S. § 7700-607.

(c) When a paternityparentage challenge proceeding is brought by a child per 10 O.S. § 7700-637, the state's attorney reviews the facts of the case and determines whether an objection is appropriate under the circumstances.

(d) When one or both parties timely objects, orally or in writing, to the entry of an order for a child with a presumed parent or alleged father, CSS takes necessary steps to bring the paternity parentagechallenge before the appropriate court for resolution.

INSTRUCTIONS TO STAFF 340:25-5-176.1

Revised 9-15-159-15-18

1.When Child Support Services (CSS) receives a pleading seeking to disestablish paternity parentage, CSSdefends the challenge, per Sections 7700-601 through 7700-637 of Title 10 of the Oklahoma Statutes.CSS staff immediately refers all challenges to the district office managing or state's attorney.

2.An acknowledgment of paternity (AOP) may be rescinded by either party by completing Form 03PA211E, Rescission of Acknowledgment of Paternity, within 60-calendar days of the last signature on the AOP formForm 03PA209E, Acknowledgment of Paternity.If either parent was a minor when the AOP formForm 03PA209E was signed, the rescission formForm 03PA211E may be signed up to 60-calendar days after the minor parent's eighteenth18th birthday.

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

ITS ONLY

(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.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 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 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 incarcerated, CSS follows (1) and (2) of this subsection.

(1) 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:

(A)(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

(B)(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

(2) This provision does not apply when the NCP is incarcerated for crimes against the CP or child.

(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 50A U.S.C. §§ 501 through 596.¢ 13

(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.¢ 14 & 15

INSTRUCTIONS TO STAFF 340:25-5-178

Revised 9-15-169-15-18

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, availableat http://www.oesc.state.ok.us/lmi/publications/publication.asp?publD=12, or Oklahoma State Occupational Employment and Wage Estimates from the United States Department of Labor website, available at www.bls.gov/oes/current/oes/ok.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.When an NCP is incarcerated for crimes against the CP or child, CSS does not modify the order using $0 for the income; 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 custodial parent, 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.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.

14.When a party contactsprovides CSS within 30-calendar days towith a written request reconsideration ofto reconsider a default support order, CSS staff notifies the party that he or she must make the request in writing within 30-calendar30-calendar days of the entry of the default 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 to vacate.

15.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.

PART 22. REVIEW AND MODIFICATION

340:25-5-198.1. Review of a child support orderITS ONLY

(a) Purpose.The purpose of the review process is to determine whether a child support order should be modified to ensure substantial compliance with the child support guidelines in Sections 118-118I through 119 of Title 43 of the Oklahoma Statutes (43 O.S. §§ 118-118I & 119) and Oklahoma Administrative Code (OAC) 340:25-5-178.

(b) Notification requirements.At least once every three years after a child support order is established, reviewed, or modified, Oklahoma Department of Human Services (DHS) Child Support Services (CSS) notifies all parties in a full-service case of the right to request a review of the child support order and the process for requesting a review.

(c) Authority for review.CSS conducts a review every three years in cases with a Temporary Assistance for Needy Families (TANF) assignment.CSS determines the tribunal with jurisdiction under subsection (e) of the Full Faith and Credit for Child Support Orders Act, codified in Section 1738B(e) of Title 28 of the United State Code (28 U.S.C. § 1738B(e)) and the Uniform Interstate Family Support Act (UIFSA) in 43 O.S. §§ 601-101 through 601-903 to modify the order.¢ 1When another tribunal has jurisdiction to modify the child support order, CSS follows the provisions in (j) of this Section.When Oklahoma has jurisdiction to modify the child support order, CSS follows the provisions of this subsection.CSS completes the review and modification process within 180-calendar days after a request is received or the non-requesting party is located, whichever is later.

(d) Initiation of review.

(1) CSS reviews an order upon written request by a customer or on its own initiative:

(A) when there is a material change in circumstancesper 43 O.S. § 118I; or

(B) per 56 O.S. § 237 when the evidence in the case justifies a modification as per OAC 340:25-5-198.2, regardless of whether there is a change of circumstances.; or¢ 2 through 5

(C) per Section 303.8 of Title 45 of the Code of Federal Regulations and OAC 340:25-5-178(k), when the NCP is incarcerated.

(2) CSS notifies the parties of the review with instructions for submitting financial and other information required for the review.

(3) CSS does not initiate a review upon customer request when:

(A) the non-initiating party is not located;

(B) it has been less than 12 months since the child support order was established, reviewed, or modified unless there is a material change of circumstances;

(C) the preliminary information indicates the change of circumstances will not significantly impact the child support amount or the change of circumstances is temporary; or

(D) there is evidence the monthly child support amount or judgment payment is based on a noncustodial parent's (NCP) ability to pay and the NCP is working in a job consistent with his or her education and training.

(4) When CSS determines the customer review request does not meet the provisions in (1) of this subsection, CSS provides available pro se self-help modification forms to the customer.

(5) CSS does not seek an upward modification of a child support order or a judgment payment upon request when an NCP is:

(A) employed full-time in an occupation consistent with his or her education and training;

(B) ordered to pay more than 20 percent of his or her gross income; and

(C) is not paying the full court-ordered monthly child support amount.

(e) Medical enforcement only (MEO) cases.

(1) When either the custodial person or the noncustodial parent requests a review, CSS changes the services offered from an MEO to a full-service case.CSS notifies the parties of the change in services provided.

(2) When the non-applicant requests the review, the non-applicant must complete Form 03EN001E, Application for Child Support Services, per OAC 340:25-5-110.1.

(f) Initial review.Within 15-calendar days after receiving a request for a review, CSS determines if the criteria described in (d)(1) of this Section are met.CSS notifies the requesting person when the criteria for review are not met.If the criteria are met, CSS may:

(1) request further information as necessary from the parties; or

(2) proceed with the review process when CSS considers it has information sufficient to complete the process.

(g) Final review.Within 30-calendar days after the deadline for the parties to submit requested financial and other information to CSS, per (d) of this Section, CSS completes the review process and notifies parties of its determination as to whether the support order should be modified.¢ 4

(h) Modification after review.CSS staff follows OAC 340:25-5-198.2 to determine if the child support order is modified after the review process is complete.

(i) Termination of the review process.

(1) The person requesting a review may withdraw the request after the review process begins, upon CSS approval.CSS does not accept requests to withdraw the review after making a determination that the child support order be modified.

(2) When the requesting person fails to supply information requested by CSS as instructed, CSS may terminate the review process, unless CSS or the non-requesting party requests the process continue.¢ 6

(3) When the review is initiated by CSS, failure of the parties to return requested information does not stop the review process.CSS proceeds, using the best information available.

(j) Interstate cases.

(1) When a tribunal other than an Oklahoma district or administrative court has jurisdiction under UIFSA to modify an order, CSS obtains the information necessary for the review.

(A) CSS transmits the documents to the Title IV-D agency in the other state within 20-calendar days after receipt of the request to modify the order and of the completed documents from the person requesting the modification.¢ 7

(B) CSS issues and enforces a subpoena to compel compliance with the request for documents if the non-requesting party fails to return the required documents or CSS is unable to obtain the necessary information to proceed and an Oklahoma tribunal has personal jurisdiction over the non-requesting party.

(C) CSS may terminate the review process in an interstate case per (i) of this Section and 43 O.S. §§ 601-611 and 601-615.

(2) When Oklahoma has jurisdiction to modify the order of another state or foreign country per 43 O.S. § 601-102, the order is registered in Oklahoma for modification per 28 U.S.C. § 1738B(i) and 43 O.S. §§ 601-609 through 601-616.

INSTRUCTIONS TO STAFF 340:25-5-198.1

Revised 9-15-169-15-18

1.Controlling order.

(1) When Oklahoma is the only state that entered a child support order and both parents reside in Oklahoma, the modification occurs in Oklahoma.

(2) Oklahoma Department of Human Services (DHS) Child Support Services (CSS) determines the controlling order and the proper forum state for a modification proceeding when:

(A) an order was entered outside of Oklahoma; or

(B) one or both parents reside outside of Oklahoma.

(3) To assist in determining the controlling order and the state of continuing exclusive jurisdiction, CSS staff uses the Worksheet to Determine Controlling Order and the Modification Worksheet on the CSS InfoNet.

(4) CSS staff may seek modification of the controlling order in an Oklahoma tribunal, even if another state or tribunal has jurisdiction to modify the order, when:

(A) an individual party or the child resides in Oklahoma;

(B) the custodial person (CP) and noncustodial parent (NCP) sign a written consent to jurisdiction; and

(C) CSS staff files a copy of the signed consent to jurisdiction with the Oklahoma and issuing tribunals.

2.When calculating the 12-month time period for initiating a review, CSS uses the date the order was entered to compute time periods.When an order is not entered after the review or modification process, CSS uses the completion date of the review to compute time periods.The 12-month time period does not apply when a CP or NCP enters or leaves active duty military service, per the Servicemembers Civil Relief Act, codified in Sections 501 through 596 of Title 50A of the United States Code.For information regarding military reservists called to active duty, refer to the federal Office of Child Support Enforcement (OCSE) Information Memorandum IM-01-09, available from the OCSE website at http://www.acf.dhhs.gov/programs/cse/pol/IM/2001/im-01-09.htm.

3.A material change of circumstances may include, but is not limited to:

(1) a change in residence or custody of one or more of the children listed in the child support order;

(2) a change of either parent's gross income;

(3) either parent receiving Social Security Administration disability benefits;

(4) a child reaching the age of majority per Section 112 of Title 43 of the Oklahoma Statutes (43 O.S. § 112);

(5) changes in child care expenses; or

(6) changes in court-ordered medical support, including:

(A) the cost of health insurance;

(B) cash medical support is no longer appropriate because health insurance is provided for the child(ren);

(C) health insurance is no longer available for the child(ren);

(D) health insurance is not accessible; or

(E) health insurance is not reasonable in cost; or

(7) when the NCP is incarcerated for at least 180-calendar days.

4.Review of child support order.

(1) Examples of cases where CSS may initiate a review of the child support order include, but are not limited to, when:

(A) a case includes a child(ren) receiving DHS child care subsidy benefits and the child support computation does not include any contribution toward child care expenses;

(B) a case does not include a medical support order, the cost, or availability of medical support changed;

(C) the joint custody order does not include a child support order;

(D) the child support guidelines were not followed;

(E) CSS staff has information from the CP that the NCP is not exercising the number of ordered overnights per 43 O.S. § 118E;

(F) a parent has a significant change in income, such as involuntary job loss or disability; or

(G) either parent becomes the recipient of Supplemental Security Income or Social Security Disability benefits.

(2) When an NCP notifies CSS that he or she now has physical custody of the child(ren), CSS staff follows the procedures in Oklahoma Administrative Code 340:25-5-201.1 for verification of this information.

(3) When CSS staff verifies a custody change for the child(ren), CSS initiates a review of the child support order.CSS staff does not initiate a review of the child support order if:

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

(B) the NCP is unable to provide convincing verification of a change in custody.

5.Examples of a temporary change of circumstances include, but are not limited to, a pattern:

(1) of frequent changes in physical custody of the child(ren); and

(2) or history of frequent job changes by the parent requesting the review.

6.When CSS terminates a review because a party fails to provide information requested by CSS, CSS does not consider the review completed.When a review is terminated and a party subsequently requests a review, CSS staff reviews the last order or completed review date to determine when it has been 12 months since the support order was reviewed at the request of a party.

7.CSS staff uses the Paperwork Checklist for Interstate Actions in the Interstate Actions Made Easy guide located on the CSS InfoNet to determine which forms to send to a responding state to request a modification.Prior to transmitting documents to a responding state, CSS calculates past child support, including interest; obtains certified copies of orders, and requires parties to complete necessary documents.CSS uses the documents in interstate cases prescribed by the federal OCSE Action Transmittals AT-05-03, AT-05-04 and AT-05-05, available from the OCSE website at http://www.acf.hhs.gov/programs/cse/pol/AT/2005/at-05-03.htm, http://www.acf.hhs.gov/programs/cse/pol/AT/2005/at-05-04.htm, and http://www.acf.hhs.gov/programs/cse/pol/AT/2005/at-05-05.htm.