COMMENT DUE DATE:
March 20, 2014
DATE:
February 12, 2014
Tammy Hall, CSS Programs Manager, (405) 522-0022
Dena Thayer, OIRP Programs Administrator, (405) 521-4326
Nancy Kelly, OIRP Policy Specialist, (405) 522-6703
RE:
APA WF 13-04
The proposed policy is Permanent . This proposal is subject to the Administrative Procedures Act
SUBJECT:
CHAPTER 25.OKLAHOMA CHILD SUPPORT SERVICES
Subchapter 5. Operational Policies
Part 9. Disclosure of Information
OAC 340:25-5-67 [AMENDED]
Part 21. Establishment
OAC 340:25-5-178. [AMENDED]
Part 22. Review and Modification
OAC 340:25-5-198.1 through 340:25-5-198.2 [AMENDED]
(Reference WF 13-04)
SUMMARY:
The proposed amendments to Chapter 25 Subchapter 5 amend the rules to implement policy changes recommended during the annual Child Support Services (CSS) policy review process.
OAC 340:25-5-67 is amended to add federal citations that direct staff to comply with federal Internal Revenue Service safeguarding information requirements.
OAC 340:25-5-178 is amended to add language that CSS may request the court deviate from the Oklahoma child support guidelines amounts when requesting the court enter or modify child support orders in a noncustodial parent's (NCP) multiple cases.
OAC 340:25-5-198.1 is amended to add language that CSS reviews an order for child support when the evidence in the case justifies a modification per OAC 340:25-5-198.2.
OAC 340:25-5-198.2 is amended to:(1) add legal citations; (2) add language that CSS seeks a modification per Section 237 of Title 56 of the Oklahoma Statutes (56 O.S. § 237), regardless of whether there has been a change of circumstances; and (3) CSS considers the amount of cases a noncustodial person has and if an adjustment is needed to maximize a noncustodial parent's available income to meet the current child support obligations in each of the NCP's cases.
PERMANENT APPROVAL:
Permanent rulemaking is requested.
LEGAL AUTHORITY:
Director of Human Services; 56 O.S. § 162; Social Security Act (SSA), codified at Chapter 7 of Title 42 of the United States Code (42 U.S.C. §§ 301- 1397mm); Child Support Performance and Incentive Act of 1998, Public Law (Pub. L.) 105-200; 42 U.S.C. §§ 653, 654, 656, 666;28 U.S.C. § 1738B; Section 302 of Title 45 of the Code of Federal Regulations (45 C.F.R. § 302); 45 C.F.R. § 303; 31 C.F.R. § 285.3; 56 O.S. §§ 183 and 231-240.23; 43 O.S. §§ 112, 118-118I, 119, 601-611, 601-613, and 601-615.
Rule Impact Statement
To:Programs Administrator
Office of Intergovernmental Relations and Policy
From:Gary W. Dart, Division Director
Oklahoma Child Support Services
Date:January 24, 2014
Re:CHAPTER 25.OKLAHOMA CHILD SUPPORT SERVICES
Subchapter 5. Operational Policies
Part 9. Disclosure of Information
OAC 340:25-5-67 [AMENDED]
Part 21. Establishment
OAC 340:25-5-178. [AMENDED]
Part 22. Review and Modification
OAC 340:25-5-198.1 through 340:25-5-198.2 [AMENDED]
(Reference WF 13-04)
Contact:Tammy Hall, Programs Manager, 405-522-0022.
A.Brief description of the purpose of the proposed rule:
Purpose.The proposed amendments to Chapter 25 Subchapter 5 amend the rules to implement policy changes recommended during the annual Child Support Services (CSS) policy review process.
Strategic Plan impact.The proposed amendments support Oklahoma Department of Human Services (DHS) goals of assisting customers in becoming independent, productive citizens; providing services that support and strengthen the family and protect its members; and continuously improving systems and processes to achieve agency goals.The proposed rules comply with federal requirements and position CSS to improve services to its customers.They support the CSS strategic plan of promoting healthy families that work together to provide a physical, emotional, and financially secure environment for their children.
Substantive changes.
OAC 340:25-5-67 is amended to add federal citations that direct staff to comply with federal Internal Revenue Service safeguarding information requirements.
OAC 340:25-5-178 is amended to add language that CSS may request the court deviate from the Oklahoma child support guidelines amounts when requesting the court enter or modify child support orders in a noncustodial parent's (NCP) multiple cases.
OAC 340:25-5-198.1 is amended to add language that CSS reviews an order for child support when the evidence in the case justifies a modification per OAC 340:25-5-198.2.
OAC 340:25-5-198.2 is amended to:(1) add legal citations; (2) add language that CSS seeks a modification per Section 237 of Title 56 of the Oklahoma Statutes (56 O.S. § 237), regardless of whether there has been a change of circumstances; and (3) CSS considers the amount of cases a noncustodial person has and if an adjustment is needed to maximize a noncustodial parent's available income to meet the current child support obligations in each of the NCP's cases.
Reasons.The proposed amendments update and clarify CSS rules in accordance with state and federal laws and regulations and provide staff with clear guidance in implementation procedures, in order to: (1) provide improved child support services that meet or exceed customer needs and expectations, positioning CSS to be sought out as a family's counsel of choice; (2) address needs identified in the CSS annual review of rules; (3) improve the collection of support payments; and (4) update legal authorities and citations.
Repercussions.The proposed rules will contribute to the health, safety, and well-being of children entitled to support and promotes healthy families by increasing program efficiency.Failure to adopt these rules could cause hardships on families and negatively impact the services CSS provides.
Legal authority.Director of Human Services; 56 O.S. § 162; Social Security Act (SSA), codified at Chapter 7 of Title 42 of the United States Code (42 U.S.C. §§ 301- 1397mm); Child Support Performance and Incentive Act of 1998, Public Law (Pub. L.) 105-200; 42 U.S.C. §§ 653, 654, 656, 666;28 U.S.C. § 1738B; Section 302 of Title 45 of the Code of Federal Regulations (45 C.F.R. § 302); 45 C.F.R. § 303; 31 C.F.R. § 285.3; 56 O.S. §§ 183 and 231-240.23; 43 O.S. §§ 112, 118-118I, 119, 601-611, 601-613, and 601-615.
Permanent rulemaking approval is requested effective July 1, 2014.
B.A description of the classes of persons who most likely will be affected by the proposed rule, including classes that will bear the costs of the proposed rule, and any information on cost impacts received by the Agency from any private or public entities:The classes of persons most likely to be affected by the proposed rules are children entitled to support, noncustodial parents who owe child support, custodial persons who are owed child support, taxpayers, courts, and attorneys in private practice.The affected classes of persons will bear no costs associated with implementation of the rules.
C.A description of the classes of persons who will benefit from the proposed rule:The classes of persons who will benefit are noncustodial parents, custodial persons, children, employers, courts, and taxpayers.
D.A description of the probable economic impact of the proposed rule upon the affected classes of persons or political subdivisions, including a listing of all fee changes and, whenever possible, a separate justification for each fee change:There are no fee changes associated with the proposed rules.
E.The probable costs and benefits to the Agency and to any other agency of the implementation and enforcement of the proposed rule, the source of revenue to be used for implementation and enforcement of the proposed rule and any anticipated effect on state revenues, including a projected net loss or gain in such revenues if it can be projected by the Agency:The probable cost to DHS includes the cost of printing and distributing the rules and training materials estimated to be under $100 and is within the current budget and requires no additional funding.Any costs of implementation are expected to be offset by an increase in collections.These proposals do not increase any agency's duties or need for additional full-time employee.The revised rules will result in enhanced establishment and enforcement of child support orders and allow CSS to improve overall services to its customers.The proposed rules should not have any substantial effect on state revenues.
F.A determination whether implementation of the proposed rule will have an impact on any political subdivisions or require their cooperation in implementing or enforcing the rule:The proposed rules do not have an economic impact on any political subdivision, nor will the cooperation of any political subdivisions be required in implementation or enforcement of the rules.
G.A determination whether implementation of the proposed rule will have an adverse economic effect on small business as provided by the Oklahoma Small Business Regulatory Flexibility Act:There are no anticipated adverse effects on small business as provided by the Oklahoma Small Business Regulatory Flexibility Act.
H.An explanation of the measures the Agency has taken to minimize compliance costs and a determination whether there are less costly or nonregulatory methods or less intrusive methods for achieving the purpose of the proposed rule:The proposed rules are intended to minimize compliance costs and intrusive regulations while fully complying with state and federal mandates.There are no less costly or nonregulatory methods nor less intrusive methods to achieve full compliance.
I.A determination of the effect of the proposed rule on the public health, safety, and environment and, if the proposed rule is designed to reduce significant risks to the public health, safety, and environment, an explanation of the nature of the risk and to what extent the proposed rule will reduce the risk:The proposed rules are intended to comply with state and federal child support mandates, thereby increasing program effectiveness and contributing to the health, safety, and well-being of children entitled to child support.
J.A determination of any detrimental effect on the public health, safety, and environment if the proposed rule is not implemented:The proposed rules are intended to comply with state and federal child support mandates, thereby contributing to the health, safety, and well-being of children entitled to child support.Failure to adopt these rules could result in confusion and delay in providing support order establishment, modification, and enforcement of support orders; and unnecessary expenditures of public funds to provide support for children that could otherwise be provided by noncustodial parents.
K.The date the rule impact statement was prepared and, if modified, the date modified:Prepared June 3, 2013; modified 8-1-13; modified January 24, 2014.
CHAPTER 25. OKLAHOMA CHILD SUPPORT SERVICES
SUBCHAPTER 5. OPERATIONAL POLICIES
PART 9. DISCLOSURE OF INFORMATION
340:25-5-67. Information disclosure
Revised 7-1-137-1-14
(a) Confidentiality.All applications, information and records concerning any applicant or recipient obtained pursuant to law or as authorized by law by the Department of Human Services or any other public or private entity shall be confidential per Section 183 of Title 56 of the Oklahoma Statutes (56 O.S. § 183).
(1)All files and records concerning the assistance or services provided under the child support program or concerning an alleged father of a child born out of wedlock are confidential per 56 O.S. § 237, except as otherwise authorized by law.
(2) Any information Oklahoma Department of Human Services (DHS) Child Support Services (OCSS) obtains from federal or state agencies is subject to limitations on disclosure imposed by laws governing the information received from those agencies.OCSS complies with the limitations imposed by federal laws and regulations per Section 653 of Title 42 of the United States Code (42 U.S.C. § 653), Section 285.3 of Title 31 of the Code of Federal Regulations (31 C.F.R. § 285.3), and Internal Revenue Service Publication 1075.
(3) Nothing in this Section authorizes disclosure of the location or information that may lead to discovery of the location of a case participant with a family violence indicator per Oklahoma Administrative Code (OAC) 340:25-5-67.1.
(4) OCSS redacts personal information, including Social Security and driver's license numbers, from court documents prior to filing them, pursuant to Rule 31 of the Rules for District Courts of Oklahoma.
(b) Authorized disclosure.Information, when requested per OAC 340:25-5-68, may be shared with:
(1) persons duly authorized by the United States in connection with the performance of their official duties per 56 O.S. § 183, including, but not limited to:
(A) exchange of information to the extent necessary to carry out the state agency Title IV-D program responsibilities directly and through statewide automated data processing and information retrieval networks within the Oklahoma Department of Human Services (OKDHS), with authorized representatives of OKDHS programs and other state agencies, other states and countries, and federal and tribal agencies;
(B) exchange of information directly and through statewide automated data processing and information retrieval networks with OKDHS representatives and other state agencies administering programs under Titles IV-A through IV-E, XIX, and XXI of Chapter 7 of Title 42 of the United States Code U.S.C., and the Supplemental Nutrition Assistance Program (SNAP) to the extent necessary to carry out the responsibilities of those agencies;
(C) release of information received from the Federal Parent Locator Service, through the State Parent Locator Service, to an authorized person per 42 U.S.C. § 663 representing:
(i) agencies administering or enforcing programs under Titles IV-B and IV-E of Subchapter IV of Chapter 7 of Title 42 of the United States Code U.S.C. to the extent necessary to carry out state agency Titles IV-B and IV-E responsibilities; and
(ii) the United States or Oklahoma for purposes of enforcing or prosecuting any federal or state law with respect to the unlawful taking or restraint of a child, or any court or agent of such court having jurisdiction to make or enforce a child custody or visitation determination; and
(D) release of Social Security numbers for child support purposes, such as:
(i) locating the parents;
(ii) submitting cases for federal administrative and income tax refund offset;
(iii) state income tax refund offset;
(iv) financial institution data match;
(v) enrolling children as beneficiaries of health insurance coverage; and
(vi) processing interstate child support services;
(2) parties to a child support case, their attorneys, interpreters, and authorized representatives, who may only access:
(A) pay records and payment calculations;
(B) documents, exhibits, worksheets, and supporting documents filed with the court and any administrative documents that are part of the order Order, such as guideline worksheets and financial affidavits;
(C) specific case activity in the course of providing child support enforcement services, such as the number and dates of locate attempts, and establishment and enforcement of child support or medical support orders;
(D) information required by Titles Title 43 or 56 of the Oklahoma Statutes disclosed for the purpose of reviewing, establishing, or modifying a support order;
(E) information necessary to enroll children as beneficiaries of court-ordered health insurance coverage;
(F) information necessary to access court-ordered health care coverage and obtain health care for the children; and
(G) address of record for service of process per 43 O.S. § 112A.The address of record must only be released per OAC 340:25-5-340.1;
(3) employers and plan administrators, who may only access information necessary to enroll children as beneficiaries of court-ordered health insurance coverage; and
(4) persons as directed by court order or by a subpoena approved by an O a CSS state's attorney.
340:25-5-178. Establishment of current child support
Revised 7-1-127-1-14
(a) Oklahoma Department of Human Services (DHS) Child Support Services (OCSS) 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 Sections 231 through 240.23 of Title 56 of the Oklahoma Statutes; and 56 O.S. §§ 231 through 240.23.
(b) OCSS uses the child support guidelines in Sections 118 and 119 of Title 43 of the Oklahoma Statutes 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 OCSS and published by the Administrative Office of the Courts on the Oklahoma State Courts Network Web site website per Section 120 of Title 43 of the Oklahoma Statutes 43 O.S. § 120.
(c) Per Section 118 of Title 43 of the Oklahoma Statutes 43 O.S. §§ 118-118I, OCSS 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 child support orders that are fair and equitable.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.
(d) To establish the amount of current support, OCSS considers "actual" child care expenses to be the amount paid to the child care provider by the custodial person (CP) except when subsection (e) of this Section applies.OCSS 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 noncustodial parent NCP becomes part of the fixed monthly child support obligation.
(e) When the custodial person CP is participating in the OKDHS Child Care Subsidy Program per Section 230.50 of Title 56 of the Oklahoma Statutes 56 O.S. § 230.50, OCSS uses OKDHS Appendix C‑4, Page 1, Child Care Eligibility/Rates Schedule, 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. [43 O.S. § 118]
(1) OCSS considers the noncustodial parent's NCP's share of the base monthly obligation for child support and the custodial person's CP's gross monthly income as the custodial person's CP's monthly income when applying Appendix C-4.Upon selecting the applicable income level on Appendix C-4, Page 1, OCSS uses the corresponding family share co-payment amount based on the number of children in OKDHS subsidized child care.OCSS allocates the family share co-payment amount indicated on Appendix C-4, Page 1, in the same proportion as base child support.OCSS staff perform performs a separate child support guidelines calculation for each noncustodial parent NCP.
(2) If the custodial person CP has a child(ren) in OKDHS subsidized child care other than a child(ren) included in the child support case being established, OCSS uses the proportionate share of the family share co-payment for the child(ren) included in the case.
(f) OCSS establishes child support orders in deprived court actions per Section 1-4-702 of Title 10A of the Oklahoma Statutes 10A O.S. § 1-4-702 and prepares the child support order on the standard child support order form prescribed by OCSS and published by the Administrative Office of the Courts on the Oklahoma State Courts Network Web site website.
(g) OCSS establishes child support orders for a child(ren) for whom child support is imposable under applicable law.
(h) When the noncustodial parent NCP is a minor, OCSS establishes paternity per Oklahoma Administrative Code (OAC) 340:25-5-176 if when necessary and establishes a child support order.If When a minor noncustodial parent NCP or a custodial person CP is under 16 years of age, OCSS does not impute gross income for the minor parent in the child support computationand only usesactual income.If When a minor noncustodial parent NCP or custodial person CP is between 16 and 18 years of age and regularly and continuously attending high school, unless it is otherwise inappropriate, OCSS uses either the greater of imputed gross income for the minor parent(s) parent based on minimum wage at 20 hours per week, or actual income.
(i) OCSS enforces child support orders for adults with disabilities under Section 112.1A of Title 43 of the Oklahoma Statutes per 43 O.S. § 112.1A.
(j) OCSS establishes or modifies child support orders to continue after the child reaches the age of majority per Section 112.1A of Title 43 of the Oklahoma Statutes 43 O.S. § 112.1A if when the application or referral for Title IV-D services is received during the period when child support is due per Section 112 of Title 43 of the Oklahoma Statutes 43 O.S. § 112.
(k) OCSS establishes a child support and medical support order on an incarcerated noncustodial parent NCP and requests the court order that the child support obligation begin begins the first day of the month following a lapse of 45 calendar days from release from incarceration.OCSS requests the court reserve the amount of child support for the time period prior to the entry of the court order as per OAC 340:25-5-179.1 through the time of incarceration to the date the current child support obligation begins.
(l) When OCSS establishes a child support order for a child of a noncustodial parent NCP or a custodial person 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 50A U.S.C. §§ 501 through 596.
(m) OCSS does not impute gross income to a person who has been determined disabled by the Social Security Administration.
(n) When a default order for child support has been ordered and either party contacts OCSS in writing within 30 calendar days of entry of the default order and provides information to calculate an accurate child support obligation, OCSS treats the request as a motion to vacate or modify and requests the court enter a new order consistent with the evidence presented.
340:25-5-198.1. Review of a child support order
Revised 7-1-14
(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 Section Sections 118-118I through and 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 (OCSS) 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.OCSS conducts a review every three years in cases with a Temporary Assistance for Needy Families (TANF) assignment.OCSS determines the tribunal with jurisdiction under subsection (e) of the Full Faith and Credit for Child Support Orders Act (FCCSOA), 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 Sections 601-101 through 601-901 of Title 43 of the Oklahoma Statutes 43 O.S. §§ 601-101 through 601-901 to modify the order.If When another tribunal has jurisdiction to modify the child support order, OCSS follows the provisions in (j) of this Section.If When Oklahoma has jurisdiction to modify the child support order, OCSS follows the provisions of this subsection.OCSS 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) OCSS reviews an order upon written request by a customer or on its own initiative when the non-initiating party is located and there has been a material change in circumstances per Section 118I of Title 43 of the Oklahoma Statutes.OCSS notifies the parties of the review with instructions for submitting financial and other information required for the review.OCSS does not initiate a review upon customer request when:
(A) when there has been a material change in circumstances per 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 has been a change of circumstances.
(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;
(A)(B) it has been less than 12 months since the child support order was established, reviewed, or modified unless there has been a material change of circumstances; and or
(B)(C) the preliminary information indicates the change of circumstances will not significantly impact the child support amount or the change of circumstances is temporary.
(2)(4) When OCSS determines the customer review request does not meet the provisions in paragraph (1) of this subsection, OCSS provides available pro se self-help modification forms to the customer.
(e) Medical enforcement only (MEO) cases.
(1) When either the custodial person or the noncustodial parent requests a review, OCSS changes the services offered from an MEO to a full-service case.OCSS notifies the parties of the change in services provided.
(2) When the noncustodial parent non-applicant requests the review, the noncustodial parent 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, OCSS determines if the criteria described in paragraph (1) of subsection (d) of this Section are met.OCSS notifies the requesting person if when the criteria for review are not met.If the criteria are met, OCSS may:
(1) request further information as necessary from the parties; or
(2) proceed with the review process when OCSS 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 OCSS under (d)(1) of this Section, OCSS completes the review process and notifies parties of its determination as to whether the support order should be modified.
(h) Modification after review.OCSS staff follow 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 by OCSS.OCSS does not accept requests to withdraw the review after making a determination that the child support order be modified.
(2) If When the requesting person fails to supply information requested by OCSS as instructed, OCSS may terminate the review process, unless OCSS or the non-requesting party requests the process continue.
(3) When the review is initiated by OCSS, failure of the parties to return requested information does not stop the review process.OCSS 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, OCSS obtains the information necessary for the review.
(A) OCSS 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.
(B) OCSS 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 OCSS is unable to obtain the necessary information to proceed and an Oklahoma tribunal has personal jurisdiction over the non-requesting party.
(C) OCSS may terminate the review process in an interstate case as provided in subsection (g) per Sections 601-611 and 601-613 of Title 43 of the Oklahoma Statutes 43 O.S. §§ 601-611 and 601-613.
(2) If When Oklahoma has jurisdiction to modify the order of another state, Native American tribe, territory, or foreign country as defined by subsection (b) of FCCSOA, codified in Section 1738B(b) of Title 28 of the United States Code 28 U.S.C. § 1738B(b), the order is registered in Oklahoma for modification per Section 28 U.S.C. § 1738B(i) and Sections 601-609 through 601-613 of Title 43 of the Oklahoma Statutes 43 O.S. §§ 601-609 through 601-613.
340:25-5-198.2. Modification
Revised 7-1-117-1-14
(a) Authority for modification.Oklahoma Department of Human Services (DHS) Child Support Services (OCSS) may initiate modification of a child support order per Sections 112, 118,-118I, 118.1, 119, 601-611, 601-613, and 601-615 of Title 43 of the Oklahoma Statutes (43 O.S. §§ 112, 118-118I, 118.1, 119, 601-611, 601-613, and 601-615) and 56 O.S. § 237 in the appropriate tribunal when facts indicate modification is warranted under applicable state or federal law or regulation.
(b) Modification of child support order.OCSS seeks a modification when the existing support order is not in compliance with the child support guidelines because:
(1) there has been a material change in circumstances per 43 O.S. § 118I including, but not limited to:
(A) a change in either parent's gross income or in the parents' contributions to the monthly child support amount, such as child care expenses or medical support;
(B) a child reaching the age of majority per 43 O.S. § 112;
(C) a component of or the new current child support amount is 20 percent higher or lower than the existing order;
(2)(D) there is a change in physical custody verified per Oklahoma Administrative Code (OAC) 340:25-5-201.1;
(3) the original order fails to set child support according to the guidelines; or
(4)(E) one of the parents is determined disabled by the Social Security Administration and the parent is receiving Supplemental Security Income or Social Security Disability Income; or
(2) per 56 O.S. § 237 when the evidence in the case justifies a modification regardless of whether there has been a change of circumstances including, but not limited to, when:
(A) the original order fails to set child support according to the guidelines; or
(B) an adjustment is needed to maximize a noncustodial parent's (NCP's) available income to meet the current child support obligations in each of the NCP's cases.
(c) Modification of medical support order.
(1) OCSS seeks a modification of an order for medical support when:
(A) there is no existing order for either parent to provide dependent health care coverage.OCSS initiates a modification of a support order to require either or both parents to provide dependent health care coverage when OCSS obtains information that the child(ren) is not covered under an existing health care plan other than SoonerCare (Medicaid), regardless of whether the coverage is currently available to either parent;
(B) the availability of medical insurance changes;
(C) there is an order for the custodial person to provide medical support for the minor child(ren) and enforcement of the order is not appropriate per Section 139.1 of Title 43 43 O.S. § 139.1 or Section 566 of Title 21 of the Oklahoma Statutes 21 O.S. § 566;
(D) an order for the noncustodial parent NCP to provide medical insurance and the release of information necessary for enrollment of the child is inappropriate due to family violence and a cash medical order is appropriate per OAC 340:25-5-198; or
(E) there is an order for a parent to provide medical insurance, the applicant for child support services has not requested services against that parent, and the ordered parent is not actually providing medical insurance for the child.
(2) When OCSS participates in the modification of a child support order filed by a party, OCSS requests that the court order contain a provision for medical support consistent per OAC 340:25-5-168.
(3) When a child support order exists, OCSS considers a request to establish a medical support order as a request for modification of the order per Section 118.1 of Title 43 of the Oklahoma Statutes 43 O.S. § 118.1.OCSS seeks a medical support order in a tribunal that has jurisdiction to modify the child support order and follows procedures per OAC 340:25-5-198.1.
(4) When cash medical support is ordered as part of a modification action, OCSS requests that a cash medical support order be effective the first day of the month following the date the modification order is entered.
