COMMENT DUE DATE:
March 19, 2015
DATE:
February 9, 2015
Tammy Hall, CSS (405) 522-0022
Nancy Kelly, OIRP Policy Specialist (405) 522-6703
RE:
APA WF 14-10
The proposed policy is Permanent .
SUBJECT:CHAPTER 25. CHILD SUPPORT SERVICES
Subchapter 1. Scope and Applicability
OAC 340:25-1-3.1 [AMENDED]
Subchapter 5. Operational Policies
Part 9. Disclosure of Information
OAC 340:25-5-67 [AMENDED]
Part 15. Case Initiation, Case Management, and Case Closure
OAC 340:25-5-123 [AMENDED]
Part 17. Past Support
OAC 340:25-5-140.2 [NEW]
Part 20. Medical Support
OAC 340:25-5-168 [Amended]
Part 21. Establishment
OAC 340:25-5-176 through 340:25-5-176.1 [AMENDED]
OAC 340:25-5-178 [AMENDED]
OAC 340:25-5-179.1 [AMENDED]
Part 22. Review and Modification
OAC 340:25-5-198.2 [AMENDED]
Part 23. Enforcement
OAC 340:25-5-212 [AMENDED]
Part 27. State Tax Refund Offset Program
OAC 340:25-5-235 [AMENDED]
Part 37. Recovery
OAC 340:25-5-305 [AMENDED]
Part 38. Title IV-D and Non-IV-D Central Case Registry Information
OAC 340:25-5-340 [AMENDED]
Part 39. Accounting and Distribution
OAC 340:25-5-350.1 [AMENDED]
OAC 340:25-5-350.3 [AMENDED]
(Reference WF 14-10)
SUMMARY:The proposed amendments to Chapter 25 Subchapters 1 and 5 amend the rules to: (1) implement policy changes recommended during the annual Child Support Services (CSS) policy review process; and (2) make non-substantive housekeeping changes to improve the clarity of rules.
PERMANENT APPROVAL:Permanent rulemaking is requested.
LEGAL AUTHORITY:Director of Human Services; Section 162 of Title 56 of the Oklahoma Statutes (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; 42 U.S.C. § 656-657; 42 U.S.C. § 664; 42 U.S.C. § 666; Parts 302 and 303 of Title 45 of the Code of Federal Regulations (45 C.F.R.); 45 C.F.R. § 303.21; 45 C.F.R. § 307.11; 45 C.F.R. § 303.11; 45 C.F.R § 205.2; 56 O.S. § 183; 43 O.S. § 112A; 70 O.S. §§ 3970.1-3970.12; 43 O.S. § 112; 10 O.S. §§ 7700-101-7700-902; 12 O.S. § 1031.1; 43 O.S. §§ 118-118.I; 43 O.S. § 119; 10 O.S. § 83; 68 O.S. § 205.2; 43 O.S. § 109.5; 56 O.S. § 171; 56 O.S. § 185; and 56 O.S. §§ 231-241; 31 O.S. § 1.
Rule Impact Statement
To:Programs administrator
Office of Intergovernmental Relations and Policy
From:Gary W. Dart, Director
Date:January 16, 2015
Re:CHAPTER 25. CHILD SUPPORT SERVICES
Subchapter 1. Scope and Applicability
OAC 340:25-1-3.1 [AMENDED]
Subchapter 5. Operational Policies
Part 9. Disclosure of Information
OAC 340:25-5-67 [AMENDED]
Part 15. Case Initiation, Case Management, and Case Closure
OAC 340:25-5-123 [AMENDED]
Part 17. Past Support
OAC 340:25-5-140.2 [NEW]
Part 20. Medical Support
OAC 340:25-5-168 [Amended]
Part 21. Establishment
OAC 340:25-5-176 through 340:25-5-176.1 [AMENDED]
OAC 340:25-5-178 [AMENDED]
OAC 340:25-5-179.1 [AMENDED]
Part 22. Review and Modification
OAC 340:25-5-198.2 [AMENDED]
Part 23. Enforcement
OAC 340:25-5-212 [AMENDED]
Part 27. State Tax Refund Offset Program
OAC 340:25-5-235 [AMENDED]
Part 37. Recovery
OAC 340:25-5-305 [AMENDED]
Part 38. IV-D and Non-IV-D Central Case Registry Information
OAC 340:25-5-340 [AMENDED]
Part 39. Accounting and Distribution
OAC 340:25-5-350.1 [AMENDED]
OAC 340:25-5-350.3 [AMENDED]
(Reference WF 14-10)
Contact:Tammy Hall, Programs Manager 405-522-0022
A.Brief description of the purpose of the proposed rule:
The proposed amendments to Chapter 25 Subchapters 1, and 5 amend the rules to: (1) implement policy changes recommended during the annual Child Support Services (CSS) policy review process; and (2) make non-substantive housekeeping changes to improve rule clarity.
Strategic Plan Impact.
The proposed amendments support Oklahoma Department of Human Services (DHS) goals of assisting customers in becoming independent, employed, productive citizens; providing services that support and strengthen the family and protect its members; providing services in community-based settings; 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 through better communication and fuller cooperation with other service providers.They support the CSS strategic plan to increase current support collected, to promote high quality customer service, and to improve performance measures necessary to maintain and improve the child support program.
Substantive changes.
Oklahoma Administrative Code (OAC) 340:25-1-3.1 is amended to: (1) removed a designated authorized representative ability to negotiate, compromise, or settle the child support case on behalf of the customer; (2)general language clean-up; and (3) amend Instructions to Staff (ITS) to recognize a legally sufficient written release of information in lieu of a power of attorney.
OAC 340:25-5-67 is amended to add language to clarify that information may be shared with a customer’s attorney, interpreters, and authorized representatives for the purpose of enforcing a support order or judgment.
OAC 340:25-5-123 is amended to add language that CSS, prior to closing a case: (1) resolves specific enforcement actions; and (2) reviews for family violence and follows OAC 340:25-5-67.1.
OAC 340:25-5-140.2 is added to: (1) offer an Oklahoma Child Support College Savings Incentive program that allows CSS to waive state arrears in exchange for contributions made to the special Oklahoma 529 College Savings Plan; (2) create a legal authority section; and (3) explain eligibility requirements for the Oklahoma Child Support College Savings Incentive Program and program details.
OAC 340:25-5-168 is amended to change the calculation of cash medical support from the combined gross income of both parents to the gross income of the non-custodial parent (NCP).
OAC 340:25-5-176 is amended to: (1) add language explaining the process CSS pursues when there are multiple alleged fathers before requesting the court enter a default paternity order; (2) add language that CSS does not request a paternity order when the alleged father is the case applicant and the custodial person (CP) objects; and (3) clean-up legal authority citations and general language.
OAC 340:25-5-176.1 is amended to: (1) clarify when CSS objects in a paternity challenge when there is an acknowledged, a presumed, or an adjudicated father; (3) clean-up legal authority citations and general language throughout the rule; and (4) removed language in ITS referring staff to the Uniform Parentage Act Guide.
OAC 340:25-5-178 is amended to: (1) add language on how to determine gross income amount for the child support computation form; (2) update process for establishing and modifying a child support order for an incarcerated NCP; (3) add language permitting CSS to request the court enter a temporary child support amount while an NCP is incarcerated; (4) explain when and how an NCP can request a review of a pre-incarceration child support order upon release; (5) add language that CSS does not apply its incarceration rule when an NCP is incarcerated for crimes against the CP or child; (6) add taglines throughout the rule and clean-up general language; and (7) remove obsolete language from ITS.
OAC 340:25-5-179.1 supersedes the emergency rule and is amended to: (1) change the amount of time CSS establishes support for a prior period from five years to two years per 10 O.S. § 83 and 56 O.S. § 238.6B; and (2) general language clean-up.
OAC 340:25-5-198.2 is amended to: (1) explain that CSS seeks a modification when there is proof of a veteran’s disability compensation apportionment; and (2) add ITS referring staff to follow process in OAC 340:25-5-178 when a person is receiving Supplemental Security Income or when a veteran has apportioned disability compensation.
OAC 340:25-5-212 is amended to: (1) clarify when CSS refunds the levy fee; (2) broadens when CSS releases levy funds to include funds that are the property of a non-obligated account holder; (3) add language to exclude the input of the CP when the sources of funds are not explicitly mentioned in the rule when reviewing a case for release of a levy; (4) add language to clarify that CSS may levy other funds that are comingled with sources outlined in this rule; and (5) add ITS language explaining CSS can levy funds from sources not listed when those funds are in a comingled account; and (6) clean-up legal authority citations and general language.
OAC 340:25-5-235 is amended to: (1) remove repealed statute; and (2) clean-up legal authority citations and general language.
OAC 340:25-5-305 is amended to: (1) added that CSS may not recover overpayments for time periods under a court order for a case that was later dismissed; and (2) clean-up legal authority citations and general language.
OAC 340:25-5-340 is amended to: (1) add language that an address of record can be designated in the child support application;(2) simplify how customers update an address of record; (3) clean-up general language; and (4) add ITS clarifying which forms and documentation are appropriate to change an address of record.
OAC 340-25-5-350.1 is amended to: (1) add the process for over collected child support when CSS filed the modification; and (2) clean-up general language.
OAC 340:25-5-350.3 is amended to (1) add CSS does not honor an attorney lien or other collection remedy until the customer has opportunity for the exemptions to be determined per 31 O.S. §1; and (2) add language to clarify when an attorney's address has been designated as the address of record, CSS considers that to be an assignment of child support, and to list how child support payments are paid to the attorney in the address of record.
Reasons.
The proposed revisions are to update and clarify CSS rules to bring them into compliance 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) implement policy changes recommended during CSS's annual policy review process; (3) respond to legislative changes; (4) encourage noncustodial parents to provide consistent and reliable monthly child support; (5) supersede emergency rule that reduced the time CSS establishes support for a prior period from five years to two years; (6) update legal citations; and (7) clarify language and correct punctuation and syntax.
Repercussions.
The proposed rules will contribute to the health, safety, and wellbeing of children entitled to support and promote 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; Section 162 of Title 56 of the Oklahoma Statutes (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; 42 U.S.C. § 656-657; 42 U.S.C. § 664; 42 U.S.C. § 666; Parts 302 and 303 of Title 45 of the Code of Federal Regulations (45 C.F.R.); 45 C.F.R. § 303.21; 45 C.F.R. § 307.11; 45 C.F.R. § 303.11; 45 C.F.R § 205.2; 56 O.S. § 183; 43 O.S. § 112A; 70 O.S. §§ 3970.1-3970.12; 43 O.S. § 112; 10 O.S. §§ 7700-101-7700-902; 12 O.S. § 1031.1; 43 O.S. §§ 118-118.I; 43 O.S. § 119; 10 O.S. § 83; 68 O.S. § 205.2; 43 O.S. § 109.5; 56 O.S. § 171; 56 O.S. § 185; and 56 O.S. §§ 231-241; 31 O.S. § 1.
Permanent rulemaking approval is requested.
B.A description of the classes of persons who most likely will be affected by the proposed rule, including classes that will bear the costs of the proposed rule, and any information on cost impacts received by the Agency from any private or public entities: The classes of persons most likely to be affected by the proposed rules are children entitled to support, noncustodial parents who owe child support, custodial persons who are owed child support, taxpayers, courts, 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 revised 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, which is 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 FTE.The revised rules will result in enhanced establishment and enforcement of child support orders and allow CSS to improve overall services to its customers.These 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: These 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 or 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: These proposed rules are intended to comply with state and federal child support mandates, thereby increasing program effectiveness and contributing the health, safety, and wellbeing of children entitled to support.
J.A determination of any detrimental effect on the public health, safety, and environment if the proposed rule is not implemented: These proposed rules are intended to comply with state and federal child support mandates, thereby contributing to the health, safety, and wellbeing of children entitled to support.Failure to adopt these rules could result in confusion and delay in providing paternity, 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 January 16, 2015.
CHAPTER 25. CHILD SUPPORT SERVICES
SUBCHAPTER 1. SCOPE AND APPLICABILITY
340:25-1-3.1. Designation of an authorized representative
Revised 7-1-139-15-15
(a) A custodial person, noncustodial parent, or biological parent may designate a person as an authorized representative to:
(1) obtain child support case information and documents from Oklahoma Department of Human Services (DHS) Child Support Services (OCSS) (CSS) on his or her behalf; or
(2) both obtain case provide information and documents to CSS on his or her behalf and, when permitted by law, to negotiate, compromise, or settle the child support case by signing releases, agreements, and documents.
(b) OCSS CSS does not honor requests to designate as an authorized representative a person who has a conflict of interest that would result in the release of information he or she is otherwise not entitled to receive.¢ 1
(c) The information and documents an authorized representative may obtain are limited to those items the person represented may obtain per OAC Oklahoma Administrative Code 340:25-5-67.
(d) This Section does not allow an authorized representative to appear before the Oklahoma Department of Human Services DHS Office of Administrative Hearings: Child Support or the district court on behalf of the person represented unless specifically allowed by law.Further, nothing in this Section prevents OCSS CSS from requesting the court to enter a default order based on the person's failure to appear, even when the person's authorized representative is present.
(e) The authorized representative does not have to be an attorney.
(f) A person must complete and submit Form 03EN010E, Designation of Authorized Representative Designation, to OCSS CSS, before the representative may act or receive information orally or in writing on behalf of the person represented.A person may have only one authorized representative at any time.¢ 2 & 3
(g) Once OCSS CSS receives Form 03EN010E, OCSS CSS considers the designation in effect until OCSS CSS receives:
(1) a new Form 03EN010E designating another person as the authorized representative;
(2) written notice that the designation of an authorized representative is revoked; or
(3) written notice that the designator is deceased.
(h) OCSS CSS reserves the right to refuse to honor a designation of authorized representative.
INSTRUCTIONS TO STAFF 340:25-1-3.1
Revised 7-1-139-15-15
1.For example, when a noncustodial person (NCP) has multiple cases, custodial person (CP) 1 cannot be designated as the NCP's authorized representative because it would result in an unauthorized release of information to CP 1 regarding the cases of CP 2 and CP 3.
2.Under Per the Uniform Durable Power of Attorney Act, Sections 1071 through 1077 of Title 58 of the Oklahoma Statutes, if when a person has a Durable Power of Attorney (DPOA) (POA) approved by the district court or a legally sufficient written release of information, then Oklahoma Department of Human Services Child Support Services (OCSS) (CSS) recognizes the DPOA POA.OCSS CSS staff obtains a copy of the DPOA POA for an OCSS the state's attorney review.
3.Although a private collection agency's address may not be the address of record, per Oklahoma Administrative Code (OAC) 340:25-5-340, OCSS CSS staff may release to the private collection agency a record of payments if when the CP designates the collection agency as an authorized representative on Form 03EN010E, Designation of Authorized Representative Designation, to receive confidential information about the Title IV-D case on behalf of the CP.The information an authorized representative may receive is limited to information the CP in the case may receive per OAC 340:25-5-67.
4.(a) OCSS CSS staff may refuse to honor a designation of authorized representative when the authorized representative is disruptive to case processes, including, but not limited to:
(1) knowingly providing false information;
(2) disrupting court proceedings or office appointments; or
(3) threatening violence against OCSS CSS staff or other parties to a case.
(b) When OCSS CSS disallows a designation on a case under this Section, the individual is prohibited from being designated as an authorized representative for one year.
SUBCHAPTER 5. OPERATIONAL POLICIES
PART 9. DISCLOSURE OF INFORMATION
340:25-5-67. Information disclosure
Revised 9-15-149-15-15
(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
(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 (CSS) obtains from federal or state agencies is subject to limitations on disclosure imposed by laws governing the information received from those agencies.CSS complies with the limitations imposed by federal laws andregulations 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) CSS redacts personal information, including Social Security and driver's driver 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:¢ 2 & 3
(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 DHS, with authorized representatives of DHS 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 DHS 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 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 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¢ 4
(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:¢ 5 & 6
(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, 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 43 or 56 of the Oklahoma Statutes disclosed for the purpose of enforcing, reviewing, establishing, or modifying a support order or judgment;
(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 a CSSstate's attorney.¢ 7
INSTRUCTIONS TO STAFF 340:25-5-67
Revised 9-15-14
1.(a) No employee or agent of the Oklahoma Department of Human Services (DHS) accesses or uses confidential information or data obtained through the child support program except on a need to know basis in the performance of his or her official duties as a DHSemployee or agent.This information or data may not be used for personal amusement, curiosity, gain, benefit, or any other reason not directly related to the performance of official duties.
(b) Instances of inappropriate access or misuse of confidential information by:
(1) any DHS employee or agent are reported by DHS Child Support Services (CSS) staff to the employee or agent's supervisor; and
(2) a DHS agent are reported by CSS supervisors to the supervisor of the agent.
(c) Supervisors of DHS employees and supervisors of DHS agents must take appropriate action per DHS:2-1-7.
2.Release of information.
(1) CSS releases written child support payment information to housing authorities and other entities upon written authorization of the custodial person (CP) or noncustodial parent (NCP).District offices may coordinate this release of information to housing authorities with CSS Center for Customer Service.
(2) CSS releases information to Child Welfare Services (CWS) staff to facilitate the location of any individual who has or may have parental rights with respect to a child and may be a potential placement for the child.To assist CWS staff in carrying out child welfare responsibilities under Titles IV-B and IV-E programs, CSS staff provides the following information about the NCP, alleged father, CP, or child:
(A) name;
(B) Social Security number;
(C) address;
(D) employer's name, address, and identification (ID) number;
(E) income and benefits of employment, including health care coverage; and
(F) the type, status, location, and amount of assets or debts owed by or to the individual.
(3) CSS does not release Internal Revenue Service (IRS) information unless CSS obtained the information from another source.CSS limits disclosure of Federal Tax Information (FTI) per (1) through (4) of this subsection.
(A) Per IRS Publication 1075, limited information may be disclosed to CSS agents or contractors for the purpose of, and to the extent necessary in, establishing and collecting child support obligations from, and locating individuals owing such obligations.The information disclosure is limited to the:
(i) address;
(ii) Social Security number of an individual against whom CSS is seeking to establish or enforce child support obligations; and
(iii) amount offset from any tax refund otherwise payable to such individual per IRS Code Section 6402(c).
(B) When handling caseworker questions from other DHS offices or programs, CSS cannot specifically identify information about FTI.In response to an inquiry, staff may disclose the payment amount as a:
(i) non-regular payment from a non-wage source; or
(ii) one-time lump-sum payment.
(C) CSS is permitted to inform a CP or his or her authorized representative or attorney that CSS has received a federal income tax refund offset and the payment amount.CSS cannot provide the NCP address, wage data, or other FTI provided by the IRS.
(D) CSS is permitted to confirm to the NCP taxpayer or NCP's spouse and/or joint filer that CSS received a federal income tax refund offset.
(4) CSS may release Financial Institution Data Match (FIDM) information as to the amount and source of payment, such as a bank levy.CSS cannot disclose specific account information or details, such as the name of the bank.
(5) CSS releases information to entities, such as:
(A) agents administering the Welfare-to-Work Program;
(B) personnel in the juvenile court system, in order to assist with administering Titles IV-B and IV-E programs;
(C) law enforcement personnel prosecuting federal and state child support enforcement crimes, parental kidnapping, and statutory rape; and
(D) staff administering Title IV-A programs.
(6 CSS does not release information to law enforcement personnel prosecuting crimes unrelated to the provision of Title IV-D services per Oklahoma Administrative Code 340:25-1-1.2.
3.CSS staff may release general information that benefits were paid on behalf of the children to establish the fact that amounts are due to the state, that CSS is a necessary party, or that the case cannot be closed because benefits are being expended.When benefit information is contested, CSS state's attorneys may release information regarding the payment, amount, and dates of benefits paid on behalf of the children to the court per Section 237(H) of Title 56 of the Oklahoma Statutes (56 O.S. § 237(H)).CSS state's attorneys release information only to the extent necessary to establish amounts owed to the state.
4.Parent Locator Service.
(1) When a Child Protective Service Alert (CPSA or PSA) indicator appears during a search for history on a family in the KIDS or IMS system, as a PSA case type in KIDS and a CPSA designation in IMS on a CWS case, CSS staff releases locate information to DHS CWS at 405-521-3777.
(2) When CWS staff requests Federal Parent Locator Service (FPLS) information from CSS, CWS staff must submit a request to the State Parent Locator Service (SPLS) in the Programs Unit of CSS.For example, CWS staff may request locate information from SPLS to locate a non-parent for researching a possible placement for a deprived child.
(A) CSS staff directs authorized persons requesting FPLS information to submit their requests to the SPLS.
(B) The SPLS provides the information to the requester in person or by email, telephone, or letter rather than through the automated system.
(3) For further information concerning release of FPLS information, see the:
(A) Federal Register, Volume 69, Number 148, dated August 3, 2004;
(B) Federal Register, Volume 63, Number 162, dated August 21, 1998; and
(C) federal Office of Child Support Enforcement (OCSE) Action Transmittal AT-03-06, available from the OCSE website at http://www.acf.hhs.gov/programs/cse/pol/AT/2003/at-03-06.htm.
5.When a party to a child support case is represented by an attorney, per the Oklahoma Rules of Professional Conduct, Chapter 1, Appendix 3-A of Title 5 of the Oklahoma Statutes, CSS staff may not discuss the case with the party without the attorney's permission.When a represented party contacts CSS for information and CSS has not received the attorney's permission to communicate with the party, CSS may only release case information available in CSS records, including the:
(1) date and location of the next court hearing;
(2) status of service of process of pleadings on the other party in actions initiated by CSS; and
(3) child support payment information and arrearage balance information.
6.When a party who appears in the record to be represented by counsel claims to be unrepresented, CSS initiates contact with the attorney to confirm the status of the representation.
7.A subpoena is not a court order requiring automatic release of information.CSS state's attorneys review court orders and subpoenas before CSS releases information as directed by a court order or subpoena.
PART 15. CASE INITIATION, CASE MANAGEMENT, AND CASE CLOSURE
340:25-5-123. Case closure system
Revised 7-1-139-15-15
(a) Oklahoma Department of Human Services (DHS) Child Support Services (OCSS) (CSS) closes cases eligible for closure per Section 303.11 of Title 45 of the Code of Federal Regulations (45 C.F.R. § 303.11).¢ 1
(b) A child support case may not be closed when there is a pending paternity, establishment, or modification action filed with the court by OCSS CSS and the non-applicant has been served, unless the pending action is withdrawn or dismissed at the discretion of the OCSS CSS state's attorney.¢ 2
(c) A child support case may be closed when any of the criteria in (1) through (4) of this subsection applies.
(1) Less than $500 in court-ordered support is owed to the state, unless there has been a There is no current support order and arrears are unenforceable.Arrears are determined to be unenforceable when:
(A) collection during the past six months; or there has been no collection during the past year; and
(B) federal or state income tax refund intercept in the past 18 months the noncustodial parent (NCP) has no known or prospective income or assets.¢ 2 3 through 5
(2) The custodial person (CP) is participating in the Oklahoma Department of Human Services (OKDHS) DHS Child Care Subsidy Program, is not receiving Temporary Assistance for Needy Families (TANF) or non-TANF SoonerCare (Medicaid), requests closure, and (A) and (B) apply.
(A) There is a child support order.
(B) The CP is receiving the full amount of the current monthly child support obligation and has reported to his or her Adult and Family Services worker receipt of this child support income.¢ 36 & 47
(3) The CP is participating in the OKDHS DHS Child Care Subsidy Program, is receiving non-TANF SoonerCare (Medicaid) benefits for a child(ren) only, requests closure, and all the criteria in (2) of this subsection apply.¢ 1, 36 & 47
(4) noncustodial parent NCP is receiving Supplemental Security Income, has no income or assets to pay arrears, and the child support order is set at or modified to $0 per month due to the parent's disability and lack of income.¢ 58
(d) A child support case may be closed when the CP receives non-TANF SoonerCare (Medicaid) child-only benefits when:
(1) the case is received from the Oklahoma Health Care Authority as a referral, but OCSS CSS learns the CP desires to decline child support services and no service of process is initiated on a legal action filed by OCSS CSS to establish or enforce the child support order, including the medical support portion; or¢ 69
(2) the CP:
(A) cannot be located per 45 C.F.R. § 303.11(b)(10); or
(B) fails to cooperate and an action by the CP is essential for the next step in providing child support services per 45 C.F.R. § 303.11(b)(11).¢ 710
(e) The case applicant requests that a child support case be closed by submitting OCSS CSS Form 03GN542E, Case Closure Application for Case Closure – Child Support Services.When an Application for Case Closure a case closure application is received, OCSS CSS staff determines whether the case meets federal case closure criteria per 45 C.F.R. § 303.11.
(f) When OCSS CSS staff closes a case, OCSS CSS:¢ 8 &9
(1) terminates the Order or Notice to Withhold Income for Child Support with the employer per OAC Oklahoma Administrative Code (OAC) 340:25-5-201.1; ¢ 1011
(2) removes case balances ¢ 11resolves enforcement actions filed and CSS processes that are specific to the case being closed; and
(3) documents the date and amounts removed on the automated Oklahoma Support Information System Case Log (CSLOG) screen removes case balances reviews the Family Violence Indicator per OAC 340:25-5-67.1;¢ 13
(4) removes case balances; ¢ 14 and
(5) documents the date and amounts removed on the Oklahoma Support Information System Case Log (CSLOG) screen.
(g) Per 45 C.F.R. § 302.33 when Title IV-A Temporary Assistance for Needy Families (TANF), Title IV-E foster care, and non-TANF SoonerCare (Medicaid) services are discontinued, OCSS CSS notifies the recipient that OCSS CSS maintains a full-service child support case, unless the CP declines services in writing.If When the CP declines services in writing, OCSS CSS closes the case.If When the CP fails to respond, OCSS CSS maintains a full-service child support case.
INSTRUCTIONS TO STAFF 340:25-5-123
Revised 9-15-149-15-15
1.(a) Oklahoma Department of Human Services Child Support Services (CSS) staff follows the Case Initiation and Case Closure Child Support Manual, Case Closure Chapter for information on case closure.CSS staff accesses the Child Support Manual on the CSS InfoNet Home page.
(b) When CSS receives a written request for case closure for good cause by a non-applicant, district office management in consultation with the Family Violence Program Field Representative determine whether good cause is met using the criteria in Oklahoma Administrative Code (OAC) 340:10-10-6.
(c) When a 60 Day Closure Notice letter is required, CSS staff refers to the Case Closure Training Minute on the CSS InfoNet Home Page.
2.CSS staff does not close a case only because the applicant moves out-of-state.
3.When CSS staff reviews a case to determine whether the arrears are unenforceable, staff looks for any evidence for future collection.For example, CSS staff does not determine the arrears are unenforceable when the noncustodial parent (NCP):
(1) has pending insurance intercept collections;
(2) has assets or an inheritance on a pending estate subject to a child support claim;
(3) is receiving unemployment benefits; or
(4) owns assets, such as financial accounts or non-exempt real property with equity.
4.CSS staff does not proceed with closure using unenforceable arrears as the closure reason when the payment records show the NCP once a year:
(1) receives an income tax refund intercept;
(2) works at a seasonal job; or
(3) makes any type of payment.
5.During the 60 day closure notice time period, if the custodial person (CP) provides information regarding the NCP’s income or attachable assets, CSS does not consider the case unenforceable and does not close.
36.(a) CSS staff manually reviews the CSS CP Day Care Closure (CSDCC) screen on the Oklahoma Support Information System (OSIS) to determine if the amount of child support income in the F95 block on the EF screen of the automated Adult and Family Services (AFS) PS2 system is equal to or greater than the child's court-ordered monthly child support amount on the Obligation Current Support Inquiry (OBCSI) screen.
(b) When the amount in the F95 block is equal to or greater than the amount on the OBCSI screen, a message, "ENTER 'X' TO CLOSE CASE," appears on the CSDCC screen allowing child support staff to close the case when the criteria in OAC 340:25-5-123(c) are met.
(c) When the amount per child in the F95 block is less than the court-ordered amount, the message "IF FSSD HAS VERIFIED CHILD SUPPORT INCOME, ENTER 'X' TO CLOSE CASE" appears.CSS staff emails the Adult and Family Services (AFS) worker and the county director to report the discrepancy and request requests verification of the monthly amount of child support income reported by the custodial person (CP) to the AFS worker.
(d) CSS staff documents on the Case Log Add (CSLOGA) screen when the email was sent to the AFS program worker.When the AFS program worker emails CSS staff confirming the monthly amount of child support income reported by the CP, CSS staff may close the child support case when the criteria in OAC 340:25-5-123(c) are met.CSS staff must document on CSLOGA when the AFS worker emailed CSS and the information provided on CSLOGA.
47.(a) CSS does not close a child support case in which a CP is receiving a child care subsidy referral at the CP's request, except per OAC 340:25-5-123(c)(2).
(b) When CSS receives a payment on a non-Temporary Assistance for Needy families (TANF) SoonerCare (Medicaid) benefits only case, CSS staff processes the case as described in paragraphs (1) through (3) of this subsection.
(1) District office staff:
(A) resolves the payment on OSIS in the CSS Undistributed Payments Select Menu (UNDL) screen by using the CSS Financial Notes Add (UNDR) screen and coding the payment with a 'W' resolution indicator and a note that the payment is a non-Title IV-D pass through; and
(B) closes the case on OSIS with the closure codes 04/01.
(2) Center for Finance and Budget staff logs the payment for issuance to the CP as a non-Title IV-D pass through case per OAC 340:25-5-350.3.
(3) District office staff reviews the child support order for a medical support provision per OAC 340:25-5-168 and, if there is no such provision:
(A) re-opens the child support case to obtain a modification of the child support order to include a medical support provision, document medical insurance actually provided, and/or issue a National Medical Support Notice to an existing employer per OAC 340:25-5-171;
(B) updates OSIS with this information; and
(C) closes the case with OSIS closure codes 04/01.
58.When the monthly child support is not set at $0 prior to closing, CSS modifies the order for current support to $0 per month so that child support does not accrue.
69.CSS staff follows the Child Support Training Minute:Case Initiation on Resolving Erroneous and Duplicate Referral Information from the Oklahoma Health Care Authority for the process to close the case, update the referral to the appropriate level of child support services, or to remove the referral by indicating that child support services were declined.CSS staff accesses the Child Support Training Minute on the CSS InfoNet Home page.
710.Examples of appropriate and not appropriate for noncooperation in a child-only SoonerCare (Medicaid) case include, but are not limited to:
(1) appropriate:when the CP refuses to bring the child in for court-ordered genetic testing, despite multiple notices to do so.The case may be closed because genetic testing when ordered, is an essential next step for establishing paternity per OAC 340:25-5-114 Instructions to Staff # 2 for noncooperation.; or
(2) not appropriate:when the noncustodial parent NCP has requested a review of the order, but the CP fails to appear at the modification hearing after having been served with notice.The court enters an order imputing income to the CP despite the CP's failure to appear.The case may not be closed because CSS was able to proceed with the modification without the CP's appearance per OAC 340:25-5-114 ITS 2(c).
11.When it is determined a case qualifies for closure, CSS terminates the state's Order/Notice to Withhold Income for Child Support (IWO).At the applicant's request, CSS initiates a new IWO in the applicant's name at the same time the state's IWO is terminated.
812.(a) When CSS is no longer providing child support services staff resolves enforcement actions by:
(1) releasing liens and levies;
(2) dismissing pending court actions, such as contempt;
(3) reinstating any revoked or suspended licenses;
(4) removing the NCP from the Most Wanted and Missing Parents Program Programs lists; and
(5) requesting the court withdraw bench warrants.
(b) Staff leave leaves in place actions that affect any case other than the case being closed.
913.When a case is closing and has a Family Violence Indicator (FVI):
(1) without a pass-through, staff follows the Child Support Manual, Address of Record & Family Violence Chapter on the CSS InfoNet Education page for direction to remove the FVI and document the removal on CSLOGA; or
(2) with a pass through and an Order/Notice to Withhold Income for Child Support (IWO), staff does not remove the FVI.
10.When it has been determined that a case qualifies for closure, CSS terminates the state's Order/Notice to Withhold Income for Child Support (IWO).At the applicant's request, CSS initiates a new IWO in the applicant's name at the same time the state's IWO is terminated.
1114.When a 60 Day Closure Notice Letter has been sent, CSS finance staff sets the child support accrual end date on the Obligation Information Per Child page of the OBLU screen in OSIS, as the last day of the month following the 60 calendar day period.Staff removes any balances from the case after the 60 day time period has elapsed.
PART 17. PAST SUPPORT
340:25-5-140.2. Child Support College Savings Incentive Program
Issued 9-15-15
(a) General.Oklahoma Department of Human Services Child Support Services (CSS) partners with the Oklahoma State Treasurer to offer the Oklahoma Child Support College Savings Incentive Program (program).The program allows CSS to waive all or a portion of arrears assigned to Oklahoma (state) in exchange for contributions to a designated Oklahoma 529 College Savings Plan (529) account by the noncustodial parent (NCP) or by other persons on behalf of the NCP.
(b) Authority.CSS is authorized to offer the college savings plan by Oklahoma Statute Title 70 Sections 3970.1 through 3970.12 (70 O.S. §§ 3970.1 – 3970.12), 43 O.S. § 112, and Oklahoma Administrative Code 340:25-5-140 and 340:25-5-140.1.
(c) Program Details.
(1) To be eligible for the program, all child support arrears owed on an NCP's case must be assigned to the state.
(2) CSS waives two dollars of child support arrears assigned to the state in exchange for every one dollar contributed to the program account on behalf of an eligible NCP when:
(A) any current support amount has been paid in full; and
(B) at least one dollar has been paid to CSS toward the state arrears in the same month as the deposit in the 529 account.
PART 20. MEDICAL SUPPORT
340:25-5-168. Establishment of medical support
Revised 7-1-129-15-15
(a) Scope and applicability.Oklahoma Department of Human Services (DHS) Child Support Services (OCSS) (CSS) refers to federal and state law for establishment of a medical support order per:
(1) Section 666 of Title 42 of the United States Code;
(2) Sections 302.33, 302.56, 303.7, 303.30, and 303.31 of Title 45 of the Code of Federal Regulations; and
(3) Section 6058A of Title 36 of the Oklahoma Statutes (36 O.S. § 6058A), Sections 112, 118 through 118I, 118.2, and 119 of Title 43 O.S. §§ 112, 118-118I, 118.2 and 119, and Section 237 of Title 56 O.S. § 237 of the Oklahoma Statutes.¢ 1
(b) Medical support provision of child support order.A child support order established by OCSS CSS must contain a medical support provision.¢ 2
(c) Calculating the cost of medical support.To calculate the actual premium cost of health insurance, OCSS CSS:
(1) deducts from the total insurance premium, the cost of coverage for the parent;
(2) deducts from the total insurance premium, the cost of coverage for any other adults in the household, when that cost information is available;
(3) divides the remainder by the number of dependent children covered; and
(4) multiplies the amount per child by the number of children in the child support case under consideration.¢ 3 & 4
(d) Standards for medical support provision.When choosing a medical support provision, OCSS CSS requests the court to apply the standards in paragraphs (1) through (3) of this subsection.
(1) Health insurance must be reasonable in cost, meaning that the actual out-of-pocket premium cost paid does not exceed five percent of the gross income of the parent ordered to provide health insurance.¢ 3, 5, & 6
(2) Health insurance must be accessible, meaning the health care providers must be available to meet the child(ren)'s individual health care needs, and must be located no more than 60 miles one-way from the primary residence of the child(ren). ¢ 5
(3) Health insurance must provide coverage for both routine and major medical expenses, including, but not limited to:preventive care, office visits, hospitalization, and medication coverage in compliance with the Oklahoma Insurance Department per Oklahoma Administrative Code (OAC) 365:10-5-3(14) and OAC 365:10-5-5(f).Limited Insurance Coverage per OAC 365:10-5-5(k) does not satisfy this requirement.Annual deductibles must be reasonable and relate to the medical circumstances of the child(ren).¢ 5
(e) Exceptions to standards for medical support provision.When the parents agree or it is otherwise appropriate, OCSS CSS requests the court make an exception to the standards for health coverage when the:
(1) reasonable cost of health insurance exceeds five percent of the gross income of the parent ordered to provide health insurance; or
(2) closest insurance provider exceeds 60 miles one-way from the primary residence of the child(ren).
(f) Hierarchy of medical support provisions.The provision for medical support must be consistent with one of the priorities listed in paragraphs (1) through (4) of this subsection.¢ 2
(1) Health insurance is provided through a parent's employer or other available group health insurance plan.
(2) No coverage is available under paragraph (1) of this subsection, and a private insurance policy or group health insurance is available to the child(ren) through another source, such as a third party custodian or spouse of a parent, OCSS CSS seeks an order for the:
(A) parent to provide health insurance when insurance is provided through the spouse of a parent; or
(B) third party custodian to provide health insurance when insurance is provided through a third party custodian and the third party custodian has requested an order to provide the coverage.
(3) No health coverage is available under paragraphs (1) or (2) of this subsection, and alternative health coverage including, but not limited to Indian Health Services (IHS) and Defense Eligibility Enrollment Reporting System (DEERS) is available to the child(ren).
(4) If none of the provisions in paragraphs (1) through (3) of this subsection are available at reasonable cost or are not accessible, the custodial person (CP) is required to make application for the child(ren) for health coverage through a government medical assistance program such as SoonerCare (Medicaid).
(g) Health coverage preference.When health coverage meeting standards in subsection (d) of this Section is available to both parents, OCSS CSS requests the court give priority to the preference of the custodial person CP.
(h) Exceptions to hierarchy. OCSS CSS requests a cash medical order instead of an order for health coverage by the noncustodial parent (NCP) under paragraphs (1) or (2) of subsection (f) of this Section when the:
(1) court determines an order for health insurance is inappropriate due to family violence concerns; or
(2) obligor is an applicant for a governmental medical assistance program, such as Insure Oklahoma, State Children's Health Insurance Program (S-CHIP), or SoonerCare (Medicaid).
(i) Cash medical support.
(1) When paragraph (4) of subsection (f) of this Section is chosen as the provision for medical support, OCSS CSS requests the court order cash medical support to be paid by the noncustodial parent(s) NCPs, until insurance is provided under paragraphs (1) through (3) of subsection (f) of this Section.
(2) OCSS CSS refers to the Cash Medical Income Guidelines Table as found in the child support computation form prescribed by OCSS CSS and published by the Administrative Office of the Courts on the Oklahoma State Courts Network site per Section 120 of Title 43 of the Oklahoma Statutes 43 O.S. § 120 to determine the cash medical support amount.
(3) OCSS CSS computes a cash medical order by applying the Cash Medical Income Guidelines Table, using the combined gross income for the parents NCP of the child in the case under consideration and the number of children in the instant case.
(A) When the combined NCP's gross income is at or below the income amount for the number of children in the case, OCSS CSS requests the court order a cash medical order at $0 per month.
(B) When the combined NCP's gross income exceeds the income amount for the number of children in the case, OCSS CSS computes the requested cash medical order by:
(i) multiplying the amount of $115, representing the average monthly cost of health care for an uninsured child(ren), by the number of children in the case that are not covered by insurance; and
(ii) prorating the result by the percentage of income for each parent.
(C) The noncustodial parent's NCP's share of the cash medical amount is added to the child support obligation.
(D) When neither parent is the obligor or noncustodial parent NCP due to equally shared physical custody and the application of the parenting time adjustment, OCSS CSS requests the court set cash medical support as follows:
(i) if the child(ren) receives SoonerCare or other governmental medical assistance, the parent who is not the applicant for governmental medical assistance is ordered to pay the cash medical support;
(ii) if the child(ren) does not receive SoonerCare or other governmental medical assistance, the cash medical amount is calculated for each parent and the amounts are offset.The parent owing the larger amount is ordered to pay the net cash medical support.
(4) Unless the parties agree or the court orders a greater amount, the prorated cash medical support amount must not exceed five percent of the gross income of the parent who is ordered to pay cash medical support.
(5) OCSS CSS seeks cash medical support only as part of a prospective order for child support.OCSS CSS does not include a cash medical support amount in a judgment for support for a prior period per OAC 340:25-5-179.1.
(6) In a child support modification action, OCSS CSS requests a cash medical support order be effective the first day of the month following the date the modification order is entered.
(j) Medical support for OKDHS DHS adopted children.OCSS CSS does not request health insurance or cash medical support for children who are adopted through OKDHS DHS Adoption Services.OCSS CSS requests a medical support order reflecting that the child(ren) receive SoonerCare through the adoption plan.The parties may agree to cover the child(ren) on health insurance.
(k) Termination of cash medical support.
(1) When OCSS CSS receives notice that the parent ordered to pay cash medical support has enrolled the child(ren) in health insurance, OCSS CSS sends a Notice of Proposed Termination of Cash Medical Support to all parties in the case by regular mail.When a party believes the child(ren) is not covered by health insurance, a party may request a review of the termination of cash medical support within ten 10 calendar days from the date of mailing of the notice.¢ 7
(2) When a party requests a review to contest the Notice of Proposed Termination of Cash Medical Support, OCSS CSS reviews the case within ten 10 calendar days of receipt of the request and determines if termination of cash medical support is proper based on information provided by the contesting party.OCSS CSS notifies the parties of the review decision.¢ 7
(3) When the parties disagree with the review decision, the parties have 15 calendar days from the date of mailing the review decision to request a hearing on the termination of cash medical support.
(4) OCSS CSS files a Notice of Termination of Cash Medical Support with the proper court when no party requests a:
(A) review within the ten 10-day time period; or
(B) hearing after OCSS CSS notifies them of the review decision.
(5) OCSS CSS does not proceed with a separate termination of cash medical support when the child support and medical support order is modified within 30 calendar days of notification that the child(ren) is enrolled in health insurance.
(6) When a cash medical support order is terminated within a modification action, OCSS CSS requests the termination become effective the date of filing of the Motion to Modify or the date, if later when the child was actually enrolled in the insurance.
(l) Reinstatement of cash medical support.
(1) OCSS CSS seeks reinstatement of the cash medical order when:
(A) a child support court order previously ordered the noncustodial parent NCP to pay cash medical support until insurance was available;
(B) insurance became available;
(C) the cash medical support was terminated; and
(D) the insurance subsequently lapsed.¢ 8
(2) OCSS CSS uses one of the following processes to seek reinstatement of the cash medical order:
(A) Modification.OCSS CSS seeks modification of the child support order and reinstatement of cash medical support pursuant to per OAC 340:25-5-198.1 and OAC 340:25-5-198.2 when:
(i) the child support order that provided for cash medical support has been modified to include credit for insurance premium costs; or
(ii) there is another material change of circumstance in addition to the lapse of health coverage.
(B) Expedited Process.When subparagraph (A) of this paragraph does not apply, OCSS CSS uses an expedited process to reinstate the cash medical support.OCSS CSS uses the expedited process when there is an address of record for the obligor.
(3) OCSS CSS initiates a reinstatement of cash medical support when it receives notice that the parent whose cash medical support was terminated due to the enrollment of the child(ren) in health insurance has allowed the coverage to lapse.OCSS CSS sends a Notice of Proposed Reinstatement of Cash Medical Support to all parties in the case by regular mail.When a party believes the child(ren) is covered by health insurance, a party may request a review of the reinstatement within 10 calendar days of the date the notice was mailed.
(4) A party may file a written objection to the reinstatement of cash medical support and submit it to OCSS CSS with supporting health care coverage documentation.OCSS CSS reviews the case within 10 calendar days of receipt of the objection and determines if reinstatement of cash medical support is proper based on the information provided by the contesting party.OCSS CSS provides the custodial person CP and the noncustodial parent NCP with written notice of the review decision.
(5) When the parties disagree with the review decision, they have 15 calendar days from the date of the review decision to request a hearing.
(6) OCSS CSS files a Notice of Reinstatement of Cash Medical Support with the proper court when no party requests a:
(A) review within the 10 calendar day time period; or
(B) hearing after OCSS CSS notifies them of the review decision.
(m) Fixed medical costs.When the parties agree or the court orders, OCSS CSS includes the total monthly fixed medical costs in the child support guidelines computation.If When the obligor's share of fixed medical costs exceeds five percent of the obligor's gross income and the parties do not agree to exceed the five percent standard, OCSS CSS requests the court determine the monthly amount of fixed medical costs included in the current child support order.¢ 9
(n) Indian Health Services (IHS).
(1) A child support order that provides for the enrollment of a child(ren) in IHS may comply with the standards in subsection (d) of this Section.OCSS CSS seeks an order for either or both parents to secure health insurance for the minor child(ren) when:
(A) IHS does not meet the standards in subsection (d) of this Section; or
(B) health insurance is available through an employer or other group plan and the custodial person CP requests it.
(2) OCSS CSS does not request cash medical support when IHS is the chosen provider.
(o) Notification requirements.The noncustodial parent NCP and the custodial person CP must notify OCSS CSS in writing within 30 calendar days after:
(1) health insurance becomes available;
(2) the cost of existing health insurance changes; or
(3) other provisions of existing health insurance change.
(p) Modification request.When a child support order exists, OCSS CSS 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 CSS seeks a medical support order in a tribunal that has jurisdiction to modify the child support order.
INSTRUCTIONS TO STAFF 340:25-5-168
Revised 7-1-139-15-15
1.In cases referred to Oklahoma Child Support Services (OCSS) (CSS) by an Adult and Family Services (AFS) worker, OCSS CSS provides all appropriate Title IV-D services, unless the person requests medical enforcement only.OCSS CSS opens a full-service case when the AFS worker enters Y in the D8 block on the ED screen on the PS2 automated system.
2.If the parties state that health coverage is available, but there is no proof that it is in effect at the time the order is entered, OCSS CSS seeks a temporary medical support order until proof of coverage is received.A final order may then be obtained.
3.OCSS CSS staff determines the out-of-pocket cost for health insurance by subtracting any amount paid by the employer through a benefit allowance from the premium amount paid by the insured.
4.(a) If the cost of the insurance premium for other adults in the household is included with the cost for the child(ren) and information is not available to determine a separate amount for the other adults, OCSS CSS staff uses this premium cost to determine the amount per child.
(b) For example, the total health insurance premium is $275.The portion of the premium for the parent carrying the insurance is $75.The portion of the premium for the other adults in the home is unknown and cannot be determined.The number of children covered is four.The number of children in the child support case is three.The cost of the insurance premium for each child in the child support case is $50 ($275 - $75 = $200 ¸ 4 = $50 x 3 = $150).
5.Child support OCSS CSS staff follows the Child Support Manual, Medical Support chapter for information on deductible and co-payment amounts.Child support OCSS CSS staff accesses the Child Support Manual on the OCSS CSS InfoNet Home page.Examples of when health insurance does not meet the standards for health coverage include when the noncustodial parent has:
(1) gross income of $1,733 a month and has an employer-sponsored plan that would cost the parent $225 a month in out-of-pocket premium costs for three children in the case under consideration.OCSS CSS does not consider the contribution to the premium that might be made by another person or other entity.Since $225 is more than 10 percent of the $1,733, the cost of the insurance is not considered reasonable;
(2) available health coverage, but the nearest network provider is 60 miles one-way from the primary residence of the child(ren); and
(3) available health coverage that only meets the definition of a:
(A) Limited Benefit Health Insurance Coverage; or
(B) policy with an excessive deductible and co-payment amount.
6.When applying the reasonable cost standard, OCSS CSS staff uses the gross income of the parent at the time the order is established to determine whether the actual premium cost of available coverage for the child(ren)'s portion only exceeds 5 percent of the parent's gross income.
7.(a) When a request for review is received, OCSS CSS staff uses the first day of the second month following the date the Notice of Proposed Termination of Cash Medical Support as the termination date for the cash medical support.Example:A request for review is received on September 14.The termination date for the cash medical support would be November 1.
(b) When OCSS CSS staff denies a request for review of termination of cash medical support and no party requests an administrative review within 15 days OCSS CSS staff:
(1) updates the child support case information on the automated Oklahoma Support Information System (OSIS) to remove the cash medical support amount in the current monthly child support obligation; and
(2) generates an amended Notice of Income Assignment to the employer that does not include the cash medical support amount.
(c) Examples of cases when termination of cash medical support is appropriate include when OCSS CSS staff receives notice that:
(1) a parent's employer has enrolled the child in health insurance;
(2) the child is enrolled in health insurance through a private insurance policy or group health insurance through another source, such as a third party custodian or spouse of a parent; or
(3) the child is enrolled in alternative coverage such as Indian Health Services (IHS) or Defense Eligibility Enrollment Reporting System (DEERS).
(d) Examples of cases in which termination of cash medical support is not appropriate include:
(1) OCSS CSS staff has information that a parent's employer has health insurance available but staff has not received notice that the employer has enrolled the child in health insurance; or
(2) OCSS CSS staff has information that the child may be eligible for IHS services or DEERS, but have not received notice that the child is enrolled in this alternative coverage.
8.(a) OCSS CSS staff uses the first day of the second month following the date of the Notice of Proposed Reinstatement of Cash Medical Support as the reinstatement date for the cash medical support.Example: The Notice of Proposed Reinstatement is printed on September 14.The reinstatement date for the cash medical support would be November 1.
(b) When OCSS CSS staff denies a request for review of reinstatement of cash medical support and no party requests an administrative hearing within 15 calendar days:
(1) OCSS CSS staff updates the child support case information on the automated OSIS to add the cash medical support amount to the current monthly child support obligation; and
(2) generates an amended Income Withholding Order to the employer including the cash medical support amount.
9.When there are multiple custodial persons (CPs) and it is not clear which CP is incurring a fixed medical expense, OCSS CSS staff inquires of all CPs.After obtaining the information, OCSS CSS staff creates or updates the obligation(s) to ensure the fixed medical support portion of the current monthly support obligation is distributed to the CP incurring the fixed medical expense.When staff is unable to ascertain the correct CP, the fixed medical support follows the child per OAC 340:25-5-133, until otherwise ordered by the court.When CPs disagree as to whom the fixed medical support is owed, OCSS CSS staff requests a court determination.
PART 21. ESTABLISHMENT
340:25-5-176. Establishment of paternity
Revised 7-12-129-15-15
(a) In cases where paternity has not been legally established, Oklahoma Department of Human Services Child Support Services OCSS (CSS) establishes paternity 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), Sections 601-201, 601-401, and 601-701 of Title 43 O.S. §§ 601-201, 601-401, & 601-701, Sections 230.60 and 231 through 240.23 of Title 56 O.S. §§ 230.60, 231 - 240.23, and Sections 1-311 and 1-321 of Title 63 of the Oklahoma Statutes 63 O.S. §§ 1-311 and 1-321.¢ 1
(b) OCSS CSS only initiates a paternity action when the child has no legal father.¢ 2 – through 5A child has a legal father when:
(1) paternity has been voluntarily acknowledged in Oklahoma or another state and not rescinded within 60 calendardays; [ per 10 O.S. §§ 7700-301 through 7700-314];
(2) the child has a presumed father per 10 O.S. § 7700-204; or [10 O.S. § 7700-204]¢ 6
(3) paternity has been established by a district or administrative court order per 10 O.S. § 7700-636.[10 O.S. § 7700-636]
(c) OCSS CSS provides Form 03PA209E, Acknowledgment of Paternity, for voluntary acknowledgment of paternity under Section 7700-312 of Title 10 per 10 O.S. § 7700-312 and Sections 1-311 and 1-311.3 of Title 63 O.S. §§ 1-311 & 1-311.3 of the Oklahoma Statutes.OCSS CSS also provides several companion forms, which include instructions for completion, described in paragraphs (1) through (4) of this subsection.The forms include instructions for completion.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, age 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 under Section 7700-204 of Title per 10 O.S. § 7700-204 of the Oklahoma Statutes.¢ 7
(3) Under Sections 7700-307 and 7700-312 of Title Per 10 O.S. §§ 7700-307 & 7700-312 of the Oklahoma Statutes, OCSS 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.¢ 7
(A) When a person submits Form 03PA211E within 60 calendar days after the date of the last signature on Form 03PA209E, OCSS 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 OCSS CSS past the 60-calendar day time period, OCSS CSS sends a letter to the person who submitted Form 03PA211E informing the person that the rescission is invalid because it was not timely submitted.
(4) Under Sections 7700-307 and 7700-312 of Title Per 10 O.S. §§ 7700-307 & 7700-312 of the Oklahoma Statutes, OCSS CSS provides Form 03PA213E, Rescission of Denial of Paternity, for a person to use OCSS 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.
(A) When a person submits Form 03PA213E to OCSS CSS within 60 calendar days after the date of the last signatures on Forms 03PA209E and 03PA210E, OCSS 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 OCSS CSS past the 60-calendar day time period, OCSS CSS sends a letter to the person who submitted Form 03PA213E informing the person that the rescission of denial is invalid because it was not timely submitted.
(d) When OCSS CSS establishes paternity against an alleged father or with a custodial person, either of whom is a servicemember, OCSS CSS 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. §§ 501-596.¢ 8
(e) When OCSS CSS has the cooperation of a deceased alleged father's relatives, OCSS 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, Sections 7700-501 through 7700-511 of Title 10 O. S. §§ 7700-501-7700-511 of the Oklahoma Statutes.¢ 5 & 9
(f) OCSS CSS establishes paternity against an alleged father 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.
(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.
(g) When a default paternity order has been entered and either party contacts OCSS CSS in writing within 30 calendar days of entry of the default order, OCSS CSS treats the request as a motion to vacate or modify the default order.After the request is filed with the district court or Office of Administrative Hearings:Child Support, OCSS CSS pursues genetic testing and vacates or amends the default order as necessary based on findings.¢ 10
(h)(i) Genetic testing costs incurred in paternity establishment cases are paid as follows:
(1) OCSS 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 OCSS CSS paternity results are contested, OCSS CSS requests payment in advance of a second genetic test by the requesting party.
(3) When a court orders OCSS CSS to provide genetic testing and OCSS CSS does not have a case open for services, OCSS CSS requires a party to complete an application for services prior to advancing the costs of genetic testing.
(4) In interstate cases, OCSS CSS follows OAC 340:25-5-270.
INSTRUCTIONS TO STAFF 340:25-5-176
Revised 9-15-14
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.(a) The P04, Paternity Questionnaire, completed by the mother is an essential step in CSS paternity actions.CSS staff proceeds with a paternity action when the case file includes a completed and signed P04 for each child.When CSS is unable to obtain a completed and signed P04 by the mother and has exhausted all applicable noncooperation processes per Oklahoma Administrative Code 340:25-5-114, staff consults the CSS state's attorneys to determine if CSS can proceed with the paternity action.
(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.
3.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.
4.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.
5.(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 has provided written permission to reuse the specimen.
(b) If 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).
6.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.
7.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.
8.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.
9.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.
10.(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 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
Revised 7-1-139-15-15
(a) Oklahoma Department of Human Services Child Support Services (OCSS) (CSS) objects to a paternity challenge proceeding when:
(1) there has been an acknowledgment of paternity executed in Oklahoma or another state and not rescinded within the allowable time per Section 303.5 of Title 45 of the Code of Federal Regulations and Sections 7700-301 through 7700-307 of Title 10 of the Oklahoma Statutes (10 O.S. §§ 7700-301 through 7700-307) 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
(2) the child has a presumed father 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);
(3) paternity has been 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) OCSS CSS does not object to a paternity challenge proceeding when the:
(1) time requirement to rescind an acknowledgment of paternity has not passed;¢ 32
(2) parties neither cohabited nor engaged in sexual intercourse and the husband never held out the child as his own; or
(3) mother, legal father, and biological father agree to adjudicate paternity per 10 O.S. § 7700-607.
(c) When a paternity 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 father, CSS takes necessary steps to bring the paternity challenge before the appropriate court for resolution.
INSTRUCTIONS TO STAFF 340:25-5-176.1
Revised 7-1-139-15-15
1.When Oklahoma Child Support Services (OCSS)(CSS) receives a pleading seeking to disestablish paternity, OCSS CSS defends the challenge per Sections 7700-601 through 7700-637 of Title 10 of the Oklahoma Statutes.OCSS CSS staff immediately refers all challenges to the district office managing or state's attorney.
2.OCSS state's attorneys use the Uniform Parentage Act Guide available on the OCSS InfoNet for defending acknowledgments of paternity and paternity orders.
3.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 form.If either parent was a minor when the AOP form was signed, the rescission form may be signed up to 60 calendar days after the minor parent's eighteenth birthday.
340:25-5-178. Establishment Calculation of current new and modified child support obligations
Revised 9-15-149-15-15
(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 (45 C.F.R.); 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 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.¢ 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
(d)(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 custodial person (CP) except when (e) (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.
(e)(f) Child care subsidy.When the CP is participating in the DHS Child Care Subsidy Program per 56 O.S. § 230.50, CSS uses DHS Appendix C-4, Page 1, Child Care Eligibility/Rates Schedule 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 the NCP's share of the base monthly obligation for child support and the CP's gross monthly income as the CP's monthly income when applying Appendix C-4.Upon selecting the applicable income level on Appendix C-4, Page 1, 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, Page 1, in the same proportion as base child support.CSS staff performs a separate child support guidelines calculation for each NCP.¢ 9
(2) If When the CP 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.
(f)(g) Deprived cases.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
(g)(h) Intergovernmental majority age.CSS establishes child support orders for a child(ren) for whom child support is imposable under applicable law.¢ 11
(h)(i) Minor parents.When the NCP is a minor, CSS establishes paternity per Oklahoma Administrative Code (OAC) 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 computationand only usesactual income.When a minor NCP or CP is between 16 and 18 years of age and regularly and continuously attending high school, unless it is otherwise inappropriate, CSS uses eitherthe imputed gross income for the minor parent(s) based on minimum wage at 20 hours per week, or actual income.
(i)(j) Adult disabled child.CSS enforces child support orders for adults with disabilities per 43 O.S. § 112.1A.
(j) CSS establishes or modifies child support orders to continue after the child reaches the age of majority per 43 O.S. § 112.1A if 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.CSS establishes a child support and medical support order on an incarcerated NCP and requests the court order that the child support obligation begins the first day of the month following a lapse of 45 calendar days from release from incarceration.CSS 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.¢ 12When 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) a pre-incarceration child support order, CSS requests the order state that upon release from incarceration, the monthly child support obligation reverts 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 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) 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 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 a 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.¢ 1312
(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 has been 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.¢ 13 & 14 & 15
INSTRUCTIONS TO STAFF 340:25-5-178
Revised 9-15-149-15-15
1.Oklahoma Department of Human Services Child Support Services (CSS) staff must calculate, per Section 118 of Title 43 of the Oklahoma Statutes (43 O.S. § 118), 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. § 118(E)(13) 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. § 118(E)(2)(b).
(b) When an NCP'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 request 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 NCP who receives only SSI benefits differently from an NCP receiving a combination of benefits that equals the SSI amount.
(1) An example of the unjust guideline amount is:
(a) an NCP 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 NCP 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 a similarly disabled NCP 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 pursuant to 43 O.S. § 118H due to the guideline amount being unjust and inappropriate under these circumstances.
(2) The maximum monthly SSI benefit amount can be 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 CSS' request, child support staff memorialize 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 their 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. § 118(E)(4)(c).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 their 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 is receiving family assistance benefits, CSS uses the total wages listed in the Information Management System, even when it is less than minimum wage.To determine income for an individual, CSS staff follows the Training Minute:Determining Individual Income Using IV-A Screens located in the Establishment section of the Education page on the CSS InfoNet.
(2) Ability to work and no written earning record.For time periods when a parent has an earning ability, but no written pay 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 at 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 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:
(A)(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;
(B)(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
(C)(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 to be notified 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 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 CP is participating in the DHS Child Care Subsidy Program, CSS staff uses the child support guidelines computation form for child care subsidy cases.
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 subsection (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(E)(4)(a)-(c).
(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.OCSS 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.The age of majority varies by state.CSS staff may use the federal Office of Child Support Enforcement (OCSE) Online Intergovernmental Reference Guide (IRG) on the Internet at https://extranet.acf.hhs.gov/irg/welcome.html to obtain information about referrals to other states for establishment of support orders.
12.(a) In an incarcerated NCP's order, OCSS staff calculates a sum certain under the child support guidelines for the current child support obligation and requests the court order that amount to begin the first day of the month following a 45 calendar day lapse after the NCP is released from incarceration.
(1) OCSS staff updates the obligation on the OSIS Obligation (OBLN) screen as "A" for active or "C" for concurrent.
(2) When OCSS staff updates the child page of the OCSS automated Oklahoma Support Information System OBLN screen, both the "effective date" and the "from date" are calculated as the expected release date plus 45 calendar days.To determine the expected release date, OCSS staff contacts the incarcerating facility and registers on VINE Link to be notified of the release.
(3) OCSS staff registers on VINE Link at www.vinelink.com to be notified of the imminent release or transfer of an incarcerated NCP.When registering, staff provides the anonymous district office email address as the method of contact.
(b) For example, a child is born January 28, 2003.OCSS files a paternity action April 1, 2008.The court entered an order on June 1, 2008.Current support for one child is calculated at $212 per month beginning on the first day of the month following a 45 calendar day lapse after the NCP is released from incarceration.Judgment for support from April, 2003, forward is reserved.The NCP is released from incarceration August 1, 2010.Current support begins October 1, 2010.OCSS may request a judgment for the reserved time period of April, 2003, through September, 2010.
(c) For example, when an incarcerated NCP has an estimated parole date of August 1, 2010, OCSS staff includes the October 1, 2010, effective date of current support in the establishment order.
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.
1413.When a party contacts CSS within 30 calendar days to request a reconsideration of a default support 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 CSS pro se self-help motion to vacate.
1514.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.After considering the income information provided, CSS requests the court:
(1) dismiss or deny the motion to vacate and leave the default order in effect; or
(2) enter a new order replacing the default order.
340:25-5-179.1. Establishment of support for a prior period
Revised 11-1-149-15-15
(a) Oklahoma Department of Human Services Child Support Services (OCSS) (CSS) establishes support for a prior period.
(1) When paternity is being established by court order or when paternity has been previously established by a signed Form 03PA209E, Acknowledgment of Paternity, OCSS CSS establishes current support and support for a prior period at the same time per Sections 83 and 7700-636 of Title 10 (10 O.S. §§ 83 and 7700-636), 43 O.S. §§ 118-118I and 119, and 56 O.S. § 238.6B.¢ 1 & 2
(2) When a child(ren) is born during a marriage and no order addressing support for a prior period exists, OCSS CSS establishes support for a prior period per 43 O.S. §§ 118-118I and 119 and 56 O.S. § 238.1.¢ 1 & 2
(A) OCSS CSS establishes support for a prior period under this subsection only when:
(i) current child support is sought; and
(ii) Temporary Assistance for Needy Families (TANF) or Title IV-E and non-Title IV-E eligible foster care has been expended in any month during the past five two years per OAC 340:75-13-26.
(B) OCSS CSS may issue a Notice of Support Debt or file a district court action to establish support for a prior period.OCSS CSS limits this prior period to the number of months on TANF or Title IV-E and non-Title IV-E eligible foster care during the five two years immediately before the date OCSS CSS issues the Notice of Support Debt, or files the district court action.
(b) When a child support order is entered against a minor noncustodial parent (NCP), OCSS CSS establishes support for a prior period under the criteria for establishing current child support per Oklahoma Administrative Code (OAC) 340:25-5-178.
(c) OCSS CSS does not establish an order for support for a prior period on an incarcerated NCP.OCSS CSS requests the court reserve the amount of child support for the period prior to the entry of the court order through the time of incarceration to the date the current child support obligation begins per OAC 340:25-5-178.
(d) When OCSS CSS establishes an order for support for a prior period for a child of a an NCP or a custodial person who is a servicemember, OCSS CSS applies the provisions of the Servicemembers Civil Relief Act, codified in Sections 501 through 596 of Title 50A of the United States Code.¢ 3
(e) When the NCP is a current TANF or Supplemental Security Income (SSI) recipient and OCSS CSS:
(1) has information that the NCP had no obligation based on the child support guidelines for the prior period, OCSS CSS requests the court set the judgment at $0; or
(2) determines a debt may be owed for a prior period, OCSS CSS requests the court reserve the issue of support for a prior period until the NCP is no longer receiving TANF or SSI.
(f) OCSS CSS sets a monthly payment schedule per OAC 340:25-5-140.
INSTRUCTIONS TO STAFF 340:25-5-179.1
Revised 9-15-14
1.In all cases, Oklahoma Department of Human Services Child Support Service (CSS) staff requests the court set a periodic payment plan to collect support for a prior period.
2.When a custodial person (CP) fails to appear in an establishment action, CSS reserves any judgment owed to the CP for support for a prior period.CSS staff requests a judgment for any time periods assigned to the state.
3.CSS staff follows the Guide to the Servicemembers Civil Relief Act (SCRA), available from the CSS InfoNet for procedure regarding
(1) waivers of rights and protection per SCRA;
(2) appearance in court actions;
(3) stays of court; and
(4) default orders.
PART 22. REVIEW AND MODIFICATION
340:25-5-198.2. Modification
Revised 9-15-149-15-15
(a) Authority for modification.Oklahoma Department of Human Services(DHS) Child Support Services (CSS) 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.CSS seeks a modification when:
(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 changes in child support guideline calculation, 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;
(D) there is a change in physical custody verified per Oklahoma Administrative Code (OAC) 340:25-5-201.1;
(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 ¢ 1
(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 obligation in each of the NCP's cases.; or
(C) a parent provides proof the child support obligation is being satisfied in full or in part by an apportionment of the veteran's disability compensation.¢ 2
(c) Modification of medical support order.
(1) CSS 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.CSS initiates a modification of a support order to require either or both parents to provide dependent health care coverage when CSS 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 43 O.S. § 139.1 or 21 O.S. § 566;
(D) an order for the 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.¢ 13
(2) When CSS participates in the modification of a child support order filed by a party, CSS requests the court order contain a provision for medical support consistent per with OAC 340:25-5-168.
(3) When a child support order exists, CSS considers a request to establish a medical support order as a request for modification of the order per 43 O.S. § 118.1.CSS seeks a medical support order in a tribunal that has jurisdiction to modify the child support order and follows procedures per OAC 340:25-5-198.1.
(4) When cash medical support is ordered as part of a modification action, CSS requests a cash medical support order be effective the first day of the month following the date the modification order is entered.
INSTRUCTIONS TO STAFF 340:25-5-198.2
Revised 7-1-109-15-15
1.When a parent is receiving Supplemental Security Income, staff follows Oklahoma Administrative Code (OAC) 340:25-5-178 and Instructions to Staff.
2.Oklahoma Department of Human Services Child Support Services (CSS) requests the court consider the apportionment of the veteran's disability compensation amount per OAC 340:25-5-178 and ITS.
13.When a third party custodial person does not seek services against one of the parents and that parent is ordered to provide medical support for the child, Oklahoma Child Support Services (OCSS) CSS cannot enforce the medical support order.Therefore, if the ordered parent is not providing the medical insurance, OCSS CSS seeks modification to establish the medical support order against the parent for whom OCSS CSS has an open case.
PART 23. ENFORCEMENT
340:25-5-212. Financial institution data match reporting system
Revised 7-1-109-15-15
(a) Legal basis.Oklahoma Department of Human Services Child Support Services (OCSS) (CSS) maintains a financial institution data match reporting system to identify noncustodial parents' (NCP) assets and issue levies on accounts of noncustodial parents NCPs who are in noncompliance with an order for support.In maintaining the system, OCSS CSS follows Part A of Subchapter IV of Chapter 7 of Title 42 of the United States Code, associated federal regulations, and state statutes.This Section establishes provisions necessary to implement Sections 666(a)(17) and 669A of Title 42 of the United States Code and Sections 240.22 through 240.22G of Title 56 of the Oklahoma Statutes (56 O.S. §§ 240.22-240.22G).The definitions in Section 56 O.S. § 240.22A of Title 56 of the Oklahoma Statutes apply to the terms used in this Section.
(b) Financial institutions.
(1) All data supplied to OCSS CSS by financial institutions doing business in Oklahoma must be in accordance with the Financial Institution Data Match Specifications Handbook published by the federal Office of Child Support Enforcement.
(2) A financial institution may charge an account levied on by OCSS CSS a fee of $20, under Section per 56 O.S. § 240.22E(E) of Title 56 of the Oklahoma Statutes,which is deducted from the account before the financial institution remits funds to OCSS CSS.If the levied funds are subsequently refunded by OCSS CSS because of an OCSS error described in (d)(4)(A) or (d)(4)(B) of this Section there is a mistake of identity or the obligor did not owe three months of child support at the time of the levy, OCSS CSS refunds any fee charged to the appropriate account holder.
(c) Levies.Levies are for the total amount of past-due support as defined in Section per 56 O.S. § 237.7 of Title 56 of the Oklahoma Statutes.Under Section Per 56 O.S. § 240.22G of Title 56 of the Oklahoma Statutes, OCSS CSS automatically issues a levy for each matched account unlessthe noncustodial parent NCP is in full and timely compliance with a court-ordered payment plan.OCSS CSS considers a noncustodial parent an NCP in full and timely compliance with a court-ordered payment plan when the noncustodial parent NCP has made voluntary payments of at least 92 percent of the court-ordered payment plan payments due over the last six full calendar months prior to the date of the levy.OCSS CSS considers a manual levy appropriate if when there is evidence that the noncustodial parent has funds subject to levy not previously considered by OCSS CSS in establishing the monthly court-ordered payment plan. OCSS CSS requests the financial institution not remit funds in an amount less than $50.¢ 1
(d) Notice of levy and administrative review.
(1) OCSS CSS sends a notice of levy to a noncustodial parent an NCP within three calendar days after sending the levy to the financial institution.[56 O.S. § 240.22G] per 56 O.S. § 240.22G.The notice of levy includes:
(A) instructions for the noncustodial parent NCP or a non-obligated joint account holder to request an administrative review in writing;
(B) a description of the grounds for requesting an administrative review;
(C) a description of the review process; and
(D) notice that failure to submit a timely request for review in writing means the levy is final.
(2) It is the responsibility of the noncustodial parent NCP to notify any joint account holder(s) of the levy.
(3) Either the noncustodial parent NCP or a non-obligated joint account holder may request an administrative review of the levy in writing after the date on the notice of levy under Section per 56 O.S. § 240.22G of Title 56 of the Oklahoma Statutes.
(4) A non-obligated joint account holder may request an administrative review in writing when the levied funds are not owned by the noncustodial parent NCP.
(5) Upon receipt of a request for an administrative review OCSS CSS:
(A) contacts the requesting party within three business days to:
(i) notify the party that the review has begun; and
(ii) request further information as necessary;
(B) completes the review as soon as possible, not to exceed three business days from receiving all necessary information; and
(C) completes the review using the best information available when the party requesting a review does not provide the information requested by OCSS CSS within five business days of the request.
(6) The purpose of the administrative review is to quickly resolve any obvious factual errors.
(7) After the administrative review, OCSS CSS issues a notice of administrative review decision and information about requesting an administrative hearing.
(e) Administrative hearing.Either the noncustodial parent NCP or a non-obligated joint account holder may request a hearing before the Oklahoma Department of Human Services Office of Administrative Hearings: Child Support (OAH), by the date specified in the notice of administrative review decision.A request for an OAH hearing must be submitted in writing to the district office.
(f) Release of funds from levy.
(1) OCSS CSS releases funds from levy when the noncustodial parent person requesting review of the levy submits sufficient and credible evidence at the administrative review that the source of the funds is:
(A) Supplemental Security Income (SSI) benefits;
(B) State Supplemental Payments (SSP) for Aged, Blind and the Disabled;
(C) Temporary Assistance for Needy Families (TANF) benefits; or
(D) child support payments, if when the obligor is the custodial person (CP) of a minor child(ren) and is receiving the payments as required by a court order.; or
(E) the property of the non-obligated account holder.
(2) When the account contains funds from sources listed in subsection (f)(1) of this rule as well as funds from other sources, CSS can levy the funds that are not from a source included in the list in subsection (f)(1) of this rule.¢ 2
(3) Funds from a levy may be released, in full or in part, at the discretion of the state's attorney when it is determined the levy negatively impacts a reliable source of child support, or is not in the best interest of the child(ren).When the funds are not assigned to the state and the source of the funds is not listed in subsection (f)(1) of this rule, OCSS CSS considers the input of the custodial person in CP when reviewing the case for release.¢ 23
INSTRUCTIONS TO STAFF 340:25-5-212
Revised 7-1-129-15-15
1.Oklahoma Department of Human Services Child Support Services (OCSS) (CSS) staff follow follows the Enforcement Child Support Manual, FIDM Chapter, section on Bank Levy Procedure.
(1) OCSS CSS does not issue an automated levy when the noncustodial parent (NCP) has made voluntary payments of at least 92 percent of the court-ordered payment plan payments due over the last six full calendar months prior to the date of the levy.
(2) OCSS CSS staff do does not issue a manual levy against a checking account of a noncustodial parent an NCP who has made voluntary payments of at least 92 percent of the court-ordered payment plan payments due over the last six full calendar months prior to the date of the levy, unless the district office OCSS CSS state's attorney has information that the checking account has significantly more funds in the account than the noncustodial parent NCP has previously reported to OCSS CSS as periodic income.
(3) Voluntary payments include payments made directly from the noncustodial parent NCP, payments from income withholding, and from unemployment offset.Collections made by OCSS CSS intercepting federal or state tax refunds from prior levies, from contempt purge amounts, and workers' compensation lump sum collections are not considered voluntary payments, and will are not be considered in calculating the percentage of voluntary payments necessary to reach the 92 percent of court-ordered payment plan amounts paid.
2.When funds are comingled in the account, CSS can levy the funds from sources not listed.
23.Release of levy.
(1) District offices must coordinate with each other to ensure a levy is not released in one district office when a noncustodial parent an NCP has another levy in another district office.
(2) In cases where the noncustodial parent NCP is in full and timely compliance with a court-ordered payment plan, but a manual levy is still appropriate for a checking account, district offices do a partial levy release that allows the noncustodial parent NCP to retain funds in the checking account in an amount consistent with the withholding limits set out in per Section 1171.2 of Title 12 of the Oklahoma Statutes.
(3) After approval by the OCSS CSS state's attorney, OCSS CSS staff document documents the reason for the levy release on the automated Oklahoma Support Information System Case Log Add (CSLOGA).
(4) OCSS CSS staff:
(A) attach attaches a cover letter and a copy of the levy when sending a release of levy to the financial institution; and
(B) access accesses the levy cover letter on the OCSS CSS InfoNet.
PART 27. STATE TAX REFUND OFFSET PROGRAM
340:25-5-235. Collection of past support and overpayments from state tax refund offset
Revised 7-1-119-15-15
(a) The Oklahoma Department of Human Services through Oklahoma Child Support Services OCSS (CSS) requests collection of overpayments and past child support, including interest, and spousal support from state tax refund offset.The state tax offset program is governed by:
(1) Section 303.102 of Title 45 of the Code of Federal Regulations;
(2) Sections Section 205.2 and 205.3 of Title 68 of the Oklahoma Statutes; and
(3) Sections 11-6 through 11-11 of Chapter 50 of Title 710 of the Oklahoma Administrative Code.
(b) When an offset is made to satisfy non-TANF non-Temporary Assistance for Needy Families past-due support from a state tax refund, OCSS CSS delays issuance of the funds for a period of forty-five calendar days from the notice of deposit.
PART 37. RECOVERY
340:25-5-305. General overpayment and recovery policies
Revised 7-1-139-15-15
(a) Purpose.The rules in this Part:
(1) establish Oklahoma Department of Human Services Oklahoma Child Support Services OCSS (CSS) policies and procedures used to recover OCSS CSS overpayments to custodial persons (CPs), noncustodial parents (NCPs), and other entities; and
(2) resolve payment disputes arising from overpayments.
(b) Overpayment categories.
(1) Retained support occurs when the CP kept support payment(s) in violation of the assignment of support rights.
(2) Erroneous payment occurs when OCSS CSS incorrectly paid money to a CP, NCP, or other entity, or failed to retain money assigned to Oklahoma because of an administrative error.
(3) Bad debt occurs when:
(A) the funding for a payment made by OCSS CSS to a CP or NCP is subsequently withdrawn when a tax intercept or other collection is revoked;
(B) a check or other payment instrument received by OCSS CSS from a an NCP or other payor on behalf of the NCP is dishonored after a payment was made to the CP; or
(C) OCSS CSS issues a payment to a CP based on an incorrect arrearage balance or an incorrect allocation of a payment.
(c) Authority.When recovering overpayments under this Part, OCSS CSS is governed by Title IV, Part A of Subchapter IV of Chapter 7 of Title 42 of the United States Code; Section 109.5 of Title 43 of the Oklahoma Statues (43 O.S. § 109.5); and Sections 171, 185, and 231 through 244 of Title 56 of the Oklahoma Statutes 56 O.S. §§ 171, 185, and 231 through 244.
(d) Recovery.OCSS CSS may use any legal remedy to recover overpayments, including, but not limited to, state tax offsets under per OAC 340:25-5, Part 27.
(1) OCSS CSS is not responsible for creating or recovering overpayments for:
(A) non-Title IV-D time periods when non-Title IV-D cases convert to Title IV-D cases;
(B) time periods when OCSS CSS collected under a court order that was later vacated or after the case was dismissed; or¢ 1
(C) time periods when OCSS CSS collected under a court order that was later modified and the parties failed to provide OCSS CSS a copy of the new order.¢ 1 & 2
(2) OCSS CSS does not charge, collect, or pay interest on overpayments.
PART 38. TITLE IV-D AND NON-TITLE IV-D CENTRAL CASE REGISTRY INFORMATION
340:25-5-340. Collection and maintenance of addresses of record
Revised 7-1-129-15-15
(a) Scope and Authority authority.Section 112A of Title 43 of the Oklahoma Statutes (43 O.S. § 112A) provides the basis for Oklahoma Department of Human Services (DHS) Child Support Services (OCSS) (CSS) to collect and maintain addresses of record for:
(1) parties and custodial persons (CP) subject to paternity orders or child support orders entered in Oklahoma;
(2) noncustodial parents under Section 237A of Title 56 of the Oklahoma Statutes (NCP) per (56 O.S. § 237A) and (OAC) Oklahoma Administrative Code 340:25-5-213;
(3) parties and custodial persons CPs subject to paternity orders or child support orders entered in other jurisdictions; and
(4) parties and custodial persons CPs when they voluntarily submit them.
(b) Establishment of address of record.Custodial persons CPs and noncustodial parents NCPs establish the initial address of record through:
(1) completion of Form 03EN008E, Family Violence Child Support Services - Address of Record and/or Family Violence Statement;
(2) designation in form 03EN001E, Application for Child Support Services;
(3) a court order; or
(3)(4) a support order summary form when services are not provided under the OKDHS DHS state Title IV-D plan pursuant to Section 237 of Title 56 of the Oklahoma Statutes per 56 O.S. § 237.
(c) Updating an address of record.
(1) A person who is responsible for maintaining an address of record on file with OCSS under Section 112A of Title 43 CSS per 43 O.S. § 112A or Section 237A of Title 56 of the Oklahoma Statutes 56 O.S. § 237A must notify OCSS CSS of any change in the address within 30 calendar days.The person may send changes to OCSS CSS, Central Case Registry, P.O. PO Box 248843, Oklahoma City, OK Oklahoma 73124-8843 or to a district child support office.OCSS CSS may require proof of a person's identity before establishing or changing a person's name or the address of record and may attempt to verify or confirm the correctness of the address of record.
(2) A custodial person CP updates an address of record:
(A) by completing and signing a change of records letter submitting a new address of record in writing;¢ 1
(B) by telephoning OCSS CSS customer service at 405-522-2273 in the Oklahoma City calling area, 918-295-3500 in the Tulsa calling area, or toll-free at 1-800-522-2922 and entering an OKDHS a DHS customer identification number and personal identification number.This provides restricted access to the custodial person’s CP’s case information for OCSS CSS to update the address of record by telephone; or
(C) through a court order.
(3) A custodial person CP who is represented by an attorney may designate the attorney's address as the address of record pursuant to Sections 112A and 413(F) of Title 43 of the Oklahoma Statutes per 43 O.S. 112A & 413(F) by completing Form 03EN026E, Designation of Custodial Person’s Address of Record.The designation must include the signature of the custodial person CP’s and the attorney attorney's signatures.In accepting designation as the CP’s address of record, the attorney becomes responsible for receiving the CP's legal documents and other official papers by regular mail and may receive the CP’s payments.When a custodial person CP has designated an attorney's address as the address of record, the address of record can only be updated with the written permission of the custodial person and the attorney by the CP completing Form 03EN030E, Termination of Attorney Address of Record Designation.In accepting designation as the custodial person's address of record, the attorney becomes responsible for receiving the custodial person's legal documents and other official papers by regular mail and may receive the custodial person's payments.
(4) OCSS CSS does not change a custodial person's CP’s address of record to that of a collection agency to send support payments to the collection agency's address.OCSS CSS denies any such request, unless there has been an assignment of child support to an attorney pursuant to Section 118.4 of Title 43 of the Oklahoma Statutes per 43 O.S. § 118.4.
(5) A noncustodial parent An NCP updates an address of record:
(A) by completing and signing a change of records letter submitting a new address of record in writing; or¢ 1
(B) through a court order.
INSTRUCTIONS TO STAFF 340:25-5-340
Issued 9-15-15
1.A case participant designates or changes an address of record by completing and submitting Form 03EN008E, Child Support Services - Address of Record and/or Family Violence Statement, or another document that provides appropriate notice regarding the purposes of the address of record.
PART 39. ACCOUNTING AND DISTRIBUTION
340:25-5-350.1. Return of overcollected support amounts
Revised 7-1-139-15-15
(a) When Oklahoma Department of Human Services (DHS) Child Support Services (OCSS) (CSS) receives a payment:
(1) in excess of the noncustodial parent's (NCP's) total arrears balance, OCSS CSS returns the excess amount to the payor within 45 calendar days, after discovering the overcollection.n 1
(2) and the custodial person's (CP's) address is unknown, OCSS CSS applies support collections to any unreimbursed public assistance debt associated with the NCP.
(3) made due to an error on the part of the payor that has not been disbursed, OCSS CSS returns it to the payor within 45 calendar days, after discovering the overcollection.OCSS CSS is not required to correct, redirect, or recover the payment unless it was retained by the Oklahoma Department of Human Services (OKDHS) DHS.
(4) that cannot be disbursed to a CP, or returned to the payor or NCP, and there is no debt to the State of Oklahoma, OCSS CSS remits the payment to the OKDHS DHS General Revenue Fund Treasury.
(b) When a an NCP makes an overpayment, amounts less than $3 are not refunded unless issued on an Electronic Benefits debit card.Amounts less than $3 and not issued on a debit card are remitted to the OKDHS DHS General Revenue Fund Treasury.
(c) OCSS CSS does not return overcollected support amounts when the parties failed to provide OCSS CSS with a copy of the order that was modified or vacated.
(d) When a child support modification order initiated by CSS is effective back to the date the motion to modify was filed and the modified support amount is less than the amount previously ordered and paid:
(1) CSS satisfies the over collection when the NCP owes:
(A) past-due child support, by crediting the arrears amount by the amount overcollected;
(B) no past-due child support but owes current support, by offsetting the current child support by an amount each month that will satisfy the overcollection.Unless the parties agree to another amount, CSS requests the offset not exceed 25 percent of the current child support amount; or
(2) CSS is not responsible for satisfying the over collection when there is no current or past due support due and the overcollected support was not retained by the state.
INSTRUCTIONS TO STAFF 340:25-5-350.1
Revised 7-1-11
1.Collections for future support are not overcollections.
340:25-5-350.3. Payment of support through Centralized Support Registry
Revised 7-1-139-15-15
(a) Centralized Support Registry.Oklahoma Department of Human Services (DHS) Child Support Services (OCSS) (CSS) operates a Centralized Support Registry (Registry), also known as the State Disbursement Unit, for the receipt, recording, allocation, distribution, and disbursement of support payments.¢ 1OCSS CSS operates the Registry under per Sections 410 and 413 of Title 43 of the Oklahoma Statutes (43 O.S. §§ 410 and 413), Sections 302.51 and 303.100 of Title 45 of the Code of Federal Regulations (45 C.F.R. §§ 302.51 and 303.100), and Sections 654b and 657 of Title 42 of the United States Code (42 U.S.C. §§ 654b and 657).
(1)This Section applies to both Title IV-D and non-Title IV-D cases, unless the context clearly indicates otherwise.
(2) When a non-Title IV-D child support case has an income assignment in place, the Registry processes child support payments received from unemployment compensation benefits as income assignments per federal and state law.¢ 2
(b) Support payments.
(1) Support payments must be paid as instructed in writing byOCSS CSSto the Registry.
(2) OCSS CSS offices may accept support payments when a payment is made:
(A) in connection with a court action; or
(B) as part of a settlement agreement on a lien or levy. ¢ 3 through 5
(c) Method of payment.OCSS CSSmay require payors and persons to provide information needed to identify and properly allocate and distribute payments and to submit payments to the Registry per 43 O.S. § 413.
(1) Support payment amounts are converted from a foreign country's order amount to a United States (U.S.) dollar amount at the time the order is registered and that exchange rate remains in place until the child support order is modified or the arrears are confirmed.
(2) OCSS CSS:
(A) allocates and distributes support payments per Oklahoma Administrative Code (OAC) 340:25-5-351;
(B) modifies or enforces international orders per OAC 340:25-5-285;
(C) safeguards case information and records received from payors and persons.Information and records concerning Title IV-D and non-Title IV-D recipients of services through the Registry are confidential under per 56 O.S. § 183 except as provided in OAC 340:25-5-67;
(D) sends custodial persons (CPs) a quarterly written notice of the amount of current support, arrears, and interest collected, and the amount of collections paid to the CP.CPs may also obtain this information over the Internet or by telephoning OCSS CSSper OAC 340:25-1-2.1;
(E) reserves the right to refuse to accept a personal or business check or direct debit after receiving a dishonored personal or business check, direct debit, electronic funds transfer (EFT), or other negotiable instrument from the same payor or on the same case; and
(F) considers the date of collection to be the date payments are received by the Registry and applies payments to existing case balances as of that date.If a payment collected represents the current support amount for future months, the amount should be applied to such future months as long as there are no past due balances on any of the noncustodial parent's (NCP's) cases per 45 C.F.R. § 302.51.¢ 6
(3) When OCSS CSSrefuses to accept a personal or business check, direct debit, EFT, or other negotiable instrument from a payor under per (2)(E) of this subsection, the payor:
(A) must submit the payment by cashier's check, certified check, money order, or online using a debit or credit card;
(B) is added to the OCSS CSS Returned Payments List;
(C) remains on the Returned Payments List until OCSS CSS receives the equivalent of 12 months of payments unless:
(i) the payment is returned due to missing endorsement;
(ii) payor provides prior notification that payment will be returned and remits a replacement payment within 10 days of notification in the manner required by OCSS CSS;¢ 7
(iii) returned payment is insufficient funds caused by an OCSS a CSS Financial Institution Data Match levy; or
(iv) OCSS CSS deems the reason for returned payment is out of payor's control;
(D) must request removal from the Returned Payments List by contacting OCSS CSS per OAC 340:25-1-2.1.
(4) OCSS CSS notifies the payor by mail:
(A) of the reason for the returned payment;
(B) that the payor was placed on the Returned Payments List;
(C) that the payor must submit payments as outlined in (3)(A) of this subsection; and
(D) how the payor can be removed from the Returned Payments List.
(5) When OCSS CSS removes the payor from the Returned Payments List and subsequently has another payment returned, the payor is added back to the Returned Payments List and remains there indefinitely.¢ 7
(d) EFT support payments.NCPs, employers, and other payors may register to make electronic payments through the OCSS CSSonline child support payment system (WebPay) at https://www.okdhs-paycs.com/Login.aspx.
(1) To transfer child support payments electronically, NCPs, employers, and other payors must:
(A) callOCSS CSSat the telephone numbers provided in OAC 340:25-1-2.1 to set up the EFT process;
(B) have a valid email account;
(C) have Internet access;
(D) be a legal owner of a:
(i) bank account held at a financial institution within the U.S.; or
(ii) VISA or MasterCard credit or debit card held at a financial institution within the U.S.; and
(E) register to use WebPay.¢ 8
(2) WebPay payments do not replace federally mandated income withholding and will not stop or cancel income-withholding orders for NCPs.
(3) OCSS CSSmay adjust and release payroll deductions that were electronically transferred from a an NCP's wages.When an adjustment cannot be processed in time to effect the change on the next scheduled electronic funds transfer, employers do not refund money to the employee, make adjustments to subsequent EFT payments, or take other action to correct the amount deducted.¢ 9
(4) OCSS CSSreserves the right to:
(A) close a WebPay account and impose fees and charges when a scheduled payment transaction is returned for any reason;¢ 8
(B) add payor to Returned Payments List per (c)(3) of this Section; and
(C) specify what payment formats are used to conduct the electronic funds transfer between businesses to state child support entities.
(e) Payment issuance.
(1) Per 42 U.S.C. § 654 and 45 C.F.R. § 302.38, OCSS CSS issues payments to the CP only by transferring funds electronically, also known as direct deposit, or through debit cards.
(2) Except as listed in OAC 340:25-5-340, CSS does not honor an attorney lien or other involuntary collection remedy against a CSS customer’s child support funds until there has been an opportunity for the exemptions to be determined per 31 O.S. § 1 or other similar law.
(3) When a CP has designated an attorney’s address as the address of record per OAC 340:25-5-340, CSS considers the designation to be an assignment of child support to the attorney per 43 O.S. § 118.4.CSS issues payments to the attorney by paper warrant made payable jointly to the attorney and the CP or by EFT to the attorney’s trust account.When the CP terminates the assignment by changing the address of record per OAC 340:25-5-340, CSS resumes issuing payments to the CP as described in (e)(1).
(4) In interstate cases, OCSS CSSissues payments to the initiating state Title IV-D agency by electronic funds transfer and only issues payments by paper warrant to initiating states that do not have an electronic funds transfer system.
(1)(5) Payments issued by debit card.
(A) When an Oklahoma Department of Human Services (OKDHS) a DHS customer has a debit card, at the point of OCSS CSS initial child support payment issuance for a CP, a letter is mailed explaining that child support funds are added to the existing debit card account.
(B) When an OKDHS a DHS customer was not issued an Oklahoma debit card at the point of OCSS CSS initial child support payment issuance, a letter is mailed explaining the debit card activation process and that the debit card should be expected within ten 10 business days.The CP must activate the debit card within 90 calendar days of issuance.
(i) When a card is not activated, OCSS CSS mails a second letter to the CP after 45 calendar days and a third letter after 90 calendar days.The letters explain the importance of activating the debit card and that when the card is not activated within 90 calendar days the payment is no longer available on the debit card.
(ii) Payments issued to a CP who has not activated the debit card are returned to OCSS CSS after 90 calendar days.When payments are returned to OCSS CSS, payments are applied per OAC 340:25-5-350.4.When the payments were distributed to other case balances or returned to the NCP, the payments are not redistributed to the CP.
(2)(6) Payments issued by direct deposit.After receiving a debit card, the CP may enroll in direct deposit by calling the toll-free customer service telephone number located on the back of the debit card.There are no charges or fees for receiving child support payments by direct deposit.A CP must have a bank account held at a financial institution within the United States U.S. to receive direct deposit child support payments and normal banking charges may apply.¢ 10
(f) Forged endorsement on warrants.
(1) When a CP reports that a warrant has been fraudulently cashed, OCSS CSScompares the payee's signature against the endorsement on the warrant and verifies that the signatures do not match.
(2) OCSS CSSsends the following completed and signed documentation by the payee to the Oklahoma State Treasurer's Office (OST):
(A) Form 10AD044E, Affidavit of Lost or Destroyed Warrant;
(B) Form 10AD045E, Affidavit of Forged Endorsement; and
(C) Form 10AD046E, Investigation Questionnaire.
(3) OCSS CSS issues a replacement warrant to the payee afterOCSS CSSreceives the return of funds from OST and the OST mandatory 60 calendar-day holding period closes.
(g) Overcollected support amounts.OCSS CSSreturns overcollected support amounts per OAC 340:25-5-350.1.
(h) Payment errors. When payments have been disbursed, OCSS CSSmanages payment errors as described in this subsection.
(1) If a payor makes a payment error, OCSS CSS is not required to correct, redirect, or recover the distributed payment, unless it has been retained by OKDHS DHS.
(2) WhenOCSS CSSerrs, OCSS CSSrecovers overpayments to parties or CPs in Title IV-D and non-Title IV-D cases per OAC 340:25-5, Part 37.
(i) Suspicious payment activity.OCSS CSS restricts use of payment methods by imposing limits, hold times, or other measures when OCSS CSSbelieves that suspicious activity has occurred or may occur on a payor's account.
INSTRUCTIONS TO STAFF 340:25-5-350.3
Revised 7-1-139-15-15
1.Oklahoma Child Support Services (OCSS) (CSS) staff follows the Finance Child Support Manual Chapters, available from the OCSS CSS InfoNet, for information on receipt, recording, allocation, distribution, and disbursement of support payments.
2.OCSS CSS provides enforcement for Title IV-D cases only.OCSS CSS does not provide enforcement for non-Title IV-D cases.Non-Title IV-D cases receiving an unemployment insurance benefit payment have a distribution code of K listed on the CFRRX payment screen on the automated Oklahoma Support Information System (OSIS).
3.When a payment is received by a district office, the payment is:
(1) entered in an office receipt book;
(2) logged in the office payment spreadsheet; and
(3) forwarded to the Oklahoma Centralized Support Registry (Registry) no later than the next business day.A settlement payment made by an attorney using a trust check per Oklahoma Administrative Code (OAC) 340:25-5-200 Instructions to Staff (ITS) # 4 may be held longer by agreement.When a payment is not forwarded the same day it is received, it must be secured in a locked cabinet.
4.OCSS CSS staff only accepts cash when paid in court.Cash payments are not otherwise accepted in a district office.OCSS CSS staff converts any cash received to a money order or cashier's check before sending the payment to the Registry.When there is a charge for converting cash, staff must advise payor the cost will be deducted from the payment and the remaining balance will be credited to the child support case.OCSS CSS staff may refuse to accept cash payments and may require a payor to convert a cash payment to a money order or cashier's check.
5.Unless ordered by the court, OCSS CSS only accepts three payments by the same payor in a district office.OCSS CSS staff refuses to accept further payments not ordered by the court to be made in the office.OCSS CSS staff directs the payor to a payment kiosk, WebPay, or the Registry, and provides redirection information, such as a letter or publication.OCSS CSS staff shares the information from OCSS CSS Payment Options, publication number 11-47, with customers.
6.(a) For example, a noncustodial parent (NCP) pays current support on June 1, and makes another payment on June 30.The second payment represents earnings from future months, such as a contractor or a school teacher paid for work to be performed in the future.The second payment is applied to current support for the months of earnings it represents unless there are balances.Refer to OAC 340:25-5-351 ITS # 3 for direction when the NCP has multiple cases.
(b) When a second monthly payment received is a federal payment, such as DFAS or SSA, and represents a regular periodic payment, OCSS CSS logs the payment to the UNDA screen.When the OSIS futures program runs, the payment distributes to current support regardless of balances on the case.
(c) OCSS CSS staff references the Consistent Excellence Futures Business Process.
7.Upon notification there is a returned payment, OCSS CSS staff immediately communicates this to the Center for Finance and Budget (CFB) to stop the payment issuance.All replacement payments must be identified as replacement payments, either on the outside of the envelope or on the face of the check, and mailed to the Center for Finance and Budget CFB at the address provided in OAC 340:25-1-2.1.
8.Online and electronic transactions.
(1) WebPay.For additional information on the terms and conditions of the OCSS CSS online child support payment system, WebPay, OCSS CSS staff refers NCPs, employers, and other payors to the WebPay site at https://www.okdhs-paycs.com.
(2) Electronic Funds Transfer (EFT) and Electronic Data Interchange (EDI).EFT is a process that electronically transfers dollars from one bank account to another bank account at financial institutions located within the United States of America.EDI transfers information.EFT/EDI is used to simultaneously transfer child support payments and remittance information to state child support agencies.
(3) Electronic processing.When processing payments electronically to an initiating state, OCSS CSS provides the initiating state a list of cases OCSS CSS is processing for that state.
(A) For each case, the initiating state confirms case status as active and verifies the accuracy of case information regarding NCP name, custodial person (CP) name, Social Security numbers, and case identifying number.
(B) If the initiating state identifies incorrect information, OCSS CSS updates the case on OSIS.
(C) After case information is reconciled, the initiating state provides their banking information to OCSS CSS and OCSS CSS forwards the initiating state's banking information to the Oklahoma State Treasurer.
(D) OCSS CSS updates OSIS to send payments to the initiating state through EFT, which encompasses the direct:
(i) withdrawal of child support payments from a an NCP's checking or savings account;
(ii) deposit of child support payments into a CP's checking or savings account; and
(iii) deposit of child support payments into an initiating state's banking account.
9.When money is electronically transferred to OCSS CSS in error and there are questions about the amount deducted, the Customer Assistance Response Effort (CARE) refers the customer to district office child support staff.OCSS CSS staff reviews the inquiry and make any necessary adjustments on OSIS and, in some cases refunds money to the employee.
10.OCSS CSS staff refers CPs with debit card questions to the toll-free customer service telephone number located on the back of the debit card.Tips on how to use the debit card are provided with the card.
