Office of Administrative Hearings FAQ

District courts can decide all kinds of questions in cases, including the ones OAH can decide. Some of the questions OAH can decide include who is the legal parent of the child, child support to be paid in the future, and the amount of any back due child support. OAH cannot decide visitation or custody of a child. You will need to go to a district court if you want a visitation or custody order. OAH decisions are court orders, the same as district court orders.  

The term “hearing” can mean different things. Your scheduled appointment with OAH will be included on a list of cases for the day. OAH calls this list a “docket.”  Your appointment on a docket may also be called a “hearing.” The other meaning for the word “hearing,” instead of “appointment,” happens when everyone in your case actually goes before the judge. At that point, the word “hearing” is the same as having a trial before a judge with no jury. You will also have a chance to take care of your case without a “hearing” or trial before the judge.  [See FAQ #15]  If your case goes before the judge, everyone will have an opportunity to prove the facts they believe are true, to ask for what they want, and to explain why they should get what they want. 

The judge, anyone who might be a parent, attorneys, and witnesses could be present. Child Support Services ("CSS") will be represented by a State’s Attorney. The State's Attorney does not work for any possible parent or the child(ren). The State’s Attorney does not work for OAH. OAH and CSS are separate from each other.  

Yes. OAH judges are licensed attorneys, just like district court judges.

The judge will listen to you (and everyone else) during the hearing. When not in hearing, the judge cannot talk to you about the case. 

It is your choice to hire an attorney to help you. OAH will not provide an attorney for you. If you hire an attorney, your attorney must be in all of your hearings. Your attorney will also explain when you can and cannot talk to anyone else involved in your case. Only lawyers licensed in the State of Oklahoma may represent someone in a hearing.

No. The Authorized Representative form only allows you to read the child support file and give information and papers to CSS.  

If CSS is involved, then CSS, a mother, a father (or possible father), and/or a child’s guardian may ask for a hearing.  

The answer to this question depends on who is asking the judge for something.
(A)  CSS: 

• “Notice of Hearing”:  When CSS sets a hearing for you, the papers will have a Notice of Hearing page with the date and time of your hearing.
• “Request for Hearing”:  When CSS has not set a hearing for you, you will need to request a hearing. The papers from CSS may either ask you to do your own Request for Hearing or might have a Request for Hearing form for you to use. Either way, you will send the Request for Hearing to OAH and a copy to CSS. (See: Filing Papers in Your OAH Case) Please send your request by the deadline in the CSS papers.

(B) You:

• “Using CSS Forms”:  CSS has created basic forms for people to use when they want something from a judge. These forms have good instructions and can be found on the CSS page. The instructions for the CSS forms will tell you to file a copy in OAH. 
• “Using Your Own Words”:  If the CSS forms will not work for your situation, you may write out in your own words what you want from the judge and explain why you believe the judge should give you what you want. You will need to file a copy in OAH.

You may file forms or other papers in your case by delivering or mailing the papers or by emailing a PDF attachment. Do not send personal letters intended only for the judge in your case. (See: Filing Papers in Your OAH Case)

OAH sets a hearing date and time. You will get either an "Order Setting Hearing" or a "Notice of Hearing" with the information about the hearing. You will need to send copies to the other parties. If you know a party has an attorney, you will send the copy to the attorney. You will always send a copy to CSS.  Because the right way to send copies to others may depend on your situation, you should either ask an attorney or, if you do not want to ask an attorney, you may always send copies by Certified Mail: Restricted Delivery and Return Receipt Requested, or by private process server. If you choose Certified Mail: Restricted Delivery and Return Receipt Requested, ask the post office how to look up proof of delivery on the post office website. You will need to either print a copy or make a "screen shot" PDF to file in OAH with a list of the papers that were mailed. If you choose a private process server, he or she will give you an Affidavit of Service to prove the copy was delivered. You will file the Affidavit of Service from the process server in OAH. (See: Filing Papers in Your OAH Case) If you are curious about other options or want more details, you may read the service statute.

Note:  This answer does not apply to appeals. Please see FAQ #24 for information on appeals. 

Always read everything you get in your case. The date and time of your hearing may be in a "Notice of Hearing," "Order Setting Hearing," "Order of Continuance," or on another paper, like an order which has a note about a review date. You may also find more instructions about your hearing in those papers.

You may call CSS at 1-800-522-2922 to reach your CSS caseworker. CSS may be able to help you reschedule with everyone’s agreement to a continuance order. You cannot call OAH and have OAH reschedule the hearing for you. If everyone does not agree to reschedule, you must send a written request to OAH with your reason for changing the date. You must send copies of your request to CSS and the other party (or the other party’s attorney if you know of one). If you send a request for a continuance, do not assume that it will be granted. Unless you are told that the request was granted, you should attend the hearing or you may lose your case. (See: Filing Papers in Your OAH Case)

Judges always appear by video or phone. All OAH hearings are done by video or phone calls. CSS may arrange for you to appear at a physical location on occasion.
(See: How to attend Your Hearing)

OAH uses Microsoft Teams, which is similar to Zoom, to create a meeting that everyone will join. Each person will be given the information needed to join and can choose to use a phone, computer, tablet, or other device. Do not go to OAH to attend your hearing. In a video/phone hearing before the judge, everyone may see and hear each other. The hearing will be done as if everyone were in a courtroom (with some differences as to the handling of exhibits).

Please visit the following link to learn how to join the video/phone hearing.

If everyone agrees to work things out, everyone may not need to see the judge for a hearing. If you do reach an agreement (which is also called “settling” or “reaching a settlement”), CSS will ask you to sign or allow CSS to note your agreement on the court order. Do not sign or allow CSS to note your agreement on the order until you have read and understand the order. After this step, the court order will be given to the judge for signature. A few agreed orders may need to be explained by everyone to the judge during a short hearing so the judge can decide whether to approve the order. Normally, there will be no need to see the judge on an agreed order. Settlements are possible but you do not have to reach an agreement. If there is no agreement, everyone will go to the judge who will make a decision after the hearing. 

On your hearing day, your first contact will be with CSS. You should be ready for a call from CSS or OAH, beginning at the appointment time set for your hearing and then through the rest of the day. CSS may also attempt to contact you before the time of your appointment. You may have a wait past your appointment time because many cases are done on the same day. If you do not answer the call, you may "default" and lose your case. The call may show as “unknown” or a name you do not know. Please answer all calls that day so you do not miss court and lose your case.  

Always read every paper you receive. Many of these papers will have instructions and deadlines. It is important that you follow the instructions and meet all deadlines. This list has some of the steps you may take:

• File a written response to any application, notice, petition, or motion served on you that asks the judge to take action against you. You will file the response in OAH and send copies to CSS and any other party (or to the party’s attorney, if known).
  
• Think about how to prove your side of the story by using things like these as exhibits:
  • Payment receipts or cancelled checks
  • Child Care Receipts
  • Current Income Information
  • Tax Returns/W-2s
  • Proof of Medical Insurance
  • Proof of Living Expenses
  • Records of Child Support Payments, Paid or Received
• Submit a copy of anything you intend to use at hearing as an exhibit to prove your case by following the instructions you find here.  
• Think about how to tell your side of the story. Practice what you want to say to the judge out loud. Think about how you will tell what each of your exhibits mean and why you believe they are important.
• You have to gather the evidence to prove your case. No one, including CSS, will do it for you.
• If you want evidence from other people in the case you have the right to ask for it. This is known as “discovery.” An attorney would be helpful in this situation. See 12 O.S. §3224 if you would like to read more.
• Think about people, beyond the other possible parent, that might have first-hand information about the facts that you believe will prove your story. These people are your possible witnesses. Make sure they are available, just like you are, for the hearing beginning at the appointment time. Remind your witnesses to be ready for a call and to answer, even if it is from an “unknown” number or from a person they do not know. You may also call the other possible parent and/or a CSS caseworker as witnesses, but you may not call any of the attorneys or the judge as a witness. 

You will need to sign anything that you file with OAH that asks the judge to either "do or not do" something. Also, you may be asked to “sign” a proposed agreed order if you settle the case. (See FAQ #15)

A "subpoena" and a "subpoena ad testificandum" are the same and order someone to give testimony. A "subpoena duces tecum" is an order for a person to show papers to another and/or allow copies to be made. These are helpful when someone may not agree to be a witness or make papers available.  

The judge, the attorneys, the possible parents, and any witnesses will be in the hearing. The judge controls the hearing. If anyone is disrespectful or fails to follow the judge’s instructions, the judge will take action to stop the poor behavior. The judge may issue a warning or mute the person’s microphone so he or she can’t be heard. For extreme or repeated poor behavior, the judge may remove that person from the remainder of the hearing. Hearings can take a few minutes to hours, although most hearings take about an hour. Please have child care so your attention is on the hearing. Also, do not drive during your hearing. You need to pay attention and view exhibits during the hearing. During the hearing if there is a word or issue that you do not understand, tell the judge and the judge may explain. Each person will take a turn in laying out and explaining their facts. Hearings have the following parts:

• Opening statement: The judge may ask each side to make opening statements at the start of the hearing. An opening statement is a short preview of the facts the evidence will show. Think of it as a "road map" to help the judge understand you from the start. An opening statement is not evidence and will not be used by the judge in making a decision.
• Giving evidence:   Each party believes their side of the story and is responsible for showing the judge why he/she should be believed. The tools you can use include you testifying (talking), asking questions of witnesses, giving exhibits, and explaining how all the facts work together to make your story believable.  
• Witnesses: In addition to you testifying, you may call witnesses. When you call a witness, other than yourself, you will ask them questions one at a time. After each question, remember to stop and let the witness answer.  Also, do not be surprised if the judge gives instructions on how to word your questions. For example, the judge will not want your question to include any facts that have not already been discussed. After you or your witnesses have talked to the judge, the other parties may also question you or your witnesses. You can also ask questions to the other parties and their witnesses. You may not ask questions of the attorney(s) or ask the judge to testify. Sometimes the judge may ask you to have your witness answer specific questions or may ask questions of you and your witnesses.    
• Exhibits: If you want to give the judge anything like a paper, as an exhibit during your hearing, you must first provide copies to the other party (or a party’s attorney, if known) and to CSS. The other party and CSS must also give you copies of their exhibits. Please note that when you send anything to CSS that does not mean that the judge will see it. If the case does not settle and goes to hearing before the judge, please double check with CSS that all exhibits you want the judge to see during the hearing are going to be included in the hearing request that CSS will send to OAH. (See How to Attend Your Hearing) You must also talk about each exhibit to the judge and ask for it to be admitted in evidence (so the judge can consider it in making the decision). For more details about kinds of exhibits and how to get them to the judge, please read this link.
• Objections: An “objection” is done to alert the judge that a question, testimony, or exhibit may not be helpful or might, for some other reason, be out of place. Any party or attorney may object by saying “objection” and telling the judge why. The judge will ask the other parties or their attorney(s) to explain why they disagree. The judge will either “sustain” the objection (not allowing the question, testimony, or exhibit) or “overrule” the objection (allowing the question, testimony, or exhibit). If there is more than one reason to alert the judge, there can be more than one objection to the same question, testimony, or exhibit. Each party or attorney may alert the judge with an objection to the same question, testimony, or exhibit. The judge will decide each objection, on its own, no matter how many objections are made to the same question, testimony, or exhibit.  
• Closing statement: The judge may ask each side to make closing statements at the end of the hearing. You will have a brief time to remind the judge of the facts, as given in the hearing; to ask for what you want; and to explain why you should get what you want. During the closing statement, you can only talk about facts given in the hearing.

The judge will base the decision on evidence that proves (or, the opposite, disproves) a fact the judge is being asked to believe.  

Testimony can mean when you talk to the judge directly about the facts you believe are true, or when any witness is answering questions during a hearing. All testimony is given under oath, which is a promise to tell the truth. After you or any witness gives testimony, the other party or their attorney can ask questions of you or the witness in “cross examination.” You will be allowed to question any witnesses called by the other parties.

Usually, the judge will give the decision at the end of the hearing and ask CSS to prepare a written order. Sometimes, a judge will take some time to decide and will send out an order within 20 business days after the hearing. Everyone will receive a copy of the order.  

You may file a motion for rehearing in OAH, if you believe you have a good reason for the judge to  possibly take another look at your case. (See Filing Papers in Your OAH Case) For motions for rehearing, you will need to follow the rules in Title 12 of the Oklahoma Statutes. (After clicking the link, scroll to Sections 1031 through 1034 as a place to start.) You may also ask the district court to review the OAH judge’s decision by doing an appeal. If you choose an appeal, you must follow the rules in Title 56 of the Oklahoma Statutes Section 240.3  and OAH rule OAC 340:2-28-55. An attorney would be helpful because there may be law that fits your situation which you will not find on this website. An attorney would also guide you through all the rules which must be followed.

If you do not “show up” as instructed, by calling or answering a call, the court may enter a "default" order against you. A default order usually means you lost your case.

A “certified” copy of an order is a true and correct copy of the one in your court record. All copies you receive will be “certified.” If you need more, you may request copies from OAH by mail, telephone, or by email to Legal.OAH.Staff@okdhs.org. You will need to provide your OAH or FGN number. (See Contact Details within Filing Papers in Your OAH Case.)

No, unless you order a transcript of the hearing.  

A transcript is an official copy made up of the word-for-word typing of everything that was said “on the record” during the hearing. The judge will have recorded the hearing, unless everyone waived recording. You may get a transcript by sending a written request to the OAH clerk. The OAH clerk will send you a letter with the deposit amount. After you pay the deposit, the transcript will be prepared. When the transcript is ready, the OAH clerk will send you a second letter with the remaining balance due. After you pay the remaining balance, the transcript will be sent to you. (See Contact Details within Filing Papers in Your OAH Case.)

Please keep a copy of everything that you send or get in your case. If you are missing a copy or believe you did not receive something, you can contact the OAH clerk and ask for it to be sent as a PDF attachment in an email or through regular mail. You will need to tell the OAH clerk your OAH case number or the FGN number. (See Contact Details within Filing Papers in Your OAH Case.)

The Oklahoma Administrative Code (OAC) can be found on the Oklahoma Secretary of State's website.  OAH's court rules begin with OAC 340:2-28-1 and end with OAC 340:2-28-57.  (See OAC 340)

The law has different parts. These parts include statutes, administrative rules, and policy. These things are written rules. In addition to written rules, judicial decisions in cases help explain the law. These judicial decisions are known as “case law.” Judges often decide cases based on the explanations in prior case law. Case law is published in books and available online. Most of the rules about child support and paternity will be found in Titles 10, 10A, 43, and 56 of the Oklahoma Statutes. Title 12 of the Oklahoma Statutes discusses procedure, discovery, and evidence. There may be more law, including case law that applies to your situation. An attorney would be helpful and can find the rules and case law that fits your situation. Law libraries may be available at county courthouses or the Oklahoma State Capitol. There is also a free website.  

All hearings are in English, and the court order will be in English. If you, your attorney, or witness speak limited or no English, please tell the OAH clerk or the CSS caseworker/attorney, before the hearing day, that you need an interpreter. Oklahoma Human Services will find an interpreter or you may have a friend be the interpreter. The friend cannot be the other possible parent, attorney, or witness in the hearing. (For contact information for the OAH clerk, see Filing Papers in Your OAH Case.)

If you, your attorney, or witness has a limitation that might be a challenge, please advise the OAH clerk or the CSS caseworker/attorney as soon as possible, before the hearing day. Oklahoma Human Services will help through a reasonable accommodation. (For contact information for the OAH clerk, see Filing Papers in Your OAH Case.)