Interstate Cases - When Parents Live in Different States
Just because both parties do not live in the State of Oklahoma does not mean we cannot provide assistance. We can establish and enforce a court order locally in most instances. However, there may be times we have to ask another state or country for help. You may hear this referred to as an interstate case. An interstate case is simply where child support agencies from two different states are involved in the establishment or enforcement of a child and medical support order.
If you do not have an open case in another state, you may apply for child support services directly with CSS. You do not have to be an Oklahoma resident to apply for child support services in Oklahoma.
For Custodial Parties Who Live in Oklahoma
If you already have a court order - As a custodial party living Oklahoma, you may open a child support case with Oklahoma OCSE, even if you may have a court order from another state. We will make every effort to enforce the court order locally. However, there may be times when we have to ask another state or country for help. When this happens, we will request the other state to take action to enforce the order.
If you do not have a court order for child and medical support - We will make every effort to establish a court order locally, if allowed by law. If Oklahoma OCSE cannot establish an order for child and medical support, we will ask another state or country to take action to establish an obligation on your behalf.
Any time another party is involved in a case, there is a possibility that things will take longer than you think they should. Be assured we will monitor the actions the other state or country is taking.
Click here to see the list of countries that have agreed to work with the United States in establishing and enforcing child support orders. If the other parent is in a country that is not on this list, we may not have any authority to work your case. Contact your local child support office for more information.
For Custodial Parties Who Do Not Live in Oklahoma
If the noncustodial parent lives in Oklahoma and you wish to open a case in Oklahoma, we will honor your request. Although, keep in mind that if there are any court dates, you may still be asked to appear, either in person or by phone, for court. You may want to consider opening a case in the state where you live.
If you have a child support case open in the state where you live and the noncustodial parent lives in Oklahoma, we may be asked to enforce your court order. Please keep in mind that federal law does not allow us to discuss the case with you. The child support agency who requested our assistance is considered our customer. All communication with CSS in Oklahoma should go through your local case worker in your home state. If you have concerns about the way your case is being managed, you will need to discuss your concerns with that state.
Full Faith and Credit
In 1994 the United States Passed a law called the Full Faith and Credit for Child Support Orders Act (FFCCSOA). This Law requires each state to honor all child support orders issued properly but any other state. For parents this means that while 2 child support agencies are involved, they are both going to be following the same child support order.
Federal Law requires every state to enact the Uniform Interstate Family Support Act (UIFSA). UIFSA increases the efficiency of the child support agency in processing cases across state lines.
One – Order World
One of the guiding principles of UIFSA is that there should only be one court order for child support at a time. It is not proper for a court to create a brand new order when one already exists. Instead, the second court must give “Full Faith and Credit” to a previously existing order.
UIFSA also limits which court has authority to modify a child support order. Only the court with the continuing exclusive jurisdiction (CEJ) may modify the Order. The rules governing CEJ and modification are complex. For more information contact your caseworker for more information.
Paternity and Support Order Establishment
UIFSA can also impact he original creation of the child support order. For a court to establish paternity and/or support the court must have “jurisdiction” over the parties. Without jurisdiction, a local court may not proceed. When that occurs, Oklahoma CSS must seek the help of the child support agency where there is proper jurisdiction.