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Oklahoma State Law

1. General Program-At-A-Glance

1. How many local child support offices are in your state excluding agencies with cooperative agreements?
34
2. What is the name of your IV-D agency?
Oklahoma Department of Human Services Child Support Services
3. Is your state administrative, judicial, or a combination of both? In particular, does your state primarily use judicial or administrative procedures to establish and/or enforce support orders? Please describe.
Both, most offices use the administrative process
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4. Does your state use the following applications: EDE, CSENET, QUICK?
Yes

2. Duration Of Support

1. What is the duration of support in your state? Include the age of majority when the support obligation ends in the absence of other factors. Include your state's statutory citation(s).
18 years of age or up to the 20th birthday if the child is regularly enrolled and attending high school. OK CSS considers a child to be regularly enrolled in and attending high school as a full-time student when the custodial person (CP) provides proof of: (1) full-time enrollment in high school program accredited (2) full-time enrollment and attendance in an alternative high school program, including internet-based or vocational-technical courses (3) home-schooling, such as notebooks, study materials, curriculum, and anticipated date of graduation or graduation equivalent. OK CSS staff determines if the information provided by the CP is sufficient to continue current support for the child.
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2. If not addressed in the order, at what age is child support automatically terminated as a matter of state law? Qualify, if necessary.
Effective 11/01/06 18 or up to 20 if child is still regularly enrolled and attending high school.
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3. Does the date of the order determine the law that is applied to the duration of support? If yes, describe.
No. Our duration of support law has changed over the years; however, based on case law, the current duration of support law applies even if the law may have been different when the order was entered. Carr vs Carr 834 P.2d 970
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4. Does your state law allow support to be paid beyond the age of majority under certain circumstances (for example, if the child has a disability or is in college)? If yes, describe.
Yes
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5. What are your state's laws regarding the emancipation of the child that would result in early termination of the child support obligation? Describe.

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6. Does child support end if the child no longer lives with the custodial parent but does not emancipate according to state law? For example, the child graduates from high school at 17 and no longer lives with the custodial parent?
No
7. For orders that include multiple children, does your state automatically reduce the current support owed for remaining children after one of the children in the order reaches the age of majority or otherwise emancipates? If yes, describe.
No
8. Does your state provide IV-D services to establish support for a child who is no longer a minor but for whom state law provides post-majority support (for example, if the child has a disability or is in college)? If yes, please describe the specific circumstances.
No

3. Statute Of Limitations

1. What is your state's statute of limitations for the collection of past-due support?
Court-ordered child support is owed until it is paid in full and it is not subject to a statute of limitations. 43 O.S. Section 137 (B): 12 O.S. Section 95(10)
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2. What is your state's statute of limitations for the establishment of paternity/parentage? Please explain.
Any time before child's 18th birthday. The child may bring an action any time before the age of 19.
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3. Is dormancy revival/renewal possible? If yes, under what circumstances and for how long?
Yes, refer to 43 O.S. Section 137 (B). Dormancy only applies to liens on real property and can be revived by execution or renewal within 5 years from the date of the judgment or last execution.
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4. Support Details

1. What guideline type or method does your state use to calculate child support (for example, Income Shares Model, Percentage of Income Model, Melson Formula)?
Shared Income Model
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2. Does your state have any statute(s) addressing interest on arrears? If yes, indicate the amount of interest charged, any related conditions, and the statutory citation.
Yes, 43 O.S. Section 114 Interest accrues at the statutory rate of 2% per year (change to interest rate effective 11/01/16 from 10% per year to 2% per year). Oklahoma Administrative Code 340:25-5-140.1 Cash Medical Support assigned to the Medical Agency does not accrue interest.
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3. Does your state's IV-D agency calculate interest on arrears? If yes, indicate the amount of interest charged and any related conditions.
Yes, effective 11/01/16 Interest shall not exceed 2% per year. 43 O.S. Section 114; Oklahoma Administrative Code 340:25-5-140.1
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4. Does your state charge interest on retroactive support? If yes, indicate the amount of interest charged and any related conditions.
Yes, effective 11/01/16 Oklahoma Interest rate changed from 10% statutory rate per year to 2% statutory rate per year.
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5. Will your state enforce a medical debt for any uninsured portion? If yes, under what circumstances?
Yes, only if there is a sum certain amount which is generally a medical costs judgment provision in a court order.
6. If your state has issued an order, and another IV-D agency asserts that the person/entity entitled to receive child support payments has changed from the person/entity designated in your state's order (due to a change in placement or foster care status), what does your state require in order to change the person/entity entitled to receive payments?
Oklahoma does not require a new support order for child support when the custody of the children change as the child support follows the children.
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6.1. Does it matter if the child receives TANF or Medicaid-only? If so, explain.
No.
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7. Does your state require that a custodial party, who is not one of the biological parents, have legal custody of a child before enforcing an order for support that was issued to the biological parents as the parties for non-public assistance cases?
No. Child Support follows the physical custody of the child. 56 O.S. 237(C)(2).
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8. Does your state IV-D agency give the noncustodial parent credit toward child support for Auxiliary Benefits received directly by the custodial parent on behalf of a child as a result of the noncustodial parent's Social Security Retirement, Survivors, or Disability Insurance (RSDI) benefit?
Yes
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9. Does your state abate support? If yes, explain the circumstances and provide your statutory citation.
Yes. For NCPs that are incarcerated more than 180 days, support while incarcerated is abated by operation of law. Applies to all cases with Oklahoma child support orders, regardless of where incarcerated.
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5. Paternity/Parentage

1. Does your state law require custody and visitation to be addressed at the time of paternity/parentage establishment? If yes, please describe and provide the statutory citation.
No
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2. What is the percentage of probability for genetic testing that creates a rebuttable or conclusive presumption of paternity?
Rebuttable at 99%. See 10 O.S. 7700-505
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3. What is the state law citation that makes paternity acknowledgment conclusive? Please describe (if appropriate).
A valid acknowledgment of paternity signed by both parents is equivalent to an adjudication of paternity of a child and confers upon the acknowledged father all of the rights and duties of a parent. See 10 O.S. 7700-305
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4. Does marriage constitute a rebuttable presumption of paternity/parentage without exceptions? Please describe and provide your statutory citation.
Yes, A presumption of paternity may only be rebutted by an adjudication under article 6 of 10 O.S. 7700-204 of the Uniform Parentage Act. See 10 O.S. 7700-601 thru 7700-612.
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5. Does the father's name on the birth certificate constitute a conclusive presumption of paternity? Please provide your state citation. If no, please describe.
No, Birth Certificate clerks are trained to add fathers name if an AOP is completed or if either parent states they are married. Clerks are not required to investigate or validate actual marriage. This statement or representation of being married is not binding on either parent.
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6. Does your state have any other paternity/parentage-related presumptions? If yes, please describe.
No
7. What, if any, is the agency name and link for your state's putative fathers' registry?
Oklahoma Department of Human Services, Post Adoption Section, Centralized Paternity Registry, P.O. Box 26768, Oklahoma City, OK 73126-0768 PH:(405)521-3832 Fax: 405-522-2361
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8. What documents regarding paternity can your state's IV-D agency provide to other IV-D agencies? Are there any charges to the requesting IV-D agencies?
AOPs can be requested by emailing OCSS.AOP.Requests@okdhs.org. Paternity Orders entered by the IV-D agency may be request through the Central Registry. Non-IV-D paternity Orders can be requested of the District Courts, as found on wwww.OSCN.net.
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9. Does your states bureau of vital statistics charge any fees to other states or private individuals for requesting searches, paternity/parentage documents, and data?
Yes
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9.1. Describe any circumstances under which these fees may be waived?
None known
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10. Is common-law marriage currently recognized in your state? If yes, describe the standard that defines common-law marriage and the date the standard went into effect.
Yes, a common law marriage is formed when "the minds of the parties meet in consent at the same time." Some evidence of consent to enter into a common-law marriage are cohabitation, actions consistent with the relationship of spouses, recognition by the community of the marital relationship, and declarations by the parties. The person seeking to establish a common-law espousal relationship has the burden to show by clear and convincing the existence of the marriage.
11. If there was a prior common-law standard in your state that is no longer in effect, what were the dates that standard was in effect? Describe the standard.
No
12. If there is more than one child with the same custodial party and the same alleged father, should an initiating jurisdiction send one intergovernmental packet to your state (with a separate Declaration in Support of Establishing Parentage forms for each child) or a separate intergovernmental packet for each child?
One set of documents (with paternity affidavit for each child).

6. Support Order Establishment

1. Does your state use an administrative, judicial, or a combined process to establish a support obligation?
Both
1.1 If your state can establish both administratively and judicially, under what circumstances would your state use the administrative process? Please provide the statutory citation for your state's administrative procedures.
Most offices use the administrative process. 56 O.S. Section 237 et. seq.
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1.2. Under what circumstances would your state use the judicial process? Please provide the statutory citation for your state's judicial procedures.
Judicial process will be used when it is more efficient than the administrative process or when administrative process is unavailable for a particular local.
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2. When setting support using your state's guidelines, whose income is considered in addition to the noncustodial parent's (for example, custodial parent, spouse, child)?
The other biological parent of the child for whom support is being determined.
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2.1. What documentation is required as proof/evidence of this information?
Any evidence available, including employment pay records, tax returns, contracts, etc.
3. What criteria for rebutting your presumptive guidelines have been established in your state?
Court can deviate if award would be inequitable, unreasonable or inappropriate under the circumstances, or not in the best interest of the child; a specific finding of fact supporting such an action must be made by the court. 43 O.S. Section 118(B)
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4. Will your state establish support orders for prior periods of support? If yes, please describe (for example, from the birth of the child, from date of separation, prenatal expenses, five years retroactive).
Yes, two (2) year limit for paternity cases.
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4.1. What information or documentation does your state require to proceed with establishing support for prior periods?
Guidelines information for the prior period. Documentation of income for both parents for the period; evidence of custody; evidence of child support orders for other children and documentation of payments being actually made.
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4.2. Will your state allow a petition for support for a minor child when the only issue is retroactive support?
Yes.
4.3. If there are limitations upon your state's ability to establish support for prior periods, specify those limitations.
Retroactive support allowed only in non paternity only if TANF expended and current child support is also being sought.
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5. Does your state require that a custodial party, who is not a biological parent, have legal custody of a child before establishing an order for support when public assistance is being expended?
No. See 56 O.S. 237(C)(2).
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5.1. What about when public assistance is not being expended?
No. See 56 O.S. 237(C)(2).
6. When your state has issued an order that reserves support, and now child support should be ordered, does your state require establishment or modification?
Modification.
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7. When there is an existing support order between the parents of a child and the child's residence changes from one parent to the other, does your state require that the new custodial parent obtain legal custody before child support is addressed? Please describe.
No, but to determine the amount of support, an order may need to be established.
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7. Income Withholding

1. What are specific sources of income not subject to withholding?
None. "Income" or "earnings" means any form of payment to an individual regardless of source including, but not limited to, wages, salary, commission, compensation as an independent contractor, workers' compensation, disability, annuity and retirement benefits, and any other payments made by any person, private entity, federal or state government, any unit of local government, school district, or any entity created by law. See 12 o.s. 1170
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2. Does your state law adopt the federal Consumer Credit Protection Act (CCPA) income withholding limits? Please provide the statutory citation.
No
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2.1. Does your state have policies or procedures allowing the agency to use lower limits than the CCPA?
N/A
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2.2. What are the withholding limits for non-employees?
None
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3. What is the maximum fee for the administrative cost that an employer may charge for processing income withholding orders? (45 CFR 303.100 (e)(iii).
$5.00 per pay period not to exceed $10.00 per month. See 12 O.S. 1171.3 and 56 O.S. 240.2
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4. Does your state charge any fees to the noncustodial parent that the employer must withhold and remit to the state? If yes, please explain.
No. The "state" does not charge any IWO related fees. Employers may, but are not required, to charge NCPs
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5. Is an employer required to begin withholding after the date of service, receipt, or mailing of an income withholding order?
Date of receipt.
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5.1. How many days following the first pay period that occurs after service, receipt, or mailing of an income withholding order is an employer required to begin withholding?
Upon the next payment to the obligor.
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6. When must an employer remit amounts withheld from an employee's pay?
Within seven (7) days after the date the obligor is paid.
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7. What are your state's sanctions for employers for not implementing income withholding?
Actions are filed in the child support case, small claims court or district court.
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7.1. What are the penalties to an employer for failure to remit payments withheld?
A judgment for the amount that should have been withheld and paid and up to $200 per each failure to make the required deductions. See 12 0.S. 1171.3 (B)(9). 56 O.S. 240.2
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8. Does your state allow other jurisdictions to send income withholding orders for unemployment insurance (UI) benefits directly to your state's UI agency? If yes, please explain your process and include any additional required documents.
No.
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8.1. If no, what is your state's process to aid the other jurisdictions in withholding UI benefits? Please describe and include the required documents.
2021 Senate Bill 794 changed Oklahoma law. Effective 11/1/2021, 40 O.S. 2-801, authorizes unemployment offsets from the Oklahoma IV-D agency only. Please send full service intergovernmental referral to Oklahoma Intergovernmental Central Registry for assistance.
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9. Does your state allow other jurisdictions to send income withholding orders directly to a noncustodial parent's financial institution in your state? If yes, please explain your process and include any additional required documents.
Yes, to an employer, a workers' compensation insurance carrier, or a Social Security Administration office.
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9.1. If no, what is your state's process to aid the other jurisdiction in collecting from a financial institution? Please describe and include the required documents.
10. How does a noncustodial parent contest an income withholding in your state?
By filing an action in District Court.
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11. How does your state allocate payments when there is more than one claim against the noncustodial parent's income? Should the payment be divided equally or pro-rated among the cases? (See 45 CFR 303.100(a)(5).)
All collections are allocated first to cases with current support due, and shared pro rata based on the monthly current support payment plan. If there are additional collections then they are allocated across multiple obligations pro rata based on the monthly arears payment plan first, then pro rata based on total arrears balance due.
12. When calculating disposable income for child support purposes, what are the mandatory deductions from gross income required by state law, such as union dues or medical insurance premiums?
See 43 O.S. 118C
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13. When does your state require the employer to send notice of an employee's termination?
Within 10 days of the date the obligor terminates employment.
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14. When your state is enforcing an order and receives payment through income withholding that is not enough to cover the full amount ordered, how does your state apply the payment to the types of support (for example, current, arrears, medical, spousal support, other)? Please describe and provide the statutory citations, if appropriate.
Employers are directed to pay 1st - Current Child & Spousal Support 2nd - Health Insurance Premiums 3rd - Arrearages 4th - Other Child Support Obligations.
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8. Distribution

1. Does your state pass through collections (and disregard collections for Temporary Assistance for Needy Families (TANF) eligibility purposes) in current assistance cases? If yes, provide the amount and explain.
No, state plan 2.4: NA (The State will not participate in the pass- through provisions for Current Assistance cases under section 457(a)(7)(B) of the Act, as amended by the DR
2. Does your state participate in the pass-through in former assistance cases? If yes, provide the date and explain.
No
3. In former assistance cases, are federal income tax refund offset payments applied to families first (DRA distribution) or state arrears first (PRWORA distribution)?
State plan 2.4: NA (The State continues to distribute all collections according to PRWORA distribution, i.e. former section 457(a)(2)(B) of the Act as in effect prior to 10/1/09)
4. How does your state distribute payments when the noncustodial parent has arrears due to your state and another state?
State plan 2.4: NA (The State continues to distribute all collections according to PRWORA distribution, i.e. former section 457(a)(2)(B) of the Act as in effect prior to 10/1/09)
4.1. If there are no arrears due to your state, how does your state distribute payments when the noncustodial parent has arrears due to multiple states?
All collections are allocated first to cases with current support due, and shared pro rata based on the monthly current support payment plan. If there are additional collections then they are allocated across multiple obligations pro rata based on the monthly arears payment plan first, then pro rata based on total arrears balance due. Federal Tax refund collections are distributed according to federal requirements.
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9. Enforcement

1. What data matches (for example, financial institution, state lottery) and enforcement remedies are available through Automated Administrative Enforcement in Interstate Cases (AEI) in your state? (See AT-08-06: Implementing Section 466(a)(14) of the Social Security Act, High-Volume, Automated Administrative Enforcement in Interstate Cases.)
State & Federal offset for Tribal IV-D programs.
2. What criteria must be met, and in addition to Transmittal #3, what documentation does your state require to proceed with an AEI request?
Tribal IV-D process requires a MOU, then the process is entirely electronic. Tribal case must have $500 or more of arrears.
3. What are your state's criteria for reporting a noncustodial parent's child support information to credit bureaus?
At least 2 months prior financial history, arrears greater than $10,000 or 92% of monthly due not paid. Once referred, continues monthly until all arrears are paid or the case is closed.
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4. To which credit bureaus does your state report a noncustodial parent's child support information?
Transunion, Equifax, Innovis
5. Is the method for credit bureau reporting judicial, administrative, or both?
Administrative
6. Can a noncustodial parent who no longer has a past-due account have the report removed from the credit bureau? If so, what must the noncustodial parent do?"
CSS automatically sends a "paid" indicator and a zero balance due report when all arears are paid in full. Customers may communicate with the CSS District handling their case(s) or may also submit a "dispute" with the Credit Bureau agency.
7. When your state is the responding state, does it submit past-due cases to OCSE for federal administrative offset? If yes, what is the minimum required past-due amount?
No
8. When your state is the initiating state, does it submit past-due cases to OCSE for federal administrative offset? If yes, what is the minimum required past-due amount?
Yes, $150 for cases with TANF & $500 for private arrears.
9. When your state is the responding state, does it submit past-due cases to OCSE for insurance match? If yes, what is the minimum required past-due amount?
No
10. When your state is the initiating state, does it submit past-due cases to OCSE for insurance match? If yes, what is the minimum required past-due amount?
Yes, $150 for cases with TANF & $500 for private arrears.
11. When your state is the responding state, does it submit past-due cases to OCSE for MSFIDM? If yes, what is the minimum required past-due amount?
No
12. When your state is the initiating state, does it submit past-due cases to OCSE for MSFIDM? If yes, what is the minimum past-due amount?
Yes, $150 for cases with TANF & $500 for private arrears.
13. When your state is the responding state, does it submit past-due cases to OCSE for passport denial?
No
14. Are the financial institution attachment procedures in your state judicial, administrative, or both?
Administrative
15. Are there specific account types exempt from the administrative financial institution attachment process in your state? If yes, which account types are exempt?
No
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16. Is the financial institution attachment process in your state centralized and/or automated?
Automated levies are centralized. Matches not meeting automated criteria are referred to district offices for review and potential manual levy.
17. What are the criteria to attach an account in a financial institution in your state?
Arrears must equal the child support payable for at least 90 days. 56 O.S. 240.22a et seq.
18. Does your state's law require financial institutions doing business in your state to accept enforcement actions directly from other states? If yes, provide the statutory citation. Please explain.
No
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19. If there are no statutory criteria required to attach an account, describe the process for requesting a financial institution attachment from another child support agency (for example, a Transmittal #3) and list additional documentation required.
Send a limited service intergovernmental referral to the Intergovernmental Central Registry. Use the Transmittal #1 marking Action needed as "5. Other: FIDM only", Child Support Agency Confidential Information Form, copy of order, arrears statement, bank information including account # & direct contact number for CSE worker sending request.
20. Does your state's income withholding definition include amounts in financial institutions?
No. Financial institutions holding accounts do not meet the IWO definition of a "payer". See 12 O.S. 1170
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21. Does your state require sending a notice of intent to the noncustodial parent when attaching an account in a financial institution? Who notifies the noncustodial parent - the state, the financial institution, or both?
Yes. The state notifies the noncustodial parent. The FIDM levy freezes the account for 60 days and expires automatically unless released prior to the 60 days in writing by Child Support.
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22. How long does the financial institution have to hold funds before sending the noncustodial parent's assets to your child support agency?
21 days
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23. Does your state law or policy require the financial institution and/or state to hold the attached assets during the challenge or appeal time frame? If yes, provide the statutory citation and time frames.
Yes. See 56 O.S. 240.22. Financial Institution holds frozen funds for initial 21 days. Freeze continues for a total of 60 days with remittance after each additional seizure.
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24. What amount or percentage of the noncustodial parent's financial assets are eligible for attachment? Is this different for joint accounts? Please explain.
All amounts are eligible for attachment, but the amount of the remittance to child support, after deducting any bank fee, must equal or exceed $50.00; No it is not different for joint accounts.
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25. What are the criteria for a noncustodial parent and/or joint account holder to contest a financial institution attachment?
Wrong person or wrong amount. Funds belonging exclusively to joint account holder and account not previously levied. Negative impact on reliable support of a child.
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26. Does your state have procedures to liquidate non-liquid assets (for example, stocks, bonds, etc.)? If yes, provide the statutory citation and the procedures to follow.
No
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27. What are your state's criteria for driver's license revocation/suspension for nonpayment of support?
When one of the five following criteria occurs: 1.Only partial payments have been made for 90 days of a court ordered plan; 2.The NCP has failed to obtain or maintain health insurance for at least 90 days (if required by court order); 3.Arrearages in the case are equal to or greater than 90 days support; 4.Failure to comply after receiving appropriate notice to comply with subpoenas; 5.Failure to comply with an order to submit to genetic testing to determine paternity.
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28. What are your state's criteria for driver's license restoration/reinstatement, including hardship exemptions?
The court may reinstate the licenses of the obligor if the obligor has: a. paid the current child support and the monthly arrearage payments each month for the current month and two (2) months immediately preceding, or paid an amount equivalent to three (3) months of child support and arrearage payments which satisfies the current child support and monthly arrearage payments for the current month and two (2) months immediately preceding, b. disclosed all information regarding health insurance availability and obtained and maintained health insurance coverage required by an order for support, c. complied with all subpoenas and orders relating to paternity or child support proceedings, d. complied with all orders to submit to genetic testing to determine paternity, and e. disclosed all employment and address information. See Section 139.1 of Title 43
29. Does your state allow temporary or conditional driver's licenses? If yes, what are the criteria?
Yes, there are times when the Department of Public Safety makes this decision if the NCP contacts DPS and has just cause for a temporary work license.
30. What are your state's criteria for professional license revocation/suspension for nonpayment of support? Specify the professional license types.
State law does not authorize revocation nor suspension at this time.
31. What are your state's criteria for professional license restoration/reinstatement, including hardship exemptions?
State law does not authorize revocation/suspension at this time. Licenses previously revoked can be reinstated by NCP paying 3 months of support or more. A court order reinstating is necessary.
32. Does your state allow temporary or conditional professional licenses? If yes, what are the criteria?
No
33. What are your state's criteria for recreational license revocation/suspension for nonpayment of support? Specify the recreational license types.
34. What are your state's criteria for recreational license restoration/reinstatement, including hardship exemptions?
Licenses can be reinstated by NCP paying 3 months of support or more. A court order reinstating is necessary.
35. Does your state allow temporary or conditional recreational licenses? If yes, what are the criteria?
No
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36. What are the criteria for initiating/filing a lien in your state?
Past due amounts become a lien by operation of law. 43 O.S. 135(B)
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37. Is the lien process in your state primarily judicial, administrative, or both? Please describe.
Both
38. Does your state enforce property seizure and sale? If so, is this process primarily judicial, administrative, or both? Please describe.
Yes, Judicial. Exempt homestead property may not be sold by forced sale. We have the legal authority and process. However, these types of actions are resource intensive and not usually cost effective to pursue.
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39. Does your state have a state income tax refund offset as an enforcement remedy? If yes, describe whether the process for this remedy is primarily judicial, administrative, or a combination.
Yes, administrative.
40. Does your state intercept lottery or other types of gaming/gambling winnings in your state? If so, what kind of winnings are included?
Yes, lottery winnings.
40.1. If yes, is this enforcement judicial, administrative, or both?
Administrative
41. What other administrative enforcement procedures are available in your state that are not otherwise described in the IRG?
N/A
42. What other judicial enforcement procedures are available in your state that are not otherwise described in the IRG?
N/A

10. Modification And Review/Adjustment

1. How frequently does your state conduct order reviews in IV-D cases (for example, every year or every three years)? (See 45 CFR 303.8.)
If requested by a party, not more often than once a year unless there is a material change of circumstances. At least every three years for cases with a TANF assignment. See 340:25-5-198.1
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2. What is your state's modification procedure? Briefly describe.
Once case is reviewed and determined to be appropriate for a modification, we attempt to obtain an agreement from the parties to the proposed adjustment. If no agreement is reached, the parties are given 15 days to object to the recommendation of the CSE by submitting additional information. A hearing date is set for the court to approve the request and Order of Modification.
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3. What are the criteria for modification under your state's guidelines (for example, a change that is more than $50 or 20% upward or downward from the current amount ordered)?
Courts modify upon a material change in circumstances. For CSS to proceed with seeking a modification the amount of the support award must deviate from the existing award by an amount greater than 20%.
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4. Which of the following criteria for demonstrating a change in circumstances apply for modifying an order?
Child support orders may be modified upon a material change in circumstances which includes, but is not limited to, an increase or decrease in the needs of the child, an increase or decrease in the income of the parents, incarceration of a parent for a time period of more than one hundred eighty (180) consecutive days, changes in actual annualized child care expenses, changes in the cost of medical or dental insurance or when one of the children in the child support order reaches the age of majority or otherwise ceases to be entitled to support pursuant to the support order. The court shall apply the principles of equity in modifying any child support order due to changes in the circumstances of either party as it relates to the best interests of the children.
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4.1. The earnings of the noncustodial parent have substantially increased or decreased.
Yes
4.2. The earnings of the custodial parent have substantially increased or decreased.
Yes
4.3. The needs of a party or the child(ren) have substantially increased or decreased.
No
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4.4. The cost of living has changed.
No
4.5. The child(ren) has extraordinary medical expenses not covered by insurance.
Yes
4.6. There has been a substantial change in childcare expenses.
Yes
4.7. What other criteria does your state use for demonstrating a change in circumstances for modifying an order?
When an order is not in compliance with the child support guidelines or visitation exceeds 120 nights per year.
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5. Does your state have a cost of living adjustment (COLAs) for orders? If yes, what index does your state use? (See 45 CFR 303.8(b)(1)(ii).)
No
6. After learning that a parent who owes support will be incarcerated for more than 180 calendar days, does your state elect to initiate a review of an order without the need for a specific request, i.e., automatically? (See 45 CFR 303.8(b)(2).)
Yes
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11. Lump Sum Payments

1. What is your state's definition of a lump sum, if it has one? Provide the statutory citation. (Note: States may define "lump sum" more broadly than only employer- related lump sums.)
No definition.
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2. Does your state law require employers to report lump sum payments? If yes, provide the statutory citation or rule.
No
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3. How does your state attach different types of lump sum payments? For example, does your state use the OMB-approved income withholding order for employer-issued bonuses, a lien, and levy notice for workers' compensation (if workers' compensation is considered a lump sum payment in your state), etc.?
For employers, and other payors we use a Lump Sum IWO. For WC or PI Insurance payments a Notice of Lien.

12. Cost Recovery And Fees

1. Does your state elect to recover costs in excess of any fees collected to cover administrative costs in your child support state plan? (See section 454(6) of the Social Security Act and 45 CFR 302.33(d).) If yes, does your state collect excess actual or standardized costs on a case-by-case basis? Please describe.
Yes, state plan 2.5 Any costs incurred in excess of any fees collected to cover administrative costs under the State plan in providing services are: recovered from either the former IV-A recipient; former Medicaid recipient; or former title IV-E foster care recipient or the individual who has filed an application for IV-D services, in accordance with 45 CFR 302.33(d)
1.1. If yes, does your state recover costs from the custodial parent or the noncustodial parent? (Note: No costs can be assessed against a foreign custodial parent applying through a Central Authority in a Hague Convention country, a foreign reciprocating country, or a foreign country with state-level reciprocity.)
Recovered from either the former IV-A recipient; former Medicaid recipient; or former title IV-E foster care recipient or the individual who has filed an application for IV-D services, in accordance with 45 CFR 302.33(d)
2. Does your state recover costs on behalf of an initiating state that has elected to do cost recovery? If yes, describe.
Yes, genetic test cost is recovered from the putative father, if paternity is established.
3. How does your state impose and collect the mandatory $35 annual fee (after collecting the first $550)? This fee is applicable in IV-D cases in which individuals who never received IV-A assistance are receiving IV-D services. (See 45 CFR 302.33(e).) See options below.
State plan 2.5-4 The State shall impose the annual $35 fee and the fee will be collected by one or more of the methods below. The fee shall be: Retained by the State from support collected on behalf of the individual (but not the 1st $550 collected)
3.1. Is it retained by the state from support collected?
Yes, The State shall impose the annual $35 fee and the fee will be collected by one or more of the methods below. The fee shall be: Retained by the State from support collected on behalf of the individual (but not the 1st $550 collected)
3.2. Is it paid by the individual applying for child support services?
No
3.3. Is it recovered from the noncustodial parent?
No
3.4. Is it paid by the state out of its state funds?
No

13. Insurance Match

1. Does your state have legislation requiring insurance companies to work with child support agencies to identify claimants who owe past-due child support? Describe the requirements and provide the statutory citation. How does your state allocate payments when there is more than one claim against the noncustodial parent's income? Should the payment be divided equally or pro-rated among the cases? (See 45 CFR 303.100(a)(5).)
Yes, see 56 O.S. 237B
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2. What criteria must a noncustodial parent meet to be eligible for your states participation in the federal insurance match program?
3. What process does your state use to intercept insurance payments?

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4. How does another state initiate and intercept collections from your states workers compensation agency?
By either sending an IWO & Notice of Child Support Lien directly to the Insurance/Workers Compensation company or sending a Limited Service Intergovernmental referral to Oklahoma Interstate Central Registry for processing. For Limited Service Intergovernmental Referrals include: Transmittal #1, applicable court order and current record of payments.
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5. Does your state participate in the Child Support Lien Network or CSLN (which provides insurance match services)?

14. Family Violence

15. CSENet

1. When your state is the initiating state, does it send a Child Support Enforcement Network (CSENet) case closure transaction to let the responding state know your state has closed its case (including the reason for closure) and/or the responding state's intergovernmental services are no longer needed? (MSC P GSC15; 45 CFR 303.7(c)(11).)
Yes
2. When your state is the responding state, does it send a CSENet case closure transaction to notify the initiating state that its case is closed based on one of the following reasons: (MSC P GSC16)? Initiating state failure to take an action essential for the next steps? (45 CFR 303.11(b)(17).) The initiating state requested the responding state to close the case? (45 CFR 303.7(d)(10).)
Yes
3. When your state is the initiating state, does it send a CSENet case closure transaction to notify the responding state that it must stop any income withholding orders or notices and close the intergovernmental case? (MSC P GSC17; 45 CFR 303.7(c)(12).)
Yes
4. When your state is the responding state, does it send a CSENet case closure transaction to notify the initiating state that, per its request, the case is closed, and your state has stopped its income withholding order? (MSC P GSC18; 45 CFR 303.7(d)(9).)
Yes
5. Does your state send CSENet transactions to request interest information? (MSC R GRINT)
Yes. Case workers can send on a case by case as needed basis.
6. Does your state send CSENet transactions to provide another state with interest and arrears information? (MSC P GSTAI)
Yes. Automatically each calendar quarter.

16. Copies Of Orders And Payment Records

1. What are the procedures and associated costs for obtaining a certified copy of a court order?
Contact court clerk in the county where order was obtained. A list of Oklahoma court clerks can be found at www.oscn.net
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2. What are the procedures and associated costs for obtaining a certified payment record?
Contact child support district office. All child support offices are listed at okdhs.org. If the district office is unknown, contact the Intergovernmental Central Registry.
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17. Uniform Interstate Family Support Act (UIFSA)

1. What is the statutory citation for your state's enactment of UIFSA?
43 O.S. Section 601-101 through 601-903
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2. How does your state define the tribunal (See UIFSA 103)?
"Tribunal" means a court, administrative agency, or quasi-judicial entity authorized to establish, enforce or modify support orders or to determine parentage of a child.
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3. How many copies or sets of documents does your state need for an intergovernmental case referral that is not sent electronically?
One complete set of documents including a certified copy of all orders.
4. Does your state require initiating states to send intergovernmental forms in a one-sided format (when sending paper copies)?
No

18. International - Reciprocity

1. With which foreign countries or other jurisdictions (such as Quebec) does your state have state-level reciprocity for child support? (Do not include federal foreign reciprocating or Hague Convention countries.)
None
2. Does your state exercise its option for enforcement of spousal-only orders for a foreign reciprocating country, a Hague Convention country, or a foreign country with which your state has state-level reciprocity? (See section 454(32)(B) of the Social Security Act.)
No
3. Does your state agency accept direct applications for services from individuals residing outside the United States (See UIFSA 307 - Alternative A), or does your state's law allow discretion in accepting these applications (See UIFSA 307 - Alternative B)?
Yes

19. International Information For Hague Convention Countries

1. When a Hague Convention country seeks registration of a Convention support order in your state, does your state allow the country to send an abstract (or summary) of the order on the Hague Abstract of a Decision form in lieu of the complete text? (See UIFSA 706(b) (1).)
Yes. See 43 Oklahoma Statutes 601-706(b)(1).
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2. Does your state send and receive pleadings and documents electronically in international cases? If yes, specify the types of pleadings and documents your state can send and receive electronically.
Documents: Yes; Pleadings: No
3. What methods of personal service does your state use?
Forward documents needing to be served to a private contractor. Limited in-house process service capability. Oklahoma also uses an "Address of Record" for subsequent service needs.
4. When establishing a child support order, what can be included as add-ons to the child support guideline amount? Please provide the relevant statutory or case law citation. (See also question 1 under Support Details.)
Child care expenses, cash medical support, extraordinary medical expenses.
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5. Does your state encourage amicable solutions between parents to promote voluntary payment of support, such as the use of mediation, conciliation, or similar consent processes? If yes, describe.
No
6. What circumstances will cause your state to end child support before the normal duration?
"The child emancipates before the normal duration. The child is adopted by someone other than the non-custodial parent. The child support order states that the child support ceases prior to the normal duration. Beginning November 1, 2021, a new law amending 43 OS 118I(E) abates current child support owed under an Oklahoma order for an incarcerated noncustodial parent (NCP) who has no income or assets and has been in jail or prison for at least six consecutive months. The abatement starts the first day of the month following the entry into incarceration. This does not apply if the noncustodial parent's crime was against the custodial parent or child or for failing to pay child support. Upon release from incarceration, monthly child support obligation will restart beginning the first day of the month following a lapse of 90 days."
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20. International Payments

1. How does your state disburse child support payments to foreign reciprocating and Hague Convention countries when your state is the responding state in a case?
Check only
2. What actions does your state take to reduce the costs and fees associated with international payment processing?
Oklahoma has very few international cases. All disbursements are by check.
3. Does your state accept electronic payments from foreign reciprocating or Hague Convention countries in international cases? If so, provide payment instructions.
No

21. Tribal Non IV-D

1. Has your state established cooperative arrangements with any Indian tribes or tribal organizations that don't have a tribal IV-D program?
No
1.1. If yes, list the tribes and identify services provided, if less than full services.

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2. Does your state have any IV-D attorneys licensed to practice in the courts of Indian tribes or tribal organizations that don't have tribal IV-D programs?
No