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Oklahoma State Law

A. General/Program-At-A-Glance

A1. How many local IV-D offices are in your state (excluding agencies with cooperative agreements)?
35
A2. Does your state have statutes that define the attorney-client relationship between the state's attorney and the agency only?
Yes
A2.1. If yes, what is the statutory citation?
56 O.S. Section 237.3
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A2.2. Did your state have the state's bar counsel issue an opinion setting the attorney-client relationship?
No, because we have case law which was later codified in the previously mentioned statute: Haney vs. State, 850 P.2d 1087 (1993)
A2.3. If yes, please explain.
N/A

B. UIFSA

B1. What is the statutory citation for your state's UIFSA?
43 O.S. Section 601-101 through 601-903.
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B2. How many copies or sets of documents does your state need for an intergovernmental case referral?
One complete set of documents including a certified copy of all orders.

C. Reciprocity

C1. With which foreign countries does your state have a state level reciprocal agreement for child support enforcement? (Do not include federal foreign reciprocating countries in your answer.)
None
C1.1. Does your state exercise its option to receive Federal Funding Participation (FFP) for enforcement of spousal-only orders for foreign reciprocating countries?
No
C1.2. If yes, please explain.
No, we only enforce spousal orders if there is also a current child support order.
C2. Has your state established reciprocity with any Native American tribal courts?
No
C2.1. If yes, list the tribes and identify services provided, if less than full services.
These full service tribal child support programs are located within the state of Oklahoma: Chickasaw Nation, Osage Nation, Cherokee Nation, Modoc Tribe of Oklahoma, Kaw Nation, Kickapoo Tribe of Oklahoma, Ponca Tribe of Oklahoma, Muscogee (Creek) Nation, Delaware Tribe of Indians & Comanche Nation.
C3. Does your state accept direct applications from parents in non-reciprocating or non-treaty countries? **
Yes
C4. 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).) **
No

D. Age of Majority

D1. What is the age of majority in your state?
Effective 11/01/06, 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.
D2. What is the statutory citation for the age of majority?
43 O.S Section 112 (E)
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D3. 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.
D4. Does the date of the order determine the law that is applied?
No
D4.1. If yes, please explain.
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
D5. Does child support end if the child leaves the household, but does not emancipate?
No
D5.1. Optional comments regarding emancipation.
N/A
D6. Does your state allow support to be paid beyond the age of majority under any circumstances (for example, the child is handicapped or in college)?
Yes
D6.1. If yes, please explain.
Refer to 43 O.S. Section 112.1A - Disabled adult children
D7. Does your state automatically reduce current support owed for remaining children after one of the children in an order reaches the age of majority or otherwise emancipates?
No
D7.1. If yes, please describe the procedure.
N/A
D8. Does your state accept a application from a party after all of the children on the case have emancipated?
No, unless the applicant is asking for services for a disabled "adult child" to enforce an existing order that extends the duty to support past the age of 18. Oklahoma accepts application as Oklahoma CSS enforces these orders under Oklahoma disabled "adult child" law.
D8.1 If not, how does this affect interstate referrals?
Oklahoma will accept Intergovernmental referrals for enforcement for arrears only if there is information that the IV-D case was open in the initiating state prior to emancipation of the youngest child.

E. Statute of Limitations

E1. What is your State's statute of limitations for 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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E2. What is your State's statute of limitations for paternity establishment?
Any time before child's 18th birthday. The child may bring an action any time before the age of 19.
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E3. Is dormancy revival/renewal possible?
Yes
E3.1. If yes, please explain the circumstances when it's possible and how long it's possible.
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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F. Support Details

F1. What guideline type or method does your state use to calculate child support (for example, Shared Income Model, Percentage of Income Model, Melson Formula)?
Shared Income Model.
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F2. Does your state charge interest on arrears?
Yes
F2.1. If yes, please indicate the amount of interest charged and any related conditions.
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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F3. Does your state charge interest on retroactive support?
Yes
F3.1. If yes, please indicate the amount of interest charged and any related conditions.
Effective 11/01/16 Oklahoma Interest rate changed from 10% statutory rate per year to 2% statutory rate per year.
F4. Does your state charge interest on adjudicated arrears?
Yes
F4.1. If yes, please indicate the amount of interest charged and any related conditions.
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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F5. Will your state enforce a medical debt for 50 percent of the uninsured portion?
Yes
F5.1. If yes, under what circumstances?
Only if there is a sum certain amount which is generally a medical costs judgment provision in a court order.
F6. Does your state elect to recover costs or charge fees in your IV-D state plan?
Yes
F6.1. If yes, what costs are recovered from or fees charged to the obligee?
Effective October 1, 2009 a $25 Federal fee will be collected from custodial persons who have never received TANF or AFDC. October 1st of each year, cases qualify for the fee after $500 has been collected and sent to the family. Once the case qualifies, the fee is withheld from the next payment and sent to the federal government. Effective 10/01/17, Oklahoma Child Support Services charges 3%, up to $10 per month, on child support collected and distributed. The fee will not be charged if the CP is an active recipient on TANF or Medicaid on the first day of the effective month of collection. Please keep Oklahoma informed via CSENet of your CP's TANF and/or Medicaid status.
F6.2. If yes, what costs are recovered from or fees charged to the obligor?
Genetic test costs are recovered from the putative father, if paternity is established.
F7. Does your state recover costs on behalf of the initiating state?
Yes
F7.1. Optional comments regarding recovery of initiating state's fees.
Genetic test cost is recovered from the putative father, if paternity is established.
F8. What is the statutory citation for your state's long-arm statute to establish or enforce child support?
43 O.S. 601-201 and 601-202.
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F9. Does your state establish, enforce, or modify spousal maintenance orders?
Yes
F9.1. If yes, under what circumstances?
Oklahoma only enforces spousal support orders and only if enforcing to collect current child support.
F10. Does your state require the initiating state to include information about the new spouse or partner upon a request for establishment or modification? (See General Testimony, AT-11-07)
No.
F10.1. Optional comments regarding required information on spouse or partner.
Additional information may be requested in appropriate cases.
F11. How does your state impose and collect the mandatory annual fee applicable to IV-D cases for people who never received IV-A assistance?
Effective October 1, 2009 the mandatory annual $25 federal fee will be collected from the custodial persons. **See F17.3**
F11.1. Does your state collect the fee by retaining the support collected on behalf of the person but not the first $500?
Yes.
F11.2 Does your state collect the fee from the person applying for IV-D services?
No.
F11.3. Does your state collect the fee from the absent parent?
No.
F11.4. Does your state pay the fee out of its own funds?
Yes, but only when the fee is owed and Oklahoma is unable to collect otherwise.
F12. When did your state implement the required Deficit Reduction Act (DRA) limited-assignment provision?
10/01/09, Oklahoma will no longer assign pre-assistance arrears.
F13. Will your state pass through (and disregard for TANF eligibility purposes) the excepted portion to families in current assistance cases?
No.
F14. Does your state participate in the pass-through in former assistance cases?
No.
F14.1. If yes, provide the date.
N/A
F15. Will your state discontinue eligible assignments under the DRA of 2005?
No
F15.1. If yes, list the eligible assignments your state would discontinue.
N/A
F15.2. When will your state discontinue each type of assignment?
N/A
F16. Does your state follow PRWORA or DRA distribution ordering rules in former assistance cases?
Oklahoma has elected to continue PRWORA distribution.
F17. What are your state's requirements to redirect payments from the court-order payee when a child on the order is receiving TANF with a different payee?
Oklahoma does not require a new support order for child support when the custody of the children change, the child support follows the children.
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F17.1. What are your state's requirements to redirect payments from the court-order payee when a child on the order is receiving Medicaid only with a different payee?
Oklahoma does not require a new support order for child support when the custody of the children change, the child support follows the children.
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F17.2. What are your state's requirements to redirect payments from the court-order payee when a child on the order is with a different payee and not receiving TANF or Medicaid only?
Oklahoma does not require a new support order for child support when the custody of the children change, the child support follows the children.
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F17.3. How does your state collect the $25.00 annual fee on never-TANF cases?
Effective October 1, 2009 a $25 federal fee will be collected from custodial persons who have never received TANF or AFDC. October 1st of each year, cases qualify for the fee after $500 has been collected and sent to the family. Once the case qualifies, the fee is withheld from the next payment and sent to the federal government.
F18. Will your state recover costs from a U.S. resident non-custodial parent in foreign reciprocating or treaty cases? **
No
F18.1 If yes, describe all costs arising in practice (for example, court costs or legal fees). **
F19. Does your state send CSENet transactions to request interest information?(MSC R GRINT)
F20. Does your state send CSENet transactions to provide another state with interest and arrears information? (MSC P GSTAI)

G. Income Withholding

G1. What specific source of income is 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. 12 o.s. 1170
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G2. Does your state have any limits on income withholding in addition to the Consumer Credit Protection Act (CCPA) limits?
No
G2.1. If yes, what are those limits?
N/A
G3. What is the allowable fee per pay period employers may charge for processing income withholding payments?
$5.00 per pay period not to exceed $10.00 per month. 12 O.S. 1171.3 and 56 O.S. 240.2
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G4. After receiving an income withholding order or notice, what is the date by which the employer is required to implement income withholding?
Upon the next payment to the obligor.
G5. What is the date by which an employer must remit amounts withheld from an employee's pay?
Within seven (7) days after the date the obligor is paid.
G6. What are your state's procedures for sanctioning employers for not implementing income withholding?
Actions are filed in, the child support case, small claims court or district court.
G7. What is the penalty 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. 12 0.S. 1171.3 (B)(9). 56 O.S. 240.2
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G8. Does your state allow direct income withholding of unemployment insurance (UI) benefits across state lines?
Yes
G8.1. Explain your process for receiving direct withholding orders across state lines.
40 O.S. 2-801 Send direct withholding to: Oklahoma Employment Security Commission Attn: Benefit Division P.O. Box 52003 Oklahoma City, OK 73152 **NOTE: OESC can only honor "1" active income assignment at a time** If NCP already has an offset in place: send Transmittal #3 requesting collection of OK UIB only, copy of order and arrears calculation to Oklahoma Intergovernmental Central Registry PO Box 248843 Oklahoma City, OK 73124-8843.
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G8.2. What documents are required to intercept UI benefits?
Send IWO to Oklahoma Employment Security Commission (see G8.1). If the IWO is to pay through Oklahoma's Centralized Support Registry (a/k/a SDU) then a copy of the IWO should also be sent to the Intergovernmental Central Registry.
G9. Does your state allow direct income withholding of workers' compensation (WC) benefits across state lines?
Yes
G9.1. Optional comments regarding direct withholding of WC benefits across state lines.
Income withholding orders and liens should be directed to the insurance carrier or employer paying the benefits. An A.E.I. (or one remedy) referral may also be sent to the interstate central registry for OK to process the IWO and lien.
G10. How does an obligor contest income withholding in your state?
By filing an action in District Court.
G11. When the obligor has more than one claim for child support against his or her income, what is your state's priority scheme for income-withholding orders? For example, the employer should allocate the available amount for withholding equally among all orders or prorate available amount across orders.
1st - Current Child & Spousal Support 2nd - Health Insurance Premiums 3rd - Arrearages 4th - Other Child Support Obligations.
G11.1. If an employer in your state receives more than one income withholding order for child support from other states, can the employer request your assistance?
Yes
G11.2. If assistance is not available, explain how employers should proceed. Provide a citation for the state law that governs how they should proceed.
Call Oklahoma Employer Services Center. 1-866-553-2368
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G12. Does your state require any mandatory deductions, such as union dues or medical insurance premiums, to arrive at net pay from gross pay when calculating disposable income for child support purposes?
Only if it is a legally mandatory deduction.
G13. 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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G14. How long should an employer retain the income withholding orders (IWO) after terminating an employee, in anticipation of reinstating the withholding should the employee be rehired?
Until all child support to all children is paid in full or until a termination of the IWO is received.
G15. Does your state charge any fees to the obligor that the employer must withhold and remit to the state?
No.
G16. Does your state offer an alternate web-based payment mechanism in addition to paper and EFT/EDI?
Yes.
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G17. Can another state send a direct income withholding order to any of the following in your state: employer, financial institution (explain which institutions), bureau of workers' compensation, or other income payer?
Yes, to an employer, a workers' compensation insurance carrier, or a Social Security Administration office.
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G18. If there is insufficient income for an employer to withhold for both the total amount of child support and medical support, describe your state's prioritization between child support and medical support.
The current child support is paid in full first, then the employer is to withhold the insurance premium amount.
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G19. If your state has more than one state or jurisdiction requesting to collect support for the same obligor/obligee combination under the same court order for the same children, (for example where current support goes to the CP and other states have claims for past periods based on payment of TANF), what is your state's procedure for distributing payments among these arrears claims?
Follow Family First distribution rules. Current Support paid first, then CP arrears, then State arrears.
G20. If your practice for distribution of payments between cases is directed by state law or rule, what is the citation?
See State Policy 340:25-5-351
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G21. Does your state's law require a signature on the income withholding order?
No

H. Paternity

H1. When your state enters an order establishing paternity, do you also address issues of custody and visitation?
No
H1.1. If yes, please explain.
When the IV-D agency brings the action we do not address these issues. If the CP or NCP raise these issues in an action we bring, the court can address these issues in a paternity order.
H2. What is the percentage of probability for genetic testing that creates a rebuttable or conclusive presumption of paternity?
Rebuttable at 99% 10 O.S. 7700-505
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H3. Optional comments regarding legislation that makes paternity acknowledgments conclusive.
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. 10 O.S. 7700-305
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H4. What is the effective date of the state law that makes paternity acknowledgments conclusive?
09/01/1994
H4.1. Were acknowledgments prior to that effective date rebuttable?
Yes
H4.2. Optional comments regarding paternity acknowledgments prior to that date.
Acknowledgments done before 09/01/94 are not a presumption of paternity.
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H5. Does marriage constitute a rebuttable presumption of paternity?
Yes
H5.1. If yes, how is the presumption rebutted?
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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H6. If the father's name is on the birth certificate and paternity has not been established by any other means, does this mean conclusive determination of paternity?
No
H6.1. If no, briefly explain.
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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H7. What is the effective date of the state law that makes a father's name on the birth certificate a conclusive determination of paternity?
N/A
H8. Does your state have any other paternity-related presumptions?
No
H8.1. If yes, briefly explain.
N/A
H9. Does your state have a putative fathers' registry?
Yes
H9.1. If yes, what is the name of that entity?
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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H10. Are there any fees for requesting searches, paternity documents and data from your state's bureau of vital statistics?
Yes
H10.1. If yes, please describe any circumstances under which these fees may be waived.
None known.
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H11. Is common-law marriage recognized in your state?
Yes
H11.1. If yes, briefly describe the standard that defines common-law marriage.
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.
H11.2. When did your current common-law standard go into effect?
11/16/1907
H11.3. If there was a common-law standard in effect prior to your current standard, what was that standard and when did it go into effect?
N/A
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H12. When the custodial party and/or other witnesses are not able to appear in person for paternity hearings, what methods of testimony are acceptable; for example, written, videotape, and teleconferencing?
Teleconferencing.
H13. Give the statutory citation for your state's long-arm statute and list any special provisions.
43 O.S. 601-201 and 601-202 (UIFSA)
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H14. Does your state recover genetic testing costs for another state?
Yes
H14.1. If yes, please explain.
If paternity order that adjudicates genetic test cost is referred or established.
H15. List any documents required to get the father's name on the birth certificate. For example, is an acknowledgment of paternity needed?
An Acknowledgement of Paternity (including a Denial of Paternity by any Presumed Father) or a certified copy of a Paternity Order. * Vital records may request additional information.
H16. If there is more than one child with the same custodial party and the same alleged father, should one set of documents be sent to your state (with a paternity affidavit for each child) or should a separate packet be sent for each child?
One set of documents (with paternity affidavit for each child).

I. Support Order Establishment

I1. Does your state use an administrative, judicial, or a combined process to establish a support obligation?
Both.
I1.1. If your state can establish under both, under what circumstances would the administrative process be used?
Most offices use the administrative process.
I1.2. Under what circumstances would a judicial process would be used?
Judicial process will be used when it is more efficient than the administrative process or when administrative process is unavailable for a particular local.
I1.3. If your state uses an administrative process, provide the statutory citations for your state's administrative procedures.
56 O.S. Section 237 et. seq.
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I2. In setting support under your state's guidelines, whose income is considered in addition to the noncustodial (NCP's) (for example, new spouses or children)?
The other biological parent of the child for whom support is being determined.
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I3. 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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I4. Will your state establish support orders for prior periods?
Yes
I4.1. If yes, for what prior periods (for example, birth of the child, date of separation, prenatal expenses, 5 years retroactive)?
Two (2) year limit for paternity cases.
I4.2. What information or documentation does your State require to proceed?
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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I4.3. Will your state allow a petition for support when the only issue is retroactive support?
No
I4.4. 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.
I5. What actions can your state perform using the administrative process? For example, does your state use an administrative process for paternity, establishment, modification, and the enforcement of child support?
All actions except contempt. We can bring administrative actions against the CP to compel the CP and child to submit to genetic testing.
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I6. What is your state's statutory authority for the administrative process?
56 O.S. Section 237 et. seq.
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I7. Is there a local state law that allows an interstate administrative subpoena?
No.
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I8. Does your state require that a custodial party receiving public assistance, who is not one of the biological parents, have legal custody of a child before establishing an order for support for that child?
No. Child Support follows the physical custody of the child. 56 O.S. 237(C)(2).
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I9. Does your state require that a custodial party who is not one of the biological parents, have legal custody of a child before establishing an order for support for that child when public assistance is not being expended?
No. 56 O.S. 237(C)(2).
I10. 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.
I11. When your state has issued an order that reserves support and now child support should now be ordered, should the other state request an establishment or a modification?
Modification.
I12. 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 custodian obtain legal custody before a support order is modified or established?
No.
I13. 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 custodian obtain legal custody before support can be redirected to the new payee?
No, but to determine the amount of support, an order may need to be established.
I14. 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.
I15. Does your state send and receive pleadings and documents electronically in international cases? **
Yes
I15.1 If yes, specify the types of pleadings and documents your state can send and receive electronically. **
Documents: Yes Pleadings: No
I16. When establishing a child support order, what can be included as add-ons to the child support guideline amount? **
Child care expenses, cash medical support, extraordinary medical expenses.
I17. Please provide the relevant statutory or case law citation. **
43 O.S. 118 through 118I
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I18. Does your state encourage amicable solutions between parents in order to promote voluntary payment of support, such as the use of mediation, conciliation, or similar consent processes? **
No
I18.1 If yes, indicate the appropriate responses. **
Limited resources allow this only rarely.

J. Support Enforcement

J1. Indicate whether your state has the following enforcement remedies available. Also indicate what procedures are available (i.e., judicial, administrative, or both).
J1.1. Are your state income tax refund procedures judicial, administrative, or both?
Administrative.
J2. Is the lien process in your state judicial, administrative, or both?
Both.
J2.1. What are the trigger criteria for filing a lien?
Past due amounts become a lien by operation of law. 43 O.S. 135(B)
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J2.2. Where are your state liens filed?
Real property liens are perfected by filing a "Statement of Judgment" with the County Clerk in the county where real property is located. See www.OSCN.net for a listing of County Clerks. Personal property liens are perfected in different ways, depending on the type of property.
J2.3. Does your state charge a fee for filing a lien?
Yes
J2.4. If yes, please indicate the amount.
It depends on the type of property the lien is filed against. The amounts vary.
J.3. Does your state enforce property seizure and sale?
Yes
J3.1. Are the property seizure and sale procedures judicial, administrative, or both?
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.
J4. Are the MSFIDM freeze and seize procedures in your state judicial, administrative, or both?
Administrative.
J4.1. When must an NCP receive notice that a MSFIDM freeze and seize action is an enforcement remedy and may be used by the state to collect delinquent child support?
Notice is sent annually
J4.2. 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" 12 O.S. 1170
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J4.3. Does your state require a new notice to be sent when intent to freeze and seize is sent?
Yes
J4.3.1 If yes, who notifies the NCP, the state or the financial institution?
The state. The FIDM levy freezes the account for 60 days and expires automatically unless released prior to the 60 days in writing by Child Support.
J5. What are the time frames if a new notice of intent to freeze and seize must be sent?
Notice to the NCP sent is sent 3 days following notice to Financial Institution.
J5.1. What are the criteria that must be met to deem an obligor eligible for freeze and seize action in your state?
Arrears must equal the child support payable for at least 90 days. 56 O.S. 240.22a et seq.
J5.2. What is the minimum delinquent dollar amount that makes an obligor eligible for asset seizure?
None other than FIDM. For FIDM arrears must equal the child support payable for 90 days.
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J5.3. Is there a specified amount of time of delinquency required prior to proceeding with freeze and seize?
No. Even for FIDM, no specified time.
J5.3.1. If yes, please provide the time frame.
N/A
J5.4. Are only a certain percentage of the obligor's financial assets eligible for freeze and seize?
No
J5.4.1. If yes, provide the percentage.
N/A
J5.4.2. Is the percentage different for joint accounts?
No
J5.4.3. If yes, describe.
N/A
J5.5. Does your state require a minimum amount of money in a financial account for the funds to be eligible for freeze and seize action? If so, provide the amount.
Yes, the amount of the remittance to child support, after deducting any bank fee must equal or exceed $50.00.
J5.6. Who is responsible for applying the minimum amount, your state or the financial institution?
Financial Institution.
J5.7. How long does the obligor or other account holders have to contact your state child support enforcement agency or court to challenge the Freeze and Seize action?
Ten days to request administrative review in writing.
For Additional Information - exit disclaimer
J5.8. If state law or policy allows for a second contest to a freeze and seize action, how long does the obligor or joint account holder have to contact your child support agency or court to challenge the freeze and seize action?
Twenty days after Administrative Review decision to request Administrative Hearing in writing.
J5.9. On what basis can an obligor and/or other account holder challenge a Freeze and Seize action?
Wrong person or wrong amount. Funds belonging exclusively to joint account holder and account not previous levied. Negative impact on reliable support of a child.
For Additional Information - exit disclaimer
J5.10. Is your state's complaint review process judicial, administrative, or both?
Administrative.
J5.11. What are your state's penalties for incorrect seizures?
None
J5.12. Is the second challenge administrative, judicial, or both?
Administrative.
J5.13. What is your state's appeal time frame, unique appeal requirements and recourse for non-debtor accounts?
Account owners can appeal to DIstrict Court within 30 days after Administrative order entered. No unique requirements. Non-debtor has same review and appeal rights as obligor.
J5.14. Is the freeze and seize operation in your state centralized or automated?
Automated levies are centralized. Matches not meeting automated criteria are referred to district offices for review and potential manual levy.
J5.15. Are there additional freeze and seize requirements or limitations not otherwise noted in this profile?
By practice, CSS will not issue automated levy against NCP making 80% or more of court ordered payments for 3 months prior to match. CSS Staff Attorneys may release checking account based on the best interest of the family.
J5.16. Does your state have procedures to liquidate non-liquid assets (for example, stocks, bonds, etc)?
No
J5.16.1 If yes, provide the state authority and the procedures financial institutions should follow to liquidate non-liquid assets.
N/A
For Additional Information - No Link Provided
J5.17. Does your state law or policies instruct the financial institution or state to hold the frozen assets during the challenge or appeal time frame or freeze period?
Financial Institution holds frozen funds for initial 21 days. Freeze continues for a total of 60 days with remittance after each additional seizure.
For Additional Information - exit disclaimer
J5.18. How long does the financial institution have to send the obligor's assets to your child support enforcement agency?
21 days.
For Additional Information - exit disclaimer
J6. Does your state withhold state funds or benefits?
No
J6.1. If yes, is the method of withholding state benefits judicial, administrative or both?
N/A
J7. Describe any other administrative enforcement procedures your state may have.
Tax offset, credit bureau reporting, FIDM, and income withholding.
J8. Describe any other judicial enforcement procedures your state may have.
Contempt
J9. If your State has established specific procedures for registering administrative liens, what are the procedures that another State must follow?
No. Liens must be perfected according to the nature of the property.
For Additional Information - exit disclaimer
J10. Which of your state's enforcement remedies are available without judicial actions?
Tax offset, credit bureau reporting, FIDM, and income withholding.
J11. Describe your state's procedures for registering and enforcing another state's order.
Registration is to occur at the time the enforcement action is taken. Registration is done administratively or through district court depending on the local office and the type of remedy being used. 43 O.S. 601-601 (UIFSA 601)
J12. Describe additional judicial procedures required after registration, if any, to enforce a support order.
None.
J13. Has your state adopted the Uniform Enforcement of Foreign Judgments Act (UEFJA)?
Yes
J13.1. If yes, provide the statutory citation.
12 O.S. Section 718.1, et seq.
For Additional Information - exit disclaimer
J14. What are your state's criteria for reporting an obligor's child support information to credit bureaus?
At least 2 months prior financial history, arrears greater than $1,000 or 92% of monthly due not paid. Once referred, continues monthly until all arrears are paid or the case is closed.
J15. To which credit bureaus does your state report an obligor's child support information?
Transunion, Equifax, Innovis
J16. Is the method for credit bureau reporting judicial, administrative, or both?
Administrative
J17. These questions describe state procedures for Automated Administrative Enforcement in Interstate Cases (AEI). Refer to OCSE-AT-08-06 for additional information about AEI.
J18. What data matches with financial institutions and other entities (and the seizure of such assets) are available through AEI in your state? Examples may include liens and levies, MSFIDM, FIDM, state benefits (lump sum), state lottery, state income tax, etc.
Instate FIDM through IDEC, MSFIDM through OCSE. Workers Compensation and Insurance Carriers (WC & PI) through OCSE & Child Support Lien Network (CSLN)Unemployment through OCSE.
J19. What documentation does your state require to proceed with an AEI request?
Transmittal #1, copy of order, arrears statement, bank information including account # & direct contact number for CSE worker sending request.
J20. What mandatory data elements does your state need to process AEI requests?
Transmittal #1, copy of order, arrears statement, bank information including account # & direct contact number for CSE worker sending request. Sufficient information to build a case and proceed with actions.
For Additional Information - http://www.acf.hhs.gov/programs/cse/pol/AT/2008/at-08-06.htm
J21. Which additional data elements would aid your state in processing AEI requests?
Direct contact number for CSE worker sending request.
J22. How many copies/sets of documents does your state require with an AEI request?
One
J23. What are the criteria that must be met to deem an obligor eligible for any AEI matches available in the state, aside from liens/levies and MSFIDM?
Child Support Order.
J24. Does your state's law require financial institutions doing business in your state to accept freeze and seize actions directly from other states?
No
J24.1. If no, then describe the process for a freeze and seize action from another child support agency (for example, Transmittal #1 or Transmittal #3), and list the additional documentation required.
A transmittal #1 clearly marked for FIDM levy ONLY, a copy of the Child Support Order, the FIDM information and a current arrears computation should be sent to the Interstate Central Registry. Additional information may be requested. Transmittal must have CSE initiating workers direct contact information (Telephone # & e-mail address).
J25. What is the procedure 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 oscn.net
J26. What is the procedure 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 Interstate Central Registry.
J27. Is there a cost for requesting a certified copy of a court order or payment record?
No.
J28. What are your state's policies and practices for driver's license revocation for nonpayment of support and reinstatement, especially for low income parents or a hardship exemption?
J29. What triggers a driver's license revocation?
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.
J29.1 Is there a threshold arrears amount that serves as the basis to revoke or suspend a driver's license?
Yes
J29.2 If yes, what is the amount?
90 days of arrears or 90 days of failure to provide medical insurance as ordered.
J30. Under what conditions may a noncustodial party restore the driver's license?
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. Section 139.1 of Title 43
J30.1 What is the process for restoring a driver's license?
The NCP sends in a written request for reinstatement. The Child Support Specialist analyzes the case within 15 days of receiving the request to determine if reinstatement is warranted. If warranted, the specialist files a reinstatement order with the appropriate tribunal and sends copies of the reinstatement forms or order to the appropriate authorities (i.e. DPS, ODWC, etc).
J31. Does your state allow temporary or conditional driver's licenses?
Yes
J31.1 If yes, what are the conditions?
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.
J32. Describe any innovations or special practices your state uses regarding driver's license revocation and reinstatement.
Our system analyzer places the case on the Action Work List (AWL) if the case meets the criteria for license probation/revocation.
J33. When your state is the initiating state, does it submit delinquent cases to the Debtor File for federal administrative offset?
Yes
J33.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for administrative offset?
Yes
J33.2 What is the dollar amount?
$150 for cases with TANF & $500 for private arrears.
J35. When your state is the initiating state, does it submit delinquent cases to the Debtor File for insurance match?
Yes
J35.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for insurance match?
Yes
J36. When your state is the responding state, does it submit delinquent cases to the Debtor File for federal administrative offset?
No
J36.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for federal administrative offset?
N/A
J36.2 What is the dollar amount?
N/A
J38. When your state is the responding state, does it submit delinquent cases to the Debtor File for insurance match?
No
J38.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for insurance match?
N/A
J38.2 What is the dollar amount?
N/A
J39. When your state is the responding state, does it submit delinquent cases to the Debtor File for passport denial?
No
J40. Does your state give the NCP credit for Retirement, Survivors, and Disability Insurance (RSDI) benefits received directly by the CP?

K. Modification and Review/Adjustment

K1. How frequently does your state conduct order reviews in IV-D cases (for example, every year, every three years)?
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. 340:25-5-198.1
For Additional Information - exit disclaimer
K2. Briefly describe your state's modification procedure.
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.
K3. What are your criteria for modification (for example, $50 or 20% from present order)?
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%.
K4. Which of the following criteria for demonstrating a change in circumstances apply for modifying an order?
K4.1. The earnings of the obligor have substantially increased or decreased.
Yes
K4.2. The earnings of the obligee have substantially increased or decreased.
Yes
K4.3. The needs of a party or the child(ren) have substantially increased or decreased.
No
K4.4. The cost of living as measured by the Federal Bureau of Vital Statistics has changed.
No
K4.5. The child(ren) has extraordinary medical expenses not covered by insurance.
Yes
K4.6. There has been a substantial change in childcare expenses.
Yes
K4.7. 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.
K5. Does your state have cost of living adjustments (COLAs) for orders?
No
K5.1. If yes, what index does your state use?
N/A
K6. How does your state credit SSA disability to current and past-due support?
For current support, the amount of Social Security benefit the child receives from the non custodial parent for disability or retirement is added to the NCP's gross income in preparing the child support guidelines. We then ask the court to deviate from the guidelines to give credit against the base child support amount for the amount of the monthly Social Security benefit payment to the child. See 43 O.S. 118B(G)
K7. Does your state abate support? For example, when the child is not living with the CP for more than 30 days and there has not been a change in custody or when the NCP is in prison, etc.
No
K7.1. If yes, explain the circumstances?
N/A
K7.2. What is the statutory citation for your abatement law?
N/A
For Additional Information - No Link Provided
K7.3. What documents does your state require for each type of referral other than UIFSA referrals? For example, pay records and certifications for TANF, etc.
Enforcement- Certified copy of payment affidavits and Certified copy of all child support orders. Establishment/Modification- Child Care expenses, Insurance information including cost, certified copies of payment affidavits.
For Additional Information - No Link Provided
K7.4. What information does your state need to obtain copies of paternity acknowledgements/affidavits and birth records, including where to make requests and the cost of processing the requests.
Birth or Death Certificates: Division of Vital Records Services Oklahoma State Department of Health 1000 N.E. 10th Oklahoma City, OK 73117 (405) 271-4040 http://www.health.state.ok.us/program/vital/brec.html Cost is $15.00 per certified copy or search for death record. Please include self-addressed, stamped envelope. Paternity Acknowledgments: Oklahoma Child Support Services P.O. Box 248843 Oklahoma City, OK 73124-8843 (405) 522-4570 fax email: OCSS.AOP.Requests@okdhs.org
K8. What information does your state require to register an out-of-state order for enforcement/modification?
ENFORCEMENT: 1 certified copy of each order, Registration Statement for each order, Transmittal 1, Record of Payment. MODIFICATION: Information listed above, plus: Uniform Support Petition and General Testimony.
K9. When a child reaches the age of emancipation and arrears are owed on the order, and there is no established payment on arrears, does your state statute allow collection to continue at the same rate as current support?
No.
K9.1. When a child reaches the age of emancipation and arrears are owed on the order, and there is an established payment on arrears, does your state statute allow collection to continue at the same rate as current support, current support plus arrears, or the arrears payment amount only?
Statute allows for the arrears payment only, but most CSS court orders provide for current support plus arrears.
K10. 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.

L. Payments

L1. Does your state define a lump sum payment?
No
L1.1 If yes, give your state's definition. (Be specific, for example, severance pay, incentives, relocation lump sum payments, etc.).
N/A
L1.2 Provide the statutory citation.
N/A
For Additional Information - No Link Provided
L2. Does your state law require employers to report lump sum payments?
No
L2.1 If yes, give the statutory citation or rule.
N/A
For Additional Information - No Link Provided
L3. Are employers required to report lump sum payments for all income-withholding orders (including cases with no arrears)?
No
L3.1 If yes, what is the threshold amount at which a lump sum payment must be reported?
N/A
L4. How are employers instructed to report a pending lump sum?
Voluntary reports of lump sum payments should be reported to the CSS Employer Service Center, (866) 553-2368 or OklaLumpSum@okdhs.org
L5. What is the timeframe within which the child support enforcement agency must respond to the employer with instructions for attaching the lump sum?
N/A
L6. Does your state use the income-withholding order to attach the lump sum payment?
Yes
L7. Does your state use the lien/levy process to attach lump sum payments?
Yes
L7.1. If yes, what is the name of the document your state uses to attach non-wage lump sum payments?
Notice of Lien.
L8. What other documents does your state use to attach lump sum payments?
None
L9. If the lump sum payment is considered earnings as defined by the Consumer Credit Protection Act (CCPA), does your state have higher limits on withholding than the CCPA limit?
No.
L9.1. If yes, what are those limits?
N/A
L9.2. If the lump sum is not considered to be earnings as defined by the CCPA, does your state limit the withholding/attachment?
No.
For Additional Information - No Link Provided
L9.3. If yes, what are those limits?
N/A
L9.4. If no, what percentage is the employer required to withhold?
Case by case determination usually 50%, but local office may serve a lien for 100%.
L10. If an employer pays the lump sum in addition to regular wages in a single payment, would the CCPA limits apply?
Yes
L10.1 If yes, would the employer only withhold for that period's obligation?
Xerox
L11. Does your state have a direct deposit program?
Yes
L11.1 If so, specify the vendor.
Xerox
L12. Does your state have a debit card program?
Yes. Programs include Child Support, State Supplemental, TANF, Adoption Services, Foster Care, Sales Tax Rebate, DDSD Family Assistance, Energy Assistance, & general finance (miscellaneous).
L12.1 If so, specify the vendor.
Yes
L13. Is the debit card used for any other state government programs (TANF, SNAP, etc.)?
Please see the Product Brochure program materials for the Oklahoma blue card on www.goprogram.com for fee information.
L13.1 If so, are there fees involved?
L14. What are the fees associated with using the card?
L15. How does your state collect child support payments from an obligor? **
Payments must be made to a central location - Oklahoma Centralized Support Registry. Payment may be made by preauthorized withdrawal from a financial institution. Payments may be made by income withholding. Payments may be made by check or warrant. Payments may be made by credit card. Payments may be made by electronic funds transfer. **All normal enforcement and payment processing.
L16. How does your state disburse child support payments to foreign reciprocating and treaty countries when your state is the responding state in a case? **
Check only.
L17. 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.
L18. Does your state process electronic payments in international cases? **
No
L18.1 If so, describe the process. **
L19. What is your state's International Bank Account Number (IBAN)? **
N/A

M. Insurance Match

M1. Note: The Consumer Credit Protection Act (CCPA) limits may apply to any insurance payments issued as an income loss replacement.

For Additional Information - exit disclaimer
M1.1. Additional information on the CCPA.

For Additional Information - exit disclaimer
M2. Does your state have legislation that requires insurance companies doing business in your state to provide, exchange, or look up information with or for your state IV-D agency to determine whether a claimant owes past-due child support?
Yes
M2.1. If yes, provide the statutory citation
56 O.S. 237B
For Additional Information - exit disclaimer
M2.1.2. What information is an insurer required to provide, exchange, or look up with your state's IV-D agency?
D. 1. To comply with the requirements of this section, an insurer shall either provide the Department with information about the claimant or match information made available by the Department. 2. An insurer that elects to provide the Department with information about each claimant shall: a. provide to the Department, not less than ten (10) business days prior to making payment to such claimant: (1) the claimant's name, (2) address, (3) date of birth, (4) social security number as appearing in the insurer's files, and (5) such other information appearing in the insurer's files as the Department may require by rule;
For Additional Information - exit disclaimer
M2.2. How long before making a payment to a claimant must an insurer provide information to the agency?
M2.3. What criteria must an obligor meet to be eligible for your state's insurance match, exchange, look up, or intercept program? For example, is the law limited to specific claimants (such as policyholder, beneficiary or joint policyholder), types of claims (such as life, property/casualty, or workers' compensation), or specific policies (such as annuities, short term/long term disability)?
M2.4. Must the obligor meet a monetary threshold (dollar amount or percentage of payment) to be eligible for your state's insurance match program?
Yes. Prior to remitting Five Hundred Dollars ($500.00) or more on a claim under a contract of insurance, every insurer authorized to transact insurance pursuant to Title 36 of the Oklahoma Statutes shall exchange information with the Oklahoma Department of Human Services, as set forth in Section 237 of Title 56 of the Oklahoma Statutes, to ascertain whether the claimant owes past due child support to the state or to an individual to whom the Department is providing child support services.
M2.5. What does the law require an insurer to do to determine whether a claimant owes past-due child support (for example, log into a secure web application and enter identifying information about the claimant)?
D. 1. To comply with the requirements of this section, an insurer shall either provide the Department with information about the claimant or match information made available by the Department. 2. An insurer that elects to provide the Department with information about each claimant shall: a. provide to the Department, not less than ten (10) business days prior to making payment to such claimant: (1) the claimant's name, (2) address, (3) date of birth, (4) social security number as appearing in the insurer's files, and (5) such other information appearing in the insurer's files as the Department may require by rule; Insurance Companies should visit www.okdhs.org for more detailed information.
M2.6. Does your state law provide an alternative method or measure that an insurer may use to determine whether the claimant owes past-due child support (for example, participation in the OCSE Insurance Match Program satisfies the requirement)?
M2.7. Does your state law establish a penalty for an insurer that fails to comply with the requirement for determining whether a claimant owes past-due child support? If so, provide the statutory citation.
Yes. An insurer that fails, without reasonable cause, to comply with the data exchange requirements of this section shall be liable for a penalty to the Department in an amount up to Ten Thousand Dollars ($10,000.00) and be subject to an equitable action to compile compliance with the data exchange requirements. 2. In addition to the penalties in the previous paragraph, an insurer that fails to exchange information or that fails or refuses to surrender property subject to a child support lien to the Department shall be liable for the amount of the child support which should have been withheld and paid to the Department. I. The information obtained by the Department or an insurer pursuant to the provisions of this section shall be used only to aid in collection of child support. Disclosure of the information for any other purpose shall constitute a misdemeanor. Any person convicted of violating this provision shall be subject to a fine not to exceed One Thousand Dollars ($1,000.00) or imprisonment in the county jail for a term not to exceed one (1) year, or both such fine and imprisonment.
For Additional Information - exit disclaimer
M2.8. Does your state law protect an insurer from liability for acting in accordance with the insurance match law?
M3. If there is no law, are insurers required to respond to subpoenas or requests for information and liens/levies or IWOs?
N/A
M3.1. Provide the statutory citation.
N/A
For Additional Information - No Link Provided
M4. What forms does your state use to intercept insurance payments, settlements, or awards (such as IWO, Notice of Lien/Levy)?
M5. Who is required notify the NCP of the insurance intercept activity: the child support enforcement agency, the insurance agency, or both?
M5.1. Provide your statutory citation for notifying an NCP of insurance intercept.
43 O.S. 135. Lien for Child Support Arrearages - Notice and Hearing
For Additional Information - exit disclaimer
M5.2. Once notified, is there an appeal period for the obligor and what is its length? Give the statutory citation.
No.
For Additional Information - No Link Provided
M6. Are there attorney fees associated with the insurance intercept activity?
M7. How does another state initiate and intercept collections from your state 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.
M7.1. What is the process, the points of contact, and what forms?

N. Case Closure

N1. Does your state send a CSENet case closure transaction to let the responding state know its intergovernmental services are no longer needed? (MSC P GSC15)
Yes
N2. Does your state 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) (a)Initiating state failure to take an action essential for the next steps? (b)The initiating state requested the responding state to close the case?
Yes
N3. Does your state 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)
Yes
N4. Does your state 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)
Yes