The following is a list of definitions used by Oklahoma Child Support Services. This list has been revised as of February 2011. Please e-mail your suggestions for improving this list.
Absent parent
Any individual who is absent from the home and is legally responsible for providing financial support for a dependent child.
(See also: Noncustodial parent)
Accrual
Sum of child support payments that are due or overdue.
Accrue
To build up or increase child support payments over time.
Acknowledged father
A man who has established a father-child relationship by signing an acknowledgment of paternity.
(See also: adjudicated father; alleged father; legal father; presumed father)
Acknowledgment of Paternity (AOP) (Form 03PA209E)
An official numbered Oklahoma Department of Human Services (OKDHS) form, signed by both the mother and father of a child born out of wedlock in the state of Oklahoma. Oklahoma uses it to legally establish paternity, and completion of this form has the same legal effect as a court order.
(See also: Voluntary Acknowledgment of Paternity Process)
Action transmittal
Document sent out as needed from federal government, which instructs state child support programs on the actions they must take to comply with new and amended federal laws; has basis in federal law and regulation.
Address of record (AOR)
An address for a party or a custodial person in the Central Case Registry of Oklahoma Child Support Services that is used for service of process in support, custody and visitation actions. An address of record is a public record and may be different from the party's or custodial person's physical address.
Adjudicated father
A man who has been adjudicated by a court of competent jurisdiction to be the father of a child.
(See also: acknowledged father; alleged father; legal father; presumed father)
Adjudication
The entry of a judgment, decree or order by a judge or other decision-maker such as a master, referee or hearing officer based on the evidence submitted by the parties.
Administration for Children and Families (ACF)
The agency in the US Department of Health and Human Services (DHHS) that houses the Office of Child Support Enforcement (OCSE) (Link opens in new window).
Administrative complaint procedure
A procedure which provides OCSS customers an opportunity to raise concerns about services or treatment they receive, request an administrative review, and take appropriate action when there is evidence an error has occurred, or an action should have been taken on their case. The administrative complaint procedure is intended to offer customers a fast and effective way to review issues that have no other review process and not require a formal administrative hearing or adjudication. Oklahoma provides Form 03EN012E, Child Support Comments, for written inquiries.
(See also: complaint; inquiry)
Administrative Court
In states with administrative process, the decisions made by the statutorily-defined administrative agency have the same force as those made by the district court. Administrative courts abide by the same rules for notices, hearings and judicial or independent administrative review that govern the work of district courts in other states. The main advantage of administrative court process is it keeps routine child support cases out of the crowded district court system so action can be taken more quickly.
Administrative Law
Law created by administrative agencies in the form of rules, regulations, orders and decisions. Chapter 25 of Title 340 in the Oklahoma Administrative Code is the body of law created by Oklahoma Child Support Services (OCSS), a division of the Oklahoma Department of Human Services (OKDHS) .
(See also: case law; legislative law)
Administrative law judge
A judicial officer who conducts hearings for an administrative agency.
Administrative offset
The federal Administrative Offset Program allows for the interception of certain federal payments in order to collect past-due child support. Examples of payments that may be intercepted are federal retirement payments, travel reimbursement payments and payments to private vendors who perform work for a government agency.
Administrative procedure
Method by which support orders are made and enforced by an executive agency rather than by district courts and judges.
Administrative process
A system set up in a state agency by statute for the purpose of setting and enforcing child support obligations.
Adult Child
A child 18 years of age or older. In Oklahoma, OCSS interprets Section 112 of Title 43 of the Oklahoma Statutes (Link opens in new window) as meaning support continues for an 18 year old child who is regularly and continuously attending high school if the custodial person is providing the child with the necessities of life.
Adult Child’s (18 Years or Older) Consent (Form 03PA212E)
An official numbered Oklahoma Department of Human Services form used to add the natural father's name to an adult child's birth certificate. It is required when parents of a child 18 years or older complete an Acknowledgement of Paternity (Form 03PA209E). Completion of this form by the adult child gives consent to add the natural father's name, listed on the Acknowledgment of Paternity, to the adult child's birth certificate.
Affidavit of Forged Endorsement (Form 10AD045E)
An official numbered OKDHS form used by customers (companies, individuals and other states) to allege that checks have been fraudulently endorsed. It also serves to protect the state from any loss or harm occasioned or sustained by the issuance of a replacement check.
Affidavit of Child Support Payments Received (Form 03EN002E)
An official numbered Oklahoma Department of Human Services form used to document history of child support payments received, signed under the penalty of perjury by the person to whom support is owed (obligee), which may be used as evidence in court. Receipt of payment is noted as either directly received by the obligee or through OKDHS/OCSS. The form includes the commencement date of payments, any modifications of the order, payments that were due, and payments that were made. The Affidavit could have an outstanding balance due if any payments are still owed. Also known as Affidavit of Payment or Affidavit of Arrears.
Affidavit of service
A notarized statement completed by a person authorized by the court to verify he/she has personally delivered a summons, subpoena, citation or order to a noncustodial parent or a member of the household older than the age of 15 in the dwelling place of the noncustodial parent.
Aggregate order
A support order that provides one support amount for more than one child.
Aid to Families with Dependent Children (AFDC)
Former entitlement program that made public assistance payments on behalf of children who did not have the financial support of one or both of their parents by reason of death, disability, or continued absence from the home; known in many states as ADC (Aid to Dependent Children). Replaced with Temporary Assistance for Needy Families (TANF) under the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA).
(See also: Personal Responsibility and Work Opportunity Reconciliation Act)
Alleged father
A man who alleges himself to be, or is alleged to be, the genetic father or a possible genetic father of a child, but whose paternity has not been determined. The term does not include a presumed father.
(See also: acknowledged father; adjudicated father; legal father; presumed father)
Alternative health coverage
Health care services other than health insurance, including, but not limited to, Indian Health Services (IHS) or Defense Eligibility Enrollment Reporting System (DEERS), which is available to either parent under which medical services could be provided to the dependent child(ren).
Annual notice
Means the yearly notice provided for in section 237A of Title 56 of the Oklahoma Statutes (Link opens in new window) to notify the obligor and obligee of the amount due, actions that may be taken to enforce the child support obligation, actions required of the obligor and obligee and other related information and instructions.
Answer
A written legal response filed with a court by a defendant in response to a civil complaint filed against him or her.
Applicant
The custodian, noncustodian caretaker relative and any other individual who has applied for child support services.
Arrears, arrearage or past-due child support
The total amount of unpaid support obligations that has accrued under a child support order.
Arrearage computation
A balance sheet used to compute, audit and reconcile the financial balances in the OCSS computer system for a child support case. The arrearage computation identifies what has become due and what has been paid by an obligor as of a point in time and includes any interest accruals. This information is broken down by payee type which includes details of the distributions. This document is used as an internal tool and not distributed to the public.
Assignment (Assignment of support rights)
The legal procedure by which a person receiving public assistance agrees to turn over to the state any right to child support, including arrearages, paid by the noncustodial parent in exchange for receipt of a cash assistance grant and other benefits. States can then use a portion of said child support to defray or recoup the public assistance expenditure. An assignment is any transfer of rights to support to the State of Oklahoma under Sections 608 (Link opens in new window) and 671 of Title 42 of the United States Code (Link opens in new window) or any transfer of rights to medical support and to payment of medical care from any third party under Section 433.146 of Title 42 of the Code of Federal Regulations (Link opens in new window).
Authorized representative
A person designated by a custodial person, noncustodial parent or biological parent under OAC 340:25-1-3.1 to obtain child support case information and documents from Oklahoma Child Support Services on his or her behalf; or both obtain case information and documents, and when permitted by law, to negotiate, compromise or settle the child support case by signing releases, agreements and documents. The information and documents an authorized representative may obtain is limited to that which the person represented may obtain under OAC 340:25-5-67.
Automated Administrative Enforcement of Interstate Cases (AEI)
Provision in the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA) giving states the ability to locate, place a lien on and seize financial assets of delinquent obligors across state lines.
Automated voice response system (AVR)
Telephone system that makes frequently-requested information available to clients over touch-tone telephones.
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Bad debt
Bad debt occurs when the funding for a payment made by Oklahoma Child Support Services to a custodial person or noncustodial parent is subsequently withdrawn when a tax intercept or other collection is revoked; or a check or other payment instrument received by OCSS from a noncustodial parent or other payor on behalf of the noncustodial parent is dishonored after a payment has been made to the custodial person.
(See also: Overpayment)
Bank levy (Financial Institution Data Match (FIDM))
Direct withdrawal of child support arrears from a noncustodial parent's (NCP's) checking account, savings account or other financial institution account.
(See also: Multistate Financial Institution Data Match)
Bankruptcy
The administration of an insolvent debtor’s property by the court for the benefit of the debtor’s creditors. When child support debts are involved, child support debts are not dischargeable.
Bench warrant
An order issued over the signature of a judge of the district court directing the sheriff or other authorized law enforcement official to arrest and bring before the court the individual named in the warrant. A bench warrant is issued when the individual fails to make a court appearance after he/she has been summoned.
Biological parent
The natural, genetic parent of a child.
Blood test
Analysis of a person’s blood to determine legal fatherhood or paternity for establishment of parentage.
Burden of proof
The duty of a party to produce the greater weight of evidence on a point at issue.
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Cancelled by statute
A warrant issued but not cashed by the payee within 90 days is cancelled by Oklahoma Statute. [62 O.S. §41.19]
(See also: Pended payments)
Case
The relationship of a particular group of people bound by legal rights and duties for the support of a child(ren) who is receiving or has received child support services and all of the records and actions associated with the group. This typically includes a custodial person (CP), a dependent(s) and a noncustodial parent (NCP) and/or alleged father. Every child support case has a unique Case ID number, and in addition to names and identifying information about its members, includes information such as CP and NCP wage data, court order details and NCP payment history.
(See also: child support; IV-D; IV-D case; IV-A case; IV-E case; case ID)
Case ID
Unique identification number assigned to a case. In Oklahoma, the IV-D case ID is a family group number (FGN).
Case initiation
First step in the child support enforcement process and includes the application, referral, case identification, acceptance and prioritization of child support cases.
Case law
Law established by the history of judicial decisions in cases as opposed to administrative law or legislative law.
(See also: administrative law; legislative law)
Case management
Process using available case information to pursue locate actions, determine paternity, establish and enforce support obligations and update case information.
Case member
Participant in child support case -- a member can participate in more than one case. In Oklahoma each participant in the case or case member has a unique identification number called a department client number or DCN.
Case style
The manner in which a legal document states the plaintiff and defendant names and the court case number.
Cash concentration and disbursement "Plus" (CCD+)
Standardized format used for electronic funds transmission (EFT) of child support withholdings from an employee’s wages.
(See also: electronic funds transfer)
Cash medical support
An amount calculated in the child support guidelines ordered to be paid toward the cost of health coverage provided by a public entity or a person. Can also be a fixed periodic payment for ongoing medical cost.
Cashier’s check
A draft with respect to which the drawer and drawee are the same bank or branches of the same bank. [12A O.S. §3-104]
Central Case Registry
Oklahoma's repository for Part A of Subchapter IV of Chapter 7 of Title 42 of the United States Code (IV-D) cases and child support orders established or modified in Oklahoma after Oct. 1, 1998. It includes, but is not limited to, information required to be transmitted to the Federal Case Registry under Section 654a of Title 42 of the United States Code (Link opens in new window). OCSS maintains the Central Case Registry under Section 112A of Title 43 of the Oklahoma Statutes (Link opens in new window).
Central locate
The section of OCSS responsible for state central locate and Federal Parent Locate Service (FPLS) referrals.
Central Registry
A centralized unit maintained by every State IV-D agency that is responsible for receiving, distributing and responding to inquiries on interstate IV-D cases.
Centralized Support Registry (CSR)
The repository maintained by OCSS to receive, allocate and distribute support payments, including child support, spousal support when paid in conjunction with child support and related support payments under Section 413 of Title 43 of the Oklahoma Statutes (Link opens in new window). It serves as Oklahoma's State Disbursement Unit under Section 654b of Title 42 of the United States Code (Link opens in new window). The Centralized Support Registry processes payments:
- In all cases in which child support services are being provided under the state child support plan as provided under Section 237 of Title 56 of the Oklahoma Statutes (Link opens in new window) until all monies owed for child support are no longer owed;
- In all other cases in which support is being paid by income withholding; and
- When a court orders payments to be made through the Centralized Support Registry. [43 O.S. § 413] (Link opens in new window)
Certified check
A bank draft where the bank has verified there are sufficient funds in the account at the time the draft was written. The bank then sets those funds aside until the draft is cashed or returned by the payee.
A check accepted by the bank on which it is drawn. [12A O.S. §3-409]
Certified letter
A letter that requires the person receiving the letter to sign a green card indicating receipt. The green card is then returned by the postal service to the sender. This can be used to legally serve certain types of legal documents.
Certified order
An order which reflects that it “ … is a true and correct copy … ” of the original on file in the court files.
Certified public manager (CPM)
The Certified Public Manager program is a nationally-accredited comprehensive management training program designed to improve the quality and efficiency of management in the public sector. Participants in the Oklahoma CPM program, through seminars, examinations and job related projects, enhance their management skills, thereby becoming better resources for their agency and for the state.
Check
A draft payable on demand and drawn on a bank. A negotiable instrument may be a check even though it is described on its face by another term such as “money order.” [12A O.S. §3-104]
(See also: Warrant)
Child support
An obligation addressing monetary support, cash medical support, medical support for the child(ren).
Child support enforcement agency
An agency that exists in every state that locates noncustodial parents or alleged fathers; establishes, enforces and modifies child support orders and collects and distributes child support money. Operated by state or local government according to the child support enforcement guidelines as set forth in Title IV, Part D, of the Social Security Act. Also known as a "IV-D Agency." Oklahoma Child Support Services under the Oklahoma Department of Human Services is the child support enforcement agency for the State of Oklahoma
(See also: IV-D)
Child Support Enforcement Network (CSENet)
State-to-state telecommunications network, which transfers detailed information between states’ automated child support systems.
Citation for contempt
A legal action in which one party alleges the opposing party is not abiding by the terms of a court order and requests sanctions be imposed. This action is used when a noncustodial parent fails to pay support as ordered. The child support enforcement attorney, acting on behalf of the state, requests the court punish the obligor. This may be done by imposing a purge fee along with a jail sentence, if not paid. Also known as Contempt Citation
Claim
A demand for money or property to which one asserts a right (an insurance claim).
Claimant
One who asserts a right or demand, especially formally.
Client
A term sometimes mistakenly used to refer to the recipient of a TANF grant. The IV-D program in Oklahoma does not refer to its customers as clients because there is no attorney/client relationship.
Collections base
The sum of the following three calculations:
2 (x) current assistance distributed collections
+ 2 (x) former assistance distributed collections
+ 1 (x) never assistance distributed collections
= collections base
Common law
A body of law developed from judicial decisions or custom rather than legislative enactments.
Common law marriage
A non-ceremonial marriage, which, in the state of Oklahoma is dependent upon certain factors. The parties must have the intent to enter into a marriage and publicly hold themselves out to the public as husband and wife.
Complainant
Person who seeks to initiate court proceedings against another person. In a domestic relations case, the complainant is the petitioner; in other civil cases, the complainant is the plaintiff; in a criminal case, the complainant is the state.
(See also: Petitioner; Plaintiff)
Complaint (Initial Pleading or Petition)
- The formal written document filed in a court whereby the complainant sets forth the names of the parties, the allegations, and the request for relief sought.
- An inquiry from a custodial person, noncustodial parent or other IV-D customer for case status information or which raises concerns about OCSS services or customer treatment. Oklahoma provides Form 03EN012E, Child Support Comments, for written inquiries.
(See also: administrative complaint procedure; inquiry)
Confidential data
Any piece of data or set of data, transmitted or maintained in any form or medium, including electronic, paper or oral, that is used to identify a person by virtue of its containing one or more individual identifiers, such as name, Social Security number, telephone number, case number or postal zip code. The misuse of protected data violates the law and creates a liability for OKDHS. Misuse of protected data also violates customer confidentiality and privacy and creates opportunities for fraud or other illegal activity.
CONNECT:Direct (C:D) (Formerly known as the Network Data Mover (NDM)
Computer network maintained by the Social Security Administration that moves large volumes of data from state agencies and the National Directory of New Hires (NDNH) and the Federal Case Registry (FCR).
Consent agreement
Voluntary written admission of paternity or responsibility for child support.
Consumer credit agencies (CCA)
Private agencies that a state can use to locate obligors to establish and enforce child support.
Consumer Credit Protection Act (CCPA)
Federal law that limits the amount that may be withheld from earnings to satisfy child support obligations. States are allowed to set their own limits provided they do not exceed the federal limits. Regardless of the number or withholding orders that have been served, the maximum that may be withheld for child support is:
- Without arrearage
- 50 percent with a second family
- 60 percent with no other dependent children
- With Arrearage
- 55 percent with a second family and 12+ weeks in arrears
- 65 percent with no other dependent children 12+ weeks in arrears
Contempt citation
See Citation for Contempt.
Contempt of court
Any act which is calculated to obstruct court in the administration of justice, committed by a person under the court's authority as a party to a proceeding before the court. Willful disobedience of or failure to comply with a court's orders.
(See also: Citation for Contempt)
Continuing exclusive jurisdiction (CEJ)
The doctrine that only one support order should be effective and enforceable between the same parties at any one time and that when a particular court has acquired jurisdiction to determine child support and custody, it retains authority to amend and modify its orders therein. This Court of Continuing Exclusive Jurisdiction continues to have jurisdiction over a support issue until another court takes it away. Discussed in the Uniform Interstate Family Support Act.
(See also: Uniform Interstate Family Support Act)
Controlling Order State
The state in which the only order was issued or, where multiple orders exist, the state in which the order determined by a tribunal to control prospective current support pursuant to the Uniform Interstate Family Support Act (UIFSA) was issued.
Cooperation
A condition of TANF eligibility. The recipient is required to cooperate with the child support agency in identifying and locating the noncustodial parent, establishing paternity and/or getting child support payments.
Corporate trade exchange (CTX)
Standardized format used for electronic funds transmission (EFT) of child support withholdings from employees’ wages. This method is preferable when processing large volumes of transactions and PRWORA requires state automated child support enforcement systems to be capable of using this format as well as the CCD+ format.
Cost effectiveness
In economics, comparison of the relative expenditure (costs) and outcomes (effects) associated with two or more courses of action.
- Total Collections Distributed (current support + arrears)
(divided by) Total Costs (direct + indirect)
Direct costs are those specifically incurred by a district office and include items such as payroll, benefits, rent and supplies. Direct costs are derived from the OKDHS Finance CST050 Report.
Indirect costs are expenses shared by all child support offices such as the cost of OKDHS Data Services Division support and contractors like the University of Oklahoma, Center for Public Management. OCSS allocates these indirect costs to the field offices based on the number of FTEs assigned to each office, the population of the area served and the caseload.
Council on Law Enforcement, Education and Training (CLEET)
Council on Law Enforcement Education and Training. See http://www.cleet.state.ok.us/ (Link opens in new window) for more information on CLEET.
Country
See Foreign reciprocating country.
Court case number
The number assigned by the Administrative (such as OAH) or district court. Normal format is alphabetic codes such as JFD, FD, or FP, two or four digit year and assigned number, e.g., JFD-98-234, FP-2009-751.
Court of continuing exclusive jurisdiction (CCEJ)
The court that continues to have jurisdiction over a support issue until another court takes it away. Defined in the Uniform Interstate Family Support Act (UIFSA).
(See also: Uniform Interstate Family Support Act)
Court minute
A written notation setting forth the judge’s immediate decision.
Court order
A legally binding edict issued by a court of law. Can be issued by a magistrate, judge or properly empowered administrative officer. A court order related to child support can dictate how often, how much, what kind of support a noncustodial parent is to pay, how long he or she is to pay it and whether an employer must withhold support from their wages.
Credit bureau
Consumer reporting agencies, also known as credit bureaus, assemble or evaluate consumer credit information or other information (including failure to pay overdue support) on the consumer for the purpose of furnishing consumer reports to third parties. State or local child support agencies are required to report periodically to credit reporting agencies the name of any noncustodial parent who is delinquent in the payment of support and the amount of overdue support owed by such parent. The reporting procedures must meet all due process required by state law. Upon meeting the conditions for requesting consumer reports from consumer reporting agencies, state and local child support agencies may use these reports for the purpose of establishing an individual's capacity to make child support payments or to set an initial or modified child support award.
Custodial person or custodian (CP) (Custodial party)
The person who has primary physical custody of the child(ren) and is therefore entitled to child support on the child(ren)’s behalf. A CP could be the state in juvenile or child welfare cases.
(See also: obligee)
Custody order
Legally binding determination that establishes the custodial parent or parents. The meanings of different types of custody terms (e.g., joint custody, shared custody, split custody) vary from state to state.
(See also: physical custody)
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Debit card
An ATM bankcard issued by a bank to an individual to allow the individual access to his or her funds without having to physically go to the bank. A debit card may be used to purchase goods and services, and directly withdraw from and deposit money into the cardholder’s personal bank account. A debit card requires a Personal Identification Number (PIN) for use. Debit cards issued with a Visa or MasterCard logo are accepted by any merchant that also accepts Visa or MasterCard credit cards. In Oklahoma, an Oklahoma Department of Human Services (OKDHS) customer is issued a debit card to receive payments from OKDHS. OKDHS payments include, but are not limited to, child support payments. Also known as a check card.
In March, 2007, the State of Oklahoma implemented the new Oklahoma Debit Card program. OKDHS TANF clients and Custodial parents can now access their payments online using a Mastercard debit card. Payments are automatically loaded onto the card and the customer can go to Mastercard ATM and retailer locations to make purchases or receive cash.
Decree
The judicial decision of a litigated action, usually in "equitable" cases such as divorce (as opposed to cases in law in which judgments are entered).
Deemed eligible case
A medical only case where the child is deemed eligible for Medicaid services at birth. In Oklahoma, these Medicaid services are known as SoonerCare. Federal regulations exempt a child from mandatory child support referral until the child is one year old.
Default
The failure of a defendant to file an answer or appear in a civil case within the prescribed time after having been properly served with a summons and complaint. Also, may refer to an order entered because the defendant failed to respond.
Defendant
The person against whom a civil or criminal proceeding is brought. In Oklahoma domestic relations actions, the person filing a responsive pleading is called the respondent.
(See also: Respondent)
Defense Eligibility Enrollment Reporting (DEERS)
Medical coverage provided for family members of military personnel and certain Department of Defense employees. This medical coverage is a benefit provided to military members and their families via the Department of Defense’s managed health care program TRICARE. This is not a separate private insurance carrier but qualifies as an alternative health coverage for the child support program.
Defined benefit plan
A type of employee retirement plan established and maintained by an employer that uses a specific predetermined formula to calculate the amount of an employee's retirement benefit. Immediate collection of a delinquent child support amount is less likely in the defined benefit plan than in the defined contribution plan.
Defined contribution plan
An employee retirement plan in which each employee has a separate account funded by the employee's contributions and the employer's contribution, plus any investment earnings. Examples of this type of plan are 401(k) and 403(b) plans. Immediate collection of a delinquent child support amount is more likely in the defined contribution plan than in the defined benefit plan.
Delinquency
Any payment under an order for support which becomes due and remains unpaid. For interest purposes, any unpaid portion of an amount due is considered delinquent the day after the due date specified in the court order. If the court order does not specify a specific due date of the month, the payment must be made by the last day of the month, and it is delinquent on the first day of the following month if it is not paid.
Delinquent child
A juvenile who is guilty of criminal behavior, which is usually punished by special laws not pertaining to adults. A delinquent child means a juvenile who:
- Has violated any federal or state law or municipal ordinance except a traffic statute or traffic ordinance or any provision of the Oklahoma Wildlife Conservation Code, the Oklahoma Vessel and Motor Regulation Act or the Oklahoma Boating Safety Regulation Act or has violated any lawful order of the court made pursuant to the provisions of the Oklahoma Juvenile Code; or
- Has habitually violated traffic laws, traffic ordinances or boating safety laws or rules.
When a child under the age of 18 in Oklahoma is alleged or adjudicated by a court to be delinquent or in need of supervision, such a child may be placed in the custody of the Office of Juvenile Affairs (OJA).
Denial of Paternity (Form 03PA210E)
An official numbered Oklahoma Department of Human Services form used in conjunction with an Acknowledgment of Paternity (Form 03PA209E) when the mother is married to a man not the biological father of the child at the time of birth or within 300 days before the birth. An Acknowledgment of Paternity, signed by the mother and the biological father, must be completed, signed and accompany the Denial of Paternity when filed with the Oklahoma State Department of Health, Division of Vital Records (Link opens in new window).
Department client number (DCN)
A unique identification number assigned to an Oklahoma Department of Human Services (OKDHS) customer. The DCN follows the customer throughout OKDHS.
Department of Public Safety (DPS)
State agency within Oklahoma responsible for policing all state roads and highways as well as several thousand miles of lake and river shore lines throughout the state. The department is also responsible for providing security related functions for the governor, his immediate family and the lieutenant governor, as well as security at the governor's mansion. The DPS (Link opens in new window) is responsible for the licensing of all motor vehicle operators, including the testing of those who apply for the first time and the renewal of those who currently hold valid driver licenses due to expire. Maintaining the active driving record of the approximately 2.3 million driver license holders is another responsibility of the department.
Dependent
A child who relies on or requires the aid of a parent or another person for support. Most children who are eligible to receive child support must be a dependent. A child ceases to be a dependent when they reach the age of emancipation as determined by state law, but depending on the state’s provisions, may remain eligible for child support for a period after they are emancipated.
Deprived child
A child who is destitute, neglected, abused, homeless, abandoned for any reason or otherwise in need of some level of protection from their caretakers or environment and has been adjudicated as such by a court. Such a child may be placed in OKDHS custody.
Determination of parentage
The establishment of the parent-child relationship by the signing of an acknowledgment of paternity or through adjudication by the court.
Diligent effort
Repeated attempts to serve a person in a legal action, at least three times, at different times of the day or on different days of the week, before declaring inability to serve.
Direct deposit
A program which allows child support payments to be directly deposited into custodian bank accounts. Any custodian can request to be enrolled in this program.
Direct income withholding
A procedure that allows an income withholding notice/order to be sent directly to the noncustodial parent's (NCP’s) employer, or payor of income, in another state, without the need to use the IV-D agency. This triggers a deduction from the NCP's paycheck for payment of child support. The sender will ordinarily be a child support enforcement agency or the obligee, however the obligor or any other person may supply an employer or other payor of income, with an income withholding notice/order. Also known as Income Withholding Order
Disabled adult child support order
A child support order extended past the age of majority for an adult child, whether institutionalized or not, with a mental or physical disability existing or known to exist on or before the child's eighteenth birthday, who requires substantial care and personal supervision and who is incapable of self-support.
Disbursement
The paying out of collected child support funds.
Disclosure prohibited notice
A notice the Federal Case Registry (FCR) (Link opens in new window) is required to send to a party that has requested locate information stating the information cannot be disclosed because the person being sought has a family violence indicator (FVI) on either a IV-D case or a non-IV-D order in the FCR.
(See also: family violence indicator)
Disposable income
The portion of an employee's earnings that remains after deductions required by law (e.g., taxes) and that is used to determine the amount of an employee's pay subject to a garnishment, attachment or child support withholding order.
Disposition
The court’s decision of what should be done about a dispute before the court. For instance, the disposition of the court may be that child support is ordered or an obligation is modified.
Disregard
See pass-through
Distributed payments
Funds received which have been logged to the case and issued to the customer (custodial person or noncustodial parent) or retained by the state.
Distribution
The allocation of child support collected to the various types of debt within a child support case, as specified in 45 CFR 302.51 (Link opens in new window), such as, monthly support obligations, arrears, ordered arrears, etc. This is also the process by which all child support monies received are credited to the proper accounts.
District attorney (DA)
Elected officials within the districts of a state who generally represent the state in criminal matters. In the context of OCSS, the term refers to one of the district attorneys with whom OKDHS has signed a contract for their offices to enforce and collect child support or any district attorney when OCSS needs to refer a case for criminal enforcement.
District office (Local office)
A child support services office operated by the Oklahoma Department of Human Services or through contract or agreement with OKDHS to serve a specific area of the state. Also known as Local office.
Docket
A formal brief record of proceedings in court -- minute entries in case files, the court calendar. Some courts refer to filing a paper with the courts as docketing.
DPS request
A request sent to the Oklahoma Department of Public Safety for a search of their files to gain more information on a noncustodial parent, such as address or Social Security number. DPS requests require first and last name, and date of birth or Social Security number.
Duces Tecum Subpoena
A document sent to a person that requires the person to appear and bring certain documents into court.
Due process
The conduct of legal proceedings according to those rules and principles which have been established in our system of law for the enforcement and protection of private rights, such as, giving someone their day in court. Due process is a safeguard against unreasonable, arbitrary and capricious decisions.
Duress
Use of physical or psychological force to coerce a person to sign an acknowledgment of paternity.
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Electronic data interchange (EDI)
Process by which information regarding an electronic funds transfer (EFT) transaction is transmitted electronically along with the funds transfer.
Formats for electronically transferring funds and their identifying information have been developed by the Bankers Electronic Data Interchange (EDI) Council of the National Automated Clearing House Association (NACHA). These formats specify how employers and payroll companies electronically send the information and the capabilities that states must have to receive the information
Electronic funds transfer (EFT)
Process by which money is transmitted electronically from one bank account to another.
(See also: Cash Concentration and Disbursement "Plus" (CCD+); Corporate Trade Exchange (CTX))
Emancipation
A status of independence of children from parents due to age or circumstance.
Employee Retirement Income Security Act (ERISA)
ERISA is a federal statute designed to protect pension plans from execution or garnishment. (The act is found in Chapter 18 of Title 29 of the United States Code) (Link opens in new window).
Enforcement
The application of remedies to get payment of a child or medical support obligation. Examples of remedies include garnishment of wages, seizure of assets, liens placed on assets, revocation of license (such as, drivers, business, medical) or denial of U.S. passports. Enforcement may be accomplished through administrative actions, such as income assignment, as well as court actions.
Enumeration and Verification System (EVS)
System used to verify and correct Social Security numbers (SSNs) and identify multiple SSNs of participants in child support cases. Operated by the Social Security Administration (SSA) (Link opens in new window).
Erroneous payment
Erroneous payment occurs when OCSS has incorrectly paid money to a custodial person, noncustodial parent or other entity, or failed to retain money assigned to the state because of an administrative error.
(See also: overpayment)
Establishment
The process of proving paternity and/or getting a court or administrative order to put a support obligation in place.
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Family
A mother and a father and the child(ren) of that relationship and any custodial person(s) of the child(ren) who is not the mother or the father.
Family group number (FGN)
Unique identification number assigned to a child support case. The family group number is a combination of the Absent Parent/Noncustodial Parent (AP/NCP) number plus the Biological Parent (BP) number. One Family Group Number may have multiple custodial persons. And one AP/NCP number may have multiple FGNs.
Family Support Act
Federal Law passed in 1988, with two major mandates: Immediate Wage Withholding and Guidelines for Child Support Award Amounts, which requires states to use guidelines to determine the amount of support for each family.
Family violence
Domestic abuse or child abuse, including physical or emotional harm.
Family violence indicator (FVI)
A designation used to prevent disclosure of the location of a participant in a case, such as, custodial person, child, noncustodial parent or alleged father, believed by the state to be at risk of family violence. It resides in the Federal Case Registry and is placed on a participant in a case or order by a state that indicates a person is associated with child abuse or domestic violence.
(See also: disclosure prohibited notice)
FD number
The identifying number assigned by a court clerk to a legal document or petition for divorce, which is filed in Oklahoma.
(See also: court case number)
Federal Case Registry (FCR)
A national database of information on individuals in all IV-D cases and all non-IV-D orders entered or modified on or after Oct. 1, 1998. The FCR receives this case information on a daily basis from the State Case Registry (SCR) located in every state, proactively matches it with previous submissions to the FCR and with employment information contained in the National Directory of New Hires (NDNH) (Link opens in new window). Any successful matches are returned to the appropriate state(s) for processing. The FCR and the NDNH are both part of the expanded FPLS, which is maintained by the federal Office of Child Support Enforcement (OCSE).
Federal Employer Identification Number (FEIN)
Unique 9-digit number assigned to all employers by the Internal Revenue Service (IRS), which must be used in numerous transactions, including submitting data and responding to requests relevant to child support.
Federal Information Processing Standard (FIPS)
A unique 5-digit code that identifies the child support jurisdiction, e.g., states, counties, central state registries.
Federal Parent Locator Service (FPLS)
A computerized national location network operated by the federal Office of Child Support Enforcement of the Administration for Children and Families, within the United States Department of Health and Human Services. FPLS obtains address and employer information, as well as data on child support cases in every state, compares them and returns matches to the appropriate states. This helps state and local child support enforcement agencies locate noncustodial parents and alleged fathers for the purposes of establishing custody and visitation rights, establishing and enforcing child support obligations, investigating parental kidnapping and processing adoption or foster care cases. The expanded FPLS includes the Federal Case Registry and the National Directory of New Hires.
Federal Tax Refund Offset Program
A program that collects past due child support amounts from noncustodial parents through the interception of their federal income tax refund, or an administrative payment, such as federal retirement benefits. This program also incorporates the Passport Denial Program, which denies U.S. passports at the time of application when the applicant’s child support debts exceed $5,000. In the future, the program will expand to include the revocation and/or restriction of already issued passports. The cooperation of states in the submittal of cases for tax interception is mandatory, while submittal of cases for administrative interception is optional. The Federal Tax Refund Offset Program is operated in cooperation with the Internal Revenue Service, the U.S. Department of Treasury’s Financial Management Service (FMS), the U.S. Department of State and state child support agencies.
Financial Institution Data Match (FIDM)
The Financial Institution Data Match (FIDM) is used to identify any accounts belonging to noncustodial parents who are delinquent in their child support obligations. Once identified, these accounts may be subject to levies issued by child support enforcement agencies.
Finding address
The case participant’s physical address which is a confidential address that cannot be released without a court order when there is a family violence indicator on the case.
Fixed medical support
Fixed periodic payments for ongoing medical costs not paid or reimbursed by insurance, or included in a cash medical support order.
Foreign reciprocating country
A country the United States has an international agreement to provide the establishment and enforcement of child support. Also known as country.
Foreign support order
An order originally filed in one state, country or tribunal and registered in another for enforcement purposes.
Forum state
The state in which the hearing is held or the responding court proceeding is filed to establish or enforce a support order.
Foster Care
See IV-E Foster Care
Fraud
- A false representation of a matter of fact, either by words or by conduct, such as false statements made to state officials with the intent of wrongfully receiving public assistance.
- An intentional misrepresentation of a material fact that could not have been discovered with reasonable diligence and was reasonably relied on by a person who signed an acknowledgment of paternity.
Full Faith and Credit for Child Support Orders Act (FFCCSOA)
Law effective Oct. 20, 1994, which requires states to enforce child support orders made by other states if:
- The issuing state's tribunal had subject matter jurisdiction to hear and resolve the matter and enter an order;
- The issuing state's tribunal had personal jurisdiction over the parties; and
- Reasonable notice and the opportunity to be heard was given to the parties.
FFCCSOA also limits a state's ability to modify another state's child support orders in some instances. Unlike the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA), FFCCSOA does not amend Title IV-, Part D, of the Social Security Act and thus does not directly change IV-D program requirements, but affects interstate case processing. FFCCSOA is codified in Section 1738B of Title 28 of the United States Code (Link opens in new window).
Full-service case
A child support case for which Oklahoma Child Support Services provides all appropriate IV-D services as described in OAC 340:25-1-1.2.
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Garnishment
A legal proceeding under which a fixed amount of a person's wages and/or assets are withheld for payment of a debt.
(See also: income withholding; wage withholding; direct income withholding; immediate wage withholding)
Genetic testing
An analysis of genetic markers to exclude or identify a man as the father or a woman as the mother of a child. The term includes an analysis of one or a combination of the following: deoxyribonucleic acid (DNA); blood-group antigens, red-cell antigens, human-leukocyte antigens, serum enzymes, serum proteins or red-cell enzymes. Tests are conducted on one or more samples, or a combination of samples, of genetic materials such as DNA, blood, bone, hair, buccal cells (inside of the cheek) or other body tissue or fluid.
Good cause
A legal reason for which a Temporary Assistance for Needy Families (TANF) recipient is excused from cooperating with the child support enforcement process, such as past physical harm by the child’s father. It also includes situations where rape or incest resulted in the conception of the child and situations where the mother is considering placing the child for adoption.
(See also: Temporary Assistance for Needy Families; IV-A case)
Good service
The successful service of legal process upon a noncustodial parent, custodian or witness.
Grant amount
1) The amount of public assistance paid to a family.
2) The amount states are awarded by OCSE for grant applications.
Green card (Return receipt)
The green-colored card signed by an individual to indicate they have received a certified letter.
Guardian
A person having legal control of and obligations of care to a child.
Guidelines
A standard method for setting child support obligations based on the income of the parent(s) and other factors determined by state law. The Family Support Act of 1988 requires states to use guidelines to determine the amount of support for each family, unless they are rebutted by a written finding that applying the guidelines would be inappropriate to the case.
(See also: income; disposable income; imputed income)
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Health insurance
A health care plan provided through fee for service, health maintenance organization, or preferred provider organization.
High-Volume Administrative Enforcement Cases in Interstate Actions (Automated Administrative Enforcement of Interstate Case)
Child support cases in which one state at the request of another state:
- Identifies assets owned by persons who owe child support in other states through the use of automated data matches with financial institutions and other entities where assets may be found; and
- Seizes such assets.
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Immediate wage withholding
An automatic deduction from income for child support payments a court orders effective immediately as a provision in the child support order.
(See also: income assignment)
Imputed income
An amount assigned as income to a party to compensate for voluntary unemployment or under employment. May also include fringe benefits provided to employees that may be taxable but which cannot be counted as additional disposable income that is subject to child support obligations.
(See also: disposable income; guidelines)
Income
As defined by the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA), income is any payment to an individual, regardless of source, including wages, salaries, winnings or proceeds, commissions, bonuses, workers' compensation, disability, pension or retirement program payments and interest. All income is subject to income withholding for child support, pursuant to a child support order, but is protected by Consumer Credit Protection Act limits, both State and federal.
(See also: Consumer Credit Protection Act; disposable income; guidelines)
Income assignment
An assignment, by operation of law or by court or administrative order, of a portion of the monies, income or periodic earnings due and owing by the obligor to the person entitled to the support or to another person designated by the support order or assignment. An income assignment may be for payment of current support, arrearages or both. It may be voluntary or involuntary and is accomplished by wage withholding or income withholding. Income withholding is a procedure by which automatic deductions are made from wages, income or periodic earnings. Also known as Income withholding.
(See also: direct income withholding; immediate wage withholding)
Income withholding
See income assignment
Income withholding order
See direct income withholding
Incoming interstate case
A child support case in Oklahoma initiated when another state referred a child support case in their state to Oklahoma.
(See also: interstate cases)
Indian Child Welfare Act of 1978 (ICWA)
Federal legislation that seeks to keep Native American children with Native American families. ICWA redefined the jurisdiction of Native American tribes in custody proceedings involving Native American children in matters of adoption, voluntary and involuntary termination of parental rights, and foster care placement and removal. ICWA gives tribal governments sole jurisdiction over states when the child is domiciled on the reservation and concurrent, but presumptive, jurisdiction over non-reservation Native Americans’ custody proceedings. Public Law 95-608 is codified in Chapter 21 of Title 25 of the United States Code, Sections 1901 et sequentia.
Indian Health Service (IHS)
A division with the Department of Health and Human Services responsible for providing medical and public health services to federally recognized Tribes. IHS coverage is considered adequate health coverage and additional medical coverage is not required.
Information memorandum (IM)
Document from OCSE that provides state child support enforcement agencies with information on program practices that can be useful to program improvement.
Initial notice to employers (Form 03EN006E)
An official numbered Oklahoma Department of Human Services form used by employers for any new employee or existing employee with an Oklahoma child support order. Oklahoma law requires the Oklahoma Centralized Support Registry to centrally process child support payments. Under Section 413 of Title 43 of Oklahoma Statutes (Link opens in new window), employers are required to provide the Centralized Support Registry with the information necessary to build child support accounts in order to distribute child support income assignment payments to custodial persons. Steps for the employer to follow to prepare new accounts for child support payments are included with the form. The form also serves as the official notice for the employer to comply with state law. Also known as CSR data sheet.
Initiating state, agency or jurisdiction
The state or Tribal IV-D program agency in a country or district court, which sends a request for action to another jurisdiction in intergovernmental child support cases.
(See also: long arm jurisdiction; two-state action; uniform interstate family support act; incoming interstate case ; intergovernmental case )
Injured spouse
A person who filed an income tax return jointly with their spouse and subsequently the person’s income tax refund was intercepted because of a legally enforceable liability owed by the spouse. Also known as innocent spouse or non-obligated spouse.
Injured spouse claim
A financial claim upon intercepted state and federal income tax refunds by the spouse of a noncustodial parent. Also, the process the injured spouse uses to request their portion of an income tax intercept.
Inquiry (Administrative complaint, complaint or out-of-town inquiry)
Request for child support case status information or question which raises concerns about OCSS services or customer treatment. by a custodial person, noncustodial parent, other IV-D customer, or a third party on behalf of a customer. Inquiries may be in writing or by telephone confirmed in writing. Can also include administrative complaint, complaint, or other type of inquiry.
(See also: administrative complaint procedure; complaint)
Instructions to staff (ITS)
Instructions to staff describe the procedures or practice requirements of rules in the Oklahoma Administrative Code (OAC) or OKDHS policy that relates to the internal management of the agency. Instructions to staff do not affect the private rights or procedures available to the public and are expressed as endnotes to OAC administrative rules and OKDHS policy.
Insurance intercept
Lump sum or weekly payouts through a lien or income assignment on workers compensation, wrongful death or personal injury insurance claims.
Intake
At the time applications for child support services are received in a child support office, a worker will screen information available, determine status of the case, physically build a file and update all information on the computer.
Intercept
A method of securing child support by taking a portion of non-wage payments made to a noncustodial parent. Non-wage payments subject to interception include federal and state income tax refunds; unemployment and workers' compensation benefits; federal retirement benefits; travel reimbursement; legal settlements; vendor payments; disability benefits and lottery prize winnings.
(See also: administrative debt offset; federal tax refund offset program)
Intergovernmental case
A case in which the dependent child and noncustodial parent live in different states, tribes, territories, or countries, or where two or more agencies or tribunals are jointly involved in same case activity, such as enforcement.
(See also: Interstate IV-D case)
Interstate IV-D case
A case in which the custodial person and noncustodial parent live or works in different states referred from a IV-D agency in one state to a IV-D agency in another state.
Intrastate case
A case existing or occurring within the boundaries of a single state.
IV-A (family support)
Title IV, Part A, of the Social Security Act, codified in Part A of Subchapter IV of Chapter 7 of Title 42 of the United States Code (Link opens in new window), covering the federal-state public assistance program, which includes Temporary Assistance for Needy Families (TANF).
IV-A case
A child support case in which a custodial parent and child(ren) is receiving public assistance benefits under the state's IV-A program. Applicants for assistance from IV-A programs are automatically referred to their state IV-D agency in order to identify and locate the noncustodial parent, establish paternity and/or a child support order, and/or obtain child support payments. This allows the state to recoup or defray some of its public assistance expenditures with funds from the noncustodial parent.
(See also: Temporary Assistance for Needy Families; public assistance)
IV-A/IV-D interface
The communication and exchange of information and electronic data between the IV-A and IV-D programs. This information includes: case referrals, demographic data changes, AFDC/TANF grant status, grant amounts (dollars) and the handling of eligibility re-determinations as a result of IV-D collections.
IV-B (child welfare)
Title IV, Part B, of the Social Security Act, codified in Part B of Subchapter IV of Chapter 7 of Title 42 of the United States Code (Link opens in new window), covering child welfare services.
IV-D (child support)
Title IV, Part D, of the Social Security Act, codified in Part D of Subchapter IV of Chapter 7 of Title 42 of the United States Code (Link opens in new window), which requires that each state create a program to locate noncustodial parents, establish paternity, establish and enforce child support obligations and collect and distribute support payments. All recipients of public assistance, usually Temporary Assistance for Needy Families, are referred to their state's IV-D child support program. States must also accept applications from families who do not receive public assistance, if requested, to assist in collection of child support. Title IV-D also established the federal Office of Child Support Enforcement.
IV-D case
A child support case where at least one of the parties, either the custodial person or the noncustodial parent, has requested or been referred for IV-D services from the state's IV-D agency or from a tribal nation approved by the federal government to operate a comprehensive child support program. A IV-D case is composed of a custodial person, a noncustodial parent or alleged father and dependent(s). In Oklahoma, the IV-D case number is called an FGN (Family Group Number).
IV-D programs and services
Programs and services under Title IV, Part D, of the Social Security Act, codified in Part D of Subchapter IV of Chapter 7 of Title 42 of the United States Code (Link opens in new window). Oklahoma Child Support Services locates parents; establishes paternity; establishes and enforces child and medical support orders; enforces fixed sums and judgments for medical support; enforces judgments for child care costs; enforces spousal support when current child support is due; reviews and modifies child support orders as appropriate; works with other states and countries to get child support; and collects and distributes child support payments.
IV-E (foster care)
Federal and state funded placement of a child(ren) removed from a home whose family members meet the eligibility criteria for federal participation for IV-E foster care. Title IV, Part E, of the Social Security Act, codified in Part E of Subchapter IV of Chapter 7 of Title 42 of the United States Code (Link opens in new window), established a federal-state program known as foster care that provides financial support to a person, family or institution that is raising a child(ren) that is not their own.
(See also: Non-IV-E Foster Care)
IV-E case
A child support case in which the state is providing benefits or services under Title IV-E of the Social Security Act to a person, family or institution that is raising a child or children who are not their own. As with other public assistance cases, recipients are referred to their state IV-D agency in order to identify and locate the noncustodial parent, establish paternity and/or a child support order and/or obtain child support payments. This allows the state to recoup or defray some of its public assistance expenditures with funds from the noncustodial parent.
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Judgment
The official decision or finding of a judge or administrative agency upon the respective rights and claims of the parties to an action; also known as a decree or order and may include the "findings of fact and conclusions of law." Examples are: a lump sum of money awarded by a court order for back child support owed or a title of a legal order, such as a divorce. Under judgment by operation of law, the amount due under a child support order is a judgment as soon as it becomes past due.
Judgment by operation of law
The amount due under a child support order is a judgment as soon as it becomes due.
Jurisdiction
The legal authority which a court or administrative agency has over particular persons and over certain types of cases, usually in a defined geographical area.
(See also: initiating jurisdiction; long arm jurisdiction)
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Legal father
A man who is recognized by law as the male parent of a child. The legal father may be different from the biological father.
Licensed process server
A person who is licensed to hand deliver legal court documents to another person who is a party in a court case.
License revocation
A procedure where OCSS requests the administrative or district court to revoke, suspend, not renew and not issue an Oklahoma driver, occupational, professional or recreational license for a noncustodial parent who is in noncompliance with an order for support.
Lien
A claim upon property to prevent sale or transfer of that property until a debt is satisfied. This is done by filing a judgment with a county clerk. The lien acts as an encumbrance on any real property in the county belonging to the obligor. When the property is sold the profits go to pay off the judgment.
Litigation
A civil action in which a controversy is brought before the court.
Local office
See district office
Locate
Process by which a noncustodial parent (NCP) or alleged father is found for the purpose of establishing paternity, establishing and/or enforcing a child support obligation, establishing custody and visitation rights, processing adoption or foster care cases and investigating parental kidnapping. This is also the process child support workers use to find an NCP whose whereabouts are unknown. Many of these locate functions are automatic through the Oklahoma Support Information System (OSIS).
Locate information
Data used to locate an alleged father or noncustodial parent. May include their Social Security number, date of birth, residential address, employer and assets.
Long arm jurisdiction
Legal provision that permits one state to claim personal jurisdiction over someone who lives in another state. There must be direct contact between the person and the state or district that is asserting jurisdiction in order for a court or agency to reach beyond its normal jurisdictional border.
(See also: two-state action; Uniform Interstate Family Support Act)
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Material mistake of fact
A mistake as to the facts that could not have been known at the time a signatory executed an acknowledgment of paternity.
Means-tested public assistance
Eligibility for a government benefit program, or the amount of the benefit or both are determined on the basis of income or resources of the person or family seeking the benefit. Examples of means-tested public assistance programs are Medicaid, Temporary Assistance for Needy Families (TANF), Supplemental Nutrition Assistance Program (SNAP), General Assistance (GA), Supplemental Security Income (SSI), State Supplemental Payments for Aged, Blind and the Disabled.
Medicaid (Title XIX)
Medical assistance provided under a state plan approved under Title XIX of the Social Security Act, codified in Subchapter XIX of Chapter 7 of Title 42 of the United States Code (Link opens in new window). Children in Oklahoma receive Medicaid under the SoonerCare program.
Medical Assistance Only (MAO)
A form of public assistance administered by a state’s IV-A program, which provides benefits to recipients only in the form of medical, rather than financial, assistance.
Medical Case
A case where the child(ren) is receiving Medicaid (SoonerCare) benefits and the case may be automatically referred to the state child support agency so the state can enforce child and medical support. In Oklahoma, the case is not always automatically referred. If the Medicaid case is a child only case, the parent is not required to participate. A referral is not automatic and only sent by the OKDHS Family Support Division or Oklahoma Health Care Authority (OHCA) if the parent request child support services.
Medical Enforcement Only (MEO)
An "MEO Case" is a non-TANF (Temporary Assistance for Needy Families) Medicaid child support case where the custodian requests enforcement of only medical support. A paternity or support order may be established but only medical support is enforced, at the custodian's request.
Medical support
Health insurance, alternative health coverage, cash medical support or a combination of these for the benefit of a minor child(ren).
Member of military service or servicemember
Any member of the uniformed service on active duty, including the Army, Navy, Air Force, Marine Corps and Coast Guard. Also included are members of the National Guard called to active service, certain members of the Public Health Service and the National Oceanic and Atmospheric Administration, members of the Reserves when ordered to report for active military duty and United States citizens serving with the military of other countries if their service is similar to military service. A servicemember may be a noncustodial parent or a custodial person.
Modification
Change in a court order usually increasing or decreasing the support amount due to a change in circumstance such as custody or income.
Monthly due
The support amount that is due each month. If an obligor is ordered to pay with a frequency other than monthly, such as, weekly, most child support agencies calculate the monthly due by using a pre-determined formula.
Monthly support obligation
The amount of money an obligor is required to pay per month.
Motion
An application to the court requesting an order or ruling in favor of the party that is filing the motion. Motions are generally made in reference to a pending action and may address a matter in the court’s discretion or concern a point of law.
Multistate employer
An organization that hires and employs people in two or more States. The multistate employer conducts business within each state, and the employees are required to pay taxes in the state where they work. As with single-state employers, multistate employers are required by law to report all new hires to the State Directory of New Hires (SDNH) operated by their state government. However, unlike single-state employers, they have the option to report all of their new hires to the SDNH of only one state in which they do business rather than to all of them.
Multistate Financial Institution Data Match (MSFIDM)
Process created by the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA) by which delinquent child support obligors are matched with accounts held in financial institutions (FI) doing business in more than one state. States submit data to the Office of Child Support Enforcement (OCSE) on a noncustodial parent (NCP) and their arrearage and indicate whether the NCP should be submitted for MSFIDM. OCSE ensures the accuracy of the data and transmits the file to participating multistate financial institutions, who match the information against their open accounts and returns matches to the appropriate states, who can then undertake action to place a lien on and seize all or part of the account.
(See also: FIDM; Personal Responsibility and Work Opportunity Reconciliation Act of 1996)
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National Automated Clearing House Association (NACHA)
The association that establishes the standards, rules and procedures that enable financial institutions to exchange payments on a national basis.
National Child Support Enforcement Association (NCSEA)
NCSEA is the nonprofit, professional organization representing the child support community. NCSEA's membership includes line/managerial/executive child support staff, state and local agencies, judges, court masters, hearing officers, government and private attorneys, social workers, advocates, corporations that partner with government to provide child support services and private collection and firms. For more information about NCSEA go to http://www.ncsea.org/ (Link opens in new window).
National Directory of New Hires (NDNH)
A national database (Link opens in new window) containing new hire and quarterly wage data from every state and federal agency and unemployment insurance data from state employment security agencies. Data contained is first reported to each state’s directory of new hires and then transmitted to the NDNH. The federal Office of Child Support Enforcement (Link opens in new window) maintains the NDNH as part of the expanded Federal Parent Locator Service (Link opens in new window).
(See also: new hire data; quarterly wage data; unemployment insurance claim data)
National Personnel Records Center (NPRC)
Part of the National Archives and Records Administration’s system of record storage facilities. The NPRC receives and stores both federal military and civilian personnel records.
Native American
A person who is an enrolled member of a federally recognized Indian tribe.
New hire (NH) data (W4 data, after the form used to report the employees)
Data on a new employee that employers must submit within 20 days of hire to the State Directory of New Hires (SDNH) in the state in which they do business. Multistate employers have the option of reporting all of their newly-hired employees to only one state in which they do business. This data is then submitted to the National Directory of New Hires (NDNH) (Link opens in new window), where it is compared against child support order information contained in the Federal Case Registry (FCR) (Link opens in new window) for possible enforcement of child support obligations by wage garnishment. New hire data may also be used at the state level to find new hires who have been receiving unemployment insurance or other public benefits for which they may no longer be eligible, helping states to reduce waste and fraud. Federal agencies report this data directly to the NDNH.
(See also: State Directory of New Hires; National Directory of New Hires)
New hire reporting
Program that requires that all employers report newly-hired employees to the State Directory of New Hires (SDNH) in their state. This data is then submitted to the National Directory of New Hires (NDNH) (Link opens in new window), where it is compared against child support order information contained in the Federal Case Registry (FCR) (Link opens in new window) for possible enforcement of child support obligations by wage garnishment. Some data is also made available to states to find new hires who have been receiving unemployment insurance or other public benefits for which they may no longer be eligible, helping states to reduce waste and fraud.
(See also: State Directory of New Hires; National Directory of New Hires)
Non-cooperation
Any action or omission on the part of the custodial person which prevents OCSS from taking the next necessary step in providing support enforcement services.
Noncustodial parent (NCP) (Obligor)
The parent who does not have primary physical custody of the child(ren) and has an obligation to pay child support.
(See also: Custodial Person)
Non-dischargeable
See bankruptcy
Non-IV-A case
See Non-PA case
Non-IV-D case
A child support case where the custodial person to whom child support is owed is not receiving IV-A benefits or IV-D services. However, a non-IV-D case obligor could be sending their support payments through the Centralized Support Registry.
Non-IV-E Foster Care
State funded placement of a child(ren) removed from a home where the child(ren) does not meet federal IV-E participation requirements.
(See also: IV-E Foster Care)
Non-IV-D orders
A child support order handled by a private attorney as opposed to the state/local child support enforcement (IV-D) agency. (Non-IV-D orders that pre-date Jan. 1, 1994 may be subject to different disbursement requirements.) A non-IV-D order can be converted into IV-D case when the appropriate application and fees for IV-D services are paid by a parent or when the custodial parent begins receiving Title IV-A services for benefit of the child(ren).
Non-PA case (Non-IV-A case or Non-TANF case)
Non-public assistance case. A child support case in which the custodial person has requested IV-D services but is not receiving Temporary Assistance for Needy Families (TANF).
Non-TANF case
See Non-PA case
Notice of Service
A legal document that is filed with the appropriate court to provide proof that a party to a case has been legally served with court documents.
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Obligated
A term meaning a noncustodial parent (NCP) is required to meet the financial terms of a court or administrative order.
Obligation
Amount of money to be paid as support by a noncustodial parent (NCP). Can take the form of financial support for the child, medical support or spousal support. An obligation is a recurring, ongoing obligation, not a one time debt such as an assessment. The legal amount of support owed for the benefit of the children as ordered by a court or administrative procedure.
Obligee (person entitled) (Custodial person or Custodian)
The person, state agency or other institution to which child support is owed.
Obligor
The person who is obliged to pay child support (also referred to as the noncustodial parent or NCP). The person who is required to make payments under an order for support and/or the natural, legal or adoptive parents who are responsible for the support of such child or children.
Office of Administrative Hearings: Child Support (OAH)
The unit in the legal division within the Oklahoma Department of Human Services responsible for setting and enforcing support obligations through administrative procedures by the use of administrative law judges. Administrative rules for the OAH are found in Subchapter 28, of Chapter 2, of Title 340 of the Oklahoma Administrative Code.
Office of Child Support Enforcement (OCSE)
The federal agency responsible for the administration of the child support program. Created by Title IV-D of the Social Security Act in 1975, OCSE is responsible for the development of child support policy, oversight, evaluation and audits of state child support enforcement programs and providing technical assistance and training to the state programs. OCSE operates the Federal Parent Locator Service, which includes the National Directory of New Hires (NDNH) (Link opens in new window) and the Federal Case Registry (FCR) (Link opens in new window). OCSE is part of the Administration for Children and Families (ACF) (Link opens in new window), which is within the Department of Health and Human Services (DHHS) (Link opens in new window).
Offset
Amount of money intercepted from a parent’s state or federal income tax refund or from an administrative payment such as federal retirement benefits, in order to satisfy a child support debt.
Oklahoma Administrative Code (OAC)
The Oklahoma Administrative Code is a compilation of all permanent and preemptive administrative rules that have been filed with the Oklahoma Secretary of State as of a given date; and executive orders that have been filed with the Oklahoma Secretary of State as of a given date. Oklahoma Child Support Services' administrative rules are found in OAC Title 340: Department of Human Services, Chapter 25: Child Support Enforcement Division.
Oklahoma Child Support Enforcement Association (OCSEA)
An organization created to help the OKDHS child support program keep staff informed of current issues, policies and legislation. This organization hosts two annual statewide conferences. See http://www.ocsea.net/ (Link opens in new window) for more information about OCSEA.
Oklahoma Child Support Services (OCSS)
Oklahoma Child Support Services, a division of the Oklahoma Department of Human Services. OCSS is the state agency designated to administer the child support enforcement program for the State of Oklahoma. OCSS includes employees and agents of a central state office, district offices, and other offices that may be administered through contract or cooperative agreements with district attorneys, Community Action Program agencies and others.
Oklahoma Department of Human Services (OKDHS)
The state agency in Oklahoma created to administer and promote social services benefiting the general welfare, protection and security of the people of Oklahoma. Examples of programs within OKDHS are Temporary Assistance for Needy Families (TANF), Medicaid, Foster Care, Child Care Subsidy and Licensing and Child Support Services. See http://www.okdhs.org/ for more information about OKDHS.
Oklahoma Support Information System (OSIS)
The Oklahoma statewide computer system that supports the business activities of the Oklahoma child support program. It is an on-line information system that was designed to serve the needs of all child support case workers, supervisors, office managers and state office personnel.
Omnibus Budget Reconciliation Act of 1993 (OBRA)
Legislation that mandated insurance providers and employers offer dependent health coverage to children even if the child is not in the custody of the employee in the plan. OBRA created Qualified Medical Child Support Orders.
(See also: Qualified Medical Child Support Orders)
One state remedies
The exercise of a state's jurisdiction over a non-resident parent or direct establishment, enforcement, or other action by a state against a non-resident parent in accordance with the longs arm provision of Uniform Interstate Family Support Act (UIFSA) or other state law
Open case
Most often refers to an IVD case that is in 02 (open and active for current support or establishment on a case) status in OSIS; could also include statuses 06 (collecting for arrears only), 08 (collecting for judgment only) and 10 (not collectible usually ncp incarcerated). May also be used to refer to active AFDC/TANF cases.
Operation of law
The means by which a right or a liability is created for a party regardless of the party's actual intent, such as, because the court didn't rule on the motion for rehearing within 30 days, it was overruled by operation of law.
Order
Direction of a magistrate, judge or properly empowered administrative officer.
(See also: court order; support order)
Order/Notice to Withhold Income for Child Support (NOIA) (Form 03EN004E)
This federal form, Office of Management and Budget Form 0970-0154 (OMB 0970-0154), standardizes the information used to request income withholding for child support. It is used to notify employers and other withholders to deduct child support payments from noncustodial parents' (NCPs’) income and send the payments to a state’s Centralized Support Registry for distribution to custodial persons. According to the Uniform Interstate Family Support Act, this form may be sent directly from the initiating state to an NCP’s employer in another state. Also known as Income Withholding Order (IWO). NOIA and IWO may be used interchangeably.
(See also: Direct income withholding)
Out-of-state case
Any support case where one of the parties resides outside the state.
Out-of-town inquiry
See inquiry
Outgoing interstate case
An Oklahoma case where the NCP is residing in another state or country and an outgoing interstate referral has been submitted to that state or country.
Outgoing interstate referral
The outgoing interstate referral is a request for child support services made by Oklahoma to the child support agency of another state or country.
Overpayment
A payment to a custodial person, noncustodial parent, or other entity by OCSS to which the entity or person is not entitled.
(See also: bad debt; erroneous payment; retained support)
Overpayment recovery
The process used to record overpayment incidents and establish them as obligations in OSIS for monetary payment.
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Parent
An individual who has established a parent-child relationship.
Parent-child relationship
The legal relationship between a child and a parent of the child. The term includes the mother-child relationship and the father-child relationship.
Participant in a case
A child, parent or alleged father or custodial person associated with a child support services case.
Pass through
1) Provision by which states can disburse part of a child support payment collected on behalf of a public assistance recipient instead of keeping the funds to reimburse the state, as well as disregard the payment in determining eligibility for assistance. The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA) eliminated the pass-through effective October 1, 1996. Oklahoma eliminated this payment in 1997. A few states have elected to retain the pass-through, paying it out of state, rather than federal, money. Also known as child support disregard. or fifty dollar disregard.
2) In Oklahoma, in a non IV-D case, the support payment sent through the Centralized Support Registry is known as a pass through payment.
Past support
Past-due support or support for a prior period.
(See also: arrears; support for a prior period)
Passport Denial Program
Program created by the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA) that is operated under the auspices of the Federal Tax Refund Offset Program. Under the Passport Denial Program, obligors with child support arrearages of at least $2, 500 that are submitted to the federal Office of Child Support Enforcement (OCSE) (Link opens in new window) for Tax Refund Offset are forwarded to the U.S. Department of State. The U.S. Department of State then "flags" the obligor’s name and refuses to issue a passport in the event they apply for one. After the obligor makes arrangements to satisfy the arrears, states can decertify them with OCSE, which then requests the state department remove them from the program. This program is automatic, meaning that any obligor that is eligible will be submitted to the state department unless the State submitting the case for tax offset specifically excludes them from the Passport Denial Program.
(See also: Federal Tax Refund Offset Program)
Paternity
Legal determination of fatherhood. Paternity must be established before child or medical support can be ordered.
Paternity affidavit
See Acknowledgment of Paternity (Form 03PA209E).
Payee
- The person or entity to whom a check is written.
Payment plan (Payment schedule)
A payment plan includes, but is not limited to, a plan approved by the court or the support enforcement entity that provides sufficient security to ensure compliance with a support order or that incorporates voluntary or involuntary income assignment or a similar plan for periodic payment of past-due support and, if applicable, current and future support. A payment plan is intended to incrementally reduce arrears.
Payor
Any person or entity paying monies, income or earnings to an obligor. In the case of a self-employed person, the payor and obligor may be the same person.
Peace officer
An officer commissioned and employed by the Oklahoma Department of Human Services (OKDHS) within Oklahoma Child Support Services. It does not include peace officers employed by entities under contract or agreement with OKDHS.
Pended payments
Funds which are distributed to case balances but the payee has not yet received the money. Pended payments include, but are not limited to, cancelled by statute and stop pay issuances.
Perfect a lien
Having completed all necessary legal steps to achieve a result, such as obtaining a lien or other security by legal action or by completing and filing all documents with the appropriate entity or public office (such as with the insurance carrier or in the workers' compensation court file) to inform others there is a lien in place.
Performance measures
The method used by the federal government in the calculation of incentive dollars for all states. Performance Measures assess state performance levels in 6 areas: paternity establishment; child support order establishment; collections on current support; collections on arrears; cost-effectiveness; and medical (which is not yet tied to federal incentives). Each state earns 5 scores based on performance in each of the 5 areas. These scores are then multiplied by the state's collections base to arrive at an adjusted federal score. The better the adjusted federal score, the more incentive dollars the state receives. States are accountable for providing reliable data on a timely basis, or they receive no incentives.
Personal injury
In a negligence action, any harm caused to a person, such as a broken bone, a cut or a bruise also bodily injury.
Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA) (Welfare reform)
Federal legislation that provided a number of requirements for employers, public licensing agencies, financial institutions, as well as state and federal child support agencies, to assist in the location of noncustodial parents and the establishment, enforcement and collection of child support. This legislation created the New Hire Reporting program and the state and federal case registries. PRWORA is codified in Section 666 of Chapter 7 of Title 42 of the United States Code.
Petition
A legal document filed with a court commencing a legal proceeding.
Petitioner
A party who brings an action before a court or other official body. The party who complains or sues in a civil case. In Oklahoma, the person filing the action in a domestic relations case.
(See also: complainant; plaintiff)
Physical custody
The physical care and supervision of a child. The child support obligation follows physical custody, not legal custody.
Plaintiff
A person who brings an action. The party who complains or sues in a civil case. Petitioner is used in Oklahoma domestic relations actions.
(See also: complainant; petitioner)
Pleadings
Statements or allegations, presented in logical and legal form filed with the court, which constitute a plaintiff’s cause of action or a defendant’s grounds of defense.
Policy
A high-level set of guidelines that regulate organizational action. A policy controls the conduct of people and the activities of systems. OKDHS policy is a combination of OKDHS rules and internal agency procedures.
Policy Interpretation Question (PIQ) An official reply by the federal Office of Child Support Enforcement (OCSE) to an inquiry submitted by a state child support agency concerning application of policy. Although questions often arise from a specific practice or situation, the responses are official statements of OCSE policy on the issue.
Postmaster Letter (PML)
A letter to the postmaster requesting verification of the address where a person is believed to reside. Used in locate activities to verify the person's address, however it technically only verifies that the person receives mail at that address.
Power of attorney
A written affidavit authorizing another to act as one's agent or attorney.
Presumed father
A man, who, by operation of law, is recognized as the father of a child until that status is rebutted or confirmed in a judicial proceeding.
(See also: acknowledged father; adjudicated father; alleged father; legal father)
Private case
A misnomer and carryover from when most customers of the program were public assistance recipients. Usually referred to as a “non-public assistance case.” It is a support case where the custodial person to whom child support is owed is not receiving IV-A benefits.
Pro Se
Term used when representing one's self in court without an attorney.
Proactive matching
Process in which child support case data newly-submitted to the Federal Case Registry (FCR) (Link opens in new window) is automatically compared with previous submissions, as well as with the employment data in the National Directory of New Hires (NDNH) (Link opens in new window). The resulting locate information is then returned to the appropriate state(s) for processing.
Proceeding
The conduct of business before a judge or administrative hearing officer.
Process improvement team (PIT)
A team of employees, mostly front line staff, tasked with analyzing a process and recommending solutions for improvement of that process to make it more efficient and effective.
Promulgate
To publish. To announce officially. To make public as important or obligatory.
Public assistance (PA)
Benefits granted from state or federal programs to aid eligible recipients (eligibility requirements vary between particular programs). Applicants for certain types of public assistance, such as, Temporary Assistance for Needy Families, are automatically referred to their state IV-D agency to identify and locate the noncustodial parent (NCP), establish paternity and/or obtain child support payments. This allows the state to recoup or defray some of its public assistance expenditures with funds from the NCP.
Purge
The process of deleting a case from the OSIS computer files. Cases are purged automatically when they meet certain criteria unless a worker chooses to retain.
Purge fee
The total amount of child support due in a contempt citation which a judge orders the obligor to pay in order to exonerate the obligor from the contempt citation and to avoid being found guilty and sentenced to jail. Payment of a purge fee will result in OCSS dismissing the contempt citation.
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Qualified Domestic Relations Order (QDRO)
A court order used in domestic relations cases to provide payments for property division, child support and alimony for support. OCSS uses the QDRO to force distribution from some ERISA qualified retirement plans.
Qualified Medical Child Support Order (QMCSO)
An order, decree or judgment, including approval of a settlement agreement, issued by a court or administrative agency of competent jurisdiction that provides for medical support for a child of a participant under a group health plan or provides for health benefit coverage to such child.
Quarterly wage (QW) data
Data on all employees that must be submitted by employers on a quarterly basis to the Oklahoma Employment Security Commission (OESC) in the state in which they operate. This data is then submitted to the National Directory of New Hires (NDNH). Minimum information must include the employee’s name, address, Social Security number (SSN), wage amount and the reporting period as well as the employer’s name, address and Federal Employer Identification Number (FEIN). The data is then compared against child support order information contained in the Federal Case Registry (FCR) for possible enforcement of child support obligations by wage garnishment. Federal agencies report this data directly to the NDNH.
(See also: state employment security agency; National Directory of New Hires)
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Receipt
Payment logged within the Oklahoma Support Information System (OSIS) financial system.
Recipient
A person who receives support funds and/or Temporary Assistance for Needy Families (TANF) payments.
(See also: Temporary Assistance for Needy Families (TANF); IV-A; IV-A case; public assistance)
Reciprocity
A relationship in which one state grants certain privileges to other states on the condition they receive the same privilege.
Record of payments
The record of payment identifies totals of what has become due and what has been paid by an obligor as of a point in time and includes any interest accruals. This document can be distributed to our external customers and used as evidence in court.
Redirect
A motion and order (or notice and order) for redirection of support payment.
Referral
Request sent to a IV-D agency by another agency (IV-A or another state's IV-D agency) asking for a child support case to be established.
Refusal of service
A document that is mailed to a recipient via Certified Restricted Delivery and the document was refused by the recipient at the post office. Or, a licensed process server attempted to hand deliver a legal document to a party in the court case and the recipient refused to accept it. Refusal of certified mail or personal service is considered good service upon the recipient under Section 2004 of Title 12 of the Oklahoma Statutes (Link opens in new window).
(See also: licensed process server; notice of service)
Regulation
A rule or order for the management of government programs.
Remedies
The means by which a right to child support is enforced.
Rescission of Acknowledgment of Paternity (Form 03PA211E)
An official numbered Oklahoma Department of Human Services form used to rescind (cancel) the legal establishment of paternity created by a previously submitted Acknowledgment of Paternity (Form 03PA209E). This form must be completed and filed with the Oklahoma State Department of Health, Division of Vital Records, within 60 days of the acknowledgment.
Rescission of Denial of Paternity (Form 03PA213E)
An official numbered Oklahoma Department of Human Services form used to withdraw a sworn statement denying paternity of a child. This form must be completed within 60 from the last signature on the Acknowledgment of Paternity (Form 03PA209E) or the Denial of Paternity (Form 03PA210E) which ever is later.
Respondent
The party answering a petition or motion.
(See also: Defendant)
Responding agency
The agency that is providing services in response to a referral from an initiating agency in an intergovernmental IV–D case.
Retained support
Retained support occurs when the custodial person has kept support payment(s) in violation of the assignment of support rights.
(See also: overpayment)
Review and adjustment
Process in which current financial information is obtained from both parties to evaluate and decide if a support order needs to be adjusted.
Revised Uniform Reciprocal Enforcement of Support Act (RURESA)
Revised URESA law that sets forth reciprocal laws concerning the enforcement of child support between states.
(See also: Uniform Reciprocal Enforcement of Support Act; Uniform Interstate Family Support Act)
Rule
Rule as defined by the Oklahoma Administrative Procedures Act (APA) means any agency statement or group of related statements of general applicability and future effect that implements, interprets or prescribes law or policy or describes the procedures or practice requirements of the agency. The term includes the amendment or revocation of an effective rule. OKDHS interprets this APA definition to mean a rule is a statement that informs the public and describes the: rights of applicants, recipients and providers; program requirements applicants, recipients and providers must meet and federal and state requirements OKDHS must meet. OKDHS rules are in Title 340 of the Oklahoma Administrative Code and all OKDHS administrative rule numbers begin with "340:"
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Service by publication
Service of process accomplished by publishing a notice in a newspaper or by other means, after a court determines other means of service are impractical or have been unsuccessful. This procedure is not allowed in every state.
Service of process
The delivery of a writ or summons to a party for the purpose of obtaining jurisdiction and to notify of a legal proceeding against the party.
Servicemembers Civil Relief Act (SCRA)
Formerly called the Soldiers' and Sailors' Civil Relief Act of 1918, amended in 1940 and 2003, the SCRA is a federal law that protects soldiers, sailors, airmen, and Marines from being sued while in active military service of their country. The SCRA is codified in Sections 511, 514 and 516 of Title 50A of the United States Code. Although the SCRA permits the servicemember to delay court proceedings, there are alternatives to administrative and district court proceedings. All military services have regulations requiring their members to honor court orders and pay child support regardless of the SCRA.
(See also: Member of military service)
Show cause
A court order directing a person to appear and bring forth any evidence as to why the remedies stated in the order should not be confirmed or executed.
Signatory
An individual who authenticates a record and is bound by its terms.
Single-state Financial Institution Data Match
Process by which delinquent child support obligors are matched with accounts held in financial institutions doing business in only one state.
Social Security Act
Public Law 74-271 (Link opens in new window), approved Aug. 14, 1935.
Split jurisdiction
Split jurisdiction means a court has jurisdiction over 1 or more children on a child support case while another court retains jurisdiction over another child(ren) in the same family.
Spousal support (Maintenance or Support alimony)
Court ordered support of a spouse or ex-spouse.
Standardized data elements
Data elements that must be included in each child support case record in accordance with the federal system requirements.
State
A state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States.
State’s Attorney
A lawyer employed in the child support program to represent the state in rendering services pursuant to the Social Security Act, codified in Part D of Subchapter IV of Chapter 7 of Title 42 of the United States Code.
State Case Registry (SCR)
A database maintained by each state that contains information on individuals in all IV-D cases and all non-IV-D orders established or modified after Oct. 1, 1998. Among the data included in the SCR is the state’s numerical FIPS code, the state’s identification number (which must be unique to the case), the case type (IV-D vs. Non-IV-D), locate information on persons listed in the case. Information submitted to the SCR is transmitted to the Federal Case Registry, where it is compared to cases submitted to the FCR by other states, as well as the employment data in the National Directory of New Hires (NDNH). Any matches found are returned to the appropriate states for processing.
(See also: Federal Case Registry; IV-D case; Non-IV-D Order)
State Directory of New Hires
A database maintained by each state, which contains information regarding newly-hired employees for the respective state. The data is then transmitted to the NDNH, where it is compared to the employment data from other states as well as child support data in the Federal Case Registry (FCR). Any matches found are returned to the appropriate states for processing. Employers are required to submit new hire data to the SDNH within 20 days of the hire date. Multistate employers (those who do business and hire workers in more than one state) have additional options on where to report new hire information. In most states, the SDNH is contained in the State Parent Locator Service (SPLS) that is part of each state IV-D agency, in others it is operated by the state employment security agency (SESA).
(See also: National Directory of New Hires; new hire reporting)
State Disbursement Unit (SDU)
The single site in each state where all IV-D child support payments are processed. Upon full implementation, all income assigned payments, as well as those court ordered, will be processed through the SDU.
(See also: Centralized Support Registry)
State employment security agency (SESA)
Agencies in each state that process unemployment insurance claims. They are also repositories of quarterly wage data, information on all employees submitted by employers, which they submit to the National Directory of New Hires (NDNH) along with the unemployment insurance claim data. In some states, the SESA also operates the State Directory of New Hires (SDNH), which contains data submitted by employers on newly hired employees. Data submitted to the NDNH is then compared against child support order information contained in the Federal Case Registry (FCR) for possible enforcement of child support obligations by wage garnishment. In Oklahoma, the state employment security agency is the Oklahoma Employment Security Commission.
(See also: unemployment insurance claim data; quarterly wage data; new hire data; State Directory of New Hires; National Directory of New Hires)
State Parent Locator Service (SPLS)
A unit within the child support enforcement agency whose purpose is to collect data for the Federal Parent Locator Service to locate noncustodial parents in order to establish and enforce child support obligations, visitation and custody orders or to establish paternity. In Oklahoma, the OCSS state office Center for Coordinated Programs operates the State Parent Locator Service. In some states, the SPLS operates the State Case Registry.
Statement of judgment
A document filed to perfect a lien on real estate in the county where the property is located. It includes the date of the judgment and the amount of the judgment.
Statute
A law resulting from a legislative act.
Stop pay issuance
An Oklahoma Child Support Services (OCSS) warrant issued but the payee requests the check not be approved for payment. The payee must complete Form 10AD044E, Affidavit of Lost or Destroyed Warrant, in order to initiate the stop payment process. Upon receipt of Form 10AD044E, OCSS notifies the Oklahoma State Treasurer and issues a replacement warrant.
(See also: Pended Payments)
Subpoena
A document requiring the person named to appear at a certain time and place to give testimony.
Subpoena duces tecum
A court document served requiring production of certain evidence or documents.
Summary of Support Order (SOSO) (Form 03EN003E)
This form is used to summarize the child support order when Oklahoma Child Support Services is not providing child support services. After a judge enters a child support order, Oklahoma law requires custodial persons, noncustodial parents or their attorneys complete this form and mail it to Oklahoma's Central Case Registry. This ensures child support orders are properly recorded so Oklahoma's Centralized Support Registry can distribute child support income assignment payments to the correct custodial person.
Summons
A notice to a defendant that an action against him or her has been commenced in the court issuing the summons and a judgment will be taken against him or her if the complaint is not answered within a certain time.
Support
All payments or other obligations due and owing to the obligee or person entitled by the obligor under a support order, and may include, but is not limited to, child support, medical insurance or other health benefit plan premiums or payments, child care obligations, support alimony payments and other obligations as specified in Section 118 of Title 43 of the Oklahoma Statutes (Link opens in new window).
Support debt
A debt owed to the state of Oklahoma by the natural, legal or adoptive persons who are responsible for support of a child or children receiving public assistance from the OKDHS or the reasonable expenses of providing for a child or children.
Support for a prior period
The amount of child support ordered under the child support guidelines in Sections 118 (Link opens in new window) and 119 of Title 43 of the Oklahoma Statutes (Link opens in new window) in paternity orders and in TANF notice of support debt orders for past months when no child support order was in effect.
Support order
A judgment, decree, order or directive, whether temporary, final or subject to modification, issued by a tribunal for the benefit of a child, a spouse or a former spouse, which provides for monetary support, health care, arrearages or reimbursement, and may include related costs and fees, interest, income withholding, attorney's fees, and other relief.
(See also: Obligation)
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Tax offset intercept
Past due support withheld (or intercepted) from an NCP’s state or federal income tax return.
Tax offset referral
Arrears owed that are reported to state and federal tax offices to intercept or offset state or federal income tax returns.
Temporary Assistance for Needy Families (TANF)
Time-limited public assistance payments made to poor families, based on Title IV-A of the Social Security Act. TANF replaced Aid to Families with Dependent Children (AFDC -- otherwise known as welfare) when the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) was signed into law in 1996. The program provides parents with job preparation, work and support services to help them become self-sufficient. Applicants for TANF benefits are automatically referred to their state IV-D agency in order to establish paternity and child support for their children from the noncustodial parent. This allows the state to recoup or defray some of its public assistance expenditures with funds from the noncustodial parent.
(See also: Personal Responsibility and Work Opportunity Reconciliation Act)
Third party liability
A category under which the state pays the difference between the amount of the medical bill and the amount the insurance company has paid. This occurs only when a public assistance recipient has medical insurance in addition to coverage provided by the public assistance program.
Tribal child support programs
Tribal nations that have been approved by the federal government to operate a comprehensive child support program. There are eight tribal nations in Oklahoma that operate federally funded child support programs: Cherokee Nation, Chickasaw Nation, Comanche Nation, Kaw Nation, Modoc Tribe, Muscogee (Creek) Nation, Osage Nation, and Ponca Nation. Each tribal nation child support program has specific requirements which the applicant must meet before receiving child support services.
Tribal court
A judicial entity authorized by the Bureau of Indian Affairs and an individual tribe to hold jurisdiction over that tribe’s members.
Tribunal
A court, administrative agency, or quasi judicial entity authorized under state law to establish, enforce or modify support orders or determine paternity.
Two-state action
An action a state must file under the Uniform Interstate Family Support Act (UIFSA) guidelines when it does not have long arm jurisdiction (such as, cannot legally claim personal jurisdiction over a noncustodial parent who lives in another state). This is usually in cases where a state is trying to establish an initial child support order on behalf of a resident custodial party. Other actions, such as requesting wage withholding or reviewing and/or revising an existing support order, do not require a two-state action even if the initiating state does not have long arm jurisdiction.
(See also: Initiating jurisdiction; Uniform Interstate Family Support Act)
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Unclaimed funds
Support payment that cannot be disbursed because the identity of the payor is unknown or the address of the payee is unknown.
Undistributed funds (or payments)
Payments received but not yet distributed for reasons such as lack of order information, missing case types or no further balances reflected as due.
Unemployment compensation intercept (UCI)
Past due support (or intercepted) from an NCP's unemployment benefits.
Unemployment insurance (UI) claim data
Data on unemployment insurance and applicants claimants submitted by state employment security agencies (SESAs) on a quarterly basis to the National Directory of New Hires (NDNH) (Link opens in new window). Minimum information must include the employee’s name, address, Social Security number (SSN), the benefit amount and reporting period. This data is then compared against child support order information contained in the Federal Case Registry (FCR) (Link opens in new window) for possible enforcement of child support obligations by garnishment.
(See also: state employment security agency; National Directory of New Hires)
Uniform Interstate Family Support Act (UIFSA)
Laws enacted at the state level to provide mechanisms for establishing and enforcing child support obligations in interstate cases (when a noncustodial parent lives in a different state than his/her child and the custodial party). Based on model legislation that was drafted by the National Conference of Commissioners on Uniform State Laws to revise and replace URESA. The provisions of UIFSA supersede those of URESA, although some URESA provisions may remain in effect (some states have rescinded all of URESA, while others have left in place those provisions not specifically superseded by UIFSA). Among the law’s provisions is the ability of state IV-D agencies to send withholding orders to employers across state lines. PRWORA mandated all states adopt legislation requiring UIFSA be adopted, without modification by the state, Jan. 1, 1998. Oklahoma adopted UIFSA in September 1994 and has adopted UIFSA amendments in 2001 and 2006.
(See also: Direct income withholding)
Uniform Parentage Act (UPA)
The most important uniform act addressing the status of the out-of-wedlock child. The Uniform Parentage Act asserts all children should be treated equally without regard to the marital status of the parents. First approved by the National Conference of Commissioners on Uniform State Laws in 1973, the UPA, as amended in 2002, is now the official recommendation of the conference on the subject of parentage. Several states have enacted the UPA in whole or in part. Oklahoma adopted significant portions of the UPA in 2006, which were effective Nov. 1, 2006. In Oklahoma, the UPA creates a uniform definition of parentage and a uniform 2-year time period for challenges to paternity established through marriage, acknowledgments and court orders. It resolves conflicting presumptions of paternity by allowing courts to order genetic testing during the 2-year challenge time period if it is in the child's best interest. It gives courts factors to consider when determining if it is in the child's best interest to order genetic testing and requires an attorney or guardian ad litem be appointed for a child if there is a challenge to the paternity establishment.
Uniform Reciprocal Enforcement of Support Act (URESA)
Law first promulgated in 1950, which provides a mechanism for establishing, enforcing, and modifying support obligations in interstate cases. Has now been superseded by the Uniform Interstate Family Support Act (UIFSA).
United States Code (USC)
A congressionally authorized compilation of federal laws that are systematically classified into 1 of 50 titles.
Unreimbursed public assistance (URA)
Money paid as cash assistance from IV-A and IV-E programs, such as, Temporary Assistance for Needy Families or its predecessor Aid to Families with Dependent Children and foster care, which has not yet been recovered from the noncustodial parent. Unreimbursed public assistance may be referred to as UPA in states other than Oklahoma.
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Venue
The county in which an action or prosecution is allowed to be brought for hearing or trial.
Victim protection order (VPO)
An order that is intended to protect one individual from violence, abuse, harassment or stalking by another.
Voluntary Acknowledgment of Paternity Process
The process of legally establishing paternity, when a child is born out of wedlock and the mother and the alleged father declare he is the natural father of the child, through the use of an official numbered Oklahoma Department of Human Services (OKDHS) form, 03PA209E.
(See also: Acknowledgment of Paternity)
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Wage assignment
See income assignment
Wage withholding
See income assignment.
Waiver
A procedure by which a known right is voluntarily and intentionally relinquished.
Warrant
- A written order issued and signed by a judge and directed to a peace officer or some other official commanding the official to arrest the person named in the warrant, who is accused of an offense or a failure to appear in court.
- An unconditional written order by which one person or entity authorizes another person or entity to pay a certain sum of money to a third person or entity. A warrant may be described on its face by another term, such as money order, check, cashier's check or bank draft.
(See also: Check)
Workers’ compensation
A form of insurance provided to employees who are injured on the job, in exchange for the relinquishment of the employee's right to sue his or her employer.
Writ
A legal order in writing issued by a judicial officer commanding and granting authority to a peace officer to perform a specified act.
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