following words and terms, when used in this Chapter shall have the following
meanings unless the context clearly indicates otherwise:
of record" or "AOR" means an address for a
party or a custodial person (CP) in the Central Case Registry of Child Support
Services (CSS) used for service of process in support, custody, and visitation
actions. An AOR may be different from
the party's or CP's physical address.
"Alleged father" means 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 per Section 7700-102 of Title 10 of the Oklahoma Statutes (10 O.S. § 7700-102).
health coverage" means
health care services other than health insurance including, but not limited to,
Indian Health Services (IHS) or Defense Eligibility Enrollment Reporting System
(DEERS) available to either parent under which medical services could be
provided to the dependent child(ren).
notice" means the
yearly notice provided for in 56 O.S. § 237A to notify the noncustodial parent (NCP)
and CP of the amount due, actions that may be taken to enforce the child
support obligation, actions required of the NCP and CP, and other related
information and instructions.
"Applicant" means the individual who requested child
support services or was referred by another agency or program for child support
or "past-due support"
means the total amount of unpaid support obligations accrued under a support
order. Refer to "delinquency"
in this Section.
"Assignment" means any transfer of rights to support to
the State of Oklahoma under Sections 608 and 671 of Title 42 of the United
States Code (42 U.S.C. §§ 608 and 671) 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 (42 C.F.R. § 433.146).
a person designated by a CP, NCP, or biological parent per Oklahoma
Administrative Code (OAC) 340:25-1-3.1.
parent" means the
natural parent of a child.
"Case" means 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 received child support services and all of the
records and actions associated with the group.
medical support" means
an amount ordered to be paid toward the
cost of health coverage provided by a public entity or by a person other than
the parents through employment or otherwise per 43 O.S. § 118F.
Case Registry" or "CCR" means Oklahoma's
repository for Part D of Subchapter IV of Chapter 7 of Title 42 of the United States Code (Title IV-D) cases and child support orders established or modified
in Oklahoma after October 1, 1998. It
includes, but is not limited to, information required to be transmitted to the
Federal Case Registry per 42 U.S.C. § 654a.
CSS maintains the CCR per 43 O.S. § 112A.
means a repository maintained by CSS to receive, allocate, and distribute
support payments, including child support, spousal support when paid in
conjunction with child support, and related support payments per 43 O.S. § 413. It serves as Oklahoma's State Disbursement
Unit per 42 U.S.C. § 654b. The
Centralized Support Registry processes payments per 43 O.S. § 413:
(A) 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
Statutes until all monies owed for child support are no longer owed;
(B) in all other cases in which support is being paid by income withholding;
(C) when a court orders payments to be made
through the Centralized Support Registry.
"Child support order" means an obligation addressing monetary support, cash medical support,
medical support for the child(ren), and support arrearage and arrearage
payments, when any.
"CSED" means Oklahoma Department of Human Services
Child Support Services.
"CSS" means Child Support Services. CSS includes 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. CSS includes all of these
offices, employees, and agents. CSS was
formerly known as CSED and Oklahoma Child Support Services (OCSS).
child support" means
the base child support obligation and the proportional share of health
insurance costs, fixed medical costs, transportation expenses, and annualized
child care costs. Current child support
does not include cash medical support.
person," "custodian," or "CP" means the person who has
primary physical custody of the child(ren).
any payment under an order for support which becomes due and remains unpaid per 12 O.S. §1170 and 56 O.S. § 237.7.
"DHS" means the Oklahoma Department of Human
Services, formerly known as OKDHS. DHS
is the state agency designated to administer the child support program for the
State of Oklahoma.
office" means a child
support services office operated by DHS or through contract or agreement with DHS
to serve a specific area of the state.
violence" means domestic
abuse or child abuse, including physical or emotional harm.
medical" means fixed
periodic payments for ongoing medical costs not paid or reimbursed by insurance
or included in a cash medical support order.
"Full-service case" means a child support case for which CSS
provides all appropriate Title IV-D services per OAC 340:25-1-1.2.
insurance coverage that provides routine
and major medical expenses including, but not limited to: preventive care,
office visits, hospitalization, and medication coverage that may be
provided through a fee for service, health maintenance organization, preferred
provider organization, or other private or public organization, other than
administrative enforcement cases in interstate actions" means on request of another state, the
identification by a state, through automated data matches with financial
institutions and other entities where assets may be found, of assets owned by
persons who owe child support in other states, and the seizure of such assets
by the state through levy or
other appropriate processes per 42 U.S.C. § 666.
assignment" means 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 NCP to
the person entitled to the support or to another person designated by the
support order or assignment, per 12 O.S. §1170 and 56 O.S. § 237.7. An income assignment may be for payment of
current support, arrearages, or both.
The terms "income assignment" and "income
withholding" may be used interchangeably.
case" means a case in
which at least one party resides in another state or country or a support order
was entered in another state or country.
case" means a case existing
or occurring within the boundaries of a single state.
"IV-A" means Title IV, Part A, of the Social
Security Act, codified in 42 U.S.C. Part A of Subchapter IV of Chapter 7,
covering the federal-state Temporary Assistance for Needy Families (TANF)
"IV-B" means Title IV, Part B, of the Social
Security Act, codified in 42 U.S.C. Part B of Subchapter IV of Chapter 7,
covering child welfare services.
"IV-D" means Title IV, Part D, of the Social
Security Act, codified in 42 U.S.C. Part D of Subchapter IV of Chapter 7,
generally relating to child support.
case" means a child
support case receiving Title IV-D services.
programs and services"
means programs and services under Title IV, Part D, of the Social Security Act,
codified in 42 U.S.C. Part D of Subchapter IV of Chapter 7.
"IV-E" means Title IV, Part E, of the Social
Security Act, codified in 42 U.S.C. Part E of Subchapter IV of Chapter 7,
covering foster care.
"IV-E foster care" means federal and state funded placement of
a child(ren) removed from a home whose family members meet the eligibility
criteria for federal participation for Title IV-E foster care.
"Medicaid" means medical assistance provided under a
state plan approved under Title XIX of the Social Security Act, codified in 42
U.S.C. Subchapter XIX of Chapter 7 including SoonerCare, State Children's
Health Insurance Program (S-CHIP), and Insure Oklahoma. In Oklahoma,
the Oklahoma Health Care Authority (OHCA) provides Medicaid services for
eligible adults and children.
"Medical enforcement only case" or "MEO case" means a child
support case for which CSS provides only Title IV-D services related to
securing and enforcing medical support to non-TANF SoonerCare (Medicaid)
support" means 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" means
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, National Oceanic and Atmospheric
Administration, Reserves when ordered to report for active military duty, and
United States citizens serving with the military of other countries when that
service is similar to military service per 50 App.50A U.S.C. §§ 511, 514, and 516. A servicemember may be an NCP or a CP.
"Non-cash support" means support
given to a family in the nature of goods or services that can be assigned a
specific dollar value in lieu of monetary payment.
parent" or "NCP" means a parent who does
not have primary physical custody of the child(ren).
case" means a private
child support case not receiving Title IV-D services.
"Non-IV-E foster care" means state funded placement of a
child(ren) removed from a home where the child(ren) does not meet federal Title
IV-E participation requirements.
means a case in which a parent or CP receives Title XIX Medicaid services for
the minor child(ren).
Income Assignment" means the tool
used to affect the income withholding process.
This document is used to notify employers and other withholders to
deduct child support payments from an NCP's income and to send the payments to
Oklahoma's Centralized Support Registry for distribution. The terms "income withholding" and "income
assignment" may be used interchangeably.
"OAH" means the DHS Legal Office of
Administrative Hearings: Child Support (OAH) that employs and assigns
administrative law judges to conduct child support administrative hearings.
"Obligee" or "person
entitled" per 56 O.S. § 237.7 means:
person to whom a support debt or support obligation is owed;
Department of Human Services or a public agency of another state that has the
right to receive current or accrued support payments or that is providing
support enforcement services; or
person designated in a support order or as otherwise specified by the court.
"Obligor" means the person who is required to make
payments under an order for support per 12 O.S. §1170 and 56 O.S. § 237.7.
"OCSS" means CSS.
"Offset" means an amount of money intercepted from an
NCP's state or federal tax refund or from an administrative payment, such as
federal retirement benefits to satisfy a child support debt.
"OKDHS" means DHS.
Health Care Authority (OHCA)" means the Oklahoma
agency that administers the Medicaid and SoonerCare programs for adults and
children who meet eligibility requirements.
OHCA operates under the authority of Title XIX of the Social Security
Act and 63 O.S. §§ 5003 et seq.
"Overpayment" means a CSS payment to a CP, NCP, or other
entity to which the entity or person is not entitled.
in a case" means a
child, parent, alleged father, or CP associated with a child support services
past-due support or support for a prior period.
Refer to "arrears" in this Section.
"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,
incorporates voluntary or involuntary income assignment, or a similar plan for
periodic payment of past-due support and, when applicable, current and future
support per 43 O.S. § 139.1 and
56 O.S. § 237.7. A payment plan is
intended to incrementally reduce arrears.
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 per 12 O.S. §1170 and 56 O.S. § 237.7.
"Presumed father" means a man who, by operation of law per
10 O.S. § 7700-204, is recognized as the father of a child until that status
is rebutted or confirmed in a judicial proceeding.
Security Act" means
Public Law 74-271, codified in 42 U.S.C. Chapter 7 that established the Title
IV-D program and other social services programs.
attorney" means a lawyer employed in the child support program
to represent the state in rendering services per the Social Security Act,
codified in 42 U.S.C. Part D of Subchapter IV of Chapter 7.
"Support" per 56 O.S. § 237.7 means all payments or
other obligations due and owing to the CP or person entitled by the NCP 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 specified in 43
O.S. §§ 118A through 119.
"Support for a prior period" means the amount of child support ordered
under the child support guidelines in 43 O.S. §§ 118 through 119 in paternity
orders and in TANF notice of support debt orders for past months when no child
support order was in effect.
order" per 43 O.S. § 601-101 means 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.
"TANF" means Temporary Assistance for Needy
Families. TANF replaces Aid to Families
with Dependent Children (AFDC).
"Tribunal" per 43 O.S. § 601-101, means a court or administrative
agency authorized to establish, enforce, modify support orders, or determine
"UIFSA" means the Uniform Interstate Family Support
Act. In Oklahoma, UIFSA is codified at 43
O.S. §§ 601-100 through 601-903.
means money paid as cash assistance from Title IV-A and Title IV-E programs
that has not been recovered.
"UPA" means the Uniform Parentage Act. In Oklahoma, UPA is codified in 10 O.S. §§
7700-101 through 7700-902.