1. (a) In all cases, Oklahoma Child Support Services (OCSS) staff requests the court set a periodic payment plan to collect past support.
(b) When the court determines a judgment at an amount different from the amount shown on the OCSS arrearage computation presented to the court, OCSS staff updates the court's:
(1) judgment amount on the automated Oklahoma Support Information System (OSIS) Obligation screen; and
(2) decision and finding of fact, if included in the court order, on the OSIS Case Log (CSLOG) screen.
2. (a) Arrears are calculated and added to the case without waiting 30 calendar days when:
(1) there is no address for the noncustodial parent (NCP) and the custodial person (CP) returned an affidavit of payments;
(2) the NCP responds and does not dispute arrears; or
(3) both parties respond within 30 calendar days and there is no dispute as to the amount of arrears.
(b) OCSS staff files an action to determine arrears when:
(1) both parties respond and there is a dispute as to the arrears amount; and
(2) the NCP requests credit for non-cash support and the CP does not agree. OCSS staff files the action without including credit for the non-cash support.
(c) When the NCP fails to return the affidavit of payments, arrears are calculated and added to the case after 30 calendar days.
(d) When only the NCP returns the affidavit of payments, OCSS staff:
(1) contacts the CP to verify the information provided by the NCP;
(2) enforces current support only from the date the obligation is built, until arrears are determined;
(3) reviews the case for noncooperation and case closure when appropriate; and
(4) files an action to determine arrears and serves the CP per OAC 340:25-3-3.
(e) When neither party returns the payment affidavits, OCSS staff does not calculate arrears or add arrears to the case and enforces current support only from the date the obligation is built. OCSS staff requests arrears be reserved for further determination by the court.
3. (a) When requesting a monthly payment schedule on past support, OCSS staff reviews available information that may include the following sources to determine the NCP's ability to pay:
(1) OSIS screens, such as FCRL and OWL;
(2) Oklahoma Wage Report available from the Oklahoma Employment Security Commission's website at http://www.oesc.state.ok.us/lmi/publications/publication.asp?pubID=12;
(3) Westlaw Consolidated Lead Evaluation and Reporting (CLEAR) Report; and
(4) other sources as appropriate.
(b) When the payment schedule exceeds three years, OCSS documents in the court order that a three year payment schedule is unreasonable or not in the best interests of the child(ren).
4. OCSS staff follows the Guide to the Servicemembers Civil Relief Act (SCRA), available from the OCSS InfoNet, for procedure regarding:
(1) waivers of rights and protection under the SCRA;
(2) appearance in court actions;
(3) stays of court; and
(4) default orders.
5. Settlement of past support. OCSS staff includes in the court order the settlement terms, including any waivers of past support. The district office OCSS state's attorneys must approve all settlements of past support.
(1) Past support owed to Oklahoma. When there is a settlement of past support owed to Oklahoma, the Unreimbursed Assistance balance is reduced by the amount of the assigned arrears being compromised. This provision does not apply in instances where the CP has multiple children on different child support cases.
(2) Past support owed to the CP. OCSS staff drafts the court order with language that states the CP makes the waiver knowingly, voluntarily, and without coercion, and with the understanding that the CP may not make a claim for the waived child support amounts in the future.
6. When initiating an enforcement action, OCSS staff reviews the case to determine if the current support obligation is in accord with the child support guidelines and whether to initiate a modification of the current support obligation per OAC 340:25-5-198.2.