authority. Oklahoma Department of
Human Services Child Support Services (CSS) collects and enforces interest on
past-due Oklahoma court-ordered child support payments, per Section 114 of Title 43 of the Oklahoma Statutes (43 O.S. §
(b) Support for a prior period. CSS collects interest on support for a
prior period, per Oklahoma
Administrative Code (OAC) 340:25-5-179.1 and is calculated
at a rate, per 43 O.S. § 114. • 1
(c) Accrual date.
(1) Interest accrues on any unpaid portion of the monthly
current child support obligation on the first day of the month following the:
(A) due date specified in the court order; or
(B) entry date of the child support order when a support
order does not specify a due date. • 2
(2) Interest accrues on a lump sum judgment for support for a prior
period from the first day of the month after the judgment is entered, per 43 O.S. § 114.
(d) Grace period and
accrual. CSS has a grace period when interest is not charged. Interest begins to accrue from the first day
of the month following the date the arrears are in excess of one month's
current support. • 3
(e) Interest on cash medical support. CSS does not calculate or collect interest on
unpaid cash medical support.
(1) Upon a servicemember's written request, an interest rate cap of 6
percent applies to child support arrearages of members of the military service
incurred prior to the start of military service, per Section 3937 of Title 50 of the United States Code. • 4
(2) The servicemember must provide a written request for reduced
interest and a copy of the military orders calling the servicemember to service
and any orders further extending military service to CSS no later than 180-calendar days after the date of the
servicemember's termination or release from military service.
(3) Upon receipt of these documents, CSS applies the 6 percent interest rate to child support
arrearages existing as of the date when the servicemember is called to military
service and throughout the active military service.
(4) CSS may initiate a court action to
challenge the claim that the servicemember's military duty materially affected
his ability to pay an interest rate over 6 percent. • 5
(g) Interest rate.
(1) CSS calculates simple interest, per 43 O.S. § 114.
(2) For orders established in other states, the law of the
state entering the order determines the amount and rate of interest due until a
determination of controlling order is made. • 6 through 9
(3) For orders established in Oklahoma, Oklahoma law
determines the amount and rate of interest due.
(4) When there are multiple child support orders and Oklahoma is
determining the controlling order, CSS determines the
rate of interest charged, per 43 O.S. § 601-604. • 6
silent as to interest. When
an order that settles or determines a past-due child support amount is silent
as to interest, the party with the right to collect has not waived the
interest. • 9
(i) Enforcement. Accrued interest is considered child
support. Interest is included in
(j) Incoming interstate cases. In the absence of an Oklahoma order, CSS collects interest on incoming interstate cases when an
initiating state calculates the interest owed and requests that CSS collect it. • 7 & 10
(k) Outgoing interstate cases. Before requesting a responding state to
enforce a child support order(s) entered in a state other than the responding
state, CSS calculates the arrears including the accrued interest claimed. • 7
(l) Application of payments to interest. CSS applies payments to interest per OAC
(m) Waiver of interest. CSS acknowledges the rights of the custodial person (CP) and noncustodial
parent (NCP) to mutually waive, with approval of the court, all or a portion of
the interest due to the CP.
(1) CSS may negotiate the right to collect all or part of
the interest owed to
(2) Settlements of interest must be memorialized in a court order and
(A) an NCP's lump sum partial payment or a series
of payments; or
(B) an agreement for the NCP to pay:
(i) a specified number of current child support
payments in the future; or
(ii) non-cash support. • 11
closed cases. CSS does not reopen
closed child support cases at the request of a customer for the purpose of
(o) Interest on spousal
support. CSS does not
calculate or collect interest on spousal support.