INSTRUCTIONS TO STAFF 340:25-5-140.1
Orders for support for a prior period are obtained in paternity and notice of support debt cases, per Oklahoma Administrative Code (OAC)
Support for a prior period is defined, per OAC
Oklahoma Department of Human Services, Child Support Services (CSS) staff attempts to calculate interest from the accrual date in the original child support obligation, unless interest was calculated and included in a judgment provision in a subsequent order.
CSS staff uses Form
03EN002E, Affidavit of Child Support Payments Received, to obtain child support payment information from a custodial person (CP).
(1) When CSS staff does not have information on how a judgment was determined or on the amount of past-due child support accrued prior to when CSS opened the child support case, CSS staff mails the Interest Disclosure Notice document, available on the CSS InfoNet
Library page, to the CP to gather information and determine the calculation period.
(2) When the CP fails to supply the information within two weeks or the information is not available, CSS staff updates the automated Oklahoma Support Information System (OSIS) with interest balances that have accrued on child support arrearages from the date adequate payment documentation exists.
CSS staff includes the amount and time period of the interest accrued on the child support judgment in the child support order.
(a) Example 1:
Noncustodial parent (NCP) is ordered to pay $150 per month in current child support effective February 1.
NCP pays $0 in February and $0 in March.
NCP's child support arrears are not in excess of one month's current support until the March payment is missed.
Therefore, interest accrues beginning April 1.
(b) Example 2:
NCP is ordered to pay $150 per month in current child support effective February 1.
NCP pays $75 in February and $75 in March.
At the end of March, NCP's child support arrears are not in excess of one month's current support.
Therefore, no interest accrues as of April 1.
If the NCP does not pay the full child support amount in April, interest will accrue beginning May 1.
Any arrearage incurred after the date the servicemember is called to active military service accrues interest at the statutory rate.
CSS challenges the six percent interest rate when the servicemember is earning as much income in the military service as in non-military service.
When using the one-state process to enforce an order established in another state, it is the responsibility of CSS staff to calculate interest using the interest rate of the state that established the order, also known as the issuing state.
(a) When there is no initiating state, CSS staff calculates the interest due on all existing child support orders in an action to enforce those arrears, even when the order was entered in another state.
(b) To determine the current applicable interest rate for orders from other states, CSS staff looks in the Support Details section of the Intergovernmental Reference Guide (IRG) on the Office of Child Support Enforcement (OCSE) website.
(c) CSS staff consults with the district office CSS
attorney to determine if the interest rate changed during the period when the arrears accrued.
CSS requests an Oklahoma court determine the accrued principal and interest and registers the order with the responding state for enforcement, when:
(1) Oklahoma asks another state to enforce arrears due under an Oklahoma child support order; and
(2) service of process is obtained on all parties.
If the settlement or waiver is silent or ambiguous as to interest,
staff consults the
attorney for the steps to determine the intent of the parties as to settlement or waiver of principal and interest arrearage balances.
This includes contacting the parties to determine their intent, memorializing the agreement, and may include filing an action to determine the total principal and interest arrearage amount.
When using the two-state process in interstate cases, per Section 601-604 of Title 43 of the Oklahoma Statutes, it is the initiating state's responsibility to calculate whether the NCP paid all current support, arrears, and interest under the law of the state that issued the order.
Waiver of interest.
(1) CSS staff uses the legal settlement document on OSIS, Custodial Person's Waiver of Interest in Conjunction with a Settlement.
(2) CSS staff includes the settlement terms of the waiver of interest in the court order.
The district office CSS
attorney must approve all interest settlements owed to Oklahoma.