(a) Oklahoma Department of Human Services Child Support Services (CSS) establishes support for a prior period.
(1) When paternity is being established by court order or when paternity has been previously established by a signed Form 03PA209E, Acknowledgment of Paternity, CSS establishes current support and support for a prior period at the same time per Sections 83
of Title 10 (10 O.S. §§ 83 and 7700-636), 43 O.S. §§ 118
, and 56 O.S. § 238.6B
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(2) When a child(ren) is born during a marriage and no order addressing support for a prior period exists, CSS establishes support for a prior period per 43 O.S. §§ 118
and 56 O.S. § 238.1
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(A) CSS establishes support for a prior period under this subsection only when:
(i) current child support is sought; and
(ii) Temporary Assistance for Needy Families (TANF) or Title IV-E and non-Title IV-E eligible foster care has been expended in any month during the past two years.
(B) CSS may issue a Notice of Support Debt or file a district court action to establish support for a prior period. CSS limits this prior period to the number of months on TANF or Title IV-E and non-Title IV-E eligible foster care during the two years immediately before the date CSS issues the Notice of Support Debt, or files the district court action.
(b) When a child support order is entered against a minor noncustodial parent (NCP), CSS establishes support for a prior period under the criteria for establishing current child support per Oklahoma Administrative Code (OAC) 340:25-5-178.
(c) CSS does not establish an order for support for a prior period on an incarcerated NCP. CSS requests the court reserve the amount of child support for the period prior to the entry of the court order through the time of incarceration to the date the current child support obligation begins per OAC 340:25-5-178.
(d) When CSS establishes an order for support for a prior period for a child of a NCP or a custodial person who is a servicemember, CSS applies the provisions of the Servicemembers Civil Relief Act, codified in Sections 501 through 596 of Title 50A of the United States Code. • 3
(e) When the NCP is a current TANF or Supplemental Security Income (SSI) recipient and CSS:
(1) has information that the NCP had no obligation based on the child support guidelines for the prior period, CSS requests the court set the judgment at $0; or
(2) determines a debt may be owed for a prior period, CSS requests the court reserve the issue of support for a prior period until the NCP is no longer receiving TANF or SSI.
(f) CSS sets a monthly payment schedule per OAC 340:25-5-140.