(a) Purpose. The purpose of the review process is to
determine whether a child support order should be modified to ensure
substantial compliance with the child support guidelines in Sections118-118I through 119 of Title 43 of the Oklahoma Statutes (43 O.S. §§ 118-118I &
119) and Oklahoma Administrative Code (OAC) 340:25-5-178.
(b) Notification requirements.
At least once every three years after a child support order is
established, reviewed, or modified, Oklahoma Department of Human Services (DHS)
Child Support Services (CSS) notifies all parties in a full-service case of the
right to request a review of the child support order and the process for requesting
(c) Authority for review.
CSS conducts a review every three years in cases with a Temporary
Assistance for Needy Families (TANF) assignment. CSS determines the tribunal with jurisdiction
under subsection (e) of the Full Faith and Credit for Child Support Orders Act,
codified in Section 1738B(e) of Title 28 of the United State Code (28 U.S.C. §
1738B(e)) and the Uniform Interstate Family Support Act (UIFSA) in 43 O.S. §§
601-101 through 601-903 to modify the order. • 1 When another tribunal has jurisdiction to
modify the child support order, CSS follows the provisions in (j) of this
Section. When Oklahoma has jurisdiction
to modify the child support order, CSS follows the provisions of this subsection. CSS completes the review and modification
process within 180-calendar days after a request is received or the
non-requesting party is located, whichever is later.
(d) Initiation of review.
(1) CSS reviews an order upon written
request by a customer or on its own initiative:
(A) when there is a material change in
circumstances per 43 O.S. § 118I;
(B) per 56 O.S. § 237 when the evidence in
the case justifies a modification as per OAC OAC 340:25-5-198.2, regardless of
whether there is a change of circumstances;
or • 2 through 5
(C) per Section 303.8 of Title 45 of the
Code of Federal Regulations and OAC 340:25-5-178(k), when the NCP is
(2) CSS notifies the parties of the review
with instructions for submitting financial and other information required for
(3) CSS does not initiate a review upon
customer request when:
(A) the non-initiating party is not
(B) it has been less than 12 months since
the child support order was established, reviewed, or modified unless there is
a material change of circumstances;
(C) the preliminary information indicates
the change of circumstances will not significantly impact the child support
amount or the change of circumstances is temporary; or
(D) there is evidence the monthly child
support amount or judgment payment is based on a noncustodial parent's (NCP)
ability to pay and the NCP is working in a job consistent with his or her
education and training.
(4) When CSS determines the customer review
request does not meet the provisions in (1) of this subsection, CSS provides
available pro se self-help modification forms to the customer.
(5) CSS does not seek an upward
modification of a child support order or a judgment payment upon request when
an NCP is:
(A) employed full-time in an occupation
consistent with his or her education and training;
(B) ordered to pay more than 20 percent of
his or her gross income; and
(C) is not paying the full court-ordered
monthly child support amount.
(e) Medical enforcement only
(1) When either the custodial person or the
noncustodial parent requests a review, CSS changes the services offered from an
MEO to a full-service case. CSS notifies
the parties of the change in services provided.
(2) When the non-applicant requests the
review, the non-applicant must complete Form 03EN001E, Application for Child
Support Services, per OAC 340:25-5-110.1.
(f) Initial review. Within 15-calendar days after receiving a
request for a review, CSS determines if the criteria described in (d)(1) of
this Section are met. CSS notifies the
requesting person when the criteria for review are not met. If the criteria are met, CSS may:
(1) request further information as
necessary from the parties; or
(2) proceed with the review process when
CSS considers it has information sufficient to complete the process.
(g) Final review. Within
30-calendar days after the deadline for the parties to submit requested
financial and other information to CSS, per (d) of this Section, CSS completes
the review process and notifies parties of its determination as to whether the
support order should be modified. • 4
(h) Modification after review.
CSS staff follows OAC 340:25-5-198.2 to determine if the child support
order is modified after the review process is complete.
(i) Termination of the review
(1) The person requesting a review may
withdraw the request after the review process begins, upon CSS approval. CSS
does not accept requests to withdraw the review after making a determination
that the child support order be modified.
(2) When the requesting person fails to
supply information requested by CSS as instructed, CSS may terminate the review
process, unless CSS or the non-requesting party requests the process continue. • 6
(3) When the review is initiated by CSS,
failure of the parties to return requested information does not stop the review
process. CSS proceeds, using the best
(j) Interstate cases.
(1) When a tribunal other than an Oklahoma
district or administrative court has jurisdiction under UIFSA to modify an
order, CSS obtains the information necessary for the review.
(A) CSS transmits the documents to the
Title IV-D agency in the other state within 20-calendar days after receipt of
the request to modify the order and of the completed documents from the person
requesting the modification. • 7
(B) CSS issues and enforces a subpoena to
compel compliance with the request for documents if the non-requesting party
fails to return the required documents or CSS is unable to obtain the necessary
information to proceed and an Oklahoma tribunal has personal jurisdiction over
the non-requesting party.
(C) CSS may terminate the review process in
an interstate case per (i) of this Section and 43 O.S. §§ 601-611 and 601-615.
(2) When Oklahoma has jurisdiction to
modify the order of another state or foreign country per 43 O.S. § 601-102, the
order is registered in Oklahoma for modification per 28 U.S.C. § 1738B(i) and
43 O.S. §§ 601-609 through 601-616.