(a) Legal basis. Oklahoma Department of Human Services Child
Support Services (CSS) maintains a financial institution data match reporting
system to identify noncustodial parents' (NCP) assets and issue levies on
accounts of NCPs who are in noncompliance with an order for support. In maintaining the system, CSS follows Part A of Subchapter IV of Chapter 7 of Title 42 of the United States Code, associated
federal regulations, and state statutes.
This Section establishes provisions necessary to implement Sections
666(a)(17) and 669A of Title 42 of the United States Code, Section 307.11 of Title 45 of the Code of
Federal Regulations, and Sections 240.22 through 240.22G of Title 56 of the
Oklahoma Statutes (56 O.S. §§ 240.22-240.22G).
The definitions in 56 O.S. § 240.22A apply to the terms used in this
(b) Financial institutions.
(1) All data supplied to CSS by financial
institutions doing business in Oklahoma must be in accordance with the
Financial Institution Data Match Specifications Handbook published by the
federal Office of Child Support Enforcement.
(2) A financial institution may charge an
account levied on by CSS a fee of $20, per 56 O.S. § 240.22E(E), which is
deducted from the account before the financial institution remits funds to
CSS. If the levied funds are
subsequently refunded by CSS because there is a mistake of identity or the
obligor did not owe three months of child support at the time of the levy, CSS
refunds any fee charged to the appropriate account holder.
(c) Levies. Levies are for the total amount of past-due
support per 56 O.S. § 237.7. Per 56 O.S.
§ 240.22G, CSS automatically issues a levy for each matched account unless the
NCP has made voluntary payments of at least 75 percent of the court-ordered
payment plan payments due over the last three full calendar months prior to the
date of the levy. CSS considers a manual
levy appropriate when there is evidence the NCP has funds subject to levy not
previously considered by CSS in establishing the monthly court-ordered payment
plan. CSS requests the financial
institution not remit funds in an amount less than $50, unless otherwise
ordered by the court. • 1 through 3
(d) Notice of levy and
(1) CSS sends a notice of levy to an NCP
within three calendar days after sending the levy to the financial institution
per 56 O.S. § 240.22G. The notice of
(A) instructions for the NCP or a
non-obligated joint account holder to request an administrative review in
(B) a description of the grounds for
requesting an administrative review;
(C) a description of the review process; and
(D) notice that failure to submit a timely
request for review in writing means the levy is final.
(2) It is the responsibility of the NCP to
notify any joint account holder(s) of the levy.
(3) Either the NCP or a non-obligated joint
account holder may request an administrative review of the levy in writing
after the date on the notice of levy per 56 O.S. § 240.22G.
(4) A non-obligated joint account holder may
request an administrative review in writing when the levied funds are not owned
by the NCP.
(5) Upon receipt of a request for an
administrative review, CSS:
(A) contacts the
requesting party within three business days to:
(i) notify the party the review has begun;
(ii) request further information as necessary;
(B) completes the review as soon as
possible, not to exceed three business days from receiving all necessary
(C) completes the review using the best
information available when the party requesting a review does not provide the
information requested by CSS within five business days of the request.
(6) The purpose of the administrative review
is to quickly resolve any obvious factual errors.
(7) After the administrative review, CSS
issues a notice of administrative review decision and information about
requesting an administrative hearing.
(e) Administrative hearing. Either the NCP or a non-obligated joint
account holder may request a hearing before the Oklahoma Department of Human
Services Office of Administrative Hearings: Child Support (OAH), by the date
specified in the notice of administrative review decision. A request for an OAH hearing must be
submitted in writing to the district office.
(f) Release of funds from levy.
(1) CSS releases funds from levy
when the person requesting review of the levy submits sufficient and credible
evidence at the administrative review that the source of the funds is:
(A) Supplemental Security Income
(SSI) or concurrent SSI and Social Security Disability Insurance (SSDI)
(B) State Supplemental Payments
(SSP) for Aged, Blind and the Disabled;
(C) Temporary Assistance for Needy
Families (TANF) benefits;
(D) child support payments, when
the obligor is the custodial person of a minor child(ren) and is receiving the
payments as required by a court order; or
(E) the property of the
non-obligated account holder.
(2) When the account contains
funds from sources listed in (1) of this subsection as well as funds from other
sources, CSS can levy the funds that are not from a source included in the list
in (1) of this subsection. • 4
(3) Funds from a levy may be
released, in full or in part, at the discretion of the state's attorney. • 1, 4 , & 5