INSTRUCTIONS TO STAFF 340:25-5-212
Oklahoma Department of Human Services Child Support Services
(CSS) staff follows the Enforcement Child Support Manual, FIDM Chapter, section on Bank Levy Procedure. CSS staff reviews all automated levies before the financial institution copies print to determine if it is an appropriate remedy based on case facts as outlined in the FIDM Chapter.
2. When a noncustodial parent (NCP) is cooperating with the CSS Court Liaison Program (CLP) or a seek-work order per Oklahoma Administrative Code (OAC)
340:25-5-200.3, CSS staff:
(1) pulls an automated levy before the financial institution copy prints;
(2) does not issue a manual levy; and
(3) releases any levy sent to a financial institution.
3. (a) CSS staff does not issue a manual levy against a checking account of an NCP who:
(1) has made voluntary payments of at least 92 percent of the court-ordered payment plan payments due over the last six-full calendar months prior to the date of the levy, unless the district office CSS state's attorney has information that the checking account has significantly more funds in the account than the NCP previously reported to CSS as periodic income; or
(2) is complying with CLP requirements or a seek-work order per OAC
(b) Voluntary payments include payments made directly from the NCP, payments from income withholding, and from unemployment offset. Collections made by CSS intercepting federal or state tax refunds from prior levies, from contempt purge amounts, and workers' compensation lump sum collections are not considered voluntary payments, and are not considered when calculating the percentage of voluntary payments necessary to reach the 92 percent of the court-ordered payment plan amounts paid.
4. When funds are comingled in the account, CSS can levy the funds from sources not listed.
. Release of levy.
(1) District offices must coordinate to ensure a levy is not released in one district office when an NCP has another levy in another district office.
(2) In cases where the NCP is in full and timely compliance with a court-ordered payment plan, but a manual levy is still appropriate for a checking account, district offices do a partial levy release allowing the NCP to retain funds in the checking account in an amount consistent with the withholding limits per
Section 1171.2 of Title 12 of the Oklahoma Statutes.
(3) After approval by the CSS state's attorney, CSS staff documents the reason for the levy release on the Oklahoma Support Information System Case Log Add.
(A) attaches a cover letter and a copy of the levy when sending a release of levy to the financial institution; and
(B) accesses the levy cover letter on the
(5) CSS staff releases levies as requested by the CSS Military and Veterans Coordinator.