(a) Legal basis.
When referring and processing intergovernmental Title IV-D cases,
Oklahoma Department of Human Services Child Support Services (CSS) is governed
by: • 1
(1) Section 1738B of Title 28 of the
United States Code (28 U.S.C. § 1738B) and 42 U.S.C. §§ 654, 659A, and 666;
(2) Sections 302.36 and 303.7 of Title
45 of the Code of Federal Regulations (45 C.F.R. §§ 302.36 and 303.7); and
(3) the Uniform Interstate Family
Support Act per Sections 601-101 through 601-903 of Title 43 of the Oklahoma
Statutes (43 O.S. §§ 601-101 through 601-903) and 56 O.S. § 240.9.
(b) Definition. For purposes of this Section, forum state
means the state in which the hearing is held or the responding court proceeding
is filed to establish or enforce a support order.
central registry. CSS
operates an intergovernmental central registry per 45 C.F.R. §§ 302.36 and 303.7.
CSS uses forms issued by the Secretary of the United States Department
of Health and Human Services per 42 U.S.C. § 652 as applicable for processing
intergovernmental cases. • 2
(e) Communication. When:
(1) Oklahoma is the initiating state,
CSS obtains information from the other Title IV-D agency and communicates with
the custodial person in Oklahoma.
(2) Oklahoma is the responding state,
CSS communicates to the initiating state with which CSS has established a
case. • 3
(3) CSS receives written communication
from a party or a party's attorney, CSS sends copies to the appropriate agency
or person within two-business days of receipt per 43 O.S. § 601-307.
(f) Family violence and nondisclosure. When Oklahoma is the initiating state and a
party claims family violence, CSS does not release the physical address of the
party without a court order. CSS:
(1) enters the address of record, when
designated, or the district office's address instead of the physical address of
the party requesting nondisclosure on the Child Support Enforcement Transmittal
# 1, Initial Request, and on the General Testimony, when applicable;
(2) does not file the interstate
transmittal forms with the tribunal;
(3) does not release a copy of the
interstate transmittal form to the other party per Oklahoma Administrative Code
(OAC) 340:25-5-67; and
(4) seeks an order from the appropriate
tribunal regarding release of the information when the initiating state,
responding state, or a party requests release of specific identifying
information per 43 O.S. § 601-312. • 4
(g) Services provided. Except
as provided in (1) through (4) of this subsection, CSS processes intergovernmental cases in the same manner as intrastate cases,
per OAC 340:25-1-1.2.
one of the parties is a nonresident of the forum state, CSS arranges for telephonic testimony at the
request of the nonresident party or a Title IV-D agency, and requests the court
to admit evidence per 43 O.S. §
601-316. • 5
One-state processing. In
the absence of an order to establish paternity or support, CSS uses a one-state process to establish an order
if personal and subject matter jurisdiction may be exercised over a nonresident
party per 45 C.F.R. § 303.7 and
43 O.S. § 601-201.
Determination of controlling
order. When there are multiple orders for current support for the same child, CSS
seeks a determination of controlling
order (DCO) or a new order from the appropriate tribunal per 43 O.S. § 601-207 and 43 O.S. §§ 601-602
(A) When making the arrears calculation
for the DCO proceeding, CSS applies the law of the respective issuing states in
determining the arrears under each order.
(B) Once the court issues a DCO, CSS
applies the law of the controlling order state to the consolidated arrears,
even when the support orders of other states contributed a portion to those
arrears. • 6
(4) Redirection of payments. Per 43 O.S. §§ 601-307 and 601-319:
(A) CSS issues a notice to redirect
payments to the Title IV-D agency in the state in which the custodial person
resides and issues an Order/Notice to Withhold Income for Child Support to
implement the order when:
(i) Oklahoma is the state that issued
the child support or income assignment order;
(ii) neither the noncustodial parent,
custodial person, or any child lives in Oklahoma; and
(iii) CSS or another Title IV-D agency
makes the request. • 7
(B) CSS issues a notice to redirect
payments to the Title IV-D agency in the state of residence of the custodial
(i) a child support or income
assignment order was issued;
(ii) neither the noncustodial parent,
custodial person, or any child lives in the issuing state; and
(iii) Oklahoma provides child support
services. • 7
(C) CSS furnishes a certified record of
payments to a requesting party or tribunal when CSS receives redirected
payments per 43 O.S. § 601-319.
(h) Determination of arrears. When
Oklahoma has personal and subject matter jurisdiction and can obtain service of
process on the noncustodial parent, CSS uses the annual notice, notice of
support debt, contempt, or other appropriate proceedings to determine past
support and interest before requesting a tribunal of another state to enforce.
(i) Choice of law.
The applicable law for determination of duration of support and other
choice of law issues is controlled by subsection (h) of the Full Faith and
Credit for Child Support Orders Act, per 28 U.S.C. § 1738B(h) and 43 O.S. §§
601-604 through 601-616. The law of the
initial controlling order state governs the duration of support even after the
order is modified by another state.
(j) Genetic testing. When genetic testing is required in
intergovernmental cases, the responding state is responsible for paying the
cost of testing per 45 C.F.R. § 303.7 and OAC 340:25-5-176.