(a) Purpose. The rules in this Part:
(1) establish Oklahoma Department of Human Services Child Support Services (CSS) policies and procedures used to recover CSS overpayments to custodial persons (CPs), noncustodial parents (NCPs), and other entities; and
(2) resolve payment disputes arising from overpayments.
(b) Overpayment categories.
(1) Retained support occurs when the CP kept support payment(s) in violation of the assignment of support rights.
(2) Erroneous payment occurs when CSS incorrectly paid money to a CP, NCP, or other entity, or failed to retain money assigned to Oklahoma because of an administrative error.
(3) Bad debt occurs when:
(A) the funding for a payment made by CSS to a CP or NCP is subsequently withdrawn when a tax intercept or other collection is revoked;
(B) a check or other payment instrument received by CSS from an NCP or other payor on behalf of the NCP is dishonored after a payment was made to the CP; or
(C) CSS issues a payment to a CP based on an incorrect arrearage balance or an incorrect allocation of a payment.
(c) Authority. When recovering overpayments under this Part, CSS is governed by Title IV,Part A of Subchapter IV of Chapter 7 of Title 42; Section 109.5 of Title 43 of the Oklahoma Statutes (43 O.S. § 109.5); and 56 O.S. §§ 171, 185, and 231 through 244.
(d) Recovery. CSS may use any legal remedy to recover overpayments, including, but not limited to, state tax offsets per OAC 340:25-5, Part 27.
(1) CSS is not responsible for creating or recovering overpayments for:
(2) CSS does not charge, collect, or pay interest on overpayments.