(a) Overpayment recipient. A
custodial person (CP), noncustodial parent, or other entity to whom Oklahoma Department of Human Services (DHS)
Child Support Services (CSS) has made an overpayment is an overpayment
recipient and owes the amount of the overpayment to CSS, acting on behalf of the State of Oklahoma.
(b) Fraud. When an overpayment
resulted in whole or in part from false or misleading statements, concealed
information, willful misrepresentation, or when fraud is otherwise suspected, CSS reports the information to the
DHS Office of Inspector General for appropriate action. Action may include, but is not limited to,
investigation and criminal prosecution. • 1 through 4
(c) Recovery amount.
order to recover child support overpayments, CSS retains 25 percent of monthly current support payments
collected for the recipient and retains the total amount of any arrearage
payments collected at any time until the overpayment is recovered in full. The percent retained can be changed:
the discretion of the CSS
when the CSS Center for Finance and Budget determines the overpayment was a
result of fraud by the CP.
When the CP received his or her full monthly support payment in the same month
as an overpayment, CSS retains
the full amount of any subsequent payments for that month up to the amount of
the overpayment. CSS satisfies any remaining overpayment as set forth in (1) of
(d) Notice. CSS sends a notice of overpayment and
recovery to the recipient of the overpayment.
The notice includes:
statement that the recipient received money to which he or she was not entitled
and owes money to CSS;
the overpayment amount;
the withholding method from monthly payments until the overpayment is recovered
statement that CSS may collect
the overpayment through any means permitted by law; and
instructions for requesting in writing, an administrative review per Oklahoma
Administrative Code (OAC) 340:25-5-200.1 within 30-calendar days after the date
on the notice of overpayment and recovery letter, when the recipient disagrees
with the amount.
(e) Other overpayment
recovery methods. CSS recovers overpayments
including, but not limited to:
state income tax refund intercepts per Section 205.2 of Title 68 of the Oklahoma
Statutes (68 O.S. § 205.2); and
lottery prize claims per 3A O.S. § 724.1.
(f) Temporary Assistance for Needy Families (TANF) customers. In active TANF cases, when a TANF recipient
retains child support receipts, CSS
may make a noncooperation referral to the TANF social services specialist. CSS
recovers overpayments from TANF customers through voluntary payments, state
income tax refund intercepts, and lottery prize claims.
(g) Administrative review and hearing.
When an administrative review is requested per OAC 340:25-5-200.1, the purpose
of the review is to provide the overpayment recipient an opportunity to offer
new or additional information regarding the amount of the overpayment. Upon timely receipt of a written request for
an administrative review, the CSS
office conducts the review within 30-calendar days.
After the administrative review, CSS
issues a notice of administrative review decision and information about
requesting an administrative hearing.
The overpayment recipient may request in writing, a hearing within
20-calendar days after the administrative review decision date.
Upon timely receipt of a written request for an administrative hearing, CSS schedules the matter for an
administrative hearing before the Office of Administrative Hearings: Child Support (OAH). OAH conducts a hearing and enters an order
determining the contested issues.