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340:25-1-1.2. Structure and services

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Revised 7-1-09

(a) Structure.

(1) Under Part A of Subchapter IV of Chapter 7 of Title 42 of the United States Code, every state must designate a single state agency to administer a statewide plan for child support services. The Oklahoma Department of Human Services is the designated agency in Oklahoma. Oklahoma Child Support Services (OCSS) administers the plan.
(2) OCSS provides services through a state office and other offices throughout the state that may be administered through service agreements or contracts with district attorneys and other entities, such as Community Action Program agencies and Native American tribal organizations, to provide legal child support services.
(3) The primary function of OCSS is to provide child support services in all IV-A TANF, IV-E foster care, and non-TANF SoonerCare (Medicaid) cases where eligibility is due to the absence of one or both parents, and in other cases for persons who have applied for services. OCSS also provides these services in cases forwarded by:
- (A) IV-D agencies of other states; and
- (B) Native American tribes and foreign jurisdictions, as appropriate.
(4) OCSS is committed to the right of all parties to have access to the justice system for the purpose of enhancing understanding and ownership of the case. In addition to the child support services provided by OCSS as described in this Chapter, when parties want to be heard on child support issues, regardless of whether the positions of the party are contrary to the state’s position and may be subject to legal defenses, OCSS:
- (A) provides available pro se self-help forms to request a hearing before either the Office of Administrative Hearings: Child Support (OAH) under OAC 340:2‑28‑17.2 or the district court. OAH or the district court determine whether a hearing is granted; and
- (B) refers parties to community resources including, but not limited to:
  - (i) lawyer referral services;
  - (ii) community legal services;
  - (iii) other available self-help legal forms; and
  - (iv) other available informational materials and community resource materials.
(5) OCSS complies with the standards for an effective program and the organization and staffing requirements prescribed by Part 303 of Title 45 of the Code of Federal Regulations. • 1

(b) Services. OCSS services include, but are not limited to:

(1) establishment of paternity, child support obligations, ongoing medical support, and ongoing child care obligations through administrative and court actions;
(2) enforcement of child support, fixed sums and judgments for medical support including birthing costs, health care coverage, fixed ongoing child care costs, judgments for child care costs, and in some instances spousal support obligations; • 1 through • 3
(3) location of noncustodial parents and their assets by establishing intrastate and interstate links with local, state, and federal agencies, private sources, and international central authorities;
(4) review of cases for modification of support orders as appropriate;
(5) collection and distribution of support payments in accordance with state and federal law; and
(6) establishment and maintenance of accounting and other records in accordance with state and federal law.

(1) establishment or modification of spousal support, visitation, or custody; and
(2) establishment of judgment for unreimbursed medical expenses or child care costs that are not included in the fixed monthly child support obligation. • 1

(d) Limited services. OCSS provides limited services only at the request of an initiating interstate IV-D agency or an international central authority under Sections 601‑101 through 901 of Title 43 of the Oklahoma Statutes and Section 303.7 of Title 45 of the Code of Federal Regulations. OCSS provides limited services, when appropriate, even if no individual noncustodial parent or custodial person resides in Oklahoma. • 4

INSTRUCTIONS TO STAFF 340:25-1-1.2

Revised 7-1-09

1. When an intrastate case is opened for review and modification of the child support order, the case is a full-service case.

2. (a) Oklahoma Child Support Services (OCSS) establishes ongoing medical support and enforces ongoing or past-due medical support that is a fixed sum. OCSS does not enforce:

(1) support expressed as the noncustodial parent’s pro rata share of ongoing medical costs; or

(2) non-litigated sums of past-due medical support that represents the noncustodial parent’s pro rata share of medical costs.

(b) OCSS does collect fixed sum judgments using the same enforcement remedies as for a judgment for past-due child support. A fixed sum judgment sets a certain amount that has been ordered by the court as the amount due and owing for those costs for a specific time period.

(c) Medical costs include birthing costs for the mother. OCSS does not establish a judgment for mother’s birthing costs, but does enforce a fixed sum judgment for birthing costs in the same manner as any other judgment.

3. OCSS does not collect ongoing child care costs that are ordered as a pro rata share of an unspecified child care cost.

4. (a) Interstate limited services.

(1) locate;

(2) service of process;

(3) coordination of genetic testing;

(4) automated enforcement of interstate cases;

(5) enforcement of a child support order if the assets of a noncustodial parent may be found in Oklahoma;

(6) modification of a child support order under OAC 340:25-5-198.1;

(7) provision of certified payment records, if Oklahoma once had an enforceable order;

(8) assistance with discovery for court proceedings;

(9) determination of controlling order;

(10) conversion of child support stated in a foreign currency to United States dollars if the conversion is necessary to provide another limited service;

(11) resolution of a contest of the validity or enforcement of an Order/Notice to Withhold Income for Child Support; and

(12) redirection of payments, amendment of an Order/Notice to Withhold Income for Child Support, if necessary, and provision of certified payment records to the IV-D agency in the custodial person's state if no parties reside in Oklahoma and Oklahoma issued the child support order.

(b) When limited services are provided to redirect payments or amend an Order/Notice to Withhold Income for Child Support, child support staff provide copies of the redirection of payments and the amended Order/Notice to Withhold Income for Child Support to the Central Case Registry at P.O. Box 528805, Oklahoma City, OK 73152-8805.

(c) When Oklahoma is requested to provide limited services, OCSS suppresses all non-requested actions.

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