Oklahoma Department of Human Services
Sequoyah Memorial Office Building, 2400 N. Lincoln Blvd. • Oklahoma City, OK 73105
(405) 521-3646 • Fax (405) 521-6684 • Internet: www.okdhs.org
340:25-5-133. Current child support follows the child when physical custody changes
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Revised 7-1-06


(a) When the legal custodian relinquishes physical custody of a child(ren) to another custodial person, the Child Support Enforcement Division (CSED) of the Oklahoma Department of Human Services (OKDHS) redirects current child support payments to the new custodian under Sections 7202.3 of Title 10 and 237 of Title 56 of the Oklahoma Statutes.   • 1

  • (1) A custodial person who relinquishes physical custody of a child(ren) to another custodian must notify CSED of the change.  The new custodial person must submit an application for child support services if an application is required under OAC 340:25-5-117.
  • (2) CSED remits current child support payments to the new custodial person.  Transfer of child support payments occurs with the first payment received in the month after a change in physical custody takes place.

(b) When the legal custodian of a child(ren) dies and another custodial person, who is not the obligor, assumes custody of the child(ren), CSED establishes a new support order with the new custodian as the obligee.

  • (1) The new custodial person must submit an application for child support services if an application is required under OAC 340:25-5-117.  
  • (2) CSED redirects current child support payments to the new custodial person pending receipt of an application if required and establishment of the new support order.  CSED distributes any past support payments already collected prior to the custodial person's death according to OAC 340:25-5-140.

(c) When a new custodial person assumes custody of a child(ren), CSED directs past-due support payments as described under OAC 340:25-5-140.

INSTRUCTIONS TO STAFF 340:25-5-133

 

Revised 7-1-08

 

1.   (a) Verification.  When a person notifies the Child Support Enforcement Division (CSED) that he or she now has physical custody of a child(ren) who is the subject(s) of a support order, child support staff attempt to confirm this with the custodial person of record.

(1) If the custodial person of record is not available to confirm a change in custody, child support staff attempt to verify the change by requesting verification, such as school records or affidavits, from the new custodian.  (2) Child support staff document a change in physical custody and designate a new custodial person of record only after CSED obtains convincing verification of a change in custody.  CSED does not change the custodial person of record if there is any indication of kidnapping.

(b) Form 04KI025E.  When a child is in the custody of the Oklahoma Department of Human Services (OKDHS) and in out-of-home care, child support staff confirm any change of placement of a child by reviewing a copy of Form 04KI025E, Change in Placement Notification for Child's Attorney, provided by the Child Welfare worker, unless the child moves from one paid placement to another paid placement.  Form 04KI025E, required under OAC 340:75-6-86, documents the placement and lists the name and address of the new placement provider.  Change of placement involves reunification with a parent or change in caretaker or treatment facility.

(c) Change of placement on the automated Oklahoma Support Information System (OSIS).  If the placement changes from:

(1) paid to unpaid, child support staff set up the new caretaker as another custodial person on that Family Group Number, build a separate child support obligation, and set up a private case type (M) in order to issue child support payments to the caretaker; or

(2) unpaid to paid, the child support payments are retained once the case type is changed to foster care or Temporary Assistance for Needy Families (TANF) reimbursement.