OKDHS - OAC 340:25-5-133. Current child support follows the child when physical custody changes

340:25-5-133. Current child support follows the child when physical custody changes

Back

|

Next

Revised 7-1-10

(a) When the legal custodian relinquishes physical custody of a child(ren) to another custodial person, Oklahoma Child Support Services (OCSS) of the Oklahoma Department of Human Services (OKDHS) redirects current child support payments to the new custodian under Sections 109.5 of Title 43 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 OCSS of the change. The new custodial person must submit an application for child support services if an application is required per OAC 340:25-5-117.
(2) OCSS 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), OCSS 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 per OAC 340:25-5-117.
(2) OCSS redirects current child support payments to the new custodial person pending receipt of an application if required and establishment of the new support order. OCSS distributes any past support payments already collected prior to the custodial person's death per OAC 340:25-5-140.

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

INSTRUCTIONS TO STAFF 340:25-5-133

Revised 7-1-10

1. (a) Verification. When a person notifies Oklahoma Child Support Services (OCSS) 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 OCSS obtains convincing verification of a change in custody. OCSS 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, 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.

Back

|

Next