1. In all cases, child support staff request that the court set a periodic payment plan to collect past support.
2. (a) Arrears are calculated and added to the case without waiting 30 days when:
(1) there is no address for the noncustodial parent and the custodial person has returned an affidavit of payments;
(2) the noncustodial parent responds and does not dispute arrears; or
(3) both parties respond within 30 days and there is no dispute as to the amount of arrears.
(b) Child support staff file an action to determine arrears when:
(1) both parties respond and there is a dispute as to the arrears amount; and
(2) the noncustodial parent requests credit for non-cash support and the custodial person does not agree. Child support staff file the action without including credit for the non-cash support.
(c) When the noncustodial parent fails to return the affidavit of payments, arrears are calculated and added to the case after 30 days.
(d) When only the noncustodial parent returns the affidavit of payments, child support staff:
(1) contact the custodial person to verify the information provided by the noncustodial parent;
(2) enforce current support only from the date the obligation is built;
(3) file an action to determine arrears; and
(4) review the case for non-cooperation and case closure when appropriate.
(e) When neither party returns the payment affidavits, child support staff do not calculate arrears or add arrears to the case and enforce current support only from the date the obligation is built.
3. Child support staff follow the Guide to the Servicemembers Civil Relief Act (SCRA), available from the Oklahoma Child Support Services (OCSS) InfoNet, for procedure regarding:
(1) waivers of rights and protection under the SCRA;
(2) appearance in court actions;
(3) stays of court; and
(4) default orders.
4. Settlement of past support. Child support staff include in the court order the settlement terms, including any waivers of past support. The district office state's attorney must approve all settlements of past support.
(1) Past support owed to the State of Oklahoma. When there is a settlement of past support owed to the State of Oklahoma, the Unreimbursed Assistance balance is reduced by the amount of the assigned arrears being compromised. This provision does not apply in instances where the custodial person has multiple children on different child support cases.
(2) Past support owed to the custodial person. Child support staff draft the court order with language that states the custodial person makes the waiver knowingly, voluntarily, and without coercion, and with the understanding that the custodial person may not make a claim for the waived child support amounts in the future.