OKDHS - OAC 340:25-5-140. Past support

340:25-5-140. Past support

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Revised 7-1-10

(a) Authority. Oklahoma Child Support Services (OCSS) takes appropriate action to collect support and secure compliance with support orders. • 1

(1) When a support order does not specify an effective date, a payment is due on the first day of the month following the entry of the child support order, and on the first day of each month thereafter except when another state's law governs the due date.
(2) OCSS bases its determination of past-due support and support for a prior period on information in available records from courts, IV-D and other public and private agencies, custodial persons, noncustodial parents, and others.
(3) OCSS may require sworn written statements and supporting documents from custodial persons, noncustodial parents, and others pertaining to support payments. The primary legal foundations for determination and collection of past-due support and support for a prior period are applicable provisions of:
- (A) Part D of Subchapter IV of Chapter 7 of Title 42 of the United States Code;
- (B) Section 1738B of Title 28 of the United States Code;
- (C) Chapters 302 and 303 of Title 45 of the Code of Federal Regulations; and
- (D) Sections 83, and 7700-636 of Title 10, Chapters 3 and 21 of Title 12, Title 43, and Sections 231 through 240.23 of Title 56 of the Oklahoma Statutes.

(b) Enforcement.

(1) OCSS takes action to enforce past-due support and support for a prior period under OAC 340:25-5, Part 23.
(2) When a case new to OCSS per OAC 340:25-5-117 has an existing order, OCSS does not calculate a past-due support balance or take action to enforce past-due support until 30 days from the date of mailing of the notice of case letter and affidavit of payments document to the noncustodial parent. This does not preclude the initiation of an income assignment to collect current support.
(3) Past-due child support remains due to the custodial person with whom a child resided during the month the past support was due.
(4) When OCSS takes action to enforce past-due support and support for a prior period for a child of a noncustodial parent or a custodial person who is a servicemember, OCSS applies the provisions of the Servicemembers Civil Relief Act, codified in Sections 501 through 596 of Title 50A of the United States Code. • 2 & • 3

(c) Settlement of past support.

(1) Settlements of past support may include:
- (A) a noncustodial parent's lump sum partial payment or a series of payments made toward the total amount of past support;
- (B) an agreement for the noncustodial parent to pay a specified number of current child support payments in the future; and
- (C) acceptance of in-kind goods or services in exchange for waiving a certain amount of past child support.
(2) Settlements of past support must be memorialized in a court order and the custodial person must sign the court order when the past support is owed to the custodial person. • 4
(3) In accordance with Section 112 of Title 43 of the Oklahoma Statutes, OCSS:
- (A) acknowledges the rights of the custodial person and noncustodial parent to mutually agree to waive, with approval of the court, all or a portion of the past child support due to the custodial person; or
- (B) may negotiate the right to collect all or part of past support owed to the State of Oklahoma. • 4

(d) Annual notice. OCSS uses the annual notice to the noncustodial parent per Section 237A of Title 56 of the Oklahoma Statutes to confirm the amount of past-due support and remaining balances on previously confirmed judgments. Past-due support and remaining balances on judgments for support for a prior period may also be confirmed during other enforcement actions as provided in OAC 340:25-5, Part 23.

(e) Death of custodial person. If the custodial person dies and no past support is owed to any state, OCSS refunds child support payments to the decedent's estate when notified in writing by the administrator of the estate. OCSS does not file a forced probate court action to determine heirs and distribute past support to heirs. When:

(1) OCSS does not receive notice from the administrator of the estate within six months of the custodial person's death, OCSS refunds child support payments to the payor.
(2) the payor's address is unknown, or payments are returned due to the inability to distribute, support payments are returned to the noncustodial parent.
(3) past support is owed to any state, OCSS distributes the payments per OAC 340:25-5-351.

(f) Jurisdiction. When an Oklahoma tribunal has personal and subject matter jurisdiction and can obtain service of process on the noncustodial parent, OCSS uses the annual notice, notice of support debt, contempt, or other appropriate proceedings to determine past support and interest before requesting a tribunal of another state to enforce the child support orders.

INSTRUCTIONS TO STAFF 340:25-5-140

Revised 7-1-11

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.

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