(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, 84, 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 under 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.  • 1 & • 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 under 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 according to 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.