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
 
340:25-5-178. Establishment of current child support
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Revised 9-15-14

 

(a) Oklahoma Department of Human Services (DHS) Child Support Services (CSS) establishes current child support per:

(b) CSS uses the child support guidelines in 43 O.S. §§ 118-118I and 119 to:

  • (1) establish the amount of current support; and
  • (2) prepare a child support computation form prescribed by CSS and published by the Administrative Office of the Courts on the Oklahoma State Courts Network website per 43 O.S. § 120.  • 1 through • 6

(c) Per 43 O.S. §§ 118-118I, CSS uses the best evidence available to determine a parent's monthly gross income for the child support computation form, including written earning records, past job history, and earning ability based on education and training, with a continued emphasis on setting child support orders that are fair and equitable.  When requesting the court enter or modify child support orders in a noncustodial parent's (NCP) multiple cases, CSS may request the court deviate from the child support guidelines amounts per 43 O.S. § 118H.  • 7 & • 8

(d) To establish the amount of current support, CSS considers "actual" child care expenses to be the amount paid to the child care provider by the custodial person (CP) except when (e) of this Section applies.  CSS determines the amount of prospective annual child care costs and allocates this amount between the parents in the same proportion as their adjusted gross income.  The amount allocated to the NCP becomes part of the fixed monthly child support obligation.

(e) When the CP is participating in the DHS Child Care Subsidy Program per 56 O.S. § 230.50, CSS uses DHS Appendix C‑4, Page 1, Child Care Eligibility/Rates Schedule, to determine the family share co-payment amount considered as actual child care costs on the child support computation form per 43 O.S. § 118G.

  • (1) CSS considers the NCP's share of the base monthly obligation for child support and the CP's gross monthly income as the CP's monthly income when applying Appendix C-4.  Upon selecting the applicable income level on Appendix C-4, Page 1, CSS uses the corresponding family share co-payment amount based on the number of children in DHS subsidized child care.  CSS allocates the family share co-payment amount indicated on Appendix C-4, Page 1, in the same proportion as base child support.  CSS staff performs a separate child support guidelines calculation for each NCP. • 9
  • (2) If the CP has a child(ren) in DHS subsidized child care other than a child(ren) included in the child support case being established, CSS uses the proportionate share of the family share co-payment for the child(ren) included in the case.

(f) CSS establishes child support orders in deprived court actions per 10A O.S. § 1-4-702 and prepares the child support order on the standard child support order form prescribed by CSS and published by the Administrative Office of the Courts on the Oklahoma State Courts Network website.  • 10

(g) CSS establishes child support orders for a child(ren) for whom child support is imposable under applicable law.  • 11

(h) When the NCP is a minor, CSS establishes paternity per Oklahoma Administrative Code (OAC) 340:25-5-176 when necessary and establishes a child support order.  When a minor NCP or a CP is under 16 years of age, CSS does not impute gross income for the minor parent in the child support computation and only uses actual income.  When a minor NCP or CP is between 16 and 18 years of age and regularly and continuously attending high school, unless it is otherwise inappropriate, CSS uses either the imputed gross income for the minor parent based on minimum wage at 20 hours per week, or actual income.

(i) CSS enforces child support orders for adults with disabilities per 43 O.S. § 112.1A.

(j) CSS establishes or modifies child support orders to continue after the child reaches the age of majority per 43 O.S. § 112.1A when the application or referral for Title IV-D services is received during the period when child support is due per 43 O.S. § 112.

(k) CSS establishes a child support and medical support order on an incarcerated NCP and requests the court order that the child support obligation begins the first day of the month following a lapse of 45 calendar days from release from incarceration.  CSS requests the court reserve the amount of child support for the time period prior to the entry of the court order per OAC 340:25-5-179.1 through the time of incarceration to the date the current child support obligation begins.  • 12

(l) When CSS establishes a child support order for a child of a NCP or a CP who is a servicemember, CSS applies the provisions of the Servicemembers Civil Relief Act, codified in 50A U.S.C. §§ 501 through 596.  • 13

(m) CSS does not impute gross income to a person determined disabled by the Social Security Administration. • 3 & • 5

(n) When a default order for child support has been ordered and either party contacts CSS in writing within 30 calendar days of entry of the default order and provides information to calculate an accurate child support obligation, CSS treats the request as a motion to vacate or modify and requests the court enter a new order consistent with the evidence presented.  • 14 & • 15

 

INSTRUCTIONS TO STAFF 340:25-5-178

 

Revised 9-15-14

 

 

1.   Oklahoma Department of Human Services Child Support Services CSS staff must calculate, per Section 118 of Title 43 of the Oklahoma Statutes (43 O.S. § 118), on the child support computation form, each parent's contribution toward:

(1) the base child support according to the combined adjusted gross income of both parents following the child support guidelines schedule per 43 O.S. § 119;

(2) any actual medical and dental insurance premium; and

(3) any actual employment related child care expenses per 43 O.S. § 118(E)(13) and Oklahoma Administrative Code 340:25-5-178.

2.   When the child(ren) is receiving monthly Social Security (SS) benefits from the noncustodial parent's (NCP) claim, either disability or retirement, the benefit is offset from current child support per 43 O.S. § 118B(G), and the remainder is offset against any cash medical support.

3.   (a) When a parent or minor child is disabled and receiving monthly Supplemental Security Income (SSI), CSS excludes SSI from either parent's gross income per 43 O.S. § 118(E)(2)(b).

(b) When an NCP's Social Security Disability Insurance (SSD) benefit amount or a combination of SSD and SSI benefits does not exceed the maximum monthly SSI benefit amount, CSS staff uses only the SSD amount as income and requests the court deviate from the guidelines to set the current child support at $0.  In support of the deviation, CSS state's attorneys advocate the guidelines amount is unjust or inappropriate under the circumstances, because it treats a similarly situated NCP who receives only SSI benefits differently from an NCP receiving a combination of benefits that equals the SSI amount.

(1) An example of the unjust guideline amount is:

(A) an NCP with some work history receives a total of $710 in monthly Social Security benefits.  This includes $350 SSD and $360 SSI benefits.  Under the guidelines, child support is calculated based on the monthly $350 SSD benefit.  The NCP would be ordered to pay child support because the child is not receiving a SSD benefit at this payment level.

(B) A similarly disabled NCP without work history would receive the full $710 as SSI benefits and not be ordered to pay any child support.  Therefore, CSS state's attorneys request the court to deviate from the guideline computation per 43 O.S. § 118H, due to the guideline amount being unjust and inappropriate under these circumstances.

(2) The maximum monthly SSI benefit amount may be found at SSI Federal Payment Amounts webpage, at: http://www.ssa.gov/oact/cola/SSIamts.html.

4.   (a) When CSS staff verifies an NCP is receiving disability through the Veterans Administration (VA) and the custodial person (CP) is receiving an apportionment of the benefits on behalf of a minor child, CSS requests the court:

(1) consider the apportionment as alternative compliance with the child support order; and

(2) calculate child support in the same manner as when SSD benefits are received on behalf of a minor child per 43 O.S. § 118B(G).

(b) CSS staff requests the court include the apportionment as part of the NCP's income.

(c) When the child support amount is:

(1) greater than the apportionment, CSS requests the court find the apportionment partially satisfied the child support obligation and the NCP pay only the amount in excess of the apportionment; or

(2) equal to, or less than the apportionment, CSS requests the court find the child support obligation is met and no additional child support amount is paid by the NCP.

(d) When the court grants the CSS request, CSS staff memorializes the court's order regarding the offset of the current child support amount by the apportionment.  For example, CSS staff includes the following language in the child support order.  When the child support amount is:

(1) greater than the apportionment:  "The court finds the obligor is satisfying the child support obligation by the apportionment of VA benefits in the amount of $x.xx.  Therefore, the obligor is ordered to pay the remaining amount of $x.xx.  If at any time the apportionment is not in effect, the obligor is responsible for payment of the full, current child support as shown on the guidelines computation attached."; or

(2) equal to, or less than the apportionment:  "The court finds the obligor is satisfying the child support obligation by the apportionment of VA benefits in the amount of $x.xx.  Therefore, the court finds the child support obligation is met in full and no further payment by the obligor is required.  If at any time the apportionment is not in effect, the obligor is responsible for payment of the full, current child support as shown on the guidelines computation attached."

5.   CSS staff consults with their district office CSS state's attorneys for a legal interpretation when the amount of the monthly child support obligation in the body of an order conflicts with the amount in the child support computation form.

6.   CSS staff computes the child support obligation on the basis of actual monthly gross income for an NCP or a CP who is permanently physically or mentally incapacitated per 43 O.S. § 118(E)(4)(c).  The documentation required to determine if the NCP or CP is permanently physically or mentally incapacitated, includes a Social Security Administration award letter or a physician's statement affirming the:

(1) person is unable to do the work they did before and cannot adjust to other work because of a medical condition; and

(2) disability must continue or be expected to continue for at least one year or to result in death.

7.   CSS staff accesses the Guidelines screen (GLS) on the CSS Oklahoma Support Information System.  CSS staff may also use Form 03EN025E, Child Support Computation, and its child support guidelines computation form completion instructions, available on the Oklahoma Department of Human Services (DHS) website at http://www.okdhs.org.

8.   (a) CSS staff reviews information provided by the parents to determine if a parent's earning records or other evidence of income is in accordance with the parent's prior job history.  CSS staff consults with their district office CSS state's attorneys when the information provided by the parent differs significantly from the parent's known job history or earning ability.

(b) CSS applies the following hierarchy, subject to other evidence of a parent's job history or earning ability, when requesting the court determine a parent's monthly gross income.

(1) Written earning record.

(A) When a parent has a written earning record, CSS uses the:

(i) actual monthly gross income; or

(ii) average of the gross monthly income for the time actually employed during the previous three years.

(B) When a parent has a written earning record from an employer, such as a paystub or employer verification of hourly wages, CSS uses that written earning record as the parent's income in the child support computation form.

(C) When a parent has evidence of employment for the last three years, but the parent's wages are inconsistent, CSS uses the average of the last three years income.

(D) When the biological parent is receiving family assistance benefits, CSS uses the total wages listed in the Information Management System, even when it is less than minimum wage.  To determine income for an individual, CSS staff follows the Training Minute:  Determining Individual Income Using IV-A Screens located in the Establishment section of the Education page on the CSS InfoNet.

(2) Earning ability and no pay record.  For time periods when a parent has an earning ability, but no e written pay records, CSS uses the most equitable of the minimum wage paid for a 40-hour work week or an amount of gross income a person with comparable education, training, and experience could reasonably expect to earn using either Oklahoma Wage Report from the Oklahoma Employment Security Commission's website at http://www.oesc.state.ok.us/lmi/publications/publication.asp?publD=12 or Oklahoma State Occupational Employment and Wage Estimates from the United States Department of Labor website available at: www.bls.gov/oes/current/oes/ok.htm.  For example, when:

(A) the parent is purposefully underemployed, CSS uses at least minimum wage in the child support computation forms; or

(B) there is information a parent is a plumber and CSS has no evidence of income, CSS may use the median hourly wage for a plumber in the child support computation form.

(3) Combination of written earning record and no pay record.

(A) When a parent has a written earning record for some months, but no written earning record for other months, CSS may apply both (2) and (3) of this subsection.

(B) For example, a parent may have a written earning record showing earnings of $6,000 in a quarter and no written earning record for the other quarters of the year.  Staff inquires about the parent's earning ability for those quarters without a written earning record and may impute income for those quarters or use actual wages, according to the evidence.

(4) Reduced earning ability.  CSS uses actual income when a parent has reduced earning ability due to the parent's limited education, physical or mental disability, incarceration, or other obstacle to employment, and there is evidence the parent has income of less than minimum wage for 40 hours per week.  For example, when:

(A) a parent works 10 hours a week at $8 an hour, CSS uses actual income of $347.66 per month in the child support computation form;

(B) an incarcerated parent has no assets or income, CSS uses actual income of $0 per month in the child support computation form.  When an NCP is incarcerated for crimes against the CP or child, CSS does not modify the order using $0 for the income; or

(C) a parent has documentation of a disability that prevents him or her from working at least 40 hours a week and is not receiving any disability benefits, CSS uses actual income, even when it is $0 per month, in the child support computation form.

(c) When establishing or modifying a child support order, CSS considers the Compliance Predictor Tool available on the Infonet.  As part of the Healthy Families Initiative, The Compliance Predictor Tool is designed to encourage staff to request the court enter realistic child support orders.  A realistic child support order is 20 percent or less of an NCP's gross monthly income.

9.   When a CP is participating in the DHS Child Care Subsidy Program, CSS staff uses the child support guidelines computation form for child care subsidy cases.

10. (a) CSS staff requests the court establish child support orders for each parent in a deprived court action.

(b) When the parent has lost custody of more than one child and one or more of these children has a different mother or father, CSS staff requests the court deviate from the child support guidelines and set a child support order for the parent who lost custody per (c) of this Instruction.

(c) To determine the former CP's gross monthly income (Line 1 of the child support computation form), CSS staff follows 43 O.S. § 118(E)(4)(a)-(c).

(1) CSS staff calculates the child support obligation by using the former CP's gross monthly income and the average gross income amount of the other parent's in Line 1 of the child support computation form.

(2) To determine the amount to use in Line 1 for the other parent's income, CSS staff averages all of the other parents' gross incomes and divide the total by the number of the other parents.

(d) For example, a mother has three children with three different fathers.  The mother's gross monthly income is $1,000 per month.  Father # 1 earns $1,500 per month, father # 2 earns $1,800 per month, and father # 3 is imputed at minimum wage, or $893 per month.  CSS staff totals the fathers' income ($1,500 + $1,800 + $893) to obtain a total of $4,193.  This amount is divided by three to obtain an average of $1,397.66.  CSS staff calculates the total child support obligation using $1,000 for the mother and $1,397.66 for the father.  The mother's child support obligation would be $299.04 for three children, $254.41 for two children, and $176 for one child.  If there is a prior order against this former custodial parent, a new child support order supersedes that order.

11. The age of majority varies by state.  CSS staff may use the federal Office of Child Support Enforcement (OCSE) Online Intergovernmental Reference Guide (IRG) on the Internet at https://extranet.acf.hhs.gov/irg/welcome.html to obtain information about referrals to other states for establishment of support orders.

12. (a) In an incarcerated NCP's order, CSS staff calculates a sum certain under the child support guidelines for the current child support obligation and requests the court order that amount to begin the first day of the month following a 45 calendar day lapse after the NCP is released from incarceration.

(1) CSS staff updates the obligation on the OSIS Obligation (OBLN) screen as "A" for active or "C" for concurrent.

(2) When CSS staff updates the child page of the CSS automated Oklahoma Support Information System OBLN screen, both the "effective date" and the "from date" are calculated as the expected release date plus 45 calendar days.  To determine the expected release date, CSS staff contacts the incarcerating facility and registers on VINE Link to be notified of the release.

(3) CSS staff registers on VINE Link at www.vinelink.com to be notified of the imminent release or transfer of an incarcerated NCP.  When registering, staff provides the anonymous district office email address as the method of contact.

(b) For example, a child is born January 28, 2003.  CSS files a paternity action April 1, 2008.  The court entered an order on June 1, 2008.  Current support for one child is calculated at $212 per month beginning on the first day of the month following a 45 calendar day lapse after the NCP is released from incarceration.  Judgment for support from April, 2003, forward is reserved.  The NCP is released from incarceration August 1, 2010.  Current support begins October 1, 2010.  CSS may request a judgment for the reserved time period of April, 2003, through September, 2010.

(c) For example, when an incarcerated NCP has an estimated parole date of August 1, 2010, CSS staff includes the October 1, 2010, effective date of current support in the establishment order.

13. CSS staff follows the Guide to the Servicemembers Civil Relief Act (SCRA), available from the CSS InfoNet for procedures regarding:

(1) waivers of rights and protection under SCRA;

(2) appearance in court actions;

(3) stays of court; and

(4) default orders.

14. When a party contacts CSS within 30 calendar days to request reconsideration of a default support order, CSS staff notifies the party that he or she must make the request in writing within 30 calendar days of the entry of the default order.  CSS staff provides the party with CSS pro se self-help motion to vacate.

15. After one party files a written request, CSS sets the case for hearing and notifies the parties by mail under Rule 2 of the Rules for District Courts.  After considering the income information provided, CSS requests the court:

(1) dismiss or deny the motion to vacate and leave the default order in effect; or

(2) enter a new order replacing the default order.

 

Last Updated:  10/6/2014