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OKDHS Home > Library > Policy > OAC 340 > Chapter 25. Oklahoma Child Support Services > 5. Operational Policies > 198.1. Review of a child support order
340:25-5-198.1. Review of a child support order
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Revised 7-1-11

 

(a) Purpose.  The purpose of the review process is to determine whether a child support order should be modified to ensure substantial compliance with the child support guidelines in Section 118 through 119 of Title 43 of the Oklahoma Statutes and OAC 340:25-5-178.

(b) Notification requirements.  At least once every three years after a child support order is established, reviewed, or modified, Oklahoma Child Support Services (OCSS) notifies all parties in a full-service case of the right to request a review of the child support order and the process for requesting a review.

(c) Authority for review.  OCSS conducts a review every three years in cases with a Temporary Assistance for Needy Families (TANF) assignment.  OCSS determines the tribunal with jurisdiction under subsection (e) of the Full Faith and Credit for Child Support Orders Act (FCCSOA), codified in Section 1738B (e) of Title 28 of the United State Code and the Uniform Interstate Family Support Act (UIFSA) in Sections 601-101 through 601-901 of Title 43 of the Oklahoma Statutes to modify the order.  • 1  If another tribunal has jurisdiction to modify the child support order, OCSS follows the provisions in (j) of this Section.  If Oklahoma has jurisdiction to modify the child support order, OCSS follows the provisions of this subsection.  OCSS completes the review and modification process within 180 days after a request is received or the non-requesting party is located, whichever is later.

(d) Initiation of review.

  • (1) OCSS reviews an order upon written request by a customer or on its own initiative when the non-initiating party is located and there has been a material change in circumstances per Section 118I of Title 43 of the Oklahoma Statutes.  OCSS notifies the parties of the review with instructions for submitting financial and other information required for the review.  OCSS does not initiate a review upon customer request when:
    • (A) it has been less than 12 months since the child support order was established, reviewed, or modified; and
    • (B) the preliminary information indicates the change of circumstances will not significantly impact the child support amount or the change of circumstances is temporary.  • 2, • 3, • 4, and • 5
  • (2) When OCSS determines the customer review request does not meet the provisions in paragraph (1) of this subsection, OCSS provides available pro se self-help modification forms to the customer.

(e) Medical enforcement only (MEO) cases.

  • (1) When either the custodial person or the noncustodial parent requests a review, OCSS changes the services offered from an MEO to a full-service case.  OCSS notifies the parties of the change in services provided.
  • (2) When the noncustodial parent requests the review, the noncustodial parent must complete Form 03EN001E, Application for Child Support Services, per OAC 340:25-5-110.1.

(f) Initial review.  Within 15 days after receiving a request for a review, OCSS determines if the criteria described in paragraph (1) of subsection (d) of this Section are met.  OCSS notifies the requesting person if the criteria for review are not met.  If the criteria are met, OCSS may:

  • (1) request further information as necessary from the parties; or
  • (2) proceed with the review process when OCSS considers it has information sufficient to complete the process.

(g) Final review.  Within 30 days after the deadline for the parties to submit requested financial and other information to OCSS under (d)(1) of this Section, OCSS completes the review process and notifies parties of its determination as to whether the support order should be modified.  • 4

(h) Modification after review.  OCSS staff follow OAC 340:25-5-198.2 to determine if the child support order is modified after the review process is complete.

(i) Termination of the review process.

  • (1) The person requesting a review may withdraw the request after the review process begins, upon approval by OCSS.  OCSS does not accept requests to withdraw the review after making a determination that the child support order be modified.
  • (2) If the requesting person fails to supply information requested by OCSS as instructed, OCSS may terminate the review process, unless OCSS or the non‑requesting party requests the process continue.  • 6
  • (3) When the review is initiated by OCSS, failure of the parties to return requested information does not stop the review process.  OCSS proceeds, using the best information available.

(j) Interstate cases.

  • (1) When a tribunal other than an Oklahoma district or administrative court has jurisdiction under UIFSA to modify an order, OCSS obtains the information necessary for the review.
    • (A) OCSS transmits the documents to the IV-D agency in the other state within 20 days after receipt of the request to modify the order and of the completed documents from the person requesting the modification.  • 7
    • (B) OCSS issues and enforces a subpoena to compel compliance with the request for documents if the non-requesting party fails to return the required documents or OCSS is unable to obtain the necessary information to proceed and an Oklahoma tribunal has personal jurisdiction over the non-requesting party.
    • (C) OCSS may terminate the review process in an interstate case as provided in subsection (g) per Sections 601-611 and 601-613 of Title 43 of the Oklahoma Statutes.
  • (2) If Oklahoma has jurisdiction to modify the order of another state, Native American tribe, territory, or foreign country as defined by subsection (b) of FCCSOA, codified in Section 1738B (b) of Title 28 of the United States Code, the order is registered in Oklahoma for modification per Section 1738B(i) and Sections 601-609 through 601-613 of Title 43 of the Oklahoma Statutes.

INSTRUCTIONS TO STAFF 340:25-5-198.1

 

Revised 7-1-11

 

1.  Controlling order.

(1) When Oklahoma is the only state that has entered a child support order, and both parents reside in Oklahoma, the modification occurs in Oklahoma.

(2) Oklahoma Child Support Services (OCSS) determines the controlling order and the proper forum state for a modification proceeding when:

(A) an order was entered outside Oklahoma; or

(B) one or both parents reside outside Oklahoma.

(3) To assist in determining the controlling order and the state of continuing exclusive jurisdiction, child support staff use the Worksheet to Determine Controlling Order and the Modification Worksheet on the OCSS InfoNet.

(4) Child support staff may seek modification of the controlling order in an Oklahoma tribunal, even if another state or tribunal has jurisdiction to modify the order, when:

(A) an individual party or the child resides in Oklahoma;

(B) the custodial person and noncustodial parent sign a written consent to jurisdiction; and

(C) child support staff file a copy of the signed consent to jurisdiction with the Oklahoma and issuing tribunals.

2.   When calculating the 12-month time period for initiating a review, OCSS uses the date the order was entered to compute time periods.  If an order is not entered after the review or modification process, OCSS uses the completion date of the review to compute time periods.  The 12-month time period does not apply when a military reservist custodial person or noncustodial parent is called to active duty, per the Servicemembers Civil Relief Act, codified in Sections 501 through 596 of Title 50A of the United States Code.  For information regarding military reservists called to active duty, refer to the federal Office of Child Support Enforcement (OCSE) Information Memorandum IM-01-09, available from the OCSE Web site at http://www.acf.dhhs.gov/programs/cse/pol/IM/2001/im-01-09.htm.

3.   A material change of circumstances may include, but is not limited to:

(1) a change in residence or custody of one or more of the children listed in the child support order;

(2) a change of either parent's gross income;

(3) either parent is receiving Social Security Administration disability benefits;

(4) a child reaching the age of majority per Section 112 of Title 43 of the Oklahoma Statutes;

(5) changes in child care expenses; or

(6) changes in court-ordered medical support, including:

(A) the cost of health insurance;

(B) cash medical support is no longer appropriate because health insurance is being provided for the child(ren);

(C) health insurance is no longer available for the child(ren);

(D) health insurance is not accessible; or

(E) health insurance is not reasonable in cost.

4.   Review of child support order.

(1) Examples of cases where OCSS may initiate a review of the child support order include but are not limited to, when:

(A) a case includes a child(ren) receiving Oklahoma Department of Human Services child care subsidy benefits and the child support computation does not include any contribution toward child care expenses;

(B) a case does not include a medical support order, or the cost or availability of medical support has changed;

(C) the joint custody order does not include a child support order;

(D) the child support guidelines were not followed;

(E) child support staff have information from the custodial person that the noncustodial parent is not exercising the number of ordered overnights under Section 118E of Title 43 of the Oklahoma Statutes;

(F) a parent has a significant change in income, such as involuntary job loss or disability; or

(G) either parent becomes the recipient of Supplemental Security Income or Social Security Disability benefits.

(2) When a noncustodial parent notifies OCSS that he or she now has physical custody of the child(ren), child support staff follow the procedures in OAC 340:25-5-201.1 for verification of this information.

(3) When child support staff have verified a change of custody of the child(ren), OCSS initiates a review of the child support order.  Child support staff do not initiate a review of the child support order if:

(A) there is any indication of parental kidnapping or involuntary relinquishment of custody; or

(B) the noncustodial parent is unable to provide convincing verification of a change in custody

5.   Examples of a temporary change of circumstances include, but are not limited to:

(1) a pattern of frequent changes in physical custody of the child(ren); and

(2) a pattern or history of frequent job changes by the parent requesting the review.

6.   If OCSS terminates a review because a party fails to provide information requested by OCSS, OCSS does not consider the review completed.  When a review is terminated and a party subsequently requests a review, child support staff review the last order or completed review date to determine when it has been 12 months since the support order was reviewed at the request of a party.

7.   Child support staff use the Paperwork Checklist for Interstate Actions in the Interstate Actions Made Easy guide located on the OCSS InfoNet to determine which forms to send to a responding state to request a modification.  Prior to transmitting documents to a responding state, OCSS calculates past child support, including interest; obtains certified copies of orders and requires parties to complete any necessary documents.  OCSS uses the documents in interstate cases prescribed by the federal Office of Child Support Enforcement (OCSE) Action Transmittals AT-05-03, AT-05-04 and AT-05-05, available from the OCSE Web site at http://www.acf.hhs.gov/programs/cse/pol/AT/2005/at-05-03.htm, http://www.acf.hhs.gov/programs/cse/pol/AT/2005/at-05-04.htm,, http://www.acf.hhs.gov/programs/cse/pol/AT/2005/at-05-05.htm..
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Last Updated:  6/30/2011
Oklahoma Department of Human Services
Street address: Sequoyah Memorial Office Building, 2400 N. Lincoln Blvd., Oklahoma City, OK 73105
Mailing address: P.O. Box 25352, Oklahoma City, OK 73125
(405) 521-3646
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