(a) Authority for modification. Oklahoma Child Support Services (OCSS) may initiate modification of a child support order per Sections 112, 118, 118.1, 601-611, 601-613, and 601-615  of Title 43 of the Oklahoma Statutes in the appropriate tribunal when facts indicate modification is warranted under applicable state or federal law or regulation.

(b) Modification of child support order.  OCSS seeks a modification when the existing support order is not in compliance with the child support guidelines because:

• (1) a component of or the new current child support amount is 20 percent higher or lower than the existing order;
• (2) there is a change in physical custody verified per OAC 340:25-5-201.1;
• (3) the original order fails to set child support according to the guidelines; or
• (4) one of the parents is determined disabled by the Social Security Administration and the parent is receiving Supplemental Security Income or Social Security Disability Income.

(c) Modification of medical support order.

• (1) OCSS seeks a modification of an order for medical support when:
• (A) there is no existing order for either parent to provide dependent health care coverage.  OCSS initiates a modification of a support order to require either or both parents to provide dependent health care coverage when OCSS obtains information that the child(ren) is not covered under an existing health care plan other than SoonerCare (Medicaid), regardless of whether the coverage is currently available to either parent;
• (B) the availability of medical insurance changes;
• (C) there is an order for the custodial person to provide medical support for the minor child(ren) and enforcement of the order is not appropriate per Section 139.1 of Title 43 or Section 566 of Title 21 of the Oklahoma Statutes;
• (D) an order for the noncustodial parent to provide medical insurance and the release of information necessary for enrollment of the child is inappropriate due to family violence and a cash medical order is appropriate per OAC 340:25-5-198; or
• (E) there is an order for a parent to provide medical insurance, the applicant for child support services has not requested services against that parent, and the ordered parent is not actually providing medical insurance for the child.  • 1
• (2) When OCSS participates in the modification of a child support order filed by a party, OCSS requests that the court order contain a provision for medical support consistent per OAC 340:25-5-168.
• (3) When a child support order exists, OCSS considers a request to establish a medical support order as a request for modification of the order per Section 118.1 of Title 43 of the Oklahoma Statutes.  OCSS seeks a medical support order in a tribunal that has jurisdiction to modify the child support order and follows procedures per OAC 340:25‑5‑198.1.
• (4) When cash medical support is ordered as part of a modification action, OCSS requests that a cash medical support order be effective the first day of the month following the date the modification order is entered.