OKDHS - OAC 340:25-5-200. Scope and applicability

340:25-5-200. Scope and applicability

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Revised 7-1-12

(a) Enforcement. The Oklahoma Department of Human Services Oklahoma Child Support Services (OCSS) follows Part D of Subchapter IV of Chapter 7 of Title 42 and Section 1738B of Title 28 of the United States Code, Section 303.6 of Title 45 of the Code of Federal Regulations, and Section 240.1 of Title 56 of the Oklahoma Statutes in initiating enforcement proceedings.

(1) Orders for current and past child and spousal support, health care coverage, fixed amounts of medical support, judgments, and delinquencies may be enforced through expedited and judicial processes, or through other collection efforts. • 1
(2) Past-due child support is a judgment by operation of law and may be enforced in the same manner as any other money judgment. [43 O.S. § 137]
(3) Post-judgment remedies do not require an adjudicated judgment by a district or administrative court.
(4) Each missed support payment is a judgment; thus, a judgment increases with each missed payment. This total judgment becomes a lien on the real and personal property of the noncustodial parent.

(b) Non-Oklahoma support order. OCSS registers a support order from another state, Native American tribe, territory, or foreign country, as defined by subsection (b) of the Full Faith and Credit for Child Support Orders Act codified in Section 1738B(b) of Title 28 of the United States Code and Section 601-101(21) of Title 43 of the Oklahoma Statutes when enforcement of the order is sought.

(c) Multiple support orders. When multiple child support orders have been entered in the same or different tribunals involving the same noncustodial parent and child, OCSS seeks a determination of controlling order under Sections 601-207, 601-307, and 601‑601 through 601-603 of Title 43 of the Oklahoma Statutes and OAC 340:25-5-270.

(d) Legal remedies. OCSS determines appropriate enforcement actions and may use any legal remedy to enforce support obligations. • 1 OCSS chooses remedies that are designed to obtain compliance with an obligor's support obligations and does not use any remedy for the purpose of punishment. Remedies OCSS may use include, but are not limited to:

(1) annual notice to noncustodial parents as provided in Section 237A of Title 56 of the Oklahoma Statutes and OAC 340:25-5-213;
(2) income assignment, garnishment, and levy as provided in Chapter 21 of Title 12, 115 and 601-501 through 601-507 of Title 43, Sections 237, 240.2, and 240.23 of Title 56 of the Oklahoma Statutes, and Section 666 of Title 42 of the United States Code; • 2
(3) hearing on assets as provided in Section 842 of Title 12 of the Oklahoma Statutes;
(4) intercept of federal tax refunds as provided in Section 664 of Title 42 of the United States Code, Sections 285.3 of Title 31 and 303.72 of Title 45 of the Code of Federal Regulations, and OAC 340:25-5, Part 25, and intercept of state tax refunds as provided in Section 303.102 of Title 45 of the Code of Federal Regulations, Sections 205.2 and 205.3 of Title 68 of the Oklahoma Statutes, and OAC 340:25-5, Part 27;
(5) administrative offsets as provided in Section 3716 of Title 31 of the United States Code, Section 285.1 of Title 31 of the Code of Federal Regulations, and Executive Order 13019;
(6) denial, revocation, or suspension of United States passports as provided in Section 240.1 of Title 56 of the Oklahoma Statutes and Sections 652 and 654 of Title 42 of the United States Code;
(7) revocation, suspension, non-renewal, and non-issuance of various licenses including, but not limited to, revocations of certificates of motor vehicle titles as provided in Sections 139 and 139.1 of Title 43, Sections 1-153, 6-201, 6-201.1, and 6-211 of Title 47, and Sections 237.1 and 240.15 through 240.21A of Title 56 of the Oklahoma Statutes;
(8) imposing liens and executing and levying on personal and real property, including, but not limited to workers’ compensation benefits, personal injury, wrongful death, and probate actions as provided in Section 135 of Title 43, Section 240.23 of Title 56, and Titles 12 and 58 of the Oklahoma Statutes; • 3
(9) registration of foreign support orders under the Uniform Interstate Family Support Act as provided in Sections 601-100 through 601-901 of Title 43 of the Oklahoma Statutes;
(10) credit bureau referrals as provided in Sections 666 of Title 42 and 1681b of Title 15 of the United States Code, Section 240.7 of Title 56 of the Oklahoma Statutes, and OAC 340:25-5, Part 31;
(11) financial institution data match as provided in Sections 666 and 669A of Title 42 of the United States Code, Sections 240.22 through 240.22G of Title 56 of the Oklahoma Statutes, and OAC 340:25‑5‑212;
(12) seek work orders as provided in Section 240.10 of Title 56 of the Oklahoma Statutes;
(13) indirect civil contempt of court as provided in Sections 566 and 567 of Title 21, Section 137 of Title 43, and Section 234 of Title 56 of the Oklahoma Statutes. OCSS does not use contempt as a penal sanction and does not recommend incarceration to the district court at sentencing in an indirect civil contempt proceeding unless there is evidence or information available that the obligor can purge the contempt. OCSS asks the court to set a reasonable purge fee pursuant to the terms of Rule 8.3 of the Rules of the District Courts; • 2
(14) action to void the transfer or obtain favorable settlement in cases in which a debtor transferred income or property to avoid payment to a child support creditor under the Uniform Fraudulent Transfer Act, Sections 112 through 123 of Title 24 of the Oklahoma Statutes, and Section 666 of Title 42 of the United States Code;
(15) registration of foreign judgments under the Uniform Enforcement of Foreign Judgments Act, Sections 719 through 726 of Title 12 of the Oklahoma Statutes;
(16) criminal actions brought under Section 852 of Title 21 of the Oklahoma Statutes;
(17) civil actions brought under Section 660 of Title 42 of the United States Code;
(18) transfer of child support obligation to another custodian under Section 237 of Title 56 of the Oklahoma Statutes;
(19) referral to the United States Attorney for federal prosecution under Section 228 of Title 18 of the United States Code;
(20) full collection services by the Secretary of the Treasury under Section 6305 of the Internal Revenue Code of 1954; and
(21) attachment of lottery prize winnings from the Oklahoma Lottery Commission under Section 724.1 of Title 3A of the Oklahoma Statutes.
(e) Servicemember. When OCSS initiates proceedings to enforce a child support order 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. • 4

INSTRUCTIONS TO STAFF 340:25-5-200

Revised 7-1-12

1. Oklahoma Department of Human Services (OKDHS) Director Howard Hendrick authorized Oklahoma Child Support Services (OCSS) state's attorneys and caseworkers to approve subpoenas on his behalf, issued by his authority under Section 240.23 of Title 56 of the Oklahoma Statutes, through the OKDHS Director's Authorization memorandum dated September 21, 1998.

2. When requesting incarceration, OCSS state's attorneys request a reasonable purge fee according to the obligor’s ability to pay. OCSS state's attorneys request the court set a purge amount pursuant to Rule 8.3 of the Rules for the District Courts (Rule 8.3). For example, OCSS state's attorneys may request incarceration for less than the statutory period of 180 days and a purge amount of less than the full amount owed in order to coerce partial compliance by the obligor. When this occurs, OCSS state's attorneys request that the obligor continue paying based on a new payment plan and the provisions of the court's order for release pursuant to Rule 8.3(e)(3). As part of the purge, OCSS state's attorneys request alternative sentencing options as defined in Section 566.1 of Title 21 of the Oklahoma Statutes, when appropriate, including but not limited to:

(1) ordering obligor to participate in the problem solving court program;

(2) weekend jail; or

(3) ankle monitors that allow the obligor to maintain employment.

3. (a) OCSS does not send a notice of income assignment to an employer in another state if there is an active full-service outgoing interstate referral.

(b) OCSS staff send to an employer a manual notice of income assignment, checking the "One-Time" box on the form, when child support OCSS staff learn that an employer is going to pay a noncustodial parent a lump sum payment, such as, but not limited to, a bonus, strike pay, vacation pay, and or severance pay.

(1) Child support OCSS staff consider the arrearage, including interest, to be subject to the withholding limits in Section 1171.2 of Title 12 of the Oklahoma Statutes. When the arrearage, including interest, is less than the allowable withholding amount available from the lump sum payment, child support OCSS staff advise the employer to withhold the lesser amount.

(2) When a child support an OCSS state's attorney's review of the child support case results in a legal decision to collect the entire lump sum, OCSS staff also send to an employer a notice of lien.

4. OCSS state's attorneys endorse checks in exchange for a payment in an amount which that satisfies, in full or in part, the OCSS lien for workers' compensation benefits, personal injury proceeds, or any child support lien. The OCSS office where the check is presented confirms the amount of the settlement with the assigned child support OCSS office prior to endorsing the check and accepting a payment in satisfaction.

5. OCSS staff follow the Guide to the Servicemembers Civil Relief Act (SCRA), available from the OCSS InfoNet for procedure regarding:

(1) waivers of rights and protection under the SCRA;

(2) appearance in court actions;

(3) stays of court;

(4) default orders; and

(5) enforcement actions affected by the SCRA.

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