INSTRUCTIONS TO STAFF 340:25-5-200
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.