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
 
340:25-5-212. Financial institution data match reporting system
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Revised 7-1-12


 

(a) Legal basis.  Oklahoma Child Support Services (OCSS) maintains a financial institution data match reporting system to identify noncustodial parents' assets and issue levies on accounts of noncustodial parents who are in noncompliance with an order for support.  In maintaining the system, OCSS follows Part A of Subchapter IV of Chapter 7 of Title 42 of the United States Code, associated federal regulations, and state statutes.  This Section establishes provisions necessary to implement Sections 666(a)(17) and 669A of Title 42 of the United States Code and Sections 240.22 through 240.22G of Title 56 of the Oklahoma Statutes.  The definitions in Section 240.22A of Title 56 of the Oklahoma Statutes apply to the terms used in this Section.

(b) Financial institutions.

  • (1) All data supplied to OCSS by financial institutions doing business in Oklahoma must be in accordance with the Financial Institution Data Match Specifications Handbook published by the federal Office of Child Support Enforcement.
  • (2) A financial institution may charge an account levied on by OCSS a fee of $20, under Section 240.22E(E) of Title 56 of the Oklahoma Statutes, which is deducted from the account before the financial institution remits funds to OCSS.  If the levied funds are subsequently refunded by OCSS because of an OCSS error described in (d)(4)(A) or (d)(4)(B) of this Section, OCSS refunds any fee charged to the appropriate account holder.

(c) Levies.  Levies are for the total amount of past-due support as defined in Section 237.7 of Title 56 of the Oklahoma Statutes.  Under Section 240.22G of Title 56 of the Oklahoma Statutes, OCSS automatically issues a levy for each matched account unless the noncustodial parent is in full and timely compliance with a court-ordered payment plan.  OCSS considers a noncustodial parent in full and timely compliance with a court-ordered payment plan when the noncustodial parent has made voluntary payments of at least 92 percent of the court-ordered payment plan payments due over the last six full calendar months prior to the date of the levy.  OCSS considers a manual levy appropriate if there is evidence that the noncustodial parent has funds subject to levy not previously considered by OCSS in establishing the monthly court-ordered payment plan.  OCSS requests the financial institution not remit funds in an amount less than $50.  • 1

(d) Notice of levy and administrative review.

  • (1) OCSS sends a notice of levy to a noncustodial parent within three days after sending the levy to the financial institution.  [56 O.S. § 240.22G]  The notice of levy includes:
    • (A) instructions for the noncustodial parent or a non-obligated joint account holder to request an administrative review in writing;
    • (B) a description of the grounds for requesting an administrative review;
    • (C) a description of the review process; and
    • (D) notice that failure to submit a timely request for review in writing means the levy is final.
  • (2) It is the responsibility of the noncustodial parent to notify any joint account holder(s) of the levy.
  • (3) Either the noncustodial parent or a non-obligated joint account holder may request an administrative review of the levy in writing after the date on the notice of levy under Section 240.22G of Title 56 of the Oklahoma Statutes.
  • (4) A non-obligated joint account holder may request an administrative review in writing when the levied funds are not owned by the noncustodial parent.
  • (5) Upon receipt of a request for an administrative review OCSS:
    • (A) contacts the requesting party within three business days to:
      • (i) notify the party that the review has begun; and
      • (ii) request further information as necessary;
    • (B) completes the review as soon as possible, not to exceed three business days from receiving all necessary information; and
    • (C) completes the review using the best information available when the party requesting a review does not provide the information requested by OCSS within five business days of the request.
  • (6) The purpose of the administrative review is to quickly resolve any obvious factual errors.
  • (7) After the administrative review, OCSS issues a notice of administrative review decision and information about requesting an administrative hearing.

(e) Administrative hearing.  Either the noncustodial parent or a non-obligated joint account holder may request a hearing before the Oklahoma Department of Human Services Office of Administrative Hearings:  Child Support (OAH), by the date specified in the notice of administrative review decision.  A request for an OAH hearing must be submitted in writing to the district office.

(f) Release of funds from levy.

  • (1) OCSS releases funds from levy when the noncustodial parent submits sufficient and credible evidence at the administrative review that the source of the funds is:
    • (A) Supplemental Security Income (SSI) benefits;
    • (B) State Supplemental Payments (SSP) for Aged, Blind and the Disabled;
    • (C) Temporary Assistance for Needy Families (TANF) benefits; or
    • (D) child support payments, if the obligor is the custodial person of a minor child(ren) and is receiving the payments as required by a court order.
  • (2) Funds from a levy may be released, in full or in part, at the discretion of the OCSS state's attorney when it is determined the levy negatively impacts a reliable source of child support, or is not in the best interest of the child(ren).  When the funds are not assigned to the state, OCSS considers the input of the custodial person in reviewing the case for release.  • 2

INSTRUCTIONS TO STAFF 340:25-5-212

 

Revised 7-1-12

 

1.   Oklahoma Child Support Services (OCSS) staff follow the Enforcement Child Support Manual, FIDM Chapter, section on Bank Levy Procedure. 

(1) OCSS does not issue an automated levy when the noncustodial parent has made voluntary payments of at least 92 percent of the court-ordered payment plan payments due over the last six full calendar months prior to the date of the levy.

(2) OCSS staff do not issue a manual levy against a checking account of a noncustodial parent who has made voluntary payments of at least 92 percent of the court-ordered payment plan payments due over the last six full calendar months prior to the date of the levy, unless the district office OCSS state's attorney has information that the checking account has significantly more funds in the account than the noncustodial parent has previously reported to OCSS as periodic income.

(3) Voluntary payments include payments made directly from the noncustodial parent, payments from income withholding, and from unemployment offset.  Collections made by OCSS intercepting federal or state tax refunds from prior levies, from contempt purge amounts, and workers' compensation lump sum collections are not considered voluntary payments, and will not be considered in calculating the percentage of voluntary payments necessary to reach the 92 percent of court-ordered payment plan amounts paid.

2.   Release of levy.

(1) District offices must coordinate with each other to ensure a levy is not released in one district office when a noncustodial parent has another levy in another district office.

(2) In cases where the noncustodial parent is in full and timely compliance with a court-ordered payment plan, but a manual levy is still appropriate for a checking account, district offices do a partial levy release that allows the noncustodial parent to retain funds in the checking account in an amount consistent with the withholding limits set out in Section Section 1171.2 of Title 12 of the Oklahoma Statutes.

(3) After approval by the OCSS state's attorney, OCSS staff document the reason for the levy release on the automated Oklahoma Support Information System Case Log Add (CSLOGA).

(4) OCSS staff:

(A) attach a cover letter and a copy of the levy when sending a release of levy to the financial institution; and

(B) access the levy cover letter on the OCSS InfoNet.

 

Last Updated:  6/26/2012