INSTRUCTIONS TO STAFF 340:25-5-212
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.