OKDHS - OAC 340:25-5-270. Interstate cases

340:25-5-270. Interstate cases

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Revised 7-1-11

(a) Legal base. When referring and processing interstate IV-D cases, Oklahoma Child Support Services (OCSS) is governed by:

(1) the Uniform Interstate Family Support Act as provided in Sections 601-100 through 601-901 of Title 43 of the Oklahoma Statutes; • 1
(2) Section 240.9 of Title 56 of the Oklahoma Statutes;
(3) Sections 1738B of Title 28 and 549A, 654, 659A, and 666 of Title 42 of the United States Code; and
(4) Sections 302.36 and 303.7 of Title 45 of the Code of Federal Regulations. • 2

(b) Interstate central registry. OCSS operates an interstate central registry per Section 303.7 of Title 45 of the Code of Federal Regulations.

(c) Forms. OCSS uses forms issued by the Secretary of the United States Department of Health and Human Services per Section 652 of Title 42 of the United States Code as applicable for processing interstate cases. • 3

(d) Communication. When:

(1) Oklahoma is the initiating state, OCSS obtains information and communicates with the custodial person;
(2) Oklahoma is the responding state, OCSS communicates to the initiating state with which OCSS has established a case; or • 4
(3) OCSS receives written communication from a party or a party's attorney, OCSS sends copies to the appropriate agency or person within two business days of receipt, as required by Section 601-307 of Title 43 of the Oklahoma Statutes.

(e) Family violence and nondisclosure. When Oklahoma is the initiating state and a party claims family violence, OCSS does not release the physical address of the party without a court order. OCSS:

(1) enters the address of record, if designated, or the district office's address instead of the physical address of the party requesting nondisclosure on the Child Support Enforcement Transmittal # 1, Initial Request, and on the General Testimony, if applicable;
(2) does not file the interstate transmittal forms with the tribunal;
(3) does not release a copy of the interstate transmittal form to the other party per OAC 340:25-5-67; and
(4) seeks an order from the appropriate tribunal regarding release of the information when the responding state or a party requests release of specific identifying information per Section 601-312 of Title 43 of the Oklahoma Statutes. • 5

(f) Services provided. Except as provided in paragraphs (1) through (4), OCSS processes interstate cases in the same manner as intrastate cases. OCSS processes intrastate cases per OAC 340:25-1-1.2.

(1) Evidence. If one of the parties is a nonresident of the forum state, OCSS arranges for telephonic testimony at the request of the nonresident party or a IV-D agency and requests the court to admit evidence per Section 601-316 of Title 43 of the Oklahoma Statutes. • 6
(2) One-state processing. In the absence of an order to establish paternity or support, OCSS uses a one-state process to establish an order if personal and subject matter jurisdiction may be exercised over a nonresident party per Section 303.7 of Title 45 of the Code of Federal Regulations and Section 601-201 of Title 43 of the Oklahoma Statutes.
(3) Determination of controlling order. When there are multiple orders for current support for the same child, OCSS seeks a determination of controlling order (DCO) or a new order from the appropriate tribunal per Sections 601-207 and 601-602 through 601-615 of Title 43 of the Oklahoma Statutes.

(A) When making the arrears calculation for the DCO proceeding, OCSS applies the law of the respective issuing states in determining the arrears under each order.
(B) Once the court issues a DCO, OCSS applies the law of the controlling order state to the consolidated arrears, even if the support orders of other states contributed a portion to those arrears. • 7

(4) Redirection of payments. In accordance with Sections 601-307 and 601-319 of Title 43 of the Oklahoma Statutes:

(A) OCSS issues a notice to redirect payments to the IV-D agency in the state in which the custodial person resides and issues an Order/Notice to Withhold Income for Child Support to implement the order when:

(i) Oklahoma is the state that issued the child support or income assignment order;
(ii) neither the noncustodial parent, custodial person, or any child lives in Oklahoma; and
(iii) OCSS or another IV-D agency makes the request. • 8

(B) OCSS issues a notice to redirect payments to the IV-D agency in the state of residence of the custodial person when:

(i) a child support or income assignment order has been issued;
(ii) neither the noncustodial parent, custodial person, or any child lives in the issuing state; and
(iii) Oklahoma provides child support services. • 8

(C) OCSS furnishes a certified record of payments to a requesting party or tribunal when OCSS receives redirected payments per Section 601-319 of Title 43 of the Oklahoma Statutes.

(g) Determination of arrears. When Oklahoma has personal and subject matter jurisdiction and can obtain service of process on the noncustodial parent, OCSS uses the annual notice, notice of support debt, contempt, or other appropriate proceedings to determine past support and interest before requesting a tribunal of another state to enforce.

(h) Choice of law. The applicable law for determination of duration of support and other choice of law issues is controlled by subsection (h) of the Full Faith and Credit for Child Support Orders Act, codified in Section 1738B(h) of Title 28 of the United States Code and Sections 601-604 and 601-611 of Title 43 of the Oklahoma Statutes. The law of the initial controlling order state governs the duration of support even after the order is modified by another state.

(i) Definition. For purposes of this Section, forum state means the state in which the hearing is held or the responding court proceeding is filed to establish or enforce a support order.

(j) When genetic testing is required in interstate cases, the responding state is responsible for paying the cost of testing per Section 303.7 of Title 45 of the Code of Federal Regulations and OAC 340:25-5-176.

INSTRUCTIONS TO STAFF 340:25-5-270

Revised 7-1-11

1.   Child support staff may access the Uniform Interstate Family Support Act with Official Comments on Oklahoma Child Support Services (OCSS) InfoNet Library page. Select "UIFSA 2001 with Official Comments" under the Interstate heading.

2.   (OCSS) registers a foreign support order per Sections 601-601 through 601-604 of Title 43 of the Oklahoma Statutes when enforcement of the order is requested. If Section 601-207 of the same title applies, OCSS consolidates multiple orders.

3.   Child support staff follow the federal Office of Child Support Enforcement (OCSE) Action Transmittals AT-97-06, AT-05-03, and AT-05-04, available from the OCSE Web site at http://www.acf.hhs.gov/programs/cse/pol/AT/1997/at-9706.htm, http://www.acf.hhs.gov/programs/cse/pol/AT/2005/at-05-03.htm, and http://www.acf.hhs.gov/programs/cse/pol/AT/2005/at-05-04.htm, for instructions for completion of interstate child support forms.

4.   Communication.

(1) Child support staff follow OCSE Action Transmittal AT-98-30, available from the OCSE Web site at http://www.acf.hhs.gov/programs/cse/pol/AT/1998/at-9830.htm, to clarify the intent of Section 303.7 of Title 45 of the Code of Federal Regulations regarding communication in interstate cases.

(2) When it is necessary to communicate with the custodial person from the initiating state, child support staff update the Case Log Add (CSLOGA) screen on the Oklahoma Support Information System (OSIS) with "***CARE***. Please send call from custodial person to district office." The Customer Assistance Response Effort (CARE) passes calls through from the custodial person as long as there is no follow-up message to stop doing so.

5.   Section 601-312 of Title 43 of the Oklahoma Statutes applies to disclosure of information when:

(1) Oklahoma does not have jurisdiction to order the party requesting nondisclosure of an address to provide an address of record; or

(2) other specific identifying information is requested.

6.  Child support staff attempt to coordinate with the IV-D agency in the initiating or responding state, if any, in arranging telephonic testimony with an out-of-state witness or party. Child support staff request a phone number from the nonresident party where he or she can be reached on the date of a hearing if unable to appear in person.

7.   Determination of controlling order.

(1) When there are multiple orders for support, OCSS seeks a judicial determination of controlling order (DCO). To determine which state has the presumed controlling order, child support staff use the Worksheet to Determine Controlling Order, available from the OCSS InfoNet Library page.

(A) Child support staff follow OCSE Information Memorandum IM-03-01, available from the OCSE Web site at http://www.acf.hhs.gov/programs/cse/pol/IM/2003/im-03-01.htm, regarding instructions for the DCO.

(B) When it is appropriate to register an order for enforcement or modification, child support staff combine the registration and DCO proceedings.

(2) When an Oklahoma tribunal has personal jurisdiction, child support staff file an application for the DCO with the appropriate tribunal per OAC 340:25‑5‑124. Child support staff follow the instructions for the DCO in Oklahoma, available from the OCSS InfoNet Library page. Child support staff send notice of the hearing on the application for DCO to all parties and public agencies that the determination may affect.

(3) When a state tribunal other than an Oklahoma tribunal has personal jurisdiction over the noncustodial parent and custodial person, child support staff send an application for DCO, copies of all existing child support orders, a completed Interstate Transmittal # 1, and a record of payments reconciling the arrears and interest due under all existing orders to the IV-D agency in the state with jurisdiction to determine the controlling order.

(4) OCSS seeks a DCO when requested by another tribunal and there are sufficient minimum contacts with the noncustodial parent and custodial person, even if no parties currently reside in Oklahoma. Refer to OAC 340:25‑5‑124 for assignment of cases without an Oklahoma order.

(5) OCSS files a certified copy of the DCO within 30 days with all tribunals that entered or registered prior orders. The DCO:

(A) includes findings, prospective child support amount, and total amount of principal and interest due under all prior orders; and

(B) is entitled to full faith and credit.

8.   OCSS may seek an order to redirect payments from either district court or the Office of Administrative Hearings: Child Support.

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