INSTRUCTIONS TO STAFF 340:25-5-270
Revised 7-1-08
1. Child support staff may access the Uniform Interstate Family Support Act with Official Comments on the Child Support Enforcement Division (CSED) InfoNet Library page. Select "UIFSA 2001 with Official Comments" under the Interstate heading.
2. CSED registers a foreign support order under 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, CSED consolidates multiple orders.
3. When genetic testing is required in interstate cases, the initiating state is responsible for paying the cost of testing in accordance with Section 303.7 of Title 45 of the Code of Federal Regulations.
(1) When Oklahoma is the initiating state, child support staff provide the responding state with CSED's contracted laboratory information and assist with scheduling genetic testing as needed. If the responding state proceeds without prior approval from Oklahoma, child support staff contact the CSED Center for Finance and Budget for the payment process.
(2) When Oklahoma is the responding state, child support staff contact the initiating state who either schedules the genetic testing or provides laboratory information. If laboratory information is provided, child support staff request the test kit from the initiating state's laboratory. CSED's contracted laboratory uses the initiating state's test kit to collect the genetic samples from those residing in Oklahoma and returns the kit to the initiating state's laboratory for analysis. If both states use the same laboratory, child support staff facilitates the genetic testing in Oklahoma and the laboratory bills the initiating state directly.
4. 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.
5. 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 through calls from the custodial person as long as there is no follow-up message to stop doing so.
6. 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.
7. Child support staff attempt to coordinate with the IV-D agency in the initiating or responding state, if any, in arranging telephonic testimony of an out‑of‑state witness or party. Child support staff requests 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.
8. Determination of controlling order.
(1) When there are multiple orders for support, CSED 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 CSED 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 under OAC 340:25‑5‑124. Child support staff follow the instructions for the DCO in Oklahoma, available from the CSED InfoNet Library page. Child support staff send notice of the hearing on the application for DCO to all parties and public agencies who may be affected by the determination.
(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 that reconciles 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) CSED 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 live in Oklahoma. See OAC 340:25‑5‑124 for assignment of cases with no Oklahoma order.
(5) CSED 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.
9. CSED may seek an order to redirect payments from either district court or the Office of Administrative Hearings: Child Support.