OKDHS - OAC 340:25-5-285. International cases

340:25-5-285. International cases

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Issued 7-1-06

(a) Legal base. The Child Support Enforcement Division (CSED) follows the provisions of OAC 340:25-5-270 when Oklahoma is providing child support services on international cases, except for time frames specified in Section 303.7 of Title 45 of the Code of Federal Regulations.

(b) Foreign reciprocating countries. CSED initiates or responds to proceedings with foreign reciprocating countries under Section 659A of Title 42 of the United States Code. • 1 & 2

(c) Bilateral agreements. CSED initiates or responds to proceedings with countries with whom Oklahoma has a bilateral agreement. • 2

(d) Conversion of child support orders to foreign currency.

(1) Upon request of a foreign responding tribunal, CSED converts the child support order amount into foreign currency and prepares certificates or other documents to be issued by the Oklahoma tribunal under Section 601-304 of Title 43 of the Oklahoma Statutes.
(2) Upon request of a foreign initiating tribunal to enforce an order specified in foreign currency, CSED converts the child support order amount into United States dollars and requests an Oklahoma tribunal to make a finding of the converted child support amount. • 3

(e) Modification of international orders.

(1) When modification of an order of a foreign country is requested and that country cannot or will not modify its order, CSED seeks a modification of the foreign order in an Oklahoma tribunal if Oklahoma has personal jurisdiction over both parties, as provided in Section 601-615 of Title 43 of the Oklahoma Statutes.
(2) When CSED determines another state has jurisdiction over both parties, CSED sends an interstate transmittal to the state with jurisdiction over the parties requesting that state to register and modify the foreign order.

INSTRUCTIONS TO STAFF 340:25-5-285

Revised 7-1-07

1. Child support staff follow the federal Office of Child Support Enforcement (OCSE) Information Memorandum IM-03-07, available from the OCSE Web site at http://www.acf.hhs.gov/programs/cse/pol/IM/2003/im-03-07.htm, to process cases involving foreign reciprocating countries. For a list of foreign reciprocating countries, see Appendix 1 of IM-03-07.

2. Bilateral agreements.

(1) Oklahoma has bilateral agreements with England, Germany, Sweden, Brazil, and Scotland.

(2) For proceedings with countries with which the Child Support Enforcement Division (CSED) does not have reciprocal enforcement agreements, child support staff contact the CSED state office Interstate Central Registry to process the case.

3. Child support staff contact CSED state office Interstate Central Registry for assistance in:

(1) obtaining an English translation when CSED is requested to enforce or modify a foreign order and the requesting party is unable to provide an English translation; and

(2) converting child support order amounts between United States (U.S.) dollars and foreign currency. Child support staff:

(A) use the exchange rate recognized by the U.S. Department of State;

(B) include language in the Order for Modification and Order Confirming Arrears specifying the:

(i) amount of arrears in foreign currency;

(ii) current exchange rate as of the date of the order;

(iii) U.S. dollar amount equivalent; and

(iv) current child support amount in U.S. dollars, if applicable; and

(C) follow the federal Office of Child Support Enforcement (OCSE) Policy Interpretation Question PIQ-04-01 regarding processing cases with foreign reciprocating countries. The response to Question 6 states there is no federal rule on what date should be applied for converting the foreign country's order amount into a U.S. dollar amount. Question 6 further states that the decision should be made based on state law and procedure. PIQ-04-01 is available from the OCSE Web site at http://www.acf.hhs.gov/programs/cse/pol/PIQ/2004/piq-04-01.htm.

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