(a) Purpose.  The purposes of the rules in this Part are to:

• (1) establish policies and procedures used by the Oklahoma Department of Human Services (OKDHS) Oklahoma Child Support Services (OCSS) to recover overpayments made by OCSS to custodial persons, noncustodial parents, and other entities; and
• (2) resolve payment disputes arising from overpayments.

(b) Overpayment categories.

• (1) Retained support occurs when the custodial person has kept support payment(s) in violation of the assignment of support rights.
• (2) Erroneous payment occurs when OCSS has incorrectly paid money to a custodial person, noncustodial parent, or other entity, or failed to retain money assigned to the State of Oklahoma because of an administrative error.
• (3) Bad debt occurs when:
  • (A) the funding for a payment made by OCSS to a custodial person or noncustodial parent is subsequently withdrawn when a tax intercept or other collection is revoked;
  • (B) a check or other payment instrument received by OCSS from a noncustodial parent or other payor on behalf of the noncustodial parent is dishonored after a payment has been made to the custodial person; or
  • (C) OCSS issues a payment to a custodial person based on an incorrect arrearage balance or an incorrect allocation of a payment.

(c) Authority.  When recovering overpayments under this Part, OCSS is governed by Title IV, Part A of Subchapter IV of Chapter 7 of Title 42 of the United States Code; Section 109.5 of Title 43 of the Oklahoma Statues; and Sections 171, 185, and 231 through 244 of Title 56 of the Oklahoma Statutes.

(d) Recovery.  OCSS may use any legal remedy to recover overpayments, including, but not limited to, state tax offsets under OAC 340:25-5, Part 27.

• (1) OCSS is not responsible for creating or recovering overpayments for non-IV-D time periods when non-IV-D cases convert to IV-D cases.
• (2) OCSS does not charge, collect, or pay interest on overpayments.