(a) Overpayment recipient.  A custodial person, noncustodial parent, or other entity to whom the Child Support Enforcement Division (CSED) has made an overpayment is an overpayment recipient and owes the amount of the overpayment to CSED, acting on behalf of the State of Oklahoma.

(b) Fraud.  If an overpayment may have resulted in whole or in part from false or misleading statements, concealed information, willful misrepresentation, or if fraud is otherwise suspected, CSED reports the information to the Oklahoma Department of Human Services (OKDHS) Office of Inspector General (OIG) for appropriate action.  Action may include, but is not limited to, investigation and criminal prosecution.   • 1 through 4

(c) Recovery amount.  CSED retains 50 percent of monthly current support payments collected for the recipient and retains the total amount of any arrearage payments collected at any time, in order to recover any type of overpayment until the overpayment is recovered in full.  CSED does not reduce the recovery amount at the recipient's request.

(d) Notice.  CSED sends a notice of overpayment and recovery to the recipient of the overpayment.  The notice includes:

• (1) a statement that the recipient received money to which the recipient was not entitled and owes money to CSED;
• (2) the amount of the overpayment;
• (3) the method of withholding from monthly payments until the overpayment is recovered in full;
• (4) a statement that CSED may collect the overpayment through any means permitted by law; and
• (5) instructions for requesting in writing an administrative review under OAC 340:25-5-200.1 within 30 days after the date on the notice of overpayment and recovery letter, if the recipient disagrees with the amount of the overpayment.

(e) Other overpayment recovery methods.  CSED also recovers overpayments, including, but not limited to:

• (1) voluntary payments;
• (2) state income tax refund intercepts under Section 205.2 of Title 68 of the Oklahoma Statutes; and
• (3) lottery prize claims under Section 724.1 of Title 3A of the Oklahoma Statutes.

(f) TANF customers.  In active Temporary Assistance for Needy Families (TANF) cases, when a TANF recipient retains child support receipts, CSED may make a noncooperation referral to the TANF social services specialist.  CSED recovers overpayments from TANF customers through voluntary payments, state income tax refund intercepts, and lottery prize claims.

(g) Administrative review.  If an administrative review is requested under OAC 340:25-5-200.1, the purpose of the review is to provide the recipient an opportunity to offer new or additional information regarding the amount of the overpayment.  Upon timely receipt of a written request for an administrative review, the CSED office conducts the review within 30 days.