OKDHS.org - OAC 340:75-13-26. Child support

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340:75-13-26. Child support

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Revised 5-11-06

(a) Legal basis. Federal regulations require Oklahoma Department of Human Services (OKDHS) to pursue child support payments on Title IV-E foster care cases where federal funding is involved. Section 454 of Title IV-D of the Social Security Act requires a referral to the state's child support enforcement agency for child support services. Section 7003-8.8 of Title 10 of the Oklahoma Statutes (10 O.S. § 7003-8.8) requires the court to address paternity and child support issues for every child who is alleged or adjudicated deprived. • 1 OKDHS Child Support Enforcement Division (CSED) carries out the provisions of these regulations based on information provided by Child Welfare (CW) staff. Benefits to the child include:

(1) locating an absent parent(s);
(2) establishing paternity;
(3) obtaining previously unavailable child support; and
(4) exploring, on behalf of the child, eligibility for benefits through:
- (A) Social Security Administration;
- (B) Veterans Affairs; or
- (C) other government programs.

(b) Use of child support monies. Support monies collected while the child is in OKDHS custody and out-of-home placement are used to reimburse:

(1) the federal government for Title IV-E expenditures; and
(2) OKDHS for monies expended to meet the child's needs.

(1) establish paternity; or
(2) defer the issue of paternity to the appropriate administrative or district court. • 4

(d) Child support orders. After paternity is established, CW staff recommend that the court address the issue of current child support. Child support must be ordered in a deprived action, per 10 O.S. § 7003-8.8. Within six months after the deprived petition is filed, the court must either:

(1) address the issue of child support; or
(2) defer the issue of establishment and enforcement of child support to the appropriate administrative or district court. CSED proceeds with the establishment and enforcement of child support orders for any case deferred in this manner.
- (A) Each parent must be individually ordered to pay his or her percentage of the total monthly child support obligation, including parents who reside together. • 1
- (B) 43 O.S. § 118 and 119 require the court to follow child support guidelines in determining each parent's support obligation.
- (C) Deviation from the child support guidelines is permitted when it is determined necessary in order for the parent to meet the obligations of an individual treatment and service plan or for other reasons the court deems appropriate. If the court deviates from the amount of support indicated by the guidelines, specific findings of fact supporting such action are required to be documented in the child support computation form.
- (D) The child support order must:
  - (i) be filed on a standard child support order form, as prescribed by CSED;
  - (ii) be filed as a separate document from the individual treatment and service plan or court minute and is therefore not confidential;
  - (iii) be provided by the court clerk, upon request, to a representative of CSED, without a court order;
  - (iv) direct the parent to provide medical insurance when the parent has insurance available through employment or other group plan, regardless whether insurance is available at the time the order is entered;
  - (v) include an immediate income assignment provision pursuant to 43 O.S. § 115; and
  - (vi) include, as an attachment, a child support computation form signed by the judge, per 43 O.S. § 120.
- (E) The duty to pay child support continues after parental rights are terminated and until the child is adopted pursuant to 10 O.S. § 7503-2.3. Parents may be obligated to pay child support arrears even after adoption.
- (F) After a deprived action is dismissed, the most recent child support order entered in the deprived action must remain in full force and effect, unless the judge presiding over the deprived action orders otherwise.
- (G) All child support payments must be paid, per 43 O.S. § 413, through the Oklahoma Centralized Support Registry, P.O. Box 268849, Oklahoma City, OK 73126-8849. • 2
- (H) The CW worker verifies each parent's compliance with his or her child support obligation. • 3

INSTRUCTIONS TO STAFF 340:75-13-26

Revised 7-1-08

1. Child support establishment. In many cases, Child Support Enforcement Division (CSED) has established or recorded child support order information in the Oklahoma Support Information System (OSIS) prior to Child Welfare (CW) involvement. In order to ensure the CW case record accurately reflects all available Oklahoma Department of Human Services (OKDHS) records regarding the child's parent(s), including child support orders and payments, the CW worker:

(1) views CSED Information and Referral Inquiry (CIRI), CSED Address Inquiry (ASA, ADI), CSED Case Log Inquiry (CSLOGI), CSED Child Support Member List (CSML), and CSED Child Support Receipt Inquiry (CFRR) on the OSIS screens no later than 30 days after the child's removal from the home in order to determine:

(A) the absent parent(s)' name, address, and other identifying information;

(B) employer name, address, and income information;

(C) child support court order information; and

(D) whether paternity has been legally established for the child in OKDHS custody;

(2) if CSED has no records of a child support order:

(A) searches for a decree of divorce or dissolution of marriage or other court order of child support on the Oklahoma States Court Network (OSCN) at http://www.oscn.net/applications/oscn/start.asp?ViewType=DOCKETS;

(B) obtains a copy of the child support order; and

(C) presents the child support order to the court at the earliest hearing possible but no later than the dispositional hearing;

(3) contacts the CSE district office no later than 30 days after the child's removal from the home in order to obtain copies of any court orders regarding paternity or child support that are in the CSE district office's possession for any child in OKDHS custody. Copies of Form 03PA209E, Acknowledgment of Paternity, may be obtained from CSED State Office;

(4) if neither CSED or OSCN has a record of a child support order for the absent parent(s):

(A) prepares a child support order and a child support computation form; or

(B) contacts the CSE district office to request assistance in preparing the order and computation form;

(5) includes the amount of the child support obligation on Form, 04KI012E Individualized Service Plan (ISP);

(6) attaches a copy of the order and computation form, if applicable, to Form 04KI013E, Individualized Service Plan (ISP) Dispositional Report;

(7) presents the child support order and the computation form to the assistant district attorney and, when appropriate, to the court;

(8) sends a copy of the child support order and the computation form to the CSED district office in the county of jurisdiction no later than 15 working days following receipt of the order; and

(9) sends a copy of Form 04K1025E, Change in Placement Notification, to the CSED office in the county of jurisdiction whenever the child's placement changes.

2. Child support payment. In order to ensure payments are sent to the appropriate location, the CW worker:

(1) includes the address of the Oklahoma Centralized Support Registry (OCSR) on Form 04KI012E; and

(2) instructs the parent to send the payment to OCSR only.

3. Verification of child support payment. In order to verify each parent's compliance with his or her child support obligation, the CW worker:

(1) searches for the client's case number in the Information Management System (IMS);

(2) uses the case number found in IMS and searches CSED OSIS for child support payment information;

(3) includes child support payment information found on CSED CFRR OSIS screen on Form 04KI014E, Individualized Service Plan (ISP) Progress Report; and

(4) if unable to find child support payment information on CSED OSIS, contacts the CSE district office for payment history.

4. Establishing paternity. If paternity has not been established for a child through CSED or court order, genetic testing may be done.

(1) The CW worker:

(A) completes Form 04MP037E, LabCorp Scheduling Request; and

(B) submits the form to the contracted vendor.

(2) The contracted vendor:

(A) schedules the appointment for the person requiring the test; and

(B) notifies the person to be tested of the appointment date, time, and place.

(3) Results of the test are sent to the CW worker at the county address.

(4) The contracted vendor invoices Children and Family Services Division Administrative Services Unit for payment.

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