INSTRUCTIONS TO STAFF 340:25-5-140
In all cases, Oklahoma Department of Human Services, Child
Support Services (CSS) staff requests
the court set a periodic payment plan to collect past support.
(b) When the court determines a judgment at an amount different from the
amount shown on the CSS arrearage computation presented to the court, CSS staff
updates the court's:
(1) judgment amount on the Oklahoma Support Information System (OSIS)
Obligation screen; and
(2) decision and finding of fact, when included in the court order, on
the OSIS Case Log (CSLOG) screen.
2. (a) Arrears are calculated and added to the case
without waiting 30-calendar days, when:
(1) there is no address for the
noncustodial parent (NCP) and the custodial person (CP) returned an affidavit
(2) the NCP responds and does not dispute
(3) both parties respond within 30-calendar
days and there is no dispute as to the amount of arrears.
(b) CSS staff files an
action to determine arrears, when:
(1) both parties respond and there is a
dispute as to the arrears amount; and
(2) the NCP requests credit for non-cash
support and the CP does not agree. CSS staff files the action without including credit for the non-cash
(c) When the NCP fails to return the
affidavit of payments, arrears are calculated and added to the case after
(d) When only the NCP returns the affidavit
of payments, CSS staff:
(1) contacts the CP to verify the
information provided by the NCP;
(2) enforces current support only from the
date the obligation is built, until arrears are determined;
(3) reviews the case for noncooperation and
case closure, when appropriate; and
(4) files an action to determine arrears
and serves the CP, per Oklahoma Administrative Code (OAC) 340:25-3-3.
(e) When neither party returns the payment
affidavits, CSS staff does not calculate arrears or add
arrears to the case and enforces current support only from the date the
obligation is built. CSS staff requests arrears be reserved for further determination by the
3. (a) When requesting a monthly payment schedule on past support, CSS
staff reviews available information that may include the following sources to
determine the NCP's ability to pay:
(1) OSIS screens, such as FCRL and OWL;
(2) Oklahoma Wage Report, available from the Oklahoma Employment
Security Commission website at https://www.ok.gov/oesc
(3) other sources as appropriate.
(b) When the payment schedule exceeds three
years, CSS documents in the court order that a three-year payment schedule is
unreasonable or not in the best interests of the child(ren).
4. CSS staff follows the Guide to the Servicemembers Civil Relief Act
(SCRA), available from the CSS
InfoNet, for procedures regarding:
(1) waivers of rights and protection, per SCRA;
(2) appearance in court actions;
(3) stays of court; and
(4) default orders.
of past support. CSS staff includes the
settlement terms, including any waivers of past support, in the court
order. The district office CSS state's
attorneys must approve all settlements of past support.
(1) Past support owed to Oklahoma. When
there is a settlement of past support owed to Oklahoma, the Unreimbursed
Assistance balance is reduced by the amount of the assigned arrears being
compromised. This provision does not
apply in instances where the CP has multiple children on different child
Past support owed to the CP. CSS staff drafts the court order with
language that states the CP makes the waiver knowingly, voluntarily, and
without coercion, and with the understanding that the CP may not make a claim
for the waived child support amounts in the future.
6. When initiating an enforcement action, CSS staff reviews the case to
determine if the current support obligation is in accord with the child support
guidelines and whether to initiate a modification of the current support
obligation, per OAC 340:25-5-198.2.