(a) Oklahoma Department of Human Services Child Support Services (CSS) establishes support for a prior period.
(1) In parentage cases, CSS establishes current support and support for a prior period at the same time per Sections
7700‑636 of Title 10 (10 O.S. §§ 83 and 7700-636), 43 O.S. §§
56 O.S. § 238.6B. •
(2) When a child(ren) is born during a marriage and no order addressing support for a prior period exists, CSS establishes support for a prior period per 43 O.S. §§
118 -118I and
56 O.S. § 238.1. •
(A) CSS establishes support for a prior period only when:
(i) current child support is sought; and
(ii) Temporary Assistance for Needy Families (TANF) or Title IV-E and non-Title IV-E eligible foster care has been expended in any month during the past two years.
CSS limits this prior period to the number of months on TANF or Title IV-E and non-Title IV-E eligible foster care during the two years immediately before the date CSS files the court action.
(b) When a child support order is entered against a minor noncustodial parent (NCP), CSS establishes support for a prior period under the criteria for establishing current child support per Oklahoma Administrative Code (OAC)340:25-5-178.
(c) CSS does not establish an order for support for a prior period on an incarcerated NCP.
CSS requests the court: •
(1) reserve and not determine the amount of child support for any periods prior to the entry of the court order during which the NCP was not incarcerated; and
(2) set the amount of support for a prior period at $0 for any time periods during which the NCP was incarcerated.
(d) When CSS establishes an order for support for a prior period for a child of an NCP or a custodial person who is a servicemember, CSS applies the provisions of the Servicemembers Civil Relief Act, codified in Sections 3901 through 4043 of Title 50 of the United States Code. •
(e) When the NCP is a current TANF or Supplemental Security Income (SSI) recipient and CSS:
(1) has information that the NCP had no obligation based on the child support guidelines for the prior period, CSS requests the court set the judgment at $0; or
(2) determines a debt may be owed for a prior period, CSS requests the court reserve the issue of support for a prior period until the NCP is no longer receiving TANF or SSI.
(f) CSS sets a monthly payment schedule per