(a) Purpose. The purpose of the review process is to
determine whether a child support order should be modified to ensure
substantial compliance with the child support guidelines in Sections 118-118I
through 119 of Title 43 of the Oklahoma Statutes (43 O.S. §§ 118-118I &
119) and Oklahoma Administrative Code (OAC) 340:25-5-178.
requirements. At least once every
three years after a child support order is established, reviewed, or modified,
Oklahoma Department of Human Services (DHS) Child Support Services (CSS)
notifies all parties in a full-service case of the right to request a review of
the child support order and the process for requesting a review.
for review. CSS conducts a review
every three years in cases with a Temporary Assistance for Needy Families
(TANF) assignment. CSS determines the
tribunal with jurisdiction under subsection (e) of the Full Faith and Credit
for Child Support Orders Act, codified in Section 1 1738B(e) of Title 28 of the
United State Code (28 U.S.C. § 1738B(e)) and the Uniform Interstate Family
Support Act (UIFSA) in 43 O.S. §§ 601-101 through 601-903 to modify the
order. • 1
When another tribunal has jurisdiction to modify the child support
order, CSS follows the provisions in (j) of this Section. When Oklahoma has jurisdiction to modify the
child support order, CSS follows the provisions of this subsection. CSS completes the review and modification process
within 180-calendar days after a request is received or the non-requesting
party is located, whichever is later.
(d) Initiation of review.
(1) CSS reviews an order upon written request by a customer or on its
(A) when there is a material change in circumstances per 43 O.S. § 118I; or
(B) per 56 O.S. § 237 when the evidence in the case justifies a
modification as per OAC 340:25-5-198.2, regardless of whether there is a change
of circumstances. • 2 through 5
(2) CSS notifies the parties of the review with instructions for
submitting financial and other information required for the review.
(3) CSS does not initiate a review upon customer request when:
(A) the non-initiating party is not located;
(B) it has been less than 12 months since the child support order was
established, reviewed, or modified unless there is a material change of
(C) the preliminary information indicates the change of circumstances
will not significantly impact the child support amount or the change of
circumstances is temporary; or
(D) there is evidence the monthly child support amount or judgment
payment is based on a noncustodial parent's (NCP) ability to pay and the NCP is
working in a job consistent with his or her education and training.
(4) When CSS determines the customer review
request does not meet the provisions in (1) of this subsection, CSS provides
available pro se self-help modification forms to the customer.
(5) CSS does not seek an upward modification
of a child support order or a judgment payment upon request when an NCP is:
full-time in an occupation consistent with his or her education and training;
(B) ordered to pay
more than 20 percent of his or her gross income; and
(C) is not paying
the full court-ordered monthly child support amount.
(e) Medical enforcement only (MEO) cases.
(1) When either the custodial person or the noncustodial parent requests
a review, CSS changes the services offered from an MEO to a full-service
case. CSS notifies the parties of the
change in services provided.
(2) When the non-applicant requests the review, the non-applicant must
complete Form 03EN001E, Application for Child Support Services, per OAC
(f) Initial review. Within 15-calendar days after receiving a
request for a review, CSS determines if the criteria described in (d)(1) of
this Section are met. CSS notifies the
requesting person when the criteria for review are not met. If the criteria are met, CSS may:
(1) request further information as necessary from the parties; or
(2) proceed with the review process when CSS considers it has
information sufficient to complete the process.
(g) Final review. Within
30-calendar days after the deadline for the parties to submit requested
financial and other information to CSS, per (d) of this Section, CSS completes
the review process and notifies parties of its determination as to whether the
support order should be modified. • 4
after review. CSS staff follows
OAC 340:25-5-198.2 to determine if the child support order is modified after the
review process is complete.
(i) Termination of the review process.
(1) The person requesting a review may withdraw the request after the
review process begins, upon CSS approval.
CSS does not accept requests to
withdraw the review after making a determination that the child support order
(2) When the requesting person fails to supply information requested by
CSS as instructed, CSS may terminate the review process, unless CSS or the
non-requesting party requests the process continue. • 6
(3) When the review is initiated by CSS, failure of the parties to
return requested information does not stop the review process. CSS proceeds, using the best information
(j) Interstate cases.
(1) When a tribunal other than an Oklahoma district or administrative
court has jurisdiction under UIFSA to modify an order, CSS obtains the
information necessary for the review.
(A) CSS transmits the documents to the Title IV-D agency in the other
state within 20-calendar days after receipt of the request to modify the order
and of the completed documents from the person requesting the
modification. • 7
(B) CSS issues and enforces a subpoena to compel compliance with the
request for documents if the non-requesting party fails to return the required
documents or CSS is unable to obtain the necessary information to proceed and
an Oklahoma tribunal has personal jurisdiction over the non-requesting party.
(C) CSS may terminate the review process in an interstate case per (i)
of this Section and 43 O.S. §§ 601-611 and 601-616.
(2) When Oklahoma has jurisdiction to modify the order of another state
or foreign country per 43 O.S. § 601-102, the order is registered in Oklahoma
for modification per 28 U.S.C. § 1738B(i) and 43 O.S. §§ 601-609 through