(a) Legal basis. Oklahoma Department of Human Services Child
Support Services (CSS) maintains a financial institution data match reporting
system to identify noncustodial parents' (NCP) assets and issue levies on
accounts of NCPs who are in noncompliance with an order for support. In maintaining the system, CSS follows Part A of Subchapter IV of Chapter 7 of Title 42 of the United States Code, associated
federal regulations, and state statutes.
This Section establishes provisions necessary to implement Sections
666(a)(17) and 669A of Title 42 of the United States Code, Section 307.11 of
Title 45 of the Code of Federal Regulations, and Sections 240.22 through 240.22G of Title 56 of the Oklahoma Statutes (56 O.S. §§ 240.22-240.22G). The definitions in 56 O.S. § 240.22A apply to
the terms used in this Section.
(b) Financial institutions.
(1) All data supplied to CSS by financial
institutions doing business in Oklahoma must be in accordance with the
Financial Institution Data Match Specifications Handbook published by the
federal Office of Child Support Enforcement.
(2) A financial institution may charge an
account levied on by CSS a fee of $20, per 56 O.S. § 240.22E(E), which is
deducted from the account before the financial institution remits funds to
CSS. If the levied funds are subsequently
refunded by CSS because there is a mistake of identity or the obligor did not
owe three months of child support at the time of the levy, CSS refunds any fee
charged to the appropriate account holder.
(c) Levies. Levies are for the total amount of past-due
support per 56 O.S. § 237.7. Per 56 O.S. § 240.22G, CSS automatically issues a levy for each matched account unless the NCP is in full
and timely compliance with a court-ordered payment plan. CSS considers an NCP in full and timely
compliance with a court-ordered payment plan when the NCP has made voluntary
payments of at least 92 percent of the court-ordered payment plan payments due
over the last six-full calendar months prior to the date of the levy. CSS considers a manual levy appropriate when
there is evidence the noncustodial parent has funds subject to levy not
previously considered by CSS in establishing the monthly court-ordered payment
plan. CSS requests the financial
institution not remit funds in an amount less than $50. • 1 through 3
(d) Notice of levy and
(1) CSS sends a notice of levy to an NCP
within three calendar days after sending the levy to the financial institution
per 56 O.S. § 240.22G. The notice of
(A) instructions for the NCP or a
non-obligated joint account holder to request an administrative review in
(B) a description of the grounds for
requesting an administrative review;
(C) a description of the review process;
(D) notice that failure to submit a timely
request for review in writing means the levy is final.
(2) It is the responsibility of the NCP to
notify any joint account holder(s) of the levy.
(3) Either the NCP or a non-obligated joint
account holder may request an administrative review of the levy in writing
after the date on the notice of levy per 56 O.S. § 240.22G.
(4) A non-obligated joint account holder
may request an administrative review in writing when the levied funds are not
owned by the NCP.
(5) Upon receipt of a request for an
administrative review, CSS:
(A) contacts the requesting party within
three business days to:
(i) notify the party the review has begun;
(ii) request further information as
(B) completes the review as soon as
possible, not to exceed three business days from receiving all necessary
(C) completes the review using the best
information available when the party requesting a review does not provide the
information requested by CSS within five business days of the request.
(6) The purpose of the administrative
review is to quickly resolve any obvious factual errors.
(7) After the administrative review, CSS
issues a notice of administrative review decision and information about
requesting an administrative hearing.
(e) Administrative hearing. Either the NCP or a non-obligated joint
account holder may request a hearing before the Oklahoma Department of Human
Services Office of Administrative Hearings: Child Support (OAH), by the date
specified in the notice of administrative review decision. A request for an OAH hearing must be
submitted in writing to the district office.
(f) Release of funds from levy.
(1) CSS releases funds from levy when the
person requesting review of the levy submits sufficient and credible evidence
at the administrative review that the source of the funds is:
(A) Supplemental Security Income (SSI) or
concurrent SSI and Social Security Disability Insurance (SSDI) benefits;
(B) State Supplemental Payments (SSP) for
Aged, Blind and the Disabled;
(C) Temporary Assistance for Needy Families
(D) child support payments, when the
obligor is the custodial person (CP) of a minor child(ren) and is receiving the
payments as required by a court order; or
(E) the property of the non-obligated
(2) When the account contains funds from
sources listed in (1) of this subsection as well as funds from other sources,
CSS can levy the funds that are not from a source included in the list in (1)
of this subsection. • 4
(3) Funds from a levy may be released, in
full or in part, at the discretion of the state's attorney when it is
determined the levy negatively impacts a reliable source of child support, or
is not in the best interest of the child(ren).
When the funds are not assigned to the state and the source of the funds
is not listed in (1) of this subsection, CSS considers the input of the CP when reviewing the case for release. • 1, 4 , & 5