Legal basis. When referring and processing intergovernmental Title IV-D cases, the Oklahoma Department of Human Services Child Support Services (CSS) is governed by:
1738B of Title 28 of the United States Code (28 U.S.C. § 1738B) and 42 U.S.C. §§
303.7 of Title 45 of the Code of Federal Regulations (45 C.F.R. §§ 302.36 and 303.7); and
(3) the Uniform Interstate Family Support Act, per Sections 601-100 through 601-903 of Title 43 of the Oklahoma Statutes (43 O.S. §§ 601-100 through 601-903) and 56 O.S. §240.9.
Definition. For purposes of this Section, forum state means the state in which the hearing is held or the responding court proceeding is filed to establish or enforce a support order.
Intergovernmental central registry. CSS operates an intergovernmental central registry, per 45 C.F.R. §§ 302.36 and
Forms. CSS uses forms issued by the Secretary of the United States Department of Health and Human Services, per 42 U.S.C. §
652 as applicable for processing intergovernmental cases. •
(1) Oklahoma is the initiating state, CSS obtains information from the other Title IV-D agency and communicates with the custodial person in Oklahoma.
(2) Oklahoma is the responding state, CSS communicates to the initiating state with which CSS has established a case. •
(3) CSS receives written communication from a party or a party's attorney, CSS sends copies to the appropriate agency or person within two-business days of receipt, per 43 O.S. §
Family violence and nondisclosure. When Oklahoma is the initiating state and a party claims family violence, CSS does not release the physical address of the party without a court order. CSS:
(1) enters the address of record, when designated, or the district office's address instead of the physical address of the party requesting nondisclosure on the Child Support Enforcement Transmittal # 1, Initial Request, and on the General Testimony, when applicable;
(2) does not file the interstate transmittal forms with the tribunal;
(3) does not release a copy of the interstate transmittal form to the other party, per Oklahoma Administrative Code (OAC)
(4) seeks an order from the appropriate tribunal regarding release of the information when the initiating state, responding state, or a party requests release of specific identifying information, per 43 O.S. §
Services provided. Except as provided in (1) through (4) of this subsection, CSS
processes intergovernmental cases in the same manner as intrastate cases, per OAC
Evidence. If one of the parties is a nonresident of the forum state,
arranges for telephonic testimony at the request of the nonresident party or a Title IV-D agency, and requests the court to admit evidence, per 43 O.S. §
One-state processing. In the absence of an order to establish paternity or support,
uses a one-state process to establish an order if personal and subject matter jurisdiction may be exercised over a nonresident party, per 45 C.F.R. §
303.7 and 43 O.S. §
Determination of controlling order.
When there are multiple orders for current support for the same child, CSS
seeks a determination of controlling order (DCO) or a new order from the appropriate tribunal, per 43 O.S. § 601-207 and 43 O.S. §§
(A) When making the arrears calculation for the DCO proceeding, CSS applies the law of the respective issuing states in determining the arrears under each order.
(B) Once the court issues a DCO, CSS applies the law of the controlling order state to the consolidated arrears, even when the support orders of other states contributed a portion to those arrears.
Redirection of payments. Per 43 O.S. §§
(A) CSS issues a notice to redirect payments to the Title IV-D agency in the state in which the custodial person resides and issues an Order/Notice to Withhold Income for Child Support to implement the order when:
(i) Oklahoma is the state that issued the child support or income assignment order;
(ii) neither the noncustodial parent, custodial person, or any child lives in Oklahoma; and
(iii) CSS or another Title IV-D agency makes the request.
(B) CSS issues a notice to redirect payments to the Title IV-D agency in the state of residence of the custodial person when:
(i) a child support or income assignment order was issued;
(ii) neither the noncustodial parent, custodial person, or any child lives in the issuing state; and
(iii) Oklahoma provides child support services. •
(C) CSS furnishes a certified record of payments to a requesting party or tribunal when CSS receives redirected payments, per 43 O.S. §
Limited services. CSS provides limited services only at the request of an initiating interstate Title IV-D agency or an international central authority, per 43 O.S. §§ 601‑101 through 901 and 45 C.F.R. §
303.7. CSS provides limited services, when appropriate, even when an individual noncustodial parent or custodial person does not reside in Oklahoma. Request for limited services not listed in 45 C.F.R. §
303.7 must be approved by the CSS director or appointed designee.
Determination of arrears. When Oklahoma has personal and subject matter jurisdiction and can obtain service of process on the noncustodial parent, CSS uses the annual notice, notice of support debt, contempt, or other appropriate proceedings to determine past support and interest before requesting a tribunal of another state to enforce.
Choice of law. The applicable law for determination of duration of support and other choice of law issues is controlled by subsection (h) of the Full Faith and Credit for Child Support Orders Act, per 28 U.S.C. §
1738B(h) and 43 O.S. §§
601-616. The law of the initial controlling order state governs the duration of support even after the order is modified by another state.
Genetic testing. When genetic testing is required in intergovernmental cases, the responding state is responsible for paying the cost of testing, per 45 C.F.R. §