(a) When Oklahoma Department of Human Services (DHS) Child Support Services
(CSS) receives a payment:
(1) in excess of the noncustodial parent's (NCP's) total arrears balance,
CSS returns the excess amount to the payor within 45-calendar days after discovering the over collection; •
(2) and the custodial person's (CP's) address is unknown,
CSS applies support collections to any unreimbursed public assistance debt associated with the NCP;
(3) made due to an error on the part of the payor that was not disbursed,
CSS returns it to the payor within 45-calendar days, after discovering the over collection.
CSS is not required to correct, redirect, or recover the payment unless it was retained by DHS; and
(4) that cannot be disbursed to a CP or returned to the payor or NCP and there is no debt to the State of Oklahoma,
CSS remits the payment to the DHS General Revenue Fund Treasury.
(b) When an NCP makes an overpayment, amounts less than $3 are not refunded unless issued on an Electronic Benefits Transfer (EBT) card.
Amounts less than $3 and not issued on an EBT card are remitted to the DHS General Revenue Fund Treasury.
CSS does not return over collected support amounts when the parties failed to provide
(1) a copy of the modified or vacated order; or
(2) verification of a change in physical custody of the child.
(d) When a child support modification order is effective back to the date the motion to modify was filed and the modified support amount is less than the amount previously ordered and paid, CSS:
(1) satisfies the over collection when the NCP:
(A) owes past-due child support, by crediting the arrears amount by the amount over collected; or
(B) does not owe past-due child support but owes current support, by offsetting the current child support by an amount each month to satisfy the over collected.
Unless the parties agree to another amount, CSS requests the offset not exceed 25 percent of the current child support amount; or •
(2) is not responsible for satisfying the over collection when there is no current or past due support due and the over collected support was not retained by the state.