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Oklahoma State Profile |
Updated on 08 Aug 2007
Certified on 14 Sep 2007
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A. General/State-At-A-Glance |
 |
| A1. What is your State's program administration/operation type (State administered/State operated, State administered/County operated, or a combination)? |
State administered. |
| A2. How many local IV-D offices are in your State (excluding agencies with cooperative agreements)? |
40 offices |
| A3. With what types of agencies do you have cooperative agreements? |
District Attorneys, Community Action Program, and Private Company. |
| A4. Does your state have statutes setting forth the attorney-client relationship between the state's attorney and the agency only? |
Yes |
| A4.1. If so, what is the statutory citation? |
56 O.S. Section 237.3 |
| A4.2. Did your state have the State's Bar Counsel issue an opinion setting for the attorney-client relationship? |
No, because we have case law which was later codified in the previously mentioned statute: Haney vs. State, 850 P.2d 1087 (1993) |
| A4.3. If so, please explain. |
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B. UIFSA |
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| B1. What is the enactment date of your State's Uniform Interstate Family Support Act (UIFSA)? |
05/1994 |
| B2. What is the effective date of your State's Act? |
09/01/1994 |
| B3. What is the statutory citation for your State's Act? |
43 O.S. Section 601-100 through 601-901.
For Additional Information - Click Here |
| B4. What version of UIFSA has your state implemented (i.e the 1996 or 2001 version)? |
2001 |
| B4.1. If your state has implemented the 2001 version, when was it implemented? |
Effective November 1, 2004 |
| B5. Optional comments regarding your State's UIFSA Act. |
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C. Reciprocity |
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| C1. With what foreign countries does your State reciprocate? |
Australia, Saskatchewan, Czech Republic, Germany, Sweden, United Kingdom, Scotland and Canadian Provinces:(Alberta, New Brunswick, Ontario and Quebec) British Columbia, Manitoba, Nefounland, Novia Scotioa, Norway, Poland, Brazil, Netherlands, New Zealand, Ireland, Portugal. |
| C1.1. Does your state exercise its option to receive FFP for enforcement of spousal-only orders for foreign reciprocating countries? |
No |
| C1.2. If yes, please explain. |
No, we only enforce spousal orders if there is also a current child support order. |
| C2. Has your State established reciprocity with any tribal courts? |
Yes |
| C2.1. If yes, list the tribes and identify services provided, if less than full services. |
Chickasaw Nation has their own IV-D program and has agreements with the Absentee Shawnee tribe, Cherokee Nation, Choctaw Nation, Creek Nation, Osage Nation, Sac & Fox Nation, and Seminole nation. |
D. Age of Majority |
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| D1. What is the age of majority in your State? |
Effective 8/31/06, 18 years of age or up to the 20th birthday if the child is regularly enrolled and attending high school. |
| D2. What is the statutory cite for the age of majority? |
43 O.S Section 112 E
For Additional Information - Click Here |
| D3. If not addressed in the order, at what age is child support automatically terminated as a matter of State law? Qualify, if necessary. |
Effective 8/31/06 18 or up to 20 if child is still regularly enrolled and attending high school. |
| D4. Does the date of the order impact what law is applied? |
No |
| D4.1. If so, please explain. |
Our duration of support law has changed over the years; however, based on case law, the current duration of support law applies even if the law may have been different when the order was entered. Carr vs Carr 834 P.2d 970 |
| D5. Does child support end if the child leaves the household but does not emancipate? |
No |
| D5.1. Optional comments regarding emancipation. |
Our duration of support law has changed over the years; however, based on case law, the current duration of support law applies even if the law may have been different when the order was entered. Carr vs Carr 834 P.2d 970 |
| D6. Does your State allow support to be paid beyond the age of majority under any circumstances (e.g. the child is handicapped or in college)? |
Yes |
| D6.1. If so, please explain. |
Refer to 43 O.S. Section 112.1A - Disabled adult children |
| D7. Does your state automatically reduce current support owed for remaining children after one of the children in an order reaches the age of majority or other wise emancipates? |
No |
| D7.1. If yes, please describe the procedure. |
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E. Statute of Limitations |
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| E1. What is your State's statute of limitations for collection of past due support? |
We have no statute of limitation's. 43 O.S. Section 137 B 12 O.S. Section 95(10) |
| E2. What is your State's statute of limitations for paternity establishment? |
Any time before child's 18th birthday. The child may bring an action any time before the age of 19. |
| E3. Is dormancy revival/renewal possible? |
Yes |
| E3.1. Please explain the circumstances when possible, and the length of time possible. |
Refer to 43 O.S. Section 137 (B). Dormancy only applies to real property and can be revived by execution or renewal within 5 years from the date of the judgment or last execution. |
F. Support Details |
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| F1. What guideline type or method does your State use to calculate child support (e.g., Shared Income Model, Percentage of Income Model, Melson Formula)? |
Shared Income Model. |
| F2. Does your State charge interest on missed arrears? |
Yes |
| F2.1. If yes, please indicate the amount of interest charged and any related conditions. |
43 O.S. Section 114 Interest accrues at the statutory rate of 10% per year. |
| F3. Does your State charge interest on retroactive support? |
Yes |
| F3.1. If yes, please indicate the amount of interest charged and any related conditions. |
Interest accrues at the statutory rate of 10% per year. |
| F4. Does your State charge interest on adjudicated arrears? |
Yes |
| F4.1. If yes, please indicate the amount of interest charged and any related conditions. |
Interest shall not exceed 10% per year. 43 O.S. Section 114; OAC 340:25-5-140.1 |
| F5. Will your State enforce a medical debt for 50% of the uninsured portion of a medical bill? |
Yes |
| F5.1. If so, under what circumstances? |
Only if there is a sum certain amount which is generally a medical costs judgment provision in a court order. |
| F6. Have you elected to recover costs or charge fees in your State Plan? |
Yes |
| F6.1. If yes, what costs are recovered from/fees charged to the obligee? |
None. |
| F6.2. What costs are recovered from/fees charged to the obligor? |
Genetic test costs are recovered from the putative father, if paternity is established. |
| F7. Does your State recover costs on behalf of the initiating State? |
Yes |
| F7.1. Optional comments regarding recovering of initiating State's fees. |
Genetic test cost are recovered from the putative father, if paternity is established. |
| F8. Please provide a citation for your State's long-arm statute to establish and/or enforce child support. |
43 O.S. Sections 601-201 and 601-202, 601-202(UIFSA), and 604-501.
For Additional Information - Click Here |
| F9. Does your State establish, enforce, or modify spousal maintenance orders? |
Yes |
| F9.1. If yes, under what circumstances? |
Enforce only if there is also a child support order. |
| F10. Does your State require the initiating State to include information about the new spouse or partner upon a request for establishment or modification (See General Testimony, See AT 05-03)? |
No |
| F10.1. Optional comments regarding required information on spouse or partner. |
Additional information may be requested in appropriate cases. |
G. Income Withholding |
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| G1. What term(s) does your State use to refer to income withholding (e.g., wage withholding)? |
Income withholding. |
| G2. What specific source of income is not subject to withholding? |
None
For Additional Information - No Link Provided |
| G3. Does your State have any limits on income withholding in addition to the Consumer Credit Protection Act (CCPA) limits? |
No |
| G3.1. If yes, what are those limits? |
|
| G4. What is the allowable fee per pay period for processing income withholding payments? |
$5.00 per pay period not to exceed $10.00 per month. |
| G5. After receiving an income withholding order or notice, what is the date by which the employer is required to implement income withholding? |
Upon the next payment to the obligor. |
| G6. What is the date by which an employer must remit amounts withheld from an employee's pay? |
Within seven (7) days after the date the obligor is paid. |
| G7. What are your State's procedures for sanctioning employers for not implementing income withholding? |
Actions are filed in small claims court or district court. |
| G8. What is the penalty to an employer for failure to remit payments withheld? |
A judgment for the amount that should have been withheld and paid and up to $200 per each failure to make the required deductions. 120.S.§ 1171.3 (B)(9). |
| G9. Does your State allow direct income withholding of unemployment insurance benefits across State lines? |
Yes |
| G9.1. Optional comments regarding direct withholding of UI benefits across State lines. |
40 O.S. 2-801 Send direct withholding to: Oklahoma Employment Security Commission Attn: Benefit Division P.O. Box 52003 Oklahoma City, OK 73152 |
| G10. Does your State allow direct income withholding of workers' compensation benefits across State lines? |
Yes |
| G10.1. Optional comments regarding direct withholding of WC benefits across State lines. |
Income withholding order should be directed to the insurance carrier or employer paying the benefits. |
| G11. How does an obligor contest income withholding in your State? |
By filing an action in District Court. |
| G12. When the obligor has more than one claim for child support against his/her income, indicate your State's priority scheme for income withholding orders (e.g., employer should allocate available amount for withholding equally among all orders or prorate available amount across orders). |
1st - In-State cases 2nd - Incoming interstate cases 3rd - Incoming high volume administrative enforcement cases Oklahoma Administrative Code 340:25-5-351 |
| G12.1. If an employer in your State receives more than one income withholding order for child support from other States, can the employer request your assistance? |
Yes |
| G12.2. If assistance is not available, explain how employers should proceed. Please provide a citation for the State law that governs how they should proceed. |
For Additional Information - No Link Provided |
| G13. Does your state require any mandatory deductions, such as union dues, medical insurance premiums, etc., to arrive at net pay from gross pay when calculating disposable income for child support purposes? |
|
| G14. When does your state require the employer to send notice of an employee's termination? |
Within 10 days of the date the obligor terminates employment. |
| G15. How long should an employer retain the IWO after termination of an employee, in anticipation of reinstating the withholding should the employee be rehired? |
Until all chils support to all chilren is paid in full or until a termination of the IWO is received. |
| G16. Does the State charge any fee to the obligor that the employer is required to withhold and remit to the State? |
No. |
| G17. Does your State offer an alternate web-based payment mechanism in addition to paper and EFT/EDI? |
Yes. |
| G18. Can a direct income withholding be sent to any of the following in your State: employer, financial institution (explain what institutions), Bureau of Workers Compensation, or other income payer? |
Yes, to an employer, a workers' compensation insurance carrier, or a Social Security Administration office. |
| G19. If there is insufficient income for an employer to withhold for both the total amount of child support and medical support, describe your State's prioritization between child support and medical support. |
The current child support is paid in full first, then the employer is to withhold the insurance premium amount. |
H. Paternity |
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| H1. When your State enters an order establishing paternity, are issues of custody and visitation also addressed? |
No |
| H1.1. If yes, please explain. |
When the IV-D agency brings the action we do not address these issues. If the CP or NCP raise these issues in an action we bring or is brought privately, the court can address these issues in a paternity order. |
| H2. What is the percentage of probability for genetic testing that creates a rebuttable or conclusive presumption of paternity? |
Rebuttable at 95% or more; conclusive at 98% or more. |
| H3. Optional comments regarding paternity acknowledgment conclusive legislation. |
See 10 O.S. §70 and 63 O.S. § 1-311.3 |
| H4. What is the effective date of the State law that makes paternity acknowledgments conclusive? |
09/01/1994 |
| H4.1. Were acknowledgments prior to that effective date rebuttable? |
Yes |
| H4.2. Optional comments regarding paternity acknowledgments prior to that date. |
Acknowledgments done before this date are not a presumption of paternity. |
| H5. Does marriage constitute a rebuttable presumption of paternity? |
Yes |
| H5.1. How is the presumption rebutted? |
A husband, wife, putative father or their descendants may file a court action within 2 years of the child's birth if the child is reared by the parents as a family member (12 O.S. Section 3). Or by filing a Husband's Denial of Paternity form with an Affidavit Acknowledging Paternity signed by the natural father. (12 O.S. Section 70). |
| H6. If the father's name is on the birth certificate and paternity has not been established by any other means does this mean that paternity is conclusively determined? |
No |
| H6.1. If not, briefly explain. |
Not a presumption of paternity unless voluntary acknowledgment of paternity was completed 9-1-94 or later and filed with Oklahoma State Department of Health, Vital Records Services. |
| H7. Does your State have any other paternity-related presumptions? |
Yes |
| H7.1. If yes, briefly explain. |
Refer to 10 O.S. Section 504 and 505; 56 O.S. Section 238 6.B. |
| H8. Does your State have a putative fathers' registry? |
Yes |
| H8.1. If so, what is the name of that entity? |
Centralized Paternity Registry 10 O.S.7506-1.1 |
| H9. Are there any fees for requesting searches, paternity documents, and data from your State Bureau of Vital Statistics? |
Yes |
| H9.1. Please describe any circumstances under which these fees may be waived. |
None. |
| H10. Is common law marriage recognized in your State? |
Yes |
| H10.1. If yes, briefly describe the standard that defines common law marriage. |
Elements are based on case law and are issues for the court to decide. We treat these cases as paternity cases. OAC 340: 25-5-176 ITS 1 |
| H10.2. When did your current common law standard go into effect? |
1907 |
| H10.3. If there was a common law standard in effect prior to your current standard, what was that standard and when did it go into effect? |
N/A |
| H11. When the custodial parent and/or other witnesses are not able to appear in person for paternity hearings, what methods of testimony are acceptable (e.g., written, videotape, teleconferencing) |
This depends on the judge. Administrative Law Judges generally allow testimony by telephone. |
| H12. Please give the cite for your State's long arm statute and list any special provisions. |
43 O.S. Sections 601-201 and 601-202(UIFSA).
For Additional Information - Click Here |
| H13. Does your State recover genetic testing costs for other States? |
Yes |
| H13.1. If so, please explain. |
Genetic test costs are recovered from the putative father, if paternity is established. |
| H14. Are there any other documents that are required to get the father's name on the birth certificate (e.g. is an acknowledgement of paternity needed)? |
The Oklahoma State Department of Health, Vital Records Services will add the fathers name to the child's birth certificate upon receipt of an original Paternity Acknowledgment or a certified copy of an Order of Paternity. |
| H15. What is the effective date of the State law that makes a father's name on the birth certificate a conclusive determination of paternity? |
|
| H16. If there is more than one child with the same custodial parent, and the same alleged father, should one set of documents be sent to your state (with a paternity affidavit for each child) or should a separate packet be sent for each child? |
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I. Support Order Establishment |
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| I1. Does your State use an administrative or a judicial process to establish a support obligation? |
Both. |
| I1.1. If your State can establish under both, under what circumstances would the administrative process be used? |
Most offices use the administrative process. |
| I1.2. Under what circumstances would the judicial process be used? |
Some offices do not use the administrative processas they do not yet have an assigned Administrative Lse Judge and actions are filed in District Court. |
| I1.3. If your State uses an administrative process, provide the statutory citations for your State's administrative procedures. |
56 O.S. Section 237 et. seq.
For Additional Information - Click Here |
| I2. In setting support under your State's guidelines, whose income is considered in addition to the NCP (e.g., new spouse's or child's) |
Other parent of the child for whom support is being determined. |
| I3. What criteria for rebutting your presumptive guidelines have been established in your State? |
Court can deviate if award would be inequitable, unreasonable or inappropriate under the circumstances, or not in the best interest of the child; a specific finding of fact supporting such an action must be made by the court. 43 O.S. Section 118(B) |
| I4. Will your State establish support orders for prior periods? |
Yes |
| I4.1. If so, for what prior periods (e.g., birth of the child, date of separation, prenatal expenses, 5 years retroactive)? |
Five (5) year limit for paternity cases and non paternity TANF cases only. |
| I4.2. What information or documentation does your State require to proceed? |
Guidelines information for the prior period. Documentation of income for both parties for the period; evidence of custody; evidence of child support orders for other children and documentation of payment being actually made. |
| I4.3. Will your State allow a petition for support when the only issue is retroactive support? |
No |
| I4.4. If there are limitations upon your State's ability to establish support for prior periods, please specify. |
Retroactive support allowed only in non paternity only if TANF expended and current child support is being sought. |
| I5. What actions can your State perform using the administrative process? Does your State use an administrative process for paternity, establishment, modification and the enforcement of child support? |
All actions except contempt. We can bring actions against the CP to compel the CP and child to submit to genetic testing. |
| I6. What is your State's statutory authority for the administrative process? |
56 O.S. Section 237 et. seq.
For Additional Information - Click Here |
| I7. Is there a local State law that allows the interstate administrative subpoena? |
|
| I8. Does your State require that a custodial person (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is being expended? |
No. |
| I9. Does your State require that a custodial person (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is/or is not being expended? |
No. |
| I10. Does your State require that a custodial person (who is not one of the biological parents) to have legal custody of a child before enforcing an order for support that was issued as the biological parents as the parties for non public assistance cases? |
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| I11. When your state has issued an order that reserves support, and now child support should be ordered, should the other state request an establishment or a modification action? |
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J. Support Enforcement |
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| J1. Indicate whether your state has the following enforcement remedies available. Also indicate what procedures are available (i.e, judicial, administrative, or both? |
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| J1.1. Are your State income tax refund procedures judicial, administrative, or both? |
Administrative. |
| J2. Is the lien process in your State judicial, administrative or both? |
Administrative |
| J2.1. What are the trigger criteria for filing a lien? |
Past due amounts become a lien by operation of law. 43 O.S. 135(B) |
| J2.2. Where is your State liens filed? |
Real property liens are perfected by filing a "Statement of Judgment" with the County Clerk where real property is located. County Clerk. See www.OSCN.net for a listing of County Clerks. Personal property liens are perfected in different ways, depending on the type of property. |
| J2.3. Does your State charge a fee for filing a lien? |
Yes |
| J2.4. If so, please indicate the amount. |
|
| J.3. Does your State enforce property seizure and sale? |
Yes |
| J3.1. Are the property seizure and sale procedures judicial, administrative, or both? |
Judicial. Exempt property may not be sold by forced sale. |
| J4. Are the MSFIDM Freeze and Seize procedures in your State judicial, administrative, or both? |
Administrative. |
| J4.1. When must a non-custodial parent (NCP) receive notice that a MSFIDM Freeze and Seize action is an enforcement remedy and may be used by the State to collect deliquent child support? |
Notice is sent annually |
| J4.2. Does your State's income withholding definition include amounts in financial institutions? |
No |
| J4.3. Does a new notice have to be sent when intent to Freeze and Seize is sent? |
Yes |
| J4.3.1 If so, who notifies the NCP, the State or Financial Institution? |
The state. |
| J5. What are the time frames if a new notice of intent to Freeze and Seize must be sent? |
, 3 days following notice to Financial Institution. |
| J5.1. What are the criteria that must be met to deem an obligor eligible for Freeze and Seize action in your state? |
Arrears must equal the child support payable for at least 90 days. |
| J5.2. What is the minimum dollar amount that the obligor must be delinquent prior to becoming eligible for asset seizure? |
Different for each NCP. Arrears must equal the child support payable for 90 days. |
| J5.3. Is there a specified amount of time for the obligor to be delinquent prior to proceeding with Freeze and Seize? |
No. |
| J5.3. 1. If yes, please provide the time frame. |
|
| J5.4. Are only a certain percentage of the obligor's financial assets eligible for Freeze and Seize? |
Yes |
| J5.4.1. If yes, please provide the percentage. |
100% |
| J5.4.2 . Is the percentage different for joint accounts? |
No |
| J5.4.3. If yes, please provide the amount. |
|
| J5.5. Does your state require that a minimum amount of money must be in a financial account for the funds to be eligible for Freeze and Seize action? If so please provide the amount. |
No. |
| J5.6. Who is responsible for applying the minimum amount, your State or the Financial Institution? |
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| J5.7. How long does the obligor and/or account holders have to contact your State child support enforcement and/or court to challenge the Freeze and Seize action? |
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| J5.8. If State law and/or policy allows for a second contest to Freeze and Seize action, how long does the obligor and/or joint account holder have to contact your state child support agency or court to challenge the Freeze and Seize action? |
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| J5.9. On what basis can an obligor and/or other account holder challenge/contest a freeze and seize action? |
Wrong person- wrong amount. |
| J5.10. Is your State's complaint review process judicial, administrative or both? |
Administrative. |
| J5.11. What are your State's penalties for incorrect seizures? |
None |
| J5.12. Is the second challenge administrative, judicial or both? |
Administrative. |
| J5.13. What are your State's appeal time frame, unique appeal requirements and recourse for non-debtor accounts? |
30 days after Administrative order entered. No unique requirements. Non-debtor has same review and appeal rights as obligor. |
| J5.14. Is the Freeze and Seize operation in your state centralized or automated? |
Automated levies are centralized. Matches not meeting automated criteria are referred to district offices for review and potential manual levy. |
| J5.15. Are there additional Freeze and Seize requirements or limitations not otherwise noted in this profile? |
No |
| J5.16. Has your state established a minimum benefit amount that must be met for a financial institution to proceed with the Freeze and Seize action? |
No |
| J5.16.1. If yes, what is the amount? |
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| J5.17. Does your state have procedures in place to liquidate non-liquid assets (e.g., stocks, bonds, etc)? |
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| J5.17.1 If yes, please provide the state authority and the procedures Financial Institutions should follow to liquidate non-liquid assets. |
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| J5.18. Does your state law/policy instruct the Financial Institution or state to hold the frozen assets during the challenge/appeal time frame and/or freeze period? |
Financial Institution holds frozen funds for initial 21 days. Freeze continues for a total of 60 days with remittance after each additional seizure. |
| J5.19. How long does the Financial Institution have to send the obligor's assets to your state child support enforcement agency? |
21 days. |
| J5.19.1 . If yes, please define. |
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| J6. Does your state withhold state funds or benefits? |
Yes |
| J6.1. If yes, is the method of withholding state benefits judicial, administrative, or both? |
Both |
| J7. Please describe any other administrative enforcement procedures your state may have. |
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| J8. Please describe any other judicial enforcement procedures your state may have. |
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| J9. If your state has established specific procedures for registering administrative liens, what are the procedures that another state must follow? |
Procedures are under development.
For Additional Information - No Link Provided |
| J10. Which of our state's enforcement remedies are available without registration? |
Tax offset, credit bureau reporting, FIDM, and income withholding - current support only unless payment plan ordered. |
| J11. Describe your state's registration and enforcement procedures. |
Registration is to occur at the time the enforcement action is taken. Registration is done administratively or through district court depending on the local office and the type of remedy being used. |
| J12. After registration, describe additional judicial procedures required, if any, to enforce a support order. |
None. |
| J13. Has your state adopted the Uniform Enforcement of Foreign Judgments Act (UEFJA)? |
Yes |
| J13.1. If yes, please provide the statutory citation. |
12 O.S. Section 719-726
For Additional Information - Click Here |
| J14. Does your state's law require financial institutions doing business in your state to accept Freeze and Seize actions directly from other states? |
No |
| J14.1. If no, describe the process for a Freeze and Seize action from another state's IV-D agency (e.g., Transmittal #3, Transmittal #1, and list additional documentation required). |
A transmittal #1 clearly marked for FIDM levy ONLY, a copy of the Child Support Order, the FIDM information and a current arrears computation should be sent to the Interstate Central Registry. Additional information may be requested. Transmittal must have CSE initiating workers direct contact information (Telephone # & e-mail address). |
| J15. Does your state use credit bureau reporting as an enforcement method? |
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| J16. Provide which credit bureaus your state report an obligor's child support information? |
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| J17. Is the method for credit bureau reporting judicial, administrative or both? |
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| J18. In an interstate case, does your state report an obligor's child support information to credit bureaus when it is the initiating state, the responding state, or both? |
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| J19. What are your state's criteria for reporting an obligor's child support information to credit bureaus? |
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K. Modification and Review/Adjustment |
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| K1. With what frequency are reviews conducted in IV-D cases (e.g., every year, every three years)? |
If requested, once a year if the non-requesting party is located or district offices may initiate reviews at any time per 43 O.S.§118.1. |
| K2. On what basis are the reviews conducted (e.g., on request of the CP, NCP in non-TANF cases, automatically in TANF cases)? |
Upon request of the NCP, CP or the State. |
| K3. Briefly describe your State's modification procedure. |
Once case is reviewed and determined to be appropriate for a modification, we attempt to obtain an agreement from the parties to the proposed adjustment. If no agreement is reached, the parties are given 15 days to object to the recommendation of the CSE by submitting additional information. A hearing date is set for the court to approve the Order of Modification. |
| K4. What are your criteria for modification (e.g., $50 or 20% from present order)? |
The amount of the support award must deviate from the existing award by an amount greater than 10%. |
| K5. Which of the following criteria for demonstrating a change in circumstances apply, if any? |
|
| K5.1. The earnings of the obligor have substantially increased or decreased. |
Yes |
| K5.2. The earnings of the obligee have substantially increased or decreased. |
Yes |
| K5.3. The needs of a party or the child(ren) have substantially increased or decreased. |
Yes |
| K5.4. The cost of living as measured by the Federal Bureau of Vital Statistics has changed. |
No |
| K5.5. The child(ren) have extraordinary medical expenses not covered by insurance. |
Yes |
| K5.6. There has been a substantial change in child care expenses. |
Yes |
| K5.7. What other criteria does your state use for demonstrating a change in circumstances or comments regarding change of circumstances? |
When an order is not in compliance with the child support guidelines or visitation exceeds 120 nights per year. |
| K6. Does your State have cost of living adjustments (COLAs)? |
No |
| K6.1. If so, what index does your State use? |
|
| K7. How does your state credit SSA disability to current and past due support? |
For current support, the amount of Social Security benefit the child receives from the non custodial parent for disability or retirement is added to the NCP's gross income in preparing the child support guidelines. We then ask the court to deviate from the guidelines to give credit against the base child support amount for the amount of the monthly Social Security benefit payment to the child. |
| K8. Does your state abate support? For example, when the child is not living with the custodial parent for more than 30 days and there has not been a change in custody, or when the noncustodial parent is in prison, etc. |
No |
| K8.1. If so, please explain the situation? |
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| K8.2. What is the statutory cite for your abatement law? |
For Additional Information - No Link Provided |
| K8.3. What documents are required for each type of referral other than UIFSA referrals? For example, pay records and certifications for TANF, etc. |
Enforcement- Certified copy of payment affidavits and Certifie3d copy of any child support orders. Establishment/Modification- Child Care expenses, Insurance information including cost, certified copies of payment affidavits. |
| K8.4. Please provide information to obtain copies of paternity acknowledgements/affidavits and birth records, including where to make requests and the cost of processing the requests. |
Birth or Death Certificates: Vital Records Services Oklahoma State Department of Health 1000 N.E. 10th Oklahoma City, OK 73117 (405) 271-4040 http://www.health.state.ok.us/program/vital/brec.html Cost is $10.00 per certified copy or search for death record. Please include self addressed, stamped envelope. Paternity Acknowledgments CSED-209 Affidavit Acknowledging Paternity: Oklahoma Deparmtnet of Human Services Child Support Enforcment Division P.O. Box 53552 Oklahoma City, OK 73126 (405) 522-4570 fax |
| K9. What information is required to register an out-of-state order for enforcement/modification? |
Enforcement: 1 certified copy of orders Registration Statement Transmittal 1 Record of Payment Modification: Information listed above, plus: Uniform Spport Petition General Testimony |
L. Lump Sum Payments |
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| L1. Does your state define a lump sum payment? |
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| L1.1 If yes, please provide your state's definition. (Be specific, i.e., severance pay, incentives, relocation lump sum payments, ect)? |
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| L1.2 Provide the statutory citation. |
For Additional Information - No Link Provided |
| L2. Does your state law require employers to report lump sum payments? |
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| L2.1 If yes, please provide the statutory citation or rule requiring employers to report this information. |
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| L3. Are employers required to report lump sums for all income withholding orders (including cases with no arrears)? |
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| L3.1 If yes, what is the threshold amount at which a lump sum payment must be reported? |
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| L4. How are employers instructed to report a pending lump sum? |
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| L5. Provide the timeframe within which the child support enforcement agency must respond to the employer with instructions for attaching the lump sum. |
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| L6. How long must the employer hold the lump sum before releasing the payment to the custodial parent? |
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| L7. Does your state use the income withholding order to attach the lump sum payment? |
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| L7.1 If yes, is it noted on the original order or is it sent specifically to cover the lump sum? |
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| L8. Does your state use the lien/levy process to attach the lump sum payment? |
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| L8.1 If yes, what is the name of the document your state uses to attach lump sum payment? |
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| L9. What other documents does your state use to attach lump sum payments? |
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| L10. Does your state require the consumer Credit Protection Act (CCPA) limits to be applied to lump sum payments? |
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| L10.1 If yes, what are those limits? |
For Additional Information - No Link Provided |
| L10.2 If no, what percentage is the employer required to withhold? |
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| L11 If an employer pays the lump sum in addition to regular wages, in a single payment, would the CCPA limits apply? |
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| L11.1 If yes, would the employer only withhold for that period's obligation? |
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