Home Page   Services   About Us   Testimonials   Contact Us  Free Services   State Law   Support Info   Helpful Links   FAQ   The Law Office of Ronn Bisbee Child Support Laws By State Oklahoma State Profile A. General/State-At-A-Glance B. UIFSA C. Reciprocity D. Age of Majority E. Statute of Limitations F. Support Details G. Income Withholding H. Paternity I. Support Order Establishment J. Support Enforcement K. Modification and Review/Adjustment L. Lump Sum Payments M. Insurance Match 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, Private Companies and Tribes. A4. Does your State have statutes that set forth the attorney-client relationship between the State's attorney and the agency only? Yes A4.1. If yes, what is the statutory citation? 56 O.S. Section 237.3 For Additional Information - No Link Provided 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 yes, please explain. N/A B. UIFSA 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 UIFSA? 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 - http://www.oscn.net/applications/oscn/index.asp?ftdb=STOKST43&level=1 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.   C. Reciprocity C1. With what foreign countries does your State reciprocate? None C1.1. Does your State exercise its option to receive Federal Funding Participation (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 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 citation for the age of majority? 43 O.S Section 112 (E) For Additional Information - http://www.oscn.net/applications/oscn/deliverdocument.asp?citeID=385662 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 yes, 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 yes, 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. N/A E. Statute of Limitations E1. What is your State's statute of limitations for collection of past due support? We have no statute of limitations. 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. For Additional Information - No Link Provided 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 F1. What guideline type or method does your State use to calculate child support (e.g., Shared Income Model, Percentage of Income Model, and Melson Formula)? Shared Income Model. For Additional Information - http://www.okdhs.org/programsandservices/ocss/docs/computation.htm F2. Does your State charge interest on missed arrears? Interest accrues at the statutory rate of 10% per year. 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. Oklahom Administrative Code 340:25-5-168 Cash Medical Support assigned to the Medical Agency does not accrue interest. 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; Oklahoma Administrative Code 340:25-5-140.1 For Additional Information - No Link Provided F5. Will your State enforce a medical debt for 50% of the uninsured portion of a medical bill? Yes F5.1. If yes, under what circumstances? Only if there is a sum certain amount which is generally a medical costs judgment provision in a court order. F6. Does your state elect to recover costs or charge fees in your IV-D 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 - http://www.oscn.net/applications/oscn/deliverdocument.asp?citeID=71966 F9. Does your State establish, enforce, or modify spousal maintenance orders? Yes   F9.1. If yes, under what circumstances? Oklahoma only enforces spousal support orders and 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. F11. How does your State impose and collect the mandatory annual fee applicable to IV-D cases for individuals who have never received IV-A assistance? Effective October 1, 2009 the mandatory annual $25 federal fee will be collected from the custodial persons. **See F17.3** F11.1. Does your State collect the fee by retaining the support collected on behalf of the individual (but not the first $500 collected)? Yes F11.2 Does your State collect the fee from the individual applying for IV-D s.ervices? No F11.3. Does your State collect the fee from the absent parent? No F11.4. Does your State pay the fee out of its own funds? No. F12. When will your State implement the required DRA limited-assignment provision? 10/01/09, Oklahoma will no longer assign pre-assistance arrears. F13. Will your State pass through (and disregard for TANF eligibility purposes) the Excepted Portion to Families in Current Assistance cases? No. F13.1. If yes, provide the date.   F14. Will your State participate in the pass through in Former Assistance cases? No. F14.1. If yes, provide the date. F15. Will your State discontinue eligible assignments under the DRA of 2005? No F15.1. If yes, list the eligible assignments your State would discontinue. N/A F15.2. When will your State discontinue each type of assignment? 10/01/09. F16. Will your State follow PRWORA distribution ordering rules or DRA distribution ordering rules in Former Assistance cases? Oklahoma has elected to continue PRWORA distribution. F17. What are your States requirements to redirect payments from the court-order payee when a child on the order is receiving TANF with a different payee?   F17.1. What are your States requirements to redirect payments from the court-order payee when a child on the order is receiving Medicaid-only with a different payee?   F17.2. What are your State's requirements to redirect payments from the court-order payee when a child on the order is with a different payee and not receiving TANF or Medicaid only?   F17.3. How does your State collect the $25.00 annual fee on never-TANF cases? Effective October 1, 2009 a $25 federal fee will be collected from custodial persons who have never received TANF or AFDC. October 1st of each year, cases qualify for the fee after $500 has been collected and sent to the family. Once the case qualifies, the fee is withheld from the next payment and sent to the federal government. G. Income Withholding 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? That which is not considered disposable income. 56 O.S. 240.2 For Additional Information - www.oscn.net 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? N/A 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. For Additional Information - No Link Provided 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, the child support case, 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. 12 0.S.§ 1171.3 (B)(9). 56 O.S. 240.2 G9. Does your State allow direct income withholding of unemployment insurance (UI) benefits across State lines? Yes G9.1. If yes, list the name and address for the contact who will receive the direct income withholding order. 40 O.S. 2-801 Send direct withholding to: Oklahoma Employment Security Commission Attn: Benefit Division P.O. Box 52003 Oklahoma City, OK 73152 G9.2. Optional comments regarding direct withholding of UI benefits across state lines.   G10. Does your State allow direct income withholding of workers' compensation (WC) benefits across State lines? Yes G10.1. Optional comments regarding direct withholding of WC benefits across State lines. Income withholding orders and liens should be directed to the insurance carrier or employer paying the benefits. An A.E.I. (or one remedy) referral may also be sent to the interstate central registry for OK to process the IWO and lien. 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? Only if it is a legally monitory deduction. 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. For Additional Information - No Link Provided G15. How long should an employer retain the income-withholding order (IWO) after termination of an employee, in anticipation of reinstating the withholding should the employee be rehired? Until all child support to all children 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. For Additional Information - No Link Provided 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. For Additional Information - No Link Provided 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. For Additional Information - No Link Provided H. Paternity 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. For Additional Information - No Link Provided H3. Optional comments regarding paternity acknowledgment conclusive legislation. See 10 O.S. §70 and 63 O.S. § 1-311.3 For Additional Information - No Link Provided 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. For Additional Information - No Link Provided H5. Does marriage constitute a rebuttable presumption of paternity? Yes H5.1. If yes, 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). For Additional Information - No Link Provided 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 no, briefly explain. Not a presumption of paternity unless voluntary acknowledgment of paternity was completed 9-1-94 or later and filed with Oklahoma State Division of Vital Records. For Additional Information - No Link Provided 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. For Additional Information - No Link Provided H8. Does your State have a putative fathers' registry? Yes H8.1. If yes, 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. If yes, please describe any circumstances under which these fees may be waived. None. For Additional Information - No Link Provided 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 For Additional Information - No Link Provided H10.2. When did your current common law standard go into effect? 01/1907   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 party 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 statutory citation 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 - http://www.oscn.net/applications/oscn/deliverdocument.asp?citeID=71966 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. List any documents required to get the father's name on the birth certificate (e.g. is an acknowledgement of paternity needed)? The Oklahoma State Division of Vital Records 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? none H16. If there is more than one child with the same custodial party, 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? Child support agencies should send one set of documents. I. Support Order Establishment I1. Does your State use an administrative, a judicial or a combined 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? Judicial process will be used when it is more efficient than the administrative process or when administrative process is unavailable for a particular local. 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 - http://www.oscn.net/applications/oscn/index.asp?ftdb=STOKST56&level=1 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. For Additional Information - No Link Provided 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) For Additional Information - No Link Provided I4. Will your State establish support orders for prior periods? Yes I4.1. If yes, for what prior periods (e.g., birth of the child, date of separation, prenatal expenses, 5 years retroactive)? Past support may be ordered from the later of October 1, 1995 or the date of the referral or application for services to the Child Support Program (ORS 416.422). In situations where the case was "STOP" coded for lack of ability to pay, individual circumstances may apply and prior support may not be ordered for that time period. I4.2. What information or documentation does your State require to proceed? Dates public assistance was expended or date of IV-D application for services. For Additional Information - No Link Provided I4.3. Will your State allow a petition for support when the only issue is retroactive support? Yes I4.1. If yes, 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. For Additional Information - No Link Provided 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 administrative actions against the CP to compel the CP and child to submit to genetic testing. For Additional Information - No Link Provided I6. What is your State's statutory authority for the administrative process? 56 O.S. Section 237 et. seq. For Additional Information - http://www.oscn.net/applications/oscn/index.asp?ftdb+STOKST56&level=1 I7. Is there a local State law that allows an interstate administrative subpoena? No. For Additional Information - No Link Provided I8. Does your State require that a custodial party (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. For Additional Information - No Link Provided 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 party (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? No. 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? Modification. J. Support Enforcement J1. Indicate whether your state has the following enforcement remedies available. Also indicate what procedures are available (i.e., judicial, administrative, or both? 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) For Additional Information - No Link Provided J2.2. Where are your State liens filed? Real property liens are perfected by filing a "Statement of Judgment" with the County Clerk where real property is located. 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 yes, please indicate the amount. It depends on the type of property the lien is filed on. The amounts vary. 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 NCP receive notice that a MSFIDM Freeze and Seize action is an enforcement remedy and may be used by the State to collect delinquent child support? Notice is sent annually J4.2. Does your State's income withholding definition includes amounts in financial institutions? No  For Additional Information - No Link Provided J4.3. Does a new notice have to be sent when intent to Freeze and Seize is sent? Yes J4.3.1 If yes, 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? Notice to the NCP 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. For Additional Information - No Link Provided 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. N/A 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 define. N/A 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. yes, the amount of the remittance must equal or exceed $50.00. J5.6. Who is responsible for applying the minimum amount, your State or the Financial Institution? N/A 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? Ten days to request administrative review. For Additional Information - No Link Provided 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? Twenty days to request administrative hearing. J5.9. On what basis can an obligor and/or other account holders challenge/contest a freeze and seize action? Wrong person- wrong amount. For Additional Information - No Link Provided 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? N/A J5.17. Does your state have procedures in place to liquidate non-liquid assets (e.g., stocks, bonds, etc)? No J5.17.1 If yes, please provide the State statutory citation and the procedures financial institutions should follow to liquidate non-liquid assets. N/A For Additional Information - No Link Provided 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. For Additional Information - No Link Provided J5.19. How long does the Financial Institution have to send the obligor's assets to your State child support enforcement agency? 21 days. For Additional Information - No Link Provided 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. None J8. Please describe any other judicial enforcement procedures your State may have. None 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 - http://www.oscn.net/applications/oscn/index.asp?ftdb=STOKST12&level=1 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?   J15. Does your State use credit bureau reporting as an enforcement method? Yes J16. Provide which credit bureaus your State report an obligor's child support information? Transunion, Equifax - Electronic (FTP) Innovis - in process or production J16. Provide which credit bureaus your State report an obligor's child support information?   J17. Is the method for credit bureau reporting judicial, administrative or both? Administrative J17. Is the method for credit bureau reporting judicial, administrative or both?   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? Only if we are the responding state. 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?   J19. What are your State's criteria for reporting an obligor's child support information to credit bureaus? Two months arrears or $1000.00 past due. J19. What are your State's criteria for reporting an obligor's child support information to credit bureaus?   K. Modification and Review/Adjustment 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 Labor 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? N/A   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 non-custodial parent is in prison, etc. No K8.1. If yes, please explain the situation?   K8.2. What is the statutory citation 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 Certified 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: Division of 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 $15.00 per certified copy or search for death record. Please include self addressed, stamped envelope. Paternity Acknowledgments: Oklahoma Department of Human Services Child Support Enforcement 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 Support Petition and General Testimony. L. Lump Sum Payments L1. Does your State define a lump sum payment? No L1.1 If yes, please provide your State's definition. (Be specific, i.e., severance pay, incentives, relocation lump sum payments, ect)?   L1.2 Provide the statutory citation. For Additional Information - No Link Provided L2. Does your State law require employers to report lump sum payments? No L2.1 If yes, please provide the statutory citation or rule requiring employers to report this information. N/A For Additional Information - No Link Provided L3. Are employers required to report lump sums for all income withholding orders (including cases with no arrears)? No L3.1 If yes, what is the threshold amount at which a lump sum payment must be reported? N/A L4. How are employers instructed to report a pending lump sum? N/A L5. Provide the timeframe within which the child support enforcement agency must respond to the employer with instructions for attaching the lump sum. N/A L6. How long must the employer hold the lump sum before releasing the payment to the custodial parent? N/A L7. Does your State use the income withholding order to attach the lump sum payment? No L7.1 If yes, is it noted on the original order or is it sent specifically to cover the lump sum? N/A L8. Does your State use the lien/levy process to attach the lump sum payment? Yes L8.1 If yes, what is the name of the document your State uses to attach lump sum payment? Notice of Lien L9. What other documents does your State use to attach lump sum payments? None L10. Does your State require the consumer Credit Protection Act (CCPA) limits to be applied to lump sum payments? No L10.1 If yes, what are those limits? N/A For Additional Information - No Link Provided L10.2 If no, what percentage is the employer required to withhold? Up to amount of arrears L11 If an employer pays the lump sum in addition to regular wages, in a single payment, would the CCPA limits apply? No L11.1 If yes, would the employer only withhold for that period's obligation? N/A M. Insurance Match M1. The CCPA limits may apply to any insurance payments issued as an income loss replacement. Additional information on the legislative authority is provided. For Additional Information - http://www.dol.gov/esa/whd/regs/compliance/whdfs30.pdf M1.1. Additional information on the CCPA. For Additional Information - http://www.dol.gov/dol/allcfr/Title_29/Chapter_V.htm M2. Does your State have legislation that requires/mandates insurance companies doing business in your State to provide, exchange, or look-up information with your State IV-D agency to determine if a claimant owes past due child support? Yes M2.1. If yes, provide the statutory citation 56 O.S. §237B For Additional Information - http://www.oscn.net/applications/oscn/deliverdocument.asp?cite=56+o.s.+237b M2.1.2. Provide a list of information that the insurer is required to provide, exchange, or look-up with your State IV-D agency. D. 1. To comply with the requirements of this section, an insurer shall either provide the Department with information about the claimant or match information made available by the Department. 2. An insurer that elects to provide the Department with information about each claimant shall: a. provide to the Department, not less than ten (10) business days prior to making payment to such claimant: (1) the claimants name, (2) address, (3) date of birth, (4) social security number as appearing in the insurers files, and (5) such other information appearing in the insurers files as the Department may require by rule; M2.2. Provide the required timeframe that an insurer must provide, exchange, or look-up information prior to making payments to the claimant. not less than ten (10) business days prior to making payment to such claimant M2.3. List the criteria that must be met for an obligor to be eligible for your State's insurance match, exchange, look-up, or intercept program. Is the law limited to specific claimants (e.g., policyholder, beneficiary, joint policy holder), types of claims (e.g., life, property & casualty, or workers' compensation), or specific policies (e.g., annuities, short term/long term disabilities)? Mandatory law limited to: For the purposes of this section, the word "claimant" has the same meaning as defined in the Unfair Claims Settlement Practices Act in Title 36 of the Oklahoma Statutes and is limited to an individual who makes a personal injury, wrongful death, or workers compensation claim against an insured or under an insurance policy. M2.4. Is there a monetary threshold that must be met for the obligor to be eligible for your State's insurance match program? Please provide the dollar amount and/or percentage of the threshold. Yes. Prior to remitting Five Hundred Dollars ($500.00) or more on a claim under a contract of insurance, every insurer authorized to transact insurance pursuant to Title 36 of the Oklahoma Statutes shall exchange information with the Oklahoma Department of Human Services, as set forth in Section 237 of Title 56 of the Oklahoma Statutes, to ascertain whether the claimant owes past due child support to the state or to an individual to whom the Department is providing child support services. M2.5. Provide a description of the steps the law requires an insurer to take to determine whether a claimant owes past due child support (e.g., insurers are required to log into a secure web application and enter identifying information about the claimant). D. 1. To comply with the requirements of this section, an insurer shall either provide the Department with information about the claimant or match information made available by the Department. 2. An insurer that elects to provide the Department with information about each claimant shall: a. provide to the Department, not less than ten (10) business days prior to making payment to such claimant: (1) the claimants name, (2) address, (3) date of birth, (4) social security number as appearing in the insurers files, and (5) such other information appearing in the insurers files as the Department may require by rule; Insurance Companies should visit www.okdhs.org for more detailed information. M2.6. Please provide the wording of any other provision in your State law that specifies an alternative method or measure that an insurer may take to comply with the terms of the State law requiring the insurer to either provide, exchange, or look-up information with your State IV-D agency to determine if the claimant owes past due child support (e.g., if the insurer participates in the OCSE Insurance Match Program, the requirement is satisfied). Insurance Companies should visit www.okdhs.org for more detailed information. M2.7. Does your State law establish a penalty for an insurer who fails to comply with a requirement to provide, exchange, or look-up information with the State IV-D agency to determine whether a claimant owes past-due child support? If so, provide a summary of that law. Yes. H. 1. An insurer that fails, without reasonable cause, to comply with the data exchange requirements of this section shall be liable for a penalty to the Department in an amount up to Ten Thousand Dollars ($10,000.00) and be subject to an equitable action to compile compliance with the data exchange requirements. 2. In addition to the penalties in the previous paragraph, an insurer that fails to exchange information or that fails or refuses to surrender property subject to a child support lien to the Department shall be liable for the amount of the child support which should have been withheld and paid to the Department. I. The information obtained by the Department or an insurer pursuant to the provisions of this section shall be used only to aid in collection of child support. Disclosure of the information for any other purpose shall constitute a misdemeanor. Any person convicted of violating this provision shall be subject to a fine not to exceed One Thousand Dollars ($1,000.00) or imprisonment in the county jail for a term not to exceed one (1) year, or both such fine and imprisonment. For Additional Information - http://www.oscn.net/applications/oscn/deliverdocument.asp?cite=56+o.s.+237b M2.8. Does your State law protect an insurer from liability for acting in accordance with the insurance match law? YES. L. An insurer shall be immune from civil liability to an individual or agency for acting in accordance with this section. M2.9. If there is no law in place, has your State proposed or introduced legislation to require/mandate insurance companies doing business in your State to provide, exchange, or look-up information with your State IV-D agency to determine if a claimant owes past due child support? N/A For Additional Information - No Link Provided M3. If there is no law in place, are the insurers required to respond to subpoenas/ requests for information and liens/levies or IWOs? N/A M3.1. Please provide the statutory citation. N/A For Additional Information - No Link Provided M4. List the form(s) your State uses to intercept insurance payments, settlements, or awards. (e.g., IWO, Notice of Lien/Levy). IWO & Notice of Child Support Lien M5. Who is required to notify the NCP of the insurance intercept activity; the child support enforcement agency and/or the insurance agency? Oklahoma Child Support Services sends Notice to the NCP. M5.1. Please provide your statutory citation for notifying an NCP of insurance intercept. 43 O.S. § 135. Lien for Child Support Arrearages - Notice and Hearing For Additional Information - http://www.oscn.net/applications/oscn/deliverdocument.asp?cite=43+o.s.+135 M5.2. Once notified, is there an appeal period allocated and if so, indicate the number of days the NCP has to appeal. Please provide the statutory citation. No For Additional Information - No Link Provided M6. Are there attorney fees associated with the insurance intercept activity? No. M7. How does another State initiate and intercept collections from your State Workers Compensation agency? By either sending an IWO & Notice of Child Support Lien directly to the Insurance/Workers Compensation company or sending a Limited Service Interstate referral to Oklahoma Interstate Central Registry for processing. M7.1. What is the process, the points of contact, and what forms must be completed? Most Workers Compensation and Insurance Companies honor IWO and Lien documents across state lines. For information on AEI or Limited Service referrals the IV-D Agency should contact the Oklahoma Interstate Central Registry contact listed on the IRG. Dedicated To Enforcing Your Support Order.
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