Oklahoma Administrative Code
Title 340 - Department of Human Services
Chapter 25 - Child Support Services
Subchapter 1 - Scope and Applicability
Section 340:25-1-1.1 - Definitions
Current through Vol. 42, No. 1, September 16, 2024
The following words and terms, when used in this Chapter, shall have the following meanings unless the context clearly indicates otherwise:
"Address of record" or "AOR" means an address for a party or a custodial person (CP) in the Central Case Registry of Child Support Services (CSS) used for service of process in support, custody, and visitation actions. An AOR may be different from the party's or CP's physical address.
"Alleged father" means a man who alleges himself to be, or is alleged to be, the genetic father or a possible genetic father of a child, but whose paternity has not been determined per Section 7700-102 of Title 10 of the Oklahoma Statutes (10 O.S. § 7700-102).
"Alternative health coverage" means health care services other than health insurance including, but not limited to, Indian Health Services (IHS) or Defense Eligibility Enrollment Reporting System (DEERS) available to either parent under which medical services could be provided to the dependent child(ren).
"Annual notice" means the yearly notice provided for in 56 O.S. § 237A to notify the noncustodial parent (NCP) and CP of the amount due, actions that may be taken to enforce the child support obligation, actions required of the NCP and CP, and other related information and instructions.
"Applicant" means the individual who requests child support services or is referred by another agency or program for child support services.
"Arrears,""arrearage," or "past-due support" means the total amount of unpaid support obligations accrued under a support order. Refer to "delinquency" in this Section.
"Assignment" means any transfer of rights to support to the state of Oklahoma under Sections 608 and 671 of Title 42 of the United States Code (42 U.S.C. §§ 608 and 671) or any transfer of rights to medical support and to payment of medical care from any third party under Section 433.146 of Title 42 of the Code of Federal Regulations (42 C.F.R. § 433.146) .
"Authorized representative" means a person designated by a CP, NCP, or biological parent per Oklahoma Administrative Code (OAC) 340:25-1-3.1.
"Biological parent" means the natural parent of a child.
"Case" means the relationship of a particular group of people bound by legal rights and duties for the support of a child(ren) who is receiving or received child support services and all records and actions associated with the group.
"Cash medical support" means an amount ordered to be paid toward the cost of health coverage provided by a public entity or by a person other than the parents through employment or otherwise per 43 O.S. §118F.
"Central Case Registry" or "CCR" means Oklahoma's repository for Part D of Subchapter IV of Chapter 7 of Title 42 of the United States Code (Title IV-D) cases and child support orders established or modified in Oklahoma after October 1, 1998. It includes, but is not limited to, information required to be transmitted to the Federal Case Registry per 42 U.S.C. § 654a. CSS maintains the CCR per 43 O.S. § 112A.
"Centralized Support Registry" means a repository CSS maintains to receive, allocate, and distribute support payments, including child support, spousal support when paid in conjunction with child support, and related support payments per 43 O.S. § 413. It serves as Oklahoma's State Disbursement Unit per 42 U.S.C. § 654b. The Centralized Support Registry processes payments per 43 O.S. § 413:
(A) inall casesin whichchild support services are being provided under the state child support plan as provided under Section 237 of Title 56 of the Oklahoma Statutes until all monies owed for child support are no longer owed;
(B) inall other cases in which support is being paid by income withholding;and
(C) when a court orders payments to be made through the Centralized Support Registry.
"Child support order" means an obligation addressing monetary support, cash medical support, medical support for the child(ren), and support arrearage and arrearage payments, when any.
"CSED" means Oklahoma Human Services (OKDHS) Child Support Services and was replaced by Child Support Services.
"CSS" means Child Support Services. CSS includes a central state office, district offices, and other offices that may be administered through contract or cooperative agreements with district attorneys, community action program agencies, and others. CSS includes all these offices, employees, and agents. CSS was formerly known as CSED and Oklahoma Child Support Services (OCSS).
"Current child support" means the base child support obligation and the proportional share of health insurance costs, fixed medical costs, transportation expenses, and annualized child care costs. Current child support does not include cash medical support.
"Custodial person," "custodian," or "CP" means the person who has primary physical custody of the child(ren).
"Delinquency" means any payment under an order for support which becomes due and remains unpaid per 12 O.S. §1170 and 56 O.S. § 237.7.
"DHS" means Oklahoma Human Services, also known as OKDHS, which is the state agency designated to administer the state of Oklahoma child support program.
"District office" means a child support services office or duty station OKDHS operates or through contract or agreement with OKDHS to serve a specific area of the state.
"Family violence" means domestic abuse or child abuse, including physical or emotional harm.
"Fixed medical" means fixed periodic payments for ongoing medical costs not paid or reimbursed by insurance, or included in a cash medical support order.
"Full-service case" means a child support case for which CSS provides all appropriate Title IV-D services per OAC 340:25-1-1.2.
"Health insurance" means insurance coverage that provides routine and major medical expenses including, but not limited to: preventive care, office visits, hospitalization, and medication coverage that may be provided through a fee for service, health maintenance organization, preferred provider organization, or other private or public organization, other than SoonerCare (Medicaid).
"High-volume administrative enforcement cases in interstate actions" means the request of another state, the identification of by a state, through automated data matches with financial institutions and other entities where assets may be found, of assets owned by persons who owe child support in other states, and the seizure of such assets by the state through levy or other appropriate processes per 42 U.S.C. § 666.
"Intergovernmental" means a case referred by an initiating agency to a responding agency for services when the dependent child(ren) and the NCP lives or works in different jurisdictions.
"Income assignment" means an assignment, by operation of law or by court or administrative order of a portion of the monies, income, or periodic earnings due and owing by the NCP to the person entitled to the support or to another person designated by the support order or assignment, per 12 O.S. § 1170 and 56 O.S. § 237.7. An income assignment may be for payment of current support, arrearages, or both. The terms "income assignment" and "income withholding" may be used interchangeably.
"Interstate case" means a case in which at least one party resides in another state or country or a support order was entered in another state or country.
"Intrastate case" means a case existing or occurring within the boundaries of a single state.
"IV-A" means Title IV, Part A, of the Social Security Act, codified in 42 U.S.C. Part A of Subchapter IV of Chapter 7, covering the federal-state Temporary Assistance for Needy Families (TANF) Program.
"IV-B" means Title IV, Part B, of the Social Security Act, codified in 42 U.S.C. Part B of Subchapter IV of Chapter 7, covering child welfare services.
"IV-D" means Title IV, Part D, of the Social Security Act, codified in 42 U.S.C. Part D of Subchapter IV of Chapter 7, generally relating to child support.
"IV-D case" means a child support case receiving Title IV-D services.
"IV-D programs and services" means programs and services under Title IV, Part D, of the Social Security Act, codified in 42 U.S.C. Part D of Subchapter IV of Chapter 7.
"IV-E" means Title IV, Part E, of the Social Security Act, codified in 42 U.S.C. Part E of Subchapter IV of Chapter 7, covering foster care.
"IV-E foster care" means federal and state funded placement of a child(ren) removed from a home whose family members meet the eligibility criteria for federal participation for Title IV-E foster care.
"Medicaid" means medical assistance provided under a state plan approved under Title XIX of the Social Security Act, codified in 42 U.S.C. Subchapter XIX of Chapter 7 including SoonerCare, State Children's Health Insurance Program (S-CHIP), and Insure Oklahoma. In Oklahoma, the Oklahoma Health Care Authority (OHCA) provides Medicaid services for eligible adults and children.
"Medical enforcement only case" or "MEO case" means a child support case for which CSS provides only Title IV-D services related to securing and enforcing medical support to non-TANF SoonerCare (Medicaid) recipients.
"Medical support" means health insurance, alternative health coverage, cash medical support, or a combination of these for the benefit of a minor child(ren).
"Member of military service" or "servicemember" means any member of the uniformed service on active duty including the Army, Navy, Air Force, Marine Corps, and Coast Guard. Also included are members of the National Guard called to active service, certain members of the Public Health Service, National Oceanic and Atmospheric Administration, Reserves when ordered to report for active military duty, and United States citizens serving with the military of other countries when that service is similar to military service per 50 U.S.C. §§ 3911, 3914, and 3917. A servicemember may be an NCP or a CP.
"Non-cash support" means support given to a family in the nature of goods or services that can be assigned a specific dollar value in lieu of monetary payment.
"Noncustodial parent" or "NCP" means a parent who does not have primary physical custody of the child(ren).
"Non-IV-D case" means a private child support case not receiving Title IV-D services.
"Non-IV-E foster care" means state funded placement of a child(ren) removed from a home where the child(ren) does not meet federal Title IV-E participation requirements.
"Non-TANF SoonerCare (Medicaid)" means a case in which a parent or CP receives Title XIX Medicaid services for the minor child(ren).
"Notice of Income Assignment" means the tool used to affect the income withholding process. This document is used to notify employers and other withholders to deduct child support payments from an NCP's income and to send the payments to Oklahoma's Centralized Support Registry for distribution. The terms "income withholding" and "income assignment" may be used interchangeably.
"OAH" means the OKDHS Legal Office of Administrative Hearings: Child Support (OAH) that employs and assigns administrative law judges to conduct child support administrative hearings.
"Obligee" or "person entitled" means, per 56 O.S. § 237.7:
(A) a person to whom a support debt or support obligation is owed;
(B) the Department of Human Services or a public agency of another state that has the right to receive current or accrued support payments or that is providing support enforcement services;or
(C) a person designated in a support order or as otherwise specified by the court.
"Obligor" means the person who is required to make payments under an order for support per 12 O.S. § 1170 and 56 O.S. § 237.7.
"OCSS" means CSS.
"Offset" means an amount of money intercepted from an NCP's state or federal tax refund or from an administrative payment, such as federal retirement benefits to satisfy a child support debt.
"OKDHS" means Oklahoma Human Services. OKDHS is the state agency designated to administer the child support program for the state of Oklahoma.
"Oklahoma Health Care Authority (OHCA)" means the Oklahoma agency that administers the Medicaid and SoonerCare programs for adults and children who meet eligibility requirements. OHCA operates under the authority of Title XIX of the Social Security Act and 63 O.S. §§ 5003 et seq.
"Overpayment" means a CSS payment to a CP, NCP, or other entity to which the entity or person is not entitled.
"Participant in a case" means a child, parent, alleged father, or CP associated with a child support services case.
"Past support" means past-due support or support for a prior period. Refer to "arrears" in this Section.
"Payment plan" means and includes but is not limited to, a plan approved by the court or the support enforcement entity provides sufficient security to ensure compliance with a support order, incorporates voluntary or involuntary income assignment, or a similar plan for periodic payment of past-due support and, when applicable, current and future support per 43 O.S. § 139.1 and 56 O.S. § 237.7. A payment plan is intended to incrementally reduce arrears.
"Payor" means any person or entity paying monies, income, or earnings to an obligor. In the case of a self-employed person, the "payor" and "obligor" may be the same person per 12 O.S. § 1170 and 56 O.S. § 237.7.
"Presumed father" means a man who, by operation of law per 10 O.S. § 7700-204, is recognized as the father of a child until that status is rebutted or confirmed in a judicial proceeding.
"Record" means a written document or image stored in electronic or physical form.
"Social Security Act" means Public Law 74-271, codified in 42 U.S.C. Chapter 7 that established the Title IV-D program and other social services programs.
"State's attorney" means a lawyer employed in the child support program to represent the state in rendering services per the Social Security Act, codified in Title 42 U.S.C. Part D of Subchapter IV of Chapter 7.
"Support" means, per 56 O.S. §237.7, all payments or other obligations due and owing to the CP or person entitled by the NCP under a support order, and may include, but is not limited to, child support, medical insurance or other health benefit plan premiums or payments, child care obligations, support alimony payments, and other obligations as specified in 43 O.S. §§ 118A through 119.
"Support for a prior period" means the amount of child support ordered under the child support guidelines in 43 O.S. §§ 118 through 119 in paternity orders and in TANF notice of support debt orders for past months when no child support order was in effect.
"Support order" means, per 43 O.S. § 601-101, a judgment, decree, order or directive, whether temporary, final, or subject to modification, issued by a tribunal for the benefit of a child, a spouse, or a former spouse, which provides for monetary support, health care, arrearages, or reimbursement, and may include related costs and fees, interest, income withholding, attorney's fees, and other relief.
"TANF" means Temporary Assistance for Needy Families. TANF replaces Aid to Families with Dependent Children (AFDC).
"Tribunal" means, per 43 O.S. § 601-101, a court or administrative agency authorized to establish, enforce, modify support orders, or determine parentage.
"UIFSA" means the Uniform Interstate Family Support Act. In Oklahoma, UIFSA is codified at 43 O.S. §§ 601-100 through 601-903.
"Unreimbursed public assistance" means money paid as cash assistance from Title IV-A and Title IV-E programs that has not been recovered.
"UPA" means the Uniform Parentage Act. In Oklahoma, UPA is codified in 10 O.S. §§ 7700-101 through 7700-902.
Added at 17 Ok Reg 2426, eff 7-1-00; Amended at 18 Ok Reg 1226, eff 7-1-01; Amended at 19 Ok Reg 1746, eff 7-1-02; Amended at 20 Ok Reg 1240, eff 7-1-03; Amended at 21 Ok Reg 1344, eff 7-1-04; Amended at 22 Ok Reg 1221, eff 7-1-05; Amended at 23 Ok Reg 1842, eff 7-1-06; Amended at 24 Ok Reg 1301, eff 7-1-07; Amended at 25 Ok Reg 1307, eff 7-1-08; Amended at 26 Ok Reg 1245, eff 7-1-09; Amended at 26 Ok Reg 3036, eff 7-21-09 (emergency); Amended at 27 Ok Reg 1201, eff 7-1-10; Amended at 28 Ok Reg 812, eff 7-1-11
