Current through Vol. 42, No. 1, September 16, 2024
(a)
General assignment and
transfer. In assigning cases to child support offices, Oklahoma Human
Services Child Support Services (CSS) considers whether the case is eligible
for assignment to one of the tribal programs, per Oklahoma Administrative Code
(OAC) 340:25-5-286. CSS treats an order
registered in Oklahoma, per Sections
601-601 through
601-614 of Title 43 of the
Oklahoma Statutes (43 O.S. §§ 601-601 through 601-614) as an Oklahoma
order for purposes of OAC
340:25-5-124(1) and
(2). If the case is not assigned to one of
the tribal programs, CSS assigns cases under this Section.
(1) Oklahoma child support cases are assigned
to a district office serving the county where a prior Family and Domestic
district court case exists involving the parents and child, regardless of the
case style of the order or whether or not a child support order was entered as
to either parent.
(2) When a
guardianship order is in effect, the case is assigned to the district office
serving the county in which the guardianship action was filed. The district
office proceeds to petition the guardianship court to:
(A) defer jurisdiction of child support to
CSS. The case then follows regular case assignment rules;
(B) defer jurisdiction of child support to a
pre-existing Family and Domestic court case involving the parents and child to
enforce an existing child support order or establish a child support order. The
case is then assigned to the district office serving the county with the
existing Family and Domestic court order; or
(C) establish or modify a child support
order. The case remains assigned to the district office serving the county of
the guardianship.
(3)
Cases with intergovernmental child support orders are assigned to a district
office serving the county in which the order is registered per 43 O.S.
§§ 601-601 through 601-614.
(A) When
there are multiple Oklahoma support orders, cases are assigned to a district
office serving the county where the presumed controlling order for current
child support was entered or docketed in district court.
(B) When there is an Oklahoma support order
and an intergovernmental support order, the case is assigned to the district
office serving the county where the Oklahoma support order is entered or
filed.
(4) Cases are
assigned to a district office serving the county where the custodial person
(CP) resides when there is:
(A) no Oklahoma
child support order and there is no prior Family and Domestic district court
case on file;
(B) a federal or
tribal child support order; or
(C)
a child support order from another state.
(5) When the applicant for child support
services is the noncustodial parent (NCP), the location of the CP and child is
unknown, and there is no prior paternity or child support order established,
cases are assigned to the office responsible for the county in which the NCP
resides until the CP and child are located.
(6) Except in cases where a child support
order is registered in Oklahoma, when the CP does not reside in Oklahoma, cases
are assigned to the district office serving the county where the NCP or alleged
father resides.
(7) When there is
no Oklahoma order and no party resides in Oklahoma, cases are assigned to the
district office serving the county with significant contacts with the case.
When more than one county has significant contacts with the case, the case is
assigned to the district office having the most recent significant
contact.
(8) CSS does not transfer
cases docketed or registered, per 43 O.S. §§ 601-601 through 601-614
in district court because the CP or NCP moves to a county outside of the
original district office's service area.
(9) CSS does not transfer cases because the
CP files a contempt action in a county outside of the original district
office's service area.
(10) CSS
reassigns a case to another district office to avoid a conflict of interest,
per OAC 340:2-1-8.
(11) When there is an existing Office of
Administrative hearings: Child Support (OAH) order that was not docketed in the
appropriate district court per
340:25-5-185.1, the case is
assigned to the district office that obtained the OAH order.
(b)
Administrative
establishment case transfer.
(1) A
district office transfers an administrative establishment case to another
office according to (2) of this Section if the:
(A) case is assigned to the wrong child
support office; or
(B) CP moves to
a county outside the original office's service area.
(2) The original office immediately
transfers, rather than dismisses, an administrative establishment court action
to the new district office if the original office has not obtained service of
process on the NCP. When service has been obtained, the original office
completes any administrative case litigation before transferring the case to
the new district office.
Added at 9 Ok Reg
3275, eff 6-26-92 (emergency); Added at 10 Ok Reg 1813, eff 5-13-93; Amended 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 528, eff 1-21-03 (emergency);
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 29 Ok Reg 765, eff
7-1-12
