Current through Vol. 42, No. 1, September 16, 2024
(a)
Definitions. The following words and terms when used in this
Section shall have the following meanings unless the context clearly indicates
otherwise:
(1)
"Multiple case
action" means a noncustodial parent (NCP) has multiple cases that are
worked together for the primary purpose of right-sizing the NCP's child support
orders. A multiple case action includes either an establishment action,
modification action, or both. Child Support Services (CSS) presents multiple
case actions to the Office of Administrative Hearings: Child Support (OAH) or
district court as appropriate. When appropriate, CSS may pursue enforcement
action in addition to completing the other action(s). CSS follows Oklahoma
Administrative Code (OAC) 340:25-5-200.3 when multiple case processing involves
enforcement actions only.
(2)
"Right-sizing" means establishing and modifying child support
orders and setting judgment payments that reflect current circumstances and
actual income, unless the evidence supports imputing, to encourage NCP
compliance and consistent, reliable support collections for the child(ren)
involved.
(b)
Determination of multiple case actions. CSS determines whether
there is evidence to justify a modification per OAC
340:25-5-198.2 and
Section
237
of Title 56 of the Oklahoma Statutes (56 O.S. §
237
). When determining whether it is appropriate to conduct a multiple case
action, CSS considers:
(1) the NCP's
income;
(2) the NCP's ability to
pay all child support orders each month, in full;
(3) if the NCP is paying on all cases;
and
(4) the monthly child support
amount per 43 O.S. §§ 118-118I.
(c)
Interstate multiple case
actions. Multiple case actions involving non-Oklahoma orders are worked
per this subsection.
(1) When Oklahoma has
continuing exclusive jurisdiction, a case is included in a multiple case
action.
(2) When Oklahoma does not
have continuing exclusive jurisdiction and:
(A) current support is still due, a case may
be included in a multiple case action when all necessary parties consent for
Oklahoma to exercise jurisdiction to modify the support order per 43 O.S.
§
601-611;
or
(B) consent is not received for
Oklahoma to exercise jurisdiction to modify, the interstate case is included
only for determination of the judgment payment plan.
(d)
Initial
transfer of cases. When CSS initiates a multiple case action, CSS
transfers cases as necessary to the office completing the multiple case
action.
(e)
Initial
notice. CSS provides notice to the custodial persons and the NCP,
explaining their case:
(1) is involved in a
multiple case action;
(2) was
temporarily transferred, as appropriate, to another office for the multiple
case action; and
(3) will be
returned to its original office after completion of the multiple case
action.
(f)
Child
support computation preparation. In multiple case actions, CSS prepares:
(1) individual child support computation
forms for each case, including medical support and child care costs for the
family group; and
(2) one
combination child support computation form that treats the NCP's children as
one family, allowing a child support amount based on a pro rata share. The
combined child support computation form uses the NCP's income and an average of
all the cases' biological parents' (BP) income and does not include medical
support or child care costs.
(g)
Filing. CSS files multiple
case actions in OAH or district court and requests the court:
(1) consider all of the NCP's cases at the
same time;
(2) deviate from the
individual guidelines child support amount due to extreme economic hardship and
to more equitably distribute the resources available, as supported by 43 O.S.
§
118H
and OAC
340:25-5-178;
(3) order a pro rata child support amount
calculated by averaging the BPs' incomes and dividing the NCP's total child
support amount evenly among all children; and
(4) add medical support and child care costs
from the individual child support computation form to the pro rata child
support amount.
(h)
Conclusion of multiple case action. After a multiple case action
is concluded, the multiple case processing office transfers each case back to
the original office.
