Current through Vol. 42, No. 1, September 16, 2024
(a)
Purpose. The purpose of the review process is to determine whether
a child support order should be modified to ensure substantial compliance with
the child support guidelines in Sections 118-118I through 119 of Title 43 of
the Oklahoma Statutes (43 O.S. §§ 118-118I amp; 119) and Oklahoma
Administrative Code (OAC)
340:25-5-178.
(b)
Notification requirements.
At least once every three years after a child support order is established,
reviewed, or modified, Oklahoma Human Services (OKDHS) Child Support Services
(CSS) notifies all parties in a full-service case of the right to request a
review of the child support order and the process for requesting a
review.
(c)
Authority for
review. CSS conducts a review every three years in cases with a
Temporary Assistance for Needy Families (TANF) assignment. CSS determines the
tribunal with jurisdiction under subsection (e) of the Full Faith and Credit
for Child Support Orders Act, codified in Section 1738B(e) of Title 28 of the
United State Code (28 U.S.C.
§
1738B(e)) and the
Uniform Interstate Family Support Act (UIFSA) in 43 O.S. §§ 601-101
through 601-903 to modify the order. When another tribunal has jurisdiction to
modify the child support order, CSS follows the provisions in (j) of this
Section. When Oklahoma has jurisdiction to modify the child support order, CSS
follows the provisions of this subsection. CSS completes the review and
modification process within 180-calendar days after a request is received or
the non-requesting party is located, whichever is later.
(d)
Initiation of review.
(1) CSS reviews an order upon written request
by a customer or on its own initiative:
(A)
when there is a material change in circumstances per 43 O.S. §
118I;
(B) per 56 O.S. § 237
when the evidence in the case justifies a modification, per OAC
340:25-5-198. 2, regardless of
whether there is a change of circumstances; or
(C) per Section 303.8 of Title 45 of the Code
of Federal Regulations and OAC
340:25-5-178(k),
when the noncustodial parent (NCP) is incarcerated.
(2) CSS notifies the parties of the review
with instructions for submitting financial and other information required for
the review.
(3) CSS does not
initiate a review upon customer request when:
(A) the non-initiating party is not
located;
(B) it has been less than
12 months since the child support order was established, reviewed, or modified
unless there is a material change of circumstances;
(C) the preliminary information indicates the
change of circumstances does not significantly impact the child support amount
or the change of circumstances is temporary; or
(D) there is evidence the monthly child
support amount or judgment payment is based on a NCP's ability to pay and the
NCP is working in a job consistent with the NCP's education and
training.
(4) When CSS
determines the customer review request does not meet the provisions in (1) of
this subsection, CSS provides available pro se self-help modification forms to
the customer.
(5) CSS does not seek
an upward modification of a child support order or a judgment payment upon
request when an NCP is:
(A) employed full-time
in an occupation consistent with the NCP's education and training;
(B) ordered to pay more than 20 percent of
the NCP's gross income; and
(C) is
not paying the full court-ordered monthly child support amount.
(e)
Medical
enforcement only (MEO) cases.
(1) When
either the custodial person or the noncustodial parent requests a review, CSS
changes the services offered from an MEO to a full-service case. CSS notifies
the parties of the change in services provided.
(2) When the non-applicant requests the
review, the non-applicant must complete Form 03EN001E, Application for Child
Support Services, per OAC
340:25-5-110.
(f)
Initial review. Within
15-calendar days after receiving a request for a review, CSS determines if the
criteria described in (d)(1) of this Section are met. CSS notifies the
requesting person when the criteria for review are not met. If the criteria are
met, CSS may:
(1) request further information
as necessary from the parties; or
(2) proceed with the review process when CSS
considers it has information sufficient to complete the process.
(g)
Final review.
Within 30-calendar days after the deadline for the parties to submit requested
financial and other information to CSS, per (d) of this Section, CSS completes
the review process and notifies parties of its determination as to whether the
support order should be modified.
(h)
Modification after review.
CSS staff follows OAC
340:25-5-198.2 to determine if
the child support order is modified after the review process is
complete.
(i)
Termination of
the review process.
(1) The person
requesting a review may withdraw the request after the review process begins,
upon CSS approval. CSS does not accept requests to withdraw the review after
making a determination that the child support order be modified.
(2) When the requesting person fails to
supply information requested by CSS as instructed, CSS may terminate the review
process, unless CSS or the non-requesting party requests the process
continue.
(3) When CSS initiates
the review, failure of the parties to return requested information does not
stop the review process. CSS proceeds, using the best information
available.
(j)
Interstate cases.
(1) When a
tribunal other than an Oklahoma district or administrative court has
jurisdiction under UIFSA to modify an order, CSS obtains the information
necessary for the review.
(A) CSS transmits
the documents to the Title IV-D agency in the other state within 20-calendar
days after receipt of the request to modify the order and of the completed
documents from the person requesting the modification.
(B) CSS issues and enforces a subpoena to
compel compliance with the request for documents if the non-requesting party
fails to return the required documents or CSS is unable to obtain the necessary
information to proceed and an Oklahoma tribunal has personal jurisdiction over
the non-requesting party.
(C) CSS
may terminate the review process in an interstate case per (i) of this Section
and 43 O.S. §§ 601-611 and 601-615.
(2) When Oklahoma has jurisdiction to modify
the order of another state or foreign country per 43 O.S. § 601102, the
order is registered in Oklahoma for modification per
28 U.S.C. §
1738B(i) and
43 O.S. §§ 601-609
through 601-616.
Added at 17 Ok Reg
2426, eff 7-1-00; Amended at 20 Ok Reg 1240, eff 7-1-03; Amended at 21 Ok Reg
1344, eff 7-1-04; Amended at 21 Ok Reg 3155, eff 7-22-04 (emergency); 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 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
