Current through Vol. 42, No. 1, September 16, 2024
(a)
Authority for modification. Oklahoma Human Services Child Support
Services (CSS) may initiate modification of a child support order per Section
303.8 of Title 45 of the Code of Federal Regulations (45 C.F.R. §
303.8), Sections 112, 118-118I, 118.1, 119,
601-611, 601-613, and 601-615 of Title 43 of the Oklahoma Statutes (43 O.S.
§§ 112, 118-118I, 118.1, 119, 601-611, 601-613, and 601-615), and 56
O.S. § 237. CSS initiates a modification in the appropriate tribunal when
facts indicate modification is warranted under applicable state or federal law
or regulation.
(b)
Modification of child support order. CSS seeks a modification
when:
(1) there is a material change in
circumstances per 43 O.S. § 118I. For this purpose, a material change in
circumstances occurs when the child support obligation would increase or
decrease by 20 percent but not less than $30. Changes in circumstances include
but are not limited to:
(A) a change in either
parent's gross income;
(B) a change
in child care;
(C) a change in
medical;
(D) a child reaching the
age of majority per 43 O.S. § 112;
(E) when there is a change in physical
custody verified, per Oklahoma Administrative Code (OAC)
340:25-5-201.1;
(F) when the noncustodial parent (NCP) is
incarcerated for more than 180-consecutive days per
45 C.F.R. §
303.8 and OAC
340:25-5-178(k);
or
(G) when the Social Security
Administration determines one of the parents is disabled and the parent is
receiving Supplemental Security Income or Social Security Disability Income;
or
(2) per 56 O.S.
§ 237, the evidence in the case justifies a modification regardless of
whether there has been a change of circumstances including, but not limited to,
when:
(A) the original order fails to set
child support according to the guidelines;
(B) an adjustment is needed to maximize a
NCP's available income to meet the current child support obligation in each of
the NCP's cases; or
(C) a parent
provides proof the child support obligation is being satisfied in full or in
part by an apportionment of the veteran's disability compensation.
(c)
Modification
of medical support order.
(1) CSS seeks
a modification of a medical support order, when:
(A) there is no existing order for either
parent to provide dependent health care coverage. CSS initiates a modification
of a support order to require either or both parents to provide dependent
health care coverage when CSS obtains information the child(ren) is not covered
under an existing health care plan, regardless if coverage is currently
available to either parent;
(B) the
availability of medical insurance changes;
(C) there is an order for the custodial
person to provide medical support for the minor child(ren) and enforcement of
the order is not appropriate per 43 O.S. § 139.1 or 21 O.S. §
566;
(D) an order for the NCP to
provide medical insurance and the release of information necessary for
enrollment of the child is inappropriate due to family violence and a cash
medical order is appropriate per OAC
340:25-5-198; or
(E) there is an order for a parent to provide
medical insurance, the applicant for child support services did not request
services against that parent, and the ordered parent is not actually providing
medical insurance for the child.
(2) When CSS participates in the modification
of a child support order filed by a party, CSS requests the court order contain
a provision for medical support consistent with OAC
340:25-5-168.
(3) When a child support order exists, CSS
considers a request to establish a medical support order as a request for
modification of the order per 43 O.S. § 118.1. CSS seeks a medical support
order in a tribunal with jurisdiction to modify the child support order and
follows procedures per OAC
340:25-5-198.1.
(4) When cash medical support is ordered as
part of a modification action, CSS requests a cash medical support order be
effective the first day of the month following the entry of the
order.
Added at 17 Ok Reg
2426, eff 7-1-00; Amended at 18 Ok Reg 1226, eff 7-1-01; Amended at 20 Ok Reg
1240, eff 7-1-03; Amended at 21 Ok Reg 1344, eff 7-1-04; 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 27 Ok Reg 1201, eff 7-1-10; Amended at 28 Ok Reg
812, eff 7-1-11
