Current through Vol. 42, No. 1, September 16, 2024
(a)
Legal
basis. When referring and processing intergovernmental Title IV-D cases,
the Oklahoma Human Services Child Support Services (CSS) is governed by:
(1) Section 1738B of Title 28 of the United
States Code (28 U.S.C. §
1738B) and
42 U.S.C. §§
654,
659A,
and
666;
(2) Sections 302.36 and 303.7 of Title 45 of
the Code of Federal Regulations (45
C.F.R. §§
302.36 and
303.7);
and
(3) the Uniform Interstate
Family Support Act, per Sections
601-100
through
601-903
of Title 43 of the Oklahoma Statutes (43 O.S. §§ 601-100 through
601-903) and 56 O.S. § 240.9.
(b)
Definition. For purposes of
this Section, forum state means the state where the hearing is held or where
the responding court proceeding is filed to establish or enforce a support
order.
(c)
Intergovernmental
central registry. CSS operates an intergovernmental central registry,
per
45 C.F.R.
§§
302.36 and
303.7.
(d)
Forms. CSS uses forms issued
by the Secretary of the United States Department of Health and Human Services,
per
42 U.S.C. §
652 as applicable for processing
intergovernmental cases.
(e)
Communication. When:
(1)
Oklahoma is the initiating state, CSS obtains information from the other Title
IV-D agency and communicates with the custodial person (CP) in
Oklahoma.
(2) Oklahoma is the
responding state, CSS communicates to the initiating state with which CSS has
established a case.
(3) CSS
receives written communication from a party or a party's attorney, CSS sends
copies to the appropriate agency or person within two-business days of receipt,
per 43 O.S. § 601-307.
(f)
Family violence and
nondisclosure. When Oklahoma is the initiating state and a party claims
family violence, CSS does not release the party's physical address without a
court order. CSS:
(1) enters the address of
record, when designated, or the district office's address instead of the
physical address of the party requesting nondisclosure on the Child Support
Enforcement Transmittal # 1, Initial Request, Nondisclosure Finding Affidavit,
and on the General Testimony, when applicable;
(2) does not file the interstate transmittal
forms with the tribunal;
(3) does
not release a copy of the interstate transmittal form to the other party, per
Oklahoma Administrative Code (OAC)
340:25-5-67;
and
(4) seeks an order from the
appropriate tribunal regarding release of the information when the initiating
state, responding state, or a party requests release of specific identifying
information, per 43 O.S. § 601-312.
(g)
Services provided. Except as
provided in (1) through (4) of this subsection, CSS processes intergovernmental
cases in the same manner as intrastate cases, per OAC
340:25-1-1.2.
(1)
Evidence. If one of the
parties is a nonresident of the forum state, CSS arranges for testimony over
the phone at the request of the nonresident party or a Title IV-D agency, and
requests the court to admit evidence, per 43 O.S. § 601-316.
(2)
One-state processing. In the
absence of an order to establish paternity or support, CSS uses a one-state
process to establish an order if personal and subject matter jurisdiction may
be exercised over a nonresident party, per
45 C.F.R.
§
303.7 and 43 O.S. §
601-201.
(3)
Determination of
controlling order. When there are multiple orders for current support
for the same child, CSS seeks a determination of controlling order (DCO) or a
new order from the appropriate tribunal, per 43 O.S. § 601-207 and 43 O.S.
§§ 601-602 through 601-615.
(A)
When making the arrears calculation for the DCO proceeding, CSS applies the law
of the respective issuing states in determining the arrears under each
order.
(B) Once the court issues a
DCO, CSS applies the law of the controlling order state to the consolidated
arrears, even when the support orders of other states contributed a portion to
those arrears.
(4)
Redirection of payments. Per 43 O.S. §§ 601-307 and
601-319:
(A) CSS issues a notice to redirect
payments to the Title IV-D agency in the state where the CP resides and issues
an Order/Notice to Withhold Income for Child Support to implement the order
when:
(i) Oklahoma is the state that issued
the child support or income assignment order;
(ii) neither the noncustodial parent (NCP),
CP, or any child lives in Oklahoma; and
(iii) CSS or another Title IV-D agency makes
the request.
(B) CSS
issues a notice to redirect payments to the Title IV-D agency in the state of
residence of the CP when:
(i) a child support
or income assignment order was issued;
(ii) neither the NCP, CP, or any child lives
in the issuing state; and
(iii)
Oklahoma provides child support services.
(C) CSS furnishes a certified record of
payments to a requesting party or tribunal when CSS receives redirected
payments, per 43 O.S. § 601-319.
(5)
Limited services. CSS
provides limited services only at the request of an initiating interstate Title
IV-D agency or an international central authority, per 43 O.S. §§
601-101 through 901 and
45 C.F.R.
§
303.7. CSS provides limited services,
when appropriate, even when an individual NCP or CP does not reside in
Oklahoma. The CSS director or appointed designee approves requests for limited
services not listed in
45 C.F.R.
§
303.7.
(h)
Determination of arrears.
When Oklahoma has personal and subject matter jurisdiction and can obtain
service of process on the NCP, CSS uses the annual notice, notice of support
debt, contempt, or other appropriate proceedings to determine past support and
interest before requesting a tribunal of another state to enforce.
(i)
Choice of law. The
applicable law for support duration determination and other choice of law
issues is controlled by subsection (h) of the Full Faith and Credit for Child
Support Orders Act, per
28 U.S.C. §
1738B(h) and
43
O.S. §§ 601-604 through 601-611. The law of the initial controlling
order state governs the support duration even after another state modifies the
order.
(j)
Genetic
testing. When genetic testing is required in intergovernmental cases,
the responding state is responsible for paying the cost of testing, per
45 C.F.R.
§
303.7 and OAC
340:25-5-176.
Added at 9 Ok Reg
3275, eff 6-26-92 (emergency); Added at 10 Ok Reg 1813, eff 5-13-93; Amended at
12 Ok Reg 1121, eff 3-20-95 (emergency); Amended at 13 Ok Reg 2173, eff
6-14-96; Amended at 17 Ok Reg 2426, eff 7-1-00; Amended at 19 Ok Reg 1746, eff
7-1-02; Amended at 22 Ok Reg 1221, eff 7-1-05; Amended at 23 Ok Reg 1842, eff
7-1-06; Amended at 25 Ok Reg 1307, eff 7-1-08; Amended at 28 Ok Reg 812, eff
7-1-11; Amended at 29 Ok Reg 765, eff 7-1-12
