Current through Vol. 42, No. 1, September 16, 2024
(a)
Authority. Oklahoma Human
Services Child Support Services (CSS) allocates and distributes support
collections, per Section 657 of Title 42 of the United States Code
(42 U.S.C. §
657) and Sections 302.32, 302.51, and 302.52
of Title 45 of the Code of Federal Regulations (45 C.F.R. §§
302.32,
302.51, and
302.52). CSS collects fees, per
42 U.S.C. §
654,
45 C.F.R. §
302.33, and Section
237 of Title 56 of the Oklahoma
Statutes (56 O.S. § 237).
(b)
Fees. CSS collects fees, per
42 U.S.C. §
654,
45 C.F.R. §
302.33, and 56 O.S. § 237. A case is
exempt from fees when the custodial person (CP) is currently receiving
Temporary Assistance for Needy Families (TANF). Fees are withheld prior to
child support distribution to the CP. CSS collects:
(1) an annual fee on eligible cases, per
45 C.F.R. §
302.33. When there is more than one Title
IV-D child support program involved, CSS collects the annual fee on cases when
Oklahoma is the initiating state; and
(2) a three percent service fee for each
payment distributed to the CP, up to a $10.00 per month maximum except when the
CP is currently receiving SoonerCare (Medicaid).
(c)
Allocation.
(1)
General allocation.
Allocation refers to how a payment is divided among eligible obligations. Some
obligors have more than one child support case and the allocation rules
determine which case receives all or a portion of the collection received. A
collection is allocated based on the source of the collection and the type of
legal action resulting in a collection.
(2)
Allocation models. CSS
divides collections among the obligor's eligible obligations based on the
following models.
(A)
Standard.
All payments not made by income withholding order or federal income tax refund
offset are allocated to eligible obligations in (i) through (iii):
(i) prorated to the current child support,
cash medical support, and spousal support;
(ii) prorated to the monthly payment plan on
past support; and
(iii) amounts
remaining from the initial collection or additional collections received during
the same month will allocate based on a prorated share of total arrears owed on
all eligible obligations. The allocated amounts cannot exceed the total arrears
due on the cases.
(B)
Income Withholding Order (IWO). Periodic payments from an IWO are
allocated to eligible obligations in (i) through (iii):
(i) prorated to the current child support,
cash medical support, and spousal support;
(ii) prorated to the monthly payment plan on
past support and other judgment(s), such as judgments for genetic testing
costs; and
(iii) the steps in (1)
and (2) of this subsection are repeated for amounts remaining from the initial
collection or additional collections received during the same month, until the
entire collection is allocated.
(C)
Internal Revenue Service
(IRS). Collections received from the offset of federal income tax
refunds are allocated according to the existing federal hierarchy, per
42 U.S.C. §
657 and
45 C.F.R. §
303.72. CSS allocates only to balances
certified to the IRS. CSS applies these collections to each eligible
obligation:
(i) first to balances certified to
the IRS as public assistance; and
(ii) then to any CP's certified
balances.
(3)
Specific enforcement actions. Collections received from
case-specific enforcement actions are not allocated across all cases, but are
allocated to the case(s) in which the action is taken.
(4)
Non-Title IV-D cases. In
non-Title IV-D cases, CSS allocates payments as follows:
(A) payments received from an IWO are
allocated using the IWO model. Collections are allocated to non-Title IV-D
cases based on the amounts listed in the non-Title IV-D IWO; and
(B) all other payments are allocated using
the Standard model. When CSS receives information on processing a specific
payment, CSS may allocate the payment based on that information.
(5)
Intergovernmental
cases.(A)
Incoming. In
cases where CSS is collecting support for a CP who is receiving services from
another jurisdiction's child support agency, past-due payments are allocated
based on information the initiating state provides.
(B)
Outgoing. Collections
received from other jurisdictions resulting from an outgoing referral are
allocated to that case.
(d)
Distribution.
(1) CSS distributes collections based on the
federal distribution hierarchy, per
42 U.S.C. §
657 and
45 C.F.R. §§
302.32 and
302.51.
(2) CSS initially distributes collections to
current support and current cash medical support obligations due each month.
When collections are less than the amount of all current support and current
cash medical support due, CSS distributes collections between the current child
support and the current cash medical support obligations in proportionate
shares.
(3) After the current child
support and current cash medical support obligations are met, CSS distributes
collections to current spousal support due.
(4) After current child support, current cash
medical support, and current spousal support obligations are satisfied,
remaining collections for the month are distributed to past-due
balances.
(5) CSS distributes
payments to interest owed after current child support and principal arrears
balances are paid in full to each obligation.
(6) When a payment collected represents
current support for future months, the amount is applied to such. When past
support balances exist on any of the noncustodial parent's cases, payments are
not applied to the next month's current support, per
45 C.F.R. §
302.51.
(e)
Distributed payment
adjustments. When CSS determines a payment adjustment is required, CSS
makes the necessary corrections to the statewide automated data processing and
information retrieval system.
Added at 9 Ok Reg 3275, eff 6-26-92 (emergency); Added
at 10 Ok Reg 1813, eff 5-13-93 ; Amended at 15 Ok Reg 159, eff 11-1-97
(emergency); Amended at 15 Ok Reg 1614, eff 5-11-98 ; Amended at 16 Ok Reg
3463, eff 10-1-99 ; Amended 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 25 Ok
Reg 1307, eff 7-1-08 ; Amended at 26 Ok Reg 3036, eff 7-21-09 (emergency);
Amended at 27 Ok Reg 161, eff 10-8-09 (emergency); Amended at 27 Ok Reg 1201,
eff 7-1-10 ; Amended at 28 Ok Reg 812, eff 7-1-11 ; Amended at 30 Ok Reg 641,
eff 7-1-13
