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1. What is the duration of support in your state? Include the age of majority when the support obligation ends in the absence of other factors. Include your state's statutory citation(s). |
18 years of age or up to the 20th birthday if the child is regularly enrolled and attending high school. OK CSS considers a child to be regularly enrolled in and attending high school as a full-time student when the custodial person (CP) provides proof of:
(1) full-time enrollment in high school program accredited
(2) full-time enrollment and attendance in an alternative high school program, including internet-based or vocational-technical courses
(3) home-schooling, such as notebooks, study materials, curriculum, and anticipated date of graduation or graduation equivalent. OK CSS staff determines if the information provided by the CP is sufficient to continue current support for the child.
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2. If not addressed in the order, at what age is child support automatically terminated as a matter of state law? Qualify, if necessary. |
Age 18 or up to age 20 if the child is still regularly enrolled and attending high school.
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3. Does the date of the order determine the law that is applied to the duration of support? If yes, describe. |
No. Our duration of support law has changed over the years; however, based on case law, the current duration of support law applies even if the law may have been different when the order was entered. Carr vs Carr 834 P.2d 970
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4. Does your state law allow support to be paid beyond the age of majority under certain circumstances (for example, if the child has a disability or is in college)? If yes, describe. |
Yes.
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5. What are your state's laws regarding the emancipation of the child that would result in early termination of the child support obligation? Describe. |
Oklahoma law provides that a court, upon consideration of evidence and testimony, may enter an order emancipating a minor child resulting in the minor child taking on the status of an adult. Therefore the individual is no longer under the control and care of parents. This terminates a parent's child support obligation for this individual.
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6. Does child support end if the child no longer lives with the custodial parent but does not emancipate according to state law? For example, the child graduates from high school at 17 and no longer lives with the custodial parent? |
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No |
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7. For orders that include multiple children, does your state automatically reduce the current support owed for remaining children after one of the children in the order reaches the age of majority or otherwise emancipates? If yes, describe. |
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No |
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8. Does your state provide IV-D services to establish support for a child who is no longer a minor but for whom state law provides post-majority support (for example, if the child has a disability or is in college)? If yes, please describe the specific circumstances. |
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No |
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1. What guideline type or method does your state use to calculate child support (for example, Income Shares Model, Percentage of Income Model, Melson Formula)? |
Income Shares Model. 43 O.S. §118
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2. What is the minimum number of days with each parent that can be considered in your guideline’s formula, and what evidence is required (for example, court-order custody schedule, parenting plan, or verbal testimony)? |
Overnights with the non-custodial parent begin affecting the child support guideline calculation when they exceed 120 overnights in a year. See 43 OK Stat § 118E. This can be established by a court order showing the amount of overnights each parent will be awarded, or by verbal testimony of the parties before a Judge on the record.
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3. Does your state have any statute(s) addressing interest on arrears? If yes, indicate the amount of interest charged, any related conditions, and the statutory citation. |
Yes. Under 43 O.S. Section 114, Interest accrues at the statutory rate of 2% per year (change to interest rate effective 11/01/16 from 10% per year to 2% per year). Per Oklahoma Administrative Code 340:25-5-140.1, Cash Medical Support assigned to the Medical Agency does not accrue interest.
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4. Does your state’s IV-D agency calculate interest on arrears? If yes, indicate the amount of interest charged and any related conditions. |
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Yes, effective 11/01/16 Interest shall not exceed 2% per year. 43 O.S. Section 114; Oklahoma Administrative Code 340:25-5-140.1
Interest does not accrue during the period of prior support for a time period prior to order establishment. Interest does accrue from the time that court ordered arrears amount is first established forward, until paid in full.
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5. Does your state charge interest on retroactive support? If yes, indicate the amount of interest charged and any related conditions. |
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Yes, starting the first day of the month following the originating Order, until paid in full. |
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6. Will your state enforce a medical debt for any uninsured portion? If yes, under what circumstances? |
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Yes, only if there is a sum certain amount which is generally a medical costs judgment provision in a court order. |
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7. If your state has issued an order, and another IV-D agency asserts that the person/entity entitled to receive child support payments has changed from the person/entity designated in your state’s order (due to a change in placement or foster care status), what does your state require in order to change the person/entity entitled to receive payments? |
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Oklahoma does not require a new support order for child support when the custody of a child changes as the child support follows the children. Oklahoma does need documentation that supports the change in physical custody or agreement of the parties, which can be memorialized in writing by sending the previous custodial parent a document called “change in custody.” This can also be accomplished by court order in the appropriate District Court. |
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7.1 Does it matter if the child receives TANF or Medicaid-only? If yes, explain. |
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No. |
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8. Does your state require that a custodial party, who is not one of the biological parents, have legal custody of a child before enforcing an order for support that was issued to the biological parents as the parties for non-public assistance cases? |
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No. Child Support follows the physical custody of the child. 56 O.S. 237(C)(2). |
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9. Does your state IV-D agency grant the noncustodial parent credit toward child support for Social Security Administration (SSA) auxiliary benefits paid to the custodial parent on behalf of a child when those benefits are based on the noncustodial parent’s SSA benefit? |
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Yes. The benefit amount is added to the gross income of the noncustodial parent, then a dollar for dollar credit is given towards the calculated child support amount, not to exceed the total monthly current support. |
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9.1 If a child’s auxiliary SSA benefit paid to the custodial parent is greater than the current child support obligation, do you credit the excess amount against arrearages, and if so, how? |
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No. |
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10. Does your state abate support? If yes, explain the circumstances and provide your statutory citation. |
Yes. For noncustodial parents that are in custody more than 180 days, there is a rebuttable presumption that the obligor is unable to pay child support. While incarcerated the child support is abated by operation of law. Applies to all cases with Oklahoma child support orders, regardless of where incarcerated. 43 O.S. §118I(E).
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11. If a child’s family benefit paid directly to the custodial parent is greater than the child support order, how do you credit the excess amount of current support? (That is, is it treated as a gift, paid to arrears accrued at any time, or treated as payment for a future period?) |
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Any social security benefit amounts which are greater than the support ordered by the court shall be retained by the caretaker for the benefit of the child and shall not be used as a reason for decreasing the child support order or reducing arrearages. 43 O.S. §118B. |
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12. If the case is an intergovernmental case, what is your process for notification and reconciliation of the SSA payments with the other state? |
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None is required. |
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13. Does your state close cases when the noncustodial parent receives SSI only or when the noncustodial parent receives SSI and Title II benefits? |
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The state closes IV-D cases when an NCP is permanently disabled and their only source of income is SSI. |
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14. Does your state child support agency have a debt compromise program? |
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Yes. The Arrears Reduction Compromise (ARC) program is a state arrears payment matching program. For every $1.00 an obligor pays, CSS will give credit for an additional $5.00. Once an obligor has paid the monthly current support obligation, CSS will match any voluntary payments (income assignment, money order, cashier’s checks, all kinds of webpay, kiosk and BancFirst, Worker’s Compensation [TTD or Lump Sum], Personal Injury and UIB) paid that month up to the amount of assigned arrears owed to the State of Oklahoma. Any payment types not specifically listed above should be considered excluded. Collections through state or federal tax offset, bank levy, lien, or other involuntary collection methods will be eligible for a dollar-for-dollar match. All payments will be matched, including payments allocated to current support.
CSS does not compromise other state’s debts or private arrears or judgments.
CSS State’s Attorneys must approve all state debt compromise settlements.
There will be no overpayment and refund to the NCP.
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15. When a child reaches the age of majority or otherwise emancipates and arrears are owed on the order, how does your state determine the payment rate on arrears? (For example, is collection enforced at the support amount plus arrears amount?) |
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All Orders entered by the IV-D agency have a provision we call “Continuation of Support” that specifically provides for an amount of an arrears payment after emancipation. In most cases the court orders the previous current amount plus the previous arrears payment amount as the continuing new arrears payment amount. The court can Order in amount for the post emancipation payment amount. |
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16. When there is an existing support order between the parents of a child and the child’s residence changes from one parent to the other, does your state require that the new custodial parent obtain legal custody before child support is addressed? Please describe. |
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No. CSS requests documentary evidence of the change in custody, such as enrollment in a new school to document the change in physical custody. |
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1. Does your state law require custody and visitation to be addressed at the time of paternity/parentage establishment? If yes, please describe and provide the statutory citation. |
No
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2. How is genetic testing coordinated within your state when the other party is in another state? |
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3. What is the percentage of probability for genetic testing that creates a rebuttable or conclusive presumption of paternity? |
Rebuttable at 99%. See 10 O.S. 7700-505
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4. What is the state law citation that makes paternity acknowledgment conclusive? Please describe (if appropriate). |
A valid acknowledgment of paternity signed by both parents is equivalent to an adjudication of paternity of a child and confers upon the acknowledged father all of the rights and duties of a parent. See 10 O.S. 7700-305
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5. Does marriage constitute a rebuttable presumption of paternity/parentage without exceptions? Please describe and provide your statutory citation. |
Yes, A presumption of paternity may only be rebutted by an adjudication under article 6 of 10 O.S. 7700-204 of the Uniform Parentage Act. See 10 O.S. 7700-601 thru 7700-612.
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6. Does the father’s name on the birth certificate constitute a conclusive presumption of paternity? Please provide your state citation. If no, please describe. |
No, Birth Certificate clerks are trained to add fathers name if an AOP is completed or if either parent states they are married. Clerks are not required to investigate or validate actual marriage. This statement or representation of being married is not binding on either parent.
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7.Does your state have any other paternity/parentage-related presumptions? If yes, please describe. |
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No |
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8. What, if any, is the agency name and link for your state’s putative fathers’ registry? |
Oklahoma Department of Human Services, Post Adoption Section, Centralized Paternity Registry, P.O. Box 26768, Oklahoma City, OK 73126-0768 PH:(405)521-3832 Fax: 405-522-2361
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9.What documents regarding paternity can your state’s IV-D agency provide to other IV-D agencies? Are there any charges to the requesting IV-D agencies? |
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AOPs can be requested by emailing OCSS.AOP.Requests@okdhs.org. Paternity Orders entered by the IV-D agency may be request through the Central Registry. Non-IV-D paternity Orders can be requested of the District Courts, as found on wwww.OSCN.net. |
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10. Does your state’s bureau of vital statistics charge any fees to other states or private individuals for requesting searches, paternity/parentage documents, and data? |
Yes
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10.1 Describe any circumstances under which these fees may be waived? |
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11. Is common-law marriage currently recognized in your state? If yes, describe the standard that defines common-law marriage and the date the standard went into effect. |
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Yes, a common law marriage is formed when "the minds of the parties meet in consent at the same time." Some evidence of consent to enter into a common-law marriage are cohabitation, actions consistent with the relationship of spouses, recognition by the community of the marital relationship, and declarations by the parties. The person seeking to establish a common-law espousal relationship has the burden to show by clear and convincing the existence of the marriage. |
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12. If there was a prior common-law standard in your state that is no longer in effect, what were the dates that standard was in effect? Describe the standard. |
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13. If there is more than one child with the same custodial party and the same alleged father, should an initiating jurisdiction send one intergovernmental packet to your state (with a separate Declaration in Support of Establishing Parentage forms for each child) or a separate intergovernmental packet for each child? |
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1. Does your state use an administrative, judicial, or a combined process to establish a support obligation? |
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Both |
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1.1 If your state can establish both administratively and judicially, under what circumstances would your state use the administrative process? Please provide the statutory citation for your state's administrative procedures. |
Most offices use the administrative process. 56 O.S. Section 237 et. seq.
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1.2. Under what circumstances would your state use the judicial process? Please provide the statutory citation for your state's judicial procedures. |
Judicial process will be used when it is more efficient than the administrative process or when administrative process is unavailable for a particular local.
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2. When setting support using your state's guidelines, whose income is considered in addition to the noncustodial parent's (for example, custodial parent, spouse, child)? |
The other biological parent of the child for whom support is being determined.
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2.1. What documentation is required as proof/evidence of this information? |
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Any evidence available, including employment pay records, tax returns, contracts, etc. |
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3. What criteria for rebutting your presumptive guidelines have been established in your state? |
Court can deviate if award would be inequitable, unreasonable or inappropriate under the circumstances, or not in the best interest of the child; a specific finding of fact supporting such an action must be made by the court. 43 O.S. Section 118(B)
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4. Will your state establish support orders for prior periods of support? If yes, please describe (for example, from the birth of the child, from date of separation, prenatal expenses, five years retroactive). |
Yes, two (2) year limit for paternity cases.
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4.1. What information or documentation does your state require to proceed with establishing support for prior periods? |
Guidelines information for the prior period. Documentation of income for both parents for the period; evidence of custody; evidence of child support orders for other children and documentation of payments being actually made.
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4.2. Will your state allow a petition for support for a minor child when the only issue is retroactive support? |
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Yes. |
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4.3. If there are limitations upon your state's ability to establish support for prior periods, specify those limitations. |
Retroactive support allowed only in non paternity only if TANF expended and current child support is also being sought.
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5. Does your state require that a custodial party, who is not a biological parent, have legal custody of a child before establishing an order for support when public assistance is being expended? |
No. See 56 O.S. 237(C)(2).
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5.1. What about when public assistance is not being expended? |
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No. See 56 O.S. 237(C)(2). |
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6. When your state has issued an order that reserves support, and now child support should be ordered, does your state require establishment or modification? |
Modification.
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7. When there is an existing support order between the parents of a child and the child's residence changes from one parent to the other, does your state require that the new custodial parent obtain legal custody before child support is addressed? Please describe. |
No, but to determine the amount of support, an order may need to be established.
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1. What are specific sources of income not subject to withholding? |
None. "Income" or "earnings" means any form of payment to an individual regardless of source including, but not limited to, wages, salary, commission, compensation as an independent contractor, workers' compensation, disability, annuity and retirement benefits, and any other payments made by any person, private entity, federal or state government, any unit of local government, school district, or any entity created by law. See 12 O. S. §1170 and 56 O. S. §237.7
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2. Does your state law adopt the federal Consumer Credit Protection Act (CCPA) income withholding limits? Please provide the statutory citation. |
Yes, Oklahoma law provides for the same withholding limits as the federal Consumer Credit Protection Act (CCPA). See 12 O.S. § 1171.2.
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2.1 Does your state have policy or procedures allowing the agency to use lower limits than the CCPA? |
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No |
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3. Does your state charge any fees to the noncustodial parent that the employer must withhold and remit to the state? If yes, please explain. |
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No |
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4. Is an employer required to begin withholding after the date of service, receipt, or mailing of an income withholding order? |
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Yes. The income assignment shall take effect on the next payment of earnings to the obligor after the payor receives notice. The amount withheld shall be sent to the Centralized Support Registry as provided for in Section 413 of Title 43 of the Oklahoma Statutes within seven (7) days after the date upon which the obligor is paid. See 12 O.S. 1171.3 and 56 O. S. 237.7. |
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5. What are your state’s sanctions for employers for not implementing income withholding? |
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In Oklahoma, employers who fail to comply with income withholding orders for child support face potential consequences, including liability for the accumulated amount that should have been withheld, fines, and interest on the overdue amount. |
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6. What are the penalties to an employer for failure to remit payments withheld? |
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The payor is liable for any amount up to the accumulated amount that should have been withheld and paid, and may be fined up to Two Hundred Dollars ($200.00) for each failure to make the required deductions if the payor:
a. fails to withhold or pay the support in accordance with the provisions of the income assignment notice, or
b. fails to notify the person or agency designated to receive payments as required.
See 12 O.S. 1171.3 and 56 O. S. 237.7
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7. Does your state allow other jurisdictions to send income withholding orders for unemployment insurance (UI) benefits directly to your state’s UI agency? If yes, please explain your process and include any additional required documents. |
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No. See 40 O.S. § 2-801. |
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7.1 If no, what is your state’s process to aid the other jurisdictions in withholding UI benefits? Please describe and include the required documents. |
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IV-D agencies must send full service intergovernmental referrals to Oklahoma CSS. Private parties must apply for full service enforcement. Once a new full service case is established, Oklahoma CSS will then refer all obligations for unemployment offset. |
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8. Does your state allow other jurisdictions to send income withholding orders directly to a noncustodial parent’s financial institution in your state? If yes, please explain your process and include any additional required documents. |
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No |
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8.1 If no, what is your state’s process to aid the other jurisdiction in collecting from a financial institution? Please describe and include the required documents. |
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IV-D agencies should send a limited service intergovernmental referral to the Oklahoma Intergovernmental Central Registry using a Transmittal #3. The Transmittal should also include a copy of the child support order, documentation of the known bank match, and an arrears computation. The case will be assigned to the State Office FIDM Team to pursue enforcement by FIDM only, following Oklahoma’s legal requirements. If you have questions, contact the FIDM Coordinator listed in the contacts section of the IRG. |
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9. How does a noncustodial parent contest an income withholding in your state? |
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In Oklahoma, a noncustodial parent can contest an income withholding order (IWO) for child support, by contacting Oklahoma Child Support Services (CSS): The first step should be to contact the Oklahoma Child Support Services (CSS) to discuss the specific circumstances and concerns regarding the income withholding order. The CSS customer service line is 1-800-522-2922. CSS can review the child support case to ensure the IWO is correct and explore potential informal avenues for addressing the noncustodial parent's concerns.
An obligor may also request a hearing by delivering written notice to the District Office on a form provided which states the date and location of the hearing if requested on or before the fifteenth day from the date of service of the notice. On receipt of the hearing request, the CSS Division shall promptly enter the appearance of the obligor on the administrative court hearing docket. The administrative court shall hear and determine the matter and, unless the obligor successfully shows there is a mistake of identity or a mistake in the existence of current or delinquent child support, the administrative court shall enter a judgment, determine the amount of judgment payments, if any, and order the assignment of nonexempt earnings of the obligor pay the judgment and future monthly support payments. See 56 O.S. §240.2 |
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10. When your state is enforcing an order and receives payment through income withholding that is not enough to cover the full amount ordered, how does your state apply the payment to the types of support (for example, current, arrears, medical, spousal support, other)? Please describe and provide the statutory citations, if appropriate. |
When responding to a notice of income assignment pursuant to Section 1171.3 of this title and a National Medical Support Notice issued pursuant to Section 118.1 of Title 43 and Section 6058A of Title 36 of the Oklahoma Statutes, the payor shall allocate available income in the following priority:
1. Current child and spousal support;
2. Health insurance premiums;
3. Arrearages; and
4. Other child support obligations.
If after payment of current child and spousal support there is insufficient income to pay the premiums necessary to provide dependent health insurance, the payor shall allocate the remaining withholding to arrearages and then to other child support obligations. An obligor may voluntarily elect to have the payor withhold amounts in excess of the limits in subsection B of this section to pay the obligor’s portion of the health insurance premium for a dependent child.
See 12 O.S. § 1171.2
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11. Do you send IWOs to employers for independent contractors? If yes, do you have a special process for determining the amount to withhold? |
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Yes. Payors, including “Independent Contractors” are required to honor IWO’s.
Definition of income – “income” means income from any source and includes, but is not limited to, income from salaries, wages, commissions, bonuses, dividends, vacation pay, severance pay, pensions, rent, interest income, trust income, annuities, compensation as an independent contractor, social security benefits, workers; compensation benefits, unemployment insurance benefits, disability insurance benefits, gifts, prizes, and any form of periodic payment to an individual regardless of source, and any other payments made by any person, private entity, federal or state government, school district, or any entity created by law. See 12 O.S. § 1171.2 and 56 O.S. §237.7.
Note: CCPA limits do not apply to “Independent Contractors” as they are not employees. There is no withholding limit. |
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1. What data matches (for example, financial institution, state lottery) and enforcement remedies are available through Automated Administrative Enforcement in Interstate Cases (AEI) in your state? (See AT-08-06: Implementing Section 466(a)(14) of the Social Security Act, High-Volume, Automated Administrative Enforcement in Interstate Cases.) |
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State & Federal offset for Tribal IV-D programs. |
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2. What criteria must be met, and in addition to Transmittal #3, what documentation does your state require to proceed with an AEI request? |
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Tribal IV-D process requires a MOU, then the process is entirely electronic. Tribal case must have $500 or more of arrears. |
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3. What are your state's criteria for reporting a noncustodial parent's child support information to credit bureaus? |
At least 2 months prior financial history, arrears greater than $10,000 or 92% of monthly due not paid. Once referred, continues monthly until all arrears are paid or the case is closed.
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4. To which credit bureaus does your state report a noncustodial parent's child support information? |
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Transunion, Equifax, Innovis |
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5. Is the method for credit bureau reporting judicial, administrative, or both? |
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Administrative |
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6. Can a noncustodial parent who no longer has a past-due account have the report removed from the credit bureau? If so, what must the noncustodial parent do?" |
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CSS automatically sends a "paid" indicator and a zero balance due report when all arears are paid in full. Customers may communicate with the CSS District handling their case(s) or may also submit a "dispute" with the Credit Bureau agency. |
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7. When your state is the responding state, does it submit past-due cases to OCSS for federal administrative offset? If yes, what is the minimum required past-due amount? |
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No |
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8. When your state is the initiating state, does it submit past-due cases to OCSS for federal administrative offset? If yes, what is the minimum required past-due amount? |
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Yes, $150 for cases with TANF & $500 for private arrears. |
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9. When your state is the responding state, does it submit past-due cases to OCSS for insurance match? If yes, what is the minimum required past-due amount? |
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No |
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10. When your state is the initiating state, does it submit past-due cases to OCSS for insurance match? If yes, what is the minimum required past-due amount? |
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Yes, $150 for cases with TANF & $500 for private arrears. |
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11. When your state is the responding state, does it submit past-due cases to OCSS for MSFIDM? If yes, what is the minimum required past-due amount? |
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No |
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12. When your state is the initiating state, does it submit past-due cases to OCSS for MSFIDM? If yes, what is the minimum past-due amount? |
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Yes, $150 for cases with TANF & $500 for private arrears. |
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13. When your state is the responding state, does it submit past-due cases to OCSS for passport denial? |
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No |
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14. Are the financial institution attachment procedures in your state judicial, administrative, or both? |
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Administrative |
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15. Are there specific account types exempt from the administrative financial institution attachment process in your state? If yes, which account types are exempt? |
No
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16. Is the financial institution attachment process in your state centralized and/or automated? |
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Automated levies are centralized. Matches not meeting automated criteria are referred to district offices for review and potential manual levy. |
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17. What are the criteria to attach an account in a financial institution in your state? |
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Arrears must equal the child support payable for at least 90 days. 56 O.S. 240.22a et seq. |
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18. Does your state's law require financial institutions doing business in your state to accept enforcement actions directly from other states? If yes, provide the statutory citation. Please explain. |
No
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19. If there are no statutory criteria required to attach an account, describe the process for requesting a financial institution attachment from another child support agency (for example, a Transmittal #3) and list additional documentation required. |
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Send a limited service intergovernmental referral to the Intergovernmental Central Registry. Use the Transmittal #1 marking Action needed as "5. Other: FIDM only", Child Support Agency Confidential Information Form, copy of order, arrears statement, bank information including account # & direct contact number for CSE worker sending request. |
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20. Does your state's income withholding definition include amounts in financial institutions? |
No. Financial institutions holding accounts do not meet the IWO definition of a "payer". See 12 O.S. 1170
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21. Does your state require sending a notice of intent to the noncustodial parent when attaching an account in a financial institution? Who notifies the noncustodial parent - the state, the financial institution, or both? |
Yes. The state notifies the noncustodial parent. The FIDM levy freezes the account for 60 days and expires automatically unless released prior to the 60 days in writing by Child Support.
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22. How long does the financial institution have to hold funds before sending the noncustodial parent's assets to your child support agency? |
21 days
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23. Does your state law or policy require the financial institution and/or state to hold the attached assets during the challenge or appeal time frame? If yes, provide the statutory citation and time frames. |
Yes. See 56 O.S. 240.22. Financial Institution holds frozen funds for initial 21 days. Freeze continues for a total of 60 days with remittance after each additional seizure.
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24. What amount or percentage of the noncustodial parent's financial assets are eligible for attachment? Is this different for joint accounts? Please explain. |
All amounts are eligible for attachment, but the amount of the remittance to child support, after deducting any bank fee, must equal or exceed $50.00; No it is not different for joint accounts.
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25. What are the criteria for an obligor or joint account holder to contest a financial institution attachment? |
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26. Does your state have procedures to liquidate non-liquid assets (for example, stocks, bonds, etc.)? If yes, provide the statutory citation and the procedures to follow. |
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27. What are your state's criteria for driver's license revocation/suspension for nonpayment of support? |
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28. What are your state's criteria for driver's license restoration/reinstatement, including hardship exemptions? |
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29. Does your state allow temporary or conditional driver's licenses? If yes, what are the criteria? |
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30. What are your state's criteria for professional license revocation/suspension for nonpayment of support? Specify the professional license types. |
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31. What are your state's criteria for professional license restoration/reinstatement, including hardship exemptions? |
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32. Does your state allow temporary or conditional professional licenses? If yes, what are the criteria? |
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33. What are your state's criteria for recreational license revocation/suspension for nonpayment of support? Specify the recreational license types. |
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34. What are your state's criteria for recreational license restoration/reinstatement, including hardship exemptions? |
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35. Does your state allow temporary or conditional recreational licenses? If yes, what are the criteria? |
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36. What are the criteria for initiating/filing a lien in your state? |
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37. Is the lien process in your state primarily judicial, administrative, or both? Please describe. |
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38. Does your state enforce property seizure and sale? If yes, is this process primarily judicial, administrative, or both? Please describe. |
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39. Does your state have state income tax refund offset as an enforcement remedy? If yes, describe whether the process for this remedy is primarily judicial, administrative, or a combination. |
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40. Does your state intercept lottery or other types of gaming/gambling winnings in your state? If so, what kind of winnings are included? |
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40.1 If yes, is this enforcement judicial, administrative, or both? |
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41. What other administrative enforcement procedures are available in your state that are not otherwise described in the IRG? |
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42. What other judicial enforcement procedures are available in your state that are not otherwise described in the IRG? |
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1. How frequently does your state conduct order reviews in IV-D cases (for example, every year or every three years)? (See 45 CFR 303.8.) |
If requested by a party, not more often than once a year unless there is a material change of circumstances. At least every three years for cases with a TANF assignment. See 340:25-5-198.1
For Additional Information -
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2. What is your state's modification procedure? Briefly describe. |
Once case is reviewed and determined to be appropriate for a modification, we attempt to obtain an agreement from the parties to the proposed adjustment. If no agreement is reached, the parties are given 15 days to object to the recommendation of the CSE by submitting additional information. A hearing date is set for the court to approve the request and Order of Modification.
For Additional Information - No Link Provided
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3. What are the criteria for modification under your state's guidelines (for example, a change that is more than $50 or 20% upward or downward from the current amount ordered)? |
Courts modify upon a material change in circumstances. For CSS to proceed with seeking a modification the amount of the support award must deviate from the existing award by an amount greater than 20%.
For Additional Information - No Link Provided
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4. Which of the following criteria for demonstrating a change in circumstances apply for modifying an order? |
Child support orders may be modified upon a material change in circumstances which includes, but is not limited to, an increase or decrease in the needs of the child, an increase or decrease in the income of the parents, incarceration of a parent for a time period of more than one hundred eighty (180) consecutive days, changes in actual annualized child care expenses, changes in the cost of medical or dental insurance or when one of the children in the child support order reaches the age of majority or otherwise ceases to be entitled to support pursuant to the support order. The court shall apply the principles of equity in modifying any child support order due to changes in the circumstances of either party as it relates to the best interests of the children.
For Additional Information -
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4.1. The earnings of the noncustodial parent have substantially increased or decreased. |
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Yes |
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4.2. The earnings of the custodial parent have substantially increased or decreased. |
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Yes |
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4.3. The needs of a party or the child(ren) have substantially increased or decreased. |
No
For Additional Information - No Link Provided
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4.4. The cost of living has changed. |
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No |
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4.5. The child(ren) has extraordinary medical expenses not covered by insurance. |
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Yes |
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4.6. There has been a substantial change in childcare expenses. |
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Yes |
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4.7. What other criteria does your state use for demonstrating a change in circumstances for modifying an order? |
When an order is not in compliance with the child support guidelines or visitation exceeds 120 nights per year.
For Additional Information - No Link Provided
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5. Does your state have a cost of living adjustment (COLAs) for orders? If yes, what index does your state use? (See 45 CFR 303.8(b)(1)(ii).) |
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No |
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6. After learning that a parent who owes support will be incarcerated for more than 180 calendar days, does your state elect to initiate a review of an order without the need for a specific request, i.e., automatically? (See 45 CFR 303.8(b)(2).) |
Yes
For Additional Information - No Link Provided
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7. If a child’s family SSD benefit paid directly to the CP is less than the child support, does the above situation qualify as a change of circumstance for a review and adjustment? |
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8. Does your procedure require a request from a party to review an order in an IV-D Non-Public Assistance case? If yes, must the party sign the request? |
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9. Can the IV-D agency initiate a review in an IV-D Non-Public Assistance case without a request from the party (for example, based on data from automated sources that the parent is receiving unemployment or SSI)? |
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1. Does your state elect to recover costs in excess of any fees collected to cover administrative costs in your child support state plan? (See section 454(6) of the Social Security Act and 45 CFR 302.33(d).) If yes, does your state collect excess actual or standardized costs on a case-by-case basis? Please describe. |
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Yes, state plan 2.5
Any costs incurred in excess of any fees collected to cover administrative costs under the State plan in providing services are:
recovered from either the former IV-A
recipient; former Medicaid recipient; or
former title IV-E foster care recipient or the
individual who has filed an application for
IV-D services, in accordance with 45 CFR
302.33(d)
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1.1. If yes, does your state recover costs from the custodial parent or the noncustodial parent? (Note: No costs can be assessed against a foreign custodial parent applying through a Central Authority in a Hague Convention country, a foreign reciprocating country, or a foreign country with state-level reciprocity.) |
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Recovered from either the former IV-A
recipient; former Medicaid recipient; or
former title IV-E foster care recipient or the
individual who has filed an application for
IV-D services, in accordance with 45 CFR
302.33(d)
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2. Does your state recover costs on behalf of an initiating state that has elected to do cost recovery? If yes, describe. |
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Yes, genetic test cost is recovered from the putative father, if paternity is established. |
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3. How does your state impose and collect the mandatory $35 annual fee (after collecting the first $550)? This fee is applicable in IV-D cases in which individuals who never received IV-A assistance are receiving IV-D services. (See 45 CFR 302.33(e).) See options below. |
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State plan 2.5-4
The State shall impose the annual $35 fee and the fee
will be collected by one or more of the methods below.
The fee shall be:
Retained by the State from support
collected on behalf of the
individual (but not the 1st $550 collected)
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3.1. Is it retained by the state from support collected? |
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Yes,
The State shall impose the annual $35 fee and the fee
will be collected by one or more of the methods below.
The fee shall be:
Retained by the State from support
collected on behalf of the
individual (but not the 1st $550 collected) |
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3.2. Is it paid by the individual applying for child support services? |
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No |
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3.3. Is it recovered from the noncustodial parent? |
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No |
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3.4. Is it paid by the state out of its state funds? |
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No |
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1. Does your state require electronic payments? If yes, provide your state statutory citation. |
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No |
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2. What is your state's SDU bank name? |
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The SDU bank is Chase Bank. |
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3. What is your state's SDU vendor name? |
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Systems & Methods, Inc. (SMI) - collections and disbursements |
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4. What is your state's web-based payment service for employers? |
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Web-based payment service (free for employers and noncustodial parents): Website: https://ok.smartchildsupport.com
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5. What is your state's web-based payment service for noncustodial parents? |
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Web-based payment service (free for employers and noncustodial parents): Website: https://ok.smartchildsupport.com |
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6. Does your state accept credit card payments? If yes, who does your state accept credit card payments from? |
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Credit and debit card payments accepted from noncustodial parents at no cost. |
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7. How does your state accept card payments? |
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8. Are there fees associated with the credit card payments? |
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9. Does your state have other payment options? |
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10. How many days following the first pay period after service, receipt, or mailing of an income withholding order is an employer required to begin withholding? |
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Upon the next payment to the obligor.
For Additional Information:
http://www.oscn.net/applications/oscn/deliverdocument.asp?cite=12+o.s.+1171.3 |
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11. When must an employer remit amounts withheld from an employee's pay? |
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Within seven (7) days after the date the obligor is paid.
For Additional Information:
http://www.oscn.net/applications/oscn/deliverdocument.asp?cite=12+o.s.+1171.3 |
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12. When calculating disposable income for child support purposes, what are the mandatory deductions from gross income required by state law, such as union dues or medical insurance premiums? |
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In Oklahoma, mandatory deductions are federal, state, and local taxes, Social Security taxes, Medicare taxes, and statutory pensions.
For Additional Information:
https://oklahoma.gov/okdhs/services/child-support-services/info-for-employers/resources.htm |
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13. What is your state's priority for withholdings? |
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Employers receiving an income assignment and NMSN are to allocate withholdings to (1) current child and spousal support, (2) health insurance premiums, (3) arrearages, then (4) other child support obligations. |
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14. Does your state law adopt the federal Consumer Credit Protection Act (CCPA) income withholding limits? Provide the statutory citation. |
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Yes.
12 O.S. §1171.2 |
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15. What are the withholding limits for non-employees? |
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The payer should withhold 100% of the amount due each month. Do not exceed the total monthly amount to withhold each month. |
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16. How does your state allocate payments when there is more than one claim against the noncustodial parent's income? Should the payment be divided equally, or prorated among the cases? (See 45 CFR 303.100(a)(5).) |
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All collections are allocated first to cases with current support due, and shared pro rata based on the monthly current support payment plan. If there are additional collections then they are allocated across multiple obligations pro rata based on the monthly arears payment plan first, then pro rata based on total arrears balance due. |
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17. When does your state require employers to send notice of an employee's termination? |
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Within 10 days of the date the obligor terminates employment.
For Additional Information:
http://www.oscn.net/applications/oscn/deliverdocument.asp?cite=12+o.s.+1171.3 |
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18. How long should an employer retain the order after the employee's termination? |
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1 year |
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19. What is the maximum fee for the administrative cost that an employer may charge for processing income withholding orders? (45 CFR 303.100 (e)(iii)) |
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$5.00 per pay period not to exceed $10.00 per month. See 12 O.S. §1171.3 and 56 O.S. §240.2
For Additional Information:
http://www.oscn.net/applications/oscn/deliverdocument.asp?cite=12+o.s.+1171.3 |
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20. Provide your state's statutory citation. |
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12 Okla. Stat. §§1171.2, 1171.3
For Additional Information:
http://www.oscn.net/applications/oscn/deliverdocument.asp?cite=12+o.s.+1171.3 |
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21. Does your state have a definition of a lump sum or bonus? Provide the statutory citation. (Note: States may define "lump sum" more broadly than only employer-related lump sums.) |
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There is no state statute or OKDHS policy that defines lump sums. Oklahoma Child Support Services has internal guidelines that define lump sums, but these carry no legal weight. |
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22. Does your state law require employers to report lump sum payments? If yes, provide the statutory citation or rule. |
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Employers are not required to report lump sums by state statute; however, we work with employers and encourage them to report on their own. |
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23. Does your state have a threshold amount for a lump sum to be reported? |
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The instructions to staff used by Oklahoma Child Support Services do not specify a threshold amount for lump sums. |
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24. Does your state citation or rule provide how long the employer must hold the lump sum? |
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We ask employers to report to us at least a week in advance if at all possible. |
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25. Is the Income Withholding Order (IWO) used for lump sums? |
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Not at the present time, however a project is underway to allow workers to use the IWO for lump sums. |
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26. How does your state attach different types of lump sum payments? For example, does your state use the OMB-approved IWO for employer- issued bonuses, a lien, and levy notice for workers' compensation (if workers' compensation is considered a lump sum payment in your state), etc.? |
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A designated lump sum IWO can be issued upon request. |
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27. If the lump sum is earnings as defined by the CCPA, does your state limit the withholding to a greater degree than the CCPA limitation? |
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28. If the lump sum is not earnings as defined by the CCPA, does your state limit the withholding/attachment? |
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29. What is your state's Medical Support Statute? |
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Title 43 OS Section 118F
For Additional Information:
https://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=452148 |
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30. What is your state's Reasonable Cost Definition? |
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The pro rata share of the actual premium cost for the child or children paid by the insured does not exceed five percent (5%) of the gross income of the responsible parent.
For Additional Information:
https://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=452148
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31. What is the Health Coverage Expense? |
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32. What is the Income Withholding Limits for Support? |
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Oklahoma follows the CCPA limits.
For Additional Information:
https://www.oscn.net/applications/oscn/deliverdocument.asp?cite=12+o.s.+1171.3 |
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33. What is the Priority of Withholding? |
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Employers receiving an income assignment and NMSN are to allocate withholdings to: (1) current child and spousal support, then (2) health insurance premiums, (3) arrearages, then (4) other child support obligations. |
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34. What is the priority of health coverage if the income withholding limit is less than the total costs of ordered coverage? |
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35. According to 45 CFR §303.32(a), what are your state options? |
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All child support orders shall include a provision for medical support of a child whether through public or private health care coverage available at a reasonable cost to be provided by either or both parents. |
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36. What does your state do if an employee contests 45 CFR §303.32(c)(5)? |
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37. What is the reporting timeframe (non-magnetic media only)? |
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Within 20 days of hire date. |
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38. What are the required data elements? |
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New Hire Information: Employee name, Employee address, SSN, First day of work or recall to work, Date of birth, State of hire, Occupation, Salary; |
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39. What are the methods of transmission? |
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Online (portal), Mail, Fax |
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40. Does your state require independent contractor reporting? |
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No |