Okla. Admin. Code § 340:25-5-140 - Past support
(a)
Legal
authority. Oklahoma Human Services, Child Support Services (CSS) takes
appropriate action to collect support and secure compliance with support
orders.
(1) When a support order does not
specify an effective date, a payment is due on the first day of the month
following the child support order's entry and on the first day of each month
thereafter except when another state's law governs the due date.
(2) CSS determines past-due support and
support for a prior period based on information in available records from
courts, Title IV-D and other public and private agencies, the custodial persons
(CPs), the noncustodial parents (NCPs), and others.
(3) CSS may require sworn written statements
and supporting documents from CPs, NCPs, and others pertaining to support
payments. The primary legal foundations for determination and collection of
past-due support and support for a prior period are applicable provisions of:
(A) Part D of Subchapter IV of Chapter 7 of
Title 42 of the United States Code;
(D) Sections
83 and
7700-636 of Title 10 of the Oklahoma Statutes (10 O.S. §§ 83 and 7700-636),
Chapters 3 and 21 of Title 12, Title 43, and 56 O.S. §§
231 through
240.23.
(b)
Definitions. The following words and terms, when used in this
Section shall have the following meanings unless the context clearly indicates
otherwise:
(1)
"Abate" means,
per 43 O.S. Section 118I, an NCP does not owe the child support obligation when
incarcerated for 180-consecutive days. Upon eligibility, child support is no
longer owed effective the first day of the month following the entry date into
the correctional facility or jail and does not accrue for the duration of the
incarceration.
(2)
"Incarceration" means, per 43 O.S. Section 118I, an
obligor is in custody on a fulltime basis in a local, state or federal
correctional facility. Incarceration shall not include probation, parole, work
release or any other detention alternative program that allows the obligor to
be gainfully employed.
(c)
Judgment payment. Per 43
O.S. § 137, the monthly payment schedule on past support may not exceed three
years unless specific findings of fact supporting the action are made. CSS
considers a three-year payment schedule to be unjust, unreasonable,
inequitable, or inappropriate when CSS has evidence that the NCP cannot comply
with the payment plan. CSS requests a monthly payment schedule that may exceed
three years in accordance with the best evidence available, including the NCP's
earning records, past job history, earning ability based on education and
training, and mental or physical incapacities. CSS also considers an NCP's
other child support obligations and total arrears.
(d)
Enforcement.
(1) CSS takes action to enforce past-due
support and support for a prior period, per Oklahoma Administrative Code (OAC)
340:25-5, Part 23.
(2) CSS collects
amounts from the original child support order date, including any judgments for
support for a prior period, and does not limit collection of past-due child
support to amounts accruing from the time a case is opened or
reopened.
(3) When CSS receives a
new case with an existing order, or when a previously closed case reopens and
has an existing order, CSS does not calculate a past-due support balance, or
take action to enforce past-due support, until 30-calendar days from the
mailing date of the notice of case letter and affidavit of payments document to
the NCP. This does not preclude initiating an income assignment to collect
current support.
(4) Past-due child
support remains due to the CP with whom a child resided during the month the
past support was due.
(5) When CSS
takes action to enforce past-due support and support for a prior period for a
Service member's child, CSS applies the provisions of the Service members Civil
Relief Act, codified in
50
U.S.C. §§ 3901 through
4043.
(e)
Settlement of past
support.
(1) Settlements of past
support may include:
(A) an NCPs lump sum
partial payment or a series of payments made toward the total amount of past
support;
(B) an agreement for the
NCP to pay a specified number of current child support payments in the future;
and
(C) acceptance of in-kind goods
or services in exchange for waiving a certain amount of past child
support.
(2) Settlements
of past support must be memorialized in a court order and the CP must sign the
court order when the past support is owed to the CP.
(3) Per 43 O.S. § 112, CSS:
(A) acknowledges the rights of the CP and NCP
to mutually agree to waive with approval of the court, all or a portion of the
past child support due to the CP; or
(B) may negotiate the right to collect all or
part of past support owed to Oklahoma.
(f)
Annual notice. CSS uses the
annual notice to the NCP parent, per 56 O.S. § 237A to confirm the amount of
past-due support and remaining balances on previously confirmed judgments.
Past-due support and remaining balances on judgments for support for a prior
period may also be confirmed during other enforcement actions, per OAC
340:25-5, Part 23.
(g)
Death
of CP.
(1) When the CP dies, CSS
issues child support payments for past due support to:
(A) the decedent's estate, when the estate's
administrator notifies CSS in writing; or
(B) any state owed past due support, per OAC
340:25-5-351.
(2) Except as provided in (1) of this
subsection, CSS refunds payments to the:
(A)
payor, when the payor's address is known;
(B) NCP when the payor's address is unknown,
or payments are returned due to the inability to distribute.
(3) CSS does not file a
forced probate court action to determine heirs and distribute past support to
heirs.
(h)
Jurisdiction. When an Oklahoma tribunal 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 another
state's tribunal to enforce the child support orders.
(i)
Incarcerated NCP. Per 43
O.S. §118I, beginning November 1, 2021, there is a rebuttable presumption that
an NCP who is incarcerated for a period of 180-consecutive days is unable to
pay child support. When a payment is made during incarceration, the presumed
ability to pay child support may be rebutted for that payment period. CSS makes
a final determination whether the order is abated.
Notes
Added at 9 Ok Reg 3275, eff 6-26-92 (emergency) ; Added at 10 Ok Reg 1813, eff 5-13-93 ; Amended at 17 Ok Reg 2426, eff 7-1-00 ; Amended at 18 Ok Reg 1226, eff 7-1-01 ; 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 24 Ok Reg 1301, eff 7-1-07 ; Amended at 25 Ok Reg 1307, eff 7-1-08 ; Amended at 26 Ok Reg 1245, eff 7-1-09 ; Amended at 27 Ok Reg 1201, eff 7-1-10 ; Amended at 29 Ok Reg 765, eff 7-1-12 ; Amended at 30 Ok Reg 646, eff 7-1-13
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