Okla. Admin. Code § 340:25-5-212 - Financial institution data match reporting system
Current through Vol. 39, No. 14, April 01, 2022
(a)
Legal basis. Oklahoma
Department of Human Services Child Support Services (CSS) maintains a financial
institution data match reporting system to identify noncustodial parents' (NCP)
assets and issue levies on accounts of NCPs who are in noncompliance with an
order for support. In maintaining the system, CSS follows Part A of Subchapter
IV of Chapter 7 of Title 42 of the United States Code, associated federal
regulations, and state statutes. This Section establishes provisions necessary
to implement Sections 666(a)(17) and 669A of Title 42 of the United States
Code, Section 307.11 of Title 45 of the Code of Federal Regulations, and
Sections
240.22
through
240.22G
of Title 56 of the Oklahoma Statutes (56 O.S. §§ 240.22-240.22G). The
definitions in 56 O.S. § 240.22A apply to the terms used in this
Section.
(b)
Financial
institutions.
(1) All data supplied to
CSS by financial institutions doing business in Oklahoma must be in accordance
with the Financial Institution Data Match Specifications Handbook published by
the federal Office of Child Support Enforcement.
(2) A financial institution may charge an
account levied on by CSS a fee of $20, per 56 O.S. § 240.22E(E), which is
deducted from the account before the financial institution remits funds to CSS.
If the levied funds are subsequently refunded by CSS because there is a mistake
of identity or the obligor did not owe three months of child support at the
time of the levy, CSS refunds any fee charged to the appropriate account
holder.
(c)
Levies. Levies are for the total amount of past-due support per 56
O.S. § 237.7. Per 56 O.S. § 240.22G, CSS automatically issues a levy
for each matched account unless the NCP has made voluntary payments of at least
75 percent of the court-ordered payment plan payments due over the last three
full calendar months prior to the date of the levy. CSS considers a manual levy
appropriate when there is evidence the NCP has funds subject to levy not
previously considered by CSS in establishing the monthly court-ordered payment
plan. CSS requests the financial institution not remit funds in an amount less
than $50, unless otherwise ordered by the court.
(d)
Notice of levy and administrative
review.
(1) CSS sends a notice of levy
to an NCP within three calendar days after sending the levy to the financial
institution per 56 O.S. § 240.22G. The notice of levy includes:
(A) instructions for the NCP or a
non-obligated joint account holder to request an administrative review in
writing;
(B) a description of the
grounds for requesting an administrative review;
(C) a description of the review process;
and
(D) notice that failure to
submit a timely request for review in writing means the levy is
final.
(2) It is the
responsibility of the NCP to notify any joint account holder(s) of the
levy.
(3) Either the NCP or a
non-obligated joint account holder may request an administrative review of the
levy in writing after the date on the notice of levy per 56 O.S. §
240.22G.
(4) A non-obligated joint
account holder may request an administrative review in writing when the levied
funds are not owned by the NCP.
(5)
Upon receipt of a request for an administrative review, CSS:
(A) contacts the requesting party within
three business days to:
(i) notify the party
the review has begun; and
(ii)
request further information as necessary;
(B) completes the review as soon as possible,
not to exceed three business days from receiving all necessary information;
and
(C) completes the review using
the best information available when the party requesting a review does not
provide the information requested by CSS within five business days of the
request.
(6) The purpose
of the administrative review is to quickly resolve any obvious factual
errors.
(7) After the
administrative review, CSS issues a notice of administrative review decision
and information about requesting an administrative hearing.
(e)
Administrative
hearing. Either the NCP or a non-obligated joint account holder may
request a hearing before the Oklahoma Department of Human Services Office of
Administrative Hearings: Child Support (OAH), by the date specified in the
notice of administrative review decision. A request for an OAH hearing must be
submitted in writing to the district office.
(f)
Release of funds from levy.
(1) CSS releases funds from levy when the
person requesting review of the levy submits sufficient and credible evidence
at the administrative review that the source of the funds is:
(A) Supplemental Security Income (SSI) or
concurrent SSI and Social Security Disability Insurance (SSDI)
benefits;
(B) State Supplemental
Payments (SSP) for Aged, Blind and the Disabled;
(C) Temporary Assistance for Needy Families
(TANF) benefits;
(D) child support
payments, when the obligor is the custodial person of a minor child(ren) and is
receiving the payments as required by a court order; or
(E) the property of the non-obligated account
holder.
(2) When the
account contains funds from sources listed in (1) of this subsection as well as
funds from other sources, CSS can levy the funds that are not from a source
included in the list in (1) of this subsection.
(3) Funds from a levy may be released, in
full or in part, at the discretion of the state's attorney.
Notes
The following state regulations pages link to this page.
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.