Okla. Admin. Code § 340:25-5-124.4 - Multiple case processing

Current through Register Vol. 39, No. 7, December 15, 2021

(a) Definitions. The following words and terms when used in this Section shall have the following meanings unless the context clearly indicates otherwise:
(1) "Multiple case action" means a noncustodial parent (NCP) has multiple cases that are worked together for the primary purpose of right-sizing the NCP's child support orders. A multiple case action includes either an establishment action, modification action, or both. Child Support Services (CSS) presents multiple case actions to the Office of Administrative Hearings: Child Support (OAH) or district court as appropriate. When appropriate, CSS may pursue enforcement action in addition to completing the other action(s). CSS follows Oklahoma Administrative Code (OAC) 340:25-5-200.3 when multiple case processing involves enforcement actions only.
(2) "Right-sizing" means establishing and modifying child support orders and setting judgment payments that reflect current circumstances and actual income, unless the evidence supports imputing, to encourage NCP compliance and consistent, reliable support collections for the child(ren) involved.
(b) Determination of multiple case actions. CSS determines whether there is evidence to justify a modification per OAC 340:25-5-198.2 and Section 237 of Title 56 of the Oklahoma Statutes (56 O.S. § 237 ). When determining whether it is appropriate to conduct a multiple case action, CSS considers:
(1) the NCP's income;
(2) the NCP's ability to pay all child support orders each month, in full;
(3) if the NCP is paying on all cases; and
(4) the monthly child support amount per 43 O.S. §§ 118-118I.
(c) Interstate multiple case actions. Multiple case actions involving non-Oklahoma orders are worked per this subsection.
(1) When Oklahoma has continuing exclusive jurisdiction, a case is included in a multiple case action.
(2) When Oklahoma does not have continuing exclusive jurisdiction and:
(A) current support is still due, a case may be included in a multiple case action when all necessary parties consent for Oklahoma to exercise jurisdiction to modify the support order per 43 O.S. § 601-611; or
(B) consent is not received for Oklahoma to exercise jurisdiction to modify, the interstate case is included only for determination of the judgment payment plan.
(d) Initial transfer of cases. When CSS initiates a multiple case action, CSS transfers cases as necessary to the office completing the multiple case action.
(e) Initial notice. CSS provides notice to the custodial persons and the NCP, explaining their case:
(1) is involved in a multiple case action;
(2) was temporarily transferred, as appropriate, to another office for the multiple case action; and
(3) will be returned to its original office after completion of the multiple case action.
(f) Child support computation preparation. In multiple case actions, CSS prepares:
(1) individual child support computation forms for each case, including medical support and child care costs for the family group; and
(2) one combination child support computation form that treats the NCP's children as one family, allowing a child support amount based on a pro rata share. The combined child support computation form uses the NCP's income and an average of all the cases' biological parents' (BP) income and does not include medical support or child care costs.
(g) Filing. CSS files multiple case actions in OAH or district court and requests the court:
(1) consider all of the NCP's cases at the same time;
(2) deviate from the individual guidelines child support amount due to extreme economic hardship and to more equitably distribute the resources available, as supported by 43 O.S. § 118H and OAC 340:25-5-178;
(3) order a pro rata child support amount calculated by averaging the BPs' incomes and dividing the NCP's total child support amount evenly among all children; and
(4) add medical support and child care costs from the individual child support computation form to the pro rata child support amount.
(h) Conclusion of multiple case action. After a multiple case action is concluded, the multiple case processing office transfers each case back to the original office.

Notes

Okla. Admin. Code § 340:25-5-124.4
Adopted by Oklahoma Register, Volume 33, Issue 24, September 1, 2016, eff. 9/15/2016

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