340:25-5-265 - Release of arrearage information to consumer reporting agencies - credit bureaus

340:25-5-265. Release of arrearage information to consumer reporting agencies - credit bureaus

(a) The Oklahoma Department of Human Services, Child Support Services (CSS) periodically releases child support arrearage information to certain consumer reporting agencies - credit bureaus. Release of this information is governed by:

(1) Section 240.7 of Title 56 of the Oklahoma Statutes (56 O.S. § 240.7); and

(2) Sections 1681b and 1681f of Title 15 and Section 666 of Title 42 of the United States Code (15 U.S.C. §§ 1681b & 1681f; 42 U.S.C. § 666).

(b) CSS reports to consumer reporting agencies the names and amounts of child support arrearages of noncustodial parents (NCP). CSS applies:

(1) a 15-day grace period to account for payment receipt date discrepancies due to early or late employer reporting if an NCP is making child support payments through income assignment; and

(2) a two-month grace period to account for the delays in the start of the income assignment process for an NCP who is a servicemember called to active duty under the provisions of the Servicemembers Civil Relief Act, codified in 50 U.S.C. § 3901 through 4043.

(c) If the annual notice process under 56 O.S. § 237A has been completed, CSS releases arrearage information to credit bureaus without additional notice.

(d) If the initial annual notice process under 56 O.S. § 237A and Oklahoma Administrative Code (OAC) 340:25-5-213 has not been completed, CSS issues a written notice by regular mail to the person obligated to pay the support. The notice includes:

(1) a statement of the information to be released to credit bureaus; and

(2) instructions for disputing the accuracy of the information to be released under OAC 340:25-5-200.1.

(Amended by Oklahoma Register, Volume 36, Issue 24, September 3, 2019, eff. 9/16/2019)

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 23 Ok Reg 1842, eff 7-1-06

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