Okla. Admin. Code § 340:25-5-124

Current through Vol. 42, No. 4, November 1, 2024

Section 340:25-5-124 - Assignment and transfer of cases to child support offices

(a)General assignment and transfer. In assigning cases to child support offices, Oklahoma Human Services Child Support Services (CSS) considers whether the case is eligible for assignment to one of the tribal programs, per Oklahoma Administrative Code (OAC) 340:25-5-286. CSS treats an order registered in Oklahoma, per Sections 601-601 through 601-614 of Title 43 of the Oklahoma Statutes (43 O.S. §§ 601-601 through 601-614) as an Oklahoma order for purposes of OAC 340:25-5-124(1) and (2). If the case is not assigned to one of the tribal programs, CSS assigns cases under this Section.

(1) Oklahoma child support cases are assigned to a district office serving the county where a prior Family and Domestic district court case exists involving the parents and child, regardless of the case style of the order or whether or not a child support order was entered as to either parent.

(2) When a guardianship order is in effect, the case is assigned to the district office serving the county in which the guardianship action was filed. The district office proceeds to petition the guardianship court to:

(A) defer jurisdiction of child support to CSS. The case then follows regular case assignment rules;

(B) defer jurisdiction of child support to a pre-existing Family and Domestic court case involving the parents and child to enforce an existing child support order or establish a child support order. The case is then assigned to the district office serving the county with the existing Family and Domestic court order; or

(C) establish or modify a child support order. The case remains assigned to the district office serving the county of the guardianship.

(3) Cases with intergovernmental child support orders are assigned to a district office serving the county in which the order is registered per 43 O.S. §§ 601-601 through 601-614.

(A) When there are multiple Oklahoma support orders, cases are assigned to a district office serving the county where the presumed controlling order for current child support was entered or docketed in district court.

(B) When there is an Oklahoma support order and an intergovernmental support order, the case is assigned to the district office serving the county where the Oklahoma support order is entered or filed.

(4) Cases are assigned to a district office serving the county where the custodial person (CP) resides when there is:

(A) no Oklahoma child support order and there is no prior Family and Domestic district court case on file;

(B) a federal or tribal child support order; or

(C) a child support order from another state.

(5) When the applicant for child support services is the noncustodial parent (NCP), the location of the CP and child is unknown, and there is no prior paternity or child support order established, cases are assigned to the office responsible for the county in which the NCP resides until the CP and child are located.

(6) Except in cases where a child support order is registered in Oklahoma, when the CP does not reside in Oklahoma, cases are assigned to the district office serving the county where the NCP or alleged father resides.

(7) When there is no Oklahoma order and no party resides in Oklahoma, cases are assigned to the district office serving the county with significant contacts with the case. When more than one county has significant contacts with the case, the case is assigned to the district office having the most recent significant contact.

(8) CSS does not transfer cases docketed or registered, per 43 O.S. §§ 601-601 through 601-614 in district court because the CP or NCP moves to a county outside of the original district office's service area.

(9) CSS does not transfer cases because the CP files a contempt action in a county outside of the original district office's service area.

(10) CSS reassigns a case to another district office to avoid a conflict of interest, per OAC 340:2-1-8.

(11) When there is an existing Office of Administrative hearings: Child Support (OAH) order that was not docketed in the appropriate district court per 340:25-5-185.1, the case is assigned to the district office that obtained the OAH order.

(b)Administrative establishment case transfer.

(1) A district office transfers an administrative establishment case to another office according to (2) of this Section if the:

(A) case is assigned to the wrong child support office; or

(B) CP moves to a county outside the original office's service area.

(2) The original office immediately transfers, rather than dismisses, an administrative establishment court action to the new district office if the original office has not obtained service of process on the NCP. When service has been obtained, the original office completes any administrative case litigation before transferring the case to the new district office.

Okla. Admin. Code § 340:25-5-124

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 20 Ok Reg 528, eff 1-21-03 (emergency); Amended at 20 Ok Reg 1240, eff 7-1-03; Amended at 21 Ok Reg 1344, eff 7-1-04; 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 29 Ok Reg 765, eff 7-1-12

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

Amended by Oklahoma Register, Volume 38, Issue 24, September 1, 2021, eff. 9/15/2021

Amended by Oklahoma Register, Volume 41, Issue 23, August 15, 2024, eff. 9/16/2024