Okla. Admin. Code § 340:25-5-133

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

Section 340:25-5-133 - Current child support follows the child when physical custody changes

(a) When the legal custodial person (CP) relinquishes physical custody of a child(ren) to another CP, Oklahoma Department of Human Services (OKDHS), Oklahoma Child Support Services (OCSS) redirects current child support payments to the new CPper Sections 109.5 of Title 43 and 237 of Title 56 of the Oklahoma Statutes.

(1) A CP who relinquishes physical custody of a child(ren) to another CP must notify OCSS of the change. The new CP must submit an application for child support services if an application is required per OAC 340:25-5-117.

(2) The person with physical custody on the first day of the month is entitled to the support obligation for that month.

(b) When the legal CP of a child(ren) dies and another CP, who is not the obligor, assumes custody of the child(ren), OCSS establishes a new support order with the new CP as the obligee.

(1) The new CP must submit an application for child support services when an application is required per OAC 340:25-5-117.

(2) OCSS redirects current child support payments to the new CP pending receipt of an application if required and establishment of the new support order. OCSS distributes any past support payments already collected prior to the CP's death per OAC 340:25-5-140.

(c) When a new CP assumes custody of a child(ren), OCSS directs past-due support payments per OAC 340:25-5-140.

Okla. Admin. Code § 340:25-5-133

Amended at 20 Ok Reg 1240, eff 7-1-03 ; Amended at 22 Ok Reg 1221, eff 7-1-05 ; Amended at 23 Ok Reg 1842, eff 7-1-06 ; Amended at 27 Ok Reg 1201, eff 7-1-10 ; Amended at 30 Ok Reg 646, eff 7-1-13