Okla. Admin. Code § 340:25-5-198.1

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

Section 340:25-5-198.1 - Review of a child support order

(a)Purpose. The purpose of the review process is to determine whether a child support order should be modified to ensure substantial compliance with the child support guidelines in Sections 118-118I through 119 of Title 43 of the Oklahoma Statutes (43 O.S. §§ 118-118I amp; 119) and Oklahoma Administrative Code (OAC) 340:25-5-178.

(b)Notification requirements. At least once every three years after a child support order is established, reviewed, or modified, Oklahoma Human Services (OKDHS) Child Support Services (CSS) notifies all parties in a full-service case of the right to request a review of the child support order and the process for requesting a review.

(c)Authority for review. CSS conducts a review every three years in cases with a Temporary Assistance for Needy Families (TANF) assignment. CSS determines the tribunal with jurisdiction under subsection (e) of the Full Faith and Credit for Child Support Orders Act, codified in Section 1738B(e) of Title 28 of the United State Code (28 U.S.C. § 1738B(e)) and the Uniform Interstate Family Support Act (UIFSA) in 43 O.S. §§ 601-101 through 601-903 to modify the order. When another tribunal has jurisdiction to modify the child support order, CSS follows the provisions in (j) of this Section. When Oklahoma has jurisdiction to modify the child support order, CSS follows the provisions of this subsection. CSS completes the review and modification process within 180-calendar days after a request is received or the non-requesting party is located, whichever is later.

(d)Initiation of review.

(1) CSS reviews an order upon written request by a customer or on its own initiative:

(A) when there is a material change in circumstances per 43 O.S. § 118I;

(B) per 56 O.S. § 237 when the evidence in the case justifies a modification, per OAC 340:25-5-198. 2, regardless of whether there is a change of circumstances; or

(C) per Section 303.8 of Title 45 of the Code of Federal Regulations and OAC 340:25-5-178(k), when the noncustodial parent (NCP) is incarcerated.

(2) CSS notifies the parties of the review with instructions for submitting financial and other information required for the review.

(3) CSS does not initiate a review upon customer request when:

(A) the non-initiating party is not located;

(B) it has been less than 12 months since the child support order was established, reviewed, or modified unless there is a material change of circumstances;

(C) the preliminary information indicates the change of circumstances does not significantly impact the child support amount or the change of circumstances is temporary; or

(D) there is evidence the monthly child support amount or judgment payment is based on a NCP's ability to pay and the NCP is working in a job consistent with the NCP's education and training.

(4) When CSS determines the customer review request does not meet the provisions in (1) of this subsection, CSS provides available pro se self-help modification forms to the customer.

(5) CSS does not seek an upward modification of a child support order or a judgment payment upon request when an NCP is:

(A) employed full-time in an occupation consistent with the NCP's education and training;

(B) ordered to pay more than 20 percent of the NCP's gross income; and

(C) is not paying the full court-ordered monthly child support amount.

(e)Medical enforcement only (MEO) cases.

(1) When either the custodial person or the noncustodial parent requests a review, CSS changes the services offered from an MEO to a full-service case. CSS notifies the parties of the change in services provided.

(2) When the non-applicant requests the review, the non-applicant must complete Form 03EN001E, Application for Child Support Services, per OAC 340:25-5-110.

(f)Initial review. Within 15-calendar days after receiving a request for a review, CSS determines if the criteria described in (d)(1) of this Section are met. CSS notifies the requesting person when the criteria for review are not met. If the criteria are met, CSS may:

(1) request further information as necessary from the parties; or

(2) proceed with the review process when CSS considers it has information sufficient to complete the process.

(g)Final review. Within 30-calendar days after the deadline for the parties to submit requested financial and other information to CSS, per (d) of this Section, CSS completes the review process and notifies parties of its determination as to whether the support order should be modified.

(h)Modification after review. CSS staff follows OAC 340:25-5-198.2 to determine if the child support order is modified after the review process is complete.

(i)Termination of the review process.

(1) The person requesting a review may withdraw the request after the review process begins, upon CSS approval. CSS does not accept requests to withdraw the review after making a determination that the child support order be modified.

(2) When the requesting person fails to supply information requested by CSS as instructed, CSS may terminate the review process, unless CSS or the non-requesting party requests the process continue.

(3) When CSS initiates the review, failure of the parties to return requested information does not stop the review process. CSS proceeds, using the best information available.

(j)Interstate cases.

(1) When a tribunal other than an Oklahoma district or administrative court has jurisdiction under UIFSA to modify an order, CSS obtains the information necessary for the review.

(A) CSS transmits the documents to the Title IV-D agency in the other state within 20-calendar days after receipt of the request to modify the order and of the completed documents from the person requesting the modification.

(B) CSS issues and enforces a subpoena to compel compliance with the request for documents if the non-requesting party fails to return the required documents or CSS is unable to obtain the necessary information to proceed and an Oklahoma tribunal has personal jurisdiction over the non-requesting party.

(C) CSS may terminate the review process in an interstate case per (i) of this Section and 43 O.S. §§ 601-611 and 601-615.

(2) When Oklahoma has jurisdiction to modify the order of another state or foreign country per 43 O.S. § 601102, the order is registered in Oklahoma for modification per 28 U.S.C. § 1738B(i) and 43 O.S. §§ 601-609 through 601-616.

Okla. Admin. Code § 340:25-5-198.1

Added at 17 Ok Reg 2426, eff 7-1-00; Amended at 20 Ok Reg 1240, eff 7-1-03; Amended at 21 Ok Reg 1344, eff 7-1-04; Amended at 21 Ok Reg 3155, eff 7-22-04 (emergency); 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 26 Ok Reg 3036, eff 7-21-09 (emergency); Amended at 27 Ok Reg 1201, eff 7-1-10; Amended at 28 Ok Reg 812, eff 7-1-11

Amended by Oklahoma Register, Volume 31, Issue 24, September 2, 2014, eff. 9/15/2014

Amended by Oklahoma Register, Volume 33, Issue 24, September 1, 2016, eff. 9/15/2016

Amended by Oklahoma Register, Volume 35, Issue 24, September 4, 2018, eff. 9/17/2018

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