Okla. Admin. Code § 340:25-5-203

Current through Vol. 41, No. 24, September 3, 2024

Section 340:25-5-203 - [Effective 9/16/2024] Intercepts

(a)Unemployment compensation intercept. Oklahoma Human Services, Child Support Services (CSS) withholds past-due and current child support from unemployment insurance benefit amounts, per Section 654 of Title 42 of the United States Code, Section 302.65 of Title 45 of the Code of Federal Regulations, and Section 2-801 of Title 40 of the Oklahoma Statutes (40 O.S. § 2-801).

(b)Lottery winnings intercept.

(1) CSS files claims with the Oklahoma Lottery Commission against lottery prize winnings, per 3A O.S. § 724.1, to collect:

(A) child support arrearages, child support judgments and interest thereon, past-due alimony, and judgments for child care costs and medical expenses; and

(B) overpayments CSS establishes, per Oklahoma Administrative Code (OAC) 340:25-5-305 and 340:25-5-312.

(2) CSS files a claim for cases in which at least $150 in past-due support or overpayment is owed.

(3) Within five-business days after filing a claim with the Oklahoma Lottery Commission, CSS sends a notice by regular mail to the noncustodial parent (NCP). The notice includes:

(A) that a claim has been filed with the Oklahoma Lottery Commission;

(B) the basis for the claim;

(C) that the NCP has the right to contest the claim by requesting an administrative review in writing within ten-business days of the date on the notice from CSS; and

(D) that the administrative review is granted only when:

(i) there is a mistake of identity; or

(ii) the amount of arrearage or judgment is incorrect.

(4) After the administrative review, CSS issues a notice of administrative review decision and information about requesting an administrative hearing. The NCP may request a hearing in writing within 20-calendar days after the date of the administrative review decision.

(5) Upon timely receipt of a written request for an administrative hearing, CSS schedules the matter for an administrative hearing before the Office of Administrative Hearings: Child Support (OAH). OAH conducts a hearing and enters an order determining the contested issues.

(6) If the NCP settles the arrearage or judgment with CSS before expiration of the 30-calendar day administrative review period, as per OAC 340:25-5-200.1, CSS notifies the Oklahoma Lottery Commission in writing or by electronic media that the claim has been released.

(c)Insurance Intercepts.

(1) CSS maintains an insurance intercept match process to identify NCP assets and issue liens and levies on claims against NCPs who are in noncompliance with an order for support, per 56 O.S. § 237B.

(2) The following words and terms, when used in this Section, shall have the following meanings:

(A)"Claimant" means either a first party claimant, a third party claimant, or both, and includes such claimant's designated legal representatives and includes a member of the claimant's immediate family designated by the claimant. (36 O.S. §1250.2)

(B)"Third party claimant" means any individual, corporation, association, partnership, or other legal entity asserting a claim against any individual, corporation, association, partnership, or other legal entity insured under an insurance policy or insurance contract. (36 O.S. §1250.2)

(3) Insurance companies subject to the requirements of 56 O.S. § 237B are not required to check for matches of any claimant's claims where the claimant is 13 years of age or younger.

(4) CSS accepts either a claimant's Social Security number or name and date of birth as match verification criteria for compliance with 56 O.S. § 237B.

Okla. Admin. Code § 340:25-5-203

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 23 Ok Reg 1842, eff 7-1-06

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