Okla. Admin. Code § 340:75-13-26

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

Section 340:75-13-26 - Child support

(a)Legal basis. Federal regulations require the Oklahoma Department of Human Services (DHS) to pursue child support payments on Title IV-E foster care cases where federal funding is involved. Section 454 of Title IV-D of the Social Security Act requires a referral to the state's child support enforcement agency for child support services. Section 1-4-702 of Title 10A of the Oklahoma Statutes (10A O.S. §1-4-702) requires the court to address paternity and child support issues for every child alleged or adjudicated deprived. Child Support Services (CSS) carries out the provisions of these regulations based on information provided by Child Welfare Services (CWS) staff. Benefits to the child include:

(1) locating an absent parent(s);

(2) establishing paternity;

(3) obtaining previously unavailable child support; and

(4) exploring, on behalf of the child, eligibility for benefits through:

(A) the Social Security Administration;

(B) Veterans Affairs; or

(C) other government programs.

(b)Use of child support monies. Support monies collected while the child is in DHS custody and out-of-home placement are used to reimburse:

(1) the federal government for Title IV-E expenditures; and

(2) DHS for monies expended to meet the child's needs.

(c)Paternity. Within six months after the deprived petition is filed, CWS staff recommend the court either:

(1) establish paternity; or

(2) defer the issue of paternity to the appropriate administrative or district court.

(d)Child support orders. After paternity is established, CWS staff recommends the court address the issue of current child support. Per 10A O.S. § 1-4-702, within six months after the deprived petition is filed, the court must either:

(1) address the issue of child support; or

(2) defer the issue of establishment and enforcement of child support to the appropriate administrative or district court. CSS proceeds with the establishment and enforcement of child support orders for any case deferred in this manner.

(A) Each parent must be individually ordered to pay his or her percentage of the total monthly child support obligation, including parents who reside together.

(B) 43 O.S. § 118 and 119 require the court to follow child support guidelines in determining each parent's support obligation.

(C) Deviation from the child support guidelines is permitted when it is determined necessary in order for the parent to meet the obligations of an individual treatment and service plan or for other reasons the court deems appropriate. When the court deviates from the amount of support indicated by the guidelines, specific findings of fact supporting such action are required to be documented in the child support computation form.

(D) The child support order must:

(i) be filed on a standard child support order form, as prescribed by CSS;

(ii) be filed as a separate document from the individual treatment and service plan or court minute and is therefore not confidential;

(iii) direct a parent to provide for the child per 43 O.S. § 118F and Oklahoma Administrative Code 340:25-5-168:

(I) health care coverage insurance;

(II) an alternative health care coverage plan; or

(III) make application for health care coverage through a government medical assistance program, such as SoonerCare (Medicaid);

(iv) include each parent's contribution towards actual employment or education related child care expenses per 43 O.S. § 118G and Oklahoma Administrative Code 340:25-5-178;

(v) include an immediate income assignment provision pursuant to 43 O.S. § 115;

(vi) include a reimbursement judgment for time periods when Title IV-E, non-Title IV-E eligible foster care and Temporary Assistance to Needy Families benefits have been paid and a monthly judgment payment amount per Oklahoma Administrative Code 340:25-5-179.1;

(vii) include a provision for an address of record for service of process per 43 O.S. § 112A;

(viii) include a provision for payments to be paid to the Oklahoma Centralized Support Registry per 43 O.S. § 413; and

(ix) include, as an attachment, a child support computation form signed by the judge, per 43 O.S. § 120.

(E) The duty to pay child support continues after parental rights are terminated and until the child is adopted pursuant to 10A O.S. § 1-4-906 and 10 O.S. § 7503-2.3. Parents may be obligated to pay child support arrears even after adoption.

(F) After a deprived action is dismissed, the most recent child support order entered in the deprived action must remain in full force and effect, unless the judge presiding over the deprived action orders otherwise.

(G) All child support payments must be paid, per 43 O.S. § 413, through the Oklahoma Centralized Support Registry, PO Box 268849, Oklahoma City, Oklahoma 73126-8849.

(H) The child welfare specialist verifies each parent's compliance with his or her child support obligation.

Okla. Admin. Code § 340:75-13-26

Amended at 10 Ok Reg 3987, eff 7-13-93 (emergency); Amended at 11 Ok Reg 505, eff 11-15-93 (emergency); Amended at 11 Ok Reg 1733, eff 5-12-94; Amended at 16 Ok Reg 102, eff 10-13-98 (preemptive); Amended at 22 Ok Reg 875, eff 5-12-05; Amended at 23 Ok Reg 1024, eff 5-11-06

Amended by Oklahoma Register, Volume 32, Issue 24, September 1, 2015, eff. 9/15/2015.