Okla. Admin. Code § 340:25-5-179.1

Current through Vol. 42, No. 7, December 16, 2024

Section 340:25-5-179.1 - Establishment of support for a prior period

(a) In parentage cases, Oklahoma Human Services Child Support Services (CSS) establishes current support and support for a prior period per Sections 83 and 7700-636 of Title 10 of the Oklahoma Statutes (10 O.S. §§ 83 and 7700-636), 43 O.S. §§ 118-118I and 119, and 56 O.S. §238.6B. CSS seeks a zero dollar support amount for prior periods the noncustodial parent (NCP) resided with the custodial person and provided support for the child. When establishing support for a prior period CSS goes back to the lesser of:

(1) two years prior to the filing of the petition; or

(2) the birth month of the child.

(b) When a child support order is entered against a minor NCP, CSS establishes support for a prior period under the criteria for establishing current child support, per Oklahoma Administrative Code (OAC) 340:25-5-178.

(c) CSS does not establish an order for support for a prior period on an incarcerated NCP.

(d) When CSS establishes an order for support for a prior period for a child of an NCP or a custodial person who is a servicemember, CSS applies the provisions of the Servicemembers Civil Relief Act, codified in Sections 3901 through 4043 of Title 50 of the United States Code.

(e) When the NCP is a current Temporary Assistance for Needy Families (TANF) or Supplemental Security Income (SSI) recipient and CSS:

(1) has information that the NCP had no obligation based on the child support guidelines for the prior period, CSS requests the court set the judgment at $0; or

(2) determines a debt may be owed for a prior period, CSS requests the court reserve the issue of support for a prior period until the NCP is no longer receiving TANF or SSI.

(f) CSS sets a monthly payment schedule per OAC 340:25-5-140.

Okla. Admin. Code § 340:25-5-179.1

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 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 28 Ok Reg 812, eff 7-1-11 ; Amended at 29 Ok Reg 765, eff 7-1-12 ; Amended at 30 Ok Reg 1350, eff 7-1-13

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

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

Amended by Oklahoma Register, Volume 37, Issue 24, September 1, 2020, eff. 9/15/2020

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