Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 25 - Child Support Services › Subchapter 1 - Scope and Applicability › Section 340:25-1-1.1 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
The following words and terms, when used in this Chapter,
				  shall have the following meanings unless the context clearly indicates
				  otherwise:
"Address of record"
or
"AOR"
means
				  an address for a party or a custodial person (CP) in the Central Case Registry
				  of Child Support Services (CSS) used for service of process in support,
				  custody, and visitation actions. An AOR may be different from the party's or
				  CP's physical address.
"Alleged father"
means
a man who alleges
				  himself to be, or is alleged to be, the genetic father or a possible genetic
				  father of a child, but whose paternity has not been determined
per
				  Section 7700-102 of Title 10 of the
				  Oklahoma Statutes (10 O.S. § 7700-102).
"Alternative health coverage"
means health care
				  services other than health insurance including, but not limited to, Indian
				  Health Services (IHS) or Defense Eligibility Enrollment Reporting System
				  (DEERS) available to either parent under which medical services could be
				  provided to the dependent child(ren).
"Annual notice"
means the yearly notice provided
				  for in 56 O.S. § 237A to notify the noncustodial parent (NCP) and CP of
				  the amount due, actions that may be taken to enforce the child support
				  obligation, actions required of the NCP and CP, and other related information
				  and instructions.
"Applicant"
means the individual who requests
				  child support services or is referred by another agency or program for child
				  support services.
"Arrears,""arrearage,"
or
"past-due
				  support"
means the total amount of unpaid support obligations accrued
				  under a support order. Refer to "delinquency" in this Section.
"Assignment"
means any transfer of rights to
				  support to the state of Oklahoma under Sections
				  608 and
				  671 of Title 42 of the United
				  States Code (42 U.S.C.
				  §§
										608 and
				  671) or any transfer of rights to
				  medical support and to payment of medical care from any third party under
				  Section 433.146 of Title 42 of the Code of
				  Federal Regulations (42
				  C.F.R. §
										433.146) .
"Authorized representative"
means a person
				  designated by a CP, NCP, or biological parent per Oklahoma Administrative Code
				  (OAC) 340:25-1-3.1.
"Biological parent"
means the natural parent of
				  a child.
"Case"
means the relationship of a particular
				  group of people bound by legal rights and duties for the support of a
				  child(ren) who is receiving or received child support services and all records
				  and actions associated with the group.
"Cash medical support"
means
an amount
				  ordered to be paid toward the cost of health coverage provided by a public
				  entity or by a person other than the parents through employment or
				  otherwise
per 43 O.S. §
									118F.
"Central Case Registry"
or
"CCR"
means Oklahoma's repository for Part D of Subchapter IV of Chapter 7 of Title
				  42 of the United States Code (Title IV-D) cases and child support orders
				  established or modified in Oklahoma after October 1, 1998. It includes, but is
				  not limited to, information required to be transmitted to the Federal Case
				  Registry per 42 U.S.C.
				  §
										654a. CSS maintains the CCR per 43
				  O.S. § 112A.
"Centralized Support Registry"
means a
				  repository CSS maintains to receive, allocate, and distribute support payments,
				  including child support, spousal support when paid in conjunction with child
				  support, and related support payments per 43 O.S. § 413. It serves as
				  Oklahoma's State Disbursement Unit per
				  42 U.S.C. §
										654b. The Centralized Support Registry
				  processes payments per 43 O.S. § 413:
(A)
inall casesin whichchild support
				services are being provided under the state child support plan as provided
				under Section
				237 of Title 56 of the Oklahoma
				Statutes
until all monies owed for child support are no longer
				owed;
(B)
inall other cases
				in which support is being paid by income withholding
;and
(C) when a court orders payments to be made
				through the Centralized Support Registry.
"Child support order"
means an obligation
				  addressing monetary support, cash medical support, medical support for the
				  child(ren), and support arrearage and arrearage payments, when any.
"CSED"
means Oklahoma Human Services (OKDHS)
				  Child Support Services and was replaced by Child Support Services.
"CSS"
means Child Support Services. CSS includes
				  a central state office, district offices, and other offices that may be
				  administered through contract or cooperative agreements with district
				  attorneys, community action program agencies, and others. CSS includes all
				  these offices, employees, and agents. CSS was formerly known as CSED and
				  Oklahoma Child Support Services (OCSS).
"Current child support"
means the base child
				  support obligation and the proportional share of health insurance costs, fixed
				  medical costs, transportation expenses, and annualized child care costs.
				  Current child support does not include cash medical support.
"Custodial person," "custodian,"
or
"CP"
means the person who has primary physical custody of the
				  child(ren).
"Delinquency"
means
any payment under an
				  order for support which becomes due and remains unpaid
per 12 O.S.
				  §1170 and 56 O.S. § 237.7.
"DHS"
means Oklahoma Human Services, also known
				  as OKDHS, which is the state agency designated to administer the state of
				  Oklahoma child support program.
"District office"
means a child support services
				  office or duty station OKDHS operates or through contract or agreement with
				  OKDHS to serve a specific area of the state.
"Family violence"
means domestic abuse or child
				  abuse, including physical or emotional harm.
"Fixed medical"
means fixed periodic payments
				  for ongoing medical costs not paid or reimbursed by insurance, or included in a
				  cash medical support order.
"Full-service case"
means a child support case
				  for which CSS provides all appropriate Title IV-D services per OAC
				  340:25-1-1.2.
"Health insurance"
means insurance coverage that
				  provides routine and major medical expenses including, but not limited to:
				  preventive care, office visits, hospitalization, and medication coverage that
				  may be provided through a fee for service, health maintenance organization,
				  preferred provider organization, or other private or public organization, other
				  than SoonerCare (Medicaid).
"High-volume administrative enforcement cases in
				  interstate actions"
means the request of another state, the
				  identification of by a state, through automated data matches with financial
				  institutions and other entities where assets may be found, of assets owned by
				  persons who owe child support in other states, and the seizure of such assets
				  by the state through levy or other appropriate processes per
				  42 U.S.C. §
										666.
"Intergovernmental"
means a case referred by an
				  initiating agency to a responding agency for services when the dependent
				  child(ren) and the NCP lives or works in different jurisdictions.
"Income assignment"
means an assignment, by
				  operation of law or by court or administrative order of a portion of the
				  monies, income, or periodic earnings due and owing by the NCP to the person
				  entitled to the support or to another person designated by the support order or
				  assignment, per 12 O.S. § 1170 and 56 O.S. § 237.7. An income
				  assignment may be for payment of current support, arrearages, or both. The
				  terms "income assignment" and "income withholding" may be used
				  interchangeably.
"Interstate case"
means a case in which at least
				  one party resides in another state or country or a support order was entered in
				  another state or country.
"Intrastate case"
means a case existing or
				  occurring within the boundaries of a single state.
"IV-A"
means Title IV, Part A, of the Social
				  Security Act, codified in 42 U.S.C. Part A of Subchapter IV of Chapter 7,
				  covering the federal-state Temporary Assistance for Needy Families (TANF)
				  Program.
"IV-B"
means Title IV, Part B, of the Social
				  Security Act, codified in 42 U.S.C. Part B of Subchapter IV of Chapter 7,
				  covering child welfare services.
"IV-D"
means Title IV, Part D, of the Social
				  Security Act, codified in 42 U.S.C. Part D of Subchapter IV of Chapter 7,
				  generally relating to child support.
"IV-D case"
means a child support case receiving
				  Title IV-D services.
"IV-D programs and services"
means programs and
				  services under Title IV, Part D, of the Social Security Act, codified in 42
				  U.S.C. Part D of Subchapter IV of Chapter 7.
"IV-E"
means Title IV, Part E, of the Social
				  Security Act, codified in 42 U.S.C. Part E of Subchapter IV of Chapter 7,
				  covering foster care.
"IV-E foster care"
means federal and state
				  funded placement of a child(ren) removed from a home whose family members meet
				  the eligibility criteria for federal participation for Title IV-E foster
				  care.
"Medicaid"
means medical assistance provided
				  under a state plan approved under Title XIX of the Social Security Act,
				  codified in 42 U.S.C. Subchapter XIX of Chapter 7 including SoonerCare, State
				  Children's Health Insurance Program (S-CHIP), and Insure Oklahoma. In Oklahoma,
				  the Oklahoma Health Care Authority (OHCA) provides Medicaid services for
				  eligible adults and children.
"Medical enforcement only case"
or
"MEO
				  case"
means a child support case for which CSS provides only Title IV-D
				  services related to securing and enforcing medical support to non-TANF
				  SoonerCare (Medicaid) recipients.
"Medical support"
means health insurance,
				  alternative health coverage, cash medical support, or a combination of these
				  for the benefit of a minor child(ren).
"Member of military service"
or
"servicemember"
means any member of the uniformed service on
				  active duty including the Army, Navy, Air Force, Marine Corps, and Coast Guard.
				  Also included are members of the National Guard called to active service,
				  certain members of the Public Health Service, National Oceanic and Atmospheric
				  Administration, Reserves when ordered to report for active military duty, and
				  United States citizens serving with the military of other countries when that
				  service is similar to military service per
				  50 U.S.C. §§
										3911,
				  3914, and
				  3917. A servicemember may be an
				  NCP or a CP.
"Non-cash support"
means support given to a
				  family in the nature of goods or services that can be assigned a specific
				  dollar value in lieu of monetary payment.
"Noncustodial parent"
or
"NCP"
means a parent who does not have primary physical custody of the
				  child(ren).
"Non-IV-D case"
means a private child support
				  case not receiving Title IV-D services.
"Non-IV-E foster care"
means state funded
				  placement of a child(ren) removed from a home where the child(ren) does not
				  meet federal Title IV-E participation requirements.
"Non-TANF SoonerCare (Medicaid)"
means a case in
				  which a parent or CP receives Title XIX Medicaid services for the minor
				  child(ren).
"Notice of Income Assignment"
means the tool
				  used to affect the income withholding process. This document is used to notify
				  employers and other withholders to deduct child support payments from an NCP's
				  income and to send the payments to Oklahoma's Centralized Support Registry for
				  distribution. The terms "income withholding" and "income assignment" may be
				  used interchangeably.
"OAH"
means the OKDHS Legal Office of
				  Administrative Hearings: Child Support (OAH) that employs and assigns
				  administrative law judges to conduct child support administrative
				  hearings.
"Obligee"
or
"person entitled"
means, per 56 O.S. § 237.7:
(A)
a person to whom a support debt or support obligation is
				owed
;
(B)
the
				Department of Human Services or a public agency of another state that has the
				right to receive current or accrued support payments or that is providing
				support enforcement services;or
(C)
a person designated in a support
				order or as otherwise specified by the court.
"Obligor"
means the person who is required to
				  make payments under an order for support per 12 O.S. § 1170 and 56 O.S.
				  § 237.7.
"OCSS"
means CSS.
"Offset"
means an amount of money intercepted
				  from an NCP's state or federal tax refund or from an administrative payment,
				  such as federal retirement benefits to satisfy a child support debt.
"OKDHS"
means Oklahoma Human Services. OKDHS is
				  the state agency designated to administer the child support program for the
				  state of Oklahoma.
"Oklahoma Health Care Authority (OHCA)"
means
				  the Oklahoma agency that administers the Medicaid and SoonerCare programs for
				  adults and children who meet eligibility requirements. OHCA operates under the
				  authority of Title XIX of the Social Security Act and 63 O.S. §§ 5003
				  et seq.
"Overpayment"
means a CSS payment to a CP, NCP,
				  or other entity to which the entity or person is not entitled.
"Participant in a case"
means a child, parent,
				  alleged father, or CP associated with a child support services case.
"Past support"
means past-due support or support
				  for a prior period. Refer to "arrears" in this Section.
"Payment plan"
means and includes but is not
				  limited to, a plan approved by the court or the support enforcement entity
				  provides sufficient security to ensure compliance with a support order,
				  incorporates voluntary or involuntary income assignment, or a similar plan for
				  periodic payment of past-due support and, when applicable, current and future
				  support per 43 O.S. § 139.1 and 56 O.S. § 237.7. A payment plan is
				  intended to incrementally reduce arrears.
"Payor"
means
any person or entity
				  paying monies, income, or earnings to an obligor. In the case of a
				  self-employed person, the "payor" and "obligor" may be the same person
per 12 O.S. § 1170 and 56 O.S. § 237.7.
"Presumed father"
means
a man who, by
				  operation of law
per 10 O.S. § 7700-204
, is recognized as
				  the father of a child until that status is rebutted or confirmed in a judicial
				  proceeding
.
"Record"
means a written document or image
				  stored in electronic or physical form.
"Social Security Act"
means
				  Public Law
				  74-271, codified in 42 U.S.C. Chapter 7 that
				  established the Title IV-D program and other social services programs.
"State's attorney"
means a lawyer employed in
				  the child support program to represent the state in rendering services per the
				  Social Security Act, codified in Title 42 U.S.C. Part D of Subchapter IV of
				  Chapter 7.
"Support"
means, per 56 O.S. §
									237.7, all payments or other
				  obligations due and owing to the CP or person entitled by the NCP under a
				  support order, and may include, but is not limited to, child support, medical
				  insurance or other health benefit plan premiums or payments, child care
				  obligations, support alimony payments, and other obligations as specified in 43
				  O.S. §§ 118A through 119.
"Support for a prior period"
means the amount of
				  child support ordered under the child support guidelines in 43 O.S.
				  §§ 118 through 119 in paternity orders and in TANF notice of support
				  debt orders for past months when no child support order was in effect.
"Support order"
means, per 43 O.S. §
				  601-101, a
judgment, decree, order or directive, whether temporary,
				  final, or subject to modification, issued by a tribunal for the benefit of a
				  child, a spouse, or a former spouse, which provides for monetary support,
				  health care, arrearages, or reimbursement, and may include related costs and
				  fees, interest, income withholding, attorney's fees, and other
				  relief
.
"TANF"
means Temporary Assistance for Needy
				  Families. TANF replaces Aid to Families with Dependent Children (AFDC).
"Tribunal"
means, per 43 O.S. § 601-101, a
				  court or administrative agency authorized to establish, enforce, modify support
				  orders, or determine parentage.
"UIFSA"
means the Uniform Interstate Family
				  Support Act. In Oklahoma, UIFSA is codified at 43 O.S. §§ 601-100
				  through 601-903.
"Unreimbursed public assistance"
means money
				  paid as cash assistance from Title IV-A and Title IV-E programs that has not
				  been recovered.
"UPA"
means the Uniform Parentage Act. In
				  Oklahoma, UPA is codified in 10 O.S. §§ 7700-101 through
				  7700-902.
Added at 17 Ok Reg 2426,
				  eff 7-1-00; Amended at 18 Ok Reg 1226, eff 7-1-01; Amended at 19 Ok Reg 1746,
				  eff 7-1-02; 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 26 Ok Reg 1245, eff 7-1-09; 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