Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 10 - Temporary Assistance for Needy Families (TANF) › Subchapter 10 - Conditions of Eligibility - Deprivation › Section 340:10-10-7 - Oklahoma Department of Human Services (DHS) responsibilities in relation to support payments

Current through Vol. 41, No. 20, July 1, 2024
(a)
Referral
				to Child Support Services (CSS).
Federal regulations require Adult and
				Family Services (AFS) staff to send referrals based on absence to CSS within
				two business days of Temporary Assistance for Needy Families (TANF) benefit
				issuance. The AFS referral is computer-generated upon TANF approval. At any
				time AFS staff receives additional information regarding the absent parent, AFS
				staff sends the additional information to CSS.
(b)
Receipt of child or spousal
				support.
For purposes of this Subchapter, child or spousal support is
				defined as voluntary monetary contributions or court-ordered obligations. When
				a child support order contains an order for spousal support , which may be
				referred to as alimony or support alimony in Oklahoma, the obligation for
				spousal support is also assigned to DHS. At the application or renewal
				interview, the applicant or recipient is informed of the responsibility to
				forward to the Oklahoma Centralized Support Registry (OCSR) any child or
				spousal support payments received from the absent parent(s) after TANF
				certification.
(1)
Payments received
				during application period.
All child and spousal support payments
				reported by an applicant prior to certification are considered income. Support
				anticipated to be received after certification is not considered as the client
				agreed by signing the application to submit any future payments to
				OCSR.
(2)
Payments received
				after certification.
AFS staff forwards any support payments brought to
				the county office by the client after certification to OCSR. Payments are not
				sent in the form of cash. CSS may send child support in excess of the monthly
				court ordered amount to the client. When the client receives excess child
				support from CSS, it is considered as unearned income.
(3)
Retained support payments.
The worker informs CSS when he or she becomes aware the client retained
				assigned support payments.
(A) When the CSS
				district office determines the client is not cooperating, the TANF cash
				assistance payment is reduced by 25 percent of the TANF payment standard. The
				worker considers the retained support as income unless the client forwards the
				child support to OCSR.
(B) When
				CSS determines the client has resumed cooperation, the 25 percent penalty is
				removed and the worker no longer considers the support as income. The cash
				assistance is increased the next effective date.
(4)
Child support and other income
				exceeds cash assistance.
When CSS receives a support payment that is
				greater than , or equal to , that month's TANF cash assistance , the worker
				receives notification the month following receipt.
(A) The worker evaluates the support payment
				history to determine whether the support is intended for members of the
				assistance unit and if it is current support that is expected to
				continue.
(B) The worker closes the
				TANF cash assistance the next effective date and continues medical benefits per
				OAC
				340:10-3-75
				when, after review, the current support is intended for members of the cash
				assistance unit and expected to continue.
(C) When the TANF cash assistance is not
				closed timely, CSS retains any child support payment received during that month
				or subsequent months for reimbursement of TANF payments made for those months
				or any preceding months.
(5)
Federal and/or state tax intercept
				payments.
CSS uses federal and/or state tax intercept to collect current
				and past due child support payments, including interest owed.
(A) Joint tax intercept payments collected
				prior to the client's current receipt of TANF may be held for six months. When
				CSS distributes all or part of the tax intercept payment to the client , the
				worker considers the payment as a resource the month following the month of
				receipt.
(B) Tax intercept payments
				collected for interest owed on past due child support may be forwarded to the
				client when the principle amount of past due child support is paid in
				full.