SECTION 340:10-10-7. Oklahoma Department of Human Services (DHS) responsibilities in relation to support payments

(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.

(c)   Child support services after TANF closure. At the time the TANF benefit closes, the closure notice informs the client child support services will continue unless the client notifies CSS in writing that he or she no longer wants the service or the client becomes ineligible for the service.

[Source: Added at 17 Ok Reg 444, eff 11-1-99 (emergency); Added at 17 Ok Reg 2075, eff 7-1-00; Amended at 20 Ok Reg 850, eff 6-1-03; Amended at 22 Ok Reg 764, eff 5-12-05; Amended at 25 Ok Reg 14, eff 8-3-07 (emergency); Amended at 25 Ok Reg 903, eff 6-1-08; Amended at 27 Ok Reg 1860, eff 7-1-10; Amended at 32 Ok Reg 1839, eff 9-15-15]