1. (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:
2. (1) two years prior to the filing of the petition; or
3. (2) the birth month of the child.
4. (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.
5. (c) CSS does not establish an order for support for a prior period on an incarcerated NCP.
6. (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.
7. (e) When the NCP is a current Temporary Assistance for Needy Families (TANF) or Supplemental Security Income (SSI) recipient and CSS:
8. (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
9. (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.
10. (f) CSS sets a monthly payment schedule per OAC 340:25-5-140.

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 at 32 Ok Reg 1860, eff 9-15-15

Amended at 36 Ok Reg 1794, eff 9-16-19

Amended at 37 Ok Reg 1802, eff 9-15-20

Amended at 38 Ok Reg 2222, eff 9-15-21

Amended at 41 Ok Reg, Number 23, effective 9-16-24