Okla. Admin. Code § 340:25-5-265
Release and access of arrearage information to consumer reporting agencies - credit bureaus
Effective Sep 15, 202340 Ok Reg 954Added at 9 Ok Reg 3275, eff 6-26-92 (emergency); Added at 10 Ok Reg 1813, eff 5-13-93; Amended at 17 Ok Reg 2426, eff 7-1-00; Amended at 18 Ok Reg 1226, eff 7-1-01; Amended at 23 Ok Reg 1842, eff 7-1-06; Amended at 36 Ok Reg 1794, eff 9-16-19; Amended at 40 Ok Reg 954, eff 9-15-23Department of Human Services
(a) Oklahoma Human Services, Child Support Services (CSS) periodically releases child support arrearage information to certain consumer reporting agencies - credit bureaus. Release of this information is governed by:
- (1) Section 240.7 of Title 56 of the Oklahoma Statutes (56 O.S. § 240.7); and
- (2) Sections 1681b and 1681f of Title 15 and Section 666 of Title 42 of the United States Code (15 U.S.C. §§ 1681b & 1681f; 42 U.S.C. § 666).
(b) CSS reports to consumer reporting agencies the names and amounts of child support arrearages of noncustodial parents (NCP). CSS applies a:
- (1) 15-calendar day grace period to account for payment receipt date discrepancies due to early or late employer reporting if an NCP is making child support payments through income assignment; and
- (2) two-month grace period to account for the delays in the start of the income assignment process for an NCP who is a servicemember called to active duty under the provisions of the Servicemembers Civil Relief Act, codified in 50 U.S.C. § 3901 through 4043.
- (c) If the annual notice process under 56 O.S. § 237A has been completed, CSS releases arrearage information to credit bureaus without additional notice.
(d) When the initial annual notice process under 56 O.S. § 237A and Oklahoma Administrative Code (OAC) 340:25-5-213 has not been completed, CSS issues a written notice by regular mail to the person obligated to pay the support. The notice includes:
- (1) a statement of the information to be released to credit bureaus; and
- (2) instructions for disputing the accuracy of the information to be released under OAC 340:25-5-200.1.
(e) CSS periodically accesses credit information available through consumer reporting agencies - credit bureaus. Access of this information is governed by 15 U.S.C §§ 1681b and 1681f.
- (1) Each time CSS requests a full credit bureau report on an NCP for use in establishment or modification of a support order, CSS sends the NCP advance notice to confirm that the report requested belongs to the correct person. The NCP is not required to authorize release of the report.
- (2) CSS does not send an NCP advance notice when CSS requests a credit bureau report for locate or enforcement purposes.
Added at 9 Ok Reg 3275, eff 6-26-92 (emergency)
Added at 10 Ok Reg 1813, eff 5-13-93
Amended at 17 Ok Reg 2426, eff 7-1-00
Amended at 18 Ok Reg 1226, eff 7-1-01
Amended at 23 Ok Reg 1842, eff 7-1-06
Amended at 36 Ok Reg 1794, eff 9-16-19
Amended at 40 Ok Reg 954, eff 9-15-23