A. Effective October 1, 1998, or upon implementation of the Centralized Support Registry provided for in Section 413 of Title 43 of the Oklahoma Statutes, hereafter referred to as the Registry, whichever occurs first, in all cases being enforced by the Department of Human Services pursuant to the state child support plan, the Department shall serve a notice upon the obligor no less than once every twelve (12) months informing the obligor of the following:
- 1. The style and case number of the support order or orders being enforced by the Department;
- 2. The amount of the current support obligation and the total amount of alleged past due support pursuant to the support order or orders;
- 3. All payments for current support and payments for past due support owed to the Department or to the obligee must be paid to the Registry at the address specified in the notice, and thereafter, any payments made other than to the Registry shall not be credited to the amount owed;
- 4. The obligor's street address and mailing address as stated in the notice shall be the obligor's address or addresses of record on file in the Registry; and thereafter, the obligor must inform the Registry in writing thirty (30) days of any change;
- 5. If the information contained in the notice is incorrect or incomplete concerning the name and address of the obligor's current employer or other payors of income, dependent health insurance information, or other information requested by the Department, the obligor shall inform the Registry in writing of any changes or additions to the information within thirty (30) days of service of the notice; and thereafter, within thirty (30) days of any change;
- 6. An income assignment is in effect and the amounts specified in the notice shall be withheld from the obligor's income for current support and past due support;
- 7. The income assignment will be served upon all current and subsequent payors of income without further notice to the obligor;
- 8. The income assignment will remain in effect regardless of whether any past due amounts are owed, for as long as the order upon which it is based, or for as long as past due support is owed, whichever is later, and payment of any amount will not prevent the income assignment from taking effect;
- 9. If there is no order for payment of the past due amount, when any amount of support becomes thirty (30) days past due, the obligor's payor of income will be notified to withhold an amount equal to twenty-five percent (25%) of the current support obligation, and that amount shall continue to be withheld until the past due support is paid in full, or until further order;
- 10. If the obligor has failed to comply with an order to provide health insurance, the obligor's employer will be required to enroll the obligor's minor children who are the subject of the referenced order in any dependent health insurance plan offered by the employer to the obligor, and to deduct the amount of the premium from the obligor's income;
- 11. A list of all actions and remedies the Department may take to enforce the order and to collect past due support;
12. The obligor will be given this notice no less than once every twelve (12) months, and after initial service of the notice as provided in subsection B of his section, subsequent notices will be mailed by
regular mail to the last address for the obligor on file in the Registry;
13. The obligor may request an administrative review on a form attached to the notice within twenty (20) days of the date the notice is served upon the obligor which will be granted only on the following grounds:
- a. a mistake of identity,
- b. the existence or the amount of current support or past due support is incorrect, or
- c. the amount of periodic payment on the past due amount to be withheld from the obligor's income will create an undue hardship upon the obligor;
- 14. The obligor has been given notice and opportunity to contest the past due amount stated in the notice and the obligor will not be entitled to another opportunity to contest that amount;
- 15. The notice will have the same effect as a court order and will be enforceable as a court order.
- B. The notice shall be filed, at the option of the Department, with the clerk of the district court in the county of residence of the custodian of the child, in the county of residence of the obligor, or the county of the underlying support order or any other county in which the obligor has real or personal property.
- C. The notice provided for in this section shall be sent to the obligor and to the custodian of the child no less than once every twelve (12) months. The initial notice shall be served by the Department upon the obligor and the custodian as provided in Section 2004 of Title 12 of the Oklahoma Statutes. Thereafter, the Department shall serve the obligor and the custodian subsequent notices by regular mail with a certificate of mailing from the United States Postal Service. Subsequent notices shall be mailed to the last address for the obligor and the custodian on file with the Registry.
- D. An obligor may request an administrative review pursuant to this section by delivering a request to the Department in writing or on the form provided within twenty (20) days of the date the notice is served upon the obligor. If the notice is a subsequent notice as provided in subsection B of this section, the date of service shall be the date the notice is mailed to the obligor, and the notice shall state the date it is being mailed.
E.
- 1. Upon receipt of a timely request for an administrative review, the Department shall schedule a review to be held within thirty (30) days of receipt of the request. The obligor shall be served with notice of the administrative review as provided in subsection B of Section 2005 of Title 12 of the Oklahoma Statutes. The review shall be conducted by an employee of the Department who will attempt to resolve all disputed issues without the necessity of a bearing. If all issues are resolved at the review, the obligor shall sign an agreed administrative order which shall be filed, at the option of the Department, with the clerk of the district court in the county of residence of the custodian of the child, in the county of residence of the obligor, the county of the underlying support order, or any other county in which the obligor has real or personal property.
- 2. If all disputed issues are not resolved at the administrative review, the Department will set the matter for an administrative healing. The obligor shall be served with notice of the hearing as provided in subsection B of Section 2005 of Title 12 of the Oklahoma Statutes. The administrative court shall hear the matter and shall enter an order determining the contested issues and affirming the other provisions of the notice. The administrative order shall be filed, at the option of the Department, with the clerk of the district court in the county of residence of the custodian of the child, in the county of residence of the obligor, the county of the underlying support order, or any other county in which the obligor has real or personal property.
- 3. If the obligor fails to request a timely administrative review, or fails to appear for a review or an administrative hearing, the obligor may no longer contest the contents of the notice, and thereafter the notice shall have the same legal effect as a court order and be enforceable as a court order. The notice with proof of service upon the obligor and the custodian of the child shall be filed, at the option of the Department, with the clerk of the district court in the county of residence of the custodian of the child, the county of residence of the obligor, the county of the underlying support order, or any other county in which the obligor has real or personal property.
- 4. The administrative court may order an obligor to pay all costs involved in proceedings under this subsection.
- 5. A final administrative order entered pursuant to this section shall be served upon the obligor in accordance with subsection B of Section 2005 of Title 12 of the Oklahoma Statutes.
- 6. A final administrative order entered pursuant to this section may be appealed pursuant to Section 240.3 of Title 56 of the Oklahoma Statutes.
Added by Laws 1998, SB 1342, c. 323, § 16, eff. October 1, 1998.