Library: Policy
340:25-5-134. Default orders
Revised 9-15-20
(a) Legal basis. The Oklahoma Department of Human Services, Child Support Services (CSS) requests default orders and processes requests for vacation or modification of default orders, per Sections 1031, 1031.1, 1038, and 2004 of Title 12 of the Oklahoma Statutes.
(b) Service of process. Before a default order is requested, CSS ensures all parties whose rights will be affected are served, in accordance with Section 2004 of Title 12 of the Oklahoma Statutes, unless there are statutorily recognized substitutes for service.
(c) Entry of default orders. CSS reviews service of the pleadings and files a proper return of service prior to requesting entry of a default. • 1 through 4
(d) Default order reviews. When a default order is entered and either party contacts CSS in writing within 30-calendar days of entry of the default order, CSS treats the request as a motion to rehear, vacate, or modify. CSS takes necessary steps to bring the action before the court for resolution. • 4
(e) Default orders in parentage action. When any party whose rights will be affected has been served and is non-cooperative in establishing parentage, CSS may request a default order of parentage, unless the non-defaulting party objects. When the non-defaulting party objects, CSS determines whether to set the case for hearing or dismiss without prejudice. • 1
INSTRUCTIONS TO STAFF 340:25-5-134
Revised 9-15-20
1. Oklahoma Human Services, Child Support Services (CSS) staff ensures the return of service accurately reflects all documents served.
(1) CSS staff follows the Consistent Excellence (CE) Paternity Legal Review Process in determining the information needed before moving forward with a default establishment order.
(2) In an action to establish parentage, when a third party is the custodial person, CSS staff serves the birth parent (BP).
(3) When the custodial person (CP) or BP fails to appear for the hearing after service of process and the noncustodial parent (NCP) wants to acknowledge parentage, then a default order is proper.
2. When one of the parties to the case is in default, CSS staff confirms the military status of the defaulting party on the Servicemembers Civil Relief Act (SCRA) website, https://scra.dmdc.osd.mil/scra/#/home, and files the default affidavit with the court, per Sections 3901 through 4043 of Title 50 of the United States Code.
3. (a) On the Office of Administrative Hearings: Child Support (OAH) hearing day, before CSS staff request a default order from the administrative law judge (ALJ), staff takes the following steps:
(1) call the defaulting party and leave a message if possible;
(2) update the automated system CSXFRU screen allowing the CSS call center to do a one time phone call transfer to CSS staff;
(3) Wait 30 minutes and call again when there is no contact from the defaulting party;
(4) When there is no response to the second call within 30 minutes, and no indication in the automated system case log that the defaulting party called, CSS staff submits the default order to the state’s attorney for approval.
(b) When an attorney represents the defaulting party and the attorney does not appear on the hearing day, CSS staff continues the hearing and attempts to contact the attorney’s office. After a continuance and no contact is made, the state’s attorney requests the ALJ decide whether to grant further continuances or grant a default order.
(c) When the defaulting party calls before the ALJ signs and files a default order, CSS staff request the ALJ reject the default order and try to enter an order with the parties or continue the case to another hearing date.
4. When a party related to the case provides CSS with a written request to reconsider a default order within 30-calendar days of the order's entry, CSS staff:
(1) files the written request and sets the request for hearing;
(2) provides the party with a CSS pro se self-help motion for hearing; or
(3) enters an agreed order when permitted by the court.
