Library: Policy

340:25-5-198.2. Modification

Revised 10-20-21

(a) Authority for modification. Oklahoma Human Services (OKDHS) Child Support Services (CSS) may initiate modification of a child support order per Section 303.8 of Title 45 of the Code of Federal Regulations (45 C.F.R. §303.8), Sections 112, 118-118I, 118.1, 119, 601-611, 601-613, and 601-615 of Title 43 of the Oklahoma Statutes (43 O.S. §§ 112, 118-118I, 118.1, 119, 601-611, 601-613, and 601-615), and 56 O.S. § 237. CSS initiates a modification in the appropriate tribunal when facts indicate modification is warranted under applicable state or federal law or regulation.

(b) Modification of child support order. CSS seeks a modification when: ■ 1 through 3

(1) there is a material change in circumstances per 43 O.S. § 118I including, but not limited to:

(A) a change in either parent's gross income or changes in child support guideline calculation, such as child care expenses or medical support;

(B) a child reaching the age of majority per 43 O.S. § 112;

(D) there is a change in physical custody verified, per Oklahoma Administrative Code (OAC) 340:25-5-201.1;

(E) when the noncustodial parent (NCP) is incarcerated for more than 180- consecutive days per 45 C.F.R. § 303.8 and OAC 340:25-5-178(k); or

(F) one of the parents is determined disabled by the Social Security Administration and the parent is receiving Supplemental Security Income or Social Security Disability Income; or ■ 4

(2) per 56 O.S. § 237 when the evidence in the case justifies a modification regardless of whether there has been a change of circumstances including, but not limited to, when:

(A) the original order fails to set child support according to the guidelines;

(B) an adjustment is needed to maximize a noncustodial parent's available income to meet the current child support obligation in each of the NCP's cases; or

(C) a parent provides proof the child support obligation is being satisfied in full or in part by an apportionment of the veteran's disability compensation. ■ 5

(1) CSS seeks a modification of a medical support order, when:

(A) there is no existing order for either parent to provide dependent health care coverage. CSS initiates a modification of a support order to require either or both parents to provide dependent health care coverage when CSS obtains information the child(ren) is not covered under an existing health care plan, regardless if coverage is currently available to either parent;

(B) the availability of medical insurance changes;

(C) there is an order for the custodial person to provide medical support for the minor child(ren) and enforcement of the order is not appropriate per 43 O.S. § 139.1 or 21 O.S. § 566;

(D) an order for the NCP to provide medical insurance and the release of information necessary for enrollment of the child is inappropriate due to family violence and a cash medical order is appropriate per OAC 340:25-5-198; or

(E) there is an order for a parent to provide medical insurance, the applicant for child support services did not request services against that parent, and the ordered parent is not actually providing medical insurance for the child. ■ 6

(2) When CSS participates in the modification of a child support order filed by a party, CSS requests the court order contain a provision for medical support consistent with OAC 340:25-5-168.

(3) When a child support order exists, CSS considers a request to establish a medical support order as a request for modification of the order per 43 O.S. § 118.1. CSS seeks a medical support order in a tribunal with jurisdiction to modify the child support order and follows procedures per OAC 340:25-5-198.1.

(4) When cash medical support is ordered as part of a modification action, CSS requests a cash medical support order be effective the same date the modified child support amount is effective, unless the parties agree to a different date or the change in health coverage cost or availability occurred on a later date.

INSTRUCTIONS TO STAFF 340:25-5-198.2

Revised 10-20-21

1. Upon completion of a child support order modification, Oklahoma Department of Human Services Child Support Services (CSS) staff updates the OBLRV screen in the Oklahoma Support Information System (OSIS) associated with the current support amount that was modified.

2. When there is a subsequent child(ren) born to parents who live in the district office’s county, the district office requests the court modify the valid underlying order.

3. When a custodial person (CP) fails to appear for the modification hearing after service, CSS State’s Attorney decides when to ask the court to confirm a judgment for arrears that have accrued under the prior order.

4. When a parent is receiving Supplemental Security Income, staff follows Oklahoma Administrative Code (OAC) 340:25-5-178 and Instructions to Staff (ITS).

5. CSS requests the court consider the apportionment of the veteran's disability compensation amount, per OAC 340:25-5-178 and ITS.

6 . When a third party custodial person does not seek services against one of the parents and that parent is ordered to provide medical support for the child, CSS cannot enforce the medical support order. Therefore, when the ordered parent is not providing the medical insurance, CSS seeks modification to establish the medical support order against the parent for whom CSS has an open case.