Library: Policy
340:25-5-203.1. Collection from lottery prize winnings
Revised 9-15-2021
(a) Oklahoma Child Support Services (OCSS) files claims with the Oklahoma Lottery Commission against lottery prize winnings per Section 724.1 of Title 3A of the Oklahoma Statutes to collect:
(1) child support arrearages, child support judgments and interest thereon, past-due alimony, and judgments for child care costs and medical expenses; and
(2) overpayments established by OCSS per OAC 340:25-5-305 and 340:25‑5‑312.
(b) OCSS files a claim for cases in which at least $150 in past-due support or overpayment is owed.
(c) Within five days after filing a claim with the Oklahoma Lottery Commission, OCSS sends a notice by regular mail to the noncustodial parent. The notice includes:
(1) that a claim has been filed with the Oklahoma Lottery Commission;
(2) the basis for the claim;
(3) that the noncustodial parent has the right to contest the claim by requesting in writing an administrative review within ten days of the date on the notice from OCSS; and
(4) that the administrative review is granted only on the grounds of:
(A) a mistake of identity; or
(B) the amount of arrearage or judgment is incorrect.
(d) After the administrative review, OCSS issues a notice of administrative review decision and information about requesting an administrative hearing. The noncustodial parent may request in writing a hearing within 20 days after the date of the administrative review decision.
(e) Upon timely receipt of a written request for an administrative hearing, OCSS schedules the matter for an administrative hearing before the Office of Administrative Hearings: Child Support (OAH). OAH conducts a hearing and enters an order determining the contested issues.
(f) If the noncustodial parent settles the arrearage or judgment with OCSS before expiration of the 30-day administrative review period as per OAC 340:25‑5‑200.1, OCSS notifies the Oklahoma Lottery Commission in writing or by electronic media that the claim has been released.
