§ 56-237A. Notice to obligor - Administrative procedures.

A.  In all cases being enforced by the Department of Human Services pursuant to the state child support plan, unless the amount of past due support has been determined in a court proceeding within the past twelve (12) months, 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.  That all payments for current support and payments for past due support owed to the Department or to the obligee shall be paid to the Centralized Support Registry at the address specified in the notice, and thereafter, any payments made other than to the Support 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 for service of process on file in the central case registry provided for in Section 112A of Title 43 of the Oklahoma Statutes; and thereafter, the obligor must inform the central case registry at the address specified in the notice in writing within thirty (30) days of any change;

5.  That 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 is required to inform the central case registry in writing of any changes or additions to the information within thirty (30) days of service of the notice and thereafter to inform the central case registry within thirty (30) days of any change;

6.  An income assignment is in effect and that 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.  That if there is no order for payment of the past due amount, when any amount of support becomes thirty (30) days past due, the Department is authorized to direct the obligor’s payor of income to withhold an amount equal to twenty-five percent (25%) of the current support obligation, and that this amount shall continue to be withheld until the past due support is paid in full, or until further order;

10.  That 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.  The list may include a specific payment plan;

12.  That 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 C of this section, subsequent notices will be mailed by regular mail to the last address for the obligor on file in the central case registry;

13.  That 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, or

b.the existence or the amount of current support or past due support is incorrect;

14.  That the obligor has been given notice and opportunity to contest the past due amount stated in the notice and that the obligor will not be entitled to another opportunity to contest that amount; and

15.  That 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 in the county of the underlying support order or in any other county in which the obligor has real or personal property.

C.  The initial notice provided for in this section shall be served by the Department upon the obligor as provided in Section 2005 of Title 12 of the Oklahoma Statutes, or if there is an address of record on file with the central case registry pursuant to Section 112A of Title 43 of the Oklahoma Statutes, the notice may be served by regular mail at the address of record.  The Department shall serve the obligor subsequent notices by regular mail with a certificate of mailing to the last address of record for service of process for the obligor on file with the central case registry.  The Department shall send the initial and subsequent notice to the custodian of the child by regular mail with a certificate of mailing.

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 C 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 hearing.  If all issues are resolved at the review, the obligor shall sign an agreed administrative or district court 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, in the county of the underlying support order, or in 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 shall set the matter for a hearing.  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 district or administrative court shall hear the matter and shall enter an order determining the contested issues and affirming the other provisions of the notice.  An 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 in the county of the underlying support order, or in 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 a hearing, the obligor may no longer contest the contents of the notice, and the obligor shall be obligated to make payments pursuant to the payment plan as stated in the notice to collect the past due support and those amounts shall be subject to income withholding.  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, in the county of residence of the obligor, in the county of the underlying support order, or in any other county in which the obligor has real or personal property.

4.  The district or administrative court may order an obligor to pay all costs involved in proceedings under this subsection.

5.  A final 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 this title.

Added by Laws 1998, c. 323, § 16, eff. Oct. 1, 1998.  Amended by Laws 2000, c. 384, § 10, eff. Nov. 1, 2000; Laws 2001, c. 407, § 16, eff. July 1, 2001; Laws 2004, c. 124, § 3, eff. Nov. 1, 2004.