This article provides guidance regarding service of process and notification requirements when Oklahoma is the responding agency in an incoming intergovernmental case.
If you have any questions or need guidance always consult your state’s attorney.
Intergovernmental Definitions
- Intergovernmental Case: A case in which the dependent child and noncustodial parent live in different states, tribes, territories, or countries, or where two or more agencies or tribunals are jointly involved in same case activity, such as enforcement. (Also called Interstate or Interjurisdictional Case.) Definitions – Glossary of Child Support Terms – Child Support Quest
- Initiating State, Agency or Jurisdiction: The state, tribal, or county court, or administrative agency that sends a request for action to another court or agency that can exercise legal authority against a party to an action. In cases where a state is trying to establish an initial child support order on behalf of a resident custodial parent and does not have Long-Arm Jurisdiction (cannot legally claim personal jurisdiction over a person who is not a resident), it must file a Two-State Action under the Uniform Interstate Family Support Act (UIFSA) guidelines. (Tribes are not subject to UIFSA.) Definitions – Glossary of Child Support Terms – Child Support Quest
- Responding Jurisdiction: The court of administrative agency with authority over a noncustodial parent or child support order on which an initiating jurisdiction has requested action. Definitions – Glossary of Child Support Terms – Child Support Quest
General Communication and Notice Requirements
In a two-state interstate case where Oklahoma CSS is the responding agency, CSS staff must provide notices to the initiating state, rather than communicating directly with the Custodial Person (CP). Within 2 days, CSS must provide the initiating state with copies of any pleadings filed in a tribunal or any communications received from the respondent or the respondent’s attorney. 43 O.S. 601-307
Establishment Court Actions
During the establishment of a new parentage and/or support order, CSS may need to supplement the Uniform Interstate Family Support Act (UIFSA) Petition, otherwise known as the Uniform Support Petition, with a Notice of Child Support Obligation (NOCSO) or Notice of Paternity and Support Obligation (NOPSO).
- Send Documents to Initiating State or Jurisdiction: When supplementing the petition with these new establishment pleadings and their associated documents or attachments, CSS must send copies to the initiating state via Electronic Document Exchange (EDE), or by United States Postal Service (USPS), along with the notice of the hearing.
- Request Service: CSS staff must request that the initiating state serve the petitioner, which is typically the CP.
- Monitor and Review for Closure: If the initiating state fails to attempt service, CSS staff review the case for interstate non-cooperation. If the initiating agency’s failure to act prevents the essential next step in providing services, the responding state may review to proceed with case closure using OSIS reason code 04/13 for Incoming Interstate Non-Coop. 45 CFR 303.11(b)(17)
Enforcement Court Actions
When CSS files subsequent new pleadings that were not initiated by the other state, such as enforcement pleadings, CSS serves all parties just as it is done in intrastate cases.
- Send the Request to the Other State: CSS staff must send the legal documents to be served to the state child support agency where the party is located and request that they serve the party or have the party sign an acknowledgment of service. This intergovernmental procedure applies whether the other state has an existing case or is acting under a limited-service referral.
- Direct Service as a Backup: If the other state’s child support agency does not serve the documents, CSS must attempt service on the other party directly, unless there is a specific reason not to do so.
International Cases
If the party you would like to serve resides in another country, review the OCSS Hague Convention country list on the OCSS website (International | The Administration for Children and Families) to see if the country participates. Once you know if the country participates, you can contact your Intergovernmental PFR for assistance in serving this individual. Practical Handbook for Caseworkers under the 2007 Child Support Convention