Administrative Court Steps for Registration of a Foreign Order

Legal Authority:

•  43 O.S. §601-601 through §601-610 Registering a foreign order
• OAC 340: 25-5-200(b) Enforcement- Non-Oklahoma Support Order
• OAC 340:25-5-270 Intergovernmental Cases

Registration of all non-Oklahoma Orders must occur for CSS to take many enforcement actions. In other words, registration of an order from a jurisdiction other than Oklahoma District or Administrative court is a necessary first step before the order may be enforced or modified in Oklahoma. Registration gives the obligor the opportunity to challenge whether the order is entitled to be enforced, is the most recent order entered, or whether the alleged arrears are correct.

Registration of a foreign order may occur both when there is an intergovernmental (two agencies) referral and when there is no intergovernmental referral, for example, when a party makes direct application for services to CSS and has a non-Oklahoma order.

Within 45 days of receiving the foreign order in the district office, CSS will:

• Start the registration process or,
• Ask the Initiating Agency, applicant for CSS services or state assistance recipient (TANF, Child Care or Medicaid/SoonerCare) for additional information, if needed, via:
  • CSENet
  • Transmittal #2
  • Phone call
  • Doc Gen Letter (I03)
  • Email
  • Fax

NOTE: If an Initiating Agency does not respond with the necessary information within 30 days, begin the intergovernmental non-cooperation and closure process if you cannot proceed with the next action in the case. If there is no Initiating Agency, begin the non-cooperation and/or closure process for the case.

Registration is to be made in either district court or OAH, but does not have to be registered in both. The foreign order is to be registered in district court if that is the court in which a modification or enforcement action will be taken by CSS. If instead a modification or enforcement action will be pursued in OAH, the registration should be filed in OAH and docketed in district court. See Administrative Court Steps for Registration of Foreign Order.

NOTE: If the registration is for the purpose of enforcement or modification, it is a best practice to generate and file the enforcement or modification pleadings (but is not required) at the same time as registration of the foreign order.

Step 1.  Case Preparation: Make sure you have the following documents

1.1 Child Support Enforcement Transmittal #1–Initial Request if the foreign order was received as a part of an Intergovernmental referral.

1.2. Letter of Transmittal Requesting Registration

• Each order to be registered needs a separate Letter of Transmittal Requesting Registration
• Before filing, redact personal information for all parties. Redact the SSN for all parties and all but the year of birth in all birthdates for all parties, ex: xx-xx-2012. Redact any addressor employer information for any party requesting non-disclosure or claiming family violence.

1.3 Certified copies of all orders with personal information redacted. Verify all orders necessary for registration are included, for example:

• When only one order has been issued: CSS only needs the single order and one Letter of Transmittal Requesting Registration.
• When there are multiple orders, and the last order provided for ongoing support and made a determination of the amount of arrears under all prior orders, CSS needs a Letter of Transmittal Requesting Registration only for the last order.
• When there are multiple orders and there has been no prior determination of arrears by another tribunal, CSS needs to register all orders for ongoing support and complete Letter(s) of Transmittal Requesting Registration for each order.

If multiple orders have been entered prior to the last determination of arrears, CSS may request copies of those orders; however, it is not mandatory to have copies of prior orders to proceed with registration.

1.4 Pay history that supports the request for the arrears amount on the Letter of Transmittal Requesting Registration

• Contact Initiating Agency for updated case balance and payment history if the referral is older than six months.
• An updated Pay History or Record of Payments (ROP) is not always required to start the process of registration; however, it is a best practice to have one for any enforcement preceding that might be initiated upon registration.
• Request an updated Pay History or ROP:
  • If CSS has reason to believe payments have been made since Pay History or ROP was provided.
  • If filing an additional pleading and the arrears will be adjudicated.
• If there is no Initiating Agency, CSS will need to prepare an Arrears Computation–Court Sheet (ROP) with the best available information. See Finance Disciplines related to Arrears Computation and Interest documentation for more information.

Step 2. Preparing Documents for Filing

2.1 Request OAH case number (If one does not exist).

2.2 Update the OSIS Obligation (OBLU-PF1) with the OAH case number.

2.3 Update the Petitioner and Respondent screen (PTDFU)to correspond with the case style and party information as it appears on the presumed controlling order.

NOTE: If a hearing is necessary for an enforcement action being done contemporaneously with a registration process, record the date of the hearing (HEARA).

2.4  Prepare the following documents (available on ALC):

• Notice of Registration of Foreign Order Support Order Under UIFSA (I11)for each order
• Letter of Transmittal Requesting Registration if not received from an initiating agency
• Affidavit of Service
• Optional Investigator Sheet (G04 or G04CP) if personal service is used

NOTE: Make sure to match the “to and from” dates from the Initiating Agency payment history on the Registration Statement(s).

2.5 Verify the OAH case number and CSSFGN is included on all documents.

2.6 File with OAH. E-filing is the preferred method.

2.6.1 For e-filing to OAH

• File the documents listed in 2.4 and any additional applicable documents via thee-filing process
• When file-stamped copy is returned;
  • Place file-stamped copy in the file
  • Mail file-stamped copy to Initiating Agency and/or CP

2.6.2. If e-filing is not available, for paper filing to OAH: Make3 sets (Original +2 copies)of:

• Notice of Registration of Foreign Support Order Under UIFSA (I11)
• Letter of Transmittal Requesting Registration
• All Foreign Order(s) being registered
• Initiating Agency payment history or CSS Arrears Computation – Court Sheet (ROP)

2.6.2.1 The 3 sets are for:

• 1 Original – Filed with OAH(this will remain with OAH)
• 1 Copy – Will be file-stamped by OAH and returned to the office. Use this document to make additional copies for service and mailings.
• 1 Copy – Kept in your CSS file until the file-stamped copy is returned from OAH. Upon receipt of file-stamped copy, this copy may be destroyed.

2.6.2.2 Mail original plus 1 copy to OAH for filing

2.6.2.3. When file-stamped copy returns from OAH:

• Place file-stamped copy in the file
• Mail file-stamped copy to Initiating Agency and/or CP

2.7 Caselog that Registration has been filed with OAH.

2.8 Update the OSIS Obligation (OBLU -PF4) with Oklahoma registration.

Step 3. Serve the NCP

3.1 Record in OSIS how the Notice of Registration is to be served:

• Go to the Document Service List screen (DOCSL) and locate the appropriate document(s)
• Next to the document(s) enter DOCSU to update how and who is to be served.

3.2 Service Options:

3.2.1 For certified mail send the following file-stamped packet to the NCP:

• Notice of Registration of Foreign Order (I11)
• Letter of Transmittal Requesting Registration
• Copy of all orders being registered
• Initiating Agency pay history or CSS ROP, as appropriate
• Ensure that return receipt and restricted delivery is requested
• When the return receipt is received, complete the Affidavit of Service

3.2.2 For personal service, use the Investigator Sheet (G04 or G04CP) and send the following file-stamped packet to the process server:

• Notice of Registration of Foreign Support Order Under UIFSA (I11)
• Letter of Transmittal Requesting RegistrationCopy of all orders being registered
• Initiating Agency pay history or CSS ROP, as appropriate
• Obtain proof of service from the process server

The Affidavit of Service should be provided to the process server and then returned to CSS, indicating when and where the NCP was served.

3.2.3 If the NCP refuses the attempted service by certified mail, this can be considered good service once the following have been completed:

• Notify the NCP in writing that refusal of service of process is considered good service by 12 O.S. §2004. Send all the documents described above via regular mail.
• File the notice and proof of refusal of service with district court (e.g. the envelope received by CSS on which the word “refused” appears).

3.3 If the NCP is not served

• Record on DOCSU that the Notice of Registration was not served.
• Notify the Initiating Agency or CP that we are that we are unable to serve the NCP.
• If appropriate, request locate assistance from the Initiating Agency or CP.
• Reinitiate Federal Parent Locator Service matching (press F5 on FCR and press enter to reset). Update the NCP’s address into history (as applicable).

3.4 Case log actions

3.5 As appropriate, if the NCP is believed located, attempt service again or attempt service by a new method.

Step 4. File Proof of Service Documents with OAH

4.1 Once the NCP is served, file proof of service documents with OAH, either electronically or by mail.

4.1.1 If you file electronically with OAH:

• Queue the Affidavit of Service on CSCD, (the document automatically forwards to the designated office rotary and/or State’s Attorney.)
• Scan in Affidavit of Service or certified mail signature card.
• Send completed service documents to OAH through OAH polling via Workflow.
• OAH stamps and sends back via Workflow and OAH polling.
• Download file-stamped documents from OAH.

4.1.2 If you file by mail with OAH:

• Make three sets (1 original and 2 copies) of the completed Affidavit of Service.
• Send original and one copy to OAH. Keep one copy in your file until a file-stamped copy is returned from OAH.

4.2 Caselog actions

Step 5 NCP Available Actions

5.1

For both certified mail and personal service, the NCP has 20 days from the date of mailing or personal service to submit written request for a hearing to contest the registration. If the NCP does not request a hearing within 20 days, CSS prepares a Default Notice Confirming Registration. If an enforcement and/or modification action is being pursued at the same time, the final order may include a statement that the registration of the foreign support order is confirmed.

NCP does not Request a Hearing within 20 days:

NOTE: Registration of the Foreign Order(s) will be considered confirmed 20 days after the date of service if there is no Objection or Request for Hearing.

5.1.1 Create a Registration Confirmation Packet which includes:

• Default Notice Confirming Registration of the foreign order(s)
• Additional enforcement or modification orders that were done at the same time as registration

5.1.2 Mail Registration Confirmation Packet

• If an active intergovernmental case, send packet to the Initiating Agency, the party residing in Oklahoma, and the Issuing Tribunal if different from the Initiating Agency. Place one copy in the file.
• If not an active intergovernmental case, send packet to the Issuing Tribunal and both parties. Place one copy in the file.

5.1.3 Update the obligation screens to reflect the registration information

5.1.4 Update hearing screens to reflect completion of hearing if necessary

5.1.5 Caselog actions

5.2 NCP Requests a Hearing:

5.2.1 Add the case to the next appropriate OAH docket   (if no previous hearing was set for enforcement actions being pursued contemporaneously)

5.2.2 Create a hearing on the OSIS hearing screens(HEARA)

5.2.3 File the NCP’s written request for hearing and Notice of Hearing with OAH.

5.2.4 Send the Notice of Hearing to the NCP by regular mail and do a Certificate of Mailing. Also send copy to Initiating Agency and/or CP.

Step 6. Confirming Registration

6.1 Confirming Registration As A Stand-Alone Process:

NOTE: Examples of when this would occur: When NCP is current, when there is already a payment plan for arrears, when only automated enforcement (such as IWO or UIB) is pursued.

6.1.1 Prepare an Order or Notice Confirming Registration

• Present Order or Notice Confirming Registration to OAH docket (to obtain signature of Administrative Law Judge (ALJ))
• At the hearing or “signature docket” present Order Confirming Registration or ALJ to review, sign and file order with OAH

6.2 Confirming Registration Along With Other Pleadings:

6.2.1. If a court hearing is set:

When preparing the order include the following language:

6.2.2. If court hearing is not set (e.g. with a Citation for Contempt):

• Prepare Notice of Default and Order Confirming Registration once 20 days have passed since NCP was served.
• Send Order Confirming Registration to the Initiating Agency with Transmittal #2

NOTE: An Oklahoma Court, including OAH, may not modify the foreign order’s duration of support or the interest rate on accrued arrears.

NOTE: Service of the Notice of Registration more than 20 days prior to the Order Confirming Registration may be required, depending on whether any other enforcement processes accompanied registration.

Step 7. Docket Order Confirming Registration in District Court within 30 days per OAC 340:25-5-185.1

7.1 Obtain from OAH: certified copies of Order Confirming Registration and /or other order containing statement confirming registration, underlying controlling order being registered, and any enforcement orders entered by OAH.

7.2 Prepare Request to Docket document. Attached documents listed in 7.1 and docket in district court. The district court will assign a district court case number.

Step 8. If Registration is Confirmed

8.1. Mail a file-stamped copy of the Registration packet  to:

• If an active intergovernmental case the Initiating Agency, the party residing in Oklahoma, and the Issuing Tribunal if different from the Initiating Agency. Place one copy in the file.
• If not an active intergovernmental case: the Issuing Tribunal and both parties. Place one copy in the file.

8.2. Update the obligation screens to reflect the registration information.

8.3. Update hearing screens to reflect the completion of hearing.

8.4.Caselog actions

8.5 Case Assignment

• Cases with intergovernmental child support orders are assigned to a district office serving the county in which the order is registered, per 43 O.S. §§ 601-601 through 601-614.
• (A) When there are multiple Oklahoma support orders, cases are assigned to a district office serving the county where the presumed controlling order for current child support was entered or docketed in district court.   4
• (B) When there is an Oklahoma support order and an intergovernmental support order, the case is assigned to the district office serving the county where the Oklahoma support order is entered or filed.
• When there is an existing Office of Administrative hearings: Child Support (OAH) order that was not docketed in the appropriate district court, per OAC 340:25-5-185.1, the case is assigned to the district office that obtained the OAH order.

Step 9. If Registration is Not Confirmed

9.1 Have State’s Attorney create an Order Denying Registration

9.2 Mail a file-stamped copy of the Order Denying Registration to:

• If an active intergovernmental case: the Initiating Agency, the party residing in Oklahoma and the Issuing Tribunal if different from the Issuing Agency. Place one copy in the file.
• If not an active intergovernmental case: the Issuing Tribunal and both parties. Place one copy in the file.

9.3 Consult with State’s Attorney on how to proceed with case.

Anything extra or special a new worker to CSS or Intergovernmental casework should know.

• CSS may not modify duration of support or interest rate on accrued arrears in a foreign order.
• Need an Order or Notice Confirming Registration for each foreign order that is registered.
• To determine which jurisdiction has CEJ, please see the Identifying the Controlling Order and Which State has CEJ.

This is a derived from a Consistent Excellence approved process. This article contains updates to the process.  View the original CE document Registration of Foreign Order – Administrative Court.