At the request of AFS, Oklahoma Child Support Services created a special Long Term Care Team which reviews and modifies the child support obligations of cases in which the payer of support is a recipient of Social Security benefits and has the need for placement in a long-term care facility. It is our understanding that these NCP residents are Medicaid recipients and will only have access to $75.00 of their social security each month and must assign the rest of their benefit amount to their facility to pay for their care.
In such circumstances, our normal practice is to file a motion to obtain a new court order which reduces an obligor’s regular monthly child support to $0.00; and, if a past due balance is owed on a case, we would ask for the court to set a minimal arrears payment of $10.00 – $25.00 per month. Many of these cases do not meet the case closure criteria for permanently disabled because the child support is being collected from social security benefits*. If the person with custody of the minor child(ren) in the case is understanding of, and agreeable to, this change, we file a Motion to Modify and enter an Agreed Order with the Administrative Court. However, if the custodian is not agreeable, they do have the right to request a hearing before an Administrative Law Judge to request the child support ordered amount stay in place as is.
CSS Offices may be receiving modification requests from facilities or AFS workers. Please refer them to our group email. Inquiries state-wide can all be directed to: CSS.LongTermCare@okdhs.org. We would prefer these requests to come from the AFS worker assigned to the resident-obligor. The CSS staff will need the assistance of the AFS staff, including possibly their testimony, so that we can together best serve the overall needs of the families.
If you have any questions, they may be directed to CSS.LongTermCare@okdhs.org or Deputy Director, Anthony Jackson, at: Anthony.Jackson@okdhs.org.
* 45 CFR 303.11(b)(8): The IV-D agency has determined that throughout the duration of the child’s minority (or after the child has reached the age of majority), the noncustodial parent cannot pay support and shows no evidence of support potential because the parent has been institutionalized in a psychiatric facility, is incarcerated, or has a medically-verified total and permanent disability. The State must also determine that the noncustodial parent has no income or assets available above the subsistence level that could be levied or attached for support