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Legal Authority for Modification Process

Below are the Federal and state laws which give Child Support Services authority to modify orders for child support.

Federal Law & Regulations

  • 42 USC § 666 requires IV-D agencies to establish, modify, and enforce child support orders.
  • 45 CFR § 303.8 requires IV-D agencies to review child support orders and adjust them if appropriate
  • 45 CFR § 303.11 lists the circumstances in which child support cases are eligible for closure

State Law

  • 43 OS § 112 requires notification to CSS if a party is receiving benefits under the TANF program, as that party has assigned their child support rights to CSS, or if a party is receiving medical support or any CSS child support services
  • 43 OS § 118 through 118I contain Oklahoma’s child support guidelines
  • 43 OS § 118.1 requires CSS to review and modify child support orders in accordance with the child support guidelines
  • 43 OS § 119 provides the Child Support Guideline Schedule.
  • 43 OS § 120 requires completion of a child support computation form as part of orders that establish or modify child support
  • 43 OS § 601-611 outlines when a state tribunal may modify a support order in another state
  • 43 OS § 601-613 discusses the role of a state tribunal when a child does not reside in the issuing state
  • 43 OS § 601-615 discusses the role of a state tribunal if a foreign country lacks or refuses to exercise jurisdiction to modify an order
  • OAC 340:25-5-198.2 CSS’s modification rule and provides a list of authorities
  • 56 OS § 237.3 states that attorneys employed by CSS represent the state, not the interests of any other party

State Policy

  • OAC 340:10-10-5 requires customers receiving Temporary Assistance for Needy Families (TANF) to cooperate with CSS in establishing, modifying, and enforcing an order for child support and defines noncooperation
  • OAC 340:25-5-118 defines noncooperation in a non-TANF case
  • OAC 340:25-5-198.1 sets out CSS’s process for the review of a child support order
  • OAC 340:25-5-350.3 requires all child support payments be made through the Centralized Support Registry