If a child submits an application for child support against a parent, the Case Initiation Center (CIC) will not process the application and open a case. A child cannot open a case against their parent(s) to receive child support. Per Oklahoma statute 43 O.S. § 109.5, the CP with physical custody of the child can open the case to receive support for the care of the child.
Per 45 CFR § 302.38, child support is issued to resident parent, legal guardian, caretaker relative, or judicially appointed conservator with a legal and fiduciary duty to the CP and child. A child does not fall under these categories and is therefore ineligible to open a case to receive support from a parent.
Additionally, if a child submits an application for paternity establishment against a parent, CIC will not process the application. Oklahoma does not open paternity establishment only cases.
If there appears to be a special circumstance that would warrant a case being opened, CSS staff should consult with a state’s attorney.