“Prior to remitting Five Hundred Dollars ($500.00) or more on a claim under a contract of insurance, every insurer authorized to transact insurance pursuant to Title 36 of the Oklahoma Statutes shall exchange information with the Oklahoma Department of Human Services, as set forth in Section 237 of Title 56 of the Oklahoma Statutes, to ascertain whether the claimant owes past due child support to the state or to an individual to whom the Department is providing child support services.”
This notice to Child Support Services (CSS) should occur at least ten (10) days prior to the insurer paying the claim. However, often we are notified as the last step prior to the insurer issuing payment.
There are several ways insurers may verify whether a claimant owes child support. Many insurers have their own internal centralized system called an ISO. Insurers may also consult with the Office of Child Support Enforcement (OCSE) or may contact the child support lien coordinator at State Office. Of course, the information may also be received by the child support specialist in the local office.
Personal Injury and Wrongful Death intercepts are made through use of liens. The liens intercept lump sum payouts. The funds collected are applied to both current and past due support.
- CSS is made aware of the pending claim either by OCSE (FCRL) or by the insurer
- Child Support Specialist verifies if the Lien has been generated automatically due to the match on FCRL. If the Lien has generated automatically, the child support specialist ensures copies of the Lien have been processed and mailed to the appropriate recipients (the Insurer, the NCP and/or the NCP’s attorney of record).
- If the Lien has not generated automatically the child support specialist generates a manual Lien and mails copies as described above.
- Child Support Specialist should verify that LENL has been updated appropriately in all cases whether the Lien was generated automatically or manually.
- Review of Insurance Liens and levies follows the process for administrative review under OAC 340:25-5-200.1.
Child support staff can use the Administrative (Automated) Enforcement in Interstate Cases (AEI) process to collect personal injury and wrongful death settlements from NCPs in other states. The requirements and contact persons to perform an AEI can be found on the U.S. Map of Child Support Services.
The documents used for this process are found in ALC. The document name is: CSLPI (Cover Letter and Affidavit of Child Support Lien)
56 O.S. § 237B
- 340:25-5-203.2 Insurance Intercept
- 340:25-5-200.1 Administrative Review