The Notice of Payment Increase (NOPI) establishes or increases a monthly judgment payment in an amount not to exceed five percent (5%) of the total child support order. To issue one, the case must meet certain criteria—see (Notice/Order of Payment Increase). The following is an outline of the steps to issue and enforce a NOPI, including timeframes and steps for appeal.
Step 1: Prepare the Notice/Order of Payment Increase Letter (ALC NOPI)
CSS staff should always use the NOPI available on ALC. The Notice informs the Obligor of the monthly child support and judgment payments that have been ordered and the amounts that will be ordered after 10 days has elapsed from the date of the NOPI. The NOPI must state:
- Date of mailing the NOPI.
- Monthly amounts that Obligor has been ordered to pay.
- Monthly child support payment to include current child support, cash medical support and any fixed medical costs. If current support is no longer due, enter the total amount that was previously ordered.
- Monthly judgment payment, if any.
- Total monthly child support order (the sum of the monthly child support and the monthly judgment payment).
- Monthly amounts that Obligor will be ordered to pay 10 days after the NOPI if there is no request for administrative review.
- Monthly child support payment to include current child support, cash medical support and any fixed medical costs. If monthly child support is no longer due, enter $0.00.
- Monthly judgment payment.
Example: The children have aged out, but the monthly current child support was $200.00 per month. There is an existing judgment payment of $100.00 per month. 5% of $300 is $15.00. Add this amount to the existing judgment payment of $100.00 per month for a total payment of $115.00 per month. This is the new judgment payment. If there was no existing judgment payment, the new judgment payment would be $10.00 per month.
- Calculate 5% of the monthly child support, even if it is no longer due; Add to that any existing judgment payment.
- Total monthly child support order (the sum of the monthly child support, if any is still due, plus the new judgment payment).
Step 2: Mailings Sent by Regular Mail
The NOPI is sent to the Obligor by regular mail.
Step 3: No Objection; Obligation Docketed and Updated
If the Obligor does not request an administrative review, the Notice/Order of Payment Increase is docketed in the district court case and the obligation is updated with the new judgment payment.
Step 4: Objection; Request for Review
The Obligor chooses to object to the NOPI, and invokes his/her right to Administrative Review.
- Obligor has ten (10) days from the date of mailing the NOPI to submit a written request for a review to contest the NOPI.
- If the Obligor objects (by completing the Request for Administrative Review form or by providing an objection in writing), a desk review is conducted by the local office within ten (10) days of the receipt of the request.
- The district office may request the Obligor submit documentation for the review if the Request for Administrative Review form indicates further information is necessary.
- The district office performs a desk review and either affirms or withdraws the NOPI.
- The Notice of Administrative Review Decision Regarding Notice of Payment Increase is sent to the Obligor by regular mail.
Step 5: No Objection; Hearing Docketed
If the Obligor does not request a hearing, the Notice/Order of Payment Increase is docketed in the district court case and the obligation is updated with the new judgment payment.
Step 6: Objection: Request for Hearing
Following the desk review and reaffirmation of the NOPI decision, the obligor can request a hearing to object to the payment increase.
- Obligor has twenty (20) days from the administrative review decision date to request a hearing to object to the NOPI.
- If the Obligor requests a hearing (by completing the Notice of Review Decision form or otherwise requesting a hearing in writing), the case is set for hearing at the earliest possible date before the district or administrative court.
- The district office sends a Notice of Hearing to the Obligor.
- District offices schedule an administrative hearing. Staff must request an OAH number and file the required documents with the OAH. The Notice/Order of Payment Increase, the Obligor’s Request for Administrative Review, the Notice of Administrative Review Decision, the Obligor’s Request for Hearing on the Notice of Payment Increase, and the Notice of Administrative Hearing are filed with OAH.
- If the Obligor fails to appear at the scheduled administrative hearing, the hearing is stricken and the Notice/Order of Payment Increase is docketed in the district court file and the obligation is updated with the new judgment payment.
- If the parties appear at the hearing, the administrative court (OAH) hears the case. An Administrative Enforcement Order is prepared and filed and docketed in the district court case and the obligation is updated with the new judgment payment.
NOPI Partial Centralization at Coordinated Programs
For CSS District Offices that choose to allow CCP to include their cases, CCP screens to find cases where there is an arrears balance, no arrears payment plan, and the NCP is regularly paying their monthly support by IWO. (CCP also screens to make sure there is no pending legal actions being taken by the District Office, including an Annual Notice.) CCP staff issue a unique NOPI document that has contact information directing NCPs to contact CCP, not the assigned CSS District Office. CARE is also notified that CCP issued the NOPI, so that NCP contact can be directed by CARE to CCP staff. In the rare event of a hearing request on a NOPI issued by CCP, then the hearing would be held on the OAH docket for State Office (STO) by CCP Attorneys and staff.
Not all NOPI activity is “centralized”. Since the cases in which CCP is issuing a NOPI centrally are a unique set of cases, there are many more cases in every District Offices that might benefit from a NOPI. Unless there is a case log indicating a NOPI has already been issued, District Office staff should not hesitate to issue a NOPI in appropriate cases.
The case selection process by CCP is designed to have the maximum impact on the federal Arrears and Current Support Performance Measures. If a District Office chooses to opt out of CCP issuing NOPIs, the District Office can still be provided that list of the cases by CCP so that the District Office staff could work on the cases.
If you have questions or need further information, send your inquiries to: *OCSS.FORUM.JudgmentPayment.
There also is a subfolder in the Outlook Public folders under the OCSS All/FORUM Folders, called Judgment Payment FORUM.
Legal Authority: 56 O.S. §240.23(A)(3):
- The Division has the authority to enter orders in the following actions over the signature of the Director and without the necessity of obtaining an additional signature of a district or administrative court judge:….
- To increase the monthly payment of child support, for purposes of securing overdue support, in an amount not to exceed five percent (5%) of the total child support order. This increase may not be made more than once every twelve (12) months. This remedy is in addition to and not in lieu of any other remedy provided by law or by court order;