DHS Pub. No. 15-38 Revised 5/2016This publication is authorized by Oklahoma Department of Human Services Director Ed Lake and printed by DHS in accordance with state and federal regulations at a cost of $645.63 for 1,033 copies. Copies have been deposited with the Publications Clearinghouse of the Oklahoma Department of Libraries. DHS offices may request copies on ADM-9 (23AM009E) electronic supply orders. Members of the public may obtain copies by calling 1-877-283-4113 (toll free), by faxing an order to (405) 962-1741, or by downloading a copy at www.okdhs.org/library.

Incarcerated Parents and

Child Support Services

Notes:

___________________________________________________________________________ ___________________________________________________________________________

___________________________________________________________________________

________________________________ ____________________________

___________________________________________________________________________

INCARCERATED PARENT CHILD SUPPORT INFORMATION REQUEST

Tear off, fold on dotted line and mail form

only.

Incarcerated Parent Information Name: ___________________________________________________ Address: _________________________________________________Phone: _________________________ Case #: __________________ (if you know) Social Security Number: _____________________ DOC: ________________________ Custodial Parent Information Name: _________________________________ Social Security Number: ___________________Date of Birth: ____________________________

Child Information Name: _____________________________ Social Security Number: _______________ Date of Birth: ________________________

Child Information Name: _______________________________ Social Security Number: _________________Date of Birth: __________________________

Will you be employed upon release? If so, where? (employer’s name, address, phone number)

Please send me information about:

_____ Opening a child support case _____ Establishing paternity (legal fatherhood) formy child

_____ Status of my child support case _____ Getting a copy of my child support order

_____ Past-due child support amount _____ Child support payment options

_____ Other: ________________________________________________________________

I would like my order reviewed for modification. Since my order was entered there has been a substantial or material change in circumstances as I am incarcerated.

Respectfully submitted,

Signature Printed Name

Address

Mail to: Child Support Services P.O. BOX 25352 Oklahoma City, OK 73125-9975

Attn: Customer Services

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DHS CHILD SUPPORT SERVICES 

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OKLAHOMA CITY OK  73125­9975

Attn: Customer Service

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Incarcerated Parents & Child Support Services

Child Support Services establishes paternity (legal fatherhood), creates court orders for the financial and medical support of children, and enforces child support orders.

Child Support Services acts as an economic advocate for the children of Oklahoma, ensuring parents support their children financially.

u I don’t have a child support case…

Since I don’t have a child support case, I don’t have anything to worry about, right?

A child support case can be opened while you are incarcerated. If you are served with legal papers from Child Support Services (CSS), it is important you send a letter as soon as possible to both:

• The court that sent the papers• The child support office named in the papers

Sending the letter is especially important if you believe you are not the father. If you do not contact them, the court may name you as the father. They will make decisions about the child support case without hearing your side, including setting the amount of child supportyou have to pay.

DO NOT IGNORE the paperwork, because it allows the court to:• Make you the legal father• Order you to pay child support

In your letter to the court, include all information you want the court to think about whenlooking at your case. If you are not sure that you are the father, you can request DNA testing. Your request will be granted unless you are already the legal father. You may hire an attorney. Child Support Services cannot give you legal advice or help you write responses to legal documents.

We’re together, so I shouldn’t have a child support case, right?

You may still be together in a relationship, but the other parent and your children are not living with you while you are incarcerated. Whenever a custodial person gets help from the state (such as TANF, medical, day care, etc.), the state opens a child support case. Custodial persons don’t have a choice about opening a child support case when they get help from the state. This means you might have a child support case even if you or the custodialperson did not want to have one opened.

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I didn’t go to court or sign any child support papers. What happens?

You do not have to sign or accept anything yourself to be served with court papers. If you live or get mail at an address and someone there accepts the papers or signs for certified mail with a Notice of Hearing letter, it means you have been legally served. Then, the court can make decisions about the child support case without you.

Don’t miss your opportunity to be heard. If you don’t respond to paperwork, the court may enter an order naming you as the father and order you to pay child support.

How is paternity established?

Paternity (legal fatherhood) can be established one of two ways:• By signing an Acknowledgement of Paternity (AOP) form• With a court order

Also, you are considered the legal father if the child was born while you were married to the mother, or within 300 days after the divorce. If you or the other parents have any doubts about whether the child is yours, do not sign an AOP. Once this document is signed and filed with the Oklahoma Department of Health, Division of Vital Records, the state no longer gives you a chance to have a genetic test to show that you are not the father.

u I’m incarcerated and I have a support case…

How does the court decide how much child support I should pay?

Oklahoma law sets the guidelines for child support payments based on the following:• The income of both parents • The amount of time the child spends living with each parent • Medical and health insurance costs for the child • Work and education-related child care costs for the child

I have no income while I’m incarcerated. What income will the court use?

The court may look at your past income, current income, or may use another amount you could be expected to earn. Child Support Services asks the court to use your current income of $0 if you have no income while incarcerated. It is up to you to provide income information so the court can make its decision.

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When will I have to begin making payments on orders set by the court?

Generally, child support payments start on the first day of the month following the date of your order. You need to read your order to find out when you are scheduled to begin paying child support. If you cannot begin by the date of your order, contact the child support office handling your case as soon as possible. Child Support Services can ask the court to movethe start date for orders with amounts other than $0 to start after you are releasedfrom incarceration.

Does child support stop or go down while I’m incarcerated?

Your child support arrearage doesn’t go away while you are incarcerated. The past-due amount (arrearage) you owe adds up, and you will be charged interest on any balances. A judge could order that the amount of monthly child support you owe for current support go down to $0 if you have no income while incarcerated. For that to happen, you must contact Child Support Services as soon as you know you are going to be incarcerated and ask for a modification of your child support order.

How can I request a modification while I’m incarcerated?

You should mail a letter to the child support office handling your case asking for a modification of your child support or complete the attached Incarcerated Parent Child Support Information Request.

Call CARE (OKC 405-522-2273, Tulsa 918-295-3500, toll-free 800-522-2922) for your child support office and address.

I am married to someone else now, and my spouse makes a very good living. Will the child support office take my child support out of my spouse’s earnings? Will my spouse’s income be counted when my child support amount is calculated?

No. Your current spouse does not have to pay your child support. In Oklahoma, a spouse’s income is not used when deciding the amount of child support to be ordered.

u General Questions

What does the Child Support Office do?

Child Support Services (CSS) is an agency that enforces child support orders from the court to make sure children receive support. When you’re employed, CSS works with your employer to take the payment directly out of your paychecks through Income Assignments. If you are incarcerated but have other outside sources of income, you will still need to pay child support. CSS enforces child support orders in accordance with Oklahoma law, such as placing liens on your property.

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What if there is a hearing before I’m released?

Each court operates differently. The court may allow you to appear at the hearing over the telephone. You must make a timely written request to the child support office handling the case. If appearing at the hearing by telephone is not possible, then you must either request to be present or send a response letter to the court and the child support office to explain why you cannot appear and what you would say if you could be there, such as, “I admit I am the father” or “I want a genetic test.”

What should I do when I am released?

It is very important to contact Child Support Services after you are released.• Call CARE (OKC 405-522-2273, Tulsa 918-295-3500, toll-free 800-522-2922) to give

CSS your new address, phone number and employer information and to find yourchid support office.

• Contact your CSS office within 14 days after you are released. • Work with your caseworker to set up a payment plan on any back support

you owe. • Ask your CSS office if they can help you find employment. CSS offices offer

community resources and references to the work force, and some offices have the Court Liaison Program. The Court Liaison Program assists noncustodial parents bymaking a plan and addressing barriers to employment for paying child support. TheCourt Liaison Program connects you to resources to help you remove your barriers

and find a job.

Where can I get help with my child support or information about my child support case?

CARE customer service can tell you how much you owe and how you can make payments.CARE will also tell you which child support office is handling your case. They can help if youneed an appointment in order to meet with your caseworker. In OKC, call CARE at405-522-2273. In Tulsa, call 918-295-3500. For other parts of Oklahoma, call toll-free800-522-2922.

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Frequently Asked Questions:

1. Where can I get legal advice or direction about my child support case?

Attorneys who work for Child Support Services represent the state, so they cannot give you legal advice. You should check the Yellow Pages or the Oklahoma Bar Association website for names of attorneys and for lawyer-referral services. You may also find more information on the CSS website under Parent Resources/Help With Other Legal Issues: http://www.okdhs.org/programsandservices/ocss/parent/docs/help_4d.htm.

2. Will establishing paternity guarantee me visitation rights?

Child support and visitation are two separate issues. Just because you have one does not mean you have the other. Child Support Services cannot handle issues of visitation. You may create a parenting plan with the other parent if both agree. Orders for visitation can only be made in the civil court system. If you would like to set a visitation order, you may file a written request with the court or you may hire an attorney to help you.

You can find more information about custody and visitation on the CSS website under Parent Resources/Custody and Visitation Help: http://www.okdhs.org/programsandservices/ocss/parent/docs/help_4b.htm

3. How do I know if I have a child support case?

You have a case with CSS if it states “Child Support Services,” “CSS” or of “Office of Administrative Hearings: Child Support” (“OAH”) at the top of any papers you havereceived. There will be case numbers, such as an FGN (Family Group Number) and OAH Number. You will also have a child support case if you know the mother of the child applied for child support services or if there were ever any government benefits paid out for the child (TANF, Medicaid, child care, foster care).

4. What if I’m the mother of a child but do not have custody of my child?

The person with physical custody of your child can file for child support against any parent of that child, including the mother.

5. What should I do if the mother gets pregnant and has a baby while I am in prison and I know I am not the father?

If you are married to the mother, you will need to send a letter to the child support office handling the case. You should explain that you and the mother did not have access to each other, so you could not be the father. Under Oklahoma law, if you are married to the mother you are automatically assumed to be the father. In this case, you would need to sign a Denial of Paternity form. In order for the Denial of Paternity form to be valid, the mother and biological father of the child must complete and sign an Acknowledgment of Paternityform. Both the Denial of Paternity and the Acknowledgment of Paternity forms must be filedtogether with the Oklahoma State Department of Health, Division of Vital Records. Also, a legal action can be filed to tell the court that you are not the father.

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6. What if I signed an Acknowledgment of Paternity and now I think I’m not the father?

You have the right to withdraw your Acknowledgment of Paternity within 60 days after the effective date of the acknowledgment. If you were under the age of 18 when you signed the Acknowledgment of Paternity form, you have 60 days to withdraw after turning age 18. You must file a Rescission of Acknowledgment of Paternity with the Oklahoma Department ofHealth, Division of Vital Records. If it has been longer than 60 days since the effective date of the acknowledgment, in some situations you can file a legal action within two years of theeffective date to challenge the Acknowledgment of Paternity.

7. How does CSS collect child support while I’m incarcerated?

Child Support Services does not file legal actions in court to collect child support whenyou are incarcerated unless you have another source of income you’re not using. Federal law requires CSS to continue with automatic actions that collect child support. These actions include income tax refund offset and Income Assignment to withhold child support payments from any wages that you earn. Under federal law, CSS can only close your child support case if you are incarcerated with no chance of parole until after the child turns 18. Work with us, and we will work with you to get your child support orders right foryour situation.

8. Can somone talk to CSS on my behalf?

If you want to designate an authorized representative, who is not your attorney of record, to have access to your child support case information, you must use the Special Power ofAttorney form 03EN010E.

The form informs CSS: • To whom you authorize us to release your confidential information • The extent of access to records your authorized representative may be given • The actions your authorized representative may take on your behalf

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Child Support Definitions

Acknowledgment of Paternity (AOP) – A document signed by both the mother and fatherof a child born out of wedlock in the state of Oklahoma that establishes paternity (legalfather). The AOP is filed with the Oklahoma Department of Health, Division of Vital Records.

Arrearage – Past-due, unpaid child support owed by the noncustodial parent.

Child support modification – A court-ordered change to a monthly child support amount.

Court order – Instructions from the court issued by a judge or administrative officer. A court order that includes child support says how often, how much and how long a noncustodial parent is to pay child support, and that an employer must hold the support out of wages.

Custodial person (CP) – The person the child lives with. The CP has primary care, custody and control of the child. The CP is also called the obligee.

Default judgment – A court ruling made when a person does not respond to a legal action or does not appear in court.

Family Group Number (FGN) – A number assigned to a child support case. The first sixnumbers in an FGN identify the noncustodial parent and the last three numbers identify the other biological parent. One FGN may have more than one custodial person. An NCP may have more than one FGN.

Guidelines – This is the way the court sets the amount you have to pay. It is based on the income of both parents and other factors. CSS is legally required to use the guidelines to request the monthly amount you must pay, unless it is shown that the court should use a different amount other than the guidelines amount.

Income Assignment (IA) – A legal notice that allows an amount to be withheld from wages to be paid toward child support. An example of an IA is wage or income withholding, where employers are ordered to hold money out of an NCP’s paycheck and send the money to Child Support Services to be paid toward the NCP’s child support.

Male parent – The biological parent is the natural parent of a child. The legal father is a man who is recognized by law as the male parent of a child. The legal father may be different than the biological father.

Medical support – Health or dental insurance (or health benefits) or cash medical ordered to be paid by a parent(s) for a minor child.

Noncustodial parent (NCP) – The parent who is court-ordered to pay chid support. The NCP is sometimes called the obligor.

Paternity – Legal determination that a man is the father of a child.

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Contact Information

U.S. Mail: Child Support ServicesP.O. Box 248822 Oklahoma City, OK 73124

Online: http://www.okdhs.org/programsandservices/ocss/

Email: OCSS.Contact.CustomerOutreach@OKDHS.org

Telephone:OKC area 405-522-2273 Tulsa area 918-295-3500 Toll-free 800-522-2922

INCARCERATED PARENT CHILD SUPPORT INFORMATION REQUEST

Incarcerated Parent InformationName: ___________________________________________________ Address: _________________________________________________Phone: _________________________ Case #: __________________ (if you know) Social Security Number: ______________________ DOC: ________________________ Custodial Parent InformationName: _________________________________Social Security Number: ___________________Date of Birth: ____________________________

Child InformationName: _____________________________Social Security Number: _______________Date of Birth: ________________________

Will you be employed upon release? If so, where? (employer’s name, address, phone number)______________________________________________________________________________________________________________________________________________________

Please send me information about:

_____ Opening a child support case _____ Establishing paternity (legal fatherhood) for my child

_____ Status of my child support case _____ Getting a copy of my child support order

_____ Past-due child support amount _____ Child support payment options

_____ Other: ___________________________________________________________________________________________________________________________________________

I would like my order reviewed for modification. Since my order was entered there has been a substantial or material change in circumstances as I am incarcerated.

Respectfully submitted,

________________________________ ____________________________Signature Printed Name

___________________________________________________________________________Address

Mail to: Child Support Services P.O. BOX 25352 Oklahoma City, OK 73125-9975

Attn: Customer Services

Child InformationName: _______________________________Social Security Number: _________________Date of Birth: __________________________Tear off, fold on dotted line and m

ail form only.

Notes:

Incarcerated Parentsand

Child Support Services

DHS Pub. No. 15-38 Revised 5/2016 This publication is authorized by Oklahoma Department of Human Services Director Ed Lake and printed by DHS in accordance with state and federal regulations at a cost of $645.63 for 1,033 copies. Copies have been deposited with the Publications Clearinghouse of the Oklahoma Department of Libraries. DHS offices may request copies on ADM-9 (23AM009E) electronic supply orders. Members of the public may obtain copies by calling 1-877-283-4113 (toll free), by faxing an order to (405) 962-1741, or by downloading a copy at www.okdhs.org/library.