Okla. Stat. tit. 56, § 56-238.4
This is the official text of Okla. Stat. tit. 56, § 56-238.4, part of Oklahoma’s Stat. tit. 56, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 56,." Browse the sections below, each linked to its official government source.
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Hearing on debt - Appeal - Orders
Official statutory text
A. A hearing shall be held at the time and place given on the
notice of support debt served upon the obligor or the attorney for
the obligor, with a duly qualified administrative law judge
appointed for that purpose by the Department. The hearing shall be
held in the county of residence of the custodial parent or guardian
of the child or if the custodian resides out of state, the hearing
shall be held in the county of residence of the obligor. The
hearing shall be conducted according to rules promulgated by the
Department. The rules shall provide to both parties the right to
confront and cross-examine witnesses, to present witnesses, and to
be represented by an attorney or other person. After the evidence
has been presented at a hearing, the administrative law judge shall
enter an order which shall be in writing and contain findings of
fact and conclusions of law as to each contested issue. Each order
shall include provisions requiring the obligor to inform the
Division of the obligor's current address, the name and address of
the obligor's current employer, and the obligor's access to health
insurance and other insurance policy information. The order shall
be submitted to the district office and to the obligor or the
attorney for the obligor by hand delivery by the administrative law
judge or by certificate of mailing, within twenty (20) days after
the conclusion of the hearing.
B. If, during the hearing, the administrative law judge finds
that the issues presented will require further consideration or
evidence either administratively or through the district court
before adjudication, the administrative law judge may enter a
temporary order for child support, pending resolution of those
issues during a subsequent administrative or court hearing. The
temporary order shall be enforced until superseded by a final
administrative order or district court order and may be filed in the
office of the court clerk.
C. If an appeal is not perfected by the obligor or district
office, the order of the administrative law judge shall be final,
subject to collection action, and shall be filed in the office of
the court clerk in the county of residence of the custodian of the
Oklahoma Statutes - Title 56. Poor Persons Page 141
child or, if the custodian resides out of state, in the county of
residence of the obligor, or elsewhere as provided in this act. The
administrative order shall be enforced by the district court in the
same manner as an order of the district court.
D. If the obligor fails to appear for the hearing after proper
service, an administrative order will be entered. The order shall
include findings of facts and conclusions of law and shall be
subject to collection action, and shall be filed in the office of
the court clerk in the county of residence of the custodian of the
child or, if the custodian resides out of state, in the county of
the residence of the obligor, or elsewhere as provided in this act.
The administrative order shall be enforced by the district court in
the same manner as an order of the district court.
E. Any order for periodic support payments made pursuant to the
provisions of this title shall be payable to the Division for as
long as the Division is providing support enforcement. Thereafter,
if TANF is not being paid, the custodian or guardian notifies the
Division in writing that TANF services are no longer requested
and/or the obligor has not applied for services, current support
payments shall be redirected to the person or entity entitled to the
support.
notice of support debt served upon the obligor or the attorney for
the obligor, with a duly qualified administrative law judge
appointed for that purpose by the Department. The hearing shall be
held in the county of residence of the custodial parent or guardian
of the child or if the custodian resides out of state, the hearing
shall be held in the county of residence of the obligor. The
hearing shall be conducted according to rules promulgated by the
Department. The rules shall provide to both parties the right to
confront and cross-examine witnesses, to present witnesses, and to
be represented by an attorney or other person. After the evidence
has been presented at a hearing, the administrative law judge shall
enter an order which shall be in writing and contain findings of
fact and conclusions of law as to each contested issue. Each order
shall include provisions requiring the obligor to inform the
Division of the obligor's current address, the name and address of
the obligor's current employer, and the obligor's access to health
insurance and other insurance policy information. The order shall
be submitted to the district office and to the obligor or the
attorney for the obligor by hand delivery by the administrative law
judge or by certificate of mailing, within twenty (20) days after
the conclusion of the hearing.
B. If, during the hearing, the administrative law judge finds
that the issues presented will require further consideration or
evidence either administratively or through the district court
before adjudication, the administrative law judge may enter a
temporary order for child support, pending resolution of those
issues during a subsequent administrative or court hearing. The
temporary order shall be enforced until superseded by a final
administrative order or district court order and may be filed in the
office of the court clerk.
C. If an appeal is not perfected by the obligor or district
office, the order of the administrative law judge shall be final,
subject to collection action, and shall be filed in the office of
the court clerk in the county of residence of the custodian of the
Oklahoma Statutes - Title 56. Poor Persons Page 141
child or, if the custodian resides out of state, in the county of
residence of the obligor, or elsewhere as provided in this act. The
administrative order shall be enforced by the district court in the
same manner as an order of the district court.
D. If the obligor fails to appear for the hearing after proper
service, an administrative order will be entered. The order shall
include findings of facts and conclusions of law and shall be
subject to collection action, and shall be filed in the office of
the court clerk in the county of residence of the custodian of the
child or, if the custodian resides out of state, in the county of
the residence of the obligor, or elsewhere as provided in this act.
The administrative order shall be enforced by the district court in
the same manner as an order of the district court.
E. Any order for periodic support payments made pursuant to the
provisions of this title shall be payable to the Division for as
long as the Division is providing support enforcement. Thereafter,
if TANF is not being paid, the custodian or guardian notifies the
Division in writing that TANF services are no longer requested
and/or the obligor has not applied for services, current support
payments shall be redirected to the person or entity entitled to the
support.
Status: in_force · Read it on the official government site
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