Okla. Admin. Code § 340:25-5-265

Current through Vol. 42, No. 4, November 1, 2024

Section 340:25-5-265 - Release and access of arrearage information to consumer reporting agencies - credit bureaus

(a) Oklahoma Human Services, Child Support Services (CSS) periodically releases child support arrearage information to certain consumer reporting agencies - credit bureaus. Release of this information is governed by:

(1) Section 240.7 of Title 56 of the Oklahoma Statutes (56 O.S. § 240.7); and

(2) Sections 1681b and 1681f of Title 15 and Section 666 of Title 42 of the United States Code (15 U.S.C. §§ 1681b & 1681f; 42 U.S.C. § 666) .

(b) CSS reports to consumer reporting agencies the names and amounts of child support arrearages of noncustodial parents (NCP). CSS applies a :

(1) 15-calendar day grace period to account for payment receipt date discrepancies due to early or late employer reporting if an NCP is making child support payments through income assignment; and

(2) two-month grace period to account for the delays in the start of the income assignment process for an NCP who is a servicemember called to active duty under the provisions of the Servicemembers Civil Relief Act, codified in 50 U.S.C. § 3901 through 4043.

(c) If the annual notice process under 56 O.S. § 237A has been completed, CSS releases arrearage information to credit bureaus without additional notice.

(d) When the initial annual notice process under 56 O.S. § 237A and Oklahoma Administrative Code (OAC) 340:25-5-213 has not been completed, CSS issues a written notice by regular mail to the person obligated to pay the support. The notice includes:

(1) a statement of the information to be released to credit bureaus; and

(2) instructions for disputing the accuracy of the information to be released under OAC 340:25-5-200.1.

(e) CSS periodically accesses credit information available through consumer reporting agencies - credit bureaus. Access of this information is governed by 15 U.S.C §§ 1681b and 1681f.

(1) Each time CSS requests a full credit bureau report on an NCP for use in establishment or modification of a support order, CSS sends the NCP advance notice to confirm that the report requested belongs to the correct person. The NCP is not required to authorize release of the report.

(2) CSS does not send an NCP advance notice when CSS requests a credit bureau report for locate or enforcement purposes.

Okla. Admin. Code § 340:25-5-265

Added at 9 Ok Reg 3275, eff 6-26-92 (emergency); Added at 10 Ok Reg 1813, eff 5-13-93; Amended at 17 Ok Reg 2426, eff 7-1-00; Amended at 18 Ok Reg 1226, eff 7-1-01; Amended at 23 Ok Reg 1842, eff 7-1-06

Amended by Oklahoma Register, Volume 36, Issue 24, September 3, 2019, eff. 9/16/2019

Amended by Oklahoma Register, Volume 40, Issue 22, August 1, 2023, eff. 9/15/2023