Oklahoma § 12-1171.2 - Child support payment - Income assignment or

§ 12-1171.2. Child support payment - Income assignment or

garnishment proceedings.

A. Any person awarded custody of and support for a minor child

by the district court or awarded periodic child support payments by

the Department of Human Services, or the Department of Human

Services on behalf of a recipient of Temporary Assistance for Needy

Families or on behalf of a person not receiving Temporary Assistance

for Needy Families shall be entitled to proceed to collect any

current child support and child support due and owing through income

assignment pursuant to the provisions of this section and Section

1171.3 of this title or Sections 240 through 240.3 of Title 56 of

the Oklahoma Statutes or by garnishment, if the minor child is in

the custody and care of the person entitled to receive the child

support or as is otherwise provided by the court or administrative

order at the time of the income assignment or garnishment

proceedings.

B. The maximum part of the aggregate disposable earnings of any

person for any workweek which is subject to garnishment or income

assignment for the support of a minor child shall not exceed:

Oklahoma Statutes - Title 12. Civil Procedure

1. Fifty percent (50%) of such person's disposable earnings for

that week, if such person is supporting his spouse or a dependent

child other than the child with respect to whose support such order

is used; and

2. Sixty percent (60%) of such person's disposable earnings for

that week if such person is not supporting a spouse or dependent

child.

The fifty percent (50%) specified in paragraph 1 of this subsection

shall be deemed to be fifty-five percent (55%) and the sixty percent

(60%) specified in paragraph 2 of this subsection shall be deemed to

be sixty-five percent (65%), if and to the extent that such earnings

are subject to garnishment or income assignment to enforce a support

order with respect to a period which is prior to the twelve-week

period which ends with the beginning of such workweek.

C. When responding to a notice of income assignment pursuant to

Section 1171.3 of this title and a National Medical Support Notice

issued pursuant to Section 118.1 of Title 43 and Section 6058A of

Title 36 of the Oklahoma Statutes, the payor shall allocate

available income in the following priority:

1. Current child and spousal support;

2. Health insurance premiums;

3. Arrearages; and

4. Other child support obligations.

If after payment of current child and spousal support there is

insufficient income to pay the premiums necessary to provide

dependent health insurance, the payor shall allocate the remaining

withholding to arrearages and then to other child support

obligations. An obligor may voluntarily elect to have the payor

withhold amounts in excess of the limits in subsection B of this

section to pay the obligor’s portion of the health insurance premium

for a dependent child.

Added by Laws 1978, c. 190, § 2, eff. Oct. 1, 1978. Amended by Laws

1985, c. 297, § 11, operative Oct. 1, 1985; Laws 1997, c. 402, § 6,

eff. July 1, 1997; Laws 2007, c. 41, § 2, eff. Nov. 1, 2007.

NOTE: Laws 1997, c. 272, § 2 repealed by Laws 1998, c. 5, § 29,

emerg. eff. March 4, 1998.