Oklahoma § 12-1171.3 - Income assignment proceedings

§ 12-1171.3. Income assignment proceedings

A. In all child support cases arising out of an action for

divorce, paternity or other proceedings, the court shall order the

payment of child support as provided under Section 115 of Title 43

of the Oklahoma Statutes.

B. 1. A notice of income assignment shall be sent by the

applicant to the payor on a standardized form prescribed by the

Secretary of the United States Department of Health and Human

Services and available through the Administrative Office of the

Courts. The notice shall be sent by certified mail, return receipt

Oklahoma Statutes - Title 12. Civil Procedure

requested or served according to law. The payor shall be required

to comply with the provisions of this subsection and the provisions

stated in the notice.

2. The income assignment shall take effect on the next payment

of earnings to the obligor after the payor receives notice. The

amount withheld shall be sent to the Centralized Support Registry as

provided for in Section 413 of Title 43 of the Oklahoma Statutes

within seven (7) days after the date upon which the obligor is paid.

The payor shall include with each payment a statement reporting the

date the obligor's support obligation was withheld.

3. Each pay period the payor shall withhold the amounts

specified in the notice from the obligor’s income and earnings. The

amount withheld by the payor shall not exceed the limits on the

percentage of an obligor's income which may be assigned for support

pursuant to Section 1171.2 of this title.

4. The income assignment is binding upon the payor until

released or until further order of the court.

5. All payments shall be made through the Centralized Support

Registry as provided in Section 413 of Title 43 of the Oklahoma

Statutes.

6. If the amount of support due under all income assignments

against the obligor exceeds the maximum amount authorized by Section

1171.2 of this title, the payor shall pay the amount due up to the

statutory limit, and the payor shall send written notice to the

person or agency designated to receive payments that the amount due

exceeds the amount subject to withholding. If the payor wrongfully

fails to pay or notify as required in this subsection, the payor may

be liable for an amount up to the accumulated amount due upon

receipt of the notice.

7. If the payor is the obligor's employer, the payor shall send

written notice to the person or agency designated to receive

payments within ten (10) days of the date the obligor terminates

employment, and shall provide the obligor's last-known address and

the name of the obligor's new employer, if known.

8. If the payor has no income due or to be due to the obligor

in the payor's possession or control or if the obligor has

terminated employment with the payor prior to the receipt of notice

of income assignment required pursuant to this subsection, the payor

shall send written notice to the person or agency designated to

receive payments within ten (10) days. Failure to notify the person

or agency entitled to support within the required time limit may

subject the payor to liability for an amount up to the accumulated

amount due upon receipt of the notice of income assignment.

9. The payor is liable for any amount up to the accumulated

amount that should have been withheld and paid, and may be fined up

to Two Hundred Dollars ($200.00) for each failure to make the

required deductions if the payor:

Oklahoma Statutes - Title 12. Civil Procedure

a.

fails to withhold or pay the support in accordance

with the provisions of the income assignment notice,

or

b.

fails to notify the person or agency designated to

receive payments as required.

10. The payor may combine withheld amounts from earnings of two

or more obligors subject to the same support order in a single

payment and separately identify that portion of the single payment

which is attributable to each individual obligor.

11. An income assignment for child support shall have priority

over any prior or subsequent garnishments of the same wages.

12. The payor may deduct from any earnings of the obligor a sum

not exceeding Five Dollars ($5.00) per pay period but not to exceed

Ten Dollars ($10.00) per month as reimbursement for costs incurred

by the payor for the income assignment.

13. The income assignment shall remain in effect regardless of

a change of payor.

14. The income assignment shall remain in effect as long as

current support is due or until all arrearages for support are paid,

whichever is later. Payment of arrearages shall not prevent the

income assignment from taking effect.

15. The payor may not discipline, suspend, discharge, or refuse

to promote an obligor because of an income assignment executed

pursuant to this section. Any payor who violates this section shall

be liable to the obligor for all income, wages, and employment

benefits lost by the obligor from the period of unlawful discipline,

suspension, discharge, or refusal to promote until the time of

reinstatement or promotion.

C. Income assignment shall be available to collect any amounts

due for child support, child care and medical expenses, as well as

current support alimony payments; provided, child support shall be

paid prior to any alimony payments.

D. Any existing support order or income assignment which is

brought before the court shall be modified by the court to conform

to the provisions of this section.

E. Any person obligated to pay support, who has left or is

beyond the jurisdiction of the court, may be prosecuted under any

other proceedings available pursuant to the laws of this state for

the enforcement of the duty of support and maintenance.

F. The income assignment proceedings specified in this section

shall be available to other states for the enforcement of support

and maintenance or to enforce out-of-state orders. Venue for these

proceedings is, at the option of the obligee:

1. In the county in this state in which the support order was

entered;

2. In the county in this state in which the obligee resides; or

Oklahoma Statutes - Title 12. Civil Procedure

3. In the county in this state in which the obligor resides or

receives income.

G. 1. In all child support cases in which child support

services are being provided under the state child support plan as

provided under Section 237 of Title 56 of the Oklahoma Statutes, all

orders for support are subject to immediate income assignment

without need for a hearing by the district or administrative court.

2. In all child support cases arising out of an action for

divorce, paternity, or other proceeding in which services are not

being provided under the state child support plan as provided under

Section 237 of Title 56 of the Oklahoma Statutes, the court shall

order the income of any parent ordered to pay child support to be

subject to immediate income assignment regardless of whether child

support payments are in arrears at the time of the order, unless:

a.

one of the parties demonstrates and the court finds

that there is good cause not to require immediate

income withholding. Any finding that there is good

cause not to require immediate income assignment must

be based upon at least:

(1) a written determination and explanation by the

court or administrative authority of why

implementing immediate income assignment would

not be in the best interests of the child, and

(2) proof of timely payment of previously ordered

support in cases involving modification of

support orders, or

b.

a written agreement is reached between the parties

which provides for an alternative arrangement. For

purposes of this subparagraph, “written agreement”

means a written alternative arrangement signed by both

the custodial and noncustodial parents which has been

reviewed by the court and entered into the record by

the court or administrative authority.

Added by Laws 1985, c. 297, § 12, operative Oct. 1, 1985. Amended

by Laws 1986, c. 176, § 2, emerg. eff. May 15, 1986; Laws 1989, c.

362, § 1, eff. Nov. 1, 1989; Laws 1990, c. 309, § 7, eff. Sept. 1,

1990; Laws 1991, c. 278, § 1, emerg. eff. May 28, 1991; Laws 1994,

c. 356, § 23, eff. Sept. 1, 1994; Laws 1997, c. 402, § 7, eff. July

1, 1997; Laws 1998, c. 323, § 5, eff. Oct. 1, 1998; Laws 2000, c.

384, § 3, eff. Nov. 1, 2000; Laws 2004, c. 393, § 1, emerg. eff.

June 3, 2004.

NOTE: Laws 1997, c. 272, § 3 repealed by Laws 1998, c. 5, § 29,

emerg. eff. March 4, 1998.