Oklahoma § 56-240.23 - Orders over signature of Director

§ 56-240.23. Orders over signature of Director

A. The Division has the authority to enter orders in the

following actions over the signature of the Director and without the

necessity of obtaining an additional signature of a district or

administrative court judge:

1. To subpoena any financial or other information needed to

establish, modify, or enforce a support order and to impose

penalties for failure to respond to a subpoena; provided, that the

subpoena shall comply with the provisions of Section 2204 of Title 6

of the Oklahoma Statutes;

Oklahoma Statutes - Title 56. Poor Persons

2. In cases in which there is a support arrearage, to secure

assets by:

a.

intercepting or seizing periodic or lump-sum payments

from:

(1) a state or local agency, including unemployment

compensation, workers' compensation, and other

benefits, and

(2) judgments, settlements, and lotteries,

b.

attaching and seizing assets of the obligor held in

financial institutions,

c.

attaching public and private retirement funds, and

d.

imposing liens in accordance with Section 135 of Title

43 of the Oklahoma Statutes;

3. To increase the monthly payment of child support, for

purposes of securing overdue support, in an amount not to exceed

five percent (5%) of the total child support order. This increase

may not be made more than once every twelve (12) months. This

remedy is in addition to and not in lieu of any other remedy

provided by law or by court order;

4. If an income assignment is not ordered or in place by

operation of law for collection of support monies, the Division is

authorized to implement income withholding by sending a notice of

income assignment for support to any payor of income to the obligor;

and

5. To require both parents to appear for genetic testing in

cases where paternity has not been established or admitted. The

Division shall send notice to the putative father containing

information on how to appear and admit paternity or object to the

order for genetic testing. An objection to genetic testing shall

require the putative father to complete an affidavit contesting

paternity on a form prescribed by the Division. An order for

genetic testing under this subsection may be docketed and enforced

in the district court by indirect contempt.

B. With respect to paragraphs 2 and 3 of subsection A of this

section, at the time of the action, the Division shall send a notice

to the obligor explaining the obligor's rights to object to the

action and the procedure to have it modified or reversed.

Added by Laws 1997, c. 402, § 33, eff. July 1, 1997. Amended by

Laws 2000, c. 384, § 21, eff. Nov. 1, 2000; Laws 2002, c. 314, § 6,

eff. Nov. 1, 2002; Laws 2007, c. 140, § 6, eff. Nov. 1, 2007.