Okla. Stat. tit. 12, § 12-1171.2
This is the official text of Okla. Stat. tit. 12, § 12-1171.2, part of Oklahoma’s Stat. tit. 12, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 12,." Browse the sections below, each linked to its official government source.
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Child support payment - Income assignment or
Official statutory text
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 Page 236
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.
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 Page 236
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.
Status: in_force · Read it on the official government site
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