Okla. Stat. tit. 56, § 56-240.2

A. After receiving a referral or application for services, the

Division may initiate enforcement proceedings.

1. The Division may notify the obligor of the intention to

initiate enforcement proceedings by a notice. If an income

assignment is not in place for collection of support monies, the

Division shall immediately execute or issue a withholding order to

any payor of income to the obligor. The notice of enforcement

proceedings pursuant to this subsection shall be served upon the

obligor in the same manner prescribed for the service of summons in

a civil action. However, if a notice has been issued pursuant to

Section 237A of this title, the notice of enforcement proceedings

pursuant to this subsection may be served by regular mail with a

certificate of mailing. The notice shall inform the obligor of the

following:

a. the amount of support monies owed, if any,

b. an assignment for collection of support monies due and

owing has commenced if a potential payor of income was

known,

c. other enforcement actions that the Division may take

to collect support monies owed,

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d. the obligor may contest the allegations in the notice

only with regard to mistakes of identity or the

existence or the amount of support monies owed,

e. the assignment shall remain as long as the order upon

which it is based is in effect. Payment of any

support monies will not prevent an income assignment

from taking effect, and

f. the obligor shall be required to keep the Division

informed of the name and address of the current

employer of the obligor and access to health insurance

and other insurance policy information of the obligor.

2. a. An obligor may request a hearing pursuant to this

section by delivering written notice to the District

Office on a form provided which states the date and

location of the hearing if requested on or before the

fifteenth day from the date of service of the notice.

On receipt of the hearing request, the Division shall

promptly enter the appearance of the obligor on the

administrative court hearing docket. The

administrative court shall hear and determine the

matter and, unless the obligor successfully shows

there is a mistake of identity or a mistake in the

existence of current or delinquent child support, the

administrative court shall enter a judgment, determine

the amount of judgment payments, if any, and order the

assignment of nonexempt earnings of the obligor pay

the judgment and future monthly support payments.

b. The administrative court may order an obligor to pay

all costs involved in enforcement proceedings under

this subsection and shall order interest as provided

in Section 114 of Title 43 of the Oklahoma Statutes to

be collected in the same manner as the payments upon

which the interest accrued.

c. The order shall be a final judgment for purposes of

appeal.

d. The Division shall send a notice of the income

assignment to the payor to effectuate the assignment

pursuant to subsection D of this section.

B. If within fifteen (15) days of date of service of the

notice, the obligor fails to request a hearing, pursuant to

subsection A of this section, or after having requested a hearing

fails to appear at the hearing, the administrative court shall enter

an order granting judgment for arrearage, if any, establishing a

judgment payment plan and approving the income assignment. The

administrative order shall thereafter be subject to collection

action and shall be filed, at the option of the Division, in the

office of the court clerk in the county of residence of the

Oklahoma Statutes - Title 56. Poor Persons Page 149

custodian of the child, in the county of residence of the obligor,

in the county of the underlying support order, or any other county

in which the obligor has real or personal property. The

administrative order shall be enforced by the district court in the
of the Division, in the

office of the court clerk in the county of residence of the

Oklahoma Statutes - Title 56. Poor Persons Page 149

custodian of the child, in the county of residence of the obligor,

in the county of the underlying support order, or any other county

in which the obligor has real or personal property. The

administrative order shall be enforced by the district court in the

same manner as an order of the district court. A copy of the order

shall be served upon the obligor by the District Office in

accordance with subsection B of Section 2005 of Title 12 of the

Oklahoma Statutes.

C. The Division shall send a notice of the income assignment to

the payor pursuant to subsection D of this section to effectuate the

assignment.

D. 1. The notice of the income assignment required pursuant to

subsections A and B of this section shall be sent by the Division to

the payor on a form prescribed by the Secretary of the United States

Department of Health and Human Services. The notice shall be sent

by certified mail, return receipt requested, or served in accordance

with law. The payor shall be required to comply with the provisions

of this subsection and the provisions stated in the notice.

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

income to the obligor after the payor receives notice thereof and

the amount withheld shall be sent to the Division within seven (7)

days of the date upon which the obligor is paid. The payor shall

attach to each payment a statement reporting the date on which the

support obligation of the obligor was withheld.

3. The payor shall withhold each pay period the amounts

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

amount withheld by the payor from the obligor's earnings shall not

exceed the limits on the percentage of an obligor's earnings which

may be assigned for support pursuant to Section 1171.2 of Title 12

of the Oklahoma Statutes.

4. The income assignment is binding upon the payor until

released or until further order of the Division or the district or

administrative court.

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

amount that should have been withheld if the payor fails to withhold

in accordance with the provisions of the assignment notice.

6. Two or more income assignments may be levied concurrently.

Any current support due shall be paid before the payment of any

arrearages or support debt judgment.

7. If the amount of support due under the assignments exceeds

the maximum amount authorized to be withheld from earnings by

Section 1171.2 of Title 12 of the Oklahoma Statutes, the payor shall

pay the amount due up to the statutory limit and shall send written

notice to the Division or the person or agency designated to receive

payments that the amount due exceeds the amount subject to

withholding. If the payor fails to pay or notify as required

Oklahoma Statutes - Title 56. Poor Persons Page 150

herein, the payor may be liable for an amount up to the accumulated

amount that is due and owing upon receipt of the notice.

8. The payor shall notify the Division within ten (10) days of

the date when the obligor is no longer employed by, being paid by,

or providing services to the payor, and shall provide the Division

with the obligor's last-known address and the name of the obligor's

new employer or payor of income, if known.

9. If the payor has no current or future income due to the

obligor in his or her possession or control, or if the obligor is no

longer employed by, being paid by, or providing services to the

payor prior to the receipt of the notice required pursuant to

subsection C of this section, the payor shall send written notice to

the Division within ten (10) days of receipt of said notice.

Failure to notify the Division within the required time limit may

subject the payor to liability for an amount up to the accumulated
is no

longer employed by, being paid by, or providing services to the

payor prior to the receipt of the notice required pursuant to

subsection C of this section, the payor shall send written notice to

the Division within ten (10) days of receipt of said notice.

Failure to notify the Division within the required time limit may

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

amount that is due and owing upon receipt of the notice.

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

amount that should have been withheld and paid, and may also be

fined not more than Two Hundred Dollars ($200.00) for each failure

to make the required deductions if the payor:

a. fails to withhold or pay the support in accordance

with the provisions of the assignment notice, or

b. fails to notify the person or agency entitled to

support and the Division as required.

11. The Division or the obligor may bring an action against the

payor to enforce the provisions of the notice and this subsection in

the underlying district court case or by separate proceeding in

district court.

12. The payor may combine withheld amounts from income of two

or more obligors in a single payment and separately identify that

portion of the single payment which is attributable to each

individual obligor.

13. An income assignment issued pursuant to the provisions of

this section shall have priority over any prior or subsequent

garnishments of the same income.

14. The payor may deduct from any income 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 in complying with the income assignment.

15. The income assignment shall remain effective regardless of

any change of a payor.

16. The income assignment issued pursuant to this section shall

remain in effect as long as any support monies are owed. Payment of

any support monies shall not prevent the income assignment from

taking effect.

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17. The payor shall verify the obligor's address, employment,

earnings, income, benefits, and dependent health insurance

information upon the request of the Division.

18. 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 such obligor for all income, wages, and employment

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

suspension, discharge, or refusal to promote to the reinstatement or

promotion.

E. Nothing in this section shall limit the authority of the

Department to use its administrative powers conferred by law or

rules to collect delinquent support without the necessity of a court

order.

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

beyond the jurisdiction of the court, may be subjected to or

prosecuted under any other proceedings available pursuant to the

laws of this state for the enforcement of the duty of support and

maintenance.

G. The income assignment proceedings specified in this section

shall be available to other states for the enforcement of child

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

for such 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

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

receives income.

H. Any payment made pursuant to the provisions of this section

by the payor shall be made payable to the Department or its

designee, and shall be in such form of payment as provided by the

order or the notice.

I. The obligated party may execute a voluntary income

assignment and acknowledgment at any time and submit it to the

District Office.
in which the obligor resides or

receives income.

H. Any payment made pursuant to the provisions of this section

by the payor shall be made payable to the Department or its

designee, and shall be in such form of payment as provided by the

order or the notice.

I. The obligated party may execute a voluntary income

assignment and acknowledgment at any time and submit it to the

District Office.

J. The Division shall distribute the monies due a person

entitled to support who is not receiving Temporary Assistance for

Needy Families within the time limit required by federal regulation.