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:
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.