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STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
HOUSE BILL 3129 By: Bennett
AS INTRODUCED
An Act relating to child support; defining term;
requiring biological father to pay a percentage of
certain expenses; providing exception; providing for
reduction of percentage under certain circumstances;
providing for retroactive application ; directing
court to order payment under certain circumstances;
providing for codification; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 112.1B of Title 43, unless there
is created a duplication in numbering, reads as follows:
A. In this section, "pregnancy expenses" means an amount equal
to:
1. The sum of a pregnant mother 's:
a. health insurance pre miums while pregnant that are not
paid by an employer or government program , and
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b. medical costs related to the pregnancy, incurr ed after
the date of conception and before the pre gnancy ends;
minus
2. Any portion of the amount de scribed in paragraph 1 of this
subsection that a court determin es is equitable based on the
totality of the circumstances , not including any amoun t paid by the
mother or biological father of the child.
B. 1. Except as otherwise provided in this section, the
biological father of a child has a duty to pay fifty percent (50%)
of the mother's pregnancy expenses.
2. If paternity is disputed, the biological father owe s no duty
under this section until the biological father's paternity is
established.
3. Any portion of a mother 's pregnancy expenses paid by the
mother or the biological father reduces that parent 's fifty-percent
share under subsection B of this section, not the total amount of
pregnancy expenses, and shall apply regardless of when the mother or
biological father pays the pregnancy expense s.
4. Pregnancy expenses may be retroactively collected and
awarded, including in the case where paternity is established
subsequent to the birth of the child.
C. If a person seeks pa yment under subsection B of this section
by providing documentation of payments, medical expenses, and
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insurance premiums, the district court s hall, after review, order
the payment of the expenses.
SECTION 2. This act shall become effective November 1, 2022.
58-2-8899 CMA 12/28/21