Oklahoma 2023 Regular Session

Oklahoma House Bill HB1451 Compare Versions

Only one version of the bill is available at this time.

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28	28	STATE OF OKLAHOMA
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30	30	1st Session of the 59th Legislature (2023)
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32	32	HOUSE BILL 1451 By: Provenzano
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38	38	AS INTRODUCED
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40	40	An Act relating to marriage and family; amending 43
41	41	O.S. 2021, Section 114 , which relates to interest on
42	42	past-due child support payments; modifying interest
43	43	rate; providing that interest shall be included as
44	44	principal debt; providing that certain monies shall
45	45	not be considered past-due child support payments;
46	46	and providing an effective date .
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54	54	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
55	55	SECTION 1. AMENDATORY 43 O.S. 2021, Section 114, is
56	56	amended to read as follows:
57	57	Section 114. A. Court-ordered past-due child support payments,
58	58	court-ordered payments of suit monies and judgments for suppor t
59	59	pursuant to Section 83 of T itle 10 of the Oklah oma Statutes and
60	60	Sections 238.1 and 238.6B of Title 56 of the Oklahoma Statutes shall
61	61	draw interest at the rate of two percent (2%) ten percent (10%) per
62	62	year. Past-due child support payments accruing after the
63	63	establishment of the cur rent support order shall draw interest from
64	64	the date they become delinquent. Lump-sum judgments pursuant to
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91	91	Titles 10 and 56 of the Oklahoma Statutes for support owed prior to
92	92	the establishment of current support shall draw in terest from the
93	93	first day of the month after the lump -sum judgment is entered. The
94	94	interest shall be collected in the same manner as the payments upon
95	95	which the interest accrues.
96	96	B. Interest shall be included as principal debt when it
97	97	accrues.
98	98	C. Child support arrearage determined pursuant to subsection C
99	99	of Section 83 of Title 10 of the Oklahoma Statutes or the portion of
100	100	a modification retroactive to the filing of a motion to modify
101	101	pursuant to paragraph 3 of subsection A of Section 118I of Title 43
102	102	of the Oklahoma Statutes shall not be considered to be past -due
103	103	child support payments within the meaning of this section if there
104	104	is a court-ordered repayment schedule and if the schedule is
105	105	complied with. The district court may, in its discretion , impose
106	106	interest on arrearages pursuant to this section.
107	107	D. Interest on past -due child support payments pursuant to this
108	108	section that accrued prior to the effective d ate of this act shall
109	109	be converted to principal on the effective date of this act.
110	110	SECTION 2. This act shall become effective November 1, 2023.
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112	112	59-1-6105 CMA 01/12/23