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