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ENGROSSED SENATE
BILL NO. 85 By: Daniels of the Senate
and
Kannady of the House
An Act relating to child support; amending 12 O.S.
2021, Section 1171.2, which relat es to income
assignment for child support; updating statutory
references; amending 56 O.S. 2021, Sections 237.7 and
238.5A, which relate to definitions and use of child
support guidelines; updating statutory language;
modifying definition; requiring Department of Human
Services to ensure review of certain orders;
authorizing issuance of notice to modify c hild
support order under certain circumstances; requiring
Department to provide certain notice; providing for
service of certain notice; requiring Department to
set hearing upon request; requiring notice of certain
hearing; requiring submission of certain orders to
the administrative court; requiring review of certain
order; requiring filing of certain administrative
order in district court; authorizing appeal of
certain administrative orders; requiring Department
to promulgate certain rules; updating statutory
references; repealing 43 O.S. 2021, Section 118.1,
which relates to Department review of child support
orders; making language gender neutral; and providing
an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 12 O.S. 2021, Section 1171.2, is
amended to read as follows:
Section 1171.2. A. Any person awarded custody of and support
for a minor child by the district court or awarded perio dic child
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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 receiv ing
Temporary Assistance for Needy Families shall be entitled to proceed
to collect any current child support and child sup port due and owing
through income assignment pursuant to the provisions of this section
and Section 1171.3 of this title or Section 237.7 and Sections 240
240.1 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 t he
income assignment or garnishm ent 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 or her 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
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(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 o r 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 a nd a National Medical Support Notice
issued pursuant to Section 118.1 118.2 of Title 43 and Section 6058A
of Title 36 of the Oklahoma Statutes, the payor shall al locate
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 s pousal support there is
insufficient income to pay the premiums necessary to provide
dependent health insurance, the payor shall allocate t he 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 insu rance premium
for a dependent child.
SECTION 2. AMENDATORY 56 O.S. 2021, Section 237.7, is
amended to read as follows:
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Section 237.7. For the purposes of Sections 237 through 240.23
of this title:
1. The “Child Support Enforcement Division of the Department of
Human Services”, hereinafter referred to as the “Division” or as the
“Department”, is the state agency designated to admini ster the child
support enforcement program for the State of Oklahoma this state and
its District Offices district offices, which may be administered
through contract or cooperative agreements . The District Offices
district offices provide enforcement services to individuals
receiving Temporary Assistance for Needy Families, hereinafter
referred to as “TANF”, and to individuals not receiving TANF who
have made proper application for enforcement services to the
Division;
2. “Director” means the Director of the Department of Human
Services who shall have the authority to enter orders in appropriate
cases or as otherwise provided by law, without the necessity of an
additional signature of a district or administra tive judge;
3. “Office of Administrat ive Hearings: Child Support (Legal
Division, Department of Human Services, State of Oklahoma) ”,
hereinafter referred to as “OAH”, conducts child support enforcement
administrative hearings. All hearings are conducted by
administrative law judges assigned to OAH;
4. “Support debt” means a debt owed to the State of Oklahoma
this state by the natural, legal or adoptive parents who are
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responsible for support of a child or children receiving public
assistance money from the Depar tment or the reasonable expenses o f
providing for a child or children. The amount of the debt shall be
determined in accordance with the provisions of Section 118 et seq.
of Title 43 of the Oklahoma Statutes;
5. “Arrearage” or “past due support” means the total amount of
unpaid support obliga tions;
6. “Delinquency” means any payment under an order for support
which becomes due and remains unpaid;
7. a. “Gross income” or “income” means income from any
source and includes, but is not limited to, income
from salaries, wages, commissions, bonuses , dividends,
severance pay, pensions, rent , interest income, trust
income, annuities, compensation as an independent
contractor, social security benefits, workers ’
compensation benefits, unemployment insurance
benefits, disability insurance benefits, gifts ,
prizes, any form of periodic payment to an individual
regardless of source, and any other payments made by
any person, private entity, federal or state
government, any unit of local government, school
district, or any entit y created by law. Income
specifically excluded are actual child support
received for children not before the court and
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benefits received from means -tested public assistance
programs, including but not limited to TANF,
Supplemental Security Income (SSI), F ood Stamps,
General Assistance and State Supplemental Payments for
Aged, Blind, and the Disabled.
b. For purposes of computing gross income of the parents,
gross income shall include for each parent all actual
monthly income described in this paragraph, th e
average of the gross monthly income for the time
actually employed duri ng the previous three (3) years,
or the minimum wage paid for a forty -hour week,
whichever is the most equitable. If equitable, gross
monthly income for either parent may be imputed in an
amount that a person with comparable education,
training, and experience could reasonably expect to
earn. If a person is permanently physically or
mentally incapacitated, the child support obligation
shall be computed on the basis of actual monthly gross
income;
8. “Earnings” means amounts paid to a person as an employe e,
including wages and salary;
9. “Disposable income” means income or earnings less any
amounts required by law to be withheld including, but not limited
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to, federal, state, and loca l taxes, Social Security, and p ublic
assistance payments;
10. “Obligor” means the person who is required to make payments
under an order for support or the natural, legal, or adoptive
parents who are responsible for the support of a child or children;
11. “Obligee” or “Person entitled” means:
a. a person to whom a support deb t or support obligation
is owed,
b. the Department of Human Services or a public agency of
another state that has the right to receive current or
accrued support payments or that is p roviding support
enforcement services, or
c. a person designated in a sup port order or as otherwise
specified by the court;
12. “Payor” means any person or entity paying monies, income,
or earnings to an obligor. In the case of a self -employed person,
the “payor” and “obligor” may be the same person;
13. “Support order” means an order for the payment of support
issued by a district or administrative court of this state or by any
court or agency of another state;
14. “Income assignment” means an assignment of a portion of the
monies, income, or periodic earnings due and owing to the obligor to
the person entitled to the support or to another person or entity
designated by the support order or assignment for payment of
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support, the support debt, or arreara ges. In all child support
cases wherein child support is being enforced pursuant to the state
plan, the income of any obligor required by court or administrative
order to pay support shall be subject by operation of law to
immediate income assignments reg ardless of whether support paym ents
by such obligor are in arrears. The assignment shall be in an
amount which is sufficient to meet the periodic child support
payments, other maintenance payments, payments on support debt and
collection of past due suppo rt monies that have accrued und er a
district or administrative court orde r. An income assignment shall
be made a part of a support order or any order granting a judgment
for a support debt or confirming the amount of the past due support,
or a review or modification of a support order pursuant to Section
118.1 238.5A of Title 43 of the Oklahoma Statutes this title;
15. “Voluntary acknowledgment ” means a written acknowledgment
executed by the obligor wherein the obligor acknowledges paternity,
support liability, a support debt, or arrea rage amount, and agrees
to a judgment and an immediate income assignment to pay monthly
support and payments on the support debt or arrearage judgments;
16. “Notice” means a written announcement served upon an
obligor, a custodial person or any person or entity which might be
affected by the noti ced proceeding;
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17. “Licensing board” means any bureau, department, division,
board, agency, or commission of this state or of a municipality in
this state that issues a license;
18. “License” means a license, certificate, registration,
permit, approval, or other similar document issued by a licensing
board granting to an individual a right or privilege to engage in a
profession, occupation, business, or industry, or any recreational
license or permit including, b ut not limited to, a hunting and
fishing license or other authorization issued pursuant to the
Oklahoma Wildlife Conservation Code and certificates of Title for
vessels and motors and other licenses or registrations issued
pursuant to the Oklahoma Vessel a nd Motor Registration Act or a
driver license or other permit issued pursuant to Title 47 of the
Oklahoma Statutes;
19. “Commission” means the Commission for Human Services;
20. “Payment plan” includes, but is not limited t o, a plan
approved by the suppo rt enforcement entity that provides suffic ient
security to ensure compliance with a support order or that
incorporates voluntary or involuntary income assignment or a similar
plan for periodic payment of past -due support and, if applicable,
current and future support; and
21. “Support” means all payments or other obligations due and
owing to the obligee or person entitled by the obligor pursuant to a
support order, and may include, but is not limited to, support
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alimony payments, child support, as defined by Section 1170 of Title
12 of the Oklahoma Statutes, and other expenses, requirements and
obligations as specified in Section 118 et seq. of Title 43 of the
Oklahoma Statutes.
SECTION 3. AMENDATORY 56 O.S. 2021, Section 238.5A, i s
amended to read as follows:
Section 238.5A. The A. In all cases in which child support
services are being provided under the state child support plan as
provided in Section 237 of this title, the Department shall ensure
that the amount of child support and other support shall be is
ordered and reviewed in accordance with the child support guidelines
provided in Section 118 et seq. of Title 43 of the Oklahoma
Statutes.
B. Whenever the Department determines that an order for child
support may not be in accordance with the child support guidelines
set forth in Section 118 et seq. of Title 43 of the Oklahoma
Statutes, the Department may issue a notice to modify the order for
child support.
C. The Department shall serve notice on the obligor and the
custodial person informing them of the following:
1. The style and case number of the child support order or
orders being enforced by the Department;
2. The date the notice is issued;
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3. The initials and dates of birth of the child or children who
are the subject or subjects of the order for child support;
4. The amount of the existing monthly child support obligations
as defined in Section 118 et seq. of Title 43 of the Oklahoma
Statutes;
5. That the monthly child support obligation may not be in
compliance with the child support guidelines;
6. That according to informati on in the records of the
Department, the order for child support and other support should be
modified;
7. The proposed modified amount of child support that should be
paid in accordance with the child support guidelines;
8. The proposed medical support order;
9. The proposed child care expenses;
10. The amount of past due support owed by the obligor and a
monthly judgment payment if the Department is requesting a judgment ;
11. That unless either party requests a hearing, the proposed
modified monthly child support and other support obligations shall
become the monthly court-ordered child support amount ;
12. That the modification of the child support obligation shall
be effective the first day of the month following the date the
notice is issued;
13. That an immediate income assignment shall be ordered
pursuant to Section 115 of Title 43 of Oklahoma Statutes;
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14. That all payments for child support shall be made to the
Centralized Support Registry at the address specified in the notice
pursuant to Section 413 of Title 43 of Oklahoma Statutes, and any
payments made other than to the Centralized Support Registry may not
be credited to the amount owed;
15. The address of record for the obligor and custodial person
on file with the Central Case Registry, unless the Department has
determined to keep such information confidential due t o reasonable
evidence of domestic violence or child abuse , pursuant to Section
112A of Title 43 of Oklahoma Statutes;
16. That either party may request an administrative hearing on
a form attached to the notice within twenty (20 ) days of the date
the notice is served; and
17. That the notice shall become the order of modification and
shall be filed with the clerk of the district court. Such order
shall have the same legal e ffect as an order of the court.
D. The notice provided for in this se ction shall be served by
the Department upon the obligor and custodial pe rson as provided in
Section 2004 of Title 12 of the Oklahoma Statutes, or if there is an
address of record on fil e with the Central Case Registry pursuant to
Section 112A of Title 43 of the Oklahoma Statutes, the noti ce may be
served by regular mail at the address of record.
E. Upon receipt of a timely request for hearing, the Department
shall set the matter for a h earing. The obligor and custodial
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person shall be given notice of the hearing as provided in
subsection B of Section 2005 of Title 12 of the O klahoma Statutes.
The notice shall state that failure to appear at the scheduled
hearing may result in the notice becoming the order of the court.
F. When a timely hearing is not req uested, the Department shall
submit to the administrative court an order confirming and
incorporating the notice by reference. The court shall review to
confirm jurisdiction, sufficien cy of the notice to modify, and
service of process. The order shall be reviewed and signed by the
court or returned to the Department with explanation.
G. An administrative order shall be filed in the district court
pursuant to Section 237.10 of this titl e. A final administrative
order entered pursuant to th is section may be appealed in accordance
with the requirements of Section 240.3 of this title.
H. The Department shall promulgate rules as necessary to
implement the provisions of this section .
SECTION 4. REPEALER 43 O.S. 2021, Section 118.1, is
hereby repealed.
SECTION 5. This act shall become effec tive November 1, 2023.
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Passed the Senate the 9th day of March, 2023.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2023.
Presiding Officer of the House
of Representatives