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28	28	STATE OF OKLAHOMA
29	29
30	30	1st Session of the 59th Legislature (2023)
31	31
32	32	HOUSE BILL 1003 By: Olsen
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38	38	AS INTRODUCED
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40	40	An Act relating to motor vehicles; requiring child
41	41	support payments after certain vehicle accidents
42	42	resulting in death; requiring court to consider
43	43	certain factors when determ ining reasonable or
44	44	necessary child support; listing factors for
45	45	consideration; requiring court to be trustee for
46	46	support payments; requiring court rem it certain
47	47	payments by certain time; requi ring court deposit
48	48	certain receipts by certain time; requiring court to
49	49	issue order for garnishment within certain
50	50	limitations; allowing for a one-year grace period for
51	51	certain payments; requiring certain payments be made
52	52	in full including any arrearage; requiring certain
53	53	civil action judgment against a convicted person not
54	54	require certain child support order; allowing certain
55	55	civil action judgment to offset certain child support
56	56	orders; providing for codi fication; and providing an
57	57	effective date.
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64	64	BE IT ENACTED BY THE P EOPLE OF THE STATE OF OKLAHOMA:
65	65	SECTION 1. NEW LAW A new section of law to be codified
66	66	in the Oklahoma Statutes as Section 11-902e of Title 47, unless
67	67	there is created a duplication in numbering, reads as follows:
68	68	A. If a person is convicted of an offense of driving while
69	69	under the influence of alcohol or other intoxicating substance as
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96	96	provided for in subsection A of Section 11-902 of Title 47 of the
97	97	Oklahoma Statutes and such offense caused the death of a parent or
98	98	parents of a child or children, such person shall be ordered by the
99	99	court to pay child support to the child or children until the child
100	100	or children reach eighteen years of age; except that, if the child
101	101	or children reach eighteen (18) years of age and are enrolled in and
102	102	attending a secondary school program of instruction, child support
103	103	shall continue, if the child or children continue to attend and
104	104	progress toward completion of such program, until the child or
105	105	children complete such program or reaches twenty -one (21) years of
106	106	age, whichever first occurs.
107	107	B. The court shall order the person co nvicted of the offense of
108	108	driving while intoxicated as provided under subsection A of this
109	109	section to pay child support in an amount that is reasonable or
110	110	necessary for the support of the child or children after considering
111	111	all relevant factors, including :
112	112	1. The financial needs and resources of the child or children;
113	113	2. The financial resources and needs of the surviving parent
114	114	or, if no other parent is alive or capable of caring fo r the child
115	115	or children, the guardian of the child or children, including the
116	116	state if the state is the guardian;
117	117	3. The standard of living the child or children would have
118	118	enjoyed;
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145	145	4. The physical and emotional condition of the child or
146	146	children and the child's or children's educational needs;
147	147	5. The child's or children's ph ysical and legal custody
148	148	arrangements; and
149	149	6. The reasonable work-related child care expenses of the
150	150	surviving parent or guardian.
151	151	C. The court shall order that child support payments be made to
152	152	the court as trustee for remittance to the surviving parent or
153	153	guardian entitled to receive the payments. The court shall remit
154	154	such payments to the surviving parent or guardian within three (3)
155	155	working days of receipt by the court. The court shall deposit all
156	156	receipts no later than the next working day after re ceipt.
157	157	D. In addition to any other remedy provided by law for the
158	158	enforcement of child support, if a child support order has been
159	159	entered, the court shall issue an order directing a ny employer or
160	160	other payer of the person required t o pay child support under this
161	161	section to withhold and pay over the court in the county in which a
162	162	trusteeship is or will be established mon ies due or to become due to
163	163	the surviving parent or guardian for the child or children in an
164	164	amount not to exceed federal wage garnishment limitations.
165	165	E. If a person ordered to pay child support under this section
166	166	is incarcerated and unable to pay the required support, the person
167	167	shall have up to one (1) year after his or her release from
168	168	incarceration to begin paymen t, including any arrearage. If any
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195	195	obligation under this section is to terminate as provided un der
196	196	subsection A of this section but the person's obli gation is not paid
197	197	in full, payments shall continue unt il the arrearage is paid.
198	198	F. 1. If the surviving parent or guardian of the child or
199	199	children brings a civil action against the person convicted of
200	200	driving while intoxicated prior to any child support order under
201	201	this section and the surviving parent or g uardian obtains a judgment
202	202	in his or her favor in t he civil suit, no child support shall be
203	203	ordered under this section.
204	204	2. If the court orders child support under this section but the
205	205	surviving parent or guardian brings a civil action and obtains a
206	206	judgment in his or her fav or, the child support order shall offset
207	207	the judgment awarded in the civil action .
208	208	SECTION 2. This act shall become effective November 1, 2023.
209	209
210	210	59-1-5004 JBH 06/30/22

Oklahoma 2024 Regular Session

Oklahoma House Bill HB1003 Compare Versions