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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
HOUSE BILL 1003 By: Olsen
AS INTRODUCED
An Act relating to motor vehicles; requiring child
support payments after certain vehicle accidents
resulting in death; requiring court to consider
certain factors when determ ining reasonable or
necessary child support; listing factors for
consideration; requiring court to be trustee for
support payments; requiring court rem it certain
payments by certain time; requi ring court deposit
certain receipts by certain time; requiring court to
issue order for garnishment within certain
limitations; allowing for a one-year grace period for
certain payments; requiring certain payments be made
in full including any arrearage; requiring certain
civil action judgment against a convicted person not
require certain child support order; allowing certain
civil action judgment to offset certain child support
orders; providing for codi fication; and providing an
effective date.
BE IT ENACTED BY THE P EOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 11-902e of Title 47, unless
there is created a duplication in numbering, reads as follows:
A. If a person is convicted of an offense of driving while
under the influence of alcohol or other intoxicating substance as
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provided for in subsection A of Section 11-902 of Title 47 of the
Oklahoma Statutes and such offense caused the death of a parent or
parents of a child or children, such person shall be ordered by the
court to pay child support to the child or children until the child
or children reach eighteen years of age; except that, if the child
or children reach eighteen (18) years of age and are enrolled in and
attending a secondary school program of instruction, child support
shall continue, if the child or children continue to attend and
progress toward completion of such program, until the child or
children complete such program or reaches twenty -one (21) years of
age, whichever first occurs.
B. The court shall order the person co nvicted of the offense of
driving while intoxicated as provided under subsection A of this
section to pay child support in an amount that is reasonable or
necessary for the support of the child or children after considering
all relevant factors, including :
1. The financial needs and resources of the child or children;
2. The financial resources and needs of the surviving parent
or, if no other parent is alive or capable of caring fo r the child
or children, the guardian of the child or children, including the
state if the state is the guardian;
3. The standard of living the child or children would have
enjoyed;
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4. The physical and emotional condition of the child or
children and the child's or children's educational needs;
5. The child's or children's ph ysical and legal custody
arrangements; and
6. The reasonable work-related child care expenses of the
surviving parent or guardian.
C. The court shall order that child support payments be made to
the court as trustee for remittance to the surviving parent or
guardian entitled to receive the payments. The court shall remit
such payments to the surviving parent or guardian within three (3)
working days of receipt by the court. The court shall deposit all
receipts no later than the next working day after re ceipt.
D. In addition to any other remedy provided by law for the
enforcement of child support, if a child support order has been
entered, the court shall issue an order directing a ny employer or
other payer of the person required t o pay child support under this
section to withhold and pay over the court in the county in which a
trusteeship is or will be established mon ies due or to become due to
the surviving parent or guardian for the child or children in an
amount not to exceed federal wage garnishment limitations.
E. If a person ordered to pay child support under this section
is incarcerated and unable to pay the required support, the person
shall have up to one (1) year after his or her release from
incarceration to begin paymen t, including any arrearage. If any
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obligation under this section is to terminate as provided un der
subsection A of this section but the person's obli gation is not paid
in full, payments shall continue unt il the arrearage is paid.
F. 1. If the surviving parent or guardian of the child or
children brings a civil action against the person convicted of
driving while intoxicated prior to any child support order under
this section and the surviving parent or g uardian obtains a judgment
in his or her favor in t he civil suit, no child support shall be
ordered under this section.
2. If the court orders child support under this section but the
surviving parent or guardian brings a civil action and obtains a
judgment in his or her fav or, the child support order shall offset
the judgment awarded in the civil action .
SECTION 2. This act shall become effective November 1, 2023.
59-1-5004 JBH 06/30/22