{"data":{"id":"us-ok/okla.-stat.-tit.-12-12-1171.3","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 12, § 12-1171.3","heading":"Income assignment proceedings","body":"A. In all child support cases arising out of an action for\n\ndivorce, paternity or other proceedings, the court shall order the\n\npayment of child support as provided under Section 115 of Title 43\n\nof the Oklahoma Statutes.\n\nB. 1. A notice of income assignment shall be sent by the\n\napplicant to the payor on a standardized form prescribed by the\n\nSecretary of the United States Department of Health and Human\n\nServices and available through the Administrative Office of the\n\nCourts. The notice shall be sent by certified mail, return receipt\n\nrequested or served according to law. The payor shall be required\n\nto comply with the provisions of this subsection and the provisions\n\nstated in the notice.\n\n2. The income assignment shall take effect on the next payment\n\nof earnings to the obligor after the payor receives notice. The\n\namount withheld shall be sent to the Centralized Support Registry as\n\nprovided for in Section 413 of Title 43 of the Oklahoma Statutes\n\nwithin seven (7) days after the date upon which the obligor is paid.\n\nThe payor shall include with each payment a statement reporting the\n\ndate the obligor's support obligation was withheld.\n\n3. Each pay period the payor shall withhold the amounts\n\nspecified in the notice from the obligor’s income and earnings. The\n\namount withheld by the payor shall not exceed the limits on the\n\npercentage of an obligor's income which may be assigned for support\n\npursuant to Section 1171.2 of this title.\n\n4. The income assignment is binding upon the payor until\n\nreleased or until further order of the court.\n\n5. All payments shall be made through the Centralized Support\n\nRegistry as provided in Section 413 of Title 43 of the Oklahoma\n\nStatutes.\n\n6. If the amount of support due under all income assignments\n\nagainst the obligor exceeds the maximum amount authorized by Section\n\n1171.2 of this title, the payor shall pay the amount due up to the\n\nstatutory limit, and the payor shall send written notice to the\n\nperson or agency designated to receive payments that the amount due\n\nexceeds the amount subject to withholding. If the payor wrongfully\n\nfails to pay or notify as required in this subsection, the payor may\n\nbe liable for an amount up to the accumulated amount due upon\n\nreceipt of the notice.\n\n7. If the payor is the obligor's employer, the payor shall send\n\nwritten notice to the person or agency designated to receive\n\npayments within ten (10) days of the date the obligor terminates\n\nemployment, and shall provide the obligor's last-known address and\n\nthe name of the obligor's new employer, if known.\n\n8. If the payor has no income due or to be due to the obligor\n\nin the payor's possession or control or if the obligor has\n\nterminated employment with the payor prior to the receipt of notice\n\nof income assignment required pursuant to this subsection, the payor\n\nshall send written notice to the person or agency designated to\n\nreceive payments within ten (10) days. Failure to notify the person\n\nor agency entitled to support within the required time limit may\n\nsubject the payor to liability for an amount up to the accumulated\n\namount due upon receipt of the notice of income assignment.\n\n9. The payor is liable for any amount up to the accumulated\n\namount that should have been withheld and paid, and may be fined up\n\nto Two Hundred Dollars ($200.00) for each failure to make the\n\nrequired deductions if the payor:\n\na. fails to withhold or pay the support in accordance\n\nwith the provisions of the income assignment notice,\n\nor\n\nb. fails to notify the person or agency designated to\n\nreceive payments as required.\n\n10. The payor may combine withheld amounts from earnings of two\n\nor more obligors subject to the same support order in a single\n\npayment and separately identify that portion of the single payment\n\nwhich is attributable to each individual obligor.\ncordance\n\nwith the provisions of the income assignment notice,\n\nor\n\nb. fails to notify the person or agency designated to\n\nreceive payments as required.\n\n10. The payor may combine withheld amounts from earnings of two\n\nor more obligors subject to the same support order in a single\n\npayment and separately identify that portion of the single payment\n\nwhich is attributable to each individual obligor.\n\n11. An income assignment for child support shall have priority\n\nover any prior or subsequent garnishments of the same wages.\n\n12. The payor may deduct from any earnings of the obligor a sum\n\nnot exceeding Five Dollars ($5.00) per pay period but not to exceed\n\nTen Dollars ($10.00) per month as reimbursement for costs incurred\n\nby the payor for the income assignment.\n\n13. The income assignment shall remain in effect regardless of\n\na change of payor.\n\n14. The income assignment shall remain in effect as long as\n\ncurrent support is due or until all arrearages for support are paid,\n\nwhichever is later. Payment of arrearages shall not prevent the\n\nincome assignment from taking effect.\n\n15. The payor may not discipline, suspend, discharge, or refuse\n\nto promote an obligor because of an income assignment executed\n\npursuant to this section. Any payor who violates this section shall\n\nbe liable to the obligor for all income, wages, and employment\n\nbenefits lost by the obligor from the period of unlawful discipline,\n\nsuspension, discharge, or refusal to promote until the time of\n\nreinstatement or promotion.\n\nC. Income assignment shall be available to collect any amounts\n\ndue for child support, child care and medical expenses, as well as\n\ncurrent support alimony payments; provided, child support shall be\n\npaid prior to any alimony payments.\n\nD. Any existing support order or income assignment which is\n\nbrought before the court shall be modified by the court to conform\n\nto the provisions of this section.\n\nE. Any person obligated to pay support, who has left or is\n\nbeyond the jurisdiction of the court, may be prosecuted under any\n\nother proceedings available pursuant to the laws of this state for\n\nthe enforcement of the duty of support and maintenance.\n\nF. The income assignment proceedings specified in this section\n\nshall be available to other states for the enforcement of support\n\nand maintenance or to enforce out-of-state orders. Venue for these\n\nproceedings is, at the option of the obligee:\n\n1. In the county in this state in which the support order was\n\nentered;\n\n2. In the county in this state in which the obligee resides; or\n\n3. In the county in this state in which the obligor resides or\n\nreceives income.\n\nG. 1. In all child support cases in which child support\n\nservices are being provided under the state child support plan as\n\nprovided under Section 237 of Title 56 of the Oklahoma Statutes, all\n\norders for support are subject to immediate income assignment\n\nwithout need for a hearing by the district or administrative court.\n\n2. In all child support cases arising out of an action for\n\ndivorce, paternity, or other proceeding in which services are not\n\nbeing provided under the state child support plan as provided under\n\nSection 237 of Title 56 of the Oklahoma Statutes, the court shall\n\norder the income of any parent ordered to pay child support to be\n\nsubject to immediate income assignment regardless of whether child\n\nsupport payments are in arrears at the time of the order, unless:\n\na. one of the parties demonstrates and the court finds\n\nthat there is good cause not to require immediate\n\nincome withholding. Any finding that there is good\n\ncause not to require immediate income assignment must\n\nbe based upon at least:\n\n(1) a written determination and explanation by the\n\ncourt or administrative authority of why\n\nimplementing immediate income assignment would\n\nnot be in the best interests of the child, and\nstrates and the court finds\n\nthat there is good cause not to require immediate\n\nincome withholding. Any finding that there is good\n\ncause not to require immediate income assignment must\n\nbe based upon at least:\n\n(1) a written determination and explanation by the\n\ncourt or administrative authority of why\n\nimplementing immediate income assignment would\n\nnot be in the best interests of the child, and\n\n(2) proof of timely payment of previously ordered\n\nsupport in cases involving modification of\n\nsupport orders, or\n\nb. a written agreement is reached between the parties\n\nwhich provides for an alternative arrangement. For\n\npurposes of this subparagraph, “written agreement”\n\nmeans a written alternative arrangement signed by both\n\nthe custodial and noncustodial parents which has been\n\nreviewed by the court and entered into the record by\n\nthe court or administrative authority.","path":["OK Code","Title 12"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os12.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"fa6a187b126bf8dd488669d67a7607aeb3b9fc30401b78de76d9d64400ebff25","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-12-12-1171.2","next":"us-ok/okla.-stat.-tit.-12-12-1172"},"notice":"GroundRules: Original legal text. Not legal advice."}