1. A. Any person or entity entitled to receive support payments for the current or for any prior month or months, or the person's legal representative may initiate income assignment proceedings by filing with the court a notice of delinquency or other notice of enforcement. Notice shall be served upon the obligor in the same manner prescribed for the service of summons in a civil action. The notice shall inform the obligor of the following:

   1. 1. The amount of support owed, if any;
   2. 2. That the obligor may object to all or any part of the notice at a hearing which will be held at a given location on a date specified in the notice to show cause why the obligor should not be determined liable for the relief requested in the notice;
   3. 3. That at the hearing the obligor may contest the allegations in the notice only with regards to mistake of identity, or to the existence or the amount of support owed; and
   4. 4. That the assignment shall remain in effect for as long as current support is due or support arrearages remain unpaid and that any payment will not prevent an income assignment from taking effect.

2. B.

   1. 1. The court shall promptly hear and determine the matter and, unless the obligor successfully shows that there is a mistake of identity or a mistake as to the existence of current or delinquent support, the court shall enter a judgment, determine the amount of judgment payments, if any, and order that the income assignment take effect against the disposable earnings or other income of the obligor.
   2. 2. The court may order an obligor to pay all court costs and attorneys' fees involved in an income assignment proceeding pursuant to this subsection.
   3. 3. The order shall be a final judgment for purposes of appeal. The effect of the income assignment shall not be stayed on appeal except by order of the court.
   4. 4. In all cases of paternity and for arrearage of child support, the district court shall make inquiry to determine if the noncustodial parent has been denied reasonable visitation. If reasonable visitation has been denied by the custodial parent to the noncustodial parent, the district court shall include visitation provisions in the support order.
3. C. Once an income assignment has been ordered by the court, the applicant shall file the original notice of income assignment with the court and send a copy of the notice of income assignment to the payor to effectuate the assignment pursuant to subsection E of this section.
4. D. If the obligor fails to appear at the hearing, the court shall enter an order granting judgment for the amount of any arrearage, establishing a judgment payment plan, if appropriate, and approving the income assignment. After the court has ordered an income assignment, the applicant shall file the original notice with the court and send a copy of the notice of income assignment to the payor pursuant to subsection E of this section to effectuate the assignment.

5. E.

   1. 1. The notice of income assignment required pursuant to subsections B, C, and D of this section shall be sent by the applicant to the payor on a standardized form prescribed by the Secretary of the United States Department of Health and Human Services. The notice shall be sent by certified mail, return receipt requested or served according to law. The payor shall be required to comply with the provisions of this subsection and the provisions stated in the notice.
   2. 2. The income assignment shall take effect on the next payment of earnings to the obligor after the payor receives notice thereof and the amount withheld shall be sent to the person entitled to the support within seven (7) days after the date upon which the obligor is paid. The payor shall include with each payment a statement reporting the date on which the obligor's support obligation was withheld.
   3. 3. Each pay period the payor shall withhold the amounts specified in the notice from the obligor's income and earnings. The amount withheld by the payor shall not exceed the limits on the percentage of an obligor's income which may be assigned for support pursuant to Section 1171.2 of this title.
   4. 4. The income assignment is binding upon the payor until released or until further order of the court.
   5. 5. All payments shall be made through the Centralized Support Registry as provided in Section 413 of Title 43 of the Oklahoma Statutes.
   6. 6. If the amount of support due under all income assignments against the obligor exceeds the maximum amount authorized by Section 1171.2 of this title, the payor shall pay the amount due up to the statutory limit, and the payor shall send written notice to the person or agency designated to receive payments that the amount due exceeds the amount subject to withholding. If the payor fails to pay or notify as required herein, the payor may be liable for an amount up to the accumulated amount that is due and owing upon receipt of the notice.
   7. 7. If the payor is the obligor's employer, the payor shall send written notice to the person or agency designated to receive payments within ten (10) days of the date the obligor terminates employment, and shall provide the obligor's last-known address and the name of the obligor's new employer, if known.
   8. 8. If the payor has no income due or to be due to the obligor in the payor's possession or control or if the obligor has terminated employment with the payor prior to the receipt of notice required pursuant to subsection C of this section, the payor shall send written notice to the person or agency designated to receive payments within ten (10) days of receipt of the notice. Failure to notify the person or agency entitled to support and the court within the required time limit may subject the payor to liability for an amount up to the accumulated amount that is due and owing upon receipt of the notice.

   9. 9. The payor is liable for any amount up to the accumulated amount that should have been withheld and paid, and may be fined up to Two Hundred Dollars ($200.00) for each failure to make the required deductions if the payor:

      1. a. fails to withhold or pay the support in accordance with the provisions of the income assignment notice, or
      2. b. fails to notify the person or agency designated to receive payments as required.
   10. 10. The payor may combine withheld amounts from earnings of two or more obligors subject to the same support order in a single payment and separately identify that portion of the single payment which is attributable to each individual obligor.
   11. 11. An income assignment issued pursuant to the provisions of this section shall have priority over any prior or subsequent garnishments of the same wages; provided, however, income assignments issued pursuant to the provisions of this section and garnishments for support issued pursuant to the provisions of Section 1173.1 of this title shall be of equal priority, except as may otherwise be provided for in this section.
   12. 12. The payor may deduct from any earnings of the obligor a sum not exceeding Five Dollars ($5.00) per pay period but not to exceed Ten Dollars ($10.00) per month as reimbursement for costs incurred by the payor for the income assignment.
   13. 13. The assignment shall remain effective regardless of a change of payor.
   14. 14. The income assignment issued pursuant to this section shall remain in effect for as long as current support is due or until all arrearages for support are paid, whichever is later. Payment of any arrearages shall not prevent the income assignment from taking effect.
   15. 15. The payor may not discipline, suspend, discharge, or refuse to promote an obligor because of an assignment executed pursuant to this section. Any payor who violates this section shall be liable to the obligor for all income, wages, and employment benefits lost by the obligor from the period of unlawful discipline, suspension, discharge, or refusal to promote to the reinstatement or promotion.
6. F. Upon written notification of the name and address of a new employer or payor and payment of the required fees for mailing by the person or agency designated to receive payments, the applicant shall send a new notice of income assignment pursuant to subsection E of this section. Income assignment proceedings shall be available to collect day care and health expense arrearages as well as support alimony payments; provided, child support shall be paid prior to any alimony payments.
7. G. Any existing support order or income assignment which is brought before the court shall be modified by the court to conform to the provisions of this section.
8. H. Any person obligated to pay support, who has left or is beyond the jurisdiction of the court, may be prosecuted under any other proceedings available pursuant to the laws of this state for the enforcement of the duty of support and maintenance.

9. I. The income assignment proceedings specified in this section shall be available to other states for the enforcement of support and maintenance or to enforce out-of-state orders. Venue for these proceedings is, at the option of the obligee:

   1. 1. In the county in this state in which the support order was entered;
   2. 2. In the county in this state in which the obligee resides; or
   3. 3. In the county in this state in which the obligor resides or receives income.

10. J.

    1. 1. In all child support cases in which child support services are being provided under the state child support plan as provided under Section 237 of Title 56 of the Oklahoma Statutes, all orders for support are subject to immediate income assignment without any need for a hearing by the district or administrative court.
    2. 2. In all child support cases arising out of an action for divorce, paternity, or other proceeding in which services are not being provided under the state child support plan as provided under Section 237 of Title 56 of the Oklahoma Statutes, the court shall order the income of any parent ordered to pay child support to be subject to immediate income assignment regardless of whether child support payments are in arrears at the time of the order, unless (1) one of the parties demonstrates and the court finds that there is good cause not to require immediate income withholding, or (2) a written agreement is reached between the parties which provides for an alternative arrangement.

Laws 1985, HB 1209, c. 297, § 2, eff. October 1, 1985; Amended by Laws 1986, HB 1581, c. 176, § 2, emerg. eff. May 15, 1986; Amended by Laws 1989, HB 1637, c. 362, § 1, eff. November 1, 1989; Amended by Laws 1990, SB 472, c. 309, § 7, eff. September 1, 1990; Amended by Laws 1991, SB 411, c. 278, § 1, emerg. eff. May 28, 1991; Amended by Laws 1994, HB 1492, c. 356, § 23, eff. September 1, 1994; Amended by Laws 1997, HB 2058, c. 272, § 3, eff. November 1, 1997 (superseded document available); Amended by Laws 1997, HB 706, c. 402, § 7, emerg. eff. July 1, 1997 (superseded document available); Amended by Laws 1998, SB 1342, c. 323, § 5, eff. October 1, 1998 (superseded document available); Amended by Laws 2000, SB 1520, c. 384, § 3, eff. November 1, 2000 (superseded document available ).