Oklahoma Wage Garnishment: Oklahoma Child Support Garnishment
UPDATED: August 22, 2011
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After divorce and custody proceedings have concluded and a child custody and support situation has been arranged, an order for an Oklahoma income assignment is served on the employer of the noncustodial (paying) parent. The amount is deducted from the employee’s paycheck and forwarded through the Oklahoma Provider website. Because Oklahoma follows the Uniform Interstate Family Support Act, income withholding orders from agencies in other states must be honored by the employer. Further, the employer must follow Oklahoma’s strict wage garnishment guidelines when deducting and remitting payment.
Oklahoma Child Support Collection
An order is issued for child support collections after the representative of the person entitled to payment, or an agency, files with an Oklahoma court. This order is binding on the noncustodial (paying) parent and their employer. Employers must withhold income until the issuing court notifies them to stop income withholding.
Along with general monetary support, the order may provide for daycare and healthcare expenses for the child as well as alimony payments.
Who Withholds the Money
Once an order is issued, it is sent by certified mail to the noncustodial parent’s employer on a form prescribed by the Secretary of the United States Department of Health and Human Services. The employer is bound to enforce wage garnishment on the employee until the order is satisfied, or until the employee no longer works for the employer. An administrator of other income (such as a pension or other retirement fund, workers’ compensation, or third party sick pay insurance) can also be served with an order for support.
When is Money Withheld
Withholding from the employee’s paycheck must begin the first pay period occurring after receipt of the order/notice to withhold. The withheld pay must be forwarded within seven days of the employee’s payday to the Oklahoma Centralized Support Registry through the Oklahoma Provider website. The employer can pay by check or by Electronic Funds Transfer (EFT). Oklahoma accepts EFT payment in the Cash Concentration and Disbursement (CCD+) format.
If the order does not state an amount to withhold for each payday, the employer should multiply the monthly amount by twelve, and divide by the number of paydays in a year.
All child support payments should be made. If the support order was served by the representative of the person entitled to payment or by any other third party, the employer should provide the Support Registry with a copy of the order. The Support Registry will then send a notice to the employer to redirect payment to the Registry, and may require the employer to give them additional information about the recipient.
If the employer receives an order for an employee who no longer works for them or to whom they do not owe any money, the employer must notify the issuing court or agency in writing within 10 days of the order. If the employer does not, the employer can be held liable for the total amount not withheld, plus fines.
All Oklahoma employers are required to honor an income-withholding order/notice for child support from any other state since Oklahoma follows the provisions of the federal Uniform Interstate Family Support Act (UIFSA).
The employer is required to follow the withholding laws of the other state to determine the amount to withhold, the duration of the order, and where to remit payment. However, the employer follows the withholding law of the state where the employee works with regard to determining maximum withholding amounts, disposable earnings, employer fees, allocation of multiple orders, employee termination, and when to begin and remit withholding.