Chapter 21: Garnishment and Attachment · Last amended June 6, 2000 · Last verified August 3, 2026
In one sentenceSection 1170 defines the terms used throughout Oklahoma's income assignment and garnishment statutes, including arrearage, obligor, obligee, disposable income, support order, and income assignment, and clarifies that prejudgment garnishors count as judgment creditors.
A.For the purposes of this subsection and Sections 1171.2 through 1171.4 of this title:
1."Arrearage" means the total amount of unpaid support obligations;
2."Delinquency" means any payment under an order for support which becomes due and remains unpaid;
3."Income" or "earnings" means any form of payment to an individual regardless of source including, but not limited to, wages, salary, commission, compensation as an independent contractor, workers' compensation, disability, annuity and retirement benefits, and any other payments made by any person, private entity, federal or state government, any unit of local government, school district, or any entity created by law;
4."Disposable income" means income or earnings less any amounts required by law to be withheld, including, but not limited to, federal, state, and local taxes, Social Security, and public assistance payments;
5."Obligor" means the person who is required to make payments under an order for support;
6."Person entitled" or "obligee" means the person to whom a duty of support is owed as designated in the support order or as otherwise specified by the court;
7."Payor" means any person or entity paying monies, income, or earnings to an obligor. In the case of a self-employed person, the "payor" and "obligor" may be the same person;
8."Support order" means an order for the payment of child support issued by a district court or the Department of Human Services;
9."Income assignment" is a provision of a support order which directs the obligor to assign a portion of the monies, income, or periodic earnings due and owing to the obligor to the person entitled to the support or to another person designated by the support order or assignment for payment of support or arrearages or both. The assignment shall be in an amount which is sufficient to meet the periodic support arrearages or other maintenance payments or both imposed by the court order or administrative order. The income assignment shall be made a part of the support order;
10."Child support" means and includes all payments or other obligations due and owing to the person entitled by the obligor pursuant to a child support order, including but not limited to medical insurance or health care premiums and other medical expenses, current child care obligations, child care arrearages and any fixed child care obligations and such other expenses and requirements as specified in Section 118 of Title 43 of the Oklahoma Statutes; and
11."Notice of income assignment" means the standardized form prescribed by the United States Secretary of Health and Human Services that is required to be used in all cases to notify a payor of an order to withhold for payment of child support and other maintenance payments.
B.For the purposes of prejudgment garnishments, "judgment creditor" includes prejudgment garnishors.
Amendment History
Added by Laws 1985, HB 1209, c. 297, § 10, eff. 10/1/1985; Amended by Laws 1986, HB 1581, c.
176, § 1, emerg. eff. 5/15/1986; Amended by Laws 1990, SB 472, c. 309, § 6, eff. 9/1/1990; Amended by
Laws 1995, HB 1324, c. 338, § 1, eff. 11/1/1995; Amended by Laws 1997, HB 2058, c. 272, § 1, eff.
11/1/1997; Amended by Laws 1999, SB 689, c. 422, §1, eff. 11/1/1999; Amended by Laws 2000, HB 2190, c.
345, §1, emerg. eff. 6/6/2000.
Plain-English Summary
Section 1170 supplies the vocabulary for the sections governing child support collection through income assignment and garnishment. It defines arrearage as unpaid support, delinquency as any support payment that comes due and stays unpaid, and income or earnings broadly enough to reach wages, salary, commissions, workers' compensation, disability, and retirement benefits from any source, public or private. Disposable income means what's left after legally required withholdings like taxes and Social Security.
The section also defines the people and paperwork involved: the obligor owes the support, the obligee (or person entitled) receives it, the payor sends money to the obligor, the support order is the court or Department of Human Services order creating the obligation, and the income assignment is the provision directing a portion of the obligor's earnings to the obligee. It defines child support to include medical insurance, child care, and related expenses, and describes the standardized notice of income assignment form. Subsection B clarifies that for prejudgment garnishments, the term judgment creditor used elsewhere in the garnishment statutes includes prejudgment garnishors.
Frequently Asked Questions
What does obligor mean in Oklahoma's child support statutes?
The person required to make payments under an order for support.
What counts as income for purposes of an income assignment?
Any form of payment to a person, including wages, salary, commission, independent contractor pay, workers' compensation, disability, annuity, retirement benefits, and other payments from any private or government source.
What's the difference between income and disposable income under this section?
Disposable income is income minus amounts the law requires to be withheld, such as federal, state, and local taxes, Social Security, and public assistance payments.
Does the term judgment creditor in the garnishment statutes include someone garnishing before judgment?
Yes, for prejudgment garnishments specifically. Subsection B says judgment creditor includes prejudgment garnishors.
Source & verification. Section text is reproduced verbatim from
Title 12 of the Oklahoma Statutes, enacted by the Oklahoma Legislature.
Last verified August 3, 2026.
· Official source
Also known as:oklahoma child support garnishment definitionswhat is disposable income oklahoma supportobligor obligee definitions oklahoma12 O.S. § 1170