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§ 1171.2.Child Support Payment - Income Assignment Or Garnishment Proceedings

Chapter 21: Garnishment and Attachment · Last amended November 1, 2007 · Last verified August 3, 2026

In one sentenceSection 1171.2 lets a custodial parent or DHS collect child support through income assignment or garnishment, caps the withholding at fifty to sixty-five percent of disposable earnings depending on other dependents and arrears, and sets the payor's priority order for allocating withheld income.

Full Text of § 1171.2

Text sizeJump to: (A) (B) (C)

A. Any person awarded custody of and support for a minor child by the district court or awarded periodic child support payments by the Department of Human Services, or the Department of Human Services on behalf of a recipient of Temporary Assistance for Needy Families or on behalf of a person not receiving Temporary Assistance for Needy Families shall be entitled to proceed to collect any current child support and child support due and owing through income assignment pursuant to the provisions of this section and Section 1171.3 of this title or Sections 240 through 240.3 of Title 56 of the Oklahoma Statutes or by garnishment, if the minor child is in the custody and care of the person entitled to receive the child support or as is otherwise provided by the court or administrative order at the time of the income assignment or garnishment proceedings.
B. The maximum part of the aggregate disposable earnings of any person for any workweek which is subject to garnishment or income assignment for the support of a minor child shall not exceed:
1. Fifty percent (50%) of such person's disposable earnings for that week, if such person is supporting his spouse or a dependent child other than the child with respect to whose support such order is used; and
2. Sixty percent (60%) of such person's disposable earnings for that week if such person is not supporting a spouse or dependent child.
The fifty percent (50%) specified in paragraph 1 of this subsection shall be deemed to be fifty-five percent (55%) and the sixty percent (60%) specified in paragraph 2 of this subsection shall be deemed to be sixty-five percent (65%), if and to the extent that such earnings are subject to garnishment or income assignment to enforce a support order with respect to a period which is prior to the twelve-week period which ends with the beginning of such workweek.
C. When responding to a notice of income assignment pursuant to Section 1171.3 of this title and a National Medical Support Notice issued pursuant to Section 118.1 of Title 43 and Section 6058A of Title 36 of the Oklahoma Statutes, the payor shall allocate available income in the following priority:
1. Current child and spousal support;
2. Health insurance premiums;
3. Arrearages; and
4. Other child support obligations. If after payment of current child and spousal support there is insufficient income to pay the premiums necessary to provide dependent health insurance, the payor shall allocate the remaining withholding to arrearages and then to other child support obligations. An obligor may voluntarily elect to have the payor withhold amounts in excess of the limits in subsection B of this section to pay the obligor's portion of the health insurance premium for a dependent child.

Amendment History

Added by Laws 1978, HB 1659, c. 190, § 2, eff. 10/1/1978; Amended by Laws 1985, HB 1209, c. 297, § 11, eff. 10/1/1985; Amended by Laws 1997, HB 2058, c. 272, § 2, eff. 11/1/1997; Amended by Laws 1997, SB 706, c. 402, § 6, emerg. eff. 7/1/1997; Amended by Laws 2007, SB 944, c. 41, §2, eff. 11/1/2007.

Note

Laws 1997, c. 272, § 2 repealed by Laws 1998, c. 5, § 29, emerg. eff. March 4, 1998.

Plain-English Summary

Section 1171.2 gives a person awarded custody and child support, or the Department of Human Services acting on behalf of a Temporary Assistance for Needy Families recipient or non-recipient, the right to collect current support and arrears through income assignment or garnishment.

The section caps how much of a person's weekly disposable earnings can go toward child support: fifty percent if the person is also supporting a spouse or another dependent child, sixty percent otherwise. Those caps rise to fifty-five and sixty-five percent, respectively, when the withholding covers support arrears from more than twelve weeks before the current workweek.

When a payor is responding to both a notice of income assignment and a National Medical Support Notice, Section 1171.2 sets the order for allocating available income: current child and spousal support first, then health insurance premiums, then arrearages, then other child support obligations. If paying the health insurance premium isn't possible after current support, the payor applies the remainder to arrearages and then other obligations; an obligor can also volunteer to have the payor withhold more than the statutory caps to cover a dependent's health insurance premium.

Frequently Asked Questions

How much of my paycheck can be withheld for child support in Oklahoma?

Up to fifty percent of disposable earnings if you're also supporting a spouse or another dependent child, or sixty percent otherwise, rising to fifty-five or sixty-five percent when the withholding covers arrears more than twelve weeks old.

What order does an employer follow when withholding for both child support and health insurance?

Current child and spousal support first, then health insurance premiums, then arrearages, then other child support obligations.

Who can start an income assignment or garnishment for child support?

A person awarded custody and support of a child, or the Department of Human Services acting for a Temporary Assistance for Needy Families recipient or non-recipient.

Can I have more than the statutory cap withheld to cover my child's health insurance?

Yes. Section 1171.2 lets an obligor voluntarily elect to have the payor withhold amounts above the subsection B limits to pay the obligor's share of a dependent's health insurance premium.

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: how much child support can be garnished oklahomachild support withholding percentage oklahomanational medical support notice priority oklahoma12 O.S. § 1171.2