§ 43-115. Order for child support or modification of order - Provision for income assignment.

A.  Every order providing for the support of a minor child or a modification of such order, whether issued by a district court or an administrative court, shall contain an immediate income assignment provision if child support services are being provided under the state child support plan as provided under Section 237 of Title 56 of the Oklahoma Statutes, regardless of whether support payments by such parent are in arrears.

B.  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, the district court shall order the wage of the obligor subject to immediate income assignment, regardless of whether support payments by such parent are in arrears, unless:

1.  One of the parties demonstrates and the district court finds 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.

C.  The obligated party may execute a voluntary income assignment at any time.  The voluntary assignment shall be filed with the district or administrative court and shall take effect after service on the payor, as required by Section 1171.3 of Title 12 of the Oklahoma Statutes.

Added by Laws 1985, c. 297, § 17, operative Oct. 1, 1985.  Renumbered from Title 12, § 1277.4 by Laws 1989, c. 333, § 1, eff. Nov. 1, 1989.  Amended by Laws 1994, c. 365, § 11, eff. Sept. 1, 1994; Laws 1997, c. 402, § 12, eff. July 1, 1997.