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 Oklahoma Statutes (Last Updated: September 18, 2014)
 Title 56. POOR PERSONS

  § 56-240.23. Orders over signature of Director.  

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  • A.  The Division has the authority to enter orders in the following actions over the signature of the Director and without the necessity of obtaining an additional signature of a district or administrative court judge:

    1.  To subpoena any financial or other information needed to establish, modify, or enforce a support order and to impose penalties for failure to respond to a subpoena; provided, that the subpoena shall comply with the provisions of Section 2204 of Title 6 of the Oklahoma Statutes;

    2.  In cases in which there is a support arrearage, to secure assets by:

    a.intercepting or seizing periodic or lump-sum payments from:

    (1)a state or local agency, including unemployment compensation, workers' compensation, and other benefits, and

    (2)judgments, settlements, and lotteries,

    b.attaching and seizing assets of the obligor held in financial institutions,

    c.attaching public and private retirement funds, and

    d.imposing liens in accordance with Section 135 of Title 43 of the Oklahoma Statutes;

    3.  To increase the monthly payment of child support, for purposes of securing overdue support, in an amount not to exceed five percent (5%) of the total child support order.  This increase may not be made more than once every twelve (12) months.  This remedy is in addition to and not in lieu of any other remedy provided by law or by court order;

    4.  If an income assignment is not ordered or in place by operation of law for collection of support monies, the Division is authorized to implement income withholding by sending a notice of income assignment for support to any payor of income to the obligor; and

    5.  To require both parents to appear for genetic testing in cases where paternity has not been established or admitted.  The Division shall send notice to the putative father containing information on how to appear and admit paternity or object to the order for genetic testing.  An objection to genetic testing shall require the putative father to complete an affidavit contesting paternity on a form prescribed by the Division.  An order for genetic testing under this subsection may be docketed and enforced in the district court by indirect contempt.

    B.  With respect to paragraphs 2 and 3 of subsection A of this section, at the time of the action, the Division shall send a notice to the obligor explaining the obligor's rights to object to the action and the procedure to have it modified or reversed.

Added by Laws 1997, c. 402, § 33, eff. July 1, 1997.  Amended by Laws 2000, c. 384, § 21, eff. Nov. 1, 2000; Laws 2002, c. 314, § 6, eff. Nov. 1, 2002; Laws 2007, c. 140, § 6, eff. Nov. 1, 2007.