Official Garnishment for Collection of Child Support
Official Garnishment for Collection of Child Support
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Child support debt does not disappear when the original support obligation terminates.If you are paying for arrears accrued while your son was a minor, you will have to continue to pay those support arrearage payments until the debt is paid off.
Oklahoma Statute of Limitations on Back Child Support Payments (Arrears) Enforcement of past due child support in Oklahoma is not subject to a Statute of Limitations.
Oklahoma Child Support Collection Most often, collection of delinquent child support payments in Oklahoma is handled by garnishing the non-paying parent's wages. That means that the delinquent amounts will be subtracted from the delinquent parent's paycheck until they are current in their payments again.
Child support back pay cannot be totally forgiven or waived, but there are a few situations that can help you handle it. Double-check the amount the court states you are in arrears.Back pay does accrue interest but, in some cases, you may not have to pay all of it. You can request a manageable payment schedule.
Oklahoma law limits the amount that a creditor can garnish (take) from your wages for repayment of debts. The Oklahoma wage garnishment laws (also called wage attachments) protect the same amount of wages as the federal wage garnishment laws. For the most part, creditors with judgments can take only 25% of your wages.
All children in Oklahoma are entitled to receive financial support from their parents until they reach 18 years of age. If a child is still in high school, child support is paid until the child graduates or turns 19 years of age, whichever happens first.
So, how far back can you go? Generally, the Supreme Court indicated you can usually go back 3 years for retroactive child support (based primarily on the timeline for financial disclosure obligations set out in the federal and provincial Child Support Guidelines).
The law allows employers to garnish up to 50% of a parent's pay for past due child support, and this increases to 60% if the parent is not supporting a spouse or another child or children who aren't covered under the child support order in question.
A.) The amount by which disposable earnings exceed 30 times the federal minimum hourly wage (currently $7.25 an hour), or. b.) 25 percent of disposable earnings (after federal, state, and local taxes and retirement contributions).