Baby assist encounters of the employer variety | McAfee & Taft

Child support in Oklahoma is governed by state law, enforced by courts and authorities, and often affects employer programs and payrolls. Child support includes parental allowance and the provision of services. The employer’s health insurance company can issue court orders to extend employee coverage to offspring (at the expense of the employee), which is also effective outside the enrollment season. Employers are then prevented from deregistering or abolishing prescribed health care for children without special circumstances. Employers may also receive a national medical assistance notice (from a child benefit agency) instructing the admission of a worker’s child into health insurance and a fine of up to $ 200 per month per child for failure to comply. (Most importantly, no fines should be imposed if the parent / employee fails to collect the required insurance premium.)

With regard to child support, the courts calculate the mandatory payment amount of a parent using a formula that weighs the gross income of the parents against the number of nights the child has spent per parent. Based on this calculation, courts can order an immediate assignment of income or seize an employee’s regular wages. The seizure or assignment of income can amount to up to 50% of the available monthly earnings if the employee has a spouse or another child, or up to 60% of the earnings if there is no spouse or other dependent child.

If an employer receives a notice of income assignment along with a national medical assistance notice and the garnished wage is insufficient to pay all required amounts without exceeding the statutory garnishment limits of 50% or 60%, the payer / employer can choose the payment priority such as assign as follows: follows: 1) current child and spouse maintenance, 2) health insurance premiums, 3) past maintenance arrears and 4) other maintenance obligations. (Alternatively, the attached employee can allow an additional salary to be attached beyond the limits to cover bonuses.)

Oklahoma child support also applies to adult disabled children whose child support is not governed by the formula used for minors. Instead, the courts take into account the individual needs of the disabled adult child as well as the financial support available. In practice, the courts will examine the amount of the adult child’s medical or living expenses, their own labor income, the adult child’s right to government assistance, and other income available to the child, including from a parental home where the child lives .

This article appeared in the June 10, 2021 issue of The Journal Record. Reprinted with the publisher’s permission. © The Journal Record Publishing Co.

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