If you’re part of a child support or spousal support case in Oklahoma and receive notice that the court is going to garnish your wages, it can be confusing and stressful. Wage garnishment is a legal process where the court orders your employer to withhold part of your paycheck and send it directly to the person you owe money to—usually a custodial parent or former spouse.
Why the Court Garnishes Wages
Family court judges order wage garnishment to ensure that court-ordered support obligations are paid consistently. If you fall behind on payments, the other party or the Department of Human Services (DHS) can request garnishment as a way to enforce the support order. In some cases, the court may automatically issue a garnishment order when the support order is first entered.
Once the order is in place, your employer must legally comply by deducting the specified amount from your paycheck and sending it to the Oklahoma Centralized Support Registry or another designated agency.
How Much Can DHS Garnish?
Oklahoma follows federal and state laws that limit the amount that DHS can garnish from your paycheck. For child support or alimony, up to:
- 50% of your disposable income can be garnished if you are supporting another child or spouse.
- 60% may be garnished if you are not supporting another dependent.
- DHS may add an additional 5% if you’re more than 12 weeks behind on payments.
Your disposable income is what remains after mandatory deductions like taxes and Social Securityt.
What Happens If I Ignore the Garnishment?
Ignoring a wage garnishment notice won’t stop the process. Your employer legally has to comply, and failure to do so could subject them to penalties. If you don’t address the underlying issue, the court can take additional steps to collect support, including:
- Suspending your driver’s license or professional license
- Seizing your tax refunds
- Placing liens on your property
- Reporting the debt to credit agencies
Can I Challenge the Garnishment?
You may be able to challenge the garnishment if:
- The amount exceeds legal limits
- You’ve already paid the obligation
- There’s a mistake in the calculation
- You’ve lost your job or suffered a major financial hardship
To challenge a garnishment, you’ll need to file a motion with the court and possibly request a hearing. If your financial circumstances have changed, you may also request a modification of your support order.
Talk to an Oklahoma Family Law Attorney
Wage garnishment can significantly affect your finances, but ignoring the situation will only make things worse. Whether you need to modify your support obligation or stop a wrongful garnishment, contact us today at Tulsa Divorce Attorneys & Associates by calling 539-302-0303 or contact us online.