State law changes child support enforcement

Claremore Daily Progress - 6/6/2020

Jun. 6--A new state law will scale back the consequences of missed child support payments.

The author of the legislation, State Representative Mark Lawson (R-Sapulpa), said the bill was written as an emergency measure to protect children and parents in the wake of COVID-19.

State Representative Mark Lepak (R-Claremore), one of 92 House members who participated in the unanimous approval of the bill, said the changes were made because the existing mechanisms were ineffective and counterintuitive.

Under existing law, missed child support payments can result in wage garnishments; revocation of hunting and fishing licenses; and the revocation of driver's licenses, business licenses, and professional licenses like those for lawyers.

The IRS can also intercept tax returns and stimulus checks that are issued if people owe child support.

The Oklahoma Department of Human Services is responsible for determining the consequences on a case-by-case basis.

As a result of COVID-19, Lawson said, "Many Oklahomans had been out of work, and we didn't want those who had lost their means of income and fallen behind on child support to lose their licensure because of it, and not be able to go back to work if and when a job became available."

"Number one, it doesn't seem to be effective, but then number two, it's counterintuitive," Lepak said. "Your means of making a living, and getting back and forth to work so you can make a living, so that you can pay this child support, that has to be left intact."

"We had so many people who were suddenly out of work," Lawson said. "We wanted to make sure we didn't make a bad situation worse."

The new law removes the possibility of having business, professional, and driver's licenses revoked for failure to pay child support. Other methods to enforce child support payment like wage garnishment, rerouting tax returns, and revoking hunting and fishing licenses remain intact.

"We have a lot of people struggling to make ends meet," Lepak said. "There are a lot of reasons to end up with disputes over child support."

Ultimately, Lepak said, "It is the best thing for the kid, and the person who has custody of the kid, not to take away the ability of the person who is supposed to be supporting them to make a living."

Before serving in state government, Lawson had an extensive background in family and children's issues as a nurse tech in pediatrics, work with the Youth Services of Tulsa Safe Place program, and volunteerism with Youth Services of Creek County and Creek County CASA (Court Appointed Special Advocates).

"My primary focus since I've been elected is protecting our families and children in Oklahoma," Lawson said. "Because of the virus and this new reality we are all under, we wanted to do something to not punish parents who were out of work, through no fault of their own."

"If a parent owes child support, this bill does not get them off the hook for paying child support," Lawson said. "If a parent owes child support, I believe that they should pay it, but I don't believe that we should be revoking their licensure for circumstances that are beyond their control."

The new law goes into effect November 1, 2020.

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