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Cash Till Taps – Alternative Enforcement

Legal Authority:

12 O. S. § 733 Nonexempt Property Subject to Payment of Debts and Liable to Be Taken on Execution and Sold

12 O.S. § 751 Levy on Goods and Chattels when No Goods and Chattels Can Be Found by the Executing Officer

Cash till tap is an alternative enforcement remedy.

Oklahoma definitions of judgments follow federal law. Past‐due child support is a judgment by operation of law and therefore can be enforced in the same manner as any other money judgment. (42 U.S.C. § 666 (9); 43 O.S. § 137) Post judgment remedies for past‐due child support payments do not require an adjudicated judgment by a district or administrative court judge. Federal statutes mandate that child support arrears must become judgments by operation of law and states cannot have laws that require judicial action in order for these arrears to become judgments. Because each missed payment is a judgment, each time a payment is missed the total of a judgment increases. Under Oklahoma law, this total judgment becomes a lien on the real and personal property of the NCP.


Individual NCPs

For a person who owes a child support judgment and who operates his/her own business that takes in cash or checks, a “cash till tap” may be used to levy against cash on hand.  The Writ of Execution should describe the property as the cash and checks found in the till of the business.  The bonded peace officer will then take all of the cash and checks out of the cash register and deliver them to the CSS local office.  The office then follows CSS cash handling procedures for deposit and distribution to the child support case.  Since the implementation of the Centralized Support Receiving Unit (SRU), any cash must be converted to a cashier’s check or money order and sent to the SRU for deposit. Examples of individuals or businesses where this procedure can be used are: restaurants, waitresses, bartenders, hairdressers/barbers, sole proprietor of a business, etc.


Employers

For an employer who owns a business with a cash register, and refuses to honor an income assignment for an NCP employee, this same process may be used.  A court must first issue sanctions and judgment against the employer.