Oklahoma § 21-566.1 - Noncompliance with child support order - Indirect civil

§ 21-566.1. Noncompliance with child support order - Indirect civil

contempt.

A. When a court of competent jurisdiction has entered an order

compelling a parent to furnish child support, necessary food,

clothing, shelter, medical support, payment of child care expenses,

or other remedial care for the minor child of the parent:

1. Proof that:

a.

the order was made, filed, and served on the parent,

b.

the parent had actual knowledge of the existence of

the order,

c.

the order was granted by default after prior due

process notice to the parent, or

d.

the parent was present in court at the time the order

was pronounced; and

2. Proof of noncompliance with the order,

Oklahoma Statutes - Title 21. Crimes and Punishments

shall be prima facie evidence of an indirect civil contempt of

court.

B. 1. In the case of indirect contempt for the failure to

comply with an order for child support, child support arrears, or

other support, punishment shall be, at the discretion of the court:

a.

incarceration in the county jail not exceeding six (6)

months, or

b.

incarceration in the county jail on weekends or at

other times that allow the obligor to be employed,

seek employment or engage in other activities ordered

by the court.

2. Punishment may also include imposition of a fine in a sum

not exceeding Five Hundred Dollars ($500.00).

3. In the case of indirect contempt for the failure to comply

with an order for child support, child support arrears, or other

support, if the court finds by a preponderance of the evidence that

the obligor is willfully unemployed, the court may require the

obligor to work two (2) eight-hour days per week in a community

service program as defined in Section 339.7 of Title 19 of the

Oklahoma Statutes, if the county commissioners of that county have

implemented a community service program.

C. 1. During proceedings for indirect contempt of court, the

court may order the obligor to complete an alternative program and

comply with a payment plan for child support and arrears. If the

obligor fails to complete the alternative program and comply with

the payment plan, the court shall proceed with the indirect contempt

and shall impose punishment pursuant to subsection B of this

section.

2. An alternative program may include:

a.

a problem-solving court program for obligors when

child support services under the state child support

plan as provided in Section 237 of Title 56 of the

Oklahoma Statutes are being provided for the benefit

of the child. A problem-solving court program is an

immediate and highly structured judicial intervention

process for the obligor and requires completion of a

participation agreement by the obligor and monitoring

by the court. A problem-solving court program differs

in practice and design from the traditional

adversarial contempt prosecution and trial systems.

The problem-solving court program uses a team approach

administered by the judge in cooperation with a child

support state's attorney and a child support court

liaison who focuses on removing the obstacles causing

the nonpayment of the obligor. The obligors in this

program shall be required to sign an agreement to

participate in this program as a condition of the

Oklahoma Statutes - Title 21. Crimes and Punishments

Department of Human Services agreement to stay

contempt proceedings or in lieu of incarceration after

a finding of guilt. The court liaisons assess the

needs of the obligor, develop a community referral

network, make referrals, monitor the compliance of the

obligor in the program, and provide status reports to

the court, and

b.

participation in programs such as counseling,

treatment, educational training, social skills

training or employment training to which the obligor

reports daily or on a regular basis at specified times

for a specified length of time.

D. In the case of indirect contempt for the failure to comply

with an order for child support, child support arrears, or other

support, the Supreme Court shall promulgate guidelines for

determination of the sentence and purge fee. If the court fails to

follow the guidelines, the court shall make a specific finding

stating the reasons why the imposition of the guidelines would

result in inequity. The factors that shall be used in determining

the sentence and purge fee are:

1. The proportion of the child support, child support arrearage

payments, or other support that was unpaid in relation to the amount

of support that was ordered paid;

2. The proportion of the child support, child support arrearage

payments, or other support that could have been paid by the party

found in contempt in relation to the amount of support that was

ordered paid;

3. The present capacity of the party found in contempt to pay

any arrearages;

4. Any willful actions taken by the party found in contempt to

reduce the capacity of that party to pay any arrearages;

5. The past history of compliance or noncompliance with the

support order; and

6. Willful acts to avoid the jurisdiction of the court.

Added by Laws 2008, c. 407, § 13, eff. Nov. 1, 2008. Amended by

Laws 2013, c. 28, § 1, eff. Nov. 1, 2013.