Enforcement  Contempt

Next Step for further enforcement before jail time.

Next Step for further enforcement

Workers complete an arrearage computation, verify the total arrears amount, and calculate the amount due for the contempt time period based on the instructions provided.

List of Mandatory and optional documents used to assist in Civil contempt cases.

Defenses presented for civil contempt proceedings.

To determine if parties are represented, workers review OSIS and other databases for an attorney of record or other evidence of representation.

The Process for screening the CP and Obligor for civil contempt.

If the court finds the obligor guilty after a hearing, a judgment is entered and immediate execution of sentence may be requested.

Court proceedings may be discontinued at any time at the State’s Attorney’s discretion. At any court appearance where the obligor […]

Overview of civil contempt.

List of pleadings documents used by Child Support Specialists for Civil Contempt.

What to do if the obligor has been found guilty or not guilty of contempt

After the Contempt Pleading Packet has been filed, it must be served upon the obligor or obligor’s attorney. Without proper service, the case cannot move forward.

At sentencing, the court determines whether the obligor should be imprisoned or if other purge conditions should be set to compel compliance as an alternative to imprisonment.

Documents needed for the Contempt Pleading Packet

Instead of having a trial, the obligor may waive the right to a trial and enter into a plea agreement.

The purpose of the State's Attorney's legal review.

A list of what is included in the Judgement on Contempt

If the court finds the obligor not guilty, a judgment is entered stating that the obligor was found not to be in contempt.

In order to meet its burden of proof, Child Support Services (CSS) must prove each of the elements of civil contempt by clear and convincing evidence.

When there has been proper service and the obligor fails to appear at court, Child Support Services (CSS) requests a Bench Warrant be issued.

The purpose of the arraignment is for the judge to explain the proceedings to the obligor and advise the obligor of his or her rights.

Why preserving the record is so important during contempt proceedings

Which authorities govern how Child Support Services pursues civil contempt for child support

As part of the screening process, Child Support Services (CSS) workers find information regarding the obligor's ability to pay child support, both during the contempt time period and at present. Workers consult a variety of sources, including OSIS, Westlaw, Family Assistance/Client Service (FACS), Oklahoma State Court Network (OSCN) and On Demand Court Records (ODCR).

Using contempt as an enforcement remedy.

Brief Executive Summary for Civil Contempt.

The two distinct questions that must be answered in order to successfully pursue contempt