Reviewed Content on May 29, 2024
State and federal authorities that govern how Child Support Services pursues civil contempt for child support, including Oklahoma Statutes, Oklahoma Rules of Professional Conduct, District Court Rules, Oklahoma Administrative Code, state and federal case law, and federal Office of Child Support Enforcement guidance.
Oklahoma Statutes
- 12 O.S. § 68, Appearance Bond –Right to Enforce
- 21 O.S. § 565, Definition of Direct Contempt and Indirect Contempt
- 21 O.S. § 566, Failure to Comply with Orders
- 21 O.S. § 566.1,Indirect Contempt for Failure to Comply with Order for Child Support, Child Support Arrears, or Other Support
- 43 O.S. § 139.1, Revocation, Suspension, Non issuance or Nonrenewal of License for Noncompliance with Support Order
- 43 O.S. § 140, Problem-Solving Court Program
- 56 O.S. § 240.10, Requirement of Child Support Obligor’s to Maintain Gainful Employment –Underemployed Defined –Notice to Obligor
Rules of Professional Conduct
District Court Rules
- 12 O.S. App. Rules for District Courts of Oklahoma § Rule 8.3, Indirect Contempt for Failure to Pay Child Support–Purge Fee
- 12 O.S. App. Rules for District Courts of Oklahoma §Rule 29, Indigent Defendant in Civil Contempt Action–Right to Counsel–Attorney Fees
Oklahoma Administrative Code
Caselaw
- Turner v. Rogers, 564 US. 431, 131 S. Ct. 2507 (2011).
- Hicks v. Feiock, 485 U.S 624, 108 S. Ct. 1423 (1988).
- Walker v. McLain, 768 F.2d 1181.
- Clark v. Most Worshipful St. John’s Grand Lodge of Ancient Free and Accepted Masons of Okla., 181 P.2d 229.
- Davis v. Davis, 739 P.2d 1029.
- Henry v. Schmidt, 91 P.3d 651.
- Whillock v. Whillock, 550 P.2d 558.
Federal Office of Child Support Enforcement
Definitions
Below are defined words and phrases used in the context of civil contempt for child support, including appearance bond, indirect contempt of court, purge, purge conditions, and willful.
Appearance bond means a requirement to post some kind of security to assure appearance for a court hearing at a later date. It may be by surety, cash bond, or the judge may release the obligor on his or her own recognizance.
Indirect contempt of court means “willful disobedience of any process or order lawfully issued or made by court; resistance willfully offered by any person to the execution of a lawful order or process of a court.”
Purge means that the obligor has corrected the conditions that made him or her guilty of indirect contempt of court or taken other action agreed upon by the parties or ordered by the court so that he or she is no longer in contempt for that time period.
Purge conditions means a plan through which an obligor meets requirements to end the contempt citation pursuant to District Court Rule 8.3. This plan may include paying the current support, if applicable, and all or a portion of the arrearage through a monthly payment or a lump sum purge fee. This plan may also include alternative sentencing options or other court-ordered requirements.
Willful in the context of child support contempt actions, willful means failure to do that which a person was ordered to do when he or she had the means and ability to do so.
Additional Resources:
You may access the CSQuest article Documents Used in Civil Contempt Cases to find additional information about contempt documents and the Contempt User Guide.
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The accuracy of this CSQuest Article is up to date as of 5/29/24.