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CP and Obligor Screening Process for Civil Contempt

If, after a review of Oklahoma State Information System (OSIS), databases, and the file and case history, it is determined there is not enough information to proceed with contempt, generate and mail the following documents:

  • Cover Letter– Custodial Parent (CP) Request for Information;
  • CP Request for Information;
  • Cover Letter– Non Custodial Parent (NCP) Request for Information; and
  • NCP Request for Information.

The CP documents should be sent via the initiating state if the case is an incoming intergovernmental referral.

If the CP or obligor is represented by counsel, send the screening documents to his or her attorney. Review the article on, ’Determining Whether a Customer is Represented by an Attorney.’

If that party is not represented by an attorney, send screening documents directly to the CP and the obligor, unless one of the following exceptions applies.

Exceptions

The screening documents are not required if:

  • The file already contains completed CP or NCP Request for Information questionnaires for that party received within the past six months;
  • The child support order was entered six months previously or less based on information provided by the obligor at the time, and review of the case indicates that the obligor’s circumstances have not changed; or
    Example: Obligor is still working for the same employer or is in the same line of work as when the order was established.
  • The case is an active juvenile deprived case. Instead, substitute an eKIDS query and read the “Contacts” section for relevant information concerning the parents’ income and circumstances.

If documents are not returned by the:

  • Obligor within ten days, the contempt action may still be filed based on the CP Request for Information questionnaire responses or other information. Discuss the Contempt Screening Checklist with the State’s Attorney to determine whether to proceed with filing a contempt action.
  • CP within ten days, determine if the contempt action may still be filed based on other information. If so, you may not need CP’s cooperation. If cooperation is not required and a contempt action appears otherwise appropriate, discuss the Contempt Screening Checklist with the State’s Attorney to determine whether to proceed with the contempt process. If the review of the screening information shows you cannot proceed without the CP’s questionnaire, then CP’s cooperation is required. Sanction the CP for noncooperation.

Legal Authority
See Civil Contempt Legal Authority