- OCSE AT-12-01, Turner v. Rogers Guidance
- OCSE IM-12-01, Alternatives to Incarceration
- 12 O.S. App. Rules for District Courts of Oklahoma § Rule 8.3, Indirect Contempt for Failure to Pay Child Support – Purge Fee
At any court appearance where the obligor is facing immediate incarceration or imposition of a fine, whether requested by CSS or on the court’s own motion, the court must set purge conditions at the time of execution of sentence.
- The purge conditions may be presented to the court as an agreement between CSS and the obligor.
- If no agreement is reached as to the purge conditions, the State’s Attorney requests the court conduct an evidentiary hearing on obligor’s present ability to pay a purge fee.
At the hearing, the State’s Attorney offers evidence or elicits information from the obligor or witnesses relevant to the present ability to pay a purge fee. The State’s Attorney then requests a purge fee be set in accordance with the evidence, or other purge conditions set as appropriate.
It is important for the State’s Attorney to be sure the record reflects that:
- CSS elicited or offered evidence about the obligor’s current ability to purge, and
- CSS’s request for a particular purge fee or method is supported by that evidence.