Legal Authority:
43 O. S. § 137 – Past Due Support Payments as Judgment – Arrearage Payment Schedule
OAC 340:25-5-140. Past support
Any payment of child support that is ordered through any order, judgment, or decree of the district court or an administrative order of the OKDHS is, on or after the date it becomes past due, a judgment by operation of law. Judgments for past due support shall:
- Have the full force and effect of any other Oklahoma judgment, including the ability to be enforced by any method available under the laws of Oklahoma to enforce and collect money judgments, and
- Be entitled to full faith and credit as a judgment in this state and any other state.
A child support judgment shall not become dormant for any purpose, except that it shall cease to be a lien upon real property five (5) years from the date it is filed of record with the county clerk in the county where the property is located, unless the judgment lien is extended in accordance with subsection C of Section 759 of Title 12 of the Oklahoma Statutes.
- Except as otherwise provided by court order, a judgment for past due child support shall be enforceable until paid in full.
- An order that provides for payment of child support, if willfully disobeyed, may be enforced by indirect civil contempt proceedings, notwithstanding that the support payment is a judgment on or after the date it becomes past due. Any amounts determined to be past due by OKDHS may be enforced by indirect civil contempt proceedings.
An arrearage payment schedule set by a court or administrative order shall not exceed three (3) years, unless imposition of a payment schedule would be unjust, inequitable, unreasonable, or inappropriate under the circumstances, or not in the best interests of the child or children involved. When making this determination, reasonable support obligations of either parent for other children in the custody of the parent may be considered. If an arrearage payment schedule that exceeds three (3) years is set, specific findings of fact supporting the action shall be made
Note: Per OAC 340:25-5-140 ITS 3(c): CSS does not obtain judgment payments for more than $30 per month unless the evidence indicates the NCP has the ability to pay more. When determining the amount of a judgment payment, CSS staff refers to the Consistent Excellence Right Sizing Orders Guide, located in Quest, for guidance on determining the NCP’s ability to pay.