{"data":{"id":"us-ok/okla.-stat.-tit.-21-21-566.1","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 21, § 21-566.1","heading":"Noncompliance with child support order - Indirect civil","body":"contempt.\n\nA. When a court of competent jurisdiction has entered an order\n\ncompelling a parent to furnish child support, necessary food,\n\nclothing, shelter, medical support, payment of child care expenses,\n\nor other remedial care for the minor child of the parent:\n\n1. Proof that:\n\na. the order was made, filed, and served on the parent,\n\nb. the parent had actual knowledge of the existence of\n\nthe order,\n\nc. the order was granted by default after prior due\n\nprocess notice to the parent, or\n\nd. the parent was present in court at the time the order\n\nwas pronounced; and\n\n2. Proof of noncompliance with the order,\n\nshall be prima facie evidence of an indirect civil contempt of\n\ncourt.\n\nB. 1. In the case of indirect contempt for the failure to\n\ncomply with an order for child support, child support arrears, or\n\nother support, punishment shall be, at the discretion of the court:\n\na. incarceration in the county jail not exceeding six (6)\n\nmonths, or\n\nb. incarceration in the county jail on weekends or at\n\nother times that allow the obligor to be employed,\n\nseek employment or engage in other activities ordered\n\nby the court.\n\n2. Punishment may also include imposition of a fine in a sum\n\nnot exceeding Five Hundred Dollars ($500.00).\n\n3. In the case of indirect contempt for the failure to comply\n\nwith an order for child support, child support arrears, or other\n\nsupport, if the court finds by a preponderance of the evidence that\n\nthe obligor is willfully unemployed, the court may require the\n\nobligor to work two (2) eight-hour days per week in a community\n\nservice program as defined in Section 339.7 of Title 19 of the\n\nOklahoma Statutes, if the county commissioners of that county have\n\nimplemented a community service program.\n\nC. 1. During proceedings for indirect contempt of court, the\n\ncourt may order the obligor to complete an alternative program and\n\ncomply with a payment plan for child support and arrears. If the\n\nobligor fails to complete the alternative program and comply with\n\nthe payment plan, the court shall proceed with the indirect contempt\n\nand shall impose punishment pursuant to subsection B of this\n\nsection.\n\n2. An alternative program may include:\n\na. a problem-solving court program for obligors when\n\nchild support services under the state child support\n\nplan as provided in Section 237 of Title 56 of the\n\nOklahoma Statutes are being provided for the benefit\n\nof the child. A problem-solving court program is an\n\nimmediate and highly structured judicial intervention\n\nprocess for the obligor and requires completion of a\n\nparticipation agreement by the obligor and monitoring\n\nby the court. A problem-solving court program differs\n\nin practice and design from the traditional\n\nadversarial contempt prosecution and trial systems.\n\nThe problem-solving court program uses a team approach\n\nadministered by the judge in cooperation with a child\n\nsupport state's attorney and a child support court\n\nliaison who focuses on removing the obstacles causing\n\nthe nonpayment of the obligor. The obligors in this\n\nprogram shall be required to sign an agreement to\n\nparticipate in this program as a condition of the\n\nDepartment of Human Services agreement to stay\n\ncontempt proceedings or in lieu of incarceration after\n\na finding of guilt. The court liaisons assess the\n\nneeds of the obligor, develop a community referral\n\nnetwork, make referrals, monitor the compliance of the\n\nobligor in the program, and provide status reports to\n\nthe court, and\n\nb. participation in programs such as counseling,\n\ntreatment, educational training, social skills\n\ntraining or employment training to which the obligor\n\nreports daily or on a regular basis at specified times\n\nfor a specified length of time.\n\nD. In the case of indirect contempt for the failure to comply\n\nwith an order for child support, child support arrears, or other\ntus reports to\n\nthe court, and\n\nb. participation in programs such as counseling,\n\ntreatment, educational training, social skills\n\ntraining or employment training to which the obligor\n\nreports daily or on a regular basis at specified times\n\nfor a specified length of time.\n\nD. In the case of indirect contempt for the failure to comply\n\nwith an order for child support, child support arrears, or other\n\nsupport, the Supreme Court shall promulgate guidelines for\n\ndetermination of the sentence and purge fee. If the court fails to\n\nfollow the guidelines, the court shall make a specific finding\n\nstating the reasons why the imposition of the guidelines would\n\nresult in inequity. The factors that shall be used in determining\n\nthe sentence and purge fee are:\n\n1. The proportion of the child support, child support arrearage\n\npayments, or other support that was unpaid in relation to the amount\n\nof support that was ordered paid;\n\n2. The proportion of the child support, child support arrearage\n\npayments, or other support that could have been paid by the party\n\nfound in contempt in relation to the amount of support that was\n\nordered paid;\n\n3. The present capacity of the party found in contempt to pay\n\nany arrearages;\n\n4. Any willful actions taken by the party found in contempt to\n\nreduce the capacity of that party to pay any arrearages;\n\n5. The past history of compliance or noncompliance with the\n\nsupport order; and\n\n6. Willful acts to avoid the jurisdiction of the court.","path":["OK Code","Title 21"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os21.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"f1d7d5e95b1fe29feca9c68aca3543262764e1f2128e3871910137081d749446","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-21-21-566","next":"us-ok/okla.-stat.-tit.-21-21-567"},"notice":"GroundRules: Original legal text. Not legal advice."}