Introduction
Hi, I’m Lindsay McDowell, Mayes County attorney with Wirth Law Office. Are you owed outstanding child support? There are generally two methods for obtaining outstanding child support. It’s called indirect contempt or civil contempt or an income assignment. Now this is going to be a two-part video. Part one, we’re going to discuss civil contempt.
What Is Civil Contempt?
Civil contempt is an option. So long as one of your children is still under the age of 18 now it can be used for child support that is past due as well as future child support. The good thing about civil contempt is that it gives you leverage against the other parent who owes you child support because there can be up to a six-month jail sentence and or a $500 fine on top of what they already owe you.
Now for the process of civil contempt, first you have to file an application where you’re asking the court to find the other parent has been in contempt for owing you funds under child support. You file that with the court and then you also ask the court for an order finding a good basis for their failure to pay and the fact that they owe you those funds. The court will enter an order or a contempt citation directing the parent to appear before the court and explain why they haven’t made child support payments.
The Court Process
At that time the parent can either enter a plea finding themselves guilty and requesting that a fee arrangement be made or they can choose to go forward with a jury trial or a case or trial before the judge. Now if that happens, we would conduct discovery requesting documentation of why the parent failed to pay child support, and then up to that time that parent can still enter and change their plea from not guilty to guilty, just like if you were in a criminal case.
Oftentimes a parent will negotiate with the parent who’s seeking contempt, trying to reach an agreement for payment of the outstanding child support. If that happens, usually the parent will enter a plea of guilty, and then we’ll present that we’ve reached an agreement and ask the court to schedule a hearing or review date in the future. That allows the parent who owes child support to comply with the agreement and make payments.
Compliance and Consequences
We’ll appear back before the judge and show them that the parent is making those payments and then they’ll allow them up to generally three years. But if there’s an agreement in the plea agreement between both parents, they can sometimes allow them even more time to make payments depending on how much outstanding child support is due. Now if the parent fails to comply with the agreement, then on a hearing date the court could determine that they must be found guilty, and then they would have to potentially serve time in jail for failure and or pay that fine on top of what they’re still owed. So, um, it’s a process, but it’s also one of the best ways to ensure that past child support is paid because you have that threat of jail time.
Get Your Child Support Paid
Now civil contempt can also be used for past due child support and the order can also address child support that will be owed in the future. It’s a lot to take in and I’m happy to answer questions you may have about this matter. You can reach me at (918) 932-2862. I’m Lindsay McDowell, a child support lawyer in Pryor, Oklahoma with Wirth Law Office.
Free Consultation: Call Now
If you need help with your child support case, don’t hesitate to reach out for a free consultation. Call (918) 932-2862 today and let’s discuss your situation. We’re here to help you get the child support you deserve.