§ 8.3.Indirect Contempt For Failure to Pay Child Support - Purge Fee

Chapter 2: General Provisions · Last amended August 1, 2013 · Last verified August 3, 2026

In one sentenceSection 8.3 lets a person jailed for indirect contempt over unpaid child support purge the contempt by resuming current payments and paying down the arrearage, caps the combined payments at 40% of gross monthly income, and denies credit for good time to anyone jailed under the section.

Full Text of § 8.3

Text sizeJump to: (a) (b) (c) (b) (d) (e)

When a person is found guilty of indirect contempt of court for failure to pay child support, day care expenses or unreimbursed medical, dental, orthodontic, psychological, optometric, or any other physical or mental health expenses, that person may purge the contempt by:

(a) Making all future payments for child support, day care expenses and unreimbursed medical, dental, orthodontic, psychological, optometric, or any other physical or mental health expenses as required by the current order for child support; and

(b)

(1) paying the full amount of the arrearage, or some portion thereof, as a lump sum if the court determines the contemnor has the financial ability to do so, and

(2) if the full amount of the arrearage is not paid in a lump sum, then by making additional monthly payments in an amount equal to one-half of the current monthly child support obligation, exclusive of day care expenses.

All payments made pursuant to this Subsection (b)(2) shall be applied to reduce the amount of child support arrearage which was the subject of the contempt action. Payments made in accordance with the provisions of this Subsection (b)(2) shall bear interest as set forth in Title 43

O. S. § 114.

(c) The total amount of the payments required to be made pursuant to Subsections (a) and (b) above shall not exceed 40% of the contemnor's current gross monthly income. For purposes of this Subsection, the contemnor's gross income shall be determined in accordance with the child support provisions contained in Title 43. If the total amount of the payments required to be made pursuant to Subsections (a) and (b)(2) above exceeds 40% of the contemnor's gross monthly income, then the amount required to be paid under Subsection (b)(2) above shall be reduced such that the total payments required under Subsections (a) and

(b) (2) shall equal 40% of the contemnor's gross monthly income. If application of this Subsection (c) creates a payout schedule which exceeds three years, then the terms and provisions of Title 43 O.S. § 137 C shall apply.

(d) The payments required to be made pursuant to this section shall continue until the child support arrearage, which was the subject of the contempt action, has been paid in full, at which time the contempt shall be deemed purged.

(e) If a contemnor is committed to the custody of the sheriff to serve the sentence imposed by the court, the contemnor may thereafter only be discharged from the custody of the sheriff:

(1) upon payment in full of the adjudicated arrearage; or

(2) upon serving the full sentence; or

(3) upon the making of a subsequent agreement by the parties as to payment of the arrearages, which agreement has been approved by the court and entry of a court order that the contemnor be released from the custody of the sheriff with the balance of the sentence to be conditionally suspended, subject to performance of the terms of the agreement and the provisions of the court order for release. Persons incarcerated pursuant to the provisions of this Section shall not be entitled to credit for good time, blood time, trustee time, or any other credit for time served. Persons incarcerated pursuant to the provisions of this section shall serve flat time in all cases.

End

Amendment History

Adopted by order of Feb. 4, 1994, eff. 3/28/1994. Amended by order of the Supreme Court, 2013 OK 68, eff. 8/1/2013.

Plain-English Summary

Section 8.3 spells out exactly how someone jailed for indirect contempt over unpaid child support, day care, or medical expenses can purge that contempt and get out. First, the contemnor has to keep making the current, ongoing support payments in full. Second, the contemnor has to address the arrearage: paying it off in a lump sum if the court finds the ability to do so, and if not, adding monthly payments equal to half the current monthly child support obligation until the arrearage is gone. Those extra payments reduce the arrearage and draw interest under 43 O.S. § 114.

The section caps the total bite: the combined current payment and arrearage payment can’t take more than 40% of the contemnor’s gross monthly income, calculated the same way Title 43’s child support provisions calculate it. If the math would push the payout past three years, the section defers to 43 O.S. § 137(C) instead. Payments continue until the arrearage tied to the contempt is paid off, at which point the contempt is purged.

If the court jails the contemnor with the sheriff, release comes only three ways: paying the arrearage in full, serving the full sentence, or reaching a court-approved agreement that suspends the rest of the sentence on the contemnor’s compliance. Section 8.3 also denies anyone jailed under it credit for good time, blood time, trustee time, or any other time credit — they serve flat time.

Frequently Asked Questions

How can someone jailed for contempt over unpaid child support get released early?

Section 8.3 lets the contemnor purge the contempt by resuming full current support payments and paying down the arrearage, either in a lump sum or through added monthly payments equal to half the current child support obligation.

Is there a cap on how much a person has to pay to purge child support contempt in Oklahoma?

Yes. Section 8.3 limits the combined current and arrearage payments to 40% of the contemnor’s gross monthly income, and reduces the arrearage payment if the total would otherwise exceed that share.

Can someone jailed under Section 8.3 earn good time credit?

No. Section 8.3 says persons incarcerated under the section aren’t entitled to credit for good time, blood time, trustee time, or any other time credit, and must serve flat time.

What happens if the 40% cap would stretch payments beyond three years?

Section 8.3 says that if applying the 40% cap creates a payout schedule longer than three years, the terms of 43 O.S. § 137(C) apply instead.

Besides paying the arrearage in full, how else can a contemnor get out of jail under Section 8.3?

Section 8.3 also allows release upon serving the full sentence, or through a court-approved agreement on paying the arrearage that suspends the remaining sentence subject to the contemnor keeping the agreement.

Source & verification. Section text is reproduced verbatim from Title 12 of the Oklahoma Statutes, enacted by the Oklahoma Legislature. Last verified August 3, 2026. · Official source

Also known as: purge child support contempt oklahomaindirect contempt child support jail40 percent income cap child support arrearageflat time child support contempt