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Indirect contempt of court, occurs when a person willfully disregards or disobeys an order outside the presence of a judge. It carries with it up to six months in county jail. Indirect contempt is one of several ways to collect child support or alimony in the state of Oklahoma.
Modifying child support on your own, known as a pro se modification, is an option that allows you to initiate the process independently. To begin, visit the court that issued the initial child support order and request the necessary paperwork for modification.
You can do it yourself through a Pro Se Modifiation process. You can request a Pro Se Modification packet by calling the OK DHS CSS CARE Call Center at 1-800-522-2922.
If the Court finds that the Petition sets forth factual allegations which support a finding of contempt, it shall set the matter for hearing and order that Notice be given to Respondent alleged to have committed contempt.
This Constitutional guarantee also provides that an individual charged with a crime has the right to waive representation by legal counsel, and proceed to trial representing himself/herself, and act as his/her own attorney.
If a parent is held in contempt, he or she may receive a jail sentence, which typically lasts between 30 to 90 days. The purpose of the sentence is to encourage payment, so the delinquent parent can get out of jail by paying an agreed-upon amount of his or her support obligation, usually in one lump sum.
A contempt is indirect when it occurs out of the presence of the court, thereby requiring the court to rely on the testimony of third parties for proof of the offense. It is direct when it occurs under the court's own eye and within its own hearing.
The first step is to make sure an existing court order has been violated. Once the violation is established your attorney will prepare an Application for Contempt and set an arraignment date. At the arraignment the party charged with contempt will plead either guilty or not guilty.