Rule 8.3.Indirect Contempt for Failure to Pay Child Support - Purge Fee
Rules for District Courts of Oklahoma · Last amended August 1, 2013 · Last verified September 24, 2026
Full Text of Rule 8.3
Amendment History
Adopted by order of Feb. 4, 1994, eff. March 28, 1994. Amended by order of the Supreme Court, 2013 OK 68, eff. August 1, 2013
Plain-English Summary
Rule 8.3 answers a practical question: once a person has been found guilty of indirect contempt for failing to pay child support, day care, or unreimbursed medical, dental, orthodontic, psychological, optometric, or other physical or mental health expenses, what does it take to purge the contempt? The rule gives an arithmetic answer rather than a discretionary one.
Two things must happen together. The contemnor must make all future payments as the current support order requires, and must address the arrearage — by paying all or part of it as a lump sum if the court determines the financial ability is there, and, if the full amount is not paid in a lump sum, by making additional monthly payments equal to half the current monthly child support obligation, excluding day care. Those additional payments reduce the arrearage that was the subject of the contempt and bear interest as set out in Title 43 O.S. § 114.
A ceiling governs the total. Payments required under the future-support and installment provisions together may not exceed 40% of the contemnor's current gross monthly income, computed under the child support provisions of Title 43. If they would, the installment payment is reduced until the total equals 40%. If applying that cap stretches the payout beyond three years, Title 43 O.S. § 137C applies. Payments continue until the arrearage is paid in full, at which point the contempt is deemed purged.
The rule also governs release from custody. A contemnor committed to the sheriff may be discharged only on payment in full of the adjudicated arrearage, on serving the full sentence, or under a later agreement of the parties approved by the court with a release order suspending the balance of the sentence on the agreement's terms. Persons incarcerated under the rule get no credit for good time, blood time, trustee time, or any other credit for time served, and serve flat time in all cases.
Frequently Asked Questions
How do I purge a child support contempt in Oklahoma?
By keeping all future payments current under the existing support order and dealing with the arrearage — paying all or part of it as a lump sum if the court finds you able, and covering whatever is not paid that way with additional monthly payments equal to half your current monthly child support obligation, excluding day care. The contempt is deemed purged when the arrearage is paid in full.
Is there a limit on how much I can be ordered to pay each month?
Yes. The total required under the future-support and installment provisions may not exceed 40% of your current gross monthly income, determined under the child support provisions of Title 43. If the total would exceed that, the installment payment is reduced until the total equals 40%.
What if paying at that rate would take more than three years?
The rule says that if applying the 40% cap creates a payout schedule exceeding three years, the terms and provisions of Title 43 O.S. § 137C apply.
If I am jailed for the contempt, how do I get out?
Only on payment in full of the adjudicated arrearage, on serving the full sentence, or under a later agreement of the parties that the court approves, with an order releasing you and conditionally suspending the balance of the sentence on the agreement's terms.
Do I earn good time credit while serving a contempt sentence under this rule?
No. The rule states that persons incarcerated under it are not entitled to credit for good time, blood time, trustee time, or any other credit for time served, and serve flat time in all cases.