§ 8-506. Employment requirement.
A. The ONCSS shall obtain an order through the Office of Administrative Hearings or Trial Court to require an unemployed or underemployed obligor to participate in a tribal or state intervention program, a tribal or state employment training or job-finding program or enter a counseling or treatment program. “Underemployment” means being employed less than full-time, or in an occupation which pays less than employment which someone with the skills and education of the obligor could be reasonably expected to earn, so that the obligor cannot meet his child support obligation.
B. Notice shall be given to the obligor that the ONCSS has reason to believe the obligor is unemployed or underemployed and the notice shall state at a minimum the following:
1. The name of the obligor, obligee, and child(ren) under the support order;
2. The obligor is in noncompliance with his or her child support order and is past-due in child support;
3. If appears that the obligor is unemployed or underemployed so that the obligor cannot meet his or her child support obligation;
4. That the obligor shall appear for a hearing before the Office of Administrative Hearings or Trial Court to show cause why the obligor should not be ordered to participate in counseling, employment training or job-finding programs or counseling and to accept available employment; and
5. If it is determined that the obligor is unemployed or underemployed, or the obligor fails to appear, an order will be entered which will require the obligor to participate in counseling, employment training or job-finding program and to accept available employment.
C. At the hearing, if the Administrative Hearings Officer or Trial Court finds the obligor is underemployed or unemployed, the court shall set forth the findings of the court and require that the obligor participate in counseling, treatment, educational training, employment training or job-finding programs and accept available employment.
D. If the obligor fails to appear at a hearing, the court shall enter an order determining if the obligor is unemployed, underemployed or in need of treatment program or counseling services.
E. The obligor may show good cause why an order should not be entered requiring the obligor to participate in counseling, treatment, educational training, employment training or job-finding programs and accept available employment. “Good cause” is defined as establishing by expert medical opinion that the person is mentally or physically unable to work or such other grounds and the ONCSS determines by regulation constitutes good cause. ONCA 12-51, eff. June 18, 2012.