§ 8-606. Purge and sentence requirements.
A. When an obligor is found guilty of indirect contempt of court for failure to pay child support or other court-ordered child support expenses such as child care, medical and dental expenses, psychological, optometric, orthodontic, or any other physical or mental health as required by the child support order, the obligor may purge the contempt by:
1. Making reasonable monthly payments for the past-due child support or by making a lump sum payment to pay off the arrearage; and
2. Continuing to make all future payments for child support and other court-ordered support.
B. A reasonable monthly payment schedule shall be set for the past-due support that considers the financial circumstances of the obligor. An obligor may also pay off the arrearage in a lump sum payment.
C. All payments made pursuant to purge shall be applied to reduce the amount of child support arrearage. When all the arrearage has been paid which is the subject of the contempt, the contempt shall be deemed purged.
D. If the obligor fails to comply with the conditions set for purging the contempt, the obligor may be found in contempt under this section and punishment imposed.
E. If an obligor is committed to the custody of the sheriff to serve a jail sentence, the jailed obligor may only be released from the custody of the sheriff:
1. Upon full payment of the adjudicated arrearage;
2. Upon serving the full sentence; or
3. Upon a subsequent agreement between the obligor and obligee for payment of the adjudicated arrearage and approved by the Trial Court, and the court releases the obligor 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 terms of the court order for release.
Persons incarcerated pursuant to this section shall serve flat time in all cases and shall not be entitled to credit for good time, blood time or trustee time. ONCA 12-51, eff. June 18, 2012.