DCR 3.405 Standards for Child Support Dockets
A. Delinquent Payments The obligor may be served with an "Order to Appear for Hearing in Aid of Execution" if he/she is at least two full months delinquent in support payments.
B. Service of Process Obligors shall be served with an "Order to Appear for Hearing in Aid of Execution" requiring the obligor to appear to give information at the docket held at the Expocentre. This order may be served by first class mail. The proceeding held pursuant to this order shall permit the enforcement agency to gather information for the purpose of collecting support payments. If the obligor fails to appear for examination as ordered, the obligor may be cited in contempt for failure to appear. These citations shall be personally served and shall be called at the Expocentre, as similar limited actions cases are handled. Absent a judicial finding to the contrary, submitting to the examination shall purge this contempt. If collection efforts fail and the movant deems the case an appropriate one for contempt charges for failure to pay as defined in these rules, then the movant may file a Motion and Affidavit in Contempt and the debtor shall be personally served with a "Citation in Contempt" for hearing at the Shawnee County Courthouse.
Failure to pay as contemplated in this rule means (a) an arrearage of at least three (3) full months payments and (b) that the support obligor has assets or the ability to pay the support obligation but has deliberately, willfully and without good cause, failed to pay or take reasonable action to make payments. Repeated failures to appear (3 or more times in a 12 month period) may also constitute a basis for filing a Motion and Affidavit in Contempt.
C. Summons and Six Month Continuing Review Notice Obligors will be ordered to appear at the Expocentre on a continuing monthly basis until dismissed from the docket, or ordered to appear for a contempt trial. The obligor shall check in with the clerk when he/she appears at the Expocentre and shall present himself/herself to the appropriate enforcement agency(ies) for examination. Each monthly appearance date for continuing review shall be listed on an "Order to Appear for Review" which the clerk shall provide to the obligor at the obligor's initial appearance. This notice and order shall plainly state that the obligor need not appear if his/her full payment has been made prior to the hearing. Obligors who are incarcerated shall be ordered to appear within thirty (30) days following their release from incarceration.
D. Dismissal Obligors shall be dismissed from the docket after six months of regular payment, either by income withholding order or by voluntary payment. Application of cash deposit bail bond funds shall not be considered a regular payment. Obligors who have been judicially or administratively determined to be disabled to the extent that they are unable to work or have other income shall be dismissed from the docket.
E. Contempt Trials and Criminal Non-Support Obligors who are 3 or more full months delinquent in support payments and have the ability to pay and have refused to pay, or are deliberately underemployed or unemployed, shall be removed from the collection docket and charged with contempt or alternatively referred to the District Attorney for criminal prosecution under the non-support statute.
F. Counsel In contempt cases, the obligor shall not have counsel appointed if they have sufficient actual income or other assets to employ an attorney. A financial affidavit shall be used to determine the issues of income and indigency. The movant may rebut the obligor=s assertions regarding income and indigency by objecting at the hearing or by making a written or oral motion to have the matter determined by the judicial officer hearing the matter.
G. Bench Warrants, Bonds, Hearings A bench warrant may be issued if the obligor fails to appear for a contempt hearing. The amount of cash bond for bench warrants shall be determined as follows:
1st failure to appear 1 per month current support, or $100, whichever is greater
2nd failure to appear 2 per month current support, or $250, whichever is greater
3rd and subsequent failure 3 per month current support, or $500, whichever is greater to appear
If the obligor has posted the cash bond, he/she shall be ordered to appear at the Expocentre at 8:30 a.m. on the third Tuesday of each month as determined by the Court.
H. Forms Forms for each of the matters described in this rule have been approved by the Court and are required to be used. Any alteration in these forms shall be highlighted and called to the Court's attention when filed or presented for signature. They are:
I. Pro Se Forms Forms for the following matters have been approved for pro se litigants:
Adopted: October 29, 1997
Revised: October 1, 2008