after period of years – Duration of arrearage payment. A. Any payment or installment of child support ordered pursuant to any order, judgment, or decree of the district court or administrative order of the Department of Human Services is, on and after the date it becomes past due, a judgment by operation of law. Judgments for past due support shall: 1. Have the full force and effect of any other judgment of this state, including the ability to be enforced by any method available under the laws of this state to enforce and collect money judgments; and 2. Be entitled to full faith and credit as a judgment in this state and any other state.
B. A child support judgment shall not become dormant for any purpose, except that it shall cease to be a lien upon real property five (5) years from the date it is filed of record with the county clerk in the county where the property is located, unless the judgment lien is extended in accordance with subsection C of Section 759 of Title 12 of the Oklahoma Statutes. 1. Except as otherwise provided by court order, a judgment for past due child support shall be enforceable until paid in full. 2. An order that provides for payment of child support, if willfully disobeyed, may be enforced by indirect civil contempt proceedings, notwithstanding that the support payment is a judgment on and after the date it becomes past due. After the implementation of the Centralized Support Registry, any amounts determined to be past due by the Department of Human Services may subsequently be enforced by indirect civil contempt proceedings. C. An arrearage payment schedule set by a court or administrative order shall not exceed three (3) years, unless imposition of a payment schedule would be unjust, inequitable, unreasonable, or inappropriate under the circumstances, or not in the best interests of the child or children involved. When making this determination, reasonable support obligations of either parent for other children in the custody of the parent may be considered. If an arrearage payment schedule that exceeds three (3) years is set, specific findings of fact supporting the action shall be made. Added by Laws 1987, c. 230, § 16, eff. Oct. 1, 1987. Renumbered from Title 12, § 1291 by Laws 1989, c. 333, § 1, eff. Nov. 1, 1989. Amended by Laws 1993, c. 307, § 4, emerg. eff. June 7, 1993; Laws 1994, c. 356, § 17, eff. Sept. 1, 1994; Laws 1994, c. 366, § 1, eff. Sept. 1, 1994; Laws 1996, c. 233, § 3, eff. Nov. 1, 1996; Laws 1998, c. 323, § 12, eff. Oct. 1, 1998; Laws 2000, c. 384, § 7, eff. Nov. 1, 2000.
Notes of Decisions
Cited in
15
cases (
1 in the last 5 years), 1992–2021 · leading case:
Merritt v. Merritt, 2003 OK 68, 73 P.3d 878.
Merritt v. Merritt, 2003 OK 68, 73 P.3d 878.
· cites it 12× “[1] The court granted the motion to dismiss the indirect contempt citation and also dismissed the father's motion to reduce arrearage to judgment.”
In the Matter of the Assessments for Tax Year 2012 of Certain Props., 2021 OK 7, 481 P.3d 883.
· cites it 5× “3d 135, 142--143 (supplemental opinion at ¶ 4, explaining court-ordered or adjudicated child support payment does not become a judgment by operation of law [43 O.S.2001, § 137(A)] until the date it becomes past due, and postjudgment interest begins to accrue immediately upon the…”
Phillips v. Hedges, 2005 OK 77, 124 P.3d 227.
· cites it 2× “43 O.S.2001, § 137(A). A court may later enter an order reducing the *232 judgment to writing, but all interest is post-judgment interest which begins to accrue immediately upon the payment becoming delinquent.”
Hedges v. Hedges, 2002 OK 92, 66 P.3d 364.
“Mother, on the other hand, claims that she bas an undefeated right to pursue past-due child support based on the explicit language of 43 O.S.Supp.1996 § 137. 12 If the court should agree that equitable defenses do not shield Father from his obligation to pay delinquent child…”
Campbell v. Campbell, 878 P.2d 1037 (Okla. 1994).
“00 arrearage and that therefore, pursuant to 43 O.S. § 137 4 there was already a valid judgment in existence.”
Witaschek v. Sacramento Cnty. Bureau of Fam. Support (In Re Witaschek), 276 B.R. 668 (Bankr. N.D. Okla 2002).
“00 is hereby determined and established in accordance with 43 O.S. § 137. The Administrative Income Assignment Order concludes that there is “no income assignment on the child support arrears due to the Defendant’s filing of Chapter 13 bankruptcy.”
Torres v. Torres, 1998 OK CIV APP 18, 956 P.2d 166.
“Plaintiff appeals on the grounds that she did not waive her right to collect child support, and that the court erred in failing to include amounts for interest in its computation of the arrearage. Plaintiff also asserts that the law is unclear as to whether equitable defenses…”
Birdtail v. Birdtail, 838 P.2d 522 (Okla. Civ. App. 1992).
“Title 43 O.S.1991 § 137(A) provides that any payment of child support ordered pursuant to any order of the district court or of DHS is on or after the date it becomes past due a judgment by operation of law.”
Lewandowski v. Lewandowski, 862 P.2d 86 (Okla. Civ. App. 1993).
· cites it 5× “That statute requires the court to set the relevant time period according to its determination of when the judgment occurred and whether it has become dormant because of failure of attempted execution on the judgment.”
Pharaoh v. Pharaoh, 865 P.2d 1279 (Okla. Civ. App. 1993).
“At the time of trial, 43 O.S.Supp.1993 § 137(D), which allows arrear-age payment schedules, had not been enacted.”
Logan v. Logan, 877 P.2d 51 (Okla. Civ. App. 1994).
“1987 § 1291, now 43 O.S.1991 § 137, were barred by the statute of limitations.”
Okla. Stat. tit. 43, § 137(A): 5 cases
In the Matter of the Assessments for Tax Year 2012 of Certain Props., 2021 OK 7, 481 P.3d 883.
“3d 135, 142--143 (supplemental opinion at ¶ 4, explaining court-ordered or adjudicated child support payment does not become a judgment by operation of law [43 O.S.2001, § 137(A)] until the date it becomes past due, and postjudgment interest begins to accrue immediately upon the…”
Merritt v. Merritt, 2003 OK 68, 73 P.3d 878.
“[1] The court granted the motion to dismiss the indirect contempt citation and also dismissed the father's motion to reduce arrearage to judgment.”
Phillips v. Hedges, 2005 OK 77, 124 P.3d 227.
“43 O.S.2001, § 137(A). A court may later enter an order reducing the *232 judgment to writing, but all interest is post-judgment interest which begins to accrue immediately upon the payment becoming delinquent.”
Birdtail v. Birdtail, 838 P.2d 522 (Okla. Civ. App. 1992).
“Title 43 O.S.1991 § 137(A) provides that any payment of child support ordered pursuant to any order of the district court or of DHS is on or after the date it becomes past due a judgment by operation of law.”
Lewandowski v. Lewandowski, 862 P.2d 86 (Okla. Civ. App. 1993).
“That statute requires the court to set the relevant time period according to its determination of when the judgment occurred and whether it has become dormant because of failure of attempted execution on the judgment.”
Okla. Stat. tit. 43, § 137(B): 1 case
Merritt v. Merritt, 2003 OK 68, 73 P.3d 878.
“[1] The court granted the motion to dismiss the indirect contempt citation and also dismissed the father's motion to reduce arrearage to judgment.”
Okla. Stat. tit. 43, § 137(B)(1): 1 case
Merritt v. Merritt, 2003 OK 68, 73 P.3d 878.
“[1] The court granted the motion to dismiss the indirect contempt citation and also dismissed the father's motion to reduce arrearage to judgment.”
Okla. Stat. tit. 43, § 137(C): 3 cases
Merritt v. Merritt, 2003 OK 68, 73 P.3d 878.
“[1] The court granted the motion to dismiss the indirect contempt citation and also dismissed the father's motion to reduce arrearage to judgment.”
Phillips v. Hedges, 2005 OK 77, 124 P.3d 227.
“43 O.S.2001, § 137(A). A court may later enter an order reducing the *232 judgment to writing, but all interest is post-judgment interest which begins to accrue immediately upon the payment becoming delinquent.”
Lewandowski v. Lewandowski, 862 P.2d 86 (Okla. Civ. App. 1993).
“That statute requires the court to set the relevant time period according to its determination of when the judgment occurred and whether it has become dormant because of failure of attempted execution on the judgment.”
Okla. Stat. tit. 43, § 137(C)(1): 1 case
Merritt v. Merritt, 2003 OK 68, 73 P.3d 878.
“[1] The court granted the motion to dismiss the indirect contempt citation and also dismissed the father's motion to reduce arrearage to judgment.”
Okla. Stat. tit. 43, § 137(D): 1 case
Pharaoh v. Pharaoh, 865 P.2d 1279 (Okla. Civ. App. 1993).
“At the time of trial, 43 O.S.Supp.1993 § 137(D), which allows arrear-age payment schedules, had not been enacted.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.