1. A. Unless otherwise provided for by law, punishment for direct or indirect contempt shall be by the imposition of a fine in a sum not exceeding Five Hundred Dollars ($500.00) or by imprisonment in the county jail not exceeding six (6) months, or by both, at the discretion of the court.

2. B.

   1. 1. In the case of indirect contempt for the failure to comply with an order for child support, child support arrears, other support, visitation, or other court orders regarding minor children the Supreme Court shall promulgate guidelines for determination of the sentence and purge fee. If the court fails to follow said guidelines, the court shall make a specific finding stating the reasons why the imposition of the guidelines would result in inequity. The factors that shall be used in determining the sentence and purge fee are:

      1. a. the proportion of the child support, child support arrearage payments, or other support that was unpaid in relation to the amount of support that was ordered paid,
      2. b. the proportion of the child support, child support arrearage payments, or other support that could have been paid by the party found in contempt in relation to the amount of support that was ordered paid,
      3. c. the present capacity of the party found in contempt to pay any arrearages,
      4. d. any willful actions taken by the party found in contempt to reduce factor c,
      5. e. the past history of compliance or noncompliance with the support or visitation order, and
      6. f. willful acts to avoid the jurisdiction of the court.

   2. 2. When a court of competent jurisdiction makes an order compelling a parent to furnish monetary support, necessary food, clothing, shelter, medical attention, medical insurance or other remedial care for the minor child of the parent:

      1. a. proof that:

         1. (1) the order was made, filed, and served on the parent, or
         2. (2) the parent had actual knowledge of the existence of the order, or
         3. (3) the order was granted by default after prior due process notice to the parent, or
         4. (4) the parent was present in court at the time the order was pronounced, and

      2. b. proof of noncompliance with the order,

         shall be prima facie evidence of an indirect civil contempt of court.

3. C. Any court in this state has the power to enforce an order for current child support, past due child support and child support arrearage payments, other support, visitation, or other court orders regarding minor children and to punish an individual for failure to comply therewith, as set forth in subsection A of this section. Venue for an action under this section is proper, at the option of the obligee:

   1. 1. In the county in this state in which the support order was entered, docketed or registered;
   2. 2. In the county in this state in which the obligee resides; or

   3. 3. In the county in this state in which the obligor resides or receives income.

      Orders for current child support, past due child support and child support arrearage payments are enforceable until paid in full. The remedies provided by this section are available regardless of the age of the child.

Amended by Laws 1984, HB 1554, c. 14, § 2, eff. November 1, 1984; Amended by Laws 1989, SB 291, c. 362, § 5, eff. November 1, 1989; Amended by Laws 1990, HB 1923, c. 101, § 1, emerg. eff. July 1, 1990; Amended by Laws 2002, SB 1564, c. 461, § 1, eff. November 1, 2002 (superseded document available); Amended by Laws 2007, SB 945, c. 140, § 1, eff. November 1, 2007 (superseded document available).