§ 39-15-104 — Procedure - Enforcement

(a) When complaint on oath is made to the judge of any juvenile court against a person to be charged with a violation of this part, the judge must issue a warrant requiring the arrest of the person charged and that person is to be brought before the judge for examination; provided, that if the person, being duly summoned or voluntarily appearing, acknowledges the obligation of support, the court may in its discretion enter a consent order in lieu of the issuance of a warrant. (b) No arrest warrant shall issue for the violation of any court order of support if the violation occurred during a period of time in which the person was incarcerated in any penal institution and was otherwise unable to comply with the order; provided, that this section shall not prevent the determining of arrearages under any previous order, and enforcement of the order as is consistent with the person's ability to comply. (c) It is the duty of the governor to demand the return of any person charged under § 39-15-101(d) from the governor of any other state where the person may be found, upon proper warrant being issued or indictment being returned. (d) Any court vested with jurisdiction to implement this part may enforce its orders and decrees by execution or in any way in which a court of equity may enforce its orders and decrees, including by imprisonment and fine for contempt. No property of the person, except all statutory homestead rights, shall be exempt from levy and sale under such execution or other process issued from the court. All provisions of title 36, chapter 5 that relate to child support or child support orders that include an order of spousal support and § 50-2-105 shall apply to support orders issued in these proceedings.

Legislative History

Acts 1989, ch. 591, § 1.