Nebraska Motion for Contempt

Introduction

Key Things to Know

1. 1

   Nebraska's self-help materials and court forms do not call this a motion for contempt. A parent or spouse instead files a sworn Affidavit and Application for Order to Show Cause: Form DC 6:5.20 for a child support, health insurance, or childcare violation, Form DC 6:5.27 for a visitation violation, or Form DC 6:5.42 for an alimony or property-settlement violation. Each affidavit leads to the same court-signed Order to Show Cause (Enforcement), Form DC 6:5.21.

2. 2

   The papers must be personally served by the county sheriff on the person accused of violating the order, in the county where that person lives; the filer cannot serve the papers. Neb. Rev. Stat. section 25-2122 requires that the accused be notified and given a reasonable time to prepare a defense, and the judge sets the hearing date on Form DC 6:5.21. If the accused does not appear, an arrest warrant can issue.

3. 3

   The affidavit must state the date the order was entered and that it is still in effect, the amount owed as of a stated date or the specific dates, times, and places a visitation order was violated, and a statement that the failure to pay or allow visitation was willful. It must be signed under penalty of perjury before a notary.

4. 4

   An inability-to-pay or no-willfulness defense can defeat the motion. For a support violation, the filer must affirmatively testify that the other party is able to earn sufficient income and intentionally chose not to pay; the official contempt order requires the judge to make a specific finding about the respondent's employment and earning capacity before entering a contempt finding.

5. 5

   If the court finds contempt on a support violation, the official order sets a purge condition, a lump sum by a stated date or an installment plan, and defers the jail sentence while purge payments stay current. If a payment is missed, an affidavit of nonpayment alone can trigger a bench warrant, without a new contempt hearing. Neb. Rev. Stat. section 25-2121 allows a fine, jail, or both, and the judge fills in the number of jail days on the order form. Costs and attorney's fees against the party found in contempt are discretionary under Neb. Rev. Stat. sections 42-370 and 42-364.15(2), not automatic.

6. 6

   For a visitation violation only, the same enforcement motion can also ask the court to modify the parenting-time order and require the other party to post a compliance bond, under Neb. Rev. Stat. section 42-364.15(1). To change the amount of support owed or other custody terms, use DocDraft's child support modification or parenting plan pages.

7. 7

   Do not withhold support because parenting time was denied, and do not deny parenting time because support is unpaid; either can itself be treated as contempt. Nebraska Child Support, reached through the Nebraska Child Support Payment Center, can pursue automatic income withholding, license suspension, and other collection tools without a contempt filing. If domestic violence or a safety risk is involved, use DocDraft's getting a restraining order guide instead of confronting the other party.

Nebraska Requirements for Motion for Contempt

• Affidavit and Application for Order to Show Cause by Obligation Type

  The affidavit is Form DC 6:5.20 for a child support, health insurance, or childcare violation, Form DC 6:5.27 for a visitation violation, or Form DC 6:5.42 for an alimony or property-settlement violation. Each leads to the same court-signed Order to Show Cause (Enforcement), Form DC 6:5.21.

• Sheriff Personal Service Required

  The county sheriff must personally serve the Order to Show Cause on the person accused of violating the order, in the county where that person lives; the filer cannot serve the papers (Nebraska Judicial Branch self-help page, Enforcement of Child Support Orders).

• Reasonable Time to Prepare a Defense

  Neb. Rev. Stat. section 25-2122 requires that the accused be notified of the accusation and given a reasonable time to prepare a defense, and the judge sets the show cause hearing date on Form DC 6:5.21.

• Sworn Affidavit Under Penalty of Perjury

  The affidavit must state the date the order was entered and that it remains in effect, the amount owed or the specific dates of a visitation violation, and a statement that the failure to comply was willful, signed under penalty of perjury before a notary.

• Self-Executing Purge and Bench Warrant Mechanism

  For a support contempt finding, the official order form sets a purge condition and defers the jail sentence while purge payments stay current. A missed payment plus an affidavit of nonpayment can trigger a bench warrant for arrest without a new contempt hearing.

• Judge Sets the Jail Term

  Neb. Rev. Stat. section 25-2121 gives the court general power to fine or imprison for willful disobedience of a court order. The official order form leaves the number of jail days as a blank for the judge to fill in.

• Discretionary Costs and Attorney's Fees

  Costs and a reasonable attorney's fee may be taxed against a party found in contempt under Neb. Rev. Stat. section 42-370, and specifically for a visitation violation under section 42-364.15(2); this is discretionary, not required.

• Visitation Enforcement Can Fold In Order Modification

  For a visitation violation only, Neb. Rev. Stat. section 42-364.15(1) lets the same enforcement motion also ask the court to modify the prior parenting-time order and require a compliance bond, rather than filing a separate modification request.

• Ability-to-Pay Finding Required Before Contempt

  For a support violation, the court's instructions require the filer to testify that the other party is able to earn sufficient income and chose not to pay, and the official order form requires the judge to make a specific finding on the respondent's employment or earning capacity before entering a contempt finding.