Child Support Enforcement - Sarpy County Nebraska

Contempt
What follows is a discussion of statutory and case law on CIVIL contempt. Almost
exclusively when an obligated parent (OP) is brought into court for nonpayment of child support
it is on a civil petition for contempt, rather than the more harsh criminal contempt. The OP is
said to “hold the keys to the jail cell in his hands” and be able to release him/her self upon the
mere payment of the support that is owed as set forth in the court order. Notwithstanding this
fact, civil contempt has quasi criminal elements, as it can, and often does ultimately result in the
incarceration of the OP. For this reason, a court that accepts an admission of civil contempt
from an OP must produce a record that the admission is entered voluntarily, that the OP
understands the nature of the admission, and its consequences, including the possible penalty.
Analogizing an admission of civil contempt to a court accepting a guilty plea in a criminal
proceeding is appropriate, and the colloquy between the court and the OP should be similar to
that in a criminal plea proceeding. See State of Nebraska v. Benson, 199 Neb. 549, 260
N.W.2d 208 (1977)
§42-358 Attorney for minor child; appointment; powers; child or spousal support; records;
income withholding; contempt proceedings; fees; evidence; appeal
(1)…
(2) Following entry of any decree, the court having jurisdiction over the minor children of the
parties may at any time appoint an attorney, as friend of the court, to initiate contempt
proceedings for failure of any party to comply with an order of the court directing such party to
pay temporary or permanent child support. The county attorney or authorized attorney may be
appointed by the court for the purposes provided in this section, in which case the county
attorney or authorized attorney shall represent the state.
(3) … A rebuttable presumption of contempt shall be established if a prima facie showing is
made that the court-ordered child or spousal support is delinquent. … If income withholding is
not feasible and no other action is pending for the collection of support payments, the court shall
appoint an attorney to commence contempt of court proceedings. If the county attorney or
authorized attorney consents, he or she may be appointed for such purpose. The contempt
proceeding shall be instituted within ten days following appointment, and the case shall be
diligently prosecuted to completion. …
(4) If, at the hearing, the person owing child or spousal support is called for examination as an
adverse party and such person refuses to answer upon the ground that his or her testimony may
be incriminating, the court may, upon the motion of the county attorney or authorized attorney,
require the person to answer and produce the evidence. In such a case the evidence produced
shall not be admissible in any criminal case against such person nor shall any evidence obtained
because of the knowledge gained by such evidence be so admissible.
42-358.03. Permanent child support payments; failure to pay; work release program.
Any person found guilty of contempt of court for failure to pay permanent child support
payments and imprisoned therefore shall be committed to a court-supervised work release
program. Ninety percent of earnings realized from such program shall be applied to payment of
delinquencies in support payments minus appropriate deductions for the cost of work release.
Source: Laws 1975, LB 212, § 5.
Camp v. Camp, 14 Neb. App. 473 (2006)
A civil contempt is instituted to preserve and enforce the rights of private parties to a
suit, to compel obedience to orders and decrees made to enforce such rights, and to
administer the remedies to which the court has found the parties to be entitled.
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