By Andrew Braun, Family Law Attorney, Goosmann Law Firm, PLC – Omaha Office
When the court finalizes your divorce decree or issues a child custody order, it’s not just a suggestion—it’s a legally binding directive. But what happens when your ex refuses to comply with the court’s order? If you’re dealing with missed child support payments, denied parenting time, or other violations of a court order, you may need to consider filing a contempt action.
The family law attorneys with Goosmann Law Firm, PLC, work with clients across Nebraska, Iowa, and South Dakota to enforce court orders and protect their rights. In this blog, I’ll walk you through the basics of the contempt process, key questions to ask, and the pros and cons of taking legal action.
Common Areas of Contempt in Family Law Cases
Your ex may be found in contempt of court when they knowingly and willfully disobey a court order. The following are the most common contempt issues that come up in family law cases:
- Refusing to comply with provisions in the divorce decree, including failing to pay alimony or property equalization payments, closing jointly held accounts, and refinancing the marital home.
- Not complying with the parenting time in a divorce decree or paternity order (e.g., withholding visitation or failing to return a child).
- Failing to involve the other parent in important decisions regarding the child/children when joint legal custody has been ordered.
- Failing to pay child support or reimburse the other parent for children’s expenses ordered in the divorce decree or paternity order.
What Requirements Need to be Met for the Court to Find Contempt?
While each state has slight variations, the core elements required for a finding of contempt are generally the same:
- There is a valid, clear, and specific court order in place.
- The violating party had knowledge of that order.
- They willfully failed to comply with its terms.
It is typically not difficult to prove the first two elements, meaning that many contempt cases are decided based on whether the court determines that the failure to comply with the terms of the court’s order is willful.
What are the Consequences of Being in Contempt?
If a court finds your ex in contempt, the consequences may include:
- Fines or sanctions.
- Wage garnishment.
- Make-up parenting time.
- An order to pay your attorney’s fees.
- Modifying the custody order to remove legal or physical custody from the parent found to be in contempt.
- Jail sentence.
What’s a Purge Order or plan?
If the court finds an individual in willful contempt of a decree or paternity order, it can sentence the individual to serve a jail sentence, unless the individual “purges” themselves of the contempt. These purge plans include a date certain that the individual must report to the county jail to begin a jail sentence. The individual can “purge” themselves of the contempt and avoid this jail sentence if they come into compliance with the Court’s order before the date they are to report to jail. If they do not purge themselves of the contempt before the report date, and they do not report, an arrest warrant will be issued. The individual should also be given the ability to purge themselves of the contempt while serving their sentence, as the Nebraska Supreme Court has held that the person in contempt should “hold the keys to his or her jail cell,” meaning that the individual can be released from jail if they purge themselves before or during the term of imprisonment.
Questions to Ask Before Filing for Contempt
At Goosmann Law Firm, PLC, we encourage clients to think critically before pursuing contempt. Ask yourself:
- Is the court order clear and specific? Ambiguity in the order’s language can make enforcement difficult.
- Do I have evidence of noncompliance? Save texts, emails, payment records, or calendars showing missed exchanges.
- Was the violation intentional? A misunderstanding or true inability to comply (like job loss) may not meet the standard.
- Have I attempted to reach a resolution? Judges appreciate efforts to resolve disputes outside of court.
- Does the court order I’m attempting to enforce require me to attempt mediation first? Some court orders and parenting plans require that the parties first attempt to resolve the issue in mediation prior to filing a modification or contempt. Important note: A local court rule in the District Court of Douglas County, Nebraska (Omaha) requires that parties must attempt formal mediation before filing a contempt action related to provisions in the parenting plan.
- What is my goal? Sometimes, filing a modification of the order is more appropriate than seeking punishment.
Is Contempt the Right Step for You?
Contempt can be a powerful enforcement tool—but it’s not always the right answer. That’s why it’s so important to talk with a trusted family law attorney who understands the courts in Nebraska and surrounding states.
At Goosmann Law Firm, PLC, we don’t just look at the paperwork—we look at your goals, your family dynamics, and your long-term needs. Whether you’re enforcing a divorce decree, protecting your parenting time, or trying to recover unpaid support, we’re here to help you take the next steps with confidence.