State on behalf of Mariah B. & Renee B. v. Kyle B.

Summary

The Nebraska Supreme Court reviewed a civil contempt order against a father for failing to pay court-ordered child support. The court held that the statutory presumption of contempt, together with the evidence, supported the finding of willful noncompliance, but explained that a purge amount must be within the contemnor’s present ability to pay to remain coercive rather than punitive. The appeal was affirmed.

Holdings

1. The district court did not clearly err in finding Kyle in willful civil contempt. Civil contempt requires intentional disobedience with knowledge of the violated order, and the statutory rebuttable presumption of contempt for delinquent child support encompasses willfulness.
2. In a child-support contempt proceeding, a valid child support order is evidence of the parent's ability to pay the amount ordered, and a guideline-based support order carries a presumption of correctness that may be rebutted by evidence of changed circumstances.
3. A purge amount in a civil contempt order must be within the contemnor's present ability to pay within the period specified. A present inability to comply is a defense to incarceration, and a sanction becomes punitive if the contemnor lacks the ability to purge the contempt.
4. The contemnor bears both the burden of production and the burden of persuasion to establish present inability to comply with a civil contempt purge order. The showing requires evidence that the contemnor exhausted available assets and borrowing opportunities and could not obtain the funds necessary to comply.

Questions Presented

1. Whether the district court clearly erred in finding that Kyle willfully disobeyed the child support order.
2. Whether a valid child support order established evidence or a presumption of Kyle's ability to pay the ordered support.
3. Whether the purge plan required payments beyond Kyle's present ability to pay and therefore imposed an impermissible punitive sanction in a civil contempt proceeding.
4. Whether the district court's failure to make an express finding regarding Kyle's present ability to comply with the purge order constituted plain error.

Disposition

affirmed