The beginning of a new school year can bring many changes to families who share custody of their children. For example, some families have different parenting time schedules during the summer than the school year, and the transition back can cause confusion, miscommunication, or just a desire to keep things the same. This can lead to one party no longer following the court’s orders.
In Nebraska family law cases, contempt refers to a legal action taken against a party who willfully disobeys a court order, judgment, or decree in various scenarios, such as child custody, child support, spousal support, visitation rights, and property division. The purpose of contempt proceedings is to enforce court orders and maintain the integrity of the judicial system.
When a person fails to comply with a family court order, the aggrieved party can file a motion for contempt. This motion notifies the court of the alleged violation, and the court schedules a hearing to review the evidence and determine if contempt has occurred. The burden of proof lies with the party alleging contempt, who must demonstrate that the other party intentionally and knowingly violated the court order.
If the court finds the accused party in contempt, they may face various penalties, which can include fines, attorney's fees, probation, or even incarceration. The specific punishment will depend on the severity of the violation and the judge's discretion. For instance, a party who fails to pay child support despite having the means to do so may be held in contempt and ordered to pay the arrears or face jail time.
It's important to note that there may be valid reasons for non-compliance with court orders. If a party experiences a significant change in circumstances, such as job loss or a medical emergency, they may request a modification of the court order to avoid contempt. The court will consider the legitimacy of the reasons presented.
Contempt proceedings in family law cases play a critical role in ensuring that court orders are respected and followed. By enforcing compliance, the court protects the rights and best interests of all parties involved, especially children. If you find yourself facing contempt allegations or suspect that the other party is in contempt, whether relating to the new school year or not, seeking legal advice from an experienced family law attorney, like the women at McGill Law, is crucial to navigate the process effectively and protect your rights.