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can someone please tell me

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cs.steng

Junior Member
secondary question

What is the name of your state (only U.S. law)? NEBRASKA

Can someone please tell me the information that I need to include in a document to file for contempt of court for arrears alimony and lawyer fees that my ex was ordered to pay in the decree? He is behind by $2150 between the two of them and I need to get it resolved if I can.

Thank you.*****************************************
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SECONDARY QUESTION************************************8
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Does the complaint for contempt of court have to be filed in the same county as the original decree was filed/signed in? I have since moved 50 miles away and need to know if I need to travel back up home or if I can file it here. I am in the same state, just different county. Thank you.
 
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Just Blue

Senior Member
What is the name of your state (only U.S. law)? NEBRASKA

Can someone please tell me the information that I need to include in a document to file for contempt of court for arrears alimony and lawyer fees that my ex was ordered to pay in the decree? He is behind by $2150 between the two of them and I need to get it resolved if I can.

Thank you.
When is the payment due, per the CO? When was the last payment?
 

cs.steng

Junior Member
payment is due once per week at a rate of 150 per week for 52 weeks per year for 66 months. Last payments have been on time. (this is alimony I'm referring to first). He was to begin payments on December 1 2010. First payment reached the courthouse on March 18 2011. This put him behind initially. Then he chose to go on a vacation in June, shorted me on my weekly payment and did not make that amount up as of yet, putting him further behind than he was.

For the attorney fee. It was a flat rate of 1500.00 that he was ordered to pay back to me. He has paid 750 of it back so far and has not made a payment on that since December 18, 2010.

in the interim, we had verbal agreements that he would pay half of our daughter's wedding cost and he has not paid any of that back to me as well as half of a minor loan we had which he has not paid any of. Basically at this point, if he were to come up with it all he would owe me 5700.00

Does that help?
 
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Just Blue

Senior Member
payment is due once per week at a rate of 150 per week for 52 weeks per year for 66 months. Last payments have been on time. (this is alimony I'm referring to first). He was to begin payments on December 1 2010. First payment reached the courthouse on March 18 2011. This put him behind initially. Then he chose to go on a vacation in June, shorted me on my weekly payment and did not make that amount up as of yet, putting him further behind than he was.

For the attorney fee. It was a flat rate of 1500.00 that he was ordered to pay back to me. He has paid 750 of it back so far and has not made a payment on that since December 18, 2010.

in the interim, we had verbal agreements that he would pay half of our daughter's wedding cost and he has not paid any of that back to me as well as half of a minor loan we had which he has not paid any of. Basically at this point, if he were to come up with it all he would owe me 5700.00
Does that help?

He is ONLY LEGALLY obligated to pay what the court order states he must. You should have your attorney go after him for the arrears and any new attorney fees.
 

cs.steng

Junior Member
I had figured that the verbal agreements would not stand up.

My question is, is it possible for me to file the contempt charges without the expense of an attorney at this point since he is clearly in contempt? OR do you recommend that I ABSOLUTELY us the attorney which I will have to pay then get reimbursed for? Is there some way that he can get out of a clear contempt charge?
 

mistoffolees

Senior Member
I had figured that the verbal agreements would not stand up.

My question is, is it possible for me to file the contempt charges without the expense of an attorney at this point since he is clearly in contempt? OR do you recommend that I ABSOLUTELY us the attorney which I will have to pay then get reimbursed for? Is there some way that he can get out of a clear contempt charge?
Contempt can often be handled without an attorney if the facts are simple enough. Read up on the rules in your county. Google 'self help divorce nebraska' and look for a section on contempt.

As for what information you need, I would provide a spreadsheet showing every payment and the date it was due and then every payment received. That would provide a fairly simple, easy to follow summary of the payment history. Since it has been less than a year, it won't be that large of a spreadsheet. Then total each column at the bottom.
 

cs.steng

Junior Member
Thank yo u. I can do that. The clerk of the district court has been very kind and provided me with a printout of their spreadsheet for both the alimony and the lawyer fees from the first due date til last week. So I would think that would be sufficient? I just wasn't sure whether I absolutely had to go with a lawyer or not, since it's pretty clear he's in arrears. The clerk of the district court is the one who mentioned to me one day just how far though, I didn't know it was that much money.

Is there such a thing as felony contempt? And, if so, what is the amount required to have it charged as a felony? I'd like to have it handled before it gets that far if that is a possibility.
 

mistoffolees

Senior Member
Thank yo u. I can do that. The clerk of the district court has been very kind and provided me with a printout of their spreadsheet for both the alimony and the lawyer fees from the first due date til last week. So I would think that would be sufficient? I just wasn't sure whether I absolutely had to go with a lawyer or not, since it's pretty clear he's in arrears. The clerk of the district court is the one who mentioned to me one day just how far though, I didn't know it was that much money.

Is there such a thing as felony contempt? And, if so, what is the amount required to have it charged as a felony? I'd like to have it handled before it gets that far if that is a possibility.
There is felony contempt, but I doubt if you're there yet (especially since you can't include the wedding cost in your spreadsheet since it wasn't court ordered). It won't matter to you, anyway. You'll be filing a civil case so there's no distinction between misdemeanor and felony.
 

LdiJ

Senior Member
[bump for secondary question in original post.
You have to file in the original county, unless you can get the case transferred to your county. In all honesty, it would be less complicated to file in the original county and not attempt a transfer.
 

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