State on behalf of Mariah B. and Renee B. v. Kyle B. (Nebraska 2018)

A contempt finding requires that the parent willfully violate the court order. The parent must have the present ability to comply with the purge conditions. The father appealed a contempt order for failure to pay support. He argued that the nonpayment was not willful and that he couldn’t comply with the purge conditions. The Supreme Court upheld the order. It found that once the State proves the contempt, the burden shifts to the parent to show that the failure to comply wasn’t willful. The father in this case didn’t present any persuasive evidence. His testimony about his job searches was vague and unconvincing. The Court further found the purge conditions appropriate. The purge payment must take into account the parent’s present ability to pay and again, the Court found no evidence to indicate the father couldn’t comply with set amount.