Neb. Rev. Stat. » Chapter 42
Nebraska Revised Statutes

Neb. Rev. Stat. § 42-370 (2026)

Contempt proceedings; attorney's fees; costs

✓ current as of July 2026
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Nothing in sections 42-347 to 42-381 shall prohibit a party from initiating contempt proceedings. Costs, including a reasonable attorney's fee, may be taxed against a party found to be in contempt.

Notes of Decisions
Cited in 11 cases (6 in the last 5 years), 1983–2024 · leading case: Hawks v. Hawks, 993 N.W.2d 688 (Neb. Ct. App. 2023).
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Hawks v. Hawks, 993 N.W.2d 688 (Neb. Ct. App. 2023). · cites it 7× “In contempt actions in domestic relations cases, a trial court is authorized to award attorney fees only against a party found to be in contempt under Neb. Rev. Stat. § 42-370 (Reissue 2016) or Neb.”
Becher v. Becher, 970 N.W.2d 472 (Neb. 2022). · cites it 2× “Mark claims that this statute prohibited an award of prejudgment interest, because “Neb. Rev. Stat. § 42-370 provides the statu- tory basis for contempt cases in domestic relations matters.”
Dunning v. Tallman, 504 N.W.2d 85 (Neb. 1993). · cites it 3× “Neb. Rev. Stat. § 42-370 (Reissue 1988) states: “Nothing in sections 42-347 to 42-379 shall prohibit a party from initiating contempt proceedings.”
Scully v. Scully, 331 N.W.2d 801 (Neb. 1983). · cites it 2× “No proceedings were instituted to recover the delinquencies by either appellee, Neb. Rev. Stat. § 42-370 (Reissue *859 1978), or other authority, Neb.”
Jessen v. Line, 742 N.W.2d 30 (Neb. Ct. App. 2007). · cites it 2× “Terry's conduct in this regard cannot be condoned, but we note that Donna failed to invoke the "persuasive powers" of the court to enforce the discovery orders—for example, by initiating contempt proceedings under Neb. Rev. Stat. § 42-370 (Reissue 2004). See, also, Jessen v.”
Locke v. Volkmer, 601 N.W.2d 807 (Neb. Ct. App. 1999). · cites it 2× “Neb. Rev. Stat. § 42-370 (Reissue 1998) provides that a reasonable attorney fee may be taxed against a party found to be in contempt.”
Schnackel v. Schnackel (Neb. Ct. App. 2024). · cites it 4× “Attorney fees and expenses may be recovered only where provided for by statute or when a recognized and accepted uniform course of procedure has been to allow recovery of attorney fees. Customarily, attorney fees are awarded only to prevailing parties or assessed against those…”
Rosberg v. Rosberg (Neb. Ct. App. 2019). · cites it 2× “See Neb. Rev. Stat. § 42-370 (Reissue 2016) (“[n]othing in sections 42-347 to 42-381 [including dissolution, separation, annulment, custody, and support] shall prohibit a party from initiating contempt proceedings”).”
Pekarek v. Pekarek (Neb. Ct. App. 2023). · cites it 2× “Neb. Rev. Stat. § 42-370 (Reissue 2016) provides that costs, including a reasonable attorney fee, may be taxed against a party found to be in contempt.”
Masters v. Masters (Neb. Ct. App. 2024). · cites it 2× “Specific to contempt proceedings in domestic relations actions, Neb. Rev. Stat. § 42-370 (Reissue 2016) provides that “[c]osts, including a reasonable attorney’s fee, may be taxed against a party found to be in contempt.”
Smith v. Greenwalt (Neb. Ct. App. 2024). · cites it 2× “” In contempt actions in domestic relations cases, a trial court is authorized to award attorney fees only against a party found to be in contempt under Neb. Rev. Stat. § 42-370 (Reissue 2016) or Neb.”
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