If Contempt Motion Was Dismissed Can Plaintiff File Again?

Question:

I have recently received a contempt notice from my ex-wife over an account she thinks I am delinquent on because I believed it to be closed.

Is it double jeopardy if this similar case was dropped by the Plaintiff before? Is this grounds for an appeal to adjust payment or fight for custody?

Answer:

I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Nebraska and Iowa divorce laws where I am licensed to practice.

I am to assume you currently have a decree that grants someone custody and grants some type of child support. Without more facts, I am going to assume that the opposing party had some right for payment, but failed to fulfill her end of the obligation.

If the opposing party has had a prior contempt dismissed with prejudice, then no, they cannot bring the current action based on the same set of facts from the prior action.

However, if this involves new facts, or if the prior action was dismissed without prejudice, they can bring the action.

As to custody, a change in the same would require a material change in circumstances.  In the jurisdictions I practice in, monetary obligations are wholly separate from custody and do not typically justify a change in custody.

Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Omaha, Nebraska Divorce Lawyer Jamie Kinkaid, contact Cordell & Cordell.