McCullough v. McCullough, 910 N.W.2d 515

Wallace and Michelle McCullough divorced in 2010; the decree required Wallace to pay $3,005/mo child support, share childcare expenses, and $552,124.89 in property-equalization payments (installments).
Michelle later sought modification and, in 2016, filed verified contempt complaints alleging Wallace had not paid child support, childcare expenses, and equalization installments.
The district court (Sept. 30, 2016) found Wallace in willful contempt for unpaid childcare ($5,031.23) and property-equalization installments (~$317,314.99), awarded attorney fees, and imposed a monthly purge payment with incarceration for nonpayment.
The court (Dec. 8, 2016) separately found Wallace in willful contempt for unpaid child support and ordered increased monthly payments (including $2,000/mo toward arrears) with potential monthly incarceration; more attorney fees were awarded.
Wallace appealed three orders (contempt re: equalization/childcare; supersedeas bond amount; contempt re: child support and related rulings); the Supreme Court consolidated the appeals.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Contempt for property equalization & childcare unpaid	Michelle: Wallace willfully disobeyed the decree; contempt appropriate and fees warranted	Wallace: pending modification claim tolled/avoided contempt; judgments dormant for lack of execution	Court: Pendency of modification does not relieve payment obligations; Michelle did not let judgment go dormant; contempt and fees affirmed
Contempt for child support arrears	Michelle: Wallace willfully disobeyed child support provisions; contempt and fees appropriate	Wallace: pending modification proceeding excused nonpayment	Court: Child-support obligations remain in force until modified; contempt and fees affirmed
Supersedeas bond amount & appealability	Michelle: order setting bond is not independently appealable	Wallace: bond exceeded statutory limit (50% of net worth) and was excessive	Court: Order setting bond is not separately appealable; Wallace’s separate appeal dismissed as jurisdictional; bond issues moot after affirmance of contempt orders
Motion to recuse & motion for judgment on modification counterclaim	Michelle: judge not disqualified; modification stayed pending appeal	Wallace: judge biased (issued/then recalled arrest warrant) and court should have granted judgment on his counterclaim	Court: Record does not show bias as a matter of law (warrant was timely recalled); court did not rule on motion for judgment due to stay; recusal and denial affirmed

State on behalf of Mariah B. & Renee B. v. Kyle B., 298 Neb. 759 (clarifies contempt standards and burden of proof)
Smeal Fire Apparatus Co. v. Kreikemeier, 279 Neb. 661 (contempt orders in postjudgment proceedings are final)
Hossaini v. Vaelizadeh, 283 Neb. 369 (disapproving some prior reasoning on other grounds)
Martin v. Martin, 294 Neb. 106 (court’s continuing jurisdiction over dissolution decree and equitable relief in contempt)
Johnson v. Johnson, 290 Neb. 838 (modification may be made retroactive; payments remain binding until modified)
Buffalo County v. Kizzier, 250 Neb. 180 (procedures and timing for supersedeas bond issues on appeal)
Waite v. City of Omaha, 263 Neb. 589 (effect and limits of supersedeas bonds)