S-15-0590, Gary W. Hartley v. Polla S. Hartley (Appellant).
Greeley County, Hon. Karin L. Noakes
Attorneys: Erik C. Klutman (Sipple, Hansen, Emerson, Schumacher & Klutman) : James H. Truell (Truell, Murray & Associates)
Civil: Contempt
Proceedings below: The district court found that Polla Hartley, had willfully and contumaciously violated a divorce decree. Under the decree, Polla was required to pay two debts to the Farm Service Administration (FSA). The court found that although Polla had made some efforts to satisfy the obligations, she had not made full payment. The district court sentenced Polla to 30 days in jail and ordered her to pay $93,833.78.
Issues: I. The trial court erred in ruling that the Appellant was in contempt of the December 30, 2012 divorce decree.
II. The trial court erred in ruling that the Appellant willfully and contemptuously violated the December 30, 2012 divorce decree and was in contempt of the decree.
III. The trial court incorrectly determined the sanction if the Appellant was in contempt of the divorce decree.
IV. The trial court erred in ruling that the Appellee's criminal's restitution was a marital asset.
V. The trial court erred in ruling that enforcement of the Appellee's criminal restitution was enforceable and not against the public policy for criminal restitution orders