Child Support Enforcement - Sarpy County Nebraska
Child Support Enforcement - Sarpy County Nebraska
Child Support Enforcement - Sarpy County Nebraska
You also want an ePaper? Increase the reach of your titles
YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.
(d) INTEREST- As used in this section, the term `interest’ includes service charges, renewal<br />
charges, fees, or any other charges (except bona fide insurance) with respect to an obligation or<br />
liability.<br />
Bowers v. Lens, 264 Neb. 465, 648 N.W.2d 294 (2002)<br />
A court of equity does not have discretion to withhold interest on decrees or<br />
judgments for the payment of money.<br />
Laschanzky v. Laschanzky, 246 Neb. 705, 523 N.W.2d 29 (1994)<br />
A court of equity does not have discretion to allow or withhold interest in cases<br />
where interest is recoverable as a matter of right.<br />
State on Behalf of Kayla T. v. Risinger, 273 Neb. 694, 731 N.W.2d 892 (2007)<br />
The district court abused its discretion in ordering the retroactive child support to be paid<br />
in future monthly installments. Thus, we conclude that the order should be modified and<br />
judgment entered for the full amount due, with interest to accrue on the full amount from the<br />
date of judgment.<br />
Intervention by the State<br />
§43-512.08. Intervention in matters relating to child, spousal, or medical support; when<br />
authorized.<br />
The county attorney or authorized attorney, acting for or on behalf of the State of <strong>Nebraska</strong>, may<br />
intervene without leave of the court in any proceeding for dissolution of marriage, paternity,<br />
separate maintenance, or child, spousal, or medical support for the purpose of securing an order<br />
for child, spousal, or medical support, modifying an order for child or medical support, or<br />
modifying an order for child support as the result of a review of such order under sections 43-<br />
512.12 to 43-512.18. Such proceedings shall be limited only to the determination of child or<br />
medical support. Except in cases in which the intervention is the result of a review under such<br />
sections, the county attorney or authorized attorney shall so act only when it appears that the<br />
children are not otherwise represented by counsel.<br />
Source: Laws 1976, LB 926, § 10; Laws 1985, Second Spec. Sess., LB 7, § 72; Laws 1991, LB 457, §<br />
12; Laws 1991, LB 715, § 11; Laws 1994, LB 1224, § 54, Laws 2007, LB554, § 41 Effective January 1, 2008<br />
Cammarata v. Chambers, 6 Neb. App. 467, 574 N.W.2d 530 (1998)<br />
Facts: Dad was ordered to pay support pursuant to decree entered in 1984. In 1992 the court<br />
modified the order, switched custody to the dad, and effectively set support at $0 until the<br />
mother became employed. Later the child moved out of Dad’s home and into Mom’s, and Mom<br />
applied for Medicaid. The State then filed an action to establish a child support order pursuant<br />
to Neb. Rev. Stat. § 43-512.03 et seq, alleging the child was now with Mom and in need of<br />
support. Dad appealed, claiming CSE agency had no authority to file for new support order, as<br />
the parties’ 1992 modification order addressed child support.<br />
- 106 -