Child Support Enforcement - Sarpy County Nebraska

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Notice of Objection to Adoption and Intent to Obtain Custody In order to file with <strong>Nebraska</strong>’s Biological Father Registry, a Notice of Objection to Adoption and Intent to Obtain Custody form is required. It indicates a father’s intention to seek custody of the child within thirty (30) days of the filing. D.E.M. V. P.A.M., 218 Neb. 319, 352 N.W.2d 916 (1984) [T]he satisfactions and discharges of accrued child support obligations, or the termination of future responsibility for the same, do not constitute an unwarranted payment of consideration which will vitiate a child relinquishment (for adoption). Gomez v. Savage ; 254 Neb. 836, 580 N.W.2d 523 (1998) (Discusses difference between agency related adoptions and private adoptions, as pertains to relinquishment of parental rights) A relinquishment of parental rights, given voluntarily, is not revocable. The Legislature, as well as this court, has long recognized a distinction between agency adoptions and private adoptions. In the case of an agency adoption, the relinquishing parent surrenders all rights to the child in favor of the state or a licensed child placement agency. Yopp v. Batt, supra. This court has treated an adoption as an agency adoption when a natural parent personally chose the adoptive parents with the help of an agency. See Kellie v. Lutheran Family & Social Service, 208 Neb. 767, 305 N.W.2d 874 (1981). Under §43-106.01, the rights of the relinquishing parent are terminated when the agency accepts responsibility for the child in writing. It is the agency that finds and investigates the prospective parents. If the adoptive parents are unsuitable or decline to go through with the adoption, the agency retains custody over the child until such time as the child is adopted by another family. In private adoptions, by contrast, under §43-111, the relinquishing parent’s rights are not totally extinguished until the child has been formally adopted by the prospective parents. In re Adoption of Corbin J., 278 Neb. 1057, 775 N.W.2d 404 (2009) Holding: A temporary order for child support does not adjudicate paternity. [The] consent of the father of a child born out of wedlock who has been adjudicated to be the father by a court is required for an adoption to proceed unless the <strong>Nebraska</strong> court having jurisdiction over the custody of the child determines otherwise pursuant to § 43-104.22. See § 43-104.01(7). An adjudicated father is an individual determined to be the father by a court of competent jurisdiction. The only court order entered addressing [the father’s] paternity was a temporary order in the district court …requiring [the father] to pay child support and to provide medical insurance and designating visitation. This temporary order was not a final court-ordered determination that [the biological father] was [the child’s] father. - 6 -
See Lehr v. Robertson, 463 U.S. 248, 103 S. Ct. 2985, 77 L. Ed. 2d 614 (1983), regarding the constitutionally protected rights of unwed fathers under the 14 th Amendment’s Due Process Clause. “the Court draws a distinction between unmarried biological fathers who have developed a relationship with their child and fathers without such a relationship.” – citing Heart of Adoptions, Inc. v. J.A., 963 So. 2d 189, 204 (Fla. 2007) We conclude that for an adoption to proceed, the consent of the biological father who has established a familial relationship with his child is required unless, under § 43-104(2), the party seeking adoption has established that the biological parent: (2) has relinquished the child for adoption by a written instrument, (b) has abandoned the child for at least six months next preceding the filing of the adoption petition, (c) has been deprived of his or her parental rights to such child by the order of any court of competent jurisdiction, or (d) is incapable of consenting. Smith v. Smith, 201 Neb. 21, 265 N.W.2d 855 (1978) Mother who secures consent to adoption from father cannot later seek child support from the biological father after she does not go through with the adoption. The securing of the consent of the father to an adoption by another of his child is such action which by its nature should terminate further liability for child support. But see… Williams v. Williams, 206 Neb. 630, 294 N.W.2d 357 (1980) We do not believe that the mere execution of a document consenting to the adoption of a child, standing alone, is sufficient to justify imposing the doctrine of equitable estoppel and denying to a parent with custody of a child the benefits of a previously entered order of a court. To the extent that our holding in Smith v. Smith, is to the contrary, it is modified. In Re Adoption of David C., 280 Neb. 719, 790 N.W.2d 205 (October 2010) The issue of abandonment in an adoption pro eding must be established by clear and convincing evidence. The question of abandonment is largely one of intent to be determined in each case from all the facts and circumstances. “Willful abandonment has been defined as ‘a voluntary and intentional relinquishment of the custody of the child to another, with the intent to never again claim the rights of a parent or perform the duty of a parent; or, second, an intentional withholding from the child, without just cause or excuse, by the parent, of his presence, his care, his love and his protection, maintenance, and the opportunity for the display of filial affection . . . .’. . .” In re Application of S.R.S. and M.B.S., 225 Neb. 759, 765, 408 N.W.2d 272, 276 (1987), quoting In re Adoption of Simonton, 211 Neb. 777, 320 N.W.2d 449 (1982). The parental obligation “requires continuing interest in the child and a genuine effort to maintain communication and association with that child. Abandonment is not an ambulatory thing the legal effects of which a parent may dissipate at will by token efforts at reclaiming a discarded child.” – citing In re Adoption of Simonton, supra. See § 43-104.22. The effect of a finding of abandonment is that the putative biological father has no further standing to raise objections in the matter of the adoption. - 7 -
Page 1 and 2: Have a Wonderful Summer! Child Supp
Page 3 and 4: Table of Contents:* * (accessible v
Page 5 and 6: Table of Contents (continued): Mult
Page 7 and 8: A Note for Legal Practitioners: Mem
Page 9 and 10: Overview/ IV-D Attorney Duty Gangwi
Page 11: Neb. Rev. Stat. § 7-105(2) (Reissu
Page 15 and 16: their attorney of record and, excep
Page 17 and 18: State ex rel. Lemon v. Gale, 272 Ne
Page 19 and 20: disobedience as an essential elemen
Page 21 and 22: student loan that the noncustodial
Page 23 and 24: having jurisdiction to compel the s
Page 25 and 26: Drew on Behalf of Reed v. Reed, 16
Page 27 and 28: income, is to be considered in dete
Page 29 and 30: § 48-802 - Statutes, General Rules
Page 31 and 32: from arriving on the scene, either
Page 33 and 34: In equity cases trial judges should
Page 35 and 36: Similarly, a party who does more th
Page 37 and 38: Common Law Marriages States that au
Page 39 and 40: Constitutional Issues/ Statutory In
Page 41 and 42: Little v. Streater, 452 U.S. 1, 101
Page 43 and 44: In re Interest of Thomas M., 282 Ne
Page 45 and 46: See Smeal Fire Apparatus Co. v. Kre
Page 47 and 48: Because a conditional commitment is
Page 49 and 50: obligation when he currently has an
Page 51 and 52: An order modifying child custody wh
Page 53 and 54: Haynes v. Haynes, 205 Neb. 35, 286
Page 55 and 56: Stuhr v. Stuhr, 240 Neb. 239, 481 N
Page 57 and 58: By failing to take the genetic test
Page 59 and 60: State on behalf of L.L.B. v. Hill,
Page 61 and 62: Due Process Conn v. Conn, 13 Neb. A
Page 63 and 64:
or court order of emancipation or a
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Henderson v. Henderson, 264 Neb. 91
Page 67 and 68:
they have income. There is no floor
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Lainson v. Lainson, 219 Neb. 170, 3
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Millatmal v. Millatmal, 272 Neb. 45
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24A Am. Jur. 2d Divorce and Separat
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[T]he fact that [the custodial pare
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The same principles that apply with
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“[C]oncerns regarding the stigma
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(a) The interpretation of the suppo
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make the appointment. In other case
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Guidelines Issues (Including suffic
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Note: In July 2008 the Federal Chil
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Erica J. v. Dewitt, 265 Neb. 728, 6
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Morrill County v. Darsaklis, 7 Neb.
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Any deviation from the guidelines m
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to also pay reimbursement for reaso
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or law of another state substantial
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§43-1711 Income, defined. Income s
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Simpson v. Simpson, 275 Neb. 152, 7
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§42-364.09. Child support; withhol
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§43-1709. Employer or other payor,
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(6) That the employer or other payo
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income withholding for current supp
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Title IV-D Division of the Departme
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Held: The state was acting beyond i
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(3) Any juvenile…whose parent, gu
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proceeding or a new action. Since t
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State, Dept. of Social Services v.
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amount equal to the support due and
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Source: Laws 1975, LB 212, § 8; La
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The second is used in aid of an exe
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Halsted v. Halsted, 169 Neb. 325, 9
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Neb. Ct. R. § 4-217 Modification.
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she had sufficient resources to pro
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If applicable, earning capacity may
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Gress v. Gress, 274 Neb. 686, 743 N
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A district court may modify a regis
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Peter v. Peter, 262 Neb. 1017, 637
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See also: Wilkins v. Wilkins, 269 N
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Under certain circumstances, an ame
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A party seeking to modify a dissolu
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(2)The department, through its agen
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§ 43-1408.01 Notarized acknowledgm
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§43-1414. Genetic testing; procedu
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Carlson v. Bartels, 143 Neb. 680, 1
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as to the paternity of the minor ch
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Jones v. Paulson, 261 Neb. 327, 622
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in loco parentis to the child. See,
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(b) If the court orders income with
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enforcement, for example, we are fo
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ights of visitation. Later mother c
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Matchett v. Dunkle, 244 Neb. 639, 5
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Connecticut, the District of Columb
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In order to stand in loco parentis,
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Of particular interest is the requi
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Social Security (Also see Equity, E
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Calculate support this way: 1. Mom
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Spousal support, when used in the c
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punishment for sexual assault in th
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Hall v. Hall, 238 Neb. 686, 472 N.W
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interests of a child are served by
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§42-722. Private counsel. An indiv
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the following three conditions are
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Source: Laws 1993, LB 500, § 43 §
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Despite a basic difference in the n
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Conrad v. Conrad, 208 Neb. 588, 304
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Mace v. Mace, 13 Neb. App. 896, 703
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In re Interest of Chance J., 279 Ne
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per hour, two hour minimum. C. (1)
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(3) If, regardless of whether payme
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Rule 21 adopted April 16, 2008. Ren
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Nebraska Information System (NIS):
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web site: www.usmc-mccs.org/contact
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FIPS FPLS IRG IV-D JUSTICE MSFIDM N
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Child Support Enforcement - Sarpy County Nebraska

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