Child Support Enforcement - Sarpy County Nebraska

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Juvenile Court Many headaches are caused in attorneys when juvenile courts become involved in matters previously governed by county or district courts. § 42-348. Proceedings; where brought; transfer of proceedings; orders; how treated. All proceedings under sections 42-347 to 42-381 shall be brought in the district court of the county in which one of the parties resides. Proceedings may be transferred to a separate juvenile court or county court sitting as a juvenile court which has acquired jurisdiction pursuant to section 43-2,113. Certified copies of orders filed with the clerk of the court pursuant to such section shall be treated in the same manner as similar orders issued by the court. Source: Laws 1972, LB 820, § 2; Laws 1985, Second Spec. Sess., LB 7, § 9; Laws 1996, LB 1296, § 10; Laws 1997, LB 229, § 8. In the Interest of Ethan M., 18 Neb.App. 63, 774 N.W.2d 766 (2009) We begin by noting that a county court sitting as a juvenile court has the power to conduct a child custody modification proceeding because it has been granted subject matter jurisdiction to do so. Pursuant to 2008 Neb. Laws, L.B. 280, the Legislature modified the jurisdiction of juvenile courts and county courts sitting as juvenile courts so that these courts could exercise jurisdiction over custody matters when the court already has jurisdiction over the juvenile for another purpose. See Neb.Rev.Stat. §§ 24-517, 25-2740, and 43-247 (Reissue 2008). In this regard, § 25- 2740(3) provides that "a county court or separate juvenile court which already has jurisdiction over the child whose paternity or custody is to be determined has jurisdiction over such paternity or custody determination." Pursuant to § 25- 2740(1)(b), a custody determination is defined as a proceeding "to determine custody of a child under [Neb.Rev.Stat. § ] 42-364 [ (Reissue 2008) ]." Neb.Rev.Stat. § 42-364 (Reissue 2008) pertains to custody actions including those involving " [m]odification proceedings." Prior to the passage of L.B. 280, juvenile courts and county courts sitting as juvenile courts did not have subject matter jurisdiction over such proceedings. In re Interest of Tamika S. et al., 3 Neb.App. 624, 529 N.W.2d 147 (1995) Guidelines apply in juvenile cases where child support is ordered. License Suspension See generally Nebraska Revised Statutes §§43-3301 through 43-3326. The intent of the law is to collect all support owed, and not to suspend licenses. It is an enforcement tool especially effective for non-wage earning and self-employed individuals who hold such licenses. It can be imposed through an administrative or judicial process. In my experience, very few license holders understand their rights with regard to the license suspension process. A simple phone call by an obligated parent to the DHHS Review & Modification office (1-800-831-4573) would stave off further actions to suspend the parent’s licenses for up to one year. §43-3314 Delinquent or past-due support; notice to license holder; contents. (1) When the department or a county attorney or authorized attorney has made reasonable efforts to verify and has reason to believe that a license holder in a case receiving services under Title IV-D of the Social Security Act, as amended, (a) is delinquent on a support order in an - 114 -
amount equal to the support due and payable for more than a three-month period of time, (b) is not in compliance with a payment plan for amounts due as determined by a county attorney, an authorized attorney, or the department for such past-due support, or (c) is not in compliance with a payment plan for amounts due under a support order pursuant to a court order for such past-due support, and therefore determines to certify the license holder to the appropriate licensing authority, the department, county attorney, or authorized attorney shall send written notice to the license holder by certified mail to the last-known address of the license holder or to the lastknown address of the license holder available to the court pursuant to section 42-364.13. For purposes of this section, reasonable efforts to verify means reviewing the case file and having written or oral communication with the clerk of the court of competent jurisdiction and with the license holder. Reasonable efforts to verify may also include written or oral communication with custodial parents. (2) The notice shall specify: (a) That the Department of Health and Human Services, county attorney, or authorized attorney intends to certify the license holder to the Department of Motor Vehicles and to relevant licensing authorities pursuant to subsection (3) of section 43-3318 as a license holder described in subsection (1) of this section; (b) The court or agency of competent jurisdiction which issued the support order or in which the support order is registered; (c) That an enforcement action for a support order will incorporate any amount delinquent under the support order which may accrue in the future; (d) That a license holder who is in violation of a support order can come into compliance by: (i) Paying current support if a current support obligation exists; and (ii) Paying all past-due support or, if unable to pay all past-due support and if a payment plan for such past-due support has not been determined, by making payments in accordance with a payment plan determined by the county attorney, the authorized attorney, or the Department of Health and Human Services for such past-due support; and (e) That within thirty days after issuance of the notice, the license holder may either: (i) Request administrative review in the manner specified in the notice to contest a mistake of fact. Mistake of fact means an error in the identity of the license holder or an error in the determination of whether the license holder is a license holder described in subsection (1) of this section; or (ii) Seek judicial review by filing a petition in the court of competent jurisdiction of the county where the support order was issued or registered or, in the case of a foreign support order not registered in Nebraska, the court of competent jurisdiction of the county where the child resides if the child resides in Nebraska or the court of competent jurisdiction of the county where the license holder resides if the child does not reside in Nebraska. Source: Laws 1997, LB 752, § 14; Laws 1999, LB 594, § 30; Laws 2007, LB296, § 154. § 43-3315 License holder; judicial review; notice; effect. If the license holder makes a timely request for judicial review after receiving a notice under section 43-3314, the court of competent jurisdiction as specified in subdivision (2)(e)(ii) of section 43-3314 shall have jurisdiction to hear the license holder’s petition. Upon the timely notification by the license holder to the Department of Health and Human Services that the license holder is seeking judicial review as provided under this section, the Department of Health and Human Services shall stay the action to certify the license holder to the Department of Motor Vehicles and relevant licensing authorities as a license holder described in subsection (1) of section 43-3314 pending the outcome of judicial review. Source: Laws 1997, LB 752, § 15 - 115 -
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Have a Wonderful Summer! Child Supp
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Table of Contents:* * (accessible v
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Table of Contents (continued): Mult
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A Note for Legal Practitioners: Mem
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Overview/ IV-D Attorney Duty Gangwi
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Neb. Rev. Stat. § 7-105(2) (Reissu
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See Lehr v. Robertson, 463 U.S. 248
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their attorney of record and, excep
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State ex rel. Lemon v. Gale, 272 Ne
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disobedience as an essential elemen
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student loan that the noncustodial
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having jurisdiction to compel the s
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Drew on Behalf of Reed v. Reed, 16
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income, is to be considered in dete
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§ 48-802 - Statutes, General Rules
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from arriving on the scene, either
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In equity cases trial judges should
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Similarly, a party who does more th
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Common Law Marriages States that au
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Constitutional Issues/ Statutory In
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Little v. Streater, 452 U.S. 1, 101
Page 43 and 44:
In re Interest of Thomas M., 282 Ne
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See Smeal Fire Apparatus Co. v. Kre
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Because a conditional commitment is
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obligation when he currently has an
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An order modifying child custody wh
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Haynes v. Haynes, 205 Neb. 35, 286
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Stuhr v. Stuhr, 240 Neb. 239, 481 N
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By failing to take the genetic test
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State on behalf of L.L.B. v. Hill,
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Due Process Conn v. Conn, 13 Neb. A
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or court order of emancipation or a
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Henderson v. Henderson, 264 Neb. 91
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they have income. There is no floor
Page 69 and 70: Lainson v. Lainson, 219 Neb. 170, 3
Page 71 and 72: Millatmal v. Millatmal, 272 Neb. 45
Page 73 and 74: 24A Am. Jur. 2d Divorce and Separat
Page 75 and 76: [T]he fact that [the custodial pare
Page 77 and 78: The same principles that apply with
Page 79 and 80: “[C]oncerns regarding the stigma
Page 81 and 82: (a) The interpretation of the suppo
Page 83 and 84: make the appointment. In other case
Page 85 and 86: Guidelines Issues (Including suffic
Page 87 and 88: Note: In July 2008 the Federal Chil
Page 89 and 90: Erica J. v. Dewitt, 265 Neb. 728, 6
Page 91 and 92: Morrill County v. Darsaklis, 7 Neb.
Page 93 and 94: Any deviation from the guidelines m
Page 95 and 96: to also pay reimbursement for reaso
Page 97 and 98: or law of another state substantial
Page 99 and 100: §43-1711 Income, defined. Income s
Page 101 and 102: Simpson v. Simpson, 275 Neb. 152, 7
Page 103 and 104: §42-364.09. Child support; withhol
Page 105 and 106: §43-1709. Employer or other payor,
Page 107 and 108: (6) That the employer or other payo
Page 109 and 110: income withholding for current supp
Page 111 and 112: Title IV-D Division of the Departme
Page 113 and 114: Held: The state was acting beyond i
Page 115 and 116: (3) Any juvenile…whose parent, gu
Page 117 and 118: proceeding or a new action. Since t
Page 119: State, Dept. of Social Services v.
Page 123 and 124: Source: Laws 1975, LB 212, § 8; La
Page 125 and 126: The second is used in aid of an exe
Page 127 and 128: Halsted v. Halsted, 169 Neb. 325, 9
Page 129 and 130: Neb. Ct. R. § 4-217 Modification.
Page 131 and 132: she had sufficient resources to pro
Page 133 and 134: If applicable, earning capacity may
Page 135 and 136: Gress v. Gress, 274 Neb. 686, 743 N
Page 137 and 138: A district court may modify a regis
Page 139 and 140: Peter v. Peter, 262 Neb. 1017, 637
Page 141 and 142: See also: Wilkins v. Wilkins, 269 N
Page 143 and 144: Under certain circumstances, an ame
Page 145 and 146: A party seeking to modify a dissolu
Page 147 and 148: (2)The department, through its agen
Page 149 and 150: § 43-1408.01 Notarized acknowledgm
Page 151 and 152: §43-1414. Genetic testing; procedu
Page 153 and 154: Carlson v. Bartels, 143 Neb. 680, 1
Page 155 and 156: as to the paternity of the minor ch
Page 157 and 158: Jones v. Paulson, 261 Neb. 327, 622
Page 159 and 160: in loco parentis to the child. See,
Page 161 and 162: (b) If the court orders income with
Page 163 and 164: enforcement, for example, we are fo
Page 165 and 166: ights of visitation. Later mother c
Page 167 and 168: Matchett v. Dunkle, 244 Neb. 639, 5
Page 169 and 170: 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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