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.
A party seeking to modify a dissolution decree must show a material change of<br />
circumstances which occurred subsequent to the entry of the original decree or a<br />
previous modification which was not contemplated when the prior order was entered.<br />
Modifying the amounts awarded to a parent in the decree, without following the<br />
appropriate procedures for bringing and resolving an application to modify the<br />
decree, was not appropriate.<br />
Multiple Families<br />
Emery v. Moffett, 269 Neb. 867, 697 N.W.2d 249 (2005)<br />
There is no precise mathematical formula for calculation child support when<br />
subsequent children are involved; the calculation is left to the discretion of the court<br />
as long as the court considers the obligations to both families and the income of the<br />
other parent of the subsequent children.<br />
Parenting Act of 2008<br />
The <strong>Nebraska</strong> bar association has produced a PDF brochure on the 2008 Parenting Act.<br />
It is available at: www.nebar.com/pdfs/education/2008/bro.parent-act010308.pdf<br />
It is crucial for child support IV-D attorneys to be aware that this act does NOT normally<br />
affect the work we do. LB 554, which became the Parenting Act, states in section 5 (2) that “A<br />
county attorney or authorized attorney shall not participate in the development of or court review<br />
of a parenting plan under the Parenting Act.”<br />
However…<br />
State ex rel. Amanda M. v. Justin T., 279 Neb. 273, 777 N.W.2d 565 (Jan. 2010)<br />
The Parenting Act may be utilized in state initiated paternity cases when both<br />
parents are parties to the paternity or child support action. See Neb. Rev. Stat. §<br />
43-2924 (2).<br />
When the issue of custody is raised in a state initiated paternity/child support case,<br />
the district court is required to develop a parenting plan which “shall serve the best<br />
interests of the child.”<br />
Before awarding parents joint custody of a minor child, due process requires that the<br />
trial court hold a hearing on the issue.<br />
When a court has determined that joint physical custody is, or may be, in a child’s<br />
best interests but neither party has requested joint custody, the court must give the<br />
parties an opportunity to present evidence on the issue before imposing joint<br />
custody.<br />
- 139 -