23.06.2014 Views

Child Support Enforcement - Sarpy County Nebraska

Child Support Enforcement - Sarpy County Nebraska

Child Support Enforcement - Sarpy County Nebraska

SHOW MORE
SHOW LESS

You also want an ePaper? Increase the reach of your titles

YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.

Connecticut, the District of Columbia, Iowa, Maryland*, Massachusetts, New<br />

Hampshire, New York, Vermont and Washington State*. (* not yet effective)<br />

California also recognizes the 18,000 same sex marriages that were performed in the<br />

Golden Bear State before the state law changed to stop same sex marriage in 2008. In addition,<br />

a federal court has declared that the California initiative blocking same sex marriages violates<br />

the federal constitution. That is now on a trajectory to be appealed to a panel of the 9 th Federal<br />

Circuit in December, 2010.<br />

Massachusetts approved same sex marriage in 2005. Iowa began issuing same sex<br />

marriage licenses in April 2009 (some 13,000 couples were married in the first year).<br />

Connecticut also began issuing licenses in early 2009. California’s judicial marriage ruling was<br />

rescinded by popular vote in 2008, however it is now on appeal in the federal court system on an<br />

equal protection argument. NY rejected such legislation in December 2009. Maryland’s<br />

attorney general has decided that the Old Line State will also recognize such marriages when<br />

performed elsewhere. In addition, eight states:<br />

California, Connecticut, Delaware, Hawaii, Illinois, Maine, Massachusetts, N.H.,<br />

N.J., Nevada, Oregon, Vermont and Washington State, have approved full civil union<br />

legislation that has many (or all) of the same effects of marriage for same sex (and in some<br />

instances opposite sex) couples. California’s Supreme Court ruled in May, 2009 that while the<br />

voters could restrict the word “marriage” to unions of one man and one woman, homosexual<br />

couples must be afforded all the rights and privileges associated with the institution of marriage,<br />

just under another name, such as “civil union.”<br />

No one really knows how that will play out on an interstate basis. In addition, about two<br />

dozen foreign nations recognize either same sex civil unions or marriages, or both (this number<br />

seemingly increases by the month). Argentina, Belgium, Canada, Iceland, the Netherlands,<br />

Norway, Portugal, South Africa, Spain, Sweden and portions of Mexico apply their marriage<br />

laws equally to all citizens. A list of nations that <strong>Nebraska</strong> maintains reciprocity with can be<br />

found under the “Reciprocity” subject heading.<br />

The reader is advised to verify the status of any same sex marriage or civil union<br />

performed outside <strong>Nebraska</strong> through independent sources, as this is the most fluid area of family<br />

law at the present time.<br />

Hills v. State, 61 Neb. 589, 85 N.W. 836 (1901)<br />

If marriage is valid where celebrated, it is valid in this state.<br />

Second Families/Step-parents<br />

Brooks v. Brooks, 261 Neb. 289, 622 N.W.2d 670 (2001)<br />

We conclude that there is no precise mathematical formula applicable to situations<br />

where a court deviates from the guidelines when children from subsequent<br />

relationships are involved. Subsequent familial relationships vary widely from case to<br />

case. When a deviation from the guidelines is appropriate, the trial court should<br />

consider both parents’ support obligations to all children involved in the<br />

relationships. In considering the obligation to those subsequent children, the trial<br />

court should take into consideration the income of the other parent of these children<br />

as well as any other equitable considerations.<br />

We hold that the specific formula for making such calculations is left to the discretion<br />

of the trial court, as long as the basic principle that both families are treated as fairly<br />

as possible is adhered to. We again emphasize that the trial court shall include the<br />

- 163 -

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!