Child Support Enforcement - Sarpy County Nebraska
Child Support Enforcement - Sarpy County Nebraska
Child Support Enforcement - Sarpy County Nebraska
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punishment for sexual assault in the third degree under section 28-320 when the victim<br />
is under sixteen years of age at the time of the offense.<br />
28-319.01. Sexual assault of a child; first degree; penalty<br />
28-320. Sexual assault; second or third degree; penalty.<br />
28-320.01 Sexual assault of a child; second or third degree; penalties.<br />
Finnern v. Bruner, 167 Neb. 281, 92 N.W.2d 785 (1958)<br />
A decree awarding alimony and child support in an action for divorce does not<br />
become dormant by lapse of time and the defense of the statute of limitations is not<br />
available to defeat recovery of delinquent payments.<br />
Don’t confuse with the issue of child support liens, as set forth in Section §42-371<br />
(R.R.S. 1998)<br />
….<br />
(2) <strong>Child</strong> support and spousal support judgments shall cease to be liens on real or<br />
registered personal property ten years from the date (a) the youngest child becomes<br />
of age or dies or (b) the most recent execution was issued to collect the judgment,<br />
whichever is later, and such lien shall not be reinstated;<br />
(3) Alimony and property settlement award judgments, if not covered by subdivision (2)<br />
of this section, shall cease to be a lien on real or registered personal property ten<br />
years from the date (a) the judgment was entered, (b) the most recent payment was<br />
made, or (c) the most recent execution was issued to collect the judgment,<br />
whichever is latest, and such lien shall not be reinstated;<br />
Freis v. Harvey, 5 Neb. App. 679, 563 N.W.2d 363 (1997)<br />
The language of §42-371(2) and its predecessors is plain and unambiguous. ….it in<br />
no way altered the rule that child support judgments are not judgments under §25-<br />
1515 and thereby are not rendered dormant. Such judgments are likewise not<br />
rendered dormant by §42-371(2).<br />
But see: §43-290<br />
…<br />
The juvenile court shall retain jurisdiction over a parent ordered to pay support for the purpose<br />
of enforcing such support order for so long as such support remains unpaid but not to exceed ten years<br />
from the nineteenth birthday of the youngest child for whom support was ordered.<br />
Statutory Construction/ Interpretation<br />
Groseth v. Groseth, 257 Neb. 525, 600 N.W.2d 159 (1999)<br />
Courts engaged in an exercise of statutory construction must presume that the<br />
Legislature intended a sensible, rather than an absurd, result.<br />
Courts must look to a statute’s purpose and give to the statute a reasonable<br />
construction which best achieves that purpose, rather than a construction that would<br />
defeat it.<br />
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