Child Support Enforcement - Sarpy County Nebraska

Thornton v. Thornton, 13 Neb. App. 912, 704 N.W.2d 243 (2005)
Service of Process: Notice. Pursuant to Neb. Rev. Stat. §25-517.02 (Reissue
1995), upon motion and showing by affidavit that service cannot be made with
reasonable diligence by any other method provided by statute, the court may
permit service to be made (1) by leaving the process at the defendant’s usual
place of residence and mailing a copy by first-class mail to the defendant’s lastknown
address, (2) by publication, or (3) by any manner reasonably calculated
under the circumstances to provide the party with actual notice of the
proceedings and an opportunity to be heard.
Statutes prescribing the manner of service of summons are mandatory and must
be strictly complied with. Service by certified mail is not sufficient when statute
required notice to be sent by first-class mail.
White v. Mertens, 225 Neb. 241, 404 N.W.2d 410 (1987)
Absent other statutory remedy, unwed father has recourse to declaratory
judgment statutes to establish parental rights. See §25-21,149 et seq.
Part II: Other Miscellaneous Cases:
Boyle v. Boyle, 12 Neb. App. 681, 684 N.W.2d 49 (2004)
When a document is ambiguous, the meaning of the document is a question of
fact and the trier of fact determines the intent of the parties from all the facts and
circumstances. The trier of fact's determination in this regard will be upheld on
appeal unless clearly erroneous.
Brockman v. Brockman, 264 Neb. 106, 646 N.W.2d 594 (2002)
Reasonable security for payment of child support under Neb. Rev. Stat. § 42-
371(6) should be invoked only when extraordinary circumstances require it.
Gordon v. Gordon, 231 Neb. 857, 438 N.W.2d 762 (1989)
It is axiomatic that under Nebraska law the right to receive child support
payments pursuant to a decree of dissolution is a property right of the custodial
parent. Neb. Rev. Stat. §42-364(4)(note: this statute has since been amended, see
§42-364(6) ). The custodial parent becomes a judgment creditor who may collect
or enforce the child support judgment by execution and the means authorized for
collection of money judgments.
Gress v. Gress, 274 Neb. 686, 743 N.W.2d 67 (2007)
Requiring a parent to pay a share of their child’s daycare obligation is also
subject to paragraph R's basic subsistence limitation. It is an abuse of discretion
for a trial court to order a parent to pay a share of their child’s day care expenses
if those costs will drive the parent below the poverty guidelines as set forth in
Paragraph R. of the child support guidelines.
increased financial obligations, like decreased income, also qualify as a change
in one's financial position. As a result, if (the NCP) is ever forced to pay for
daycare and his income is reduced below the poverty line as a result, Patrick
may seek a modification of the court's child support order.
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