Child Support Enforcement - Sarpy County Nebraska

In re Interest of Chance J., 279 Neb. 81, 776 N.W.2d 519 (2009)
Note: This opinion reverses a horrible opinion authored by the Nebraska Court of Appeals at 17
Neb. App. 645, 768 N.W.2d 472.
Children born to the parties in a marriage are presumed legitimate until proved
otherwise or decreed otherwise by the court.
A court may not properly deprive a parent of the custody of his or her minor child
unless the State affirmatively establishes that such parent is unfit to perform the
duties imposed by the relationship, or has forfeited that right. It is always the
State's burden to prove by clear and convincing evidence that the parent is unfit
and that the child's best interests are served by his or her continued removal
from parental custody.
In determining whether parental rights should be terminated based on
abandonment, paternal uncertainty based on physical appearance of a child or
suspicions of infidelity is not just cause or excuse for abandoning a child born into
wedlock, especially when there are ample means to verify one's paternity.
For purposes of § 43-292(1), " abandonment" is a parent's intentionally
withholding from a child, without just cause or excuse, the parent's presence,
care, love, protection, maintenance, and the opportunity for the display of
parental affection for the child.
Jorn v. Pigs Unlimited, Inc., 255 Neb. 876, 587 N.W.2d 558 (1998)
The term “impairment” is a medical assessment, while the term “disability” is a
legal issue.
Moore v. Bauer, 11 Neb. App. 572, 657 N.W.2d 25 (2003)
It is not unusual for a parent or parents to have continuing financial obligations
regarding their children beyond the age of majority. There is no authority,
statutory or otherwise, that requires a court to consider these types of expenses
in determining the child support obligation for the remaining minor child or
children.
Phillips v. Industrial Machine, 257 Neb. 256, 278, 597 N.W.2d 377, 392 (1999)
Permanent medical impairment is related directly to the health status of the
individual, whereas disability can be determined only within the context of the
personal, social, or occupational demands, or statutory or regulatory
requirements that the individual is unable to meet as a result of the impairment.
(Gerrard, J., concurring).
Reed v. Reed, 277 Neb. 391, 763 N.W.2d 686 (2009)
[A] child support creditor may use the Uniform Fraudulent Transfer Act (UFTA)
to pursue transferred assets that are needed to satisfy a child support award.
(see also Parker v. Parker, 268 Neb. 187, 681 N.W.2d 735 (2004))
An action under the UFTA is equitable in nature, and all persons whose rights will
be directly affected by a decree in equity must be joined as parties in order that
complete justice may be done and that there may be a final determination of the
rights of all parties interested in the subject matter of the controversy
It has been held that if an action is brought for wrongful transfer and it is possible
to fashion relief which does not adversely affect the transferee’s interest, then the
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