Child Support Enforcement - Sarpy County Nebraska

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Bankruptcy Changes to federal bankruptcy laws that took effect in October 2005 have streamlined the process for enforcing child support orders against obligated parents who have filed for protection under federal bankruptcy law. Generally, any enforcement action you are able to utilize against an obligated parent who is not in bankruptcy court may also be utilized against an obligated parent who has filed for bankruptcy protection. Please see www.acf.hhs.gov/programs/cse/pol/AT/2006/at-06-05.htm for more information. A useful “Q & A” series on the relationship between child support and bankruptcy may be found at: http://www.acf.hhs.gov/programs/cse/pol/AT/2006/at-06- 05a.pdf By letter from Nebraska’s HHSS’ Administrator of the Office of Economic and Family Support, county and authorized attorneys are asked to file Proofs of Claim with bankruptcy courts for all cases where you are notified that an obligated parent has filed for bankruptcy protection, regardless under which Chapter (7, 12 or 13) the filing took place. This recommendation recognizes that child support debt is not dischargeable under federal bankruptcy law, and that even if a Proof of Claim is not filed child support is absolutely protected from discharge. However by filing a proof of claim you are serving notice on the court and the trustee of the exact amount of the child support (and spousal support, where applicable) debt, and this should increase the likelihood that enough assets will be set aside in a Chapter 13 case to allow for the repayment of the support obligation in a timely manner. An exception would be if the “Notice of Chapter __ Bankruptcy Case” instructs you not to file a proof of claim. The federal judiciary has posted a primmer on “Bankruptcy Basics” at http://www.uscourts.gov/bankruptcycourts/bankruptcybasics.html The link for the U.S. Bankruptcy Court for the District of Nebraska is: http://www.neb.uscourts.gov/. Court may access sample completed forms, as well as complete Proof of Claim and other forms online via the website, under the “Resources” tab. A helpful link to the U.S. Trustee Program may be found here. Nebraska’s HHSS office has listed Sam Kaplan as a contact for those with questions, or needing information. His phone number is 402-471-9263. Erica J. v. Dewitt, 265 Neb. 728, 659 N.W.2d 315 (2003) Facts: In modification action the child support referee gave the noncustodial parent a dollar for dollar deduction against his newly recalculated child support amount on account of a bankruptcy repayment plan he was paying on. The referee compared the bankruptcy repayment plan to a - 14 -
student loan that the noncustodial parent could not escape paying, and which credit can be given for according to case law. The district court affirmed the referee and the State appealed. Held: this was error. The guidelines allow deductions for taxes, Social Security, health insurance, mandatory retirement contributions, and child support for other children. Payments to a bankruptcy plan are not specifically provided for in the guidelines as a deduction or credit. See paragraph C(5). The Court of Appeals has held that a payment to a bankruptcy plan in and of itself is not sufficient to rebut the presumption that the guidelines should be applied or to require a deviation from the guidelines to avoid an unjust result. See Lebrato v. Lebrato, 3 Neb. App. 505, 529 N.W.2d 90 (1995). From our de novo review of the referee’s report, we conclude that the referee erred in allowing a $100 credit for the payments to Dewitt’s bankruptcy plan. The referee was not justified in crediting $100 of the bankruptcy plan payment directly against the child support Child Care Dworak v. Fugit, 1 Neb. App. 332, 495 N.W.2d 47 (1992). child-care costs may be awarded as an incident to child support in a paternity action. Hamm v. Hamm, 228 Neb. 294, 422 N.W.2d 336 (1988) The child support guidelines specify that day care expenses are to be considered independently of the child support amount. Child Support & Related (see also Earning Capacity, Equity, Guidelines, Modification Issues, Temporary Support) Temporary child support – see § 42-357. § 42-364 (4) states in part that “Child support paid to the party having custody of the minor child shall be the property of such party except as provided in section 43-512.07.” With regard to requests for an accounting of child support monies spent by a custodial parent, see: 42-364. Dissolution or legal separation; decree; parenting plan; children; custody determination; rights of parents; child support; termination of parental rights; court; duties; modification proceedings. … (6) In determining the amount of child support to be paid by a parent, the court shall consider the earning capacity of each parent and the guidelines provided by the Supreme Court pursuant to section 42-364.16 for the establishment of child support obligations. Upon application, hearing, and presentation of evidence of an abusive disregard of the use of child support money paid by one party to the other, the court may require the party receiving such payment to file a verified report with the court, as often as the court requires, stating the manner in which such money is used. - 15 -
Page 1 and 2: Have a Wonderful Summer! Child Supp
Page 3 and 4: Table of Contents:* * (accessible v
Page 5 and 6: Table of Contents (continued): Mult
Page 7 and 8: A Note for Legal Practitioners: Mem
Page 9 and 10: Overview/ IV-D Attorney Duty Gangwi
Page 11 and 12: Neb. Rev. Stat. § 7-105(2) (Reissu
Page 13 and 14: See Lehr v. Robertson, 463 U.S. 248
Page 15 and 16: their attorney of record and, excep
Page 17 and 18: State ex rel. Lemon v. Gale, 272 Ne
Page 19: disobedience as an essential elemen
Page 23 and 24: having jurisdiction to compel the s
Page 25 and 26: Drew on Behalf of Reed v. Reed, 16
Page 27 and 28: income, is to be considered in dete
Page 29 and 30: § 48-802 - Statutes, General Rules
Page 31 and 32: from arriving on the scene, either
Page 33 and 34: In equity cases trial judges should
Page 35 and 36: Similarly, a party who does more th
Page 37 and 38: Common Law Marriages States that au
Page 39 and 40: Constitutional Issues/ Statutory In
Page 41 and 42: Little v. Streater, 452 U.S. 1, 101
Page 43 and 44: In re Interest of Thomas M., 282 Ne
Page 45 and 46: See Smeal Fire Apparatus Co. v. Kre
Page 47 and 48: Because a conditional commitment is
Page 49 and 50: obligation when he currently has an
Page 51 and 52: An order modifying child custody wh
Page 53 and 54: Haynes v. Haynes, 205 Neb. 35, 286
Page 55 and 56: Stuhr v. Stuhr, 240 Neb. 239, 481 N
Page 57 and 58: By failing to take the genetic test
Page 59 and 60: State on behalf of L.L.B. v. Hill,
Page 61 and 62: Due Process Conn v. Conn, 13 Neb. A
Page 63 and 64: or court order of emancipation or a
Page 65 and 66: Henderson v. Henderson, 264 Neb. 91
Page 67 and 68: they have income. There is no floor
Page 69 and 70: Lainson v. Lainson, 219 Neb. 170, 3
Page 71 and 72:
Millatmal v. Millatmal, 272 Neb. 45
Page 73 and 74:
24A Am. Jur. 2d Divorce and Separat
Page 75 and 76:
[T]he fact that [the custodial pare
Page 77 and 78:
The same principles that apply with
Page 79 and 80:
“[C]oncerns regarding the stigma
Page 81 and 82:
(a) The interpretation of the suppo
Page 83 and 84:
make the appointment. In other case
Page 85 and 86:
Guidelines Issues (Including suffic
Page 87 and 88:
Note: In July 2008 the Federal Chil
Page 89 and 90:
Erica J. v. Dewitt, 265 Neb. 728, 6
Page 91 and 92:
Morrill County v. Darsaklis, 7 Neb.
Page 93 and 94:
Any deviation from the guidelines m
Page 95 and 96:
to also pay reimbursement for reaso
Page 97 and 98:
or law of another state substantial
Page 99 and 100:
§43-1711 Income, defined. Income s
Page 101 and 102:
Simpson v. Simpson, 275 Neb. 152, 7
Page 103 and 104:
§42-364.09. Child support; withhol
Page 105 and 106:
§43-1709. Employer or other payor,
Page 107 and 108:
(6) That the employer or other payo
Page 109 and 110:
income withholding for current supp
Page 111 and 112:
Title IV-D Division of the Departme
Page 113 and 114:
Held: The state was acting beyond i
Page 115 and 116:
(3) Any juvenile…whose parent, gu
Page 117 and 118:
proceeding or a new action. Since t
Page 119 and 120:
State, Dept. of Social Services v.
Page 121 and 122:
amount equal to the support due and
Page 123 and 124:
Source: Laws 1975, LB 212, § 8; La
Page 125 and 126:
The second is used in aid of an exe
Page 127 and 128:
Halsted v. Halsted, 169 Neb. 325, 9
Page 129 and 130:
Neb. Ct. R. § 4-217 Modification.
Page 131 and 132:
she had sufficient resources to pro
Page 133 and 134:
If applicable, earning capacity may
Page 135 and 136:
Gress v. Gress, 274 Neb. 686, 743 N
Page 137 and 138:
A district court may modify a regis
Page 139 and 140:
Peter v. Peter, 262 Neb. 1017, 637
Page 141 and 142:
See also: Wilkins v. Wilkins, 269 N
Page 143 and 144:
Under certain circumstances, an ame
Page 145 and 146:
A party seeking to modify a dissolu
Page 147 and 148:
(2)The department, through its agen
Page 149 and 150:
§ 43-1408.01 Notarized acknowledgm
Page 151 and 152:
§43-1414. Genetic testing; procedu
Page 153 and 154:
Carlson v. Bartels, 143 Neb. 680, 1
Page 155 and 156:
as to the paternity of the minor ch
Page 157 and 158:
Jones v. Paulson, 261 Neb. 327, 622
Page 159 and 160:
in loco parentis to the child. See,
Page 161 and 162:
(b) If the court orders income with
Page 163 and 164:
enforcement, for example, we are fo
Page 165 and 166:
ights of visitation. Later mother c
Page 167 and 168:
Matchett v. Dunkle, 244 Neb. 639, 5
Page 169 and 170:
Connecticut, the District of Columb
Page 171 and 172:
In order to stand in loco parentis,
Page 173 and 174:
Of particular interest is the requi
Page 175 and 176:
Social Security (Also see Equity, E
Page 177 and 178:
Calculate support this way: 1. Mom
Page 179 and 180:
Spousal support, when used in the c
Page 181 and 182:
punishment for sexual assault in th
Page 183 and 184:
Hall v. Hall, 238 Neb. 686, 472 N.W
Page 185 and 186:
interests of a child are served by
Page 187 and 188:
§42-722. Private counsel. An indiv
Page 189 and 190:
the following three conditions are
Page 191 and 192:
Source: Laws 1993, LB 500, § 43 §
Page 193 and 194:
Despite a basic difference in the n
Page 195 and 196:
Conrad v. Conrad, 208 Neb. 588, 304
Page 197 and 198:
Mace v. Mace, 13 Neb. App. 896, 703
Page 199 and 200:
In re Interest of Chance J., 279 Ne
Page 201 and 202:
per hour, two hour minimum. C. (1)
Page 203 and 204:
(3) If, regardless of whether payme
Page 205 and 206:
Rule 21 adopted April 16, 2008. Ren
Page 207 and 208:
Nebraska Information System (NIS):
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web site: www.usmc-mccs.org/contact
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FIPS FPLS IRG IV-D JUSTICE MSFIDM N
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Child Support Enforcement - Sarpy County Nebraska

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