Child Support Enforcement - Sarpy County Nebraska

having jurisdiction to compel the support of the child. The court shall approve such settlement
only if it shall find and determine that adequate provision is made for the support of the child and
that the father shall have offered clear evidence of his willingness and ability to perform the
agreement. The court, in its discretion, may require the father to furnish bond with proper
sureties conditioned upon the performance of the settlement.
Source: Laws 1941, c. 81, § 5, p. 323; C.S.Supp.,1941, § 43-705; ; R.S.1943, (1983), § 13-105.
§ 43-1410 Child support; decree or approved settlement; effect after death of parent.
Any judicially approved settlement or order of support made by a court having jurisdiction
in the premises shall be binding on the legal representatives of the father or mother in the event
of his or her death, to the same extent as other contractual obligations and judicial judgments or
decrees.
Source: Laws 1941, c. 81, § 10, p. 325; C.S.Supp.,1941, § 43-710; R.S.1943, (1983), § 13-110.
§ 43-1705 Child support, defined.
Child support shall mean support for one or more children.
Source: Laws 1985, Second Spec. Sess., LB 7, § 25
§ 43-1716. Support, defined.
Support shall mean the providing of necessary shelter, food, clothing, care, medical support,
medical attention, education expenses, funeral expenses, or any other reasonable and necessary
expense.
Source: Laws 1985, Second Spec. Sess., LB 7, § 36; Laws 1991, LB 457, § 24.
Bird v. Bird, 205 Neb. 619, 288 N.W.2d 747 (1980)
Hamm v. Hamm, 228 Neb. 294, 422 N.W.2d 336 (1988)
While the cost of caring for a child is an important consideration in determining child
support, equally important is the father’s ability to make the payments. It is not
advantageous to either party to place the payments for child support beyond the
reach or capability of the father.
Cammarata v. Chambers, 6 Neb. App. 467, 574 N.W.2d 530 (1998)
A child support order may consist merely of an order for “no support.” Even if a
court order provides that no support is due from either parent, that does not change
the fact that there is an existing support order.
County Attorney may not in such cases seek to obtain a support order for custodial
parent under provisions of §43-512.03 (authorizing county attorney intervention to
establish an order for child support where no order presently exists.)
Collins v. Collins, 19 Neb. App. 529, 808 N.W.2d 905 (Feb. 2012)
Under the Nebraska Child Support Guidelines, if applicable, earning capacity may be
considered in lieu of a parent’s actual, present income and may include factors such
as work history, education, occupational skills, and job opportunities.
In the initial determination of child support, earning capacity may be used where
evidence is presented that the parent is capable of realizing such capacity through
reasonable effort.
The party seeking the modification has the burden to produce sufficient proof that a
material change of circumstances has occurred that warrants a modification.
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