Child Support Enforcement - Sarpy County Nebraska
Child Support Enforcement - Sarpy County Nebraska
Child Support Enforcement - Sarpy County Nebraska
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Orders purporting to be final judgments, but that are dependent upon the occurrence<br />
of uncertain future events, do not necessarily operate as “judgments” and may be<br />
wholly ineffective and void as such.<br />
[W]hile conditional orders will not automatically become final judgments upon the<br />
occurrence of the specified conditions, they can operate in conjunction with a further<br />
consideration of the court as to whether the conditions have been met, at which time<br />
a final judgment may be made.<br />
[T]he void conditional judgment rule does not extend to actions in equity.<br />
Conditional judgments are a fundamental tool with which courts sitting in<br />
equity have traditionally been privileged to properly devise a remedy to meet<br />
the situation. Therefore, where it is necessary and equitable to do so, a court of<br />
equitable jurisdiction may enter a conditional judgment and such judgment will not<br />
be deemed void simply by virtue of its conditional nature.<br />
Inequity may result if the court adopts a policy of less than full enforcement of<br />
mutually agreed-upon property and support agreements.<br />
[P]ublic policy forbids enforcement of a private agreement that purports to discharge<br />
a parent’s liability for child support, if the agreement does not adequately provide for<br />
the child. But the agreement at issue here did not discharge (the father’s) liability for<br />
child support. Instead, it expressly provided (the father) with credit for a payment<br />
that the parties agreed would constitute prepayment of any subsequent child support<br />
award. We conclude that on the facts of this case, the agreement is enforceable.<br />
Simons v. Simons, 261 Neb. 570, 624 N.W.2d 36 (2001)<br />
Obligated parent’s release from prison is not an unknowable or uncertain future<br />
event. Only the date of release was unknown. Conditioning future child support<br />
order upon his release from prison does not constitute a conditional judgment.<br />
Distinguish from:<br />
Harvey v. Harvey, 14 Neb. App. 380, 707 N.W.2d 444 (2005)<br />
Court in dissolution proceeding ordered the sale of the marital home, if certain conditions<br />
were not met regarding refinancing within a set time period.<br />
In <strong>Nebraska</strong>, a judgment is the final determination of the rights of the parties in an<br />
action. Neb. Rev. Stat. §25-1301(1) (Cum. Supp. 2004). However, if a judgment<br />
looks to the future in an attempt to judge the unknown, it is a conditional judgment. A<br />
conditional judgment is wholly void because it does not “perform in praesenti” and<br />
leaves to speculation and conjecture what its final effect may be.<br />
Vogel v. Vogel, 262 Neb. 1030, 637 N.W.2d 611 (2002)<br />
Facts: Court ordered differing visitation schedules, depending upon whether the father was<br />
transferred overseas, or if the parents moved close to one another. Mother appealed.<br />
Held: such alternative visitation schedules constitute conditional orders.<br />
If a judgment looks to the future in an attempt to judge the unknown, it is a<br />
conditional judgment. A conditional judgment is wholly void because it does not<br />
“perform in praesenti” and leaves to speculation and conjecture what its final effect<br />
may be. Such orders become effective only upon the happening of certain future<br />
events which may or may not occur. Whether such orders will ever become effective<br />
is speculative.<br />
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