Child Support Enforcement - Sarpy County Nebraska

More documents

Recommendations

Info

$F:\Kevin\2007 Case Lists\Currently on web page\District Judges ...$



$\\orion\ChildSupport\Kevin\2007 Case Lists\Currently on web page ...$

§42-358 Attorney for minor child; appointment; powers; child or spousal support; records; income withholding; contempt proceedings; fees; evidence; appeal (1)… (2) Following entry of any decree, the court having jurisdiction over the minor children of the parties may at any time appoint an attorney, as friend of the court, to initiate contempt proceedings for failure of any party to comply with an order of the court directing such party to pay temporary or permanent child support. The county attorney or authorized attorney may be appointed by the court for the purposes provided in this section, in which case the county attorney or authorized attorney shall represent the state. (3) … A rebuttable presumption of contempt shall be established if a prima facie showing is made that the court-ordered child or spousal support is delinquent. … If income withholding is not feasible and no other action is pending for the collection of support payments, the court shall appoint an attorney to commence contempt of court proceedings. If the county attorney or authorized attorney consents, he or she may be appointed for such purpose. The contempt proceeding shall be instituted within ten days following appointment, and the case shall be diligently prosecuted to completion. … (4) If, at the hearing, the person owing child or spousal support is called for examination as an adverse party and such person refuses to answer upon the ground that his or her testimony may be incriminating, the court may, upon the motion of the county attorney or authorized attorney, require the person to answer and produce the evidence. In such a case the evidence produced shall not be admissible in any criminal case against such person nor shall any evidence obtained because of the knowledge gained by such evidence be so admissible. 42-358.03. Permanent child support payments; failure to pay; work release program. Any person found guilty of contempt of court for failure to pay permanent child support payments and imprisoned therefore shall be committed to a court-supervised work release program. Ninety percent of earnings realized from such program shall be applied to payment of delinquencies in support payments minus appropriate deductions for the cost of work release. Source: Laws 1975, LB 212, § 5. Camp v. Camp, 14 Neb. App. 473 (2006) A civil contempt is instituted to preserve and enforce the rights of private parties to a suit, to compel obedience to orders and decrees made to enforce such rights, and to administer the remedies to which the court has found the parties to be entitled. A court that has jurisdiction to make a decision also has the power to enforce it by making such orders as are necessary to carry its judgment or decree into effect. Eliker v. Eliker, 206 Neb. 764, 295 N.W.2d 268 (1980) Practice Tip: This is a great case to use in contempt of court proceedings! Good discussion of distinction between civil and criminal contempt A proceeding brought under this section [§42-358] is civil in nature. Where a divorced husband neglects to apply for a modification of the divorce decree, in spite of the fact that sufficient grounds exist to warrant modification, the mere existence of such grounds with respect to payments due under the decree is not available as a defense to proceedings for contempt for violating the decree. See 17 Am. Jur. 2d Contempt § 40 (1964) Issues of visitation and previous failure to enforce a child support order are not relevant to proceedings under section 42-358, R.R.S.1943, or section 42-364.01, - 36 -
In re Interest of Thomas M., 282 Neb. 316, 803 N.W.2d 46 (Sept. 2011) Generally, a court may punish for contempt as a part of the court’s inherent contempt powers. The juvenile court, as a court of record, has the statutory authority pursuant to Neb. Rev. Stat. § 25-2121 (Reissue 2008) to punish contemptuous conduct by fine or imprisonment. To find a party in contempt in juvenile court, there must be a finding of willful violation of a juvenile court’s order. A proceeding before a juvenile court is a “special proceeding” for appellate purposes. To be final and appealable, an order in a special proceeding must affect a substantial right. A substantial right is an essential legal right, not a mere technical right. DHHS claims that the juvenile court erred when it found DHHS in contempt, because the juvenile court did not have jurisdiction to issue a contempt order due to DHHS’ sovereign immunity. We reject this argument. The juvenile court has jurisdiction over DHHS as the “custodian” of [the minor child]. See § 43-247(5) (providing that juvenile court has jurisdiction over “[t]he parent, guardian, or custodian of any juvenile described in this section”). See, also, Neb. Rev. Stat. §§ 43-284 (Reissue 2008) and 43-285 (Cum. Supp. 2010). Because the State, through the county attorney, initiated the action under the juvenile code, the State had elected to sue and waived sovereign immunity to the extent encompassed by the juvenile code. See Neb. Const. art. V, § 22 (providing that State “may sue and be sued, and the Legislature shall provide by law in what manner and in what courts suits shall be brought”). It logically follows that where the State has waived sovereign immunity in the case and the agency (DHHS) has appeared in the case, the breadth of the waiver by the State is equally applicable to the agency. See In re Interest of Krystal P. et al., supra. See, also, Doe v. Board of Regents, 280 Neb. 492, 788 N.W.2d 264 (2010) (equating agency and State for purposes of waiver of sovereign immunity); <strong>County</strong> of Lancaster v. State, 247 Neb. 723, 529 N.W.2d 791 (1995). Given that the juvenile court had contempt power, … and given that DHHS had appeared in the case and waived sovereign immunity, the juvenile court had authority to enforce its contempt order against DHHS. Although not framed as a due process issue, DHHS nevertheless contends and we agree that adequate notice and a meaningful opportunity to be heard prior to entry of a contempt order are warranted. To find a party in contempt in juvenile court, there must be a finding of willful violation of a juvenile court’s order. . . . [O]nly a willful failure to abide by the juvenile court’s order would be contemptuous and, . . . willfulness is a fact which must be established on the record. Based on the record presented, DHHS has not yet been held in contempt as a result of this order. Thus, DHHS’ objection to this order is limited to the terms of the order itself. We conclude that the order appealed from is not a final, appealable order. To be final and appealable, an order in a special proceeding must affect a substantial right. . . . A substantial right is an essential legal right, not a mere technical right. - 37 -
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 and 20: disobedience as an essential elemen
Page 21 and 22: student loan that the noncustodial
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: Little v. Streater, 452 U.S. 1, 101
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):
Page 209 and 210:
web site: www.usmc-mccs.org/contact
Page 211 and 212:
FIPS FPLS IRG IV-D JUSTICE MSFIDM N
show all

Child Support Enforcement - Sarpy County Nebraska

Create successful ePaper yourself

Delete template?

Save as template?