Child Support Enforcement - Sarpy County Nebraska
Child Support Enforcement - Sarpy County Nebraska
Child Support Enforcement - Sarpy County Nebraska
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Because a conditional commitment is a possible sanction in a civil contempt<br />
proceeding, we conclude that the “clear and convincing” standard of proof is the<br />
most appropriate standard.<br />
we overrule all the cases listed in footnote 129 to the extent that these cases hold or<br />
imply that proof beyond a reasonable doubt is required for civil contempt<br />
proceedings. Outside of statutory procedures imposing a different standard, it is the<br />
complainant’s burden to prove civil contempt by clear and convincing evidence.<br />
State ex rel. Bonner v. McSwine, 14 Neb. App. 486, 709 N.W.2d 691 (2006)<br />
A finding that a judgment debtor is not in contempt does not discharge or otherwise<br />
impair the underlying judgment for child support. (Duh!)<br />
Pursuant to Neb. Rev. Stat. § 43-1613 (Reissue 2004), in any and all cases referred<br />
to a child support referee by the district court, the parties shall have the right to<br />
take exceptions to the findings and recommendations made by the referee and to<br />
have a further hearing before the district court for final disposition.<br />
Turner v. Rogers et al., U.S. Supreme Court (June 2011) – (See Constitutional law)<br />
Corporations<br />
Gangwish v. Gangwish, 267 Neb. 901, 678 N.W.2d 503 (2004)<br />
While building equity in a corporation in lieu of taking salary can be a wise business<br />
decision, the “’support of one’s children is a fundamental obligation which takes<br />
precedence over almost everything else.<br />
It would simply be inequitable for the children to suffer because of the father’s<br />
decision to build value in the corporation by depressing his salary.<br />
Courts must consider, in addition to looking at the noncustodial parent’s reported<br />
income, (1) the in-kind benefits, e.g., perquisites, that the parent received from the<br />
corporation; (2) the corporation’s depreciation expenses; and (3) with due regard for<br />
business realities, the amount of the corporation’s income which should equitably<br />
have been attributed to the parent.<br />
Criminal Non-<strong>Support</strong> & Related<br />
§ 28-706 Criminal Non-<strong>Support</strong>; penalty; exceptions.<br />
(1) Any person who intentionally fails, refuses, or neglects to provide proper support which he<br />
or she knows or reasonably should know he or she is legally obliged to provide to a spouse,<br />
minor child, minor stepchild, or other dependent commits criminal nonsupport.<br />
(2) …<br />
(3) <strong>Support</strong> includes, but is not limited to, food, clothing, medical care, and shelter.<br />
(4) A designation of assets for or use of income by an individual in accordance with section 68-<br />
922 shall be considered just cause for failure to use such assets or income to provide medical<br />
support of such individual’s spouse.<br />
(5) This section does not exclude any applicable civil remedy.<br />
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