Child Support Enforcement - Sarpy County Nebraska
Child Support Enforcement - Sarpy County Nebraska
Child Support Enforcement - Sarpy County Nebraska
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(6) Except as provided in subsection (7) of this section, criminal nonsupport is a Class II<br />
misdemeanor.<br />
(7) Criminal nonsupport is a Class IV felony if it is in violation of any order of any court.<br />
Source: Laws 1977, LB 38, § 145; Laws 1978, LB 920, § 3; Laws 1988, LB 419, § 11; Laws 1989, LB<br />
362, § 2; Laws 2006, LB 1248, § 52.<br />
<strong>Nebraska</strong> v. Eichelberger, 227 Neb. 545, 418 N. W.2d 580 (1988)<br />
Facts: Defendant fathered one child during his marriage. Later the parties separated and<br />
orders for child support were entered, while the defendant was present in court with counsel.<br />
He failed to comply with the order or pay support, leading to a criminal prosecution.<br />
Intent may be inferred from the words or acts of the defendant and from the<br />
circumstances surrounding the incident.<br />
The State proved that [the defendant] had resources with which he might have paid<br />
his past-due child support many times over. [Defendant] offered no evidence to<br />
overcome the inference that those resources were available to him had he wished to<br />
comply with the support orders.<br />
[I]t is a well-established principle that in a criminal case a court may take judicial<br />
notice of its own records in the case under consideration.<br />
In determining whether a criminal defendant is indigent as the term is used in Neb.<br />
Rev. Stat. § 29-1804.04 (Reissue 1985), a court is to consider the seriousness of the<br />
offense; the defendant’s income; the availability of resources, including real and<br />
personal property, bank accounts, Social Security, and unemployment or other<br />
benefits; normal living expenses; outstanding debts; and the number and age of<br />
dependents.<br />
Exercise of the right to assistance of counsel is subject to the necessities of sound<br />
judicial administration. State v. Richter, supra. Criminal defendants are not permitted<br />
to use their constitutional right to counsel to manipulate or obstruct orderly<br />
procedure in the courts or to interfere with the fair administration of justice.<br />
State v. Bright, 238 Neb. 348, 470 N.W.2d 181 (1991)<br />
State v. Eichelberger, 227 Neb. 545, 418 N.W.2d 580 (1988)<br />
In the context of a criminal statute such as § 28-706, “intentionally” means willfully or<br />
purposely, and not accidentally or involuntarily.<br />
Intent may be inferred from the words or acts of the defendant and from the<br />
circumstances surrounding the incident.<br />
The determination of whether a defendant has the ability to pay child support in<br />
order to determine whether the failure to do so was intentional is a question of fact<br />
left to the jury.<br />
State v. McCrimon, 15 Neb. App. 452, 729 N.W.2d 682 (2007)<br />
Facts: Defendant was sentenced to intensive supervision probation (ISP) following<br />
conviction for insurance fraud. One condition required him to pay $200/mo. Toward his child<br />
support arrears, or be considered in violation of his probation. Defendant appealed.<br />
When a court sentences a defendant to probation, it may impose any conditions of<br />
probation that are authorized by statute.<br />
Requiring a probationer to pay child support is statutorily authorized under Neb. Rev.<br />
Stat. §29-2262(2) (Cum. Supp.2004).<br />
“…although the impact of the probation order in the instant case may be harsh, it is<br />
not unreasonable to expect [the defendant] to pay his preexisting child support<br />
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