Child Support Enforcement - Sarpy County Nebraska

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(1) An obligor's duty to pay child support for a child terminates when (a) the child reaches nineteen years of age, (b) the child marries, (c) the child dies, or (d) the child is emancipated by a court of competent jurisdiction, unless the court order for child support specifically extends child support after such circumstances. (2) The termination of child support does not relieve the obligor from the duty to pay any unpaid child support obligations owed or in arrears. (3) The obligor may provide written application for termination of a child support order when the child being supported reaches nineteen years of age, marries, dies, or is otherwise emancipated. The application shall be filed with the clerk of the district court where child support was ordered. A certified copy of the birth certificate, marriage license, death certificate, or court order of emancipation or an abstract of marriage as defined in section 71-601.01 shall accompany the application for termination of the child support. The clerk of the district court shall send notice of the filing of the child support termination application to the last-known address of the obligee. The notice shall inform the obligee that if he or she does not file a written objection within thirty days after the date the notice was mailed, child support may be terminated without further notice. The court shall terminate child support if no written objection has been filed within thirty days after the date the clerk's notice to the obligee was mailed, the forms and procedures have been complied with, and the court believes that a hearing on the matter is not required. … Source: Laws 1997, LB 58, § 1; Laws 2000, LB 972, § 16; Laws 2006, LB 1115, § 30. §43-504. “(1) The term dependent child shall mean a child under the age of nineteen years majority or a child who is under the age of nineteen years who is living with a relative or with a caretaker who is the child’s legal guardian or conservator . . ..” §43-289. The marriage of any juvenile committed to a state institution under the age of nineteen years shall not make such juvenile of the age of majority. Source: Laws 1981, LB 346, § 45; Laws 1985, LB 447, § 26; Laws 1986, LB 1177, § 18; Laws 1989, LB 182, § 15; Laws 1996, LB 1044, § 141. §43-2101. Persons declared minors; marriage, effect. All persons under nineteen years of age are declared to be minors, but in case any person marries under the age of nineteen years, his or her minority ends. Source: Laws 1988, LB 790, § 6. Groseth v. Groseth, 257 Neb. 525, 600 N.W.2d 159 (1999) The age of majority is a “nonmodifiable” provision of a support order when a responding state is modifying a support order issued in another state. See, also, Unif. Interstate Family Support Act, § 611 In re Petition of Anonymous 3, a minor, 279 Neb. 912, 782 N.W.2d 591 (2010) Emancipation means the freeing of the child from the care, custody, control, and service of his or her parents. The emancipation of a minor may be proved by circumstantial evidence or may be implied from the conduct of the parties. Either acts solely initiated and performed by a minor child or acts of a parent inconsistent with the performance of parental obligations may effectuate a minor’s emancipation. - 64 -
Millatmal v. Millatmal, 272 Neb. 452, 723 N.W.2d 79 (2006) In divorce action between two natives of Pakistan, husband was ordered to pay child support for child who lived with mother, but who was legally married under Pakistani law, in an arranged marriage. Child’s husband continued to live in Pakistan. No steps had been taken to end that marriage. §42-117 (Reissue 2004) – All marriages contracted without this state, which would be valid by the laws of the country in which the same were contracted, shall be valid in all courts and places in this state. Query: Where does this leave us should a same sex couple legally married in Canada, Europe, D.C and various other United States, seek a separation agreement or divorce here, and child support is an issue? How about a CP who is divorced from a same sex marriage who has a child support order stemming from that divorce? Stay tuned… Given that Naheed’s Pakistani marriage is considered valid in Nebraska, we conclude that Naheed is emancipated. As a result of her emancipation, the district court abused its discretion in ordering Taj to pay child support to Parveen. See, also, Randall v. Randall, 216 Neb. 541, 545, 345 N.W.2d 319, 321 (1984) (“validity of a marriage is generally determined by the law of the place where it was contracted”). Moore v. Bauer, 11 Neb. App. 572, 657 N.W.2d 25 (2003) In Nebraska, an obligor’s duty to pay child support for a child terminates when the child reaches 19 years of age, the child marries, the child dies, or the child is emancipated by a court of competent jurisdiction, unless the court order for child support specifically extends child support after such circumstances. Neb. Rev. Stat. §42-371.01 (Cum. Supp. 2002). Palagi v. Palagi, 10 Neb. App. 231, 627 N.W.2d 765 (2001) Facts : Nebraska divorce involving a noted Omaha attorney. Parties continued to reside in Nebraska, but 18 yr old child went away to college in Kansas, which has an 18 year age of emancipation. Obligor parent wanted to stop paying child support. Held: Support continues. Emancipation means the freeing of the child for a portion of its minority from the care, custody, control, and service of its parents. Emancipation occurs where the parent renounces all the legal duties and voluntarily surrenders all the legal rights of his or her position to the child or to others. A child who moves out of a custodial parent’s home for a short time is not emancipated if that child continues to be supported by a parent. In order to acquire a domicile by choice, there must be a concurrence of (1) residence (physical presence) in the new locality and (2) an intention to remain there This state also has a significant interest in having its law applied to its divorce decree, which still governs the matter of child support obligations between two of this state’s citizens. a number of courts have declined to apply either a newly enacted age of majority or another state’s age of majority to a preexisting support decree. These cases reason that at the time the support agreement was issued, the parties intended the age of majority in support orders to mean the age of majority existing when the support order originated. - 65 -
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Have a Wonderful Summer! Child Supp
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Table of Contents:* * (accessible v
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Table of Contents (continued): Mult
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A Note for Legal Practitioners: Mem
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Overview/ IV-D Attorney Duty Gangwi
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Neb. Rev. Stat. § 7-105(2) (Reissu
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See Lehr v. Robertson, 463 U.S. 248
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their attorney of record and, excep
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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 and 42: Little v. Streater, 452 U.S. 1, 101
Page 43 and 44: In re Interest of Thomas M., 282 Ne
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: Lainson v. Lainson, 219 Neb. 170, 3
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.
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amount equal to the support due and
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Source: Laws 1975, LB 212, § 8; La
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The second is used in aid of an exe
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Halsted v. Halsted, 169 Neb. 325, 9
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Neb. Ct. R. § 4-217 Modification.
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she had sufficient resources to pro
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If applicable, earning capacity may
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Gress v. Gress, 274 Neb. 686, 743 N
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A district court may modify a regis
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Peter v. Peter, 262 Neb. 1017, 637
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See also: Wilkins v. Wilkins, 269 N
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Under certain circumstances, an ame
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A party seeking to modify a dissolu
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(2)The department, through its agen
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§ 43-1408.01 Notarized acknowledgm
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§43-1414. Genetic testing; procedu
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Carlson v. Bartels, 143 Neb. 680, 1
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as to the paternity of the minor ch
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Jones v. Paulson, 261 Neb. 327, 622
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in loco parentis to the child. See,
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(b) If the court orders income with
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enforcement, for example, we are fo
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ights of visitation. Later mother c
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Matchett v. Dunkle, 244 Neb. 639, 5
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Connecticut, the District of Columb
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In order to stand in loco parentis,
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Of particular interest is the requi
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Social Security (Also see Equity, E
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Calculate support this way: 1. Mom
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Spousal support, when used in the c
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punishment for sexual assault in th
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Hall v. Hall, 238 Neb. 686, 472 N.W
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interests of a child are served by
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§42-722. Private counsel. An indiv
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the following three conditions are
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Source: Laws 1993, LB 500, § 43 §
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Despite a basic difference in the n
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Conrad v. Conrad, 208 Neb. 588, 304
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Mace v. Mace, 13 Neb. App. 896, 703
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In re Interest of Chance J., 279 Ne
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per hour, two hour minimum. C. (1)
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(3) If, regardless of whether payme
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Rule 21 adopted April 16, 2008. Ren
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Nebraska Information System (NIS):
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web site: www.usmc-mccs.org/contact
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FIPS FPLS IRG IV-D JUSTICE MSFIDM N
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Child Support Enforcement - Sarpy County Nebraska

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