Child Support Enforcement - Sarpy County Nebraska
Child Support Enforcement - Sarpy County Nebraska
Child Support Enforcement - Sarpy County Nebraska
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Millatmal v. Millatmal, 272 Neb. 452, 723 N.W.2d 79 (2006)<br />
In divorce action between two natives of Pakistan, husband was ordered to pay child support for<br />
child who lived with mother, but who was legally married under Pakistani law, in an arranged<br />
marriage. <strong>Child</strong>’s husband continued to live in Pakistan. No steps had been taken to end that<br />
marriage.<br />
§42-117 (Reissue 2004) – All marriages contracted without this state, which would<br />
be valid by the laws of the country in which the same were contracted, shall be valid<br />
in all courts and places in this state.<br />
Query: Where does this leave us should a same sex couple legally married in Canada, Europe,<br />
D.C and various other United States, seek a separation agreement or divorce here, and child<br />
support is an issue? How about a CP who is divorced from a same sex marriage who has a<br />
child support order stemming from that divorce? Stay tuned…<br />
Given that Naheed’s Pakistani marriage is considered valid in <strong>Nebraska</strong>, we<br />
conclude that Naheed is emancipated. As a result of her emancipation, the district<br />
court abused its discretion in ordering Taj to pay child support to Parveen.<br />
See, also, Randall v. Randall, 216 Neb. 541, 545, 345 N.W.2d 319, 321 (1984)<br />
(“validity of a marriage is generally determined by the law of the place where it was<br />
contracted”).<br />
Moore v. Bauer, 11 Neb. App. 572, 657 N.W.2d 25 (2003)<br />
In <strong>Nebraska</strong>, an obligor’s duty to pay child support for a child terminates when the<br />
child reaches 19 years of age, the child marries, the child dies, or the child is<br />
emancipated by a court of competent jurisdiction, unless the court order for child<br />
support specifically extends child support after such circumstances. Neb. Rev. Stat.<br />
§42-371.01 (Cum. Supp. 2002).<br />
Palagi v. Palagi, 10 Neb. App. 231, 627 N.W.2d 765 (2001)<br />
Facts : <strong>Nebraska</strong> divorce involving a noted Omaha attorney. Parties continued to reside in<br />
<strong>Nebraska</strong>, but 18 yr old child went away to college in Kansas, which has an 18 year age of<br />
emancipation. Obligor parent wanted to stop paying child support.<br />
Held: <strong>Support</strong> continues.<br />
Emancipation means the freeing of the child for a portion of its minority from the<br />
care, custody, control, and service of its parents.<br />
Emancipation occurs where the parent renounces all the legal duties and voluntarily<br />
surrenders all the legal rights of his or her position to the child or to others.<br />
A child who moves out of a custodial parent’s home for a short time is not<br />
emancipated if that child continues to be supported by a parent.<br />
In order to acquire a domicile by choice, there must be a concurrence of (1)<br />
residence (physical presence) in the new locality and (2) an intention to remain there<br />
This state also has a significant interest in having its law applied to its divorce<br />
decree, which still governs the matter of child support obligations between two of this<br />
state’s citizens.<br />
a number of courts have declined to apply either a newly enacted age of majority or<br />
another state’s age of majority to a preexisting support decree. These cases reason<br />
that at the time the support agreement was issued, the parties intended the age of<br />
majority in support orders to mean the age of majority existing when the support<br />
order originated.<br />
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