Child Support Enforcement - Sarpy County Nebraska
Child Support Enforcement - Sarpy County Nebraska
Child Support Enforcement - Sarpy County Nebraska
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[T]he fact that [the custodial parent] did not respond to [the non custodial parent]’s<br />
motion for modification of their divorce decree is not determinative of the status of<br />
the tax exemptions. [The noncustodial parent] may not be granted the exemptions<br />
simply on [the custodial parent’s] failure to respond or appear. Rather, this court,<br />
under its equity powers, balances the interests of the parties and then determines<br />
where the equities lie.<br />
Hartman v. Hartman, 265 Neb. 515, 657 N.W.2d 646 (2003)<br />
The decision to vacate an order any time during the term in which the judgment is<br />
rendered is within the discretion of the court; such a decision will be reversed only if<br />
it is shown that the district court abused its discretion. … [A] district court has<br />
equitable power to vacate a judgment during the term in which it was entered on<br />
grounds which include, but are not limited to, those enumerated in §25-2001(4).<br />
[A] decision to vacate an order within the same term is within the discretion of the<br />
court, the decision will be reversed only if it is shown that the district court abused its<br />
discretion. … An abuse of discretion occurs when the trial court’s decision is based<br />
upon reasons that are untenable or unreasonable or if its action is clearly against<br />
justice or conscience, reason, and evidence.<br />
Note: Terms of the various district courts may be found by accessing their respective rules<br />
on the Supreme Court’s web site.<br />
Henderson v. Henderson, 264 Neb. 916, 653 N.W.2d 226 (2002)<br />
A noncustodial parent is entitled to credit against a monthly child support obligation<br />
for Social Security benefits paid to his or her minor child as a result of the<br />
noncustodial parent’s post divorce disability.<br />
The credit is an equitable credit, which in no way modifies the underlying obligation<br />
to pay for the support of the dependents. See Gress v. Gress, 257 Neb. 112, 596<br />
N.W.2d 8 (Gress I)<br />
Social Security disability insurance program benefits are not means-tested public<br />
assistance benefits, but are based on prior earnings of the recipient, not on the<br />
financial need of the recipient.<br />
Henke v. Guerrero, 13 Neb. App. 337, 692 N.W.2d 762 (2005)<br />
While a paternity action is one at law, the award of child support in such an action<br />
is equitable in nature. “<strong>Child</strong> support is equitable relief.”<br />
A trial court’s award of child support in a paternity case will not be disturbed on<br />
appeal in the absence of an abuse of discretion by the trial court.<br />
Jameson v. Jameson, 13 Neb. App. 703, 700 N.W.2d 638 (2005)<br />
Facts: For several years, Father voluntarily increased the amount of child support he paid<br />
through the child support payment office, resulting in a $19,000 overpayment according to the<br />
records of the clerk of district court. Mother sought erasure of credit, claiming that<br />
overpayments were not an accident but represented voluntary payments by father. (Parents<br />
had agreed informally that support should be increased, but did not seek judicial ratification of<br />
their informal agreement)<br />
Held: Credit is erased, and Father cannot apply overpayments to offset his later<br />
underpayments of support.<br />
Whether overpayments of child support should be credited retroactively against child<br />
support payments in arrears is a question of law. See Palagi v. Palagi, 10 Neb.<br />
App. 231, 627 N.W.2d 765 (2001).<br />
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