Child Support Enforcement - Sarpy County Nebraska

Overview/ IV-D Attorney Duty
Gangwish v. Gangwish, 267 Neb. 901, 678 N.W.2d 503 (April 2004)
Support of one’s children is a fundamental obligation which takes precedence over
almost everything else.
Duties of the County or Authorized Attorney with regard to paternity establishment
and child support enforcement are generally set forth in Neb. Rev. Stat. §§ 43-512.01,
43-512.02, 43-512.03, 43-512.05 (explains the business relationship between county
attorneys and HHS), as well as 43-512.08, 43-512.12 and 43-512.15 (modification
actions). See also §43-1411. (The State’s right to sue under §43-1411 is not
conditioned upon the payment of public assistance benefits for the minor child. See
State on Behalf of Hopkins v. Batt, 253 Neb. 852 (1998))
Also see: §42-358. Attorney for minor child; appointment; powers; child or spousal
support; records; income withholding; contempt proceedings; fees; evidence; appeal.
(1) The court may appoint an attorney to protect the interests of any minor children of the parties.
Such attorney shall be empowered to make independent investigations and to cause witnesses to
appear and testify on matters pertinent to the welfare of the children. The court shall by order fix
the fee, including disbursements, for such attorney, which amount shall be taxed as costs and
paid by the parties as ordered. If the court finds that the party responsible is indigent, the court
may order the county to pay the costs.
(2) Following entry of any decree, the court having jurisdiction over the minor children of the
parties may at any time appoint an attorney, as friend of the court, to initiate contempt
proceedings for failure of any party to comply with an order of the court directing such party to
pay temporary or permanent child support. The county attorney or authorized attorney may be
appointed by the court for the purposes provided in this section, in which case the county
attorney or authorized attorney shall represent the state.
(3) . . .
§ 43-512.03. County attorney or authorized attorney; duties; enumerated; department;
powers; actions; real party in interest; representation; section, how construed.
(1) The county attorney or authorized attorney shall:
(a) On request by the Department of Health and Human Services as described in subsection (2)
of this section or when the investigation or application filed under section 43-512 or 43-512.02
justifies, file a complaint against a nonsupporting party in the district, county, or separate
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