Child Support Enforcement - Sarpy County Nebraska
Child Support Enforcement - Sarpy County Nebraska
Child Support Enforcement - Sarpy County Nebraska
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[T]he district court abused its discretion in quashing the subpoena [duces tecum,<br />
seeking NCP’s recent tax returns, life insurance info, home appraisal info and<br />
related documents as to his earning capacity]. The fact in issue is whether the<br />
subordination requested would unduly reduce the security regarding the remaining<br />
amount of approximately $182,000 in child support and alimony. Clearly, the items<br />
requested by [the mother] were relevant to a determination of [the NCP’s] financial<br />
status and whether the child support and alimony liens should be subordinated in<br />
order to allow Michael to refinance his real estate.<br />
NCP has the burden to demonstrate that the release or subordination is not<br />
requested for the purpose of avoiding payment and that the release or subordination<br />
will not unduly reduce the security. The failure to produce an appraised value of the<br />
real estate and the failure to produce evidence of income tax returns and projected<br />
income tax returns leaves the court without any reasonable basis for determining<br />
whether to subordinate the child support and alimony liens. Since [the NCP] is<br />
asking for equitable relief, it is his obligation to produce the information which will<br />
support such relief. We therefore conclude that the district court erred in<br />
subordinating the liens without first having sufficient information before it.<br />
Halsted v. Halsted, 169 Neb. 325, 99 N.W.2d 384 (1959)<br />
Parker v. Parker, 10 Neb. App. 658, 636 N.W.2d 385 (2001)<br />
A judgment lien does not attach to mere legal title where equitable and beneficial<br />
interests are in another. A judgment lien is a lien only on the actual interest of the<br />
judgment debtor, and a judgment lien is subject to all existing equities, whether of<br />
record or not.<br />
A lien for unpaid child support comes into existence only upon service of the<br />
summons of the action seeking unpaid child support. Also see Nowka v. Nowka,<br />
157 Neb. 57, 58 N.W.2d 600 (1953)<br />
State v. Merrill, 273 Neb. 583, 731 N.W.2d 570 (2007)<br />
Facts: Merrill was charged with several felony charges, including child abuse. His grandfather<br />
posted his $5,000 criminal appearance bond, then Merrill assigned the right to get the bond<br />
back to his grandfather. Meantime, the State filed an “Affidavit of Lien for <strong>Child</strong> <strong>Support</strong>” in<br />
the criminal case. Later, Merrill was sentenced to imprisonment on the felony charges, and his<br />
grandfather sought to have the bond money back. The clerk of district court refused, due to the<br />
state’s lien. Merrill appealed. The district court heard and considered the matter as part of the<br />
criminal case, and ordered the bond receipts returned to the grandfather. The state appealed.<br />
We conclude that the State was not authorized to appeal the (district court’s) order<br />
in this criminal case and that therefore, this court lacks jurisdiction over this appeal.<br />
Absent specific statutory authorization, the State, as a general rule, has no right to<br />
appeal an adverse ruling in a criminal case.<br />
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