Child Support Enforcement - Sarpy County Nebraska
Child Support Enforcement - Sarpy County Nebraska
Child Support Enforcement - Sarpy County Nebraska
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Note: In response to a new federal definition of the term “reasonable in cost” as pertains to<br />
dependent health insurance or “cash medical support”, which definition was approved in July<br />
2008 in the Federal <strong>Child</strong> <strong>Support</strong> Regulations, <strong>Nebraska</strong>’s HHS agency secured an<br />
amendment to our laws that defines “reasonably available” to equate to 3% or less of a<br />
parent’s gross monthly income. This change is contained in LB 288, effective 9/30/2009 (see §<br />
42-369). Note: the concept of “cash medical support” only applies to “IV-D” cases at this<br />
time. The Feds have a broad view of what constitutes “cash medical support”. It can mean<br />
something as simple as ordering a parent to share uncovered medical expenses of the minor<br />
child. This is something routinely done in all cases except where the obligated parent has a<br />
very low income. Note also that “cash medical” awards cannot have the effect of putting the<br />
parent below the poverty guidelines as set forth in state and federal law.<br />
See the section on Guidelines Issues and Health Insurance in this outline for further<br />
information.<br />
State on Behalf of Dunn v. Wiegand, 2 Neb. App. 580, 512 N.W.2d 419 (1994)<br />
If action is filed on behalf of minor child by the state, the state cannot seek<br />
reimbursement by the father for medical expenses of the mother paid by the state if<br />
the child is more than 4 years of age.<br />
See also State v. Oglesby, 244 Neb. 880, 510 N.W.2d 53 (1994)<br />
“the trial court ordered judgment ‘for medical expenses incurred in relation to the<br />
pregnancy, confinement and recovery of [the mother] in the birth of [the child].’ That<br />
part of the judgment is not based on the rights of the child, but is in relation to the<br />
rights of the child’s mother. As such, it was barred by the applicable 4-year statute of<br />
limitations affecting the rights of the mother or the mother’s assignee. Section 43-<br />
1411 does not extend the statute of limitations for anyone other than the minor child<br />
involved.”<br />
Minors – NEW!<br />
Carlos H. vs. Lindsay M., 203 Neb. 1004, 815 N.W. 2d 168 (June 2012)<br />
Held: One minor lacks the legal capacity to sue on his/her own behalf. And a minor may not be<br />
sued personally. A guardian ad litem or next friend must file the action on behalf of the minor.<br />
Carlos was 15 years old at the time this action was filed. The county court<br />
determined that because Carlos was a minor, he was incapable of bringing the<br />
action in his own name. Lindsay was also 15 years old. We must therefore decide<br />
whether either party had the capacity to sue or be sued.<br />
§25-307 - Except as provided by the <strong>Nebraska</strong> Probate Code, the action of an infant<br />
shall be commenced, maintained, and prosecuted by his or her guardian or next<br />
friend. Such actions may be dismissed with or without prejudice by the guardian or<br />
next friend only with approval of the court. When the action is commenced by his or<br />
her next friend, the court has power to dismiss it, if it is not for the benefit of the<br />
infant, or to substitute the guardian of the infant, or any person, as the next friend.<br />
Any action taken pursuant to this section shall be binding upon the infant.<br />
In this state an action of an infant must be brought by his guardian or next friend and<br />
when such an action is brought by a guardian of the infant, the court has power, for<br />
cause, to substitute the next friend in place of the guardian.... The district court has<br />
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