Child Support Enforcement - Sarpy County Nebraska

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