Child Support Enforcement - Sarpy County Nebraska

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[P]arties in a proceeding to dissolve a marriage cannot control the disposition of matters pertaining to minor children by agreement. The <strong>Nebraska</strong> divorce statutes do not impose a duty upon any individual other than a parent to pay for the support of minor children. We…hold that in circumstances where a minor child is living with, and being supported by, both of his or her natural parents, the statutory responsibility for the child’s support is solely that of the natural parents. § 42-364(6). In order to stand in loco parentis, one must assume all obligations incident to the parental relationship. …No matter how well intentioned, an ex-stepfather who visits his former stepdaughter on Tuesday and Thursday afternoons and on every other Sunday, cannot, by definition, be deemed as standing in loco parentis. Service of Process & Related 25-217. Action; commencement; defendant not served; effect. An action is commenced on the date the complaint is filed with the court. The action shall stand dismissed without prejudice as to any defendant not served within six months from the date the complaint was filed. Source: Laws 2002, LB 876, § 5. § 25-505.01 Service of summons; methods; State Court Administrator; maintain list. (1) Unless otherwise limited by statute or by the court, a plaintiff may elect to have service made by any of the following methods: (a) Personal service which shall be made by leaving the summons with the individual to be served; with some person of suitable age and discretion residing therein; (b) Residence service which shall be made by leaving the summons at the usual place of residence of the individual to be served, with some person of suitable age and discretion residing therein; (c) Certified mail service which shall be made by (i) within ten days of issuance, sending the summons to the defendant by certified mail with a return receipt requested showing to whom and where delivered and the date of delivery, and (ii) filing with the court proof of service with the signed receipt attached; or (d) Designated delivery service which shall be made by (i) within ten days of issuance, sending the summons by a designated delivery service to the defendant, (ii) obtaining a signed delivery receipt showing to whom and where delivered and the date of delivery, and (iii) filing with the court proof of service with a copy of the signed delivery receipt attached. As used in this subdivision, a designated delivery service means a delivery service designated as such pursuant to 26 U.S.C. 7502(f) and a signed delivery receipt includes an electronic or facsimile receipt with an image of the recipient’s signature. (2) Failure to make service by the method elected by the plaintiff does not affect the validity of the service. (3) The State Court Administrator shall maintain on the web site of the Supreme Court a list of designated delivery services. Source: Laws 1983, LB 447, § 22; Laws 1984, LB 845, § 21; Laws 2009, LB35, § 6; Laws 2011, LB669, § 7. Operative Date: May 27, 2011 See www.irs.gov/publications/p80/ar01.html (www.supremecourt.ne.gov/community/index.shtml) DHL Express (DHL): DHL Same Day Service. - 172 -
Federal Express (FedEx): FedEx Priority Overnight, FedEx Standard Overnight, FedEx 2Day, FedEx International Priority, and FedEx International First. United Parcel Service (UPS): UPS Next Day Air, UPS Next Day Air Saver, UPS 2nd Day Air, UPS 2nd Day Air A.M., UPS Worldwide Express Plus, and UPS Worldwide Express. Your private delivery service can tell you how to get written proof of the mailing date. Private delivery services cannot deliver items to P.O. boxes. You must use the U.S. Postal Service to mail any item to an IRS P.O. box address. § 25-517.02. Substitute and constructive service. Upon motion and showing by affidavit that service cannot be made with reasonable diligence by any other method provided by statute, the court may permit service to be made (1) by leaving the process at the defendant’s usual place of residence and mailing a copy by first-class mail to the defendant’s last-known address, (2) by publication, or (3) by any manner reasonably calculated under the circumstances to provide the party with actual notice of the proceedings and an opportunity to be heard. Source: Laws 1983, LB 447, §33. § 42-364. Action involving child support, child custody, parenting time, visitation, or other access; parenting plan; legal custody and physical custody determination; rights of parents; child support; termination of parental rights; court; duties; modification proceedings; use of school records as evidence. (1) . . . . . . (6) Modification proceedings relating to support, custody, parenting time, visitation, other access, or removal of children from the jurisdiction of the court shall be commenced by filing a complaint to modify. . . . Service of process and other procedure shall comply with the requirements for a dissolution action. (7) . . . Source: Laws 1983, LB 138, § 1; Laws 1985, LB 612, § 1; Laws 1985, Second Spec. Sess., LB 7, § 16; Laws 1991, LB 457, § 3; Laws 1991, LB 715, § 1; Laws 1993, LB 629, § 21; Laws 1994, LB 490, § 1; Laws 1996, LB 1296, § 15; Laws 1997, LB 752, § 96; Laws 2004, LB 1207, § 25; Laws 2006, LB 1113, § 35; Laws 2007, LB554, § 32; Laws 2008, LB1014, § 32; Laws 2009, LB288, § 5; Laws 2010, LB901, § 1. Operative Date: July 1, 2010 Conaty v. Boelhower, 218 Neb. 193, 352 N.W.2d 619 (1984) a personal money judgment could not be supported on the basis of substituted service. Johnson v. Johnson, 282 Neb., 42, 803 N.W.2d 420 (2011) a voluntary appearance signed the day before the petition is filed waives service of process if filed simultaneously with or after the petition. Kovar v. Habrock, 261 Neb. 337, 622 N.W.2d 688 (2001) The language of Neb. Rev. Stat. §25-217 providing for dismissal of unserved petitions is self-executing and mandatory. Service of process on a party must be perfected within 6 months of the filing date of the action, or the action is deemed dismissed by operation of law. - 173 -
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The Unicameral remains in session u
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Table of Contents:* * (accessible v
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Table of Contents (continued): Mili
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A Note for Legal Practitioners: Mem
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Secondly, I have taken the approach
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sections, the county attorney or au
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final court-ordered determination t
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clerk of the district court in whic
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(1) In proceedings under sections 4
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Nebraska courts, through their inhe
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place. This recommendation recogniz
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(4) Orders, decrees, and judgments
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Mother apparently consents to this
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Johnson v. Johnson, 215 Neb. 689, 3
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stand dismissed without prejudice a
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This case includes an excellent sum
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Koch v. Koch, 226 Neb. 305, 312, 41
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We conclude that the state was not
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Modifying the amounts awarded to a
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[P]ublic policy forbids enforcement
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Carroll v. Moore, 228 Neb. 561, 423
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(3) … A rebuttable presumption of
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Lenz v. Lenz, 222 Neb. 85, 382 N.W.
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Finally, we conclude that for futur
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(7) Criminal nonsupport is a Class
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A mother’s testimony that one is
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Neither of the parties is authorize
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In guardianship termination proceed
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Weinand v. Weinand, 260 Neb. 146, 6
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verification forms instead of tax r
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State v. Cummings, 2 Neb. App. 820,
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Where parents of the child are sepa
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any unpaid child support obligation
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Henderson v. Henderson, 264 Neb. 91
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(0,1,2,or 3+) and how much “earne
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Earning capacity may be used as a b
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esponding state is modifying a supp
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[T]he duration of the support oblig
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A future payment of child support i
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Such a credit clause does not viola
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State on behalf of L.L.B. v. Hill,
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(1) That withholding is not proper
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Source: Laws 1974, LB 354, § 226,
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In re Interest of Lakota Z. & Jacob
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Note: In July 2008 the Federal Chil
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Erica J. v. Dewitt, 265 Neb. 728, 6
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Moore v. Bauer, 11 Neb. App. 572, 6
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Sears v. Larson, 259 Neb. 760, 612
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health care coverage is not availab
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Druba v. Druba , 238 Neb. 279, 470
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Rouse v. Rouse, 18 Neb. App. 128, 7
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There is a presumption that income
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The Nebraska Supreme Court has not
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§42-364.12 Child support; withhold
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Source: Laws 1985, Second Spec. Ses
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shall withhold for each notice the
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forward the child support payment.
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Servicemembers Civil Relief Act of
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Judgments (see also Jurisdiction) 2
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Source: Laws 1972, LB 820, § 5; La
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[J]urisdiction is the inherent powe
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A nonimmigrant alien authorized to
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In re Interest of Tamika S. et al.,
Page 127 and 128: action to certify the license holde
Page 129 and 130: NCP had no control as to when trust
Page 131 and 132: [T]he district court abused its dis
Page 133 and 134: Note: In response to a new federal
Page 135 and 136: (1) Child support orders in cases i
Page 137 and 138: §43-512.17. Title IV-D child suppo
Page 139 and 140: In the initial determination of chi
Page 141 and 142: The federal government provides Soc
Page 143 and 144: Material change in circumstances in
Page 145 and 146: Peter v. Peter, 262 Neb. 1017, 637
Page 147 and 148: See also: Wilkins v. Wilkins, 269 N
Page 149 and 150: Adoption/Modification of the Nebras
Page 151 and 152: A party seeking to modify a dissolu
Page 153 and 154: (2)The department, through its agen
Page 155 and 156: § 43-1408.01 Notarized acknowledgm
Page 157 and 158: (4) All judgments under this sectio
Page 159 and 160: See also Shermanv. Neth, 283 Neb. 8
Page 161 and 162: grounds of newly discovered evidenc
Page 163 and 164: Fianna has resided with Jeffrey sin
Page 165 and 166: State on Behalf of Hopkins v. Batt,
Page 167 and 168: (4) . . . (a) If any case contains
Page 169 and 170: CONVENTION ON THE INTERNATIONAL REC
Page 171 and 172: To prevail on a motion to remove a
Page 173 and 174: Cooper v. Cooper, 8 Neb. App. 532,
Page 175 and 176: What God -- or the State -- has law
Page 177: court should take into consideratio
Page 181 and 182: (c) PENALTY FOR MAKING OR USING FAL
Page 183 and 184: Recipients who are married and file
Page 185 and 186: provision for support is a part of
Page 187 and 188: Material change in circumstances in
Page 189 and 190: [A]limony should not be used to equ
Page 191 and 192: contumacious, but it provides no re
Page 193 and 194: parties will have to start over aga
Page 195 and 196: state has and shall exercise contin
Page 197 and 198: § 42-735 Administrative enforcemen
Page 199 and 200: (2) notify the nonregistering party
Page 201 and 202: allegations of a petition invokes t
Page 203 and 204: petitioner had failed to come to th
Page 205 and 206: . . . have the force and effect of
Page 207 and 208: caused or contributed to the cause
Page 209 and 210: in determining the child support ob
Page 211 and 212: Effective January 1, 2013, the maxi
Page 213 and 214: § 6-1521. Protection of personal a
Page 215 and 216: In contrast to recent years, the 20
Page 217 and 218: Military Retirement pay info - www.
Page 219 and 220: Daily Legal Newswire - www.law.com/
Page 221: Above All Else: Keep your sense of
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Child Support Enforcement - Sarpy County Nebraska

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