Child Support Enforcement - Sarpy County Nebraska
Child Support Enforcement - Sarpy County Nebraska
Child Support Enforcement - Sarpy County Nebraska
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contumacious, but it provides no reason to entirely discharge Sivick’s reimbursement<br />
obligation.<br />
Spady v. Spady, 284 Neb. 885 (December 2012)<br />
The word “support” in § 42-351(2) is not by its terms limited to child support. Further,<br />
we look to the immediately preceding provision, § 42-351(1), which refers to “support<br />
of minor children [and] the support of either party.” Section 42-351(1) shows that the<br />
word “support” is used statutorily in § 42-351 to refer to child support and spousal<br />
support, i.e., alimony.<br />
Components of a series or collection of statutes pertaining to a certain subject<br />
matter are in pari materia and should be conjunctively considered and construed to<br />
determine the intent of the Legislature, so that different provisions are consistent,<br />
harmonious, and sensible. Travelers Indem. Co. v. Gridiron Mgmt. Group, 281 Neb.<br />
113, 794 N.W.2d 143 (2011).<br />
Tax Exemptions<br />
Emery v. Moffett, 269 Neb. 867, 697 N.W.2d 249 (2005)<br />
Foster v. Foster, 266 Neb. 32, 662 NW2d 191 (2003), and…<br />
Hall v. Hall, 238 Neb. 686, 472 N.W.2d 217 (1991)<br />
We hold that a tax dependency exemption is nearly identical in nature to an award of<br />
child support or alimony and is thus capable of being modified as an order of<br />
support.<br />
Hall v. Hall, 238 Neb. 686, 472 N.W.2d 217 (1991)<br />
[T]he fact that [the custodial parent] did not respond to [the non custodial parent]’s<br />
motion for modification of their divorce decree is not determinative of the status of<br />
the tax exemptions. [The noncustodial parent] may not be granted the exemptions<br />
simply on [the custodial parent’s] failure to respond or appear. Rather, this court,<br />
under its equity powers, balances the interests of the parties and then determines<br />
where the equities lie.<br />
The trial court in this case did not specifically allocate the tax exemptions. However,<br />
since federal tax laws determine the placement of the exemptions absent<br />
reallocation by the state court, the custodial parent is presumed to retain the tax<br />
exemptions.<br />
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