Child Support Enforcement - Sarpy County Nebraska
Child Support Enforcement - Sarpy County Nebraska
Child Support Enforcement - Sarpy County Nebraska
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the cross-appeal section of a party’s brief must set forth a separate title page, a table<br />
of contents, a statement of the case, assigned errors, propositions of law, and a<br />
statement of facts. See, § 2-109(D)(1)<br />
Walsh v. State, 276 Neb. 1034, 759 N.W.2d 100 (2009)<br />
A judgment or final order rendered by a district court in a judicial review pursuant to<br />
the Administrative Procedure Act may be reversed, vacated, or modified by an<br />
appellate court for errors appearing on the record. When reviewing an order of a<br />
district court under the Administrative Procedure Act for errors appearing on the<br />
record, the inquiry is whether the decision conforms to the law, is supported by<br />
competent evidence, and is neither arbitrary, capricious, nor unreasonable.<br />
Nothnagel v. Neth, 752 N.W.2d 149 (2008).<br />
To be considered by (the appellate) court, an alleged error must be both specifically<br />
assigned and specifically argued in the brief of the party asserting the error.<br />
Malchow v. Doyle, 275 Neb. 530, 748 N.W.2d 28 (2008).<br />
Wharton v. Jackson, 107 Neb. 288, 185 N.W. 428 (1921)<br />
[J]urisdiction of the court in matters relating to divorce and alimony is given by<br />
statute, and every power exercised by the court in reference thereto must look to the<br />
statute or it does not exist. [Citation omitted.] We cannot change it; we must<br />
therefore take the decree as we find it, inasmuch as the interested parties have<br />
made no move to change it but have treated it as final.<br />
Bankruptcy<br />
Changes to federal bankruptcy laws that took effect in October 2005 have<br />
streamlined the process for enforcing child support orders against obligated parents<br />
who have filed for protection under federal bankruptcy law. Generally, any enforcement<br />
action you are able to utilize against an obligated parent who is not in bankruptcy court<br />
may also be utilized against an obligated parent who has filed for bankruptcy protection.<br />
Please see www.acf.hhs.gov/programs/cse/pol/AT/2006/at-06-05.htm for more<br />
information. A useful “Q & A” series on the relationship between child support and<br />
bankruptcy may be found at: http://www.acf.hhs.gov/programs/cse/pol/AT/2006/at-06-<br />
05a.pdf<br />
By letter from <strong>Nebraska</strong>’s HHSS’ Administrator of the Office of Economic and<br />
Family <strong>Support</strong>, county and authorized attorneys are asked to file Proofs of Claim with<br />
bankruptcy courts for all cases where you are notified that an obligated parent has filed<br />
for bankruptcy protection, regardless under which Chapter (7, 12 or 13) the filing took<br />
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