Child Support Enforcement - Sarpy County Nebraska
Child Support Enforcement - Sarpy County Nebraska
Child Support Enforcement - Sarpy County Nebraska
Create successful ePaper yourself
Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.
petitioner had failed to come to the court with clean hands by virtue of the contempt order and<br />
child support arrearage.<br />
In affirming the district court’s dismissal of the application, we determined that it was<br />
supported by a record which showed that the “[father’s] conduct since the dissolution<br />
of the marriage has been to pay no child support unless compelled by the court” and<br />
that it was his “flagrant and continuing contempt of court” which precluded him from<br />
obtaining relief.<br />
State o/b/o Pathammavong v. Pathammavong, 268 Neb. 1, 679 N.W.2d 749 (2004)<br />
When a party owes past-due child support, the failure to pay must be found to be a<br />
willful failure to pay, in spite of an ability to pay, before an application to modify child<br />
support may be dismissed on the basis of unclean hands.<br />
Voichoskie v. Voichoskie, 215 Neb. 775, 340 N.W.2d 442 (1983)<br />
Conduct which forms a basis for a finding that a party has “unclean hands” must be<br />
willful in nature.<br />
Citing 1 Pomeroy, Equity Jurisprudence (3d ed.) sec. 397: ‘Whenever a party,<br />
who, as actor, seeks to set the judicial machinery in motion and obtain some<br />
remedy, has violated conscience, or good faith, or other equitable principle, in his<br />
prior conduct, then the doors of the court will be shut against him in limine; the court<br />
will refuse to interfere on his behalf, to acknowledge his right, or to award him any<br />
remedy.’<br />
Visitation Credits<br />
§ 4-210 of the guidelines provides in part:<br />
Visitation or parenting time adjustments or direct cost sharing should be specified in the<br />
support order. An adjustment in child support may be made at the discretion of the court when<br />
visitation or parenting time substantially exceeds alternating weekends and holidays and 28 days<br />
or more in any 90-day period. During visitation or parenting time periods of 28 days or more in<br />
any 90-day period, support payments may be reduced by up to 80 percent. The amount of any<br />
reduction for extended parenting time shall be specified in the court’s order and shall be<br />
presumed to apply to the months designated in the order.<br />
An online Visitation Credit form is available at:<br />
www.sarpy.com/childsupport/documents/AffidavitforSummerVisitationCredit07.pdf<br />
Miscellaneous<br />
Part I: Cases addressing Miscellaneous Civil, Technical & “Housekeeping”<br />
Related rules and issues<br />
Andersen v. American Family Mut. Ins. Co., 249 Neb. 169, 542 N.W.2d 703<br />
(1996),<br />
Unless otherwise provided by order of the district court, a term of court begins<br />
on January 1 of a given year and ends on December 31 of that same year.<br />
- 197 -