Child Support Enforcement - Sarpy County Nebraska
Child Support Enforcement - Sarpy County Nebraska
Child Support Enforcement - Sarpy County Nebraska
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caused or contributed to the cause of delay or to one who has had it within his<br />
power to terminate the action.<br />
4. Courts: <strong>Child</strong> <strong>Support</strong>: Estoppel. This court does not have authority to reduce<br />
past-due installments of child support. This is not to say, however, that it may not<br />
find in a proper case that a party has equitably estopped herself from collecting<br />
installments accruing after some affirmative action which would ordinarily<br />
terminate future installments.<br />
5. Estoppel: Equity: Public Policy. Equitable estoppel is based upon grounds of<br />
public policy and good faith and is interposed to prevent injustice and inequitable<br />
consequences. Ordinarily, there must be a reliance in good faith upon statements<br />
or conduct of the party to be estopped and a change of position by the party<br />
claiming the estoppel to his injury, detriment, or prejudice.<br />
Thomas & Thomas Court Reporters v. Switzer, 283 Neb. 19, ____ N.W.2d ___<br />
(2012)<br />
pro se litigants are not entitled to recover attorney fees, even if the pro se litigant<br />
is a licensed attorney.<br />
Thornton v. Thornton, 13 Neb. App. 912, 704 N.W.2d 243 (2005)<br />
Service of Process: Notice. Pursuant to Neb. Rev. Stat. §25-517.02 (Reissue<br />
1995), upon motion and showing by affidavit that service cannot be made with<br />
reasonable diligence by any other method provided by statute, the court may<br />
permit service to be made (1) by leaving the process at the defendant’s usual<br />
place of residence and mailing a copy by first-class mail to the defendant’s lastknown<br />
address, (2) by publication, or (3) by any manner reasonably calculated<br />
under the circumstances to provide the party with actual notice of the<br />
proceedings and an opportunity to be heard.<br />
Statutes prescribing the manner of service of summons are mandatory and must<br />
be strictly complied with. Service by certified mail is not sufficient when statute<br />
required notice to be sent by first-class mail.<br />
White v. Mertens, 225 Neb. 241, 404 N.W.2d 410 (1987)<br />
Absent other statutory remedy, unwed father has recourse to declaratory<br />
judgment statutes to establish parental rights. See §25-21,149 et seq.<br />
Part II: Other Miscellaneous Cases:<br />
Boyle v. Boyle, 12 Neb. App. 681, 684 N.W.2d 49 (2004)<br />
When a document is ambiguous, the meaning of the document is a question of<br />
fact and the trier of fact determines the intent of the parties from all the facts and<br />
circumstances. The trier of fact's determination in this regard will be upheld on<br />
appeal unless clearly erroneous.<br />
Brockman v. Brockman, 264 Neb. 106, 646 N.W.2d 594 (2002)<br />
Reasonable security for payment of child support under Neb. Rev. Stat. § 42-<br />
371(6) should be invoked only when extraordinary circumstances require it.<br />
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