23.06.2014 Views

Child Support Enforcement - Sarpy County Nebraska

Child Support Enforcement - Sarpy County Nebraska

Child Support Enforcement - Sarpy County Nebraska

SHOW MORE
SHOW LESS

You also want an ePaper? Increase the reach of your titles

YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.

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 />

- 201 -

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!