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.

in determining the child support obligation for the remaining minor child or<br />

children.<br />

Phillips v. Industrial Machine, 257 Neb. 256, 278, 597 N.W.2d 377, 392 (1999)<br />

Permanent medical impairment is related directly to the health status of the<br />

individual, whereas disability can be determined only within the context of the<br />

personal, social, or occupational demands, or statutory or regulatory<br />

requirements that the individual is unable to meet as a result of the impairment.<br />

(Gerrard, J., concurring).<br />

Reed v. Reed, 277 Neb. 391, 763 N.W.2d 686 (2009)<br />

[A] child support creditor may use the Uniform Fraudulent Transfer Act (UFTA)<br />

to pursue transferred assets that are needed to satisfy a child support award.<br />

(see also Parker v. Parker, 268 Neb. 187, 681 N.W.2d 735 (2004))<br />

An action under the UFTA is equitable in nature, and all persons whose rights will<br />

be directly affected by a decree in equity must be joined as parties in order that<br />

complete justice may be done and that there may be a final determination of the<br />

rights of all parties interested in the subject matter of the controversy<br />

It has been held that if an action is brought for wrongful transfer and it is possible<br />

to fashion relief which does not adversely affect the transferee’s interest, then the<br />

transferee may not need to be joined in an action for judgment of damages<br />

against a defendant.<br />

“[d]issipation of marital assets” is defined as one spouse’s use of marital property<br />

for a selfish purpose unrelated to the marriage at the time when the marriage is<br />

undergoing an irretrievable breakdown.<br />

Ropken v. Ropken, 169 Neb. 352, 99 N.W.2d 480 (1959)<br />

<strong>Nebraska</strong> will recognize common law marriages entered into consistent with the law of<br />

the state the parties resided in when such marriage is deemed to have begun.<br />

The validity of a marriage is determined by the law of the place where it was<br />

contracted; if valid there it will be valid everywhere.<br />

Common-law marriages are not recognized in <strong>Nebraska</strong> by legislative<br />

enactment.<br />

Cohabitation in <strong>Nebraska</strong> without a ceremonial marriage is meretricious. It is not<br />

evidence of a marital status in this state. It is presumed that a meretricious<br />

relationship having its origin in this state continues to be such. Necessarily, the<br />

presumption follows even when the parties subsequently live in a state<br />

recognizing common-law marriages.<br />

Additional Information & Resources<br />

<strong>Nebraska</strong> <strong>Child</strong> <strong>Support</strong> <strong>Enforcement</strong> Association – www.ncsea.info/<br />

National <strong>Child</strong> <strong>Support</strong> <strong>Enforcement</strong> Association (NCSEA) – www.ncsea.org/<br />

<strong>Nebraska</strong> Attorney General/ A.G. Opinions – www.ago.state.ne.us/<br />

<strong>Nebraska</strong> Crime Commission/CLE – www.ncc.ne.gov/calendar/calendar_cle.htm<br />

- 203 -

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

Saved successfully!

Ooh no, something went wrong!