Child Support Enforcement - Sarpy County Nebraska

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A private agreement between parents that would deprive a child of support from one parent contravenes the public policy of this state. [B]ecause the right to support belonged to [the child], any agreement made or actions taken by [the mother] would not be the basis for equitable estoppel in this paternity and child support action brought by the State on the child’s behalf. Welch v. Welch, Jr., 246 Neb. 435, 519 N.W.2d 262 (1994) The power of a court to suspend child support should be exercised only as a last resort or where it is apparent that to do so affords the only remedy that can reasonably be expected to fit the mischief. A court may suspend child support payments when the custodial parent deprives the noncustodial parent of visitation and there is no showing that the children are in need. Wood v. Wood, 266 Neb. 580, 667 N.W.2d 235 (2003) Although this section does not permit a district court in a dissolution action to order child support beyond the age of majority, the district court has the authority to enforce the terms of an approved settlement which may include an agreement to support a child beyond the age of majority. Choice of Law – UIFSA A good discussion on the issue of Choice of Law under UIFSA is had in the case of Groseth v. Groseth, 257 Neb. 525, 600 N.W.2d 159 (1999) Once Nebraska assumes continuing, exclusive jurisdiction and becomes the issuing state under § 42-746, the substantive law of Nebraska governs the nature, extent, amount and duration of current payments and other obligations of support. But see: Wills v. Wills, 16 Neb.App. 559 (2008) The age of emancipation is never modifiable Under Neb.Rev.Stat. § 42-746(d) (Reissue 2004), the law of the state which issued the initial controlling order governs the duration of the obligation of support. Section 42-746 states, in pertinent part: I Except as otherwise provided in section 42-747.03 , a tribunal of this state shall not modify any aspect of a child support order that cannot be modified under the law of the issuing state, including the duration of the obligation of support.... (d) In a proceeding to modify a child support order, the law of the state that is determined to have issued the initial controlling order governs the duration of the obligation of support. The obligor’s fulfillment of the duty of support established by that order precludes imposition of a further obligation of support by a tribunal of this state. Civil Procedure, Civil Process & Related (See also Appellate Practice, Jurisdiction and Miscellaneous. Visit the Supreme Court website’s Rules link for updates on court rules for all courts) § 25-217 Action; commencement; defendant not served; effect. An action is commenced on the date the complaint is filed with the court. The action shall - 22 -
stand dismissed without prejudice as to any defendant not served within six months from the date the complaint was filed. §25-309. Suit against infant; guardian for suit; when appointed; exception. Except as provided by the Nebraska Probate Code, the defense of an infant must be by a guardian for the suit, who may be appointed by the court in which the action is prosecuted, or by a judge thereof, or by a county judge. The appointment cannot be made until after service of the summons in the action as directed by this code. Source: R.S.1867, Code § 38, p. 399; R.S.1913, § 7590; C.S.1922, § 8533; C.S.1929, § 20-309; R.S.1943, § 25-309; Laws 1975, LB 481, § 12. § 25-503.01 Summons (1) The summons shall be directed to the defendant or defendants, and contain the names of the parties and the name and address of the plaintiff’s attorney, if any, otherwise the address of the plaintiff. It shall notify defendant that in order to defend the lawsuit an appropriate written response shall be filed with the court within thirty days after service, and that upon failure to do so the court may enter judgment for the relief demanded in the complaint. (2) A judgment by default shall not be different in kind from that demanded in the complaint. If only special damages are demanded a judgment by default shall not exceed the amount demanded in the complaint. Source: Laws 1983, LB 447, § 20; Laws 2002, LB 876, § 13 § 25-2211 …If the defendant fails to answer, the cause for the purpose of this section shall be deemed to be at issue upon questions of fact, but in every such case the plaintiff may move for and take such judgment as he or she is entitled to, on the defendant’s default, on or after the day on which the action is set for trial. … § 48-802 – Statutes, General Rules of Construction. Explains what “may” and “shall” and other fun words mean when used in the law. The “divisibility doctrine”… A decree of divorce granted on constructive or substituted service of process may be divisible, that is, entitled to full faith and credit in other jurisdictions as far as it affects the marital status, and ineffective on other issues; but a decree based on personal service of process must be recognized as valid for all purposes. 27C C.J.S. Divorce § 787 at 465 (1986) See also: Harvey v. Harvey, 6 Neb. App. 524, 575 N.W.2d 167 (1998) Starr v. King, 234 Neb. 339, 451 N.W.2d 82 (1990) State on Behalf of A.E. v. Buckhalter, 273 Neb. 443, 730 N.W.2d 340 (2007) Supreme Court Rule § 6-1504. Domestic relations cases. (5) All applications for temporary custody, support, and maintenance shall comply with Nebraska statutes. (B) All applications for temporary support and allowances shall be determined without testimony upon argument and affidavits setting forth information required by Nebraska Child Support Guidelines and Nebraska statutes. - 23 -
Page 1 and 2: The Unicameral remains in session u
Page 3 and 4: Table of Contents:* * (accessible v
Page 5 and 6: Table of Contents (continued): Mili
Page 7 and 8: A Note for Legal Practitioners: Mem
Page 9 and 10: Secondly, I have taken the approach
Page 11 and 12: sections, the county attorney or au
Page 13 and 14: final court-ordered determination t
Page 15 and 16: clerk of the district court in whic
Page 17 and 18: (1) In proceedings under sections 4
Page 19 and 20: Nebraska courts, through their inhe
Page 21 and 22: place. This recommendation recogniz
Page 23 and 24: (4) Orders, decrees, and judgments
Page 25 and 26: Mother apparently consents to this
Page 27: Johnson v. Johnson, 215 Neb. 689, 3
Page 31 and 32: This case includes an excellent sum
Page 33 and 34: Koch v. Koch, 226 Neb. 305, 312, 41
Page 35 and 36: We conclude that the state was not
Page 37 and 38: Modifying the amounts awarded to a
Page 39 and 40: [P]ublic policy forbids enforcement
Page 41 and 42: Carroll v. Moore, 228 Neb. 561, 423
Page 43 and 44: (3) … A rebuttable presumption of
Page 45 and 46: Lenz v. Lenz, 222 Neb. 85, 382 N.W.
Page 47 and 48: Finally, we conclude that for futur
Page 49 and 50: (7) Criminal nonsupport is a Class
Page 51 and 52: A mother’s testimony that one is
Page 53 and 54: Neither of the parties is authorize
Page 55 and 56: In guardianship termination proceed
Page 57 and 58: Weinand v. Weinand, 260 Neb. 146, 6
Page 59 and 60: verification forms instead of tax r
Page 61 and 62: State v. Cummings, 2 Neb. App. 820,
Page 63 and 64: Where parents of the child are sepa
Page 65 and 66: any unpaid child support obligation
Page 67 and 68: Henderson v. Henderson, 264 Neb. 91
Page 69 and 70: (0,1,2,or 3+) and how much “earne
Page 71 and 72: Earning capacity may be used as a b
Page 73 and 74: esponding state is modifying a supp
Page 75 and 76: [T]he duration of the support oblig
Page 77 and 78: A future payment of child support i
Page 79 and 80:
Such a credit clause does not viola
Page 81 and 82:
State on behalf of L.L.B. v. Hill,
Page 83 and 84:
(1) That withholding is not proper
Page 85 and 86:
Source: Laws 1974, LB 354, § 226,
Page 87 and 88:
In re Interest of Lakota Z. & Jacob
Page 89 and 90:
Note: In July 2008 the Federal Chil
Page 91 and 92:
Erica J. v. Dewitt, 265 Neb. 728, 6
Page 93 and 94:
Moore v. Bauer, 11 Neb. App. 572, 6
Page 95 and 96:
Sears v. Larson, 259 Neb. 760, 612
Page 97 and 98:
health care coverage is not availab
Page 99 and 100:
Druba v. Druba , 238 Neb. 279, 470
Page 101 and 102:
Rouse v. Rouse, 18 Neb. App. 128, 7
Page 103 and 104:
There is a presumption that income
Page 105 and 106:
The Nebraska Supreme Court has not
Page 107 and 108:
§42-364.12 Child support; withhold
Page 109 and 110:
Source: Laws 1985, Second Spec. Ses
Page 111 and 112:
shall withhold for each notice the
Page 113 and 114:
forward the child support payment.
Page 115 and 116:
Servicemembers Civil Relief Act of
Page 117 and 118:
Judgments (see also Jurisdiction) 2
Page 119 and 120:
Source: Laws 1972, LB 820, § 5; La
Page 121 and 122:
[J]urisdiction is the inherent powe
Page 123 and 124:
A nonimmigrant alien authorized to
Page 125 and 126:
In re Interest of Tamika S. et al.,
Page 127 and 128:
action to certify the license holde
Page 129 and 130:
NCP had no control as to when trust
Page 131 and 132:
[T]he district court abused its dis
Page 133 and 134:
Note: In response to a new federal
Page 135 and 136:
(1) Child support orders in cases i
Page 137 and 138:
§43-512.17. Title IV-D child suppo
Page 139 and 140:
In the initial determination of chi
Page 141 and 142:
The federal government provides Soc
Page 143 and 144:
Material change in circumstances in
Page 145 and 146:
Peter v. Peter, 262 Neb. 1017, 637
Page 147 and 148:
See also: Wilkins v. Wilkins, 269 N
Page 149 and 150:
Adoption/Modification of the Nebras
Page 151 and 152:
A party seeking to modify a dissolu
Page 153 and 154:
(2)The department, through its agen
Page 155 and 156:
§ 43-1408.01 Notarized acknowledgm
Page 157 and 158:
(4) All judgments under this sectio
Page 159 and 160:
See also Shermanv. Neth, 283 Neb. 8
Page 161 and 162:
grounds of newly discovered evidenc
Page 163 and 164:
Fianna has resided with Jeffrey sin
Page 165 and 166:
State on Behalf of Hopkins v. Batt,
Page 167 and 168:
(4) . . . (a) If any case contains
Page 169 and 170:
CONVENTION ON THE INTERNATIONAL REC
Page 171 and 172:
To prevail on a motion to remove a
Page 173 and 174:
Cooper v. Cooper, 8 Neb. App. 532,
Page 175 and 176:
What God -- or the State -- has law
Page 177 and 178:
court should take into consideratio
Page 179 and 180:
Federal Express (FedEx): FedEx Prio
Page 181 and 182:
(c) PENALTY FOR MAKING OR USING FAL
Page 183 and 184:
Recipients who are married and file
Page 185 and 186:
provision for support is a part of
Page 187 and 188:
Material change in circumstances in
Page 189 and 190:
[A]limony should not be used to equ
Page 191 and 192:
contumacious, but it provides no re
Page 193 and 194:
parties will have to start over aga
Page 195 and 196:
state has and shall exercise contin
Page 197 and 198:
§ 42-735 Administrative enforcemen
Page 199 and 200:
(2) notify the nonregistering party
Page 201 and 202:
allegations of a petition invokes t
Page 203 and 204:
petitioner had failed to come to th
Page 205 and 206:
. . . have the force and effect of
Page 207 and 208:
caused or contributed to the cause
Page 209 and 210:
in determining the child support ob
Page 211 and 212:
Effective January 1, 2013, the maxi
Page 213 and 214:
§ 6-1521. Protection of personal a
Page 215 and 216:
In contrast to recent years, the 20
Page 217 and 218:
Military Retirement pay info - www.
Page 219 and 220:
Daily Legal Newswire - www.law.com/
Page 221:
Above All Else: Keep your sense of
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Child Support Enforcement - Sarpy County Nebraska

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