Child Support Enforcement - Sarpy County Nebraska

Vertical stare decisis compels lower courts to follow strictly the decisions rendered
by higher courts within the same judicial system.
A judge who disagrees with a statute or a decision of a higher court may express
that disagreement, but must do so in a way that is consistent with his or her
obligation to do what the law requires.
it is the function of the Legislature through the enactment of statutes to declare what
is the law and public policy of this state.
State v. Cummings, 2 Neb. App. 820, 515 N.W.2d 680 (1994)
Default. Plaintiffs are entitled to a default judgment without offering evidence in
support of the allegations of their petition, except allegations of value and amount of
damage. Weir v. Woodruff, 107 Neb. 585, 186 N.W. 988 (1922)
Minimum Contacts. An act of sexual intercourse resulting in conception in
Nebraska shows sufficient minimum contacts with the forum state for jurisdiction to
attach.
State v. Hausmann, 277 Neb. 819, 765 N.W.2d 219 (2009)
Our Nebraska Supreme Court admits it has been talking out of two sides of its mouth!
Judicial efficiency is served when any court, including an intermediate appellate
court, is given the opportunity to reconsider its own rulings, either to supplement its
reasoning or correct its own mistakes.
The district court has the inherent power to vacate or modify its judgments or
orders, either during the term at which they were made, or upon a motion filed within
6 months of the entry of the judgment or order. (prior decisions overruled by this
opinion)
An intermediate appellate court may also timely modify its opinion. An appellate
court has the inherent power to reconsider an order or ruling until divested of
jurisdiction
In the absence of an applicable rule to the contrary, a motion asking the court to
exercise that inherent power does not toll the time for taking an appeal. A party can
move the court to vacate or modify a final order—but if the court does not grant the
motion, a notice of appeal must be filed within 30 days of the entry of the earlier final
order if the party intends to appeal it. And if an appeal is perfected before the
motion is ruled upon, the district court loses jurisdiction to act.
State v. Merrill, 273 Neb. 583, 731 N.W.2d 570 (2007)
Facts: State filed “affidavit of Lien for Child support” with the clerk of district court in
obligated parent/defendant’s criminal child abuse case, seeking to recover his appearance bond
to help pay his child support arrears in a separate court case. After the defendant’s conviction
and prison sentence his father, who had actually put up the bond money, notified the court that
he wanted his money back. The State objected and following hearing the district court ordered
the bond money returned to the defendant’s father. The State attempted to appeal that
decision. This case, though representing a failed effort to snatch up bond money, is
nevertheless instructional.
[T]he state is seeking to enforce whatever lien it may have on the bond money
through a garnishment proceeding in the child support case. The district court
correctly noted that the state’s remedy is in the civil case. Regardless of the
status of that civil proceeding, the state has no specific statutory authorization to
appeal the order entered in this criminal case directing the clerk to return the posted
bond money to (the person who posted the bond).
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