Child Support Enforcement - Sarpy County Nebraska
Child Support Enforcement - Sarpy County Nebraska
Child Support Enforcement - Sarpy County Nebraska
You also want an ePaper? Increase the reach of your titles
YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.
Modifying the amounts awarded to a parent in the decree, without following the<br />
appropriate procedures for bringing and resolving an application to modify the<br />
decree, was not appropriate.<br />
Collateral Estoppel/Res Judicata<br />
Note: The doctrines of both Res Judicata and Collateral Estoppel relate to new court cases filed<br />
that attempt to refute findings in an earlier case. Contrast with the concept of the Law of the<br />
Case, which is used in the original case to prevent previously settled issues from becoming<br />
unsettled in the same case.<br />
Jensen v. Jensen, 275 Neb. 921, 750 N.W.2d 335 (2008)<br />
[W]e have never held that the absence of a child support worksheet provides a<br />
basis for a collateral attack on a final judgment. Once the [child support] order<br />
became final, even without a worksheet, it was enforceable.<br />
if a trial court fails to prepare the applicable worksheets, the parties are required to<br />
request that such worksheet be included in the trial court’s order. Orders for child<br />
support or modification which do not contain such worksheets will on appeal be<br />
summarily remanded to the trial court so that it can prepare the worksheets as<br />
required by the guidelines.<br />
McCarson v. McCarson, 263 Neb. 534, 641 N.W.2d 62 (2002)<br />
The applicability of the doctrines of collateral estoppel and res judicata is a question<br />
of law.<br />
When a court of competent jurisdiction renders a final judgment affecting the issue of<br />
paternity, the decision of that court is res judicata to the parties absent a fraud upon<br />
the court. See Neb Rev. Stat. §25-2001 and §25-2008.<br />
State v. Yelli, 247 Neb. 785, 530 N.W.2d 250 (1995)<br />
A judgment in a civil paternity adjudication is res judicata as between the same<br />
parties in a subsequent civil action such as a support modification proceeding.<br />
Common Law Marriages<br />
States that authorize common law marriage: Alabama, Colorado, District of<br />
Columbia, Idaho, Iowa, Kansas, Montana, Rhode Island, South Carolina, Texas, and Utah.<br />
Sonya C. Garza, Common Law Marriage: A Proposal for the Revival of a Dying Doctrine, 40<br />
New Eng. L. Rev. 541, 545 (2006).<br />
<strong>Nebraska</strong> is not a “common law state,” however <strong>Nebraska</strong> will recognize the validity of<br />
common law marriages formed in jurisdictions that allow for them. For more information on this<br />
issue, see: http://en.wikipedia.org/wiki/Common-law_marriage_in_the_United_States<br />
Essentially, in a common law marriage, two persons create a valid marital relationship<br />
without the benefit of a legal marriage ceremony performed according to statutory requirements.<br />
Denise K. Mills, Common Law Marriage in Colorado, 16 Colo. Law. 252 (Feb. 1987).<br />
The United States Supreme Court has held that common law marriages are valid,<br />
notwithstanding statutes that require ceremonial marriages to be solemnized by a minister or a<br />
- 31 -