Child Support Enforcement - Sarpy County Nebraska
Child Support Enforcement - Sarpy County Nebraska
Child Support Enforcement - Sarpy County Nebraska
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magistrate, if no specific provision to the contrary exists. Meister v. Moore, 96 U.S. 76, 24 L.Ed.<br />
826 (1877).<br />
Courts in various jurisdictions have uniformly declared that the common law age of<br />
consent applies to common law marriages, even when statutes otherwise require parental or<br />
judicial approval for persons under a specified age, unless those statutes expressly modify or<br />
abrogate the common law. The common law marriage of a person is valid, regardless of<br />
whether the person has reached the age of competency as established by statute, if the person<br />
is competent under the common law. Under English common law, children below the age of<br />
seven were incapable of marrying. After that age they could marry, but the marriage was<br />
voidable until they became able to consummate it, which the law presumed to be at age<br />
fourteen for males and twelve for females. 1 Homer H. Clark, Jr., The Law of Domestic<br />
Relations in the United States § 2.1 (2d ed. 1987)<br />
In the case of People v. Lucero, 747 P.2d 660 (Colo. 1987), the Colorado Supreme<br />
Court set out the requirements for a valid common law marriage in Colorado. These<br />
requirements are as follows:<br />
- mutual consent or agreement of the parties to be husband and wife; followed by<br />
- mutual assumption of the marital relationship<br />
Spitz v. T.O. Haas Tire Co., 283 Neb. 811, ____ N.W.2d ____ (May 2012)<br />
In <strong>Nebraska</strong>, a couple cannot create a common-law marriage by agreement or<br />
cohabitation and reputation.<br />
Conditional Judgments<br />
Jensen v. Jensen, 275 Neb. 921, 750 N.W.2d 335 (2008)<br />
Facts: Paternity order was modified after the parents of the minor child separated, to include a<br />
judicially approved agreement whereby father paid mother $14,000 in cash, with the<br />
understanding that mother would not ask father for child support for the parties’ minor child, but<br />
that if she changed her mind, the father would be entitled to an equitable credit for the $14,000.<br />
Numerous modification actions later, dad was ordered to pay support, with no credit for the<br />
$14,000 prior payment. Eventually dad filed a declaratory judgment action, seeking the credit.<br />
Mom objected, wanting the agreement voided as being, inter alia, a conditional order and<br />
against public policy. Held: The parties’ original arrangement will be honored by the court.<br />
Orders purporting to be final judgments, but that are dependent upon the occurrence<br />
of uncertain future events, do not necessarily operate as “judgments” and may be<br />
wholly ineffective and void as such.<br />
[W]hile conditional orders will not automatically become final judgments upon the<br />
occurrence of the specified conditions, they can operate in conjunction with a further<br />
consideration of the court as to whether the conditions have been met, at which time<br />
a final judgment may be made.<br />
[T]he void conditional judgment rule does not extend to actions in equity.<br />
Conditional judgments are a fundamental tool with which courts sitting in<br />
equity have traditionally been privileged to properly devise a remedy to meet<br />
the situation. Therefore, where it is necessary and equitable to do so, a court of<br />
equitable jurisdiction may enter a conditional judgment and such judgment will not<br />
be deemed void simply by virtue of its conditional nature.<br />
Inequity may result if the court adopts a policy of less than full enforcement of<br />
mutually agreed-upon property and support agreements.<br />
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