Child Support Enforcement - Sarpy County Nebraska
Child Support Enforcement - Sarpy County Nebraska
Child Support Enforcement - Sarpy County Nebraska
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Carroll v. Moore, 228 Neb. 561, 423 N.W.2d 757 (1988)<br />
Persons accused of paternity have the right to court appointed counsel if found<br />
to be indigent. This is true in non state assistance cases as well as state aid cases.<br />
A determination of paternity in a state-initiated paternity suit is res judicata, and<br />
therefore not open to attack in a later proceeding involving collateral issues such as<br />
nonpayment of support.<br />
Cammarata v. Chambers, 6 Neb. App. 467, 574 N.W.2d 530 (1998)<br />
A child support order may consist merely of an order for “no support.” Even if<br />
a court order provides that no support is due from either parent, that does not<br />
change the fact that there is an existing support order.<br />
<strong>County</strong> Attorney may not in such cases seek to obtain a support order for custodial<br />
parent under provisions of §43-512.03 (authorizing county attorney intervention to<br />
establish an order for child support where no order presently exists.)<br />
Freis v. Harvey, 5 Neb. App. 679, 563 N.W.2d 363 (1997)<br />
<strong>Child</strong> support judgments are not rendered dormant by the passage of time.<br />
Kiplinger v. <strong>Nebraska</strong> Dept. of Nat. Resources, 282 Neb. 237, 803 N.W.2d 28 (2011)<br />
A statute is presumed to be constitutional, and all reasonable doubts are resolved in<br />
favor of its constitutionality. The burden of establishing the unconstitutionality of a<br />
statute is on the one attacking its validity.<br />
The unconstitutionality of a statute must be clearly established before it will be<br />
declared void.<br />
Kropf v. Kropf, 248 Neb. 614, 538 N.W.2d 496 (1995)<br />
§§ 42-358 and 43-512.03I do not grant the district court the authority to appoint the<br />
county attorney to pursue support obligation arrearage where the decree, order, or<br />
judgment does not provide for child support.<br />
Lenz v. Lenz, 222 Neb. 85, 382 N.W.2d 323 (1986)<br />
A judgment must be sufficiently certain in its terms to be able to be enforced in a<br />
manner provided by law.<br />
[W]e hold that the part of the divorce decree in this case which ordered the payment<br />
of “all of the expenses for the minor child’s special schooling” is indefinite, uncertain,<br />
and incapable of enforcement. For these reasons it is fatally defective and cannot<br />
be enforced.<br />
Little v. Streater, 452 U.S. 1, 101 S.Ct. 2202, 68 L.Ed.2d 627 (1981)<br />
‣ The denial of the aid of a genetic test to indigent defendants in state-initiated<br />
paternity suits violates due process.<br />
Mathews v. Mathews, 267 Neb. 604, 676 N.W.2d 42 (2004)<br />
A finding of indigency is a matter within the initial discretion of the trial court, and<br />
such a finding will not be set aside on appeal in the absence of an abuse of<br />
discretion by the trial court.<br />
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