Child Support Enforcement - Sarpy County Nebraska

(7) Criminal nonsupport is a Class IV felony if it is in violation of any order of any court.
Source: Laws 1977, LB 38, § 145; Laws 1978, LB 920, § 3; Laws 1988, LB 419, § 11; Laws 1989, LB
362, § 2; Laws 2006, LB 1248, § 52.
Nebraska v. Eichelberger, 227 Neb. 545, 418 N. W.2d 580 (1988)
Facts: Defendant fathered one child during his marriage. Later the parties separated and
orders for child support were entered, while the defendant was present in court with counsel.
He failed to comply with the order or pay support, leading to a criminal prosecution.
Intent may be inferred from the words or acts of the defendant and from the
circumstances surrounding the incident.
The State proved that [the defendant] had resources with which he might have paid
his past-due child support many times over. [Defendant] offered no evidence to
overcome the inference that those resources were available to him had he wished to
comply with the support orders.
[I]t is a well-established principle that in a criminal case a court may take judicial
notice of its own records in the case under consideration.
In determining whether a criminal defendant is indigent as the term is used in Neb.
Rev. Stat. § 29-1804.04 (Reissue 1985), a court is to consider the seriousness of the
offense; the defendant’s income; the availability of resources, including real and
personal property, bank accounts, Social Security, and unemployment or other
benefits; normal living expenses; outstanding debts; and the number and age of
dependents.
Exercise of the right to assistance of counsel is subject to the necessities of sound
judicial administration. State v. Richter, supra. Criminal defendants are not permitted
to use their constitutional right to counsel to manipulate or obstruct orderly
procedure in the courts or to interfere with the fair administration of justice.
State v. Bright, 238 Neb. 348, 470 N.W.2d 181 (1991)
State v. Eichelberger, 227 Neb. 545, 418 N.W.2d 580 (1988)
In the context of a criminal statute such as § 28-706, “intentionally” means willfully or
purposely, and not accidentally or involuntarily.
Intent may be inferred from the words or acts of the defendant and from the
circumstances surrounding the incident.
The determination of whether a defendant has the ability to pay child support in
order to determine whether the failure to do so was intentional is a question of fact
left to the jury.
State v. McCrimon, 15 Neb. App. 452, 729 N.W.2d 682 (2007)
Facts: Defendant was sentenced to intensive supervision probation (ISP) following
conviction for insurance fraud. One condition required him to pay $200/mo. Toward his child
support arrears, or be considered in violation of his probation. Defendant appealed.
When a court sentences a defendant to probation, it may impose any conditions of
probation that are authorized by statute.
Requiring a probationer to pay child support is statutorily authorized under Neb. Rev.
Stat. §29-2262(2) (Cum. Supp.2004).
“…although the impact of the probation order in the instant case may be harsh, it is
not unreasonable to expect [the defendant] to pay his preexisting child support
obligation when he currently has an income and some assets. Additionally, the
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