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Child Support Enforcement - Sarpy County Nebraska

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Bhuller v. Bhuller, 17 Neb. App. 607, 767 N.W.2d 813 (2009)<br />

Anyone? Anyone? Bueller. How many times do we have to be told? The Supreme Court has<br />

“had it” with support orders that lack work sheets.<br />

An order modifying child custody which does not include a child support<br />

calculation is not a final order. See also Johnson v. Johnson, 15 Neb. App. 292,<br />

726 N.W.2d 194 (2006)<br />

§ 43-2929 requires the final judgment in cases involving child custody to incorporate<br />

a parenting plan which resolves the issue of visitation.<br />

Carter v. Carter, 276 Neb. 840, 758 N.W.2d 1 (2008)<br />

This case offers a good discussion on what constitutes the “home state” of a minor child<br />

under the UCCJEA.<br />

Coleman v. Kahler, 17 Neb. App. 518, 766 N.W.2d 142 (2009)<br />

The <strong>Nebraska</strong> Supreme Court has held that before a custodial parent can remove a<br />

child from the state, permission of the court is required, whether or not there is a<br />

travel restriction placed on the custodial parent. State ex rel. Reitz v. Ringer, 244<br />

Neb. 976, 510 N.W.2d 294 (1994).<br />

Our review of removal jurisprudence in <strong>Nebraska</strong> involving children born in and out<br />

of wedlock reveals a common element: a prior child custody determination.<br />

Under the Uniform <strong>Child</strong> Custody Jurisdiction and <strong>Enforcement</strong> Act, a “child custody<br />

determination” is defined to mean “a judgment, decree, or other order of a court<br />

providing for the legal custody, physical custody, or visitation with respect to a child.<br />

Based on State on behalf of Pathammavong v. Pathammavong, 268 Neb. 1, 679<br />

N.W.2d 749 (2004), and State ex rel. Grape v. Zach, supra, we hold that <strong>Nebraska</strong>’s<br />

removal jurisprudence does not apply to a child born out of wedlock where<br />

there has been no prior adjudication addressing child custody or parenting<br />

time.<br />

Colling v. Colling, 20 Neb. App. 98, ____ N.W.2d ____ (August 2012)<br />

Facts: Lincoln mom with custody of three elementary school age children marries Georgia<br />

fiancée and wants to relocate her family away from father in Lincoln to live with her husband in<br />

Georgia. She can’t surmount the legal hurdles.<br />

The first instance I have seen of use of the word “cybervisitation”.<br />

Conn v. Conn, 15 Neb. App. 77, 722 N.W.2d 507 (2006)<br />

A parent’s rights are not absolute and must yield to the best interests of the child.<br />

Drew on Behalf of Reed v. Reed, 16 Neb. App. 905, 755 N.W.2d 420 (2008)<br />

See § 4-212 of the <strong>Child</strong> <strong>Support</strong> Guidelines<br />

Joint physical custody means the child lives day in and day out with both parents on<br />

a rotating basis.<br />

Numerous parenting times with a child do not constitute joint physical custody.<br />

Liberal parenting time does not justify a joint custody child support calculation.<br />

Eliker v. Eliker, 206 Neb. 764, 295 N.W.2d 268 (1980).<br />

Time may heal all wounds, but it does not make child support go away.<br />

Questions of custody and support are not controllable by agreement of the parties.<br />

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