Child Support Enforcement - Sarpy County Nebraska
Child Support Enforcement - Sarpy County Nebraska
Child Support Enforcement - Sarpy County Nebraska
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Fredericks v. Western Livestock Auction Co., 225 Neb. 211, 403 N.W.2d 377 (1987)<br />
A “ default judgment will not ordinarily be set aside on the application of a party who,<br />
by his own fault, negligence, or want of diligence, has failed to protect his own<br />
interests. . . .’”<br />
Joyce v. Joyce, 229 Neb. 831, 834, 429 N.W.2d 355 (1988)<br />
This court held in Tejral v. Tejral, 220 Neb. 264, 267, 369 N.W.2d 359, 361 (1985)<br />
that “where a party in a dissolution of marriage case is served personally with a<br />
summons and a copy of the petition in the case, and that party chooses not to file<br />
any pleading nor to enter an appearance in the case, and has not otherwise<br />
requested notice of hearing, notice of default hearing need not be given to such<br />
party. We further hold that it is an abuse of the trial court’s discretion under § 42-<br />
372 to set aside a dissolution decree, properly entered, on the sole basis that notice<br />
of hearing was not sent to the party in default of filing any pleading or entering an<br />
appearance in the case.” The same rule is applicable in a URESA [Revised Uniform<br />
Reciprocal <strong>Enforcement</strong> of <strong>Support</strong> Act] case.<br />
The same rule is also applicable in this case. Appellant failed to file an appearance or<br />
a pleading in this case. Local court rules do not supersede the common law of this<br />
state. Notice of the default hearing was not required, and therefore appellant’s third<br />
assignment of error is without merit.” Starr v. King, at 342.<br />
State on behalf of A.E. vs. Buckhalter, 273 Neb. 443, 730<br />
N.W.2d 340 (2007)<br />
[A] party who is served with summons and a copy of the<br />
complaint and fails to answer or make an appearance in a<br />
case is not entitled to further notice of a hearing.<br />
“A party’s voluntary inaction and inattention should not<br />
be permitted to paralyze the ordinary and orderly<br />
functioning of the legal process.” Citing Tejral v. Tejral,<br />
220 Neb. 264, 369 N.W.2d 359 (1985).<br />
[W]hen the court has entered a default judgment and the<br />
defendant has made a prompt application at the same term to set it aside, with the<br />
tender of an answer or other proof disclosing a meritorious defense, the court<br />
should on reasonable terms sustain the motion and permit the cause to be heard<br />
on the merits. A meritorious or substantial defense or cause means one which is<br />
worthy of judicial inquiry because it raises a question of law deserving some<br />
investigation and discussion or a real controversy as to the essential facts.12 To<br />
vacate the default judgment, Buckhalter is not required to show that he will<br />
ultimately prevail, but only that he has a recognized defense that is not frivolous.<br />
By failing to take the genetic testing ordered by the court, Buckhalter passed up<br />
the opportunity to present a meritorious defense.<br />
Buckhalter argues that the employment verification forms the State introduced to<br />
show Buckhalter’s income were inadequate. Buckhalter contends that the State<br />
should have requested his tax returns through discovery instead of relying on the<br />
employment verification forms as evidence of his income. … We believe the State<br />
used a reasonable method to obtain information about Buckhalter’s income when<br />
he refused to participate in the proceedings or submit evidence in his own behalf.<br />
The court did not err in calculating its child support award on employment<br />
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