Child Support Enforcement - Sarpy County Nebraska

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ight hoops, and is not listed on a notarized acknowledgment of paternity. Guardians ad litem MUST be appointed first to represent the child’s interests, and I suspect their findings and recommendations to the court will be given deference. Query: does the court consider what is in the “best interests” of the minor child? What is in the best interests? On one level, it would be clear that a child with two parents would stand in better position financially than the same child with only one parent. This would include the right to receive dependent social security benefits should the legally recognized father become disabled or die during the children’s minority. Also the child would have the right to inherit from any estate of the father, and possible from his extended family. These are only the financial benefits that could accrue to the child. I will leave it to others to discuss the emotional and societal bonds and benefits the child would potentially receive from having a father. Clearly society and the courts are concerned with other than a pure biological relationship between child and father. Otherwise we would not allow adoptions or anonymous artificial insemination. The Unicameral has opened a Pandora’s Box with this legislation, in my opinion. A howitzer has been sent in to swat a fly. I think it is clear that the law already afforded adequate legal protections to men named in lawsuits to be biological parents. You snooze, you lose. That seems no longer to be Nebraska law, however. Cases pre-existing the passage of LB 1014 (Unicameral 2008) include: Day vs. Heller, 264 Neb. 934, 653 N.W.2d 475 (2002) Facts: Wife became pregnant during marriage with child of boyfriend. Wife held out pregnancy and child born to her as being husband’s child. Parties divorced 4 years after birth of child. Husband was ordered to pay child support and granted visitation. Eight years of child support payments and visitations later ex-husband discovered that he was not biological father of child. He was pissed, and sued. Question Presented: Will Nebraska recognize a tort or assumpsit cause of action against a mother for her misrepresentation and concealment of biological fatherhood? Holding: In effect, ex-husband is saying, “He is not my son; I want my money back.” “[A] tort or assumpsit claim that seeks to . recover for the creation of a parent-child relationship has the. Effect of saying “I wish you had never been born” to a child who, before the revelation of biological fatherhood, was under the impression that he or she had a father who loved him or her.” “We decline to allow a party to use a tort or assumpsit claim as a means for sending or reinforcing this message.“ Ex-husband’s tort and assumpsit causes of action are contrary to public policy. “We do not believe that having a close and loving relationship “imposed” on one because of a misrepresentation of biological fatherhood is the type of “harm” that the law should attempt to remedy. It does not lie within the power of any judicial system to remedy all human wrongs, and to attempt to correct such wrongs or give relief from their effects may do more social damage than if the law leaves them alone. (citation omitted) The court does not address ex-husbands res judicata and collateral estoppel arguments. - 54 -
State v. Cummings, 2 Neb. App. 820, 515 N.W.2d 680 (1994) Plaintiffs are entitled to a default judgment without offering evidence in support of the allegations of their petition, except allegations of value and amount of damage. Weir v. Woodruff, 107 Neb. 585, 186 N.W. 988 (1922) State on behalf of L.L.B. v. Hill, 268 Neb. 355, 682 NW2d 709 (2004) This case involves the disestablishment of paternity some 5 years after the default order was entered. No “replacement father” was involved. The state did not object to the disestablishment after DNA tests came back showing the legal father to not be the biological dad. The state appealed the sole issue of the district court’s vacation of child support arrears. The supreme court reversed the vacation on equitable grounds. Query: does this case open the door to legal fathers challenging existing paternity orders years later? Judgments: Equity: Time. A litigant seeking the vacation or modification of a prior judgment after term may take one of two routes. The litigant may proceed either under Neb. Rev. Stat. §25-2001 (Cum. Supp. 2002) or under the district court’s independent equity jurisdiction. To be entitled to equitable relief from a judgment, a party must show that the situation is not due to his or her fault, neglect, or carelessness. Dissolution and Related Alicia C. v. Jeremy C., 283 Neb. 340, ___ N.W.2d ___ (February 2012) Under Nebraska common law, later embodied in Neb. Rev. Stat. § 42-377 (Reissue 2008), legitimacy of children born during wedlock is presumed, and this presumption may be rebutted only by clear, satisfactory, and convincing evidence. When the parties fail to submit evidence at the dissolution proceeding rebutting the presumption of paternity, the dissolution court can find paternity based on the presumption alone. [A]ny dissolution decree which orders child support implicitly makes a final determination of paternity. A dissolution decree that orders child support is res judicata on the issue of paternity. [S]tatutes (allowing for the disestablishment of paternity) have largely been in response to a “disestablishment movement” which began after high profile cases in which men felt defrauded by the child support system which forced them to support children they were not genetically related to. Rev. Stat. § 43-1412.01 (Reissue 2008) overrides res judicata principles and allows, in limited circumstances, an adjudicated father to disestablish a prior, final paternity determination based on genetic evidence that the adjudicated father is not the biological father. § 43-1412.01 applies to paternity determinations both when the child is born into a marriage as well as when the child is born to unmarried parents. In enacting a statute, the Legislature must be presumed to have knowledge of all previous legislation upon the subject. If the language of a statute is clear, the words of such statute are the end of any judicial inquiry regarding its meaning. - 55 -
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The Unicameral remains in session u
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Table of Contents:* * (accessible v
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Table of Contents (continued): Mili
Page 7 and 8:
A Note for Legal Practitioners: Mem
Page 9 and 10: Secondly, I have taken the approach
Page 11 and 12: sections, the county attorney or au
Page 13 and 14: final court-ordered determination t
Page 15 and 16: clerk of the district court in whic
Page 17 and 18: (1) In proceedings under sections 4
Page 19 and 20: Nebraska courts, through their inhe
Page 21 and 22: place. This recommendation recogniz
Page 23 and 24: (4) Orders, decrees, and judgments
Page 25 and 26: Mother apparently consents to this
Page 27 and 28: Johnson v. Johnson, 215 Neb. 689, 3
Page 29 and 30: stand dismissed without prejudice a
Page 31 and 32: This case includes an excellent sum
Page 33 and 34: Koch v. Koch, 226 Neb. 305, 312, 41
Page 35 and 36: We conclude that the state was not
Page 37 and 38: Modifying the amounts awarded to a
Page 39 and 40: [P]ublic policy forbids enforcement
Page 41 and 42: Carroll v. Moore, 228 Neb. 561, 423
Page 43 and 44: (3) … A rebuttable presumption of
Page 45 and 46: Lenz v. Lenz, 222 Neb. 85, 382 N.W.
Page 47 and 48: Finally, we conclude that for futur
Page 49 and 50: (7) Criminal nonsupport is a Class
Page 51 and 52: A mother’s testimony that one is
Page 53 and 54: Neither of the parties is authorize
Page 55 and 56: In guardianship termination proceed
Page 57 and 58: Weinand v. Weinand, 260 Neb. 146, 6
Page 59: verification forms instead of tax r
Page 63 and 64: Where parents of the child are sepa
Page 65 and 66: any unpaid child support obligation
Page 67 and 68: Henderson v. Henderson, 264 Neb. 91
Page 69 and 70: (0,1,2,or 3+) and how much “earne
Page 71 and 72: Earning capacity may be used as a b
Page 73 and 74: esponding state is modifying a supp
Page 75 and 76: [T]he duration of the support oblig
Page 77 and 78: A future payment of child support i
Page 79 and 80: Such a credit clause does not viola
Page 81 and 82: State on behalf of L.L.B. v. Hill,
Page 83 and 84: (1) That withholding is not proper
Page 85 and 86: Source: Laws 1974, LB 354, § 226,
Page 87 and 88: In re Interest of Lakota Z. & Jacob
Page 89 and 90: Note: In July 2008 the Federal Chil
Page 91 and 92: Erica J. v. Dewitt, 265 Neb. 728, 6
Page 93 and 94: Moore v. Bauer, 11 Neb. App. 572, 6
Page 95 and 96: Sears v. Larson, 259 Neb. 760, 612
Page 97 and 98: health care coverage is not availab
Page 99 and 100: Druba v. Druba , 238 Neb. 279, 470
Page 101 and 102: Rouse v. Rouse, 18 Neb. App. 128, 7
Page 103 and 104: There is a presumption that income
Page 105 and 106: The Nebraska Supreme Court has not
Page 107 and 108: §42-364.12 Child support; withhold
Page 109 and 110: Source: Laws 1985, Second Spec. Ses
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shall withhold for each notice the
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forward the child support payment.
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Servicemembers Civil Relief Act of
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Judgments (see also Jurisdiction) 2
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Source: Laws 1972, LB 820, § 5; La
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[J]urisdiction is the inherent powe
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A nonimmigrant alien authorized to
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In re Interest of Tamika S. et al.,
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action to certify the license holde
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NCP had no control as to when trust
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[T]he district court abused its dis
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Note: In response to a new federal
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(1) Child support orders in cases i
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§43-512.17. Title IV-D child suppo
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In the initial determination of chi
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The federal government provides Soc
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Material change in circumstances in
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Peter v. Peter, 262 Neb. 1017, 637
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See also: Wilkins v. Wilkins, 269 N
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Adoption/Modification of the Nebras
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A party seeking to modify a dissolu
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(2)The department, through its agen
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§ 43-1408.01 Notarized acknowledgm
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(4) All judgments under this sectio
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See also Shermanv. Neth, 283 Neb. 8
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grounds of newly discovered evidenc
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Fianna has resided with Jeffrey sin
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State on Behalf of Hopkins v. Batt,
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(4) . . . (a) If any case contains
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CONVENTION ON THE INTERNATIONAL REC
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To prevail on a motion to remove a
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Cooper v. Cooper, 8 Neb. App. 532,
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What God -- or the State -- has law
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court should take into consideratio
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Federal Express (FedEx): FedEx Prio
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(c) PENALTY FOR MAKING OR USING FAL
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Recipients who are married and file
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provision for support is a part of
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Material change in circumstances in
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[A]limony should not be used to equ
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contumacious, but it provides no re
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parties will have to start over aga
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state has and shall exercise contin
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§ 42-735 Administrative enforcemen
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(2) notify the nonregistering party
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allegations of a petition invokes t
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petitioner had failed to come to th
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. . . have the force and effect of
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caused or contributed to the cause
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in determining the child support ob
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Effective January 1, 2013, the maxi
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§ 6-1521. Protection of personal a
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In contrast to recent years, the 20
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Military Retirement pay info - www.
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Daily Legal Newswire - www.law.com/
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Above All Else: Keep your sense of
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Child Support Enforcement - Sarpy County Nebraska

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