Child Support Enforcement - Sarpy County Nebraska

A future payment of child support is not accrued and vested, and therefore a court
may modify the amount of child support due in the future but may generally not
forgive or modify past-due child support.
The general rule is that no credit is given for voluntary overpayments of child
support, even if they are made under a mistaken belief that they are legally required.
See also Palagi v. Palagi, 10 Neb. App. 231, 627 N.W.2d 765 (2001). Exceptions
are made to the ‘no credit for voluntary overpayment rule’ when the equities of the
circumstances demand it and when allowing a credit will not work a hardship on the
minor children.
Equitable remedies are a special blend of what is necessary, what is fair, and
what is workable.
Where a situation exists which is contrary to the principles of equity and which can
be redressed within the scope of judicial action, a court of equity will devise a
remedy to meet the situation.
Hall v. Hall, 238 Neb. 686, 472 N.W.2d 217 (1991)
It is well-recognized law in this state that an action for divorce or for modification
of a divorce decree sounds in equity.
[T]he fact that [the custodial parent] did not respond to [the non custodial parent]’s
motion for modification of their divorce decree is not determinative of the status of
the tax exemptions. [The noncustodial parent] may not be granted the exemptions
simply on [the custodial parent’s] failure to respond or appear. Rather, this court,
under its equity powers, balances the interests of the parties and then determines
where the equities lie.
Hartman v. Hartman, 265 Neb. 515, 657 N.W.2d 646 (2003)
The decision to vacate an order any time during the term in which the judgment is
rendered is within the discretion of the court; such a decision will be reversed only if
it is shown that the district court abused its discretion. … [A] district court has
equitable power to vacate a judgment during the term in which it was entered on
grounds which include, but are not limited to, those enumerated in §25-2001(4).
[A] decision to vacate an order within the same term is within the discretion of the
court, the decision will be reversed only if it is shown that the district court abused its
discretion. … An abuse of discretion occurs when the trial court’s decision is based
upon reasons that are untenable or unreasonable or if its action is clearly against
justice or conscience, reason, and evidence.
Note: Terms of the various district courts may be found by accessing their respective rules
on the Supreme Court’s web site.
Henderson v. Henderson, 264 Neb. 916, 653 N.W.2d 226 (2002)
A noncustodial parent is entitled to credit against a monthly child support obligation
for Social Security benefits paid to his or her minor child as a result of the
noncustodial parent’s post divorce disability.
The credit is an equitable credit, which in no way modifies the underlying obligation
to pay for the support of the dependents. See Gress v. Gress, 257 Neb. 112, 596
N.W.2d 8 (Gress I)
Social Security disability insurance program benefits are not means-tested public
assistance benefits, but are based on prior earnings of the recipient, not on the
financial need of the recipient.
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