Child Support Enforcement - Sarpy County Nebraska
Child Support Enforcement - Sarpy County Nebraska
Child Support Enforcement - Sarpy County Nebraska
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Smith v. Smith, 201 Neb. 21, 265 N.W.2d 855 (1978)<br />
In rare cases a court may find that a party is equitably estopped.from collecting installments<br />
accruing after some affirmative action.which would ordinarily terminate future installments.<br />
“The securing of the consent of the father to an adoption by another of his child is<br />
such action which by its nature should terminate.further liability for child support.”<br />
“The courts of other jurisdictions are not in agreement as to.whether a consent to an<br />
adoption will terminate future child.support.installments if the adoption is not<br />
completed. We believe.strong equitable considerations support those cases holding<br />
it should do so.”<br />
But see… Williams v. Williams, 206 Neb. 630, 294 N.W.2d 357 (1980), limiting Smith.<br />
State on Behalf of Hopkins v. Batt, 253 Neb. 852, 573 N.W.2d 425 (1998)<br />
Equitable estoppel is a bar which precludes a party from denying or asserting<br />
anything to the contrary of those matters established as the truth by his own deeds,<br />
acts, or representations.<br />
The elements of equitable estoppel are, as to the party estopped,<br />
(1) conduct which amounts to a false representation or concealment of material<br />
facts or, at least, which is calculated to convey the impression that the facts<br />
are otherwise than, and inconsistent with, those which the party subsequently<br />
attempts to assert;<br />
(2) the intention, or at least the expectation, that such conduct shall be acted<br />
upon by, or influence, the other party or other persons; and<br />
(3) knowledge, actual or constructive, of the real facts; and as to the other party,<br />
(4) lack of knowledge and of the means of knowledge of the truth as to the facts<br />
in question;<br />
(5) reliance, in good faith, upon the conduct or statements of the party to be<br />
estopped; and<br />
(6) action or inaction based thereon of such a character as to change the position<br />
or status of the party claiming the estoppel, to his injury, detriment, or<br />
prejudice.<br />
[See also Truman v. Truman, 256 Neb. 628, 591 N.W.2d 81 (1999)]<br />
Someone who is not a party to the pending court action may not be estopped.<br />
State on Behalf of Kayla T. v. Risinger, 273 Neb. 694, 731 N.W.2d 892 (2007)<br />
Facts: Dad learned of unmarried Mom’s pregnancy, but had no contact with child for 17<br />
years, until state filed paternity action. Dad admitted paternity but did not want to have to pay<br />
$60,000+ in retro support for 17 years, citing mother’s promise not to come after him for support<br />
in return for him staying away from his child. Held: Dad must pay the retro support.<br />
A private agreement between parents that would deprive a child of support from one<br />
parent contravenes the public policy of this. State.<br />
[B]ecause the right to support belonged to [the child], any. Agreement made or<br />
actions taken by [the mother] would not be the. Basis for equitable estoppel in this<br />
paternity and child support action brought by the State on the child’s behalf.<br />
Even though the State fashioned the action as one brought on behalf of both the<br />
mother and the child, at least with regard to issues of support, this action is one<br />
brought on behalf of the child. To secure her right to support. Therefore, whether or<br />
not the. Mother should be equitably estopped from seeking any sort of relief for<br />
herself, the State was not estopped from seeking support on the child’s behalf in this<br />
action.<br />
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