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Child Support Enforcement - Sarpy County Nebraska

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a court may suspend child support payments when the custodial parent deprives the<br />

noncustodial parent of visitation and there is no showing that the children are in<br />

need.<br />

Williams v. Williams, 206 Neb. 630, 294 N.W.2d 357 (1980)<br />

While equitable estoppel may be applicable in delinquent child.support cases, the<br />

mere execution of a document consenting to the adoption of a child, standing<br />

alone, is insufficient to justify.imposing the doctrine of equitable estoppel to deny to<br />

custodial.parent the benefits of a previously entered order of support.<br />

Extradition – Costs<br />

State v. Smith, 13 Neb. App. 477, 695 N.W.2d 440 (2005)<br />

We…find no abuse of discretion in the determination of the trial court that costs of<br />

prosecution (which can be taxed to the defendant) include the expenses of<br />

extradition.<br />

Neb. Rev. Stat. §29-752 (Cum. Supp. 2004) expressly contemplates the<br />

expenses of transportation in connection with an extradition, stating:<br />

When the punishment of the crime is the confinement of the criminal in a Department of<br />

Correctional Services adult correctional facility, the expenses shall be paid out of the state<br />

treasury on the certificate of the Governor and warrant of the State Treasurer and Director<br />

of Administrative Services. In all other cases the expenses shall be paid out of the county<br />

treasury in the county wherein the crime is alleged to have been committed. The expenses<br />

shall be the fees paid to the officers of the state on whose Governor the requisition is made<br />

and shall be equal to the mileage rate authorized in section 81-1176 for each mile which is<br />

necessary to travel in returning such prisoner.<br />

Federal Regulations of Interest<br />

Title IV-D of the Social Security Act of 1974<br />

Electronic Code of Federal Regulations, Title 45<br />

Automated Systems for <strong>Child</strong> <strong>Support</strong> <strong>Enforcement</strong>: A Guide for States<br />

Foreign <strong>Support</strong> Orders<br />

§43-1734. Foreign support order; validity; prima facie evidence; allowable defenses.<br />

At any hearing contesting a proposed income withholding based on a foreign support order<br />

entered under section 43-1729, the entered order, the certified copy of an income withholding<br />

order or notice, if any, still in effect, and the sworn or certified statement concerning arrearages<br />

and any assignment of rights shall constitute prima facie evidence, without further proof or<br />

foundation, that the support order is valid, that the amount of current support payments and<br />

arrearages is as stated, and that the obligee would be entitled to income withholding under the<br />

law of the jurisdiction which issued the support order.<br />

Once a prima facie case has been established, the obligor may raise only the following<br />

defenses:<br />

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