Child Support Enforcement - Sarpy County Nebraska
Child Support Enforcement - Sarpy County Nebraska
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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