Child Support Enforcement - Sarpy County Nebraska

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a court may suspend child support payments when the custodial parent deprives the noncustodial parent of visitation and there is no showing that the children are in need. Williams v. Williams, 206 Neb. 630, 294 N.W.2d 357 (1980) While equitable estoppel may be applicable in delinquent child.support cases, the mere execution of a document consenting to the adoption of a child, standing alone, is insufficient to justify.imposing the doctrine of equitable estoppel to deny to custodial.parent the benefits of a previously entered order of support. Extradition – Costs State v. Smith, 13 Neb. App. 477, 695 N.W.2d 440 (2005) We…find no abuse of discretion in the determination of the trial court that costs of prosecution (which can be taxed to the defendant) include the expenses of extradition. Neb. Rev. Stat. §29-752 (Cum. Supp. 2004) expressly contemplates the expenses of transportation in connection with an extradition, stating: When the punishment of the crime is the confinement of the criminal in a Department of Correctional Services adult correctional facility, the expenses shall be paid out of the state treasury on the certificate of the Governor and warrant of the State Treasurer and Director of Administrative Services. In all other cases the expenses shall be paid out of the county treasury in the county wherein the crime is alleged to have been committed. The expenses shall be the fees paid to the officers of the state on whose Governor the requisition is made and shall be equal to the mileage rate authorized in section 81-1176 for each mile which is necessary to travel in returning such prisoner. Federal Regulations of Interest Title IV-D of the Social Security Act of 1974 Electronic Code of Federal Regulations, Title 45 Automated Systems for Child Support Enforcement: A Guide for States Foreign Support Orders §43-1734. Foreign support order; validity; prima facie evidence; allowable defenses. At any hearing contesting a proposed income withholding based on a foreign support order entered under section 43-1729, the entered order, the certified copy of an income withholding order or notice, if any, still in effect, and the sworn or certified statement concerning arrearages and any assignment of rights shall constitute prima facie evidence, without further proof or foundation, that the support order is valid, that the amount of current support payments and arrearages is as stated, and that the obligee would be entitled to income withholding under the law of the jurisdiction which issued the support order. Once a prima facie case has been established, the obligor may raise only the following defenses: - 76 -
(1) That withholding is not proper because of a mistake of fact, that is not res judicata, concerning matters such as an error in the amount of current support owed or the arrearage that has accrued, mistaken identity of the obligor, or error in the amount of income to be withheld; (2) That the court or agency which issued the support order lacked personal jurisdiction over the obligor; (3) That the support order was obtained by fraud; or (4) That the statute of limitations, as provided in subsection (3) of section 43-1742, precludes enforcement of all or part of the arrearages. The burden shall be on the obligor to establish such defenses. Source: Laws 1985, Second Spec. Sess., LB 7, § 54; Laws 1991, LB 457, § 39 § 43-1742. Foreign support order; applicability of law. (1) Except as provided in subsections (2) and (3) of this section, the local law of this state shall apply in all actions and proceedings concerning the issuance, enforcement, and duration of income withholding orders issued by a court of this state based upon a foreign support order entered pursuant to section 43-1729. (2) The local law of the jurisdiction which issued the foreign support order shall govern the following: (a) The interpretation of the support order including amount of support, form of payment, and duration of support; (b) The amount of support arrearages necessary to require the issuance of an income withholding order or notice; and I The definition of what costs, in addition to the periodic support obligation, are included as arrearages which are enforceable by income withholding, including, but not limited to, interest, attorney’s fees, court costs, and costs of paternity testing. (3) The court shall apply the statute of limitations for maintaining an action on arrearages of support payments of either the local law of this state or of the state which issued the foreign support order, whichever provides the longer period of time. Source: Laws 1985, Second Spec. Sess., LB 7, § 62 Foster Care In re Interest of Antonio S. & Priscilla S., 270 Neb. 792, 708 N.W.2d 614 (2005) Generally, custody of a minor ward is an incident of guardianship. Where a guardianship is established under the Nebraska Juvenile Code as a means of providing permanency for adjudicated children who have been in the temporary custody of the Department of Health and Human Services, custody is necessarily transferred from the department to the appointed guardian(s) by operation of law. Guardianship of Minors § 30-2605 Status of guardian of minor; general. A person becomes a guardian of a minor by acceptance of a testamentary appointment or upon appointment by the court. The guardianship status continues until terminated, without regard to the location from time to time of the guardian and minor ward. Source: Laws 1974, LB 354, § 223, UPC § 5-201. - 77 -
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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
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A Note for Legal Practitioners: Mem
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Secondly, I have taken the approach
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sections, the county attorney or au
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final court-ordered determination t
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clerk of the district court in whic
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(1) In proceedings under sections 4
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Nebraska courts, through their inhe
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place. This recommendation recogniz
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(4) Orders, decrees, and judgments
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Mother apparently consents to this
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Johnson v. Johnson, 215 Neb. 689, 3
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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 and 60: verification forms instead of tax r
Page 61 and 62: State v. Cummings, 2 Neb. App. 820,
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: State on behalf of L.L.B. v. Hill,
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
Page 111 and 112: shall withhold for each notice the
Page 113 and 114: forward the child support payment.
Page 115 and 116: Servicemembers Civil Relief Act of
Page 117 and 118: Judgments (see also Jurisdiction) 2
Page 119 and 120: Source: Laws 1972, LB 820, § 5; La
Page 121 and 122: [J]urisdiction is the inherent powe
Page 123 and 124: A nonimmigrant alien authorized to
Page 125 and 126: In re Interest of Tamika S. et al.,
Page 127 and 128: action to certify the license holde
Page 129 and 130: NCP had no control as to when trust
Page 131 and 132: [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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