Child Support Enforcement - Sarpy County Nebraska

In re Interest of Lakota Z. & Jacob H., 282 Neb. 584, 804 N.W.2d 174 (2011)
In guardianship termination proceedings involving a biological or adoptive parent,
the parental preference principle serves to establish a rebuttable presumption that
the best interests of a child are served by reuniting the child with his or her parent.
An individual who opposes the termination of a guardianship bears the burden of
proving by clear and convincing evidence that the biological or adoptive parent either
is unfit or has forfeited his or her right to custody. Absent such proof, the
constitutional dimensions of the relationship between parent and child require
termination of the guardianship and reunification with the parent.
Uhing v. Uhing, 241 Neb. 368, 488 N.W.2d 366 (1992)
In a parent’s habeas corpus proceeding directed at child custody, a court may not
deprive a parent of a minor’s custody unless it is affirmatively shown that the parent
seeking habeas corpus relief is unfit to perform the parental duties imposed by the
parent-child relationship or has legally lost parental rights in the child.
Guidelines Issues
(Including sufficient and insufficient reasons for deviating from the guidelines —
See also Modification Issues)
Note: Minor tweaking of the Nebraska’s child support guidelines took effect Sept. 1,
2011. View Amendments
Among the largest changes are:
a change to Worksheet #1, adding cash medical support as a factor that adjusts
a final child support award, much as the cost of dependent health insurance
does;
Birth related medical expenses remain uncollectable. “Health insurance” is now
defined to include coverage for medical, dental, orthodontic, optometric, substance
abuse, and mental health treatment;
If a court orders a parent to pay cash medical support, it shall be in lieu of, and not
in addition to, requiring the parent to also pay reimbursement for reasonable and
necessary children’s health care costs;
If the child is residing with a third party, the court shall order each of the parents to
pay to the third party their respective amounts of child support as determined by the
worksheet.
View Child Support Guidelines Worksheets and Income Shares Table
§42-364.16 Child support guidelines; establishment; use.
The Supreme Court shall provide by court rule, as a rebuttable presumption, guidelines for the
establishment of all child support obligations. Child support shall be established in accordance
with such guidelines, which guidelines are presumed to be in the best interests of the child,
unless the court finds that one or both parties have produced sufficient evidence to rebut the
presumption that the application of the guidelines will result in a fair and equitable child support
order.
Source: Laws 1985, Second Spec. Sess., LB 7, § 18; Laws 1994, LB 1224, § 46.
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