Child Support Enforcement - Sarpy County Nebraska

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Molczyk v. Molczyk, 285 Neb. 96, ____ N.W.2d ____, (January 2013) Under the Nebraska Child Support Guidelines, unless the minimum support rule applies, a parent’s total support, child care, and health care obligations cannot reduce the obligor’s net income below the minimum net monthly income for one person that will exceed the federal poverty threshold. I am struck, after all my years in child support, by the tremendous connection between education and income. Here are some startling statistics, which when interpreted through a child support prism show how difficult it is for us to establish and enforce meaningful child support orders when obligated parents lack adequate educational skills necessary to succeed in a 21 st Century economy. Age Range No diploma or GED H.S. diploma, no col. < 4 yrs college 4 yrs+ col. With degree 18 – 24 25.7% live < poverty 19.4% live < poverty 13.7%
Secondly, I have taken the approach where I thought it appropriate of asking the court to order a parent to take GED classes as part of a purge plan, and to present my office and the court with progress reports. Often a noncustodial parent will report no steady income, and no high school diploma. Well, with all that time on their hands they ought to be doing something constructive to get their lives on track. My court has on occasion ordered a noncustodial parent to go back to school, and obtain a GED as a condition of a stay-out-of-jail purge order. Overview/ IV-D Attorney Duty Gangwish v. Gangwish, 267 Neb. 901, 678 N.W.2d 503 (April 2004) Support of one’s children is a fundamental obligation which takes precedence over almost everything else. Duties of the County or Authorized Attorney with regard to paternity establishment and child support enforcement are generally set forth in Neb. Rev. Stat. §§ 43-512.01, 43-512.02, 43-512.03, 43-512.05 (explains the business relationship between county attorneys and HHS), as well as 43-512.08, 43-512.12 and 43-512.15 (modification actions). See also §43-1411. (The State’s right to sue under §43-1411 is not conditioned upon the payment of public assistance benefits for the minor child. See State on Behalf of Hopkins v. Batt, 253 Neb. 852 (1998)) Also see: §42-358. Attorney for minor child; appointment; powers; child or spousal support; records; income withholding; contempt proceedings; fees; evidence; appeal. (1) The court may appoint an attorney to protect the interests of any minor children of the parties. Such attorney shall be empowered to make independent investigations and to cause witnesses to appear and testify on matters pertinent to the welfare of the children. The court shall by order fix the fee, including disbursements, for such attorney, which amount shall be taxed as costs and paid by the parties as ordered. If the court finds that the party responsible is indigent, the court may order the county to pay the costs. (2) Following entry of any decree, the court having jurisdiction over the minor children of the parties may at any time appoint an attorney, as friend of the court, to initiate contempt proceedings for failure of any party to comply with an order of the court directing such party to pay temporary or permanent child support. The county attorney or authorized attorney may be appointed by the court for the purposes provided in this section, in which case the county attorney or authorized attorney shall represent the state. (3) . . . - 3 -
Page 1 and 2: The Unicameral remains in session u
Page 3 and 4: Table of Contents:* * (accessible v
Page 5 and 6: Table of Contents (continued): Mili
Page 7: A Note for Legal Practitioners: Mem
Page 11 and 12: sections, the county attorney or au
Page 13 and 14: final court-ordered determination t
Page 15 and 16: clerk of the district court in whic
Page 17 and 18: (1) In proceedings under sections 4
Page 19 and 20: Nebraska courts, through their inhe
Page 21 and 22: place. This recommendation recogniz
Page 23 and 24: (4) Orders, decrees, and judgments
Page 25 and 26: Mother apparently consents to this
Page 27 and 28: Johnson v. Johnson, 215 Neb. 689, 3
Page 29 and 30: 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 and 82:
State on behalf of L.L.B. v. Hill,
Page 83 and 84:
(1) That withholding is not proper
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
Page 133 and 134:
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
Page 143 and 144:
Material change in circumstances in
Page 145 and 146:
Peter v. Peter, 262 Neb. 1017, 637
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See also: Wilkins v. Wilkins, 269 N
Page 149 and 150:
Adoption/Modification of the Nebras
Page 151 and 152:
A party seeking to modify a dissolu
Page 153 and 154:
(2)The department, through its agen
Page 155 and 156:
§ 43-1408.01 Notarized acknowledgm
Page 157 and 158:
(4) All judgments under this sectio
Page 159 and 160:
See also Shermanv. Neth, 283 Neb. 8
Page 161 and 162:
grounds of newly discovered evidenc
Page 163 and 164:
Fianna has resided with Jeffrey sin
Page 165 and 166:
State on Behalf of Hopkins v. Batt,
Page 167 and 168:
(4) . . . (a) If any case contains
Page 169 and 170:
CONVENTION ON THE INTERNATIONAL REC
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To prevail on a motion to remove a
Page 173 and 174:
Cooper v. Cooper, 8 Neb. App. 532,
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What God -- or the State -- has law
Page 177 and 178:
court should take into consideratio
Page 179 and 180:
Federal Express (FedEx): FedEx Prio
Page 181 and 182:
(c) PENALTY FOR MAKING OR USING FAL
Page 183 and 184:
Recipients who are married and file
Page 185 and 186:
provision for support is a part of
Page 187 and 188:
Material change in circumstances in
Page 189 and 190:
[A]limony should not be used to equ
Page 191 and 192:
contumacious, but it provides no re
Page 193 and 194:
parties will have to start over aga
Page 195 and 196:
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
Page 203 and 204:
petitioner had failed to come to th
Page 205 and 206:
. . . have the force and effect of
Page 207 and 208:
caused or contributed to the cause
Page 209 and 210:
in determining the child support ob
Page 211 and 212:
Effective January 1, 2013, the maxi
Page 213 and 214:
§ 6-1521. Protection of personal a
Page 215 and 216:
In contrast to recent years, the 20
Page 217 and 218:
Military Retirement pay info - www.
Page 219 and 220:
Daily Legal Newswire - www.law.com/
Page 221:
Above All Else: Keep your sense of
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Child Support Enforcement - Sarpy County Nebraska

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