Child Support Enforcement - Sarpy County Nebraska

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Servicemembers Civil Relief Act of 2003 (SCRA) See http://usmilitary.about.com/od/sscra/l/blscramenu.htm and www.bankersonline.com/regs/201/sscra.html Of particular interest is the requirement to ALWAYS allege in court pleadings whether a party is or is not a member of the Armed Forces within the meaning of the SCRA. If they are, they have the right to counsel, via court appointment, in many circumstances, and no default judgment may be entered against an unrepresented service member. See Section 201: (a) APPLICABILITY OF SECTION- This section applies to any civil action or proceeding in which the defendant does not make an appearance. (b) AFFIDAVIT REQUIREMENT- (1) PLAINTIFF TO FILE AFFIDAVIT- In any action or proceeding covered by this section, the court, before entering judgment for the plaintiff, shall require the plaintiff to file with the court an affidavit— (A) stating whether or not the defendant is in military service and showing necessary facts to support the affidavit; or (B) if the plaintiff is unable to determine whether or not the defendant is in military service, stating that the plaintiff is unable to determine whether or not the defendant is in military service. (2) APPOINTMENT OF ATTORNEY TO REPRESENT DEFENDANT IN MILITARY SERVICE- If in an action covered by this section it appears that the defendant is in military service, the court may not enter a judgment until after the court appoints an attorney to represent the defendant. If an attorney appointed under this section to represent a servicemember cannot locate the servicemember, actions by the attorney in the case shall not waive any defense of the servicemember or otherwise bind the servicemember. (3) DEFENDANT'S MILITARY STATUS NOT ASCERTAINED BY AFFIDAVIT- If based upon the affidavits filed in such an action, the court is unable to determine whether the defendant is in military service, the court, before entering judgment, may require the plaintiff to file a bond in an amount approved by the court. If the defendant is later found to be in military service, the bond shall be available to indemnify the defendant against any loss or damage the defendant may suffer by reason of any judgment for the plaintiff against the defendant, should the judgment be set aside in whole or in part. The bond shall remain in effect until expiration of the time for appeal and setting aside of a judgment under applicable Federal or State law or regulation or under any applicable ordinance of a political subdivision of a State. The court may issue such orders or enter such judgments as the court determines necessary to protect the rights of the defendant under this Act. (4) SATISFACTION OF REQUIREMENT FOR AFFIDAVIT- The requirement for an affidavit under paragraph (1) may be satisfied by a statement, declaration, verification, or certificate, in writing, subscribed and certified or declared to be true under penalty of perjury. (c) PENALTY FOR MAKING OR USING FALSE AFFIDAVIT- A person who makes or uses an affidavit permitted under subsection (b) (or a statement, declaration, verification, or certificate as authorized under subsection (b)(4)) knowing it to be false, shall be fined as provided in title 18, United States Code, or imprisoned for not more than one year, or both. - 170 -
(d) STAY OF PROCEEDINGS- In an action covered by this section in which the defendant is in military service, the court shall grant a stay of proceedings for a minimum period of 90 days under this subsection upon application of counsel, or on the court’s own motion, if the court determines that— (1) there may be a defense to the action and a defense cannot be presented without the presence of the defendant; or (2) after due diligence, counsel has been unable to contact the defendant or otherwise determine if a meritorious defense exists. (e) INAPPLICABILITY OF SECTION 202 PROCEDURES- A stay of proceedings under subsection (d) shall not be controlled by procedures or requirements under section 202. (f) SECTION 202 PROTECTION- If a servicemember who is a defendant in an action covered by this section receives actual notice of the action, the servicemember may request a stay of proceeding under section 202. (g) VACATION OR SETTING ASIDE OF DEFAULT JUDGMENTS- (1) AUTHORITY FOR COURT TO VACATE OR SET ASIDE JUDGMENT- If a default judgment is entered in an action covered by this section against a servicemember during the servicemember’s period of military service (or within 60 days after termination of or release from such military service), the court entering the judgment shall, upon application by or on behalf of the servicemember, reopen the judgment for the purpose of allowing the servicemember to defend the action if it appears that— (A) the servicemember was materially affected by reason of that military service in making a defense to the action; and (B) the servicemember has a meritorious or legal defense to the action or some part of it. (2) TIME FOR FILING APPLICATION- An application under this subsection must be filed not later than 90 days after the date of the termination of or release from military service. Source: http://usmilitary.about.com/od/sscra/l/blscra201.htm Carmicheal v. Rollins, 280 Neb. 59, 783 N.W. 2d 763 (2010) This case sets forth exactly what a servicemember must demonstrate - and how they must go about demonstrating – that they are entitled to a stay of court proceedings. One of the articulated purposes of the Servicemembers Civil Relief Act, 50 U.S.C. app. § 501et seq. (2006), is to provide for the temporary suspension of judicial and administrative proceedings and transactions that may adversely affect the civil rights of servicemembers during their military service. The Servicemembers Civil Relief Act, 50 U.S.C. app. § 501et seq. (2006), is intended to strengthen and expedite the national defense by enabling persons in the military service to devote their entire energy to the defense needs of the nation. The protections afforded by the Servicemembers Civil Relief Act, 50 U.S.C. app. § 501et seq. (2006), are intended to be far ranging, applying to any judicial or administrative proceeding commenced in any court or agency in any jurisdiction subject to this act. A request for a stay, or the grant of a stay, does not affect whether a court has jurisdiction. - 171 -
Page 1 and 2:
The Unicameral remains in session u
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Table of Contents:* * (accessible v
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Table of Contents (continued): Modi
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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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The only court order entered addres
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(3) The proceedings to obtain a rev
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Temporary orders in the district co
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[O]nly civil contempt orders issued
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By letter from Nebraska’s HHSS’
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which income withholding has been i
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Deterding v. Deterding, 18 Neb. App
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[P]ublic policy forbids enforcement
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§ 25-217 Action; commencement; def
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that the new order only became effe
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Koch v. Koch, 226 Neb. 305, 312, 41
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We conclude that the state was not
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A party seeking to modify a dissolu
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Inequity may result if the court ad
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protect himself when brought before
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(3) … A rebuttable presumption of
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Lenz v. Lenz, 222 Neb. 85, 382 N.W.
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Finally, we conclude that for futur
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(7) Criminal nonsupport is a Class
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A mother’s testimony that one is
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If trial evidence establishes a joi
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constitutional dimensions of the re
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Wilson v. Wilson, 224 Neb. 589, 399
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An individual may file a complaint
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which men felt defrauded by the chi
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of ability to pay, fair opportunity
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not deprive a parent of such custod
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Both parents have a duty to support
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amount over what you owe in taxes i
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Basing the child support on the spe
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emancipated by a court of competent
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Eliker v. Eliker, 206 Neb. 764, 295
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Henderson v. Henderson, 264 Neb. 91
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Redick v. Redick, 220 Neb. 86, 368
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Neither of the parties is authorize
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Guardianship of Minors § 30-2605 S
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in re Guardianship of Elizabeth H.,
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unless the court finds that one or
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court should take into consideratio
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In re Interest of Tamika S. et al.,
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Peter v. Peter, 262 Neb. 1017, 637
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Interpretation of the Nebraska Chil
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prepared QMCSO that requires a plan
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or she had sufficient resources to
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All veterans benefits, of whatever
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It is appropriate to consider overt
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Any order to withhold and transmit
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§43-1709. Employer or other payor,
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(6) That the employer or other payo
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income withholding for current supp
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identify delinquencies pursuant to
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support. Dad appealed, claiming CSE
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(3) Any juvenile…whose parent, gu
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Harvey v. Harvey, 6 Neb. App. 524,
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issued a transfer order, a certifie
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All proceedings under sections 42-3
Page 125 and 126: Association, the Counsel for Discip
Page 127 and 128: might be required for the filing or
Page 129 and 130: withholding notices in this case ar
Page 131 and 132: Medicaid Reimbursement/ Medical Sup
Page 133 and 134: expected to last for the applicable
Page 135 and 136: All Nebraska IV-D court orders or f
Page 137 and 138: subsequent award as the basis for d
Page 139 and 140: or a previous modification and was
Page 141 and 142: date of the last order establishing
Page 143 and 144: child’s diagnosis with disease wh
Page 145 and 146: Rather than seeking another job, ev
Page 147 and 148: Theisen v. Theisen, 14 Neb. App. 44
Page 149 and 150: Paternity & Related (see also Dises
Page 151 and 152: equity, and jurisdiction to hear an
Page 153 and 154: (1) An action for paternity or pare
Page 155 and 156: (b) the mother and the mother’s h
Page 157 and 158: properly raised in the case and the
Page 159 and 160: Whether a party has the right to in
Page 161 and 162: Note: In civil proceedings where pa
Page 163 and 164: (a) First, to the payments due for
Page 165 and 166: Nebraska has signed reciprocity agr
Page 167 and 168: support may be judicially halted wh
Page 169 and 170: Retro Support Bowers v. Lens, 264 N
Page 171 and 172: support order. He pays for his mino
Page 173 and 174: court should take into consideratio
Page 175: United Parcel Service (UPS): UPS Ne
Page 179 and 180: Disabled children under age 18 can
Page 181 and 182: Finney v. Finney, 273 Neb. 436, 730
Page 183 and 184: maintenance support for a spouse or
Page 185 and 186: Statute of Limitations Criminal Pro
Page 187 and 188: Components of a series or collectio
Page 189 and 190: elow a few appellate cases that add
Page 191 and 192: § 42-716. Application of law of th
Page 193 and 194: (b) Modification of a registered ch
Page 195 and 196: the registration has the burden of
Page 197 and 198: confirming the order. [UIFSA] Secti
Page 199 and 200: any 90-day period, support payments
Page 201 and 202: Hicklin v. Hicklin, 244 Neb. 895, 5
Page 203 and 204: Gordon v. Gordon, 231 Neb. 857, 438
Page 205 and 206: Amended and expanded rules for use
Page 207 and 208: (1) Delinquent child or spousal sup
Page 209 and 210: (F) The name, birth date, gender, a
Page 211 and 212: www.supremecourt.ne.gov/rules/pdf/C
Page 213 and 214: FPLS External Locate Requests for I
Page 215 and 216: NCP NCSEA NCSEA OCSE Non custodial
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Child Support Enforcement - Sarpy County Nebraska

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