Child Support Enforcement - Sarpy County Nebraska

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the parties on the basis of their real incomes. In this way, the total support is increased in recognition that the family income is greater than the net monthly earnings of the parents, and the parent who has the legal obligation to support the child receives the benefit of the government program intended to pay for the support of the child. Calculate support this way: 1. Mom’s gross income + Dad’s Gross income = Parental gross income 2. Add value of social security benefits. Sum = New family gross income 3. Calculate family child support amount based on line 2. 4. Deduct social security benefit amount from figure derived from step 3. 5. Arrive at new family support amount. 6. Prorate child support amount from step 5 between the parents based upon their “real” incomes. Spousal Support/Alimony (See also Modification) Section 43-1715. Spousal support, defined. Spousal support shall mean alimony or maintenance support for a spouse or former spouse if the provision for support is a part of an order, decree, or judgment which provides for child support and the child and spouse or former spouse are living in the same household. Source: Laws 1985, Second Spec. Sess., LB 7, § 35 Note: The terms “alimony” and “spousal support” are used interchangeably throughout Nebraska case law, and there is no meaningful difference. Technically, all spousal support is alimony, but all alimony is not spousal support, as reflected in the statute cited above. Notice to IV-D Child Support Attorneys: DHHS CSE Memos of Feb. 5 and March 1, 2013 reiterate that “CSE is prohibited from using Federal enforcement tools to enforce spousal support judgments once the child support judgment ends. In addition, CSE is prohibited from using the following state enforcement tools to enforce spousal support judgments: income withholding, license suspension, administrative attachment and state income tax offset. If a payment is received using one of the ineligible enforcement tools, the payment will not be applied to a spousal support judgment when the spousal support judgment has ended.” This means that even when child support arrears are owed, if the child no longer qualifies to receive ongoing “current” child support, the child support judgment has terminated, and no future collections of spousal support will occur, even if child support arrears continue to be owed. Questions may be directed to Lisa Maddock in Lincoln at 1-402-471-1400. - 174 -
Finney v. Finney, 273 Neb. 436, 730 N.W.2d 351 (2007) Metcalf v. Metcalf, 278 Neb. 258, 269 N.W.2d 386 (2009) – also see below Modification of a dissolution decree is a matter entrusted to the discretion of the trial court, whose order is reviewed de novo on the record, and which will be affirmed absent an abuse of discretion by the trial court. Alimony orders may be modified or revoked for good cause shown. Good cause means a material and substantial change in circumstances and depends upon the circumstances of each case. The moving party has the burden of demonstrating a material and substantial change in circumstances which would justify the modification of an alimony award. Changes in circumstances which were within the contemplation of the parties at the time of the decree, or that were accomplished by the mere passage of time, do not justify a change or modification of an alimony award. Grahovac vs. Grahovac, 12 Neb. App. 585, 680 N.W.2d 616 (2004) An award of alimony may be modified or revoked if the moving party can show good cause. See Pope v. Pope, 251 Neb. 773, 559 N.W.2d 192 (1997). In an action for modification of alimony, good cause is demonstrated by a material change in circumstances, but any changes in circumstances which were within the contemplation of the parties at the time of the decree, or that were accomplished by the mere passage of time, do not justify a change or modification of an alimony order. A modification of child support is only warranted when a change of circumstances is of a material and substantial nature and was not contemplated at the time of the decree. A petition for the modification or termination of alimony will be denied if the change in financial condition is due to fault or voluntary wastage or dissipation of one’s talents and assets. A “practicing alcoholic” who lost high paying job due to alcoholism and refusal to seek treatment cannot seek reduction in alimony. Gress v. Gress, 274 Neb. 686, 743 N.W.2d 67 (2007) Although paragraph R of the NCSG speaks only to child support, we are persuaded that the basic subsistence limitation in that paragraph should apply with equal force in the alimony context. As a purely logical matter, this conclusion is buttressed by the structure of the NCGS itself. …[P]aragraph M [now § 4-213] of the NCSG mandates that alimony be drawn from whatever income is left after child support obligations have been determined. Prioritizing child support over alimony indicates that of the two, child support is the more important support interest. So if child support cannot drive an obligor’s income below the poverty line unless specifically warranted, then a fortiori, alimony should also not be allowed to drive an obligor’s income below the poverty line unless specifically warranted. [A]n alimony award which drives the obligor’s income below the basic subsistence limitation set forth in paragraph R [now § 4-218] of the Nebraska Child Support Guidelines is presumptively an abuse of judicial discretion unless the court specifically finds that conformity with paragraph R would work an unjust or inappropriate result in that particular case. - 175 -
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
Page 25 and 26:
Deterding v. Deterding, 18 Neb. App
Page 27 and 28:
[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
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:
A party seeking to modify a dissolu
Page 39 and 40:
Inequity may result if the court ad
Page 41 and 42:
protect himself when brought before
Page 43 and 44:
(3) … A rebuttable presumption of
Page 45 and 46:
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
Page 51 and 52:
A mother’s testimony that one is
Page 53 and 54:
If trial evidence establishes a joi
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constitutional dimensions of the re
Page 57 and 58:
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
Page 67 and 68:
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
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Association, the Counsel for Discip
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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 and 176: United Parcel Service (UPS): UPS Ne
Page 177 and 178: (d) STAY OF PROCEEDINGS- In an acti
Page 179: Disabled children under age 18 can
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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