Child Support Enforcement - Sarpy County Nebraska

Temporary child support – see § 42-357.
Temporary Support
Dartmann v. Dartmann, 14 Neb. App. 864, 717 N.W.2d 519 (2006)
“Temporary support” does not mean the support expires when temporary
order expires and is replaced by final decree, which is silent on issue of temporary
support.
Neb. Rev. Stat. § 42-369(4) (Reissue 2004) provides, in part, that “[o]rders, decrees,
and judgments for temporary or permanent support or alimony . . . have the force
and effect of judgments when entered.” Child support payments become a vested
right of the payee in a dissolution action as they accrue. Gress, supra. See Berg v.
Hayworth, 238 Neb. 527, 471 N.W.2d 435 (1991). A court may not forgive or modify
past-due child support.
[T]he district court may, on motion and satisfactory proof that a judgment has been
paid or satisfied in whole or in part by the act of the parties thereto, order it
discharged and canceled of record, to the extent of the payment or satisfaction.
The case law is clear that the district court’s ability to discharge an arrearage of child
support hinges on satisfactory proof that a judgment has been fully paid or satisfied
by the act of both parties.
Jessen v. Line, 16 Neb. App. 197, 742 N.W.2d 30 (2007)
Facts: Apparently wealthy businessman father plays “hide the ball” with his financial records,
preventing mother from ever seeing them, despite 3 court orders. The court of appeals scolds
both sides for not resolving that issue using the “persuasive powers” of the trial court.
[A temporary child] support order was merely an interlocutory order from which no
appeal could be taken.
The fact that the initial [temporary] child support order was interlocutory militates in
favor of making the final order retroactive
Rickus v. Rickus, 183 Neb. 140, 158 N. W. 2d 540 (1969)
[T]emporary orders in the district court allowing alimony, child support, etc.,
terminate with the rendition of a final decree of divorce or the overruling of a motion
for new trial if one be filed. Hall v. Hall, 176 Neb. 555, 126 N. W. 2d 839
Note: All temporary orders are subject to vacation/termination by court order if the parties
do not timely follow up with a final, permanent order of support. If a temporary order ends
up on the dismissal docket, and dismissed under the case progression standards, the
parties will have to start over again. When paternity is involved, the termination of the case
terminates the finding of paternity, forcing the child support interests to “start from scratch”
with a new complaint for paternity and support.
Termination of Parental Rights
This treatise does not attempt to provide an exhaustive treatment on the issue of
termination of parental rights. However, often times families affected by child support orders we
are charged with enforcing end up in juvenile court with allegations of abuse, neglect, or
abandonment. Particularly with the issue of child abandonment our appellate courts seem to be
taking a harder line as to what constitutes grounds for termination of parental rights. I will list
- 182 -