Child Support Enforcement - Sarpy County Nebraska

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Marr v. Marr, Jr., 245 Neb. 655, 515 N.W.2d 118 (1994) Facts: Obligated parent/self employed paving contractor tried to get his child support modified and reduced, but evidence showed he owed $14,000 in past due support and had made no real effort to pay support despite earning a modest income. Held: Unclean hands prevents the court from modifying his support order. "He who seeks equity must do equity" and … a party seeking equitable relief must come into court with "clean hands Had appellant presented a record where he consistently attempted to discharge his duty to support his child, in an amount reflecting a bona fide effort to perform his parental (and court-ordered) duty of support, a different case might be presented Snodgrass v. Snodgrass, 241 Neb. 43, 486 N.W.2d 215 (1992) Facts: Noncustodial father, after having been found to be in willful contempt of court for failure to make child support payments for his two minor children, filed an application to modify the divorce decree. In the application, he alleged that he was not the father of the older child and sought a paternity determination as well as custody of the younger child. The mother of the children successfully contended that the application should be dismissed on the ground that the petitioner had failed to come to the court with clean hands by virtue of the contempt order and child support arrearage. In affirming the district court’s dismissal of the application, we determined that it was supported by a record which showed that the “[father’s] conduct since the dissolution of the marriage has been to pay no child support unless compelled by the court” and that it was his “flagrant and continuing contempt of court” which precluded him from obtaining relief. State o/b/o Pathammavong v. Pathammavong, 268 Neb. 1, 679 N.W.2d 749 (2004) When a party owes past-due child support, the failure to pay must be found to be a willful failure to pay, in spite of an ability to pay, before an application to modify child support may be dismissed on the basis of unclean hands. Voichoskie v. Voichoskie, 215 Neb. 775, 340 N.W.2d 442 (1983) Conduct which forms a basis for a finding that a party has “unclean hands” must be willful in nature. Citing 1 Pomeroy, Equity Jurisprudence (3d ed.) sec. 397: ‘Whenever a party, who, as actor, seeks to set the judicial machinery in motion and obtain some remedy, has violated conscience, or good faith, or other equitable principle, in his prior conduct, then the doors of the court will be shut against him in limine; the court will refuse to interfere on his behalf, to acknowledge his right, or to award him any remedy.’ Visitation Credits § 4-210 of the guidelines provides in part: Visitation or parenting time adjustments or direct cost sharing should be specified in the support order. An adjustment in child support may be made at the discretion of the court when visitation or parenting time substantially exceeds alternating weekends and holidays and 28 days or more in any 90-day period. During visitation or parenting time periods of 28 days or more in - 192 -
any 90-day period, support payments may be reduced by up to 80 percent. The amount of any reduction for extended parenting time shall be specified in the court’s order and shall be presumed to apply to the months designated in the order. An online Visitation Credit form is available at: www.sarpy.com/childsupport/documents/AffidavitforSummerVisitationCredit07.pdf Miscellaneous Part I: Cases addressing Miscellaneous Civil, Technical & “Housekeeping” Related rules and issues Andersen v. American Family Mut. Ins. Co., 249 Neb. 169, 542 N.W.2d 703 (1996), Unless otherwise provided by order of the district court, a term of court begins on January 1 of a given year and ends on December 31 of that same year. Berg v. Hayworth, 238 Neb 527, 471 N.W.2d 435 (1991) <strong>Child</strong> support payments are a vested right of the payee in a dissolution action as they accrue, and such payments may be changed only by modification of the decree. Conrad v. Conrad, 208 Neb. 588, 304 N.W.2d 674 (1981) Eliker v. Eliker, 206 Neb. 764, 295 N.W.2d 268 (1980) Neither of the parties is authorized to interfere with the court’s orders and only the court can determine what, if any, adjustments should be made. Continental Oil Co. v. Harris, 214 Neb. 422, 333 N.W.2d 921 (1983). [T]he office of an order nunc pro tunc is to correct a record which has been made so that it will truly record the action had, which through inadvertence or mistake was not truly recorded. It is not the function of an order nunc pro tunc to change or revise a judgment or order, or to set aside a judgment actually rendered, or to render an order different from the one actually rendered, even though such order was not the order intended. See also State v. Sims, 277 Neb. 192, 761 N.W.2d 527 (2009) [T]he general rule that a judgment is no longer open to amendment, revision, modification, or correction after the term at which it was rendered does not apply where the purpose is to correct or amend clerical or formal errors so as to make the record entry speak the truth and show the judgment which was actually rendered by the court. Given the discrepancy between the orally pronounced sentence … and the written entry relating thereto, we conclude that the orally pronounced sentence is controlling Neb. Rev. Stat. §25-2001(3) (Reissue 2008) states that “[c]lerical mistakes in judgments, orders, or other parts of the record and errors therein arising from oversight or omission may be corrected by the court by an order nunc pro tunc at any time on the court’s initiative or on the motion of any party . . . .” - 193 -
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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
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Association, the Counsel for Discip
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might be required for the filing or
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withholding notices in this case ar
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Medicaid Reimbursement/ Medical Sup
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expected to last for the applicable
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All Nebraska IV-D court orders or f
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subsequent award as the basis for d
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or a previous modification and was
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date of the last order establishing
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child’s diagnosis with disease wh
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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 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: confirming the order. [UIFSA] Secti
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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