Child Support Enforcement - Sarpy County Nebraska

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Child Support Enforcement Noteworthy statutes, cases & info (Compiled by William P. MacKenzie, Deputy Sarpy County Attorney) The support of one's children is a fundamental obligation that takes precedence over almost everything else. -- Rauch v. Rauch; 256 Neb. 257 (1999) The following compendium of case law, statutes, court rules and other resources relating to paternity establishment and child support enforcement is not exhaustive, but it does contain the most important appellate cases on the general subject of “child support,” as well as a limited listing of other legal resources. Except as noted, cases listed are from the Nebraska Supreme Court as well as those cases from the Nebraska Court of Appeals that are designated as for “permanent publication.” If you discover an error in citation or a case that has been overruled or modified by a subsequent opinion, please call 402.593.4464 or email billm@sarpy.com to report your findings. ~ ~ ~ Dedicated to my Mother, Mary Clare MacKenzie (1927-2012) © Revised February 2013. Many photos are from the Unicameral or Nebraska Judicial Branch websites or from the author’s own collection. Individuals pictured do not necessarily have any connection to child support. Available online at http://www.sarpy.com/childsupport/ (Then scroll to the bottom of the “Information” page, to “Appellate Caselist”) ii
Table of Contents:* * (accessible via the “bookmarks” tab on the left margin of your Adobe PDF reader) Nebraska Child Support Guidelines Online ………………………..…………………………….. 1 Poverty Guidelines…………………………………………………………………………………….. 1 Overview/ Duties of IV-D Attorney…………..…………………………………………………..….. 3 Adoption…………………………………………………………………………………………………. 5 Afterborn Children ...………………………………………………………………………………….. 8 Appellate Practice/Standard of Review…...………………………………………………….……. 8 Bankruptcy…………………………………………………………………………………… 14, 83, 84 Cash Medical Support…….……….………...……………………………….………..82, 88, 90, 120 Child Care/ Child Support...…………………………………………………………………………..16 Child Support Guidelines ...…………………………………………………….80, 94, 125, 130, 139 Choice of Law – UIFSA..……………………………………………….………………………….…..22 Civil Procedure, Civil Process & Related ………….……………………………………………...22 Clean Hands Doctrine…………………………………………………………………………139, 190 Collateral Estoppel/Res Judicata.…………………………………………………………….31, 150 Common Law Marriages……………………………………………………………………………...31 Conditional Judgments………………………………………………………………..…………….. 32 Constitutional Issues/ Statutory Interpretation…………………………………………………..33 Contempt ………………………………………………………………………………………………. 36 Corporations.………………………………………………………………………………………42, 84 Corroboration…………………………………………………………………………………………153 Criminal Non-Support & Related ………………………………………………………………...…42 Currency Conversion………….…………………………………………………………………… 158 A bit about Custody & Visitation…………………………………………………………………... 45 Death of Obligated Parent……………………………………………………………………………17 Declaratory Judgment/Paternity………………………………………………………………….149 Default Judgments/Paternity….……………………………………………………………… 50, 146 Discovery ………….……………………………………………………………………………………..52 Disestablishment and related………………………………………………………………………. 52 Dissolution and Related………………….…………………………..……………………………… 54 (continued) iii
Page 1: The Unicameral remains in session u
Page 5 and 6: Table of Contents (continued): Modi
Page 7 and 8: A Note for Legal Practitioners: Mem
Page 9 and 10: Secondly, I have taken the approach
Page 11 and 12: sections, the county attorney or au
Page 13 and 14: The only court order entered addres
Page 15 and 16: (3) The proceedings to obtain a rev
Page 17 and 18: Temporary orders in the district co
Page 19 and 20: [O]nly civil contempt orders issued
Page 21 and 22: By letter from Nebraska’s HHSS’
Page 23 and 24: 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
Page 29 and 30: § 25-217 Action; commencement; def
Page 31 and 32: 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.
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:
If trial evidence establishes a joi
Page 55 and 56:
constitutional dimensions of the re
Page 57 and 58:
Wilson v. Wilson, 224 Neb. 589, 399
Page 59 and 60:
An individual may file a complaint
Page 61 and 62:
which men felt defrauded by the chi
Page 63 and 64:
of ability to pay, fair opportunity
Page 65 and 66:
not deprive a parent of such custod
Page 67 and 68:
Both parents have a duty to support
Page 69 and 70:
amount over what you owe in taxes i
Page 71 and 72:
Basing the child support on the spe
Page 73 and 74:
emancipated by a court of competent
Page 75 and 76:
Eliker v. Eliker, 206 Neb. 764, 295
Page 77 and 78:
Henderson v. Henderson, 264 Neb. 91
Page 79 and 80:
Redick v. Redick, 220 Neb. 86, 368
Page 81 and 82:
Neither of the parties is authorize
Page 83 and 84:
Guardianship of Minors § 30-2605 S
Page 85 and 86:
in re Guardianship of Elizabeth H.,
Page 87 and 88:
unless the court finds that one or
Page 89 and 90:
court should take into consideratio
Page 91 and 92:
In re Interest of Tamika S. et al.,
Page 93 and 94:
Peter v. Peter, 262 Neb. 1017, 637
Page 95 and 96:
Interpretation of the Nebraska Chil
Page 97 and 98:
prepared QMCSO that requires a plan
Page 99 and 100:
or she had sufficient resources to
Page 101 and 102:
All veterans benefits, of whatever
Page 103 and 104:
It is appropriate to consider overt
Page 105 and 106:
Any order to withhold and transmit
Page 107 and 108:
§43-1709. Employer or other payor,
Page 109 and 110:
(6) That the employer or other payo
Page 111 and 112:
income withholding for current supp
Page 113 and 114:
identify delinquencies pursuant to
Page 115 and 116:
support. Dad appealed, claiming CSE
Page 117 and 118:
(3) Any juvenile…whose parent, gu
Page 119 and 120:
Harvey v. Harvey, 6 Neb. App. 524,
Page 121 and 122:
issued a transfer order, a certifie
Page 123 and 124:
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 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 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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