Child Support Enforcement - Sarpy County Nebraska

Dartmann v. Dartmann, 14 Neb. App. 864, 717 N.W.2d 519 (2006)
[T]he 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. 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.” A court may not
forgive or modify past-due child support.
Child support payments become a vested right of the payee in a dissolution
action as they accrue.
Where the final decree is silent with respect to accrued, unpaid temporary child
support, it remains a judgment against the obligated parent. However, the
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.
Eliker v. Eliker, 206 Neb. 764, 295 N.W.2d 268 (1980)
Requests for admissions (made upon the county attorney) were irrelevant, not
only to the proceedings under § 42-358, but to the action brought pursuant to §
42-364.01 as well.
When a court orders the payment of child support, it means to have such order
followed. We cannot be more emphatic in that regard.
Gase v. Gase, 266 Neb. 975, 671 N.W.2d 223 (2003)
The Nebraska Supreme Court will take judicial notice of general rules and
regulations established and published by Nebraska state agencies under
authority of law. Likewise, the court will take judicial notice of rules and
regulations established and published by federal agencies under authority of law.
Golden Five Inc. v. Dept. of Social Services, 229 Neb. 148, 425 N.W.2d 865
(1988)
In Re Applications A-16027 Et Al., 242 Neb. 315, 495 N.W.2d 23 (1993)
[T]he Department (of Health and Human Services) has no power to declare a
statute unconstitutional.
The power to declare an act of the Legislature unconstitutional is a judicial power
reserved solely to the courts under the division of powers between the legislative,
executive, and judicial branches of government set forth in the Nebraska
Constitution.
Harvey v. Harvey, 6 Neb. App. 524, 575 N.W. 2d 167 (1998)
Part and parcel of the notion that a foreign divorce decree, or as in this case an
order of support, may be collaterally attacked in this state is the doctrine of the
divisibility of foreign divorce decrees. “The ‘divisibility doctrine’ holds that
while a state court may have jurisdiction over the marriage to cause its
termination, that same court may lack personal jurisdiction to adjudicate
‘personal matters’ such as support or alimony.” Tiedeman v. Tiedeman, 195
Neb. 15, 17, 236 N.W.2d 807, 809 (1975).
Although a court may have jurisdiction so that the termination of the marital
status is entitled to full faith and credit, this recognition may be withheld from an
accompanying money judgment when personal jurisdiction is lacking.
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