Child Support Enforcement - Sarpy County Nebraska
Child Support Enforcement - Sarpy County Nebraska
Child Support Enforcement - Sarpy County Nebraska
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Gordon v. Gordon, 231 Neb. 857, 438 N.W.2d 762 (1989)<br />
It is axiomatic that under <strong>Nebraska</strong> law the right to receive child support<br />
payments pursuant to a decree of dissolution is a property right of the custodial<br />
parent. Neb. Rev. Stat. §42-364(4)(note: this statute has since been amended, see<br />
§42-364(6) ). The custodial parent becomes a judgment creditor who may collect<br />
or enforce the child support judgment by execution and the means authorized for<br />
collection of money judgments.<br />
Gress v. Gress, 274 Neb. 686, 743 N.W.2d 67 (2007)<br />
Requiring a parent to pay a share of their child’s daycare obligation is also<br />
subject to paragraph R's basic subsistence limitation. It is an abuse of discretion<br />
for a trial court to order a parent to pay a share of their child’s day care expenses<br />
if those costs will drive the parent below the poverty guidelines as set forth in<br />
Paragraph R. of the child support guidelines.<br />
increased financial obligations, like decreased income, also qualify as a change<br />
in one's financial position. As a result, if (the NCP) is ever forced to pay for<br />
daycare and his income is reduced below the poverty line as a result, Patrick<br />
may seek a modification of the court's child support order.<br />
In re Interest of Chance J., 279 Neb. 81, 776 N.W.2d 519 (2009)<br />
Note: This opinion reverses a horrible opinion authored by the <strong>Nebraska</strong> Court of Appeals at 17<br />
Neb. App. 645, 768 N.W.2d 472.<br />
<strong>Child</strong>ren born to the parties in a marriage are presumed legitimate until proved<br />
otherwise or decreed otherwise by the court.<br />
A court may not properly deprive a parent of the custody of his or her minor child<br />
unless the State affirmatively establishes that such parent is unfit to perform the<br />
duties imposed by the relationship, or has forfeited that right. It is always the<br />
State's burden to prove by clear and convincing evidence that the parent is unfit<br />
and that the child's best interests are served by his or her continued removal<br />
from parental custody.<br />
In determining whether parental rights should be terminated based on<br />
abandonment, paternal uncertainty based on physical appearance of a child or<br />
suspicions of infidelity is not just cause or excuse for abandoning a child born into<br />
wedlock, especially when there are ample means to verify one's paternity.<br />
For purposes of § 43-292(1), " abandonment" is a parent's intentionally<br />
withholding from a child, without just cause or excuse, the parent's presence,<br />
care, love, protection, maintenance, and the opportunity for the display of<br />
parental affection for the child.<br />
Jorn v. Pigs Unlimited, Inc., 255 Neb. 876, 587 N.W.2d 558 (1998)<br />
The term “impairment” is a medical assessment, while the term “disability” is a<br />
legal issue.<br />
Moore v. Bauer, 11 Neb. App. 572, 657 N.W.2d 25 (2003)<br />
It is not unusual for a parent or parents to have continuing financial obligations<br />
regarding their children beyond the age of majority. There is no authority,<br />
statutory or otherwise, that requires a court to consider these types of expenses<br />
in determining the child support obligation for the remaining minor child or<br />
children.<br />
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