Child Support Enforcement - Sarpy County Nebraska

$60,000+ in retro support for 17 years, citing mother’s promise not to come after him for support
in return for him staying away from his child. Held: Dad must pay the retro support.
A private agreement between parents that would deprive a child of support from one
parent contravenes the public policy of this state.
[B]ecause the right to support belonged to [the child], any agreement made or
actions taken by [the mother] would not be the basis for equitable estoppel in this
paternity and child support action brought by the State on the child’s behalf.
Welch v. Welch, Jr., 246 Neb. 435, 519 N.W.2d 262 (1994)
The power of a court to suspend child support should be exercised only as a last
resort or where it is apparent that to do so affords the only remedy that can
reasonably be expected to fit the mischief.
A court may suspend child support payments when the custodial parent deprives
the noncustodial parent of visitation and there is no showing that the children are
in need.
Wood v. Wood, 266 Neb. 580, 667 N.W.2d 235 (2003)
Although this section does not permit a district court in a dissolution action to order
child support beyond the age of majority, the district court has the authority to
enforce the terms of an approved settlement which may include an agreement to
support a child beyond the age of majority.
Choice of Law – UIFSA
A good discussion on the issue of Choice of Law under UIFSA is had in the case of
Groseth v. Groseth, 257 Neb. 525, 600 N.W.2d 159 (1999)
Once Nebraska assumes continuing, exclusive jurisdiction and becomes the issuing
state under § 42-746, the substantive law of Nebraska governs the nature, extent,
amount and duration of current payments and other obligations of support.
But see: Wills v. Wills, 16 Neb.App. 559 (2008)
The age of emancipation is never modifiable
Under Neb.Rev.Stat. § 42-746(d) (Reissue 2004), the law of the state which issued
the initial controlling order governs the duration of the obligation of support.
Section 42-746 states, in pertinent part:
(c) Except as otherwise provided in section 42-747.03 , a tribunal of this state
shall not modify any aspect of a child support order that cannot be modified under
the law of the issuing state, including the duration of the obligation of support....
(d) In a proceeding to modify a child support order, the law of the state that is
determined to have issued the initial controlling order governs the duration of the
obligation of support. The obligor’s fulfillment of the duty of support established by
that order precludes imposition of a further obligation of support by a tribunal of
this state.
Civil Procedure, Civil Process & Related
(See also Appellate Practice, Jurisdiction and Miscellaneous. Visit the Supreme Court website’s
Rules link for updates on court rules for all courts)
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