Child Support Enforcement - Sarpy County Nebraska

The United States Supreme Court has held that common law marriages are valid,
notwithstanding statutes that require ceremonial marriages to be solemnized by a minister or a
magistrate, if no specific provision to the contrary exists. Meister v. Moore, 96 U.S. 76, 24 L.Ed.
826 (1877).
Courts in various jurisdictions have uniformly declared that the common law age of
consent applies to common law marriages, even when statutes otherwise require parental or
judicial approval for persons under a specified age, unless those statutes expressly modify or
abrogate the common law. The common law marriage of a person is valid, regardless of
whether the person has reached the age of competency as established by statute, if the person
is competent under the common law. Under English common law, children below the age of
seven were incapable of marrying. After that age they could marry, but the marriage was
voidable until they became able to consummate it, which the law presumed to be at age
fourteen for males and twelve for females. 1 Homer H. Clark, Jr., The Law of Domestic
Relations in the United States § 2.1 (2d ed. 1987)
In the case of People v. Lucero, 747 P.2d 660 (Colo. 1987), the Colorado Supreme
Court set out the requirements for a valid common law marriage in Colorado. These
requirements are as follows:
- mutual consent or agreement of the parties to be husband and wife; followed by
- mutual assumption of the marital relationship
Spitz v. T.O. Haas Tire Co., 283 Neb. 811, ____ N.W.2d ____ (May 2012)
In Nebraska, a couple cannot create a common-law marriage by agreement or
cohabitation and reputation.
Conditional Judgments
Jensen v. Jensen, 275 Neb. 921, 750 N.W.2d 335 (2008)
Facts: Paternity order was modified after the parents of the minor child separated, to include a
judicially approved agreement whereby father paid mother $14,000 in cash, with the
understanding that mother would not ask father for child support for the parties’ minor child, but
that if she changed her mind, the father would be entitled to an equitable credit for the $14,000.
Numerous modification actions later, dad was ordered to pay support, with no credit for the
$14,000 prior payment. Eventually dad filed a declaratory judgment action, seeking the credit.
Mom objected, wanting the agreement voided as being, inter alia, a conditional order and
against public policy. Held: The parties’ original arrangement will be honored by the court.
Orders purporting to be final judgments, but that are dependent upon the occurrence
of uncertain future events, do not necessarily operate as “judgments” and may be
wholly ineffective and void as such.
[W]hile conditional orders will not automatically become final judgments upon the
occurrence of the specified conditions, they can operate in conjunction with a further
consideration of the court as to whether the conditions have been met, at which time
a final judgment may be made.
[T]he void conditional judgment rule does not extend to actions in equity.
Conditional judgments are a fundamental tool with which courts sitting in
equity have traditionally been privileged to properly devise a remedy to meet
the situation. Therefore, where it is necessary and equitable to do so, a court of
equitable jurisdiction may enter a conditional judgment and such judgment will not
be deemed void simply by virtue of its conditional nature.
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