Child Support Enforcement - Sarpy County Nebraska

Wilson v. Wilson, 224 Neb. 589, 399 N.W.2d 802 (1987)
The Mother of all parenting/visitation schedule cases. Considered the “Holy Grail” in Family
Law for over two decades.
Default Judgments/Paternity
§ 25-2001(1) (Reissue 2008)
The inherent power of a district court to vacate or modify its
judgments or orders during term may also be exercised after the end of
the term, upon the same grounds, upon a motion filed within six
months after the entry of the judgment or order.
§43-1412. Paternity; action to establish; procedure; public
hearings prohibited; evidence; default judgment; decree; payment of costs and fees.
(Reissue 2004)
(1) ….
(2) A default judgment shall be entered upon a showing of service and failure of the defendant to
answer or otherwise appear.
Fredericks v. Western Livestock Auction Co., 225 Neb. 211, 403 N.W.2d 377 (1987)
A “ default judgment will not ordinarily be set aside on the application of a party who,
by his own fault, negligence, or want of diligence, has failed to protect his own
interests. . . .’”
Joyce v. Joyce, 229 Neb. 831, 834, 429 N.W.2d 355 (1988)
This court held in Tejral v. Tejral, 220 Neb. 264, 267, 369 N.W.2d 359, 361 (1985)
that "where a party in a dissolution of marriage case is served personally with a
summons and a copy of the petition in the case, and that party chooses not to file
any pleading nor to enter an appearance in the case, and has not otherwise
requested notice of hearing, notice of default hearing need not be given to such
party. We further hold that it is an abuse of the trial court's discretion under § 42-
372 to set aside a dissolution decree, properly entered, on the sole basis that notice
of hearing was not sent to the party in default of filing any pleading or entering an
appearance in the case." The same rule is applicable in a URESA [Revised Uniform
Reciprocal Enforcement of Support Act] case.
The same rule is also applicable in this case. Appellant failed to file an appearance or
a pleading in this case. Local court rules do not supersede the common law of this
state. Notice of the default hearing was not required, and therefore appellant's third
assignment of error is without merit." Starr v. King, at 342.
State on behalf of A.E. vs. Buckhalter, 273 Neb. 443, 730 N.W.2d 340 (2007)
[A] party who is served with summons and a copy of the complaint and fails to
answer or make an appearance in a case is not entitled to further notice of a
hearing.
“A party’s voluntary inaction and inattention should not be permitted to paralyze
the ordinary and orderly functioning of the legal process.” Citing Tejral v. Tejral,
220 Neb. 264, 369 N.W.2d 359 (1985).
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