Child Support Enforcement - Sarpy County Nebraska

A decree awarding alimony and child support in an action for divorce does not
become dormant by lapse of time and the defense of the statute of limitations is not
available to defeat recovery of delinquent payments.
Foster v. Foster, 266 Neb. 32, 662 NW2d 191 (2003)
It is clear that the marriage dissolution statutes do not empower district courts to
order a parent to contribute to the support of children beyond their majority.
Groseth v. Groseth, 257 Neb. 525, 600 N.W.2d 159 (1999)
Courts have jurisdiction to enforce court-approved settlement agreements wherein a
parent voluntarily promises to support a child beyond the age of majority.
Henderson v. Henderson, 264 Neb. 916, 653 N.W.2d 226 (2002)
Parents have a duty to support their minor children until they reach majority or are
emancipated, and a parent is not relieved of this duty by virtue of divorce. [see Neb.
Rev. Stat. § 42-371.01]
In effect, the mother asks us to read the word “minor” out of the statute and to add
words such as to include adult children who are handicapped to the extent they
cannot support themselves. More than that, she wishes us to write into the statute a
requirement that divorced parents maintain their handicapped offspring in an
institution of higher learning to an indefinite age. This we cannot do.
Henke v. Guerrero, 13 Neb. App. 337, 692 N.W.2d 762 (2005)
The requirement of support begins at the time of the birth of a child, whether the
child is born in lawful wedlock or otherwise.
Kracman v. Kracman, 232 Neb. 152, 440 N.W.2d 194 (1989)
In this case, custodial parent sought to waive all past due child support as part of a joint
application to modify support. The court refused to go along with the stipulation.
Questions of custody and support are not controllable by agreement of the parties.
Eliker v. Eliker, 206 Neb. 764, 295 N.W.2d 268 (1980)
Courts are without authority to reduce the amount of accrued child support (absent
equitable estoppel).
Meyers v. Meyers, 222 Neb. 370, 383 N.W.2d 784 (1986).
§ 42-364 is clear and unambiguous in conferring authority to compel divorced
parents to support minor children, but also clear and.unambiguous in conferring no
authority for the support of adult.children.
The dissolution statutes do not empower courts to order a parent to contribute to the
support of an adult handicapped child.
But distinguish:
Parents can agree to enter into a property settlementfagreement.that, among other
things, calls for one parent to support aachild of the.marriage beyond that child’s emancipation.
Such.agreements may be.binding and enforceable by the district court (but. Not the child
support.authorities).
Morrill County v. Darsaklis, 7 Neb. App. 489, 584 N.W.2d 36 (1998)
A parent is required to provide his or her child with the basic necessities of life.
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