Child Support Enforcement - Sarpy County Nebraska

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The Nebraska Supreme Court has held that a material change in circumstances is a concept which eludes precise, concrete definition. See Dobbins v. Dobbins, 226 Neb. 465, 411 N.W.2d 644 (1987). Cooper v. Cooper, 8 Neb. App. 532, 598 N.W.2d 474 (1999) the trial court did not abuse its discretion when considering the earning capacity of a mother, who chose to work only part time in order to spend more time with her children, rather than her actual income when no specific evidence showed an inability to spend adequate time with the children while she was working 40 hours per week. Dworak v. Fugit, 1 Neb. App. 332, 495 N.W.2d 47 (1992) Holding: Earning capacity, and not mere income, is what a court should focus on The amount of child support awarded is a function of the status, character, and situation of the parties…. The primary consideration in determining the level of child support payments is the best interests of the child. Henke v. Guerrero, 13 Neb. App. 337, 692 N.W.2d 762 (2005) Child support may be based on a parent’s earning capacity when a parent voluntarily leaves employment and a reduction in that parent’s support obligation would seriously impair the needs of the children. Earning capacity may be used as a basis for an initial determination of child support under the Nebraska Child Support Guidelines where evidence is presented that the parent is capable of realizing such capacity through reasonable effort. Lainson v. Lainson, 219 Neb. 170, 362 N.W.2d 53 (1985) Earning capacity, as used in [§ 42-364 (4)], means the overall capability of a parent to make child support payments based on the overall situation of the parent making such payments, including investment income, and is not limited to the ability to earn a wage. Mehne v. Hess, 4 Neb. App. 935, 553 N.W.2d 482 (1996) The entire net amount received from personal injury settlement award constituted income for child support purposes. Rauch v. Rauch, 256 Neb. 257, 590 N.W.2d 170 (1999) The guidelines provide that if applicable, earning capacity may be considered in lieu of a parent’s actual, present income. Nebraska Child Support Guidelines, paragraph D. This is especially true when it appears that the parent is capable of earning more income than is presently being earned. See also Gangwish v. Gangwish, 267 Neb. 901, 678 N.W.2d 503 (2004). The court did not abuse its discretion when it deviated from the guidelines by not considering farming losses when calculating the noncustodial parent’s monthly income. Robbins v. Robbins, 3 Neb. App. 953, 536 N.W.2d 77 (1995) - 64 -
Basing the child support on the speculation of a future job and income is contrary to the dictates of the guidelines. Shiers v. Shiers, 240 Neb. 856, 485 N.W.2d 574 (1992) There is statutory and judicial authority for considering a parent's net earning capacity rather than his or her actual net income in determining child support. See, Neb.Rev.Stat. § 42-364(6), Ristow v. Ristow, 152 Neb. 615, 41 N.W.2d 924 (1950). the Nebraska Supreme Court has held that a court may and should deviate from the child support guidelines when a parent's earning capacity exceeds her or his actual earnings and the application of the guidelines would result in an unfair and inequitable support order. State v. Porter, 259 Neb. 366, 610 N.W.2d 23 (2000) Pursuant to [§42-364 (4)], when earning capacity is used as a basis for an initial determination of child support under the Nebraska Child Support Guidelines, there must be some evidence that the parent is capable of realizing such capacity through reasonable effort. Emancipation & Related 42-371.01. Duty to pay child support; termination, when; procedure; State Court Administrator; duties. (1) An obligor's duty to pay child support for a child terminates when (a) the child reaches nineteen years of age, (b) the child marries, (c) the child dies, or (d) the child is emancipated by a court of competent jurisdiction, unless the court order for child support specifically extends child support after such circumstances. (2) The termination of child support does not relieve the obligor from the duty to pay any unpaid child support obligations owed or in arrears. (3) The obligor may provide written application for termination of a child support order when the child being supported reaches nineteen years of age, marries, dies, or is otherwise emancipated. The application shall be filed with the clerk of the district court where child support was ordered. A certified copy of the birth certificate, marriage license, death certificate, or court order of emancipation or an abstract of marriage as defined in section 71-601.01 shall accompany the application for termination of the child support. The clerk of the district court shall send notice of the filing of the child support termination application to the last-known address of the obligee. The notice shall inform the obligee that if he or she does not file a written objection within thirty days after the date the notice was mailed, child support may be terminated without further notice. The court shall terminate child support if no written objection has been filed within thirty days after the date the clerk's notice to the obligee was mailed, the forms and procedures have been complied with, and the court believes that a hearing on the matter is not required. … Source: Laws 1997, LB 58, § 1; Laws 2000, LB 972, § 16; Laws 2006, LB 1115, § 30. - 65 -
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The Unicameral remains in session u
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Table of Contents:* * (accessible v
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Table of Contents (continued): Modi
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A Note for Legal Practitioners: Mem
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Secondly, I have taken the approach
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sections, the county attorney or au
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The only court order entered addres
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(3) The proceedings to obtain a rev
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Temporary orders in the district co
Page 19 and 20: [O]nly civil contempt orders issued
Page 21 and 22: By letter from Nebraska’s HHSS’
Page 23 and 24: which income withholding has been i
Page 25 and 26: Deterding v. Deterding, 18 Neb. App
Page 27 and 28: [P]ublic policy forbids enforcement
Page 29 and 30: § 25-217 Action; commencement; def
Page 31 and 32: that the new order only became effe
Page 33 and 34: Koch v. Koch, 226 Neb. 305, 312, 41
Page 35 and 36: We conclude that the state was not
Page 37 and 38: A party seeking to modify a dissolu
Page 39 and 40: Inequity may result if the court ad
Page 41 and 42: protect himself when brought before
Page 43 and 44: (3) … A rebuttable presumption of
Page 45 and 46: Lenz v. Lenz, 222 Neb. 85, 382 N.W.
Page 47 and 48: Finally, we conclude that for futur
Page 49 and 50: (7) Criminal nonsupport is a Class
Page 51 and 52: A mother’s testimony that one is
Page 53 and 54: If trial evidence establishes a joi
Page 55 and 56: constitutional dimensions of the re
Page 57 and 58: Wilson v. Wilson, 224 Neb. 589, 399
Page 59 and 60: An individual may file a complaint
Page 61 and 62: which men felt defrauded by the chi
Page 63 and 64: of ability to pay, fair opportunity
Page 65 and 66: not deprive a parent of such custod
Page 67 and 68: Both parents have a duty to support
Page 69: amount over what you owe in taxes i
Page 73 and 74: emancipated by a court of competent
Page 75 and 76: Eliker v. Eliker, 206 Neb. 764, 295
Page 77 and 78: Henderson v. Henderson, 264 Neb. 91
Page 79 and 80: Redick v. Redick, 220 Neb. 86, 368
Page 81 and 82: Neither of the parties is authorize
Page 83 and 84: Guardianship of Minors § 30-2605 S
Page 85 and 86: in re Guardianship of Elizabeth H.,
Page 87 and 88: unless the court finds that one or
Page 89 and 90: court should take into consideratio
Page 91 and 92: In re Interest of Tamika S. et al.,
Page 93 and 94: Peter v. Peter, 262 Neb. 1017, 637
Page 95 and 96: Interpretation of the Nebraska Chil
Page 97 and 98: prepared QMCSO that requires a plan
Page 99 and 100: or she had sufficient resources to
Page 101 and 102: All veterans benefits, of whatever
Page 103 and 104: It is appropriate to consider overt
Page 105 and 106: Any order to withhold and transmit
Page 107 and 108: §43-1709. Employer or other payor,
Page 109 and 110: (6) That the employer or other payo
Page 111 and 112: income withholding for current supp
Page 113 and 114: identify delinquencies pursuant to
Page 115 and 116: support. Dad appealed, claiming CSE
Page 117 and 118: (3) Any juvenile…whose parent, gu
Page 119 and 120: Harvey v. Harvey, 6 Neb. App. 524,
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issued a transfer order, a certifie
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All proceedings under sections 42-3
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Association, the Counsel for Discip
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might be required for the filing or
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withholding notices in this case ar
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Medicaid Reimbursement/ Medical Sup
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expected to last for the applicable
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All Nebraska IV-D court orders or f
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subsequent award as the basis for d
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or a previous modification and was
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date of the last order establishing
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child’s diagnosis with disease wh
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Rather than seeking another job, ev
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Theisen v. Theisen, 14 Neb. App. 44
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Paternity & Related (see also Dises
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equity, and jurisdiction to hear an
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(1) An action for paternity or pare
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(b) the mother and the mother’s h
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properly raised in the case and the
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Whether a party has the right to in
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Note: In civil proceedings where pa
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(a) First, to the payments due for
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Nebraska has signed reciprocity agr
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support may be judicially halted wh
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Retro Support Bowers v. Lens, 264 N
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support order. He pays for his mino
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court should take into consideratio
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United Parcel Service (UPS): UPS Ne
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(d) STAY OF PROCEEDINGS- In an acti
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Disabled children under age 18 can
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Finney v. Finney, 273 Neb. 436, 730
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maintenance support for a spouse or
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Statute of Limitations Criminal Pro
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Components of a series or collectio
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elow a few appellate cases that add
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§ 42-716. Application of law of th
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(b) Modification of a registered ch
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the registration has the burden of
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confirming the order. [UIFSA] Secti
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any 90-day period, support payments
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Hicklin v. Hicklin, 244 Neb. 895, 5
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Gordon v. Gordon, 231 Neb. 857, 438
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Amended and expanded rules for use
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(1) Delinquent child or spousal sup
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(F) The name, birth date, gender, a
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www.supremecourt.ne.gov/rules/pdf/C
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FPLS External Locate Requests for I
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NCP NCSEA NCSEA OCSE Non custodial
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Child Support Enforcement - Sarpy County Nebraska

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