Child Support Enforcement - Sarpy County Nebraska

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§43-504. “(1) The term dependent child shall mean a child under the age of nineteen years majority or a child who is under the age of nineteen years who is living with a relative or with a caretaker who is the child’s legal guardian or conservator . . ..” §43-289. The marriage of any juvenile committed to a state institution under the age of nineteen years shall not make such juvenile of the age of majority. Source: Laws 1981, LB 346, § 45; Laws 1985, LB 447, § 26; Laws 1986, LB 1177, § 18; Laws 1989, LB 182, § 15; Laws 1996, LB 1044, § 141. §43-2101. Persons declared minors; marriage, effect. All persons under nineteen years of age are declared to be minors, but in case any person marries under the age of nineteen years, his or her minority ends. Source: Laws 1988, LB 790, § 6. Groseth v. Groseth, 257 Neb. 525, 600 N.W.2d 159 (1999) The age of majority is a “nonmodifiable” provision of a support order when a responding state is modifying a support order issued in another state. See, also, Unif. Interstate Family Support Act, § 611 In re Petition of Anonymous 3, a minor, 279 Neb. 912, 782 N.W.2d 591 (2010) Emancipation means the freeing of the child from the care, custody, control, and service of his or her parents. The emancipation of a minor may be proved by circumstantial evidence or may be implied from the conduct of the parties. Either acts solely initiated and performed by a minor child or acts of a parent inconsistent with the performance of parental obligations may effectuate a minor’s emancipation. Millatmal v. Millatmal, 272 Neb. 452, 723 N.W.2d 79 (2006) In divorce action between two natives of Pakistan, husband was ordered to pay child support for child who lived with mother, but who was legally married under Pakistani law, in an arranged marriage. Child’s husband continued to live in Pakistan. No steps had been taken to end that marriage. §42-117 (Reissue 2004) – All marriages contracted without this state, which would be valid by the laws of the country in which the same were contracted, shall be valid in all courts and places in this state. Query: Where does this leave us should a same sex couple legally married in Canada, Europe, D.C and various other United States, seek a separation agreement or divorce here, and child support is an issue? How about a CP who is divorced from a same sex marriage who has a child support order stemming from that divorce? Stay tuned… Given that Naheed’s Pakistani marriage is considered valid in Nebraska, we conclude that Naheed is emancipated. As a result of her emancipation, the district court abused its discretion in ordering Taj to pay child support to Parveen. See, also, Randall v. Randall, 216 Neb. 541, 545, 345 N.W.2d 319, 321 (1984) (“validity of a marriage is generally determined by the law of the place where it was contracted”). Moore v. Bauer, 11 Neb. App. 572, 657 N.W.2d 25 (2003) In Nebraska, an obligor’s duty to pay child support for a child terminates when the child reaches 19 years of age, the child marries, the child dies, or the child is - 66 -
emancipated by a court of competent jurisdiction, unless the court order for child support specifically extends child support after such circumstances. Neb. Rev. Stat. §42-371.01 (Cum. Supp. 2002). Palagi v. Palagi, 10 Neb. App. 231, 627 N.W.2d 765 (2001) Facts : Nebraska divorce involving a noted Omaha attorney. Parties continued to reside in Nebraska, but 18 yr old child went away to college in Kansas, which has an 18 year age of emancipation. Obligor parent wanted to stop paying child support. Held: Support continues. Emancipation means the freeing of the child for a portion of its minority from the care, custody, control, and service of its parents. Emancipation occurs where the parent renounces all the legal duties and voluntarily surrenders all the legal rights of his or her position to the child or to others. A child who moves out of a custodial parent’s home for a short time is not emancipated if that child continues to be supported by a parent. In order to acquire a domicile by choice, there must be a concurrence of (1) residence (physical presence) in the new locality and (2) an intention to remain there This state also has a significant interest in having its law applied to its divorce decree, which still governs the matter of child support obligations between two of this state’s citizens. a number of courts have declined to apply either a newly enacted age of majority or another state’s age of majority to a preexisting support decree. These cases reason that at the time the support agreement was issued, the parties intended the age of majority in support orders to mean the age of majority existing when the support order originated. The habitation or residence of a minor child is, by operation of law, determined and fixed by that of the parent legally entitled to the custody and control of the child unless the parent has voluntarily surrendered such right. The only way Eva could acquire a Kansas domicile is by becoming emancipated. The emancipation of a child by a parent may be proved by circumstantial evidence or may be implied from the conduct of the parties Wills v. Wills, 16 Neb. App. 559, 745 N.W.2d 924 (2008) Facts: 1992 New Mexico divorce. Dad to pay child support until children emancipate under NM law (age 18). Later both parents and the children move to NE, and Mom has NE court modify, and resets emancipation age to 19. Held: No can do! The court takes an extensive look into the various UIFSA amendments, and the official commentary accompanying those amendments, in reaching its decision. Section 42-746 states, in pertinent part: I 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. - 67 -
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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
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[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 and 70: amount over what you owe in taxes i
Page 71: Basing the child support on the spe
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,
Page 121 and 122: 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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