Child Support Enforcement - Sarpy County Nebraska

Despite a basic difference in the nature of the case, we rely upon the decision in
Groseth v. Groseth, 257 Neb. 525, 600 N .W.2d 159 (1999), for guiding principles.
… First, we properly look to the official comments contained in a model act on which
a Nebraska statute or series of statutes was patterned for some guidance in an effort
to ascertain the intent of the legislation. … Second, dicta in Groseth supports our
interpretation. Third, a court must look to a statute’s purpose and give to the statute
a reasonable construction which best achieves that purpose, rather than a
construction which would defeat it.
A comment to the 2001 UIFSA amendments…(states): The fact that the State of the
new controlling order has a different duration of for [sic] child support is specifically
declared to be irrelevant by UIFSA. … This comment refers to the 2001 amendment
to UIFSA § 611 adding a new section (d), which was, in turn, adopted essentially
verbatim by the Nebraska Legislature as the current § 42-746(d). Section 42-476I
was also amended to expressly refer to the duration of the obligation of support as
an aspect that cannot be modified under the law of the issuing state.
[T]he duration of the support obligation remains fixed despite the subsequent
residence of all parties in a new state with a different duration of child support.
Wulff v. Wulff, 243 Neb. 616, 500 N.W.2d 845 (1993)
Whether there has been an emancipation is a question of fact, but what is emancipation
is a question of law.
Emancipation is not necessarily a continuing status; even if once established, it
may be terminated at any time during the child’s minority.
A minor child giving birth may be one factor to be considered in the determination
of whether a minor has achieved a new status or position inconsistent with parental
control, but should not alone be dispositive.
24A Am. Jur. 2d Divorce and Separation § 1042 (1998)
[a] child who is attending college full-time, living with a parent during vacations
and holidays, and who is employed only in the summer, is not emancipated.
Likewise, a child who lives away from home but whose parents pay a substantial
amount of money for medical and educational expenses and independent-living
arrangements is not emancipated.
Equity, Equitable Estoppel, Equitable Credit/”Overpayments”
(See also Child Support & Related, Social Security)
Berg v. Hayworth, 238 Neb 527, 471 N.W.2d 435 (1991) Permits equitable credits
Bock v. Dalbey, 283 Neb. 984, ____ N.W.2d ____ (June 2012)
when a statute provides an adequate remedy at law, equity will not entertain
jurisdiction, and a party must exhaust the statutory remedy before it may resort to
equity. [citing Teadtke v. Havranek, 279 Neb. 284, 777 N.W.2d 810 (2010)]
Cotton v. Cotton, 222 Neb. 306, 383 NW2d 739 (1986)
A court has an inherent power to determine the status of its judgments. The district
court may, on motion and satisfactory proof that a judgment had been fully paid or
satisfied by the act of the parties thereto, order it discharged and canceled of record.
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