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Child Support Enforcement - Sarpy County Nebraska

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A private agreement between parents that would deprive a child of support from one<br />

parent contravenes the public policy of this. State.<br />

[B]ecause the right to support belonged to [the child], any. Agreement made or<br />

actions taken by [the mother] would not be the. Basis for equitable estoppel in this<br />

paternity and child support action brought by the State on the child’s behalf.<br />

Even though the State fashioned the action as one brought on behalf of both the<br />

mother and the child, at least with regard to issues of support, this action is one<br />

brought on behalf of the child. To secure her right to support. Therefore, whether or<br />

not the. Mother should be equitably estopped from seeking any sort of relief for<br />

herself, the State was not estopped from seeking support on the child’s behalf in this<br />

action.<br />

State on behalf of L.L.B. v. Hill, 268 Neb. 355, 682 N.W.2d 709 (2004)<br />

To be entitled to equitable relief from a judgment, a party must show that the<br />

situation is not due to his or her fault, neglect, or.carelessness.<br />

Here, Hill does not deny that he received notice of the 1996.petition to establish<br />

paternity and the State’s motion for DNA. Testing. Instead of having the testing<br />

done, he failed to appear, resulting in a default judgment. …Even though he firmly<br />

believed. That he was not the child’s father, he did nothing until the State.<br />

Commenced contempt proceedings in 2002, almost 5 years after. The dismissal of<br />

his motion to vacate in term. It was Hill’s. inexcusable lack of diligence which led<br />

to the accumulation of the arrearages, and as a result, equity will not aid him in<br />

vacating those arrearages.<br />

State on Behalf of J. R. v. Mendoza, 240 Neb. 149, 481 N.W.2d 165 (1992)<br />

(Discussed in more detail elsewhere in this outline) Is a party who signs and files a<br />

sworn acknowledgment of paternity with the department of vital statistics for<br />

purposes of obtaining a new birth certificate conclusively established as the child’s<br />

“legal father?” “[W]e decline to give such an acknowledgment conclusive effect.”<br />

“[C]oncerns regarding the stigma of illegitimacy should not outweigh the primary<br />

purposes of the filiation statutes: identifying the biological fathers of children born out<br />

of wedlock and imposing on them an obligation of support.”<br />

Thompson v. Thompson, 18 Neb.App. 363, 782 N.W.2d 607 (2010)<br />

An obligor parent is entitled to a credit against his or her current child support<br />

obligation for payments made by the Department of Veterans Affairs to the child as a<br />

result of the obligor parent's disability, in the absence of circumstances making the<br />

allowance of such a credit inequitable.<br />

Truman v. Truman, 256 Neb. 628, 591 N.W.2d 81 (1999)<br />

The doctrine of equitable estoppel could operate to excuse the payment of accrued<br />

child support under appropriate factual circumstances<br />

Weaver v. Compton III, 8 Neb. App. 961,605 N.W.2d 478 (2000)<br />

It is not error to credit an obligated parent’s child support balance sheet with cash<br />

payments and non-monetary assets (a car) sent to the custodial parent directly by<br />

the obligated parent’s relatives, which payments were intended for use in the<br />

support of the minor child.<br />

Welch v. Welch, Jr., 246 Neb. 435, 519 N.W.2d 262 (1994)<br />

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