Child Support Enforcement - Sarpy County Nebraska
Child Support Enforcement - Sarpy County Nebraska
Child Support Enforcement - Sarpy County Nebraska
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Neither of the parties is authorized to interfere with the court's orders and only the<br />
court can determine what, if any, adjustments should be made.<br />
The power of a court to suspend child support should be exercised only as "a last<br />
resort or where it is apparent that to do so affords the only remedy that can<br />
reasonably be expected to fit the mischief.” – citing Biesecker v. Biesecker, 190 Neb.<br />
808, 809, 212 N.W.2d 576, 577 (1973).<br />
As a general rule, the custodial parent's right of support and the noncustodial<br />
parent's right of visitation are entitled to separate enforcement. A failure to pay child<br />
support does not justify a parent's unilateral withdrawal of visitation rights, and a<br />
failure to allow visitation does not justify a parent's unilateral nonpayment of support.<br />
a court may suspend child support payments when the custodial parent deprives the<br />
noncustodial parent of visitation and there is no showing that the children are in<br />
need.<br />
Williams v. Williams, 206 Neb. 630, 294 N.W.2d 357 (1980)<br />
While equitable estoppel may be applicable in delinquent child.support cases, the<br />
mere execution of a document consenting to the adoption of a child, standing<br />
alone, is insufficient to justify.imposing the doctrine of equitable estoppel to deny to<br />
custodial.parent the benefits of a previously entered order of support.<br />
Extradition – Costs<br />
State v. Smith, 13 Neb. App. 477, 695 N.W.2d 440 (2005)<br />
We…find no abuse of discretion in the determination of the trial court that costs of<br />
prosecution (which can be taxed to the defendant) include the expenses of<br />
extradition.<br />
Neb. Rev. Stat. §29-752 (Cum. Supp. 2004) expressly contemplates the<br />
expenses of transportation in connection with an extradition, stating:<br />
When the punishment of the crime is the confinement of the criminal in a Department of<br />
Correctional Services adult correctional facility, the expenses shall be paid out of the state<br />
treasury on the certificate of the Governor and warrant of the State Treasurer and Director<br />
of Administrative Services. In all other cases the expenses shall be paid out of the county<br />
treasury in the county wherein the crime is alleged to have been committed. The expenses<br />
shall be the fees paid to the officers of the state on whose Governor the requisition is made<br />
and shall be equal to the mileage rate authorized in section 81-1176 for each mile which is<br />
necessary to travel in returning such prisoner.<br />
Federal Regulations of Interest<br />
Title IV-D of the Social Security Act of 1974<br />
Electronic Code of Federal Regulations, Title 45<br />
Automated Systems for <strong>Child</strong> <strong>Support</strong> <strong>Enforcement</strong>: A Guide for States<br />
Foreign <strong>Support</strong> Orders<br />
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