Child Support Enforcement - Sarpy County Nebraska

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them to fall below the federal poverty guidelines, then the court cannot make them pay a portion of uncovered medical expenses. Rutherford v. Rutherford, 277 Neb. 301, 761 N.W.2d 922 (2009) The guidelines provided that a parent who requests an adjustment in child support for health insurance premiums “must submit proof of the cost of the premium.” State on Behalf of Martinez v. Martinez-Ibarra, 281 Neb. 547, 797 N.W.2d 222 (May 2011) [Please note: This case predates the present child support guidelines, which modified the way cash medical support is treated.] The child support guidelines do not allow for a deduction on Worksheet #1 for cash medical support. The requirement that the custodial parent pay the first $480 of nonreimbursed medical expenses per year does not serve to reduce the amount of cash medical support ordered. Ward v. Ward, 7 Neb. App. 821, 585 N.W.2d 551 (1998) Pursuant to subsection (2) of this section, in a divorce case, a judge may not order both parties to provide health insurance for the child or children, but must direct which party shall provide such insurance. Incarceration Up until 2008 the law in <strong>Nebraska</strong> absolutely prohibited an incarcerated prisoner from returning to court to seek a reduction in his or her ongoing monthly child support obligation due solely to the fact that the obligated parent was incarcerated and unable to work as they did prior to their incarceration. The case law below reflects this long legacy of refusing to award people for their own bad behavior. However, recently the legislature has amended <strong>Nebraska</strong> law to allow for parents who are incarcerated for long periods of time to successfully seek downward modification in their child support orders. This represents a true sea change in the way this issue will be addressed by our courts. It is crucial to note that IV-D attorneys shall not in any way assist in these attempts to reduce child support. The changes are set forth in § 43-512.15: § 43-512.15 Title IV-D child support order; modification; when; procedures. (1) The county attorney or authorized attorney, upon referral from the Department of Health and Human Services, shall file a complaint to modify a child support order unless the attorney determines in the exercise of independent professional judgment that: (a) The variation from the Supreme Court child support guidelines pursuant to section 42-364.16 is based on material misrepresentation of fact concerning any financial information submitted to the attorney; (b) The variation from the guidelines is due to a voluntary reduction in net monthly income. For purposes of this section, a person who has been incarcerated for a period of one year or more in a county or city jail or a federal or state correctional facility shall be considered to have an involuntary reduction of income unless (i) the incarceration is a result of a conviction for criminal nonsupport pursuant to section 28-706 or a conviction for a violation of any federal law or law of another state substantially similar to section 28-706 or (ii) the incarcerated individual has a documented record of willfully failing or neglecting to provide proper support which he or she knew or reasonably should have known he or she was legally obligated to provide when he - 92 -
or she had sufficient resources to provide such support, or (iii) the incarceration is a result of a conviction for a crime in which the child who is the subject of the child support order was victimized;…. . . (2) The department, a county attorney, or an authorized attorney shall not in any case be responsible for reviewing or filing an application to modify child support for individuals incarcerated as described in subdivision (1)(b) of this section. Practice Note: §42-358 (3) indicates that where the child support payment history shows that the obligated parent is in arrears, a prima facie case of contempt is made. Arguendo that should be all that is needed to shift the burden to the incarcerated parent to disprove that he or she was acting willfully or neglectfully with regard to their child support obligation at the time they walked (shackled) into prison. (Hat tip to Tyler Jacobsen in the Lancaster Co. Attorney’s office) Newer Case Law re. Incarceration and Modification Hopkins v. Stauffer, 18 Neb. App. 116, 775 N.W.2d 457 (2009) Facts: Proving he is a failure at everything, Father tries unsuccessfully to murder his wife, is arrested, tried, convicted and sentenced to 20-40 years incarceration. Obviously he wants his child support reduced. Under the new legislation he succeeds! A split opinion of the Court of Appeals. They immediately all went home and took showers. We conclude that the Legislature intended for an incarcerated inmate to be able to file his or her own complaint to modify child support and for the incarceration to be considered an involuntary reduction of income when the conditions of § 43-512.15 (1)(b) are met. We cannot ignore the evident intent of the legislative act merely because the Legislature could have chosen a better section in which to codify its amendment. Having settled the meaning of the statute, an appellate court must give effect to the purpose and intent of the Legislature. A change in law, rather than the actions of the parties, may itself constitute a material change in circumstances such to justify a modification of child support. Even though the inmate’s circumstances have not changed from his last action to modify his support obligation, the change of law constitutes a material change of circumstances. Rouse v. Rouse, 18 Neb. App. 128, 775 N.W.2d 445 (2009) Facts: Decided the same day as Hopkins v. Stauffer. The prisoner was sentenced to 38 years incarceration. He was behind in his support payments by over $3,000 at the time of his incarceration. The District court denied him a downward modification due, in part, to the fact he owed past due child support at the time he was first incarcerated. Held: Reversed and remanded. Presentence incarceration must be considered by the trial court when evaluating any allegation of a lack of “clean hands” by the prisoner. [T]he change of law making incarceration an involuntary reduction in income under certain conditions rather than a voluntary reduction constituted a material change of circumstances. A person continuously jailed while awaiting trial faces the same reduction in income as a person continuously incarcerated after sentencing, and the statute specifically references incarceration in jails in addition to incarceration in federal or state correctional facilities. - 93 -
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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
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By letter from Nebraska’s HHSS’
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which income withholding has been i
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Deterding v. Deterding, 18 Neb. App
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[P]ublic policy forbids enforcement
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§ 25-217 Action; commencement; def
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that the new order only became effe
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Koch v. Koch, 226 Neb. 305, 312, 41
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We conclude that the state was not
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A party seeking to modify a dissolu
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Inequity may result if the court ad
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protect himself when brought before
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(3) … A rebuttable presumption of
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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 and 72: Basing the child support on the spe
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: prepared QMCSO that requires a plan
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
Page 123 and 124: All proceedings under sections 42-3
Page 125 and 126: Association, the Counsel for Discip
Page 127 and 128: might be required for the filing or
Page 129 and 130: withholding notices in this case ar
Page 131 and 132: Medicaid Reimbursement/ Medical Sup
Page 133 and 134: expected to last for the applicable
Page 135 and 136: All Nebraska IV-D court orders or f
Page 137 and 138: subsequent award as the basis for d
Page 139 and 140: or a previous modification and was
Page 141 and 142: date of the last order establishing
Page 143 and 144: child’s diagnosis with disease wh
Page 145 and 146: Rather than seeking another job, ev
Page 147 and 148: 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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