Child Support Enforcement - Sarpy County Nebraska
Child Support Enforcement - Sarpy County Nebraska
Child Support Enforcement - Sarpy County Nebraska
Create successful ePaper yourself
Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.
Neb. Rev. Stat. § 7-105(2) (Reissue 2007) imposes upon an attorney the duty “to<br />
counsel or maintain no other actions, proceedings or defenses than those which<br />
appear to him [or her] legal and just, except the defense of a person charged with a<br />
public offense.”<br />
<strong>Nebraska</strong> o/b/o Garcia v. Garcia, 238 Neb. 455, 471 N.W.2d 388 (1991)<br />
Neb. Rev. Stat. § 43-512.01…mandates that it is the duty of the county attorney to<br />
take action against a nonsupporting parent of a dependent child and to initiate either<br />
a criminal or a civil child support enforcement action against this parent. Neb. Rev.<br />
Stat. §43-512.03 …makes more explicit the duties of the county attorney in obtaining<br />
and enforcing orders for child support, including establishing paternity and obtaining<br />
support for children born out of wedlock, enforcing child support orders through<br />
income withholding, and petitioning for a support order when no such order exists.<br />
The county attorney’s obligation is to proceed on behalf of dependent children due<br />
child support from a nonsupporting parent. We agree with the <strong>Nebraska</strong> State Bar<br />
Association’s advisory opinion that the county attorney may not represent both the<br />
interests of the child and the interests of a parent when the issue of custody of the<br />
child is raised. The county attorney’s duties are clearly set forth in the statutes<br />
above. These duties do not include involvement in the determination of custody of a<br />
dependent child.<br />
Adoption<br />
See §43-1401 et seq.<br />
(Now retired) Judge Jack Ott holds a newly adopted boy<br />
Request for Notification of Intended Adoption<br />
This <strong>Nebraska</strong> Biological Father Registry option allows the father of a child to file for notification<br />
of paternity without indicating that he is seeking immediate custody of the child.<br />
If a man has reason to believe that he is the father of a child born out of wedlock and he wants<br />
to preserve his legal rights of notice in order to prevent the child from being adopted by others,<br />
he may file the notice at any <strong>Nebraska</strong> Department of Health and Human Services office. The<br />
law requires that the filing be done in person or by mail, only on forms provided by the<br />
Department.<br />
http://www.hhs.state.ne.us/adoption/biofatherclaim.htm<br />
- 5 -