23.06.2014 Views

Child Support Enforcement - Sarpy County Nebraska

Child Support Enforcement - Sarpy County Nebraska

Child Support Enforcement - Sarpy County Nebraska

SHOW MORE
SHOW LESS

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 -

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!