Child Support Enforcement - Sarpy County Nebraska

afforded the same treatment as liens arising in this state. The filing process required by this
section shall not be construed as requiring an application, complaint, answer, and hearing as
might be required for the filing or registration of foreign judgments under the Nebraska Uniform
Enforcement of Foreign Judgments Act or the Uniform Interstate Family Support Act;
(5) Support order judgments shall cease to be liens on real or registered personal property
ten years from the date (a) the youngest child becomes of age or dies or (b) the most recent
execution was issued to collect the judgment, whichever is later, and such lien shall not be
reinstated;
(6)…
(7) The court may in any case, upon application or its own motion, after notice and
hearing, order a person required to make payments to post sufficient security, bond, or other
guarantee with the clerk to insure payment of both current and any delinquent amounts. Upon
failure to comply with the order, the court may also appoint a receiver to take charge of the
debtor's property to insure payment. Any bond, security, or other guarantee paid in cash may,
when the court deems it appropriate, be applied either to current payments or to reduce any
accumulated arrearage;
(8) …
(9) Any lien authorized by this section against personal property registered with any
county consisting of a motor vehicle or mobile home shall attach upon notation of the lien
against the motor vehicle or mobile home certificate of title and shall have its priority established
pursuant to the terms of section 60-164 or a subordination document executed under this section.
Source: Laws 2008, LB1014, § 35. Operative Date: April 17, 2008
Doksansky v. Norwest Bank Neb., 260 Neb. 100, 615 N.W.2d 104 (2000)
also see Smith v. Smith, 246 Neb. 193, 517 N. W. 2d 394 (1994)
Underlying Facts: Two cases involving the same family. In Smith the court ruled that the CP
could not utilize a garnishment procedure to compel payments from the trusts for the purpose of
satisfying a child support arrearage. In Dokansky the same CP attempted to petition for an
equitable assets creditor's bill against cotrustees, which would require application of future trust
distributions to the judgment for $93,000 in child support arrearages. The CP was the principal
beneficiary of all of these trusts, which totaled $600,000 in value. She again failed, because the
NCP had no control as to when trust money was to be distributed to him. This proved fatal to
the efforts of the CP to collect $93,000 is child support arrears.
A creditor's suit or bill is generally defined as "an equitable proceeding brought by
a creditor to enforce the payment of a debt out of property or interests of his debtor
which cannot be reached by ordinary legal process." 21 Am. Jur. 2d Creditors' Bills §
1 at 6 (1998). "A creditor's bill is in the nature of an equitable execution," and its
purpose is to "bring into exercise the equitable powers of the court to enforce the
satisfaction of judgments by means of equitable execution" when execution at law
cannot be obtained. Id., § 2 at 7.
In Nebraska, a creditor's bill is statutorily authorized by Neb. Rev. Stat. § 25-1564
(Reissue 1995), which provides:
Where a judgment debtor has not personal or real property subject to levy on
execution, sufficient to satisfy the judgment, any interest which he may have in any
banking, turnpike, bridge, or other joint-stock company, or any interest he may have in
any money, contracts, claims or choses in action, due or to become due to him, or in
any judgment or decree, or any money, goods or effects which he may have in
possession of any person, body politic or corporate, shall be subject to the payment of
such judgment by proceedings in equity, or as in this chapter prescribed.
Nebraska recognizes two types of creditor's bills. The first is used to reach
equitable assets or property of a debtor on which execution at law cannot be levied.
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