Child Support Enforcement - Sarpy County Nebraska

Halsted v. Halsted, 169 Neb. 325, 99 N.W.2d 384 (1959)
Parker v. Parker, 10 Neb. App. 658, 636 N.W.2d 385 (2001)
A judgment lien does not attach to mere legal title where equitable and beneficial
interests are in another. A judgment lien is a lien only on the actual interest of the
judgment debtor, and a judgment lien is subject to all existing equities, whether of
record or not.
A lien for unpaid child support comes into existence only upon service of the
summons of the action seeking unpaid child support. Also see Nowka v. Nowka,
157 Neb. 57, 58 N.W.2d 600 (1953)
State v. Merrill, 273 Neb. 583, 731 N.W.2d 570 (2007)
Facts: Merrill was charged with several felony charges, including child abuse. His grandfather
posted his $5,000 criminal appearance bond, then Merrill assigned the right to get the bond
back to his grandfather. Meantime, the State filed an “Affidavit of Lien for Child Support” in
the criminal case. Later, Merrill was sentenced to imprisonment on the felony charges, and his
grandfather sought to have the bond money back. The clerk of district court refused, due to the
state’s lien. Merrill appealed. The district court heard and considered the matter as part of the
criminal case, and ordered the bond receipts returned to the grandfather. The state appealed.
We conclude that the State was not authorized to appeal the (district court’s) order
in this criminal case and that therefore, this court lacks jurisdiction over this appeal.
Absent specific statutory authorization, the State, as a general rule, has no right to
appeal an adverse ruling in a criminal case.
The district court correctly noted that the State’s remedy is in the civil case. (Note:
the court did not spell out what exactly that remedy is. One possibility would have
been to file an Order to Show Cause against Merrill, introduce evidence of the bond
receipt in his name, then have the court order it held by the court, or clerk of court,
until the criminal case was concluded, then instead of giving it back to the father,
assign it to the child support Payment Center for disbursement to the custodial
parent. Note further, however, that although the bond receipt was technically in the
name of the defendant/father, it was probably not really his money. State law
requires all bond receipts to list the defendant as the owner of the bond money.
Absent evidence that the bond money was actually the defendant’s to begin with,
you might question the propriety of taking the funds from an innocent third party to
pay the defendant’s child support.)
Marriage
(see also Same Sex Marriage)
Hills v. State, 61 Neb. 589, 85 N.W. 836 (1901)
If marriage is valid where celebrated, it is valid in this state.
In Re Estate of Everhart, 18 Neb. App. 413, 783 N.W.2d 1 (May 2010)
Facts: you really shouldn’t take that keen of an interest in your first cousin. Look what happens when
you do…
A void marriage is not valid for any legal purpose; the marriage is void ab initio by
statute, and its invalidity may be maintained in any proceeding in any court between
any proper parties whether in the lifetime or after the death of the supposed husband
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