Child Support Enforcement - Sarpy County Nebraska

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and wife, and whether the question arises directly by petition for an annulment or collaterally in other proceedings. Medicaid Reimbursement/ Medical Support (See also Health Insurance/Cash Medical Support) This area is in a state of flux. Nebraska’s DHHS CSE office released a letter in May 2008 which instructed local offices and CSE attorneys to stop seeking to obtain, or obtaining, new orders requiring Noncustodial Parents to repay Medicaid/medical debts to the state, and further to discontinue enforcement of existing orders for Medicaid reimbursement. This action was precipitated by the Federal HHS CSE office, which has ruled such enforcement activities are outside the Federal IV-D program mandates. Note: In response to a new federal definition of the term “reasonable in cost” as pertains to dependent health insurance or “cash medical support”, which definition was approved in July 2008 in the Federal Child Support Regulations, Nebraska’s HHS agency secured an amendment to our laws that defines “reasonably available” to equate to 3% or less of a parent’s gross monthly income. This change is contained in LB 288, effective 9/30/2009 (see § 42-369). Note: the concept of “cash medical support” only applies to “IV-D” cases at this time. The Feds have a broad view of what constitutes “cash medical support”. It can mean something as simple as ordering a parent to share uncovered medical expenses of the minor child. This is something routinely done in all cases except where the obligated parent has a very low income. Note also that “cash medical” awards cannot have the effect of putting the parent below the poverty guidelines as set forth in state and federal law. See the section on Guidelines Issues and Health Insurance in this outline for further information. State on Behalf of Dunn v. Wiegand, 2 Neb. App. 580, 512 N.W.2d 419 (1994) If action is filed on behalf of minor child by the state, the state cannot seek reimbursement by the father for medical expenses of the mother paid by the state if the child is more than 4 years of age. See also State v. Oglesby, 244 Neb. 880, 510 N.W.2d 53 (1994) “the trial court ordered judgment ‘for medical expenses incurred in relation to the pregnancy, confinement and recovery of [the mother] in the birth of [the child].’ That part of the judgment is not based on the rights of the child, but is in relation to the rights of the child’s mother. As such, it was barred by the applicable 4-year statute of limitations affecting the rights of the mother or the mother’s assignee. Section 43- 1411 does not extend the statute of limitations for anyone other than the minor child involved.” Modification Issues/ Change in Circumstances/Unclean Hands (see also Guidelines, Incarceration, Removal of Children, Unclean Hands) Full Nebraska Child Support Guidelines: - 122 -
Neb. Ct. R. § 4-217 Modification. Application of the child support guidelines which would result in a variation by 10 percent or more, but not less than $25, upward or downward, of the current child support obligation, child care obligation, or health care obligation, due to financial circumstances which have lasted 3 months and can reasonably be expected to last for an additional 6 months, establishes a rebuttable presumption of a material change of circumstances. Paragraph Q amended effective Jan. 1, 1996; Paragraph Q amended effective Sept. 1, 2002. … Neb. Ct. R. § 4-219 Limitation on Increase. Under no circumstances shall there be an increase in support due from an obligor solely because of an increase in the income of the obligee. Paragraph S effective Sept. 1, 2002. Neb. Ct. R. § 4-220 Limitation on Decrease. An obligor shall not be allowed a reduction in an existing support order solely because of the birth, adoption, or acknowledgement of subsequent children of the obligor; however, a duty to provide regular support for subsequent children may be raised as a defense to an action for an upward modification of such existing support order. Paragraph T effective Sept. 1, 2002. § 42-364. Action involving child support, child custody, parenting time, visitation, or other access; parenting plan; legal custody and physical custody determination; rights of parents; child support; termination of parental rights; court; duties; modification proceedings; use of school records as evidence. (1) . . . . . . (6) Modification proceedings relating to support, custody, parenting time, visitation, other access, or removal of children from the jurisdiction of the court shall be commenced by filing a complaint to modify. . . . Service of process and other procedure shall comply with the requirements for a dissolution action. [See § 42-352] (7) . . . Source: Laws 1983, LB 138, § 1; Laws 1985, LB 612, § 1; Laws 1985, Second Spec. Sess., LB 7, § 16; Laws 1991, LB 457, § 3; Laws 1991, LB 715, § 1; Laws 1993, LB 629, § 21; Laws 1994, LB 490, § 1; Laws 1996, LB 1296, § 15; Laws 1997, LB 752, § 96; Laws 2004, LB 1207, § 25; Laws 2006, LB 1113, § 35; Laws 2007, LB554, § 32; Laws 2008, LB1014, § 32; Laws 2009, LB288, § 5; Laws 2010, LB901, § 1. Operative Date: July 1, 2010 §43-512.12 Title IV-D child support order; review by Department of Health and Human Services; when. (Note: LB 712 amends portions of this statute. New language is highlighted) (1) Child support orders in cases in which a party has applied for services under Title IV-D of the federal Social Security Act, as amended, shall be reviewed by the Department of Health and Human Services to determine whether to refer such orders to the county attorney or authorized attorney for filing of an application for modification. An order shall be reviewed by the department upon its own initiative or at the request of either parent when such review is required by Title IV-D of the federal Social Security Act, as amended. After review the department shall refer an order to a county attorney or authorized attorney when the verifiable financial information available to the department indicates: (a) The present child support obligation varies from the Supreme Court child support guidelines pursuant to section 42-364.16 by more than the percentage, amount, or other criteria established by Supreme Court rule, and the variation is due to financial circumstances which have lasted at least three months and can reasonably be expected to last for an additional six months; or (b) Health care coverage meeting the requirements of subsection (2) of section 42-369 is available to either party and the children do not have health insurance coverage other than the - 123 -
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Have a Wonderful Summer! Child Supp
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Table of Contents:* * (accessible v
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Table of Contents (continued): Mult
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A Note for Legal Practitioners: Mem
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Overview/ IV-D Attorney Duty Gangwi
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Neb. Rev. Stat. § 7-105(2) (Reissu
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See Lehr v. Robertson, 463 U.S. 248
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their attorney of record and, excep
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State ex rel. Lemon v. Gale, 272 Ne
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disobedience as an essential elemen
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student loan that the noncustodial
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having jurisdiction to compel the s
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Drew on Behalf of Reed v. Reed, 16
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income, is to be considered in dete
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§ 48-802 - Statutes, General Rules
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from arriving on the scene, either
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In equity cases trial judges should
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Similarly, a party who does more th
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Common Law Marriages States that au
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Constitutional Issues/ Statutory In
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Little v. Streater, 452 U.S. 1, 101
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In re Interest of Thomas M., 282 Ne
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See Smeal Fire Apparatus Co. v. Kre
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Because a conditional commitment is
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obligation when he currently has an
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An order modifying child custody wh
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Haynes v. Haynes, 205 Neb. 35, 286
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Stuhr v. Stuhr, 240 Neb. 239, 481 N
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By failing to take the genetic test
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State on behalf of L.L.B. v. Hill,
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Due Process Conn v. Conn, 13 Neb. A
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or court order of emancipation or a
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Henderson v. Henderson, 264 Neb. 91
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they have income. There is no floor
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Lainson v. Lainson, 219 Neb. 170, 3
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Millatmal v. Millatmal, 272 Neb. 45
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24A Am. Jur. 2d Divorce and Separat
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[T]he fact that [the custodial pare
Page 77 and 78: The same principles that apply with
Page 79 and 80: “[C]oncerns regarding the stigma
Page 81 and 82: (a) The interpretation of the suppo
Page 83 and 84: make the appointment. In other case
Page 85 and 86: Guidelines Issues (Including suffic
Page 87 and 88: Note: In July 2008 the Federal Chil
Page 89 and 90: Erica J. v. Dewitt, 265 Neb. 728, 6
Page 91 and 92: Morrill County v. Darsaklis, 7 Neb.
Page 93 and 94: Any deviation from the guidelines m
Page 95 and 96: to also pay reimbursement for reaso
Page 97 and 98: or law of another state substantial
Page 99 and 100: §43-1711 Income, defined. Income s
Page 101 and 102: Simpson v. Simpson, 275 Neb. 152, 7
Page 103 and 104: §42-364.09. Child support; withhol
Page 105 and 106: §43-1709. Employer or other payor,
Page 107 and 108: (6) That the employer or other payo
Page 109 and 110: income withholding for current supp
Page 111 and 112: Title IV-D Division of the Departme
Page 113 and 114: Held: The state was acting beyond i
Page 115 and 116: (3) Any juvenile…whose parent, gu
Page 117 and 118: proceeding or a new action. Since t
Page 119 and 120: State, Dept. of Social Services v.
Page 121 and 122: amount equal to the support due and
Page 123 and 124: Source: Laws 1975, LB 212, § 8; La
Page 125 and 126: The second is used in aid of an exe
Page 127: Halsted v. Halsted, 169 Neb. 325, 9
Page 131 and 132: she had sufficient resources to pro
Page 133 and 134: If applicable, earning capacity may
Page 135 and 136: Gress v. Gress, 274 Neb. 686, 743 N
Page 137 and 138: A district court may modify a regis
Page 139 and 140: Peter v. Peter, 262 Neb. 1017, 637
Page 141 and 142: See also: Wilkins v. Wilkins, 269 N
Page 143 and 144: Under certain circumstances, an ame
Page 145 and 146: A party seeking to modify a dissolu
Page 147 and 148: (2)The department, through its agen
Page 149 and 150: § 43-1408.01 Notarized acknowledgm
Page 151 and 152: §43-1414. Genetic testing; procedu
Page 153 and 154: Carlson v. Bartels, 143 Neb. 680, 1
Page 155 and 156: as to the paternity of the minor ch
Page 157 and 158: Jones v. Paulson, 261 Neb. 327, 622
Page 159 and 160: in loco parentis to the child. See,
Page 161 and 162: (b) If the court orders income with
Page 163 and 164: enforcement, for example, we are fo
Page 165 and 166: ights of visitation. Later mother c
Page 167 and 168: Matchett v. Dunkle, 244 Neb. 639, 5
Page 169 and 170: Connecticut, the District of Columb
Page 171 and 172: In order to stand in loco parentis,
Page 173 and 174: Of particular interest is the requi
Page 175 and 176: Social Security (Also see Equity, E
Page 177 and 178: Calculate support this way: 1. Mom
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Spousal support, when used in the c
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punishment for sexual assault in th
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Hall v. Hall, 238 Neb. 686, 472 N.W
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interests of a child are served by
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§42-722. Private counsel. An indiv
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the following three conditions are
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Source: Laws 1993, LB 500, § 43 §
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Despite a basic difference in the n
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Conrad v. Conrad, 208 Neb. 588, 304
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Mace v. Mace, 13 Neb. App. 896, 703
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In re Interest of Chance J., 279 Ne
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per hour, two hour minimum. C. (1)
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(3) If, regardless of whether payme
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Rule 21 adopted April 16, 2008. Ren
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Nebraska Information System (NIS):
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web site: www.usmc-mccs.org/contact
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FIPS FPLS IRG IV-D JUSTICE MSFIDM N
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Child Support Enforcement - Sarpy County Nebraska

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