Child Support Enforcement - Sarpy County Nebraska

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Paternity & Related (see also Disestablishment, Res Judicata & Paternity) An excellent overview of the issues relating to the determination of paternity may be found at www.lawny.org/index.php/advocate-page-attorney-resources-119/38-public-advocate-information/171-paternity-for-advocates Note: Changes in federal regulations, effective Jan. 3, 2011, require UIFSA Responding state IV-D agencies to pay for all DNA genetic testing in paternity related cases. Formerly it was the initiating state that was responsible for shouldering these costs. The Responding state may still look to a parent for reimbursement of these costs. See: www.acf.hhs.gov/programs/cse/pol/AT/2010/at-10-06.htm for further information. §42-377 Legitimacy of children Children born to the parties, or to the wife, in a marriage relationship which may be dissolved or annulled pursuant to sections 42-347 to 42-381, shall be legitimate unless otherwise decreed by the court, and in every case the legitimacy of all children conceived before the commencement of the suit shall be presumed until the contrary is shown. Source: Laws 1972, LB 820, § 31; Laws 1997, LB 229, § 21. See also §43-512.04 Cavanaugh v. deBaudiniere, 1 Neb. App. 204, 493 N.W.2d 197 (1992) This section [42-377] does not create an irrebuttable presumption of legitimacy in the case of children conceived before the commencement of the dissolution action. §43-247. Juvenile court; jurisdiction. … The juvenile court shall have concurrent original jurisdiction with the district court and county court as to any juvenile defined in subdivision…(11) of this section. … (11) The paternity determination for a child over which the juvenile court already has jurisdiction. §43-512. Application for assistance; procedure; maximum monthly allowance; payment; transitional benefits; terms, defined. (1) Any dependent child as defined in section 43-504 or any relative or eligible caretaker of such a dependent child may file with the Department of Health and Human Services a written application for financial assistance for such child on forms furnished by the department. - 140 -
(2)The department, through its agents and employees, shall make such investigation pursuant to the application as it deems necessary or as may be required by the county attorney or authorized attorney. If the investigation or the application for financial assistance discloses that such child has a parent or stepparent who is able to contribute to the support of such child and has failed to do so, a copy of the finding of such investigation and a copy of the application shall immediately be filed with the county attorney or authorized attorney. . . . Source: Laws 2000, LB 972, § 17 §43-512.02 (2) Child, spousal, and medical support collection; paternity determination; services available; application; fees; costs. (1) Any child or any relative, lawful custodian, guardian, or next friend of a child may file with the county attorney, authorized attorney, or other office designated by the Department of Health and Human Services an application for the same child, spousal, and medical support collection or paternity determination services as are provided to dependent children and their relatives under sections 43-512 to 43-512.10 by the department, the county attorney, the authorized attorney, and the clerk of the district court. (2) If an office other than the office of the county attorney or authorized attorney is authorized by the department to accept such applications and if the application discloses that such child has a parent or stepparent who is able to contribute to the support of such child and has failed to do so, a copy of the application shall immediately be filed with the county attorney or authorized attorney. …. Source: Laws 1997, LB 307, § 59 §43-512.04 Child support or medical support; separate action allowed; procedure; presumption; decree; contempt. (1) An action for child support or medical support may be brought separate and apart from any action for dissolution of marriage. The complaint initiating the action shall be filed with the clerk of the district court and may be heard by the county court or the district court as provided in section 25-2740. Such action for support may be filed on behalf of a child: (a) Whose paternity has been established (i) by prior judicial order in this state, (ii) by a prior determination of paternity made by any other state as described in subsection (1) of section 43-1406, or (iii) by the marriage of his or her parents as described in section 42- 377 or subsection (2) of section 43-1406; or (b) Whose paternity is presumed as described in section 43-1409 or subsection (2) of section 43-1415. (2) The father, not having entered into a judicially approved settlement or being in default in the performance of the same, may be made a respondent in such action. The mother of the child may also be made a respondent in such an action. Such action shall be commenced by a complaint of the mother of the child, the father of the child whose paternity has been established, the guardian or next friend of the child, the county attorney, or an authorized attorney. (3) The complaint shall set forth the basis on which paternity was previously established or presumed, if the respondent is the father, and the fact of non-support and shall ask that the father, the mother, or both parents be ordered to provide for the support of the child. Summons shall issue against the father, the mother, or both parents and be served as in other civil proceedings, except that such summons may be directed to the sheriff of any county in the state and may be served in any county. The method of trial shall be the same as in actions formerly cognizable in - 141 -
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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
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The same principles that apply with
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“[C]oncerns regarding the stigma
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(a) The interpretation of the suppo
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make the appointment. In other case
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Guidelines Issues (Including suffic
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Note: In July 2008 the Federal Chil
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Erica J. v. Dewitt, 265 Neb. 728, 6
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Morrill County v. Darsaklis, 7 Neb.
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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 and 128: Halsted v. Halsted, 169 Neb. 325, 9
Page 129 and 130: Neb. Ct. R. § 4-217 Modification.
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: A party seeking to modify a dissolu
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
Page 179 and 180: Spousal support, when used in the c
Page 181 and 182: punishment for sexual assault in th
Page 183 and 184: Hall v. Hall, 238 Neb. 686, 472 N.W
Page 185 and 186: interests of a child are served by
Page 187 and 188: §42-722. Private counsel. An indiv
Page 189 and 190: the following three conditions are
Page 191 and 192: Source: Laws 1993, LB 500, § 43 §
Page 193 and 194: Despite a basic difference in the n
Page 195 and 196: 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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