Child Support Enforcement - Sarpy County Nebraska

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§43-1411.01. Paternity or parental support; jurisdiction; termination of parental rights; provisions applicable. (1) An action for paternity or parental support under sections 43-1401 to 43-1418 may be initiated by filing a complaint with the clerk of the district court as provided in section 25-2740. Such proceeding may be heard by the county court or the district court as provided in section 25-2740. A paternity determination under sections 43-1411 to 43-1418 may also be decided in a county court or separate juvenile court if the county court or separate juvenile court already has jurisdiction over the child whose paternity is to be determined. (2) Whenever termination of parental rights is placed in issue in any case arising under sections 43-1401 to 43-1418, subsection (5) of section 42-364 and the Parenting Act shall apply to such proceedings. Source: Laws 1997, LB 229, § 38; Laws 1998, LB 1041, § 46; ; Laws 2004, LB 1207, § 40; ; Laws 2008, LB1014, § 46.; Operative date Operative date April 17, 2008 §43-1412 Paternity; action to establish; procedure; public hearings prohibited; evidence; default judgment; decree; payment of costs and fees. (1) The method of trial shall be the same as that in other civil proceedings, except that the trial shall be by the court without a jury unless a jury is requested (a) by the alleged father, in a proceeding instituted by the mother or the guardian or next friend, or (b) by the mother, in a proceeding instituted by the alleged father. It being contrary to public policy that such proceedings should be open to the general public, no one but the parties, their counsel, and others having a legitimate interest in the controversy shall be admitted to the courtroom during the trial of the case. The alleged father and the mother shall be competent to testify. The uncorroborated testimony (i) of the mother, in a proceeding instituted by the mother or the guardian or next friend, or (ii) of the alleged father, in a proceeding instituted by the alleged father, shall not alone be sufficient to support a verdict or finding that the alleged father is actually the father. Refusal by the alleged father to comply with an order of the court for genetic testing shall be deemed corroboration of the allegation of paternity. A signed and notarized acknowledgment of paternity or a certified copy or certified reproduction thereof shall be admissible in evidence in any proceeding to establish paternity without the need for foundation testimony or other proof of authenticity or accuracy. If it is determined in this proceeding that the alleged father is actually the father of the child, a judgment shall be entered declaring the alleged father to be the father of the child. (2) A default judgment shall be entered upon a showing of service and failure of the defendant to answer or otherwise appear. (3) If a judgment is entered under this section declaring the alleged father to be the father of the child, the court shall retain jurisdiction of the cause and enter such order of support, including the amount, if any, of any court costs and attorney’s fees which the court in its discretion deems appropriate to be paid by the father, as may be proper under the procedure and in the manner specified in section 43-512.04. If it is not determined in the proceeding that the alleged father is actually the father of the child, the court shall, if it finds that the action was frivolous, award court costs and attorney’s fees incurred by the alleged father, with such costs and fees to be paid by the plaintiff. (4) All judgments under this section declaring the alleged father to be the father of the child shall include the father’s social security number. The social security number of the declared father of the child shall be furnished to the clerk of the district court in a document accompanying the judgment. Source: Laws 2006, LB 1113, § 41. - 144 -
§43-1414. Genetic testing; procedure; confidentiality; violation; penalty. It’s a floor cleaner…and a dessert topping. It contains civil AND criminal sanctions! (1) In any proceeding to establish paternity, the court may, on its own motion, or shall, on a timely request of a party, after notice and hearing, require the child, the mother, and the alleged father to submit to genetic testing to be performed on blood or any other appropriate genetic testing material. Failure to comply with such requirement for genetic testing shall constitute contempt and may be dealt with in the same manner as other contempts. … (8) Any person convicted of violating this section shall be guilty of a Class IV misdemeanor for the first offense and a Class III misdemeanor for the second or subsequent offense. Source: Laws 1984, LB 845, § 1; ; Laws 1994, LB 1224, § 61; ; Laws 1997, LB 752, § 103; ; Laws 2001, LB 432, § 9; ; Laws 2007, LB296, § 129.; Operative date July 1, 2007 §43-1415 Results of genetic tests; admissible evidence; rebuttable presumption. (1) The results of the tests, including the statistical probability of paternity, shall be admissible evidence and, except as provided in subsection (2) of this section, shall be weighed along with other evidence of paternity. (2) When the results of tests, whether or not such tests were ordered pursuant to section 43- 1414, show a probability of paternity of ninety-nine percent or more, there shall exist a rebuttable presumption of paternity. (3) Such evidence may be introduced by verified written report without the need for foundation testimony or other proof of authenticity or accuracy unless there is a timely written request for personal testimony of the expert at least thirty days prior to trial. Source: Laws 1994, LB 1224, § 62. § 43-1417 Additional genetic testing; when. If the result of genetic testing or the expert’s analysis of inherited characteristics is disputed, the court, upon reasonable request of a party, shall order that additional testing be done by the same laboratory or an independent laboratory at the expense of the party requesting additional testing. Source: Laws 1984, LB 845, § 4 Distinguish these paternity statutes, which are based upon equity, with inheritance statutes, such as… § 30-2309 For purposes of intestate succession…a person born out of wedlock is a child of the mother. That person is also a child of the father, if: .... the paternity is established by an adjudication before the death of the father or is established thereafter by strict, clear and convincing proof. The burden of proof is different in inheritance law, but in effect paternity can be proven after the death of the father under inheritance statutes. This does not mean you can successfully file a paternity action against a deceased putative father. You may not! See Carlson v. Bartels, below. Related: § 71-640.01. Birth certificates; identification of father. The information pertaining to the identification of the father at the time of birth of an infant born in this state and reported on a birth certificate, filled out and filed pursuant to the Vital Statistics Act, shall comply with the following: - 145 -
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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
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to also pay reimbursement for reaso
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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 and 146: A party seeking to modify a dissolu
Page 147 and 148: (2)The department, through its agen
Page 149: § 43-1408.01 Notarized acknowledgm
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
Page 197 and 198: Mace v. Mace, 13 Neb. App. 896, 703
Page 199 and 200: 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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