Child Support Enforcement - Sarpy County Nebraska

A trial court’s award of child support in a paternity case will not be disturbed on
appeal in the absence of an abuse of discretion by the trial court.
In a paternity action, attorney fees are reviewed de novo on the record to determine
whether there has been an abuse of discretion by the trial judge.
In a dissolution action, an appellate court reviews an award of expert witness fees
de novo on the record to determine whether there has been an abuse of discretion
by the trial judge. The same standard applies to an award of expert witness fees in a
paternity action.
Ferer v. Aaron Ferer & Sons, 278 Neb. 282, 770 N.W.2d 608 (2009)
The doctrine of res judicata bars relitigation not only of those matters actually
litigated, but also of those matters which might have been litigated in the prior
action.
Permission to amend a pleading is addressed to the discretion of the trial court, and
the trial court’s decision will not be disturbed absent an abuse of discretion.
Amendment of a complaint is not a matter of right.
Gangwish v. Gangwish, 267 Neb. 901, 678 N.W.2d 503 (2004)
Metcalf v. Metcalf, 278 Neb. 258, 769 N.W.2d 386 (2009)
Pickrel v. Pickrel, 14 Neb. App. 792 (2006)
The standard of review of an appellate court in child support cases is de novo on the
record, and the decision of the trial court will be affirmed in the absence of an abuse
of discretion. [see also Gress v. Gress, 257 Neb. 112, 596 N.W.2d 8 (1999); State
v. Smith, 231 Neb. 740, 437 N.W.2d 803 (1989); Hanson v. Rockwell, 206 Neb.
299, 292 N.W.2d 786 (1980).]
A judicial abuse of discretion exists when a judge, within the effective limits of
authorized judicial power, elects to act or refrains from acting, and the selected
option results in a decision which is untenable and unfairly deprives a litigant of a
substantial right or a just result in matters submitted for disposition through a judicial
system.
Hall v. Hall, 176 Neb. 555, 126 N. W. 2d 839 (1964)
The trial court in a divorce action may in its discretion grant supersedeas. An
absolute right to supersedeas does not exist except when it is allowable under the
express provisions of section 25-1916.
Where the divorce decree awarding custody of a minor child has not been
superseded, such award may be enforced by the trial court, as in the case of any
other nonsuperseded judgment (during pendency of an appeal to the appellate
court). The trial court is invested with authority to enforce its nonsuperseded
judgment awarding the custody of a minor child by contempt proceedings
notwithstanding an appeal to this court.
Temporary orders in the district court allowing alimony, child support, or the
custody of minor children terminate with the rendition of a final decree of divorce.
State v. Biernacki, 237 Neb. 215, 217, 465 N.W.2d 732, 734 (1991)
The failure of a party to submit a brief which complies with [its] rules may result in
our treating the case as one in which no brief has been filed by that party. Review
would thus be limited to “plain error” consideration.
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