Child Support Enforcement - Sarpy County Nebraska

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(2) after due diligence, counsel has been unable to contact the defendant or otherwise determine if a meritorious defense exists. (e) INAPPLICABILITY OF SECTION 202 PROCEDURES- A stay of proceedings under subsection (d) shall not be controlled by procedures or requirements under section 202. (f) SECTION 202 PROTECTION- If a servicemember who is a defendant in an action covered by this section receives actual notice of the action, the servicemember may request a stay of proceeding under section 202. (g) VACATION OR SETTING ASIDE OF DEFAULT JUDGMENTS- (1) AUTHORITY FOR COURT TO VACATE OR SET ASIDE JUDGMENT- If a default judgment is entered in an action covered by this section against a servicemember during the servicemember’s period of military service (or within 60 days after termination of or release from such military service), the court entering the judgment shall, upon application by or on behalf of the servicemember, reopen the judgment for the purpose of allowing the servicemember to defend the action if it appears that— (A) the servicemember was materially affected by reason of that military service in making a defense to the action; and (B) the servicemember has a meritorious or legal defense to the action or some part of it. (2) TIME FOR FILING APPLICATION- An application under this subsection must be filed not later than 90 days after the date of the termination of or release from military service. Source: http://usmilitary.about.com/od/sscra/l/blscra201.htm Carmicheal v. Rollins, 280 Neb. 59, 783 N.W. 2d 763 (June 2010) This case sets forth exactly what a servicemember must demonstrate - and how they must go about demonstrating – that they are entitled to a stay of court proceedings. One of the articulated purposes of the Servicemembers Civil Relief Act, 50 U.S.C. app. § 501et seq. (2006), is to provide for the temporary suspension of judicial and administrative proceedings and transactions that may adversely affect the civil rights of servicemembers during their military service. The Servicemembers Civil Relief Act, 50 U.S.C. app. § 501et seq. (2006), is intended to strengthen and expedite the national defense by enabling persons in the military service to devote their entire energy to the defense needs of the nation. The protections afforded by the Servicemembers Civil Relief Act, 50 U.S.C. app. § 501et seq. (2006), are intended to be far ranging, applying to any judicial or administrative proceeding commenced in any court or agency in any jurisdiction subject to this act. A request for a stay, or the grant of a stay, does not affect whether a court has jurisdiction. We have held that a proceeding regarding custody determinations is a special proceeding. However, we have not previously addressed whether the denial of a stay under the SCRA is an order affecting a substantial right. We find that it is. The grant of temporary custody and child support …is not a final order. - 168 -
Social Security (Also see Equity, Equitable Estoppel) Often times we run into situations where a parent is disabled and either seeking social security disability benefits or has qualified for the benefits. Sometimes the fact that a dependent child is receiving (or is eligible to receive) benefits through SSA becomes relevant to our court work. Below is a thumbnail primmer on the topic, as well as some relevant appellate case law. There are two types of social security benefits: Social Security Disability Insurance, SSDI and Supplemental Security Income, SSI. SSI is a needs based disability program. See generally www.ssa.gov/disability/professionals/bluebook/general-info.htm Under the Social Security disability insurance program (title II of the Act), there are three basic categories of individuals who can qualify for benefits on the basis of disability: A disabled insured worker under full retirement age. An individual disabled since childhood (before age 22) who is a dependent of a parent entitled to title II disability or retirement benefits or was a dependent of a deceased insured parent. A disabled widow or widower, age 50-60 if the deceased spouse was insured under Social Security. Under title XVI, or SSI (Supplemental Security Income), there are two basic categories under which a financially needy person can get payments based on disability: An adult age 18 or over who is disabled. A child (under age 18) who is disabled. SSI benefits are available to low income and low resource individuals, including children under age 18, who do not qualify for Social Security Disability (SSDI) benefits. The medical disability rules are the same as those for Social Security disability. Note: SSI benefits are NOT subject to income withholding/garnishment under federal law. See 5 CFR §581.104(j). Regardless of the type, social security benefits may be taxable. Tax obligations ensue when the recipient has other sources of income besides the disability benefits, or if their spouse earns a substantial income. If recipients file a federal tax return as an "individual" and report a combined income between $25,000 and $34,000, they may have to pay income tax on 50 percent of their Social Security benefits. For combined incomes above $34,000, up to 85 percent of the Social Security benefits are subject to income tax. Recipients who are married and file a joint return may have to pay taxes on 50 percent of their benefits if the recipient and his/her spouse has a combined income between $32,000 and $44,000. If the combined income is more than $44,000, up to 85 percent of your Social Security benefits are subject to income tax. Disabled children under age 18 can be eligible for a special type of Supplemental Security Income benefits. Social Security has special rules for evaluating the medical basis for finding a child disabled. <strong>Child</strong> SSI benefits are only payable if the child meets the medical requirements for disability published by Social Security and if that child's household falls below an income - 169 -
Page 1 and 2:
Have a Wonderful Summer! Child Supp
Page 3 and 4:
Table of Contents:* * (accessible v
Page 5 and 6:
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
Page 17 and 18:
State ex rel. Lemon v. Gale, 272 Ne
Page 19 and 20:
disobedience as an essential elemen
Page 21 and 22:
student loan that the noncustodial
Page 23 and 24:
having jurisdiction to compel the s
Page 25 and 26:
Drew on Behalf of Reed v. Reed, 16
Page 27 and 28:
income, is to be considered in dete
Page 29 and 30:
§ 48-802 - Statutes, General Rules
Page 31 and 32:
from arriving on the scene, either
Page 33 and 34:
In equity cases trial judges should
Page 35 and 36:
Similarly, a party who does more th
Page 37 and 38:
Common Law Marriages States that au
Page 39 and 40:
Constitutional Issues/ Statutory In
Page 41 and 42:
Little v. Streater, 452 U.S. 1, 101
Page 43 and 44:
In re Interest of Thomas M., 282 Ne
Page 45 and 46:
See Smeal Fire Apparatus Co. v. Kre
Page 47 and 48:
Because a conditional commitment is
Page 49 and 50:
obligation when he currently has an
Page 51 and 52:
An order modifying child custody wh
Page 53 and 54:
Haynes v. Haynes, 205 Neb. 35, 286
Page 55 and 56:
Stuhr v. Stuhr, 240 Neb. 239, 481 N
Page 57 and 58:
By failing to take the genetic test
Page 59 and 60:
State on behalf of L.L.B. v. Hill,
Page 61 and 62:
Due Process Conn v. Conn, 13 Neb. A
Page 63 and 64:
or court order of emancipation or a
Page 65 and 66:
Henderson v. Henderson, 264 Neb. 91
Page 67 and 68:
they have income. There is no floor
Page 69 and 70:
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
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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
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Simpson v. Simpson, 275 Neb. 152, 7
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§42-364.09. Child support; withhol
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§43-1709. Employer or other payor,
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(6) That the employer or other payo
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income withholding for current supp
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Title IV-D Division of the Departme
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Held: The state was acting beyond i
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(3) Any juvenile…whose parent, gu
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proceeding or a new action. Since t
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State, Dept. of Social Services v.
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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 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: Of particular interest is the requi
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
Page 201 and 202: per hour, two hour minimum. C. (1)
Page 203 and 204: (3) If, regardless of whether payme
Page 205 and 206: Rule 21 adopted April 16, 2008. Ren
Page 207 and 208: Nebraska Information System (NIS):
Page 209 and 210: web site: www.usmc-mccs.org/contact
Page 211 and 212: FIPS FPLS IRG IV-D JUSTICE MSFIDM N
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Child Support Enforcement - Sarpy County Nebraska

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