Child Support Enforcement - Sarpy County Nebraska

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Pope v. Pope, 251 Neb. 773, 559 N.W.2d 192 (1997) Parent terminated from employment for sleeping on the job not entitled to reduction in alimony. Reduction in earnings does not rise to the “good cause” threshold. Simpson v. Simpson, 275 Neb. 152, 744 N.W.2d 710 (2008) [A]n increase in income is a circumstance that may be considered in determining whether alimony should be modified. … [A] party’s increase in income is considered in conjunction with changes in the other party’s situation. Although an increase in the income of the spouse paying maintenance is a relevant factor for the trial court to consider, it alone does not require the court to modify the amount of maintenance previously ordered. Alimony should not be used to equalize the incomes of the parties or to punish one of the parties. [A] petition to modify alimony will be denied if the change in financial condition is due to the fault or voluntary wastage or dissipation of one’s talents or assets. We do not consider … (personal differences with her employer, which precipitated the CP quitting her job)…. To be a material and substantial change of circumstances. [E]vidence of [the NCPs] increased income does not constitute, in and of itself, a material and substantial change in circumstances, without a proven increase in [the CPs] living expenses. Zoubenko v. Zoubenko, 19 Neb. App. 582 (March 2012) [T]he primary purpose of alimony is to assist an ex-spouse for a period of time necessary for that individual to secure his or her own means of support, and the duration of an alimony award must be reasonable in light of this purpose. Factors which should be considered by a court in determining alimony include: (1) the circumstances of the parties; (2) the duration of the marriage; (3) the history of contributions to the marriage, including contributions to the care and education of the children, and interruption of personal careers or educational opportunities; and (4) the ability of the supported party to engage in gainful employment without interfering with the interests of any minor children in the custody of each party. Kalkowski v. Kalkowski, supra. See Neb. Rev. Stat. § 42-365 (Reissue 2008). [A]limony should not be used to equalize the incomes of the parties or to punish one of the parties. Kalkowski v. Kalkowski, 258 Neb. 1035, 607 N.W.2d 517 (2000) Statute of Limitations Criminal Prosecution for Sexual Assault of a Minor/ Incompetent: 29-110. Prosecutions; complaint, indictment, or information; filing; time limitations; exceptions. … (7) There shall not be any time limitations for prosecution or punishment for treason, murder, arson, forgery, sexual assault in the first or second degree under section 28- 319 or 28-320, sexual assault of a child in the second or third degree under section 28- 320.01, incest under section 28-703, or sexual assault of a child in the first degree under section 28-319.01; nor shall there be any time limitations for prosecution or - 174 -
punishment for sexual assault in the third degree under section 28-320 when the victim is under sixteen years of age at the time of the offense. 28-319.01. Sexual assault of a child; first degree; penalty 28-320. Sexual assault; second or third degree; penalty. 28-320.01 Sexual assault of a child; second or third degree; penalties. Finnern v. Bruner, 167 Neb. 281, 92 N.W.2d 785 (1958) A decree awarding alimony and child support in an action for divorce does not become dormant by lapse of time and the defense of the statute of limitations is not available to defeat recovery of delinquent payments. Don’t confuse with the issue of child support liens, as set forth in Section §42-371 (R.R.S. 1998) …. (2) <strong>Child</strong> support and spousal support judgments shall cease to be liens on real or registered personal property ten years from the date (a) the youngest child becomes of age or dies or (b) the most recent execution was issued to collect the judgment, whichever is later, and such lien shall not be reinstated; (3) Alimony and property settlement award judgments, if not covered by subdivision (2) of this section, shall cease to be a lien on real or registered personal property ten years from the date (a) the judgment was entered, (b) the most recent payment was made, or (c) the most recent execution was issued to collect the judgment, whichever is latest, and such lien shall not be reinstated; Freis v. Harvey, 5 Neb. App. 679, 563 N.W.2d 363 (1997) The language of §42-371(2) and its predecessors is plain and unambiguous. ….it in no way altered the rule that child support judgments are not judgments under §25- 1515 and thereby are not rendered dormant. Such judgments are likewise not rendered dormant by §42-371(2). But see: §43-290 … The juvenile court shall retain jurisdiction over a parent ordered to pay support for the purpose of enforcing such support order for so long as such support remains unpaid but not to exceed ten years from the nineteenth birthday of the youngest child for whom support was ordered. Statutory Construction/ Interpretation Groseth v. Groseth, 257 Neb. 525, 600 N.W.2d 159 (1999) Courts engaged in an exercise of statutory construction must presume that the Legislature intended a sensible, rather than an absurd, result. Courts must look to a statute’s purpose and give to the statute a reasonable construction which best achieves that purpose, rather than a construction that would defeat it. - 175 -
Page 1 and 2:
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
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§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
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Source: Laws 1975, LB 212, § 8; La
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The second is used in aid of an exe
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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 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: Spousal support, when used in the c
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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