Child Support Enforcement - Sarpy County Nebraska

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of the marriage has been to pay no child support unless compelled by the court” and that it was his “flagrant and continuing contempt of court” which precluded him from obtaining relief. State o/b/o Pathammavong v. Pathammavong, 268 Neb. 1, 679 N.W.2d 749 (2004) When a party owes past-due child support, the failure to pay must be found to be a willful failure to pay, in spite of an ability to pay, before an application to modify child support may be dismissed on the basis of unclean hands. Voichoskie v. Voichoskie, 215 Neb. 775, 340 N.W.2d 442 (1983) Conduct which forms a basis for a finding that a party has “unclean hands” must be willful in nature. Citing 1 Pomeroy, Equity Jurisprudence (3d ed.) sec. 397: ‘Whenever a party, who, as actor, seeks to set the judicial machinery in motion and obtain some remedy, has violated conscience, or good faith, or other equitable principle, in his prior conduct, then the doors of the court will be shut against him in limine; the court will refuse to interfere on his behalf, to acknowledge his right, or to award him any remedy.’ Visitation Credits § 4-210 of the guidelines provides in part: Visitation or parenting time adjustments or direct cost sharing should be specified in the support order. An adjustment in child support may be made at the discretion of the court when visitation or parenting time substantially exceeds alternating weekends and holidays and 28 days or more in any 90-day period. During visitation or parenting time periods of 28 days or more in any 90-day period, support payments may be reduced by up to 80 percent. The amount of any reduction for extended parenting time shall be specified in the court’s order and shall be presumed to apply to the months designated in the order. An online Visitation Credit form is available at: www.sarpy.com/childsupport/documents/AffidavitforSummerVisitationCredit07.pdf Miscellaneous Part I: Cases addressing Miscellaneous Civil, Technical & “Housekeeping” Related rules and issues Andersen v. American Family Mut. Ins. Co., 249 Neb. 169, 542 N.W.2d 703 (1996), Unless otherwise provided by order of the district court, a term of court begins on January 1 of a given year and ends on December 31 of that same year. Berg v. Hayworth, 238 Neb 527, 471 N.W.2d 435 (1991) <strong>Child</strong> support payments are a vested right of the payee in a dissolution action as they accrue, and such payments may be changed only by modification of the decree. - 188 -
Conrad v. Conrad, 208 Neb. 588, 304 N.W.2d 674 (1981) Eliker v. Eliker, 206 Neb. 764, 295 N.W.2d 268 (1980) Neither of the parties is authorized to interfere with the court’s orders and only the court can determine what, if any, adjustments should be made. Continental Oil Co. v. Harris, 214 Neb. 422, 333 N.W.2d 921 (1983). [T]he office of an order nunc pro tunc is to correct a record which has been made so that it will truly record the action had, which through inadvertence or mistake was not truly recorded. It is not the function of an order nunc pro tunc to change or revise a judgment or order, or to set aside a judgment actually rendered, or to render an order different from the one actually rendered, even though such order was not the order intended. See also State v. Sims, 277 Neb. 192, 761 N.W.2d 527 (2009) [T]he general rule that a judgment is no longer open to amendment, revision, modification, or correction after the term at which it was rendered does not apply where the purpose is to correct or amend clerical or formal errors so as to make the record entry speak the truth and show the judgment which was actually rendered by the court. Given the discrepancy between the orally pronounced sentence … and the written entry relating thereto, we conclude that the orally pronounced sentence is controlling Neb. Rev. Stat. §25-2001(3) (Reissue 2008) states that “[c]lerical mistakes in judgments, orders, or other parts of the record and errors therein arising from oversight or omission may be corrected by the court by an order nunc pro tunc at any time on the court’s initiative or on the motion of any party . . . .” Dartmann v. Dartmann, 14 Neb. App. 864, 717 N.W.2d 519 (2006) [T]he district court’s ability to discharge an arrearage of child support hinges on satisfactory proof that a judgment has been fully paid or satisfied by the act of both parties. Neb. Rev. Stat. §42-369(4) (Reissue 2004) provides, in part, that “[o]rders, decrees, and judgments for temporary or permanent support or alimony . . . have the force and effect of judgments when entered.” A court may not forgive or modify past-due child support. <strong>Child</strong> support payments become a vested right of the payee in a dissolution action as they accrue. Where the final decree is silent with respect to accrued, unpaid temporary child support, it remains a judgment against the obligated parent. However, the district court may, on motion and satisfactory proof that a judgment has been paid or satisfied in whole or in part by the act of the parties thereto, order it discharged and canceled of record, to the extent of the payment or satisfaction. Eliker v. Eliker, 206 Neb. 764, 295 N.W.2d 268 (1980) Requests for admissions (made upon the county attorney) were irrelevant, not only to the proceedings under § 42-358, but to the action brought pursuant to § 42-364.01 as well. When a court orders the payment of child support, it means to have such order followed. We cannot be more emphatic in that regard. - 189 -
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
Page 43 and 44:
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
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Neb. Ct. R. § 4-217 Modification.
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she had sufficient resources to pro
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If applicable, earning capacity may
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Gress v. Gress, 274 Neb. 686, 743 N
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A district court may modify a regis
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Peter v. Peter, 262 Neb. 1017, 637
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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 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: Despite a basic difference in the n
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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