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Child Support Enforcement - Sarpy County Nebraska

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Gase v. Gase, 266 Neb. 975, 671 N.W.2d 223 (2003)<br />

The <strong>Nebraska</strong> Supreme Court will take judicial notice of general rules and<br />

regulations established and published by <strong>Nebraska</strong> state agencies under<br />

authority of law. Likewise, the court will take judicial notice of rules and<br />

regulations established and published by federal agencies under authority of law.<br />

Golden Five Inc. v. Dept. of Social Services, 229 Neb. 148, 425 N.W.2d 865<br />

(1988)<br />

In Re Applications A-16027 Et Al., 242 Neb. 315, 495 N.W.2d 23 (1993)<br />

[T]he Department (of Health and Human Services) has no power to declare a<br />

statute unconstitutional.<br />

The power to declare an act of the Legislature unconstitutional is a judicial power<br />

reserved solely to the courts under the division of powers between the legislative,<br />

executive, and judicial branches of government set forth in the <strong>Nebraska</strong><br />

Constitution.<br />

Harvey v. Harvey, 6 Neb. App. 524, 575 N.W. 2d 167 (1998)<br />

Part and parcel of the notion that a foreign divorce decree, or as in this case an<br />

order of support, may be collaterally attacked in this state is the doctrine of the<br />

divisibility of foreign divorce decrees. “The ‘divisibility doctrine’ holds that<br />

while a state court may have jurisdiction over the marriage to cause its<br />

termination, that same court may lack personal jurisdiction to adjudicate<br />

‘personal matters’ such as support or alimony.” Tiedeman v. Tiedeman, 195<br />

Neb. 15, 17, 236 N.W.2d 807, 809 (1975).<br />

Although a court may have jurisdiction so that the termination of the marital<br />

status is entitled to full faith and credit, this recognition may be withheld from an<br />

accompanying money judgment when personal jurisdiction is lacking.<br />

Hicklin v. Hicklin, 244 Neb. 895, 509 N.W.2d 627 (1994)<br />

An action to annul a marriage sounds in equity. As such, an appellate court<br />

reviews annulment cases de novo on the record.<br />

we now hold that in an action for dissolution or annulment, a parent may accept<br />

child support and yet appeal other issues in the decree.<br />

An innocent party is one who "entered into the contract of marriage in good faith<br />

supposing the other to be capable of contracting."<br />

In order to determine the proper meaning of good faith, we look to the putative<br />

marriage doctrine [see § 42-378]. … The putative marriage doctrine provides<br />

that, when a marriage is declared a nullity, the civil effects of a legal marriage will<br />

continue to flow to the parties who contracted the marriage in good faith…. In<br />

other words, a putative spouse will have many of the rights of an actual spouse.<br />

… Good faith, in the context of a putative marriage, means an honest and<br />

reasonable belief that the marriage was valid at the time of the ceremony.<br />

We hold that § 42-378 applies when one or both of the parties are innocent.<br />

See also Randall v. Randall, 216 Neb. 541, 345 N.W.2d 319 (1984).<br />

In re Interest of Brittany C. et al., 13 Neb. App. 411, 693 N.W.2d 592 (2005)<br />

For purposes of appeal, papers requested to be judicially noticed must be<br />

marked, identified, and made part of record<br />

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