Child Support Enforcement - Sarpy County Nebraska

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transferee may not need to be joined in an action for judgment of damages against a defendant. “[d]issipation of marital assets” is defined as one spouse’s use of marital property for a selfish purpose unrelated to the marriage at the time when the marriage is undergoing an irretrievable breakdown. Ropken v. Ropken, 169 Neb. 352, 99 N.W.2d 480 (1959) Nebraska will recognize common law marriages entered into consistent with the law of the state the parties resided in when such marriage is deemed to have begun. The validity of a marriage is determined by the law of the place where it was contracted; if valid there it will be valid everywhere. Common-law marriages are not recognized in Nebraska by legislative enactment. Cohabitation in Nebraska without a ceremonial marriage is meretricious. It is not evidence of a marital status in this state. It is presumed that a meretricious relationship having its origin in this state continues to be such. Necessarily, the presumption follows even when the parties subsequently live in a state recognizing common-law marriages. Additional Information & Resources Nebraska Child Support Enforcement Association – www.ncsea.info/ National Child Support Enforcement Association (NCSEA) – www.ncsea.org/ Nebraska Attorney General/ A.G. Opinions – www.ago.state.ne.us/ Nebraska Crime Commission/CLE – www.ncc.ne.gov/calendar/calendar_cle.htm Western Interstate Child Support Enforcement Council (WICSEC) - www.wicsec.org/ Amended and expanded rules for use of interpreters in Courts: There are now 9 pages of court rules regarding the use of interpreters in the court system of Nebraska. See http://www.supremecourt.ne.gov/rules/pdf/Ch6Art7.pdf for full details. These latest rules are effective Oct. 21, 2009. Interpreter costs are eligible for federal/state reimbursement The Nebraska Supreme Court amended rules for use of interpreters, effective 7- 01-2007. With interpreter costs rising, it is important to note that these costs are eligible for reimbursement by your office or by the court. See generally www.supremecourt.ne.gov/rules/amendments/feescheduleamdmt.pdf and www.supremecourt.ne.gov/rules/amendments/interpreteramdmts.pdf A portion of the updated court rule is reprinted below: The Nebraska Supreme Court establishes the following interpreter fee schedule: A. For interpreters: $35.00 per hour, two hour minimum. B. For an interpreter who is a Nebraska Supreme Court Certified Court Interpreter, $50.00 - 194 -
per hour, two hour minimum. C. (1) Certified sign interpreters for the deaf and hard of hearing, $50.00 per hour. (Certified sign interpreters possess a Level I classification pursuant to rule 1D of the Supreme Court Rules Relating to Court Interpreters, i.e., interpreters who hold at least one of the following RID certificates: Specialist Certificate: Legal (SC:L), NIC Master, NIC Advanced, CI/CT, CSC. Deaf interpreters who hold CLIP-R or CDI). (2) Non-certified sign interpreters, $35.00 per hour. (Non-certified sign interpreters possess a Level II classification pursuant to rule 1D of the Supreme Court Rules Relating to Court Interpreters, i.e., interpreters who hold RID NIC, RID CI, RID CT, NAD 4 or 5, QAST 4/4 or higher. Deaf interpreters who hold a Nebraska Specialist Intermediary License). D. Unless otherwise agreed to, interpreters shall be paid by the hour in thirty minute increments. Time shall be determined by using the next highest thirty minute increment (i.e., 2 hours 4 minutes equals 2 hours 30 minutes). IRS Mileage Reimbursement, Effective April 17, 2012 The IRS has set the mileage reimbursable rate to 55.5 cents per mile. This is effective for 2012. Section 23-1112 outlines the procedures for county officials to receive reimbursement for mileage to perform/attend county functions. http://www.gsa.gov/portal/content/100715 Nebraska Worker’s Compensation Court update Nebraska Workers’ Compensation maximum income benefit set at $710.00 per week www.wcc.ne.gov/ Effective January 1, 2012, the maximum weekly income benefit under the Nebraska Workers’ Compensation Act is $710.00. This amount applies to work-related injuries and illnesses occurring on or after January 1, 2012. This amount equals 100 percent of the state average weekly wage as determined by the administrator of the Nebraska Workers’ Compensation Court. The previous maximum weekly income benefit levels will continue to apply to workrelated injuries and illnesses occurring during their effective dates. The minimum weekly income benefit remains at $49.00, where it has remained since 1974! An historic look at worker’s comp. benefit rates in Nebraska may be found at http://www.wcc.ne.gov/legal/benefits.pdf For more information regarding workers’ compensation in Nebraska, please call the Nebraska Workers’ Compensation Court information line at 800-599-5155 or 402-471- 6468. The court’s Web site (www.wcc.ne.gov/) also contains information regarding the court’s operations. Note: Worker’s compensation benefits are subject to withholding for child support. Relevant recent legislation/policy news: §43-1724. Any employer or other payor who fails to withhold and remit any income of an obligor receiving income from the employer or other payor, after proper notice as - 195 -
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
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
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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
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Under certain circumstances, an ame
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A party seeking to modify a dissolu
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(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 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: In re Interest of Chance J., 279 Ne
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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