Child Support Enforcement - Sarpy County Nebraska

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JUSTICE or other court case and financial management system, but such document, image, or data shall be electronically marked and shall not be accessible or viewable by the public. The Appendix 3 information shall be provided to the child support division of the <strong>Nebraska</strong> Department of Health and Human Services, but shall not otherwise be made available without further court order. The form in Appendix 3 may be used in any civil case and shall be protected as stated above. (C) The personal and financial information identified in § 6-1521(A) shall not be included in any pleading or document submitted by a party or counsel for filing with the court, except by reference to a separate Appendix 3 document. An Appendix 3 document shall be separately tendered with any such pleading or other document, and if the Appendix 3 document is submitted in electronic form, it shall be identified in the filing transmittal as a confidential Appendix 3 submission. The form in Appendix 3 is mandatory with respect to the information identified in § 6-1521(A), but a party, attorney, or court may include in the Appendix 3 form additional personal or financial information sought to be protected. (D) The personal and financial information identified in § 6-1521(A) shall not be included in any court order, judgment, or decree, including, but not limited to, any decree of dissolution of marriage, decree of legal separation, order of paternity, qualified domestic relations order, or other child support order or order of modification, except by reference to a separate Appendix 3 document. Where the court finds that an order, judgment, or decree must contain Social Security numbers or other personal information stated in § 6-1521(A), the court shall have the original order sealed and provide in the case file a redacted version of the order for public view. (E) No exhibit used at trial shall contain a complete account number for any financial accounts or debts of any party. The same shall be redacted by the person offering the exhibit to the extent necessary to protect the information from misuse. By agreement of the parties, or as directed by the court, financial account information shall be identified in all pleadings, other documents and court orders, judgments, or decrees in such a manner as the parties, counsel, court, and jury may be able to distinguish information between similar accounts or debts, or as may be necessary to establish relevance to the matter being litigated. (F) The name, birth date, gender, and Social Security number information of parties sought to be protected by this rule may be furnished to the clerk of the court by the parties prior to issuance of any order or decree. This information shall be furnished using the form provided in Appendix 3. Protection of this information shall be as set forth in § 6-1521(B). Where a party or counsel is required by statute or rule to furnish information identified in § 6-1521(A) to a court or clerk of the court but such information is not required to be filed, the clerk of the court shall not place such information in the court file or allow such information to be accessible, either in paper or electronic form, to the public. (G) The responsibility for redacting personal and financial data set forth in § 6-1521(A) rests solely with counsel and the parties. The clerk of the court shall not be required to review documents for compliance with this rule. If a clerk of the court identifies a violation of this rule, the clerk may, at his or her option, provide a redacted document for public access. However, the clerk electing to provide a redacted copy for public access shall maintain the original document without any alterations thereof, which document shall only be available to the court and the parties or the parties’ counsel. - 198 -
Rule 21 adopted April 16, 2008. Renumbered and codified as § 6-1521, effective July 18, 2008. This file last modified Monday December 01, 2008 Unicameral Update (A daily report on happenings in the Unicameral, when it is in session): http://nebraskalegislature.gov/web/public/home Unicameral Update link Session Calendar A list of all standing, special and select committees, and their membership: Subscribe to weekly email updates: Email unicameral update --> subscribe@googlegroups.com 2012 Summary: In contrast to recent years, the 2012 session of the <strong>Nebraska</strong> Unicameral ended up being a quiet one in terms of child support legislation that actually passed. 2011 bills of interest:* Unicameral Update link & http://nebraskalegislature.gov/ LB15 - Change district court execution of judgment provisions – passed into law LB17 - Change civil procedure complete court record provisions – passed into law LB66 - Change provisions relating to DNA collection – has failed to advance LB147 - Change family law provisions relating to court orders, forum, child support, and visitation – has failed to advance, and likely won’t. LB157 - Change guardianship and conservatorship provisions – passed into law LB251 - Would increase many different court fees – Has failed to advance LB296 - Eliminate oath requirements for filing of a criminal complaint and for verifying information – passed as LB 669 LB302 - Provide for a restructuring plan for the court system – Remains on General File LB398 - Change provisions relating to notaries public – Remains stuck in Committee LB408 - Change provisions relating to divorce – Remains stuck in Committee LB451 - Change court fees, procedures, offices, and judgeships – bill remains in committee, however parts of the bill were transferred into LB 669, and passed LB475 - Change garnishment provisions to include independent contractors providing services to government entities – Remains stuck in Committee - 199 -
Page 1 and 2:
Have a Wonderful Summer! Child Supp
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Table of Contents:* * (accessible v
Page 5 and 6:
Table of Contents (continued): Mult
Page 7 and 8:
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
Page 21 and 22:
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
Page 33 and 34:
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
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
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State on behalf of L.L.B. v. Hill,
Page 61 and 62:
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
Page 67 and 68:
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
Page 87 and 88:
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
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§ 43-1408.01 Notarized acknowledgm
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§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 and 200: In re Interest of Chance J., 279 Ne
Page 201 and 202: per hour, two hour minimum. C. (1)
Page 203: (3) If, regardless of whether payme
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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