Child Support Enforcement - Sarpy County Nebraska

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But see: Wills v. Wills, 16 Neb.App. 559 (2008) The age of emancipation is never modifiable Under Neb.Rev.Stat. § 42-746(d) (Reissue 2004), the law of the state which issued the initial controlling order governs the duration of the obligation of support. Section 42-746 states, in pertinent part: (c) Except as otherwise provided in section 42-747.03 , a tribunal of this state shall not modify any aspect of a child support order that cannot be modified under the law of the issuing state, including the duration of the obligation of support.... (d) In a proceeding to modify a child support order, the law of the state that is determined to have issued the initial controlling order governs the duration of the obligation of support. The obligor’s fulfillment of the duty of support established by that order precludes imposition of a further obligation of support by a tribunal of this state. Civil Procedure, Civil Process & Related (See also Appellate Practice, Jurisdiction and Miscellaneous. Visit the Supreme Court website’s Rules link for updates on court rules for all courts) § 25-217 Action; commencement; defendant not served; effect. An action is commenced on the date the complaint is filed with the court. The action shall stand dismissed without prejudice as to any defendant not served within six months from the date the complaint was filed. §25-309. Suit against infant; guardian for suit; when appointed; exception. Except as provided by the Nebraska Probate Code, the defense of an infant must be by a guardian for the suit, who may be appointed by the court in which the action is prosecuted, or by a judge thereof, or by a county judge. The appointment cannot be made until after service of the summons in the action as directed by this code. Source: R.S.1867, Code § 38, p. 399; R.S.1913, § 7590; C.S.1922, § 8533; C.S.1929, § 20-309; R.S.1943, § 25-309; Laws 1975, LB 481, § 12. § 25-503.01 Summons (1) The summons shall be directed to the defendant or defendants, and contain the names of the parties and the name and address of the plaintiff’s attorney, if any, otherwise the address of the plaintiff. It shall notify defendant that in order to defend the lawsuit an appropriate written response shall be filed with the court within thirty days after service, and that upon failure to do so the court may enter judgment for the relief demanded in the complaint. (2) A judgment by default shall not be different in kind from that demanded in the complaint. If only special damages are demanded a judgment by default shall not exceed the amount demanded in the complaint. Source: Laws 1983, LB 447, § 20; Laws 2002, LB 876, § 13 § 25-2211 …If the defendant fails to answer, the cause for the purpose of this section shall be deemed to be at issue upon questions of fact, but in every such case the plaintiff may move for and take such judgment as he or she is entitled to, on the defendant’s default, on or after the day on which the action is set for trial. … - 22 -
§ 48-802 – Statutes, General Rules of Construction. Explains what “may” and “shall” and other fun words mean when used in the law. The “divisibility doctrine”… A decree of divorce granted on constructive or substituted service of process may be divisible, that is, entitled to full faith and credit in other jurisdictions as far as it affects the marital status, and ineffective on other issues; but a decree based on personal service of process must be recognized as valid for all purposes. 27C C.J.S. Divorce § 787 at 465 (1986) See also: Harvey v. Harvey, 6 Neb. App. 524, 575 N.W.2d 167 (1998) Starr v. King, 234 Neb. 339, 451 N.W.2d 82 (1990) State on Behalf of A.E. v. Buckhalter, 273 Neb. 443, 730 N.W.2d 340 (2007) Supreme Court Rule § 6-1504. Domestic relations cases. (5) All applications for temporary custody, support, and maintenance shall comply with Nebraska statutes. (B) All applications for temporary support and allowances shall be determined without testimony upon argument and affidavits setting forth information required by Nebraska Child Support Guidelines and Nebraska statutes. Court A properly completed Department of Health Bureau of Vital Statistics form shall be filed with each petition for dissolution of marriage, and no decree will be entered unless each form is completed in full. (D) If any case contains an order or judgment for child or spousal support, or for the payment of medical expenses, the order shall include the following statements: (1) Delinquent child or spousal support shall accrue interest at the following rate: (insert the rate in effect on judgments as published in the applicable issue of the Nebraska Advance Sheets). (2) If immediate income withholding is not required by law to be ordered in a case and is not so ordered, the following statement shall be included: In the event the obligor fails to pay any child support, spousal support, or other payment ordered to be made through the clerk of the district court, as such failure is certified each month by said clerk in cases in which court-ordered support is delinquent in an amount equal to the support due and payable for a one-month period of time, the obligor shall be subject to income withholding and may be required to appear in court and show cause why such payment was not made. In the event the obligor fails to pay and appear as ordered, a warrant shall be issued for his or her arrest. (3) If, regardless of whether payments are in arrears, the court orders income withholding pursuant to Neb. Rev. Stat. § 43-1718.01 or § 43-1718.02, the statement specified in § 6- 1504(D)(2) shall be altered to read as follows: In the event the obligor fails to pay any child, spousal support, or medical payment, as such failure is certified each month by the district court clerk in cases in which court-ordered support is delinquent in an amount equal to the support due and payable for a one-month period of time, the obligor may be required to appear in court and show cause why such payment was not made. In the event the obligor (respondent or petitioner) fails to pay and appear as ordered, a warrant shall be issued for his or her arrest. (E) Any order for support presented to the court shall require the obligor to furnish to the clerk of the court his or her address, telephone number, social security number, the name of his or her employer, and the name of his or her health insurance carrier, if any, together with the number of the policy and the address at which claims are to be submitted. The order shall further require the - 23 -
Page 1 and 2: Have a Wonderful Summer! Child Supp
Page 3 and 4: Table of Contents:* * (accessible v
Page 5 and 6: Table of Contents (continued): Mult
Page 7 and 8: A Note for Legal Practitioners: Mem
Page 9 and 10: Overview/ IV-D Attorney Duty Gangwi
Page 11 and 12: Neb. Rev. Stat. § 7-105(2) (Reissu
Page 13 and 14: See Lehr v. Robertson, 463 U.S. 248
Page 15 and 16: their attorney of record and, excep
Page 17 and 18: State ex rel. Lemon v. Gale, 272 Ne
Page 19 and 20: disobedience as an essential elemen
Page 21 and 22: student loan that the noncustodial
Page 23 and 24: having jurisdiction to compel the s
Page 25 and 26: Drew on Behalf of Reed v. Reed, 16
Page 27: income, is to be considered in dete
Page 31 and 32: from arriving on the scene, either
Page 33 and 34: In equity cases trial judges should
Page 35 and 36: Similarly, a party who does more th
Page 37 and 38: Common Law Marriages States that au
Page 39 and 40: Constitutional Issues/ Statutory In
Page 41 and 42: 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
Page 59 and 60: State on behalf of L.L.B. v. Hill,
Page 61 and 62: Due Process Conn v. Conn, 13 Neb. A
Page 63 and 64: or court order of emancipation or a
Page 65 and 66: Henderson v. Henderson, 264 Neb. 91
Page 67 and 68: they have income. There is no floor
Page 69 and 70: Lainson v. Lainson, 219 Neb. 170, 3
Page 71 and 72: Millatmal v. Millatmal, 272 Neb. 45
Page 73 and 74: 24A Am. Jur. 2d Divorce and Separat
Page 75 and 76: [T]he fact that [the custodial pare
Page 77 and 78: The same principles that apply with
Page 79 and 80:
“[C]oncerns regarding the stigma
Page 81 and 82:
(a) The interpretation of the suppo
Page 83 and 84:
make the appointment. In other case
Page 85 and 86:
Guidelines Issues (Including suffic
Page 87 and 88:
Note: In July 2008 the Federal Chil
Page 89 and 90:
Erica J. v. Dewitt, 265 Neb. 728, 6
Page 91 and 92:
Morrill County v. Darsaklis, 7 Neb.
Page 93 and 94:
Any deviation from the guidelines m
Page 95 and 96:
to also pay reimbursement for reaso
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or law of another state substantial
Page 99 and 100:
§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
Page 105 and 106:
§43-1709. Employer or other payor,
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(6) That the employer or other payo
Page 109 and 110:
income withholding for current supp
Page 111 and 112:
Title IV-D Division of the Departme
Page 113 and 114:
Held: The state was acting beyond i
Page 115 and 116:
(3) Any juvenile…whose parent, gu
Page 117 and 118:
proceeding or a new action. Since t
Page 119 and 120:
State, Dept. of Social Services v.
Page 121 and 122:
amount equal to the support due and
Page 123 and 124:
Source: Laws 1975, LB 212, § 8; La
Page 125 and 126:
The second is used in aid of an exe
Page 127 and 128:
Halsted v. Halsted, 169 Neb. 325, 9
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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
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See also: Wilkins v. Wilkins, 269 N
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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 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):
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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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