Child Support Enforcement - Sarpy County Nebraska

Because a conditional commitment is a possible sanction in a civil contempt
proceeding, we conclude that the “clear and convincing” standard of proof is the
most appropriate standard.
we overrule all the cases listed in footnote 129 to the extent that these cases hold or
imply that proof beyond a reasonable doubt is required for civil contempt
proceedings. Outside of statutory procedures imposing a different standard, it is the
complainant’s burden to prove civil contempt by clear and convincing evidence.
State ex rel. Bonner v. McSwine, 14 Neb. App. 486, 709 N.W.2d 691 (2006)
A finding that a judgment debtor is not in contempt does not discharge or otherwise
impair the underlying judgment for child support. (Duh!)
Pursuant to Neb. Rev. Stat. § 43-1613 (Reissue 2004), in any and all cases referred
to a child support referee by the district court, the parties shall have the right to
take exceptions to the findings and recommendations made by the referee and to
have a further hearing before the district court for final disposition.
Turner v. Rogers et al., U.S. Supreme Court (June 2011) – (See Constitutional law)
Corporations
Gangwish v. Gangwish, 267 Neb. 901, 678 N.W.2d 503 (2004)
While building equity in a corporation in lieu of taking salary can be a wise business
decision, the “’support of one’s children is a fundamental obligation which takes
precedence over almost everything else.
It would simply be inequitable for the children to suffer because of the father’s
decision to build value in the corporation by depressing his salary.
Courts must consider, in addition to looking at the noncustodial parent’s reported
income, (1) the in-kind benefits, e.g., perquisites, that the parent received from the
corporation; (2) the corporation’s depreciation expenses; and (3) with due regard for
business realities, the amount of the corporation’s income which should equitably
have been attributed to the parent.
Criminal Non-Support & Related
§ 28-706 Criminal Non-Support; penalty; exceptions.
(1) Any person who intentionally fails, refuses, or neglects to provide proper support which he
or she knows or reasonably should know he or she is legally obliged to provide to a spouse,
minor child, minor stepchild, or other dependent commits criminal nonsupport.
(2) …
(3) Support includes, but is not limited to, food, clothing, medical care, and shelter.
(4) A designation of assets for or use of income by an individual in accordance with section 68-
922 shall be considered just cause for failure to use such assets or income to provide medical
support of such individual’s spouse.
(5) This section does not exclude any applicable civil remedy.
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