Child Support Enforcement - Sarpy County Nebraska

An order modifying child custody which does not include a child support
calculation is not a final order. See also Johnson v. Johnson, 15 Neb. App. 292,
726 N.W.2d 194 (2006)
§ 43-2929 requires the final judgment in cases involving child custody to incorporate
a parenting plan which resolves the issue of visitation.
Carter v. Carter, 276 Neb. 840, 758 N.W.2d 1 (2008)
This case offers a good discussion on what constitutes the “home state” of a minor child
under the UCCJEA.
Coleman v. Kahler, 17 Neb. App. 518, 766 N.W.2d 142 (2009)
The Nebraska Supreme Court has held that before a custodial parent can remove a
child from the state, permission of the court is required, whether or not there is a
travel restriction placed on the custodial parent. State ex rel. Reitz v. Ringer, 244
Neb. 976, 510 N.W.2d 294 (1994).
Our review of removal jurisprudence in Nebraska involving children born in and out
of wedlock reveals a common element: a prior child custody determination.
Under the Uniform Child Custody Jurisdiction and Enforcement Act, a “child custody
determination” is defined to mean “a judgment, decree, or other order of a court
providing for the legal custody, physical custody, or visitation with respect to a child.
Based on State on behalf of Pathammavong v. Pathammavong, 268 Neb. 1, 679
N.W.2d 749 (2004), and State ex rel. Grape v. Zach, supra, we hold that Nebraska’s
removal jurisprudence does not apply to a child born out of wedlock where
there has been no prior adjudication addressing child custody or parenting
time.
Conn v. Conn, 15 Neb. App. 77, 722 N.W.2d 507 (2006)
A parent’s rights are not absolute and must yield to the best interests of the child.
Drew on Behalf of Reed v. Reed, 16 Neb. App. 905, 755 N.W.2d 420 (2008)
See § 4-212 of the Child Support Guidelines
Joint physical custody means the child lives day in and day out with both parents on
a rotating basis.
Numerous parenting times with a child do not constitute joint physical custody.
Liberal parenting time does not justify a joint custody child support calculation.
Eliker v. Eliker, 206 Neb. 764, 295 N.W.2d 268 (1980).
Time may heal all wounds, but it does not make child support go away.
Questions of custody and support are not controllable by agreement of the parties.
Neither of the parties is authorized to interfere with the court’s orders and only the court
can determine what, if any, adjustments should be made.
Elsome v. Elsome, 257 Neb. 889, 601 N.W.2d 537 (1999)
If trial evidence establishes a joint physical custody arrangement, courts will so
construe it, regardless of how prior decrees or court orders have characterized the
arrangement.
When the parent owing child support has physical custody of the minor children at
least 38% of the time, the parties have joint physical custody, and the joint
physical custody worksheet (worksheet 3) should be used in setting child support.
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